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, MONDAY, JANUARY 30, 1995 No. 18 House of Representatives

The House met at 12:30 p.m. and was I find it a little interesting that at a American feels that if you are making called to order by the Speaker pro tem- time we are cutting out some of the what a Member of Congress makes, you pore [Mr. EWING]. poorest of the poor, we have now said can probably afford a little place f that we have to extend compassion to around here. Members of Congress because they are Furthermore, most people are paying DESIGNATION OF SPEAKER PRO only making $133,000 a year and cannot their staff a whole lot less and they are TEMPORE possibly afford to live in Washington, able to live in Washington, DC, so I do The SPEAKER pro tempore laid be- DC. At least people in my district not think it quite passes the straight- fore the House the following commu- would find that a little startling in faced test. nication from the Speaker: they do not find that that is a poverty Mr. Speaker, I also am not too sure WASHINGTON, DC, wage and are a little shocked by that that it is the kind of image and deco- January 30, 1995. discrepancy as to what is poor and rum that we would like to show for this I hereby designate the Honorable THOMAS what is not. House and the respect that it has had W. EWING to act as Speaker pro tempore on But the other thing that I keep won- for over 200 years. It is kind of amazing this day. dering about as apparently we are en- to me that for over 200 years we have NEWT GINGRICH, Speaker of the House of Representatives. gaging in this new congressional slum- gotten by without Members having to f ber party, things that we do not know: sleep in their office and, suddenly in Is the House restaurant going to do 1995, things have gotten so tough for MORNING BUSINESS room service? Are we going to rename Members that this has to be extended. The SPEAKER pro tempore. Pursu- the office buildings the House office But I think it also falls into part of ant to the order of the House of Janu- buildings and dormitories? Does this the whole gift rule debate that we have ary 4, 1995, the Chair will now recog- qualify under the gift rule? Is this a been trying to have on this House nize Members from lists submitted by gift from the Speaker to Members who floor. Suddenly we get this gift, and the majority and minority leaders for use this? Will there be bed checks? Will being able to have free housing here ap- morning hour debates. The Chair will staff be allowed to come or is this parently, because the IRS has not spo- alternate recognition between the par- going to be income tested? Do you have ken, but apparently we are going to be ties, with each party limited to not to to make at least as much as a Member given this gift, but we still do not have exceed 30 minutes, and each Member to be this impoverished? Do we have to time to deal with the gift rule as to except the majority and minority lead- report this on our income tax? what kind of gifts we can get from lob- er limited to not to exceed 5 minutes. Mr. Speaker, as you know, the Mem- byists. The Chair recognizes the gentle- bers in the last term decided that we Mr. Speaker, I think it is time to end woman from Colorado [Mrs. SCHROE- would be taxed on our cars, where we the freebie culture. I think the Amer- DER] for 5 minutes. park our cars, because that was the ican people think it is time to end the f only fair thing to do and to treat our- freebie culture. I think they thought it selves like the private sector. was time to end it last term when we TIME TO END THE FREEBIE In the private sector, I assume that passed it over and over again, and I CULTURE the IRS would tax us if we were given hope that we could take time out to Mrs. SCHROEDER. Mr. Speaker, I free room and board. So will the IRS get to some of the real core issues be- come to the floor today to try and get tax us here? And since we are already fore we see even more gifts being dis- some answers to a new policy that was paying taxes if we have an assigned pensed and more perks being dispensed announced today in the National Jour- parking place, what if we sleep in our to Members of Congress. nal’s Congressional Daily. In that car? Does that then come in under I find it amazing that a lot of people daily, it says that the Speaker will now that? Or do we get a new IRS ruling? would get very upset about an ice be allowing Members of Congress to I find this new announcement very bucket being delivered to different sleep in their office. This is a new pol- confusing, and I hope that we get a rooms and still not being upset about icy and I have a lot of questions as to clarification as to what all of this is Members then converting them into an what is transpiring. going to entail as we start this new apartment. We are now going through this period bunk-in-the-House program. Are people going to be able to bring where we are seeing draconian cuts in I also hope maybe it gets reconsid- families to the House? If you have your all sorts of social service programs, and ered, because I think the average family in Washington, can you convert

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 841 H 842 CONGRESSIONAL RECORD — HOUSE January 30, 1995 your office into kind of a family living quar- gentleman form Michigan, the ranking with the CPI index as presently stated. ters where they can all stay? member of the Committee on the Judi- If he does that and they refigure the All of these things, I think come ciary, stated, ‘‘May I remind the gen- CPI based upon what Mr. Greenspan from this new pronouncement, and I tleman,’’ and he is referring to the gen- and others have suggested, we are talk- hope that we get a clarification later in tleman from Illinois [Mr. HYDE], ‘‘that ing about a $2,000 hit for Social Secu- the day from the Speaker, because I Social Security was a Democratic So- rity recipients. There is no way around find this a very, very interesting new cial Security insurance policy.’’ Fur- it. proposal that will probably make won- thermore, he goes on to say that it was I want the folks to be clear on that. derful material for new sitcoms. If I opposed by the Republicans. If the Speaker and the gentleman from were a sitcom writer and I read this, I Once again, we have the same Texas [Mr. ARMEY] and the Repub- would think, ‘‘Wow. We’ve been wait- strawperson being resurrected to say licans want to fool around with Social ing for 200 years for the Congress to do that the Republicans opposed Social this.’’ Can you imagine? ‘‘They eat to- Security and the CPI index, it is going Security, when in fact the record clear- to cost seniors dollars. gether, they sleep together, they legis- ly shows that 83 percent of the Repub- late together.’’ But I do not think that Mr. Speaker, I rise today because we licans in 1935 voted for the Social Secu- saw one more example of why we need is what I want as the image of this rity Act. House, and I hope we get some more in- an outside counsel to look into the Mr. Speaker, I hope that we do not Speaker’s ethics problems. The Los An- formation on this very soon. have the old false information of last f geles Times ran a story this morning year resurrected again this year. Let that raises disturbing new questions GIVE CREDIT WHERE CREDIT IS us be sure that we deal with the facts. about GOPAC. GOPAC, of course, is a DUE Let us give credit where credit is due. multi-million-dollar political action I have a chart here which I would be The SPEAKER pro tempore. Under committee run by Mr. GRINGRICH which happy to give to any Member of the at its very heart is part of the ethics the Speaker’s announced policy of Jan- other party who wants to review the uary 4, 1995, the gentleman from Michi- complaint that is being filed against facts, pointing out that in fact on such him. gan [Mr. EHLERS] is recognized during things as the Water Pollution Control Over the past 9 years, GOPAC has morning business for 5 minutes. Act of 1972, 93 percent of the Repub- Mr. EHLERS. Mr. Speaker, last year raised between $10 million and $20 mil- licans voted for it. On the Clean Air the Vice President of the United lion. Its contributors include people Act Amendments of 1970, 99 percent of States, on a national news program, who have a direct interest in Federal the Republicans voted for it. I have al- discussed health care reform and why legislation. Yet we do not know who ready given some of the other figures, the Democrats were not bothering to contributed this money and we do not particularly the Civil Rights Act, speak to the Republicans, and made know how much was spent. We do not where more Republicans than Demo- the statement that ‘‘the Republicans know this because GOPAC still refuses crats voted for it. didn’t vote for Social Security, they to disclose the names of its past con- I think it is clear that the Repub- didn’t vote for Medicare, they’re not tributors and its past expenses. licans are not Neanderthals as they are going to vote for health care, so why Let me just read a headline that was should we bother talking to them?’’ often characterized by Members of the other party. Let us give credit where in the L.A. Times this morning. ‘‘Fund- That refrain was picked up by the ing of Gingrich PAC Raises Questions. then-majority-party of the House, the credit is due. Let us stick with the facts. Let us stick with the actual Key Corporate Donors Have Interests Democrats, and we heard it on the in Pending Federal Action. FEC Al- floor time after time. The gentleman record and recognize that we must work together to accomplish what is leges Campaign Violations. from California [Mr. HORN] dug up the The L.A. Times story points out: actual facts, and he and I gave several right and what is good for this country. Mr. Speaker, I include for the ‘‘GOPAC’’ has collected contributions speeches on that last year clarifying from wealthy individuals that far ex- the situation, that in fact 83 percent of RECORD the chart referred to in my re- marks as follows: ceed annual Federal election limits.’’ the House Republicans in 1935 voted for It points out: ‘‘One Wisconsin couple the Social Security Act, contrary to VOTES CAST BY DEMOCRATS AND REPUBLICANS ON gave over $700,000 to GINGRICH’s organi- the statement made by the Vice Presi- MAJOR PIECES OF LEGISLATION THIS CENTURY zation between 1985 and 1993, nearly dent that none of them had. twice what they could have donated di- Furthermore, 47 percent of Repub- House House rectly to all Federal candidates.’’ licans voted for Medicare in 1965. And Demo- Repub- crats licans House Remember, Mr. Speaker, it was just shame of all shames, more Republicans vote support- support- last month that a top Gingrich ally than Democrats voted for the Civil ing ing when asked about GOPAC said that Rights Act of 1964. In fact, 81 percent of 1 1 Social Security Act (1935) ...... 96 83 372–33 GOPAC was founded ‘‘as a way of get- the Republicans in the House at that Federal Highway Act (1956) ...... 93 97 388–19 Civil Rights Act (1964) ...... 62 81 290–130 ting around campaign finance disclo- time voted for it, whereas only 62 per- Medicare (1965) ...... 86 47 313–115 sure laws.’’ cent of the Democrats did. Clean Air Act Amendments (1970) ...... 100 99 375–1 Mr. Speaker, why do I bring this Water Pollution Control Act (1972) ...... 99 93 380–14 We are not just talking about one or issue up again? We disposed of it last 1 In percent. two campaigns here. year immediately after Congressman 2 Source: Congressional Research Service. According to this morning’s story in HORN and I made our comments. The f the L.A. Times, ‘‘GOPAC boasts that refrain from the other side of the aisle half of the 136 Republican lawmakers RENEWED CALL FOR INDEPEND- disappeared. But last week once again elected since 1990 actively used the ENT COUNSEL IN SPEAKER’S it emerged as we were discussing Social group’s training materials and followed ETHICS CASE Security mandates as they relate to its advice on how to attack Democratic the balanced budget amendment and The SPEAKER pro tempore. Under opponents and use powerful issues.’’ the fear of some people that if we bal- the Speaker’s announced policy of Jan- It is not just who they gave to that is ance the budget, we will cut Social Se- uary 4, 1995, the gentleman from Michi- the problem, but why. curity. gan [Mr. BONIOR] is recognized during As the story points out, ‘‘The size of Once again the Republicans were cast morning business for 5 minutes. the contributions solely to GOPAC in the role of having opposed Social Se- Mr. BONIOR. Mr. Speaker, before I from corporate donors with important curity when it originally passed. Com- begin my comments, I just want to re- interests before the Federal Govern- ments made by the ranking member of spond to my good friend, and he is my ment raises questions about the pros- the Committee on the Judiciary indi- good friend, the gentleman from Michi- pects of preferential treatment.’’ cate that. gan [Mr. EHLERS], to say on the Social When asked about GOPAC, the non- I would like to read just a few state- Security issue, we would not be raising partisan director of the government ments that were made in the CONGRES- it, except that the Speaker, who raised watch dog group, Ellen Miller says, SIONAL RECORD last week in which the the issue, said he wants to do away ‘‘GOPAC has clearly violated the spirit January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 843 of laws which govern how much people licans would do. Especially now that for and invented in the United States can give to support politicians. The we are in control, we sense this double will in a few short years be available to biggest concern is the fact that is all standard. our world competitors to use against hidden.’’ For example, NEWT GINGRICH’s book us for free. Mr. Speaker, the American people deal comes under tremendous attack This crime against the American peo- have a right to know who is giving while the Vice President’s book deal, ple can be prevented. I have introduced money to GOPAC and how it is being which is not substantially different, legislation that will restore American spent. ends up, ‘‘Well, that’s just another patent rights to the guaranteed 17-year Clearly any person who has had deal- book deal.’’ Now we hear attacks on term that was in place before passage ings with GOPAC has a serious conflict GOPAC, and the fact is that there are of the GATT implementation legisla- of interest in this case. Yet last week organizations around this city, envi- tion. This bill, H.R. 359 has over 108 co- we learned that 2 of the 5 members of ronmental organizations, lawyer orga- sponsors. These people are protection- the Committee on Ethics appointed by nizations, public employee union orga- ist, free traders, pro-GATT, anti- Mr. GINGRICH have had past dealings nizations which have the same sort of GATT, liberals, conservatives, Demo- with GOPAC. activities. But the focus has to be on crats, and Republicans. But what ties Mr. Speaker, this will not do. The GOPAC. us all together is our commitment to only way that we are going to get to I would have to say there is a double do what is right by the American peo- the bottom of this case is to have a standard being applied. I would just ple. H.R. 359 is on the side of the little professional, independent, nonpartisan, ask that when the public hears charges guy versus the big guy. outside appointed counsel to come in made by political figures, that it be We are protecting America’s rights. here and investigate. taken into consideration that this is a When Americans invest something or That is what this House had done in political city and often charges are they invest in new technology, foreign every high visible ethics case since made for political reasons. corporations should not be able to use 1979. It did it in the ABSCAM case, it But what I have to discuss today is it without paying royalties to use it to concerning a specific piece of legisla- did it in the Diggs case, it did it in the out-compete Americans. tion. Last year I vigorously opposed Hansen case, it did it in the St. Ger- This is the travesty that passed the GATT implementation legislation main case, it did it in the case of the through GATT. It was hidden in GATT. because in it was a provision that I and former Speaker and several others. In Now we are trying to correct that with almost every inventor’s organization in each case we have appointed a non- H.R. 359. this country felt would drastically re- partisan outside counsel to investigate. I ask my colleague in both parties to duce the number of years of patent pro- As Mr. GINGRICH said himself in 1988, join me as cosponsors for H.R. 359 and tection enjoyed by Americans. ‘‘The rules normally applied by the set the law right to prevent another This provision was not required by Ethics Committee to an investigation crime against the American people, of a typical Member are insufficient in the GATT but was placed in the imple- menting legislation by powerful inter- against American inventors and inves- an investigation of the Speaker of the tors. House. Clearly, this investigation has ests who would profit by ripping off American inventors and investors. On the Senate side I am proud to an- to meet higher standards of public ac- nounce that the majority leader, BOB countability and integrity.’’ Read that Japanese and other multi- national corporations as well as DOLE, has cosponsored similar legisla- In fact, the new chair of the Commit- tion which will now been known as the tee on Ethics, the gentlewoman from megadomestic corporations that use technology rather than create it. Dole-Rohrabacher bill. Connecticut [Mrs. JOHNSON], joined Mr. Covering this legal larceny, the Unit- GINGRICH in his campaign for an out- f ed States Patent Office and the admin- side counsel in 1988. The gentlewoman istration aggressively argued that the from Connecticut [Mrs. JOHNSON] was APPOINTMENT OF OUTSIDE COUN- changes proposed would not—repeat one of 71 Republican Members who SEL TO INVESTIGATE SPEAKER that—would not decrease patent pro- joined Mr. GINGRICH in sending a letter GINGRICH tection. In fact, they brushed off criti- to the Ethics Committee asking for an cism, claiming terms for most patents The SPEAKER pro tempore. Under investigation of the former Speaker. would be increased by this change in the Speaker’s announced policy of Jan- She is reported to have supported a the law. They used the prestige of their uary 4, 1995, the gentlewoman from call for a special counsel to carry out office to lie to us and to dismiss the op- Connecticut [Ms. DELAURO] is recog- that investigation in 1988. Now she is position as not worthy of serious con- nized during morning business for 5 backing away from it. sideration. minutes. In conclusion, Mr. Speaker, let me Well, now that GATT has been Ms. DELAURO. Mr. Speaker, the need just say, if past Ethics Committees passed, a different tune is being heard. for an outside counsel to investigate were not fair or tough enough, why On January 16, the New York Times re- Speaker GINGRICH’s financial empire would this one be any different? The ported an enlightening statement made grows stronger with each passing day. standard has been set, the precedent is by Mike Kirk, Deputy Commissioner of Today there is an article in the Los there. It is time for an independent, the U.S. Patent and Trademark Office. Angeles Times which raises new ques- nonpartisan outside counsel to come in Once the GATT implementation legis- tions about the Speaker’s political and look at this issue. lation goes into effect on June 8, Kirk fund raising organization, an organiza- f now says that filing a patent after that tion known as GOPAC. day ‘‘could substantially shorten the Earlier this month there were details GATT PROVISION REDUCES YEARS term of patent.’’ What? ‘‘Shorten the of a secret meeting between the Speak- OF PATENT PROTECTION term of patent.’’ This is the opposite of er and Rupert Murdoch and that was The SPEAKER pro tempore. Under what Congress and the American peo- leaked to the press. The meeting raised the Speaker’s announced policy of Jan- ple were being told before the GATT some questions because Mr. Murdoch uary 4, 1995, the gentleman from Cali- vote. has billions of dollars of business be- fornia [Mr. ROHRABACHER] is recognized fore the Congress, and at that same b during morning business for 5 minutes. 1250 time there was a $4.5 million book deal Mr. ROHRABACHER. Mr. Speaker, Somebody has been lying, which is that was on the table. before I get into the subject I had in known to happen when tens of billions The Speaker dismissed this meeting mind this morning, I would like to just of dollars are at stake. and its content or its import by saying suggest that there has been a great These patent changes, unless cor- that, ‘‘I never get involved in cases like double standard in this Congress for rected will mean billions of dollars in this,’’ but history in fact tells us other- many, many years. Whenever conserv- royalties that would be paid to Amer- wise. The Speaker has interceded on ative Republicans do anything, it is ican inventors and investors, will now behalf of companies in the past, includ- worthy of attack and all sorts of sus- stay in the bank accounts of foreign ing writing a letter to Chief of Staff picion is being cast on whatever Repub- corporations. It means technology paid Leon Panetta asking the FDA to speed H 844 CONGRESSIONAL RECORD — HOUSE January 30, 1995 up the approval process of one of his the Chair declares the House in recess points Mr. D’AMATO, to serve as co- pharmaceutical company’s products. until 2 p.m. chairman of the Commission on Secu- Lo and behold, the pharmaceutical Accordingly (at 12 o’clock and 57 rity and Cooperation in Europe. company devoted $30,000 or an amount minutes p.m.), the House stood in re- The message also announced that thereabouts to the Progress in Free- cess until 2 p.m. pursuant to Public Law 103–227, the dom Foundation’s conservative think f Chair, on behalf of the Republican tank organization that does in fact leader, appoints Mr. GREGG as a mem- have ties to the Speaker. AFTER RECESS ber of the National Education Goals Today’s Los Angeles Times has an The recess having expired, the House Panel, vice Mr. COCHRAN. expose on GOPAC. It provides us with was called to order by the Speaker at 2 The message also announced that some really rather startling informa- p.m. pursuant to Senate Resolution 105, tion. GOPAC, again a Republican fund- f adopted April 13, 1989, as amended by raising machine, has raised millions of Senate Resolution 280, adopted October dollars without telling us who the do- PRAYER 8, 1994, the Chair, on behalf of the mi- nors are. The amount raised, according The Chaplain, Rev. James David nority leader, announced the following to the Los Angeles Times, is much Ford, D.D., offered the following pray- appointments and designations to the higher than that which is allowed by er: Senate Arms Control Observer Group: laws governing campaign fund-raising. We remember in this our prayer, O Mr. BYRD as minority administrative One couple, it is reported, have given gracious God, those who seek to serve cochairman; and Mr. NUNN as cochair- about $715,000 over 8 years, and this people in their concerns and who en- man for the minority. was a quote from the L.A. Times, deavor to do Your will. We pray also f ‘‘nearly twice what they could have do- for all those who are burdened by the nated directly to all Federal can- pressures and tensions of daily living REPUBLICAN CONTRACT WITH didates.’’ and who struggle where values are AMERICA Despite claims to the contrary, weighed and who are immersed in the GOPAC appears to be very involved in (Mr. HAYWORTH asked and was complexities and priorities of justice. given permission to address the House getting Republican candidates elected As people face these concerns we pray to the Congress. Again, according to for 1 minute.) that they will be comforted by Your Mr. HAYWORTH. Mr. Speaker, our the Los Angeles Times and I quote, presence and sustained by Your good ‘‘GOPAC boasts that half of the 136 Contract With America states, on the spirit, this day and every day. Amen. first day of Congress, a Republican elected Republicans since 1990 actively f used the group’s training materials and house will: followed its advice on how to attack THE JOURNAL Force Congress to live under the Democrats.’’ same laws as everyone else, cut one- The SPEAKER. The Chair has exam- third of committee staff, and cut the Quoting the former GOPAC chair- ined the Journal of the last day’s pro- man, and I quote, ‘‘Of course we congressional budget. ceedings and announces to the House We have done that. couldn’t have captured the House with- his approval thereof. out GOPAC.’’ How can this be? We have It goes on to state that in the first Pursuant to clause 1, rule I, the Jour- 100 days, we will vote on the following been told, the American people have nal stands approved. been told that GOPAC’s multimillion items: A balanced budget amendment— f dollar organization did not involve it- we have done this; unfunded mandates self in more than 10 percent of the time legislation; line-item veto; a new crime PLEDGE OF ALLEGIANCE bill to stop violent criminals; welfare in Federal election issues. The SPEAKER. Will the gentleman And the American people need to un- reform to encourage work, not depend- from Pennsylvania [Mr. MASCARA] derstand this: We have sent this com- ence; family reinforcement to crack come forward and lead the House in the down on deadbeat dads and protect our plex issue to be investigated by the Pledge of Allegiance. House Ethics Committee, where many children; tax cuts for families to lift Mr. MASCARA led the Pledge of Al- government’s burden from middle-in- of the Members could be recipients of legiance as follows: help from the very group that they are come Americans; national security res- in fact going to investigate. I pledge allegiance to the Flag of the toration to protect our freedoms; Sen- United States of America, and to the Repub- ior Citizens; Equity Act to allow our Really never has there been a clearer lic for which it stands, one nation under God, case for investigation by a non- seniors to work without Government indivisible, with liberty and justice for all. penalty; Government regulation re- partisan, nonpartisan outside counsel. f GOPAC has been too secretive with its forms; commonsense legal reform to finances. People need to know why. MESSAGE FROM THE SENATE end frivolous lawsuits; and congres- sional term limits to make Congress a Why are the names of the contributors A message from the Senate by Mr. secret? Is it, as was suggested in the citizen legislature. Hallen, one of its clerks, announced This is our Contract With America. Los Angeles Times by the former that the Senate had passed a bill of the GOPAC chair, because their donors following title, in which the concur- f say, and again I quote, ‘‘what if GOPAC rence of the House is requested: did something wrong and I was associ- TRIBUTE TO THE WORLD S.1. An act to curb the practice of impos- CHAMPION SAN FRANCISCO 49ERS ated with it?’’ ing unfunded Federal manages on States and Let us open the books. Let us have an local governments, to strengthen the part- (Mr. MINETA asked and was given open and fair and honest review. Let us nership between the Federal Government permission to address the House for 1 make the American public understand and State, local and tribal governments; to minute and to revise and extend his re- who are the contributors to GOPAC, end the imposition, in the absence of full marks.) what are their relationships with the consideration by Congress, of Federal man- Mr. MINETA. Mr. Speaker, I rise U.S. Congress. dates on State, local, and tribal governments today to congratulate the World Cham- We need to have an outside counsel without adequate funding, in a manner that may displace other essential govermental pion San Francisco Forty-Niners on look at this. That is simple, very clear priorities; and to ensure that the Federal their victory in Super Bowl XXIX. and open, and without any aforemen- Government pays the costs incurred by those I am especially proud to say that the tioned judgment, but let us have a look governments in complying with certain re- Forty-Niners’ headquarters and prac- at what this is all about. quirements under Federal statutes and regu- tice facility is in the city of Santa f lations, and for other purposes. Clara, in my district, and that all-pro The message also announced that tight end Brent Jones is a graduate of RECESS pursuant to Public Law 94–304, as Santa Clara University. The SPEAKER pro tempore (Mr. amended by Public Law 99–7, the Chair, All season, the Forty-Niners dis- EWING). Pursuant to clause 12 of rule I, on behalf of the Vice President, ap- played a commitment to teamwork, January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 845 sportsmanship, and community in- may want to submit their amendments rescission/receipts disapproval bill and volvement. Yesterday, in Miami, their for printing in the RECORD no later present such bill to the President for ap- dedication paid off and the Forty- than Wednesday. It is not necessary to proval or disapproval; Niners proved that they are one of the submit your amendments to the Rules (2) after the period provided in paragraph (1), an additional ten days (not including greatest teams in NFL history. Committee or to testify. Sundays) during which the President may Mr. Speaker, to Eddie DeBartolo, to Members should use the Office of exercise his authority to sign or veto the re- Jerry Rice, to Steve Young, to George Legislative Counsel to ensure that scission/receipts disapproval bill; and Seifert, and the rest of the Forty- their amendments are properly drafted (3) if the President vetoes the rescission/re- Niners organization, I say ‘‘congratula- to an amendment in the nature of a ceipts disapproval bill during the period pro- tions and thank you for a great sea- substitute we will make in order that vided in paragraph (2), an additional five cal- son.’’ incorporates the changes recommended endar days of session after the date of the veto. f by the committees of jurisdiction. Amendments should be titled, ‘‘Sub- (c) If a special message is transmitted by the President under this Act and the last ses- TRIBUTE TO CONGRESSMAN mitted for printing under clause 6 of sion of the Congress adjourns sine die before STEVE LARGENT rule XXIII,’’ signed by the Member, and the expiration of the period described in sub- (Mr. REGULA asked and was given submitted at the Speaker’s table. section (b), the rescission or veto, as the case permission to address the House for 1 For the further convenience of Mem- may be, shall not take effect. The message minute and to revise and extend his re- bers, Mr. Speaker, I submit for printing shall be deemed to have been retransmitted the text of the amendment in the na- on the first Monday in February of the suc- marks.) ceeding Congress and the review period re- Mr. REGULA. Mr. Speaker, this past ture of a substitute at this point in the RECORD. ferred to in subsection (b) (with respect to weekend one of our colleagues won yet such message) shall run beginning after such AMENDMENT IN THE NATURE OF A SUBSTITUTE another election; the gentleman from first day. Oklahoma, Congressman STEVE Strike out all after the enacting clause and SEC. 4. DEFINITIONS. LARGENT, received football’s ultimate insert the following: SECTION 1. SHORT TITLE. As used in this Act: honor, election to the Pro Football (1) The term ‘‘rescission/receipts dis- Hall of Fame in Canton, OH, my home This Act may be cited as the ‘‘Line Item Veto Act’’. approval bill’’ means a bill or joint resolu- district. SEC. 2. LINE ITEM VETO AUTHORITY. tion which only disapproves, in whole, rescis- Induction into the Hall of Fame is re- sions of discretionary budget authority or (a) IN GENERAL.—Notwithstanding the pro- only disapproves vetoes of targeted tax bene- served for only the greatest ever to visions of part B of title X of The Congres- fits in a special message transmitted by the play the game, and STEVE won that sional Budget and Impoundment Control Act President under this Act and— honor in his first year of eligibility. He of 1974, and subject to the provisions of this (A) which does not have a preamble; section, the President may rescind all or held six major career records at the (B)(i) in the case of a special message re- part of any discretionary budget authority time of his retirement. STEVE retired 5 garding rescissions, the matter after the en- or veto any targeted tax benefit which is years ago with the well-deserved rep- acting clause of which is as follows: ‘‘That subject to the terms of this Act if the Presi- utation of playing cleanly and with in- Congress disapproves each rescission of dis- dent— cretionary budget authority of the President tegrity. As a freshman in Washington, (1) determines that— as submitted by the President in a special our friend STEVE has already developed (A) such rescission or veto would help re- message on lll’’, the blank space being the same reputation in his new career. duce the Federal budget deficit; filled in with the appropriate date and the I congratulate him on the honor of his (B) such rescission or veto will not impair public law to which the message relates; and any essential Government functions; and induction and look forward to his trip (ii) in the case of a special message regard- (C) such rescission or veto will not harm to the 16th District for induction cere- ing vetoes of targeted tax benefits, the mat- the national interest; and monies in July. ter after the enacting clause of which is as (2) notifies the Congress of such rescission Mr. Speaker, I also want to honor the follows: ‘‘That Congress disapproves each or veto by a special message not later than veto of targeted tax benefits of the President other four 1995 inductees: Kellen Wins- ten calendar days (not including Sundays) as submitted by the President in a special low of the San Diego Chargers, Lee Roy after the date of enactment of an appropria- message on lll’’, the blank space being Selmon for the Tampa Bay Buccaneers, tion Act providing such budget authority or filled in with the appropriate date and the the late Henry Jordan of the Green Bay a revenue or reconciliation Act containing a public law to which the message relates; and targeted tax benefit. Packers, and the late Jim Finks, gen- (C) the title of which is as follows: ‘‘A bill (b) DEFICIT REDUCTION.—In each special eral manager for Minnesota and Chi- disapproving the recommendations submit- message, the President may also propose to cago during their treks to the Super ted by the President on lll’’, the blank reduce the appropriate discretionary spend- Bowl. All are outstanding men who space being filled in with the date of submis- ing limit set forth in section 601(a)(2) of the sion of the relevant special message and the richly deserve this honor. Congressional Budget Act of 1974 by an public law to which the message relates. f amount that does not exceed the total (2) The term ‘‘calendar days of session’’ amount of discretionary budget authority re- shall mean only those days on which both ANNOUNCEMENT ON AMENDMENTS scinded by that message. Houses of Congress are in session. TO LINE-ITEM VETO BILL (H.R. 2) (c) SEPARATE MESSAGES.—The President (3) The term ‘‘targeted tax benefit’’ means shall submit a separate special message for (Mr. SOLOMON asked and was given any provision of a revenue or reconciliation each appropriation Act and for each revenue permission to address the House for 1 Act determined by the President to provide a or reconciliation Act under this paragraph. minute and to revise and extend his re- Federal tax deduction, credit, exclusion, SEC. 3. LINE ITEM VETO EFFECTIVE UNLESS DIS- preference, or other concession to 100 or marks and include extraneous mate- APPROVED. fewer beneficiaries. Any partnership, limited rial.) (a)(1) Any amount of budget authority re- partnership, trust, or S corporation, and any Mr. SOLOMON. Mr. Speaker, I wish scinded under this Act as set forth in a spe- subsidiary or affiliate of the same parent cial message by the President shall be to announce to House Members that corporation, shall be deemed and counted as deemed canceled unless, during the period the Rules Committee will meet this a single beneficiary regardless of the number described in subsection (b), a rescission/re- Wednesday to report an open rule for of partners, limited partners, beneficiaries, ceipts disapproval bill making available all the consideration of H.R. 2, the Line- shareholders, or affiliated corporate entities. of the amount rescinded is enacted into law. (4) The term ‘‘appropriation Act’’ means Item Veto Act of 1995. (2) Any provision of law vetoed under this any general or special appropriation Act, and The rule may include a provision giv- Act as set forth in a special message by the any Act or joint resolution making supple- ing priority in recognition to Members President shall be deemed repealed unless, mental, deficiency, or continuing appropria- who have caused their amendments to during the period described in subsection (b), tions. be printed in the amendment section of a rescission/receipts disapproval bill restor- the CONGRESSIONAL RECORD prior to ing that provision is enacted into law. SEC. 5. CONGRESSIONAL CONSIDERATION OF their consideration—though this would (b) The period referred to in subsection (a) LINE ITEM VETOES. not be mandatory. is— (a) PRESIDENTIAL SPECIAL MESSAGE.— (1) a congressional review period of twenty Whenever the President rescinds any budget Since the House is tentatively sched- calendar days of session, beginning on the authority as provided in this Act or vetoes uled to begin consideration of the bill first calendar day of session after the date of any provision of law as provided in this Act, on Thursday of this week, Members submission of the special message, during the President shall transmit to both Houses wishing to have priority recognition which Congress must complete action on the of Congress a special message specifying— H 846 CONGRESSIONAL RECORD — HOUSE January 30, 1995 (1) the amount of budget authority re- the Whole, the first reading of the bill shall geted tax benefit was accepted or rejected by scinded or the provision vetoed; be dispensed with. General debate shall pro- Congress. (2) any account, department, or establish- ceed without intervening motion, shall be (2) The total number of proposed Presi- ment of the Government to which such budg- confined to the bill, and shall not exceed two dential rescissions of discretionary budget et authority is available for obligation, and hours equally divided and controlled by a authority and vetoes of a targeted tax bene- the specific project or governmental func- proponent and an opponent of the bill. After fit submitted through special messages for tions involved; general debate the Committee shall rise and the fiscal year ending during the preceding (3) the reasons and justifications for the report the bill to the House. The previous calendar year, together with their total dol- determination to rescind budget authority or question shall be considered as ordered on lar value. veto any provision pursuant to this Act; the bill to final passage without intervening (3) The total number of Presidential rescis- (4) to the maximum extent practicable, the motion. A motion to reconsider the vote on sions of discretionary budget authority or estimated fiscal, economic, and budgetary passage of the bill shall not be in order. vetoes of a targeted tax benefit submitted effect of the rescission or veto; and (3) Appeals from the decisions of the Chair through special messages for the fiscal year (5) all actions, circumstances, and consid- relating to the application of the rules of the ending during the preceding calendar year, erations relating to or bearing upon the re- House of Representatives to the procedure together with their total dollar value. scission or veto and the decision to effect the relating to a bill described in subsection (a) (3) The total number of Presidential rescis- rescission or veto, and to the maximum ex- shall be decided without debate. sions of discretionary budget authority or tent practicable, the estimated effect of the (4) It shall not be in order to consider more vetoes of a targeted tax benefit submitted rescission upon the objects, purposes, and than one bill described in subsection (c) or through special messages for the fiscal year programs for which the budget authority is more than one motion to discharge described ending during the preceding calendar year provided. in paragraph (1) with respect to a particular and approved by Congress, together with (b) TRANSMISSION OF MESSAGES TO HOUSE special message. their total dollar value. AND SENATE.— (5) Consideration of any rescission/receipts (4) A list of rescissions of discretionary (1) Each special message transmitted under disapproval bill under this subsection is gov- budget authority initiated by Congress for this Act shall be transmitted to the House of erned by the rules of the House of Represent- the fiscal year ending during the preceding Representatives and the Senate on the same atives except to the extent specifically pro- calendar year, together with their dollar day, and shall be delivered to the Clerk of vided by the provisions of this Act. value, and an indication of whether each the House of Representatives if the House is (e) CONSIDERATION IN THE SENATE.— such rescission was accepted or rejected by not in session, and to the Secretary of the (1) Any rescission/receipts disapproval bill Congress. Senate if the Senate is not in session. Each received in the Senate pursuant to the provi- (5) The total number of rescissions of dis- special message so transmitted shall be re- sions of this Act. cretionary budget authority initiated and ferred to the appropriate committees of the (2) Debate in the Senate on any rescission/ accepted by Congress for the fiscal year end- House of Representatives and the Senate. receipts disapproval bill and debatable mo- ing during the preceding calendar year, to- Each such message shall be printed as a doc- tions and appeals in connection therewith, gether with their total dollar value. ument of each House. shall be limited to not more than ten hours. (6) A summary of the information provided (2) Any special message transmitted under The time shall be equally divided between, by paragraphs (2), (3) and (5) for each of the this Act shall be printed in the first issue of and controlled by, the majority leader and ten fiscal years ending before the fiscal year the Federal Register published after such the minority leader or their designees. during this calendar year. transmittal. (3) Debate in the Senate on any debatable (c) INTRODUCTION OF RESCISSION/RECEIPTS motions or appeal in connection with such f DISAPPROVAL BILLS.—The procedures set bill shall be limited to one hour, to be equal- forth in subsection (d) shall apply to any re- ly divided between, and controlled by the PLEDGE TO ACCEPT NO GIFTS scission/receipts disapproval bill introduced mover and the manager of the bill, except FROM LOBBYISTS in the House of Representatives not later that in the event the manager of the bill is than the third calendar day of session begin- in favor of any such motion or appeal, the (Mr. MASCARA asked and was given ning on the day after the date of submission time in opposition thereto shall be con- permission to address the House for 1 of a special message by the President under trolled by the minority leader or his des- minute.) section 3. ignee. Such leaders, or either of them, may, Mr. MASCARA. Mr. Speaker, I stand (d) CONSIDERATION IN THE HOUSE OF REP- from the time under their control on the pas- here today to urge my colleagues to RESENTATIVES.—(1) The committee of the sage of the bill, allot additional time to any take a pledge to accept no gifts from House of Representatives to which a rescis- Senator during the consideration of any de- lobbyists and to quickly pass legisla- sion/receipts disapproval bill is referred shall batable motion or appeal. tion making such a ban the law of the report it without amendment, and with or (4) A motion to further limit debate is not without recommendation, not later than the debatable. A motion to recommit (except a land. The American people are demand- eighth calendar day of session after the date motion to recommit with instructions to re- ing that we break all ties with special of its introduction. If the committee fails to port back within a specified number of days interest lobbyists. report the bill within that period, it is in not to exceed one, not counting any day on The first day of this session I voted order to move that the House discharge the which the Senate is not in session) is not in with my Democratic colleagues to im- committee from further consideration of the order. pose tough gift restrictions. Not one of bill. A motion to discharge may be made (f) POINTS OF ORDER.— my colleagues on the other side of the only by an individual favoring the bill (but (1) It shall not be in order in the Senate to aisle voted for this measure. The Presi- only after the legislative day on which a consider any rescission/receipts disapproval Member announces to the House the Mem- bill that relates to any matter other than dent has asked us to voluntarily imple- ber’s intention to do so). The motion is high- the rescission of budget authority or veto of ment a gift ban. I have taken that ly privileged. Debate thereon shall be lim- the provision of law transmitted by the pledge and ask my colleagues on the ited to not more than one hour, the time to President under this Act. other side of the aisle to join with me be divided in the House equally between a (2) It shall not be in order in the Senate to in the gift ban pledge. proponent and an opponent. The previous consider any amendment to a rescission/re- Mr. Speaker, the American people ex- question shall be considered as ordered on ceipts disapproval bill. pect no less from us. Let us band to- the motion to its adoption without interven- (3) Paragraphs (1) and (2) may be waived or gether, both Democrats and Repub- ing motion. A motion to reconsider the vote suspended in the Senate only by a vote of by which the motion is agreed to or dis- three-fifths of the members duly chosen and licans, and pass the gift ban now. agreed to shall not be in order. sworn. f (2) After a rescission/receipts disapproval SEC. 6. REPORTS OF THE GENERAL ACCOUNTING bill is reported or the committee has been OFFICE. THE CONTRACT WITH AMERICA discharged from further consideration, it is Beginning on January 6, 1996, and at one- BOOK in order to move that the House resolve into year intervals thereafter, the Comptroller the Committee of the Whole House on the General shall submit a report to each House (Mr. BALLENGER asked and was State of the Union for consideration of the of Congress which provides the following in- given permission to address the House bill. All points of order against the bill and formation: for 1 minute.) against consideration of the bill are waived. (1) A list of each proposed Presidential re- Mr. BALLENGER. Mr. Speaker, the The motion is highly privileged. The pre- scission of discretionary budget authority one book that the Democrats are real vious question shall be considered as ordered and veto of a targeted tax benefit submitted scared of is the Contract With Amer- on that motion to its adoption without in- through special messages for the fiscal year tervening motion. A motion to reconsider ending during the preceding calendar year, ica. This book is No. 3 on the New York the vote by which the motion is agreed to or together with their dollar value, and an indi- Times best seller list. It is so popular disagreed to shall not be in order. During cation of whether each rescission of discre- because it is the change the American consideration of the bill in the Committee of tionary budget authority or veto of a tar- people have been waiting for. It is the January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 847 right thing to do, and it is what the Re- bankrupt and closed the only water to be recognized as a national holiday. publicans are doing. treatment facility that Gretna has. He also fought for many things for the Mr. Speaker, I suggest that my col- Mr. Speaker, the EPA is a prime ex- veterans and for patriotism. leagues from the other side of the aisle ample of a big government gone bad. He served until 1971 in the House, and read this book because we are leading We must protect the taxpayers from since that time he served, as in 1977 he the change and they had better learn these types of unfunded mandates be- was elected and selected to serve, as how to follow. This book changes Con- fore we break the backs of States, mu- Administrator of the Veterans Admin- gress and the Democrats only want to nicipalities, and the taxpayers across istration where he served for 3 years. change the subject. this country. He will be missed by many of us. He f f was a great friend. We will miss Dick Roudebush. INTRODUCTION OF THE WELFARE NO MORE AID TO RUSSIA TO SELF-SUFFICIENCY ACT OF 1995 f (Mr. TRAFICANT asked and was (Mr. VOLKMER asked and was given given permission to address the House SLUMBER PARTIES IN THE HOUSE permission to address the House for 1 for 1 minute and to revise and extend (Mrs. SCHROEDER asked and was minute and to revise and extend his re- his remarks.) given permission to address the House marks.) Mr. TRAFICANT. Mr. Speaker, some- for 1 minute.) Mr. VOLKMER. Mr. Speaker, today I thing does not make sense; Russia used Mrs. SCHROEDER. Mr. Speaker, our rise to welcome the Governors of our to be our No. 1 enemy and now it must new Speaker GINGRICH certainly is not great Nation who have come to Wash- be our No. 1 friend because we give short of compassion. ington to discuss the problems that are Russia billions of dollars every year overburdening our Government and our My colleagues, when I got up this now. Advisers come before Congress country. Their topic is welfare reform. morning and read today’s Congress and tell us Russia has changed. They To that, Mr. Speaker, today I am in- Daily, I was absolutely amazed be- are now seeking a democratic troducing legislation that will give cause, as of today, the House office participatory government that has Americans a handup instead of a hand- buildings become the House boarding compassion for human rights, and they out. The Welfare to Self-Sufficiency and office buildings. Yes, Members of walk around like Ronald Reagan and Act will end the quagmire that faces Congress can have sleepovers in their they make speeches like Abraham Lin- those now on welfare. No longer will office. Now I do not know if the House coln and ‘‘Give Russia a chance.’’ men and women be trapped by a wel- restaurant is going to be extending Give me strength, Mr. Speaker, give fare system that does not reward work, room service, or whether the IRS is me strength. What are we doing, giving promote the family, or instill personal going to tax us for this, or maybe we Russia all this money, then they are responsibility. It will move people from have to sleep in our cars, because we using American hard-earned tax dollars dependence to independence, from a have been taxed on that. All these to kill Russian people? welfare check to a paycheck, and from questions have not been answered, and I am one Member who says, ‘‘Russia a sense of hopelessness to one of oppor- we do not know if we can bring our may talk. Russian leaders may talk tunity. families, and whether there will be hall like Thomas Jefferson, but they are Mr. Speaker, the President said the monitors for all of that. acting like Josef Stalin.’’ other evening that it is time to end But the Speaker says he feels so very I oppose any more money for Russia, welfare as we know it. Let us break sorry that Members cannot live in especially blood money for Russia, and this cycle and pass welfare reform leg- Washington on $133,000 a year, so he ex- I think Congress should send that mes- islation that will give every American tended this privilege for the first time sage over to these new freedom fight- an opportunity to become self-suffi- in over 200 years of the House’s exist- ers. cient. ence. So here we go. I guess we can have a f f slumber party every night. It certainly AN UNFUNDED MANDATE COULD TRIBUTE TO RICHARD L. is a new House. BANKRUPT AND CLOSE THE ROUDEBUSH, OUR DEPARTED f WATER TREATMENT FACILITY COLLEAGUE IN GRETNA, NE (Mr. MYERS of Indiana asked and CAMPAIGN REFORM (Mr. CHRISTENSEN asked and was was given permission to address the (Mr. GOSS asked and was given per- given permission to address the House House for 1 minute.) mission to address the House for 1 for 1 minute and to revise and extend Mr. MYERS of Indiana. Mr. Speaker, minute and to revise and extend his re- his remarks.) I rise this afternoon with sorrow to an- marks.) Mr. CHRISTENSEN. Mr. Speaker, nounce the passing of a former Member Mr. GOSS. Mr. Speaker, today I am last year the city of Gretna, NE, a of Congress and a good friend of many introducing a bill which would accom- small town in my district in the east- of us, Richard L. Roudebush. plish real campaign reform. It address- ern part of Nebraska, population a cou- Dick was a veteran of World War II. es the true problems with the current ple thousand, was ordered by the EPA In 1953, Mr. Speaker, he was elected the system without costly, artificial, and to spend $12,000 above and beyond their State VFW Commander in the State of probably unconstitutional provisions normal costs of $2,000 for additional Indiana. In 1957 he served as National like spending limits or public financ- testing to determine if there were any Commander in the Veterans of Foreign ing. For example, to address the free synthetic compounds in their drinking Wars. In 1961, he was elected to Con- mailing advantage incumbents enjoy, water. gress where he served for 10 years. my bill would cut the franking allow- Mr. Speaker, the EPA qualifying lim- Mr. Speaker, here he was known af- ance in half and ban all unsolicited its for synthetic compounds were set so fectionately as ‘‘Mayor of the Cloak- mail 60 days before a primary and gen- low that one person would have to room’’ because of his humor, good eral election. Also, in order to get rid consume hundreds of thousands of gal- sense and friendliness. He sat often of the perceived edge that PAC’s have lons of water in order to show any ad- back in the corner here with about four over individual contributors, my bill verse effect. or five other associates and always was would limit PAC campaign contribu- The city of Gretna passed with flying a person who had something nice to tions to $1,000. The President chal- colors, but if, by chance, one well had say about everyone else here. While he lenged Members to stop taking gifts failed the test, the Gretna taxpayers served in the House, he can be remem- from lobbists—my bill would prohibit would have faced over $500,000 in addi- bered as a friend of the veterans. He lobbyist-paid travel for any Member or tional costs. The entire annual operat- also was a farmer himself, so he fought employee of the House of Representa- ing budget for the Gretna water treat- for farmers’ legislation. In the House tives. Congress needs campaign re- ment facility is only $100,000. To man- he was one of the sponsors of legisla- form—but we don’t need to reinvent date unnecessary costs would have tion to establish June 14 as Flag Day, the wheel to achieve it. By applying a H 848 CONGRESSIONAL RECORD — HOUSE January 30, 1995 little common sense, we can do it. I in Haiti; over 600 with Operation Deny Flight threats rage throughout the globe, and those urge my colleagues to look at my bill. in Bosnia; and over 1,500 reservists support- involving our vital interests are of concern ing counter-drug operations along our bor- not only to those who wear American uni- f ders. forms, but to every citizen of the United WHAT EVER HAPPENED TO OUR This past November, two of my col- States. leagues—Chet Edwards and Jim Chapman of GIFT BAN? Our country, historically, has made the Texas—and I visited NATO headquarters in mistake of disarming after every major con- (Mr. WATT of North Carolina asked Brussels, where we were told by Brig. Gen. flict. This fact was decried by an Army and was given permission to address John Dalleger, ‘‘If we didn’t have the Guard major in 1923, when he noted ‘‘The regular the House for 1 minute and to revise and Reserve ‘to spell us’, we couldn’t do our cycle in the doing and undoing of measures and extend his remarks.) mission over the long haul.’’ At the Aviano for the national defense.’’ He added, ‘‘We Air Base in Italy, whose mission is Operation start in the making of adequate provisions Mr. WATT of North Carolina. Mr. Deny Flight, Col. Dick Brenner said, ‘‘We fly Speaker, what ever happened to our and then turn abruptly in the opposite direc- about 600 sorties a month. And Reserve air tion and abolish what has just been done.’’ gift ban? Last year the House voted units are completely integral to our flight Maj. George C. Marshall’s words are as appli- two separate times to stop lobbyists operations. They are darn good pilots, and I cable to today’s military downsizing as they from paying for Members’ meals, enter- am proud to fly with them.’’ In Zagreb, Cro- were 72 years ago. tainment and other ‘‘gimmees,’’ but atia, where the U.S. Navy operates the field We should not allow the post-cold-war era hospital, Col. Jack Fitzgerald of the the Republicans in the other body to be one where we slash our national secu- UNPROFOR forces told us, ‘‘We operate a rity as we have done heretofore in our his- stopped the gift ban in its tracks. On hospital for the United Nations protection tory. We should learn from the past, and the first day of this Congress, Mr. force. Reservists contribute special skills we heed the warning of General Marshall. Speaker, House Democrats moved to need to support the operation. They come impose tough gift restrictions and roy- from everywhere in the United States—Vir- The protection of freedom and American vital interests is no small thing. A ready and alty limits, but the effort failed with ginia, Missouri, Texas—everywhere.’’ And it was an Army Reserve helicopter unit placing able military is our national defense insur- not a single Republican in support. In ance policy. In time of conflict, it allows us the meantime, the image of our Mem- huge boulders along the Missouri River which successfully kept that river from cut- to be successful. It gives strength to our bers continues to be battered by book ting a new channel during the flood of 1993. international diplomacy. In other times, it deals and other appearances of impro- In short, the Reserve forces of our country prevents the clash of arms. Every American priety. live up to the finest traditions of the words, should understand these basic truths regard- If we are looking for respect, let us ‘‘citizen soldiers.’’ ing national security. pass the gift ban. Mr. Speaker, give our Unfortunately, those who wear the uni- In 1935, Winston Churchill warned his image a break. Let us pass a gift ban. form are not always appreciated. Histori- countrymen that, ‘‘wars come very sud- cally, the gratitude of the public does not al- denly.’’ This warning is worth keeping in f ways extend to those whose duty it is to de- mind in 1995. In other words, the ordeal of the 20th century is not over. b 1420 fend them. This is reflected by the words from Rudyard Kipling’s 1890 poem ‘‘Tommy:’’ In 1939, we were surprised by the signing of SPECIAL ORDERS Then it’s Tommy this, an’ Tommy that, and the non-aggression pact between the Soviet Union and Nazi Germany. The consequences The SPEAKER pro tempore (Mr. ‘‘Tommy, ’ow’s yer soul?’’ But it’s ‘‘Thin red line of ’eroes’’ when the were horrific. BOEHNER). Under the Speaker’s an- drums begin to roll— In 1941, we were surprised by the attack of nounced policy of January 4, 1995, and the Empire of Japan on United States naval But appreciation or not, I know full well forces at Pearl Harbor. under a previous order of the House, those who wear the American uniform will the following Members will be recog- always do their duty. In 1946, we were surprised by the Iron Cur- nized for 5 minutes each. Congressmen Edwards and Chapman and I tain and the cold war. The SPEAKER pro tempore. Under a also visited the Flanders Field American In 1950, we were surprised by the attack of previous order of the House, the gen- Cemetery in Waregram, Belgium. The village North Korea against the South. In 1961, we were surprised when the Berlin tleman from Mississippi [Mr. MONT- mayor came out to thank us for the Amer- ican efforts on behalf of his country in two Wall went up. GOMERY] is recognized for 5 minutes. World Wars. We laid a wreath in memory of In 1962, we were surprised when Khru- Mr. MONTGOMERY. Mr. Speaker, our col- those 368 Americans who were killed in shchev put missiles in Cuba. league, IKE SKELTON, is the recipient of the World War I. All of the men buried in that In 1968, we were surprised by the Tet offen- 1995 Minuteman of the Year Award from the cemetery were soldiers of three National sive by the North Vietnamese. Reserve Officers Association. He was honored Guard divisions and one Army Reserve divi- In 1979, we were surprised by the fall of the this past week at the ROA's midwinter meet- sion. Citizen soldiers all. Four were from Shah of Iran. ing in Washington. Missouri, and sadly, the crosses note that In 1980, we were surprised by the attack of Iraq against Iran. I want to share with my colleagues the seven were killed in combat on November 11, 1918, just hours before the armistice. In 1990, we were surprised by the attack speech IKE made in accepting this deserving During the wreath laying ceremony, a and occupation of Kuwait by Iraq. award. member of the cemetery staff read the poem And just last fall, we were surprised by the COMMENTS OF REPRESENTATIVE IKE SKELTON that came out of that war, titled ‘‘In Flan- sudden movement of Iraq forces toward Ku- There are magic, memorable moments ders Fields.’’ In the poem is the phrase ‘‘to wait. within one’s life, and being here with you you from failing hands we throw the torch, Truly, this is an uncertain world. Unpre- this evening is truly one of them. I have nei- be yours to hold it high.’’ The author, pro- dictable, like the patterns we see in the ther the mastery of words nor the eloquence phetically, was killed in battle later in the turning of a child’s kaleidoscope. There are of diction to express my gratitude on receiv- war, and through the poem spoke to succeed- those in this audience who will once again ing this honor. It is a particular thrill to join ing generations of those who value freedom. hear the rattle of musketry, the crash of ar- the ranks of colleagues such as Greg The memory of our visit to that American tillery, the roar of the jet engine, and the Laughlin, Daniel Inouye, Jack Murtha, Sam cemetery in Flanders shall long remain with klaxon call to battle stations. No one seeks Nunn, Sonny Montgomery, Strom Thur- me. this, but until mankind finds a better way to mond, and others who have received this This is a dangerous world in which we live. solve disputes and conflicts, this prediction award. The long twilight struggle, the bitter contest will come to pass. Through the years, I have had many against Communist expansion, has come to The late President Harry Truman, who, co- friends among the Reserves, particularly an end. With the fall of the Berlin Wall, and incidentally had both Army National Guard those from Missouri, such as Capt. Mike the implosion of the Soviet Union, a certain and Reserve careers, had a sign on his desk Nolan. I feel a close kinship to those present. euphoria swept across our land, only to be that stated, ‘‘the buck stops here.’’ The Con- I am indeed proud of the Reserve forces of replaced with the reality of Saddam Hussein stitution states, without any further expla- our country. From the battle at Lexington, and others whose values and designs are not nation, that the President is the Commander MA in 1775 to the Persian Gulf in 1991, where the same as ours. in Chief of our military forces. By contrast, Bronze Star recipient Jim Ahrens from Lex- Few realize that during 1994, this country that document sets forth in detail in article ington, MO served with distinction, reserv- came close to armed conflict three times—in one, section eight the duties of the Congress, ists have been prepared and ready to heed North Korea, Haiti, and Kuwait. The first as representatives of the American people, to our country’s call to arms. two were diffused by the diplomacy of former raise and maintain the military, and set the As we speak, there are over 13,000 Amer- President Jimmy Carter, and one was regulations that govern it. ican reservists serving in 34 countries, in- blocked by American forces being rushed to Thus, the same could be said of Congress cluding 800 in Operation Uphold Democracy the Middle East once again. Conflicts and regarding our national security duties, ‘‘the January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 849 buck stops here.’’ It is the job of the Con- tleman from Michigan [Mr. EHLERS] is that primary jurisdiction over the annual gress to make sure that the Nation’s insur- recognized for 5 minutes. authorization for the Maritime Administra- ance policy is paid in full and that we have tion would be in the Committee on National an adequate, fully trained properly educated, [Mr. EHLERS addressed the House. Security. Primary jurisdiction over the an- well-equipped, and highly motivated mili- His remarks will appear hereafter in nual authorization for the Federal Maritime tary. the Extensions of Remarks.]. Commission would be in the Committee on This Congress should heed the necessity to f Transportation and Infrastructure. fully fund the Bottom-Up Review, which is The SPEAKER pro tempore. Under a Shipbuilding is a subject that has a par- designed to successfully fight two major re- ticularly strong connection with national se- gional conflicts nearly simultaneously; to previous order of the House, the gen- curity because of the implications for our de- maintain a high level of readiness; to give tleman from California [Mr. DORNAN] is fense industrial base. We agree that the Na- adequate pay raises to uniformed personnel; recognized for 5 minutes. tional Shipbuilding Initiative, including the to allow our forces to have the quality of life [Mr. DORNAN addressed the House. loan guarantee program under Title XI, they so well deserve; and to have continued would be within the primary jurisdiction of modernization of equipment and weapons His remarks will appear hereafter in the Extensions of Remarks.] the Committee on National Security. In ad- systems. dition, the Congress likely will be requested I say to you, Members of this distinguished f to approve legislation to implement an organization: Your visits to Capitol Hill, and international agreement to eliminate ship- communications with Members of Congress, MEMORANDUM OF building subsidies worldwide. While this is are extremely important. Never underesti- UNDERSTANDING generally a laudable goal, the contents of mate the impact of your presence as Con- The SPEAKER pro tempore. Under a this agreement must be examined in the con- gress debates our national defense policy. previous order of the House, the gen- text of its long-term effect on the shipbuild- When the history of this new post-cold-war ing industrial base. Of particular concern is tleman from Pennsylvania [Mr. SHU- era is written, I hope the history books will the question of whether U.S.-based shipyards say that the Americans in uniform stood tall STER] is recognized for 5 minutes. are disadvantaged by this agreement to the and had the strong support of the Congress of Mr. SHUSTER. Mr. Speaker, I submit point that a transition from naval construc- the United States. for Members attention the following tion to commercial construction is impos- Let me share with you a magic, memorable letter from myself and the chairman of sible. We agree that, as between the Commit- moment from yesteryear. I remember it so the Committee on National Security, tees on National Security and Transpor- clearly. I was 9 years of age, attending the Mr. SPENCE, regarding jurisdiction. tation and Infrastructure, primary jurisdic- fifth grade at Central School in Lexington. tion over implementing legislation for this CONGRESS OF THE UNITED STATES, My father, a veteran of the First World War, agreement should reside with the Committee HOUSE OF REPRESENTATIVES, trial lawyer, and well-known orator in La- on National Security. Washington, DC, January 4, 1995 fayette County, was invited to speak at the Jurisdiction over the State and Federal Hon. NEWT GINGRICH, Armistice Day ceremonies at the Odessa Maritime Training Academies is granted in Speaker, House of Representatives, Washington, High School, just a few miles from Lexing- the rule specifically to the Committee on DC. ton. That was November 11, 1941. He took me National Security. With respect to the provi- DEAR MR. SPEAKER: As Chairmen of the from my class and we drove to the Odessa sion in Rule X, clause 1(k)(9) concerning Committee on Transportation and Infra- High School, where I sat in the back of the merchant marine officers and seamen, it is structure and the Committee on National student body, listening and watching the Ar- understood that measures whose predomi- Security, we wanted to advise you of our mu- mistice Day program. On the stage, students nant purpose is the maintenance of a well tual agreement concerning the division of ju- portraying soldiers were dressed in World trained merchant mariner manpower pool risdiction over the merchant marine due to War uniforms, and the beating of a bass capable of meeting sustainment and surge the dissolution of the Committee on Mer- drum simulated artillery fire. sealift requirements will be within the juris- chant Marine and Fisheries. Rule X, clause Then my father gave his speech. He told of diction of the Committee on National Secu- 1(k) of the Rules of the House for the 104th the freedoms of America, and how those in rity. Shortages of qualified U.S. mariners to Congress provides jurisdiction to the Com- uniform had defended our country through serve during the mobilization for Desert mittee on National Security over: the years. He also stated that there were Storm highlighted the need to consider these ‘‘(7) National security aspects of merchant those in that audience who might well have problems from a national security stand- marine, including financial assistance for to defend our freedoms once again. How pro- point. the construction and operation of vessels, phetic he was, for less than a month later, Jurisdiction over the Coast Guard is pro- the maintenance of the U.S. shipbuilding and the Japanese attacked Pearl Harbor, and our vided to the Committee on Transportation ship repair industrial base, cabotage, cargo Nation was engulfed in what became known and Infrastructure by Rule X, clause 1(q)(1). preference, and merchant marine officers as World War II. Two young men from that This confers upon the Transportation and In- and seamen as these matters relate to the Odessa graduating class of May, 1942 were frastructure Committee authority over all national security.’’ killed in action. matters handled by the Coast Guard that The new Rule X, clause 1(q) provides the My father concluded his speech to the stu- were previously within the jurisdiction of Committee on Transportation and Infra- dent body by reciting— the Merchant Marine and Fisheries Commit- structure with jurisdiction over: ‘‘In Flanders Fields the poppies blow tee. ‘‘(12) Measures relating to merchant ma- Between the crosses, row on row, This letter may not address all merchant rine, except for national security aspects of That mark our place; and in the sky marine issues that will come before you. We merchant marine.’’ The larks, still bravely singing, fly will continue to work with you toward reso- This split in jurisdiction in what was pre- Scarce heard amid the guns below. lution of other issues as they arise. viously entirely within the Committee on Finally, it is understood that this agree- ‘‘We are the dead. Short days ago Merchant Marine and Fisheries is based on ment does not in any way alter or limit the We lived, felt dawn, saw sunset glow, the fact that, while various aspects of the jurisdiction of the Committee on Transpor- Loved and were loved, and now we lie, merchant marine and related activities are tation and Infrastructure or of the Commit- In Flanders Fields. transportation matters that are handled in tee on National Security over matters dis- ‘‘Take up our quarrel with the foe: the executive branch by the Department of cussed herein which were properly within the To you from failing hands we throw Transportation, certain aspects are so close- respective Committees’ jurisdiction prior to The torch; be yours to hold it high. ly tied to national security that primary ju- the dissolution of the Committee on Mer- If ye break faith with us who die risdiction should be within the Committee chant Marine and Fisheries. We shall not sleep, though poppies grow on National Security. For example, the Sincerely, In Flanders Fields.’’ maintenance and control of the National De- FLOYD D. SPENCE, fense Reserve Fleet and the Ready Reserve Let those inscriptions on the crosses of Chairman, Committee Fleet would be within the jurisdiction of the Flanders Field be more than forgotten on National Secu- Committee on National Security. names. Let those men be remembered for rity. However, it may not be clear in all cases to their patriotism, courage, and dedication. BUD SHUSTER, which of the two Committees a particular Let those citizen soldiers who lie there ever Chairman, Committee bill should be referred. In general, matters cause us to remember that we, in our day on Transportation relating to merchant marine activities will and time, have the duty to hold high the and Infrastructure. touch of freedom in this dangerous and un- be referred to the National Security Com- stable world. mittee if the national security aspects of the f Thank you, and God bless you. matter predominate over transportation and other merchant marine aspects. The SPEAKER pro tempore. Under a f While present programs of the Maritime previous order of the House, the gen- The SPEAKER pro tempore. Under a Administration have both national security tleman from Ohio [Mr. CHABOT] is rec- previous order of the House, the gen- and transportation implications, we agree ognized for 5 minutes. H 850 CONGRESSIONAL RECORD — HOUSE January 30, 1995 [Mr. CHABOT addressed the House. those who were involved in political tion maintain its independence, not His remarks will appear hereafter in action committees and then, beginning only for its credibility within its own the Extensions of Remarks.] a year later, with the creation of industry but for its credibility in help- f GOPAC, the GOP Action Committee, ing American industry. Let me give there has been a refusal of that same two specific examples of what I am GOPAC AND ITS ROLE IN THE Speaker to make this information talking about. CAMPAIGN TO END THE FOOD known to the public. Most Americans can recall that not AND DRUG ADMINISTRATION Those who are listening might ask a too long ago we had a scare when peo- The SPEAKER pro tempore. Under very basic question. So what? What dif- ple discovered hypodermic syringes in the Speaker’s announced policy of Jan- ference does it make? Why should the the cans of Diet Pepsi. That was a lit- uary 4, 1995, the gentleman from Illi- Speaker have to disclose the names of tle over a year ago. As a result of that nois [Mr. DURBIN] is recognized for 60 his contributors to this $7 million po- scare, a couple of these syringes popped minutes as the designee of the minor- litical action committee and the ex- up across the United States and people ity leader. penses and disbursements that were were genuinely concerned about this made by that political action commit- Mr. DURBIN. Mr. Speaker, I thank product and its safety. As a result of tee? the Chair for recognizing me for 1 hour that scare, Pepsi Cola stock plum- I think it gets back to a point the under the special order of business of meted in value because of the concern the House of Representatives. Speaker made in his book. This is a as to whether this scare might have Mr. Speaker, in 1984 our Speaker pub- way to make sure that there is ac- some impact on their sales. In step, the lished a book entitled ‘‘Window of Op- countability and, in his words, ‘‘in the Food and Drug Administration con- portunity.’’ I would like to quote from best tradition of participatory democ- ducted a quick and thorough investiga- Speaker GINGRICH’s book in reference racy.’’ tion, reported to the American people to political action committees, as fol- Those who have been following the lows: news lately know that the Speaker has that it was a hoax that was being copycatted by others around the coun- As a citizen you need to keep track of your not been unsparing in his criticism of elected officials’ promises and their actual the Food and Drug Administration. I try, and within a very short period of behavior. I strongly favor PAC’s because have some familiarity with this agen- time this scare was gone. Pepsi Cola they tie candidates’ promises to their per- cy. It is one which is funded by the sub- stock started to rebound. People were formances by keeping records more effec- committee of the Committee on Appro- buying the product without concern for tively than do individuals. By linking their priations which I chaired over the last its safety. Why? Because of the credi- contributions to performance in areas of in- 2 years. By Federal standards it is a bility of this independent Federal terest to the contributors, the PAC system pretty small agency. We appropriate agency, an agency which is not be- encourages more people to be involved be- cause it makes their contributions and their about $1 billion a year to the Food and holden to anyone in industry but is endorsement more effective. Drug Administration and give them an only beholden to taxpayers and con- awesome responsibility. We say to this sumers. Let me quote again from Speaker small agency, ‘‘Make sure as best as Let me give a second example. In my GINGRICH’s book of 1984: ‘‘This pro- humanly possible that every drug, part of the world, in the Midwestern liferation of open publicly registered every medical device, and many of the United States, there is a distributor of and publicly monitored support is in foods that come into the households of the best tradition of participatory de- frozen-food products known as Schwan American families are not only safe to Foods. This is an unusual operation to mocracy.’’ be used but in fact can be used for their That observation is especially timely most other parts of the country be- stated purpose effectively.’’ cause they usually drive refrigerated in light of two publications this week- That is a big task, and when you con- end. On Sunday, in the Denver Post, trucks around the Midwest and sell fro- sider the giants of American industry zen foods door to door to their loyal there was a question raised about the that watch closely over this small Speaker’s personal PAC, GOPAC, and subscribers. They sell everything from agency, it is no wonder that from time ice cream to frozen meats and all sorts links with the cable television indus- to time they come under criticism. In try. of other frozen foods for homemakers fact, in years gone by much of that in my part of the world. Today in the Los Angeles Times is criticism has been warranted. The another article raising a question A few months ago there was a scare agency fell behind in drug approvals, in over some of the ice cream which they about the same PAC, GOPAC, which is medical-device approvals, and in other Speaker GINGRICH’s PAC, and why they sold which appeared contaminated. It areas of responsibility. I am happy to hit all the newspapers. There was a have refused, those who are running report, though, that over the last sev- genuine fear that Schwan’s as a com- the PAC and the Speaker, to make a eral years, under the leadership of Dr. pany would not be able to survive be- full disclosure of all the contributors Kessler, who is the only holdover from cause of this disclosure. In came the to the PAC. Some of the contributors the Bush administration serving under Food and Drug Administration. They to the $7 million political action com- President Clinton as the head of the conducted an investigation of their op- mittee have been disclosed. For exam- Food and Drug Administration as well, ple, one Wisconsin couple, Terry and remarkable progress has been made in eration. They found what they consid- Mary Kohler, of Sheboygan, WI, have the Food and Drug Administration. In ered to be the cause of the problem and been disclosed as having contributed fact, they have come up with a much suggested to the Schwan food company $715,000 to Speaker GINGRICH’s political more expedited schedule for the ap- what they could do to ameliorate the action committee between 1985 and proval of drugs and medical devices, situation and to allay any fears of con- 1993. That is nearly twice the amount something which every American and sumers. Their trucks are still on the that they could have legally donated every American family wants to see. road today. Schwan’s is still doing directly to all Federal candidates. But despite this, some of the critics business. It appears now the Food and This $7 million political action com- of the Food and Drug Administration Drug Administration has come in and mittee which the Speaker has not dis- are running advertisements now sug- added credibility to the situation and closed in detail also includes execu- gesting that we should turn out the helped this company get back on its tives and lobbyists for seven companies lights and close the door on the Food feet. regulated by the Food and Drug Ad- and Drug Administration. They have Despite these examples, we still have ministration. These executives, the suggested that it has too much power. people calling for an end to the Food seven that are named in the Los Ange- In the words of one of their critics, and Drug Administration. Some of les Times article, are among, in their they have been characterized as them will be companies, which, quite words, ‘‘GOPAC’s heavy hitters.’’ ‘‘thugs.’’ frankly, do not like to see this type of So, Mr. Speaker, we have an unusual Stepping aside from this type of lurid Government regulation, a regulation situation here where the Speaker of rhetoric and looking at the fact, I which requires that their advertising of the House in 1984 had called for public think that it is critically important their products be truthful, that what monitoring and public registration of that the Food and Drug Administra- they say the products will do they can January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 851 actually do, that they do not overstate the Republican leadership in the House UNFUNDED MANDATE REFORM their case, and that in fact doctors can of Representatives. Let me say at the ACT OF 1995 prescribe a drug knowing that it is outset, and probably to the surprise of The SPEAKER pro tempore. Pursu- safe. the Speaker and others, that I salute ant to House Resolution 38 and rule The Speaker has led the criticism, the Republicans for many of the XXIII, the Chair declares the House in along with some very conservative changes they have made in this Insti- the Committee of the Whole House on groups, of the Food and Drug Adminis- tution. On the opening day of the ses- the State of the Union for the further tration and suggested at one point that sion I voted for most of them, and I feel consideration of the bill, H.R. 5. we should even privatize the Food and they were steps in the right direction, Drug Administration. I think this is a ending proxy voting, making commit- b 1705 valid policy debate which should take tee hearings open to the public, some- IN THE COMMITTEE OF THE WHOLE place. I for one oppose the idea of pri- thing I had done in my own sub- Accordingly, the House resolved it- vatization of the Food and Drug Ad- committee for the last 2 years. I think self into the Committee of the Whole ministration. I think as an independent that instills new confidence in what we House on the State of the Union for the Government agency they are doing a are about here. further consideration of the bill (H.R. good job. They can certainly improve This House of Representatives, this 5) to curb the practice of imposing un- on it. All of us can improve on our per- Institution, needs to have more ap- funded Federal mandates on States and formance. But I would hate to see an proval from the voters across America. agency as important as the Food and local governments, to ensure that the Certainly openness in disclosure is a Federal Government pays the costs in- Drug Administration go by the way- good step in that process. I think the side. curred by those governments in com- same is true for political action com- The relevance of the FDA issue to plying with certain requirements under mittees. I think the same is certainly the GOPAC issue is brought in clear Federal statutes and regulations, and true for the Speaker’s GOP action com- focus by this Los Angeles Times piece. to provide information on the cost of mittee, GOPAC. Full disclosure will Why would the executives or lobbyists Federal mandates on the private sec- help to restore confidence not only in for seven companies regulated by FDA tor, and for other purposes, with Mr. be major donors to the Speaker’s polit- the Speaker’s activities, but in this in- EMERSON in the chair. ical action committee and then the stitution. What the Los Angeles Times The Clerk read the title of the bill. Speaker take the position that the said in its article today, what the Den- The CHAIRMAN. When the Commit- Food and Drug Administration should ver Post raised in its article yesterday, tee of the Whole rose on Friday, Janu- be disbanded? certainly leave a lot of people ques- ary 27, 1995, the amendment offered by tioning what the agenda is from the the gentleman from Pennsylvania [Mr. b 1430 Republican side and how it has been in- MASCARA] had been disposed of, and This is a legitimate inquiry. It could fluenced. section 4 was open for amendment at be the Speaker has good reason, and he We have a long way to go. I think any point. can make that case known to the disclosure as the Speaker called for in Mr. CLINGER. Mr. Chairman, I move American people in detail. But at least his 1984 book is a step in the right di- to strike the last word. now there is a suggestion that there rection. Mr. Chairman, we are about to start may be a link between this political our fifth day of dealing with H.R. 5, the action committee and the political po- f unfunded mandates legislation. By my sition taken by the Speaker. The SPEAKER pro tempore (Mr. calculations we have spent, thus far, I started in politics working for a fel- BOEHNER). Under the Speaker’s an- about 15 hours, almost 16 hours, on low by the name of Paul Douglas, who nounced policy of January 4, 1995, the amendments, 16 amendments to H.R. 5, was a Senator from Illinois who served gentleman from New York [Mr. OWENS] and we are still on section 4. So we are between 1948 and 1966. He was my men- is recognized for 60 minutes as the des- averaging almost 60 minutes per tor and inspiration when it came to the ignee of the minority leader. amendment. Many of these are duplica- question of ethics. I may serve in this [Mr. OWENS addressed the House. tive or very similar in nature. body the remainder of this term and His remarks will appear hereafter in Mr. Chairman, I am totally support- maybe longer. I will certainly never the Extensions of Remarks.] ive of the open rule process which we reach his level of ethical standards. He have been operating under, but I think set one that very few people will ever f at this hour, at this point in time, if we be able to reach. But he was very, very continue with the 130 or so amend- mindful of the need to make full disclo- RECESS ments that are still pending, we are sure. The SPEAKER pro tempore. Pursu- talking about maybe 150 hours of delib- He used to say, ‘‘Sunshine is the best ant to clause 12 of rule I, the Chair de- eration to complete debate on all these antiseptic. Put it all on the table.’’ My clares the House in recess until 5 p.m. amendments. friend, Senator PAUL SIMON from Illi- today. I think that most Members on both nois and I took him to heart. We make Accordingly (at 2 o’clock and 33 min- sides of the aisle are eager to get to public disclosure each year far beyond utes p.m.) the House stood in recess consider some of the other issues that the requirements of the Federal law. It until 5 p.m. are in debate, or in controversy, on does not guarantee that a public serv- this legislation other than the exemp- ant will be honest, but at least it shows f tion issue. So at this point, Mr. Chair- we are prepared to open our books. man, I ask unanimous consent that de- I think that is the best thing now for b 1704 bate on each amendment, and all the Speaker to consider when it comes amendments thereto, to section 4 and to GOPAC. Open the books. Let us see AFTER RECESS to titles I, II, and III be limited to 2 what is in there. Let us get it behind The recess having expired, the House hours per title. us. Let us make full disclosure, so any was called to order by the Speaker pro The CHAIRMAN. Is there objection future debate over the Food and Drug tempore (Mr. EHLERS) at 5 o’clock and to the request of the gentleman from Administration or any other agency is 4 minutes p.m. Pennsylvania? not tainted by the question of whether Mrs. COLLINS of Illinois. Reserving contributions to the $7 million politi- f the right to object, Mr. Chairman, first cal action committee had anything to of all we are told we are going to have do with the Republican agenda. MESSAGES FROM THE PRESIDENT an open rule, and we are trying to get This is part of what I consider open- Messages in writing from the Presi- through the amendments that we have ness in Government. We have heard a dent of the United States were commu- here. I think we have done so rather lot said over the last 3 weeks about a nicated to the House by Mr. Edwin expeditiously, if my colleagues will new standard of openness coming from Thomas, one of his secretaries. agree. H 852 CONGRESSIONAL RECORD — HOUSE January 30, 1995 Mr. Chairman, I certainly appreciate vote by electronic device, if ordered, Minge Regula Stupak Mink Reynolds Talent the fact that the other side of the aisle will be taken on the pending question Moakley Richardson Tanner has been more than cordial and has not following the quorum call. Members Molinari Rivers Tate tried to throw up any roadblocks to will record their presence by electronic Montgomery Roberts Tauzin that, and I hope they will not try to do device. Moorhead Roemer Taylor (MS) Moran Rohrabacher Tejeda that sort of thing right now. The following Members responded to Morella Ros-Lehtinen Thomas I object, Mr. Chairman. their names: Murtha Rose Thompson The CHAIRMAN. Objection is heard. Myers Roth Thornberry [Roll No. 56] Mr. CLINGER. At this point, Mr. Myrick Roukema Thornton Abercrombie DeLay Hoke Nadler Roybal-Allard Thurman Chairman, I would then ask unanimous Ackerman Dellums Holden Nethercutt Royce Tiahrt consent that debate on amendments to Allard Deutsch Horn Neumann Sabo Torkildsen section 4, and this is the exemption Andrews Diaz-Balart Hostettler Ney Salmon Torricelli section, be limited to 20 minutes, with Archer Dickey Houghton Norwood Sanford Towns Armey Dicks Hoyer Nussle Sawyer Traficant the time to be equally divided on each Bachus Dingell Hunter Oberstar Saxton Upton amendment. Baesler Dixon Hutchinson Obey Scarborough Velazquez The CHAIRMAN. Is there objection Baker (CA) Doggett Hyde Olver Schaefer Vento to the request of the gentleman from Baker (LA) Doolittle Inglis Ortiz Schiff Visclosky Baldacci Dornan Istook Orton Schroeder Volkmer Pennsylvania? Ballenger Doyle Jackson-Lee Owens Schumer Vucanovich Mrs. COLLINS of Illinois. Reserving Barcia Dreier Jacobs Oxley Scott Waldholtz the right to object, Mr. Chairman, it Barr Duncan Johnson (CT) Packard Sensenbrenner Walker Barrett (NE) Dunn Johnson (SD) Pallone Serrano Walsh seems to me that we are being offered Barrett (WI) Durbin Johnson, E. B. Parker Shadegg Wamp a gag rule. Bartlett Edwards Johnson, Sam Pastor Shaw Ward All we are asking for is a chance to Barton Ehlers Johnston Paxon Shays Watt (NC) explain our amendments and talk Bateman Ehrlich Jones Payne (VA) Shuster Watts (OK) Becerra Emerson Kanjorski Pelosi Sisisky Waxman about them in depth. We did not have Beilenson Engel Kaptur Peterson (FL) Skaggs Weldon (FL) the opportunity when we were in com- Bentsen English Kasich Peterson (MN) Skeen Weller mittee, and I think now is the only Bereuter Ensign Kelly Petri Skelton White time. As a matter of fact, when we Berman Eshoo Kennedy (MA) Pickett Slaughter Whitfield Bevill Evans Kennedy (RI) Pombo Smith (MI) Wicker tried to offer our amendments in com- Bilbray Everett Kennelly Pomeroy Smith (NJ) Wilson mittee, we were told to bring them to Bilirakis Ewing Kildee Porter Smith (TX) Wise the floor. Now, that is what we are Bishop Farr Kim Portman Smith (WA) Wolf Bliley Fattah King Poshard Solomon Wyden doing. Blute Fawell Kingston Pryce Souder Wynn What do they want us to do; not Boehlert Fazio Kleczka Quillen Spence Yates bring them to the floor? Boehner Fields (LA) Klink Quinn Spratt Young (AK) I object, Mr. Chairman. Bonilla Fields (TX) Klug Radanovich Stearns Young (FL) Bonior Filner Knollenberg Rahall Stenholm Zeliff Mr. CLINGER. Mr. Chairman, if the Bono Flake Kolbe Ramstad Stokes Zimmer gentlewoman will yield, I am not say- Borski Flanagan LaFalce Rangel Studds ing that the amendments could not be Brewster Foglietta LaHood Reed Stump brought to the floor and debated. I am Browder Foley Lantos Brown (FL) Forbes Largent b 1728 just trying to get some, perhaps, limi- Brown (OH) Ford Latham tation on debate time. Brownback Fowler LaTourette The CHAIRMAN (Mr. EMERSON). Four Mr. Chairman, in view of the fact Bryant (TN) Fox Laughlin hundred and six Members have an- Bryant (TX) Franks (CT) Lazio swered to their names, a quorum is that neither of my unanimous-consent Bunn Franks (NJ) Leach requests was agreed to, I now move Bunning Frelinghuysen Levin present, and the Committee will re- that debate on each amendment to sec- Burr Frisa Lewis (CA) sume its business. Burton Frost Lewis (GA) tion 4, and any amendment thereto, be RECORDED VOTE Buyer Funderburk Lewis (KY) limited to 10 minutes. Callahan Furse Lightfoot The CHAIRMAN. The pending busi- The CHAIRMAN. The gentleman Calvert Gallegly Lincoln ness is the demand of the gentleman Camp Ganske Linder from Pennsylvania [Mr. CLINGER] from Pennsylvania [Mr. CLINGER] for a moves that on all amendments to sec- Canady Gejdenson Lipinski Cardin Gekas Livingston recorded vote. tion 4, all debate thereto be limited to Castle Gephardt LoBiondo The question before the Committee is 10 minutes on either side. Chabot Geren Lofgren the demand of the gentleman from Chambliss Gibbons Longley b 1710 Chenoweth Gilchrest Lowey Pennsylvania [Mr. CLINGER] to limit Christensen Gillmor Lucas debate on all amendments to section 4 PARLIAMENTARY INQUIRY Chrysler Gilman Luther to 10 minutes, and all amendments Mr. DINGELL. Mr. Chairman, I have Clay Gonzalez Maloney thereto within that time limitation. a parliamentary inquiry. Clayton Goodlatte Manton The CHAIRMAN. The gentleman will Clement Goodling Manzullo PARLIAMENTARY INQUIRY Clinger Gordon Markey state it. Clyburn Goss Martinez Mrs. COLLINS of Illinois. I have a Mr. DINGELL. Mr. Chairman, is this Coble Graham Martini parliamentary inquiry, Mr. Chairman. motion subject to debate? Coburn Green Mascara The CHAIRMAN. The gentlewoman The CHAIRMAN. No, it is not. Coleman Greenwood Matsui will state her parliamentary inquiry. Collins (GA) Gunderson McCarthy The question is on the motion offered Collins (IL) Gutierrez McCollum Mrs. COLLINS of Illinois. Mr. Chair- by the gentleman from Pennsylvania Collins (MI) Gutknecht McCrery man, it was my understanding that the [Mr. CLINGER]. Combest Hall (OH) McDade motion was to limit debate on each Conyers Hall (TX) McDermott The question was taken; and the Cooley Hamilton McHale amendment to section 4 to 5 minutes Chairman announced that the noes ap- Costello Hancock McHugh on each side. peared to have it. Cox Hansen McInnis The CHAIRMAN. And all amend- Mr. CLINGER. Mr. Speaker, I de- Coyne Harman McIntosh ments thereto. Cramer Hastings (FL) McKeon mand a recorded vote, and pending Crane Hastings (WA) McKinney Mrs. COLLINS of Illinois. Is that cor- that, I make the point of order that a Crapo Hayes McNulty rect, Mr. Chairman, all amendments quorum is not present. Cremeans Hayworth Meehan thereto in section 4 only, only in sec- Cubin Hefley Meek Mr. CHAIRMAN. Evidently a quorum Cunningham Heineman Menendez tion 4? is not present. Danner Herger Metcalf The CHAIRMAN. Yes. Pursuant to the provisions of clause Davis Hilleary Meyers Mrs. COLLINS of Illinois. I thank the 2, rule XXIII, the Chair announced that de la Garza Hilliard Mfume Chair. Deal Hinchey Mica he will reduce to a minimum of 5 min- DeFazio Hobson Miller (FL) The CHAIRMAN. This is a 5-minute utes the period of time within which a DeLauro Hoekstra Mineta vote. January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 853 The vote was taken by electronic de- Dingell Kennelly Poshard Ballenger Gilchrest Ney Dixon Kildee Rangel Barr Gillmor Norwood vice, and there were—ayes 233, noes 181, Doggett Kleczka Reed Barrett (NE) Gilman Nussle not voting 20, as follows: Dooley Klink Reynolds Bartlett Goodlatte Oxley [Roll No. 57] Doyle LaFalce Richardson Barton Goodling Packard Durbin Lantos Rivers Bateman Goss Parker AYES—233 Edwards Laughlin Roemer Bereuter Graham Paxon Allard Funderburk Myrick Engel Levin Rose Bilbray Greenwood Petri Archer Gallegly Nethercutt Ensign Lewis (GA) Roybal-Allard Bilirakis Gunderson Pombo Armey Ganske Neumann Eshoo Lincoln Sabo Bliley Gutknecht Porter Bachus Gekas Ney Evans Lipinski Sawyer Blute Hall (OH) Portman Baker (CA) Gilchrest Norwood Farr Lofgren Schroeder Boehlert Hall (TX) Pryce Baker (LA) Gillmor Nussle Fattah Lowey Schumer Boehner Hancock Quillen Ballenger Gilman Ortiz Fazio Luther Scott Bonilla Hansen Quinn Barr Goodlatte Oxley Fields (LA) Maloney Serrano Bono Hastings (WA) Radanovich Barrett (NE) Goodling Packard Filner Manton Skaggs Boucher Hayes Rahall Bartlett Goss Parker Flake Markey Skelton Brownback Hayworth Ramstad Barton Graham Paxon Foglietta Martinez Slaughter Bryant (TN) Hefley Regula Bateman Greenwood Petri Ford Mascara Spratt Bunn Heineman Riggs Bereuter Gunderson Pombo Frank (MA) Matsui Stenholm Bunning Herger Rogers Bilbray Gutknecht Porter Frost McCarthy Stokes Burr Hilleary Rohrabacher Bilirakis Hall (TX) Portman Furse McDermott Studds Burton Hobson Ros-Lehtinen Bliley Hancock Pryce Gejdenson McHale Stupak Buyer Hoekstra Roth Blute Hansen Quillen Gephardt McKinney Tanner Callahan Hoke Roukema Boehlert Hastings (WA) Quinn Geren Meehan Tauzin Calvert Horn Royce Boehner Hayworth Radanovich Gibbons Meek Taylor (MS) Camp Hostettler Salmon Bonilla Hefley Rahall Gonzalez Menendez Tejeda Canady Houghton Sanford Bono Heineman Ramstad Gordon Mfume Thompson Castle Hutchinson Saxton Brownback Herger Regula Green Mineta Thornton Chabot Hyde Scarborough Bryant (TN) Hilleary Roberts Gutierrez Minge Thurman Chambliss Inglis Schaefer Schiff Bunn Hobson Rohrabacher Hall (OH) Mink Torres Chenoweth Istook Hamilton Moakley Torricelli Seastrand Bunning Hoekstra Ros-Lehtinen Christensen Jacobs Harman Moran Towns Sensenbrenner Burr Hoke Roth Chrysler Johnson (CT) Hastings (FL) Murtha Traficant Shadegg Burton Horn Roukema Clinger Johnson, Sam Hayes Nadler Velazquez Shaw Buyer Hostettler Royce Coble Jones Hilliard Oberstar Vento Shays Callahan Houghton Salmon Coburn Kasich Hinchey Obey Visclosky Shuster Calvert Hunter Sanford Collins (GA) Kelly Holden Olver Volkmer Skeen Camp Hutchinson Saxton Combest Kim Hoyer Orton Ward Skelton Canady Hyde Scarborough Cooley King Jackson-Lee Owens Watt (NC) Smith (MI) Castle Inglis Schaefer Cox Kingston Jacobs Pallone Waxman Smith (NJ) Chabot Istook Schiff Crane Klug Chambliss Johnson (CT) Seastrand Johnson (SD) Pastor Wilson Smith (TX) Johnson, E. B. Payne (VA) Wise Crapo Knollenberg Smith (WA) Chenoweth Johnson, Sam Sensenbrenner Cremeans Kolbe Christensen Jones Shadegg Johnston Pelosi Wyden Solomon Kanjorski Peterson (FL) Wynn Cubin LaHood Souder Chrysler Kasich Shaw Cunningham Largent Clinger Kelly Shays Kaptur Peterson (MN) Yates Spence Davis Latham Coble Kim Shuster Kennedy (MA) Pickett Spratt Deal LaTourette Coburn King Sisisky Kennedy (RI) Pomeroy Stearns DeLay Lazio Collins (GA) Kingston Skeen Stockman Diaz-Balart Leach Combest Klug Smith (MI) NOT VOTING—20 Stump Dickey Lewis (CA) Cooley Knollenberg Smith (NJ) Bass Miller (CA) Sanders Talent Doolittle Lewis (KY) Cox Kolbe Smith (TX) Boucher Mollohan Stark Tate Dornan Lightfoot Crane LaHood Smith (WA) Brown (CA) Neal Waters Tauzin Dreier Linder Crapo Largent Solomon Condit Payne (NJ) Weldon (PA) Taylor (MS) Duncan Livingston Cremeans Latham Souder Hastert Riggs Williams Taylor (NC) Dunn LoBiondo Cubin LaTourette Spence Hefner Rogers Woolsey Thomas Ehlers Longley Cunningham Lazio Stearns Jefferson Rush Thornberry Ehrlich Lucas Davis Leach Stockman Tiahrt Emerson Manzullo de la Garza Lewis (CA) Stump b 1737 Torkildsen English Martini Deal Lewis (KY) Talent Tucker Ensign McCollum DeLay Lightfoot Tate So the motion was agreed to. Upton Everett McCrery Diaz-Balart Linder Taylor (NC) The result of the vote was announced Vucanovich Ewing McDade Dickey Livingston Thomas Waldholtz as above recorded. Fawell McHugh Doolittle LoBiondo Thornberry Walker Fields (TX) McInnis Dornan Longley Tiahrt PERSONAL EXPLANATION Walsh Flanagan McIntosh Dreier Lucas Torkildsen Wamp Ms. WOOLSEY. Mr. Chairman, due to Foley McKeon Duncan Manzullo Tucker Watts (OK) a delay in my flight from California, I Forbes Metcalf Dunn Martini Upton Weldon (FL) Fowler Meyers Ehlers McCollum Vucanovich missed the quorum call and the motion Weller Fox Mica Ehrlich McCrery Waldholtz to limit debate on the Unfunded Man- White Franks (CT) Miller (FL) Emerson McDade Walker Whitfield date Reform Act of 1995. Had this flight Franks (NJ) Molinari English McHugh Walsh Wicker Frelinghuysen Moorhead Everett McInnis Wamp delay not prevented me from being Wolf Frisa Morella Ewing McIntosh Watts (OK) here, I would have voted ‘‘no’’ on the Young (AK) Funderburk Myers Fawell McKeon Weldon (FL) Young (FL) motion to limit debate. Gallegly Myrick Fields (TX) McNulty Weller Zeliff Mr. CLINGER. Mr. Chairman, I move Ganske Nethercutt Flanagan Metcalf White Zimmer Gekas Neumann Foley Meyers Whitfield that the Committee do now rise. Forbes Mica Wicker The CHAIRMAN. The question is on Fowler Miller (FL) Wolf the motion offered by the gentleman NOES—181 Fox Molinari Young (AK) from Pennsylvania [Mr. CLINGER]. Abercrombie Cardin Dicks Franks (CT) Montgomery Young (FL) Ackerman Chapman Dingell Franks (NJ) Moorhead Zeliff The question was taken; and the Andrews Clay Dixon Frelinghuysen Morella Zimmer Chairman announced that the ayes ap- Baesler Clayton Doggett Frisa Myers peared to have it. Baldacci Clement Dooley Barcia Clyburn Doyle NOES—181 RECORDED VOTE Barrett (WI) Coleman Durbin Abercrombie Bonior Coleman Mr. BONIOR. Mr. Chairman, I de- Becerra Collins (IL) Edwards Ackerman Borski Collins (IL) mand a recorded vote. Beilenson Collins (MI) Engel Andrews Brewster Collins (MI) Bentsen Condit Eshoo Baesler Browder Conyers A recorded vote was ordered. Berman Conyers Evans Baldacci Brown (FL) Costello The vote was taken by electronic de- Bevill Costello Farr Barcia Brown (OH) Coyne vice, and there were—ayes 237, noes 181, Bishop Coyne Fattah Barrett (WI) Bryant (TX) Cramer Bonior Cramer Fazio Becerra Cardin Danner not voting 16, as follows: Borski Danner Fields (LA) Beilenson Chapman DeFazio [Roll No. 58] Brewster de la Garza Filner Bentsen Clay DeLauro Browder DeFazio Flake Berman Clayton Dellums AYES—237 Brown (FL) DeLauro Foglietta Bevill Clement Deutsch Allard Armey Baker (CA) Brown (OH) Dellums Ford Bishop Clyburn Dicks Archer Bachus Baker (LA) Bryant (TX) Deutsch Frank (MA) H 854 CONGRESSIONAL RECORD — HOUSE January 30, 1995 Frost Markey Rivers The SPEAKER pro tempore. Is there I am merely trying to accommodate Furse Martinez Roemer Gejdenson Mascara Rose objection to the request of the gen- the Members on both sides of the aisle, Gephardt Matsui Roybal-Allard tleman from New York? and I would welcome the gentleman Geren McCarthy Sabo Mr. BONIOR. Reserving the right to consenting to the request. Gibbons McDermott Sanders object, Mr. Speaker, just a few minutes Mr. BONIOR. I appreciate my col- Gonzalez McHale Sawyer Gordon McKinney Schroeder ago we voted in this Chamber to limit league’s comments. Green McNulty Schumer the debate on the unfunded mandated Mr. GEJDENSON. Mr. Speaker, will Gutierrez Meehan Scott bill to amendments, 5 minutes on a the gentleman yield? Hamilton Meek Serrano Harman Menendez Sisisky side. This motion would allow the Com- Mr. BONIOR. Mr. Speaker, further Hastings (FL) Mfume Skaggs mittee on International Relations to reserving my right to object, I yield to Hilliard Miller (CA) Slaughter go upstairs in the Rayburn Building my friend, the gentleman from Con- Hinchey Mineta Stenholm necticut. Holden Minge Studds and debate the defense bill and specifi- Hoyer Mink Stupak cally the peacekeeping issue that is be- Mr GEJDENSON. Mr. Speaker, I Jackson-Lee Moakley Tanner fore it. would say that the same pattern has Johnson (SD) Montgomery Tejeda It makes no sense whatsoever to have developed in committee after commit- Johnson, E.B. Moran Thompson Johnston Murtha Thornton a process where the Committee on tee, that we on the International Rela- Kanjorski Nadler Thurman International Relations is meeting in tions Committee are now discussing Kaptur Oberstar Torres the Rayburn Building and we are vot- fundamental changes in our role in the Kennedy (MA) Obey Towns United Nations and NATO. Time after Kennedy (RI) Olver Traficant ing ever 15 minutes on the House floor, Kennelly Ortiz Velazquez 5 minutes on a side. It was your mo- time, as amendments are just barely Kildee Orton Vento tion; it was not our motion. Members brought forward, there is a motion that Kleczka Owens Visclosky the majority carries to cut off debate. Klink Pallone Volkmer will not have a chance to warm their LaFalce Pastor Ward seats over there. And we are deciding whether we are Lantos Payne (VA) Waters At some point the American people going to be in the United Nations or Laughlin Pelosi Watt (NC) are going to ask, ‘‘Do you people really out, whether we are going to expand Levin Peterson (FL) Waxman NATO without full and proper debate. Lewis (GA) Peterson (MN) Wilson know how to run this institution?’’ Lincoln Pickett Wise Continuing my reservation, Mr. The same pattern is occurring in com- Lipinski Pomeroy Woolsey Speaker, we have had a disturbing pat- mittee after committee. Lofgren Poshard Wyden Mr. GILMAN. If the gentleman will Lowey Rangel Wynn tern occur on the floor of this institu- Luther Reed Yates tion. This is the fourth rule, unfunded yield further, at this time, Mr. Speak- Maloney Reynolds mandates is the fourth rule that we er, I would—— Manton Richardson have had. The first two were closed. Mr. SOLOMON. Regular order, and NOT VOTING—16 The rules package on the compliance demand it now. Bass Mollohan Stokes bill was closed. The rule on the bal- Mrs. COLLINS of Illinois. Mr. Speak- Brown (CA) Neal Torricelli anced budget amendment was restric- er, I object; I object. Hastert Payne (NJ) Weldon (PA) The SPEAKER pro tempore (Mr. Hefner Roberts Williams tive. And now we have an open rule but EFLEY Hunter Rush it is convenient to close it. It is con- H ). Regular order has been de- Jefferson Stark venient to close it so we are going to manded. Do 10 Members stand to ob- Mr. ANDREWS changed his vote run roughshod over the minority and ject? from ‘‘aye’’ to ‘‘no.’’ close the rule. Mr. GILMAN. Since we cannot have Mr. BLILEY changed his vote from We are concerned about the narrow- consent with regard to the request, Mr. ‘‘no’’ to ‘‘aye.’’ ing of voices in this institution and it Speaker. is real. I am reserving my right to ob- The SPEAKER pro tempore. The re- b 1754 ject, Mr. Speaker. quest is withdrawn. So the motion to rise was agreed to. Mr. GILMAN. Mr. Speaker, will the f The result of the vote was announced gentleman yield? as above recorded. Mr. BONIOR. I will yield in a second, UNFUNDED MANDATE REFORM Accordingly the Committee rose; and but let me just develop that for a sec- ACT OF 1995 the Speaker pro tempore (Mr. HEFLEY) ond. We have had four rules; two of The SPEAKER pro tempore. Pursu- having assumed the chair, Mr. EMER- them have been closed; one of them has ant to House Resolution 38 and rule SON, Chairman of the Committee of the been restricted; and the one we are de- XXIII, the Chair declares the House in Whole House on the State of the Union, bating now has been restricted once the Committee of the Whole House on reported that the Committee, having again. the State of the Union for the further had under consideration the Bill (H.R. The Republicans on this side of the consideration of the bill, H.R. 5. 5) to curb the practice of imposing un- aisle have closed down our legislative b 1800 funded Federal mandates on States and service organizations so our women, local governments, to ensure that the the African-Americans, our Hispanics IN THE COMMITTEE OF THE WHOLE Federal Government pays the costs in- have had their voices shut. We have Accordingly, the House resolved it- curred by those governments in com- had the Democratic Study Group self into the Committee of the Whole plying with certain requirements under moved off of the Hill; we have had pub- House on the State of the Union for the Federal statutes and regulations, and lic broadcasting attacks; we have had further consideration of the bill (H.R. to provide information on the cost of voices across this country and in this 5) to curb the practice of imposing un- Federal mandates on the private sec- institution attacked; and we will not funded Federal mandates on States and tor, and for other purposes, had come stand for a gag rule on this bill. local governments, to ensure that the to no resolution thereon. Mr. GILMAN. Mr. Speaker, will the Federal Government pays the costs in- f gentleman yield? curred by those governments in com- Mr. BONIOR. I yield to the gen- plying with certain requirements under REQUEST FOR PERMISSION FOR tleman from New York. Federal statutes and regulations, and COMMITTEE ON INTERNATIONAL Mr. GILMAN. Mr. Speaker, I thank to provide information on the cost of RELATIONS TO SIT TODAY AND the gentleman for yielding. Does the Federal mandates on the private sec- TOMORROW DURING 5-MINUTE gentleman object to the unanimous tor, and for other purposes, with Mr. RULE consent request for the Committee on EMERSON in the chair. Mr. GILMAN. Mr. Speaker, I ask International Relations to continue its The Clerk read the title of the bill. unanimous consent that the Commit- work on the measure before us? We are The CHAIRMAN. When the Commit- tee on International Relations be al- near the end of the completion of that tee of the Whole arose earlier today, lowed to sit today and tomorrow dur- debate and we should be able to wind it the motion to limit debate on each ing the 5-minute rule. up either tonight or tomorrow. amendment to section 4, and any January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 855 amendment thereto, to 10 minutes, of- Christensen Hoekstra Porter reference to this debate, and I rise as Chrysler Hoke Portman fered by the gentleman from Penn- Clinger Horn Pryce the cochairman of the Unfunded Man- sylvania [Mr. CLINGER], had been Coble Hostettler Quillen dates Caucus. I am not a member of the agreed to. Coburn Houghton Quinn committee of jurisdiction, but I rise Are there further amendments to sec- Collins (GA) Hoyer Radanovich Combest Hunter Rahall with a deep-seated feeling that a great tion 4? Condit Hutchinson Ramstad majority in this House wants to finish MOTION TO RISE OFFERED BY MR. VOLKMER Cooley Hyde Regula this bill, and I would hope that we Cox Inglis Reynolds could do that. Mr. VOLKMER. Mr. Chairman, I Crane Istook Riggs move that the Committee do now rise. Crapo Johnson (CT) Roberts So, in discussing this matter, Mr. The CHAIRMAN. The question is on Cremeans Johnson, E. B. Rogers Chairman, I wanted to bring to the at- the motion offered by the gentleman Cubin Johnson, Sam Rohrabacher tention of my colleagues a draft memo Cunningham Jones Ros-Lehtinen from Missouri [Mr. VOLKMER]. Danner Kasich Roth that came to my office last January 11. The question was taken; and the Davis Kelly Roukema It says, ‘‘From the Democrat leader- Chairman announced that the noes ap- Deal Kim Royce ship’’: You may want to change your DeLay King Salmon peared to have it. Diaz-Balart Kingston Sanford faxes. It says, ‘‘First and foremost, our RECORDED VOTE Dickey Kleczka Saxton actions and statements must comport Mr. VOLKMER. Mr. Chairman, I de- Dooley Klink Scarborough with and amplify our overall thematic Doolittle Klug Schaefer mand a recorded vote. Dornan Knollenberg Schiff characterizations of the Republican A recorded vote was ordered. Doyle Kolbe Seastrand legislative agenda and congressional The vote was taken by electronic de- Dreier LaHood Sensenbrenner management. The arrogance and un- Duncan Largent Shadegg fairness of the Republican approach vice, and there were—ayes 159, noes 266, Dunn Latham Shaw not voting 9, as follows: Ehlers LaTourette Shays during the markup has led to a shoddy [Roll No. 59] Ehrlich Laughlin Shuster product and one that may (though not Emerson Lazio Sisisky all)’’ not all of your caucus, ‘‘and the AYES—159 English Lewis (CA) Skeen Abercrombie Frank (MA) Olver Ensign Lewis (KY) Skelton members of our caucus believe con- Ackerman Frost Ortiz Everett Lightfoot Smith (MI) tains unfair and unsound policies. Andrews Furse Orton Ewing Lincoln Smith (NJ) ‘‘Anger and consternation about this Baesler Gejdenson Owens Fawell Linder Smith (TX) procedural abuse should be restated re- Baldacci Gephardt Pallone Fields (TX) Livingston Smith (WA) Barcia Gonzalez Pastor Flanagan LoBiondo Solomon peatedly, ‘‘—and goodness knows my Becerra Gutierrez Payne (NJ) Foley Longley Souder colleagues have done that—’’ in the Bentsen Hall (OH) Pelosi Forbes Lucas Spence days leading up to the floor action by Berman Hamilton Peterson (FL) Fowler Manzullo Stearns Bevill Hastings (FL) Peterson (MN) Fox Martini Stenholm the leadership, using letters to the Bishop Hilliard Pomeroy Franks (CT) McCollum Stockman Speaker and complaining about the Bonior Hinchey Poshard Franks (NJ) McCrery Stump mistreatment of the minority, press Borski Holden Rangel Frelinghuysen McDade Talent Boucher Jackson-Lee Reed Frisa McHugh Tanner conferences and discussions with key Brewster Jacobs Richardson Funderburk McInnis Tate press people, floor statements, 1-min- Brown (FL) Johnson (SD) Rivers Gallegly McIntosh Tauzin utes, op-eds, and other communica- Brown (OH) Johnston Roemer Ganske McKeon Taylor (MS) tions and techniques.’’ Bryant (TX) Kanjorski Rose Gekas McNulty Taylor (NC) Cardin Kaptur Roybal-Allard Geren Metcalf Thomas Mr. Chairman, I know my colleagues’ Chapman Kennedy (MA) Sabo Gibbons Meyers Thornberry concerns. I know they are concerned Clay Kennedy (RI) Sanders Gilchrest Mica Thornton about a gag rule and fairness. Lord Clayton Kennelly Sawyer Gillmor Miller (FL) Tiahrt Clement Kildee Schroeder Gilman Molinari Torkildsen knows I have been concerned during Clyburn LaFalce Schumer Goodlatte Montgomery Torres my tenure when I have been a member Coleman Lantos Scott Goodling Moorhead Upton of the minority, more especially as a Collins (IL) Levin Serrano Gordon Morella Vento Collins (MI) Lewis (GA) Skaggs Goss Murtha Vucanovich member of the House Administration Conyers Lipinski Slaughter Graham Myers Waldholtz Committee. I remember times when we Costello Lofgren Spratt Green Myrick Walker were ruled out of order and we could Coyne Lowey Stark Greenwood Nethercutt Walsh not even speak. I remember one time Cramer Luther Stokes Gunderson Neumann Wamp de la Garza Maloney Studds Gutknecht Ney Watts (OK) when the doors were locked and we DeFazio Manton Stupak Hall (TX) Norwood Weldon (FL) could not even get in to conduct a DeLauro Markey Tejeda Hancock Nussle Weller hearing. Dellums Martinez Thompson Hansen Oberstar White Deutsch Mascara Thurman Harman Obey Whitfield All of the debate, as of right now, is Dicks Matsui Torricelli Hastings (WA) Oxley Wicker on establishing the purpose and the Dingell McCarthy Towns Hayes Packard Wilson scope of the bill. Thirty amendments Dixon McDermott Traficant Hayworth Parker Wolf Doggett McHale Tucker Hefley Paxon Young (AK) remain. Even if my colleagues do not Durbin McKinney Velazquez Heineman Payne (VA) Young (FL) offer amendments in the second degree, Edwards Meehan Visclosky Herger Petri Zeliff that is 5 hours of debate, 71⁄2 hours of Engel Meek Volkmer Hilleary Pickett Zimmer voting. Eshoo Menendez Ward Hobson Pombo Evans Mfume Waters Now how long is long? We have not Farr Miller (CA) Watt (NC) NOT VOTING—9 got to title I. That is the commission. Fattah Mineta Waxman Bass Hefner Neal That is where we go back over existing Fazio Minge Williams Brown (CA) Jefferson Rush Fields (LA) Mink Wise Hastert Leach Weldon (PA) unfunded mandates and we take care of Filner Moakley Woolsey that, and that deserves debate. Flake Mollohan Wyden b 1820 Now title II is the regulatory section. Foglietta Moran Wynn Ford Nadler Yates Mr. MINGE changed his vote from Title III is the point of order section. ‘‘no’’ to ‘‘aye.’’ We have not even got there yet. NOES—266 So the motion to rise was rejected. The gentleman from Pennsylvania Allard Beilenson Bunn The result of the vote was announced [Mr. BORSKI] has an amendment pend- Archer Bereuter Bunning Armey Bilbray Burr as above recorded. ing on clean water. We have eight. Bachus Bilirakis Burton That is between seven and nine, eight Baker (CA) Bliley Buyer b 1820 amendments on clean water. The first Baker (LA) Blute Callahan amendment by Mr. TAYLOR was on Ballenger Boehlert Calvert Mr. ROBERTS. Mr. Chairman, I move Barr Boehner Camp to strike the last word. clean water. Barrett (NE) Bonilla Canady Mr. Chairman and my colleagues, I Now, Mr. Chairman, to date we have Barrett (WI) Bono Castle rise to express my concern and my had 5 days, including 1 day of general Bartlett Browder Chabot Barton Brownback Chambliss sense of frustration in regard to the debate, 20 hours, 168 amendments have Bateman Bryant (TN) Chenoweth procedure that is now being followed in been proposed, 16 amendments have H 856 CONGRESSIONAL RECORD — HOUSE January 30, 1995 been considered, and 2 amendments why we are moving the way we are, I With all sincerity, we put out an open have been passed. want to go back to the comment made rule on this bill because we did not We need to settle this bill. The delay, by the gentlewoman from Illinois: This want it to be a closed rule. We did not the crisis, is throughout this country is a deliberative body. want to gag Members on either side of in regard to the city councils, and the We have been on this bill 2 weeks. the aisle. Regardless of whether you school boards, and every business and There is no national emergency that are a Republican or Democrat, conserv- every farm, every entity that we have says that we have to finish this in an- ative or liberal, you are entitled to be out there suffering from unfunded man- other week. What they are are national heard. And in putting the open rule dates. The Senate has passed the bill, imperatives that are reflected in the out, we have given you the opportunity and I must tell my colleagues, which I amendments by the people who have to offer whatever amendments you been duly represented from constitu- share their concern about minority want to. But there is a time constraint, encies across this country. rights and the gag rule—my word, peo- and I will say to my good friend the ple: 30 more amendments, 71⁄2 hours of Now, if in fact we are going to play gentleman from Maryland [Mr. voting, 5 hours and we are not even to games about how long we take to do a MFUME], and he is a good friend, we the 3 titles. How long is long? bill, then perhaps we ought to do as the have a contract to abide by. We are With all due respect, with all due re- distinguished gentleman from Texas going to get these rules through this spect, and I mean this very sincerely, said. Let us just go on ad infinitum. I people crawl out of train wrecks faster mean that is why we are here anyway. Congress. than you people consider bills. It was not this side’s decision to start With 5 days acting on the bill, sig- Mr. ARMEY. Mr. Chairman, I move at 5 p.m., and quite frankly, as my col- nificant amendments on both sides of to strike the requisite number of leagues know, I hear the debate on the aisle can be offered to these four words. both sides of the aisle regarding this. I sections, and there has been ample op- Mr. Chairman, I will not take 5 min- think we ought to move forward, and I portunity. All we are saying now is we utes as I announce to the Members of would sincerely appreciate if the mi- have to move on. We cannot continue this body and their families that every- nority would stop suggesting that another 5 days on this issue. body should be prepared to remain here Members in the minority should have The suggestion was made to me that tonight in session until we complete no rights at all to offer amendments, we go upstairs and put out a closed this section of the bill irrespective of or to debate those amendments, or to rule, because we have spent 5 days on the number of votes, procedural or sub- debate aspects of the bill. this issue. And I personally opposed stantive. We will remain here tonight Mr. Chairman, this is a process that that. I do not think we should do that, until we finish this section of the bill. has been going on long before any because you should have ample oppor- Mrs. COLLINS of Illinois. Mr. Chair- Member in this body ever got here, it tunity to be heard. man, I move to strike the requisite will go on long afterward, and I would But as we progress now, after 5 days, number of words. hope and expect that we could move we are going to move on to title I prob- Mr. Chairman, I just want to point forward with some sense of fairness and ably at 2 o’clock in the morning, and out that we are debating this piece of some sense of understanding that peo- then we will give ample debate on title ple on this side of the aisle have a right legislation. We are moving along very I. But at some point you will have to to offer amendments and have every judiciously. We have had Members, as a limit debate on title I. We have to right to expect that those amendments matter of fact, who have several move through this bill because we have amendments; they have offered to put are going to be debated. The constitu- encies that sent them here expect that other important issues to come before those amendments en bloc, as the other us. side very well knows. We have been co- also. Mr. VOLKMER. Mr. Chairman, will It does not matter that this bill has operative in any way that we can. an effective date of next October. The The interesting thing about this is the gentleman yield? Mr. MFUME. I yield to the gen- fact is the American people want us to that we are going to rush to judgment tleman from Missouri. pass this bill. The Governors’ Associa- about the amendments that we have. Mr. VOLKMER. Mr. Chairman, it ap- tion, the school boards, as the gen- We have a gag rule that has been im- peared to me to be quite obvious that, tleman from Kansas [Mr. ROBERTS] has posed upon us tonight. We find our- if the gentleman from Pennsylvania mentioned, the local governments that selves without the ability—we found who made the earlier motion would I served in, they wanted to know that ourselves without the ability in com- now move that there be no limitation we are going to pass this before final mittee to offer amendments, and now to amendments, that we could proceed action is taken on the balanced budget we have the gag rule. with the amendments in order, and I do amendment. Now everybody is talking about, not think we would have any of this All Members know that and are very ‘‘Why don’t we go on?’’ It is because we stuff, and we could get out of here a lot much aware of that. So time is of the want to get this thing done, and we earlier than otherwise. essence. We have to pass this bill, and want to do it right. We want to be able Mr. CLINGER. Mr. Chairman, will we are going to do it one way or an- to deliberate in the fashion that every- the gentleman yield? other. We will do it all with your co- body is supposed to be accustomed to Mr. MFUME. I yield to the gen- operation. in this House of Representatives. tleman from Pennsylvania. This is a deliberative body, not one Mr. VENTO. Mr. Chairman, will the Mr. CLINGER. There is no limitation gentleman yield? that is not deliberative. I say to my on amendments. All we have said is colleagues, ‘‘When you can’t deliberate Mr. SOLOMON. I yield to the gen- that there is a limitation on debate tleman from Minnesota. in committee, you have to deliberate time. on the floor.’’ Mr. VENTO. Mr. Chairman, I thank Mr. VOLKMER. Ten minutes on each the gentleman for yielding. I would Further, this bill will not become ef- amendment. If the gentleman would fective until October 1995. If they were submit the debate that has gone on has withdraw that and make a motion that been on both sides of the aisle here in in such a hurry to get this done, why there would be no limitation on amend- terms of Republicans using their time. are they making the effective date 10 ments, on time limits on amendments, Furthermore, I would suggest my in- months from now? then I think we—we have already spent formation was there was no discussion It seems to me something is wrong over an hour and have not got through with that kind of thinking, Mr. Chair- the first amendment. with the minority when the motion man. was made today with regard to limit- Mr. MFUME. Mr. Chairman, I move b 1830 ing amendments and the time for to strike the requisite number of Mr. SOLOMON. Mr. Chairman, I amendments on title IV. There is no words. move to strike the requisite number of consultation here, there is no biparti- Mr. Chairman, with all due respect to words. san effort to work on this bill; that is, the gentlemen on the other side of the Mr. Chairman, I know we are all try- both in the actions of the committee aisle who raised the question about ing to be as fair as we possibly can. and on this House floor tonight. When January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 857 you start at 5 p.m., who starts at 5 p.m. that done. And the American people, ‘‘(i) cancer or teratogenic effects; or with their workday and expects to get when they see the tactics you are em- ‘‘(ii) serious or irreversible— their job done? ploying to slow down what they wanted ‘‘(I) reproductive dysfunctions; Mr. SOLOMON. Mr. Chairman, re- and what they elected us to do, it is ‘‘(II) neurological disorders; claiming my time, the gentleman going to cost you even more dearly in ‘‘(III) heritable genetic mutations; or ‘‘(IV) other chronic health effects. knows for several days negotiations 1996. have been going on between myself, the Mr. MFUME. Mr. Chairman, will the Mr. BORSKI. Mr. Chairman, I ask manager of the bill, between the mi- gentleman yield? unanimous consent that the amend- nority leader on your side, trying to Mr. BURTON of Indiana. I yield to ments be considered en bloc. get you to come up with the significant the gentleman from Maryland. The CHAIRMAN. Is there objection amendments and have you offer them, Mr. MFUME. Mr. Chairman, I thank to the request of the gentleman from but we have not been able to get any- the gentleman from Indiana for yield- Pennsylvania? place. We have been trying. But we are ing, and I appreciate his remarks and There was no objection. going to remain as open and fair and certainly appreciate the remarks of the The CHAIRMAN. The gentleman accountable as we can, but it is up to gentleman from New York [Mr. SOLO- from Pennsylvania [Mr. BORSKI] is rec- you. It is up to you. If you want to co- MON]. I recognize that to a large extent ognized for 5 minutes, and a Member operate, we will stay that way. If you his desire to not go back and close this opposed is recognized for 5 minutes. do not, again I have to remind you, we rule is sincere, and I appreciate that. (Mr. BORSKI asked and was given are going to put this bill through in But we have engaged in a process of permission to revise and extend his re- the next 48 hours. who can out-talk who, and we have not marks.) Mr. BURTON of Indiana. Mr. Chair- done one amendment. man, I move to strike the requisite When the other side won the vote to b 1840 number of words. allow us to move ahead with the 10- Mr. BORSKI. Mr. Chairman, I believe Mr. Chairman, I understand guerrilla minute procedure, that would have unreasonable unfunded mandates tactics. See, some of my good friends taken place, had not the gentleman should not be sent to local govern- are smiling on that side of the aisle. I from Kansas [Mr. ROBERTS] gotten up remember when we were in the minor- and began to read and suggest over ments. ity. Sometimes there were closed rules here we were doing something. I would Congress should not require unfunded and sometimes the rights of the minor- think after this maybe we could go mandates without careful consider- ity—we were then the minority—were into the next amendment. ation and deliberation. violated, and we had to do something. Mr. BURTON of Indiana. Mr. Chair- But there are issues—major and sig- So I understand that. I understand man, reclaiming my time, that was a nificant issues—on which the Federal that. great speech, but actions speak louder Government has a truly legitimate role But our side has pledged and the than words, and anybody watching in setting nation-wide standards. Committee on Rules chairman has just these proceedings knows what you are Mr. Chairman, the Clean Water Act stated that we wanted to be as fair as doing. has been one of the great successes of possible and have open rules. And to- The CHAIRMAN. Are there further modern America in cleaning up our Na- ward that end, you have an open rule substantive amendments to section 4? tion’s waters and in protecting the before you right now and there has AMENDMENTS OFFERED BY MR. BORSKI health of the American people. been debate going on ad infinitum on Mr. BORSKI. Mr. Chairman, I offer Is it unreasonable for us to set limits this particular piece of legislation. two amendments which were printed in and restrictions on the dumping of pol- But let me just tell you, I serve not the RECORD as amendments numbered lution in our Nation’s waterways? only on the old Committee on Govern- 35 and 36. The Federal Government for more ment Operations, but also the Commit- The CHAIRMAN. The Clerk will des- than two decades has paid part of the tee on International Operations, the ignate the amendments. cots of cleaning up the waters. former Committee on Foreign Affairs, The text of the amendments is as fol- It is true that we have set standards and it has been my observation, and I lows: and only paid part of the cost. We have think the observation of everybody in Amendments offered by Mr. BORSKI: not paid all of the hundreds of billions the majority, that every single dila- In section 4, strike ‘‘or’’ after the semi- of dollars needed to protect the Amer- tory tactic that can be employed is colon at the end of paragraph (6), strike the ican people. It has been a cost-sharing being employed to slow down the period at the end of paragraph (7) and insert program. progress on the Contract With Amer- ‘‘; or’’, and after paragraph (7) add the fol- The alternatives to Federal action to ica. It is very evident. And I think any- lowing new paragraph: limit water pollution are unacceptable. body who watches the deliberations of (8) establishes or enforces any condition or Local governments could also set the this body knows that every one of limitation on the addition into waters of the standards necessary to protect human these tactics are being employed. United States of pollutants that are— health and then pay 100 percent of the Every one of these tactics are being (A) known to cause or can reasonably be anticipated to cause significant adverse cost. employed, not because you have alter- acute human health effects; or It would be cheaper for local govern- native ideas that are good for America (B) known to cause or can reasonably be but because you do not want the Con- ments to set standards that do not pro- anticipated to cause in humans— tect the health of the American people, tract With America, which is supported (i) cancer or teratogenic effects; or by probably 75 percent of Americans, to (ii) serious or irreversible— but I do not believe that local govern- be heard on this floor. The American (I) reproductive dysfunctions; ments officials would choose a policy people need to know that, and they will (II) neurological disorders; that would not protect the health of know that, the people of this country (III) heritable genetic mutations; or their residents. However, if local gov- will see that very, very clearly. (IV) other chronic health effects. ernments might choose to set lower In section 301, in the proposed section 422 So I would just like to say to those of standards for water pollution to save of the Congressional Budget Act of 1974, money, shouldn’t the Federal Govern- you who suffered in this last election strike ‘‘or’’ after the semicolon at the end of and do not apparently have any ideas paragraph (6), strike the period at the end of ment have some role in protecting with which to do combat with the Con- paragraph (7) and insert ‘‘; or’’, and after human health? tract With America that it would be in paragraph (7) add the following new para- My amendment would exempt any your interests to let open rules come graph: bill establishing limits on the addition down in an orderly manner, and con- ‘‘(8) establishes or enforces any condition of health-threatening pollutants into duct the business of this House. If you or limitation on the addition into waters of the waters. do not do that, we are going to get the the United States of pollutants that are— These health effects would be only ‘‘(A) known to cause or can reasonably be Contract With America to this floor, anticipated to cause significant adverse the most serious, such as cancer, birth and they are going to be voted on. If we acute human health effects; or and young infant defects, major repro- have to stay here every night for ‘‘(B) known to cause or can reasonably be ductive problems, nerve system dam- months on end, we are going to get anticipated to cause in humans— age, and genetic damage. H 858 CONGRESSIONAL RECORD — HOUSE January 30, 1995 Mr. Chairman, there is truly wide- Whole, because a number of these I support the Borski amendment. spread support to reduce unfunded amendments are in fact repetitive. We Mr. CLINGER. Mr. Chairman, I yield mandates but there is no evidence the have dealt with at least one amend- 1 minute to the gentleman from Vir- American people want to increase the ment having to do with the Clean ginia [Mr. DAVIS]. risk of the serious health problems Water Act and with its reauthoriza- Mr. DAVIS. Mr. Chairman, under this caused by water pollution. tion, and that was earlier in our de- bill the Congress will still have the au- The Clean Water Act was passed in bate. There are at least eight more thority to pass the legislation that the 1972 because of the urgent and imme- pending in that regard. gentleman from Pennsylvania wants. diate need to begin a national program So, Mr. Chairman, I would call the We still have that authority. We have of cleaning up our rivers, lakes, and attention of the Members, particularly not given that up at all. We will simply streams. on the other side of the aisle, to a We were faced with a national crisis statement by President Clinton made have the cost in front of us before we of polluted waters that threatened the to the Governors just within the last 2 move ahead and, before we say to our Health of the American public. or 3 days in which he said, localities that we are going to pass the The Clean Water Act has shown a We are strongly supporting the move to bill to them and shift the tax burden solid record of achievement as we have get unfunded mandates legislation passed in from the progressive income tax to successfully reduced pollution into the the Congress, and we are encouraged by the local property taxes, we are going to waters. The Environmental Protection work that was done in the United States understand what that bill is. Before we Agency’s water quality inventories Senate where, as I remember, the bill passed say that this amendment is more im- show an ever-increasing percentage of 86 to 10. After a really open and honest dis- portant than local education projects, cussion of all appropriate amendments, the waters that have achieved their clean- legislation is now moving through the than local police protection, we are up goals. House. going to have a cost done so that this I urge the Members of this House not I am not sure that he was aware how body can appropriately consider it. to place the Clean Water Act—and the slowly it was moving. I think there are We can still address the clean water health of the American people—on the about 100 amendments pending, he that the gentleman is concerned about. chopping block. said, but I think they will move This does not affect any existing man- We should be cutting back on un- through it in a fairly expeditious way, date whatsoever. I think that needs to funded mandates but we should not de- just as the Senate did. be clarified. We still have that flexibil- stroy our ability to protect the health So I would urge my colleagues on the ity, but we are going to know the cost of the American people. other side of the aisle to heed the sug- first. I appreciate the committee chairman's con- gestion of their President to move this Mr. BORSKI. Mr. Chairman, I yield cern to keep this law as simple as possible. bill as expeditiously as possible. This, 45 seconds to the distinguished gen- But that doesn't mean there shouldn't be any again, is an amendment that deals with tleman from California [Mr. MINETA], exceptions. The bill as reported by the Com- a very, very important piece of legisla- who is wearing the pride of the Super mittee on Government Reform and Oversight tion. It deals with a very important Bowl victors on his shirt. I would re- already has seven exceptions. issue. The only question is, does it rise Why do we have those seven exceptions mind the gentleman that the Eagles to any higher level of concern than all defeated the 49ers 40 to 8. that are already in the bill if we want no ex- of the other exemptions that we have ceptions? (Mr. MINETA asked and was given been considering. permission to revise and extend his re- We have those exceptions because the au- Again, this is not a retrospective thors of the bill believe those purposes are im- marks.) look. It is only prospective. It will not Mr. MINETA. Mr. Chairman, I rise in portant enough that bills on those subjects affect anything that is presently on the support of the Borski amendment. This should not be delayed with an additional point books, nor should it. But it does say amendment assures that we do not of order. that if we are going to enact additional I am saying that laws concerning the control requirements under the Clean Water cripple our future efforts at protecting of water pollution that could have a serious Act, then we should at least consider the basic rights of our constituents. and adverse impact on human health should the cost to those who are going to be As we learned so dramatically in Mil- also be exempted from this special new re- imposed upon. waukee, when over 100 individuals died quirement. Mr. Chairman, I would plead with the because of waterborne bacteria, pollut- We are creating two different rules for legis- Members to defeat this amendment and ants in our water can have serious ad- lation on this House floor. Some bills face recognize that the Governors, the verse health effects. If we support the tougher requirements than others. county commissioners, all of our State Borski amendment, we will be able to Mr. Chairman, my amendment attempts to and local officials are crying out for re- respond to new and serious threats to get legislation protecting human health into the lief from unfunded mandates. human health. easier category for floor consideration that has Mr. Chairman, I reserve the balance If we do not adopt this amendment, already been established by the Government of my time. government will be far less able to re- Reform and Oversight Committee. Mr. BORSKI. Mr. Chairman, I yield spond and will be far slower in respond- We must act like legislatorsÐMembers of 45 seconds to the gentlewoman from ing to new and serious waterborne the United States House of RepresentativesÐ Oregon [Ms. FURSE]. threats to human health. and stand behind legislation that will protect Ms. FURSE. Mr. Chairman, I want to To me, this is what the amendment the health of the American people. I urge my talk a little bit about the Portland is all about. Therefore, I urge my col- colleagues to support my amendment to ex- metropolitan area which has a problem leagues to support the Borski amend- empt water pollution laws that protect human with combined sewer overflows and the ment. health from this bill. cost of clean-up is estimated at $1 bil- Mr. Chairman, I am pleased to rise in sup- Mr. Chairman, I reserve the balance of my lion. But Portland area residents, the port of Mr. BORSKI's amendment. time. State and the city governments are not Mr. CLINGER. Mr. Chairman, I rise urging us to roll back the Clean Water The Borski amendment assures that we do in opposition to the amendment. Act. In contrast to what heard today, not cripple our future efforts at protecting the Mr. Chairman, I represent public opinion poll after public opinion basic health rights of our constituents. As we Punxatawney, PA, and in about 3 or 4 poll ranks clean water as the top prior- learned so dramatically in Milwaukee when days we will be celebrating Groundhog ity for the northwest. over 100 individuals died because of water- Day. And some years ago there was a The answer does not lie in forsaking borne bacteria, pollutants in our water can movie called Groundhog Day in which fundamental values. Instead we must have serious adverse health effects. the same day was repeated over and update and reprioritize our budget pri- I congratulate my colleague for having the over and over again. orities. foresight to be willing to assure our ability to Mr. Chairman, I would suggest there We should spend, in my opinion, less continue to protect our constituents from water is an analogy here to what we have on cold war weapons and more on do- pollution which may cause significant and seri- been doing in the Committee of the mestic priorities. ous health problems. January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 859 Both this floor and the Transportation Com- b 1850 move ammonia, $12.15. In other words, mittee have been the scene of spirited debate Mr. Chairman, I think that is what a Federal requirement to remove one over what is the proper level of protection of the gentleman’s amendment speaks to, product from the sewer system is equal the environment. Although we Members may and I rise in its support. in cost, to the residents I represent, to differ on how we answer that question, I do Mr. Chairman, do we need to curb the ease their whole base charge for all of the not believe that we have ever differed on the by which we pass unfunded mandates on to other costs of running the sewer sys- need to preserve basic human health from the State and local governments? Yes we do. tem. most serious adverse effects of pollution. However, it is important to recognize that Is it possible, Mr. Chairman, that in The protection of human health should not there are many present mandates which the this or in other instances, upon a care- be considered an unfunded mandate. In fact, Federal Government imposes and which my ful analysis, costs like this must be one of the primary responsibilities of State and constituents would not want abolished. borne? I think the possibility certainly local government is to assure the protection of Mr. Chairman, I rise in support of the exists. I do agree with the other side, of the health of their citizens. Fortunately, in the amendment offered by the gentleman from course, on the importance of cleaning area of clean water, Congress has been fund- Pennsylvania providing that this legislation not up our water, but who has measured ing the efforts of State and local governments apply to regulations protecting U.S. waters this? Who has measured from the Fed- in protecting citizens from pollution. Over $60 from pollutants and toxic waste. eral Government whether in fact dou- billion has been provided to date and I fully The transformation of the Chesapeake Bay bling the cost of the sewer rates to the expect funding to continue. from its dismal state a decade ago into the residents of Albuquerque is, in fact, However, we should not be so foolish to be- more healthy estuary in the world is a perfect what is needed to keep this water at an lieve that State and local governments would example of what the shortsighted impact of appropriate level of toxic pollution not take steps to protect human health but for this legislation could be. We cannot move control? the requirements of the Clean Water Act. For backward on the Chesapeake Bay. Mr. Chairman, my point is that this example, 100 years ago Chicago took steps We must guarantee that individual localities bill would require that kind of account- as bold as to reverse the flow of the Chicago not be able to dump waste into waters and de- ing, that kind of accountability, and River in support of public health. stroy the very environment that is enjoyed by that is why the gentleman’s amend- The world we live in is more complex than people across the entire mid-Atlantic region ment should be rejected. that which existed in the last century, we do and whose health our coastal economics de- AMENDMENT OFFERED BY MR. VOLKMER TO THE not know what the next century will bring. If pend upon. AMENDMENTS EN BLOC OFFERED BY MR. BORSKI we support the Borski amendment, we will be It is imperative that the future impact of H.R. Mr. VOLKMER. Mr. Chairman, I offer able to respond to new and serious threats to 5 not jeopardize the successes of several en- an amendment to the amendments. human health. If we do not adopt this amend- vironmental, safety, and health standards that The CHAIRMAN. The Clerk will des- ment, government will be far less able to re- the American people depend upon and sup- ignate the amendment. spond, and will be far slower in responding, to port. Amendment offered by Mr. VOLKMER to the new and serious waterborne threats to human Unfunded mandate legislation cannot and amendments en bloc offered by Mr. BORSKI: health. That is what this amendment is all should not result in unintended consequences. At the end of the amendments add the fol- about. Mr. Chairman, we have a Contract With lowing: ‘‘V. Reproductive disorders.’’ America. It is the contract that we have made I urge my colleagues to support the Borski Mr. CHAIRMAN. There is no debate together to provide protections and safeguards amendment. in order on this amendment. for our environment, our workers, and our Mr. CLINGER. Mr. Chairman, may I The question is on the amendment health. inquire as to who has the right to offered by the gentleman from Mis- I agree with my colleagues who support this close. souri [Mr. VOLKMER] to the amend- measure that we must more carefully judge The CHAIRMAN. The gentleman ments offered by the gentleman from the requirements we impose. However, in the from Pennsylvania [Mr. CLINGER] has Pennsylvania [Mr. BORSKI]. rush to legislate we must ensure that we are The question was taken; and on a di- the right to close. not rushing to abdicate important protections Mr. CLINGER. Mr. Chairman, I re- vision (demanded by Mr. VOLKMER) that the American people want and expect. there were—ayes 42, noes 78. serve the balance of my time. Mr. BORSKI. Mr. Chairman, I would Mr. BORSKI. Mr. Chairman, I yield ask if I have any time remaining. RECORDED VOTE 45 seconds to the distinguished gen- The CHAIRMAN. The gentleman Mr. VOLKMER. Mr. Chairman, I de- tleman from Maryland [Mr. HOYER]. from Pennsylvania [Mr. BORSKI] has 15 mand a recorded vote. Mr. HOYER. Mr. Chairman, I am seconds remaining. A recorded vote was ordered. pleased the gentleman did not ref- Mr. BORSKI. Mr. Chairman, I yield ANNOUNCEMENT BY THE CHAIRMAN erence the Redskins’ performance this myself the remainder of my time. Mr. CHAIRMAN. The Chair an- year, but we are coming back. Mr. Chairman, my amendment at- nounces that pursuant to clause 2(c), Mr. Chairman, I rise in support of the tempts to get legislation protecting rule XXIII, he will reduce to 5 minutes amendment offered by the gentleman human health in an easier category for any recorded vote on the amendments from Pennsylvania providing this legis- floor consideration than has already en bloc offered by the gentleman from lation not apply to regulations protect- been established by the Committee on Pennsylvania [Mr. BORSKI] following ing U.S. waters and pollutants of toxic Government Reform and Oversight. the vote on the amendment thereto of- waste. I urge my colleagues to support my fered by the gentleman from Missouri Day after day after day, like ground- amendment to exempt water pollution [Mr. VOLKMER]. This is a 15-minute hog day in that movie, we are having laws to protect human health from this vote. the Chesapeake Bay polluted, one of bill. The vote was taken by electronic de- the greatest estuaries of this world. We Mr. CLINGER. Mr. Chairman, I yield vice, and there were—ayes 114, noes 312, need to stop it. The Federal Govern- the balance of my time to the gen- not voting 8, as follows: ment has taken substantial steps to- tleman from New Mexico [Mr. SCHIFF], [Roll No. 60] ward that end. chairman of the committee. I think it is appropriate to say in The CHAIRMAN. The gentleman AYES—114 this instance, because of the critical from New Mexico [Mr. SCHIFF] is recog- Abercrombie Coleman Farr Ackerman Collins (MI) Fazio 1 nature of the problem that we confront nized for 1 ⁄2 minutes. Barcia Conyers Fields (LA) with respect to the pollution of the Mr. SCHIFF. Mr. Chairman, I thank Becerra Coyne Filner Chesapeake Bay and other waterways the gentleman for yielding time to me. Bentsen Danner Flake Bishop Dellums Frank (MA) of this Nation, that this is not the type Mr. Chairman, I have here a copy of Bonior Deutsch Furse of unfunded mandate, that, in fact, yes, a water bill and sewer bill from the Brown (FL) Dicks Gejdenson it is costly to clean up our waste, but city of Albuquerque from this month Brown (OH) Dingell Gephardt it is not so costly that the cost down- that was sent to a constituent. For his Bryant (TX) Dixon Gibbons Clay Engel Green stream and in the long run is not far sewer charge, it shows: base charge, Clayton Eshoo Hastings (FL) greater. $13.08; unfunded Federal mandate to re- Clyburn Evans Hilliard H 860 CONGRESSIONAL RECORD — HOUSE January 30, 1995 Hinchey Meehan Schumer Obey Royce Tate LaFalce Murtha Slaughter Hoyer Meek Scott Olver Salmon Tauzin Lantos Nadler Spratt Jackson-Lee Mfume Serrano Orton Sanford Taylor (MS) Lewis (GA) Oberstar Stark Johnson (SD) Miller (CA) Slaughter Oxley Sawyer Taylor (NC) Lincoln Obey Stokes Johnson, E. B. Mineta Stark Packard Saxton Tejeda Lipinski Olver Studds Johnston Mink Stokes Parker Scarborough Thomas Lofgren Owens Stupak Kanjorski Mollohan Studds Paxon Schaefer Thornberry Lowey Pallone Taylor (MS) Kennedy (MA) Nadler Stupak Payne (VA) Schiff Thurman Luther Pastor Thompson Kennedy (RI) Ortiz Thompson Peterson (FL) Seastrand Tiahrt Maloney Payne (NJ) Thornton Kildee Owens Thornton Peterson (MN) Sensenbrenner Torkildsen Manton Pelosi Thurman Klink Pallone Torres Petri Shadegg Traficant Martinez Pomeroy Torres LaFalce Pastor Torricelli Pickett Shaw Upton Mascara Poshard Torricelli Lantos Payne (NJ) Towns Pombo Shays Vucanovich Matsui Rahall Towns Lewis (GA) Pelosi Tucker Pomeroy Shuster Waldholtz McCarthy Rangel Traficant Lipinski Rangel Velazquez Porter Sisisky Walker McDermott Reed Tucker Lofgren Reed Vento Portman Skaggs Walsh McHale Reynolds Velazquez Maloney Reynolds Visclosky Poshard Skeen Wamp McKinney Richardson Vento Manton Richardson Volkmer Pryce Skelton Watts (OK) Meehan Rivers Visclosky Markey Rivers Ward Quillen Smith (MI) Waxman Meek Rose Volkmer Martinez Rose Waters Quinn Smith (NJ) Weldon (FL) Menendez Roybal-Allard Ward Mascara Roybal-Allard Watt (NC) Radanovich Smith (TX) Weller Mfume Rush Waters Matsui Rush Wise Rahall Smith (WA) White Miller (CA) Sabo Watt (NC) McCarthy Sabo Woolsey Ramstad Solomon Whitfield Mineta Sanders Waxman McDermott Sanders Wynn Regula Souder Wicker Minge Sawyer Williams McKinney Schroeder Yates Riggs Spence Williams Mink Schroeder Wise Roberts Spratt Wilson Moakley Schumer Woolsey NOES—312 Roemer Stearns Wolf Mollohan Scott Wyden Allard DeFazio Hostettler Rogers Stenholm Wyden Montgomery Serrano Wynn Andrews DeLauro Houghton Rohrabacher Stockman Young (AK) Moran Skaggs Yates Archer DeLay Hunter Ros-Lehtinen Stump Young (FL) Armey Diaz-Balart Hutchinson Roth Talent Zeliff NOES—263 Bachus Dickey Hyde Roukema Tanner Zimmer Allard Dunn Klug Baesler Doggett Inglis NOT VOTING—8 Andrews Edwards Knollenberg Baker (CA) Dooley Istook Archer Ehlers Kolbe Baker (LA) Doolittle Jacobs Brown (CA) Hefner Neal Armey Ehrlich LaHood Baldacci Dornan Johnson (CT) Harman Jefferson Weldon (PA) Bachus Emerson Largent Ballenger Doyle Johnson, Sam Hastert Leach Baesler English Latham Barr Dreier Jones Baker (CA) Ensign LaTourette Barrett (NE) Duncan Kaptur b 1911 Baker (LA) Everett Laughlin Barrett (WI) Dunn Kasich Baldacci Ewing Lazio Bartlett Durbin Kelly Mr. MORAN changed his vote from Ballenger Fawell Leach Barton Edwards Kennelly ‘‘aye’’ to ‘‘no.’’ Barr Fields (TX) Levin Bass Ehlers Kim Mr. HILLIARD changed his vote from Barrett (NE) Flanagan Lewis (CA) Bateman Ehrlich King Bartlett Foley Lewis (KY) Beilenson Emerson Kingston ‘‘no’’ to ‘‘aye.’’ Barton Forbes Lightfoot Bereuter English Kleczka So the amendment to the amend- Bass Fowler Linder Berman Ensign Klug ments was rejected. Bateman Fox Livingston Bevill Everett Knollenberg The result of the vote was announced Bereuter Frank (MA) LoBiondo Bilbray Ewing Kolbe Bilbray Franks (CT) Longley Bilirakis Fattah LaHood as above recorded. Bilirakis Franks (NJ) Lucas Bliley Fawell Largent The CHAIRMAN. The question is on Bliley Frelinghuysen Manzullo Blute Fields (TX) Latham the amendments offered by the gen- Blute Frisa Markey Boehlert Flanagan LaTourette Boehlert Funderburk Martini Boehner Foglietta Laughlin tleman from Pennsylvania [Mr. BOR- Boehner Gallegly McCollum Bonilla Foley Lazio SKI]. Bonilla Ganske McCrery Bono Forbes Levin The question was taken; and the Bono Gekas McDade Borski Ford Lewis (CA) Chairman announced that the noes ap- Brewster Geren McHugh Boucher Fowler Lewis (KY) Browder Gilchrest McInnis Brewster Fox Lightfoot peared to have it. Brownback Gillmor McIntosh Browder Franks (CT) Lincoln RECORDED VOTE Bryant (TN) Gilman McKeon Brownback Franks (NJ) Linder Bunn Goodlatte McNulty Bryant (TN) Frelinghuysen Livingston Mr. BORSKI. Mr. Chairman, I de- Bunning Goodling Metcalf Bunn Frisa LoBiondo mand a recorded vote. Burr Goss Meyers Bunning Frost Longley A recorded vote was ordered. Buyer Graham Mica Burr Funderburk Lowey The CHAIRMAN. This will be a 5- Callahan Greenwood Miller (FL) Burton Gallegly Lucas Calvert Gunderson Molinari Buyer Ganske Luther minute vote. Camp Gutknecht Moorhead Callahan Gekas Manzullo The vote was taken by electronic de- Canady Hall (OH) Morella Calvert Geren Martini vice, and there were—ayes 162, noes 263, Castle Hall (TX) Myers Camp Gilchrest McCollum Chabot Hamilton Myrick Canady Gillmor McCrery not voting 9, as follows: Chambliss Hancock Nethercutt Cardin Gilman McDade [Roll No. 61] Chapman Hansen Neumann Castle Gonzalez McHale Chenoweth Hastings (WA) Ney Chabot Goodlatte McHugh AYES—162 Christensen Hayes Norwood Chambliss Goodling McInnis Abercrombie Costello Furse Chrysler Hayworth Nussle Chapman Gordon McIntosh Ackerman Coyne Gejdenson Clinger Hefley Ortiz Chenoweth Goss McKeon Barcia Danner Gephardt Coble Heineman Orton Christensen Graham McNulty Barrett (WI) DeFazio Gibbons Coburn Herger Oxley Chrysler Greenwood Menendez Becerra DeLauro Gonzalez Collins (GA) Hilleary Packard Clement Gunderson Metcalf Beilenson Dellums Gordon Combest Hobson Parker Clinger Gutierrez Meyers Bentsen Deutsch Green Condit Hoekstra Paxon Coble Gutknecht Mica Berman Dicks Gutierrez Cooley Hoke Payne (VA) Coburn Hall (OH) Miller (FL) Bevill Dingell Hastings (FL) Cox Horn Peterson (FL) Collins (GA) Hall (TX) Minge Bishop Dixon Hilliard Cramer Hostettler Peterson (MN) Collins (IL) Hamilton Moakley Bonior Doggett Hinchey Crane Houghton Petri Combest Hancock Molinari Borski Doyle Holden Crapo Hunter Pickett Condit Hansen Montgomery Boucher Durbin Hoyer Cremeans Hutchinson Pombo Cooley Hastings (WA) Moorhead Brown (FL) Engel Jackson-Lee Cubin Hyde Porter Costello Hayes Moran Brown (OH) Eshoo Jacobs Cunningham Inglis Portman Cox Hayworth Morella Bryant (TX) Evans Johnson (SD) Davis Istook Pryce Cramer Hefley Murtha Cardin Farr Johnson, E. B. Deal Johnson (CT) Quillen Crane Heineman Myers Clay Fattah Johnston DeLay Johnson, Sam Quinn Crapo Herger Myrick Clayton Fazio Kanjorski Diaz-Balart Jones Radanovich Cremeans Hilleary Nethercutt Clement Fields (LA) Kaptur Dickey Kasich Ramstad Cubin Hobson Neumann Clyburn Filner Kennedy (RI) Dooley Kelly Regula Cunningham Hoekstra Ney Coleman Flake Kennelly Doolittle Kennedy (MA) Riggs Davis Hoke Norwood Collins (IL) Foglietta Kildee Dornan Kim Roberts de la Garza Holden Nussle Collins (MI) Ford Kleczka Dreier King Roemer Deal Horn Oberstar Conyers Frost Klink Duncan Kingston Rogers January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 861 Rohrabacher Smith (MI) Torkildsen Mr. Chairman, I yield 3 minutes to paycheck. Any layoff, downsizing, or Ros-Lehtinen Smith (NJ) Upton Roth Smith (TX) Vucanovich the gentlewoman from Texas [Ms. illness will affect them, and throw a Roukema Smith (WA) Waldholtz JACKSON-LEE]. family into a homeless condition. Royce Solomon Walker Ms. JACKSON-LEE. Mr. Chairman, I Without safeguards such as our amend- Salmon Souder Walsh thank the gentleman for yielding me ment, we put at risk every program Sanford Spence Wamp Saxton Stearns Watts (OK) this time. that is designed to help the homeless Scarborough Stenholm Weldon (FL) I am very proud today to offer this and near homeless to self-sufficiency. Schaefer Stockman Weller amendment today with my good friend Remember, what we are looking for- Schiff Stump White Seastrand Talent Whitfield and colleague from Missouri [Mr. ward to is unfunded mandates not to Sensenbrenner Tanner Wicker CLAY]. burden our cities, counties, and towns. Shadegg Tate Wilson As chairman of Houston’s task force Then we need to look forward to assist- Shaw Tauzin Wolf on homelessness, for many years I have ing those who are seeking independ- Shays Taylor (NC) Young (AK) Shuster Tejeda Young (FL) worked on the issues of hunger and ence to go from dependence in order to Sisisky Thomas Zeliff homelessness in the State of Texas. In make sure we avoid the homeless Skeen Thornberry Zimmer my home city of Houston, we have over cycle. Skelton Tiahrt 10,000 homeless and many thousands of Mr. Chairman, I am proud to offer this NOT VOTING—9 families who are perhaps only one pay- amendment today with my friend and col- Brown (CA) Harman Jefferson check away from losing their homes. league from Missouri, Mr. CLAY. As chairman Burton Hastert Neal On any given night in this country, of Houston's task force on homelessness, for de la Garza Hefner Weldon (PA) even though we have a roof over our many years I have worked on the issues of b 1919 head, we will find 600,000 people are hunger and homelessness in the State of homeless in the United States. Ne’er- Texas. In my home city of Houston, we have Mr. MARKEY changed his vote from do-wells? I do not think so. People who over 10,000 homeless and many thousands of ‘‘aye’’ to ‘‘no.’’ want a chance or an opportunity, peo- families who are perhaps only one paycheck So the amendment was rejected. ple who have been one paycheck away away from losing their homes. The result of the vote was announced from maintaining their home and are On any given night, as many as 600,000 as above recorded. now out on the street; these people people are homeless in the United States. It is f have children. It is estimated that 10 also estimated that 10 times that number have times that number have been homeless been homeless at some time during the past PERSONAL EXPLANATION at some time during the past 5 years. 5 years. Clearly, homelessness is increasingly Ms. HARMAN. Mr. Chairman, during Clearly homelessness is increasing, im- impacting more and more lives. For this Con- rollcall vote Nos. 60 and 61 on H.R. 5, I pacting more and more lives. gress to acknowledge that homelessness in was unavoidably detained. Had I been I think it is important for this body the United States has reached epidemic pro- present I would have voted ‘‘nay’’ on to acknowledge that homelessness in portions is only a small step in the right direc- both. the United States has reached epidemic tion. We must, as Members of Congress and proportions. We must, as Members of as private citizens, take time to look beyond b 1920 Congress and as private citizens, take our own experiences so that we may fully un- The CHAIRMAN. Are there further time to look beyond our own experi- derstand the magnitude of their crisis. amendments to section 4? ence so that we may fully understand The majority in this new Congress has said AMENDMENTS OFFERED BY MR. CLAY the magnitude of the crisis. that the community at large can handle the Mr. CLAY. Mr. Chairman, I offer two The majority in this new Congress problem of homelessness. I respectfully dis- amendments, amendment No. 39 and have said the community at large can agree with my colleagues on the other side of amendment No. 41. handle this problem of homelessness. the aisle. As the chairperson of the task force The CHAIRMAN. The Clerk will des- Oh, I truly appreciate charitable insti- on homelessness for the city of Houston, I ignate the amendments. tutions in my district, but we all must have learned first hand that the Federal Gov- The text of the amendments is as fol- break the cycle of homelessness. The ernment must play a greater role in breaking lows: Children’s Defense Fund estimates over the cycle of poverty and homelessness. I have Amendments offered by Mr. CLAY: At the 5 million children go hungry at some great admiration for the charitable institutions end of paragraph (6) of section 4 strike ‘‘or’’, point during the month, and over 6 mil- of my district. However, even with the good- at the end of paragraph (7) strike the period lion children live in severely inad- heartedness of local communities, our cities and insert ‘‘; or’’, and add after paragraph (7) equate housing. Clearly a child’s nutri- cannot and should not be expected to respond the following: tional, educational, and overall general to a problem of this magnitude. (8) is necessary to protect children from health needs are all compromised when More importantly, no longer can we overlook hunger or homelessness. subjected to a life that shuffles them In section 422 of the Congressional Budget the fact that far too many children are affected Act of 1974, strike ‘‘or’’ at the end of para- from shelter to shelter. by hunger and homelessness. The Children's graph (6), strike the period and insert ‘‘; or’’, By ignoring the need for greater Fed- Defense Fund estimates that over 5 million at the end of paragraph (7), and add after eral involvement, we are placing more children go hungry at some point during the paragraph (7) the following: children at risk for abuse and neglect. month, and over 6 million children live in se- (8) is necessary to protect children from The time is now, and I am very grate- verely inadequate housing. Clearly, a child's huger or homelessness. ful to have joined with the gentleman nutritional, educational, and overall general Mr. CLAY. Mr. Chairman, I ask from Missouri in order to effect a bi- health needs are all compromised when sub- unanimous consent that the amend- partisan effort in fashioning a program jected to a life that shuffles them from shelter ments be considered en bloc. to address the issue of child hunger and to shelter. By ignoring the need for greater The CHAIRMAN. Is there objection homelessness that should not be elimi- Federal involvement, we are placing more chil- to the request of the gentleman from nated through unfunded mandates. dren at risk of abuse and neglect. Missouri? Although I support abolishing un- The time is nowÐwe must work together in There was no objection. funded mandates, I think we must pro- a bipartisan fashion in addressing the issue of The CHAIRMAN. The gentleman tect our children. I urge my colleagues child hunger and homelessness. We must from Missouri [Mr. CLAY] will be recog- to seriously consider the ramifications work together to assist our communities in nized for 5 minutes, and the gentleman this legislation will have on homeless their efforts. We must work to provide a co- from Pennsylvania [Mr. CLINGER] will children and their families. ordinated effort to create a system that will be recognized for 5 minutes. Realize that literally 10,000 homeless help move homeless people from the street, to The Chair recognizes the gentleman are in the city of Houston; 1,500 of transitional support, and then to permanent from Missouri [Mr. CLAY]. them are children; 150,000 are margin- housing. Mr. CLAY. Mr. Chairman, I am ally homeless, doubling up, living with I urge my colleagues to seriously consider pleased to offer these amendments families, friends, and relatives; 30,000 the ramifications that this legislation will have along with the gentlewoman from are children; 250,000 are at risk of be- on homeless children and their families. With- Texas [Ms. JACKSON-LEE]. coming homeless, living paycheck to out safeguards such as our amendment, we H 862 CONGRESSIONAL RECORD — HOUSE January 30, 1995 put at risk every program that is designed to Mr. Chairman, I yield back the bal- NOES—285 help the homeless and near homeless to self- ance of my time. Allard Gallegly Norwood sufficiency. Mr. CLINGER. Mr. Chairman, I yield Andrews Ganske Nussle I look forward to working with my colleagues back the balance of my time. Archer Gekas Ortiz Armey Geren Orton on this important issue and strongly urge their AMENDMENT OFFERED MS. JACKSON-LEE TO THE Bachus Gilchrest Oxley support for this amendment. AMENDMENTS OFFERED BY MR. CLAY Baesler Gillmor Packard Mr. CLINGER. Mr. Chairman, I yield Ms. JACKSON-LEE. Mr. Chairman, I Baker (CA) Goodlatte Parker myself such time as I may consume. Baker (LA) Goodling Paxon offer an amendment to the amend- Ballenger Gordon Payne (VA) Mr. Chairman, I rise in opposition to ments. Barcia Goss Peterson (FL) the gentleman’s amendments for the The Clerk read as follows: Barr Graham Peterson (MN) same reasons that I opposed the Barrett (NE) Greenwood Petri Amendment offered by Ms. JACKSON-LEE to Pickett amendment by the gentleman from Bartlett Gunderson the amendments offered by Mr. CLAY: Page 1, Barton Gutknecht Pombo Vermont. [Mr. SANDERS], the gen- line 1, insert ‘‘and adults’’ after ‘‘children.’’ Bass Hall (TX) Pomeroy Porter tleman from Pennsylvania [Mr. KAN- Bateman Hamilton The CHAIRMAN. The amendment to Portman JORSKI], and the gentlewoman from Bereuter Hancock the amendments offered by the gentle- Pryce Bevill Hansen New York [Mrs. MALONEY], all of which Quillen woman from Texas [Ms. JACKSON-LEE] Bilbray Harman dealt with some phase of children’s Quinn Bilirakis Hastings (WA) is not debatable. Radanovich concern. Bliley Hayes The question is on the amendment Rahall So I must oppose the amendments. Blute Hayworth offered by the gentlewoman from Texas Ramstad Mr. Chairman, I reserve the balance Boehlert Hefley [Ms. JACKSON-LEE] to the amendments Regula of my time. Boehner Heineman Riggs offered by the gentleman from Mis- Bonilla Herger Mr. CLAY. Mr. Chairman, I yield Roberts souri [Mr. CLAY]. Bono Hilleary Roemer such time as she may consume to the Boucher Hobson The question was taken; and the Rogers gentlewoman from California [Ms. ROY- Brewster Hoekstra Rohrabacher Chairman announced that the ayes ap- Browder Hoke BAL-ALLARD]. Ros-Lehtinen peared to have it. Brownback Horn Roth Ms. ROYBAL-ALLARD. Mr. Chair- Bryant (TN) Hostettler RECORDED VOTE Roukema man, on any given night there are 9,000 Bunn Houghton Royce hungry and homeless children in Cali- Ms. JACKSON-LEE. Mr. Chairman, I Bunning Hunter Salmon fornia. demand a recorded vote. Burr Hutchinson Sanford A recorded vote was ordered. Burton Hyde Saxton I rise in strong support of the Jack- Buyer Inglis Scarborough son-Lee/Clay amendments. The CHAIRMAN. This is a 15-minute Callahan Istook Schaefer Mr. CLAY. Mr. Chairman, I yield my- vote. Calvert Johnson (CT) Schiff self such time as I may consume. The Chair may reduce the next vote Camp Johnson, Sam Schumer to 5 minutes. Canady Jones Seastrand (Mr. CLAY asked and was given per- Castle Kanjorski Sensenbrenner mission to revise and extend his re- The vote was taken by electronic de- Chabot Kaptur Shadegg marks.) vice, and there were—ayes 142, noes 285, Chambliss Kasich Shaw Mr. CLAY. Mr. Chairman, I am not voting 7, as follows: Chapman Kelly Shays Chenoweth Kim Shuster pleased to offer this amendment along [Roll No 62] Christensen King Sisisky with the gentlewoman from Texas [Ms. AYES—142 Chrysler Kingston Skaggs JACKSON-LEE]. Sponsors of the un- Clement Klink Skeen Abercrombie Gephardt Oberstar Clinger Klug Skelton funded mandates bill wisely decided Ackerman Gibbons Obey Coble Knollenberg Smith (MI) that certain laws and regulations are Baldacci Gonzalez Olver Coburn Kolbe Smith (NJ) too vital to the national interest to be Barrett (WI) Green Owens Collins (GA) LaHood Smith (TX) Becerra Gutierrez Pallone subjected to the cost-benefit and proce- Combest Largent Smith (WA) Beilenson Hall (OH) Pastor Condit Latham Solomon dural hurdles mandated under this bill. Bentsen Hastings (FL) Payne (NJ) Cooley LaTourette Souder Berman Hilliard Pelosi The exclusions already in section 4 ac- Cox Lazio Spence Bishop Hinchey Poshard Cramer Leach Spratt knowledge that we should not engaged Bonior Holden Rangel Crane Lewis (CA) Stearns in cost-benefit analysis and procedural Borski Hoyer Reed Crapo Lewis (KY) Stenholm Brown (FL) Jackson-Lee Reynolds fights when it comes to civil rights, na- Cremeans Lightfoot Stockman Brown (OH) Jacobs Richardson tional emergencies, or international Cubin Lincoln Stump Bryant (TX) Jefferson Rivers Cunningham Linder Talent treaties. Cardin Johnson (SD) Rose Davis Livingston Tanner Well I think America’s children de- Clay Johnson, E. B. Roybal-Allard Deal LoBiondo Tate Clayton Johnston Rush serve the same protection from the DeLay Longley Tauzin Clyburn Kennedy (MA) Sabo cost-benefit analysis that lies at the Diaz-Balart Lucas Taylor (MS) Coleman Kennedy (RI) Sanders Taylor (NC) heart of this bill. The Federal Govern- Collins (IL) Kennelly Sawyer Dickey Luther Dicks Manzullo Tejeda ment has the responsibility to ensure Collins (MI) Kildee Schroeder Thomas Conyers Kleczka Scott Dooley Martini that the States protect America’s chil- Doolittle McCarthy Thornberry Costello LaFalce Serrano Thornton dren from malnutrition and homeless- Coyne Lantos Slaughter Dornan McCollum ness. A point of order should not stand Doyle McCrery Thurman Danner Laughlin Stark Tiahrt in the way of Federal laws that protect de la Garza Levin Stokes Dreier McDade Duncan McHugh Torkildsen our children. America’s children are at DeFazio Lewis (GA) Studds Torricelli DeLauro Lipinski Stupak Dunn McInnis least as important as international Edwards McIntosh Upton Dellums Lofgren Thompson Visclosky treaties. Deutsch Lowey Torres Ehlers McKeon Ehrlich McNulty Vucanovich One out of four children in this coun- Dingell Maloney Towns Waldholtz Dixon Manton Traficant Emerson Menendez try live in poverty. Millions of children English Metcalf Walker Doggett Markey Tucker Walsh go to bed at night hungry. Too many Durbin Martinez Velazquez Ensign Meyers Everett Mica Wamp children have no home to go to. The Engel Mascara Vento Watts (OK) Ewing Miller (FL) Eshoo Matsui Volkmer Weldon (FL) problems generated by the way this so- Fawell Minge Evans McDermott Ward Weller ciety treats children cross State lines; Fields (TX) Molinari Fattah McHale Waters White Flanagan Montgomery there are national problems that re- Fazio McKinney Watt (NC) Whitfield Foley Moorhead quire national solutions, as set forth in Fields (LA) Meehan Waxman Wicker Forbes Moran Filner Meek Williams Wilson Federal laws. There are housing prob- Fowler Morella Flake Mfume Wise Wolf lems that demand Federal solutions. Fox Murtha Foglietta Miller (CA) Woolsey Young (AK) Franks (CT) Myers When we consider laws designed to pro- Ford Mineta Wyden Young (FL) Franks (NJ) Myrick tect our children from these harms, let Frank (MA) Mink Wynn Zeliff Frost Moakley Yates Frelinghuysen Nethercutt Zimmer us not subject those laws to the obsta- Furse Mollohan Frisa Neumann cles created by this legislation. Gejdenson Nadler Funderburk Ney January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 863 NOT VOTING—7 Nadler Roybal-Allard Traficant Spratt Thornton Weldon (FL) Oberstar Rush Tucker Stearns Thurman Weller Brown (CA) Hastert Weldon (PA) Obey Sabo Velazquez Stenholm Tiahrt White Farr Hefner Olver Sanders Vento Stockman Torkildsen Whitfield Gilman Neal Ortiz Sawyer Volkmer Stump Torricelli Wicker b Owens Schroeder Ward Talent Upton Wilson 1946 Pallone Scott Waters Tanner Visclosky Wolf Messrs. THORNTON, MCDADE, and Pastor Serrano Watt (NC) Tate Vucanovich Young (AK) Payne (NJ) Slaughter Waxman Tauzin Waldholtz Young (FL) BEVILL changed their vote from ‘‘aye’’ Pelosi Stark Williams Taylor (MS) Walker Zeliff to ‘‘no.’’ Poshard Stokes Wise Taylor (NC) Walsh Zimmer Mr. BALDACCI changed his vote Rangel Studds Woolsey Thomas Wamp from ‘‘no’’ to ‘‘aye.’’ Reed Stupak Wyden Thornberry Watts (OK) Reynolds Tejeda Wynn So the amendment to the amend- Richardson Thompson Yates NOT VOTING—6 ments was rejected. Rivers Torres Brown (CA) Hefner Neal The result of the vote was announced Roemer Towns Hastert Houghton Weldon (PA) as above recorded. NOES—277 b 1954 PARLIAMENTARY INQUIRY Allard Fields (TX) McCollum Mr. VOLKMER. Mr. Chairman, I have Andrews Flanagan McCrery So the amendments were rejected. a parliamentary inquiry. Archer Foley McDade The result of the vote was announced Armey Forbes McHugh as above recorded. The CHAIRMAN. The gentleman will Bachus Fowler McInnis state it. Baesler Fox McIntosh The CHAIRMAN. Are there further Mr. VOLKMER. If the gentleman Baker (CA) Franks (CT) McKeon amendments to section 4? Baker (LA) Franks (NJ) McNulty from Missouri, myself, had an amend- Ballenger Frelinghuysen Metcalf AMENDMENTS OFFERED BY MR. CLAY ment to the amendment of the gen- Barr Frisa Meyers Mr. CLAY. Mr. Chairman, I offer two tleman from Missouri [Mr. CLAY], Barrett (NE) Funderburk Mica amendments, numbered 40 and 42, and I Bartlett Gallegly Miller (FL) would it now be in order to offer that Barton Ganske Minge ask unanimous consent that they be amendment to the amendment of the Bass Gekas Molinari considered en bloc. gentleman from Missouri? Bateman Geren Montgomery The CHAIRMAN. The Clerk will des- The CHAIRMAN. A nondebatable Bereuter Gilchrest Moorhead ignate the amendments. Bevill Gillmor Moran amendment could be offered. Bilbray Gilman Morella The text of the amendments is as fol- Mr. VOLKMER. Mr. Chairman, I do Bilirakis Goodlatte Murtha lows: Bliley Goodling Myers not plan to do it; I just wanted to be Amendments offered by Mr. CLAY: At the Blute Gordon Myrick sure. Boehlert Goss Nethercutt end of paragraph (6) of section 4 strike ‘‘or’’, The CHAIRMAN. The question is on Boehner Graham Neumann at the end of paragraph (7) strike the period the amendments offered by the gen- Bonilla Greenwood Ney and insert ‘‘; or’’, and add after paragraph (7) Bono Gunderson Norwood the following: tleman from Missouri [Mr. CLAY]. Brewster Gutknecht Nussle (8) is necessary to protect the health and The question was taken; and the Browder Hall (TX) Orton safety of those, including children and dis- Chairman announced that the noes ap- Brownback Hamilton Oxley couraged workers, who, through no fault of peared to have it. Bryant (TN) Hancock Packard Bunn Hansen Parker their own, receive welfare assistance. RECORDED VOTE Bunning Harman Paxon In section 422 of the Congressional Budget Mr. CLAY. Mr. Chairman, I de- Burr Hastings (WA) Payne (VA) Act of 1974, strike ‘‘or’’ at the end of para- manded a recorded vote. Burton Hayes Peterson (FL) graph (6), strike the period and insert ’’; or’’, Buyer Hayworth Peterson (MN) at the end of paragraph (7), and add after A recorded vote was ordered. Callahan Hefley Petri paragraph (7) the following: The CHAIRMAN. Pursuant to clause Calvert Heineman Pickett (8) is necessary to protect the health and 2(c) of rule XXIII this will be a 5- Camp Herger Pombo Canady Hilleary Pomeroy safety of those, including children and dis- minute vote. Castle Hobson Porter couraged workers, who, through no fault of The vote was taken by electronic de- Chabot Hoekstra Portman their own, receive welfare assistance. vice, and there were—ayes 151, noes 277, Chambliss Hoke Pryce The CHAIRMAN. Is there objection Chapman Horn Quillen not voting 6, as follows: Chenoweth Hostettler Quinn to the request of the gentleman from [Roll No 63] Christensen Hunter Radanovich Missouri [Mr. CLAY] that the amend- Chrysler Hutchinson Rahall ments numbered 40 and 42 be consid- AYES—151 Clinger Hyde Ramstad Abercrombie Dingell Johnson, E. B. Coble Inglis Regula ered en bloc? Ackerman Dixon Johnston Coburn Istook Riggs There was no objection. Baldacci Doggett Kennedy (MA) Collins (GA) Johnson (CT) Roberts The CHAIRMAN. The gentleman Barcia Durbin Kennedy (RI) Combest Johnson, Sam Rogers from Missouri [Mr. CLAY] will be recog- Barrett (WI) Engel Kennelly Condit Jones Rohrabacher Becerra Eshoo Kildee Cooley Kanjorski Ros-Lehtinen nized for 5 minutes, and the gentleman Beilenson Evans Kleczka Cox Kaptur Rose from Pennsylvania [Mr. CLINGER] will Bentsen Farr LaFalce Cramer Kasich Roth be recognized for 5 minutes. Berman Fattah Lantos Crane Kelly Roukema Bishop Fazio Levin Crapo Kim Royce The Chair recognizes the gentleman Bonior Fields (LA) Lewis (GA) Cremeans King Salmon from Pennsylvania [Mr. CLINGER]. Borski Filner Lipinski Cubin Kingston Sanford Mr. CLAY. Mr. Chairman, I yield my- Boucher Flake Lofgren Cunningham Klink Saxton self such time as I may consume. Brown (FL) Foglietta Lowey Davis Klug Scarborough Brown (OH) Ford Luther Deal Knollenberg Schaefer Mr. Chairman, this amendment adds Bryant (TX) Frank (MA) Maloney DeLay Kolbe Schiff a much needed exemption to this bill. Cardin Frost Manton Diaz-Balart LaHood Schumer It provides that this act shall not apply Clay Furse Markey Dickey Largent Seastrand Clayton Gejdenson Martinez Dooley Latham Sensenbrenner to Federal laws or regulations that Clement Gephardt Mascara Doolittle LaTourette Shadegg protect the health and welfare of chil- Clyburn Gibbons Matsui Dornan Laughlin Shaw dren, discouraged workers, and others, Coleman Gonzalez McCarthy Doyle Lazio Shays who, through no fault of their own, Collins (IL) Green McDermott Dreier Leach Shuster Collins (MI) Gutierrez McHale Duncan Lewis (CA) Sisisky need welfare assistance. Conyers Hall (OH) McKinney Dunn Lewis (KY) Skaggs We as a nation have a duty to ensure Costello Hastings (FL) Meehan Edwards Lightfoot Skeen that no one is left without the means Coyne Hilliard Meek Ehlers Lincoln Skelton Danner Hinchey Menendez Ehrlich Linder Smith (MI) to provide for the basic necessities of de la Garza Holden Mfume Emerson Livingston Smith (NJ) life. In a society as wealthy as ours, we DeFazio Hoyer Miller (CA) English LoBiondo Smith (TX) have a moral responsibility to lend aid DeLauro Jackson-Lee Mineta Ensign Longley Smith (WA) to the most vulnerable members of our Dellums Jacobs Mink Everett Lucas Solomon Deutsch Jefferson Moakley Ewing Manzullo Souder society, including those who cannot Dicks Johnson (SD) Mollohan Fawell Martini Spence find decent work for decent pay. H 864 CONGRESSIONAL RECORD — HOUSE January 30, 1995 Our Nation’s unemployment rate is ment relating to safety, and the sev- Kleczka Mineta Scott 1 LaFalce Mink Serrano approximately 5 ⁄2 percent, and while enth amendment relating to child wel- Lantos Moakley Slaughter that rate signifies better times for fare. Levin Mollohan Stark many, it still leaves almost 8 milion The reason these amendments went Lewis (GA) Nadler Stokes unemployed. Hidden from that number down, they were all voted down with Lipinski Oberstar Studds Lofgren Olver Stupak are half a million others who no longer solid bipartisan votes, the last one was Lowey Ortiz Tejeda are counted as unemployed because 277 to 155, is that the bill before us in Luther Owens Thompson they have given up hope of finding no way precludes Congress from acting Maloney Pallone Torres gainful employment. They have be- Manton Pastor Towns responsibly in these areas to protect Markey Payne (NJ) Traficant come discouraged workers. the very important national interests Martinez Pelosi Tucker There are tens of millions of others, that are the subject of these amend- Mascara Poshard Velazquez including children, the aged, and the ments. Matsui Rangel Vento McCarthy Reed Volkmer infirm, who cannot work. They don’t Mr. CLAY. Mr. Chairman, I yield my- McDermott Reynolds Ward have organized lobbyists pressing their self such time as I may consume. McHale Richardson Waters case before Congress. They don’t have I have no further requests for time, McKinney Rivers Watt (NC) the resources to contribute to political Meehan Rush Williams Mr. Chairman. One of the reasons that Meek Sabo Woolsey campaigns. And, too often, when they those amendments have been going Menendez Sanders Wyden are not being ignored and forgotten, down is precisely what I said in my re- Mfume Sawyer Wynn they are being blamed for cir- marks, that the people that we are at- Miller (CA) Schroeder Yates cumstances which are as much of our tempting to protect here do not have NOES—284 making as their own. The best way to the benefit of lobbyists and other orga- Allard Dunn Kolbe protect these vulnerable members of nizational protections on their side. It Andrews Ehlers LaHood our society from the onerous and cost- does not have to be that it is a biparti- Archer Ehrlich Largent benefit provisions under this bill is to san effort that is defeating this. It is a Armey Emerson Latham shield them from these provisions. Bachus English LaTourette lack of compassion, in my opinion, on Baesler Ensign Laughlin I disagree with those who claim that the part of some who do not realize the Baker (CA) Everett Lazio this welfare crisis is the fault of the suffering of the people that we are try- Baker (LA) Ewing Leach poor. We have a minimum wage today Baldacci Fawell Lewis (CA) ing to exempt. Ballenger Fields (TX) Lewis (KY) that does not support a family of three Mr. Chairman, I have no further re- Barr Flanagan Lightfoot above the poverty line. We have a fis- quests for time, and I yield back the Barrett (NE) Foley Lincoln cal policy that encourages unemploy- balance of my time. Bartlett Forbes Linder ment to curb inflation. We have a trade Barton Fowler Livingston Mr. CLINGER. Mr. Chairman, I yield Bass Fox LoBiondo policy that encourages the exporting of myself such time as I may consume. Bentsen Franks (CT) Longley low skilled jobs. Just in closing, I would say that I Bereuter Franks (NJ) Lucas Bevill Frelinghuysen Manzullo Solving this crisis is the greatest think the reason that those amend- challenge we face today. Bilbray Frisa Martini ments have gone down is not for the Bilirakis Frost McCollum Without my amendment, H.R. 5 will reason the gentleman stated but be- Bliley Funderburk McCrery discourage the Congress from meeting Blute Gallegly McDade cause the majority of this body recog- Boehlert Ganske McHugh its moral and constitutional respon- nized that all of the interest groups sibilities to ‘‘provide for the general Boehner Gekas McInnis that have been the subject of these Bonilla Geren McIntosh welfare’’ of the poor, the infirm, and amendments are not going to be af- Bono Gilchrest McKeon the helpless. While the Federal Govern- Boucher Gillmor McNulty fected by this law adversely. ment clearly has a large role in solving Brewster Gilman Metcalf Mr. Chairman, I yield back the bal- Browder Goodlatte Meyers the welfare crisis, State and local gov- ance of my time. Brown (OH) Goodling Mica ernments have significant responsibil- The CHAIRMAN. The question is on Brownback Gordon Miller (FL) ities as well. We, as elected Represent- Bryant (TN) Goss Minge the amendments offered by the gen- atives to the national Government, are Bunn Graham Molinari tleman from Missouri [Mr. CLAY] Bunning Greenwood Montgomery ultimately responsible for ensuring The question was taken; and the Burr Gunderson Moorhead that governments at all levels meet Burton Gutknecht Moran Chairman announced that the noes ap- their responsibilities to the weak and Buyer Hall (TX) Morella peared to have it. Callahan Hamilton Murtha the poor. Calvert Hancock Myers Hubert Humphrey said ‘‘The moral RECORDED VOTE Camp Hansen Myrick test of government is how it treats Mr. CLAY. Mr. Chairman, I demand a Canady Harman Nethercutt those in the dawn of life—the children; recorded vote. Cardin Hastings (WA) Neumann Castle Hayes Ney those in the twilight of life—the old; A recorded vote was ordered. Chabot Hayworth Norwood those in the shadow of life—the sick The vote was taken by electronic de- Chambliss Hefley Nussle and the handicapped.’’ To adopt H.R. 5 vice, and there were—ayes 138, noes 284, Chapman Heineman Obey not voting 12, as follows: Chenoweth Herger Orton without this amendment is to turn our Christensen Hilleary Oxley backs on our highest responsibility. [Roll No 64] Chrysler Hobson Packard Clinger Hoekstra Parker Mr. Chairman, I urge adoption of the AYES—138 amendment. Coble Hoke Paxon Abercrombie Danner Ford Coburn Holden Payne (VA) Mr. CLINGER. Mr. Chairman, I must Ackerman de la Garza Frank (MA) Collins (GA) Horn Peterson (FL) oppose this amendment for the reasons Barcia DeFazio Furse Combest Hostettler Peterson (MN) that have been repeated here so often Barrett (WI) DeLauro Gejdenson Condit Houghton Petri Becerra Dellums Gephardt Cooley Hunter Pickett this evening and over the last 5 days. Beilenson Deutsch Gibbons Cox Hutchinson Pombo Mr. Chairman, I yield 1 minute to the Berman Dicks Gonzalez Cramer Hyde Pomeroy gentleman from Ohio [Mr. PORTMAN]. Bishop Dingell Green Crane Inglis Porter Bonior Dixon Gutierrez Crapo Istook Portman b 2000 Borski Doyle Hall (OH) Cremeans Johnson (CT) Pryce Brown (FL) Durbin Hastings (FL) Cunningham Johnson (SD) Quillen Mr. PORTMAN. Mr. Chairman, it will Bryant (TX) Edwards Hinchey Davis Johnson, Sam Quinn not come as a surprise that I rise again Clay Engel Jackson-Lee Deal Jones Radanovich to oppose yet another amendment ex- Clayton Eshoo Jacobs DeLay Kaptur Rahall Clement Evans Jefferson Diaz-Balart Kasich Ramstad cluding whole areas of the law from the Clyburn Farr Johnson, E.B. Dickey Kelly Regula very reasonable cost analysis provided Coleman Fattah Johnston Doggett Kim Riggs in the legislation, H.R. 5. Collins (IL) Fazio Kanjorski Dooley King Roberts It might be of interest to know this Collins (MI) Fields (LA) Kennedy (MA) Doolittle Kingston Roemer Conyers Filner Kennedy (RI) Dornan Klink Rogers is the eighth amendment to section 4 Costello Flake Kennelly Dreier Klug Rohrabacher relating to health, the fifth amend- Coyne Foglietta Kildee Duncan Knollenberg Ros-Lehtinen January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 865 Rose Smith (NJ) Torkildsen Mr. CLAY. That is correct. One of the safest possible environment in Roth Smith (TX) Torricelli Roukema Smith (WA) Upton the reasons I might say to the gen- which to learn. That means clean Royce Solomon Visclosky tleman that it is necessary for us to water to drink, clean air to breathe. It Salmon Souder Vucanovich offer these amendments on the floor is means not being exposed to asbestos, Sanford Spence Waldholtz that individuals who were going to lead and radon. Exposure to these con- Saxton Spratt Walker Scarborough Stearns Walsh offer them in committee were pre- taminants is making our children sick Schaefer Stenholm Wamp cluded from offering those amend- from one end of this Nation to the Schiff Stockman Weldon (FL) ments. There were no public hearings other. As many as 15 million children Schumer Stump Weller on these and, as I understand, only one Seastrand Talent White attend more than 44,000 schools con- Sensenbrenner Tanner Whitfield public witness was permitted to tes- taining friable asbestos. Children who Shadegg Tate Wicker tify. That is why we are going through are exposed to asbestos on a daily basis Shaw Tauzin Wilson the procedure that we are going Shays Taylor (MS) Wise are up to 10 times more likely to de- Shuster Taylor (NC) Wolf through, and Members of Congress who velop lung cancer and other diseases Sisisky Thomas Young (AK) want to be heard on important issues than an adult. Skaggs Thornberry Young (FL) like this have to and are forced to rely The terrible effects that lead expo- Skeen Thornton Zeliff on these kinds of procedures. Skelton Thurman Zimmer sure has on children have been well- Smith (MI) Tiahrt Mr. VOLKMER. Mr. Chairman, with documented. They are much more vul- that understanding, and with the clear nerable to lead exposure that adults NOT VOTING—12 understanding that the gentleman by and lead-related losses of intellectual Bateman Hefner Roybal-Allard offering these amendments en bloc is capacity is irreversible. Lead exposure Brown (CA) Hilliard Watts (OK) not trying to delay the progress of this can damage the brain and the central Cubin Hoyer Waxman bill, I withdraw my reservation. Hastert Neal Weldon (PA) nervous system. It is estimated, Mr. Mr. CHAIRMAN. Is there objection to Chairman, that 3 million children, one b 2017 the request of the gentleman from Mis- out of every six, have significant blood souri? Mr. WISE changed his vote from lead levels. There was no objection. ‘‘aye’’ to ‘‘no.’’ The Centers for Disease Control So the amendments were rejected. The CHAIRMAN. The Clerk will des- ignate the amendments. found that 67 percent of the children The result of the vote was announced tested in Oakland schools were lead as above recorded. The text of the amendments is as fol- lows: poisoned. Sixty percent of low-income The CHAIRMAN. Are there further children tested in Chicago were lead- amendments to section 4? Amendments offered by Mr. CLAY: At the end of paragraph (6) of section 4 strike ‘‘or’’, poisoned. In Philadelphia, 29 percent of PERSONAL EXPLANATION at the end of paragraph (7) strike the period the children tested at inner-city hos- Ms. ROYBAL-ALLARD. Mr. Chair- and insert ‘‘; or’’, and add after paragraph (7) pital emergency rooms had blood levels man, I was unavoidably detained dur- the following: (8) is necessary to protect that were 50 percent above the lead poi- ing rollcall No. 64. Had I been present I school children from exposure to dangerous soning threshold. Six Midwestern would have voted ‘‘aye.’’ conditions in schools, including exposure to States alone have close to 200,000 chil- asbestos and lead paint. dren who suffer from lead poisoning. AMENDMENTS OFFERED BY MR. CLAY In section 422 of the Congressional Budget Mr. CLAY. Mr. Chairman, I offer two Act of 1974, strike ‘‘or’’ at the end of para- Finally, Mr. Chairman, my amend- amendments which are numbered 43 graph (6), strike the period and insert ‘‘; or’’, ment addresses the issue of radon. This and 44, and I ask unanimous consent at the end of paragraph (7), and add after is a radioactive gas which has been paragraph (7) the following: (8) is necessary linked to numerous lung cancer deaths. that they be considered en bloc. to protect school children from exposure to The CHAIRMAN. Is there objection Young people are more susceptible dangerous conditions in schools, including than adults to the risks of cancer to the request of the gentleman from exposure to asbestos and lead paint. Missouri? caused by radon, and the sad reality is The CHAIRMAN. The gentleman that the source of much of this radon is Mr. VOLKMER. Reserving the right from Missouri [Mr. CLAY] will be recog- to object, Mr. Chairman, and I do not in the public schools. Half of the nized for 5 minutes, and a Member op- schools recently surveyed by the EPA plan to object, but I rise to ask the posed, the gentleman from Pennsylva- gentleman from Missouri [Mr. CLAY] to contained radon that exceeded accept- nia [Mr. CLINGER] will be recognized for able levels. explain briefly why he is wishing to put 5 minutes. Mr. Chairman, if that notorious these amendments en bloc, together. The Chair recognizes the gentleman butcher of Baghdad, Saddam Hussein, Mr. CLAY. Mr. Chairman, will the from Missouri [Mr. CLAY]. invaded our country and contaminated gentleman yield? Mr. CLAY. Mr. Chairman, I yield my- our schools with poisonous levels of Mr. VOLKMER. I yield to the gen- self such time as I may consume. lead, asbestos and radon, we would be tleman from Missouri. (Mr. CLAY asked and was given per- Mr. CLAY. Mr. Chairman, I thank mission to revise and extend his re- up in arms. It is no less of a threat be- the gentleman for yielding to me. marks.) cause it is happening unintentionally. Mr. Chairman, I would just say this Mr. CLAY. Mr. Chairman, this All unfunded mandates are not inher- is a very important amendment that amendment exempts from the require- ently bad. Some of them are worth would exempt the schoolchildren of ments of the unfunded mandates bill standing up and fighting for. To me an this Nation, some 44,000 of them who protections for children from exposure unfunded mandate that rids our are suffering from or endangered by as- to environmental hazards in school. schools of poison is worth that fight. bestos. We have heard an awful lot these Mr. Chairman, I urge my colleagues Mr. VOLKMER. Mr. Chairman, fur- past few days about concerns Members to stand up for children and our future ther reserving the right to object, the have about the future and especially and support this amendment. gentleman has two amendments to two about the future of our young people. Mr. Chairman, I reserve the balance sections or titles of the bill. We have been told that we have to re- of my time. duce the deficit because if we do not, Mr. CLINGER. Mr. Chairman, I yield b 2020 our children and grandchildren will myself such time as I may consume. Mr. CLAY. Yes, one of them is purely bear a terrible price. I rise in opposition to this amend- a technical amendment. I think this concern about our young ment as well. But I want to first of all Mr. VOLKMER. But if the gentleman and their future is legitimate. The express my appreciation to the other really wanted to delay this bill, he amendment I offer goes right to the side and the gentleman for the expedi- could not offer to put them together heart of that concern. tious way in which we handled the pre- and could offer them separately as the This amendment is a children’s pro- vious amendment without an amend- bill progresses as other Members could tection amendment. It is based on the ment to the amendment and also to the have done who have put their amend- simplest of objectives, namely that our gentleman for offering his amendments ments together; is that correct? children within the classroom deserve en bloc. I think that is very helpful. H 866 CONGRESSIONAL RECORD — HOUSE January 30, 1995 But again I would oppose the amend- we will be debating points of order [Roll No. 65] ment because of the reasons previously under the legislation, children will AYES—127 stated. continue to be exposed to life-threaten- Abercrombie Foglietta Nadler Mr. Chairman, I yield such time as he ing conditions. Under the language of Ackerman Ford Oberstar may consume to the gentleman from this bill, we will not be able to reau- Barcia Frost Owens Becerra Furse Pallone Virginia [Mr. DAVIS]. thorize legislation to protect the chil- Beilenson Gejdenson Pastor Mr. DAVIS. Mr. Chairman, I thank dren if we do not pass this kind of leg- Bentsen Gephardt Payne (NJ) my colleague from Pennsylvania for islation without going through the dil- Berman Gibbons Pelosi yielding me the time. atory kinds of things that are required Bishop Gonzalez Rangel Bonior Green Reynolds Mr. Chairman, first of all by defeat- and the time-consuming estimation of Borski Gutierrez Richardson ing this amendment, we do not affect costs. We will not be able to reauthor- Brown (FL) Hall (OH) Rivers in any way the current law and current ize those protections that we now have Bryant (TX) Hastings (FL) Rose regulations affecting lead paint or as- Cardin Hilliard Roybal-Allard in the law for children who are exposed Clay Hinchey Rush bestos. Those regulations, those rules, to these kinds of contaminants. Clayton Hoyer Sabo stay intact. This amendment does not I urge my colleagues to support the Clement Jackson-Lee Sanders even prohibit this House or this Con- amendment. Clyburn Jefferson Sawyer gress from affecting future mandates Coleman Johnson, E.B. Schroeder Mr. VOLKMER. Mr. Chairman, will Collins (IL) Johnston Scott and future laws governing these areas the gentleman yield? Collins (MI) Kennedy (MA) Serrano as well. We maintain that flexibility. Mr. CLAY. I yield to the gentleman Conyers Kennedy (RI) Slaughter All we do is we get those costs in front Costello Kennelly Stark from Missouri. Coyne Kildee Stokes of us before we act, so that we can un- Mr. VOLKMER. Mr. Chairman, in lis- de la Garza LaFalce Studds derstand what the true costs of the reg- tening to the gentleman and the gen- DeLauro Lantos Stupak ulations are going to be before we send tleman on the other side, I come to a Dellums Levin Thompson the bills down to our State and local Deutsch Lewis (GA) Thornton conclusion that concerns me a great Dicks Lofgren Torricelli governments who are going to have to deal. That is, under the provisions of Dingell Lowey Towns carry them out. the bill which is said that if a reau- Dixon Manton Tucker Let me give a couple of examples of thorization for one of these matters Doggett Markey Velazquez how sometimes the best intentions Doyle Martinez Vento comes up and it costs a certain Durbin Mascara Volkmer from this body end up having the oppo- amount, that it is very likely that Edwards McDermott Waters site effect that we intend by the time those people who are now voting Engel McKinney Watt (NC) they filter down to the State and local Eshoo Meehan Waxman against children and the handicapped Evans Meek Williams governments who we are supposedly and everybody else, that they probably Farr Menendez Woolsey trying to work with and help. would not vote in the future for those Fattah Mfume Wyden On asbestos removal we had a project same people, and as a result you would Fazio Miller (CA) Wynn over in my county and it cost the coun- Fields (LA) Mineta Yates not see anything. Is that your concern? Filner Mink ty $7 million in renovations of an old Flake Moakley school because of the asbestos removal, b 2030 NOES—297 that we had originally hoped to put up Mr. CLAY. I agree; that is my con- Allard Collins (GA) Goodling as a senior citizens activity center and cern. a home for the elderly. But the costs Andrews Combest Gordon The CHAIRMAN. The time of the Archer Condit Goss became very, very high in stretching gentleman from Missouri [Mr. CLAY] Armey Cooley Graham that out. In one case we were able to has expired. Bachus Cox Greenwood build the center. In the other we had to Baesler Cramer Gunderson Mr. CLINGER. Mr. Chairman, I yield abandon our plans to build housing for Baker (CA) Crane Gutknecht 1 minute to the gentleman from Okla- Baker (LA) Crapo Hall (TX) seniors. We could not do it because the homa [Mr. COBURN]. Baldacci Cremeans Hamilton costs were so great that had been sent Ballenger Cubin Hancock Mr. COBURN. Mr. Chairman, I rise in down to us. Barr Cunningham Hansen opposition to this amendment for the Barrett (NE) Danner Harman Asbestos removal, unleaded paint, we very clear reason that had this bill Barrett (WI) Davis Hastings (WA) will have the flexibility under this law been in fact in force, the problems with Bartlett Deal Hayes to move ahead, but the unintended ef- Barton DeFazio Hayworth asbestos removal as we know today fects have been that we have put un- Bass DeLay Hefley would not be there. We have in fact Bereuter Diaz-Balart Heineman told costs on localities, we have made come close to $100 billion in the costs Bevill Dickey Herger construction of homeless shelters, sen- Bilbray Dooley Hilleary ior housing, community centers too ex- associated with asbestos removal. Bilirakis Doolittle Hobson There are some very significant stud- Bliley Dornan Hoekstra pensive in many cases because of these Blute Dreier Hoke removal costs that we have put onto ies now coming forth in the medical community that would say that we Boehlert Duncan Holden the localities. So in an adverse and un- Boehner Dunn Horn intended way, instead of protecting our have in fact increased the risks to the Bonilla Ehlers Hostettler children, it hampers local and State children through our removal programs Bono Ehrlich Houghton with asbestos rather than decreased Boucher Emerson Hunter governments’ ability to provide these Brewster English Hutchinson services. their risks. As a physician, my concern Browder Ensign Hyde I have been in local government for is for the children in the schools and Brown (OH) Everett Inglis the results of that. Brownback Ewing Istook 15 years, Mr. Chairman. This sounds Bryant (TN) Fawell Jacobs great but I can tell you it holds so Mr. CLINGER. Mr. Chairman, I yield Bunn Fields (TX) Johnson (CT) many unintended consequences that back the balance of my time. Bunning Flanagan Johnson (SD) have the adverse effects that work con- The CHAIRMAN. The question is on Burr Foley Johnson, Sam the amendments offered by the gen- Burton Forbes Jones trary to how we want them to by the Buyer Fowler Kanjorski time it gets down to local govern- tleman from Missouri [Mr. CLAY]. Callahan Fox Kaptur ments. The question was taken; and the Calvert Frank (MA) Kasich Chairman announced that the noes ap- Camp Franks (CT) Kelly I think this is an amendment that Canady Franks (NJ) Kim should be defeated. peared to have it. Castle Frelinghuysen King Mr. CLINGER. Mr. Chairman, I re- RECORDED VOTE Chabot Frisa Kingston Chambliss Funderburk Kleczka serve the balance of my time. Mr. CLAY. Mr. Chairman, I demand a Chapman Gallegly Klink Mr. CLAY. Mr. Chairman, I yield my- recorded vote. Chenoweth Gekas Klug self such time as I may consume. A recorded vote was ordered. Christensen Geren Knollenberg Mr. Chairman, this amendment is im- The vote was taken by electronic de- Chrysler Gilchrest Kolbe Clinger Gillmor LaHood portant. Without the kind of protec- vice, and there were—ayes 127, noes 297, Coble Gilman Largent tion that this amendment offers, while not voting 10, as follows: Coburn Goodlatte Latham January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 867 LaTourette Ortiz Skeen little voice sometimes in the halls of rounding the inability to control the costs of Laughlin Orton Skelton Lazio Oxley Smith (MI) Congress. The Medicaid program ful- health care and the continual increase in the Leach Packard Smith (NJ) fills a promise to provide much needed number of people who are not covered by in- Lewis (CA) Parker Smith (TX) health services to over 20 million surance. I am not unsympathetic to their frus- Lewis (KY) Paxon Smith (WA) Americans. This is a promise that must Lightfoot Payne (VA) Solomon trations. What I fear, though, is the notion that Lincoln Peterson (FL) Souder be honored. Without question, we must Medicaid could crumble under the tide of pro- Linder Peterson (MN) Spence reduce waste and inefficiency in this grams that are unable to be fully funded. Lipinski Petri Spratt program. I support that. I want effi- Livingston Pickett Stearns The success of this program is directly tied LoBiondo Pombo Stenholm ciency and no waste. But I fear that as to the idea of cost-sharing between the Fed- Longley Pomeroy Stockman we visit this legitimate concern this eral Government and the States and localities. Lucas Porter Stump Congress will use a tactic of not fully It is not an unrealistic idea to expect the Maloney Portman Talent funding the program as an excuse to Manzullo Poshard Tanner States to financially contribute to a program Martini Pryce Tate extremely limit its scope and poten- which serves the needs of its citizens. The Matsui Quillen Tauzin tial. In effect, such tactics could even States should realize that Medicare is an in- McCollum Quinn Taylor (MS) serve to paralyze the program under McCrery Radanovich Taylor (NC) vestment into the value of the health of its McDade Rahall Tejeda the current unfunded mandates legisla- people. Healthier citizens translates into more McHale Ramstad Thomas tion. hours worked on the job, more income gen- McHugh Reed Thornberry Medicaid serves the crucial health erated, and higher productivity rates. In sum, McInnis Regula Thurman needs of children, disabled adults, fam- McIntosh Riggs Tiahrt everyone in the State becomes better served McKeon Roberts Torkildsen ilies and the elderly, all of whom may when the health of its residents becomes a McNulty Roemer Torres be indigent. I do not expect this to be Metcalf Rogers Traficant priority. a popular issue, yet it is one that can- Let us today make the health of America's Meyers Rohrabacher Upton not be ignored. Mica Ros-Lehtinen Visclosky economically disadvantaged a national priority Many State Governors have voiced Miller (FL) Roth Vucanovich and vote in favor of the Jackson-Lee amend- Minge Roukema Waldholtz dissatisfaction with the Medicaid pro- ment to H.R. 5. Molinari Royce Walker gram. I want to work with them to Mollohan Salmon Walsh Mr. Chairman, I reserve the balance make it better. I think their dis- Montgomery Sanford Wamp of my time. Moorhead Saxton Watts (OK) satisfaction stems from the frustration Mr. CLINGER. Mr. Chairman, I yield Moran Scarborough Weldon (FL) surrounding the inability to control Morella Schaefer Weller myself such time as I may consume. the costs of health care and the contin- Murtha Schiff White Mr. Chairman, I must rise in opposi- ued increase in the number of people Myers Schumer Whitfield tion to the gentlewoman’s amendment. Myrick Seastrand Wicker who are not covered by insurance. This is a sweeping amendment which Nethercutt Sensenbrenner Wilson What I fear though, is the notion Neumann Shadegg Wise would exempt all of Medicaid from any that Medicaid could crumble under the Ney Shaw Wolf future consideration of what the costs Norwood Shays Young (AK) tide of programs that are unable to be might be. Nussle Shuster Young (FL) fully funded. The success of this pro- Obey Sisisky Zeliff But again I would stress it is not in Olver Skaggs Zimmer gram is directly tied to the idea of cost sharing between the Federal Govern- any sense retroactive, will not affect NOT VOTING—10 ment, States and localities. We cannot Medicare or Medicaid as it exists Bateman Hefner Ward let the indigent down. It is not an un- today. Brown (CA) Luther Weldon (PA) realistic idea to expect the States to fi- Mr. Chairman, I yield such time as he Ganske McCarthy may consume to a Member who has had Hastert Neal nancially contribute to a program a great many dealings with this mat- b 2047 which serves the health needs of its citizens. ter, the gentleman and former gov- Messrs. MOLLOHAN, BALDACCI, The States should realize that Medic- ernor from Delaware, Mr. CASTLE. and OLVER changed their vote from aid is an investment into the value of Mr. CASTLE. Mr. Chairman, I thank ‘‘aye’’ to ‘‘no.’’ the health of its people and Medicaid the gentleman for yielding to me. So the amendments were rejected. helps to serve the indigent. Healthier Mr. Chairman, I have listened care- The result of the vote was announced citizens translate into to more hours fully to the argument of the gentle- as above recorded. worked on the job, if able, more income woman from Texas. She makes, I The CHAIRMAN. Are there further generated and higher productivity rate. think, some valid points. But the bot- amendments to section 4? In sum, everyone in the State be- tom line is that of all the unfunded AMENDMENT OFFERED BY MS. JACKSON-LEE comes better served when the health of mandates that probably are a source of Ms. JACKSON-LEE. Mr. Chairman, I its residents, including the indigent, a problem for the governors of the var- offer an amendment. becomes a priority. ious States and some local officials, The CHAIRMAN. The Clerk will des- Let us today make the health of Medicaid probably tops the list. As the ignate the amendment. America’s economically disadvantaged gentlewoman has stated so clearly, The text of the amendment is as fol- a national priority and vote in favor of there is a great deal of dissatisfaction lows: the Jackson-Lee amendment to H.R. 5. with this program as it comes from Amendment offered by Ms. JACKSON-LEE: Mr. Chairman, the Medicaid program fulfills Washington. There is huge inflexibility In section 4, strike ‘‘or’’ after the semicolon a promise to provide much needed services to in the Medicaid program as you deal at the end of paragraph (6), strike the period over 20 million Americans. This is a promise with the indigent, long-term care. at the end of paragraph (7) and insert ‘‘; or’’, There are a lot of problems that need and after paragraph (7) add the following new that must be honored. Without question, we paragraph: must reduce waste inefficiency within this pro- to be addressed, that we are asked to (8) pertains to Medicaid. gram. But I fear that as we visit this legitimate address more than possibly could be. The CHAIRMAN. The gentlewoman concern, this Congress will use the tactic of This is a shared program with the States depending on the wealth of the from Texas [Ms. JACKSON-LEE] will be not fully funding the program as an excuse to recognized for 5 minutes, and the gen- extremely limit its scope and potential. In ef- States. It is a budget breaker. tleman from Pennsylvania [Mr. fect, such tactics could even serve to paralyze There is tremendous inflation built CLINGER] will be recognized for 5 min- the program under the current unfunded man- into Medicaid to begin with, probably utes in opposition. dates legislation. Medicaid serves the crucial more than any other Federal program The Chair recognizes the gentle- health needs of indigent children, disabled citi- that exists out there. In addition to woman from Texas [Ms. JACKSON-LEE]. zens, indigent families and indigent elderly. that, you add the new coverage to it I do not expect this to be a popular issue, and you mandate it back to the States, b 2050 yet it is one that cannot be ignored. Many and governors trying to put together Ms. JACKSON-LEE. Mr. Chairman, I State Governors have voiced their dissatisfac- their budgets have one after another offer this amendment because for those tion with the Medicaid program. I think their gone broke dealing with this particular who are the least among us, they have dissatisfaction stems from the frustrations sur- issue. The medical needs in particular H 868 CONGRESSIONAL RECORD — HOUSE January 30, 1995 differ by States. Some States need to Mr. Chairman, I respect the gen- The vote was taken by electronic de- take care of children because they are tleman from Delaware [Mr. CASTLE] vice, and there were—ayes 131, noes 295, not doing a very good job. Other States and appreciate that sometimes we not voting 8, as follows: have particular procedures they are must fix a broken system. I welcome [Roll No. 66] concerned about. The States may be that. But I clearly think that as the AYES—131 adjusting some of these procedures by States begin to address this issue of Abercrombie Gephardt Owens a charity or some other way, and yet Medicaid they must look into the nurs- Ackerman Gibbons Pallone the Federal Government comes along ing homes of this Nation and look at Becerra Gonzalez Pastor and mandates that this is ‘‘what you the indigent elderly who have no one to Beilenson Green Payne (NJ) must do.’’ It adds to the cost unneces- Berman Gutierrez Pelosi speak on their behalf but this Congress Bishop Hall (OH) Poshard sarily. It is very much like the Safe who can protect a Medicaid system Bonior Hastings (FL) Rangel Drinking Water Act and others which that can be fixed. I support fixing the Borski Hinchey Reed are getting to the point beyond the Medicaid system, but I am clearly con- Brown (FL) Hoyer Reynolds Brown (OH) Jackson-Lee Rivers reasonable in the requests that we are cerned about the potential of not hav- Bryant (TX) Jefferson Rose making back to the States. ing a system to protect the indigent el- Clay Johnson, E. B. Roybal-Allard I think it also important to assert derly and the children in need, the in- Clayton Johnston Rush the arguments made all along here on Clement Kanjorski Sabo digent poor, as health care is some- Clyburn Kennedy (MA) Sanders the other amendments which we have thing we have advocated in this Con- Coleman Kennedy (RI) Schroeder heard. We are not going back and gress and yet today we are asking for Collins (IL) Kennelly Schumer undoing anything at this point. In time those individuals to be abandoned. Collins (MI) Kildee Scott of real need we could waive a point of Conyers LaFalce Serrano Look into the Nation’s nursing Costello Lantos Slaughter order and enact measures if indeed homes, look at the elderly indigent; Coyne Levin Stark other Medicaid procedures are found they cannot speak for themselves. de la Garza Lewis (GA) Stokes which are not yet discovered. But this DeLauro Lofgren Studds They need our support. They need the Dellums Lowey Stupak is another unfunded mandate, this is a support of Medicaid for their health Deutsch Manton Tejeda number one unfunded mandate out needs. I ask my colleagues to support Dicks Markey Thompson there, and this is probably the one that the Jackson-Lee amendment. Dingell Martinez Thornton has triggered this bill as much as any- Dixon Mascara Torres Mr. Chairman, I reserve the balance Durbin Matsui Towns thing else. While we need to continue of my time. Engel McCarthy Traficant to work together as the gentlewoman The CHAIRMAN. The gentleman Eshoo McDermott Tucker Evans McKinney Velazquez from Texas has stated, the States and from Pennsylvania [Mr. CLINGER] has the Federal Government to provide Farr Meehan Vento the right to close. If the gentlewoman Fattah Meek Volkmer medical care, unfunded mandates are from Texas [Ms. JACKSON-LEE] has fur- Fazio Mfume Ward not the answer. ther speakers, she should yield at this Fields (LA) Miller (CA) Waters Filner Mineta Watt (NC) I would urge defeat of this amend- time. ment. Flake Mink Waxman Ms. JACKSON-LEE. Mr. Chairman, I Foglietta Moakley Williams Mr. CLINGER. Mr. Chairman, I re- yield myself the balance of my time. Ford Murtha Woolsey serve the balance of my time. Mr. Chairman, again I would offer to Frank (MA) Nadler Wyden Ms. JACKSON-LEE. Mr. Chairman, I Frost Oberstar Wynn say that Medicaid serves now some 20 Furse Olver Yates yield 45 seconds to the gentleman from million Americans. The wide range of Gejdenson Ortiz California [Ms. ROYBAL-ALLARD]. those constituents and those individ- Ms. ROYBAL-ALLARD. Mr. Chair- NOES—295 uals cross all States in this country, man, I thank the gentlewoman for Allard Chapman Fowler and in particular it hits those who are yielding this time to me. Andrews Chenoweth Fox least able to speak for themselves, the Archer Christensen Franks (CT) Mr. Chairman, I rise in strong sup- children and the elderly. Armey Chrysler Franks (NJ) port of the Jackson-Lee amendment. Bachus Clinger Frelinghuysen Mr. Chairman, I ask for support of Medicaid is the Nation’s safety net for Baesler Coble Frisa this amendment. Baker (CA) Coburn Funderburk our children and families throughout Mr. CLINGER. Mr. Chairman, I yield Baker (LA) Collins (GA) Gallegly this country. One-half of all Medicaid myself such time as I may consume. Baldacci Combest Ganske recipients are children and three- Ballenger Condit Gekas fourths of Medicaid recipients are I think we all agree that the Medic- Barcia Cooley Geren Barr Cox Gilchrest mothers of children who depend on aid system is broken and certainly needs fixing. I think we are all com- Barrett (NE) Cramer Gillmor Medicaid for important health services Barrett (WI) Crane Gilman such as prenatal care. mitted to doing that. That is going to Bartlett Crapo Goodlatte Mr. Chairman, in 1994, Medicaid happen, I think, because we have gen- Barton Cremeans Goodling eral recognition that there are egre- Bass Cubin Gordon helped meet the medical care needs of Bentsen Cunningham Goss an estimated 34 million men, women, gious problems with the Medicaid sys- Bereuter Danner Graham and children in this country. Protect- tem. Bevill Davis Greenwood ing Medicaid is critical to low-income But 20 million people will continue to Bilbray Deal Gunderson be served when this bill passes. We are Bilirakis DeFazio Gutknecht people in this country because without Bliley DeLay Hall (TX) it they would be unable to receive nec- not in any way affecting existing law Blute Diaz-Balart Hamilton essary and critical health care. with respect to Medicaid. Boehlert Dickey Hancock Mr. Chairman, I would again urge a Boehner Doggett Hansen Mr. Chairman, I ask my colleagues to Bonilla Dooley Harman support the Jackson-Lee amendment. no vote on this amendment. Bono Doolittle Hastings (WA) Ms. JACKSON-LEE. Mr. Chairman, I Mr. Chairman, I yield back the bal- Boucher Dornan Hayes yield myself such time as I may ance of my time. Brewster Doyle Hayworth The CHAIRMAN. All time has ex- Browder Dreier Hefley consume. Brownback Duncan Heineman Mr. Chairman, I simply ask the ques- pired. Bryant (TN) Dunn Herger tion of my colleagues whether or not The question is on the amendment Bunn Edwards Hilleary offered by the gentlewoman from Texas Bunning Ehlers Hilliard they have gone out into the nursing Burr Ehrlich Hobson homes of this country and seen the el- [Ms. JACKSON-LEE]. Burton Emerson Hoekstra derly indigent not being able to rep- The question was taken; and the Buyer English Hoke resent themselves, needing Medicaid Chairman announced that the noes ap- Callahan Ensign Holden peared to have it. Calvert Everett Horn and Medicare in particular, and finding Camp Ewing Hostettler the frustration when some, without RECORDED VOTE Canady Fawell Houghton any family support, for the slightest of Ms. JACKSON–LEE. Mr. Chairman, I Cardin Fields (TX) Hunter Castle Flanagan Hutchinson reasons have been denied their Medic- demand a recorded vote. Chabot Foley Hyde aid benefits. A recorded vote was ordered. Chambliss Forbes Inglis January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 869 Istook Molinari Shadegg The CHAIRMAN. Is there objection we are against this amendment or a lot Jacobs Mollohan Shaw Johnson (CT) Montgomery Shays to the request of the gentleman from of the amendments that have been of- Johnson (SD) Moorhead Shuster California [Mr. BECERRA] that the fered in terms of their substance. We Johnson, Sam Moran Sisisky amendments be considered en bloc? think they are good programs, and we Jones Morella Skaggs There was no objection. Kaptur Myers Skeen ought to have an opportunity to look Kasich Myrick Skelton The CHAIRMAN. The gentleman at those programs in a more lengthy Kelly Nethercutt Smith (MI) from California [Mr. BECERRA] is recog- and substantive way. Kim Neumann Smith (NJ) nized for 5 minutes, and the gentleman We can do that with this bill, by the King Ney Smith (TX) from Pennsylvania [Mr. CLINGER] is Kingston Norwood Smith (WA) way. This bill does not say we cannot Kleczka Nussle Souder recognized for 5 minutes in opposition. do these things. It just simply says Klink Obey Spence Mr. BECERRA. Mr. Chairman, I yield that we have to pay for them if we Klug Orton Spratt myself such time as I may consume. mandate the costs on local and state Knollenberg Oxley Stearns Mr. Chairman, we have been debating Kolbe Packard Stenholm government. LaHood Parker Stockman for quite some time amendments that Once again, this bill is prospective. It Largent Paxon Stump would try to protect children from all does not do anything to these past pro- Latham Payne (VA) Talent sorts of calamity that may result from grams. Does not mean we cannot do LaTourette Peterson (FL) Tanner this unfunded mandate legislation un- Laughlin Peterson (MN) Tate these good programs. It just says that less we exempt certain laws and regula- Lazio Petri Tauzin we have to take the responsibility and Leach Pickett Taylor (MS) tions from this particular bill’s en- accountability to pay for them. So let Lewis (CA) Pombo Taylor (NC) forcement. Lewis (KY) Pomeroy Thomas us not weaken this bill. Let us keep My amendments merely do the fol- Lightfoot Porter Thornberry this bill strong. And let us defeat these Lincoln Portman Thurman lowing: They would exempt laws that Linder Pryce Tiahrt we currently have on our books that amendments. Lipinski Quillen Torkildsen are there to protect our children who I want to say, if Members look at the Livingston Quinn Torricelli tally up here tonight, there is a bipar- LoBiondo Radanovich Upton work right now. They are there to pro- Longley Rahall Visclosky tect our labor laws that protect chil- tisan support in defeat of these amend- Lucas Ramstad Vucanovich dren from aggressive employers who ments. We have 60 to 70 Democrats vot- Luther Regula Waldholtz would work them beyond the 8 hours. ing with my colleagues, the Repub- Maloney Richardson Walker licans, in defeating these amendments. Manzullo Riggs Walsh It is to protect them against employers Martini Roberts Wamp who would have them working under This is a bipartisan effort. McCollum Roemer Watts (OK) conditions that would amount to what Let me tell Members, we need to be McCrery Rogers Weldon (FL) at the business of putting a stop to un- McDade Rohrabacher Weller many would consider slave conditions. McHale Roth White It is an effort to keep us from going funded mandates. We do not need to McHugh Roukema Whitfield back to the bad old days when we saw send out of this House a weak version. McInnis Royce Wicker children doing the work of adults, not We need to have a strong bill. We can McIntosh Salmon Wilson McKeon Sanford Wise going to school, not having an oppor- still do the kinds of things we want to McNulty Sawyer Wolf tunity to learn, and ultimately not do, but we just need to take the ac- Menendez Saxton Young (AK) being productive members of society countability and responsibility for Metcalf Scarborough Young (FL) them. Meyers Schaefer Zeliff once they became adults. Let me tell Members, let us bring Mica Schiff Zimmer b 2120 Miller (FL) Seastrand this thing to a close. Minge Sensenbrenner This is an effort to make sure that in Mr. BECERRA. Mr. Chairman, I yield passing reasonable unfunded mandates NOT VOTING—8 the balance of my time to the gentle- legislation, that we do protect our chil- woman from California [Ms. PELOSI]. Bateman Hefner Solomon dren from enforcement of a law that I Brown (CA) Neal Weldon (PA) Ms. PELOSI. Mr. Chairman, I thank Hastert Ros-Lehtinen do not believe has the intention of de- the gentleman for yielding time to me nying children basic rights of protec- and commend him for his leadership in b 2116 tion. That unattended consequence of bringing this very reasonable amend- denying protections to our children in Mr. MOLLOHAN changed his vote ment to this legislation to the floor. the workplace is something that we from ‘‘aye’’ to ‘‘no.’’ Indeed, the gentleman from Califor- must fear in this legislation because as So the amendment was rejected. nia, [Mr. CONDIT] deserves a great deal of now it does not provide those protec- The result of the vote was announced of credit for his leadership in subject- tions. So I would urge Members to con- as above recorded. ing this legislation and the mandates, sider this amendment closely and ulti- The CHAIRMAN. Are there further the unfunded mandates to the scrutiny mately vote for it. amendments to section 4? which they are receiving by this House Mr. Chairman, I reserve the balance of Representatives. AMENDMENTS OFFERED BY MR. BECERRA of my time. And he has a chance for us to give Mr. CLINGER. Mr. Chairman, I yield Mr. BECERRA. Mr. Chairman, I offer him exactly what he wants, a stronger two amendments, numbered 28 and 29, myself such time as I may consume. unfunded mandate bill. Stronger be- and I ask unanimous consent to have Mr. Chairman, I, again, rise in oppo- cause it protects the rights of children. the two amendments considered en sition to the gentleman’s amendment It makes children a first priority. bloc. for the same reason, which is that this The gentleman from Pennsylvania, The CHAIRMAN. The Clerk will des- should not be exempt anymore than [Mr. CLINGER] in his remarks con- ignate the amendments. any of these others should be exempt tended that he rose in opposition to The text of the amendments is as fol- from consideration of what costs would this amendment ‘‘for the same reason lows: be involved. Mr. Chairman, I yield 1 minute and 30 as I have opposed all the others,’’ the Amendments offered by Mr. BECERRA: At gentleman from Pennsylvania, [Mr. the end of paragraph (6) of section 4 strike seconds to a prime cosponsor of this ‘‘or’’, at the end of paragraph (7) strike the legislation, the gentleman from Cali- CLINGER] said, the distinguished gen- period and insert ‘‘; or’’, and add after para- fornia [Mr. CONDIT]. tleman from Pennsylvania. He said, it graph (7) the following: (8) is necessary to Mr. CONDIT. Mr. Chairman, I just should not be exempt anymore, the protect children from exploitation in the rise to hopefully once again add a little children in the work place should not workplace. perspective to this debate in the quick be exempt any more than any other In section 422 of the Congressional Budget 1-minute time I have here. amendment should be exempted. Act of 1974, strike ‘‘or’’ at the end of para- I say children should be our first pri- graph (6), strike the period and insert ‘‘; or’’ This amendment I oppose and all at the end of paragraph (7), and add after amendments that come on this floor to ority. Let me read Members what this paragraph (7) the following: weaken this bill I want Members to amendment says. The amendment says, (8) is necessary to protect children from know, I oppose, and I am encouraging and I read from the bill so they see exploitation in the workplace. my colleagues to oppose. Not because where it fits in, ‘‘this act shall not H 870 CONGRESSIONAL RECORD — HOUSE January 30, 1995 apply to any provision in a Federal workplace or in schools but from man- Deutsch Kennedy (RI) Rangel Dicks Kennelly Reed statute or a proposed or final Federal dating them into oblivion. Dingell Kildee Reynolds regulation that is necessary to protect The H.R. 5 unfunded mandates bill Dixon Kleczka Richardson children from exploitation in the work will give State and local governments Doggett LaFalce Rivers place.’’ the kind of relief they deserve and Doyle Lantos Rose Durbin Levin Roybal-Allard ‘‘That is necessary to protect chil- under that bill we will know up front Edwards Lewis (GA) Rush dren from exploitation in the work the costs of any new program, and then Engel Lofgren Sabo place.’’ the Congress can agree to pay for them Eshoo Lowey Sanders Evans Luther Sawyer This is not preferred, better, this or instead of passing the buck onto other Farr Maloney Schroeder that, is necessary to protect children governments. Fattah Manton Schumer in the work place. Mr. CLINGER. Mr. Chairman, I yield Fazio Markey Scott the balance of my time to the gen- Fields (LA) Martinez Serrano So, my colleagues, I urge support for Filner Mascara Skaggs the Becerra amendment, because ex- tleman from Connecticut [Mr. SHAYS]. Flake Matsui Slaughter ploitation of children in the work place The CHAIRMAN. The gentleman Foglietta McDermott Spratt is a real and present danger in our from Connecticut [Mr. SHAYS] is recog- Frank (MA) McHale Stark 1 Frost McKinney Stokes country. We, the United States of nized for 2 ⁄2 minutes. Furse Meehan Studds America, should be the leader on this Mr. SHAYS. Mr. Chairman, I rise in Gejdenson Meek Stupak issue. Indeed, the Governors them- support of any legislation that would Gephardt Menendez Tejeda prevent the exploitation of children. I Gibbons Mfume Thompson selves asked for Federal child labor Gonzalez Miller (CA) Thornton protection laws. That is how they got also rise in support of the unfunded Gordon Mineta Torres on the books in the first place. mandate bill and in opposition to this Green Minge Torricelli amendment. I rise in opposition to this Gutierrez Mink Towns Child labor violations have been on Hall (OH) Moakley Traficant the rise in our country each year. Work amendment because it simply is not Hastings (FL) Mollohan Tucker related injuries to children cause more needed, because the concerns of the Hilliard Murtha Velazquez than 100 deaths and 20,000 compensa- gentleman from California and the gen- Hinchey Nadler Vento tlewoman from California have been Holden Oberstar Visclosky tion claims. Children often skip school Hoyer Obey Volkmer to work 12 hours a day as migrant farm addressed. Jackson-Lee Olver Ward workers or in sweatshops. Since 1983, Jacobs Ortiz Waters b 2130 Jefferson Owens Watt (NC) there has been a 150 percent increase in This bill, the mandate bill, says very Johnson, E. B. Pallone Waxman reported child labor violations. Johnston Pastor Wise simply that there has to be an estimate The unfunded mandate legislation Kanjorski Payne (NJ) Woolsey of cost to the private sector and to the Kaptur Pelosi Wyden takes away the mechanism for regulat- public sector. If there is not an esti- Kennedy (MA) Pomeroy Wynn ing and prohibiting these violations. mate of cost, then a point of order can The amendment of the gentleman from NOES—269 be raised. California [Mr. BECERRA] does indeed If there is an estimate of cost, and it Allard Crane Hayes strengthen the legislation of the gen- Andrews Crapo Hayworth is over $100 million for the private sec- Archer Cremeans Hefley tleman from California [Mr. CONDIT] tor and $50 million for the public sec- Armey Cubin Heineman the unfunded mandate bill. It does in- tor, a point of order can be raised if no Bachus Cunningham Herger deed improve it, because it says, no, Baesler Davis Hilleary money is provided, but a simple major- when it is necessary, as the amend- Baker (CA) Deal Hobson ity can override the point of order. The Baker (LA) DeLay Hoekstra ment says, to protect children from ex- same majority that is needed to pass Ballenger Diaz-Balart Hoke ploitation in the workplace, then we Barr Dickey Horn the bill, the same simple majority, can the Congress of the United States will Barrett (NE) Dooley Hostettler also be the same simple majority that not, will not prohibit that from hap- Bartlett Doolittle Houghton can override the point of order. Barton Dornan Hunter pening. This amendment is not needed, Mr. Bass Dreier Hutchinson In the course of this debate on un- Bereuter Duncan Hyde Chairman, as were many of the amend- funded mandates there has been a great Bevill Dunn Inglis ments that preceded this. The concerns Bilbray Ehlers Istook deal of discussion about the impact on of the gentleman have been protected Bilirakis Ehrlich Johnson (CT) children. And really, it is just always Bliley Emerson Johnson (SD) in this mandate bill. great to hear the Members rise to their Blute English Johnson, Sam The CHAIRMAN. All time has ex- feet to protect children in this body. Boehlert Ensign Jones pired. Boehner Everett Kasich But this one should not even be a de- The question is on the amendments Bonilla Ewing Kelly bate because this legislation calls for Bono Fawell Kim offered by the gentleman from Califor- what is necessary. It has been re- Boucher Fields (TX) King nia [Mr. BECERRA]. Brewster Flanagan Kingston quested originally by the Governors. It The question was taken; and the Browder Foley Klink would improve the legislation. Brownback Forbes Klug Chairman announced that the noes ap- I commend the gentleman from Cali- Bryant (TN) Fowler Knollenberg peared to have it. Bunn Fox Kolbe fornia [Mr. BECERRA] for offering it. RECORDED VOTE Bunning Franks (CT) LaHood Mr. CLINGER. Mr. Chairman, I yield Burr Franks (NJ) Largent 1 minute to the gentleman from Penn- Mr. BECERRA. Mr. Chairman, I de- Burton Frelinghuysen Latham sylvania [Mr. FOX]. mand a recorded vote. Buyer Frisa LaTourette A recorded vote was ordered. Callahan Funderburk Laughlin Mr. FOX of Pennsylvania. Mr. Chair- Calvert Gallegly Lazio man, all Members of this body, Repub- The CHAIRMAN. This is a 15-minute Camp Ganske Leach licans and Democrats alike, are con- vote. Canady Gekas Lewis (CA) cerned about the exploitation of chil- The vote was taken by electronic de- Castle Geren Lewis (KY) vice, and there were—ayes 156, noes 269, Chabot Gilchrest Lightfoot dren. Existing State and Federal laws Chambliss Gillmor Lincoln provide protection and H.R. 5 will in no not voting 9, as follows: Chapman Gilman Linder way abrogate those laws. [Roll No. 67] Chenoweth Goodlatte Lipinski Christensen Goodling Livingston As a former prosecutor, I can tell my AYES—156 Chrysler Goss LoBiondo colleagues there are outstanding pre- Abercrombie Bonior Coleman Clinger Graham Longley vention programs like child lawyers, Ackerman Borski Collins (IL) Coble Greenwood Lucas Baldacci Brown (FL) Collins (MI) Coburn Gunderson Manzullo which address this issue, as well as Barcia Brown (OH) Conyers Collins (GA) Gutknecht Martini those sponsored by the National DA’s Barrett (WI) Bryant (TX) Coyne Combest Hall (TX) McCarthy Association and the National Center Becerra Cardin Danner Condit Hamilton McCollum for Missing and Exploited Children. Beilenson Clay de la Garza Cooley Hancock McCrery Bentsen Clayton DeFazio Costello Hansen McDade We want to protect children not only Berman Clement DeLauro Cox Harman McHugh from problems that could happen in the Bishop Clyburn Dellums Cramer Hastings (WA) McInnis January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 871 McIntosh Quinn Spence Mr. KANJORSKI. I ask that this be ments from the majority that we are McKeon Radanovich Stearns McNulty Rahall Stenholm considered as an identical amendment being dilatory and taking up the time Metcalf Ramstad Stockman to the other action. In other words, I of this Chamber in what appears on our Meyers Regula Stump am trying to facilitate a single amend- side to be legitimate debate, but as it Mica Riggs Talent ment to apply to all sections of the bill appears as each amendment has been Miller (FL) Roberts Tanner Molinari Roemer Tate where appropriate. offered I do not think we have had the Montgomery Rogers Tauzin The CHAIRMAN. The Clerk will re- benefit of even one Member of the ma- Moorhead Rohrabacher Taylor (MS) port the second amendment. jority breaking, so it is very clear that Moran Ros-Lehtinen Taylor (NC) The Clerk read as follows: Morella Roth Thomas 230 votes reside on the majority side of Myers Roukema Thornberry Amendment offered by Mr. KANJORSKI: In the House, and they will be able to ac- Myrick Royce Thurman section 301, in the proposed section 422 of the complish all of the legislation they Nethercutt Salmon Tiahrt Congressional Budget Act of 1974, strike ‘‘or’’ have intact. Neumann Sanford Torkildsen after the semicolon in paragraph (6), strike Ney Saxton Upton the period at the end of paragraph (7) and in- Mr. SOLOMON. Mr. Chairman, will Norwood Scarborough Vucanovich sert ‘‘; or’’, and after paragraph (7) add the my good friend yield on that point? Nussle Schaefer Waldholtz Mr. KANJORSKI. Surely; I yield to Orton Schiff Walker following: (8) pertains to medicare. Oxley Seastrand Walsh Mr. KANJORSKI (during the read- the gentleman from Pennsylvania. Packard Sensenbrenner Wamp ing). Mr. Chairman, I ask unanimous Mr. SOLOMON. Mr. Chairman, I Parker Shadegg Watts (OK) think it is necessary to point out that Paxon Shaw Weldon (FL) consent that the amendment be consid- Payne (VA) Shays Weller ered as read and printed in the RECORD, maybe 230 Republicans did vote the Peterson (FL) Shuster White and that they be considered en bloc. same, but a great number of Democrats Peterson (MN) Sisisky Whitfield The CHAIRMAN. Is there objection voted with us, and that is worth men- Petri Skeen Wicker tioning here. I think it says something Pickett Skelton Wilson to the request of the gentleman from Pombo Smith (MI) Wolf Pennsylvania? about the November 8 election. Porter Smith (NJ) Young (AK) There was no objection. Mr. KANJORSKI. I do not want to Portman Smith (TX) Young (FL) suggest it is only, but we do have a Poshard Smith (WA) Zeliff Mr. KANJORSKI. Mr. Chairman, I Pryce Solomon Zimmer yield myself such time as I may solid block that is clearly a majority. Quillen Souder consume. They are going to prevail. Let me suggest maybe we can save a NOT VOTING—9 Mr. Chairman, this is an important amendment. It was brought up at com- lot of frustration and time, and that is Bateman Hastert Weldon (PA) Brown (CA) Hefner Williams mittee but not brought to a vote be- why do we not take the next 2 weeks on Ford Neal Yates cause at committee we ran the first the entire Contract With America, bring it here on the floor. Why should b amendment which was exempting So- 2146 cial Security, and that amendment re- we offer any amendments if they are So the amendments were rejected. ceived a vote of 39 yeses and 3 noes, and not going to be considered as sub- The result of the vote was announced as a result is part of this bill as it ap- stantive and changing the legislation as above recorded. pears on the floor. And now what I to perhaps meet the needs of the Amer- The CHAIRMAN. Are there further would like to do is have Medicare ex- ican people, but recognize the power of amendments to section 4? empted as Social Security is exempted the majority, and it is all here and we AMENDMENTS OFFERED BY MR. KANJORSKI from the implications of this bill. have that majority, why do not we just Mr. KANJORSKI. Mr. Chairman, I I am particularly asking that be- run through the entire contract for offer an amendment No. 78, which has cause we all know that the Medicare America in 2 weeks, get that behind us, been printed in the RECORD pursuant to fund is in difficulty. As the bill is pres- and then get to the substantive action? clause 6, rule XXIII. ently constituted, if we are called upon I would like to suggest to my friends The CHAIRMAN. The Clerk will des- to increase taxes to shore up the Medi- in the majority that they set aside, ignate the amendment. care fund, this bill will say to the maybe beginning next week, a 10-day The text of the amendment is as fol- States and municipalities that this is period, bring every piece of legislation lows: an unfunded mandate. that they have to the floor, let us put If on the one hand the Congress does it up to a vote. And I would recommend Amendment offered by Mr. KANJORSKI: In section 4, strike ‘‘or’’ after the semicolon at not provide the funds or override the to my friends on the Democratic side the end of paragraph (6), strike the period at point of order, the increase in funding who may think they can make a sub- the end of paragraph (7) and insert ‘‘; or’’, would not apply to the States and mu- stantial contribution that they can and after paragraph (7) add the following new nicipal governments across this land offer their substantial contribution as paragraph: (8) pertains to Medicare. and they would not have to contribute a matter of extension in the RECORD so Mr. CHAIRMAN. The gentleman from to the Medicare fund, and that addi- the RECORD is quite clear where Mem- Pennsylvania [Mr. KANJORSKI] will be tional taxation necessary to bring the bers stand on these issues, but we move recognized for 5 minutes, and a Member Medicare fund up to its actuarial by this incredible piece of legislation in opposition, the gentleman from soundness would thereby fall on the that we are about to enact anyway, but Pennsylvania [Mr. CLINGER] will be rec- private sector of our economy. probably are boring the devil out of ognized for 5 minutes. In order to see that that does not people who may persevere and may be The Chair recognizes the gentleman happen, and further in order to see that seeing this. But I think we are making from Pennsylvania [Mr. KANJORSKI]. each individual State or municipality a record that a deliberative body does could not ask for judicial review to not have to be deliberative once an b 2150 hold up the promulgation of the rules election is held. If, in fact, we can Mr. KANJORSKI. Mr. Chairman, in and regulations, I ask that we now ex- come to the conclusion that the con- order to expedite the work of the empt Medicare as we have exempted tract for America should be put into House, I ask unanimous consent that it Social Security so this question cannot legislation, and passed as statute in its be considered en bloc with an identical arise. entirety, let us do it, let us save time. amendment to section 301 of the bill Mr. Chairman, I think we all know Maybe we can do it to all of the appro- which creates an identical section 422 why we should exempt Medicare, and I priations bills and maybe we can get of the Congressional Budget Act of can only assume that we will have op- out of here and adjourn by March 1 and 1974. position on the other side, as we have let the Government operate. The CHAIRMAN. Would the gen- had to every amendment thus far on Mr. Chairman, I yield back the bal- tleman indicate which numbered the floor. ance of my time. amendment he refers to? I am not going to prolong this debate Mr. CLINGER. Mr. Chairman, I rise Mr. KANJORSKI. Seventy-eight. other than the fact that I am suggest- in opposition to the amendment, and I The CHAIRMAN. The Chair had ref- ing this: What it appears to me to- yield 1 minute to the gentleman from erence to the other one. night, and we have heard several state- Louisiana [Mr. TAUZIN]. H 872 CONGRESSIONAL RECORD — HOUSE January 30, 1995 Mr. TAUZIN. Mr. Chairman, I thank Mrs. JOHNSON of Connecticut. Mr. tion as sloppily as we have been writ- my friend for yielding me this time. I Chairman, there is not anything in this ing legislation in the last few years, too have read the Contract With Amer- bill that will prevent us from passing you bet they will be in court and they ica. I want to tell my friend on the unfunded mandate legislation. Nothing will tie it up forever. But if we write other side, while it did talk about in this bill prevent us from passing precise law, that clarifies responsibil- doing all of this in 100 days, it did not laws that will mandate costs on States ities on both sides, if we do our job mention 100 nights; and this may take that we do not pay for. The only dif- well, then it will be perfectly clear who more than 100 nights if we continually ference is that 51 percent of us will is to pay for what, and I for one will be debate the same issue over and over have to vote to do that. But this bill is proud to stand on that territory. again and again. about accountability. The CHAIRMAN. All time has ex- The issue is not the merits of a par- b 2200 pired. ticular Federal program. You can bring The question is on the amendments to this floor an amendment that tries It will force us to write good law that offered by the gentleman from Penn- says specifically whose responsibility to exempt the most meritorious of Fed- sylvania [Mr. KANJORSKI]. is what and who is going to pay. I, for eral mandates. That is not the issue. The question was taken; and the one, am going to be perfectly proud to That is not the issue at all. Chairman announced that the noes ap- stand on this floor and force States to The issue is whether or not in the fu- peared to have it. pay 10 percent of a child-support sys- ture this Congress decides to continue tem; absolutely, we pay 90, they pay 10, RECORDED VOTE mandating programs upon local gov- and we all benefit. I will vote to force Mr. KANJORSKI. Mr. Chairman, I ernments and State governments, States to pay 25 percent of water-treat- demand a recorded vote. whether we believe in those mandates ment plant costs; absolutely a good A recorded vote was ordered. or not enough to fund them. And if we deal. The vote was taken by electronic de- do not believe in them enough to fund But I ought to be voting for that. I vice, and there were—ayes 161, noes 266, them, this legislation asked us to ought to be accountable for that, and I not voting 7, as follows: think seriously about whether we ought to go home and take the rap for [Roll No. 68] ought to mandate them in the first that and argue with my folks about AYES—161 place. That is what this is all about. that being a square deal and a sound Abercrombie Gephardt Obey The reason why my good friend GARY partnership. Ackerman Gibbons Olver CONDIT rose to the floor tonight is, this Now, on Medicare, frankly, if the un- Barcia Gonzalez Ortiz has been his issue for some many Becerra Gordon Owens funded-mandate law had been in place, Beilenson Green Pallone years. And the reason why so many our Congress would not have been able Bentsen Gutierrez Pastor Democrats are rising in opposition to to underfund Medicare payments to Berman Hall (OH) Payne (NJ) all of these amendments that address Bishop Hastings (FL) Pelosi hospitals and physicians. Do you know Bonior Hilliard Pomeroy indeed good and meritorious programs who takes the rap because we do not Borski Hinchey Poshard is because to exempt these programs fund Medicare? It is all of those little Boucher Holden Rahall with the coverage of this act is to say guys out there who pay their own Brown (CA) Jackson-Lee Rangel Brown (FL) Jefferson Reed in the future it is OK to continue man- health care premiums. Brown (OH) Johnson (SD) Reynolds dating whatever program they think is Their premiums in Connecticut are Bryant (TX) Johnson, E.B. Richardson important and necessary on State and one-third higher because we underfund Clay Johnston Rivers local government and worry about Clayton Kanjorski Roybal-Allard Medicaid and Medicare reimbursement Clement Kaptur Rush somebody else raising the money to rates. That is a disgrace. Clyburn Kennedy (MA) Sabo pay for them. All this bill will do is make us pub- Coburn Kennedy (RI) Sanders Let me tell you the taxpayers of licly accountable to say what is impor- Coleman Kennelly Sawyer Collins (IL) Kildee Schroeder America have had enough of this busi- tant, who is going to pay, and what Collins (MI) Kleczka Schumer ness of one government telling another portion we are going to take and what Conyers Klink Scott government what to do and also in- portion we are going to push on any- Costello LaFalce Serrano Coyne Lantos Skaggs structing another government to raise body else. Danner Levin Slaughter their taxes to pay for it. That is wrong, This is just honesty. de la Garza Lewis (GA) Spratt it ought to end. Mr. KANJORSKI. Mr. Chairman, will DeFazio Lincoln Stark That is what this unfunded mandate the gentlewoman yield? DeLauro Lipinski Stokes Dellums Lofgren Studds bill will end and we ought to adopt it Mrs. JOHNSON of Connecticut. I Deutsch Lowey Stupak right tonight. yield to the gentleman from Penn- Dicks Luther Tejeda Mr. KANJORSKI. Mr. Chairman, will sylvania. Dingell Maloney Thompson Dixon Manton Thornton the gentleman yield? Mr. KANJORSKI. I think the gentle- Doggett Markey Thurman Mr. TAUZIN. If I have additional woman from Connecticut has clearly Doyle Martinez Torres time, I am happy to yield to the gen- said what my amendment will do. Sup- Durbin Mascara Torricelli tleman from Pennsylvania. pose, if you will, when Medicare has to Edwards Matsui Towns Engel McDermott Traficant Mr. KANJORSKI. Mr. Chairman, I be refunded, the point or order is over- Eshoo McKinney Tucker think the gentleman from Louisiana come here. It is directed that the prop- Evans Meehan Velazquez has a good idea. Over the weekend I er Federal agency promulgate rules Farr Meek Vento Fattah Menendez Visclosky saw where the Governors unanimously and regulations to increase Medicare. Fazio Mfume Volkmer agreed with the proposition we should It will go on all employers across Fields (LA) Miller (CA) Ward bail out Mexico. I think since they America, but under this bill, if the Filner Mineta Waters think that is so great, my suggestion is States or any municipality in America Flake Mink Watt (NC) Foglietta Moakley Waxman let us not have the Congress take up disagrees with the promulgation of Ford Mollohan Wise that resolution, let us ask the 50 States that rule or regulation, they will have Frank (MA) Moran Woolsey to bail out Mexico. because they have judicial review the Frost Murtha Wyden Furse Nadler Wynn The CHAIRMAN. The time of the capacity to go in and tie up that por- Gejdenson Oberstar gentleman has expired. tion of the increased funding for Medi- Mr. TAUZIN. My time has expired, care for years in court, and what that NOES—266 but I will agree with the gentleman. would necessitate is to make the fund Allard Ballenger Bilbray Andrews Barr Bilirakis Mr. CLINGER. Mr. Chairman, I yield sound, that the increase would have to Archer Barrett (NE) Bliley 3 minutes to the gentlewoman from go out to the private employers of Armey Barrett (WI) Blute Connecticut [Mrs. JOHNSON]. America to make up for those 3 million Bachus Bartlett Boehlert (Mrs. JOHNSON of Connecticut asked employees. Baesler Barton Boehner Baker (CA) Bass Bonilla and was given permission to revise and Mrs. JOHNSON of Connecticut. Re- Baker (LA) Bereuter Bono extend her remarks.) claiming my time, if we write legisla- Baldacci Bevill Brewster January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 873 Browder Harman Payne (VA) AMENDMENTS OFFERED BY MR. MARTINEZ issues concerning people’s civil rights, Brownback Hastings (WA) Peterson (FL) Bryant (TN) Hayes Peterson (MN) Mr. MARTINEZ. Mr. Chairman, I concerning the well-being of those peo- Bunn Hayworth Petri offer two amendments, numbered 93 ple. Those protections and medica- Bunning Hefley Pickett and 19, which have been printed in the tions, I believe, far outweigh—the ben- Burr Heineman Pombo RECORD, and I ask unanimous consent efit far outweighs the cost. The prob- Burton Herger Porter Buyer Hilleary Portman that they be considered en bloc. lem is in many of those instances they Callahan Hobson Pryce The CHAIRMAN. Is there objection are humane, compassionate things and Calvert Hoekstra Quillen to the request of the gentleman from responsible things to do, but there is Camp Hoke Quinn California? Canady Horn Radanovich no way to measure the benefit other Cardin Hostettler Ramstad There was no objection. than if we have a sense of compassion. Castle Houghton Regula The CHAIRMAN. The Clerk will des- My amendment would specifically ex- Chabot Hoyer Riggs ignate the amendments. Chambliss Hunter Roberts empt from this legislation and any cur- Chapman Hutchinson Roemer The text of the amendments is as fol- rent or future requirement of this law Chenoweth Hyde Rogers lows: anything that would nullify the protec- Christensen Inglis Rohrabacher Amendments offered by Mr. MARTINEZ: tions of the health, and safety and Chrysler Istook Ros-Lehtinen In section 4, before ‘‘This Act’’ insert ‘‘(a) Clinger Jacobs Rose well-being of senior citizens under two IN GENERAL.—’’,and at the end of the section Coble Johnson (CT) Roth specific acts: The Older Americans Act add the following: Collins (GA) Johnson, Sam Roukema and juveniles under the Juvenile Jus- Combest Jones Royce (b) REQUIREMENTS UNDER OTHER LAWS.— Condit Kasich Salmon This Act shall not apply to any requirement tice Delinquency Prevention Act. Cooley Kelly Sanford in effect on December 31, 1994, under— Mr. Chairman, today, out of concern Cox Kim Saxton (1) the Older Americans Act of 1965 (42 for my bill, I called the legislative Cramer King Scarborough U.S.C. 3001 et seq.); or Crane Kingston Schaefer counsel’s office and asked for an opin- (2) the Juvenile Justice and Delinquency ion. I raised the questions that I just Crapo Klug Schiff Prevention Act of 1974 (42 U.S.C. 5601 et seq.). Cremeans Knollenberg Seastrand In section 301, in the proposed section 422 raised. I raised the question about the Cubin Kolbe Sensenbrenner provisions to establish new points of Cunningham LaHood Shadegg of the Congressional Budget Act of 1974, be- Davis Largent Shaw fore ‘‘This part’’ insert ‘‘(a) IN GENERAL.—’’, order in H.R. 5. He told me, ‘‘As H.R. 5 Deal Latham Shays and at the end of the section add the follow- stands now, when the measure comes DeLay LaTourette Shuster ing: up for reauthorization,’’ and these two Diaz-Balart Laughlin Sisisky ‘‘(b) REQUIREMENTS UNDER OTHER LAWS.— Dickey Lazio Skeen acts that I am referring to do come up This part shall not apply to any requirement for reauthorizations and, at some point Doolittle Leach Skelton in effect on December 31, 1994, under— Dornan Lewis (CA) Smith (MI) ‘‘(1) the older Americans Act of 1965 (42 in time, have to be adjusted in those Dreier Lewis (KY) Smith (NJ) reauthorizations. When he said that Duncan Lightfoot Smith (TX) U.S.C. 3001 et seq.); or Dunn Linder Smith (WA) ‘‘(2) the Juvenile Justice and Delinquency they would come up, they would be Ehlers Livingston Solomon Prevention Act of 1974 (42 U.S.C. 5601 et seq.). subject to a point of order if there Ehrlich LoBiondo Souder would be a net increase in duties man- Emerson Longley Spence The CHAIRMAN. The gentleman English Lucas Stearns from California [Mr. MARTINEZ] will be dated by the legislation, or there is a Ensign Manzullo Stenholm recognized for 5 minutes, and the gen- net decrease in funding, or assistance, Everett Martini Stockman tleman from Pennsylvania [Mr. or if in any way that bill is changed. Ewing McCarthy Stump ‘‘What it does in effect,’’ he said, ‘‘is Fawell McCollum Talent CLINGER] will be recognized for 5 min- Fields (TX) McCrery Tanner utes in opposition. that if the bill is changed in any way in Flanagan McDade Tate The Chair recognizes the gentleman any one part of the bill, the whole bill Foley McHale Tauzin from California [Mr. MARTINEZ]. is open to that same point of order.’’ Forbes McHugh Taylor (MS) Fowler McInnis Taylor (NC) (Mr. MARTINEZ asked and was given Now I understand that we can, by a Fox McIntosh Thomas permission to revise and extend his re- simple majority, waive the point of Franks (CT) McKeon Thornberry marks.) order. The problem is that we allow for Franks (NJ) McNulty Tiahrt a lot of mischief to be done if we do not Frelinghuysen Metcalf Torkildsen Mr. MARTINEZ. Mr. Chairman, I rise Frisa Meyers Upton not because I have a great hope for suc- exempt these two things. Funderburk Mica Vucanovich cess but because I have great hope. The In the case of nutrition programs for Gallegly Miller (FL) Waldholtz people on this side have raised a lot of children and a nutrition program for Ganske Minge Walker Gekas Molinari Walsh concerns about what we are doing here. the older Americans in the Older Amer- Geren Montgomery Wamp I have many of the same concerns for icans Act, these things have to be ad- Gilchrest Moorhead Watts (OK) the thing that we are doing and the justed on a regular basis because of the Gillmor Morella Weldon (FL) way we are doing it, not necessarily for cost of living increases. If we were to Gilman Myers Weldon (PA) Goodlatte Myrick Weller the concept. then adjust it, we would subject the Goodling Nethercutt White Mr. Chairman, I am one who comes whole act to the point of order. Goss Neumann Whitfield from local government and have had to Additionally, I have some concern for Graham Ney Wicker Greenwood Norwood Wilson suffer under unfunded mandates. Let how we are going to determine that Gunderson Nussle Wolf me tell my colleagues the reality of benefit of that particular cost. Like I Gutknecht Orton Young (AK) serving at a local level? said before, it is very hard to deter- Hall (TX) Oxley Young (FL) When you have to deal with budgets, mine a cost, a benefit—rather it is very Hamilton Packard Zeliff Hancock Parker Zimmer especially in California after the devas- hard to establish what the value of a Hansen Paxon tation of Proposition 13, when you have benefit of a compassion to act is versus NOT VOTING—7 a constrained budget like that, you the cost of it. have a tendency to want to do those Mr. Chairman, let me tell my col- Bateman Hefner Yates Dooley Neal things that you feel are of the highest leagues about the Older Americans Hastert Williams priorities and of the greatest necessity Act. Not too long ago we passed the to your constituency, and so if there Older Americans Act off this floor b 2219 are some things that should be done without one dissenting vote. That Mr. SPRATT changed his vote from and are mandated by the Federal Gov- means that almost every Member— ‘‘no’’ to ‘‘aye.’’ ernment because of the responsibility well, in fact it means every Member in So the amendments were rejected. of doing it, we would rather not do it, this legislature who was here at the The result of the vote was announced and if it were not mandated, we would time voted in the affirmative for the as above recorded. not do it. Older Americans Act, improving the That is one of the concerns that I conditions of that act. In there, there b 2220 have, and the way we pass this legisla- was an ombudsman. I doubt very much The CHAIRMAN. Are there further tion has not taken into consideration that that ombudsman could stand the amendments to section 4? those things that deal with particular scrutiny of this bill as we are passing it H 874 CONGRESSIONAL RECORD — HOUSE January 30, 1995 today, and we know what that ombuds- Mr. Chairman, I am equally sure that a waiver, such as in Nebraska, those waivers man was for. It was to protect the frail changes in the reauthorization will open it to a were granted. and the elderly in the Older Americans point of order at which time we will see a de- I urge all of my colleagues, as we rush to Act. mise of this program and others like it. judgment on the issue of unfunded mandates, For many years the frail and elderly Yet, most Members of Congress who con- to consider whether the specifics of a mandate have been abused in nursing homes sidered that issue found it worthy of support are not such that the benefit to the specific where they are there for long-term and the 1992 amendments were approved by population on whose behalf the mandate ex- care. Just last Friday ABC, the pro- a wide margin and signed by President Bush ists do not outweigh the need for lessening gram ‘‘20–20,’’ contained a piece on the in September 1992. the restrictions on local and State government continuing abuse that has taken place Mr. Chairman, similarly, in reauthorizing the or on private concerns. in care facilities across the Nation, and Juvenile Justice and Delinquency Prevention These are people without an effective voice over the past 30 years this body, in the Act in the 102d Congress, the Human Re- at the ballot box or in the budget committees past 30 years this body, has developed a sources Subcommittee conducted a wide of State or local legislative bodies. significant array of programs and pro- ranging series of hearings around the country These are people, who, without federally tections for senior citizens. I, for one, with respect to the needs of vulnerable chil- mandated protections, will suffer the most in would hate to see those damaged in dren in the juvenile justice system, and espe- our society. any way. In 1992 that Older Americans cially those who are homeless or have run I urge an aye vote and yield back the bal- Act was signed into law by Bush, and, away from home. ance of my time. like I say, it went on without a dissent- In fact, we held a hearing in Nebraska at Mr. Chairman, I contacted the Legislative ing vote. the request of my colleague, Mr. BARRETT, Council office regarding the concerns we I am equally concerned about, Mr. and we visited Boy's Town while we were in raised about the provisions to establish new Chairman, the Juvenile Justice Delin- Nebraska * * * authorizing legislation were points of order, in H.R. 5. quency Prevention Act. When I was developed in consultation with community As H.R. 5 stands now, when measures chairman of the Human Resources Sub- groups serving these vulnerable children, with come up for reauthorization, they would be committee we conducted a wide range local juvenile authorities with the Department subject to a point of order if there is a net in- of hearings all over the country. In fact of Justice's office of juvenile justice programs, crease of duties mandated by the legislation, we visited—at the request of the gen- with the National Association of Family Court if there is a net decrease in the funding or as- tleman from Nebraska [Mr. BARRETT], sistance authorized for the legislation, and if Judges and others, knowledgeable in dealing my colleague on the other side—Ne- they did not have the required CBO analysis. with children at risk of delinquency or other braska, and held a hearing there. The legislation would not be subject to this problems. Mr. Chairman, I rise tonight because I, like point of order if it contains increased funding Under the Juvenile Justice and Delinquency others on this side, have real concerns about for the newly mandated duties. If the authoriz- Prevention Act, States and localities are man- what we are doing here. H.R. 5 is a concept ing legislation passed with the increased fund- dated to provide `sight and sound' separation that I generally support. ing, but the appropriations legislation did not for juveniles in the justice system. Having served as a councilman, mayor, and contain the required funding, then the man- Prior to the imposition of that mandate, in the State legislature, I know how Federal date would be reduced to match the provided young children who were in the juvenile justice mandates that are not accompanied by Fed- funding. systemÐregardless of the reason for being eral funding can wreak havoc on already In the case of children's nutrition programs strained local budgets. thereÐwere housed in the same facilities as and senior programs where we know there But there are some protections that are hardened adult criminals and, we were told, has to be increased funding to keep up with mandated by the Federal Government that are subjected to abuse by those adult prisoners. inflation, then if there is funding the act is sub- necessary for the protection of specific classes Very often, the reason a child is in custody ject to a point of order in fact. If any part of of people, and I believe that the costs of such is for his or her protection, in cases such as the legislation is adjusted in any way that does protections are far outweighed by the benefit. child abuse, desertion, or abandonment by a increase net duties or decrease net funding Specifically, my amendment would exempt parent or guardian. then the whole bill would be subject to a point from this legislation any current or future re- Such protective incarceration must be in a of order, not just that particular section. quirement that nullifies any rule or law that safe environment, and the additional costs to Additionally, there is some concern that the protects the health, safety, or well being of ensure that are certainly worth the effort. legislation that will be coming up for reauthor- senior citizens under the Older Americans Act, In addition, certain activities and programs ization has never been subject to a CBO cost and juveniles, under the Juvenile Justice and are required to be put in place to assist vul- analysis. This could be quite a time-consum- Delinquency Prevention Act. nerable children. ing process for some of the major programs Mr. Chairman, under the Older Americans Whether the cost of those programs is a such as OAA. Act, there is a mandate that States establish significant burden on the State or locality, and Mr. CLINGER. Mr. Chairman, I rise a State ombudsman to handle complaints the extent to which those costs are not being in opposition to the amendment offered about treatment of the elderly who are in long- met by Federal dollars allocated to those pro- by the gentleman from California [Mr. term care in nursing homes. grams, is not the issue. MARTINEZ]. The ombudsman is there to ensure that The question is, ``Do we and the States Mr. Chairman, the definition of Fed- complaints of abuse and negligence are han- have a moral obligation and a responsibility for eral intergovernmental mandate con- dled. these children?'' tained in H.R. 5 would not apply to vol- In the past, we have seen that they have If we do, should we mandate specific ac- untary nonentitlement programs. Both been shrugged off, and frail elderly have been tions? of the programs which the gentleman subjected to inhuman treatment. I say the answer is yes. seeks to exempt here are voluntary, Just last Friday, the ABC program ``20/20'' Further, I would point out that the great ma- nonentitlement programs. contained a piece on the continuing problem jority of the juvenile justice cases are non-Fed- Mr. Chairman, State participation in of elder abuse taking place in some long-term eral cases, and, therefore, the expense is a the Older Americans Act or in the Ju- care facilities. State expense, not a Federal responsibility. venile Justice and Delinquency Preven- Over the past 30 years, this body has devel- I believe that the need for protecting these tion Act, which the gentleman seeks to oped a significant array of programs and pro- vulnerable children is so great, and the poten- exempt, is voluntary, and funding for tections for senior citizens. tial for inaction is so significant, that specific this program is provided through an- In 1992, in reauthorizing the Older Ameri- exception to the terms of the unfunded man- nual appropriations which are made on cans Act, an act that passed this Congress on date legislation should be modified to specifi- a discretionary basis. The bill that we its first vote on the floor without a dissenting cally exclude mandates under this particular have before us, H.R. 5, clearly defines a vote, Congress added the ombudsman re- legislation. Federal intergovernmental mandate to quirements. I would also point out that these mandates mean a provision that, and I am While I am sure that this particular section were not as strict as some would have us be- quoting, would impose an enforceable would meet the terms of the legislation under lieveÐbecause States were allowed to re- duty upon States, local governments or consideration today, how do you fix the value quest waivers for implementation, and where it private governments except, except, a of a humane compassionate act. was shown that the State had justification for condition of Federal assistance or duty January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 875 arising from participation on a vol- posing. We could well decide that we Edwards Kolbe Riggs Ehlers LaHood Roberts untary Federal program. might want to pass that through with- Ehrlich Largent Roemer Mr. Chairman, specifically these two out paying for it. Emerson Latham Rogers programs fall within that definition. Mr. Chairman, yield back the balance English LaTourette Rohrabacher Therefore, H.R. 5 does not apply to the of my time. Ensign Laughlin Ros-Lehtinen Everett Lazio Rose Older Americans Act or the Juvenile The CHAIRMAN. All time has ex- Ewing Leach Roth Justice and Delinquency Act. The pired. Fawell Levin Roukema amendment is really rhetorical in na- The question is on the amendments Fields (TX) Lewis (CA) Royce ture, and I think it is misleading as to Flanagan Lewis (KY) Salmon offered by the gentleman from Califor- Foley Lightfoot Sanford what the intent of this bill is. nia [Mr. MARTINEZ]. Forbes Lincoln Sawyer Mr. Chairman, I yield such time as he The question was taken; and the Fowler Linder Saxton may consume to the gentleman from Chairman announced that the noes ap- Fox Lipinski Scarborough Frank (MA) Livingston Schaefer OODLING Pennsylvania [Mr. G ], chair- peared to have it. Franks (CT) LoBiondo Schiff man of the Committee on Economic RECORDED VOTE Franks (NJ) Longley Seastrand and Educational Opportunities. Mr. MARTINEZ. Mr. Chairman, I de- Frelinghuysen Lucas Sensenbrenner Mr. GOODLING. Mr. Chairman, I, Frisa Manzullo Shadegg mand a recorded vote. Frost Martini Shaw too, want to indicate that this amend- A recorded vote was ordered. Funderburk McCarthy Shays ment is not necessary because these The vote was taken by electronic de- Gallegly McCollum Shuster Ganske McCrery Sisisky programs are already exempt. I have vice, and there were—ayes 126, noes 296, worked with the gentleman who has of- Gekas McDade Skaggs not voting 12, as follows: Geren McHale Skeen fered the amendment this evening to [Roll No. 69] Gilchrest McHugh Skelton perfect these programs and to enact Gillmor McInnis Smith (MI) these programs and certainly would AYES—126 Gilman McIntosh Smith (NJ) not be here today trying to do any- Abercrombie Gephardt Nadler Goodlatte McKeon Smith (TX) Goodling McNulty Smith (WA) thing to take away from the programs. Ackerman Gibbons Oberstar Becerra Gonzalez Obey Gordon Meehan Solomon They are voluntary on the basis of the Beilenson Green Olver Goss Metcalf Souder State participation and, therefore, are Bentsen Gutierrez Ortiz Graham Meyers Spence not mandates as this legislation calls Berman Hall (OH) Owens Greenwood Mica Spratt Bishop Hastings (FL) Pallone Gunderson Miller (FL) Stearns for. Bonior Hilliard Pastor Gutknecht Minge Stenholm Hall (TX) Molinari Stump b 2230 Borski Hinchey Payne (NJ) Boucher Holden Pelosi Hamilton Mollohan Stupak I would not want the public to think Brown (CA) Jackson-Lee Reed Hancock Montgomery Talent Hansen Moorhead Tanner that we are trying to do something in Brown (FL) Jefferson Reynolds Bryant (TX) Johnson, E. B. Richardson Harman Moran Tate H.R. 5 that would erode protection for Clay Johnston Rivers Hastings (WA) Morella Tauzin vulnerable populations. Therefore, I be- Clayton Kanjorski Roybal-Allard Hayes Murtha Taylor (MS) lieve, and sincerely believe, that the Clyburn Kennedy (MA) Rush Hayworth Myers Taylor (NC) Coleman Kennedy (RI) Sabo Hefley Myrick Thomas amendment is unnecessary, because Collins (IL) Kennelly Sanders Heineman Nethercutt Thornberry they are already protected. Collins (MI) Kildee Schroeder Hilleary Neumann Thurman Mr. MARTINEZ. Mr. Chairman, will Conyers Kleczka Schumer Hobson Ney Tiahrt the gentleman yield? Coyne Klink Scott Hoekstra Norwood Torkildsen de la Garza LaFalce Serrano Hoke Nussle Upton Mr. GOODLING. I yield to the gen- DeLauro Lantos Slaughter Horn Orton Visclosky tleman from California. Dellums Lewis (GA) Stark Hostettler Oxley Volkmer Mr. MARTINEZ. I thank the gen- Deutsch Lofgren Stokes Houghton Packard Vucanovich Hoyer Parker Waldholtz tleman for yielding. Dicks Lowey Tejeda Dingell Luther Thompson Hunter Paxon Walker Mr. Chairman, there are two particu- Dixon Maloney Thornton Hutchinson Payne (VA) Walsh lar things in each of those programs Doggett Manton Torres Hyde Peterson (FL) Wamp that I will remind the gentleman of Doyle Markey Torricelli Inglis Peterson (MN) Watts (OK) Engel Martinez Towns Istook Petri Weldon (FL) that are unfunded mandates. One is a Eshoo Mascara Traficant Jacobs Pickett Weldon (PA) sight and sound separation of juveniles Evans Matsui Tucker Johnson (CT) Pombo Weller in adult lockups. Recently we passed Farr McDermott Velazquez Johnson (SD) Pomeroy White Johnson, Sam Porter Whitfield that because there were young people Fattah McKinney Vento Fazio Meek Ward Jones Portman Wicker being put in the same cell with and in Fields (LA) Menendez Waters Kaptur Poshard Wilson the same area with, even at times peo- Filner Mfume Watt (NC) Kasich Pryce Wise ple who had committed crimes against Flake Miller (CA) Waxman Kelly Quillen Wolf Foglietta Mineta Woolsey Kim Quinn Young (AK) juveniles, and that is why they were in. Ford Mink Wyden King Radanovich Young (FL) Some of these juveniles were taken Gejdenson Moakley Wynn Kingston Rahall Zeliff into custody because they were de- Klug Ramstad Zimmer NOES—296 Knollenberg Regula serted by their parents, not necessarily Allard Bono Coburn NOT VOTING—12 because they did anything wrong. Andrews Brewster Collins (GA) The only thing I am telling the gen- Archer Browder Combest Bateman Hefner Stockman tleman is there is an unfunded man- Armey Brown (OH) Condit Cox Herger Studds Furse Neal Williams date within the juvenile justice delin- Bachus Brownback Cooley Baesler Bryant (TN) Costello Hastert Rangel Yates quency program, and there is one with- Baker (CA) Bunn Cramer b in the Older Americans Act. The om- Baker (LA) Bunning Crane 2247 budsman was an unfunded mandate. Baldacci Burr Crapo Mr. GORDON changed his vote from Ballenger Burton Cremeans Mr. GOODLING. Mr. Chairman, re- Barcia Buyer Cubin ‘‘aye’’ to ‘‘no.’’ claiming my time, our colloquy will Barr Callahan Cunningham So the amendments were rejected. make it clear they are not unfunded Barrett (NE) Calvert Danner The result of the vote was announced mandates and therefore will not be Barrett (WI) Camp Davis Bartlett Canady Deal as above recorded. part of H.R. 5. Barton Cardin DeFazio b Mr. CLINGER. Mr. Chairman, in con- Bass Castle DeLay 2250 clusion it is the opinion of this gen- Bereuter Chabot Diaz-Balart AMENDMENT OFFERED BY MS. PELOSI Bevill Chambliss Dickey tleman and the chairman of the com- Bilbray Chapman Dooley Ms. PELOSI. Mr. Chairman, I offer mittee that these would not be covered Bilirakis Chenoweth Doolittle an amendment. by H.R. 5. But if in fact there might be Bliley Christensen Dornan The Clerk read as follows: some exception that would cover them, Blute Chrysler Dreier Boehlert Clement Duncan Amendment offered by Ms. PELOSI of Cali- they would still be subject to debate in Boehner Clinger Dunn fornia: In section 4, strike ‘‘or’’ after the terms of what are the costs we are im- Bonilla Coble Durbin semicolon at the end of paragraph (6), strike H 876 CONGRESSIONAL RECORD — HOUSE January 30, 1995 the period at the end of paragraph (7) and in- less the Federal Government pays for Ms. PELOSI. Mr. Chairman, will the sert ‘‘; or’’, and after paragraph (7) add the the entire increase in the minimum gentleman yield? following new paragraph: wage, because it most certainly will ex- Mr. CLINGER. I yield to the gentle- (8) establishes a minimum wage. ceed $50 million, point No. 1. woman from California. The CHAIRMAN. The gentlewoman Point No. 2 is that this is an inter- Ms. PELOSI. Mr. Chairman I appre- from California [Ms. PELOSI] will be governmental mandate. That would ciate the gentleman yielding to me. recognized for 5 minutes, and the gen- mean that what I just described would First of all, Mr. Chairman, I said we tleman from Pennsylvania [Mr. apply to the public sector, but the pri- had debated on this issue as part of an CLINGER] will be recognized for 5 min- vate sector would not be affected by en bloc amendment before. We did not utes in opposition. the legislation, so it would differen- vote on this particular minimum wage The Chair recognizes the gentle- tiate between the public and private amendment alone, because I believe woman from California [Ms. PELOSI]. sector, giving an increased burden to that there were Members in the body Ms. PELOSI. Mr. Chairman, I yield the private sector, something I do not who did not want to support some of myself such time as I may consume. think any of our colleagues want to do. the other amendments. Mr. Chairman, I have submitted this So, Mr. Chairman, I think this Mr. CLINGER. I understand, Mr. amendment for the consideration of amendment is very important because Chairman. our colleagues because I think it is it says in order to increase the mini- Ms. PELOSI. It was in the interest of very important. Even though the hour mum wage: First, we do not have the saving time that we rolled some of is late, and the debate has gone on a additional barrier of a point of order those amendments. long time, and indeed, we have even ad- vote requiring a majority; and, second, Mr. CLINGER. I understand. Re- dressed the minimum wage in the we do not assume all of the cost of the claiming my time, Mr. Chairman, we course of debating some other amend- increase in that minimum wage. will not this evening have a vote on ments en bloc, I think it is very impor- The working poor in our country de- this specific issue. The gentlewoman is tant that the House speak to this issue. serve this opportunity. The minimum right. What my amendment does, and I will wage, people working full time, they Mr. Chairman, I yield such time as he read it, it says ‘‘This act shall not make less than $9,000 a year. We are all may consume to the gentleman from apply to any provision in a Federal familiar with those figures. I just bring Texas [Mr. PETE GEREN]. statute or proposed for final Federal them to the floor to once again dem- Mr. GEREN of Texas. Mr. Chairman, regulation that establishes a minimum onstrate: A, how necessary it is to raise I thank the gentleman for yielding wage.’’ That is what the amendment is. the minimum wage; B, to not throw up time to me. The purpose of the amendment, Mr. any further obstacles to doing so; and, Mr. Chairman, the debate tonight is Chairman, is to remove all doubt from C, to not increase the cost to the Fed- not about the merits of the programs where we go from here in establishing eral taxpayer for the increase in that that are the subject of these amend- a minimum wage. minimum wage. ments. The debate is about a very sim- I will not go into, because the hour is Right now today States have that re- ple principle, the principle that any late, all the reasons why we need an in- sponsibility. Some States, as Members program that is important enough to crease in the minimum wage and how know, including the State of New Jer- pass is important enough to pay for. On low the purchasing power is. However, sey, which was pointed out by Gov- the last amendment I am pleased to re- Mr. Chairman, I think it is important ernor Whitman, have a minimum wage port that 72 Democrats voted to uphold for Members to know that if this of $5.10 which they enforce. Therefore, that principle. amendment does not pass, a situation why are we making it more difficult for Mr. Chairman, I urge my colleagues will exist that includes the following. the working poor in our country to to vote no on this amendment, and Mr. Chairman, just to reiterate for a earn a living wage by hiding behind continue to vote against unfunded moment the purpose of this amend- process? mandates. ment, what this amendment does is to The fact, Mr. Chairman, is that last The CHAIRMAN. All the time has ex- say that unfunded mandate legislation week we voted for one of the mandates. pired. will not affect the establishment of a Almost every Republican except the The question is on the amendment minimum wage. The purpose of the gentleman from Alaska [Mr. YOUNG], offered by the gentlewoman from Cali- amendment is to remove all doubt that and every Democrat voted for the fornia [Ms. PELOSI]. when this body addresses the subject of amendment addressing age discrimina- The question was taken; and the an increase in the minimum wage, tion, so we did exempt already one Chairman announced that the noes ap- there will not be an additional barrier amendment that was presented. I am peared to have it. to increasing that minimum wage. sorry that we could not say children If this legislation, the unfunded man- are a priority, too, in addition to the RECORDED VOTE date legislation, passes without this elderly. I hope that the working poor Mrs. COLLINS of Illinois. Mr. Chair- amendment, the following situation will be given a fair shot by this body as man, I demand a recorded vote. will prevail: When we come to the floor well. A recorded vote was ordered. with an increase in the minimum wage, Mr. CLINGER. Mr. Chairman, I yield The CHAIRMAN. This is a 15-minute it will be necessary for us to have a myself such time as I may consume. vote. point of order called on the bill. We Mr. Chairman, I rise in opposition to The vote was taken by electronic de- would have to have a majority to over- this amendment. The gentlewoman is vice, and there were—ayes 159, noes 260, ride the point of order, and therefore right, Mr. Chairman, this issue has not voting 15, as follows: throw up a higher bar for an increase been discussed prior to this time, on [Roll No. 70] in the minimum wage. the 23d, in the amendment proposed by AYES—159 Mr. Chairman, we are sent here to the gentleman from Vermont [Mr. Abercrombie Clay Dingell make tough decisions about how we SANDERS] which included minimum Ackerman Clayton Dixon legislate. We are not sent here to hide wage along with occupational safety Barcia Clement Doggett behind process. and others. We did fully debate the Barrett (WI) Clyburn Doyle The simple fact of the matter is that matter at that time for about 1 hour Becerra Coleman Durbin Beilenson Collins (IL) Engel without this amendment, if the un- and 20 minutes, and the vote was 161 in Bentsen Collins (MI) Eshoo funded mandate legislation wins, which favor and 263 opposed. Berman Conyers Evans it appears to do, we can count; and if The only point I would make to the Bishop Costello Farr Bonior Coyne Fattah we strive to increase the minimum gentlewoman is that she did indicate Borski Danner Fazio wage on this floor, and we do not win that we would not be able to do this Boucher de la Garza Fields (LA) on the point of order, and so far we under this existing legislation. There is Brown (CA) DeFazio Filner have not had the votes to win on any of nothing, nothing in this bill that would Brown (FL) DeLauro Flake Brown (OH) Dellums Foglietta them, then the Federal Government prevent us from in fact imposing the Bryant (TX) Deutsch Ford cannot increase the minimum wage un- mandate without funding that. Cardin Dicks Frank (MA) January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 877 Frost Markey Rivers Petri Schiff Tejeda Mr. VENTO. Mr. Chairman, I yield Gejdenson Martinez Roybal-Allard Pickett Seastrand Thomas Gephardt Mascara Rush Pombo Sensenbrenner Thornberry myself such time as I may consume. Gonzalez Matsui Sabo Porter Shadegg Tiahrt Mr. Chairman, this is a relatively Gordon McDermott Sanders Portman Shaw Torkildsen straightforward amendment. It applies Green McHale Sawyer Pryce Shays Upton Gutierrez McKinney Schroeder Quillen Shuster Vucanovich to life-threatening public health and Hall (OH) McNulty Schumer Quinn Skeen Waldholtz safety matters. I am certain that the Harman Meehan Scott Radanovich Skelton Walker Members of the House can enumerate Hastings (FL) Meek Serrano Ramstad Smith (MI) Walsh Hilliard Menendez Skaggs Regula Smith (NJ) Wamp many examples of life-threatening Hinchey Mfume Slaughter Riggs Smith (TX) Watts (OK) health and safety actions and laws that Holden Miller (CA) Spratt Roberts Smith (WA) Weldon (FL) we might be called upon to consider in Hoyer Mineta Stark Roemer Solomon Weldon (PA) Jackson-Lee Minge Stokes Rogers Souder Weller this House. Jacobs Mink Stupak Rohrabacher Spence White Second, of course, while the pro- Jefferson Moakley Thompson Ros-Lehtinen Stearns Whitfield ponents of this bill have argued that Johnston Mollohan Thornton Rose Stenholm Wicker Kanjorski Moran Thurman Roth Stump Wilson this is entirely prospective, they are Kaptur Murtha Torres Royce Talent Wolf not looking at the entirety of the legis- Kennedy (MA) Nadler Torricelli Salmon Tanner Young (AK) lation they have before them because Kennedy (RI) Oberstar Towns Sanford Tate Young (FL) Kennelly Obey Traficant Saxton Tauzin Zeliff indeed on page 16 through page 22 it re- Kildee Olver Tucker Scarborough Taylor (MS) Zimmer quires any new rules that are put out Kleczka Owens Velazquez Schaefer Taylor (NC) that come within the scope of the lan- Klink Pallone Vento guage. The point I am trying to make LaFalce Pastor Visclosky NOT VOTING—15 Lantos Payne (NJ) Volkmer Bateman Hefner Sisisky is that it is not just a matter of infor- Levin Pelosi Ward Cox Johnson, E. B. Stockman mation on unfunded mandates. Much Lewis (GA) Pomeroy Waters Furse Montgomery Studds like the CBO process that we would go Lipinski Poshard Watt (NC) Gibbons Neal Williams Lofgren Rahall Waxman Hastert Roukema Yates through today, I think there would be Lowey Rangel Wise much less controversy and, in fact, I b Luther Reed Woolsey 2314 think I would laud the fact of having Maloney Reynolds Wyden Manton Richardson Wynn Ms. HARMAN changed her vote from more information before the House on ‘‘no’’ to ‘‘aye.’’ measures that we are considering. NOES—260 So the amendment was rejected. Indeed, I think that very often we are Allard Dickey Istook The result of the vote was announced Andrews Dooley Johnson (CT) subjected or are left with subjective in- Archer Doolittle Johnson (SD) as above recorded. formation concerning unfunded man- Armey Dornan Johnson, Sam AMENDMENTS OFFERED BY MR. VENTO dates, much as we are with other issues Bachus Dreier Jones Mr. VENTO. Mr. Chairman, I offer an about the impacts of legislation. Baesler Duncan Kasich Baker (CA) Dunn Kelly amendment. Unfortunately, we have no track Baker (LA) Edwards Kim The CHAIRMAN. The Clerk will des- record to guide us with regards to what Baldacci Ehlers King ignate the amendment. the nature of the quality of that infor- Ballenger Ehrlich Kingston Barr Emerson Klug The text of the amendment is as fol- mation will be on unfunded mandates. Barrett (NE) English Knollenberg lows: But this bill reaches far further than Bartlett Ensign Kolbe Amendment offered by Mr. VENTO: In sec- most bills we have considered. Barton Everett LaHood tion 4, strike ‘‘or’’ after the semicolon at the Bass Ewing Largent For instance, although we require a end of paragraph (6), strike the period at the Bereuter Fawell Latham CBO report, we have no separate vote Bevill Fields (TX) LaTourette end of paragraph (7) and insert ‘‘; or’’, and at on that with regards to authorizing Bilbray Flanagan Laughlin the end add the following new paragraph: Bilirakis Foley Lazio (8) applies to life threatening public health legislation. And I might add, ironically Bliley Forbes Leach and safety matters. this legislation completely exempts Blute Fowler Lewis (CA) the appropriations measures from its Boehlert Fox Lewis (KY) Mr. VENTO. Mr. Chairman, I offer an Boehner Franks (CT) Lightfoot amendment numbered 161 with the consideration, Mr. Chairman, so there Bonilla Franks (NJ) Lincoln amendment numbered 137. They are are many facets to this that concern Bono Frelinghuysen Linder similar amendments in different sec- me. Brewster Frisa Livingston I think the issue with regard to the Browder Funderburk LoBiondo tions of the bill. I ask unanimous con- Brownback Gallegly Longley sent they be considered en bloc. straightforward basis with regards to Bryant (TN) Ganske Lucas The CHAIRMAN. The Clerk will des- unfunded mandates is that whenever Bunn Gekas Manzullo we have any matter that would be of Bunning Geren Martini ignate the second amendment. Burr Gilchrest McCarthy The text of the amendment is as fol- any controversy we would be subjected Burton Gillmor McCollum lows: to a process vote. That is to say that Buyer Gilman McCrery the vote would not come on the issue Callahan Goodlatte McDade Amendment offered by Mr. VENTO: In sec- Calvert Goodling McHugh tion 301(2), in the matter proposed to be before us, but simply on the discussion Camp Goss McInnis added as a new section 422 to the Congres- or on the debate of an unfunded man- Canady Graham McIntosh sional Budget Act of 1974, strike ‘‘or’’ after date clearly building a hurdle to the Castle Greenwood McKeon the semicolon at the end of paragraph (6), consideration of important legislation. Chabot Gunderson Metcalf strike the period at the end of paragraph (7) Chambliss Gutknecht Meyers Here again I would point out that my and insert ‘‘, or’’, and at the end add the fol- Chapman Hall (TX) Mica amendment deals with life-threatening Chenoweth Hamilton Miller (FL) lowing new paragraph: Christensen Hancock Molinari (8) applies to life threatening public health health and safety, Mr. Chairman. Chrysler Hansen Moorhead and safety matters. Furthermore, of course, the legisla- Clinger Hastings (WA) Morella tion reaches into laws already enacted, Coble Hayes Myers The CHAIRMAN. Is there objection Coburn Hayworth Myrick to the unanimous consent request of puts in place a procedure whereas new Collins (GA) Hefley Nethercutt the gentleman from Minnesota that rules or modifications have to be con- Combest Heineman Neumann the amendments be considered en bloc? sidered under the scope of this particu- Condit Herger Ney lar bill. So it does affect every law that Cooley Hilleary Norwood There was no objection. Cramer Hobson Nussle The CHAIRMAN. The gentleman affects life-threatening health and Crane Hoekstra Ortiz from Minnesota [Mr. VENTO] will be safety. Crapo Hoke Orton I would not enumerate. I could point Cremeans Horn Oxley recognized for 5 minutes, and the gen- Cubin Hostettler Packard tleman from Pennsylvania [Mr. out the safety laws that affect auto Cunningham Houghton Parker CLINGER] will be recognized for 5 min- traffic, helmet laws, laws that affect Davis Hunter Paxon utes in opposition. health and safety such as water treat- Deal Hutchinson Payne (VA) DeLay Hyde Peterson (FL) The Chair recognizes the gentleman ment systems in terms of microsporin Diaz-Balart Inglis Peterson (MN) from Minnesota [Mr. VENTO]. or other micronisms which have in fact H 878 CONGRESSIONAL RECORD — HOUSE January 30, 1995 caused problems or the myriad of new The traditional cooperative relationship be- being subject to the limitations inherent in this problems we have had with infectious tween State, local and Federal Governments proposal. Look at the list of exceptions already agents that have appeared on the scene would be dramatically altered by the bill before in this bill: President declared emergency, indi- sadly in the last many decades, Mr. us, replaced with confrontation and denial. viduals constitutional rights, discrimination Chairman. This legislation will leave the Federal Govern- laws, accounting and auditing procedures, and b 2320 ment without the ability to enact laws to pro- national security. Certainly ``life threatening'' tect workers in the workplace, to stop pollution health and safety matters could and should be I think this is a sensible amendment from transcending the boundaries of one State a recognized exception. that speaks really to circumstances to pollute the air and water of another, to help This amendment will ensure that the Mem- that should not be subjected to an the elderly receive proper care in nursing bers of this chamber will be able to carry out extra vote, that should not be sub- homes, and to protect the health and safety of the responsibility that our constituents have jected to a whole new rule and regula- the people and of this Nation. These are but entrusted to us. I strongly urge my colleagues tion process as is outlined in this bill. a small sample of the changes inherent in the to support this amendment. This bill is not just prospective. It is policy espoused by this measure. The CHAIRMAN. The time of the retroactive, affecting many of the rules H.R. 5 as now drafted will unravel decades gentleman from Minnesota [Mr. VENTO] and regulations and the laws we would of public policy that established common na- has expired. pass. tional standards and intergovernmental co- The Chair recognizes the gentleman Finally, Mr. Chairman, I think this operation with regards to public health and cuts at the heart of what the Federal from Pennsylvania [Mr. CLINGER]. safety and the environment. If enacted, State Mr. CLINGER. Mr. Chairman, I yield Government does in terms of reaching and local governments could no longer be ob- out. This legislation proposes to build myself such time as I may consume. ligated to follow national programs unless 100 Mr. Chairman, I rise in opposition to in confrontation rather than building percent of the funding is assured. That is the on cooperation, which I think should the amendment, which is truly a gut- goal and most likely the result. Regardless of ting amendment. be the hallmark of the Federal system, common sense and the benefits of these pro- I think all of the measures we have the States and the National Govern- grams and policies for a local area they would had considered as possible exemptions ment working together. be frustrated by the provision of this measure. under this bill throughout the last 5 The fact of the matter is the Federal In the absence of national standards, State days could easily be considered encom- Government did not take these actions and local governments will establish, or worse independently. Many of the States, yet, not establish, their own health, safety and passed within the parameters of this many political subdivisions, had dec- pollution standards possibly without even the particular amendment. It is a much ades, hundreds of years, to deal with consideration of their neighboring States. In broader amendment than anything we some of the problems they did not deal short, the Federal Government would be ham- have dealt with thus far. I think it with through compacts, through their strung in its ability to respond to the needs of would truly gut the essence of the bill, States, because they could not deal the people we represent, and subject them to because it could be argued it could be with them. We need a national policy. an untested and unverified policy prescription. exempting everything out from under Mr. Chairman and Members, one of Now the proponents suggest that a single vote the coverage of this bill. the things that I think should come to requirement would save the essence of this Mr. Chairman, I yield such time as he our attention is we live in a country Federal-State fabric of law so carefully woven may consume to the gentleman from that has the strongest economy the throughout our history. This belies the dynam- California [Mr. CONDIT]. world has ever seen. It has great ad- ics and impact of the required votes in the Mr. CONDIT. Mr. Chairman, I rise in vances in terms of culture and edu- congressional process. Today it is difficult to opposition to the amendment, with all cation and the sciences and has made pass a bill, tomorrow this measure's design is due respect to my colleague from Min- great strides, greater than almost any to make it far more difficult and darn near im- nesota. other nation on the face of this Earth. possible to pass legislation steeped in con- This amendment, above all the We are taking that Government today, troversy, as without doubt proposed life threat- amendments we have heard here this the Federal Government, that has been ening law and policy would be. If it were sim- evening, will destroy this bill, and once a part of that particular system and ple, the States acting alone or collectively again, this bill is about accountability. putting it at great risk. I know the would have accomplished many of these poli- It is about if we want to do the kinds greatness of this country is in the peo- ciesÐthe fact is that Federal law and policy in of things that the gentleman from Min- ple of this country, Mr. Chairman, but such arena in by necessity, default, or denial nesota wants to do, it is fine and well, I also understand that the governing by the States and political subdivisions. and I probably would support many of structure that we have had has served But, the unintended consequences of H.R. 5 those things. us quite well. are worsened by the quick pace at which it is This just puts some accountability in I think we should be very careful in being pushed, and the lack of deliberation and it and simply says if we are going to do moving to make the modifications proper consideration by the House today and these things, then we ought to figure such as we see in this legislation and the Congress. This bill has reached the floor out a way to pay for it. on an experimental basis. I think it is of the House without one hearing being held I would urge, once again, all of my an experiment that may well go awry, on its merit, intent, or consequence. This is a colleagues, my Democratic colleagues and I think in the end cause great in- very significant piece of legislation and should who have been so faithful in opposing justice and great harm to the people we be considered with careful analysisÐbut poli- these amendments, to oppose this represent. tics and instant gratification seem to be the amendment. Mr. Chairman, this is a good amend- order of the day and the demand by the ma- We have one more after this, and ment. Eliminating health and safety is jority Republicans in this House. then we move hopefully to the next a sensible and common step, and a For these reasons, I am offering an amend- section of the bill. I ask for a no vote thread that has run through many of ment to H.R. 5 to address one of the problems on the amendment. the amendments we have heard on this that has been both overlooked and continues Mr. CLINGER. Mr. Chairman, I yield floor. to be ignored by the proponents of this bill. My back the balance of my time. I hope we could vote for it and I amendment will exempt legislation applying to The CHAIRMAN. The question is on think we could move on from this sec- ``life threatening'' public health and safety mat- the amendments offered by the gen- tion of the bill. ters. I have carefully chosen this language, tleman from Minnesota [Mr. VENTO]. Amidst the current fervor to pass the Un- ``life threatening,'' which addresses health and The question was taken; and the funded Mandate Reform Act of 1995 (H.R. 5) safety matters of the utmost significance. ``Life Chairman announced that the noes ap- important impactsÐoften passed off as just in- threatening'' is very specificÐit means that peared to have it. formation that we should be mindful ofÐhave which endangers one's life. been trivialized. The advocates are either Surely the Federal Government, the Con- RECORDED VOTE naive or misinformed because this proposed gress, must be able to fulfill its obligation to Mr. VENTO. Mr. Chairman, I demand law before the House will significantly impair protect ``life threatening'' health and safety a recorded vote. the Federal Government's ability to govern. matters of the people we represent without A recorded vote was ordered. January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 879 The vote was taken by electronic de- LaHood Orton Smith (NJ) The CHAIRMAN. Is there objection Largent Oxley Smith (TX) vice, and there were—ayes 109, noes 308, Latham Packard Smith (WA) to the request of the gentleman from not voting 17, as follows: LaTourette Pallone Solomon Louisiana? [Roll No. 71] Laughlin Parker Souder There was no objection. Lazio Pastor Spence The CHAIRMAN. The Clerk will des- AYES—109 Leach Paxon Spratt Lewis (CA) Payne (VA) Stearns ignate the amendments. Abercrombie Ford Mink Lewis (KY) Peterson (FL) Stenholm Ackerman Gejdenson Moakley The text of the amendments is as fol- Lightfoot Peterson (MN) Stockman Barcia Gephardt Nadler lows: Lincoln Petri Stump Barrett (WI) Green Oberstar Linder Pickett Talent Amendments offered by Mr. FIELDS of Lou- Becerra Gutierrez Obey Lipinski Pombo Tanner Beilenson Hall (OH) Owens isiana: In section 4, strike ‘‘or’’ after the Livingston Porter Tate Berman Hastings (FL) Payne (NJ) semicolon at the end of paragraph (6), strike LoBiondo Portman Tauzin Bishop Hilliard Pelosi the period at the end of paragraph (7) and in- Longley Poshard Taylor (MS) Bonior Hinchey Pomeroy Lucas Pryce Taylor (NC) sert ‘‘; or’’, and after paragraph (7) add the Brown (CA) Jackson-Lee Rangel Luther Quillen Tejeda following new paragraph: Brown (FL) Jacobs Reed Manzullo Quinn Thomas (8) establishes standards for the education Bryant (TX) Jefferson Reynolds Martini Radanovich Thornberry Cardin Johnston Rivers or safety of students in elementary or sec- McCarthy Rahall Thornton Clay Kennedy (MA) Roybal-Allard ondary public schools. McCollum Ramstad Thurman Clayton Kennedy (RI) Rush In section 301, in the proposed section 422 McCrery Regula Tiahrt Clyburn Kennelly Sabo McDade Richardson Torkildsen of the Congressional Budget Act of 1974, Collins (IL) Kildee Sanders McHale Riggs Torricelli strike ‘‘or’’ after the semicolon at the end of Collins (MI) Kleczka Schroeder McHugh Roberts Traficant paragraph (6), strike the period at the end of Conyers LaFalce Scott McInnis Roemer Upton Coyne Lantos Slaughter paragraph (7) and insert ‘‘; or’’, and after McIntosh Rogers Visclosky DeLauro Levin Stark paragraph (7) add the following new para- McKeon Rohrabacher Volkmer Dellums Lewis (GA) Stokes graph: McNulty Ros-Lehtinen Vucanovich Deutsch Lofgren Stupak Menendez Roth Waldholtz ‘‘(8) establishes standards for the education Dicks Lowey Thompson Metcalf Royce Walker or safety of students in elementary or sec- Dingell Maloney Torres Meyers Salmon Walsh ondary public schools. Dixon Manton Towns Mica Sanford Wamp Doyle Markey Tucker Miller (FL) Sawyer Watts (OK) The CHAIRMAN. The gentleman Engel Mascara Vela´ zquez Molinari Saxton Weldon (FL) from Louisiana [Mr. FIELDS] will be Eshoo Matsui Vento Mollohan Scarborough Weldon (PA) Evans McDermott Ward recognized for 5 minutes, and the gen- Moorhead Schaefer Weller Farr McKinney Waters Moran Schiff White tleman from Pennsylvania [Mr. Fattah Meehan Watt (NC) Morella Schumer Whitfield CLINGER] will be recognized for 5 min- Fazio Meek Waxman Murtha Seastrand Wicker Fields (LA) Mfume Woolsey utes in opposition. Myers Sensenbrenner Wilson Filner Miller (CA) Wynn The Chair recognizes the gentleman Myrick Shadegg Wise Flake Mineta Nethercutt Shaw Wolf from Louisiana [Mr. FIELDS]. Foglietta Minge Neumann Shays Wyden Mr. FIELDS of Louisiana. Mr. Chair- NOES—308 Ney Shuster Young (AK) man, this amendment simply provides Norwood Skaggs Young (FL) Allard Coleman Geren Nussle Skeen Zeliff for an exemption to be made by any Andrews Collins (GA) Gilchrest Olver Skelton Zimmer Federal statute or regulation which es- Archer Combest Gillmor Ortiz Smith (MI) tablishes standards or standards for Armey Condit Gilman Bachus Cooley Gonzalez NOT VOTING—17 safety for students in elementary and Baesler Costello Goodlatte Bateman Johnson, E.B. Serrano secondary education. Today I offer this Baker (CA) Cramer Goodling Cox Martinez Sisisky amendment out of concern for many Baker (LA) Crane Gordon Furse Montgomery Studds Baldacci Crapo Goss Gibbons Neal Williams children in our country who walk into Ballenger Cremeans Graham Hastert Rose Yates unsafe schools on a day-to-day basis. Barr Cubin Greenwood Hefner Roukema There are schools in this country that Barrett (NE) Cunningham Gunderson Bartlett Danner Gutknecht b 2339 do not have the proper tools for writ- Barton Davis Hall (TX) ing, much less the proper conditions to So the amendments were rejected. Bass de la Garza Hamilton ensure their safety. We need to work Bentsen Deal Hancock The result of the vote was announced hard to bring the standard of safety in Bereuter DeFazio Hansen as above recorded. Bevill DeLay Harman our educational system across the Bilbray Diaz-Balart Hastings (WA) f country, bring it up to par with the Bilirakis Dickey Hayes rest of the world. Today our students Bliley Doggett Hayworth PERSONAL EXPLANATION are falling behind. We must look with- Blute Dooley Hefley Mr. HASTERT. Mr. Chairman, be- Boehlert Doolittle Heineman in our system and find ways to improve cause of a serious fire at my father’s Boehner Dornan Herger our Nation as a whole. State by State, Bonilla Dreier Hilleary home in Illinois, I was unable to return Bono Duncan Hobson to Washington earlier today and Mr. Chairman, we need to ensure that Borski Dunn Hoekstra missed a series of votes. Had I been our children are receiving the best pos- Boucher Durbin Hoke sible education, and the buildings in Brewster Edwards Holden present I would have voted: Present on Browder Ehlers Horn rollcall No. 56; ‘‘yes’’ on rollcall No. 57; which they learn must be safe. Brown (OH) Ehrlich Hostettler ‘‘yes’’ on rollcall No. 58; ‘‘no’’ on roll- Thousands of schools open each day, Brownback Emerson Houghton call No. 59; ‘‘no’’ on rollcall No. 60; Mr. Chairman, without proper ventila- Bryant (TN) English Hoyer tion, without air conditioning during Bunn Ensign Hunter ‘‘no’’ on rollcall No. 61; ‘‘no’’ on Roll- Bunning Everett Hutchinson call 62; ‘‘no’’ on rollcall No. 63; ‘‘no’’ on the heat of summer, without heat dur- Burr Ewing Hyde rollcall No. 64; ‘‘no’’ on rollcall No. 65; ing the middle of winter. Thousands of Burton Fawell Inglis schools, Mr. Chairman, open with leak- Buyer Fields (TX) Istook ‘‘no’’ on rollcall No. 66; ‘‘no’’ on rollcall Callahan Flanagan Johnson (CT) No. 67; ‘‘no’’ on rollcall No. 68; ‘‘no’’ on ing ceilings. Many of them have lead Calvert Foley Johnson (SD) rollcall No. 69; ‘‘no’’ on rollcall No. 70; paint. Many schools in our Nation, Mr. Camp Forbes Johnson, Sam and ‘‘no’’ on rollcall No. 71. Chairman and Members of the Con- Canady Fowler Jones Castle Fox Kanjorski The CHAIRMAN. Are there further gress, have asbestos. I urge that the Chabot Frank (MA) Kaptur amendments to section 4? Members of this body adopt this Chambliss Franks (CT) Kasich AMENDMENTS OFFERED BY MR. FIELDS OF amendment because our schools are in Chapman Franks (NJ) Kelly LOUISIANA bad, bad shape all across America. Our Chenoweth Frelinghuysen Kim Christensen Frisa King Mr. FIELDS of Louisiana. Mr. Chair- jails are in better condition than our Chrysler Frost Kingston man, I offer two amendments, num- schools. Clement Funderburk Klink bered 151 and 152, which were printed in This is a good amendment. I com- Clinger Gallegly Klug Coble Ganske Knollenberg the RECORD, and I ask unanimous con- mend it to the rest of the body, and I Coburn Gekas Kolbe sent that they be considered en bloc. urge its adoption. H 880 CONGRESSIONAL RECORD — HOUSE January 30, 1995 Mr. Chairman, I reserve the balance because we were afraid of their votes, Lipinski Oberstar Serrano Lofgren Olver Slaughter of my time. and here we have a situation where we Lowey Owens Stark Mr. CLINGER. Mr. Chairman, let me, are asking to exempt children, and, as Luther Pallone Stokes first of all, say I am sure I speak for all my colleagues know, they do not vote, Maloney Pastor Thompson of my colleagues on both sides of the so they find themselves in the position Manton Payne (NJ) Thornton Markey Pelosi Torres aisle in congratulating the gentleman of not wanting to support it. Mascara Peterson (FL) Torricelli from Louisiana [Mr. FIELDS] on the Let me go a step further because Matsui Poshard Towns birth of his son. somebody in this building needs to McCarthy Rangel Traficant So, Mr. Chairman, it is with reluc- McDermott Reed Tucker clear the air on this Contract With McKinney Reynolds Velazquez tance that I must rise with opposition America. Let me tell my colleagues Meehan Richardson Vento to the gentleman’s amendment, know- what elementary contract law says: Meek Rivers Volkmer ing, as I do, that he will have a son in Black’s Dictionary says an agreement Menendez Roybal-Allard Ward Mfume Rush Waters school in not too many years, but between two or more parties for the Miller (CA) Sabo Watt (NC) again I have to say that this amend- doing or not doing something specified Mineta Sanders Waxman ment, as most of the amendments we is a contract. Mink Sawyer Woolsey have seen before, really must not be ex- Moakley Schroeder Wyden I say to my colleagues, the American Nadler Scott Wynn empt because it would not allow us to people, whoever you all keep talking have the kind of cost adjustments, cost about, or the mandate that you claim NOES—282 considerations, that we have. that you got 20 percent of 39 percent of, Allard Emerson Levin Mr. Chairman, I yield such time as he is not a mandate in the sense of what Andrews English Lewis (CA) may consume to the gentleman from the American people want, and for my Archer Ensign Lewis (KY) Mississippi [Mr. PARKER]. Armey Everett Lightfoot Democratic colleagues who have been Bachus Ewing Lincoln Mr. PARKER. Mr. Chairman, I hesi- about the business of being bipartisan, Baesler Fawell Linder tate to rise in opposition to the amend- I commend you and respect you for Baker (CA) Fields (TX) Livingston ment offered by the gentleman from Baker (LA) Flanagan LoBiondo your bipartisan efforts, but I remind Baldacci Foley Longley Louisiana [Mr. FIELDS], my good you that it should be a two-way street. Ballenger Forbes Lucas friend, and being one of the more diplo- Let me tell my colleagues something: Barr Fowler Manzullo matic Members of the House of Rep- People, you have the votes in the Barrett (NE) Fox Martini resentatives, I feel compelled to say Barrett (WI) Franks (CT) McCollum House to pass the legislation that you Bartlett Franks (NJ) McCrery that I have watched for a long time want unilaterally, but don’t you go Barton Frelinghuysen McDade around this body when the Republicans around saying that my constituents Bass Frisa McHale were in the minority. I used to watch signed on to your contract. They did Bereuter Funderburk McHugh the Republicans bring forth amend- Bevill Gallegly McInnis not. Bilbray Ganske McIntosh ments, and I could see the commercial And let me also make it clear, let me Bilirakis Gekas McKeon coming out, and all of a sudden we see make it clear for everybody in here, Bliley Geren McNulty Blute Gilchrest Metcalf the same thing on the Democratic side, that the Republicans do not know all my side. I think that this type of situa- Boehlert Gillmor Meyers of what the American people want, and Boehner Gilman Mica tion in which we find ourselves hurts the Democrats do not either. Bonilla Goodlatte Miller (FL) this body, and I think the American Bono Goodling Minge Mr. FIELDS of Louisiana. Mr. Chair- Boucher Gordon Molinari people look upon us, and they say, man, I yield back the balance of my ‘‘You are not doing what you should be Brewster Goss Mollohan time. Browder Graham Moorhead doing.’’ Mr. CLINGER. Mr. Chairman, I, too, Brown (OH) Greenwood Moran I personally want a clean unfunded Brownback Gunderson Morella yield back the balance of my time. mandates bill. I think it is what we Bryant (TN) Gutknecht Murtha The CHAIRMAN. The question is on Bunn Hall (TX) Myers need, and I believe the American peo- the amendments offered by the gen- Bunning Hamilton Myrick ple have let us know that time and Burr Hancock Nethercutt tleman from Louisiana [Mr. FIELDS]. time again. Join with me in defeating Burton Hansen Neumann The question was taken; and the this amendment. Buyer Harman Ney Chairman announced that the noes ap- Callahan Hastert Norwood Mr. FIELDS of Louisiana. Mr. Chair- peared to have it. Calvert Hastings (WA) Nussle man, I yield 21⁄2 minutes to the distin- Camp Hayes Obey guished gentleman from the State of RECORDED VOTE Canady Hayworth Ortiz Mr. FIELDS of Louisiana. Mr. Chair- Castle Hefley Orton Florida [Mr. HASTINGS]. Chabot Heineman Oxley Mr. HASTINGS. Mr. Chairman, I man, I demand a recorded vote. Chambliss Herger Packard would like to say to the distinguished A recorded vote was ordered. Chapman Hilleary Parker gentleman from Pennsylvania that I, The vote was taken by electronic de- Chenoweth Hobson Paxon vice, and there were ayes 135, noes 282, Christensen Hoekstra Payne (VA) too, join him in congratulating the Chrysler Hoke Peterson (MN) gentleman from Louisiana [Mr. FIELDS] not voting 17, as follows: Clinger Horn Petri for he and his wife having a son, but I [Roll No. 72] Coble Hostettler Pickett Coburn Houghton Pombo would urge the gentleman from Penn- AYES—135 Collins (GA) Hunter Pomeroy sylvania to recognize, as another gen- Abercrombie Danner Gejdenson Combest Hutchinson Porter tleman from Pennsylvania said, that Ackerman DeFazio Gephardt Condit Hyde Portman what we need for his son is safe Barcia DeLauro Gonzalez Cooley Inglis Pryce Becerra Dellums Green Cramer Istook Quillen schools, and that is what this measure Beilenson Deutsch Gutierrez Crane Johnson (CT) Quinn is about. To ask for regulations and Bentsen Dicks Hastings (FL) Crapo Johnson (SD) Radanovich standards for our children is not asking Berman Dingell Hilliard Cremeans Johnson, Sam Rahall Bishop Dixon Hinchey Cubin Jones Ramstad much. Bonior Doggett Holden Cunningham Kasich Regula Unfunded mandates? The Repub- Borski Doyle Hoyer Davis Kelly Riggs licans say the American people want us Brown (CA) Durbin Jackson-Lee de la Garza Kim Roemer to pass this bill. I say, Cheer, if you Brown (FL) Engel Jacobs Deal King Rogers Bryant (TX) Eshoo Jefferson DeLay Kingston Rohrabacher will. The American people, the Amer- Cardin Evans Johnston Diaz-Balart Kleczka Ros-Lehtinen ican people, can’t possibly wan rat-in- Clay Farr Kanjorski Dickey Klug Roth fested schools, asbestos-laden schools, Clayton Fattah Kaptur Dooley Knollenberg Royce Clement Fazio Kennedy (MA) Doolittle Kolbe Salmon leaky roofs, broken windows, drug-rid- Clyburn Fields (LA) Kennedy (RI) Dornan LaHood Sanford den schools, broken toilets, water foun- Coleman Filner Kennelly Dreier Largent Saxton tains that don’t work and scared chil- Collins (IL) Flake Kildee Duncan Latham Scarborough dren and teachers. Collins (MI) Foglietta Klink Dunn LaTourette Schaefer Conyers Ford LaFalce Edwards Laughlin Schiff When we voted to exempt the older Costello Frank (MA) Lantos Ehlers Lazio Schumer Americans from discrimination, it was Coyne Frost Lewis (GA) Ehrlich Leach Seastrand January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 881

Sensenbrenner Stockman Waldholtz (b) CRITERIA.— (e) TRAVEL EXPENSES.—Each member of Shadegg Stump Walker (1) IN GENERAL.—The Commission shall es- the Commission may receive travel expenses, Shaw Stupak Walsh tablish criteria for making recommendations including per diem in lieu of subsistence, in Shays Talent Wamp under subsection (a). Shuster Tanner Watts (OK) accordance with sections 5702 and 5703 of Skaggs Tate Weldon (FL) (2) ISSUANCE OF PROPOSED CRITERIA.—The title 5, United States Code. Skeen Tauzin Weldon (PA) Commission shall issue proposed criteria (f) CHAIRPERSON.—The President shall des- Skelton Taylor (MS) Weller under this subsection not later than 60 days ignate a member of the Commission as Smith (MI) Taylor (NC) White after the date of the enactment of this Act, Chairperson at the time of the appointment Smith (NJ) Tejeda Whitfield and thereafter provide a period of 30 days for of that member. Smith (TX) Thomas Wicker submission by the public of comments on the (g) MEETINGS.— Smith (WA) Thornberry Wilson proposed criteria. Solomon Thurman Wise (1) IN GENERAL.—Subject to paragraph (2), (3) FINAL CRITERIA.—Not later than 45 days Souder Tiahrt Wolf the Commission shall meet at the call of the after the date of issuance of proposed cri- Spence Torkildsen Young (AK) Chairperson or a majority of its members. teria, the Commission shall— Spratt Upton Young (FL) (2) FIRST MEETING.—The Commission shall (A) consider comments on the proposed cri- Stearns Visclosky Zeliff convene its first meeting by not later than 45 Stenholm Vucanovich Zimmer teria received under paragraph (2); days after the date of the completion of ap- NOT VOTING—17 (B) adopt and incorporate in final criteria any recommendations submitted in those pointment of the members of the Commis- Bateman Johnson, E. B. Roukema comments that the Commission determines sion. Cox Martinez Sisisky will aid the Commission in carrying out its (3) QUORUM.—A majority of members of the Furse Montgomery Studds Commission shall constitute a quorum but a Gibbons Neal Williams duties under this section; and Hall (OH) Roberts Yates (C) issue final criteria under this sub- lesser number may hold hearings. Hefner Rose section. SEC. 104. DIRECTOR AND STAFF OF COMMISSION (c) PRELIMINARY REPORT.— b EXPERTS AND CONSULTANTS. 0005 N GENERAL (1) I .—Not later than 9 months (a) DIRECTOR.—The Commission shall have So the amendments were rejected. after the date of the enactment of this Act, a Director who shall be appointed by the The result of the vote was announced the Commission shall— Commission. The Director shall be paid at a as above recorded. (A) prepare and publish a preliminary re- level not to exceed the rate of basic pay pay- port on its activities under this title, includ- able for level IV of the Executive Schedule. The CHAIRMAN. Are there further ing preliminary recommendations pursuant (b) STAFF.—With the approval of the Com- amendments to section 4? to subsection (a); mission, and without regard to section The Clerk will designate title I. (B) publish in the Federal Register a notice 5311(b) of title 5, United States Code, the Di- The text of title I is as follows: of availability of the preliminary report; and rector may appoint and fix the pay of such TITLE I—REVIEW OF UNFUNDED (C) provide copies of the preliminary re- staff as is sufficient to enable the Commis- FEDERAL MANDATES port to the public upon request. sion to carry out its duties. SEC. 101. ESTABLISHMENT. (2) PUBLIC HEARINGS.—The Commission shall hold public hearings on the preliminary (c) APPLICABILITY OF CERTAIN CIVIL SERV- There is established a commission which ICE LAWS.—The Director and staff of the shall be known as the ‘‘Commission on Un- recommendations contained in the prelimi- nary report of the Commission under this Commission may be appointed without re- funded Federal Mandates’’ (in this title re- gard to the provisions of title 5, United ferred to as the ‘‘Commission’’). subsection. (d) FINAL REPORT.—Not later than 3 States Code, governing appointments in the SEC. 102. REPORT ON UNFUNDED FEDERAL MAN- competitive service, and may be paid with- DATES BY THE COMMISSION. months after the date of the publication of the preliminary report under section (c), the out regard to the provisions of chapter 51 and (a) IN GENERAL.—The Commission shall in Commission shall submit to the Congress, in- subchapter III of chapter 53 of that title re- accordance with this section— cluding the Committee on Government Re- lating to classification and General Schedule (1) Investigate and review the role of un- form and Oversight of the House of Rep- pay rates, except that an individual so ap- funded Federal mandates in intergovern- resentatives and the Committee on Govern- pointed may not receive pay in excess of the mental relations and their impact on State, ment Affairs of the Senate, and to the Presi- annual rate payable under section 5376 of local, tribal, and Federal government objec- dent a final report on the findings, conclu- title 5, United States Code. tives and responsibilities; and sions, and recommendations of the Commis- (d) EXPERTS AND CONSULTANTS.—The Com- (2) make recommendations to the Presi- sion under this section. mission may procure temporary and inter- dent and the Congress regarding— mittent services of experts or consultants (A) allowing flexibility for State, local, SEC. 103. MEMBERSHIP. and tribal governments in complying with (a) NUMBER AND APPOINTMENT.—The Com- under section 3109(b) of title 5, United States specific unfunded Federal mandates for mission shall be composed of 9 members ap- Code. which terms of compliance are unnecessarily pointed from individuals who possess exten- (e) STAFF OF FEDERAL AGENCIES.—Upon re- rigid or complex; sive leadership experience in and knowledge quest of the Director, the head of any Fed- (B) reconciling any 2 or more unfunded of State, local, and tribal governments and eral department or agency may detail, on a Federal mandates which impose contradic- intergovernmental relations, including State reimbursable basis, any of the personnel of tory or inconsistent requirements; and local elected officials, as follows: that department or agency to the Commis- (C) terminating unfunded Federal man- (1) 3 members appointed by the Speaker of sion to assist it in carrying out its duties dates which are duplicative, obsolete, or the House of Representatives, in consulta- under this title. tion with the minority leader of the House of lacking in practical utility; SEC. 105. POWER OF COMMISSION. (D) suspending, on a temporary basis, un- Representatives. (a) HEARINGS AND SESSIONS.—The Commis- funded Federal mandates which are not vital (2) 3 members appointed by the majority sion may, for the purpose of carrying out to public health and safety and which leader of the Senate, in consultation with this title, hold hearings, sit and act at times compound the fiscal difficulties of State, the minority leader of the Senate. and places, take testimony, and receive evi- local, and tribal governments, including rec- (3) 3 members appointed by the President. ommendations for triggering such suspen- (b) WAIVER OF LIMITATION ON EXECUTIVE dence as the Commission considers appro- sion; SCHEDULE POSITIONS.—Appointments may be priate. (E) consolidating or simplifying unfunded made under this section without regard to (b) POWERS OF MEMBERS AND AGENTS.—Any Federal mandates, or the planning or report- section 5311(b) of title 5, United States Code. member or agent of the Commission may, if ing requirements of such mandates, in order (c) Terms.— authorized by the Commission, take any ac- to reduce duplication and facilitate compli- (1) IN GENERAL.—Each member of the Com- tion which the Commission is authorized to ance by State, local, and tribal governments mission shall be appointed for the life of the take by this section. with those mandates; and Commission. (c) OBTAINING OFFICIAL DATA.—The Com- (F) establishing common Federal defini- (2) VACANCIES.—A vacancy in the Commis- mission may secure directly from any de- tions or standards to be used by State, local, sion shall be filled in the manner in which partment or agency of the United States in- and tribal governments in complying with the original appointment was made. formation necessary to enable it to carry out unfunded Federal mandates that use dif- (d) BASIC PAY.— this title, except information— ferent definitions or standards for the same (1) RATES OF PAY.—Members of the Com- (1) which is specifically exempted from dis- terms or principles. mission shall serve without pay. closure by law; or (3) IDENTIFICATION OF RELEVANT UNFUNDED (2) PROHIBITION OF COMPENSATION OF FED- (2) which that department or agency deter- FEDERAL MANDATES.—Each recommendation ERAL EMPLOYEES.—Members of the Commis- mines will disclose— under paragraph (2) shall, to the extent prac- sion who are full-time officers or employees (A) matters necessary to be kept secret in ticable, identify the specific unfunded Fed- of the United States may not receive addi- the interests of national defense or the con- eral mandates to which the recommendation tional pay, allowances, or benefits by reason fidential conduct of the foreign relations of applies. of their service on the Commission. the United States. H 882 CONGRESSIONAL RECORD — HOUSE January 30, 1995 (B) information relating to trade secrets or people. H.R. 5 is a top priority for those of us Federal mandates imposed on local govern- financial or commercial information pertain- who have signed the Contract With AmericaÐ ments. With this in mind, I respectfully urge ing specifically to a given person if the infor- and we intend to deliver. House Members to support H.R. 5, the Un- mation has been obtained by the Govern- ment on a confidential basis, other than Mr. Chairman, we are not the only ones funded Mandate Reform Act of 1995. through an application by such person for a who have been eagerly waiting for this legisla- Mr. CLINGER. Mr. Chairman, I move specific financial or other benefit, and is re- tion. State and local officials around the coun- that the Committee do now rise. quired to be kept secret in order to prevent try are so disgusted with the Federal Govern- The motion was agreed to. undue injury to the competitive position of ment's penchant for establishing new pro- Accordingly, the Committee rose; such person; or grams without paying for them, they estab- and the Speaker pro tempore (Mr. (C) personnel or medical data or similar lished an official Unfunded Mandates Day to EHLERS) having assumed the chair, Mr. data the disclosure of which would con- EMERSON, Chairman of the Committee stitute a clearly unwarranted invasion of make their concerns felt here in Washington. personal privacy; They have done this because it is the simple of the Whole House on the State of the unless the portions containing such matters, fact that the burden of paying for unfunded Union, reported that that Committee, information, or data have been excised. mandates is minimizing the effectiveness of having had under consideration the bill Upon request of the Chairperson of the Com- State and local governments to provide even (H.R. 5) to curb the practice of impos- mission, the head of that department or the most basic local services. Let me make ing unfunded Federal mandates on agency shall furnish that information to the one thing clearÐwe have heard their voices, States and local governments, to en- Commission. and are dedicated to making a real difference. sure that the Federal Government pays (d) MAILS.—The Commission may use the What good do unfunded mandates serve if the costs incurred by those govern- United States mail in the same manner and they require city officials to seriously consider ments in complying with certain re- under the same conditions as other depart- buying and passing out bottled water to resi- quirements under Federal statues and ments and agencies of the United States. regulations, and to provide information (e) ADMINISTRATIVE SUPPORT SERVICES.— dents rather than comply with the strict Fed- Upon the request of the Commission, the Ad- eral water testing requirements set forth in the on the cost of Federal mandates on the ministrator of General Services shall provide Safe Drinking Water Act? How effective is re- private sector, and for other purposes, to the Commission, on a reimbursable basis, quiring a city to spend over $250,000 over 3 had come to no resolution thereon. the administrative support services nec- years to remove petroleum-contaminated soil f essary for the Commission to carry out its so that an asphalt parking lot could be put on duties under this title. top of itÐwhen asphalt is a petroleum-based (f) CONTRACT AUTHORITY.—The Commission REMOVAL OF NAME OF MEMBER may, subject to appropriations, contract product? Mandates like these serve no oneÐ AS COSPONSOR OF H.R. 607 except the Federal bureaucrats, of course. with and compensate government and pri- Mr. RAMSTAD. Mr. Speaker, I ask Once again, Mr. Chairman, I would like to vate agencies or persons for property and unanimous consent that my name be services used to carry out its duties under express my strong support for the Unfunded withdrawn as a cosponsor of H.R. 607. this title. Mandate Reform Act and urge its passage in The Speaker pro tempore. Is there SEC. 106. TERMINATION. the House of Representatives as well as the objection to the request of the gen- The Commission shall terminate 90 days other body. We owe the American people tleman from Minnesota? after submitting its final report pursuant to nothing less. section 102(d). There was no objection. Mr. MCKEON. Mr. Chairman, legislative man- SEC. 107. AUTHORIZATION OF APPROPRIATIONS. f There is authorized to be appropriated to dates made by the Federal Government have placed a significant financial burden on com- the Commission $1,000,000 to carry out this PERSONAL EXPLANATION title. munities in California. The city of Los Angeles SEC. 108. DEFINITION. estimates that Federal mandates will cost ap- Mr. FIELDS of Louisiana. Mr. Speak- As used in this title, the term ‘‘Federal proximately $2.2 billion over 5 years (1993±94 er, last week I missed a series of votes mandate’’ means any provision in statute or through 1997±98). In recent years, many Fed- because, on January 22, at 7:14 p.m., my regulation or any Federal court ruling that eral mandates have been placed on cities like wife gave birth to our first child, Cleo imposes an enforceable duty upon States, Los Angeles without Federal funding required Brandon Fields, who weighed 7 lbs., 1 local governments, or tribal governments in- for implementing and enforcing these man- cluding a condition of Federal assistance or oz. and was 20 inches long. a duty arising from participation in a vol- dates. Had I been present, I would have untary Federal program. Despite the attention to this issue, these voted ‘‘yes’’ on rollcall votes 25 SEC. 109. EFFECTIVE DATE. Federal mandates have not subsided. The Na- through 28, 32 and 33, 35, 36, 40, 43 This title shall take effect 60 days after the tional Committee on Uniform Traffic Control through 48, and 50 through 55. I would date of the enactment of this Act. Devices is currently in the process of rec- have voted ‘‘no’’ on rollcall votes 29, 30, Mr. POMBO. Mr. Chairman, I am pleased to ommending improvements in traffic-control de- 37, 38, 39, 41, 49, and 51. see that the Unfunded Mandates Reform Act vices, including street signs, to the Federal f we are debating today is moving steadily to- Highway Administration. In its present form, ward passage in the House of Representa- the National Committee's proposal rec- b 0010 tives. This measure, H.R. 5, is long overdue. ommends new Federal guidelines that would For too many years, the Federal Government require communities to: CONGRATULATIONS TO THE FAM- has been forcing regulations down the throats First, increase the size of the street sign let- ILY OF CLEO FIELDS OF LOUISI- of State and local government officials without tering from 4 inches to 6 inches high; and sec- ANA ON THE BIRTH OF THEIR providing them with the necessary resources ond, modify street name signs to be reflective FIRST CHILD to pay for them. or illuminated. (Mr. ARMEY asked and was given To give an idea of how outrageous this The proposed guidelines do not contain any permission to address the House for 1 practice has become, the Environmental Pro- provisions for cities to fund these changes. minute.) tection Agency's own figures state that its The city's department of transportation has Mr. ARMEY. Mr. Speaker, let me rules and regulations cost this Nation $140 bil- reviewed this proposal and believes that the preface my comments by offering my lion last yearÐthat is 2.2 percent of our entire suggested requirements are extreme and un- congratulations to the gentleman from gross domestic product. Let me remind my necessary. The cost to change the more than Louisiana [Mr. FIELDS] and his wife on colleagues that this represents the cost of 150,000 street name signs in the city would be the birth of their first child. I hope it mandates from just one single agency of the approximately $10 to $15 million. is every bit as much a joy in their life Federal Government. The successful passage Without financial assistance, the city of Los as mine was and is in my life. of H.R. 5 will once-and-for-all end this out- Angeles is not in a position to comply with the rageous, and arrogant, Federal Government proposed new guidelines for street signs. Fur- f practice. thermore, in an urban area such as Los Ange- While I am disappointed that some in this les, many intersections are sufficiently illumi- PERMISSION FOR CERTAIN COM- House have tried to slow down the progress of nated and often feature additional identifying MITTEES TO SIT TODAY DURING H.R. 5, I am confident that the overwhelming signs for drivers of motor vehicles. THE 5-MINUTE RULE bipartisan support it enjoys will enable us to While this is one small example of a much Mr. ARMEY. Mr. Speaker, I ask make good on our promise with the American larger problem, it is indicative of the costly unanimous consent that the following January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 883 committees, and their subcommittees Security and Development Cooperation found a Government of Libya interest. be permitted to sit today while the Act of 1985, 22 U.S.C. 2349aa–9(c). Three licenses were issued authorizing House is meeting in the Committee of 1. On December 22, 1994, I renewed for intellectual property protection in the Whole House under the 5-minute another year the national emergency Libya. rule: The Committee on Economic and with respect to Libya pursuant to In addition, FAC issued eight deter- Educational Opportunities, the Com- IEEPA. This renewal extended the cur- minations with respect to applications mittee on Transportation and Infra- rent comprehensive financial and trade from attorneys to receive fees and re- structure, the Committee on National embargo against Libya in effect since imbursement of expenses for provision Security, the Committee on Science, 1986. Under these sanctions, all trade of legal services to the Government of the Committee on the Judiciary, the with Libya is prohibited, and all assets Libya in connection with wrongful Committee on Resources, the Commit- owned or controlled by the Libyan gov- death civil actions arising from the tee on International Relations, and the ernment in the United States or in the Pan Am 103 bombing. Civil suits have Committee on Small Business. possession or control of U.S. persons been filed in the U.S. District Court for Mr. Speaker, it is my understanding are blocked. the District of Columbia and in the that the minority has been consulted 2. There has been one amendment to Southern District of New York. Rep- and that there is no objection to these the Libyan Sanctions Regulations, 31 resentation of the Government of requests. C.F.R. Part 550 (the ‘‘Regulations’’), Libya when named as a defendant in or Mr. BONIOR. Reserving the right to administered by the Office of Foreign otherwise made a party to domestic object, Mr. Speaker, I will not object. I Assets Control (FAC) of the Depart- U.S. legal proceedings is authorized by rise to suggest that this is a reasonable ment of the Treasury, since my last re- section 550.517(b)(2) of the Regulations request that my friend, the gentleman port on July 18, 1994. The amendment under certain conditions. from Texas [Mr. ARMEY], has made this (59 Fed. Reg. 51106, October 7, 1994) iden- 4. During the current 6-month period, evening. We were given adequate time tified Arab Hellenic Bank (AHB), an FAC continued to emphasize to the to consult with the ranking members Athens-based financial institution, 4 international banking community in of each of the various committees he other entities, and 10 individuals as has just read off to the body. the United States the importance of Specially Designated Nationals (SDNs) identifying and blocking payments Mr. Chairman, the ranking members of Libya. (In addition to the recent made by or on behalf of Libya. The of those committees have no objection SDN action against AHB, the Greek FAC worked closely with the banks to to the request, and the request does not central bank has recently announced implement new interdiction software contain a blanket waiver of the rule, that AHB’s banking license has been systems to identify such payments. As but it specifies the particular commit- revoked.) Included among the individ- a result, during the reporting period, tees that would be affected, and it is uals are three Italian shareholders in more than 210 transactions involving only for one day. We want to reassure Oilinvest (Netherlands) B.V., who in- Libya, totaling more than $14.8 mil- the majority that we want to work creased their positions in the Libyan lion, were blocked. As of December 9, with their leadership to make this in- government-controlled firm shortly be- 1994, 13 of these transactions had been stitution work better, and as long as fore United Nations Security Council licensed to be released, leaving a net we are notified in advance so we can Resolution (UNSCR) 883 directed a check with our appropriate people, and freeze on certain Libyan assets owned amount of more than $14.5 million they think it is a request that will or controlled by the Government or blocked. move this institution forward, we will public authorities of Libya. Since my last report, FAC collected not object. Pursuant to section 550.304(a) of the 15 civil monetary penalties totaling With that, Mr. Speaker, I withdraw Regulations, FAC has determined that more than $76,000 for violations of the my reservation of objection. these entities and individuals des- U.S. sanctions against Libya. Nine of The SPEAKER pro tempore (Mr. ignated as SDNs are owned or con- the violations involved the failure of EHLERS). Is there objection to the re- trolled by, or acting or purporting to banks to block funds transfers to Liby- quest of the gentleman from Texas? act directly or indirectly on behalf of, an-owned or -controlled banks. Two There was no objection./ the Government of Libya, or are agen- other penalties were received for cor- f cies, instrumentalities, or entities of porate export violations. Four addi- that government. By virtue of this de- tional penalties were paid by U.S. citi- REPORT ON DEVELOPMENTS CON- zens engaging in Libyan oilfield-relat- CERNING NATIONAL EMERGENCY termination, all property and interests in property of these entities or persons ed transactions while another 76 cases WITH RESPECT TO LIBYA DE- of similar violations are in active pen- CLARED IN EXECUTIVE ORDER that are in the United States or in the alty processing. NO. 12543 OF JANUARY 7, 1986— possession or control of U.S. persons In October 1994, two U.S. business- MESSAGE FROM THE PRESIDENT are blocked. Further, U.S. persons are men, two U.S. corporations, and sev- OF THE UNITED STATES (H. Doc. prohibited from engaging in trans- eral foreign corporations were indicted No. 104–24) actions with these individuals or enti- ties unless the transactions are li- by a Federal grand jury in Connecticut The SPEAKER pro tempore laid be- censed by FAC. The designations were on three counts of violating the Regu- fore the House the following message made in consultation with the Depart- lations and IEEPA for their roles in from the President of the United ment of State and announced by FAC the illegal exportation of U.S. origin States; which was read and, together in notices issued on June 17 and July 22 fuel pumps to Libya. Various enforce- with the accompanying papers, without and 25, 1994. A copy of the amendment ment actions carried over from pre- objection, referred to the Committee is attached to this report. vious reporting periods have continued on International Relations and ordered 3. During the current 6-month period, to be aggressively pursued. The FAC to be printed: FAC made numerous decisions with re- has continued its efforts under the Op- To the Congress of the United States: spect to applications for licenses to en- eration Roadblock initiative. This on- I hereby report to the Congress on gage in transactions under the Regula- going program seeks to identify U.S. the developments since my last report tions, issuing 136 licensing determina- persons who travel to and/or work in of July 18, 1994, concerning the na- tions—both approvals and denials. Con- Libya in violation of U.S. law. tional emergency with respect to Libya sistent with FAC’s ongoing scrutiny of Several new investigations of poten- that was declared in Executive Order banking transactions, the largest cat- tially significant violations of the Lib- No. 12543 of January 7, 1986. This report egory of license approvals (73) con- yan sanctions have been initiated by is submitted pursuant to section 401(c) cerned requests by non-Libyan persons FAC and cooperating U.S. law enforce- of the National Emergencies Act, 50 or entities to unblock bank accounts ment agencies, primarily the U.S. Cus- U.S.C. 1641(c); section 204(c) of the initially blocked because of an appar- toms Service. Many of these cases are International Emergency Economic ent Government of Libya interest. The believed to involve complex conspir- Powers Act (IEEPA), 50 U.S.C. 1703(c); largest category of denials (41) was for acies to circumvent the various prohi- and section 505(c) of the International banking transactions in which FAC bitions of the Libyan sanctions, as well H 884 CONGRESSIONAL RECORD — HOUSE January 30, 1995 as the utilization of international di- REPORT OF THE DEPARTMENT OF this point in the RECORD and to include versionary shipping routes to and from HEALTH AND HUMAN SERVICES extraneous matter.) Libya. The FAC has continued to work REGARDING ADMINISTRATION Mr. SHUSTER. Mr. Speaker, pursuant to closely with the Departments of State OF RADIATION CONTROL FOR clause 2(a) of House rule XI, I submit a copy and Justice to identify U.S. persons HEALTH AND SAFETY ACT OF of the Rules of The Committee on Transpor- who enter into contracts or agreements 1968 DURING CALENDAR YEAR tation and Infrastructure. with the Government of Libya, or 1993—MESSAGE FROM THE PRESI- RULES OF THE COMMITTEE ON other third-country parties, to lobby DENT OF THE UNITED STATES TRANSPORTATION AND INFRASTRUCTURE United States Government officials or The SPEAKER pro tempore laid be- RULE I.—GENERAL PROVISIONS to engage in public relations work on fore the House the following message (a) Applicability of House Rules.—(1) The behalf of the Government of Libya from the President of the United Rules of the House are the rules of the Com- without FAC authorization. In addi- States; which was read and, together mittee and its subcommittees so far as appli- tion, during the period FAC hosted or with the accompanying papers, without cable, except that a motion to recess from day to day, and a motion to dispense with attended several bilateral and multi- objection, referred to the Committee the first reading (in full) of a bill or resolu- lateral meetings with foreign sanctions on Commerce and ordered to be print- tion, if printed copies are available, are non- authorities, as well as with private for- ed: debatable motions of high privilege in the eign institutions, to consult on issues To the Congress of the United States: Committee and its subcommittees. of mutual interest and to encourage (2) Each subcommittee is part of the Com- In accordance with section 540 of the mittee, and is subject to the authority and strict adherence to the U.N.-mandated Federal Food, Drug, and Cosmetic Act sanctions. direction of the Committee and its rules so (21 U.S.C. 360qq) (previously section far as applicable. 5. The expenses incurred by the Fed- 360D of the Public Health Service Act), (3) Rule XI of the Rules of the House, eral Government in the 6-month period I am submitting the report of the De- which pertains entirely to Committee proce- from July 7, 1994, through January 6, partment of Health and Human Serv- dure, is incorporated and made a part of the 1995, that are directly attributable to ices regarding the administration of rules of the Committee to the extent appli- the exercise of powers and authorities the Radiation Control for Health and cable. (b) Authority to Conduct Investigations.— conferred by the declaration of the Lib- Safety Act of 1968 during calendar year yan national emergency are estimated The Committee is authorized at any time to 1993. conduct such investigations and studies as it at approximately $1.4 million. Person- The report recommends the repeal of may consider necessary or appropriate in the nel costs were largely centered in the section 540 of the Federal Food, Drug, exercise of its responsibilities under Rule X Department of the Treasury (particu- and Cosmetic Act that requires the of the Rules of the House and (subject to the larly in the Office of Foreign Assets completion of this annual report. All adoption of expense resolutions as required Control, the Office of the General the information found in this report is by Rule XI, clause 5 of the Rules of the Counsel, and the U.S. Customs Serv- available to the Congress on a more House) to incur expenses (including travel expenses) in connection therewith. ice), the Department of State, and the immediate basis through the Center for (c) Authority to Print.—The Committee is Department of Commerce. Devices and Radiological Health tech- authorized to have printed and bound testi- 6. The policies and actions of the nical reports, the Radiological Health mony and other data presented at hearings Government of Libya continue to pose Bulletin, and other publicly available held by the Committee. All costs of steno- an unusual and extraordinary threat to sources. This annual report serves lit- graphic services and transcripts in connec- the national security and foreign pol- tle useful purpose and diverts Agency tion with any meeting or hearing of the icy of the United States. In adopting resources from more productive activi- Committee shall be paid from the contingent ties. fund of the House. UNSCR 883 in November 1993, the Secu- (d) Activities Report.—(1) The Committee rity Council determined that the con- WILLIAM J. CLINTON. shall submit to the House, not later than tinued failure of the Government of THE WHITE HOUSE, January 30, 1995. January 2 of each odd-numbered year, a re- Libya to demonstrate by concrete ac- f port on the activities of the Committee tions its renunciation of terrorism, and under Rules X and XI of the Rules of the ANNUAL REPORT OF THE NA- in particular its continued failure to House during the Congress ending on Janu- TIONAL INSTITUTE OF BUILDING respond fully and effectively to the re- ary 3 of such year. SCIENCES FOR FISCAL YEAR (2) Such report shall include separate sec- quests and decisions of the Security 1993—MESSAGE FROM THE PRESI- tions summarizing the legislative and over- Council in UNSCRs 731 and 748, con- DENT OF THE UNITED STATES sight activities of the Committee during cerning the bombing of the Pan Am 103 that Congress. and UTA 772 flights, constituted a The SPEAKER pro tempore laid be- (3) The oversight section of such report threat to international peace and secu- fore the House the following message shall include a summary of the oversight rity. The United States continues to from the President of the United plans submitted by the Committee pursuant believe that still stronger inter- States; which was read and, together to clause 2(d) of Rule X of the Rules of the House, a summary of the actions taken and national measures than those man- with the accompanying papers, without objection, referred to the Committee recommendations made with respect to each dated by UNSCR 883, possibly including such plan, and a summary of any additional a worldwide oil embargo, should be im- on Banking and Financial Services and oversight activities undertaken by the Com- posed if Libya continues to defy the ordered to be printed: mittee, and any recommendations made or will of the international community as To the Congress of the United States: actions taken thereon. expressed in UNSCR 731. We remain de- In accordance with the requirements (e) Publication of Rules.—The Committee’s termined to ensure that the perpetra- rules shall be published in the Congressional of section 809 of the Housing and Com- Record not later than 30 days after the Com- tors of the terrorist acts against Pan munity Development Act of 1974, as mittee is elected in each odd-numbered year. Am 103 and UTA 772 are brought to jus- amended (12 U.S.C. 1701j–2(j)), I trans- RULE II.—REGULAR, ADDITIONAL AND SPECIAL tice. The families of the victims in the mit herewith the annual report of the MEETINGS murderous Lockerbie bombing and National Institute of Building Sciences (a) Regular Meetings.—Regular meetings other acts of Libyan terrorism deserve for fiscal year 1993. of the Committee shall be held on the first nothing less. I shall continue to exer- WILLIAM J. CLINTON. Wednesday of every month to transact its cise the powers at my disposal to apply THE WHITE HOUSE, January 30, 1995. business unless such day is a holiday, or Con- economic sanctions against Libya fully f gress is in recess or is adjourned, in which and effectively, so long as those meas- case the Chairman shall determine the regu- ures are appropriate, and will continue RULES OF PROCEDURE FOR THE lar meeting day of the Committee for that to report periodically to the Congress COMMITTEE ON TRANSPOR- month. The Chairman shall give each mem- ber of the Committee, as far in advance of on significant developments as re- TATION AND INFRASTRUCTURE FOR THE 104TH CONGRESS the day of the regular meeting as the cir- quired by law. cumstances make practicable, a written no- WILLIAM J. CLINTON. (Mr. SHUSTER asked and was given tice of such meeting and the matters to be THE WHITE HOUSE, JANUARY 30. 1995. permission to extend his remarks at considered at such meeting. If the Chairman January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 885 believes that the Committee will not be con- RULE III.—OPEN MEETINGS AND HEARINGS; ries of investigations or activities, only sidering any bill or resolution before the full BROADCASTING when authorized by a majority of the mem- Committee and that there is no other busi- (a) Open meetings.—Each meeting for the bers voting, a majority being present. Such ness to be transacted at a regular meeting, transaction of business, including the mark- authorized subpoenas shall be signed by the the meeting may be canceled or it may be up of legislation, and each hearing of the Chairman of the Committee or by any mem- deferred until such time as, in the judgment Committee or a subcommittee shall be open ber designated by the Committee. If a spe- of the Chairman, there may be matters to the public, except as provided by clause cific request for a subpoena has not been pre- which require the Committee’s consider- 2(g) of Rule XI of the Rules of the House. viously rejected by either the Committee or ation. This paragraph shall not apply to (b) Broadcasting.—Whenever a meeting for subcommittee, the Chairman of the Commit- meetings of any subcommittee. the transaction of business, including the tee, after consultation with the ranking mi- (b) Additional Meetings.—The Chairman markup of legislation, or a hearing is open to nority member of the Committee, may au- may call and convene, as he or she considers the public, that meeting or hearing shall be thorize and issue a subpoena under para- necessary, additional meetings of the Com- open to coverage by television, radio, and graph (a)(2) in the conduct of any investiga- mittee for the consideration of any bill or still photography in accordance with clause 3 tion or activity or series of investigations or resolution pending before the Committee or of Rule XI of the Rules of the House. activities, and such subpoena shall for all for the conduct of other committee business. RULE IV.—RECORDS AND ROLL CALLS purposes be deemed a subpoena issued by the The Committee shall meet for such purpose (a) Keeping of Records.—The Committee Committee. As soon as practicable after a pursuant to the call of the Chairman. shall keep a complete record of all Commit- subpoena is issued under this Rule, the (c) Special Meetings.—If at least three tee action which shall include— Chairman shall notify all members of the members of the Committee desire that a spe- (1) in the case of any meeting or hearing Committee of such action. cial meeting of the Committee be called by transcripts, a substantially verbatim ac- (2) Compliance with any subpoena issued the Chairman, those members may file in the count of remarks actually made during the by the Committee or subcommittee under offices of the Committee their written re- proceedings, subject only to technical, gram- paragraph (a)(2) may be enforced only as au- quest to the Chairman for that special meet- matical and typographical corrections au- thorized or directed by the House. ing. Such request shall specify the measure thorized by the person making the remarks (c) Expenses of Subpoenaed Witnesses.— or matter to be considered. Immediately involved, and Each witness who has been subpoenaed, upon upon the filing of the request, the clerk of (2) a record of the votes on any question on the completion of his or her testimony be- the Committee shall notify the Chairman of which a roll call is demanded. fore the Committee or any subcommittee, the filing of the request. If, within three cal- The result of each such roll call vote shall may report to the offices of the Committee, endar days after the filing of the request, the be made available by the Committee for in- and there sign appropriate vouchers for trav- spection by the public at reasonable times in Chairman does not call the requested special el allowances and attendance fees. If hear- the offices of the Committee. Information so meeting to be held within 7 calendar days ings are held in cities other than Washing- available for public inspection shall include after the filing of the request, a majority of ton, DC, the witness may contact the coun- a description of the amendment, motion, the members of the Committee may file in sel of the Committee, or his or her represent- order or other proposition and the name of ative, before leaving the hearing room. the offices of the Committee their written each member voting for and each member notice that a special meeting of the Commit- voting against such amendment, motion, RULE VI.—QUORUMS tee will be held, specifying the date and hour order, or proposition, and the names of those (a) Working Quorum.—One-third of the thereof, and the measures or matter to be members present but not voting. A record members of the Committee or a subcommit- considered at that special meeting. The vote may be demanded by one-fifth of the tee shall constitute a quorum for taking any Committee shall meet on that date and hour. members present. action other than the closing of a meeting Immediately upon the filing of the notice, (b) Property of the House.—All Committee pursuant to clauses 2(g) and 2(k)(5) of Rule the clerk of the Committee shall notify all hearings, records, data, charts, and files XI of the Rules of the House, the authorizing members of the Committee that such meet- shall be kept separate and distinct from the of a subpoena pursuant to paragraph (b) of ing will be held and inform them of its date congressional office records of the member Committee Rule V, the reporting of a meas- and hour and the measure or matter to be serving as Chairman of the Committee; and ure or recommendation pursuant to para- considered; and only the measure or matter such records shall be the property of the graph (b)(1) of Committee Rule VIII, and the specified in that notice may be considered at House and all Members of the House shall actions described in paragraphs (b), (c) and that special meeting. have access thereto. (d) of this Rule. (d) Vice Chairman.—The Chairman shall (c) Availability of Archived Records.—The (b) Quorum for Reporting.—A majority of records of the Committee at the National Ar- appoint a vice chairman of the Committee the members of the Committee or a sub- chives and Records Administration shall be and of each subcommittee. If the Chairman committee shall constitute a quorum for the made available for public use in accordance of the Committee or subcommittee is not reporting of a measure or recommendation. with Rule XXXVI of the Rules of the House. present at any meeting of the Committee or (c) Approval of Certain Matters.—A major- subcommittee, as the case may be, the vice The Chairman shall notify the ranking mi- nority member of the Committee of any de- ity of the members of the Committee or a chairman shall preside. If the vice chairman subcommittee shall constitute a quorum for is not present, the ranking member of the cision, pursuant to clause 3(b)(3) or clause 4(b) of such rule, to withhold a record other- approval of a resolution concerning any of majority party on the Committee or sub- the following actions: committee who is present shall preside at wise available, and the matter shall be pre- sented to the Committee for a determination (1) A prospectus for construction, alter- that meeting. ation, purchase or acquisition of a public (e) Prohibition on Sitting During 5-Minute on written request of any member of the Committee. building or the lease of space as required by Rule.—The Committee may not sit, without section 7 of the Public Buildings Act of 1959. RULE V.—POWER TO SIT AND ACT; SUBPOENA special leave, while the House is reading a (2) Survey investigation of a proposed POWER measure for amendment under the 5-minute project for navigation, flood control, and rule. The Committee may not sit during a (a) Authority to Sit and Act.—For the pur- other purposes by the Corps of Engineers joint session of the House and Senate or dur- pose of carrying out any of its functions and (section 4 of the Rivers and Harbors Act of ing a recess when a joint meeting of the duties under Rules X and XI of the Rules of March 4, 1913, 33 U.S.C. 542). House and Senate is in progress. the House, the Committee and each of its (3) Construction of a water resources devel- (f) Addressing the Committee.—A Commit- subcommittees, is authorized (subject to opment project by the Corps of Engineers tee member may address the Committee or a paragraph (b)(1) of this Rule)— with an estimated Federal cost not exceed- subcommittee on any bill, motion, or other (1) to sit and act at such times and places ing $15,000,000 (section 201 of the Flood Con- matter under consideration or may question within the United States whether the House trol Act of 1965). a witness at a hearing only when recognized is in session, has recessed, or has adjourned (4) Deletion of water quality storage in a by the Chairman for that purpose. The time and to hold such hearings, and Federal reservoir project where the benefits a member may address the Committee or (2) to require, by subpoena or otherwise, attributable to water quality are 15 percent subcommittee for any such purpose or to the attendance and testimony of such wit- or more but not greater than 25 percent of question a witness shall be limited to 5 min- nesses and the production of such books, the total project benefits (section 65 of the utes, except that this time limit may be records, correspondence, memorandums, pa- Water Resources Development Act of 1974). waived by the Chairman, and a member shall pers, and documents, (5) Authorization of a Natural Resources be limited in his or her remarks to the sub- as it deems necessary. The Chairman of the Conservation Service watershed project in- ject matter under consideration. The Chair- Committee, or any member designated by volving any single structure of more than man shall enforce the preceding sentence. the Chairman, may administer oaths to any 4,000 acre feet of total capacity (section 2 of (g) Meetings to Begin Promptly.—Each witness. P.L. 566, 83rd Congress). meeting or hearing of the Committee shall (b) Issuance of Subpoenas.—(1) A subpoena (d) Quorum for Taking Testimony.—Two begin promptly at the time so stipulated in may be issued by the Committee or sub- members of the Committee or subcommittee the public announcement of the meeting or committee under paragraph (a)(2) in the con- shall constitute a quorum for the purpose of hearing. duct of any investigation or activity or se- taking testimony and receiving evidence. H 886 CONGRESSIONAL RECORD — HOUSE January 30, 1995

RULE VII.—HEARING PROCEDURES RULE VIII.—PROCEDURES FOR REPORTING BILLS (2) its formulation, consideration, and en- (a) Announcement.—The Chairman, in the AND RESOLUTIONS actment of such modifications or changes in case of a hearing to be conducted by the (a) Filing of Reports.—(1) The Chairman of those laws, and of such additional legisla- Committee, and the appropriate subcommit- the Committee shall report promptly to the tion, as may be necessary or appropriate. tee Chairman, in the case of a hearing to be House any measure or matter approved by (b) Oversight Plan.—Not later than Feb- conducted by a subcommittee, shall make the Committee and take necessary steps to ruary 15 of the first session of each Congress, public announcement of the date, place, and bring the measure or matter to a vote. the Committee shall adopt its oversight subject matter of such hearing at least one (2) The report of the Committee on a meas- plans for that Congress in accordance with week before the hearing unless the Commit- ure or matter which has been approved by clause 2(d)(1) of Rule X of the Rules of the tee determines that there is good cause to the Committee shall be filed within 7 cal- House. begin the hearing at an earlier date. In the endar days (exclusive of days on which the (c) Review of Laws and Programs.—The latter event the Chairman or the subcommit- House is not in session) after the day on Committee and the appropriate legislative tee chairman, as the case may be, shall make which there has been filed with the clerk of subcommittees shall cooperatively review such public announcement at the earliest the Committee a written request, signed by and study, on a continuing basis, the appli- possible date. The clerk of the Committee a majority of the members of the Commit- cation, administration, execution, and effec- shall promptly notify the Daily Digest Clerk tee, for the reporting of that measure or tiveness of those laws, or parts of laws, the of the Congressional Record and shall matter. Upon the filing of any such request, subject matter of which is within the juris- promptly enter the appropriate information the clerk of the Committee shall transmit diction of the Committee, and the organiza- into the Committee scheduling service of the immediately to the Chairman of the Com- tion and operation of the Federal agencies House Information Systems as soon as pos- mittee notice of the filing of that request. and entities having responsibilities in or for sible after such public announcement is (b) Quorum; Roll Call Votes.—(1) No meas- the administration and execution thereof, in made. ure, matter or recommendation shall be re- order to determine whether such laws and (b) Written Statement; Oral Testimony.— ported from the Committee unless a major- the programs thereunder are being imple- So far as practicable, each witness who is to ity of the Committee was actually present. mented and carried out in accordance with appear before the Committee or a sub- (2) With respect to each roll call vote on a the intent of the Congress and whether such committee shall file with the clerk of the motion to report any measure or matter of a programs should be continued, curtailed, or Committee or subcommittee, at least 2 public character, and on any amendment of- eliminated. In addition, the Committee and working days before the day of his or her ap- fered to the measure or matter, the total the appropriate legislative subcommittees pearance, a written statement of proposed number of votes cast for and against, and the shall cooperatively review and study any testimony and shall limit his or her oral names of those members voting for and conditions or circumstances which may indi- presentation to a summary of the written against, shall be included in the Committee cate the necessity or desirability of enacting statement. report on the measure or matter. new or additional legislation within the ju- (c) Minority Witnesses.—When any hearing (c) Required Matters.—The report of the risdiction of the Committee (whether or not is conducted by the Committee or any sub- Committee on a measure or matter which any bill or resolution has been introduced committee upon any measure or matter, the has been approved by the Committee shall with respect thereto), and shall on a continu- minority party members on the Committee include the items required to be included by ing basis undertake future research and fore- or subcommittee shall be entitled, upon re- clause 2(l)(3) of Rule XI and clause 7 of Rule casting on matters within the jurisdiction of quest to the Chairman by a majority of those minority members before the completion of XIII of the Rules of the House. the Committee. such hearing, to call witnesses selected by (d) Inflation Impact.—Each report of the (d) Review of Tax Policies.—The Commit- the minority to testify with respect to that Committee on a bill or joint resolution of a tee and the appropriate legislative sub- measure or matter during at least one day of public character reported by the Committee committees shall cooperatively review and hearing thereon. shall contain a detailed analytical statement study on a continuing basis the impact or (d) Summary of Subject Matter.—Upon an- as to whether the enactment of such bill or probable impact of tax policies affecting sub- nouncement of a hearing, to the extent prac- joint resolution into law may have an infla- jects within the jurisdiction of the Commit- ticable, the Committee shall make available tionary impact on prices and costs in the op- tee. immediately to all members of the Commit- eration of the national economy. (e) Additional Views.—If, at the time of ap- RULE X.—REVIEW OF CONTINUING PROGRAMS; tee a concise summary of the subject matter BUDGET ACT PROVISIONS (including legislative reports and other ma- proval of any measure or matter by the Com- terial) under consideration. In addition, upon mittee, any member of the Committee gives (a) Ensuring Annual Appropriations.—The announcement of a hearing and subsequently notice of intention to file supplemental, mi- Committee shall, in its consideration of all as they are received, the Chairman shall nority, or additional views, that member bills and joint resolutions of a public char- make available to the members of the Com- shall be entitled to not less than three cal- acter within its jurisdiction, ensure that ap- mittee any official reports from departments endar days (excluding Saturdays, Sundays, propriations for continuing programs and ac- and agencies on such matter. and legal holidays) in which to file such tivities of the Federal Government and the (e) Participation of Committee Members in views in accordance with clause 2(l)(5) of District of Columbia government will be Subcommittees.—All members of the Com- Rule XI of the Rules of the House. made annually to the maximum extent fea- mittee may sit with any subcommittee dur- (f)(1) Approval of Committee Views.—All sible and consistent with the nature, require- ing any hearing or deliberations and may Committee and subcommittee prints, re- ments, and objectives of the programs and participate in such hearing or deliberations, ports, documents, or other materials, not activities involved. For the purposes of this but a member who is not a member of the otherwise provided for under this Rule, that paragraph, a Government agency includes subcommittee may not vote on any matter purport to express publicly the views of the the organizational units of government list- before such subcommittee. Committee or any of its subcommittees or ed in clause 7(d) of Rule XIII of the Rules of (f) Questioning of Witnesses.—The ques- members of the Committee or its sub- the House. tioning of witnesses in Committee and sub- committees shall be approved by the Com- (b) Review of Multi-year Appropriations.— committee hearings shall be initiated by the mittee or the subcommittee prior to printing The Committee shall review, from time to Chairman, followed by the ranking minority and distribution and any member shall be time, each continuing program within its ju- member and all other members alternating given an opportunity to have views included risdiction for which appropriations are not between the majority and minority parties. as part of such material prior to printing, re- made annually in order to ascertain whether In recognizing members to question wit- lease and distribution in accordance with such program could be modified so that ap- nesses in this fashion, the Chairman shall subparagraph (e) of this rule. propriations therefore would be made annu- take into consideration the ratio of the ma- (2) A Committee or subcommittee docu- ally. jority to minority members present and ment containing views other than those of (c) Views and Estimates.—The Committee shall establish the order of recognition for members of the Committee or subcommittee shall, on or before February 25 of each year, questioning in such a manner as not to dis- shall not be published without approval of submit to the Committee on the Budget (1) advantage the members of the majority nor the Committee or subcommittee. its views and estimates with respect to all the members of the minority. The Chairman matters to be set forth in the concurrent res- may accomplish this by recognizing two ma- RULE IX.—OVERSIGHT olution on the budget for the ensuing fiscal jority members for each minority member (a) Purpose.—The Committee shall carry year which are within its jurisdiction or recognized. out oversight responsibilities as provided in functions, and (2) an estimate of the total (g) Investigative Hearings.—(1) Clause 2(k) this Rule in order to assist the House in— amount of new budget authority, and budget of Rule XI of the Rules of the House (relating (1) its analysis, appraisal, and evaluation outlays resulting therefrom, to be provided to additional rules for investigative hear- of (A) the application, administration, exe- or authorized in all bills and resolutions ings) applies to investigative hearings of the cution, and effectiveness of the laws enacted within its jurisdiction which it intends to be Committee and its subcommittees. by the Congress, or (B) conditions and cir- effective during that fiscal year. (2) A subcommittee may not begin a major cumstances which may indicate the neces- (d) Budget Allocations.—As soon as prac- investigation without approval of a majority sity or desirability of enacting new or addi- ticable after a concurrent resolution on the of such subcommittee. tional legislation, and budget for any fiscal year is agreed to the January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 887

Committee (after consulting with the appro- RULE XIII.—TRAVEL OF MEMBERS AND STAFF Chairman covering the activities and other priate committee or committees of the Sen- (a) Approval.—Consistent with the primary pertinent observations or information gained ate) shall subdivide any allocations made to expense resolution and such additional ex- as a result of such travel. it in the joint explanatory statement accom- pense resolutions as may have been ap- (d) Applicability of Laws, Rules, Policies.— panying the conference report on such reso- proved, the provisions of this rule shall gov- Members and staff of the Committee per- lution, and promptly report such subdivi- ern travel of Committee members and staff. forming authorized travel on official busi- sions to the House, in the manner provided Travel to be reimbursed from funds set aside ness shall be governed by applicable laws, by section 302 or section 602 (in the case of for the Committee for any member or any resolutions, or regulations of the House and fiscal years 1991 through 1995) of the Congres- staff member shall be paid only upon the of the Committee on House Oversight per- sional Budget Act of 1974. prior authorization of the Chairman. Travel taining to such travel, and by the travel pol- (e) Reconciliation.—Whenever the Commit- shall be authorized by the chairman for any icy of the Committee as set forth in the tee is directed in a concurrent resolution on member and any staff member in connection Committee Travel Manual. the budget to determine and recommend with the attendance of hearings conducted changes in laws, bills, or resolutions under by the Committee or any subcommittee and RULE XIV.—ESTABLISHMENT OF SUBCOMMIT- the reconciliation process, it shall promptly meetings, conferences, and investigations TEES; SIZE AND PARTY RATIOS; CONFERENCE make such determination and recommenda- which involve activities or subject matter COMMITTEES tions, and report a reconciliation bill or res- under the general jurisdiction of the Com- (a) Establishment.—There shall be 6 stand- olution (or both) to the House or submit such mittee. Before such authorization is given ing subcommittees. These subcommittees, recommendations to the Committee on the there shall be submitted to the Chairman in with the following sizes (including delegates) Budget, in accordance with the Congres- writing the following: and majority/minority ratios are: sional Budget Act of 1974. (1) the purpose of the travel; (1) Subcommittee on Aviation (29 Mem- RULE XI.—COMMITTEE BUDGETS (2) the dates during which the travel is to bers: 16 majority, 13 minority) (a) Biennial Budget.—The Chairman, in be made and the date or dates of the event (2) Subcommittee on Coast Guard and Mar- consultation with the chairman of each sub- for which the travel is being made; itime Transportation (12 Members: 7 major- committee, the majority members of the (3) the location of the event for which the ity, 5 minority) Committee and the minority members of the travel is to be made; (3) Subcommittee on Public Buildings and Committee, shall, for each Congress, prepare (4) the names of members and staff seeking Economic Development (11 Members: 6 ma- a consolidated Committee budget. Such authorization. jority, 5 minority) budget shall include necessary amounts for (b) Subcommittee Travel.—In the case of (4) Subcommittee on Railroads (16 Mem- staff personnel, necessary travel, investiga- travel of members and staff of a subcommit- bers: 9 majority, 7 minority) tion, and other expenses of the Committee. tee to hearings, meetings, conferences, and (5) Subcommittee on Surface Transpor- (b) Additional Expenses.—Authorization investigations involving activities or subject tation (38 Members: 21 majority, 17 minority) for the payment of additional or unforeseen matter under the legislative assignment of (6) Subcommittee on Water Resources and such subcommittee, prior authorization Committee expenses may be procured by one Environment (29 Members: 16 majority, 13 must be obtained from the subcommittee or more additional expense resolutions proc- minority). chairman and the Chairman. Such prior au- essed in the same manner as set out herein. (b) Ex Officio Members.—The Chairman thorization shall be given by the Chairman (c) Travel Requests.—The Chairman or any and ranking minority member of the Com- only upon the representation by the chair- chairman of a subcommittee may initiate mittee shall serve as ex officio voting mem- man of such subcommittee in writing setting necessary travel requests as provided in bers on each subcommittee. Committee Rule XIII within the limits of the forth those items enumerated in subpara- (c) Ratios.—On each subcommittee there consolidated budget as approved by the graphs (1), (2), (3), and (4) of paragraph (a) shall be a ratio of majority party members House and the Chairman may execute nec- and that there has been a compliance where to minority party members which shall be no essary vouchers thereof. applicable with Committee Rule VII. less favorable to the majority party than the (d) Monthly Reports.—Once monthly, the (c) Travel Outside the United States.—(1) ratio for the full Committee. In calculating Chairman shall submit to the Committee on In the case of travel outside the United House Oversight, in writing, a full and de- States of members and staff of the Commit- the ratio of majority party members to mi- tailed accounting of all expenditures made tee or of a subcommittee for the purpose of nority party members, there shall be in- during the period since the last such ac- conducting hearings, investigations, studies, cluded the ex officio members of the sub- counting from the amount budgeted to the or attending meetings and conferences in- committees. Committee. Such report shall show the volving activities or subject matter under (d) Conferees.—The Chairman of the Com- amount and purpose of such expenditure and the legislative assignment of the Committee mittee shall recommend to the Speaker as the budget to which such expenditure is at- or pertinent subcommittee, prior authoriza- conferees the names of those members (1) of tributed. A copy of such monthly report tion must be obtained from the Chairman, the majority party selected by the Chairman shall be available in the Committee office for or, in the case of a subcommittee from the and (2) of the minority party selected by the review by members of the Committee. subcommittee chairman and the Chairman. ranking minority member of the Committee. RULE XII.—COMMITTEE STAFF Before such authorization is given there Recommendations of conferees to the Speak- er shall provide a ratio of majority party (a) Appointment by Chairman.—The Chair- shall be submitted to the Chairman, in writ- members to minority party members which man shall appoint and determine the remu- ing, a request for such authorization. Each shall be no less favorable to the majority neration of, and may remove, the profes- request, which shall be filed in a manner party than the ratio for the Committee. sional and clerical employees of the Commit- that allows for a reasonable period of time for review before such travel is scheduled to tee not assigned to the minority. The profes- RULE XV.—POWERS AND DUTIES OF begin, shall include the following: sional and clerical staff of the Committee SUBCOMMITTEES not assigned to the minority shall be under (A) the purpose of the travel; (a) Authority to Sit.—Each subcommittee the general supervision and direction of the (B) the dates during which the travel will is authorized to meet, hold hearings, receive Chairman, who shall establish and assign the occur; evidence, and report to the full Committee duties and responsibilities of such staff (C) the names of the countries to be visited members and delegate such authority as he and the length of time to be spent in each; on all matters referred to it or under its ju- or she determines appropriate. (D) an agenda of anticipated activities for risdiction. Subcommittee chairmen shall set (b) Appointment by Ranking Minority each country for which travel is authorized dates for hearings and meetings of their re- Member.—The ranking minority member of together with a description of the purpose to spective subcommittees after consultation the Committee shall appoint and determine be served and the areas of Committee juris- with the Chairman and other subcommittee the remuneration of, and may remove, the diction involved; and chairmen with a view toward avoiding simul- professional and clerical staff assigned to the (E) the names of members and staff for taneous scheduling of full Committee and minority within the budget approved for whom authorization is sought. subcommittee meetings or hearings when- such purposes; except, that no minority staff (2) Requests for travel outside the United ever possible. person shall be compensated at a rate which States may be initiated by the Chairman or (b) Disclaimer.—All Committee or sub- exceeds that paid his or her majority party the chairman of a subcommittee (except that committee reports printed pursuant to legis- staff counterpart. The professional and cleri- individuals may submit a request to the lative study or investigation and not ap- cal staff assigned to the minority shall be Chairman for the purpose of attending a con- proved by a majority vote of the Committee under the general supervision and direction ference or meeting) and shall be limited to or subcommittee, as appropriate, shall con- of the ranking minority member of the Com- members and permanent employees of the tain the following disclaimer on the cover of mittee who may delegate such authority as Committee. such report: he or she determines appropriate. (3) At the conclusion of any hearing, inves- ‘‘This report has not been officially adopt- (c) Intention Regarding Staff.—It is in- tigation, study, meeting or conference for ed by the Committee on (or pertinent sub- tended that the skills and experience of all which travel has been authorized pursuant to committee thereof) and may not therefore members of the Committee staff shall be this rule, each staff member involved in such necessarily reflect the views of its mem- available to all members of the Committee. travel shall submit a written report to the bers.’’ H 888 CONGRESSIONAL RECORD — HOUSE January 30, 1995 (c) Consideration by Committee.—Each and extend their remarks and include EXECUTIVE COMMUNICATIONS, bill, resolution, or other matter favorably re- extraneous material:) ETC. ported by a subcommittee shall automati- Mr. DORNAN, for 5 minutes, today. cally be placed upon the agenda of the Com- Under clause 2 of rule XXIV, execu- Mr. SHUSTER, for 5 minutes, today. mittee. Any such matter reported by a sub- tive communications were taken from committee shall not be considered by the Mr. CHABOT, for 5 minutes, today. the Speaker’s table and referred as fol- Committee unless it has been delivered to (The following Members (at the re- lows: the offices of all members of the Committee quest of Mr. WHITE) to revise and ex- 227. A letter from the Chairman, Council of at least 48 hours before the meeting, unless tend their remarks and include extra- the District of Columbia, transmitting a the Chairman determines that the matter is neous material:) copy of D.C. Act 10–302, ‘‘Technical Amend- of such urgency that it should be given early Mr. HORN, for 5 minutes, on January ments Act of 1994,’’ pursuant to D.C. Code, consideration. Where practicable, such mat- 31. section 1–233(c)(1); to the Committee on Gov- ters shall be accompanied by a comparison Mr. FOX of Pennsylvania, for 5 min- ernment Reform and Oversight. with present law and a section-by-section 228. A letter from the Chairman, Council of analysis. utes, on January 31. the District of Columbia, transmitting a RULE XVI.—REFERRAL OF LEGISLATION TO f copy of D.C. 10–331, ‘‘Child Support Enforce- SUBCOMMITTEES ment Temporary Amendment Act of 1994,’’ (a) General Requirement.—Except where EXTENSION OF REMARKS pursuant to D.C. Code, section 1–233(c)(1); to the Chairman of the Committee determines, By unanimous consent, permission to the Committee on Government Reform and in consultation with the majority members revise and extend remarks was granted Oversight. of the Committee, that consideration is to be 229. A letter from the Chairman, Council of to: the District of Columbia, transmitting a by the full Committee, each bill, resolution, (The following Members (at the re- investigation, or other matter which relates copy of D.C. Act 10–332, ‘‘Youth Initiatives to a subject listed under the jurisdiction of quest of Mr. SKAGGS) and to include ex- Act of 1994,’’ pursuant to D.C. Code, section any subcommittee established in Rule XIV traneous matter:) 1–233(c)(1); to the Committee on Government referred to or initiated by the full Commit- Mr. ACKERMAN. Reform and Oversight. tee shall be referred by the Chairman to all Mr. LAFALCE. 230. A letter from the Chairman, Council of subcommittees of appropriate jurisdiction Mr. RANGEL. the District of Columbia, transmitting a copy of D.C. Act 10–333, ‘‘District of Colum- within two weeks. All bills shall be referred Mr. MINETA. bia Board of Education Sale, Renovation, to the subcommittee of proper jurisdiction (The following Member (at the re- without regard to whether the author is or is Lease-back, and Repurchase of Franklin quest of Mr. CHRISTENSEN) and to in- not a member of the subcommittee. School Temporary Amendment Act of 1994,’’ (b) Recall from Subcommittee.—A bill, res- clude extraneous matter:) pursuant to D.C. Code, section 1–233(c)(1); to olution, or other matter referred to a sub- Mr. CLINGER. the Committee on Government Reform and committee in accordance with this rule may (The following Members (at the re- Oversight. be recalled therefrom at any time by a vote quest of Mr. FIELDS of Louisiana) and 231. A letter from the Chairman, Council of of the majority members of the Committee to include extraneous matter:) the District of Columbia, transmitting a copy of D.C. Act 10–334, ‘‘Dedication and Des- for the Committee’s direct consideration or Mr. ACKERMAN. ignation of Woodcrest Drive, S.E., S.O. 92– for reference to another subcommittee. Mr. LIPINSKI. (c) Multiple Referrals.—In carrying out 125, Act of 1994,’’ pursuant to D.C. Code, sec- Mr. TRAFICANT. this Rule with respect to any matter, the tion 1–233(c)(1); to the Committee on Govern- Chairman may refer the matter simulta- Mr. MOAKLEY. ment Reform and Oversight. neously to two or more subcommittees for Mr. STENHOLM. 232. A letter from the Chairman, Council of concurrent consideration or for consider- Mr. RANGEL. the District of Columbia, transmitting a ation in sequence (subject to appropriate Mr. ORTON. copy of D.C. Act 10–335, ‘‘Day Care Policy time limitations in the case of any sub- Mr. BREWSTER. Temporary Amendment Act of 1994,’’ pursu- ant to D.C. Code, section 1–233(c)(1); to the committee after the first), or divide the mat- Mrs. LOWEY. Committee on Government Reform and ter into two or more parts (reflecting dif- Ms. JACKSON-LEE. ferent subjects and jurisdictions) and refer Oversight. Mr. DICKS. each such part to a different subcommittee, 233. A letter from the Chairman, Council of or make such other provisions as he or she Mr. FARR. the District of Columbia, transmitting a considers appropriate. Mr. SERRANO. copy of D.C. Act 10–336, ‘‘Early Intervention (The following Members (at the re- Services Sliding Fee Scale Establishment f quest of Mr. WHITE) and to include ex- Temporary Act of 1994,’’ pursuant to D.C. traneous matter:) Code, section 1–233(c)(1); to the Committee LEAVE OF ABSENCE on Government Reform and Oversight. Mr. GILMAN in two instances. 234. A letter from the Chairman, Council of By unanimous consent, leave of ab- Mr. HORN. sence was granted to: the District of Columbia, transmitting a Mr. GUNDERSON. copy of D.C. Act 10–337, ‘‘Closing of a Public Mr. HASTERT (at the request of Mr. Mr. MCKEON. Alley in Square 2837, S.O. 92–195, Act of 1994,’’ ARMEY) for today until 11:45 p.m., on Mr. QUINN. pursuant to D.C. Code, section 1–233(c)(1); to account of personal reasons. Mr. MANZULLO. the Committee on Government Reform and Mr. BATEMAN (at the request of Mr. Mr. KINGSTON. Oversight. ARMEY) for today from 8 p.m., on ac- Mr. MARTINI. 235. A letter from the Chairman, Council of the District of Columbia, transmitting a count of illness. Mr. MCINNIS. Ms. EDDIE BERNICE JOHNSON of Texas copy of D.C. Act 10–338, ‘‘Clean Fuel Fleet (at the request of Mr. GEPHARDT) for f Vehicle Program and Alternative Fuels In- today after 10:50 p.m., on account of ill- centives Amendment Act of 1994,’’ pursuant SENATE ENROLLED BILL SIGNED to D.C. Code, section 1–233(c)(1); to the Com- ness. mittee on Government Reform and Over- The SPEAKER announced his signa- f sight. ture to an enrolled bill of the Senate of 236. A letter from the Chairman, Council of SPECIAL ORDERS GRANTED the following title: the District of Columbia, transmitting a copy of D.C. Act 10–340, ‘‘Medicaid Benefits By unanimous consent, permission to S. 273. An act to amend section 61h–6 of title 2, United States Code. Protection Act of 1994,’’ pursuant to D.C. address the House, following the legis- Code, section 1–233(c)(1); to the Committee lative program and any special orders f on Government Reform and Oversight. heretofore entered, was granted to: 237. A letter from the Chairman, Council of (The following Member (at the re- ADJOURNMENT the District of Columbia, transmitting a quest of Mr. SKAGGS) to revise and ex- Mr. WHITE. Mr. Speaker, I move copy of D.C. Act 10–341, ‘‘Respiratory Care tend his remarks and include extra- that the House do now adjourn. Practice amendment Act of 1994,’’ pursuant neous material:) The motion was agreed to; accord- to D.C. Code, section 1–233(c)(1); to the Com- mittee on Government Reform and Over- Mr. MONTGOMERY, for 5 minutes, ingly (at 12 o’clock and 15 minutes sight. today. a.m.), under its previous order, the 238. A letter from the Chairman, Council of (The following Members (at the re- House adjourned until today, Tuesday, the District of Columbia, transmitting a quest of Mr. CHRISTENSEN) to revise January 31, 1995, at 9:30 a.m. copy of D.C. Act 10–342, ‘‘Moratorium on the January 30, 1995 CONGRESSIONAL RECORD — HOUSE H 889 Issuance of New Retailer’s Licenses Class B tors of public companies; to the Committee By Ms. LOWEY: Amendment Act of 1994,’’ pursuant to D.C. on Commerce. H.R. 737. A bill to amend the Internal Rev- Code, section 1–233(c)(1); to the Committee By Mr. ORTON: enue Code of 1986 to provide that the treat- on Government Reform and Oversight. H.R. 726. A bill to amend the Internal Rev- ment of tenant-stockholders in cooperative 239. A letter from the Chairman, Council of enue Code of 1986 to provide assistance to housing corporations also shall apply to the District of Columbia, transmitting a first-time homebuyers; to the Committee on stockholders of corporations that only own copy of D.C. Act 10–343, ‘‘Qualified Massage Ways and Means. the land on which the residences are located; Therapists Amendment Act of 1994,’’ pursu- By Mr. GONZALEZ (for himself and to the Committee on Ways and Means. ant to D.C. Code, section 1–233(c)(1); to the Mr. SCHUMER): By Mr. ROHRABACHER: Committee on Government Reform and H.R. 727. A bill to amend the Federal De- H.R. 738. A bill to amend the Federal Elec- Oversight. posit Insurance Act to regulate the retail tion Campaign Act of 1971 to provide for par- 240. A letter from the Chairman, Council of sale of nondeposit investment products by tial removal of limitations on contributions the District of Columbia, transmitting a insured depository institutions to prevent to candidates whose opponents exceed per- copy of D.C. Act 10–344, ‘‘Armory Board In- customer confusion about the uninsured na- sonal contribution limitations in an elec- terim Authority Temporary Amendment Act ture of the products, and for other purposes; tion; to the Committee on House Oversight. of 1994,’’ pursuant to D.C. Code, section 1– to the Committee on Banking and Financial By Mr. ROTH (for himself, Mr. PACK- 233(c)(1); to the Committee on Government Services. ARD, Mr. DOOLITTLE, Mr. BARTLETT of Reform and Oversight. By Mr. MCCOLLUM: Maryland, Mr. PARKER, Mr. BURTON 241. A letter from the Chairman, Council of H.R. 728. A bill to control crime by provid- of Indiana, Mr. COBLE, Mr. ARCHER, the District of Columbia, transmitting a ing law enforcement block grants; to the Mr. CALLAHAN, Mr. BUNNING of Ken- copy of D.C. Act 10–345, ‘‘Prevention of the Committee on the Judiciary. tucky, Mr. GOODLATTE, Mr. STUMP, Spread of the Human Immunodeficiency H.R. 729. A bill to control crime by a more Mr. INGLIS of South Carolina, Mr. Virus and Acquired Immunodeficiency Syn- effective death penalty; to the Committee on ROGERS, Mr. SENSENBRENNER, Mr. LI- drome Temporary Amendment Act of 1994,’’ the Judiciary. PINSKI, Mr. HANCOCK, Mr. ROYCE, Mr. pursuant to D.C. Code section 1–233(c)(1); to By Mr. GILMAN: HUTCHINSON, Mr. NEY, Mr. FORBES, the Committee on Government Reform and H.R. 730. A bill to amend title 18, United Mr. SOLOMON, Mr. KINGSTON, Mr. Oversight. States Code, with respect to the ROHRABACHER, Mr. OXLEY, and Mr. 242. A letter from the Chairman, Council of extraterritorial jurisdiction of the United KING): the District of Columbia, transmitting a States over nuclear terrorism; to the Com- H.R. 739. A bill to amend title 4, United copy of D.C. Act 10–346, ‘‘Public Assistance mittee on the Judiciary. States Code, to declare English as the offi- and Day Care Policy Temporary Amendment cial language of the Government of the Unit- By Mr. FARR (for himself, Mr. DEL- Act of 1994,’’ pursuant to D.C. Code, section ed States; to the Committee on Economic LUMS, and Mr. HORN): 1–233(c)(1); to the Committee on Government H.R. 731. A bill to require the Secretary of and Educational Opportunities. Reform and Oversight. the Army to convey certain real property at By Mr. SKEEN (for himself and Mr. 243. A letter from the Chairman, Council of Fort Ord, CA, to the city of Seaside, CA, in SCHIFF): the District of Columbia, transmitting a order to foster the economic development of H.R. 740. A bill to confer jurisdiction on copy of D.C. Act 10–347, ‘‘Closing of a Public the U.S. Court of Federal Claims with re- the city, which has been adversely impacted Alley in Square 120, S.O. 91–8, Act of 1994,’’ spect to land claims of Pueblo of Isleta In- by the closure of Fort Ord; to the Committee pursuant to D.C. Code, section 1–233(c)(1); to dian tribe; to the Committee on the Judici- on National Security. the Committee on Government Reform and ary. By Mr. GOSS; Oversight. By Mr. VOLKMER: H.R. 732. A bill to amend the Federal Elec- 244. A letter from the Deputy Under Sec- H.R. 741. A bill to amend title IV of the So- tion Campaign Act of 1971 to reform House of retary of Defense for Environmental Secu- cial Security Act by reforming the Aid to Representatives campaign finance laws, and rity, transmitting a report on the Environ- Families with Dependent Children Program, for other purposes; to the Committee on mental Education Opportunities Program, and for other purposes; to the Committee on House Oversight, and in addition to the Com- pursuant to 10 U.S.C. 2701 note; jointly, to Ways and Means, and in addition to the Com- mittees on Government Reform and Over- the Committees on National Security and mittees on Economic and Educational Op- Economic and Educational Opportunities. sight, and Commerce, for a period to be sub- portunities, Agriculture, Banking and Finan- 245. A letter from the Assistant Secretary sequently determined by the Speaker, in cial Services, the Judiciary, and Commerce, for Legislative Affairs, Department of State, each case for consideration of such provi- for a period to be subsequently determined transmitting a copy of the agreement provid- sions as fall within the jurisdiction of the by the Speaker, in each case for consider- ing that relations between the United States committee concerned. ation of such provisions as fall within the ju- and Palau be conducted in accordance with By Mr. JACOBS (for himself and Mr. risdiction of the committee concerned. the Vienna Convention on Diplomatic Rela- CAMP): By Mr. DICKS: tions, pursuant to Public Law 101–219, sec- H.R. 733. A bill to amend the Internal Rev- H.R. 742. A bill to amend the Federal Advi- tion 110(a); jointly, to the Committees on enue Code of 1986 to make permanent the sory Committee Act to limit the application International Relations and Resources. section 170(e)(5) rules pertaining to gifts of of that act to meetings between Federal of- publicly-traded stock to certain private f fices or employees and representatives of foundations, and for other purposes; to the State, county, and local governments and In- Committee on Ways and Means. dian tribes, and to limit the application of REPORTS OF COMMITTEES ON H.R. 734. A bill to amend the Internal Rev- PUBLIC BILLS AND RESOLUTIONS that act to activities of the Department of enue Code of 1986 to provide an exemption the Interior related to consultations of the Under clause 2 of rule XIII, reports of from income tax for certain common invest- Department with Indian tribal organizations committees were delivered to the Clerk ment funds; to the Committee on Ways and with respect to the management of funds for printing and reference to the proper Means. held in trust by the United States for Indian calendar, as follows: By Mr. LAFALCE: tribes; to the Committee on Government Re- H.R. 735. A bill to establish a national com- form and Oversight. Mr. CLINGER: Committee on Government mission to oversee and regulate major league By Mr. GUNDERSON (for himself, Mr. Reform and Oversight. H.R. 2. A bill to give and minor league baseball, to promote the FAWELL, Mr. GOODLING, Mr. the President item-veto authority over ap- interests of consumers, local communities HOEKSTRA, Mr. PETRI, Mrs. ROUKEMA, propriation acts and targeted tax benefits in and taxpayers, to recommend modification Mr. BALLENGER, Mr. BARRETT of Ne- revenue acts; with amendments (Rept. 104–11, of the antitrust exemption for major league braska, Mr. TALENT, Mr. Pt. 2). Referred to the Committee of the baseball, and for other purposes; to the Com- CHRISTENSEN, Mr. EMERSON, Mr. BE- Whole House on the State of the Union. mittee on Commerce, and in addition to the REUTER, Mr. BOEHNER, Mr. HOKE, Mr. f Committees on Economic and Educational LINDER, Mr. PORTER, Mr. PORTMAN, Opportunities, and the Judiciary, for a pe- Mr. STENHOLM, and Mr. HAYES): PUBLIC BILLS AND RESOLUTIONS riod to be subsequently determined by the H.R. 743. A bill to amend the National Under clause 5 of rule X and clause 4 Speaker, in each case for consideration of Labor Relations Act to allow labor manage- of rule XXII, public bills and resolu- such provisions as fall within the jurisdic- ment cooperative efforts that improve eco- tion of the committee concerned. nomic competitiveness in the United States tions were introduced and severally re- By Mr. LINDER (for himself, Mr. ROB- to continue to thrive, and for other purposes; ferred as follows: ERTS, and Mr. FUNDERBURK): to the Committee on Economic and Edu- By Mr. WYDEN (for himself, Mr. DIN- H.R. 736. A bill to delay enforcement of the cational Opportunities. GELL, and Mr. MARKEY): National Voter Registration Act of 1993 until By Mr. PICKETT: H.R. 725. A bill to amend the Securities Ex- such time as Congress appropriates funds to H.R. 744. A bill to limit State taxation of change Act of 1934 to impose additional fraud implement such act; to the Committee on certain pension income, and for other pur- detection and disclosure obligations on audi- House Oversight. poses; to the Committee on the Judiciary. H 890 CONGRESSIONAL RECORD — HOUSE January 30, 1995

H.R. 745. A bill to amend the Immigration H.R. 250: Ms. PELOSI, Mr. LIPINSKI, Ms. H.R. 696: Mr. FORBES, Mr. MANZULLO, Ms. and Nationality Act to provide for special NORTON, Mr. SERRANO, Ms. WATERS, Ms. DANNER, Mr. FROST, Mr. MINGE, Mr. MCHALE, immigrant status for NATO civilian employ- VELA´ ZQUEZ, Mr. WYNN, Mr. JOHNSTON of Flor- Mr. CLYBURN, Mr. GILLMOR, Mr. ees in the same manner as for employees of ida, Ms. WOOLSEY, Mr. ROMERO-BARCELO, Mr. FUNDERBURK, Mr. FOLEY, Mr. LONGLEY, Mr. international organizations; to the Commit- FLAKE, Mr. MCDERMOTT, Ms. LOFGREN, and TRAFICANT, Mr. PARKER, and Mrs. KELLY. tee on the Judiciary. Mr. STARK. H.R. 325: Mr. BARRETT of Wiscon- H.R. 697: Mr. LEWIS of California, Mr. H.R. 746. A bill to amend the Internal Rev- sin. BARRETT of Nebraska, Mr. LEVIN, Mr. BART- enue Code of 1986 to restore and make perma- H.R. 326: Mr. BACHUS, Mr. FLANAGAN, and LETT of Maryland, Mr. BREWSTER, and Mr. nent the exclusion for employer-provided Mr. CALVERT. TAYLOR of North Carolina. educational assistance; to the Committee on H.R. 353: Ms. FURSE, Mr. SANDERS, and Mr. H. Res. 30: Mr. MARTINEZ, Mr. CANADY, Mr. Ways and Means. GUTIERREZ. EVANS, Ms. HARMAN, Mr. LAHOOD, Mrs. By Mr. RANGEL (for himself, Mr. H.R. 354: Mr. BACHUS. SEASTRAND, Mrs. MINK of Hawaii, Ms. MOL- HOUGHTON, Mr. CRANE, Mr. MATSUI, H.R. 357: Mr. BEREUTER, Ms. ROYBAL-AL- INARI, Mrs. CLAYTON, Mr. MCHALE, Mr. Mr. SHAW, and Mr. HERGER): LARD, Mr. JACOBS, Mr. JOHNSTON of Florida, GILLMOR, Ms. PRYCE, Mr. SERRANO, Mr. H.R. 747. A bill to amend the Internal Rev- Mr. TORRES, Ms. WOOLSEY, Mr. LIPINSKI, Mr. STEARNS, Mr. BACHUS, Mr. ENGLISH of Penn- enue Code of 1986 to provide for the deduc- FARR, Mr. BROWN of California, Mr. EVANS, sylvania, Mr. PALLONE, Ms. DUNN of Wash- tion of partnership investment expenses Ms. FURSE, Mr. MINGE, Mr. ENGLISH of Penn- ington, and Mr. KING. under the minimum tax; to the Committee sylvania, Ms. DANNER, and Mr. MINETA. H. Res. 40: Mr. BALDACCI, Mr. BECERRA, Mr. on Ways and Means. OGGETT SHOO UTIERREZ H.R. 384: Mr. RANGEL and Ms. PELOSI. D , Ms. E , Mr. G , Mrs. By Mr. FRANK of Massachusetts (for KENNELLY, Ms. LOFGREN, Mr. MASCARA, Mr. H.R. 387: Mr. CHAPMAN, Mr. GILLMOR, Mrs. himself, Ms. NORTON, and Mr. OLVER, Mr. REYNOLDS, Ms. RIVERS, Mr. THURMAN, and Mr. JACOBS. TORRICELLI): WARD, Mr. WISE, and Ms. WOOLSEY. H. Res. 49. Resolution expressing the sense H.R. 444: Mr. STUDDS, Mr. MORAN, Mr. f of the House of Representatives relating to MEEHAN, Mrs. KENNELLY, Ms. PELOSI, Mr. YATES, Mr. JOHNSTON of Florida, Mr. WYNN, the eradication of slavery where it exists DELETIONS OF SPONSORS FROM throughout the world; to the Committee on Mr. CLAY, Mr. KENNEDY of Rhode Island, Mr. International Relations. GONZALEZ, Mr. ACKERMAN, Mr. CARDIN, Mr. PUBLIC BILLS AND RESOLUTIONS By Mr. MINETA (for himself, Mr. BERMAN, Mr. MOAKLEY, Mr. FRANK of Massa- Under clause 4 of rule XXII, sponsors chusetts, Mr. MCDERMOTT, Mr. COYNE, Mr. MOORHEAD, and Mr. CONYERS): were deleted from public bills and reso- ABERCROMBIE, Mr. BORSKI, Mr. FARR, Mr. H. Res. 50. Resolution expressing the sense lutions as follows: of the House of Representatives concerning MILLER of California, Mr. GEJDENSON, Mr. H.R. 607: Mr. RAMSTAD. the current negotiations between the United DOGGETT, Mr. VENTO, Mr. BEILENSON, Mr. States and the People’s Republic of China on ENGEL, Ms. WOOLSEY, Mr. SERRANO, Mr. f the issue of intellectual property rights pro- EVANS, Mr. MENENDEZ, Mrs. MORELLA, and tection; to the Committee on Ways and Ms. LOWEY AMENDMENTS H.R. 450: Mr. PACKARD and Mr. RIGGS. Means. Under clause 6 of rule XXIII, pro- H.R. 480: Mr. LAUGHLIN. f H.R. 519: Mr. CANADY. posed amendments were submitted as ADDITIONAL SPONSORS H.R. 561: Mr. TORRES. follows: H.R. 579: Mr. HANCOCK, Mr. SOLOMON, and H.R. 5 Under clause 4 of rule XXII, sponsors Mr. NEUMANN. OFFERED BY: MR. ROEMER were added to public bills and resolu- H.R. 582: Mr. SENSENBRENNER and Mr. AMENDMENT NO. 172: In section 4, strike tions as follows: BARTLETT of Maryland. ‘‘or’’ after the semicolon at the end of para- H.R. 587: Ms. DANNER, Mr. ROHRABACHER, H.R. 28: Mr. BALLENGER. graph (6), strike the period at the end of Mr. EVANS, Mr. BRYANT of Texas, Mr. KLUG, H.R. 46: Mr. FORBES, Mr. COMBEST, Mr. paragraph (7) and insert ‘‘; or’’, and after and Mr. MCHALE. PACKARD, Mr. BARRETT of Nebraska, Mr. paragraph (7) add the following new para- HOUGHTON, Mr. GOODLATTE, Mr. HANCOCK, H.R. 605: Mr. MCKEON and Mr. DORNAN. graph: and Mr. ACKERMAN. H.R. 619: Mr. SANDERS, Mr. TORRES, Mr. (8) pertains to the immunization of chil- H.R. 58: Mr. SOLOMON. WATT of North Carolina, Mr. VENTO, and Mr. dren against vaccine-preventable diseases. H.R. 70: Mr. PARKER, Mr. STUDDS, and Mr. BERMAN. H.R. 5 MCKEON. H.R. 620: Mr. SANDERS, Mr. TORRES, Mr. H.R. 77: Mr. MILLER of Florida. WATT of North Carolina, and Mr. VENTO. OFFERED BY: MR. ROEMER H.R. 78: Mrs. CHENOWETH. H.R. 631: Mr. COLLINS of Georgia, Mr. AMENDMENT NO. 173: In section 301, in the H.R. 104: Mr. WELLER. HEINEMAN, Mr. BONO, Mr. GENE GREEN of proposed section 422 of the Congressional H.R. 127: Mr. HAMILTON, Ms. LOFGREN, Mr. Texas, Mr. ZELIFF, Mr. BARTLETT of Mary- Budget Act of 1974, strike ‘‘or’’ after the STUDDS, Mr. CHAPMAN, Mr. BACHUS, Mr. BOR- land, and Mr. BURTON of Indiana. semicolon at the end of paragraph (6), strike SKI, Mr. BURTON of Indiana, Mr. LIPINSKI, Mr. H.R. 660: Mr. DEUTSCH and Mr. JOHNSTON of the period at the end of paragraph (7) and in- ROTH, Mr. GUNDERSON, and Mr. WALSH. Florida. sert ‘‘; or’’, and after paragraph (7) add the H.R. 142: Mr. PAXON and Mr. POMBO. H.R. 663: Mr. GILCHREST, Mr. STEARNS, and following new paragraph: H.R. 219: Mr. MCKEON. Mr. JONES. ‘‘(8) pertains to the immunization of chil- H.R. 230: Mr. CALVERT. H.R. 682: Mr. DOOLITTLE. dren against vaccine-preventable diseases. 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, MONDAY, JANUARY 30, 1995 No. 18 Senate

The Senate met at 1 p.m. and was We pray this in the name of Him who The PRESIDING OFFICER (Mr. called to order by the President pro is the Light of the world. Amen. BURNS). The Senator from Washington tempore [Mr. THURMOND]. f is recognized. f RESERVATION OF LEADER TIME PRAYER The PRESIDENT pro tempore. Under CONGRESSMAN STEVE LARGENT The Chaplain, the Reverend Richard the previous order, the leadership time Mr. GORTON. Mr. President, late C. Halverson, D.D., offered the follow- is reserved. last week, the Member of Congress ing prayer: f from the First District in the State of Let us pray: Oklahoma [STEVE LARGENT] was voted Tomorrow morning, Officer David RECOGNITION OF THE ACTING into the National Football League’s Agner will have surgery near his MAJORITY LEADER Hall of Fame in the first year during brain—very serious. In a moment of si- The PRESIDENT pro tempore. The which he was eligible for that honor. lence, let us remember the officer and While Mr. LARGENT represents a his family. distinguished Senator from Montana is recognized. State a long way from my own State of Thou art worthy, O Lord, to receive Washington, his entire National Foot- glory and honour and power: for thou f ball League career was, of course, as a hast created all things, and for thy pleas- SCHEDULE member of the Seattle Seahawks. And ure they are and were created.—Revela- so for many years, for more than half tion 4:11. Mr. BURNS. Mr. President, on behalf of the year he was a resident of the Gracious God and Father, the Found- of the majority leader, under his pre- Puget Sound region. ers of our Republic understood this vious order, morning business shall be Very rarely have so many distinc- fundamental truth and, upon it, based until the hour of 2 p.m. and with lead- tions come to a person of the age of their conviction of human equality, ers’ time being reserved. Senator STEVE LARGENT, as an outstanding human rights, and a government whose CONRAD is to be recognized for 15 min- football player, both in college and in purpose was to secure these rights and utes, Senator SIMON for 15 minutes, the National Football League, as an whose authority was derived from the Senator THOMAS for 5, Senator MUR- elected Member of the Congress of the people. Grant us to see, O God, that if KOWSKI for 10, and Senator COHEN for United States, and as a person with a we undermine this foundation of our 15. great deal of fame. Rarely, I may say, Government, we, sooner or later, jeop- At 2 o’clock begins the consideration has anyone so deserved those honors. ardize the superstructure which was of House Joint Resolution 1, the bal- I think STEVE LARGENT would be the built upon it. As we forsake the root of anced budget constitutional amend- first to say that he was far from the our national uniqueness, we forfeit the ment. There will be debate only today. fastest or the most gifted person play- fruit. And by order of the majority leader, ing in the National Football League, Help us to comprehend, dear God, there will be no rollcall votes for but due to a tremendous amount of that this is one explanation for the fu- today. self-discipline and dedication, he be- tility of our best human efforts today. f came one of the most outstanding per- We are struggling to preserve the bene- sons in our generation to play that fas- fits of a belief which we no longer hold MORNING BUSINESS cinating game. to be true. We have smashed the foun- The PRESIDENT pro tempore. Under But I believe that Mr. LARGENT and dation and are striving to prevent the the previous order, there will now be a all of us would say that more impor- superstructure from collapsing. period for the transaction of morning tant than his fame as a football player, Forgive the secularism, the business not to extend beyond the hour more important than his membership antisupernaturalism which we have ex- of 2 p.m. with Senators permitted to in the Congress of the United States, changed for faith in a Creator God speak therein for not to exceed 10 min- has been the example he has presented which motivated our Founding Fa- utes each. Under the previous order, to those who have come to know him thers. Restore unto us their beliefs the Senator from North Dakota [Mr. through those activities as a human that we may recover the riches of the CONRAD] is to be recognized to speak being: As a husband, as a father, as an legacy they transmitted to us before it for up to 15 minutes. activist Christian. With those as his is too late. Mr. GORTON addressed the Chair. No. 1 goals, he has nonetheless been

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

S 1727 S 1728 CONGRESSIONAL RECORD — SENATE January 30, 1995 professionally successful, now, in two Speaker NEWT GINGRICH. FDR and Con- and Senate about this massive prob- dramatically different professions. gress worked together on the huge lem. Television and radio news pro- We speak often of the role model na- problems the Nation then faced. grams rarely mention it. What once ture of professional athletes. In STEVE A glance at the policy landscape pro- was a dominant issue at town meetings LARGENT, we have an athlete who is vides these recent positive develop- in my State has almost staged a dis- truly a role model for our society; an ments, from my perspective: appearing act. individual who has shown that fame First, a peaceful change in the major- But it will not disappear, not as long and high income is not inconsistent ity party in both Houses of Congress. as almost 40 million Americans remain with the finest possible family and citi- While I personally would have pre- unprotected, the only citizens of any zen leadership that it is possible for us ferred retaining Democratic majorities modern industrial nation with that to imagine. Last week, Congressman in the House and Senate, I also recog- status. It will not disappear as long as LARGENT was a part of the debate in nize that for a free system to thrive, Americans are added to the lists of un- the House of Representatives over a peaceful change must occur from time insured at the rate of more than 91,000 balanced budget amendment on which to time. every month, 3,055 every day. debate will begin in this body in less Second, Congress has voted to place Since the day President Clinton than an hour. So he is now serving in the laws and regulations that govern waved his pen at us in a joint session of as distinguished a fashion as a Member our private sector counterparts on it- Congress on January 25, 1994, 1.1 mil- of this Congress as he did as a member self, and the President has signed that lion more Americans have lost their of the Seattle Seahawks and the Na- measure. That will protect our employ- health insurance coverage, bringing tional Football League. But most of ees better and make us more sensitive the total to 39.7 million. And costs con- all, our friend and exemplar, STEVE to the difficulties others face. tinue to escalate. Medicare spending, LARGENT, is a person who shows what Third, the Senate Judiciary Commit- for example, will double in the next 7 citizenship and membership in a family tee—and now the full House of Rep- years and will then consume 16 percent ought to be in the United States of resentatives—have approved a balanced of our total Federal spending. But we America. budget amendment to the Constitu- cannot tackle Medicare costs without So it is that we, from the State of tion. The passage of the amendment tackling the health care costs in the Washington, are grateful for his long first urged by Thomas Jefferson come rest of our economy. As we cut from association with us. We wish, along none too soon as we careen down the Medicare, we shift the burden to the with the people of Oklahoma, and espe- fiscal hill toward the fate of far too private sector—and every private-pay- cially of his First Congressional Dis- many nations: monetizing the debt, ing patient makes up the difference trict, to congratulate him on an honor meeting our obligations by printing when Medicare underpays hospitals by well earned and to wish him long years more and more money that is worth about $13 billion every year, as it does of success in his new career and a life- less and less. now. time of success as a leader of the peo- There are negative developments ple he represents. also. I would include: Seven days ago marked 56 years since The PRESIDING OFFICER. The Sen- First, excessive partisanship in Con- Franklin Roosevelt sent a message to ator from North Dakota is recognized. gress by both political parties as we ad- Congress for a national health pro- I might suggest the Senator from just to the new status each has. That gram. But early in 1931, as Governor of North Dakota is recognized for 15 min- we will differ on issues is both natural New York, he reported to the legisla- utes. and healthy; that we are sometime ture of that State: ‘‘The success or fail- Mr. CONRAD. I thank the Chair. petty in our differences may be natural ure of any government in the final (The remarks of Mr. CONRAD pertain- for all of us who have above-average analysis must be measured by the well- ing to the introduction of S. 293 are lo- egos, but it is not healthy. being of its citizens. Nothing can be cated in today’s RECORD under ‘‘State- Second, a mean-spiritedness toward more important [than] * * * the health ments on Introduced Bills and Joint the poor surfaces in too much discus- of its people.’’ Since then, Harry Tru- Resolutions.’’) sion of welfare reform, sometimes bor- man and Richard Nixon and Bill Clin- Mr. SIMON addressed the Chair. dering on racism. We need genuine wel- ton have called upon us to protect our The PRESIDING OFFICER. The Sen- fare reform. The danger is that we will citizens better, and Congress has failed ator from Illinois. move organizational boxes around on a to respond. f chart and try to convince the public This issue will not go away. It is and ourselves that we have done some- more than grim statistics. It is my MONTHLY REPORT TO THE thing constructive. Even worse, there former staff member, now a consultant SENATE is talk of taking punitive action with the Federal Government but with- Mr. SIMON. Mr. President, and my against poor people. out health insurance coverage because colleagues in the Senate. On November Third, the two parties have entered she is technically not an employee. At 14, I announced that I will not be a can- into a bidding war on tax cuts. Many of a dinner with two friends, she suddenly didate for reelection to the Senate nor the Republicans promised one in their experienced chest pains, paleness, per- for any other office. I will be leaving Contract With America, and President spiration, and nausea—often symptoms with great respect for this body and Clinton pledged the same in altered of a heart attack. She refused to go to with great appreciation to the people form. Both sides are wrong. If I may a hospital for fear of the cost. It turned of Illinois who made it possible for me personalize this, I face a choice of giv- out she has a problem with food poison- to serve here. ing myself a small tax cut and impos- ing that was not serious. But how The evening of my announcement, ing a further burden on my three many people have died who actually President Clinton called me from Dja- grandchildren, or sacrificing a little have had heart attacks in that situa- karta, Indonesia, to wish me the best. and providing a better future for my tion? A woman in McHenry, IL, wrote He made a suggestion: Once a month I grandchildren. I do not have a difficult to me about the health coverage hor- should report to the public on what is time making that choice, and I do not rors her daughter and son-in-law have happening and what should happen in believe most Americans do. We should gone through, facing the loss of their Congress. He indicated that since I will pledge a reduction in the deficit in- home and car. And then this woman not be a candidate for reelection, my stead of a tax cut. who wrote to me added: words might take on added significance Others can provide additional pluses I have had cancer, so I can never quit my and not be viewed as another partisan and minuses. job as no one else will give me insurance. My speech. But one issue that dominated the po- husband has had ileitis and two types of dia- I am making the first of my monthly litical landscape only a few months ago betes so no one will give him insurance. We are trapped in our jobs and could not afford comments today, the 113th anniversary is almost absent: health care. Yes, the to pay for our own insurance if we ever got of the birth of Franklin D. Roosevelt, a President—to his credit—mentioned it permanently laid off or had to switch jobs. President who has been praised re- in his State of the Union Message, but We are 48 and 53 years old and this is a scary cently by both President Clinton and little is said on the floors of the House thought. January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1729 Or listen to this man from Oak Lawn, day, and the Journal reports they are lose their jobs or change jobs. Let us IL: ‘‘hunting for new ways to park the not be silent and unresponsive to their I am a Republican and will continue to money.’’ Do they want to change the pleas for help. Let us not be so eager to vote Republican. However * * * during some system? The same article quotes Margo hold public office that we violate the lean times I had to let my health insurance Vignola of Salomon Brothers saying public trust, not by disobeying the law, lapse. It was not, as some politicans and that the top nine HMO’s have $9.5 bil- but by following the shifting winds of demagogs so smugly suggest, because I spent lion in cash, ‘‘way beyond what HMO’s public opinion and the pressures of big the money on recreation. I spent the money need.’’ Do they want to change the sys- on food, rent, and bills. But I was forced to campaign donors. stay in the hospital a while. Now I am com- tem? Pfizer, the pharmaceutical com- There are no Americans who today pletely financially ruined. I’m 41 years old pany, gave $221,235 to the Republican look to their forebears and say with and I’m ruined. national committees in soft money be- pride, ‘‘He or she voted against creat- Or the mother in Ottawa, IL, injured fore the election. Did they do that be- ing Social Security.’’ There are no in an automobile accident, whose hus- cause they want to change the system? Americans who look to their grand- band suffered injury in a work-related The common assumption is that with parents or great-grandparents and say accident and must find different work. a Democratic President and a Repub- with pride, ‘‘He or she voted against She writes lican Congress, no significant progress Medicare.’’ in health care can be made. I challenge We are not here in the Senate simply My husband and I and three children ages that assumption. 18, 12, and 10 are now without health bene- to assume an exalted title and let the fits. Due to our disabilities and unfair treat- The greatest contribution of Harry media message our egos. We are here to ment by insurance companies our financial Truman’s Presidency—one of many sig- create a better future for our people situation is dire. nificant contributions he made—was and for generations to come. In the last the creation of the Marshall plan. To The stories go on and on. session, the Senate did not even vote many it seemed doomed when offered. Those stories will multiply if we do on health care. That will not happen The first Gallup Poll after its proposal not act. And other changes in health again. But we should do more than give showed only 14 percent of the American care delivery are emerging. Each week ourselves an opportunity to vote. We people supported it. On top of that, fewer and fewer Americans have an should, in a fiscally prudent, pay-as- after the 1946 election, President Tru- independent choice of physician. Each you-go way, give all Americans what man had to work with a Republican week, for-profit corporations are tak- we as legislators and Federal employ- Congress. But one man, Senator Arthur ing over not-for-profit hospitals, reduc- ees have: health care protection. We Vandenberg of Michigan, a key Repub- ing the number of nurses on duty and should give future generations the abil- lican, stood up strongly and supported requiring resident physicians to see the Marshall plan and helped to save ity to look back upon us with pride and more patients in less time, diminishing Western Europe. The Republicans in say, ‘‘They were the first political lead- the quality of health delivery. At least the Senate have designated as their ers to guarantee health care coverage one physician in Illinois has decided to for all our citizens.’’ new leader on health care Senator ROB- give up the practice rather than pro- Mr. THOMAS addressed the Chair. ERT BENNETT of Utah, one of the more vide care that uses mass production thoughtful Members of this body. Is it The PRESIDING OFFICER. The Sen- techniques. possible that he, together with the new ator from Wyoming is recognized. And Medicaid patients—poor people— chair of the Finance Committee, BOB routinely are given the cold shoulder f PACKWOOD, can be the Arthur for nonemergency care by many hos- Vandenbergs of our generation? pitals who prefer patients with insur- THE PASSING OF LORNA KOOI It is politically understandable that SIMPSON ance coverage. Republican Senators might have been The United States is the wealthiest reluctant to work with Democrats on Mr. THOMAS. Mr. President, I rise nation but not the healthiest nation. health care reform in the 103d Con- today for a short tribute to a lady from Twenty-one nations have lower infant gress, for fear that they would hand Wyoming who passed away last week, a mortality rates than we do, and 23 in- Democrats a legislative victory. But lady who certainly was a rare and won- dustrialized nations have fewer low- now, that is behind us. With Repub- derful gem, not only for Wyoming but birthweights babies. Yet these coun- licans in control of both Chambers of for this country as well. She was some- tries spend far less on health care then Congress, there is no question that bi- one that I had the great privilege of we do, and many have a longer average partisan agreement on health care will knowing and admiring, Lorna Kooi lifespan. That is not because of an act be of benefit to the broad public and Simpson. of God but because of flawed policy. not simply a political victory for one My friend AL SIMPSON and the entire Our poor health record did not come as party at the expense of the other. Simpson family lost a wonderful moth- some divine edict from above but Could we, for example, at least pro- er and caregiver last week. We all have emerged from the indifference of men vide coverage for all pregnant women lost one of the greatest ladies of Wyo- and women in this very room. and children age 6 and under? Do we ming and the dearest of souls. Her de- Why? Part of the reason was com- have the courage to stand up to the votion to her family, community, plexity and delay on the part of those profiteers to at least do that? State and Nation are a legacy. Indeed of us who supported a health coverage Let me add that it is not enough for she is part of the very fabric of Wyo- program. But that is only a part of the Senators to stand up. They are not ming. picture. What primarily caused the likely to do it in splendid isolation. Lorna Simpson began her long distin- confusion and opposition was the greed Business and labor leaders, professional guished life on August 19, 1900—the on the part of those who profit from people and those who have been abused daughter of a Dutch immigrant. With their cut in this trillion-dollar busi- by this system must join in a chorus her family Lorna Simpson moved West. ness. Newsweek reported that oppo- for action. Their voices will not be as In 1929 Lorna married an exceptional nents spend $400 million, more than strong as the decibel level of those who young man, a lawyer, from Cody, WY— twice what the two major Presidential speak from greed, but Senators and Milward Simpson. He was a State legis- candidates spend in the last two elec- House Members should know that there lator for Wyoming and a man destined tions combined. When CEO’s who are are at least some Americans who know to lead his State. Together they had engaged in the present system pocket and understand the dimensions and the two sons, Peter and ALAN. In Lorna, as much as $10 million in 1 year, do you importance of the issue. Milward found an equally dedicated think they will be anxious to alter the There are occasions when we, in the soul and a partner to do the work few present procedures which help them Senate, must ask ourselves: Why are of us have the means to accomplish. and hurt millions of Americans? The we here? Let us look in the faces of 39 Lorna, like the rest of her family, Wall Street Journal recently stated million Americans without health care went on to do great things. She was a that Health Systems International of coverage and ask ourselves that ques- stalwart of her community and State; Colorado has $475 million in cash, and tion. Let us look at the millions more active in community service, business, the amount is growing by $500,000 a who will lose their coverage if they the war effort and of course politics. S 1730 CONGRESSIONAL RECORD — SENATE January 30, 1995 She was a special young woman who, UNITED STATES-NORTH KOREA ficial indications that the DPRK wants along with her husband, made up one of FRAMEWORK AGREEMENT up to $30,000 U.S. per remain. This is an the most successful and respected Mr. MURKOWSKI. I thank the Chair. outrageous sum compared to the $2,000 teams Wyoming has ever known. Mr. President, I intend to make a figure used for reimbursement in Viet- In 1954 Lorna became the First Lady brief statement on the status of the nam. of Wyoming after helping her husband joint United States-North Korea agreed It is inconceivable to me, Mr. Presi- become Wyoming’s Governor. There in framework covering nuclear issues. dent, that as to the lack of cooperation Cheyenne her reputation only grew as I had the pleasure of visiting North in fullest possible accounting for those a caring compassionate person who put Korea, along with Senator SIMON, who Americans lost in the Korean conflict, so much of her time and spirit into the is here on the floor today. As a con- there has not been a demand by the ad- youth of Wyoming. sequence of that particular visit, the ministration in the framework agree- Milward Simpson and his dear wife framework agreement has been an ment that this matter be addressed. I gave their unique talents and thought- issue of great concern to me and an think this is the highest requirement ful style to Washington in 1962 when issue worthy of congressional scrutiny. of Government—fullest possible ac- Milward served Wyoming until 1966 as There have been a number of hear- counting of those who gave so much for a Member of this body. During her time ings on the agreed framework. The In- our freedoms. Why has it not been in- here Lorna was named by the Senate to telligence Committee, the Energy cluded if the framework agreement? be the representative of the Women of Committee, the Foreign Relations Moreover, the administration has not the United States to the Organization Committee, and the Armed Services yet seen fit to respond to the inquiries of American States. In addition, she Committee have addressed this subject. that this Senator has made in that re- worked tirelessly to refurbish and ex- I had an opportunity to speak before gard. tend the use of the Senate Chapel. the Armed Services Committee just I would also like to call this body’s Their sons, Pete and AL, have gone the other day. I want to commend that attention to the comparison between on to great things. Pete Simpson as the committee for its important role in re- Vietnam and North Korea. The admin- viewing the agreement, because there University of Wyoming’s vice president istration has moved faster in 3 months are some 37,000 American troops on the for development and alumni and uni- with North Korea than in the last 3 demilitarized zone in South Korea. versity relations, AL SIMPSON, like his years with Vietnam toward diplomatic father, of course, as one of the most re- They are certainly exposed to harm should any conflict arise on the Korean and trade relation, despite the fact spected Members of this body. that Vietnam has taken many good- As a wife, mother, First Lady, ad- Peninsula. It is interesting to note that under faith steps by providing cooperation, viser, grandmother, and great-grand- including joint recovery teams. mother Lorna Simpson touched count- Armed Services Committee oversight, the Department of Defense has seen fit One other interesting comparison, less lives and helped so many people. not related to the MIA issue, is the fact Her accomplishments, the people she to fund the purchase of approximately 50,000 tons of oil. The first shipment that we have agreed to provide the touched could never really be fully list- North Koreans with light-water. Yet, ed. called for under the agreed framework. Now, Mr. President, I would like to we are prohibited from selling that Susan and I join so many in grieving briefly raise three specific areas of con- same technology to China. the passage of a lady who was truly the cern about the framework agreement. The second issue I want to talk about very best of Wyoming. The first is the fate of 8,177 Americans is the lack of dialog between North and Thank you, Mr. President. still unaccounted for in North Korea South Korea. One of the requirements I yield back the remainder of my following the Korean war north of the of the framework agreement is that time. 38th parallel. I find it interesting to re- there be a dialog. Without a meaning- f flect on that staggering figure, when ful dialog between the North and we recognize that currently today in South, it will be impossible to imple- SECOND READING OF A BILL—S. Vietnam, we have somewhat less than ment the agreed framework. Based on 290 1,700 unaccounted for. administration representations, we an- We have an obligation, Mr. President, ticipate that South Korea and Japan The PRESIDING OFFICER. The to get the answers. How do we get the clerk will read the bill for the second will pick up substantial costs associ- answers? Well, it is certainly a matter ated with the delivery of the light- time. of access. The North Koreans must The assistant legislative clerk read water reactors—at least $4 billion. We allow the United States access, includ- also anticipate other countries to cover as follows: ing joint recovery teams that proved so A bill (S. 290), relating to the treatment of the delivery of a significant amount of successful in Vietnam. In fact, in North oil, approximately 500,000 tons per year Social Security under any constitutional Korea, unlike Vietnam, we know the over a period of years. amendment requiring a balanced budget. precise location of over 2,000 grave I do not believe that South Korea can Mr. COHEN. Mr. President, I object sites and prisoner-of-war camps. We make such a commitment to the North to further consideration of the bill. simply cannot get in. The PRESIDING OFFICER. Objec- During our visit to Pyongyang, Sen- without a political dialog. But at this point, there is no such dialog. The tion is heard. ator SIMON and I delivered a letter to The Senator from Maine is recog- President Kim Jong Il. The letter was North is still demanding an apology nized. given to the Foreign Minister and he from President Kim Young-sam for the Mr. COHEN. I thank the Chair. assured us it had been delivered to alleged insensitivity on the death of (The remarks of Mr. COHEN pertain- President Kim Jong Il. Kim Il-song, and yet the North contin- ing to the introduction of S. 294 are lo- At the conclusion of my remarks, I ues with propaganda against the cated in today’s RECORD under ‘‘State- will ask unanimous consent that a South. ments on Introduced Bills and Joint copy of that letter be printed in the Mr. President, section three of the Resolutions.’’) RECORD. framework agreement between the Mr. MURKOWSKI addressed the Mr. President, to my knowledge we United States and North Korean re- Chair. have received no answer to the letter quires that the North Koreans will en- The PRESIDING OFFICER. The Sen- delivered to President Kim Jong Il. gage in a North-South dialog and that ator from Alaska. I call on the North Korean leadership the North Koreans will consistently Mr. MURKOWSKI. Mr. President, I to respond favorably to our request for take steps to implement the North- thank the Chair. I ask how much time joint recovery teams and further co- South declaration on the demilitariza- remains for morning business. operation. It is fair to say that the few tion of the Korean Peninsula. The PRESIDING OFFICER. Morning remains repatriated thus far have not I am gratified that references to business continues until the hour of 2 been well handled. Moreover, there ap- North-South issues were included in o’clock. The Senator is being recog- pears to be a profit motive associated the agreed framework, but I am con- nized for up to 10 minutes. with those remains. We have had unof- cerned that the references do not have January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1731 specificity. For example, at what point fund it—if South Korea and Japan do the quality, accuracy, and timeliness will the United States stop fulfilling not come forward—then as far as this of her work. its commitments under the agreement Senator is concerned, all bets are off Major Biely always provided me and framework if there has not been for this agreement. my permanent staff with sound, progress in the North-South relations? I ask unanimous consent that a let- thoughtful analysis of often complex Just a few days ago, I introduced a res- ter be printed in the RECORD. national security issues. She briefed olution, Senate Concurrent Resolution There being no objection, the mate- me on such issues as United Nations 4 that calls on the executive branch to rial was ordered to be printed in the peacekeeping efforts, the use of Armed take steps to ensure that implementa- RECORD, as follows: Forces in Bosnia, the Marines in Soma- tion of the agreed framework is linked U.S. SENATE, lia, and the operational control of to the substantive and rapid progress December 9, 1994. American forces in international coali- in the dialog between the North and His Excellency KIM JONG IL, tions. the South. Supreme Leader of the Democratic People’s Re- I learned to completely trust her I hope this resolution is a step in the public of Korea. judgment. She often represented me in right direction. EXCELLENCY: As guests in your country, we meetings with constituents, defense Finally, Mr. President, I think it is are writing to express our hopes concerning the evolving relationship between the Demo- contractors, veterans groups, and mili- appropriate to comment on one of the cratic People’s Republic of Korea and the tary program managers. In so doing, administration’s defenses of the agreed United States of America. It is our hope that Debra was an impressive representative framework. In response to any criti- this will lead to the resolution of questions of the Marine Corps to a broad spec- cism of the deal itself, the administra- concerning the fate of the 8,177 Americans trum of people, both within and outside tion response that it was this agree- and thousands of other United Nations per- the Government. ment or war. sonnel still unaccounted for following the She is an excellent writer and re- Although I know that this is second- conflict of 1950-1953 and believed to be miss- searcher. Debra’s work during the 1993 ing north of the 38th parallel. guessing, I maintain we could have ne- Base Closure Commission hearings gotiated a better deal. The agreed We recognize that determining the fate of these missing service-members will be dif- proved invaluable as she helped prepare framework is a bad deal because we left ficult, as we have seen in attempting to ob- me to protect the Nation’s only live- out the inspections of the two sus- tain the fullest possible accounting in other agent chemical training facility. She pected nuclear waste sites. What does countries. Progress will require constant ef- assisted in getting several major pro- North Korea have to hide? We still do fort and a sincere commitment to resolve grams through the authorization and not know. The administration walked this sensitive issue. In this regard, we en- appropriations processes. up to the line with sanctions because of courage the Democratic People’s Republic of Yes, Maj. Debra Biely is the consum- North Korea’s refusal to agree to the Korea to agree to joint participation by the United States in the recovery of remains of mate military professional, and con- IAEA inspections of the two suspected ducted herself as such while serving in nuclear sites. servicemembers still unaccounted for north of the 38th parallel. my office. But she is also a warm, But then, if you will recall, President The American people take most seriously friendly, and outgoing person, who Carter went to North Korea and got the obligation for the fullest possible ac- come to be emulated by the rest of my Kim Il-song to agree to a freeze, which counting of those who are still missing in ac- staff. This ‘‘Major Mom’’ is also thor- the Clinton administration apparently tion. As senior members of the Committee oughly and completely devoted to her felt compelled to accept. We lost lever- on Foreign Relations of the United States husband and children, and we often age with our allies, such as China and Senate, we appreciate the opportunity to communicate directly with you and we urge marveled at how she could do such a Japan, to go ahead with the sanctions superb job in the office and still devote at a time when, in my opinion, North your best efforts and decisive leadership on this important and serious humanitarian so much of herself to her family. She Korea was ready to collapse from with- matter. was also a tremendous follower of cur- in. It could not depend on the Soviet Sincerely, rent events, and often was the first to Union anymore; it could not depend on PAUL SIMON, know of major stories in the news. I the Chinese for subsidized oil. They U.S. Senator. should add that ‘‘Major Mom’’ only re- were totally isolated. FRANK H. MURKOWSKI, cently completed her master of busi- U.S. Senator. Although I readily agree that the ness administration degree. She truly North Koreans were desparate and dan- f is one of those modern women who gerous, I would like my colleague to re- manage to do it all and do all of it well. flect on the comparison to the Soviet ‘‘MAJOR MOM’’—A TRIBUTE TO MAJOR DEBRA BIELY, USMC Perhaps what we will remember most Union. During the cold war, the Sovi- about Debra’s work, and what I person- ets were a documented nuclear threat. Mr. HEFLIN. Mr. President, Congres- ally appreciate the most, is her leader- The Reagan administration, rather sional fellows are an integral part of ship in the battle to save the Inter- than backing down, chose to bring the our business here on Capitol Hill. They national Space Station. She proved to Soviet Union to its knees in an arms come from throughout the executive be a committed and tireless worker on race. branch and bring a wealth of expertise this important cause. Her persistent ef- So today we have an isolated and and perspective to their work. forts helped pave the way for an over- broke North Korea. Moreover, Mr. The most recent fellow to serve in whelming vote of support for the sta- President, I believe there is a leader- my office was not only an outstanding tion in this body. She was recognized ship vacuum after the death of Kim Il- addition to the staff for nearly 2 years, by Vice President GORE for her efforts song. So who are we helping? but was rather unique to us in that she in this regard. Perhaps we should wait to see if a was a major in the U.S. Marine Corps. In short, we were fortunate to have moderate regime will come forward She was also a dedicated mother of Debra on our staff, and, frankly, I wish rather than giving the current totali- two, and became affectionately known she could have stayed longer. Her dem- tarian regime a new life? I believe we among the staff as ‘‘Major Mom.’’ onstration of loyalty, integrity, and are rewarding North Korea’s bad be- Maj. Debra Biely is a dedicated, in- commitment all reflected well on the havior, and it sets an unfortunate telligent, and extremely articulate pro- U.S. Marine Corps, indeed on the entire precedent. fessional who quickly became a valued Armed Forces of our country. Major I have indicated previously that I and trusted member of my legislative Biely is a shining example of the qual- belive that we are bound by agree- staff. As a military LA, she worked on ity and professionalism that character- ments executed by our executive the full range of issues relating to na- ize the ranks of our military personnel branch, even though it is an agreement tional defense and the space program. today, as well as a significant reminder that, in my judgment, is a poor agree- Her years of experience as a Marine of- of the important role that women play ment because it carries a scent of ap- ficer, together with her in-depth under- in our national defense. peasement. But if the administration standing of the programming and budg- has to come back to the Congress to eting process, were always evident in S 1732 CONGRESSIONAL RECORD — SENATE January 30, 1995 TRIBUTE TO DR. LESLIE S. cer Center, at least four cancer vaccine ‘‘We’re hoping it translates into an anti- WRIGHT strategies are being developed. Two of tumor effect.’’ Colon cancer, or cancer of the large bowel Mr. HEFLIN. Mr. President, the Ro- these approaches are now in clinical trials open to patients. The other two and rectum, is expected to be diagnosed in tary Club of Birmingham, AL honored 149,000 people this year in the United States. Dr. Leslie S. Wright on Wednesday, are in development in preclinical ani- Together, the cancers of the colon and rec- January 25 for his outstanding leader- mal studies. tum are second only to lung cancer as a ship during the 1985–88 term as Rotary In 1993, the National Cancer Institute cause of cancer deaths. International’s PolioPlus campaign [NCI] and the UAB Cancer Center en- About half of the colon cancers are cured chairman. During his 3-year tenure as tered into a cooperative agreement by traditional treatments. The genetic treat- leader of this worldwide fundraising ef- which provided the center with $1.5 ments came after patients had gone through million in support over 5 years to con- surgery alone or chemotherapy and surgery. fort, Dr. Wright inspired and motivated Dr. Robert Conry, co-investigator with Rotarians around the globe to more duct a series of cancer vaccine trials. The UAB Cancer Center is one of 27 LoBuglio, said if the vaccine proved success- than double their original goal of $120 ful through expanded studies, it might be million. To date, Rotarians, companies, such centers in the Nation that meets available for clinical use after five years. and individuals have donated over $247 the high standards for comprehensive But, he said, many more safety and reliabil- million to rid the world of polio by the designation by the NCI, and it was one ity studies are needed. year 2005. of the first eight so designated in 1973. Scientists’ expanding knowledge of the Not only has the money been raised, Now in its 23d year of core grant sup- body’s immune system has been critical in port by the NCI, the UAB center was development of the new treatments, Conry but thousands of Rotarians have volun- renewed this year for core funding over said. This information ‘‘is allowing us to, in teered countless hours toward 1 billion the next 5 years in the range of $27 mil- a more informed way, develop vaccines for children being immunized. Our own lion. After meticulous review, the NCI infectious disease as well as tumors,’’ he hemisphere has been declared free of said. also gave the center its highest prior- polio and we are well on our way to The vaccines could help doctors ‘‘harness ity rating based on program excellence. seeing an end to this dreaded disease the potential of the immune system’’ to The trials currently under way at before the target date of 2005. Alto- treat cancers, Conry said. ‘‘Since these vac- UAB include those for breast cancer, cines have little or no side effects, it will gether, 141 countries are now polio free. colon cancer, and melanoma. The tra- provide a welcome alternative to chemo- It is a grand understatement to say ditional concept of vaccination is to therapy, which has significant side effects.’’ that the response to Dr. Wright’s dy- protect against future exposure to dis- Cancer develops from the uncontrolled namic leadership was overwhelming. ease. Through work such as that being growth of cells within the body. Normally, A native of Birmingham, Leslie S. the body’s immune system would destroy done at UAB, this concept is now being Wright earned two degrees from the disease, but cancer, because it developed extended to include therapeutic appli- University of Louisville. He has been from the body’s own cells, goes undetected. cations to stimulate the immune sys- awarded honorary doctoral degrees by To trick the immune system into attack- tem to kill tumor cells or infections ing the colon cancer cells, scientists enlisted Auburn University, the University of like AIDS that already are established the help of the virus used to eliminate small- Alabama, Troy State University, in the body. pox, the vacinia virus, and a protein called Samford University, and the Univer- I want to commend and congratulate carcinoembryonic antigen (CEA). sity of Louisville. In 1983, he retired as the outstanding physicians and sci- Scientists found a way to use insect cells president of Samford University, hav- to safely produce the CEA protein. entists at UAB who are working so ing served there since 1958. He remains The smallpox vaccine with the CEA pro- hard to make the hope of a cancer vac- the university’s chancellor. tein genetically added to it triggers an im- cine a reality. I ask unanimous consent A Rotarian since 1947, Dr. Wright is a mune response to malignant cells. The sci- that an article detailing the colon can- entists’ goal is to prevent recurrence of member and past president of the Ro- cer vaccine trials from the Bir- colon cancer by destroying remaining cancer tary Club of Birmingham. He has mingham Post-Herald be printed in the cell ‘‘floaters’’ that are left circulating in served Rotary International as district RECORD following my remarks. the body after surgery. governor, International assembly in- In the breast cancer research, scientists NEW VACCINE USED TO FIGHT COLON CANCER structor, committee member and will be using a genetically engineered vac- chairman, and director. He has re- (By John Staed) cine to both produce an immune response to ceived the Citation for Meritorious Birmingham scientists successfully used a breast cancer cells and eradicate cancer Service and the Distinguished Service vaccine to get the body’s immune system to cells. fight colon cancer cells, marking the first Award from the Rotary foundation for One woman has been selected to soon begin time in the world the therapy has worked on the anti-tumor vaccine pilot study, and can- his support of its international human- human patients. cer center officials hope to include 30 women itarian and educational programs. He The University of Alabama at Birmingham in the trial. was appointed a charter member of the researchers also reported plans to test a ge- The women must have breast cancer that Alabama State Ethics Commission in netic vaccine for breast cancer in women. has spread, but that is responding to hor- 1973, serving a total of 6 years. He was The vaccine causes the immune system to monal treatments, said Janis Zeanah, a twice chairman of the commission. recognize and attack breast cancer tumor spokeswoman for the cancer center. Perhaps more than anyone else, Dr. cells. Women will be injected with a vaccine con- Until now, vaccines have normally been Wright led the way in the drive to taining the CEA protein. Scientists hope used to prevent diseases such as polio or that it will cause the immune system to re- eradicate polio. I can think of no one mumps. This new approach by scientists en- spond the same way as it has in the colon more deserving of this honor and praise hances the body’s immune system responses cancer test and destroy the cancerous cells. that was recently bestowed by his fel- to existing diseases, said Dr. Albert low Rotarians in Birmingham. LoBuglio, director of the UAB Comprehen- f I applaud his vision and congratulate sive Cancer Center. LoBuglio spoke yester- him on his many achievements. day during a briefing on developments at the MEXICAN LOAN GUARANTEE center and UAB’s new Vaccine Center. Mr. DASCHLE. Mr. President, the f Among its projects, the vaccine center is examining ways to develop immunizations New York Times report this morning THE UAB COMPREHENSIVE about the American job losses that CANCER CENTER VACCINE TRIALS for bugs that cause pneumonia, to introduce vaccine doses in foods to lower immuniza- may result from Mexico’s currency cri- Mr. HEFLIN. Mr. President, as we tion costs, and to find new vaccines for infec- sis is sobering. know, a vaccine against cancer is one tious diseases that are increasingly resistant The loss of jobs as the economy of of the most eagerly sought objectives to modern antibiotics. Mexico responds to the peso devalu- of medical science. Preclinical studies In the colon cancer research, four patients ation is a price that will be paid by and patient trials of several potential who had colon cancer tumors surgically re- American workers and their families. moved but who had a 60 percent chance of re- vaccines are under way in the United currence were treated over 16 weeks with the The past 2 years of strong export sales States and Europe. new vaccine. to Mexico have helped create about At the University of Alabama at Bir- ‘‘Two of the four have developed substan- 770,000 American jobs directly tied to mingham’s [UAB] Comprehensive Can- tial immune responses,’’ LoBuglio said. that export market. When that market January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1733 collapses, those jobs are placed in jeop- which is one of the Nation’s smaller the polls indicate that people may not ardy. States in terms of population, had understand it, or might draw the wrong That is why we should recognize that sales of $4 million per year to the Mexi- conclusions. the proposed loan guarantee to address can market. But it is the task of leaders to lead. Mexico’s economic situation is in our I know $4 million doesn’t sound like This is the right thing to do—not just national interest. The loan guarantee much compared to $13 billion from for our neighbor and trading partner to has been called a bailout and worse, Texas, but, in a small State, we take the south, but for America. I hope my but those who like to throw such terms our millions very seriously. colleagues in the Senate—on both sides around don’t take into account that Changes in traditional export rela- of the aisle—will work with the admin- real working people’s jobs are also at tionships are occurring very quickly in istration to approve the proposed loan stake. today’s new global marketplace. Our guarantee legislation as quickly as pos- The loan guarantee is not a foreign premier trading partners are Canada sible. aid package. and Japan. However, last year our sales It is structured to avoid placing Gov- to Mexico practically equalled our f ernment funds at risk. Mexico would be sales to Japan. required to pay loan guarantee fees up More American exports mean more THE PATH TO A BUDGET PACKAGE front—before the guarantee took effect American jobs. Export-related jobs are Mr. DOMENICI. Mr. President, there and before loans would be extended. relatively high-wage jobs, typically will be much discussion about what Those fees would indemnify American paying between 10 and 20 percent more will be in the budget package this year. taxpayers in exchange for Mexico’s than the average American job. So, ex- The President will present his list of right to use our guarantee. port jobs are among the most desirable program terminations, reforms, and In addition, Mexico would provide se- in the economy. When they’re placed at money saving proposals. The Congress curity in the form of proceeds from the risk, more income is jeopardized, and a working with Governors, State and state-owned petroleum company, guar- replacement job at a similar income is local officials, and many others will anteeing that America would be repaid harder to find. start work on a fiscal blueprint for the if the loan guarantees were ever acti- The growth of our Mexican exports to country’s future. And newspapers every vated. a total of $41 billion in 1993 is esti- day for the next few weeks will be As a result, the extension of loan mated to have reached more than 10 filled with stories about various money guarantees would not implicate any percent in 1994. In all, since 1987, Amer- saving ideas that are under consider- Treasury costs in taxpayer dollars. And ican sales to Mexico have almost dou- ation. the risk of exposing tax dollars to pos- bled. It’s not surprising that private I want to describe the decision-mak- sible future loss would be protected by economic forecasters are predicting the ing process that will be going on over our access to Mexico’s export oil earn- potential for significantly large Amer- the next few months. I also want to tell ings. ican job losses if this market is allowed you why these budget proposals are to crumble. Even today, the Mexican economy is under consideration in the first place, We cannot change what has already fundamentally sound. It will rebound and how they fit into the bigger pic- happened. The peso devaluation that and grow. The question for Americans ture—the future prosperity of our caused the temporary economic reac- to consider is how long the rebound country. Most important, keep in mind tion in Mexico is a fact of history. But will take and what potential depths of that these are only preliminary propos- we can help determine how severe its turmoil the country is likely to en- als and final decisions won’t be made fallout will be for Americans by the counter in the meantime. until a great deal of fact finding has speed and firmness with which we act Both those questions matter to been done. now. Americans because turmoil and job- The United States currently has $4.8 lessness in Mexico will inevitably lead This should not be an opportunity for partisan posturing. We are not talking trillion in outstanding debt. Just pay- to even greater pressures on our south- about the loss of Republican jobs or ing the interest on the debt takes 14 ern border, as people search for a way Democratic jobs. We are talking about cents out of every dollar Americans are to earn a living and feed their families. the loss of American jobs. Those work- paying in Federal income taxes. Every How long it will take for a Mexican ers ought to be able to rely on their man, woman, and child’s share of the economic recovery matters very much Congress to set partisanship aside national debt is more than $18,000. Cur- to workers whose products are sold in when their livelihood is at stake. rent estimates show our annual deficit the Mexican market. They are the The former President of the United increasing every year, growing from Americans whose jobs are at risk States, President Bush, on January 19, $175 billion this year to over $250 bil- today, particularly in the southern agreed that it is vital for Congress to lion in the year 2000. We are mortgag- border States. move promptly on the loan guarantee ing our children’s and grandchildren’s Not only are States like Texas, Ari- package. future. zona, and California the ones to which President Bush stated, This premise was eloquently stated illegal entrants are first drawn, these by Laurence Tribe of Harvard Law The plan is not a giveaway. * * * In my are also the States with some of the view, the guarantees will never have to be School: highest export sales to Mexico. called. Given the centrality in our revolutionary California sells $5 billion worth of On January 18, President Clinton origins of the precept that there should be no products to Mexico each year. Nearly taxation without representation, it seems es- said, 20 percent of Arizona’s export sales are pecially fitting in principle that we cannot made in Mexico. Texas relies on the The guarantees we will provide are not for- spend our children’s legacy. eign aid. They are not a gift. They are not a Mexican market for more than one- bailout. They are not U.S. Government Deficit spending and adding to the third of all its overseas sales—$13 bil- loans. And they will not affect our current national debt cannot go on. Govern- lion per year. budget deficit. ** * no guarantees will be is- ments are no different than families. So, while the jobs of American work- sued unless we are satisfied that Mexico can We all know friends who have let their ers will be placed at risk because of the provide assured means of repayment. personal finances get out of hand. collapse of the Mexican market for Both Presidents are right. The plan Some of us have experienced it our- their goods, those border States will is not a giveaway. It is the loan of a selves. At some point the out-of-con- also face the pressures of increased il- hose to a neighbor whose house is on trol spending catches up and the credit legal entrants. fire. We’re not proposing to build a fire cards have to be cut up or the family But the job and income losses will station and equip it. We’re just passing goes bankrupt. not be limited to the southern border the hose across the fence. When governments let their deficit States. States all over the country sell I hope the Congress can agree to set spending get out of control, citizens products to Mexico, and residents of aside partisan bickering and do the suffer. The economy produces fewer practically every State are employed right thing now. It’s never easy to and lower paying jobs. This relation- in the process. Even South Dakota, stand up and vote for something when ship between our Nation’s spending S 1734 CONGRESSIONAL RECORD — SENATE January 30, 1995 habits and their impact on our econo- to Federal funding were cut, fewer Fed- year, the interest on the Federal debt my’s ability to create good jobs gives eral dollars would be needed to do the totaled $190 billion. every American an important stake in same job and fewer taxes being paid by Mr. President, my hope is that the putting our fiscal house in order. hard working families. This is a win- 104th Congress can bring under control To achieve this goal, every Federal win-win solution. the outrageous spending that created program and expenditure, except So- In New Mexico, the Governor and I this outrageous debt. If the party now cial Security, is being evaluated in a are eager to forge this new partnership controlling both Houses of Congress, as bottom-up and top-down review. Dur- so that government, at all levels, sets a result of the November elections last ing the next few months Congress will the right priorities. year, does not do a better job of getting be considering how to best reduce the We already know what some of the a handle on this enormous debt, the size of the Federal Government and im- priorities are; improving crime preven- American people are not likely to over- plement fiscal policies that will create tion, detection, and prosecution; pre- look it in 1996. a strong economy and good jobs. There serving the national laboratories; and, are hundreds of proposals that are making sure New Mexico’s military f under consideration. Some are sound, bases maximize their contribution to others less so. Some are fair, others are our national defense. THE LATE LORNA SIMPSON not. If the future means lower taxes and Mr. THURMOND. Mr. President, the One of the best fiscal policies for a less Washington-dictated Government, Senate is a place of great camaraderie prosperous future is a balanced budget. this evaluation needs to take place. and congeniality, and over the past A balanced budget constitutional This is what will be going on in the four decades, I have been fortunate to amendment requires the Federal Gov- Senate Budget Committee. have made a number of very good ernment to spend $1.1 trillion less than On the first day of the new Congress, friends here. Regrettably, I rise today it is currently projected to spend over the Senate cut the size of congressional to memorialize one of them, Mrs. the next 7 years, and yet total Federal committee budgets by 15 percent. We Lorna Simpson. spending will still increase every year. are going to lead by example. We are Lorna is known to all of us as the In the year 2002—if we reach balance— also going to proceed with caution and mother of our colleague, Senator AL the Federal Government will expend compassion. I want you to know that SIMPSON, the dedicated and gregarious $1.9 trillion; this year the Federal Gov- throughout this process, it is my inten- senior Senator from Wyoming. While ernment will expend $1.5 trillion. tion for everyone to be treated fairly. most Members probably had the oppor- Part of the task is to establish the In making the Federal Government tunity to meet this kind and warm appropriate metes and bounds of the more responsive to its citizens, we woman, few are fortunate to have Federal Government. We need to deter- must keep in mind the neediest among known her as well as I. mine how and on what programs the us. We are a great nation founded on I first came to know Lorna in 1962 Government in Washington should be the notion of equal opportunity. Unfor- when her husband was elected to the spending our taxpayers’ money. There tunately, too many of our programs U.S. Senate and he moved into an of- will be a philosophical discussion about create unintended dependency traps. fice near mine. The Simpsons quickly the role of the Federal Government in Part of this Congress’ work program is became my close friends and I very our daily lives. Important questions to provide more intelligent programs much enjoyed spending time with Al will be answered. How can taxpayer that provide choices and restore oppor- and Lorna. dollars best and most efficiently be tunity. While Lorna was a consummate en- spent? How can we make programs I hope the budget we produce will re- tertainer, she was a woman who was work better and save money? Are there flect the priorities of the American civically active and took a strong role better ways to provide Government people, forge a new partnership with in supporting her husband’s business services? Are there lessons Congress the States, meet the requirements of enterprises. Every community in which could learn from State and local gov- the balanced budget constitutional the Simpsons lived benefited from the ernments? Could the private sector do amendment, and most important, put efforts of Lorna as she contributed her a better job in providing those services into law responsible fiscal policies that time and efforts to numerous causes in- that are not quintessential government will let the economy create good pay- cluding the Red Cross and programs functions? ing jobs and a brighter future for our that restored various historic sites. There is a feeling that the Govern- children and grandchildren. During World War II, Lorna contrib- ment in Washington has been trying to f uted to the war effort by chairing Cody micromanage everyone’s lives. And Wyoming’s black and scrap metal com- while the Federal Government has been IS CONGRESS IRRESPONSIBLE? YOU BE THE JUDGE OF THAT mittees and even served as the acting attempting to run everyone else’s busi- editor of the local paper. Among her ness, there is a sense that no one has Mr. HELMS. Mr. President, the in- many other activities in the subse- been adequately managing the Govern- credibly enormous Federal debt is a lot quent years, she assisted her husband ment in Washington. Reversing this like television’s well-known energizer in negotiations with the Israeli Gov- trend is part of putting our fiscal house bunny—it keeps going and going—at ernment concerning gas and oil explo- in order by developing this year’s budg- the expense, of course, of the American ration in that country, and later she et plan. taxpayer. served as the representative of the It would be more consistent with our A lot of politicians talk a good game, women of the United States to the Or- Founding Fathers’ vision of a limited when they are back home, about bring- ganization of American States. Federal Government with enumerated ing Federal deficits and the Federal Mr. President, I know everyone will powers if the Federal Government did debt under control. But so many of agree with me that Lorna Simpson was less. these same politicians regularly voted a unique woman and a lady in every re- Our country would be a better coun- in support of bloated spending bills spect. She possessed high ideals, a love- try if some services were provided by during the 103d Congress—which per- ly character, a friendly personality and the State and local governments in- haps is a primary factor in the new all the good qualities that signify the stead of the Federal Government. I be- configuration of U.S. Senators. perfect lady. She was a woman who was lieve the Federal Government should This is a rather distressing fact as devoted to her husband and family and enter into a new partnership with the the 104th Congress gets down to busi- she added much to the lives of those States so that the Federal Government ness. As of Friday, January 27, 1995, the whom she touched. Senator AL SIMP- imposes fewer strings, fewer rules, and Federal debt stood—down to the SON and his lovely wife Ann have my fewer regulations. In addition to penny—at exactly $4,805,320,933,038.83 or deepest sympathies and they, along achieving more sensible Government, $18,241.08 per person. with AL’s brother Peter and the entire this new Federal-State and local gov- Mr. President, it is important that Simpson family, are in my thoughts ernment partnership could provide the all of us monitor, closely and con- and prayers. same level of service with fewer tax- stantly the incredible cost of merely payers’ dollars. If the strings attached paying the interest on this debt. Last January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1735 BUDGET SCOREKEEPING REPORT THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- Judaism had drawn its peculiar strength. CAL YEAR 1995, 104TH CONGRESS, 1ST SESSION, AS The loss could be seen in secular terms. In Mr. DOMENICI. Mr. President, I the nineteenth century and early twentieth hereby submit to the Senate the budg- OF CLOSE OF BUSINESS JANUARY 27, 1995—Contin- ued century the world had been immeasurably et scorekeeping report prepared by the enriched by the liberated talent streaming [In billions of dollars] Congressional Budget Office under sec- out of the old ghettos, which had proved a tion 308(b) and in aid of section 311 of Budget principal creative force in modern European resolution Current the Congressional Budget Act of 1974, Current level over/ and North American civilization. The supply (H. Con. 2 continued until Hitler destroyed the source as amended. This report meets the re- Res. level under res- olution quirements for Senate scorekeeping of 218) 1 forever. No one will ever know what the section 5 of Senate Concurrent Resolu- world thereby sacrificed. For Israel the dep- Debt subject to limit ...... 4,965.1 4,711.4 ¥253.7 rivation was devastating. It was felt at a per- tion 32, the first concurrent resolution Off-budget: Social Security Outlays: sonal level, for so many of its citizens had on the budget for 1986. 1995 ...... 287.6 287.5 ¥0.1 lost virtually all their families and child- This report shows the effects of con- 1995–1999 ...... 1,562.6 1,562.6 *0. Social Security Revenues: hood friends, and it was felt collectively: one gressional action on the budget 1995 ...... 360.5 360.3 ¥0.2 in three of those who might have built the through January 27, 1995. The esti- 1995–1999 ...... 1,998.4 1,998.2 ¥0.2 state was not there. It was felt spiritually mates of budget authority, outlays, 1 Reflects revised allocation under section 9(g) of H. Con. Res. 64 for the perhaps most of all. Deficit-Neutral reserve fund. and revenues, which are consistent 2 Current level represents the estimated revenue and direct spending ef- ‘‘No one will ever know what the with the technical and economic as- fects of all legislation that Congress has enacted or sent to the President world sacrificed.’’ We will always live for his approval. In addition, full-year funding estimates under current law sumptions of the concurrent resolution are included for entitlement and mandatory programs requiring annual ap- with that absence; we will always live on the budget, House Concurrent Reso- propriations even if the appropriations have not been made. The current with the darkness of what was lost. level of debt subject to limit reflects the latest U.S. Treasury information on lution 218, show that current level public debt transactions. Churchill called it ‘‘the crime with- spending is below the budget resolution 3 Includes effects, beginning in fiscal year 1996, of the International Anti- trust Enforcement Act of 1994 (P.L. 103–438). out a name.’’ Last Friday at the cere- by $2.3 billion in budget authority and * Less than $50 million. monies in Poland, Lech Walesa spoke $0.4 billion in outlays. Current level is Note: Detail may not add due to rounding. of ‘‘the martyrdom of all nations, espe- $0.8 billion over the revenue floor in cially the Jewish Nation.’’ And in Ger- 1995 and below by $8.2 billion over the 5 THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. many Helmut Kohl said it was ‘‘the years 1995–99. The current estimate of SENATE, 104TH CONGRESS, 1ST SESSION, SENATE darkest and most terrible chapter in SUPPORTING DETAIL FOR FISCAL YEAR 1995 AS OF the deficit for purposes of calculating German history.’’ They were all cor- CLOSE OF BUSINESS JANUARY 27, 1995 the maximum deficit amount is $238.7 rect. billion, $2.3 billion below the maximum [In millions of dollars] Civilized men and women are fortu- deficit amount for 1995 of $241.0 billion. nate today that the lands where the Budget au- Outlays Revenues Since my last report, dated January thority Holocaust occurred are free. But the 17, 1995, there has been no action that truly free societies must bear burdens, affects the current level of budget au- Enacted in previous sessions Revenues ...... $978,466 and a burden of freedom is to examine thority, outlays, or revenues. Permanents and other spending one’s past—for the purpose of recogniz- There being no objection, the report legislation ...... $750,307 $706,236 ...... Appropriation legislation ...... 738,096 757,783 ...... ing the most brutal of realities; for the was ordered to be printed in the Offsetting receipts ...... (250,027) (250,027) ...... purpose, perhaps, of understanding; but RECORD, as follows: Total previously enacted .. 1,238,376 1,213,992 978,466 most importantly, for the purpose of U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Entitlements and mandatories never forgetting. I submit that nations Washington, DC, January 30, 1995. Budget resolution baseline esti- are never completely free until they mates of appropriated entitle- Hon. PETE DOMENICI, ments and other mandatory have the ability, will, and courage to Chairman, Committee on the Budget, programs not yet enacted ...... (1,887) 3,189 ...... examine their pasts free of censorship, U.S. Senate, Total current level 1 ...... 1,236,489 1,217,181 978,466 free of cant, free of willful neglect. Washington, DC. Total budget resolution ... 1,238,744 1,217,605 977,700 The Holocaust Museum in Washing- DEAR MR. CHAIRMAN: The attached report Amount remaining: ton provides a somber, moving ,and for fiscal year 1995 shows the effects of Con- Under budget resolution ...... 2,255 424 ...... gressional action on the 1995 budget and is Over budget resolution ...... 766 dramatic memorial to man’s most evil capabilities, and it draws thousands to current through January 27, 1995. The esti- 1 In accordance with the Budget Enforcement Act, the total does not in- mates of budget authority, outlays and reve- clude $1,244 million in budget authority and $6,361 million in outlays in pay homage to the millions of victims nues are consistent with the technical and funding for emergencies that have been designated as such by the Presi- of genocide. There is strength in a soci- dent and the Congress, and $1,027 million in budget authority and $1,040 economic assumptions of the 1995 Concurrent million in outlays for emergencies that would be available only upon an offi- ety that can bear such witness. Resolution on the Budget (H.Con.Res. 218). cial budget request from the President designating the entire amount re- Fifty years later, we still live in the quested as an emergency requirement. This report is submitted under Section 308(b) shadow of the Holocaust, and indeed, and in aid of Section 311 of the Congressional * Less than $500 thousand. Notes: Numbers in parentheses are negative. Detail may not add due to until we can say that all men will re- Budget Act, as amended, and meets the re- rounding. quirements of Senate scorekeeping of Sec- spond instinctively and courageously f tion 5 of S. Con. Res. 32, the 1986 First Con- with the highest outrage against geno- current Resolution on the Budget. ON THE 50TH ANNIVERSARY OF cide, we can never stray far from this Since my last report, dated January 17, THE LIBERATION OF AUSCHWITZ darkness. 1995, there has been no action that affects Last week we commemorated the lib- Mr. HATCH. Mr. President, I rise to the current level of budget authority, out- eration of Auschwitz. In the same lays, or revenues. solemnize the 50th anniversary last week, 19 Israeli men were killed in a Sincerely, Friday of the liberation of Auschwitz, terrorist attack by one of the extrem- JAMES L. BLUM, the concentration camp where nearly (For Robert D. Reischauer). ist groups dedicated to the destruction 11⁄2 million innocents were exter- minated by the Nazi regime, most of of Israel. In the same week, more intel- THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- them for the simple reason that they ligence reports surfaced about Iran’s CAL YEAR 1995, 104TH CONGRESS, 1ST SESSION, AS were Jews. nerve gas production, which, combined OF CLOSE OF BUSINESS JANUARY 27, 1995 The Nazi Holocaust represents one of with its current ballistic missile capa- [In billions of dollars] the blackest eras of the 20th century, a bilities, puts it in a position to threat- en Israel with gas attacks. Budget time which casts a shadow across the Current Again, I will quote Paul Johnson: resolution Current level over/ landscape of the entire second half of (H. Con. level 2 under res- this century. The overwhelming lesson the Jews learned Res. olution 218) 1 I quote Paul Johnson, one of our emi- from the Holocaust was the imperative need nent living historians, from one of his to secure for themselves a permanent, self- On-budget: contained and above all sovereign refuge Budget Authority ...... $1,238.7 $1,236.5 ¥2.3 many great books, ‘‘A History of the Outlays ...... 1,217.6 1,217.2 ¥0.4 where if necessary the whole of world Jewry Revenues: Jews’’: could find safety from its enemies. The First 1995 ...... 977.7 978.5 0.8 Hitler had wiped out a third of all Jews, es- 1995–1999 3 ...... 5,415.2 5,407.0 ¥8.2 World War made the Zionist state possible. Maximum deficit amount ...... 241.0 238.7 ¥2.3 pecially the pious and the poor, from whom The Second World War made it essential. S 1736 CONGRESSIONAL RECORD — SENATE January 30, 1995 It is a bitter realization to know that very worthy reasons for passing this Let me just put it in further perspec- 50 years after the Nazi Holocaust, the balanced budget amendment that is tive, with regard to the constitutional Jewish State remains under attack; now in the form of the House resolu- majority necessary to raise taxes. If anti-Semitism is growing in certain tion that was passed by 300 votes to 132 the President’s fiscal stimulus bill had parts of the world, as in Russia; geno- last Thursday evening. come up, as it came up last year, was cide is practiced and ignored, as in No. 1 is that if this amendment is passed the way it was, the Senate was Rwanda and, on the European Con- passed by the requisite two-thirds vote equally divided 50–50. There were 50 tinent drenched in Jewish blood, in of the Senate and is ratified by the req- who voted for it and 50 who voted Bosnia. uisite three-quarters of the States, against it. It took the Vice President The Nazi Holocaust demonstrated a then from that point on, it will take to break the tie, and it passed 51 to 50. human depravity that many refused to three-fifths of both bodies in order to If this amendment passes, my con- believe was possible. We must never increase the deficit. tention is it will take at least 51 Sen- forget that men are capable of the That is a supermajority vote, and the ators, regardless of the way the Vice most heinous destruction of their fel- reason we have done that on the deficit President votes, in order to increase low men. The name of Auschwitz is because the deficit is going out of taxes. should forever echo in the memories control and we would have to have a So it will not be easy to increase and consciences of civilized people as supermajority vote in order to have taxes, although we have had many one of the pinnacles of evil achieved in real considerations as to whether or votes in the history of this body where the 20th century. For it was in Ausch- not we want to continue to expand the we have had 51 votes for taxes. witz and the other concentration deficit. I believe it will become the focal camps of the Nazi era that genocide point from that point on. I believe the was practiced as a tool of nationalism. So, No. 1, you would have to have a three-fifths vote if you want to in- three-fifths vote will become the focal And if we ever choose to ignore the point on increasing the deficit. shadows of such a loss, of such a des- crease deficit spending. No. 2, if you want to increase taxes to pay for the Why are we even talking about a bal- picable past, we do so at the risk of anced budget amendment? I have blindly allowing it to happen again. costs of Government, then you no longer can do it by a simple majority talked to many of my constituents and f vote. there was more than one person who came to me and who said: ‘‘What kind CONCLUSION OF MORNING Some of the media in this country of a legacy are we leaving to our chil- BUSINESS have had the idea that this amendment dren? How can I and my generation just has a simple majority vote. It is The PRESIDING OFFICER (Mr. continue to spend us into bankruptcy not true. It has what is called—and we KEMPTHORNE). Morning business is and leave our children high and dry?’’ put it into the 1982 amendment that closed. I have had a number of people on So- passed the Senate by 60 percent but f cial Security all over my State come died in the House, then led by Tip to me and say, ‘‘Look, Senator, if you BALANCED BUDGET AMENDMENT O’Neill; he beat us over there—but we don’t get spending under control, our TO THE CONSTITUTION came up with the idea of a constitu- Social Security isn’t going to be worth tional majority requisite vote in order The PRESIDING OFFICER. Under anything. We won’t be able to survive the previous order, the Senate will now to increase taxes. because that is all we have to live on.’’ proceed to the consideration of House Let me just explain that a little bit If we do not get spending under con- Joint Resolution 1, which the clerk more. If this amendment becomes the trol, they say, they are going to not will report. 28th amendment to the Constitution, get many benefits out of Social Secu- The legislative clerk read as follows: then in order to increase taxes, you are rity. A joint resolution (H.J. Res. 1) proposing a going to have to have 51 percent—a ma- These people put the correct issue balanced budget amendment to the Constitu- jority of the whole body of both the first: Are we going to live within our tion of the United States. House and the Senate. So to put that in means so that our dollar is worth The Senate proceeded to consider the perspective, we could pass anything in something, so that we do not ulti- joint resolution. this body as a general rule by a major- mately have to monetize the debt, de- Mr. HATCH addressed the Chair. ity vote if we have a quorum of 51 Sen- value the dollar, and make even Social The PRESIDING OFFICER. The Sen- ators. We can pass anything by a vote Security less worthwhile for people? ator from Utah is recognized. of 26 to 25, if that is how close it was. And they are the first to admit that we Mr. HATCH. Mr. President, we are Under a constitutional majority, we need a balanced budget constitutional happy at this point to have Senate cannot increase taxes without, No. 1, a amendment to make it necessary for Joint Resolution 1, the Hatch-Simon vote and, No. 2, without getting at Congress to choose among competing balanced budget constitutional amend- least, no less, than 51 U.S. Senators to programs. ment brought up. It is in the form of vote for it and in the House at least no I have had people in the military say, the House-passed amendment which is less than 218 Members of the House. ‘‘What are we going to do? Military absolutely identical to the amendment So those are two very important rea- spending keeps going down.’’ If we that the distinguished Senator from Il- sons for voting for this: No. 1, in order start getting into a range of inflation, linois and I and Members of the House, to increase the deficit, this amendment because interest against the national including CHARLES STENHOLM, from says you are going to have to have a debt is now over $300 billion a year and Texas, and, at that time, LARRY CRAIG three-fifths vote of both bodies, the going up exponentially and will be over back in the early days over in the Senate and the House. No. 2, if you $400 billion, according to the Congres- House, who is now one of the leaders on want to increase taxes, you are going sional Budget Office, after the first of the Senate floor, have been working on to have to have a constitutional major- the year, how are we going to keep our for years, ever since the 1982 balanced ity to do so. And No. 3, you have to country safe and clear? And that is budget fight. vote. based on current interest rates. Will in- When I was chairman of the Con- Right now, many times when we in- flation not go up even more? The an- stitution Subcommittee, we brought it crease the deficit in this country, we swer to that is probably so. to the floor and then to the leadership do not vote at all. We just have a voice They said to me, as much as we want of Senator THURMOND, Senator DOLE, vote. Nobody knows who are the people the military to be strong and our Na- and Senator Baker at that time. We that have put us into debt or put us tion to be secure, you are going to have were able to pass it through the Sen- into further debt. From here on in, in to pass the balanced budget amend- ate. both cases, that of increasing the debt ment. This is slightly changed from then, or increasing taxes, we are going to The average person out there under- but the basic principles are the same. have to have rollcall votes. Those are stands this. They do not get all caught Basically, there are three things that the three pivotal and most important up in the special interest concerns of the general public needs to know are aspects of this amendment. the day. People who think clearly January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1737 know that we have to do something the 1990’s so far deficits have averaged Now, that is more than the total rev- about this profligate Federal spending. $259 billion per year. enues to the Federal Government were So I rise today with a very strong The total national debt now stands back in 1975—just interest against the feeling that this is one of the most im- at almost $5 trillion. That means that debt. In 1993, interest took 26 percent portant debates in this country’s his- every man, woman and child in Amer- of all Federal revenues and 57 percent tory that has ever taken place in the ica has an individual debt burden of of all individual income tax revenues. Senate. $18,500. We each owe that much money. The Office of Management and Budg- The subject matter goes to the heart Well, it took us over 200 years to ac- et projected last year that interest on of our Founding Fathers’ hope for our quire our first trillion dollars of debt, the debt will rise substantially over constitutional system, a system that 200 years of history before we got to $1 the next 5 years. It is now going up has and will protect individual free- trillion. We have recently been adding exponentially. OMB projected that in- doms to the maxim of limited Govern- another trillion dollars of debt about terest costs will pass the $300 billion ment. every 5 years and will continue to do so mark in 1995 and reach $373 billion in In the latter half of this century, under current projections at a slightly 1999. however, the intention of the Framers faster rate as we approach the end of Opponents of the balanced budget of the Constitution has been betrayed the decade—$18,500 each of us owes. amendment suggest that we cannot af- by Congress’ inability to control its Back in 1975, we thought it was out- ford to cut the deficit because de- own spending habits. The size of the rageous that we each owed $2,500. creased social spending will have se- Federal leviathan has grown to such an When I ran for the Senate in 1976, it vere adverse effects on our economy. extent that the very liberties of our was a little higher than $2,500, and we But think of how much we could do in American people are threatened. just thought that was unbelievable. crime control, disaster relief, health, History has already been made in the Here it is $18,500, caused by both par- science and education if we had that House of Representatives; 300 of our ties, caused by Presidents, whether Re- $300 billion available that we are spend- courageous colleagues in the House, publican or Democrat, caused by a ing on interest each year. both Democrats and Republicans, ap- profligate Congress mainly that has I do not understand the logic of con- proved this balanced budget amend- not been willing to get spending under tinuing to waste over 20 percent of our ment to the Constitution, which par- control. entire budget on interest on the ration- allels word for word Senate Joint Reso- Well, it comes as no surprise that ale that we cannot afford to cut spend- lution 1, the Hatch-Simon-Thurmond- these increases in our national debt are ing. What we cannot afford to do is to Heflin-Craig balanced budget amend- mirrored by increases in Federal spend- continue to throw away one-fifth of our ment, under the leadership of the dis- ing. The first $100 billion budget in the national budget on interest payments. history of our Nation occurred as re- tinguished majority leader, ROBERT Now, my colleagues, to put this in cently as fiscal year 1962. It took us DOLE. even better perspective, gross interest until then to spend the first $100 billion The eyes of the people, 85 percent of on the debt in 1993 amounted to more a year. That was more than 179 years whom favor a balanced budget amend- than the entire defense budget, which after the founding of the Republic. ment, now turn to us in the Senate. was $292.4 billion. It was 97 percent of The first $200 billion budget, how- They know this is the battleground. Social Security payments, which were ever, followed only 9 years later in fis- They know this is where the real battle $302 billion—it will probably be more cal year 1971. The first $300 billion is going to occur. We need to follow the than Social Security this year—55 per- budget occurred only 4 years later in example of the House and pass this bal- cent of all discretionary outlays, which fiscal year 1975, the first $400 billion anced budget amendment. were $542.5 billion; and 44 percent of all budget 2 years later in fiscal 1977, the This amendment has broad support mandatory programs, which amounted first $500 billion budget in fiscal year in the country, and among Democrats to $666.9 billion. 1981, the first $700 billion budget in fis- and Republicans who believe we need The nearly $293 billion of gross inter- cal 1982, $800 billion in 1983, $900 billion to get this Nation’s fiscal house in est costs in 1993 could have covered our in 1985, and the first $1 trillion budget order so that we can leave a legacy of entire health spending, including Medi- in fiscal year 1987. The budget for fiscal strong national economy and a respon- care and Medicaid, $207.6 billion; all year 1995 has been projected to exceed sible national Government to our chil- veterans’ benefits and services, $19.3 $1.5 trillion. dren and our grandchildren. billion; unemployment compensation, And yet, Mr. President, opponents of $35.5 billion; our entire international THE PROBLEM: THE WORSENING DEBT CRISIS the balanced budget amendment claim discretionary spending, $21.6 billion; We have a tremendous debt problem, there is no problem. They repeatedly and also covered the costs of the and it is worsening. Mr. President, our point to the marginal slowdown in the earned income tax credit, $8.8 billion. Nation is faced with a $4.8 trillion na- growth of the debt last year as though All of that could have been paid for tional debt that gets worse and worse all of our problems are solved. They just out of the interest on the national every year that we run a budget defi- say that President Clinton has dealt debt we have been paying. cit. The Government is using capital with this problem. Without the gross interest on the that would otherwise be available to But they are dead wrong. Only inside debt, we would not have even had a def- the private sector to create jobs and to the beltway can people claim that with icit last year; in fact, we would have invest in our future. Increased amounts a debt approaching $5 trillion we are on run a budget surplus of $93 billion. of capital are being wasted on merely the right track. Everyone on Capitol Interest on the debt is wasted money. financing the debt because of spiraling Hill knows that starting in 1996, Presi- Over the 5 years of so-called deficit re- interest costs. This problem presents dent Clinton’s budget leads us on a duction under President Clinton’s plan, risks to our long-term economic path of steadily increasing deficits, be- OMB’s own calculation last year was growth and endangers the well-being of yond anything that we have ever seen that interest on the public debt will our elderly, our working people, and es- before. The simple fact is that with total roughly $1.7 trillion. This amount pecially our children and grand- every additional dollar we borrow, we could have fully funded the entire 1994 children. The debt burden is a mort- throw more coal into the fire of the budget, with money left over. gage on our children and grand- runaway train on which we are all Interest compounds and gets larger children’s future. riding. by itself, even without new deficits. The trend is clear and uninterrupted. INTEREST ON THE DEBT: A TIME BOMB And, if interest rates go back up, the The magnitude of the annual deficits Mr. President, one of the most per- problem will be increased has increased enormously and contin- nicious effects of the enormous deficit exponentially. Self-propelled interest ues to do so. During the 1960’s, deficits beast is the interest costs required to costs will continue to eat a larger averaged $6 billion per year. In the feed it. Interest on the national debt in share of our national treasury, destroy- 1970’s, the deficits averaged $38 billion 1993, the last year for which we have a ing our choices to fund new programs per year. In the 1980’s, the deficits full actual set of budget figures, and eroding our ability to keep the averaged $156 billion per year, and in amounted to nearly $293 billion. commitments we have already made. S 1738 CONGRESSIONAL RECORD — SENATE January 30, 1995 You can see how interest on the Fed- gross Federal debt will top $6.3 trillion, me you overcome it by putting a fiscal eral debt through the year 2005 from exceeding 72 percent of our gross do- restraint into the Constitution that 1994, which is a little less than $300 bil- mestic product, by 1999. That is only 4 was implied by the Founding Fathers lion, will go up because of the expo- years away. but was not put there. Jefferson nential increase of compounded inter- In other words, the so-called Clinton thought it should have been in there est. Look at how it just shoots up in deficit reduction plan only cuts the and I think Jefferson was right. But, the air until, in 2005 it is somewhere deficit in the Washington sense of not really, he was wrong through most of over $520 billion. It is really a problem. going as far into the red as we earlier this country’s history until the 1960’s. And we have to face it. The only way I expected. I do not believe that kind of Whenever we ran a deficit it was gen- know to face it is to enact this bal- math works outside the beltway. As erally during time of war or depression. anced budget amendment. I do not one commentator suggested, try ex- The minute we got back on top of know of anybody who has a better idea. plaining to your bank after your check things they would get the budget bal- THE NEED FOR A BALANCED BUDGET bounces that you saved $300 by buying anced. But in the last 30 years the Con- Mr. President, if one thing is crystal a $200 suit instead of a $500 television. gress has run us into the ground and it Put another way, it is like putting a clear, it is that we need to move to- is very difficult, unless we are forced to 400-pound man on diet and claiming he ward a balanced budget. During this make priority choices among compet- lost weight when he only goes up to 500 debate, both sides will cite lots of num- ing programs. It is very, very difficult pounds instead of the 600 that was con- bers and figures. One such figure is our to get this under control. current $4.8 trillion national debt. But templated. how does one communicate the impli- What’s more, even under the current BENEFITS OF A CONSTITUTIONAL AMENDMENT cations of our staggering debt? plan, the Congressional Budget Office’s I might add that I think it is time for In 1975, before this recent borrowing 10-year projections show that after an the Congress to pass this joint resolu- spree, the Federal debt amounted to initial relative slowdown in its growth, tion, this constitutional amendment to approximately $2,500 per person, and the deficit roars back up. As I men- permanently restore the linkage be- the annual interest charges were tioned, the deficit in 1994 was $203 bil- tween Federal spending and taxing de- roughly $250 per taxpayer. At the lion. It dips to $176 billion in 1995. But cisions. My friend from Illinois, the present, the Federal debt amounts to that is as low as it goes. Starting in prime sponsor of this amendment, 1996, it shoots up again, topping $253 about $18,500 per person, with annual probably believes that taxes will be in- billion in 1999 and hitting all time interest charges exceeding $2,575 per creased to help pay for these things. I highs of $351 billion in 2003, $383 billion taxpayer. And that is at today’s inter- do not. I think it will be tougher to in- in 2004, and $421 billion in 2005. est rates, which could go even higher. crease taxes than it will be to increase Think about it. That is what is hap- The Congressional Budget Office pre- pening even if we give all of the benefit the deficit. But I think both will be dicts that in 1999, total Federal debt of the doubt to what President Clinton more difficult, and there will be votes will be nearly $6.4 trillion. That means has tried to do. And he has tried. so the American people know who $23,700 of debt per person, with annual A milestone of sorts will be passed in voted which way. interest costs projected to be over 2004 when we will rack up over $1 bil- I probably would prefer to cut spend- $3,500 per taxpayer. We would each owe lion in debt every day. Personally, I do ing. We are from two opposite poles— that much in annual costs. not think that this is a milestone any the two leaders in the Senate. We care These last figures would mean a ten- one of us should be too proud of. a great deal for each other. And I have fold increase in per-capita debt, and a That means the Clinton deficit reduc- tremendous respect for Senator SIMON nearly fourteenfold increase in annual tion plan will add over $1 trillion to the for being willing to lead the fight. He is interest charges per taxpayer, since national debt in the next 5 years and much more liberal than I in leading 1975. over $2.7 trillion in the next 10 years. this fight for a balanced budget amend- Over time, the disproportionate bur- Look, who is to blame for this? Why, ment. He is doing it for the right rea- dens imposed on today’s children and we all are, every last one of us. If I had son. He believes that we will have to be their children by a continuing pattern to lay real blame why it be on the Con- more fiscally responsible. I believe of deficits could include some combina- gress more than any other group, be- that. That is why we are fighting side tion of the following: Increased taxes; cause this is where the money bills by side as we have for a number of reduced public welfare benefits; re- originate. This is where the decisions items, but certainly on this amend- duced public pensions; reduced expendi- are made. This is where we have al- ment. I respect him for it. tures on infrastructure and other pub- lowed entitlements to run out of con- On the proposed amendment that we lic investments; diminished capital for- trol. have here—the House-passed amend- mation, job creation, productivity en- I do not particularly blame any of ment, which is identical to the Senate hancement, and real wage growth in the Presidents and I certainly am not one we have been pushing—we have the private economy; higher interest blaming President Clinton who is try- rates; higher inflation; increased in- worked together on both sides of this ing his best within the framework of Hill. We have done it for years. We debtedness to and economic depend- his political philosophy to do his best. ence on foreign creditors; and increased have massaged this thing, and worked I do not blame President Bush or Presi- on it. It is a true bipartisan consensus risk of default on the Federal debt. dent Reagan or President Carter ei- amendment. It is a Democrat-Repub- Mr. President, this is fiscal child ther. The fact is, a lot of the buck lican amendment. It is a Republican- abuse, and it must end. We have to end stops right here in Congress. Democrat amendment. We have worked it. We have to end it. Really can you blame Congress, too? This sociopathic economic policy is The polls showed that 85 percent of the together. Any one of us thinks we continued under the Clinton so-called American people were for the balanced could write it better. This is the con- deficit reduction plan, which does not budget amendment. They want us to sensus amendment. That is the only really reduce the deficit in an absolute pass it. They believe it is critical to one that has a chance of being passed. sense and does not reduce our stagger- this country. They understand deep I could write a much tougher constitu- ing $4.8 trillion national debt one down. Viscerally, people know we are tional amendment than this. So could penny. It only slows the growth in the going to have to do this kind of fiscal the distinguished Senator from Illinois. national debt; it does not reverse its restraint. But when you go and ask But this is what we have been able to upward climb. And, it reduces annual questions on individual programs, negotiate, and as you can see by the deficits only in the sense that deficits while they want us to pass a balanced first time in history, the only one that are smaller than what were previously budget amendment they want us to re- could pass the House of Representa- projected. It still has substantial an- duce taxes and they want us to in- tives. Now we have the job of trying to nual deficits which get bigger as time crease spending on special interest pro- get it through the important U.S. Sen- goes on. Even OMB’s estimates from grams. ate. last year’s budget, which predict lower So all of us have faults in this area. I believe we can, if the people out debt totals than CBO, projects that How do you overcome it? It seems to there will speak to their Senators. But January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1739 it is going to be very close. There is no ades may be a response to evolving no- tive welfare which is really not doing giving here. This is something we have tions that the role of the public sector any good for the average citizen; our to earn on the floor. We are going to do on the part of the American citizenry— antisaving Tax Code that really de- everything we can do. But the proposed that is, a genuine shift in the will and stroys savings in this country; the amendment that we have before us desire of the people—it is my conten- Washington bureaucracy that is eating does not propose to read any specific tion that a substantial part of this us alive by mandating more and more level of spending or taxing forever into growth stems from far less benign fac- on the States and on small business. the Constitution, and it does not pro- tors. We have to eliminate these things. We pose to insert the Constitution into the In short, the American political proc- have to send Washington back home. day-to-day spending and taxing deci- ess is defective insofar as it is skewed We have to restore the American sions of the representative branch of toward artificially high levels of spend- dream. We have to give our children a the Government. It merely proposes to ing, that is, levels of spending that do future that, and if we keep going the create a fiscal environment in which not result from a genuine will and de- way we are going they will not have. the competition between the tax spend- sire on the part of the people. It is We have to put Government on a ers and the taxpayers is a more equal skewed in part because the people often diet. At least that is my belief. We one—one in which spending decisions do not have complete information have to make the Federal Government will once more be constrained by avail- about the cost of programs or about afford to live within its means. Frank- able revenues. the potential for cost growth of many Mr. President, the time has come for programs. It is skewed in this direction ly, I think the Federal Government a solution strong enough that it cannot because Members of Congress have could afford to be anorexic for a while. be evaded in the short term. We need a every political incentive to spend It is far too fat, and it needs to be constitutional requirement to balance money and almost no incentive to fore- brought down to a more diet-conscious our budget. Mr. President, Senate go such spending. It is a fiscal order in methodology. We have to cut the Joint Resolution 1, and the House reso- which spending decisions have become waste, cut the fat, and get people to lution which is before us, the Dole- increasingly divorced from the avail- work instead of depending upon the Hatch-Simon consensus balanced budg- ability of revenues. Government. And I think we have to et amendment, is that solution. It is In fact, when I was on the Budget just get together as a group and call reasonable. It is enforceable, and nec- Committee I was shocked that we our Senators to tell them they need to essary to force us to get our fiscal never began with how much we had in support this; create a groundswell of house in order. revenues available to spend. We always force for this balanced budget amend- There are those who oppose the bal- began with what we want to spend, and ment. And, if we do, we will save our anced budget amendment because they then we would massage the revenues to country for generations to come; for say we can balance the budget right try to get them up to where we were your children, my children, your now. As a matter of law, that is true. spending. I just thought it was a back- grandchildren, my grandchildren. But as a matter of real life, real-world ward way of going toward the budget. In talking about that, I have thought politics, it is clear that Congress does The balanced budget amendment very often. Elaine and I have six chil- not possess the courage to do it. They seeks to restore Government account- dren, and our 15th grandchild is on its have been saying this for 30 years with- ability for spending and taxing deci- way. It will be here in another few out any avail, without any success. sions by forcing Congress to prioritize months. I have to tell you, I just pity Even if one extraordinary Congress spending projects within the available these kids and what they have to face does come along and manages to stop resources and by requiring tax in- if we do not make this decision now. deficit spending, there would be noth- creases to be done on the record. In We can no longer afford to listen to ing to prevent the next Congress from this way, Congress will be accountable those who say we should have the will spending irresponsibly once again. We to the people who pay for the programs to do what we have to do. It just is not need a constitutional amendment if we and the American people—including happening and is not going to happen. are truly interested in solving this the future generations who must pay The will is not there. We have not had problem. for our debts—will be represented in a a President who is willing to say: This RESTORATION OF THE CONSTITUTIONAL BALANCE way they are not now. Congress will be is what we have to do, and blame me if forced to justify its spending and tax- Mr. President, the proposed constitu- we cannot get it done, but this is what tional amendment will help us end this ing decisions as the Framers intended, we have to do to help put our fiscal dangerous deficit habit in a way that but as Congress no longer does. house in order. past efforts have not. It will do this by THE SOLUTION: A BALANCED BUDGET Pass this balanced budget amend- correcting a bias in the present politi- AMENDMENT cal process which favors ever-increas- Mr. President, Senate Joint Resolu- ment and you will find there will be a ing levels of Federal Government tion 1 represents both responsible fiscal renewed effort to try to get us to live spending. policy and responsible constitutional within our means. Your grandchildren In seeking to reduce the spending policy. Passage of this resolution and my grandchildren will have a fu- bias in our present system—fueled would constitute an appropriate re- ture like we had when we were raised. largely by the unlimited availability of sponse by Congress to the pending ap- When I was born in 1934, my folks had deficit spending —the major purpose of plications by nearly two-thirds of the just lost their home in the Depression. this constitutional balanced budget States for a constitutional convention My dad built our home out of a torn- amendment is to ensure that, under on this issue. down building. In fact, I thought for normal circumstances, votes by Con- Mr. President, the Senate must ap- years afterwards that all homes should gress for increased spending will be ac- prove Senate Joint Resolution 1, the be brown like ours was, with burned companied either by votes to reduce balanced budget amendment. It is the lumber, and that one side should have other spending programs or to increase right thing to do for ourselves, our a Pillsbury Flour sign on it. We did not taxes to pay for such programs. For the children, and our grandchildren, and it have indoor facilities, but we were first time since the abandonment of will give us back responsible and ac- happy people. We raised our own chick- our historical norm of the balanced countable constitutional government. ens, eggs, and we had our own little budgets, Congress will be required to The faithful stewardship of public garden that kept us alive. We did not cast a politically difficult vote as a funds that was so prized by our Found- have a lot, but we were able to survive. precondition to a politically attractive ing Fathers can be restored for 21st I have to tell you that those were vote to increase spending. We will be century Americans. The virtues of tough days, but I would not trade them forced to do it so the American people thrift and accountability can be rekin- for anything. will know, and it is about time. dled by this very 104th Congress. My future was a sure future. There ACCOUNTABILITY Mr. President, we have to do some- was no question that I was going to go While it is true that much of the thing about our irresponsible debt ap- to school and have the opportunity to enormous growth in Federal Govern- proaches—the runaway spending that grow. My dad taught me his trade. I ment spending over the past two dec- is eating this country alive; destruc- worked in the building construction S 1740 CONGRESSIONAL RECORD — SENATE January 30, 1995 trade union for 10 years, with my bare among 11 Senators who voted against and all of the other Federal programs. hands, and I was proud of it. I could do it. If the tax cuts called for in the Repub- that work today if I had to. We used to The budget deficit we face today is licans’ Contract With America are also hang suspended ceilings and build par- the result of that failed gamble. The included, the across-the-board cut titions, and other things. I did all of entire deficit for the current fiscal needed to balance the budget will be 30 that, and I can still do it. year represents the interest ownedon percent. There was no limit to our future. We the $2.4 trillion of debt run up during The Treasury Department has esti- were able to do it. This Government the Reagan-Bush years. The rest of the mated the impact of these cuts on the was living within its means. At least, budget is already balanced, and it did States. It predicts that that an across- it was just at the throes of starting to not require a constitutional amend- the-board deficit reduction package not live within its means. Today you ment to do it. that excluded Social Security and De- have to say, with interest What it did require was the courage fense would require cuts in Federal exponentially rising, with the debt ris- to make tough decisions. In 1993, under grants to States of $71 billion, and cuts ing so fast, in the future we might have President Clinton’s leadership, Con- to monetize the debt and devalue the gress passed a reconciliation bill that of an additional $176 billion in other American dollar in order to pay off will reduce the debt by approximately Federal spending that directly benefits debts with worthless money—which $600 billion for fiscal years 1994 through States in programs such as Medicaid, could be done, by the way, but the 1998. For the first time since the Tru- highway funds, aid to families with de- United States will never recover from man administration, deficits will fall 3 pendent children, education, job train- it. We would never again have the rec- years in a row. ing, environment, housing, and other ognition financially that we have That landmark deficit reduction areas. throughout the world, nor would we be package was passed by Congress with- The Treasury Department also esti- as powerful again, or be as great again, out a single Republican vote in either mated how much each State’s taxes if we have to go to that methodology— the House or the Senate. Indeed, Demo- would have to be raised for the State to which we will do if we do not pass this crats in the House and Senate were at- offset the reduction in Federal grants amendment. tacked for supporting the deficit reduc- under the proposed constitutional I want the future of your children tion bill. amendment. State taxes would have to and my children, your grandchildren For years, we heard charges from the increase an average of 12 percent just and my grandchildren, to be secure. Republican party that Democrats in to offset the loss of Federal grants. That is what we are fighting for here control of Congress were responsible The American people have a right to today. There is no question that there for the Federal budget deficit. For know if that is how the Republican ma- are many wonderful programs all of us years, Republican Presidents refused to jority will balance the budget. Why would like to have. But there still is a make the tough decisions necessary to will they not tell us? What have they necessity to live within our means, reduce the Federal deficit, choosing in- got to hide. They are using the smoke- which we are not doing. stead to blame Congress. ‘‘Give us a screen of this constitutional amend- Mr. President, we are going to do ev- Republican Congress,’’ they said, ‘‘and ment as a trick to hide the scheme of erything we can, the distinguished Sen- we will reduce the budget deficit.’’ ator from Illinois, myself, and others, In November, the voters gave the Re- deep cuts in basic social programs that and I urge Senators to join with us— publican Party the majority it sought. the country will not accept if the re- Senators DOLE, SIMON, THURMOND, HEF- And now, without even so much as pre- ality is known. LIN, CRAIG, and so many others—in sup- senting a single budget bill before ei- Amending the Constitution could porting this resolution, the balanced ther House of Congress, the Republican well make all our problems worse. budget constitutional amendment, this Party is saying to the American people Adopting this proposed amendment bicameral, bipartisan consensus bal- that the Republican Congress lacks the could jeopardize our economy, dimin- anced budget amendment. If we do, this political will to make the tough deci- ish the Constitution, distort its system country will be much better off in 5 sions necessary to continue the deficit of checks and balances, and undermine years, 7 years, 10 years from today, and reduction achieved during the past 2 the principle of majority rule that is at our children will have the future we years. Before offering a single piece of the core of our democracy. would like them to have. legislation to reduce the deficit, the The proposed constitutional amend- I yield the floor. Republican majority in Congress is ment could jeopardize our economy by [Applause in the galleries] saying that they need a constitutional requiring that the Federal budget be The PRESIDING OFFICER. The amendment to get the job done. balanced each fiscal year, regardless of Chair advises all in the galleries to re- We do not need a constitutional the state of the economy, unless three- frain from any form of approval or dis- amendment to balance the budget. All fifths of the Senate and House vote to approval. we need is leadership. If Congress is not approve a specific deficit. Mr. KENNEDY addressed the Chair. willing to balance the budget, the Con- All of us know that when the econ- The PRESIDING OFFICER. The Sen- stitution can not do it for us. omy is in a recession, revenues fall, ator from Massachusetts, Mr. [KEN- The refusal of the Republican Party and outlays increase. Fewer people NEDY] is recognized. to spell out for the American people hold jobs and pay taxes, so revenues go Mr. KENNEDY. Mr. President, I rise the specific changes needed to balance down. to oppose the so-called balanced budget the budget is a failure of leadership. Costs for unemployment insurance, constitutional amendment. I strongly The American people have a right to support deficit reduction to achieve the know what this proposed constitu- food stamps, and public assistance go goal of a balanced budget. But it is un- tional amendment would require. up. necessary, unwise, and destructive of The Congressional Budget Office esti- These so-called countercylical ac- principles at the core of our constitu- mates that a total of $1.2 trillion in tions maintain demand for goods and tional democracy to adopt this pro- deficit reduction will be required to services during recessionary times. posed constitutional amendment. balance the budget by the year 2002. They help to prevent mild downturns As the Senate begins this debate, let And that is not including the defense from becoming recessions, and they us consider some recent history. For 12 increases called for by the Republicans’ help prevent recessions from turning years, during the Reagan and Bush ad- Contract With America. into depressions. We have not had a de- ministrations, the deficit soared out of If Social Security, defense, and inter- pression in over 50 years. control—largely because of the exces- est on the national debt are excluded This proposed constitutional amend- sive 1981 tax cut, which was described from the calculations, all other Fed- ment could well prevent the operation at the time by Senate Republican ma- eral programs will have to be cut by 22 of the countercylical effects needed to jority leader Howard Baker as a ‘‘river- percent to achieve a balanced budget in help keep the economy on an even keel. boat gamble.’’ 2002. That is a 22 percent cut in spend- Supporters of the amendment argue Not every Senator supported that ing on Medicare, Medicaid, veterans that the existing budget deficit has riverboat gamble. I am proud to be benefits, student loans, farm benefits, made countercylical deficit spending January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1741 ineffective as a way to stimulate de- ments in their State constitutions. But would be at least four years out of date, and mand and avoid recessions, because the 42 States rely on capital budgets to cal- lawsuits involving the next three fiscal years deficit is already so large. But they ne- culate the balance. would be slowly climbing toward the Su- glect to mention that the constitu- Supporters of the proposed Federal preme Court. tional amendment would require the constitutional amendment say that a Supporters argue that few people Government to engage in fiscal prac- future Congress will be able to pass im- would have standing in court to assert tices that will make any recession plementing legislation that allows cap- claims under the amendment. But the worse. ital budgeting to be used in meeting Supreme Court has upheld taxpayer Section 1 of the amendment prohibits the balanced-budget requirement. They standing to challenge Government ac- total outlays from exceeding total re- should read their own amendment. tion that violates specific constitu- ceipts unless three-fifths of the House Section 7 of the amendment states tional limitations imposed upon the and Senate vote to authorize a specific that: exercise of the congressional taxing deficit. When a recession causes reve- Total receipts shall include all receipts of and spending power. nues to fall below estimates during a the United States Government except those Even if taxpayers are not given fiscal year, the proposed constitutional derived from borrowing. Total outlays shall standing to sue, it is easy to imagine include all outlays of the United States Gov- amendment would require the Govern- numerous situations where individuals ment to reduce outlays to avoid an un- ernment except for those for repayment of debt principal. will suffer actual injury as a result of authorized deficit. violations of the proposed amendment. This fundamental point was stated ‘‘All’’ means ‘‘all.’’ If the balanced budget constitutional amendment is If a President impounds Social Secu- by Alice Rivlin, Director of the Office rity benefits to avoid an unauthorized of Management and Budget, during her adopted, Congress cannot pass legisla- deficit, Social Security recipients will testimony before the Judiciary Com- tion exempting capital budgets. have standing to sue. mittee. The language of section 1 also means Congress cannot pass legislation ex- If a President withholds a pay in- [E]nforcing a rule that we must balance crease due Federal workers in order to the budget every year, regardless of the state empting Social Security. Adopting this of the economy, would be a big economic proposed constitutional amendment avoid an unauthorized deficit, the mistake. Now one can think that, and still would force Congress to include the So- workers will have standing to sue. think that budget deficits ought to be much cial Security trust fund in its bal- When courts do hear cases under this smaller than they are now, and I do believe anced-budget calculations. constitutional amendment, they will that. As many observers have pointed out, be forced to resolve complex issues in But if we were living in a world in which the amendment would enable Congress trials that could take months or even the budget had to be balanced every year, when a recession threatened * * *, and peo- to use the existing surplus in the So- years. What are the total outlays by ple were laid off, they would naturally be cial Security trust fund to avoid the the entire Federal Government for a paying less taxes. So there would be an auto- tough decisions needed to achieve a particular year? Are loan guarantees matic deficit in the Federal budget. Now, if balanced budget in the near term. The included in those outlays? How many the Congress were then required to rectify Social Security trust fund will essen- home mortgages and student loans did that by either cutting spending, or raising tially be raided to achieve a phony the Government insure? For how taxes, the recession would be worse. People budget balance. As a result, the solemn much? How may defaulted? would have less income. More people would commitment between the American be laid off. The Congress might have to cut Even in the markup in the past week, back on unemployment benefits, and things people and their Government to keep we inquired of the proponents whether like that. the Social Security trust fund separate the loan for Mexico, for example, would So you would have exactly the wrong kind from the operating expenses of the Fed- be included, whether that would be of fiscal policy in a recession. Now, you eral Government would be broken. covered or not covered by the proposed might say three-fifths of the Congress could The proposed amendment is also un- constitutional amendment. And the re- be wise enough to foresee that, and do some- wise as a matter of basic constitutional sponse we got from the proponents was, thing about it, even if the amendment were principle in our federal system. in place. ‘‘Well, it depends whether there is a de- But forecasting is very uncertain. Even First, the amendment would embroil fault or not.’’ people who do it professionally, full time, State and Federal courts in complex, Well, with the proposed loan, $40 bil- are not very good at it, and the Congress of endless litigation. It would require lion, are we supposed to say that $40 the United States is unlikely to be very good them to resolve sensitive budget issues billion loan guarantee must be author- at it. that should be left to the elected ized by a three-fifths vote of each So I think we would have worse recessions, branches of Government. It would em- House of Congress under the terms of and it would just exaggerate the boom/bust power them to cut spending and raise cycle if we had to balance every year. the balanced budget amendment? How taxes in order to achieve a balanced The proposed constitutional amend- are we going to be able to make those budget. kinds of judgments now that kind of ment is unwise economic policy for an- In The Federalist No. 78, Alexander other reason—because it would pro- emergency loan guarantee—of which Hamilton described the judiciary as both the administration and a biparti- hibit capital budgeting. Capital budg- ‘‘the least dangerous branch’’ because eting is the commonsense practice of san group have indicated support—how it ‘‘has no influence over either the would that affect all of these deficit paying for the cost of capital assets sword or the purse.’’ He then warned over their useful lives. If Congress in- calculations? Clearly that has not been ‘‘that there is no liberty, if the power thought through. tends to require a balanced budget, at of judging be not separated from the least the calculation of the balance Just one of the cases that will arise legislative and executive powers.’’ under the proposed amendment would should be made sensibly, not irration- Yet the proposed constitutional ally. make the O.J. Simpson case look sim- amendment would do exactly that— American families engage in capital ple. place the power of the purse in the budgeting when they borrow money to And when a court finds that a con- hands of unelected judges. Supporters pay the cost of purchasing a home. stitutional violation has occurred, of the amendment argue that judges They spread the payments over many what relief should it order? Five years would only rarely have occasion to use years. This same logic applies to pay- ago, in Missouri versus Jenkins, the these powers. That view is not shared ing for college education or purchasing Supreme Court ruled that a Federal by legal scholars from across the philo- a car. Millions of American businesses court could order a local government sophical spectrum. Former Judge Rob- use capital budgets as well. They de- to raise taxes to pay for court-ordered ert Bork predicted: preciate the cost of buildings over desegregation. Will Federal courts many years. They do the same for The result * * * would likely be hundreds, order Congress to raise taxes to cure an if not thousands, of lawsuits around the many other types of long-term assets. country, many of them on inconsistent theo- unauthorized deficit? Will they order We also hear a lot of Republican ries and providing inconsistent results. By the Treasury to stop paying interest on rhetoric about how States are able to the time the Supreme Court straightened the Treasury bonds? Will they order the live under balanced budget require- whole matter out, the budget in question President to stop spending Federal S 1742 CONGRESSIONAL RECORD — SENATE January 30, 1995 funds? What future constitutional cri- Quite clearly that outcome would be in that area. They are just saying go ses will we face because of this foolish in complete conflict with what our ahead and pass this and send it out to constitutional amendment. Founding Fathers said ought to be the the States. Last year, the supporters of this responsibility of the courts. I support giving the President statu- amendment accepted a proposal offered Are we prepared to say, well, all tory line-item veto authority. But the by Senator Danforth that would have right, we will not let the President of impoundment authority given the prevented the courts from raising taxes the United States move ahead on im- President by the balanced budget or cutting spending. The failure to in- poundment? We will not let our courts amendment is far broader. As Professor clude a similar limitation in this move ahead on enforcement. Who does Dellinger testified, it would enable the year’s amendment means that Federal that leave? What it leaves is the legis- President to order across-the-board courts will sit as super budget commit- lative branch. That leaves us, which cuts, or specific cuts affecting specific tees under the amendment. goes just back to our point from the programs or specific areas of the coun- The proposed amendment would also very beginning: ultimately the ques- try. give the President unprecedented au- tion comes back to us. If it ultimately The amendment could also be read to thority to impound appropriated funds comes back to us, why go through the give future Presidents power to impose when a deficit occurs. The President whole amendment process? If we be- taxes, duties, or fees to avoid an has a sworn duty to uphold the Con- lieve ultimately that we must deal unconstititional deficit. stitution. When an unauthorized deficit with these tough issues, why are we Supporters of the amendment deny takes place, the President will have a not prepared to deal with them now? any intention to give the President au- duty to take action, including im- Why go through these kind of gym- thority to impound funds or raise nastics and say, ‘‘OK, maybe we will pounding appropriated funds, to pre- taxes. But they rejected the straight- give enforcement authority to the vent a constitutional violation. forward amendment I offered in the Ju- President.’’ The supporters say, ‘‘We do That is not just my opinion. That is diciary Committee to prevent it. not want to give it to the President so the option of the President’s own legal Supporters of the amendment argue we will leave it indefinite.’’ Do we say advisor, Assistant Attorney General that all questions on enforcement of we will give it to the courts, or say we Walter Dellinger. And it is the opinion will not give it to the courts. If the the amendment will be answered when of a wide range of constitutional schol- President and the courts are excluded, Congress passes the enforcement legis- ars from Reagan administration Solici- the only other enforcement is the lation required by section 6. But al- tor General Charles Fried to Johnson Members of the Congress and the Sen- though balanced budget constitutional administration Attorney General Nich- ate. amendments have been before the Judi- olas Katzenbach, and many, many oth- That is what our Founding Fathers ciary Committee and the Congress for ers. intended. That is what the Constitu- many years, year after year, we will So, basically, this is the second key tion points out. That is what the prin- hear the proponents of that balanced area of concern, Mr. President, and cipal constitutional authorities from budget talk about how they have sup- that is the question of enforcement. Republican and Democratic adminis- ported this for 10, 15 years, and still we Who will have the powers of enforce- trations and thoughtful men and do not have any recommendation on ment? We had during the course cer- women who have not been a part of ad- how we are going to achieve it. The tainly of the hearings that were held ministrations have felt. And that, I only one that had the courage to do it last year by Senator BYRD and others, think, raises some the very, very, im- was Republican Congressman GERALD the direct testimony about whether the portant weaknesses of this amend- SOLOMON, from the State of New York, President would have the power to im- ment—that there is no certainty on en- and that was overwhelmingly defeated pound. The overwhelming constitu- forcement. We do not know. in the House of Representatives a year tional authority was that the Presi- Those proposing are not prepared to ago. And many of those who are talk- dent would have that kind of power tell the American people where the ing about the balanced budget voted under this amendment. Which means necessary cuts would come. They are against it and said, well, we can wait. that if the President made the judg- not prepared to lay that out before It is not necessary to address that issue ment that the receipts and revenues them prior to the time of the passage at that time. were out of balance, that they probably of this amendment. They are not pre- Where is it? We have written budget have a responsibility to impound funds pared to tell them how the amendment laws for years in the Congress— to avoid the deficit. will be enforced. And that is against a Gramm-Rudman, the 1990 and 1993 Is that what we are saying, that we background where the Congress had budget deficit laws. Why won’t the pro- want the President of the United taken action to see important reduc- ponents of this amendment show us the States to make those judgments, with- tions in the Federal deficit in the re- enforcement legisaltion. out any instruction as to what particu- cent times. And where there certainly Finally, the proposed constitutional lar area we want them to impound? Do can be additional attention to the defi- amendment will severely undermine we want to give him all of that author- cit in the future. the principle of majority rule en- ity and all of that power? Well, we But we are being denied, and the shrined in our Constitution. By requir- tried to address that in the Judiciary American people are being denied, the ing a three-fifths vote to authorize a Committee. I offered an amendment to right to know what they really intend. deficit or raise the debt limit, the say that we do not want to do that. We What expenditures they intend to re- amendment would give unprecedented do not want to grant that kind of a duce, what taxes they intend to im- power to a minority in either House of power to the executive. That amend- pose, and they are unwilling to state Congress. ment was defeated. That was defeated what their position is in terms of the Alexander Hamilton painted an in the Judiciary Committee. enforcement mechanism. Wait down alarming picture in The Federalist No. Then we come back and say are we the road, wait another several years. 22 of the destructive consequences of going to leave enforcement up to the Well, what will happen in the mean- these supermajority voting require- courts and give them the authority and time? The problem is that the deficit ments: the power? Under the Missouri versus will be going up again. Why have we [W]hat at first sight may seem a remedy, is Jenkins case, we have seen the con- not gotten the balanced budgets com- in reality a poison. To give a minority a neg- sternation that was raised about that ing forward from the Budget Commit- ative upon the majority (which is always the order that required the raising of cer- tee in the House and the Senate to let case where more than a majority is requisite tain funds in order to move ahead to the American people understand where to a decision) is, in its tendency, to subject enforce the court’s desegregation or- they are going, to challenge us to take the sense of the greater number to that of the lesser number. * * * This is one of those ders. We heard the roar that came from responsible positions on this deficit? refinements which, in practice, has an effect across the country that we do not want But they are not even prepared to do the reverse of what is expected from it in our courts to be making the judgments that. They are not prepared to wait and theory. * * * The necessity of unanimity in about raising taxes. see whether there will be some action public bodies, or of something approaching January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1743 towards it, has been founded upon a suppo- gress to raise the debt ceiling, rather fenders of Wildlife, 112 S.Ct. 2130 (1992); sition that it would contribute to security. than reduce spending or raise taxes, second, the deference courts owe to But its real operation is to embarrass the ad- the primary enforcement mechanism of Congress under both the political ques- ministration, to destroy the energy of the House Joint Resolution 1 is section 2, government, and to substitute the pleasure, tion doctrine and section 6 of the caprice, or artifices of an insignificant, tur- which requires a three-fifths vote to in- amendment itself, which confers en- bulent, or corrupt junta to the regular delib- crease the debt ceiling. This provision forcement authority in Congress; and erations and decisions of a respectable ma- is a steel curtain that will shield the third, the limits on judicial remedies jority. American public from an ill-disciplined to be imposed on a coordinate branch We should heed Hamilton’s warning. and profligate Congress. of government—limitations on rem- The filibuster is bad enough as a rule of Furthermore, Members of Congress edies that are self-imposed by courts the Senate. Enacting a supermajority overwhelmingly conform their actions and that, in appropriate circumstances, requirement as part of this amendment to constitutional precepts out of fidel- may be imposed on the courts by Con- will enshrine gridlock in the Constitu- ity to the Constitution itself. We are gress. These limitations, such as sepa- tion. It will enable a willful minority bound by article VI of the Constitution ration of power concerns, prohibit to ‘‘support this Constitution.’’ I fully to prevent any action they wish in con- courts from raising taxes, a power ex- expect fidelity by Members of Congress nection with the deficit, or to demand clusively delegated to Congress by the to the oath to uphold the Constitution. unacceptable conditions from the ma- Constitution and not altered by the Honoring this pledge requires respect- jority as the price of their agreement. balanced budget amendment. Con- ing the provisions of the proposed For over 200 years, the principle of sequently, contrary to the contention majority rule established in the Con- amendment. Flagrant disregard of the proposed amendment’s clear and sim- of opponents of the balanced budget stitution has served this Nation well in amendment, separation of power con- wars, depressions, and a vast range of ple provisions would constitute noth- ing less than a betrayal of the public cerns further the purpose of the amend- domestic and international crises. We ment in that it assures that the burden should not abandon it now, simply be- trust. In their campaigns for reelec- to balance the budget falls squarely on cause the elected Members of Congress tion, elected officials who flout their the shoulders of Congress—which is at this moment lack the political cour- responsibilities under this amendment consistent with the intent of the Fram- age to balance the budget. will find that the political process will ers of the Constitution that all budg- There is nothing wrong with the Con- provide the ultimate enforcement stitution. Let us act responsibly to mechanism. etary matters be placed in the hands of Congress. deal with the deficit, not irresponsibly JUDICIAL ENFORCEMENT by tampering with the Constitution. I would like at this point to address Concerning the doctrine of ‘‘stand- This proposal is a sham and a gimmick, the contention of opponents of the bal- ing,’’ it is beyond dispute that to suc- and it deserves no place in the Con- anced budget amendment like Senator ceed in any lawsuit, a litigant must demonstrate standing to sue. To dem- stitution. KENNEDY that there will be too much I yield the floor. enforcement—specifically by the onstrate article III standing, a litigant Mr. HATCH. Mr. President, I would courts. They march out a veritable ju- at a minimum must meet three re- like to respond to certain arguments dicial parade of horribles where courts quirements: First, injury in fact—that presented by Senator KENNEDY. These strike down spending measures, put the the litigant suffered some concrete and include issues involving: First, imple- budgetary process under judicial re- particularized injury; second, mentation and enforcement; second, ju- ceivership, and like Charles I of Eng- traceability—that the concrete injury dicial taxation; and third, Presidential land, raise taxes without the consent of was both caused by and is traceable to impoundment. the people’s representatives. All of this the unlawful conduct; and third, I. IMPLEMENTATION AND ENFORCEMENT ISSUES is a gross exaggeration. This parade redressibility—that the relief sought Mr. President, opponents of the bal- has no permit. will redress the alleged injury. This is anced budget amendment, including I believe that House Joint Resolution the test enunciated by the Supreme Senator KENNEDY, have over the past 1 strikes the right balance in terms of Court in the fairly recent and seminal decade carefully crafted Machiavellian judicial review. By remaining silent case of Lujan v. Defenders of Wildlife, arguments designed to place opponents about judicial review in the amend- 112 S.CT. 2130, 2136, (1992). (See, e.g., of the amendment between, what Abra- ment itself, its authors have refused to Valley Forge Christian College v. Ameri- ham Lincoln termed, ‘‘the devil and establish congressional sanction for cans United for Separation of Church & the deep blue sea.’’ One of the most the Federal courts to involve them- State, Inc., 454 U.S. 464, 482–83 (1982)). In pernicious is the contention that on selves in fundamental macroeconomic challenging measures enacted by Con- the one hand the balanced budget and budgetary questions, while not un- gress under a balanced budget regime, amendment is a sham because it is un- dermining their equally fundamental it would be an extremely difficult hur- enforceable, and on the other hand that obligation to say what the law is, dle for a litigant to demonstrate some- there will be too much enforcement— Marbury v. Madison, 1 Cranch 137, 177 thing more concrete than a generalized particularly that courts will them- (1803). I also strongly agree with former grievance and burden shared by all citi- selves balance the budget by ordering Attorney General William P. Barr who zens and taxpayers, the injury in fact the cutting of spending programs, by stated that there is: requirement. I want to emphasize that placing the budgetary process into ju- * * * little risk that the amendment will this is hardly a new concept. (See dicial receivership, or by ordering that become the basis for judicial Frothingham v. Mellon, 262 U.S. 447, 487 taxes be raised. This contention is, of micromanagement or superintendence of the (1923)). Furthermore, courts are ex- course, so exaggerated, so contradic- Federal budget process. Furthermore, to the tremely unlikely to overrule this doc- tory, that it almost refutes itself. Yet extent such judicial intrusion does arise, the trine since standing has been held to be it has become so pervasive that it gives amendment itself equips Congress to correct an article III requirement. (See Simon the problem by statute. On balance, more- new life to Shakespeare’s aphorism over, whatever remote risk there may be v. Eastern Ky. Welfare Rights Org., 426 that, ‘‘foolery, sir, does walk about the that courts will play an overly intrusive role U.S. 26, 41 n.22 (1976)). orb like the sun; it shines everywhere.’’ in enforcing the amendment, that risk is, in Even in the vastly improbable case IMPLEMENTATION AND ENFORCEMENT my opinion, vastly outweighed by the bene- where an injury in fact was estab- I want to first address the false no- fits of such an amendment. lished, a litigant would find it near im- tion advanced by opponents of the bal- There exists three basic constraints possible to establish the traceability anced budget amendment that it is a that prevents the courts from becom- and redressibility requirements of the paper tiger—that Congress will flout ing unduly involved in the budgetary article III standing test. Litigants its constitutional authority to balance process: First, limitations on Federal would have a difficult time in showing the budget. These notions are simply courts contained in article III of the that any alleged unlawful conduct—the wrong. First, the amendment has sharp Constitution, primarily the doctrine of unbalancing of the budget or the shat- teeth. It is self-enforcing. Because, his- ‘‘standing,’’ particularly as enunciated tering of the debt ceiling—caused or is torically, it has been easier for Con- by the Supreme Court in Lujan v. De- traceable to a particular spending S 1744 CONGRESSIONAL RECORD — SENATE January 30, 1995 measure that harmed them. Further- I also believe that there would be no preme Court, in Dames & Moore v. more, because the Congress would have so-called congressional standing for Reagan, 453 U.S. 654 (1981), upheld the numerous options to achieve balanced Members of Congress to commence ac- legality of the Iranian-United States budget compliance, there would be no tions under the balanced budget Claims Tribunal as the exclusive forum legitimate basis for a court to nullify amendment. Although the Supreme to settle claims to Iranian assets. the specific spending measure objected Court has never addressed the question Mr. President, it is clear from the to by the litigant. of congressional standing, the D.C. Cir- above discussion that the enforcement As to the redressibility prong, this cuit has recognized congressional issues propounded by our opponents do requirement would be difficult to meet standing, but only in the following cir- not amount to a hill of beans. simply because courts are wary of be- cumstances: First, the traditional II. JUDICIAL TAXATION coming involved in the budget proc- standing tests of the Supreme Court The contention that the balanced ess—which is legislative in nature—and are met; second, there must be a depri- budget amendment would allow Fed- separation of power concerns will pre- vation within the zone of interest pro- tected by the Constitution or a stat- eral courts to order the raising of taxes vent courts from specifying adjust- is absolutely without merit. This belief ments to any Federal program or ex- ute—generally, the right to vote on a given issue or the protection of the ef- is based on a misunderstanding of the penditures. Thus, for this reason, Mis- Supreme Court’s opinion in Missouri v. souri v. Jenkins, 495 U.S. 33 (1990), where ficacy of a vote; and third, substantial relief cannot be obtained from fellow Jenkins, 495 U.S. 33 (1990). the Supreme Court upheld the district In this case, the Supreme Court in es- court’s power to order a local school legislators through the enactment, re- peal, or amendment of a statute—the sence approved of a lower court reme- district to levy taxes to support a de- dial remedy of ordering local State or segregation plan, is inapposite because so-called equitable discretion doctrine. (See Melcher v. Open Market Comm., 836 county political subdivisions to raise it is a 14th amendment case not involv- taxes to support a court ordered school ing, as the Court noted, an instance of F.2d 561 (D.C. Cir. 1987); Reigle v. Fed- eral Open Market Committee, 656 F.2d 873 desegregation order. Intentional seg- one branch of the Federal Government regation, in violation of the 14th invading the province of another. Jen- (D.C. Cir.), cert. denied, 454 U.S. 1082 (1981)). Because Members of Congress amendment’s equal protection clause, kins at 67. Plainly put, the Jenkins had been found by the lower court in a case is not applicable to the balanced would not be able to demonstrate that they were harmed in fact by any dilu- prior case against the school district. budget amendment because the 14th tion or nullification of their vote—and The concern that the balanced budg- amendment—from which the judiciary because under the doctrine of equitable et amendment would allow a Federal derives its power to rule against the discretion, Members would not be able court to order Congress to raise taxes States in equal protection claims—does to show that substantial relief could to reduce the budget is without merit. not apply to the Federal Government not otherwise be obtained from fellow This is true for the following reasons: and because the separation of powers legislators through the enactment, re- First, Jenkins is a 14th amendment doctrine prevents judicial encroach- peal, or amendment of a statute—it is case. Under 14th amendment jurispru- ments on Congress’ bailiwick. Courts hardly likely that Members of Congress dence, Federal courts may perhaps simply will not have the authority to would have standing to challenge ac- issue this type of remedial relief order Congress to raise taxes. tions under the balanced budget against the States, but not against Furthermore, the well-established amendment. Congress—a coequal branch of Govern- political question and justiciability Finally, a further limitation on judi- ment. The 14th amendment, of course, doctrines will mandate that courts give cial interference is section 6 of House does not apply to the Federal Govern- the greatest deference to congressional Joint Resolution 1 itself. Under this ment; second, separation of powers budgetary measures, particularly since section, Congress must adopt statutory concerns would prohibit the judiciary section 6 of House Joint Resolution 1 remedies and mechanisms for any pur- from interfering with budgetary tax- explicitly confers on Congress the re- ported budgetary shortfall, such as se- ing, borrowing, and spending powers sponsibility of enforcing the amend- questration, rescission, or the estab- that are exclusively delegated to Con- ment, and the amendment allows Con- lishment of a contingency fund. Pursu- gress by the Constitution; and third, gress to rely on estimates of outlays ant to section 6, it is clear that Con- Congress cannot simply be made a and receipts. (See Baker v. Carr, 369 gress, if it finds it necessary, could party defendant. To order taxes to be U.S. 186, 217 (1962)). Under these cir- limit the type of remedies a court may raised, Congress must be named defend- cumstances, it is unlikely that a court grant or limit courts’ jurisdiction in ant. Presumably, suits to enforce the would substitute its judgment for that some other manner to proscribe judi- balanced budget amendment would of Congress. cial overreaching. This is nothing new. arise when an official or agency of the Moreover, despite the argument of Congress has adopted such limitations executive branch seeks to enforce or some opponents of the balanced budget in other circumstances pursuant to its administer a statute whose funding is amendment, the taxpayer standing article III authority. Here are a few: in question in light of the amendment. case, Flast v. Cohen, 392 U.S. 83 (1968), is First, the Norris-LaGuardia Act, 29 Thus, the court in Reigle v. Federal not applicable to enforcement of the U.S.C. secs. 101–115, where the courts Open Market Committee, 656 F.2d 873, 879 balanced budget amendment. First, the were denied the use of injunctive pow- n.6 (D.C. Cir. 1981), noted that ‘‘[w]hen Flast case has been limited by the Su- ers to restrain labor disputes; second, a plaintiff alleges injury by unconstitu- preme Court to Establishment Clause the Federal Tax Injunction Act, 28 tional action taken pursuant to a stat- cases. This has been made clear by the U.S.C. sec. 2283, where a prohibition on ute, his proper defendants are those Supreme Court in Valley Forge Christian State court proceedings by Federal acting under the law * * * and not the College, 454 U.S. at 480. Second, by its courts was legislated; and third, the legislature which enacted the statute.’’ terms, Flast is limited to cases chal- Tax Injunction Act, 26 U.S.C. sec. lenging legislation promulgated under 7421(a), where Federal courts were pro- III. IMPOUNDMENT RESPONSE Congress’ constitutional tax and spend hibited from enjoining the collection of Mr. President, I also wish to respond powers when the expenditure of the tax taxes. to the impoundment argument. In each was made for an illicit purpose. Sec- In fact, Congress may also limit judi- of the years the balanced budget tions 1 and 2 of House Joint Resolution cial review to particular special tribu- amendment has been debated, I have 1, limit Congress’ borrowing power and nals with limited authority to grant noticed that one spacious argument is the amendment contains no restriction relief. For instance, the Supreme Court presented as a scarce tactic by the op- on the purposes of the expenditures. Fi- in Yakus v. United States, 319 U.S. 182 ponents of the amendment. This year nally, in subsequent cases, particularly (1943), upheld the constitutionality of a the vampire rising from the grave is the Lujan case, the Supreme Court has special Emergency Court of Appeals Presidential impoundment. Sup- reaffirmed the need for a litigant to vested with exclusive authority to de- posedly, a President, doing his best demonstrate particularized injury, termine the validity of claims under Charles I of England impersonation, thus casting doubt on the vitality of the World War II Emergency Price Con- when faced with the possibility of Flast. (See Lujan, 112 S. Ct. at 2136.) trol Act. In more recent times, the Su- budgetary shortfalls after ratification January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1745 of the balanced budget amendment, will What we have here then, is an argu- year, unless three-fifths of the whole number somehow have the constitutional author- ment based on a mere possibility. of each House of Congress shall provide by ity—nay duty—to arbitrarily cut social Under the mere possibility scenario of law for a specific excess of outlays over re- spending programs or even raise taxes. Well, an impoundment we would have to in- ceipts by a rollcall vote. Charles Stuart literally lost his head when clude any possibility, however remote, SECTION 2. The limit of the debt of the he claimed as a prerogative the powers of the United States held by the public shall not be Commons. So too, a President may not claim in the amendment. The amendment increased, unless three-fifths of the whole authority delegated by the Constitution to would look like an insurance policy. number of each House shall provide by law the people’s representatives. The law is our Why place something in the Constitu- for such an increase by a rollcall vote. Cromwell that will prevent impoundment. tion that in all probability could never SECTION 3. Prior to each fiscal year, the I want to emphasize that there is happen, especially if Congress could President shall transmit to the Congress a nothing in House Joint Resolution 1 preclude impoundment by legislation? proposed budget for the United States Gov- that allows for impoundment. It is not Mr. CRAIG addressed the Chair. ernment for that fiscal year in which total the intent of the amendment to grant The PRESIDING OFFICER (Mr. outlays do not exceed receipts. SECTION 4. No bill to increase revenue shall the President any impoundment au- ABRAHAM). The Senator from Idaho. Mr. CRAIG. Mr. President, this after- become law unless approved by a majority of thority under House Joint Resolution the whole number of each House by a rollcall 1. In fact, there is a ripeness problem noon, the issue that brings Senators to vote. to any attempted impoundment: indeed the floor is the beginning of what I be- SECTION 5. The Congress may waive the up to the end of the fiscal year the lieve will be a historic debate in this provisions of this article for any fiscal year President has nothing to impound be- Chamber, as it has been in the House in which a declaration of war is in effect. cause Congress in the amendment has the last several days of last week, and The provisions of this article may be waived the power to ameliorate any budget that is to debate and consider House for any fiscal year in which the United shortfalls or ratify or specify the Joint Resolution 1, a balanced budget States is engaged in military conflict which resolution to the Constitution of our causes an imminent and serious military amount of deficit spending that may threat to national security and is so declared occur in that fiscal year. country. If I could, for a few brief moments, by a joint resolution, adopted by a majority Moreover, under section 6 of the of the whole number of each House, which amendment, Congress must—and I em- read to you, Mr. President, and to becomes law. phasize must—mandate exactly what those who might be listening, the ac- SECTION 6. The Congress shall enforce and type of enforcement mechanism it tual resolution. The reason I believe it implement this article by appropriate legis- wants, whether it be sequestration, re- is so fundamentally important that the lation, which may rely on estimates of out- scission, or the establishment of a con- American people and my colleagues in lays and receipts. tingency fund. The President, as Chief the Senate hear and understand what SECTION 7. Total receipts shall include all receipts of the United States Government ex- Executive, is duty bound to enforce a the resolution itself says is because a great deal will be said over the course cept those derived from borrowing. Total particular requisite congressional outlays shall include all outlays of the Unit- scheme to the exclusion of impound- of the next 3 weeks about this single 2- page document that will simply not be ed States Government except for those for ment. That the President must enforce repayment of debt principal. true. a mandatory congressional budgetary SECTION 8. By the time we are through debating measure has been the established law And the last section. since the 19th century case of Kendall it, it will appear to some who might listen to be an overburdening action This article shall take effect beginning v. United States ex rel. Stokes, 37 U.S. (12 with fiscal year 2002 or with the second fiscal Pet.) 542 (1838). In Kendall, Congress that this Government should not take. I think what is important in the proc- year beginning after its ratification, which- had passed a private act ordering the ever is later. esses of our constitutional requirement Postmaster General to pay Kendall for Passed by the U.S. House of Representa- is for all of the Senate, and certainly services rendered. The Supreme Court tives January 26, 1995. for the American people, to understand rejected the argument that Kendall And, of course, introduced into the that the Congress of the United States could not sue in mandamus because the Senate and brought to this floor today is only proposing—is only proposing— Postmaster General was subject only for the purposes of beginning the de- to the American people and to the 50 to the orders of the President and not bate. States a resolution that would estab- to the directives of Congress. The Mr. President, the reason I read this lish a process to cause this Congress to Court held that the President must en- document and the reason it is impor- begin to construct a budget for our tant that the RECORD show that it is force any mandated—as opposed to dis- country that would come into balance. but 11⁄2 pages in length, it is 8 sections cretionary—congressional spending Let me read: measure pursuant to his duty to faith- and only 1 article, as proposed as the fully execute the law pursuant to arti- Resolved by the Senate and House of Rep- 28th amendment to the Constitution of resentatives of the United States of America in cle II, section 3 of the Constitution. Congress assembled (two-thirds of each House our country, is because if the average The Kendall case was given new vital- concurring therein), That the following article citizen just listened to the debate, they ity in the 1970’s, when lower Federal is proposed as an amendment to the Con- would think that the magnitude of this courts, as a matter of statutory con- stitution of the United States, which shall be statement, so defined and so articu- struction, rejected attempts by Presi- valid to all intents and purposes as part of lated by the opposition to it, surely dent Nixon to impound funds where the Constitution when ratified by the legis- must be 1,000 pages in length, or it Congress did not give the President dis- latures of three-fourths of the several States must be one of those 1,700- or 2,000-page cretion to withhold funding, E.g., State within 7 years after the date of its submis- bills, like the health care bill of a year sion to the States for ratification: Highway Commission v. Volpe, 479 F.2d ago. If it is to cause for this country all 1099 (8th Cir. 1973). Therein itself is a very clear state- of the dire predictions that the Senator The position that section 6 imple- ment, Mr. President, that this Senate from Massachusetts just proposed, how menting legislation would preclude begins today only the debate that could a document so simple cause so Presidential impoundment was sec- would cause us to agree by a two-thirds much problem? In fact, how could a onded by Attorney General Barr at the vote to send forth to the States this document so simple even suggest after recent Judiciary Committee hearing on simple document for them to consider, it were ratified by the States that the the balanced budget amendment. Testi- and by three-fourths to ratify, for it to Congress shall enforce and implement fying that the impoundment issue was become the 28th amendment to the this article by appropriate legislation? in reality incomprehensible, General Constitution of this country. In fact, what we are hearing and Barr concluded that ‘‘the whip hand is Article— what we will hear for 3 or 4 weeks, and in Congress’ hand, so to speak; under One article, not article I, not article potentially hundreds of amendments section 6 [the] Congress can provide the II, not article III, but one article with later, is that the Congress itself has enforcement mechanism that the eight sections, 11⁄2 pages in total. the cart before the horse; that we, the courts will defer to and that the Presi- SECTION 1. Total outlays for any fiscal year Senators, must see in great detail dent will be bound by.’’ shall not exceed total receipts for that fiscal every item that will be cut, every S 1746 CONGRESSIONAL RECORD — SENATE January 30, 1995 change in the budget that will be pro- myself have been involved in this issue American people agreed or said some- posed over the next 7-year period, and for well over a decade now. thing like that when asked the ques- yet the constitutional amendment it- The reason I mentioned breadth of tion. Even when the question was self, as proposed, says that: time and all of those from a bipartisan asked, well, what about, or if, or this The Congress shall enforce and implement point of view that have been involved might be changed, they said, we want a this article by appropriate legislation— in this issue is because, as attitude and balanced budget because we fear that And that will come logically, at ideas change here in this body or in the the Government and those who govern least, only after we find out if three- other about how we govern our coun- us have lost sight of the impact of a fourths of the States of our Nation are try, one idea that has been around now debt and a deficit of the kind we have willing to ratify it. for well over two decades has been this as a country and its potential impact I think myself and the Senator from idea. I think it has met the test of on future generations. Utah and the Senator from Illinois change and time. And I think all of us Well, those polls were taken in 1994 know that we will try to do better than recognize that, if we truly are going to and 1995, just this year. But in Septem- that. We will work at explaining and bring about the kind of changes in the ber 1992, again, 81 percent of the Amer- trying to articulate what we believe central Government of this country ican people spoke out and said change, this process, this procedure would re- that many of us believe the American balance the budget, pass a balanced quire as it relates to changes in budget people spoke to on November 8, this is budget amendment, begin to restrict and changes in budgetary practices. the issue, this is the resolution, that yourselves, begin to control yourselves But I think for all of us who will be- can bring that change because while all as a government. come involved in this debate over the of those ideas change about how we So it is an issue that has withstood next several weeks, it is constantly im- change our Government and how we the test of time. It is not something portant that we remember that it is look at it, this one has not changed. new, nor is it unique or different. You but a simple document proposed to the Interestingly enough, it was not just will hear in the course of this debate States and, yes, out of that simplicity one of those items in the Contract quotes from our Founding Fathers. will probably come one of the most sig- With America that Republican can- You have heard the Senator from Mas- nificant changes in the way the central didates for the House of Representa- sachusetts refer to the Federalist pa- tives ran on last year and now work on pers. Government of this country operates as Members of the Congress. It was the Let the new Federalist papers of 1995 than ever in the history of its central centerpiece. The reason it was the cen- be crafted by this Congress to speak to Government since the Constitutional terpiece, and the reason we know why the States of our Nation and to tell Convention and the proposed Constitu- it should be, was the importance it them the virtues of a balanced budget tion that this would become an amend- plays in what it will cause this Con- amendment and what it will do to ment of as it was proposed some 208 gress and this Senate to do differently. change the powerful central Govern- years ago. The Senator from Massachusetts was ment and what it will do to bring back The Senator from Utah, who leads talking about a variety of very impor- the 10th amendment and the 14th the debate on this side, has clearly tant programs. Many of us call them amendment and the power to the spelled out the efforts and the work Great Society welfare programs, ideas States and the power to the citizens to that has gone into the crafting of this of the past, ideas that appeared to be once again control themselves. Yes, amendment. Certainly, the Senator good in their day, ideas that would this is a most critical time in our Na- from Illinois, who is here in the Cham- have solved a great many problems for tion’s history, and, yes, I believe this is ber this afternoon, and the Senator our country. But when you look at the a most historic debate we begin this from South Carolina know, because breadth of time that they have been afternoon. they have been involved in this issue funded and have been operating, have Coincidentally, as we meet here in for a good many years, as have I, that they addressed our problems? Have the Chamber of the Senate today, Gov- it is not a partisan issue, that it cannot they solved the problems they set out ernors from all 50 States are meeting be a partisan issue. By the very nature to solve? in this Capital City, and they are gath- of the two-thirds vote that is required The answer is quite simply no, be- ered around preparing to convene a na- in this body, it is uniquely bipartisan. cause if they had and had there have tional conference of Governors in the And over the years we have worked been no more poverty and been no coming months to develop a dialog and hard to accomplish that. more people on welfare, if the budget a presentation to the central Govern- The vote in the House of last week had been balanced, I doubt that the ment, to the Congress of the United demonstrates very clearly that it was election last November would have States, cajoling, arguing, emphatically again a uniquely bipartisan debate and been the way it was, that our American stating that it is time the States began vote, with many members of both par- people would have spoken so strongly to reclaim some of their power under ties voting for it, to acquire that two- to this issue and to other issues and the 10th and 14th amendments. thirds vote. would have demanded the change. A Democrat Governor this morning The gravity and the magnitude of So it is not in spite of them; it is from Indiana said on national tele- changing the Constitution of this coun- largely because of a variety of ideas vision: And if the Congress does not lis- try must be something that a majority, that have transformed our Government ten, then maybe we will have to do a very large majority, of the American that have caused us to have a $4.6 tril- what States did when they brought people agree with, two-thirds in the lion debt and on average $200 billion about a Constitutional Convention as a Senate and the three-fourths of the deficit and a $300 billion annualized in- result of a meeting in Annapolis, as a States. It is so critically necessary. terest payment. The American people result of a failing document called the I have mentioned PAUL SIMON of Illi- are saying in a very loud way and in a Articles of Confederation. That was a nois, former chairman of the Constitu- very clear way, Congress, pass a bal- Democrat Governor that said that this tion Subcommittee, leader on the Dem- anced budget amendment and in so morning in a mild but direct way. ocrat side on this issue. STROM THUR- doing transform our Government for us A Republican Governor sitting right MOND, who is here to speak this after- and do as you will to change it. Be beside him said, yes; it is absolutely noon, from South Carolina, President kind. Use good priority. Recognize true. If the arrogance of power today in pro tempore of the Senate and former those in need. But do not continue to the central Government and here in Judiciary chairman who introduced fund it by deficit in the manner that this Senate and in the House is to say this issue in the 1950’s; ORRIN HATCH, you have. to our States, we do not hear you and who now chairs the Judiciary Commit- This year in a Wirthlin poll, 70 per- we do not care; we will continue to put tee, who spoke and opened up this de- cent of the American people said that, down upon you one Federal law after bate as he brought the House resolu- or said some form of what I have just another that will erode your power and tion to the floor; and HOWELL HEFLIN, said, and 19 percent disagreed. A Wash- your ability to govern under a Con- CAROL MOSELEY-BRAUN, PETE DOMEN- ington Post-ABC poll beginning this stitution that puts States in a pre- ICI, and many other Senators including year showed that 80 percent of the eminent power position and put the January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1747 central Government second in almost tures into balance on an annual basis nual balanced budgets, although Sen- all, if you do not do that—and that is and they will do so in a certain man- ator Tydings and Representative Dis- what those Governors were saying this ner. ney introduced several balanced budget morning—we will speak even louder to And if they find it impossible to do amendments during that period. transform our Government once again they will offer it up in another dif- Following World War II, a Senate like the States over 200 years ago had ferent manner under a different pre- joint resolution on balanced budgets to do because of a central Government scription. But it will be so required and was introduced by Senators Tydings of that was not working. the American people will know why we Maryland and Bridges and reported out If we pass this resolution, if we send are spending in deficit if we must. But by the Committee on Appropriations in to the States the 28th amendment to more important, that in the good years 1947 but received no further action. the Constitution of this country, and if we will pay it off. We will get back in During the 1950’s, an increasing num- it is ratified, then we will begin a his- balance. We will do what our Founding ber of constitutional initiatives for toric dialog with those Governors and Fathers did for well over 100 years dur- balanced budgets came to be intro- State legislatures to decide what of ing the history of this country, the duced regularly in Congress. It was these programs that make up this huge first 100 years, when a balanced budget during that time that I supported legis- Federal budget have priority to the was an ethic. It was believed to be the lation such as that offered by Senators States and to the citizens of those responsibility of a central Government. Bridges, Curtis, and Harry Byrd to re- States, which should be paid for by the Slowly but surely we have walked State legislatures and the taxpayers of away from that. Slowly but surely our quire the submission by the President States and which should be funded by debt began to mount. Slowly but surely of an annual balanced budget and to the Federal Government. And I sin- we began to lose control of our Govern- prevent Congress from adjourning cerely believe until we pass this ment to an autopilot that now many without having enacted such a budget. amendment, that kind of debate, that will argue we must retain. I do not be- No action was taken on these meas- kind of dialog, that kind of cooperative lieve that is what our Governors are ures. Yet, since the beginning of the relationship between the States and saying. It is most certainly not what 84th Congress in 1955, an average of their central Government will really the citizens are speaking to. And it is four constitutional amendments to re- never begin. something this Congress should never quire a balanced Federal budget have Last Friday night we passed another agree to again. been proposed during each Congress. historic piece of legislation, the un- So we begin this debate with the rec- There was little substantive action in funded mandates legislation. My col- ognition that House Joint Resolution 1 the 1960’s and 1970’s on our proposals. league from Idaho authored that and that is before us as a resolution pro- But finally, in 1982 while I was chair- brought it to the floor of the U.S. Sen- posed to the States to provide a bal- man of the Judiciary Committee, the ate. There is no doubt that was a phe- anced budget amendment to our Con- Senate passed a balanced budget nomenally important step. But, still, stitution can bring about profound amendment which I authored. Our vic- there is adequate room for the Federal change. But it will bring about change tory was short-lived, however, because Government to create great havoc with so designed in the image of the citizens the Speaker and the majority leader at State governments and their ability to of this country, as they envision their that time led the movement to kill it control. That unfunded mandates bill, central Government. in the House of Representatives. That coupled with a constitutional amend- I yield the remainder of my time. was our high water mark as we fell one ment to balance the Federal Govern- The PRESIDING OFFICER. The Sen- vote short in 1986 and four votes short ment’s budget would for the first time ator from South Carolina is recognized. last year. With the recent action in the in the life and the history of this Gov- Mr. THURMOND. Mr. President, House of Representatives and wide bi- ernment under this Constitution create today, we begin consideration of a pro- partisan support in the Senate, I am a dialog and debate that will go on for posed constitutional amendment to re- ever optimistic that this is the year a long, long while as we begin the proc- quire the Federal Government to the Congress will deliver to the Amer- ess I have just outlined: A sorting out achieve and maintain a balanced budg- ican people a balanced budget amend- of our differences and deciding what we et. We are pleased that the House acted ment. can do and what we cannot do and what with wide bipartisan support as it Simply stated, this legislation calls is within the fiscal means of our coun- adopted the balanced budget amend- try to do. ment by a vote of 300 to 132. for a constitutional amendment requir- Yes, to the Senator from Massachu- Also, before we have extended debate ing that outlays not exceed receipts setts, we would establish a lot of on this proposed amendment in the during any fiscal year. Also, the Con- unique and new priorities. You see Senate, I want to commend the chair- gress would be allowed by a three-fifths what he was saying a few moments ago man of the Judiciary Committee, Sen- vote to adopt a specific level of deficit when he talked about all those cuts, is ator HATCH. He is to be congratulated spending. Further, there is language to that his vision of America is a Govern- on the manner in which he handled this allow the Congress to waive the amend- ment like the one we currently have, matter in the Judiciary Committee and ment during time of war or imminent only bigger and bigger and bigger. Not bringing it to the floor for consider- military threat. Finally, the amend- changed, not rejuvenated, not redis- ation. I have worked over the years ment requires that any bill to increase tributed, not redesigned and with Senator HATCH on the balanced taxes be approved by a majority of the reenvisioned and recreated. But that is budget amendment and due in large whole number of both Houses. what the American people are saying. part to his tireless efforts we are close This legislation would provide an im- And that is why we began this debate to sending this proposal to the Amer- portant step to reduce and ultimately this afternoon. ican people for ratification. I also wish eliminate the Federal deficit. The Over the course of the next several to commend Senator LARRY CRAIG of American people have expressed their weeks I am sure all of my colleagues Idaho for his fine leadership on this strong opinion that we focus our ef- who are joined in this debate in favor matter. He has been a stalwart in this forts on reducing the deficit. Making a of a balanced budget amendment will fight. Also, I wish to commend Senator balanced budget amendment part of work overtime to explain to our col- PAUL SIMON of Illinois, who has been a the Constitution is appropriate action leagues here in the Senate and to the leader in this cause for a number of for addressing our Nation’s runaway American people how the processes will years. fiscal policy. work. But one thing we know is clear. Mandating balanced Federal budgets Over the past half-century, the Fed- We must pass a clean amendment, be- is not a new idea. The first constitu- eral Government has become jeopard- cause it is nothing but a prescription, a tional amendment to balance the budg- ized by an irrational and irresponsible process, a procedure placed in the Con- et was proposed in 1936 by Minnesota pattern of spending. As a result, this stitution which mandates to the Con- Representative Harold Knutson. Then firmly entrenched fiscal policy is a gress of the United States that they came World War II and attention was threat to the liberties and opportuni- will bring their receipts and expendi- distracted from efforts to secure an- ties of our present and future citizens. S 1748 CONGRESSIONAL RECORD — SENATE January 30, 1995 The national debt as of December 30, It is time we show the fiscal dis- Following the end of the Second 1994 was $4.65 trillion. The Federal defi- cipline advocated by Thomas Jefferson World War, that has not been the case. cit in fiscal year 1993 was $225 billion. and adopt a balanced budget amend- Until the end of the 1960’s, deficits were Mr. President, in 1957, my third year in ment. I yield the floor. small, relative to the gross national the Senate, the entire national debt Mr. DASCHLE. Mr. President, as the product, and some fiscal years showed was less than $275 billion and there was Senate begins to debate the resolution small surpluses. The oil price shocks of not a deficit, but rather a $3 billion to send to the States a proposed con- the 1970’s and other factors began to surplus. stitutional amendment to require a fuel the ominous upward drift of defi- Today, the payment of interest on balanced budget, I am hopeful it can cits. the debt is the second largest item in also be an educational experience for Even then, despite the efforts by the budget. That accounts for the esti- both participants and spectators. Like some to rewrite history, the growth of mate that this year it will take over 40 the gulf war debate, I hope it will lead the national debt was not exponential. percent of all personal income tax re- to an informed judgment for all of us. Deficits reflected economic stress, not ceipts to pay the interest on the debt. For it has been a debate that has gone an out-of-control budget. The tax dollars that go to pay inter- on for centuries. That changed dramatically in 1981. est on the debt are purely to service a The words of Andrew Jackson and Fourteen years ago, with the first voracious congressional appetite for Thomas Jefferson have always made Reagan budget, deficits exploded and spending. Payment of interest on the sense to me. They did not believe in the national debt began its upward spi- debt does not build roads, it does not permanent debt. Jackson said, ral. fund medical research, it does not pro- I am one of those who do not believe a na- The combination of supply-side eco- vide educational opportunities, it does tional debt is a national blessing, but rather nomics in the form of a massive tax cut not provide job opportunities, and it a curse to a republic; inasmuch as it is cal- and a trillion-dollar defense buildup led does not speak well for the Federal culated to raise around the administration a to record-setting deficits. Government. Payment of interest on moneyed aristocracy dangerous to the lib- In the 12 years of Reagan-Bush eco- the debt merely allows the Federal erties of the country. nomics, a national debt that had taken Government to carry a debt which has I am sensitive to the significance of two centuries to reach $1 trillion was been growing at an alarming rate. It is amending our Constitution and the quadrupled. deficit spending which has brought us care we should exercise when we pro- If your family built up a $9,000 debt to these crossroads. Congress has bal- pose to do so. In more than 200 years, over 5 years and your feckless brother- anced the Federal budget only once in the Constitution has been amended 27 in-law ran up $27,000 on your credit the last 32 years and only 8 times in times. Two of those occasions reflect card in 45 days, you’d be facing the the last 64 years. A balanced budget the effort to annul with the 21st equivalent of what happened at the amendment as part of the Constitution amendment the problems created by Federal level. Your monthly interest will mandate the Congress to adhere to the 18th, prohibition. charges would go sky high. That hap- a responsible fiscal policy. Passage of the repeal amendment pened to Federal interest charges, too. The American businessmen and busi- could no more undo the damaged Today the interest payment on our nesswomen have become incredulous as caused by Prohibition than it could debt is $212 billion. If it were not for they witness year in and year out the turn back the clock. the Reagan-Bush portion of the debt, spending habits of the Congress. Any- Throughout most of our history, the our budget would be virtually in bal- one who runs a business clearly under- discipline of balanced budgets was part ance today. stands that they cannot survive by of our tradition. It was so much a part High deficits that persist in good eco- continuing to spend more money than of the culture of government that no nomic times as well as bad damage our they take in. It is time the Congress external discipline was necessary to en- economy. They sap economic growth understands this simple yet compelling force it. by diverting resources from productive principle. That has not been true for the last investments. They add to the debt bur- For many years, I have believed, as quarter century. The discipline of den and its servicing cost, the interest have many Members of Congress, that strong political parties has eroded. In we pay on the debt each year. That di- the way to reverse this misguided di- the last quarter-century, self-styled verts resources from longer range in- rection of the Federal Government’s conservatives got tired of preaching vestment in infrastructure and edu- fiscal policy is by amending the Con- fiscal austerity. The free lunch theory cation. stitution to mandate, except in ex- of politics was born. It proved success- Everyone knows what must be done traordinary circumstances, balanced ful, and we are its heirs. to balance the budget. Revenues have Federal budgets. The Congress should History is unforgiving. What has to equal or exceed outlays. you can adopt this proposal and send it to the been done changes the world, whether reach that result by increasing reve- American people for ratification. The or not, in hindsight, we think it should nues or reducing outlays or both. balanced budget amendment is a much have been done. We are forced to deal But you can’t do it with mirrors. needed addition to the Constitution with the changed world. We can no Despite three versions of the Gramm- and it would establish balanced budg- more return to the tradition-inspired Rudman Act since 1985, each of which ets as a fiscal norm, rather than a fis- fiscal discipline that ruled our Nation’s was supposed to produce a balanced cal abnormality. first 150 years than we could undo the budget, the budget, as we all know, is The tax burdens which today’s defi- damage of Prohibition by repealing it. far from balanced. cits will place on future generations of In this changed world, proponents The first real action to get the defi- American workers is staggering. Fu- argue that the only institution in cits under control occurred in 1990, ture American workers are our chil- American life that still commands the when Congress and President Bush dren and our children’s children. We respect necessary to impose discipline agreed on $500 billion in deficit reduc- are mortgaging the future for genera- in the face of competing demands is the tion. tions yet unborn. This is a terrible in- Constitution. Again in 1993, Congress and President justice we are imposing on America’s So I have supported the idea of Clinton agreed on another $500 billion future and it has been appropriately re- amending the Constitution. I have done in deficit reduction that has given us ferred to as fiscal child abuse. so in the hope that it would have a sal- the first 3 consecutive years of declin- Our third President, Thomas Jefferson, utary effect on smoke-and-mirrors ing deficits in half a century. Yet the stated: The question whether one generation budgeting that has won all too many of 1993 action, which has been enormously has the right to bind another by the deficit the battles while the Nation is steadily beneficial to our economy, was fiercely it imposes is a question of such consequence losing the war. resisted on a partisan basis. Not one as to place it among the fundamental prin- ciples of government. We should consider From the beginning of the American Republican voted for that deficit re- ourselves unauthorized to saddle posterity constitutional system in 1789, the Fed- duction package. with our debts, and morally bound to pay eral budget was in rough balance in We were warned that passing the them ourselves. most of its first 150 years. President’s budget would throw the January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1749 country into recession, cost countless because $280 billion just does not go as I do not understand why we would jobs, put Americans into the poorhouse far in 1995 as it did in 1987. permit 47 of 88 Senators on the floor to through tax hikes, and make the defi- It does not take a mathematical ge- vote the country into war—as we cit go through the roof. nius to figure this out. would, if that were the issue and 12 Exactly the opposite happened. The I do not think anyone in America Senators were absent—but we should economy grew stronger and expanded; would have much trouble figuring out never allow fewer than 51 Senators to more than 5 million new jobs were cre- that living in 1995 on what they earned vote for the smallest revenue increase. ated; 20 million working Americans in 1987 would mean some cutbacks. I do This means accelerated gridlock. The were taken off the tax rolls; and the not think most Americans have trouble Senate could not act on anything that deficit has come down for 3 years in figuring out that if they had exactly involved revenues, no matter how triv- succession. the same dollar amounts to spend on ial, if the outcome were close, if just The dire warnings in 1993 weren’t rent and food and clothing today that one Senator were absent—not an un- qualified. They were presented as fac- they spent in 1987, they would be buy- common occurrence. If one Senator is tual conclusions, predictions so sound ing a lot less of everything. absent, and the body is evenly split on they were without possibility of error. This is why our city mayors and our an issue, a 50-vote win would not suf- So supremely confident was the par- Governors are wondering what will fice. I need not remind anyone how tisan opposition that the President’s happen to their budgets and the serv- often we legislate with more than one plan passed by just a single-vote mar- ices they are responsible for under this absentee. gin in the House and the Senate. freeze theory. No wonder they are con- The proposal requires that this vote Today, the same people whose con- cerned. They should be. be taken by a rollcall. That means the fident predictions of economic disaster The proposed balanced budget end of any voice-voted conference re- have been proven so totally wrong are amendment sets very strong conditions ports that include any revenues, no making confident assertions about how and standards to be applied to the matter how trivial, and no matter how easy it will be to balance the budget. budget. broadly supported. We are hearing with increased fre- It would require a three-fifths major- These will strike some as minimal quency that nothing but a freeze is ity, not a simple majority, to raise the objections to a grand scheme, but it is needed to balance the budget by the debt ceiling or adopt a budget that is often over the most trivial things that year 2002, so States and cities need not out of balance. grand schemes come to an unhappy worry that programs that target funds This so-called supermajority is the end. for them will be seriously affected. Senate’s filibuster rule. All of America A failure to observe the requirement The same people who so confidently had a good taste of how the filibuster would open any law to challenge in the predicted in 1993 that the President’s rule worked in the 103d Congress. It courts, as having been enacted uncon- budget plan would lead to economic brought work to a full stop. It put into stitutionally. disaster, and who have been proven so the hands of a minority the power to There are already many Americans, totally wrong, are now asking us to bargain for, hold hostage, blackmail, or including well-respected economists have confidence in their claims that simply block anything they wanted. and nonpartisan political observers, balancing the budget won’t be difficult The Constitution is straightforward who think the effect of a constitutional because it can be done by freezing about the few instances in which more commandment to balance the budget spending. than a majority of the Congress must will be a series of ever-more-ingenious The same people who want Ameri- vote: A veto override, a treaty, and a evasions by the Congress. cans to believe this are hoping no one finding of guilt in an impeachment pro- They believe that as the difficulties will notice that they’re using the exact ceeding. Every other action by the and inconveniences of living up to the opposite argument about defense Congress is taken by majority vote. promise are encountered in the real spending. The Founders debated the idea of re- world, Congress will create loopholes The defense budget has been frozen quiring more than a majority to ap- just as it has changed other budgeting since 1987. It has been about $280 billion prove legislation. They concluded that laws when they became inconvenient in a year. According to the logic of those putting such immense power into the past years. who say balancing the budget will be hands of a minority ran squarely But it is one thing to change statu- painless if you just freeze all spending, against the democratic principle. De- tory budget law. It is quite another to we should expect defense resources to mocracy means majority rule, not mi- play fix-up games with the Constitu- be what they were in 1987. nority gridlock. tion. But that is not what you are hearing. Even the Senate, with its veneration I support a constitutional amend- What you are hearing is that defense for the filibuster rule, limits its reach ment to balance the budget because has suffered deep cuts, that spending when it comes to the budget. The Sen- only the Constitution commands uni- reductions have done all sorts of dam- ate has specifically protected the rec- versal respect. But I am seriously con- age, and, to the contrary, that we must onciliation process against manipula- cerned that the amendment must be increase spending for the military if we tion by a minority. You cannot fili- crafted carefully. Otherwise, it will in- are to avert imminent disaster. buster a reconciliation bill. vite tampering with a constitutional But in freeze terms, there haven’t When we seek to override a veto or requirement that will undermine that been any spending reductions. There ratify a treaty, two-thirds of those universal respect which we all now rec- just hasn’t been inflation-adjusted present and voting decide the issue. If ognize. growth. That, we are told, isn’t a cut— 10 Senators are absent, a veto can be Perhaps we should consider adopting, it’s a freeze. overridden by 60 votes instead of the 67 as a Senate rule, the requirements on Since 1987, the dollar amounts avail- needed when there’s full attendance. If voting that are now embodied in the able to the Pentagon have remained 15 Senators are absent, we can ratify a measure. steady in nominal dollars—and that’s treaty with 57 votes. Let us see on a practical basis wheth- exactly what a freeze is. But when an absolute number of 60 er it makes sense to give a minority Since 1987, the number of Army divi- ‘‘yes’’ votes is needed, absent Mem- the right to block this year’s budget sions has fallen from 28 to 20, Air Force bers—Senators who don’t even show up resolution. fighter wings have fallen from 36 to 22, to vote—have the same power to affect If this is a good idea to impose on a the Navy fleet has been trimmed from the outcome as if they were present to Congress in which many of today’s 568 ships to 387, and the number of men cast a ‘‘no’’ vote. Members will not serve, let us consider and women in uniform has fallen from In addition, the proposal before us re- imposing it on this Congress, in which 2.2 million to 1.6 million. quires that a majority of the entire we are all serving. And if not, let us at The military has discovered that a body, not of those present and voting, least consider modifying this language freeze is not a freeze because resources is required for the approval of any rev- to more closely conform to the con- do not stay frozen. Instead, divisions enue increase and that such approval stitutional standards for voting on and fighter wings melt away. That is shall require a rollcall vote. other important legislation. S 1750 CONGRESSIONAL RECORD — SENATE January 30, 1995 In the present climate of contract-in- Price Index is in the process of being spending cuts that cannot be outlined, duced hysteria, I suppose many are reviewed in this fashion, and the proc- and prophecies of one disaster after an- ready to pledge their lives and sacred ess ought to be left alone. We do not other. We reinvented our Tax Code honor on their willingness to be need hopeful economic statistics. We with the 1986 Tax Reform Act. The 1986 present and vote for each and every need accurate ones. reform is not even a decade old, and cent of revenue that may ever be raised The thing supporters of this conven- it’s already being denounced by some in the unknowable future. ient theory do not want Americans to who voted for it. The Speaker of the But how strongly will new Con- remember is that if the value of the House says we must now scrap the in- gresses, not in the grip of hysteria, feel consumer price index were halved, the come tax and turn instead to a na- about this provision? indexing of tax deductions would also tional sales tax. I note that the House does not intend be halved. It is not surprising that Americans to apply this requirement as a House Today, because of the 1986 tax reform don’t know what to think or whom to rule when it considers the contract’s bill, the amount of income that is ex- trust. I doubt that anyone casting a tax cut bill. I wonder if that is because cluded from taxes rises along with the ballot last November thought he or she it is expected that bill will contain cost of living each year. had just voted to impose a national some revenue-raising offsets as well as If the Consumer Price Index is de- sales tax on themselves. Because of the spending cuts? valued, what you get is a backdoor tax speed with which these ideas flash in The proposal before us has little in hike. It will cause taxes to rise signifi- and out of the political spotlight, and the way of interpretative language. It cantly, compared to inflation. No sur- because each reappearance of an old is unclear what constitutes a revenue prise, the people paying the bulk of the discredited idea tricked out in brand- increase. If a tax benefit expires, for increased taxes will be working, mid- new slogans adds to the general confu- example, does that constitute a reve- dle-class people whose income comes sion, I have concluded that it is no nue increase within the meaning of from salaries and wages, not interest longer enough to establish a simple this language? Does it mean we cannot earnings and investments. constitutional command to balance the simply allow it to expire but must take I said at the outset that there is no budget. affirmative action to vote in favor of magic to balancing the budget. You do doing what an earlier Congress already it by cutting spending or increasing This time, I believe the American determined should be done? Would a revenues. Those who are relying on people have a right to know what it is taxpayer have standing to sue if a tax spending freezes or understated that we are proposing to do. So I have benefit expired without an affirmative consumer price indexes plan to use rev- introduced and, with the support of vote? enues. They just do not want to admit over 40 of my colleagues, will be fight- I hope this facet of the proposal can it. ing for, the Right to know Act, a reso- be clarified. I think Americans have a The reality is that, if we are going to lution whose adoption should precede right to know what this language balance the budget by 2002, we ought to passage of the constitutional balanced means. face up to the fact that it will be a dif- budget amendment. We are often told that if the average ficult process. It will be difficult, be- I had always hoped that if the Senate family can balance its budget, we cause it will mean asking people to ever were to undertake a debate on a ought to be able to balance the Federal give up services and benefits they are constitutional amendment to balance budget. I do not know how many Amer- used to receiving. the budget, our debate would be char- ican families pay for their houses with That is why I so strongly believe that acterized by seriousness and honesty, a single cash payment or buy their cars if we’re going to do this, people deserve not slogans and sound bites. cash down. I know that is not too com- to find out what is involved. I hoped that because it seems to me mon in South Dakota. The State officers who deal with that what the elected officials of Gov- Likewise, we are told the States bal- State budgets have produced estimates ernment say and do about the taxes ance their budgets each year, and so of the cost to every State of a balanced that citizens pay to Government is as the Federal Government should bal- Federal budget, based on the funds that important as anything we do. People ance its budget each year. States receive today from the Federal work hard for their wages. Families in But this is not true, either. States Government. Although the degree of my State of South Dakota do not earn balance their books each year. They do dependence on Federal benefits varies, the kinds of salaries that the aristoc- not balance their budgets. State debt on average, at least one-fifth of State racy of wealth here in Washington con- has, in fact, been rising. State debt budgets is now comprised of Federal siders normal. They deserve to have rose by $26 billion from 1991 to 1992—8 funds. their taxes taken seriously. percent. State debt has been rising be- These are the so-called ‘‘discre- That is why I am concerned about cause States are not balancing their tionary domestic spending’’ funds that the freeze hoax and the other issue— budgets. They are balancing their are the target of the freeze idea. They dodging that is going on around here. books. are the programs directly at risk if we It sounds too much like the stuff we That is what families with mort- decide to balance the budget by not have been hearing for years. gages, car payments, and credit card taking inflation into account and sim- It does not matter whether you quote debt to. It is what every business in the ply keeping all programs level in nomi- David Stockman, Reagan’s first Budget country does. nal dollars for the next 7 years. Director, who concluded, ‘‘After 4 Today, the only entity for which in- Some say the success of the Presi- years, I’m convinced a large share of vestment and operating costs are con- dent’s budget plan of 1993 means there the problem is us. By that I mean Re- sidered interchangeable is the Federal is no need to amend the Constitution. I publicans,’’ or you quote Ronald Government. That is something that would like to be able to agree. But the Reagan, who said, ‘‘This administra- deserves more attention than it has re- razor-thin, one-vote margins by which tion is committed to a balanced budget ceived so far. we succeeded in 1993 are a slender reed and we will fight to the last blow to Another popular idea floating about on which to rest our prosperity in the achieve it in 1984.’’ is that the Consumer Price Index so next century. The bottom line is that, when they greatly overstates the inflation rate At the same time, the deficit of had the power, they did not fight to cut that it could be taken at a third of its today and the politics of today are not the deficit. When President Clinton value, thus saving enormous amounts what they were in 1979, when I first proposed to cut the deficit, they of money. proposed a constitutional amendment fought, all right. They fought him. The only thing wrong with this is to balance the budget. I have tried to play by the rules. that is not true. It is wishful thinking. In the intervening years, we have That is why I began with a constitu- The measurement of all economic sta- been subjected to free-lunch promises, tional amendment to balance the budg- tistics undergoes a continuous process to tax hikes called ‘‘revenue enhance- et when I was first elected to Congress. of refinement, regardless of which po- ments’’ and ‘‘user fees,’’ to budgets But it seems that the rules keep chang- litical party is in power. The Consumer with magical asterisks that stand for ing. January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1751 When the President offers real cuts, Mr. HATCH addressed the Chair. The deficit is a result of the fact that fight him, misrepresent his program, The PRESIDING OFFICER. The Sen- it has become harder and harder to predict disaster, obstruct, vote no. ator from Utah. raise taxes but all too easy to increase Then, when you are proven wrong, PRIVILEGE OF THE FLOOR spending. stick to your guns. When you are asked Mr. HATCH. Mr. President, I ask The voters made themselves per- to be specific, duck the question. Say it unanimous consent that Laurence fectly clear on this matter last Novem- will not be too tough. Talk about a na- Block, Victor Cabral, Michael O’Neill, ber. To them, the deficit is not a result tional sales tax. Change the subject. Steven Schlesinger, and Elizabeth of the Government taxing too little. It That is not my idea of responsible Kessler, detailees, be granted floor is the result of Government spending legislating. privileges for the remainder of this cal- too much. That is a simple concept in- This year—again, no surprise—we endar year. stinctively grasped by our people but have the new House majority leader The PRESIDING OFFICER (Mr. until now has seemed beyond the reach announcing that he is not about to ASHCROFT). Without objection, it is so of Congress. present an honest accounting of what ordered. It is at this critical juncture that a you have to cut to balance the budget, Mrs. HUTCHISON. Mr. President, I balanced budget amendment would in- because, and I quote him directly, ‘‘The rise today to advocate passage of the ject the element of accountability into fact of the matter is that once Mem- balanced budget amendment, a meas- the process. It should be just as hard bers of Congress know exactly, chapter ure which will fundamentally change for the Government to borrow as it is and verse, the pain that the Govern- the direction our Government has for the Government to raise taxes. ment must live with in order to get a taken in the last 25 years. The balanced budget amendment balanced budget, their knees will buck- Mr. President, if the people of this would set up a tension in Congress le.’’ country said anything last November, when we deliberate over borrowing, He knows his membership better it is that we should change the course taxing, and spending. And we need that than I do. But none of us, including of this country. The most important tension, Mr. President. Other less dras- House Republicans, were sent here to thing we can do to show the American tic attempts to accomplish this change do the easy stuff. We were sent here to people that we heard their call and in attitude have failed. Gramm-Rud- do the work. We are being paid to do it, that we are acting on it is to pass this man was not allowed to function as its and it is about time we buckled down balanced budget amendment. authors had planned. Too much was ex- and did it. During the last 25 years, Congress empted from it. And every time its I have listened to much talk, on and has become desensitized to the enor- mandatory sequester treatment came off the Senate floor, for many years mity of the fiscal and moral harm its into play, Congress backed down. The now about the balanced budget. The habitual deficit spending is causing 1990 budget agreement did not hold longer I am here, the more obvious it is this country. Those of us who support water. We raised taxes, but real budget that those who talk the most act the the balanced budget amendment be- cuts never followed. least. lieve that, contrary to the thrust of Budget deficits are doing enormous That is why this year I say, no more. many arguments that we will be hear- harm. Aside from the selfishly short- I have had enough. We have heard the ing in the next few days, weeks, or sighted way in which we are treating evasions, the hypocrisies, the half- even months, budget deficits of this truths and all the rest. magnitude are not the norm. With the future generations, the impact of defi- I sincerely believe that people on exception of deficit spending during cit spending already has begun to sap both sides of the aisle truly want to wartime, this country grew to be the our economy. The Government is bor- achieve a meaningful way with which most powerful on Earth while enjoying rowing and spending money that would to accomplish a balance Federal budget increasingly high standards of living otherwise serve as capital needed for by the year 2002. This year, I say Amer- without spending excessively. economic growth and job creation. Our icans cannot accept simply our promise But during the last few decades, we standard of living no longer continues to do so. They cannot accept simply have accumulated a national debt of to rise in this country. our version of Trust us. Americans $4.4 trillion, nearly $18,000 for every Our parents used to think that it was have the right to know what this man, woman, and child in this country. a matter of course that their children means. They have a right to know how In fact, every child that is born today would have a better standard of living we will spell it out, how we will set it owes $18,000. That is not a birthright; than they did. That is no longer the out, how we will let the people share in that is a birth-wrong. Our per capita case. We are crippling the productive our decisionmaking. That is now up to debt has increased more than sevenfold engine of our society and cheating us. in the last 18 years. I do not think it is those who make it run. Wealth that What I propose is that we trigger the coincidence that at the same time should be available as seed corn for the reconciliation process, the process that there has arisen a crisis of confidence creation of new wealth and jobs is in- does not let a minority hold us hos- in the Government among many seg- stead being consumed. tage, and start now on how we might ments of our society. Opponents of the balanced budget go about reducing the deficit for the We have now become the largest amendment are now demanding that next 7 years. Let Members set the debtor nation in history, and a large its supporters first reveal exactly how budget path to a balanced Federal portion of that debt is held by foreign they plan to balance the budget. I budget by the year 2002. That is the interests. We have mortgaged our chil- would ask instead, when were the heart of the right-to-know amendment. dren’s future in the very way Thomas American people ever told precisely It is not just hot air or empty talk Jefferson feared and warned us about how they would be driven into a $4.4 about people’s knees buckling. 200 years ago. trillion debt? I want to know and the American He said: Did we ask the American people people ought to know what all this The question whether one generation has every time we forced them into this talk means. If they cannot answer that the right to bind another by the deficit it drastic debt? Was it explained to them imposes is a question of such consequence as that the Government was imposing question for the American people, they to place it among the fundamental principles cannot answer it for me or anyone else. of government. We should consider ourselves such a burden on their children and So today, let the Senate begin this de- unauthorized to saddle posterity with our grandchildren? How does every other bate with high expectations, with a re- debts and morally bound to pay them our- government entity in America except alization that we cannot fail, with ap- selves. Congress manage to write a balanced preciation of what we must do to make Since the beginning of our slide down budget? this an honest debate. Let Senators the slippery slope of deficit spending 25 They determine what they have to make an informed judgment, and let years ago, it has become more and spend, and then they set their spending Senators let the American people be a more evident that the problem is due priorities. That is how they do it. They part of it. in part to an inherent weakness in the set a balanced budget and then they With that, I yield the floor. way Congress goes about its business. say, OK, that is what we have to spend. S 1752 CONGRESSIONAL RECORD — SENATE January 30, 1995 Here is how we are going to do it. They Mr. President, I thank the Senator require or to encourage balanced budg- figure it out. from Utah, who is leading the charge ets and, if so, how. Every business, every household, for this balanced budget amendment. I hope to have a number of occasions every city, every county, and every We must pass this constitutional on which to speak on this amendment, State government in America does it. amendment so that Congress can no but in this first try, rather than to out- There is only one entity in this coun- longer, by majority vote, encumber our line what is in it or even to deal with try that does not have a balanced budg- children and future generations with the important reasons for its passage et and continues to function, and that what we want to spend today as a mat- which have already been explained has been the Congress of the United ter of convenience. with considerable eloquence by pre- States. I thank the Chair. I yield the floor. vious speakers this afternoon, I would Mr. President, this is the budget of Mr. HATCH. Mr. President, I thank like to share a few observations on the Henderson, TX. It is a lot of computer the distinguished Senator from Texas nature of the debate on which we are pages. Henderson is a town of 11,000 for her excellent remarks and for her embarking. people. They are very proud that they valiant efforts in trying to pass a bal- First, we will be faced with a demand have a balanced budget. That is why anced budget amendment. Without during the course of this debate that they put this sign on the front of their people like Senator HUTCHISON, I do its proponents outline precisely and budget. not think we would be as far along as specifically, perhaps even to the extent The balanced budget for Henderson, we are. of a specific bill with various manda- TX, is $8 million; one-quarter of this I have to say, when she arrived in the tory requirements included in it how a budget is from unfunded Federal man- Congress, it gave a lot of us hope that balanced budget will be reached by the dates. So 11,139 people in the city of we might be able to get this far. Now year 2002. And during the course of that Henderson, TX, have to split $2 million we have to see that we get far enough debate, what is likely to be obscured of unfunded mandates to pay for it—$2 to pass the balanced budget amend- will be the alternatives to this con- million extra over 11,000 people. ment by the requisite, at least 67, votes stitutional amendment. Mr. President, I am pleased that this in the Senate. That is not easy to do, It seems to me—and I stand to be Congress has made some progress on but we are going to be about doing it corrected by my good friend from Utah unfunded mandates. But as we proceed and going to do everything we can. if he has any addition to this group— that Members of the Senate will be di- to give relief to the people of Hender- Thanks to our distinguished friend vided essentially into three groups dur- son, TX, and cities like it all across from Texas for the work she is doing in ing the course of this debate. America, I hope we are also going to trying to help bring this about. First is that group represented by the learn a lesson from cities that know I suggest the absence of a quorum. Senator from Utah himself and the how to balance their budget. The city The PRESIDING OFFICER. The other sponsors, which will include council says to itself, we have $8 mil- clerk will call the roll. those Members who feel that it is vi- lion in revenue, and we are going to The legislative clerk proceeded to tally important for the future of this spend no more than $8 million. call the roll. country that the budget of the United Many of the strongest voices being Mr. HATCH. Mr. President, I ask States, in most years, absent emer- raised in opposition to this measure unanimous consent that the order for are the very ones, Mr. President, who gencies, be balanced; that a continu- the quorum call be rescinded. are afraid that the balanced budget ation of the fiscal policies of the past, The PRESIDING OFFICER. Without will work. They are unwilling to make not just the recent past but almost the objection, it is so ordered. the hard choices it will force on those entire past since the end of World War Mr. HATCH. Mr. President, I would in Congress. I can understand their re- II, of increasing budget deficits, of like to compliment the distinguished luctance even if I do not sympathize passing on a greater and greater debt Senator from Idaho, Senator CRAIG, with it. In fact, the harm we are caus- to our children and grandchildren must and, of course, our friend and col- ing with continued deficit spending is be brought to an end and are unlikely league, the President pro tempore of precisely the kind of Government folly to be brought to an end by any course the Senate, Senator THURMOND, for the which the Constitution ought to pre- of action less drastic than certain con- excellent remarks they made earlier in vent. We ought to prevent it in the stitutional requirements. I believe, and Constitution, and that is what we are the day. I am sure my friend from Utah joins trying to do today. When I think of Senator THURMOND, I me in this belief, that a significant ma- I would like to close my remarks think of 40 years here in the U.S. Sen- jority of the Members of this body hold with another warning from Thomas ate, 38 of which have been spent trying to that belief. Jefferson. He saw all too well the po- to pass a balanced budget amendment. The other two groups are less likely, tential for tragedy if the young Repub- If we do finally pass this amendment it seems to me, to speak candidly and lic were to taste the forbidden fruit of through the Senate in the exact form directly to their fundamental philoso- borrowing against its future. He said: that the House sent it over, I think phies, but I suspect that there are some Senator THURMOND will deserve a great There does not exist an engine so corrup- Members of this body who believe that tive of the Government and so demoralizing deal of credit for all of his work it is important to reach a balanced of the Nation as a public debt. It will bring through all of those years. budget but that we should try some us more ruin at home than all the enemies I also would like to praise Senator method other than a constitutional from abroad. CRAIG for his excellent work. He is one amendment by which to attain that Mr. President, he could say those of the leaders on this bill. He has been goal. I can speak rather fervently with words today, and it would be even more ever since he was the leader in the respect to that group because 10 years fitting. House. He does an awful lot of the co- ago that was the group to which I be- Now, I do not think that Thomas Jef- ordination and the work behind the longed. I voted against predecessor pro- ferson and the other Founding Fathers scenes to see that we all get where we posals of this nature on the basis that could ever have dreamed of a $4.4 tril- want to be. the Congress itself should act respon- lion debt, but I will say this. Had they Mr. President, I yield the floor to my sibly enough to balance the budget known that this was possible, I think distinguished friend and colleague from without the constraints of a constitu- they would have taken steps to prevent Washington. tional amendment. And in fact, I it in the Constitution. The PRESIDING OFFICER. The Sen- played some minor role in the passage I think it is incumbent upon us to ator from Washington. of the Gramm-Rudman Act in the mid say to the future generations of our Mr. GORTON. Mr. President, we are, 1980’s, which was a statutory attempt country we are going to take the steps of course, at the outset of a debate on to reach the goal now sought by this that will assure that every child born a profound and important issue to the constitutional amendment. And in in this country will not be born with an future of the United States, a debate fact, Gramm-Rudman for 2 or 3 years $18,000 debt hanging over his or her on the Constitution itself and on was effective, at least in leading to head. whether or not it should be amended to smaller deficits. January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1753 But once the requirements of tions and increases in the deficit to are doing business. I believe they want Gramm-Rudman required real sac- $200, $250, $300, $350, $400 billion a year imposed on us constraints that are, by rifice, real spending cuts, Gramm-Rud- by and after the turn of the century. their very nature, imposed on them in man was effectively abandoned by the So there really are no easy answers. their daily lives, on their families, on Congress and budget deficits once You either believe that a balanced them as individuals, and are imposed again increased. As a consequence, it is budget is a socially desirable goal, a by the very fact we control the money my perspective, at least, that a statu- goal worth sacrificing for, or you do supply on our local governments and tory approach, a year-by-year approach not. If you do not, you ought to be will- on our State governments, which now simply will not result in our reaching a ing to say, expressly, that you do not, must balance their budgets. goal of a balanced budget. that it simply is not as important. I am convinced that the vast major- I hope, however, that if there are That it is more important to carry on ity of the American people want im- Members of this body who stand for a with present spending policies than it posed on us those individual and local balanced budget but against this con- is to balance the budget. and State government constraints stitutional amendment, they will I believe that this grouping of three which have been a part of their lives as clearly and emphatically say this is even applies to those who believe in a long as any of them or us have been their goal, and since they are asking balanced budget but believe that it around, and that the real debate here is for a particular, specific blueprint of should be attained not primarily or ex- between the status quo and a different how we should reach that goal under clusively by cutting spending but pri- way of doing business. I believe that the constitutional amendment, those marily or exclusively by increasing tax those who are promoting this constitu- Members should share with us their rates. It is certainly appropriate for a tional amendment are not satisfied viewpoint of when and how they be- Member here to vote for this constitu- with the record of Congress for years, lieve we should balance the budget tional amendment on the basis that he for decades, and want a new and dif- without the constraints of this amend- or she will increase taxes to reach ferent way of doing business. ment. those goals in the year 2002 as it is to One point which I think is often over- To this point, Mr. President, while I hold the opposite point of view, that looked is to a certain extent even the have heard many pious statements the goal should be reached by reduc- title balanced budget amendment is in about the necessity for fiscal respon- tions in spending, if those Members are part a misnomer. This constitutional sibility on the part of opponents to this willing to stand up and say this is the amendment, when it is in full force and amendment, not one, to the best of my way, if my ideas are in power, I will effect, will not mandate a balanced ability to judge, either inside this body reach that goal. budget in any given year or over a pe- or outside this body, has told us how In fact, I believe that to be the best riod of years. It will, however, make we reach that goal without this con- argument, the overwhelming argu- unbalanced budgets much more dif- straint. ment, against anyone attempting to ficult to pass in the future. It will re- The third group, and I believe firmly provide a 7- or 8-year blueprint today quire, to pass an unbalanced budget, that this group of Members will em- on the way in which a balanced budget that the affirmative votes of 60 percent body the great bulk of those who will will be reached. This Congress can bind of the Members of this body and of the vote against the constitutional amend- this Congress, that is the next 2 years. House of Representatives must be se- ment in any event and the great bulk It cannot bind the Congress which will cured. That is to say under most cir- of those who will set up the smoke- take office in 1997 or in 1999 or in the cumstances—under all circumstances, screen that we must set out exactly year 2001. In fact, if we were to pass an for the better part of the last two dec- the road by which we are going to express blueprint it would undoubtedly ades—it will require a bipartisan ma- reach this constitutional amendment, be changed by each of those Con- jority to create an unbalanced budget. Mr. President, I believe the great bulk gresses. If those of a liberal persuasion It will not be something which takes of those Members do not believe a bal- who are today in the minority once place as a result of a narrow partisan anced budget either to be a desirable again take over a majority and operate party-line vote. It will require the goal for the United States of America under the constraints of this constitu- thoughts and the assent of Members of or at least, if it is a goal, it is only a tional amendment, they may very well both major political parties in the secondary or tertiary one that does not decide to reach its goals by increasing country and, therefore, almost auto- amount to much and is not nearly as taxes on the American people over the matically will be accomplished in a important as the spending programs objection of those of us who do not be- more thoughtful and broadminded fash- which they advocate increasing or pro- lieve that is the way to go. If so, let ion when it is accomplished. tecting from reductions. And, as far as them say so. Let them give us their It will also, however, greatly con- I can tell, the debate, at least in this blueprint for reaching the goals which strain the ability of Members to begin body among its 100 Members, will di- are set by this constitutional amend- new, unfunded spending programs. And vide all of us among those three groups ment itself. that is its goal. When there is a crisis, and among no others. It seems to me, therefore, that this is however, it will be possible by that 60 I predict that the great majority— the argument. Does one believe, percent majority vote to make an ex- not all, the great majority of those against all history, that a balanced ception and not to balance the budget. who want this blueprint want this budget is a desirable goal, a vitally im- It is a flexible and not a rigid constitu- blueprint not to guide us to a balanced portant goal, but that we can do it by tional amendment. budget but to buttress their arguments engaging in business as usual? Does My final thought in these opening re- that we never should balance the budg- one believe that it is not a goal at all? marks is that I firmly believe that the et under any circumstances, that the Does one, as many will on the liberal men who wrote our Constitution in 1787 pain is simply too great and that for side of this body, believe that business would have included a supermajority one reason or another, at least during as usual is just fine and we should go requirement themselves if they had our careers, we can continue to put on on in the future in exactly the way we been able to foresee the dynamics of the cuff $150 billion, $200 billion, $400 have gone on in the past, spending politics in the late 20th century. billion a year. more money than we take in, passing How many people asking for action We have in this liberal administra- new programs that are not paid for? by the Government who come into tion great pride expressed as recently Let them stand up eloquently and firm- your office come into that office ask- as last week in the State of the Union ly for the status quo. But I do not be- ing for financial restraint, for general Address, over the reduction in budget lieve the status quo, either with re- responsibility? How many in compari- deficits during the course of the last 2 spect to the Constitution or promises son with those who come into your of- or 3 years. We are rarely told, and then that Congress will somehow automati- fice asking for a favor from the Federal only in footnotes or in the back pages cally act differently in the future than Government, an appropriation, the pro- of long dusty dry documents, that cur- it has in the past, are what the people tection of an existing program, an in- rent policies will result in a turn- of this country want. I think they want crease in an existing program, or the around of those budgeted deficit reduc- us to change the very way in which we creation of a new one? One to two? S 1754 CONGRESSIONAL RECORD — SENATE January 30, 1995 Probably not that many. This is not to The PRESIDING OFFICER. The Sen- mentum, submit approval of this im- criticize those who come to us asking ator from Alabama. portant amendment to the States, and us to support one of the thousands of A BALANCED BUDGET AMENDMENT TO THE finally put into place a mechanism by programs financed by the Federal Gov- CONSTITUTION which our economic health will no ernment. In many cases, in almost all Mr. HEFLIN. Mr. President, I rise longer be subject to the shifting cur- cases, these are sincere, hardworking, today as an original cosponsor and rents of the day. We will know, first and dedicated citizens to a certain end strong supporter of the resolution call- and foremost, that our budget prior- and the programs for which they ask, ing for a constitutional amendment ities must be formulated under the dic- the program they support, has genuine mandating a balanced budget. It ap- tates of our cherished Constitution. positive social ends. They may not be pears that in the next few days, the This amendment will provide the teeth well administered, but the goal which Senate will get still another oppor- we need to balance the Federal budget. they seek is a good one. Therefore, it is tunity to demonstrate to the American Since coming to the Senate, I have easier for Members to say yes than it is public that we are serious about deficit supported and advocated a balanced to say no, and infinitely easier when reduction and economic stability. The budget amendment to the Constitu- we can put the costs on the cut, when 300 to 132 bipartisan vote in the House tion. It was the first piece of legisla- we do not have to cut something else, of Representatives on January 26—12 tion I introduced as a first-term Sen- when we do not have to increase taxes, more than what was needed—gives this ator in 1979, Since then, the first bill I when we can just borrow for that pro- resolution momentum that we cannot have introduced at the beginning of gram. ignore. each new Congress—including the This supermajority requirement will I think that the momentum is also 104th—has been the balanced budget make that decision on our part some- given by the selection of this resolu- amendment. what more difficult because we will be tion to be labeled—No. 1. It shows that Passage of this legislation has come unable to say yes unless we are willing this is a top priority of this Congress. close before. During the 97th Congress, to vote for more taxes at the same Additional momentum has been given a measure was passed with 69 votes in time or find a better program which to the consideration of this resolution the Senate, but failed to garner the can be cut at the same time. And it by the fact that the Judiciary Commit- two-thirds necessary in the House of tee has moved rapidly and in an un- Representatives. In the 99th Congress, will provide a balance between the spe- precedented manner to bring this reso- after extended debate, passage in the cial interests, the specific interests of lution to the floor of the Senate. Addi- Senate failed by only one vote. Just 1 the individuals who lobby us and the tional momentum was given in that year ago, the Senate narrowly defeated general interests in a responsible and the staff worked diligently to report this legislation by a vote of 63 to 37, fiscally sound Federal Government this bill with a written report in just a only 4 short of the 67 required for pas- which is I believe exactly the balance matter of a few short days. sage. that the Founding Fathers wished I congratulate Chairman HATCH for I believe that it would have passed at when they created the Constitution in his leadership in giving this momen- that time, if the House had not pre- the first place without any ability to tum to bring forward to the Senate vious to that voted not to pass the res- predict the way in which we commu- this very important resolution. olution. nicate and deal with issues like this When Congress passed the largest Now, in the 104th Congress, we have today. deficit-reduction package in history in seen a series of political and fiscal de- So in the finest sense of the word this August 1993, It was a clear signal that velopments that make the chances of constitutional amendment is a con- most Members have finally come to passage greater than at any other servative move. It desires to conserve terms with the reality that something time. The overwhelming vote in the what is best in our country and in its must be done to bring our national House on January 26 gave the amend- Government and its governmental pro- debt and yearly deficits under control. ment even greater momentum. The grams. It will make us more respon- While this legislation was an impor- ever-increasing concern to do some- sible. It will require us to weigh one de- tant first step in the long road toward thing about the deficit is intense. Our sirable program against another in a a balanced budget, it was just that: a national debt is on the mind of every far better and more evenhanded fashion first step. person who thinks about America’s fu- than we were able to do in the past. We know that reducing the deficit is ture. As we go through this debate, Mr. important in the short term. But if we For much of our history, a balanced President, I hope those who are watch- are going to ensure a stable economic budget at the national level of Govern- ing it across the country will remem- future for our children and grand- ment was a part of our ‘‘unwritten con- ber that there are really only three children, these deficits must be com- stitution.’’ A balanced or surplus budg- points of view being expressed here no pletely eliminated in the long term. et was the norm for the first 100 years matter how eloquent or how well those That is precisely the goal of this reso- of the republic. In recent decades, how- views are given. One is a balanced lution to add a balanced budget amend- ever, Americans have witnessed a con- budget is not a particularly good idea. ment to the Constitution. tinuing cycle of deficits, taxes, and We do not need it. The status quo is I do not take amending the Constitu- spending. And neither political party just fine. The way this country has tion lightly. I wish that the U.S. Con- has a monopoly on virtue here: these been run in the past is just fine, and we gress had the discipline as an institu- fiscal policies have been pursued with just need more of the same thing. tion to take the steps necessary on our equal fervor by Republicans and Demo- No. 2 is, yes, a balanced budget is a own to eliminate the deficit without crats. good idea but there are easier ways to having to resort to such drastic action. I have used the Thomas Jefferson get to it, less painful ways to get to it But as we all know, that fiscal dis- quote on budget deficits before during than to do it through the Constitution cipline and will power simply are not debates on this amendment, but it is of the United States. Those people need there. We tried it with the Gramm- worth mentioning again. He warned, to explain to us how it is they can do Rudman-Hollings approach and we had ‘‘The public debt is the greatest of dan- in the future what they have been un- to give in, at least some gave in regard gers to be feared by a republican gov- able or unwilling to do in the past. to that. The bottom line is clear: Fis- ernment.’’ Over the course of time, we The third is we need to do things dif- cal responsibility should and must be have lost sight of Jefferson’s warning. ferently. We need to make changes in dictated by the Constitution. Some argue that if we possessed and this country. We need to require the Congress has made attempts in the practiced stronger discipline as a legis- Congress of the United States to act in past to bring the budget under control, lative body, then such an amendment a fiscally responsible fashion. Those only to see them compromised away would be unnecessary. As I said before, who hold that point of view will be sup- when the momentum shifted to an- I do not dispute that sentiment, only porting this constitutional amend- other issue, or another crisis. We have its reality. The last balanced budget we ment. the momentum on our side once again. had was under President Lyndon John- Mr. HEFLIN addressed the Chair. It is important that we seize that mo- son. The last 18 years or so indicate January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1755 that the problem goes much deeper highway and perhaps provide other in- those is getting a percentage of the than individual and collective resolve. come and enrich programming in pub- program revenues. Presently we have a Rather, it is the institutional structure lic broadcasting in the United States. lot of people making a lot of money of Government that encourages short- Last Friday, I had a fascinating con- from public broadcasting while the tax- term responses to problems instead of a versation with Glen Jones, of Jones payers don’t share the wealth. focus on the greater good and the fu- Intercable of Colorado. He is privately Also, Mr. President, the corporation ture. providing educational materials and has to look at its distribution of funds. There is no doubt about what our re- educational programming across the I do not think my State of South Da- sponsibilities as national leaders are. United States and around the world. He kota gets a very good deal, very frank- There is also no question as to what wants to expand upon this and finds it ly. Much is made of $1.7 million in Fed- the American people want and deserve. is a very marketable and useful thing eral funds that is sent to South Da- There is a question as to whether the to do for public service, as well as in kota. But the State legislature, indi- Congress will respond affirmatively by terms of promoting his own company. vidual contributors, and corporate accepting this challenge. We have the In addition, there are many privately grants provide an overwhelming major- momentum and the opportunity to fi- run cable channels elsewhere which are ity of the funding. nally stop mortgaging the future and making a great contribution in terms If we take a look at where some of saddling our children with unconscion- of quality educational programming. the money goes, one station in New able debts. Nickelodeon is making a great con- York gets about $20 million from Fed- I look forward to the debate in the tribution to children’s programming eral taxpayers. That is not the State of coming days. I hope we will find the and is even marketing children’s pro- New York, that is one station. That strength and determination to do what gramming in France. The Learning station has executives earning between we know must be done in order to re- Channel, the History Channel, Arts and $200,000 and $400,000 a year. store our economic health. Entertainment, the Disney Channel, We have the so-called Children’s Tel- Mr. President, I yield the floor and I and many more, are providing good evision Workshop, which has, as Sen- suggest the absence of a quorum. programming with which our public TV ator DOLE has pointed out on this floor, The PRESIDING OFFICER. The friends could interact and could paid salaries of between $400,000 and clerk will call the roll. achieve a great deal of income in some $600,000 a year. Those are taxpayers The bill clerk proceeded to call the cases. funds. roll. Earlier, I observed on this floor that ‘‘Well,’’ they say, ‘‘we take that Mr. PRESSLER. Mr. President, I ask we could privatize the Corporation for money out of what is contributed.’’ But unanimous consent that the order for Public Broadcasting and other entities it all comes out of the same pot. the quorum call be rescinded. in public broadcasting; that if a private Now, I am not against people getting The PRESIDING OFFICER. Without company would take a percentage of rich. I am not against people in the pri- objection, it is so ordered. the program rights that the Corpora- vate sector getting high salaries, but f tion for Public Broadcasting, the Pub- these folks wrap themselves in the lic Broadcasting Service or National cloak of public service. They wrap THE CORPORATION FOR PUBLIC Public Radio just give away, it would themselves in the clothes of one serv- BROADCASTING more than replenish the $300 million a ing the public and then collect tax- Mr. PRESSLER. Mr. President, I year that the Congress gives the Cor- payers’ money. Meanwhile, our States have spoken critically of the Corpora- poration for Public Broadcasting. That that are told, ‘‘You are so lucky to get tion for Public Broadcasting and the has been verified by many corporate $1.7 million, you are so lucky, you whole system of public broadcasting leaders who have told me they would should be so grateful.’’ with which it is associated on this floor like to buy public broadcasting entities If you really look into it, most of the on some occasions, but I would like to or they would like to participate in money is going to a small public broad- compliment CPB for something its partnerships for public broadcasting. casting clique—an east coast and in- board did last week. These private sector leaders assured side-the-beltway gang. The board decided to begin to require me they would accept conditions re- I think the board of the Corporation that the CPB will receive a percentage quiring preservation of a certain for Public Broadcasting acted correctly of income from sales exceeding $25,000 amount of rural service or small city the other day when it voted to start of toys, books, clothing, and other service or children’s programming. getting a percentage of profits from the products related to shows funded by I have compared the situation to a programs and related products. They the CPB. I hope that this will begin im- local telephone company which is a should have done it long ago. I do not mediately to substitute for taxpayers’ private company but which has public think they would have done it if it payments to the Corporation for Public service requirements such as universal were not for the pressure from people Broadcasting. telephone service. such as myself on the Senate floor and Mr. President, I have been one who So, Mr. President, I think it is very elsewhere. The taxpayers should get has advocated reinventing or possibly appropriate that we should be working some relief. I am going to make sure privatizing the Corporation for Public on reinventing and privatizing the Cor- they do. Broadcasting. That means the corpora- poration for Public Broadcasting and There was a 1981-to-1984 study about tion here in Washington, DC. Each public broadcasting in general. The privatizing public broadcasting and State has its State public broadcasting Vice President, after all, asks that getting revenue from more commercial system and a lot of them do a great Government be reinvented and that we advertising. Make no mistake about it, deal of good in terms of education, and try to privatize certain agencies. there are ads today on public radio and in terms of providing unique program- But I would strongly disagree with television. Granted, they are called by ming. those who say we are trying to kill the code word, ‘‘underwriting,’’ but Indeed, it is my opinion that public Barney or we are trying to kill chil- they are ads just the same. This study broadcasting in South Dakota would be dren’s programming. That is just not found that the viewers were not of- better off under a privatized or a true. Or that we are trying to kill indi- fended by having ads at the beginning reinvented system of public broadcast- vidual States’ public broadcast pro- and end of programming or even more ing. grams. That is simply not true. What extensive ads. This is one source of rev- I also want to commend the Corpora- we are trying to do is to be inventive. enue. tion for Public Broadcasting in that We are facing a budgetary crisis of There are the programming rights. the executives, I understand, are start- profound proportions. Let’s face it: the That is another source of revenue. ing some meetings with at least one re- Corporation for Public Broadcasting There is the chance to interact with gional Bell operating company. I hope most likely at least will receive a cut. the information highway. That is still they meet with several cable compa- We are in a situation where I think another potential source of revenue. nies and others to see how they can they would be grateful for ideas on how So, I think the public broadcasting ex- interact with the information super- they could make more money. One of ecutives should be creative in going S 1756 CONGRESSIONAL RECORD — SENATE January 30, 1995 out and finding new sources of revenue channels will be shut off if this group ernment in the United States or in the and new sources of opportunity and, here in Washington, DC, does not get possession or control of U.S. persons also, new sources of material. their Federal money. That is not true. are blocked. I have been troubled by the fact that That is not true at all. In fact, my 2. There has been one amendment to I think taxpayers’ money is being used State may well be better off in a the Libyan Sanctions Regulations, 31 to lobby for more taxpayers’ money. reinvented or privatized system of pub- C.F.R. Part 550 (the ‘‘Regulations’’), There is a nationwide grassroots pro- lic broadcasting. That is true of most administered by the Office of Foreign gram to contact your Congressman to States. Assets Control (FAC) of the Depart- be sure to continue full funding for the Again, I congratulate the CPB board ment of the Treasury, since my last re- Corporation for Public Broadcasting. for doing what they should have done port on July 18, 1994. The amendment This is being done, in part, with Fed- long ago, getting a percentage of the (59 Fed. Reg. 51106, October 7, 1994) eral money, in my opinion. If you ask, program and product profits. That will identified Arab Hellenic Bank (AHB), they say, these are our affiliates doing provide them with a good deal of reve- an Athens-based financial institution, 4 this and they are doing it with money nue. It might provide more revenue other entities, and 10 individuals as that is contributed in these beg-a- than they have ever gotten from the Specially Designated Nationals (SDNs) thons, money being contributed pri- Federal Government, and that would of Libya. (In addition to the recent vately. But the contributors are not not bother me a bit. I hope they con- SDN action against AHB, the Greek told that. They are told this is listener- tinue to make such steps. central bank has recently announced I hope public broadcasting executives supported radio and TV. They are not that AHB’s banking license has been have many meetings with the compa- told part of their money will be used to revoked.) Included among the individ- nies that are on the information super- lobby for Federal money. They should uals are three Italian shareholders in highway, ranging from local telephone be told, ‘‘This is a taxpayer-supported Oilinvest (Netherlands) B.V., who in- companies to cable companies to long channel. We get some private contribu- creased their positions in the Libyan distance companies to computer com- tions but much of it is taxpayer sup- government-controlled firm shortly be- ported, both State and Federal.’’ There panies, to see what interrelation there can be. fore United Nations Security Council should be honesty in these beg-a-thons. Resolution (UNSCR) 883 directed a But, also, let us be very careful about Finally, I would like to know what is freeze on certain Libyan assets owned this business of lobbying for more Fed- public broadcasting’s own plan to or controlled by the Government or eral money with Federal money. Here reinvent itself? So far it seems only to public authorities of Libya. we have a very sophisticated group be to get more Federal money, to stay Pursuant to section 550.304(a) of the concentrated in Boston, New York, and just as things are, not to make any Regulations, FAC has determined that Washington, DC, that is doing so. They changes, and of course to be the self- these entities and individuals des- are not saying, ‘‘Senator PRESSLER appointed arbiters of American cul- ignated as SDNs are owned or con- wants to keep public radio and TV at ture. But I am asking them to roll up trolled by, or acting or purporting to the State level.’’ They are saying, their sleeves, get out, listen to a few act directly or indirectly on behalf of, ‘‘Anybody who wants to change any- people, and not expect increases in the Government of Libya, or are agen- thing is trying to kill public radio and Federal funding because it will not be TV.’’ coming. cies, instrumentalities, or entities of I submit that public broadcasting Mr. President, I yield the floor. I that government. By virtue of this de- will be stronger when it is reinvented thank the chairman for allowing me to termination, all property and interests and privatized. I submit that the entire speak at this point. in property of these entities or persons public broadcasting system has become f that are in the United States or in the bureaucratic, inefficient, and wasteful. possession or control of U.S. persons REPORT RELATIVE TO THE NA- are blocked. Further, U.S. persons are Taxpayers around the country would TIONAL EMERGENCY WITH RE- be amazed at how much money is being prohibited from engaging in trans- SPECT TO LIBYA—MESSAGE actions with these individuals or enti- wasted. FROM THE PRESIDENT—PM 5 The 20th Century Fund did a study in ties unless the transactions are li- which they found that 75 cents of every The PRESIDING OFFICER laid be- censed by FAC. The designations were $1 in public TV is spent on overhead. fore the Senate the following message made in consultation with the Depart- That has not been rebutted. So those from the President of the United ment of State and announced by FAC who serve on the oversight commit- States, together with an accompanying in notices issued on June 17 and July 22 tees—and I chair the Commerce Com- report; which was referred to the Com- and 25, 1994. A copy of the amendment mittee, which has a duty to conduct mittee on Banking, Housing, and is attached to this report. oversight over the Corporation for Pub- Urban Affairs: 3. During the current 6-month period, lic Broadcasting—it is our job to dig To the Congress of the United States: FAC made numerous decisions with re- into things, to make suggestions, I hereby report to the Congress on spect to applications for licenses to en- maybe to take some heat. But it is not the developments since my last report gage in transactions under the Regula- the job of the Corporation for Public of July 18, 1994, concerning the na- tions, issuing 136 licensing determina- Broadcasting and the other public tional emergency with respect to Libya tions—both approvals and denials. Con- broadcasting entities to put false infor- that was declared in Executive Order sistent with FAC’s ongoing scrutiny of mation out across the country. They No. 12543 of January 7, 1986. This report banking transactions, the largest cat- are wrong when they say that people is submitted pursuant to section 401(c) egory of license approvals (73) con- who are required to make budget cuts of the National Emergencies Act, 50 cerned requests by non-Libyan persons and suggest ways to reinvent the sys- U.S.C. 1641(c); section 204(c) of the or entities to unblock bank accounts tem are trying to kill local public International Emergency Economic initially blocked because of an appar- broadcasting. That is not the case. Powers Act (IEEPA), 50 U.S.C. 1703(c); ent Government of Libya interest. The There was local public broadcasting and section 505(c) of the International largest category of denials (41) was for before the Corporation for Public Security and Development Cooperation banking transactions in which FAC Broadcasting and its glut of Federal Act of 1985, 22 U.S.C. 2349aa–9(c). found a Government of Libya interest. funding ever came along. In fact, some 1. On December 22, 1994, I renewed for Three licenses were issued authorizing people feel we would have a stronger another year the national emergency intellectual property protection in set of local public stations had the na- with respect to Libya pursuant to Libya. tional Corporation for Public Broad- IEEPA. This renewal extended the cur- In addition, FAC issued eight deter- casting never been created in 1967. rent comprehensive financial and trade minations with respect to applications We should think about that. Here we embargo against Libya in effect since from attorneys to receive fees and re- have a very intelligent, sophisticated, 1986. Under these sanctions, all trade imbursement of expenses for provision lobbying campaign that has people with Libya is prohibited, and all assets of legal services to the Government of scared that their public broadcasting owned or controlled by the Libyan gov- Libya in connection with wrongful January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1757 death civil actions arising from the tion, during the period FAC hosted or To the Congress of the United States: Pan Am 103 bombing. Civil suits have attended several bilateral and multi- In accordance with the requirements been filed in the U.S. District Court for lateral meetings with foreign sanctions of section 809 of the Housing and Com- the District of Columbia and in the authorities, as well as with private in- munity Development Act of 1974, as Southern District of New York. Rep- stitutions, to consult on issues of mu- amended (12 U.S.C. 1701j–2(j)), I trans- resentation of the Government of tual interest and to encourage strict mit herewith the annual report of the Libya when named as a defendant in or adherence to the U.N.-mandated sanc- National Institute of Building Sciences otherwise made a party to domestic tions. for fiscal year 1993. U.S. legal proceedings is authorized by 5. The expenses incurred by the Fed- WILLIAM J. CLINTON. section 550.517(b)(2) of the Regulations eral Government in the 6-month period THE WHITE HOUSE, January 30, 1995. under certain conditions. from July 7, 1994, through January 6, 4. During the current 6-month period, 1995, that are directly attributable to f FAC continued to emphasize to the the exercise of powers and authorities REPORT OF THE ADMINISTRATION international banking community in conferred by the declaration of the Lib- OF THE RADIATION CONTROL the United States the importance of yan national emergency are estimated FOR HEALTH AND SAFETY ACT identifying and blocking payments at approximately $1.4 million. Person- OF 1968 FOR CALENDAR YEAR made by or on behalf of Libya. The nel costs were largely centered in the 1993—MESSAGE FROM THE PRESI- FAC worked closely with the banks to Department of the Treasury (particu- DENT—PM 7 implement new interdiction software larly in the Office of Foreign Assets systems to identify such payments. As Control, the Office of the General The PRESIDING OFFICER laid be- a result, during the reporting period, Counsel, and the U.S. Customs Serv- fore the Senate the following message more than 210 transactions involving ice), the Department of State, and the from the President of the United Libya, totaling more than $14.8 mil- Department of Commerce. States, together with an accompanying lion, were blocked. As of December 9, 6. The policies and actions of the report; which was referred to the Com- 1994, 13 of these transactions had been Government of Libya continue to pose mittee on Labor and Human Resources. licensed to be released, leaving a net an unusual and extraordinary threat to amount of more than $14.5 million To the Congress of the United States: the national security and foreign pol- In accordance with section 540 of the blocked. icy of the United States. In adopting Since my last report, FAC collected Federal Food, Drug, and Cosmetic Act UNSCR 883 in November 1993, the Secu- (21 U.S.C. 360qq) (previously section 15 civil monetary penalties totaling rity Council determined that the con- more than $76,000 for violations of the 360D of the Public Health Service Act), tinued failure of the Government of I am submitting the report of the De- U.S. sanctions against Libya. Nine of Libya to demonstrate by concrete ac- the violations involved the failure of partment of Health and Human Serv- tions its renunciation of terrorism, and ices regarding the administration of banks to block funds transfers to Liby- in particular its continued failure to an-owned or -controlled banks. Two the Radiation Control for Health and respond fully and effectively to the re- Safety Act of 1968 during calendar year other penalties were received for cor- quests and decisions of the Security porate export violations. Four addi- 1993. Council in UNSCRs 731 and 748, con- The report recommends the repeal of tional penalties were paid by U.S. citi- cerning the bombing of the Pan Am 103 zens engaging in Libyan oilfield-relat- section 540 of the Federal Food, Drug, and UTA 772 flights, constituted a and Cosmetic Act that requires the ed transactions while another 76 cases threat to international peace and secu- of similar violations are in active pen- completion of this annual report. All rity. The United States continues to alty processing. the information found in this report is believe that still stronger inter- In October 1994, two U.S. business- available to the Congress on a more national measures than those man- men, two U.S. corporations, and sev- immediate basis through the Center for dated by UNSCR 883, possibly including eral foreign corporations were indicted Devices and Radiological Health tech- a worldwide oil embargo, should be im- by a Federal grand jury in Connecticut nical reports, the Radiological Health posed if Libya continues to defy the on three counts of violating the Regu- Bulletin, and other publicly available will of the international community as lations and IEEPA for their roles in sources. This annual report serves lit- expressed in UNSCR 731. We remain de- the illegal exportation of U.S origin tle useful purpose and diverts Agency termined to ensure that the perpetra- fuel pumps to Libya. Various enforce- resources from more productive activi- ment actions carried over from pre- tors of the terrorist acts against Pan ties. vious reporting periods have continued Am 103 and UTA 772 are brought to jus- WILLIAM J. CLINTON. to be aggressively pursued. The FAC tice. The families of the victims in the THE WHITE HOUSE, January 30, 1995. has continued its efforts under the Op- murderous Lockerbie bombing and f eration Roadblock initiative. This on- other acts of Libyan terrorism deserve nothing less. I shall continue to exer- going program seeks to identify U.S. MESSAGES FROM THE HOUSE persons who travel to and/or work in cise the powers at my disposal to apply Libya in violation of U.S. law. economic sanctions against Libya fully At 2:43 p.m., a message from the Several new investigations of poten- and effectively, so long as those meas- House of Representatives, delivered by tially significant violations of the Lib- ures are appropriate, and will continue Mr. Hays, one of its reading clerks, an- yan sanctions have been initiated by to report periodically to the Congress nounced that the Speaker has signed FAC and cooperating U.S. law enforce- on significant developments as re- the following enrolled bill: ment agencies, primarily the U.S. Cus- quired by law. S. 273. An act to amend section 61h–6, of toms Service. Many of these cases are WILLIAM J. CLINTON. title 2, United States Code. THE WHITE HOUSE, January 30, 1995. believed to involve complex conspir- f acies to circumvent the various prohi- f bitions of the Libyan sanctions, as well REPORT OF THE NATIONAL INSTI- MEASURES PLACED ON THE as the utilization of international di- CALENDAR versionary shipping routes to and from TUTE OF BUILDING SCIENCES Libya. The FAC has continued to work FOR FISCAL YEAR 1993—MES- The following bill was read the sec- closely with the Departments of State SAGE FROM THE PRESIDENT— ond time and placed on the calendar: and Justice to identify U.S. persons PM 6 S. 209. A bill to replace the Aid to Families who enter into contracts or agreements The PRESIDING OFFICER laid be- with Dependent Children Program under with the Government of Libya, or fore the Senate the following message title IV of the Social Security Act and a por- other third-country parties, to lobby from the President of the United tion of the food stamp program under the Food Stamp Act of 1977 with a block grant to United States Government officials or States, together with an accompanying give the States the flexibility to create inno- to engage in public relations work on report, which was referred to the Com- vative welfare-to-work programs, to reduce behalf of the Government of Libya mittee on Banking, Housing, and the rate of out-of-wedlock births, and for without FAC authorization. In addi- Urban Affairs. other purposes. S 1758 CONGRESSIONAL RECORD — SENATE January 30, 1995 ENROLLED BILLS PRESENTED ning, operational, and funding responsibil- individuals and their families, to reduce pa- ities for many federally-mandated programs perwork and simplify the administration of The Secretary of the Senate reported to the states and their local governments, health care claims, to increase access to care that on today, January 30, 1995, she had while at the same time reducing federal fi- in rural and underserved areas, to improve presented to the President of the Unit- nancial support for those programs; and quality and protect consumers from health ed States the following enrolled bill: ‘‘Whereas, those short-sighted budget defi- care fraud and abuse, to promote preventive S. 273. An act to amend section 61h–6, of cit control efforts have forced some states care, to make long-term care more afford- title 2, United States Code. and local governments to reduce budget ex- able, and for other purposes; to the Commit- penditures for their own necessary programs tee on Finance. f and to raise taxes to fund the additional fi- By Mrs. KASSEBAUM (for herself, Mr. PETITIONS AND MEMORIALS nancial burden imposed by Congress; and JEFFORDS, Mr. GREGG, and Mr. GOR- ‘‘Whereas, approximately eighty percent of TON): The following petitions and memori- the nation’s state legislatures are currently S. 295. A bill to permit labor management als were laid before the Senate and required to enact a balanced state budget, ei- cooperative efforts that improve America’s were referred or ordered to lie on the ther by their state constitutions, state stat- economic competitiveness to continue to table as indicated: utes, or legislative rules, proving that this is thrive, and for other purposes; to the Com- a task that can be accomplished by fiscally mittee on Labor and Human Resources. POM–26. A resolution adopted by the House responsible elected officials; and By Mr. KENNEDY (for himself, Mr. of the Legislature of the State of Alabama; ‘‘Whereas, fiscal restraint imposed by an AKAKA, Mr. BINGAMAN, Mrs. BOXER, to the Committee on the Judiciary. amendment to the Constitution of the Unit- Mr. BRADLEY, Mr. CAMPBELL, Mr. ‘‘HR 27 ed States of America is necessary to curtail DODD, Mr. FEINGOLD, Mr. HARKIN, Mr. ‘‘Whereas, with each passing year, this na- federal spending to conform to available fed- INOUYE, Mr. LAUTENBERG, Mr. LEAHY, tion becomes more deeply in debt as its ex- eral revenues; and Ms. MIKULSKI, Ms. MOSELEY-BRAUN, penditures grossly and repeatedly exceed ‘‘Whereas, Article V of the Constitution of Mr. MOYNIHAN, Mrs. MURRAY, Mr. available revenues; and the United States of America provides that PACKWOOD, Mr. PELL, Mr. ROBB, Mr. ‘‘Whereas, as the federal debt grows, the amendments to the Constitution may be pro- SIMON, and Mr. WELLSTONE): stability of our national and world economy posed by the Congress for submission to the S. 296. A bill to amend section 1977A of the weakens, and the burden placed on future states for their ratification when two-thirds Revised Statutes to equalize the remedies generations of Americans become more oner- of both houses deem it necessary; available to all victims of intentional em- ous; and ‘‘Now, therefore, be it ployment discrimination, and for other pur- ‘‘Whereas, conjunctively with a required ‘‘Resolved by the Senate of the General As- poses; to the Committee on Labor and balancing of the federal budget is a nec- sembly of the Commonwealth of Kentucky: Human Resources. essary prohibition against the imposition of ‘‘Section 1. That the Congress of the Unit- By Mr. ROCKEFELLER (for himself, unfunded federal mandates and other cost ed States is hereby requested and petitioned Mr. DASCHLE, Mr. GRAHAM, Mr. reallocation to the several states; and to adopt an amendment to the Constitution AKAKA, Mr. CAMPBELL, Mr. JEFFORDS, ‘‘Whereas, believing that fiscal uncertain- of the United States of America, for submis- Mr. LEAHY, and Mr. BINGAMAN): ties at the federal level is the greatest threat sion to the states for their ratification, re- S. 297. A bill to amend the Internal Reve- that our nation faces, and cognizant that quiring that each federal budget enacted by nue Code of 1986 to clarify the exclusion from statutory budget balancing remedies have the Congress and signed by the President of gross income for veterans’ benefits; to the failed, we firmly believe that constitutional the United States be in balance. Committee on Finance. restraint is vital to bring the fiscal dis- ‘‘Section 2. That, notwithstanding the sub- cipline needed to restore financial respon- mission of a balanced budget amendment to f sibility;’’ Now therefore be it the states, each Congress convened prior to ‘‘Resolved by the House of Representatives of the amendment’s ratification should make STATEMENTS ON INTRODUCED the Legislature of Alabama, That the Legisla- every reasonable effort on its own initiative BILLS AND JOINT RESOLUTIONS ture urges the United States Congress to to enact a balanced federal budget prior to By Mr. CONRAD (for himself, Mr. adopt an amendment to the United States being subject to the amendment’s mandate DASCHLE, Mr. DORGAN, Mr. Constitution which both requires the bal- that it do so. ancing of the federal budget and prohibits ‘‘Section 3. That the Congress, in striving PELL, Mr. AKAKA, Mr. JEF- transferring the costs and burdens of federal to enact a balanced federal budget and to re- FORDS, and Mr. GRAHAM): responsibilities and inclinations to the duce the federal budget deficit, must begin S. 293. A bill to amend title 38, Unit- states by unfunded mandates or similar by addressing spending needs and revenue ed States Code, to authorize the pay- means. generation possibilities at the federal level ment to States of per diem for veterans ‘‘Be it Further Resolved, that certified cop- and by funding only what the federal govern- receiving adult day health care, and for ies of this resolution be transmitted to the ment itself can afford instead of unjustly other purposes; to the Committee on President of the United States, the President shifting the financial responsibility for con- Veterans’ Affairs. of the United States Senate, the Majority tinuing federally-mandated programs and Leader of the United States Senate, the Mi- services onto the overburdened back of state STATE VETERANS HOME ACT nority Leader of the United States Senate, and local governments. Mr. CONRAD. Mr. President, today I the Speaker of the House of Representatives, ‘‘Section 4. That the Clerk of the Senate is rise to introduce the State Veterans the Minority Leader of the House of Rep- directed to send copies of this resolution to Home Act of 1995. The bill extends dis- resentatives, and to every member of the the Clerk of the United States House of Rep- State’s Congressional Delegation.’’ resentatives, the Secretary of the United cretionary authority to the Depart- States Senate, and the members of Congress ment of Veterans Affairs to provide a POM–27. A resolution adopted by the Sen- elected from the Commonwealth of Ken- per diem payment for adult day health ate of the General Assembly of the Common- tucky.’’ care for veterans. The bill also author- wealth of Kentucky; to the Committee on f izes the use of funds from the Extended the Judiciary. Care Facilities Grants Program, sec- ‘‘SENATE RESOLUTION INTRODUCTION OF BILLS AND tion 8131, to construct or renovate ex- ‘‘Whereas, for far too many years, Congress JOINT RESOLUTIONS isting facilities to provide adult day has recklessly and repeatedly enacted fed- The following bills and joint resolu- care for veterans. eral budgets in which government expendi- tions were introduced, read the first The legislation I am introducing tures have grossly exceeded available reve- today is similar to S. 852 introduced at nues, resulting in unparalleled federal budg- and second time by unanimous con- etary deficits that unjustly mortgage the fu- sent, and referred as indicated: the beginning of the 103d Congress. In ture of our nation’s children; and By Mr. CONRAD (for himself, Mr. the last Congress, S. 852 was reported ‘‘Whereas, Congress has taken far too little DASCHLE, Mr. DORGAN, Mr. PELL, Mr. to the Senate as section 205 of S. 1030— action on its own initiative to implement re- AKAKA, Mr. JEFFORDS, and Mr. GRA- Veterans Health Programs Improve- sponsible budgetary controls through the re- HAM): ment Act of 1993—and passed by the duction or elimination of the need for federal S. 293. A bill to amend title 38, United Senate on May 25, 1994. Regrettably spending for certain governmental programs States Code, to authorize the payment to due to the legislative log-jam at the or the imposition of sufficient tax levies that States of per diem for veterans receiving end of the 103d Congress, it was not in- would generate adequate revenue to fund adult day health care, and for other pur- necessary federal government programs; and poses; to the Committee on Veterans Affairs. corporated into the veterans health ‘‘Whereas, Congressional attempts to con- By Mr. COHEN: benefits measure, H.R. 3313, that passed trol the federal budget deficit over the last S. 294. A bill to increase the availability the House in the closing days of the decade have resulted in shifting the plan- and affordability of health care coverage for 103d Congress. January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1759 I am very pleased that the bill I am operative period, the opportunity for (3) by adding at the end the following new introducing today is cosponsored by adult day health care would meet the paragraph (2): Senators DASCHLE, DORGAN, AKAKA, requirements of a growing number of ‘‘(2) The Secretary may pay each State per JEFFORDS, PELL, and GRAHAM. our veterans population, and at less diem at a rate determined by the Secretary This legislation received support in cost than nursing and residential home for each veteran receiving adult day health care in a State home, if such veteran is eligi- the 103d Congress from veterans and care. Equally important, adult day ble for such care under laws administered by their families in North Dakota, and health care would provide respite for the Secretary.’’. from all major national veterans orga- the primary care givers of veterans. (b) ASSISTANCE TO STATES FOR CONSTRUC- nizations during a hearing by the Sen- People have often said to me: Sen- TION OF ADULT DAY CARE FACILITIES.—(1) ate Committee on Veterans’ Affairs on ator, if we just had a chance to have a Section 8131(3) of title 38, United States June 23, 1993. I am hoping the 104th break, if we just had a chance to be Code, is amended by inserting ‘‘adult day Congress will act expeditiously to pass able to go to work and have our loved health,’’ before ‘‘or hospital care’’. this important health care measure for one be able to be at home with us in (2) Section 8132 of such title is amended by veterans. I am enclosing a letter of the evening, we would be able to take inserting ‘‘adult day health,’’ before ‘‘or hos- support from the National Association care of him. We would be able to save pital care’’. of State Veterans Homes. a lot of money for the Government. (3) Section 8135(b) of such title is amend- Currently, under section 1741, the De- There is no sense putting all these peo- ed— (A) in paragraph (2)(C), by inserting ‘‘or partment of Veterans Affairs is re- ple in nursing homes. Our family would adult day health care facilities’’ after ‘‘domi- quired to pay a per diem to States for love to be able to take care of our ciliary beds’’; and each veteran that is assisted through grandfather or our father. We would (B) in paragraph (3)(A), by inserting ‘‘or con- the State Home Facilities Program love to have him at home but we work struction (other than new construction) of with hospital, nursing home, or domi- during the day, both spouses work dur- adult day health care buildings’’ before the ciliary care. The per diem payment is ing the day. The kids are at school. No- semicolon. $15.11 for domiciliary care, and $35.37 body is home. for nursing home and hospital care. If we had a chance to have that vet- NATIONAL ASSOCIATION OF Under section 8131, State home facili- eran in a setting where he could be STATE VETERANS HOMES, ties, the Department of Veterans Af- cared for during the day we would take Marquette, MI, December 16, 1994. fairs is also authorized to provide care of him at night and save lots of Hon. KENT CONRAD, matching grant assistance for the con- money—save money for the families, U.S. Senator, Hart Senate Office Building, struction, expansion, or remodeling of save money for the Government. Washington, DC. existing facilities for domiciliary, Mr. President, as the health care re- DEAR SENATOR CONRAD: This letter is in re- sponse to your recent inquiry regarding the nursing home, or hospital care for vet- quirements of our veterans population National Association of State Veterans erans who are eligible to reside in change, and the demands on limited Homes (NASVH) position on re-introduction State veterans facilities. Department of Veterans Affairs re- of proposed legislation to allow State Homes Under the legislation that I am intro- sources increase, I believe it important to develop an Adult Day Health Program. ducing today, the State Veterans Home that States have the flexibility to pro- As noted in Mr. Jack Dack’s previous let- Program would be amended to author- vide adult day health care services for ter dated April 26, 1993, a 1993 survey had 38 ize a per diem payment for veterans veterans. State Homes respond positively out of 48 re- that are assisted by States who provide We have heard a lot in the last 24 sponses from 52 homes surveyed. We again adult day care including health care as hours about State flexibility. Why recommend that Section 1741 be amended to needed. States would also be author- should they not have flexibility with authorize State Homes Adult Day Health Care. The section should be amended to pro- ized to apply for matching grant assist- respect to a program like this? They vide for a per diem payment for Adult Day ance to provide facilities for adult day are asking for it. Why do we not give it Health Care and additional construction care. In fiscal year 1995, Congress ap- to them? grant monies to support expansion/remodel- propriated $47.3 million under the The 71 State veterans homes across ing to permit States to provide Adult Day State Home Facilities Program for the the country have a proven record of Health Care. construction or expansion of State ex- providing excellent domiciliary, nurs- This letter is offered as a reaffirmation of tended care facilities for veterans. ing home, and hospital care. They also the NASVH commitment to providing this Mr. President, I have discussed the have the expertise in geriatrics, and needed service to veterans pursuant to the proposed legislation to amend the specialized health care that is required aforementioned changes in Title 38 United State Veterans Home Program relating to provide the adult day health care States Code, Section 1741. If you have any questions, please let me to adult day care health care with services. know. State veterans officials in North Da- I urge the Senate Committee on Vet- Sincerely, kota and representatives of the Na- erans’ Affairs to support these amend- CLIFFORD A. KINNEY, II, MPA, NHA, tional Association of State Veterans ments to the State Veterans Home Chairperson, NASVH, Homes. The arguments in support of Program, and to report legislation to Legislative Committee. amending the State Veterans Home authorize adult day health care serv- Program to authorize adult day health ices for veterans as soon as possible. NATIONAL ASSOCIATION OF care are compelling. I ask unanimous consent Mr. Presi- STATE VETERANS HOMES, The opportunity for adult day health dent, that the full text of my bill along Marshalltown, IA, April 26, 1993. care services for veterans during the with a letter in support of this initia- Hon. KENT CONRAD, daytime hours in a community setting tive from the National Association of U.S. Senate, Hart Office Building, would enable many veterans to remain State Veterans Homes be printed in the Washington, DC. DEAR SENATOR CONRAD. This is to express at home with their families in a sup- RECORD. the views of the National Association of portive environment as an alternative There being no objection, the mate- State Veterans Homes pertinent to proposed to nursing home placement. rial was ordered to be printed in the legislation to improve (3) the State Home I ask my colleagues, how many peo- RECORD, as follows: Program. ple do each of us know who are in this S. 293 (A) Title 38 United States Code, Section circumstance? If the family could get Be it enacted by the Senate and House of 1741, authorizes per diem to State Homes for relief during the day for a veteran who Representatives of the United States of America domiciliary, nursing home care and hospital is ill or who is starting to fail, and in Congress assembled, care. We endorse legislation to provide au- would have a chance to have a place to SECTION 1. PAYMENT TO STATES OF PER DIEM thority to the Secretary, Department of Vet- go during the day, the family could FOR VETERANS RECEIVING ADULT erans Affairs, to provide a per diem payment take care of that individual at night, DAY HEALTH CARE. for adult day health care and construction grant support for expansion, remodeling or thereby preventing nursing home (a) PAYMENT OF PER DIEM FOR VETERANS RECEIVING ADULT DAY CARE.—Section 1741 of alteration of existing buildings to permit placement. title 38, United States Code, is amended— provision of adult day health care. For a veteran who may be in the (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; A survey conducted by the National Asso- early stages of Alzheimer’s disease or (2) by redesignating paragraphs (1) and (2) as ciation of State Veterans Homes in 1984 over- require limited supervision in a post- subparagraphs (A) and (B), respectively; and whelmingly supported an adult day health S 1760 CONGRESSIONAL RECORD — SENATE January 30, 1995 care initiative if an appropriate reimburse- portunity for the Department of Veterans ilies, to reduce paperwork and simplify ment system through the Veterans Adminis- Affairs and State Home Program to bring the administration of health care tration could be developed for State Homes. the increased need for additional construc- claims, to increase access to care in Of the 48 responses from 52 Homes surveyed, tion funds to the attention of the Veterans 38 responded positively. Affairs’ Committees for consideration. rural and underserved areas, to im- It is recommended that Section 1741 be The State Home Program has a proven prove quality and protect consumers amended to include authorization for State track record of being able to blend Federal, from health care fraud and abuse, to Home Adult Day Health Care. State and private resources to maximize the promote preventive care, to make long- Often times, family and loved ones are the resources available for providing care for the term care more affordable, and for primary caregivers for adult persons. Trying veterans of this Nation. Because of this other purposes; to the Committee on to maintain adults in the home can be very track record, it is always wise to look for op- stressful and care can be difficult to provide portunities to expand the relationship, so as Finance. both physically and psychologically. Re- to further enhance the efficient use of the ACCESS TO AFFORDABLE HEALTH CARE ACT sources can be extremely limited, especially Department of Veterans Affairs’ resources in in rural communities and families may not its provision of care for veterans. The estab- Mr. COHEN. Mr. President, as the be aware of what resources are available. lishment of a per diem for these services is 104th Congress opened, it did so with a Adult ‘‘day care’’ has been one concept im- an expansion of the already successful State great deal of fanfare this month. Much plemented to address dependent adult care. Home Program with the Department of Vet- of the discussion has been devoted to The seventy-one State Veterans Homes in erans Affairs. With this per diem as a start- congressional reform, tax cuts, the bal- forty-one states being long-term care facili- ing point, the State Home Program in part- anced budget amendment, unfunded ties employ clinicians with expertise in geri- nership with the Department of Veterans Af- atrics and staff with years of experience in fairs has the potential to move towards an mandates, and welfare reform, but on working with dependent, infirm, and/or efficient, effective means of providing this one issue our colleagues have been no- handicapped individuals. The Homes have necessary service for its constituents. tably silent. the potential to offer adult day health care (B) Sharing: While the United States Con- I say that with one notable excep- in a safe, structured environment with gress has been generous in providing for its tion, my colleague from Illinois, who trained, caring staff. There could be provi- veterans, and the Department of Veterans has just spoken rather eloquently on sions for meals and nutritious snacks, medi- Affairs has done a commendable job within cation dispensing, exercise programming and the confines of the budgeted amounts in tak- the whole subject of health care re- the offering of health assessment and pa- ing care of the Nation’s veterans, the re- form, which is what I would like to tient/family teaching. There could be sources to do so are becoming more limited. talk about this afternoon. planned activities and social interactions for We must continue to work closer together, Health care reform was a dominant adult participation. share ideas, stretch and share resources and topic on everyone’s mind during the Such a program would be an ideal option assist one another if we are going to fulfill last Congress. As I mentioned just a for the elderly veterans who are: in need of our mutual obligation to provide the nec- moment ago, today it is barely a whis- social stimulation to combat depression; in essary health care services for the Nation’s need of supervision and/or personal care; veterans. This sharing proposal is an initia- per. I believe that this is a mistake. I post-operative in need of supervision or tive to formalize a closer-working relation- think it is time for the Senate to put medication; victims of early Alzheimer’s ship between the Department of Veterans Af- the issue back on the front burner of Disease. fairs Medical Centers in states where State the public agenda. Involvement in adult day health care Veterans Homes presently exist. It will Health care reform may not be a would provide a peace of mind and respite for strengthen the long and successful partner- major clause in the House Republican’s the working and non-working caregivers. ship between the Department of Veterans Af- The provisions of these services during fairs and State Homes which has long been Contract With America, but rising daytime hours in a congregate setting would recognized as a vital resource for the Depart- health care costs and expanding gaps in enable veterans to be maintained at home in ment of Veterans Affairs in providing care coverage are still very much on the a supportive environment and be an alter- for the chronically ill, elderly veterans. minds of the American people. In fact, native to a nursing home placement. Partici- Since many State Homes are located with- postelection polls conducted for the pation in an Adult Day Health Care Program in a radius of one hundred miles of a Depart- Health Care Leadership Council and by could possibly prolong the ability of the vet- ment of Veterans Affairs medical facility, it the Washington Post and ABC News eran to stay in his home thereby lowering is felt that sharing of services would result the demands on the Department of Veterans in service, efficiency and economy in provi- show that health care remains a top Affairs system. sion of care. The ability to have Department priority—as important even as cutting Besides providing respite for the primary of Veterans Affairs clinics, such as Urology, taxes, passing a balanced budget caregivers, veterans could be screened and Psychiatric Consultation, Physical Medicine/ amendment, or enacting welfare re- referred for medical and/or community re- Rehabilitation Consultation, etc., located form. sources, including Department of Veteran’s within a State Veterans Home, would en- Abraham Lincoln once observed that Affairs medical care facilities. Pre-assess- hance continuity of care for the benefit of ‘‘with public sentiment nothing can ment for admission could take place if the the veterans in State Homes. Chronically ill, veteran desires to make application for per- debilitated, infirm veterans would not have fail, and without it nothing can suc- manent living in the State Home. Other ad- to experience traveling to and from the med- ceed.’’ vantages to the individuals and family mem- ical centers for some clinics if such a sharing I think the American people wisely bers are networking with family members was possible. Other areas of sharing could be rejected the big-government approach and professionals, participation in support in non-clinical services such as laundry, Life/ advocated last year by the administra- groups, gaining knowledge about community Safety, Quality Assurance programming, tion. More Government is clearly not resources and how to access the system. housekeeping, etc. It is felt that by permitting the Depart- the way to lower health care costs. The National Association of State Veter- And when I say they rejected big gov- ans Homes supports that provisions in Unit- ment of Veterans’ Affairs and the State ed States Code 38, Section 1741, be amended Home Program to expand, their sharing will ernment, this is a copy of the bill that to authorize State Home Adult Day Health result in greater efficiencies and enhance in fact was being debated last year, Care; per diem payments to states for provid- care for veterans. The National Association some 1,443 pages long. The public did ing same; and to permit the Department of of State Veterans Homes supports enactment not understand it. They felt also that Veterans Affairs to provide grants for expan- of the concept of sharing in this proposed we were moving toward, if I can use sion, remodeling or alteration of existing legislation and believes it to be a benefit to veterans, the Department of Veterans Affairs that Tofflerian phrase, demasification buildings to permit provision of such care. of the centralized health care system. We in the State Home Program do not and the State Home Program. know the level of participation by the states On behalf of the National Association of The fact is, they rejected it. at this time; however, it is anticipated there State Veterans Homes, thank you for the op- The fact is that Government spend- would be activity initially by five to ten portunity to support legislation to improve ing on health care, with all of its bu- Homes in this area. Since the Department of the State Veterans Home Program. reaucratic endeavors and controls, has Veterans is unable to approve requests for Sincerely, risen much faster than private health construction grants totaling more than the JACK J. DACK, Chairperson, Legislative Committee. care spending. In fact, between 1970 and amount specifically appropriated by the Con- 1991 Medicare and Medicaid grew 427 gress for that fiscal year, any additional grant requests for construction for adult day By Mr. COHEN: percent, more than double the amount health care over the specified funding al- S. 294. A bill to increase the avail- of 165 percent in the private sector. So lowed would probably require a waiting pe- ability and affordability of health care we have seen a real disparity in terms riod. This waiting period would allow an op- coverage for individuals and their fam- of Government sponsored and funded January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1761 programs versus that of the private cremental, they are by no means insig- tance of health care reform for her sector. nificant. family. Since her son was diagnosed But the public rejection of the Clin- They would include insurance mar- with juvenile diabetes 6 years ago, the ton health care plan does not mean ket reforms to make insurance port- family has faced mounting insurance that American people do not want able and prohibit insurers from deny- and medical bills. Even though the rest health care reform. ing, canceling, or limiting coverage or of the family is healthy, in 3 short As my colleague from California, otherwise discriminating against indi- years they have seen their insurance Senator DIANE FEINSTEIN, observed, the viduals on the basis of their health sta- premiums jump from $190 to $600 a main reason the President’s health tus. month, and they fear that they will care reform efforts collapsed was that They would include refundable tax soon be either dropped by their insurer the ‘‘Democrats listened to the 15 per- credits for low-income families and full or priced out of the market entirely. cent of the public who had no coverage, tax deductibility for the self-employed If the new Congress does not move while the Republicans listened to the to make insurance coverage more af- quickly on health care reform, millions 85 percent who did.’’ What some Demo- fordable. of Americans like Leslie Mansfield and crats in Washington derided as merely They would include voluntary pur- her family will be worse off, not better incremental was, to the American pub- chasing cooperatives to give individ- off. lic, essential. uals and small businesses access to Health care costs, which last year Susan Sontag wrote: more affordable coverage; administra- topped $1 trillion, will continue to rise, Illness is the night-side of life, a more on- tive reforms to reduce costs and paper- placing an increasing strain on fami- erous citizenship. Everyone who is born work and make the system more effi- lies, employers, and governments holds dual citizenship, in the kingdom of the cient. alike, and pricing millions more Amer- well and the kingdom of the sick. Although They would include malpractice re- icans out of the market. Insurers and we all prefer to use only the good passport, forms to reduce the costly practice of businesses will be able to continue to sooner or later each of us is obliged, at least defensive medicine; expanded access to cut costs by avoiding customers at for a spell, to identify ourselves as citizens of care in rural areas; more affordable greater risk. People with preexisting that other place. long-term care; and, finally, stronger medical conditions like heart disease As such, the flaws in our health care efforts to combat fraud and abuse, and diabetes will face even steeper pre- system are ones that will—sooner or which currently rob our system of as miums or could lose their coverage en- later—touch every American family. much as $100 billion every year. tirely. And we will continue to lose an The American people want health Many of my colleagues have heard estimated $275 million a day—that is care reform, but they want something me take the floor time and time again $11.5 million every hour—to health care they can understand and afford. They to complain about health care fraud in fraud. want a program that gives them some this country. In fact, just last week I Health care reform does not have to reassurance against their growing introduced separate legislation dealing be an all-or-nothing proposition. That sense of financial insecurity against with health care fraud, because we are mistake was made both in 1992 and in potential illness—a program that gives losing $100 billion every year to health 1994 and should not be repeated. By them some protection should they care fraud. It amounts to $275 million a building upon our areas of agreement, cross over into that kingdom of the day, $11.5 million every single hour. we can take major steps to contain sick. We could have taken action last year. costs, expand choice and extend access When the American people say they We did not take action last year. The to care to millions more Americans. want reform, they mean: ‘‘If I lose my said wait until health care reform We have come a long way to reach job or get sick, I want to keep my comes. Health care reform did not this point in the health care debate and health insurance and I do not want it come. So by the time this legislation we should move forward. While to do to cost so much.’’ They want Congress or some variation of this legislation is nothing may not be a breach of the to enact targeted reforms to contain finally adopted, we will lost another Contract With America, it most cer- health care costs and to ensure that $100 billion to health care fraud and tainly would be a breach of trust with they do not lose the health care cov- abuse. the American people. erage that they have. Many of the principles involved in I urge my colleagues to join me in co- Health care reform, I think, as my this legislation—and, by the way, Mr. sponsoring the Access to Affordable colleague from Illinois has pointed out, President, this contains about 200 type- Health Care Act and ask unanimous is pretty familiar to most of us now. written pages—could have been adopt- consent that a section-by-section sum- We have spent over 4 years studying ed more than 41⁄2 years ago when I first mary as well as the full text of the bill the problem, countless hours of staff introduced it. In fact, it could have be printed in the CONGRESSIONAL researching the issue, debating the been adopted when Senator Lloyd RECORD. issue, drafting legislation, negotiating Bentsen passed his version of the bill Mr. SIMON. Mr. President, will the compromise. We have something, I back in 1992. Senator yield for 30 seconds? I want to think, very valuable to show for that Although action on health care re- commend the Senator for his state- effort. form has been deferred in the past. It ment. Despite the partisan and sometimes simply cannot be deferred any longer. Mr. COHEN. I yield to the Senator. bitter debate in the last Congress, The new Republican-controlled Con- Mr. SIMON. I, obviously, have not there is broad-based, bipartisan agree- gress has both the obligation and the read the bill. But if we recognize the ment on some key steps that can and political opportunity to enact health problem and work together, we can do should be taken to contain health care care reform, but the window of oppor- something for the American people in costs and increase access for millions tunity will not be open long. We simply this session of Congress. I commend of Americans. In fact, I believe that ac- cannot afford to repeat past mistakes him for his leadership. tion could have been taken on these and allow the issue to become com- Mr. COHEN. Mr. President, I thank changes 3 years ago if some had not in- plicated or obfuscated by election-year my friend for his comments. Let me sisted that there be comprehensive re- politics. conclude with a few observations. form, or no reform at all. I listened with great interest to my There has been so much partisanship Today I am introducing legislation colleagues from Illinois outline some of discussed in the House and the Senate outlining a blueprint for reform that is the letters he has received from con- on various other issues. There was a based on principles upon which I be- stituents and others pointing out it is great deal of partisanship on the health lieve a bipartisan majority in Congress not a Republican or Democratic issue, care debate as well. I remember when could agree. The plan takes significant it is an American problem. Senator DOLE asked the committee to strides toward the goal of universal Last month, one of my constituents, put together a task force headed up by coverage by bringing millions more Leslie Mansfield, of Bar Harbor, testi- JOHN CHAFEE to meet with our Demo- Americans into the system. While some fied before the Maine Health Care Re- cratic counterpart; we ran into a stone- might characterize these reforms as in- form Commission about the impor- wall. S 1762 CONGRESSIONAL RECORD — SENATE January 30, 1995 It was not open to negotiation. There TITLE V—QUALITY AND CONSUMER Sec. 5232. Access procedures for party sub- was no compromise. It was all-or-noth- PROTECTION poenas. ing, comprehensive or nothing at all. Subtitle A—Quality Improvement Sec. 5233. Challenge procedures for party As a result, we had nothing at all. One Foundations subpoenas. of the members of the Democratic task Sec. 5001. Quality improvement foundations. PART 3—PROCEDURES FOR ENSURING SECURITY force came to me just a couple of days Subtitle B—Administrative Simplification OF PROTECTED HEALTH INFORMATION ago and said, ‘‘You know, if we had PART 1—PURPOSE AND DEFINITIONS SUBPART A—ESTABLISHMENT OF SAFEGUARDS done what you had suggested 2 years Sec. 5101. Purpose. Sec. 5236. Establishment of safeguards. ago, it would have been a great step Sec. 5102. Definitions. Sec. 5237. Accounting for disclosures. forward.’’ We did not do it then. We PART 2—STANDARDS FOR DATA ELEMENTS AND SUBPART B—REVIEW OF PROTECTED HEALTH IN- ought to do it now. INFORMATION TRANSACTIONS FORMATION BY SUBJECTS OF THE INFORMA- Let Senators put aside the partisan- Sec. 5111. General requirements on sec- TION ship and reach across the aisle and do retary. Sec. 5241. Inspection of protected health in- Sec. 5112. Standards for transactions and something the American people will formation. data elements. Sec. 5242. Amendment of protected health support—Republican, Democrat, inde- Sec. 5113. Timetables for adoption of stand- pendent, it does not matter. We need information. ards. Sec. 5243. Notice of information practices. the relief. We need the reform. We PART 3—REQUIREMENTS WITH RESPECT TO SUBPART C—STANDARDS FOR ELECTRONIC ought not to defer this any longer. I CERTAIN TRANSACTIONS AND INFORMATION DISCLOSURES yield the floor. Sec. 5121. Requirements on health plans. Sec. 5246. Standards for electronic disclo- Sec. 5122. Timetables for compliance with There being no objection, the mate- sures. rial was ordered to be printed in the requirements. PART 4—SANCTIONS RECORD, as follows: PART 4—ACCESSING HEALTH INFORMATION S. 294 Sec. 5131. Access for authorized purposes. SUBPART A—NO SANCTIONS FOR PERMISSIBLE Sec. 5132. Responding to access requests. ACTIONS Be it enacted by the Senate and House of Rep- Sec. 5133. Timetables for adoption of stand- Sec. 5251. No liability for permissible disclo- resentatives of the United States of America in ards and compliance. sures. Congress assembled, PART 5—STANDARDS AND CERTIFICATION FOR SUBPART B CIVIL SANCTIONS SECTION 1. SHORT TITLE AND TABLE OF CON- — EALTH NFORMATION ETWORK TENTS. H I N Sec. 5256. Civil penalty. (a) SHORT TITLE.—This Act may be cited as Sec. 5141. Standards and certification for Sec. 5257. Civil action. health information network the ‘‘Access to Affordable Health Care Act’’. SUBPART C—CRIMINAL SANCTIONS services. (b) TABLE OF CONTENTS.—The table of con- Sec. 5261. Wrongful disclosure of protected tents for this Act is as follows: Sec. 5142. Ensuring availability of informa- tion. health information. Sec. 1. Short title and table of contents. PART 6—PENALTIES PART 5—ADMINISTRATIVE PROVISIONS TITLE I—HEALTH INSURANCE MARKET Sec. 5151. General penalty for failure to Sec. 5266. Relationship to other laws. REFORM comply with requirements and Sec. 5267. Rights of incompetents. Subtitle A—Insurance Market Standards standards. Sec. 5268. Exercise of rights. Sec. 1001. Nondiscrimination based on PART 7—MISCELLANEOUS PROVISIONS Subtitle D—Health Care Fraud Prevention health status. Sec. 5161. Effect on State law. Sec. 5301. Short title; table of contents. Sec. 1002. Guaranteed issue and renewal Sec. 5162. Health information continuity. Sec. 1003. Rating limitations. Sec. 5163. Health Information Advisory Com- PART A—ALL-PAYER FRAUD AND ABUSE Sec. 1004. Delivery system quality stand- mittee. CONTROL PROGRAM ards. Sec. 5164. Authorization of appropriations. Sec. 5311. All-payer fraud and abuse control Sec. 1005. Risk adjustment. Subtitle C—Privacy of Health Information program. Sec. 1006. Effective dates. PART 1—DEFINITIONS Sec. 5312. Application of certain Federal Subtitle B—Establishment and Application Sec. 5201. Definitions. health anti-fraud and abuse of Standards sanctions to fraud and abuse PART 2—AUTHORIZED DISCLOSURES Sec. 1011. General rules. against any health plan. Sec. 1012. Encouragement of State reforms. SUBPART A—GENERAL PROVISIONS Sec. 5313. Health care fraud and abuse guid- Sec. 1013. Enforcement of standards. Sec. 5206. General rules regarding disclosure. ance. Sec. 5207. Authorizations for disclosure of Subtitle C—Definitions Sec. 5314. Reporting of fraudulent actions protected health information. under medicare. Sec. 1021. Definitions. Sec. 5208. Certified health information net- TITLE II—GRANTS TO STATES FOR work services. PART B—REVISIONS TO CURRENT SANCTIONS SMALL GROUP HEALTH INSURANCE SUBPART B—SPECIFIC DISCLOSURES RELATING FOR FRAUD AND ABUSE PURCHASING ARRANGEMENTS TO PATIENT Sec. 5321. Mandatory exclusion from partici- Sec. 2001. Grants to States for small group Sec. 5211. Disclosures for treatment and fi- pation in medicare and State health insurance purchasing ar- nancial and administrative health care programs. rangements. transactions. Sec. 5322. Establishment of minimum period Sec. 5212. Next of kin and directory informa- TITLE III—TAX INCENTIVES TO ENCOUR- of exclusion for certain individ- tion. uals and entities subject to per- AGE THE PURCHASE OF HEALTH IN- Sec. 5213. Emergency circumstances. SURANCE missive exclusion from medi- SUBPART C—DISCLOSURE FOR OVERSIGHT, care and State health care pro- Sec. 3001. Permanent extension and increase PUBLIC HEALTH, AND RESEARCH PURPOSES grams. of deduction for health insur- Sec. 5216. Oversight. Sec. 5323. Permissive exclusion of individ- ance costs of self-employed in- Sec. 5217. Public health. uals with ownership or control dividuals. Sec. 5218. Health research. interest in sanctioned entities. Sec. 3002. Credit for health insurance ex- SUBPART D—DISCLOSURE FOR JUDICIAL, ADMIN- Sec. 5324. Sanctions against practitioners penses. ISTRATIVE, AND LAW ENFORCEMENT PUR- and persons for failure to com- TITLE IV—INCENTIVES TO INCREASE POSES ply with statutory obligations. THE ACCESS OF RURAL AND UNDER- Sec. 5221. Judicial and administrative pur- Sec. 5325. Intermediate sanctions for medi- SERVED AREAS TO HEALTH CARE poses. care health maintenance orga- Sec. 4001. Nonrefundable credit for certain Sec. 5222. Law enforcement. nizations. primary health services provid- SUBPART E—DISCLOSURE PURSUANT TO Sec. 5326. Effective date. ers. GOVERNMENT SUBPOENA OR WARRANT PART C—ADMINISTRATIVE AND Sec. 4002. Expensing of medical equipment. Sec. 5226. Government subpoenas and war- MISCELLANEOUS PROVISIONS Sec. 4003. Expanded services for medically rants. underserved individuals. Sec. 5227. Access procedures for law enforce- Sec. 5331. Establishment of the health care Sec. 4004. Increase in National Health Serv- ment subpoenas and warrants. fraud and abuse data collection ice Corps and area health edu- Sec. 5228. Challenge procedures for law en- program. cation center funding. forcement warrants, subpoenas, PART D—CIVIL MONETARY PENALTIES and summons. Sec. 4005. Assistant Secretary for Rural Sec. 5341. Civil monetary penalties. Health. SUBPART F—DISCLOSURE PURSUANT TO PARTY Sec. 4006. Study on transitional measures to SUBPOENA PART E—AMENDMENTS TO CRIMINAL LAW ensure access. Sec. 5231. Party subpoenas. Sec. 5351. Health care fraud. January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1763 Sec. 5352. Forfeitures for Federal health care TITLE I—HEALTH INSURANCE MARKET scope or duration of particular items or serv- offenses. REFORM ices covered by a health plan. Sec. 5353. Injunctive relief relating to Fed- Subtitle A—Insurance Market Standards eral health care offenses. SEC. 1002. GUARANTEED ISSUE AND RENEWAL SEC. 1001. NONDISCRIMINATION BASED ON (a) SMALL GROUP MARKET.—Each health Sec. 5354. Grand jury disclosure. HEALTH STATUS. Sec. 5355. False Statements. plan offering coverage in the small group (a) IN GENERAL.—Except as provided in market shall guarantee each individual pur- Sec. 5356. Voluntary disclosure program. subsection (b) and section 1003(d), a health chaser and small employer (and each eligible Sec. 5357. Obstruction of criminal investiga- plan may not deny, limit, or condition the employee of such small employer) applying tions of Federal health care of- coverage under (or benefits of) the plan, or for coverage in such market the opportunity fenses. vary the premium, for an individual based on to enroll in the plan. Sec. 5358. Theft or embezzlement. the health status, medical condition, claims Sec. 5359. Laundering of monetary instru- experience, receipt of health care, medical (b) LARGE EMPLOYER MARKET.—Each ments. history, anticipated need for health care health plan offering coverage in the large PART F—PAYMENTS FOR STATE HEALTH CARE services, disability, or lack of evidence of in- employer market shall guarantee any indi- FRAUD CONTROL UNITS surability. vidual eligible for coverage under the plan the opportunity to enroll in such plan. Sec. 5361. Establishment of State fraud (b) TREATMENT OF PREEXISTING CONDITION (c) CAPACITY LIMITS.—Notwithstanding units. EXCLUSIONS FOR ALL SERVICES.— this section, a health plan may apply a ca- Sec. 5362. Requirements for State fraud (1) IN GENERAL.—A health plan may impose pacity limit based on limited financial or units. a limitation or exclusion of benefits relating provider capacity if the plan enrolls individ- Sec. 5363. Scope and purpose. to treatment of a condition based on the fact uals in a manner that provides prospective Sec. 5364. Payments to States. that the condition preexisted the effective date of the plan with respect to an individual enrollees with a fair chance of enrollment re- TITLE VI—MALPRACTICE REFORM only if— gardless of the method by which the individ- Sec. 6001. Alternative dispute resolution. (A) the condition was diagnosed or treated ual seeks enrollment. Sec. 6002. Basic requirements. during the 3-month period ending on the day (d) RENEWAL OF POLICY.— Sec. 6003. Alternative dispute resolution ad- before the date of enrollment under the plan; (1) SMALL GROUP MARKET.—A health plan visory board. (B) the limitation or exclusion extends for issued to a small employer or an individual Sec. 6004. Certification of State systems; ap- a period not more than 6 months after the purchaser in the small group market shall be plicability of alternative Fed- date of enrollment under the plan; renewed at the option of the employer or in- eral system. (C) the limitation or exclusion does not dividual, if such employer or individual pur- Sec. 6005. Reports on implementation and ef- apply to an individual who, as of the date of chaser remains eligible for coverage under fectiveness of alternative dis- birth, was covered under the plan; or the plan. pute resolution systems. (D) the limitation or exclusion does not (2) LARGE EMPLOYER MARKET.—A health Sec. 6006. Optional application of practice apply to pregnancy. plan issued to an individual eligible for cov- guidelines. (2) CREDITING OF PREVIOUS COVERAGE.—A erage under a large employer plan shall be TITLE VII—HEALTH PROMOTION AND health plan shall provide that if an individ- renewed at the option of the individual, if DISEASE PREVENTION ual under such plan is in a period of continu- such individual remains eligible for coverage Sec. 7001. Disease prevention and health pro- ous coverage as of the date of enrollment under the plan. motion programs treated as under such plan, any period of exclusion of (e) GROUNDS FOR REFUSAL TO RENEW.—A medical care. coverage with respect to a preexisting condi- health plan may refuse to renew a policy Sec. 7002. Worksite wellness grant program. tion shall be reduced by 1 month for each only in the case of— Sec. 7003. Expanding and improving school month in the period of continuous coverage. (1) the nonpayment of premiums; health education. (3) DEFINITIONS.—For purposes of this sub- (2) fraud on the part of the employer or in- section: TITLE VIII—TAX INCENTIVES FOR LONG- dividual relating to such plan; or (A) PERIOD OF CONTINUOUS COVERAGE.— TERM CARE (3) the misrepresentation by the employer (i) IN GENERAL.—The term ‘‘period of con- or individual of material facts relating to an Sec. 8001. Short title. tinuous coverage’’ means the period begin- application for coverage of a claim or bene- Sec. 8002. Amendment of 1986 Code. ning on the date an individual is enrolled fit. Subtitle A—Tax Treatment of Long-Term under a health plan or an equivalent health (f) NOTIFICATION OF AVAILABILITY.—Each Care Insurance care program and ends on the date the indi- health plan sponsor shall publicly disclose Sec. 8101. Qualified long-term care services vidual is not so enrolled for a continuous pe- the availability of each health plan that treated as medical care. riod of more than 3 months. such sponsor provides or offers in a small Sec. 8102. Treatment of long-term care in- (ii) EQUIVALENT HEALTH CARE PROGRAM.— group market. Such disclosure shall be ac- surance. The term ‘‘equivalent health care program’’ companied by information describing the Sec. 8103. Treatment of qualified long-term means— method by which eligible employers and in- care plans. (I) part A or part B of the medicare pro- dividuals may enroll in such plans. Sec. 8104. Tax reserves for qualified long- gram under title XVIII of the Social Secu- term care insurance policies. rity Act (42 U.S.C. 1395 et seq.), SEC. 1003. RATING LIMITATIONS. Sec. 8105. Tax treatment of accelerated (II) the medicaid program under title XIX (a) IN GENERAL.—A health plan offering death benefits under life insur- of the Social Security Act (42 U.S.C. 1396 et coverage in the small group market shall ance contracts. seq.), comply with the standards developed under Sec. 8106. Tax treatment of companies issu- (III) the health care program for active this section. ing qualified accelerated death military personnel under title 10, United (b) ROLE OF NAIC.—The Secretary shall re- benefit riders. States Code, quest that the NAIC— Subtitle B—Standards For Long-Term Care (IV) the veterans health care program (1) develop specific standards in the form Insurance under chapter 17 of title 38, United States of a model Act and model regulations that Code, provide for the implementation of the rating Sec. 8201. National Long-Term Care Insur- (V) the Civilian Health and Medical Pro- limitations described in subsection (d); and ance Advisory Council. gram of the Uniformed Services (2) report to the Secretary concerning such Sec. 8202. Additional requirements for issu- (CHAMPUS), as defined in section 1073(4) of standards within 6 months after the date of ers of long-term care insurance title 10, United States Code, and enactment of this Act. policies. (VI) the Indian health service program (c) ROLE OF THE SECRETARY.—The Sec- Sec. 8203. Coordination with State require- under the Indian Health Care Improvement retary, upon review of the report received ments. Act (25 U.S.C. 1601 et seq.). under subsection (b)(2), shall not later than Sec. 8204. Uniform language and definitions. (B) PREEXISTING CONDITION.—The term January 1, 1997, promulgate final standards Subtitle C—Incentives to Encourage the ‘‘preexisting condition’’ means, with respect implementing this section. Such standards Purchase of Private Insurance to coverage under a health plan, a condition shall be the applicable health plan standards Sec. 8301. Assets or resources disregarded which was diagnosed, or which was treated, under this section. under the medicaid program. within the 3-month period ending on the day (d) RATING STANDARDS.—The standards de- Sec. 8302. Distributions from individual re- before the date of enrollment (without re- scribed in this section shall provide for the tirement accounts for the pur- gard to any waiting period). following: chase of long-term care insur- (c) LIMITATIONS PROHIBITED.— (1) A determination of factors that health ance coverage. (1) IN GENERAL.—A health plan may not im- plans may use to vary the premium rates of Subtitle D—Effective Date pose a lifetime limitation on the provision of such plans. Such factors— benefits under the plan. (A) shall be applied in a uniform fashion to Sec. 8401. Effective date of tax provisions. (2) RULE OF CONSTRUCTION.—The prohibi- all enrollees covered by a plan; TITLE IX—BUDGET NEUTRALITY tion contained in paragraph (1) shall not be (B) shall include age (as specified in para- Sec. 9001. Assurance of budget neutrality. construed as prohibiting limitations on the graph (3)), family type, and geography; and S 1764 CONGRESSIONAL RECORD — SENATE January 30, 1995

(C) except as provided in paragraph (2)(A), (1) IN GENERAL.—A requirement or stand- (5) Worker’s compensation or similar in- shall not include gender, health status, or ard imposed on a health plan under this Act surance. health expenditures. shall be deemed to be a requirement or (6) Automobile medical-payment insur- (2)(A) Factors prohibited under paragraph standard imposed on the insurer or sponsor ance. (1)(C) shall be phased out over a period not to of such plan. (7) A long-term care insurance policy, in- exceed 3 years after the effective date of this (2) PREEMPTION OF STATE LAW.— cluding a nursing home fixed indemnity pol- section. (A) IN GENERAL.—No requirement of this icy (unless the Secretary determines that (B) Other rating factors (other than age) title shall be construed as preempting any such a policy provides sufficiently com- may be phased out to the extent necessary to State law unless such State law directly con- prehensive coverage of a benefit so that it minimize market disruption and maximize flicts with such requirement. The provision should be treated as a health plan). coverage rates. of additional consumer protections under (8) Any plan or arrangement not described (3) Uniform age categories and age adjust- State law as described in subparagraph (B) in any preceding subparagraph which pro- ment factors that reflect the relative actuar- shall not be considered to directly conflict vides for benefit payments, on a periodic ial costs of benefit packages among enroll- with any such requirement. basis, for a specified disease or illness or pe- ees. By the end of the 3-year period begin- (B) CONSUMER PROTECTION LAWS.—State riod of hospitalization without regard to the ning on the effective date of this section, for laws referred to in subparagraph (A) that are costs incurred or services rendered during individuals who have attained age 18 but not not preempted by this title include— the period to which the payments relate. age 65, the highest age adjustment factor (i) laws that limit the exclusions or limita- (9) Such other plan or arrangement as the may not exceed 3 times the lowest age ad- tions for preexisting medical conditions to Secretary determines is not a health plan. justment factor. periods that are less than those provided for (b) TERMS AND RULES RELATING TO THE (e) DISCOUNTS.—Standards developed under under section 1001; SMALL GROUP AND LARGE EMPLOYER MAR- this section shall permit health plans to pro- (ii) laws that limit variations in premium KETS.—For purposes of this title and title II: vide premium discounts based on workplace rates beyond the variations permitted under (1) SMALL GROUP MARKET.—The term health promoting activities. section 1003; and ‘‘small group market’’ means the market for SEC. 1004. DELIVERY SYSTEM QUALITY STAND- (iii) laws that would expand the small health plans which is composed of small em- ARDS. group market in excess of that provided for ployers and individual purchasers. (a) IN GENERAL.—Each health plan shall under this title. (2) SMALL EMPLOYER.—The term ‘‘small comply with the standards developed under (C) LIMITED PREEMPTION OF STATE MAN- employer’’ means, with respect to any cal- this section. DATED BENEFITS.—No State law or regulation endar year, any employer if, on each of 20 (b) ROLE OF THE SECRETARY.—Not later in effect in a State that requires health days during the preceding calendar year than 9 months after the date of enactment of plans offered to small employers in the State (each day being in a different week), such this Act, the Secretary, in consultation with to include specified items and services other employer (or any predecessor) employed less the NAIC and other organizations with ex- than those described in section 1005(b)(2)(B) than 51 employees for some portion of the pertise in the areas of quality assurance (in- shall apply with respect to a health plan of- day. cluding the Joint Commission on Accredita- fered by an insurer to a small employer. (3) INDIVIDUAL PURCHASER.—The term ‘‘in- tion of Health Care Organizations, the Na- (b) REGULATIONS.—The Secretary, in con- dividual purchaser’’ means an individual who tional Committee for Quality Assurance, and sultation with NAIC, and the Secretary of is not eligible to enroll in a health plan spon- peer review organizations), shall establish Labor are each authorized to issue regula- sored by a large or small employer. minimum guidelines specified in subsection tions as are necessary to implement this (4) LARGE EMPLOYER MARKET.—The term (c) for the issuance by each State of delivery Act. ‘‘large employer market’’ means the market system quality standards. Such standards SEC. 1012. ENCOURAGEMENT OF STATE RE- for health plans which is composed of large shall be the applicable health plan standards FORMS. employers. under this section. Nothing in this Act shall be construed as (5) LARGE EMPLOYER.—The term ‘‘large em- (c) MINIMUM GUIDELINES.—The minimum prohibiting States from enacting health care ployer’’— guidelines specified in this subsection are as reform measures that exceed the measures (A) means an employer that is not a small follows: established under this Act, including reforms employer; and (1) Establishing and maintaining health that expand access to health care services, (B) includes a multiemployer plan as de- plan quality assurance, including— control health care costs, and enhance qual- fined in section 3(37) of the Employment Re- (A) quality management; ity of care. tirement Income Security Act of 1974 (29 U.S.C. 1002(37)) and a plan which is main- (B) credentialing; SEC. 1013. ENFORCEMENT OF STANDARDS. (C) utilization management; tained by a rural electric cooperative or a (a) IN GENERAL.—Except as provided in rural telephone cooperative association (D) health care provider selection and due subsection (b), each State shall require that process in selection; and (within the meaning of section 3(40) of such each health plan issued, sold, offered for sale, Act (29 U.S.C. 1002(40)). (E) practice guidelines and protocols. or operated in such State meets the insur- (c) ADDITIONAL DEFINITIONS.—For purposes (2) Providing consumer protection for ance reform standards established under this health plan enrollees, including— of this title and title II: title pursuant to an enforcement plan filed (1) NAIC.—The term ‘‘NAIC’’ means the (A) comparative standardized consumer in- by the State with, and approved by, the Sec- formation with respect to health plan pre- National Association of Insurance Commis- retary. If the State does not file an accept- sioners. miums and quality measures, including able plan, the Secretary shall enforce such (2) SECRETARY.—The term ‘‘Secretary’’ health care report cards; standards until a plan is filed and approved. (B) nondiscrimination in plan enrollment, means the Secretary of Health and Human (b) SECRETARY OF LABOR.—With respect to Services. disenrollment, and service provision; any health plan for which the application of (C) continuation of treatment with respect State insurance laws are preempted under TITLE II—GRANTS TO STATES FOR SMALL to health plans that become insolvent; and section 514 of Employee Retirement Income GROUP HEALTH INSURANCE PURCHAS- (D) grievance procedures. Security Act of 1974 (29 U.S.C. 1144), the en- ING ARRANGEMENTS (3) Ensuring reasonable access to health forcement of the insurance reform standards SEC. 2001. GRANTS TO STATES FOR SMALL care services, including access for vulnerable established under this title shall be by the GROUP HEALTH INSURANCE PUR- populations in underserved areas. Secretary of Labor. CHASING ARRANGEMENTS. SEC. 1005. RISK ADJUSTMENT. (a) IN GENERAL.—The Secretary shall make Subtitle C—Definitions Each health plan offering coverage in the grants to States that submit applications small group market in a State shall partici- SEC. 1021. DEFINITIONS. meeting the requirements of this section for pate in a risk adjustment program developed (a) HEALTH PLAN.—For purposes of this the establishment and operation of small by such State under standards established by title and title II, the term ‘‘health plan’’ group health insurance purchasing arrange- the Secretary. means a plan that provides, or pays the cost ments. SEC. 1006. EFFECTIVE DATES. of, health benefits. Such term does not in- (b) USE OF FUNDS.—Grant funds awarded (a) IN GENERAL.—Except as provided in clude the following, or any combination under this section to a State may be used to subsection (b), this title shall take effect on thereof: finance administrative costs associated with January 1, 1996. (1) Coverage only for accidental death, dis- developing and operating a small group (b) RATING LIMITATIONS AND RISK ADJUST- memberment, dental, or vision. health insurance purchasing arrangement, MENTS.—The standards promulgated under (2) Coverage providing wages or payments including the costs associated with— sections 1003 and 1005 shall apply to plans in lieu of wages for any period during which (1) engaging in marketing and outreach ef- that are issued or renewed after December the employee is absent from work on ac- forts to inform individuals and small em- 31, 1996. count of sickness or injury. ployers about the small group health insur- (3) A medicare supplemental policy (as de- ance purchasing arrangement, which may in- Subtitle B—Establishment and Application of fined in section 1882(g)(1) of the Social Secu- clude the payment of sales commissions; Standards rity Act (42 U.S.C. 1395ss(g)(1)). (2) negotiating with insurers to provide SEC. 1011. GENERAL RULES. (4) Coverage issued as a supplement to li- health insurance through the small group (a) CONSTRUCTION.— ability insurance. health insurance purchasing arrangement; or January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1765

(3) providing administrative functions, For taxable years begin- The applicable percent- ‘‘(3) SUBSIDIZED EXPENSES.—No expense such as eligibility screening, claims adminis- ning in: age is: shall be treated as a qualified health insur- 1994, 1995 and 1996 ...... 25 tration, and customer service. 1997 ...... 50 ance expense to the extent— (c) APPLICATION REQUIREMENTS.—An appli- 1998 and 1999 ...... 75 ‘‘(A) such expense is paid, reimbursed, or cation submitted by a State to the Secretary 2000 and thereafter ...... 100.’’ subsidized (whether by being disregarded for shall describe— (c) EFFECTIVE DATE.—The amendments purposes of another program or otherwise) (1) whether the program will be operated made by this section shall apply to taxable by the Federal Government, a State or local directly by the State or through 1 or more years beginning after December 31, 1993. government, or any agency or instrumental- State-sponsored private organizations and SEC. 3002. CREDIT FOR HEALTH INSURANCE EX- ity thereof, and the details of such operation; PENSES. ‘‘(B) the payment, reimbursement, or sub- (2) program goals for reducing the cost of (a) IN GENERAL.—Subpart C of part IV of sidy of such expense is not includible in the health insurance for, and increasing insur- subchapter A of chapter 1 of the Internal gross income of the recipient. ance coverage in, the small group market; Revenue Code of 1986 (relating to refundable ‘‘(e) REGULATIONS.—The Secretary shall (3) the approaches proposed for enlisting personal credits) is amended by inserting prescribe such regulations as may be nec- participation by insurers and small employ- after section 34 the following new section: essary to carry out the purposes of this sec- ers, including any plans to use State funds to ‘‘SEC. 34A. HEALTH INSURANCE EXPENSES. tion.’’. subsidize the cost of insurance for participat- ‘‘(a) ALLOWANCE OF CREDIT.— (b) ADVANCE PAYMENT OF CREDIT.— ing individuals and employers; and ‘‘(1) IN GENERAL.—In the case of an eligible (1) IN GENERAL.—Chapter 25 of the Internal (4) the methods proposed for evaluating the individual, there shall be allowed as a credit Revenue Code of 1986 is amended by inserting effectiveness of the program in reducing the against the tax imposed by this subtitle for after section 3507 the following new section: number of uninsured in the State and on the taxable year an amount equal to the ap- lowering the cost of health insurance for the plicable percentage of the qualified health ‘‘SEC. 3507A. ADVANCE PAYMENT OF HEALTH IN- insurance expenses paid by such individual SURANCE EXPENSES CREDIT. small group market in the State. during the taxable year. ‘‘(a) GENERAL RULE.—Except as otherwise (d) GRANT CRITERIA.—In awarding grants, ‘‘(2) APPLICABLE PERCENTAGE.—For pur- provided in this section, every employer the Secretary shall consider the potential poses of paragraph (1), the term ‘applicable making payment of wages with respect to impact of the State’s proposal on the cost of percentage’ means 60 percent reduced (but whom a health insurance expenses eligibility health insurance for the small group market not below zero) by 10 percentage points for certificate is in effect shall, at the time of and on the number of uninsured, and the each $1,000 (or fraction thereof) by which the need for regional variation in the awarding paying such wages, make an additional pay- taxpayer’s adjusted gross income for the tax- of grants. To the extent the Secretary deems ment equal to such employee’s dependent able year exceeds the applicable dollar care advance amount. appropriate, grants shall be awarded to fund amount. programs employing a variety of approaches ‘‘(b) HEALTH INSURANCE EXPENSES ELIGI- ‘‘(3) APPLICABLE DOLLAR AMOUNT.—For pur- BILITY CERTIFICATE.—For purposes of this for establishing small group health insur- poses of this subsection, the term ‘applicable ance purchasing arrangements. title, a health insurance expenses eligibility dollar amount’ means— certificate is a statement furnished by an (e) PROHIBITION ON GRANTS.—No grant ‘‘(A) in the case of a taxpayer filing a joint funds shall be paid to States that do not employee to the employer which— return, $28,000, ‘‘(1) certifies that the employee will be eli- meet the requirements of this title with re- ‘‘(B) in the case of any other taxpayer spect to small group health plans, or to gible to receive the credit provided by sec- (other than a married individual filing a sep- tion 34A for the taxable year, States with group purchasing programs in- arate return), $18,000, and volving small group health plans that do not ‘‘(2) certifies that the employee does not ‘‘(C) in the case of a married individual fil- have a health insurance expenses eligibility meet the requirements of this title. ing a separate return, zero. (f) ANNUAL REPORT BY STATES.—States re- certificate in effect for the calendar year For purposes of this subsection, the rule of ceiving grants under this section shall report with respect to the payment of wages by an- section 219(g)(4) shall apply. to the Secretary annually on the numbers other employer, ‘‘(b) QUALIFIED HEALTH INSURANCE EX- and rates of participation by eligible insur- ‘‘(3) states whether or not the employee’s PENSES.—For purposes of this section— ers and small employers, on the estimated spouse has a health insurance expenses eligi- ‘‘(1) IN GENERAL.—The term ‘qualified impact of the program on reducing the num- bility certificate in effect, and health insurance expenses’ means amounts ber of uninsured, and on the cost of insur- ‘‘(4) estimates the amount of qualified paid during the taxable year for insurance ance available to the small group market in health insurance expenses (as defined in sec- which constitutes medical care (within the the State. tion 34A(b)) for the calendar year. meaning of section 213(d)(1)(C)). For purposes UTHORIZATION OF APPROPRIATIONS.— (g) A of the preceding sentence, the rules of sec- For purposes of this section, a certificate There are authorized to be appropriated for tion 213(d)(6) shall apply. shall be treated as being in effect with re- each of the fiscal years 1996, 1997, and 1998, ‘‘(2) DOLLAR LIMIT ON QUALIFIED HEALTH IN- spect to a spouse if such a certificate will be such sums as may be necessary to carry out SURANCE EXPENSES.—The amount of the in effect on the first status determination this section. qualified health insurance expenses paid dur- date following the date on which the em- (h) SECRETARIAL REPORT.—The Secretary ing any taxable year which may be taken ployee furnishes the statement in question. shall report to Congress by not later than into account under subsection (a)(1) shall not ‘‘(c) HEALTH INSURANCE EXPENSES ADVANCE January 1, 1997, on the number and amount exceed $1,200 ($2,400 in the case of a taxpayer AMOUNT.— of grants awarded under this section, and in- filing a joint return). ‘‘(1) IN GENERAL.—For purposes of this clude with such report an evaluation of the ‘‘(3) ELECTION NOT TO TAKE CREDIT.—A tax- title, the term ‘health insurance expenses impact of the grant program on the number payer may elect for any taxable year to have advance amount’ means, with respect to any of uninsured and cost of health insurance to amounts described in paragraph (1) not payroll period, the amount determined— small group markets in participating States. treated as qualified health insurance ex- ‘‘(A) on the basis of the employee’s wages penses. from the employer for such period, TITLE III—TAX INCENTIVES TO ENCOUR- ‘‘(B) on the basis of the employee’s esti- AGE THE PURCHASE OF HEALTH INSUR- ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this section, the term ‘eligible individual’ mated qualified health insurance expenses ANCE means, with respect to any period, an indi- included in the health insurance expenses SEC. 3001. PERMANENT EXTENSION AND IN- vidual who is not covered during such period eligibility certificate, and CREASE OF DEDUCTION FOR by a health plan maintained by an employer ‘‘(C) in accordance with tables provided by HEALTH INSURANCE COSTS OF of such individual or such individual’s the Secretary. SELF-EMPLOYED INDIVIDUALS. spouse. ‘‘(2) ADVANCE AMOUNT TABLES.—The tables (a) DEDUCTION MADE PERMANENT.—Section ‘‘(d) SPECIAL RULES.—For purposes of this referred to in paragraph (1)(C) shall be simi- 162(l) of the Internal Revenue Code of 1986 section— lar in form to the tables prescribed under (relating to special rules for health insur- ‘‘(1) COORDINATION WITH ADVANCE PAYMENT section 3402(a) and, to the maximum extent ance costs of self-employed individuals) is AND MINIMUM TAX.—Rules similar to the rules feasible, shall be coordinated with such ta- amended by striking paragraph (6). of subsections (g) and (h) of section 32 shall bles and the tables prescribed under section (b) INCREASE IN DEDUCTION.—Section 162(l) apply to any credit to which this section ap- 3507(c). of such Code, as amended by subsection (a), plies. ‘‘(d) OTHER RULES.—For purposes of this is amended— ‘‘(2) MEDICARE-ELIGIBLE INDIVIDUALS.—No section, rules similar to the rules of sub- (1) by striking ‘‘25 percent’’ in paragraph expense shall be treated as a qualified health sections (d) and (e) of section 3507 shall (1) and inserting ‘‘the applicable percent- insurance expense if it is an amount paid for apply. age’’, and insurance for an individual for any period ‘‘(e) REGULATIONS.—The Secretary shall (2) by adding at the end the following new with respect to which such individual is enti- prescribe such regulations as may be nec- paragraph: tled (or, on application without the payment essary to carry out the purposes of this sec- ‘‘(6) APPLICABLE PERCENTAGE.—For pur- of an additional premium, would be entitled tion.’’. poses of paragraph (1), the applicable per- to) benefits under part A of title XVIII of the (2) CONFORMING AMENDMENT.—The table of centage shall be determined as follows: Social Security Act. sections for chapter 25 of such Code is S 1766 CONGRESSIONAL RECORD — SENATE January 30, 1995

amended by adding after the item relating to shall not have more than 1 mandatory serv- (c) EFFECTIVE DATE.—The amendments section 3507 the following new item: ice period. made by this section shall apply to taxable ‘‘Sec. 3507A. Advance payment of health in- ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For years beginning after December 31, 1994. purposes of this section— surance expenses credit.’’. SEC. 4002. EXPENSING OF MEDICAL EQUIPMENT. ‘‘(1) BUREAU.—The term ‘Bureau’ means (c) COORDINATION WITH DEDUCTIONS FOR the Bureau of Primary Health Care, Health (a) IN GENERAL.—Paragraph (1) of section HEALTH INSURANCE EXPENSES.— Resources and Services Administration of 179(b) of the Internal Revenue Code of 1986 (1) SELF-EMPLOYED INDIVIDUALS.—Section the United States Public Health Service. (relating to dollar limitation on expensing of 162(l) of the Internal Revenue Code of 1986, as ‘‘(2) QUALIFIED PRACTITIONER.—The term certain depreciable business assets) is amended by section 8001, is further amended ‘qualified practitioner’ means a physician, a amended to read as follows: by adding after paragraph (6) the following ‘‘(1) DOLLAR LIMITATION.— new paragraph: physician assistant, a nurse practitioner, or a certified nurse-midwife. ‘‘(A) GENERAL RULE.—The aggregate cost ‘‘(7) COORDINATION WITH HEALTH INSURANCE ‘‘(3) PHYSICIAN.—The term ‘physician’ has which may be taken into account under sub- PREMIUM CREDIT.—Paragraph (1) shall not the meaning given to such term by section section (a) for any taxable year shall not ex- apply to any amount taken into account in ceed $17,500. computing the amount of the credit allowed 1861(r) of the Social Security Act. ‘‘(B) HEALTH CARE PROPERTY.—The aggre- under section 34A.’’. ‘‘(4) PHYSICIAN ASSISTANT; NURSE PRACTI- gate cost which may be taken into account (2) MEDICAL, DENTAL, ETC., EXPENSES.—Sub- TIONER.—The terms ‘physician assistant’ and under subsection (a) shall be increased by section (e) of section 213 of such Code is ‘nurse practitioner’ have the meanings given the lesser of— amended by inserting ‘‘or section 34A’’ after to such terms by section 1861(aa)(5) of the ‘‘(i) the cost of section 179 property which ‘‘section 21’’. Social Security Act. is health care property placed in service dur- (d) CLERICAL AMENDMENT.—The table of ‘‘(5) CERTIFIED NURSE-MIDWIFE.—The term sections for subpart A of part IV of sub- ‘certified nurse-midwife’ has the meaning ing the taxable year, or chapter A of chapter 1 of the Internal Reve- given to such term by section 1861(gg)(2) of ‘‘(ii) $10,000.’’ nue Code of 1986 is amended by inserting the Social Security Act. (b) DEFINITION.—Section 179(d) of such Code after the item relating to section 34 the fol- ‘‘(6) PRIMARY HEALTH SERVICES.—The term (relating to definitions) is amended by add- lowing new item: ‘primary health services’ has the meaning ing at the end the following new paragraph: given such term by section 330(b)(1) of the ‘‘(11) HEALTH CARE PROPERTY.—For pur- ‘‘Sec. 34A. Health insurance expenses.’’. Public Health Service Act. poses of this section, the term ‘health care (e) EFFECTIVE DATE.—The amendments ‘‘(7) HEALTH PROFESSIONAL SHORTAGE property’ means section 179 property— made by this section shall apply to taxable AREA.—The term ‘health professional short- ‘‘(A) which is medical equipment used in years beginning after December 31, 1995. age area’ has the meaning given such term the screening, monitoring, observation, diag- TITLE IV—INCENTIVES TO INCREASE THE by section 332(a)(1)(A) of the Public Health nosis, or treatment of patients in a labora- ACCESS OF RURAL AND UNDERSERVED Service Act. tory, medical, or hospital environment, AREAS TO HEALTH CARE ‘‘(e) RECAPTURE OF CREDIT.— ‘‘(B) which is owned (directly or indirectly) SEC. 4001. NONREFUNDABLE CREDIT FOR CER- ‘‘(1) IN GENERAL.—If there is a recapture and used by a physician (as defined in sec- TAIN PRIMARY HEALTH SERVICES event during any taxable year, then— tion 1861(r) of the Social Security Act) in the PROVIDERS. ‘‘(A) no credit shall be allowed under sub- active conduct of such physician’s full-time (a) IN GENERAL.—Subpart A of part IV of section (a) for such taxable year and any suc- trade or business of providing primary subchapter A of chapter 1 of the Internal ceeding taxable year, and health services (as defined in section 330(b)(1) Revenue Code of 1986 (relating to nonrefund- ‘‘(B) the tax of the taxpayer under this of the Public Health Service Act) in a health able personal credits) is amended by insert- chapter for such taxable year shall be in- professional shortage area (as defined in sec- ing after section 22 the following new sec- creased by an amount equal to the product tion 332(a)(1)(A) of the Public Health Service tion: of— Act), and ‘‘SEC. 23. PRIMARY HEALTH SERVICES PROVID- ‘‘(i) the applicable percentage, and ‘‘(C) substantially all the use of which is in ERS. ‘‘(ii) the aggregate unrecaptured credits al- such area.’’ ‘‘(a) ALLOWANCE OF CREDIT.—There shall be lowed to such taxpayer under this section for (c) RECAPTURE.—Paragraph (10) of section allowed as a credit against the tax imposed all prior taxable years. 179(d) of such Code is amended by inserting by this chapter for the taxable year an ‘‘(2) APPLICABLE RECAPTURE PERCENTAGE.— before the period ‘‘and with respect to any amount equal to the product of— ‘‘(A) IN GENERAL.—For purposes of this sub- health care property which ceases (other ‘‘(1) the number of months during such tax- section, the applicable recapture percentage than by an area failing to be treated as a able year— shall be determined from the following table: health professional shortage area) to be ‘‘(A) during which the taxpayer is a quali- ‘‘If the recapture The applicable recap- health care property at any time’’. fied primary health services provider, and event occurs ture percentage is: (d) EFFECTIVE DATE.—The amendments ‘‘(B) which are within the taxpayer’s man- during: made by this section shall apply to property datory service period, and Months 1–24 ...... 100 placed in service in taxable years beginning ‘‘(2) $1,000 ($500 in the case of a qualified Months 25–36 ...... 75 after December 31, 1994. practitioner who is not a physician). Months 37–48 ...... 50 ‘‘(b) QUALIFIED PRIMARY HEALTH SERVICES Months 49–60 ...... 25 SEC. 4003. EXPANDED SERVICES FOR MEDICALLY UNDERSERVED INDIVIDUALS. PROVIDER.—For purposes of this section, the Month 61 or there- term ‘qualified primary health services pro- after ...... 0. (a) IN GENERAL.—Subpart I of part D of vider’ means, with respect to any month, ‘‘(B) TIMING.—For purposes of subpara- title III of the Public Health Service Act (42 any qualified practitioner who— graph (A), month 1 shall begin on the first U.S.C. 254b et seq.) (as amended by section ‘‘(1) has in effect a certification by the Bu- day of the mandatory service period. 313) is amended by adding at the end the fol- reau as a provider of primary health services ‘‘(3) RECAPTURE EVENT DEFINED.— lowing new section: ‘‘(A) IN GENERAL.—For purposes of this sub- and such certification is, when issued, for a ‘‘SEC. 330B. EXPANDED SERVICES FOR MEDI- health professional shortage area in which section, the term ‘recapture event’ means CALLY UNDERSERVED INDIVIDUALS. the failure of the taxpayer to be a qualified the qualified practitioner is commencing the ‘‘(a) ESTABLISHMENT OF HEALTH SERVICES primary health services provider for any providing of primary health services, ACCESS PROGRAM.—From amounts appro- ‘‘(2) is providing primary health services month during the taxpayer’s mandatory priated under this section, the Secretary full time in the health professional shortage service period. shall, acting through the Bureau of Health area identified in such certification, and ‘‘(B) SECRETARIAL WAIVER.—The Secretary, Care Delivery Assistance, award grants ‘‘(3) has not received a scholarship under in consultation with the Secretary of Health under this section to federally qualified the National Health Service Corps Scholar- and Human Services, may waive any recap- health centers (hereinafter referred to in this ship Program or any loan repayments under ture event caused by extraordinary cir- section as ‘FQHC’s’) and other entities and the National Health Service Corps Loan Re- cumstances. organizations submitting applications under payment Program. ‘‘(4) NO CREDITS AGAINST TAX; MINIMUM this section (as described in subsection (c)) For purposes of paragraph (2) and subsection TAX.—Any increase in tax under this sub- for the purpose of providing access to serv- (e)(3), a provider shall be treated as provid- section shall not be treated as a tax imposed ices for medically underserved populations ing services in a health professional shortage by this chapter for purposes of determining (as defined in section 330(b)(3)) or in high im- area when such area ceases to be such an the amount of any credit under subpart A, B, pact areas (as defined in section 329(a)(5)) not area if it was such an area when the provider or D of this part or for purposes of section currently being served by a FQHC. 55.’’ commenced providing services in the area. ‘‘(b) ELIGIBILITY FOR GRANTS.— (b) CLERICAL AMENDMENT.—The table of ‘‘(c) MANDATORY SERVICE PERIOD.—For pur- ‘‘(1) IN GENERAL.—The Secretary shall poses of this section, the term ‘mandatory sections for subpart A of part IV of sub- award grants under this section to entities service period’ means the period of 60 con- chapter A of chapter 1 of such Code is or organizations described in this paragraph secutive calendar months beginning with the amended by inserting after the item relating and paragraph (2) which have submitted a first month the taxpayer is a qualified pri- to section 22 the following new item: proposal to the Secretary to expand such en- mary health services provider. A taxpayer ‘‘Sec. 23. Primary health services providers.’’ tities or organizations operations (including January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1767

expansions to new sites (as determined nec- ‘‘(B) preparing a description of how the ‘‘(3) EXPANDED SERVICES AND PROJECTS.— essary by the Secretary)) to serve medically needs identified will be met; and The Secretary shall give third priority in underserved populations or high impact ‘‘(C) development of an implementation awarding grants in subsequent years to those areas not currently served by a FQHC and plan that addresses— FQHCs or other entities which have provided which— ‘‘(i) recruitment and training of personnel; for expanded services and project and are ‘‘(A) have as of January 1, 1991, been cer- and able to demonstrate that such entity will tified by the Secretary as a FQHC under sec- ‘‘(ii) activities necessary to achieve oper- incur significant unreimbursed costs in pro- tion 1905(l)(2)(B) of the Social Security Act; ational status in order to meet FQHC re- viding such expanded services. or quirements under 1905(l)(2)(B) of the Social ‘‘(f) RETURN OF FUNDS TO SECRETARY FOR ‘‘(B) have submitted applications to the Security Act. COSTS REIMBURSED FROM OTHER SOURCES.— Secretary to qualify as FQHC’s under such ‘‘(2) RECRUITING, TRAINING AND COMPENSA- To the extent that an entity or organization section 1905(l)(2)(B); or TION OF STAFF.—From the amounts awarded receiving funds under this section is reim- ‘‘(C) have submitted a plan to the Sec- to an entity or organization under this sec- bursed from another source for the provision retary which provides that the entity will tion, funds may be used for the purposes of of services to an individual, and does not use meet the requirements to qualify as a FQHC paying for the costs of recruiting, training such increased reimbursement to expand when operational. and compensating staff (clinical and associ- services furnished, areas served, to com- ‘‘(2) NON FQHC ENTITIES.— ated administrative personnel (to the extent pensate for costs of unreimbursed services ‘‘(A) ELIGIBILITY.—The Secretary shall also such costs are not already reimbursed under provided to patients, or to promote recruit- make grants under this section to public or title XIX of the Social Security Act or any ment, training, or retention of personnel, private nonprofit agencies, health care enti- other State or Federal program)) to the ex- such excess revenues shall be returned to the ties or organizations which meet the require- tent necessary to allow the entity to operate Secretary. ments necessary to qualify as a FQHC ex- at new or expended existing sites. ‘‘(g) TERMINATION OF GRANTS.— cept, the requirement that such entity have ‘‘(3) FACILITIES AND EQUIPMENT.—From the ‘‘(1) FAILURE TO MEET FQHC REQUIRE- a consumer majority governing board and amounts awarded to an entity or organiza- MENTS.— which have submitted a proposal to the Sec- tion under this section, funds may be ex- retary to provide those services provided by pended for the purposes of acquiring facili- ‘‘(A) IN GENERAL.—With respect to any en- a FQHC as defined in section 1905(l)(2)(B) of ties and equipment but only for the cost of— tity that is receiving funds awarded under the Social Security Act and which are de- ‘‘(A) construction of new buildings (to the this section and which subsequently fails to signed to promote access to primary care extent that new construction is found to be meet the requirements to qualify as a FQHC services or to reduce reliance on hospital the most cost-efficient approach by the Sec- under section 1905(l)(2)(B) or is an entity emergency rooms or other high cost provid- retary); that is not required to meet the require- ers of primary health care services, provided ‘‘(B) acquiring, expanding, and moderniz- ments to qualify as a FQHC under section such proposal is developed by the entity or ing of existing facilities; 1905(l)(2)(B) of the Social Security Act but organizations (or such entities or organiza- ‘‘(C) purchasing essential (as determined fails to meet the requirements of this sec- tions acting in a consortium in a commu- by the Secretary) equipment; and tion, the Secretary shall terminate the nity) with the review and approval of the ‘‘(D) amortization of principal and pay- award of funds under this section to such en- Governor of the State in which such entity ment of interest on loans obtained for pur- tity. or organization is located. poses of site construction, acquisition, mod- ‘‘(B) NOTICE.—Prior to any termination of funds under this section to an entity, the en- ‘‘(B) LIMITATION.—The Secretary shall pro- ernization, or expansion, as well as necessary vide in making grants to entities or organi- equipment. tities shall be entitled to 60 days prior notice of termination and, as provided by the Sec- zations described in this paragraph that no ‘‘(4) SERVICES.—From the amounts awarded more than 10 percent of the funds provided to an entity or organization under this sec- retary in regulations, an opportunity to cor- for grants under this section shall be made tion, funds may be expanded for the payment rect any deficiencies in order to allow the available for grants to such entities or orga- of services but only for the costs of— entity to continue to receive funds under nizations. ‘‘(A) providing or arranging for the provi- this section. ‘‘(2) REQUIREMENTS.—Upon any termi- ‘‘(c) APPLICATION REQUIREMENTS.— sion of all services through the entity nec- nation of funding under this section, the Sec- ‘‘(1) IN GENERAL.—In order to be eligible to essary to qualify such entity as a FQHC receive a grant under this section, a FQHC or under section 1905(l)(2)(B) of the Social Secu- retary may (to the extent practicable)— other entity or organization must submit an rity Act; ‘‘(A) sell any property (including equip- application in such form and at such time as ‘‘(B) providing or arranging for any other ment) acquired or constructed by the entity the Secretary shall prescribe and which service that a FQHC may provide and be re- using funds made available under this sec- meets the requirements of this subsection. imbursed for under title XIX of such Act; tion or transfer such property to another FQHC, provided, that the Secretary shall re- ‘‘(2) REQUIREMENTS.—An application sub- and mitted under this section must provide— ‘‘(C) providing any unreimbursed costs of imburse any costs which were incurred by ‘‘(A)(i) for a schedule of fees or payments providing services as described in section the entity in acquiring or constructing such for the provision of the services provided by 330(a) to patients. property (including equipment) which were not supported by grants under this section; the entity designed to cover its reasonable ‘‘(e) PRIORITIES IN THE AWARDING OF and costs of operations; and GRANTS.— ‘‘(B) recoup any funds provided to an en- ‘‘(ii) for a corresponding schedule of dis- ‘‘(1) CERTIFIED FQHC’s.—The Secretary shall counts to be applied to such fees or pay- give priority in awarding grants under this tity terminated under this section. ments, based upon the patient’s ability to section to entities which have, as of January ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— pay (determined by using a sliding scale for- 1, 1991, been certified as a FQHC under sec- There are authorized to be appropriated such mula based on the income of the patient); tion 1905(l)(2)(B) of the Social Security Act sums as may be necessary for each of the fis- ‘‘(B) assurances that the entity or organi- and which have submitted a proposal to the cal years 1996 through 1999 to carry out this zation provides services to persons who are Secretary to expand their operations (includ- section.’’. eligible for benefits under title XVIII of the ing expansion to new sites) to serve medi- (b) EFFECTIVE DATE.—The amendment Social Security Act, for medical assistance cally underserved populations for high im- made by subsection (a) shall become effec- under title XIX of such Act or for assistance pact areas not currently served by a FQHC. tive with respect to services furnished by a for medical expenses under any other public The Secretary shall give first priority in federally qualified health center or other assistance program or private health insur- awarding grants under this section to those qualifying entity described in this section ance program; and FQHCs or other entities which propose to beginning on or after October 1, 1996. ‘‘(C) assurances that the entity or organi- serve populations with the highest degree of SEC. 4004. INCREASE IN NATIONAL HEALTH zation has made and will continue to make unmet need, and which can demonstrate the SERVICE CORPS AND AREA HEALTH every reasonable effort to collect reimburse- ability to expand their operations in the EDUCATION CENTER FUNDING. ment for services— most efficient manner. (a) NATIONAL HEALTH SERVICE CORPS.—Sec- ‘‘(i) from persons eligible for assistance ‘‘(2) QUALIFIED FQHC’s.—The Secretary tion 338H(b)(1) of the Public Health Service under any of the programs described in sub- shall give second priority in awarding grants Act (42 U.S.C. 254q(b)(1)) is amended— paragraph (B); and to entities which have submitted applica- (1) by striking ‘‘1991, and’’ and inserting ‘‘(ii) from patients not entitled to benefits tions to the Secretary which demonstrate ‘‘1991,’’; and under any such programs. that the entity will qualify as a FQHC under (2) by striking ‘‘through 2000’’ and insert- ‘‘(d) LIMITATIONS ON USE OF FUNDS.— section 1905(l)(2)(B) of the Social Security ing ‘‘, 1994, and 1995, and $20,000,000 for each ‘‘(1) IN GENERAL.—From the amounts Act before it provides or arranges for the of the fiscal years 1996 through 2000’’. awarded to an entity or organization under provision of services supported by funds (b) AREA HEALTH EDUCATION CENTERS.— this section, funds may be used for purposes awarded under this section, and which are Section 746(i)(1) of such Act (42 U.S.C. of planning but may only be expended for the serving or proposing to serve medically un- 293j(i)(1)) is amended— costs of— derserved populations or high impact areas (1) in subparagraph (A), by striking ‘‘1995’’ ‘‘(A) assessing the needs of the populations which are not currently served (or proposed and inserting ‘‘1995, and $20,000,000 for each of or proposed areas to be served; to be served) by a FQHC. the fiscal years 1996 through 2000’’; and S 1768 CONGRESSIONAL RECORD — SENATE January 30, 1995

(2) in subparagraph (C), by striking ‘‘and (1) GRANT PROCESS.—The Secretary shall, Subtitle B—Administrative Simplification 1995’’ and inserting ‘‘1995, and $20,000,000 for through a competitive grantmaking process, PART 1—PURPOSE AND DEFINITIONS each of the fiscal years 1996 through 2000’’. award demonstration grants for the estab- SEC. 5101. PURPOSE. SEC. 4005. ASSISTANT SECRETARY FOR RURAL lishment and operation of quality improve- HEALTH. ment foundations. In awarding such grants It is the purpose of this subtitle to improve the efficiency and effectiveness of the health (a) APPOINTMENT OF ASSISTANT SEC- the Secretary shall consider geographic di- care system, including the medicare program RETARY.— versity, regional economics of scale, popu- under title XVIII of the Social Security Act (1) IN GENERAL.—Section 711(a) of the So- lation density, regional needs and other re- cial Security Act (42 U.S.C. 912(a)) is amend- gional differences. and the medicaid program under title XIX of ed— (2) ELIGIBLE APPLICANTS.—To be eligible to such Act, by encouraging the development of (A) by striking ‘‘by a Director, who shall receive a grant for the establishment of a a health information network through the advise the Secretary’’ and inserting ‘‘by an quality improvement foundation under para- establishment of standards and requirements Assistant Secretary for Rural Health (in this graph (1), and applicant entity shall— for the electronic transmission of certain section referred to as the ‘Assistant Sec- (A) be a not-for-profit entity; and health information. retary’), who shall report directly to the Sec- (B) have a board that includes health care SEC. 5102. DEFINITIONS. retary’’; and providers, representatives from relevant in- For purposes of this subtitle: (B) by adding at the end the following new stitutions of higher education in the region, (1) CERTIFIED.—The term ‘‘certified’’ sentence: ‘‘The Office shall not be a compo- consumers, purchasers of health care, and means, with respect to a health information nent of any other office, service, or compo- other interested parties. network service, that such service is cer- nent of the Department.’’. (b) DUTIES.— tified under section 5141. (2) CONFORMING AMENDMENTS.—(A) Section (1) IN GENERAL.—Each quality improve- (2) CODE SET.—The term ‘‘code set’’ means 711(b) of the Social Security Act (42 U.S.C. ment foundation shall carry out the duties any set of codes used for encoding data ele- 912(b)) is amended by striking ‘‘the Director’’ described in paragraph (2). The foundation ments, such as tables of terms, medical con- and inserting ‘‘the Assistant Secretary’’. shall establish a program of activities incor- cepts, medical diagnostic codes, or medical (B) Section 338J(a) of the Public Health porating such duties and shall be able to procedure codes. Service Act (42 U.S.C. 254r(a)) is amended by demonstrate the involvement of a broad (3) COORDINATION OF BENEFITS.—The term striking ‘‘Director of the Office of Rural cross-section of the providers and health ‘‘coordination of benefits’’ means determin- Health Policy’’ and inserting ‘‘Assistant Sec- care institutions throughout the State or re- ing and coordinating the financial obliga- retary for Rural Health’’. gion. tions of health plans when health care bene- (C) Section 464T(b) of the Public Health (2) DUTIES DESCRIBED.—The duties de- fits are payable under two or more health Service Act (42 U.S.C. 285p–2(b)) is amended scribed in this paragraph include the follow- plans. in the matter preceding paragraph (1) by ing: (4) HEALTH CARE PROVIDER.—The term striking ‘‘Director of the Office of Rural (A) Collaboration with and technical as- ‘‘health care provider’’ includes a provider of Health Policy’’ and inserting ‘‘Assistant Sec- sistance to providers and health plans in on- services (as defined in section 1861(u) of the retary for Rural Health’’. going efforts to improve the quality of Social Security Act), a provider of medical (D) Section 6213 of the Omnibus Budget health care provided to individuals in the or other health services (as defined in sec- Reconciliation Act of 1989 (42 U.S.C. 1395x State. tion 1861(s) of the Social Security Act), and note) is amended in subsection (e)(1) by (B) Population-based monitoring of prac- any other person furnishing health care serv- striking ‘‘Director of the Office of Rural tice patterns and patient outcomes,on an ices or supplies. Health Policy’’ and inserting ‘‘Assistant Sec- other than a case-by-case basis. (5) HEALTH INFORMATION.—The term retary for Rural Health’’. (C) Developing programs in lifetime learn- ‘‘health information’’ means any informa- (E) Section 403 of the Ryan White Com- ing for health professionals to improve the tion, whether oral or recorded in any form or prehensive AIDS Resources Emergency Act quality of health care by ensuring that medium that— of 1990 (42 U.S.C. 300ff–11 note) is amended in health professionals remain informed about (A) is created or received by a health care the matter preceding paragraph (1) of sub- new knowledge, acquire new skills, and provider, health plan, health oversight agen- section (a) by striking ‘‘Director of the Of- adopt new roles as technology and societal cy (as defined in section 5202), health re- fice of Rural Health Policy’’ and inserting demands change. searcher, public health authority (as defined ‘‘Assistant Secretary for Rural Health’’. (D) Disseminating information about suc- in section 5202), employer, life insurer, (3) AMENDMENT TO THE EXECUTIVE SCHED- cessful quality improvement programs, prac- school or university, or certified health in- ULE.—Section 5315 of title 5, United States tice guidelines, and research findings, in- formation network service; and Code, is amended by striking ‘‘Assistant Sec- cluding information on innovative staffing of (B) relates to the past, present, or future retaries of Health and Human Services (5)’’ health professionals. physical or mental health or condition of an and inserting ‘‘Assistant Secretaries of (E) Assist in developing innovative patient individual, the provision of health care to an Health and Human Services (6)’’. education systems that enhance patient in- individual, or the past, present, or future (b) EXPANSION OF DUTIES.—Section 711(a) of volvement in decisions relating to their payment for the provision of health care to the Social Security Act (42 U.S.C. 912(a)) is health care, including an emphasis on shared an individual. amended by striking ‘‘and access to (and the decisionmaking between patients and health (6) HEALTH INFORMATION NETWORK.—The quality of) health care in rural areas’’ and care providers. term ‘‘health information network’’ means inserting ‘‘access to, and quality of, health (F) Issuing a report to the public regarding the health information system that is care in rural areas, and reforms to the health the foundation’s activities for the previous formed through the application of the re- care system and the implications of such re- year including areas of success during the quirements and standards established under forms for rural areas’’. previous year and areas for opportunities in this subtitle. (c) EFFECTIVE DATE.—The amendments improving health outcomes for the commu- (7) HEALTH INFORMATION PROTECTION ORGA- made by this section shall take effect on nity, and the adoption of guidelines. NIZATION.—The term ‘‘health information January 1, 1996. (c) RESTRICTIONS ON DISCLOSURE.—The re- protection organization’’ means a private en- SEC. 4006. STUDY ON TRANSITIONAL MEASURES strictions on disclosure of information under tity or an entity operated by a State that ac- TO ENSURE ACCESS. section 1160 of the Social Security Act shall cesses standard data elements of health in- (a) IN GENERAL.—The Prospective Payment apply to quality improvement foundations formation through the health information Assessment Commission shall conduct a under this section, except that— network and— study concerning the need for legislation or (1) such foundations shall make data avail- (A) processes such information into non- regulations to ensure that vulnerable popu- able to qualified organizations and individ- identifiable health information and discloses lations have adequate access to health plans uals for research for public benefit under the such information; and health care providers and services. terms set forth in section 5218; (B) if such information is protected health (b) REPORT.—Not later than 1 year after (2) individuals and qualified organizations information (as defined in section 5202), dis- the date of enactment of this Act, the Pro- shall meet standards consistent with the closes such information only in accordance spective Payment Assessment Commission Public Health Service Act and policies re- with subtitle C; and shall prepare and submit to Congress a re- garding the conduct of scientific research, (C) may store such information port concerning the findings and rec- including provisions related to confidential- (8) HEALTH INFORMATION NETWORK SERV- ommendations of the Commission based on ity, privacy, protection of humans and shall ICE.—The term ‘‘health information network the study conducted under subsection (a). pay reasonable costs for data; and service’’— (3) such foundations may exchange infor- (A) means a private entity or an entity op- TITLE V—QUALITY AND CONSUMER mation with other quality improvement erated by a State that enters into contracts PROTECTION foundations. to— Subtitle A—Quality Improvement (d) AUTHORIZATION OF APPROPRIATIONS.— (i) process or facilitate the processing of Foundations For the purpose of carrying out this section, nonstandard data elements of health infor- SEC. 5001. QUALITY IMPROVEMENT FOUNDA- the are authorized to be appropriated such mation into standard data elements; TIONS. sums as may be necessary for each of the fis- (ii) provide the means by which persons are (a) ESTABLISHMENT.— cal years 1996 through 2000. connected to the health information network January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1769

for purposes of meeting the requirements of claims status, and referral certification and (b) ADDITIONS AND MODIFICATIONS TO this subtitle, including the holding of stand- authorization; STANDARDS.— ard data elements of health information; (2) related to other transactions deter- (1) IN GENERAL.—Except as provided in (iii) provide authorized access to health in- mined appropriate by the Secretary consist- paragraph (2), the Secretary shall review the formation through the health information ent with the goals of improving the health standards adopted under this subtitle and network; or care system and reducing administrative shall adopt additional or modified standards (iv) provide specific information processing costs; and as determined appropriate, but no more fre- services, such as automated coordination of (3) related to research inquiries by a health quently than once every 6 months. Any addi- benefits and claims transaction routing; and researcher with respect to information tion or modification to standards shall be (B) includes a health information protec- standardized under paragraph (1) or (2). completed in a manner which minimizes the tion organization. (b) UNIQUE HEALTH IDENTIFIERS.—The Sec- disruption and cost of compliance. (9) HEALTH PLAN.—The term ‘‘health plan’’ retary shall adopt standards providing for a (2) SPECIAL RULES.— has the meaning given such term in section standard unique health identifier for each in- (A) FIRST 12-MONTH PERIOD.—Except with 1021(a). dividual, employer, health plan, and health respect to additions and modifications to (10) NON-IDENTIFIABLE HEALTH INFORMA- care provider for use in the health care sys- code sets under subparagraph (B), the Sec- TION.—The term ‘‘non-identifiable health in- tem. retary shall not adopt any modifications to formation’’ means health information that is (c) CODE SETS.— standards adopted under this subtitle during not protected health information as defined (1) IN GENERAL.—The Secretary, in con- the 12-month period beginning on the date in section 5202. sultation with experts from the private sec- such standards are adopted unless the Sec- (11) PATIENT MEDICAL RECORD INFORMA- tor and Federal agencies, shall— retary determines that a modification is nec- TION.—The term ‘‘patient medical record in- (A) select code sets for appropriate data essary in order to permit compliance with formation’’ means health information de- elements from among the code sets that have requirements relating to the standards. rived from a clinical encounter that relates been developed by private and public enti- (B) ADDITIONS AND MODIFICATIONS TO CODE to the physical or mental condition of an in- ties; or SETS.— dividual. (B) establish code sets for such data ele- (i) IN GENERAL.—The Secretary shall en- (12) STANDARD.—The term ‘‘standard’’ ments if no code sets for the data elements sure that procedures exist for the routine when referring to an information transaction have been developed. maintenance, testing, enhancement, and ex- or to data elements of health information (2) DISTRIBUTION.—The Secretary shall es- pansion of code sets. means the transaction or data elements tablish efficient and low-cost procedures for (ii) ADDITIONAL RULES.—If a code set is meet any standard adopted by the Secretary distribution of code sets and modifications modified under this subsection, the modified under part 2 that applies to such information made to such code sets under section 5113(b). code set shall include instructions on how transaction or data elements. (d) ELECTRONIC SIGNATURE.—The Sec- data elements that were encoded prior to the PART 2—STANDARDS FOR DATA ELE- retary, in coordination with the Secretary of modification are to be converted or trans- MENTS AND INFORMATION TRANS- Commerce, shall promulgate regulations lated so as to preserve the value of the data ACTIONS specifying procedures for the electronic elements. Any modification to a code set transmission and authentication of signa- under this subsection shall be implemented SEC. 5111. GENERAL REQUIREMENTS ON SEC- in a manner that minimizes the disruption RETARY. tures, compliance with which will be deemed to satisfy Federal and State statutory re- and cost of complying with such modifica- (a) IN GENERAL.—The Secretary shall adopt tion. standards and modifications to standards quirements for written signatures with re- (c) EVALUATION OF STANDARDS.—The Sec- under this subtitle that are— spect to information transactions required by this subtitle and written signatures on retary may establish a process to measure or (1) consistent with the objective of reduc- verify the consistency of standards adopted ing the costs of providing and paying for medical records and prescriptions. (e) SPECIAL RULES— or modified under this subtitle. Such process health care; may include demonstration projects and (2) in use and generally accepted or devel- (1) COORDINATION OF BENEFITS.—Any stand- ards adopted under subsection (a) that relate analysis of the cost of implementing such oped or modified by the standards setting or- standards and modifications. ganizations accredited by the American Na- to coordination of benefits shall provide that tional Standard Institute (ANSI); and a claim for reimbursement for medical serv- PART 3—REQUIREMENTS WITH RESPECT (3) consistent with the objective of protect- ices furnished is tested by an algorithm spec- TO CERTAIN TRANSACTIONS AND IN- ing the privacy of protected health informa- ified by the Secretary against all records FORMATION tion (as defined in section 5202). that are electronically available through the SEC. 5121. REQUIREMENTS ON HEALTH PLANS. health information network relating to en- (b) INITIAL STANDARDS.—The Secretary (a) IN GENERAL.—If a person desires to con- may develop an expedited process for the rollment and eligibility for the individual duct any of the transactions described in sec- adoption of initial standards under this sub- who received such services to determine any tion 5112(a) with a health plan as a standard title. primary and secondary obligors for payment. transaction, the health plan shall conduct (2) CLINICAL LABORATORY TESTS.— (c) FAILSAFE.—If the Secretary is unable to such standard transaction in a timely man- adopt standards or modified standards in ac- (A) IN GENERAL.—Except as provided in ner and the information transmitted or re- cordance with subsection (a) that meet the subparagraph (B), any standards adopted ceived in connection with such transaction requirements of this subtitle— under subsection (a) shall provide that shall be in the form of standard data ele- (1) the Secretary may develop or modify claims for clinical laboratory tests for which ments. benefits are payable by a plan sponsor shall such standards and, after providing public (b) SATISFACTION OF REQUIREMENTS.—A notice and an adequate period for public be submitted directly by the person or entity health plan may satisfy the requirement im- comment, adopt such standards; and that performed (or supervised the perform- posed on such plan under subsection (a) by (2) if the Secretary adopts standards under ance of) the tests to the sponsor in a manner directly transmitting standard data ele- paragraph (1), the Secretary shall submit a consistent with (and subject to such excep- ments or submitting nonstandard data ele- report to the appropriate committees of Con- tions as are provided under) the requirement ments to a certified health information net- gress on the actions taken by the Secretary for direct submission of such claims under work service for processing into standard under this subsection. the medicare program. data elements and transmission. XCEPTION (d) ASSISTANCE TO THE SECRETARY.—In (B) E .—Payment for a clinical laboratory test may be made— SEC. 5122. TIMETABLES FOR COMPLIANCE WITH complying with the requirements of this sub- REQUIREMENTS. (i) to a physician with whom the physician title, the Secretary shall rely on rec- (a) INITIAL COMPLIANCE.—Not later than 12 who performed or supervised the test shares ommendations of the Health Information Ad- months after the date on which standards a practice; or visory Committee established under section are adopted under part 2 with respect to any (ii) on a pre-paid, at-risk basis to the per- 5163 and shall consult with appropriate Fed- type of transaction or data elements, a son or entity who performs or supervises the eral agencies. health plan shall comply with the require- test. SEC. 5112. STANDARDS FOR TRANSACTIONS AND ments of this subtitle with respect to such DATA ELEMENTS. SEC. 5113. TIMETABLES FOR ADOPTION OF transaction or data elements. (a) IN GENERAL.—The Secretary shall adopt STANDARDS. (b) COMPLIANCE WITH MODIFIED STAND- standards for transactions and data elements (a) INITIAL STANDARDS.—The Secretary ARDS.— to make uniform and able to be exchanged shall adopt standards relating to the data (1) IN GENERAL.—If the Secretary adopts a electronically health information that is— elements and transactions for the informa- modified standard under part 2, a health plan (1) appropriate for the following financial tion described in section 5112(a) not later shall be required to comply with the modi- and administrative transactions: claims (in- than 9 months after the date of the enact- fied standard at such time as the Secretary cluding coordination of benefits) or equiva- ment of this subtitle (except in the case of determines appropriate taking into account lent encounter information, claims attach- standards for claims attachments which the time needed to comply due to the nature ments, enrollment and disenrollment, eligi- shall be adopted not later than 24 months and extent of the modification. bility, payment and remittance advice, pre- after the date of the enactment of this sub- (2) SPECIAL RULE.—In the case of modifica- mium payments, first report of injury, title). tions to standards that do not occur within S 1770 CONGRESSIONAL RECORD — SENATE January 30, 1995 the 12-month period beginning on the date actment of this subtitle and such standards the same manner as such provisions apply to such standards are adopted, the time deter- shall be effective upon adoption. the imposition of a penalty under section mined appropriate by the Secretary under (b) MODIFICATIONS TO STANDARDS.—The 1128A of the Social Security Act. paragraph (1) shall be no sooner than the last provisions of paragraphs (1) and (2)(A) of sec- (b) LIMITATIONS.— day of the 90-day period beginning on the tion 5114(b) shall apply to modifications to (1) NONCOMPLIANCE NOT DISCOVERED.—A date such modified standard is adopted and standards under this part. penalty may not be imposed under sub- no later than the last day of the 12 month pe- PART 5—STANDARDS AND CERTIFICATION section (a) if it is established to the satisfac- riod beginning on the date such modified FOR HEALTH INFORMATION NETWORK tion of the Secretary that the person liable standard is adopted. SEC. 5141. STANDARDS AND CERTIFICATION FOR for the penalty did not know, and by exercis- PART 4—ACCESSING HEALTH HEALTH INFORMATION NETWORK ing reasonable diligence would not have INFORMATION SERVICES. known, that such person failed to comply (a) STANDARDS FOR OPERATION.—The Sec- with the requirement or standard described SEC. 5131. ACCESS FOR AUTHORIZED PURPOSES. retary shall establish standards with respect in subsection (a). (a) IN GENERAL.—The Secretary shall adopt to the operation of health information net- (2) FAILURES DUE TO REASONABLE CAUSE.— technical standards for appropriate persons, work services ensuring that— (A) IN GENERAL.—Except as provided in including health plans, health care provid- (1) such services have policies and security subparagraph (B), a penalty may not be im- ers, certified health information network procedures that are consistent with the pri- posed under subsection (a) if— services, health researchers, and Federal and vacy requirements under subtitle C, includ- (i) the failure to comply was due to reason- State agencies, to locate and access the ing secure methods of access to and trans- able cause and not to willful neglect; and health information that is available through mission of data; and (ii) the failure to comply is corrected dur- the health information network due to the (2) such services, if they are part of a larg- ing the 30-day period beginning on the 1st requirements of this subtitle. Such technical er organization, have policies and procedures date the person liable for the penalty knew, standards shall ensure that any request to in place which isolate their activities with or by exercising reasonable diligence would locate or access information shall be author- respect to processing information in a man- have known, that the failure to comply oc- ized under subtitle C. ner that prevents unauthorized access to curred. (b) GOVERNMENT AGENCIES.— such information by such larger organiza- (B) EXTENSION OF PERIOD.— (1) IN GENERAL.—Certified Health informa- tion. (i) NO PENALTY.—The period referred to in tion protection organizations shall make (b) CERTIFICATION BY THE SECRETARY.— subparagraph (A)(ii) may be extended as de- available to a Federal or State agency pursu- (1) ESTABLISHMENT.—Not later than 12 termined appropriate by the Secretary based ant to a Federal Acquisition Regulation (or months after the date of the enactment of on the nature and extent of the failure to an equivalent State system), any non-identi- this subtitle, the Secretary shall establish a comply. fiable health information that is requested certification procedure for health informa- (ii) ASSISTANCE.—If the Secretary deter- by such agency. tion network services which ensures that mines that a health plan failed to comply be- (2) CERTAIN INFORMATION AVAILABLE AT LOW certified services are qualified to meet the cause such plan was unable to comply, the COST.—If a health information protection or- requirements of this subtitle. Secretary may provide technical assistance ganization described in paragraph (1) needs (2) AUDITS AND REPORTS.—The procedure to such plan during the period described in information from a health plan in order to established under paragraph (1) shall provide clause (i). Such assistance shall be provided comply with a request of a Federal or State for audits and reports as the Secretary deter- in any manner determined appropriate by agency that is necessary to comply with a mines appropriate in order to monitor such the Secretary. requirement under this Act, such plan shall entity’s compliance with the requirements of (3) REDUCTION.—In the case of a failure to make such information available to such or- this subtitle. comply which is due to reasonable cause and ganization for a charge that does not exceed (c) LOSS OF CERTIFICATION.— not to willful neglect, any penalty under the reasonable cost of transmitting the in- (1) MANDATORY TERMINATION.—If a health subsection (a) that is not entirely waived formation. An organization that receives in- information network service violates a re- under paragraph (2) may be waived to the ex- formation under the preceding sentence quirement imposed under subtitle C, its cer- tent that the payment of such penalty would shall, upon request from any certified health tification under this section shall be termi- be excessive relative to the compliance fail- information protection organization, make nated unless the Secretary determines that ure involved. such information available to such an orga- appropriate corrective action has been nization for a charge that does not exceed taken. PART 7—MISCELLANEOUS PROVISIONS the reasonable cost of transmitting the in- (2) DISCRETIONARY TERMINATION.—If a SEC. 5161. EFFECT ON STATE LAW. formation. health information network service violates (a) IN GENERAL.—Except as provided in (c) FUNCTIONAL SEPARATION.—The stand- a requirement or standard imposed under ards adopted by the Secretary under sub- subsection (b), a provision, requirement, or this subtitle and a penalty has been imposed standard under this subtitle shall supersede section (a) shall ensure that any health in- under section 5151, the Secretary shall re- formation disclosed under such subsection any contrary provision of State law, includ- view the certification of such service and ing— shall not, after such disclosure, be used or may terminate such certification. released for an administrative, regulatory, (1) a provision of State law that requires (d) CERTIFICATION BY PRIVATE ENTITIES.— medical or health plan records (including or law enforcement purpose unless such dis- The Secretary may designate private enti- closure was made for such purpose. billing information) to be maintained or ties to conduct the certification procedures transmitted in written rather than elec- SEC. 5132. RESPONDING TO ACCESS REQUESTS. established by the Secretary under this sec- tronic form, and (a) IN GENERAL.—The Secretary shall tion. A health information network service (2) a provision of State law which provides adopt, and modify as appropriate, standards certified by such an entity in accordance for requirements or standards that are more under which a health plan shall respond to with such designation shall be considered to stringent than the requirements or stand- requests for access to health information be certified by the Secretary. ards under this subtitle; consistent with this subtitle and subtitle C. SEC. 5142. ENSURING AVAILABILITY OF INFOR- except where the Secretary determines that (b) STANDARDS DESCRIBED.—The standards MATION. under subsection (a) shall provide— The Secretary shall establish a procedure the provision is necessary to prevent fraud (1) for a standard format under which a under which a health plan which does not and abuse, with respect to controlled sub- plan will respond to each request either by have the ability to transmit standard data stances, or for other purposes. satisfying the request or by responding with elements directly or does not have access to (b) PUBLIC HEALTH REPORTING.—Nothing in a negative response, which may include an a certified health information network serv- this subtitle shall be construed to invalidate explanation of the failure to satisfy the re- ice shall be able to make health information or limit the authority, power, or procedures quest; and available for disclosure as authorized by this established under any law providing for the (2) that a plan shall respond to a request in subtitle. reporting of disease or injury, child abuse, birth, or death, public health surveillance, or a timely manner taking into account the age PART 6—PENALTIES public health investigation or intervention. and amount of the information being re- SEC. 5151. GENERAL PENALTY FOR FAILURE TO quested. COMPLY WITH REQUIREMENTS AND SEC. 5162. HEALTH INFORMATION CONTINUITY. (c) LENGTH OF TIME INFORMATION SHOULD STANDARDS. (a) HEALTH PLANS.—If a health plan takes BE ACCESSIBLE.—The Secretary shall adopt (a) IN GENERAL.—Except as provided in any action that would threaten the contin- standards with respect to the length of time subsection (b), the Secretary shall impose on ued availability of standard data elements of any standard data elements for a type of any person that violates a requirement or health information held by such plan, such health information should be accessible standard imposed under this subtitle a pen- data elements shall be transferred to a through the health information network. alty of not more than $1,000 for each viola- health plan in accordance with procedures SEC. 5133. TIMETABLES FOR ADOPTION OF tion. The provisions of section 1128A of the established by the Secretary. STANDARDS AND COMPLIANCE. Social Security Act (other than subsections (b) HEALTH INFORMATION NETWORK SERV- (a) INITIAL STANDARDS.—The Secretary (a) and (b) and the second sentence of sub- ICES.—If a certified health information net- shall adopt standards under this part not section (f)) shall apply to the imposition of a work service loses its certified status or later than 9 months after the date of the en- civil money penalty under this subsection in takes any action that would threaten the January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1771 continued availability of the standard data (C) any employee or agent of a person cov- provided in this subtitle, a health informa- elements of health information held by such ered under subparagraphs (A) or (B). tion trustee may not disclose protected service, such data elements shall be trans- (4) HEALTH OVERSIGHT AGENCY.—The term health information unless such information ferred to another such service, as designated ‘‘health oversight agency’’ means a person is clearly identified as protected health in- by the Secretary. who— formation that is subject to this subtitle. SEC. 5163. HEALTH INFORMATION ADVISORY (A) performs or oversees the performance (g) INFORMATION IN WHICH PROVIDERS ARE COMMITTEE. of an assessment, evaluation, determination, IDENTIFIED.—The Secretary may issue regu- (a) ESTABLISHMENT.—There is established a or investigation relating to the licensing, ac- lations protecting information identifying committee to be known as the Health Infor- creditation, or certification of health care providers in order to promote the availabil- mation Advisory Committee. providers; or ity of health care services. (b) DUTIES.—The committee shall— (B)(i) performs or oversees the performance SEC. 5207. AUTHORIZATIONS FOR DISCLOSURE (1) provide assistance to the Secretary in of an assessment, evaluation, determination, OF PROTECTED HEALTH INFORMA- complying with the requirements imposed on investigation, or prosecution relating to the TION. the Secretary under this subtitle and sub- effectiveness of, compliance with, or applica- A health information trustee may disclose title C; and bility of legal, fiscal, medical, or scientific protected health information pursuant to an (2) be generally responsible for advising standards or aspects of performance related authorization executed by the individual the Secretary and the Congress on the status to the delivery of, or payment for health who is the subject of the information pursu- and the future of the health information net- care, health services, equipment, or research ant to regulations issued by the Secretary work. or relating to health care fraud or fraudulent with regard to the form of such authoriza- (c) MEMBERSHIP.— claims regarding health care, health services tion, the information that must be provided (1) IN GENERAL.—The committee shall con- or equipment, or related activities and to the individual for authorization, and the sist of 15 members to be appointed by the items; and scope of the authorization. President not later than 60 days after the (ii) is a public agency, acting on behalf of SEC. 5208. CERTIFIED HEALTH INFORMATION date of the enactment of this subtitle. The a public agency, acting pursuant to a re- NETWORK SERVICES. President shall designate 1 member as the quirement of a public agency, or carrying A health information trustee may disclose Chair. out activities under a Federal or State law protected health information to a certified (2) EXPERTISE.—The membership of the governing the assessment, evaluation, deter- health information protection organization committee shall consist of individuals who mination, investigation, or prosecution de- for the purpose of creating non-identifiable are of recognized standing and distinction in scribed in clause (i). health information. (5) PUBLIC HEALTH AUTHORITY.—The term the areas of information systems, consumer Subpart B—Specific Disclosures Relating to ‘‘public health authority’’ means an author- health, or privacy, and who possess the dem- Patient onstrated capacity to discharge the duties ity or instrumentality of the United States, SEC. 5211. DISCLOSURES FOR TREATMENT AND imposed on the committee. a State, or a political subdivision of a State that is (A) responsible for public health mat- FINANCIAL AND ADMINISTRATIVE (3) TERMS.—Each member of the commit- TRANSACTIONS. ters; and (B) engaged in such activities as in- tee shall be appointed for a term of 5 years, (a) HEALTH CARE TREATMENT.—A health jury reporting, public health surveillance, except that the members first appointed care provider, health plan, employer, or per- and public health investigation or interven- shall serve staggered terms such that the son who receives protected health informa- tion. terms of no more than 3 members expire at tion under section 5213, may disclose pro- one time. (6) INDIVIDUAL REPRESENTATIVE.—The term ‘‘individual representative’’ means any indi- tected health information to a health care SEC. 5164. AUTHORIZATION OF APPROPRIATIONS. vidual legally empowered to make decisions provider for the purpose of providing health There are authorized to be appropriated concerning the provision of health care to an care to an individual if the individual who is such sums as may be necessary to carry out individual (where the individual lacks the the subject of the information has been noti- the purposes of this subtitle. legal capacity under State law to make such fied of the individual’s right to object and Subtitle C—Privacy of Health Information decisions) or the administrator or executor has not previously objected in writing to the of the estate of a deceased individual. disclosure. PART 1—DEFINITIONS (b) DISCLOSURE FOR FINANCIAL AND ADMIN- (7) PERSON.—The term ‘‘person’’ includes ISTRATIVE PURPOSES.—A health care provider SEC. 5201. DEFINITIONS. an authority of the United States, a State, or employer may disclose protected health For purposes of this subtitle: or a political subdivision of a State. (1) PROTECTED HEALTH INFORMATION.—The information to a health care provider or term ‘‘protected health information’’ means PART 2—AUTHORIZED DISCLOSURES health plan for the purpose of providing for any information, including demographic in- Subpart A—General Provisions the payment for, or reviewing the payment formation collected from an individual, SEC. 5206. GENERAL RULES REGARDING DISCLO- of, health care furnished to an individual. whether oral or recorded in any form or me- SURE. SEC. 5212. NEXT OF KIN AND DIRECTORY INFOR- dium, that— (a) GENERAL RULE.—A health information MATION. (A) is created or received by a health care trustee may disclose protected health infor- (a) NEXT OF KIN.—A health care provider or provider, health plan, health oversight agen- mation only for a purpose that is authorized person who receives protected health infor- cy, health researcher, public health author- under this subtitle. mation under section 5213 may disclose pro- ity, employer, life insurer, school or univer- (b) DISCLOSURE WITHIN A TRUSTEE.—A tected health information to the next of kin, sity, or certified health information network health information trustee may disclose pro- an individual representative of the individ- service; and tected health information to an officer, em- ual who is the subject of the information, or (B) relates to the past, present, or future ployee, or agent of the trustee for a purpose an individual with whom that individual has physical or mental health or condition of an that is compatible with and related to the a close personal relationship if— individual, the provision of health care to an purpose for which the information was col- (1) the individual who is the subject of the individual, or the past, present, or future lected or received by that trustee. information— payment for the provision of health care to (c) SCOPE OF DISCLOSURE.—Every disclo- (A) has been notified of the individual’s an individual, and— sure of protected health information by a right to object and has not objected to the (i) identifies an individual; or health information trustee shall be limited disclosure; (ii) with respect to which there is a reason- to the minimum amount of information nec- (B) is not competent to be notified about able basis to believe that the information essary to accomplish the purpose for which the right to object; or can be used to identify an individual. the information is disclosed. (C) exigent circumstances exist such that (2) DISCLOSE.—The term ‘‘disclose’’, when (d) NO GENERAL REQUIREMENT TO DIS- it would not be practicable to notify the in- used with respect to protected health infor- CLOSE.—Nothing in this subtitle that permits dividual of the right to object; and mation, means to provide access to the infor- a disclosure of health information shall be (2) the information disclosed relates to mation, but only if such access is provided to construed to require such disclosure. health care currently being provided to that a person other than the individual who is the (e) USE AND REDISCLOSURE OF INFORMA- individual. subject of the information. TION.—Protected health information about (b) DIRECTORY INFORMATION.—A health care (3) HEALTH INFORMATION TRUSTEE.—The an individual that is disclosed under this provider and a person receiving protected term ‘‘health information trustee’’ means— subtitle may not be used in, or disclosed to health information under section 5213 may (A) a health care provider, health plan, any person for use in, any administrative, disclose protected health information to any health oversight agency, certified health in- civil, or criminal action or investigation di- person if— formation network service, employer, life in- rected against the individual unless the ac- (1) the information does not reveal specific surer, or school or university insofar as it tion or investigation arises out of or is di- information about the physical or mental creates, receives, maintains, uses, or trans- rectly related to the law enforcement in- condition of the individual who is the subject mits protected health information; quiry for which the information was ob- of the information or health care provided to (B) any person who obtains protected tained. that person; health information under section 5213, 5217, (f) IDENTIFICATION OF DISCLOSED INFORMA- (2) the individual who is the subject of the 5218, 5221, 5222, 5226, or 5231; and TION AS PROTECTED INFORMATION.—Except as information— S 1772 CONGRESSIONAL RECORD — SENATE January 30, 1995

(A) has been notified of the individual’s (b) RESEARCH REQUIRING DIRECT CONTACT.— SEC. 5227. ACCESS PROCEDURES FOR LAW EN- right to object and has not objected to the A health care provider or health plan may FORCEMENT SUBPOENAS AND WAR- disclosure; disclose protected health information to a RANTS. (B) is not competent to be notified about health researcher for a research project that (a) PROBABLE CAUSE REQUIREMENT.—A gov- the right to object; or includes direct contact with an individual ernment authority may not obtain protected (C) exigent circumstances exist such that who is the subject of protected health infor- health information about an individual it would not be practicable to notify the in- mation if an institutional review board de- under paragraph (1) or (2) of section 5226 for dividual of the right to object; and termines that direct contact is necessary use in a law enforcement inquiry unless (3) the information consists only of 1 or and will be made in a manner that minimizes there is probable cause to believe that the more of the following items: the risk of harm, embarrassment, or other information is relevant to a legitimate law (A) The name of the individual who is the adverse consequences to the individual. enforcement inquiry being conducted by the government authority. subject of the information. (c) SPECIAL RULE FOR TRUSTEES OTHER (b) WARRANTS.—A government authority (B) If the individual who is the subject of THAN ACADEMIC CENTERS OR HEALTH CARE that obtains protected health information the information is receiving health care FACILITIES.—If a health researcher described from a health care provider on a premises in subsection (a) or (b) is not an academic about an individual under circumstances de- controlled by the provider— center or a health care facility, the deter- scribed in subsection (a) and pursuant to a warrant shall, not later than 30 days after (i) the location of the individual on the minations required by an institutional re- the date the warrant was executed, serve the premises; and view board shall be made by such a board individual with, or mail to the last known (ii) the general health status of the indi- that is certified by the Secretary. address of the individual, a notice that pro- vidual, described as critical, poor, fair, sta- (d) USE OF HEALTH INFORMATION NET- tected health information about the individ- ble, or satisfactory or in terms denoting WORK.—A health information trustee may ual was so obtained, together with a notice similar conditions. disclose protected health information to a of the individual’s right to challenge the (c) IDENTIFICATION OF DECEASED INDIVID- health researcher using the health informa- warrant. UAL.—A health care provider, health plan, tion network only if the research project sat- (c) SUBPOENA OR SUMMONS.—Except as pro- employer, or life insurer, may disclose pro- isfies requirements established by the Sec- vided in subsection (d), a government au- tected health information if necessary to as- retary for protecting the confidentiality of thority may not obtain protected health in- sist in the identification of a deceased indi- information in the health information net- vidual. formation about an individual under cir- work. cumstances described in subsection (a) and SEC. 5213. EMERGENCY CIRCUMSTANCES. pursuant to a subpoena or summons unless a A health care provider, health plan, em- Subpart D—Disclosure For Judicial, Adminis- trative, and Law Enforcement Purposes copy of the subpoena or summons has been ployer, or person who receives protected served on the individual, if the identity of health information under this section may SEC. 5221. JUDICIAL AND ADMINISTRATIVE PUR- the individual is known, on or before the disclose protected health information in POSES. date of return of the subpoena or summons, emergency circumstances where there is a A health care provider, health plan, health together with notice of the individual’s right reasonable belief that such information is oversight agency, employer, or life insurer to challenge the subpoena or summons. If needed to protect the health or safety of an may disclose protected health information in the identity of the individual is not known individual from imminent harm. connection with litigation or proceedings to at the time the subpoena or summons is Subpart C—Disclosure for Oversight, Public which the individual who is the subject of served, the individual shall be served not Health, and Research Purposes the information— later than 30 days thereafter, with notice SEC. 5216. OVERSIGHT. (1) is a party and in which the individual that protected health information about the (a) IN GENERAL.—A health information has placed the individual’s physical or men- individual was so obtained together with no- trustee may disclose protected health infor- tal condition in issue; or tice of the individual’s right to challenge the mation to a health oversight agency for an (2) is deceased and in which the individ- subpoena or summons. oversight function authorized by law. ual’s physical or mental condition is in (d) APPLICATION FOR DELAY.— (b) USE IN ACTION AGAINST INDIVIDUALS.— issue. (1) IN GENERAL.—A government authority Notwithstanding section 5206(e), protected may apply ex parte and under seal to an ap- SEC. 5222. LAW ENFORCEMENT. propriate court to delay serving a notice or health information about an individual that A health care provider, health plan, health is disclosed under this section may be used copy of a warrant, subpoena, or summons re- oversight agency, employer, life insurer, or quired under subsection (b) or (c). in, or disclosed in, an administrative, civil, person who receives protected health infor- or criminal action or investigation directed (2) EX PARTE ORDER.—The court shall enter mation under section 5213 may disclose pro- an ex parte order delaying or extending the against the individual who is the subject of tected health information to a law enforce- the information if the action or investiga- delay of notice, an order prohibiting the dis- ment agency (other than a health oversight closure of the request for, or disclosure of, tion arises out of or is directly related to— agency governed by section 5216) if the infor- (1) receipt of health care or payment for the protected health information, and an mation is requested for use— order requiring the disclosure of the pro- health care; (1) in an investigation or prosecution of a (2) an action involving a fraudulent claim tected health information if the court finds health information trustee; that— related to health; or (2) in the identification of a victim or wit- (3) an action involving a misrepresentation (A) the inquiry being conducted is within ness in a law enforcement inquiry; the lawful jurisdiction of the government au- of the health of the individual who is the (3) in connection with the investigation of subject of the information. thority seeking the protected health infor- criminal activity committed against the mation; SEC. 5217. PUBLIC HEALTH. trustee or on premises controlled by the (B) there is probable cause to believe that A health care provider, health plan, public trustee; or the protected health information being health authority, employer, or person who (4) in the investigation or prosecution of sought is relevant to a legitimate law en- receives protected health information under criminal activity relating to or arising from forcement inquiry; section 5213 may disclose protected health the provision of health care or payment for (C) the government authority’s need for information to a public health authority or health care. the information outweighs the privacy inter- other person authorized by law for use in a est of the individual who is the subject of the legally authorized— Subpart E—Disclosure Pursuant to Government Subpoena or Warrant information; and (1) disease or injury reporting; (D) there is reasonable ground to believe (2) public health surveillance; or SEC. 5226. GOVERNMENT SUBPOENAS AND WAR- that receipt of notice by the individual will (3) public health investigation or interven- RANTS. result in— tion. A health care provider, health plan, health (i) endangering the life or physical safety SEC. 5218. HEALTH RESEARCH. oversight agency, employer, life insurer, or of any individual; (a) IN GENERAL.—A health information person who receives protected health infor- (ii) flight from prosecution; trustee may disclose protected health infor- mation under section 5213 shall disclose pro- (iii) destruction of or tampering with evi- mation to a health researcher if an institu- tected health information under this section dence or the information being sought; tional review board determines that the re- if the disclosure is pursuant to— (iv) intimidation of potential witnesses; or search project engaged in by the health re- (1) a subpoena issued under the authority (v) disclosure of the existence or nature of searcher— of a grand jury; a confidential law enforcement investigation (1) requires use of the protected health in- (2) an administrative subpoena or sum- or grand jury investigation is likely to seri- formation for the effectiveness of the mons or a judicial subpoena or warrant; or ously jeopardize such investigation. project; and (3) an administrative subpoena or sum- SEC. 5228. CHALLENGE PROCEDURES FOR LAW (2) is of sufficient importance to outweigh mons, a judicial subpoena or warrant, or a ENFORCEMENT WARRANTS, SUB- the intrusion into the privacy of the individ- grand jury subpoena, and the disclosure oth- POENAS, AND SUMMONS. ual who is the subject of the information erwise meets the conditions of section 5216, (a) MOTION TO QUASH.—Within 15 days after that would result from the disclosure. 5217, 5218, 5221, or 5222. the date of service of a notice of execution or January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1773 a copy of a warrant, subpoena, or summons SEC. 5237. ACCOUNTING FOR DISCLOSURES. PART 4—SANCTIONS of a government authority seeking protected A health information trustee shall create Subpart A—No Sanctions for Permissible health information about an individual and maintain, with respect to any protected Actions under paragraph (1) or (2) of section 5226, the health information disclosed in exceptional individual may file a motion to quash. circumstances, a record of the disclosure in SEC. 5251. NO LIABILITY FOR PERMISSIBLE DIS- CLOSURES. (b) STANDARD FOR DECISION.—The court accordance with regulations issued by the shall grant a motion under subsection (a) un- Secretary. A health information trustee who makes a less the government demonstrates that there disclosure of protected health information Subpart B—Review of Protected Health about an individual that is permitted by this is probable cause to believe the protected Information By Subjects of the Information health information is relevant to a legiti- subtitle shall not be liable to the individual mate law enforcement inquiry being con- SEC. 5241. INSPECTION OF PROTECTED HEALTH for the disclosure under common law and INFORMATION. ducted by the government authority and the shall not be subject to criminal prosecution (a) IN GENERAL.—Except as provided in government authority’s need for the infor- under this subtitle. subsection (b), a health care provider or mation outweighs the privacy interest of the Subpart B—Civil Sanctions health plan shall permit an individual who is individual. the subject of protected health information SEC. 5256. CIVIL PENALTY. (c) ATTORNEY’S FEES.—In the case of a mo- or the individual’s designee to inspect any (a) VIOLATION.—Any health information tion brought under subsection (a) in which such information that the provider or plan trustee who the Secretary determines has the individual has substantially prevailed, maintains. A health care provider or health substantially and materially failed to com- the court may assess against the government plan may require an individual to reimburse ply with this subtitle shall be subject, in ad- authority a reasonable attorney’s fee and the provider or plan for the cost of such in- dition to any other penalties that may be other litigation costs (including expert’s spection. prescribed by law, to a civil penalty of not fees) reasonably incurred. (b) EXCEPTIONS.—A health care provider or more than $10,000 for each such violation. (d) NO INTERLOCUTORY APPEAL.—A ruling health plan is not required by this section to (b) PROCEDURES FOR IMPOSITION OF PEN- denying a motion to quash under this section permit inspection or copying of protected ALTIES.—Section 1128A of the Social Security shall not be deemed to be a final order, and health information if any of the following Act, other than subsections (a) and (b) and no interlocutory appeal may be taken there- conditions apply: the second sentence of subsection (f) of that from by the individual. (1) MENTAL HEALTH TREATMENT NOTES.— section, shall apply to the imposition of a Subpart F—Disclosure Pursuant to Party The information consists of psychiatric, psy- civil monetary penalty under this section in Subpoena chological, or mental health treatment the same manner as such provisions apply SEC. 5231. PARTY SUBPOENAS. notes, and the provider or plan determines, with respect to the imposition of a penalty A health care provider, health plan, em- based on reasonable medical judgment, that under section 1128A of such Act. ployer, life insurer, or person who receives inspection or copying of the notes would SEC. 5257. CIVIL ACTION. protected health information under section cause sufficient harm. (a) IN GENERAL.—An individual who is ag- 5213 may disclose protected health informa- (2) ENDANGERMENT TO LIFE OR SAFETY.—The grieved by negligent conduct in violation of tion under this section if the disclosure is provider or plan determines that disclosure this subtitle may bring a civil action to re- pursuant to a subpoena issued on behalf of a of the information could reasonably be ex- cover— party who has complied with the access pro- pected to endanger the life or physical safety (1) the greater of actual damages or liq- visions of section 5232. of any individual. uidated damages of $5,000, not to exceed SEC. 5232. ACCESS PROCEDURES FOR PARTY (3) CONFIDENTIAL SOURCE.—The information $50,000; SUBPOENAS. identifies or could reasonably lead to the (2) punitive damages; A party may not obtain protected health identification of a person (other than a (3) a reasonable attorney’s fee and expenses information about an individual pursuant to health care provider) who provided informa- of litigation; a subpoena unless a copy of the subpoena to- tion under a promise of confidentiality to a (4) costs of litigation; and gether with a notice of the individual’s right health care provider concerning the individ- (5) such preliminary and equitable relief as to challenge the subpoena in accordance ual who is the subject of the information. the court determines to be appropriate. with section 5233 has been served upon the (4) ADMINISTRATIVE PURPOSES.—The infor- (b) LIMITATION.—No action may be com- individual on or before the date of return of mation is used by the provider or plan solely menced under this section more than 3 years the subpoena. for administrative purposes and not in the after the date on which the violation was or SEC. 5233. CHALLENGE PROCEDURES FOR PARTY provision of health care to the individual should reasonably have been discovered. SUBPOENAS. who is the subject of the information. Subpart C—Criminal Sanctions (a) MOTION TO QUASH SUBPOENA.—After (c) DEADLINE.—A health care provider or service of a copy of the subpoena seeking health plan shall comply with or deny (with SEC. 5261. WRONGFUL DISCLOSURE OF PRO- protected health information under section a statement of the reasons for such denial) a TECTED HEALTH INFORMATION. 5231, the individual who is the subject of the request for inspection or copying of pro- (a) OFFENSE.—A person who knowingly— protected health information may file in any tected health information under this section (1) obtains protected health information court of competent jurisdiction a motion to within the 30-day period beginning on the relating to an individual in violation of this quash the subpoena. date on which the provider or plan receives subtitle; or (b) STANDARD FOR DECISION.—The court the request. (2) discloses protected health information shall grant a motion under subsection (a) un- SEC. 5242. AMENDMENT OF PROTECTED HEALTH to another person in violation of this sub- less the respondent demonstrates that— INFORMATION. title, (1) there is reasonable ground to believe A health care provider or health plan shall, shall be punished as provided in subsection the information is relevant to a lawsuit or within 45 days after receiving a written re- (b). other judicial or administrative proceeding; quest to correct or amend protected health (b) PENALTIES.—A person described in sub- and information from the individual who is the section (a) shall— (2) the need of the respondent for the infor- subject of the information— (1) be fined not more than $50,000, impris- mation outweighs the privacy interest of the (1) correct or amend such information; or oned not more than 1 year, or both; individual. (2) provide the individual with a statement (2) if the offense is committed under false (c) ATTORNEY’S FEES.—In the case of a mo- of the reasons for refusing to correct or pretenses, be fined not more than $100,000, tion brought under subsection (a) in which amend such information and include a copy imprisoned not more than 5 years, or both; the individual has substantially prevailed, of such statement in the provider’s or plan’s and the court may assess against the respondent records. (3) if the offense is committed with intent a reasonable attorney’s fee and other litiga- SEC. 5243. NOTICE OF INFORMATION PRACTICES. to sell, transfer, or use protected health in- tion costs and expenses (including expert’s A health care provider or health plan shall formation for commercial advantage, per- fees) reasonably incurred. provide written notice of the provider’s or sonal gain, or malicious harm, fined not PART 3—PROCEDURES FOR ENSURING SE- plan’s information practices, including no- more than $250,000, imprisoned not more CURITY OF PROTECTED HEALTH INFOR- tice of individual rights with respect to pro- than 10 years, or both. MATION tected health information. PART 5—ADMINISTRATIVE PROVISIONS Subpart A—Establishment of Safeguards Subpart C—Standards for Electronic SEC. 5266. RELATIONSHIP TO OTHER LAWS. SEC. 5236. ESTABLISHMENT OF SAFEGUARDS. Disclosures (a) STATE LAW.—Except as provided in sub- A health information trustee shall estab- SEC. 5246. STANDARDS FOR ELECTRONIC DIS- sections (b), (c), and (d), this subtitle pre- lish and maintain appropriate administra- CLOSURES. empts State law. tive, technical, and physical safeguards to The Secretary shall promulgate standards (b) LAWS RELATING TO PUBLIC OR MENTAL ensure the integrity and confidentiality of for disclosing protected health information HEALTH.—Nothing in this subtitle shall be protected health information created or re- in accordance with this subtitle in electronic construed to preempt or operate to the ex- ceived by the trustee. form. clusion of any State law relating to public S 1774 CONGRESSIONAL RECORD — SENATE January 30, 1995 health or mental health that prevents or reg- PART A—ALL-PAYER FRAUD AND ABUSE retary shall establish procedures under ulates disclosure of protected health infor- CONTROL PROGRAM which the information required to be submit- mation otherwise allowed under this sub- SEC. 5311. ALL-PAYER FRAUD AND ABUSE CON- ted under this subclause will be reduced with title. TROL PROGRAM. respect to health care provider entities that (c) PRIVILEGES.—Nothing in this subtitle is (a) ESTABLISHMENT OF PROGRAM.— the Secretary determines will be unduly bur- intended to preempt or modify State com- (1) IN GENERAL.—Not later than January 1, dened if such entities are required to comply mon or statutory law to the extent such law 1996, the Secretary of Health and Human fully with this subclause. concerns a privilege of a witness or person in Services (in this title referred to as the (4) AUTHORIZATION OF APPROPRIATIONS FOR a court of the State. This subtitle does not ‘‘Secretary’’), acting through the Office of INVESTIGATORS AND OTHER PERSONNEL.—In supersede or modify Federal common or the Inspector General of the Department of addition to any other amounts authorized to statutory law to the extent such law con- Health and Human Services, and the Attor- be appropriated to the Secretary, the Attor- cerns a privilege of a witness or person in a ney General shall establish a program— ney General, the Director of the Federal Bu- court of the United States. Authorizations (A) to coordinate Federal, State, and local reau of Investigation, and the Inspectors pursuant to section 5207 shall not be con- law enforcement programs to control fraud General of the Departments of Defense, strued as a waiver of any such privilege. and abuse with respect to the delivery of and Labor, and Veterans Affairs and of the Office (d) CERTAIN DUTIES UNDER STATE OR FED- payment for health care in the United of Personnel Management, for health care ERAL LAW.—This subtitle shall not be con- States, anti-fraud and abuse activities for a fiscal strued to preempt, supersede, or modify the (B) to conduct investigations, audits, eval- year, there are authorized to be appropriated operation of— uations, and inspections relating to the de- additional amounts, from the Health Care (1) any law that provides for the reporting livery of and payment for health care in the Fraud and Abuse Account described in sub- of vital statistics such as birth or death in- United States, section (b), as may be necessary to enable formation; (C) to facilitate the enforcement of the the Secretary, the Attorney General, and (2) any law requiring the reporting of abuse provisions of sections 1128, 1128A, and 1128B such Inspectors General to conduct inves- or neglect information about any individual; of the Social Security Act and other statutes tigations and audits of allegations of health (3) subpart II of part E of title XXVI of the applicable to health care fraud and abuse, care fraud and abuse and otherwise carry out and Public Health Service Act (relating to notifi- the program established under paragraph (1) (D) to provide for the modification and es- cations of emergency response employees of in a fiscal year. tablishment of safe harbors and to issue in- possible exposure to infectious diseases); or (5) ENSURING ACCESS TO DOCUMENTATION.— terpretative rulings and special fraud alerts (4) any Federal law or regulation governing The Inspector General of the Department of pursuant to section 5313. confidentiality of alcohol and drug patient Health and Human Services is authorized to (2) COORDINATION WITH HEALTH PLANS.—In records. carrying out the program established under exercise the authority described in para- paragraph (1), the Secretary and the Attor- graphs (4) and (5) of section 6 of the Inspector SEC. 5267. RIGHTS OF INCOMPETENTS. General Act of 1978 (relating to subpoenas (a) EFFECT OF DECLARATION OF INCOM- ney General shall consult with, and arrange for the sharing of data with representatives and administration of oaths) with respect to PETENCE.—Except as provided in section 5268, the activities under the all-payer fraud and if an individual has been declared to be in- of health plans. (3) REGULATIONS.— abuse control program established under this competent by a court of competent jurisdic- subsection to the same extent as such In- tion, the rights of the individual under this (A) IN GENERAL.—The Secretary and the Attorney General shall by regulation estab- spector General may exercise such authori- subtitle shall be exercised and discharged in ties to perform the functions assigned by the best interests of the individual through lish standards to carry out the program under paragraph (1). such Act. the individual’s representative. (B) INFORMATION STANDARDS.— (6) AUTHORITY OF INSPECTOR GENERAL.— (b) NO COURT DECLARATION.—Except as pro- (i) IN GENERAL.—Such standards shall in- Nothing in this Act shall be construed to di- vided in section 5268, if a health care pro- clude standards relating to the furnishing of minish the authority of any Inspector Gen- vider determines that an individual, who has information by health plans, providers, and eral, including such authority as provided in not been declared to be incompetent by a others to enable the Secretary and the At- the Inspector General Act of 1978. court of competent jurisdiction, suffers from torney General to carry out the program (in- (7) HEALTH PLAN DEFINED.—For the pur- a medical condition that prevents the indi- cluding coordination with health plans under poses of this subsection, the term ‘‘health vidual from acting knowingly or effectively paragraph (2)). plan’’ shall have the meaning given such on the individual’s own behalf, the right of (ii) CONFIDENTIALITY.—Such standards term in section 1128(i) of the Social Security the individual to authorize disclosure may be shall include procedures to assure that such Act. exercised and discharged in the best interest information is provided and utilized in a (b) HEALTH CARE FRAUD AND ABUSE CON- of the individual by the individual’s rep- manner that appropriately protects the con- TROL ACCOUNT.— resentative. fidentiality of the information and the pri- (1) ESTABLISHMENT.— (A) IN GENERAL.—There is hereby estab- SEC. 5268. EXERCISE OF RIGHTS. vacy of individuals receiving health care services and items. lished an account to be known as the (a) INDIVIDUALS WHO ARE 18 OR LEGALLY (iii) QUALIFIED IMMUNITY FOR PROVIDING IN- ‘‘Health Care Fraud and Abuse Control Ac- CAPABLE.—In the case of an individual— FORMATION.—The provisions of section 1157(a) count’’ (in this section referred to as the (1) who is 18 years of age or older, all rights of the Social Security Act (relating to limi- ‘‘Anti-Fraud Account’’). The Anti-Fraud Ac- of the individual shall be exercised by the in- tation on liability) shall apply to a person count shall consist of— dividual; or providing information to the Secretary or (i) such gifts and bequests as may be made (2) who, acting alone, has the legal right, the Attorney General in conjunction with as provided in subparagraph (B); as determined by State law, to apply for and their performance of duties under this sec- (ii) such amounts as may be deposited in obtain a type of medical examination, care, tion. the Anti-Fraud Account as provided in sub- or treatment and who has sought such exam- (C) DISCLOSURE OF OWNERSHIP INFORMA- section (a)(4), sections 5311(b) and 5312(b), ination, care, or treatment, the individual TION.— and title XI of the Social Security Act; and shall exercise all rights of an individual (i) IN GENERAL.—Such standards shall in- (iii) such amounts as are transferred to the under this subtitle with respect to protected clude standards relating to the disclosure of Anti-Fraud Account under subparagraph (C). health information relating to such exam- ownership information described in clause (B) AUTHORIZATION TO ACCEPT GIFTS.—The ination, care, or treatment. (ii) by any entity providing health care serv- Anti-Fraud Account is authorized to accept (b) INDIVIDUALS UNDER 18.—Except as pro- ices and items. on behalf of the United States money gifts vided in subsection (a)(2), in the case of an (ii) OWNERSHIP INFORMATION DESCRIBED.— and bequests made unconditionally to the individual who is— The ownership information described in this Anti-Fraud Account, for the benefit of the (1) under 14 years of age, all the individ- clause includes— Anti-Fraud Account or any activity financed ual’s rights under this subtitle shall be exer- (I) a description of such items and services through the Anti-Fraud Account. cised through the parent or legal guardian of provided by such entity; (C) TRANSFER OF AMOUNTS.— the individual; or (II) the names and unique physician identi- (i) IN GENERAL.—The Secretary of the (2) 14, 15, 16, or 17 years of age, the rights fication numbers of all physicians with a fi- Treasury shall transfer to the Anti-Fraud of inspection and amendment, and the right nancial relationship (as defined in section Account an amount equal to the sum of the to authorize disclosure of protected health 1877(a)(2) of the Social Security Act) with following: information of the individual may be exer- such entity; (I) Criminal fines imposed in cases involv- cised either by the individual or by the par- (III) the names of all other individuals ing a Federal health care offense (as defined ent or legal guardian of the individual. with such an ownership or investment inter- in section 982(a)(6)(B) of title 18, United Subtitle D—Health Care Fraud Prevention est in such entity; and States Code). (IV) any other ownership and related infor- (ii) Administrative penalties and assess- SEC. 5301. SHORT TITLE. mation required to be disclosed by such en- ments imposed under titles XI, XVIII, and This title may be cited as the ‘‘Health Care tity under section 1124 or section 1124A of the XIX of the Social Security Act (except as Fraud Prevention Act of 1995’’. Social Security Act, except that the Sec- otherwise provided by law). January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1775 (iii) Amounts resulting from the forfeiture adding at the end the following new sub- publication, and the reasons for the rejection of property by reason of a Federal health section: of the proposals that were not included. care offense. ‘‘(f) The Secretary may— (2) CRITERIA FOR MODIFYING AND ESTABLISH- (iv) Penalties and damages imposed under ‘‘(1) in consultation with State and local ING SAFE HARBORS.—In modifying and estab- the False Claims Act (31 U.S.C. 3729 et seq.), health care officials, identify opportunities lishing safe harbors under paragraph (1)(B), in cases involving claims related to the pro- for the satisfaction of community service ob- the Secretary may consider the extent to vision of health care items and services ligations that a court may impose upon the which providing a safe harbor for the speci- (other than funds awarded to a relator or for conviction of an offense under this section, fied payment practice may result in any of restitution). and the following: (2) USE OF FUNDS.— ‘‘(2) make information concerning such op- (A) An increase or decrease in access to (A) IN GENERAL.—Amounts in the Anti- portunities available to Federal and State health care services. Fraud Account shall be available to carry law enforcement officers and State and local (B) An increase or decrease in the quality out the health care fraud and abuse control health care officials.’’. of health care services. program established under subsection (a) (in- (b) HEALTH PLAN DEFINED.—Section 1128 of (C) An increase or decrease in patient free- cluding the administration of the program), the Social Security Act (42 U.S.C. 1320a–7) is dom of choice among health care providers. and may be used to cover costs incurred in amended by redesignating subsection (i) as operating the program, including costs (in- subsection (j) and by inserting after sub- (D) An increase or decrease in competition cluding equipment, salaries and benefits, and section (h) the following new subsection: among health care providers. travel and training) of— ‘‘(i) HEALTH PLAN DEFINED.—For purposes (E) An increase or decrease in the ability (i) prosecuting health care matters of sections 1128A and 1128B, the term ‘health of health care facilities to provide services in (through criminal, civil, and administrative plan’ means a plan that provides health ben- medically underserved areas or to medically proceedings); efits, whether through directly, through in- underserved populations. (ii) investigations; surance, or otherwise, and includes a policy (F) An increase or decrease in the cost to (iii) financial and performance audits of of health insurance, a contract of a service Government health care programs. health care programs and operations; benefit organization, or a membership agree- (G) An increase or decrease in the poten- (iv) inspections and other evaluations; and ment with a health maintenance organiza- tial overutilization of health care services. (v) provider and consumer education re- tion or other prepaid health plan, and also (H) The existence or nonexistence of any garding compliance with the provisions of includes an employee welfare benefit plan or potential financial benefit to a health care this part. a multiple employer welfare plan (as such professional or provider which may vary (B) FUNDS USED TO SUPPLEMENT AGENCY AP- terms are defined in section 3 of the Em- based on their decisions of— PROPRIATIONS.—It is intended that disburse- ployee Retirement Income Security Act of (i) whether to order a health care item or ments made from the Anti-Fraud Account to 1974).’’. service; or any Federal agency be used to increase and (c) EFFECTIVE DATE.—The amendments (ii) whether to arrange for a referral of not supplant the recipient agency’s appro- made by this section shall take effect on health care items or services to a particular priated operating budget. January 1, 1996. practitioner or provider. (3) ANNUAL REPORT.—The Secretary and SEC. 5313. HEALTH CARE FRAUD AND ABUSE (I) Any other factors the Secretary deems the Attorney General shall submit jointly an GUIDANCE. appropriate in the interest of preventing annual report to Congress on the amount of (a) SOLICITATION AND PUBLICATION OF MODI- fraud and abuse in Government health care revenue which is generated and disbursed by FICATIONS TO EXISTING SAFE HARBORS AND programs. the Anti-Fraud Account in each fiscal year. NEW SAFE HARBORS.— (b) INTERPRETIVE RULINGS.— (4) USE OF FUNDS BY INSPECTOR GENERAL.— (1) IN GENERAL.— (1) IN GENERAL.— (A) REIMBURSEMENTS FOR INVESTIGA- (A) SOLICITATION OF PROPOSALS FOR SAFE (A) REQUEST FOR INTERPRETIVE RULING.— TIONS.—The Inspector General is authorized HARBORS.—Not later than January 1, 1996, Any person may present, at any time, a re- to receive and retain for current use reim- and not less than annually thereafter, the quest to the Inspector General for a state- bursement for the costs of conducting inves- Secretary shall publish a notice in the Fed- ment of the Inspector General’s current in- tigations, when such restitution is ordered eral Register soliciting proposals, which will terpretation of the meaning of a specific as- by a court, voluntarily agreed to by the be accepted during a 60-day period, for— pect of the application of sections 1128A and payer, or otherwise. (i) modifications to existing safe harbors 1128B of the Social Security Act (hereafter in (B) CREDITING.—Funds received by the In- issued pursuant to section 14(a) of the Medi- this section referred to as an ‘‘interpretive spector General or the Inspectors General of care and Medicaid Patient and Program Pro- ruling’’). tection Act of 1987 (42 U.S.C. 1320a–7b note); the Departments of Defense, Labor, and Vet- (B) ISSUANCE AND EFFECT OF INTERPRETIVE (ii) additional safe harbors specifying pay- erans Affairs and of the Office of Personnel RULING.— ment practices that shall not be treated as a Management, as reimbursement for costs of (i) IN GENERAL.—If appropriate, the Inspec- criminal offense under section 1128B(b) of the conducting investigations shall be deposited tor General shall in consultation with the Social Security Act the (42 U.S.C. 1320a– to the credit of the appropriation from which Attorney General, issue an interpretive rul- initially paid, or to appropriations for simi- 7b(b)) and shall not serve as the basis for an exclusion under section 1128(b)(7) of such Act ing in response to a request described in sub- lar purposes currently available at the time paragraph (A). Interpretive rulings shall not of deposit, and shall remain available for ob- (42 U.S.C. 1320a–7(b)(7)); (iii) interpretive rulings to be issued pursu- have the force of law and shall be treated as ligation for 1 year from the date of their de- an interpretive rule within the meaning of posit. ant to subsection (b); and (iv) special fraud alerts to be issued pursu- section 553(b) of title 5, United States Code. SEC. 5312. APPLICATION OF CERTAIN FEDERAL All interpretive rulings issued pursuant to HEALTH ANTI-FRAUD AND ABUSE ant to subsection (c). SANCTIONS TO FRAUD AND ABUSE (B) PUBLICATION OF PROPOSED MODIFICA- this provision shall be published in the Fed- AGAINST ANY HEALTH PLAN. TIONS AND PROPOSED ADDITIONAL STATE HAR- eral Register or otherwise made available for (a) CRIMES.— BORS.—After considering the proposals de- public inspection. (1) SOCIAL SECURITY ACT.—Section 1128B of scribed in clauses (i) and (ii) of subparagraph (ii) REASONS FOR DENIAL.—If the Inspector the Social Security Act (42 U.S.C. 1320a–7b) (A), the Secretary, in consultation with the General does not issue an interpretive ruling is amended as follows: Attorney General, shall publish in the Fed- in response to a request described in sub- (A) In the heading, by adding at the end eral Register proposed modifications to ex- paragraph (A), the Inspector General shall the following: ‘‘OR HEALTH PLANS’’. isting safe harbors and proposed additional notify the requesting party of such decision (B) In subsection (a)(1)— safe harbors, if appropriate, with a 60-day and shall identify the reasons for such deci- (i) by striking ‘‘title XVIII or’’ and insert- comment period. After considering any pub- sion. ing ‘‘title XVIII,’’, and lic comments received during this period, (2) CRITERIA FOR INTERPRETIVE RULINGS.— (ii) by adding at the end the following: ‘‘or the Secretary shall issue final rules modify- (A) IN GENERAL.—In determining whether a health plan (as defined in section 1128(i)),’’. ing the existing safe harbors and establish- to issue an interpretive ruling under para- (C) In subsection (a)(5), by striking ‘‘title ing new safe harbors, as appropriate. graph (1)(B), the Inspector General may con- XVIII or a State health care program’’ and (C) REPORT.—The Inspector General of the sider— inserting ‘‘title XVIII, a State health care Department of Health and Human Services (i) whether and to what extent the request program, or a health plan’’. (hereafter in this section referred to as the identifies an ambiguity within the language (D) In the second sentence of subsection ‘‘Inspector General’’) shall, in an annual re- of the statute, the existing safe harbors, or (a)— port to Congress or as part of the year-end previous interpretive rulings; and (i) by inserting after ‘‘title XIX’’ the fol- semiannual report required by section 5 of (ii) whether the subject of the requested in- lowing: ‘‘or a health plan’’, and the Inspector General Act of 1978 (5 U.S.C. terpretive ruling can be adequately ad- (ii) by inserting after ‘‘the State’’ the fol- App.), describe the proposals received under dressed by interpretation of the language of lowing: ‘‘or the plan’’. clauses (i) and (ii) of subparagraph (A) and the statute, the existing safe harbor rules, or (2) IDENTIFICATION OF COMMUNITY SERVICE explain which proposals were included in the previous interpretive rulings, or whether the OPPORTUNITIES.—Section 1128B of such Act publication described in subparagraph (B), request would require a substantive ruling (42 U.S.C. 1320a–7b) is further amended by which proposals were not included in that not authorized under this subsection. S 1776 CONGRESSIONAL RECORD — SENATE January 30, 1995

(B) NO RULINGS ON FACTUAL ISSUES.—The (b) INDIVIDUAL CONVICTED OF FELONY RE- (1) IN GENERAL.—The second sentence of Inspector General shall not give an interpre- LATING TO CONTROLLED SUBSTANCE.— section 1156(b)(1) of the Social Security Act tive ruling on any factual issue, including (1) IN GENERAL.—Section 1128(a) of the So- (42 U.S.C. 1320c–5(b)(1)) is amended by strik- the intent of the parties or the fair market cial Security Act (42 U.S.C. 1320a–7(a)), as ing ‘‘may prescribe)’’ and inserting ‘‘may value of particular leased space or equip- amended by subsection (a), is amended by prescribe, except that such period may not ment. adding at the end the following new para- be less than 1 year)’’. (c) SPECIAL FRAUD ALERTS.— graph: (2) CONFORMING AMENDMENT.—Section (1) IN GENERAL.— ‘‘(4) FELONY CONVICTION RELATING TO CON- 1156(b)(2) of such Act (42 U.S.C. 1320c–5(b)(2)) (A) REQUEST FOR SPECIAL FRAUD ALERTS.— TROLLED SUBSTANCE.—Any individual or en- is amended by striking ‘‘shall remain’’ and Any person may present, at any time, a re- tity that has been convicted after the date of inserting ‘‘shall (subject to the minimum pe- quest to the Inspector General for a notice the enactment of the Health Care Fraud Pre- riod specified in the second sentence of para- which informs the public of practices which vention Act of 1995, under Federal or State graph (1)) remain’’. the Inspector General considers to be suspect law, of a criminal offense consisting of a fel- (b) REPEAL OF ‘‘UNWILLING OR UNABLE’’ or of particular concern under section ony relating to the unlawful manufacture, CONDITION FOR IMPOSITION OF SANCTION.— 1128B(b) of the Social Security Act (42 U.S.C. distribution, prescription, or dispensing of a Section 1156(b)(1) of the Social Security Act 1320a–7b(b)) (hereafter in this subsection re- controlled substance.’’. (42 U.S.C. 1320c–5(b)(1)) is amended— ferred to as a ‘‘special fraud alert’’). (2) CONFORMING AMENDMENT.—Section (1) in the second sentence, by striking ‘‘and (B) ISSUANCE AND PUBLICATION OF SPECIAL 1128(b)(3) of such Act (42 U.S.C. 1320a–7(b)(3)) determines’’ and all that follows through FRAUD ALERTS.—Upon receipt of a request de- is amended— ‘‘such obligations,’’; and scribed in subparagraph (A), the Inspector (A) in the heading, by striking ‘‘CONVIC- (2) by striking the third sentence. General shall investigate the subject matter TION’’ and inserting ‘‘MISDEMEANOR CONVIC- SEC. 5325. INTERMEDIATE SANCTIONS FOR MEDI- of the request to determine whether a special TION’’; and CARE HEALTH MAINTENANCE ORGA- fraud alert should be issued. If appropriate, (B) by striking ‘‘criminal offense’’ and in- NIZATIONS. the Inspector General shall in consultation serting ‘‘criminal offense consisting of a mis- (a) APPLICATION OF INTERMEDIATE SANC- with the Attorney General, issue a special demeanor’’. TIONS FOR ANY PROGRAM VIOLATIONS.— fraud alert in response to the request. All SEC. 5322. ESTABLISHMENT OF MINIMUM PERIOD (1) IN GENERAL.—Section 1876(i)(1) of the special fraud alerts issued pursuant to this OF EXCLUSION FOR CERTAIN INDI- Social Security Act (42 U.S.C. 1395mm(i)(1)) subparagraph shall be published in the Fed- VIDUALS AND ENTITIES SUBJECT TO is amended by striking ‘‘the Secretary may eral Register. PERMISSIVE EXCLUSION FROM MED- ICARE AND STATE HEALTH CARE terminate’’ and all that follows and inserting (2) CRITERIA FOR SPECIAL FRAUD ALERTS.— PROGRAMS. the following: ‘‘in accordance with proce- In determining whether to issue a special Section 1128(c)(3) of the Social Security dures established under paragraph (9), the fraud alert upon a request described in para- Secretary may at any time terminate any graph (1), the Inspector General may con- Act (42 U.S.C. 1320a–7(c)(3)) is amended by adding at the end the following new subpara- such contract or may impose the intermedi- sider— ate sanctions described in paragraph (6)(B) or (A) whether and to what extent the prac- graphs: ‘‘(D) In the case of an exclusion of an indi- (6)(C) (whichever is applicable) on the eligi- tices that would be identified in the special ble organization if the Secretary determines fraud alert may result in any of the con- vidual or entity under paragraph (1), (2), or (3) of subsection (b), the period of the exclu- that the organization— sequences described in subsection (a)(2); and ‘‘(A) has failed substantially to carry out (B) the volume and frequency of the con- sion shall be 3 years, unless the Secretary determines in accordance with published reg- the contract; duct that would be identified in the special ‘‘(B) is carrying out the contract in a man- fraud alert. ulations that a shorter period is appropriate because of mitigating circumstances or that ner inconsistent with the efficient and effec- SEC. 5314. REPORTING OF FRAUDULENT ACTIONS tive administration of this section; or UNDER MEDICARE. a longer period is appropriate because of ag- gravating circumstances. ‘‘(C) no longer substantially meets the ap- Not later than 1 year after the date of the ‘‘(E) In the case of an exclusion of an indi- plicable conditions of subsections (b), (c), (e), enactment of this Act, the Secretary shall vidual or entity under subsection (b)(4) or and (f).’’. establish a program through which individ- (b)(5), the period of the exclusion shall not be (2) OTHER INTERMEDIATE SANCTIONS FOR uals entitled to benefits under the medicare less than the period during which the indi- MISCELLANEOUS PROGRAM VIOLATIONS.—Sec- program may report to the Secretary on a vidual’s or entity’s license to provide health tion 1876(i)(6) of such Act (42 U.S.C. confidential basis (at the individual’s re- care is revoked, suspended, or surrendered, 1395mm(i)(6)) is amended by adding at the quest) instances of suspected fraudulent ac- or the individual or the entity is excluded or end the following new subparagraph: tions arising under the program by providers suspended from a Federal or State health ‘‘(C) In the case of an eligible organization of items and services under the program. care program. for which the Secretary makes a determina- PART B—REVISIONS TO CURRENT ‘‘(F) In the case of an exclusion of an indi- tion under paragraph (1) the basis of which is SANCTIONS FOR FRAUD AND ABUSE vidual or entity under subsection (b)(6)(B), not described in subparagraph (A), the Sec- SEC. 5321. MANDATORY EXCLUSION FROM PAR- the period of the exclusion shall be not less retary may apply the following intermediate TICIPATION IN MEDICARE AND than 1 year.’’. sanctions: STATE HEALTH CARE PROGRAMS. ‘‘(i) Civil money penalties of not more than SEC. 5323. PERMISSIVE EXCLUSION OF INDIVID- (a) INDIVIDUAL CONVICTED OF FELONY RE- UALS WITH OWNERSHIP OR CON- $25,000 for each determination under para- LATING TO FRAUD.— TROL INTEREST IN SANCTIONED EN- graph (1) if the deficiency that is the basis of (1) IN GENERAL.—Section 1128(a) of the So- TITIES. the determination has directly adversely af- cial Security Act (42 U.S.C. 1320a–7(a)) is Section 1128(b) of the Social Security Act fected (or has the substantial likelihood of amended by adding at the end the following (42 U.S.C. 1320a–7(b)) is amended by adding at adversely affecting) an individual covered new paragraph: the end the following new paragraph: under the organization’s contract. ‘‘(3) FELONY CONVICTION RELATING TO ‘‘(15) INDIVIDUALS CONTROLLING A SANC- ‘‘(ii) Civil money penalties of not more FRAUD.—Any individual or entity that has TIONED ENTITY.—Any individual who has a di- than $10,000 for each week beginning after been convicted after the date of the enact- rect or indirect ownership or control interest the initiation of procedures by the Secretary ment of the Health Care Fraud Prevention of 5 percent or more, or an ownership or con- under paragraph (9) during which the defi- Act of 1995, under Federal or State law, in trol interest (as defined in section 1124(a)(3)) ciency that is the basis of a determination connection with the delivery of a health care in, or who is an officer, director, agent, or under paragraph (1) exists. item or service or with respect to any act or managing employee (as defined in section ‘‘(iii) Suspension of enrollment of individ- omission in a program (other than those spe- 1126(b)) of, an entity— uals under this section after the date the cifically described in paragraph (1)) operated ‘‘(A) that has been convicted of any offense Secretary notifies the organization of a de- by or financed in whole or in part by any described in subsection (a) or in paragraph termination under paragraph (1) and until Federal, State, or local government agency, (1), (2), or (3) of this subsection; the Secretary is satisfied that the deficiency of a criminal offense consisting of a felony ‘‘(B) against which a civil monetary pen- that is the basis for the determination has relating to fraud, theft, embezzlement, alty has been assessed under section 1128A; been corrected and is not likely to recur.’’. breach of fiduciary responsibility, or other or (3) PROCEDURES FOR IMPOSING SANCTIONS.— financial misconduct.’’. ‘‘(C) that has been excluded from participa- Section 1876(i) of such Act (42 U.S.C. (2) CONFORMING AMENDMENT.—Section tion under a program under title XVIII or 1395mm(i)) is amended by adding at the end 1128(b)(1) of such Act (42 U.S.C. 1320a–7(b)(1)) under a State health care program.’’. the following new paragraph: is amended— SEC. 5324. SANCTIONS AGAINST PRACTITIONERS ‘‘(9) The Secretary may terminate a con- (A) in the heading, by striking ‘‘CONVIC- AND PERSONS FOR FAILURE TO tract with an eligible organization under TION’’ and inserting ‘‘MISDEMEANOR CONVIC- COMPLY WITH STATUTORY OBLIGA- this section or may impose the intermediate TION’’; and TIONS. sanctions described in paragraph (6) on the (B) by striking ‘‘criminal offense’’ and in- (a) MINIMUM PERIOD OF EXCLUSION FOR organization in accordance with formal in- serting ‘‘criminal offense consisting of a mis- PRACTITIONERS AND PERSONS FAILING TO vestigation and compliance procedures es- demeanor’’. MEET STATUTORY OBLIGATIONS.— tablished by the Secretary under which— January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1777 ‘‘(A) the Secretary provides the organiza- verse action (not including settlements in (A) Civil judgments against a health care tion with the opportunity to develop and im- which no findings of liability have been provider in Federal or State court related to plement a corrective action plan to correct made) taken against a health care provider, the delivery of a health care item or service. the deficiencies that were the basis of the supplier, or practitioner. (B) Federal or State criminal convictions Secretary’s determination under paragraph (2) INFORMATION TO BE REPORTED.—The in- related to the delivery of a health care item (1); formation to be reported under paragraph (1) or service. ‘‘(B) in deciding whether to impose sanc- includes: (C) Actions by Federal or State agencies tions, the Secretary considers aggravating (A) The name of any health care provider, responsible for the licensing and certifi- factors such as whether an entity has a his- supplier, or practitioner who is the subject of cation of health care providers, suppliers, tory of deficiencies or has not taken action a final adverse action. and licensed health care practitioners, in- to correct deficiencies the Secretary has (B) The name (if known) of any health care cluding— brought to their attention; entity with which a health care provider, (i) formal or official actions, such as rev- ‘‘(C) there are no unreasonable or unneces- supplier, or practitioner is affiliated or asso- ocation or suspension of a license (and the sary delays between the finding of a defi- ciated. length of any such suspension), reprimand, ciency and the imposition of sanctions; and (C) The nature of the final adverse action. censure or probation, ‘‘(D) the Secretary provides the organiza- (D) A description of the acts or omissions (ii) any other loss of license of the pro- tion with reasonable notice and opportunity and injuries upon which the final adverse ac- vider, supplier, or practitioner, by operation for hearing (including the right to appeal an tion was based, and such other information of law, or initial decision) before imposing any sanc- as the Secretary determines by regulation is (iii) any other negative action or finding tion or terminating the contract.’’. required for appropriate interpretation of in- by such Federal or State agency that is pub- (4) CONFORMING AMENDMENTS.—Section formation reported under this section. licly available information. 1876(i)(6)(B) of such Act (42 U.S.C. (3) CONFIDENTIALITY.—In determining what (D) Exclusion from participation in Fed- 1395mm(i)(6)(B)) is amended by striking the information is required, the Secretary shall eral or State health care programs. second sentence. include procedures to assure that the privacy (E) Any other adjudicated actions or deci- (b) AGREEMENTS WITH PEER REVIEW ORGA- of individuals receiving health care services sions that the Secretary shall establish by NIZATIONS.— (1) REQUIREMENT FOR WRITTEN AGREE- is appropriately protected. regulation. MENT.—Section 1876(i)(7)(A) of the Social Se- (4) TIMING AND FORM OF REPORTING.—The (2) The terms ‘‘licensed health care practi- curity Act (42 U.S.C. 1395mm(i)(7)(A)) is information required to be reported under tioner’’, ‘‘licensed practitioner’’, and ‘‘prac- amended by striking ‘‘an agreement’’ and in- this subsection shall be reported regularly titioner’’ mean, with respect to a State, an serting ‘‘a written agreement’’. (but not less often than monthly) and in such individual who is licensed or otherwise au- (2) DEVELOPMENT OF MODEL AGREEMENT.— form and manner as the Secretary pre- thorized by the State to provide health care Not later than July 1, 1996, the Secretary scribes. Such information shall first be re- services (or any individual who, without au- shall develop a model of the agreement that quired to be reported on a date specified by thority holds himself or herself out to be so an eligible organization with a risk-sharing the Secretary. licensed or authorized). contract under section 1876 of the Social Se- (5) TO WHOM REPORTED.—The information (3) The term ‘‘health care provider’’ means curity Act must enter into with an entity required to be reported under this subsection a provider of services as defined in section providing peer review services with respect shall be reported to the Secretary. 1861(u) of the Social Security Act, and any to services provided by the organization (c) DISCLOSURE AND CORRECTION OF INFOR- entity, including a health maintenance orga- under section 1876(i)(7)(A) of such Act. MATION.— nization, group medical practice, or any (3) REPORT BY GAO.— (1) DISCLOSURE.—With respect to the infor- other entity listed by the Secretary in regu- (A) STUDY.—The Comptroller General of mation about final adverse actions (not in- lation, that provides health care services. the United States shall conduct a study of cluding settlements in which no findings of (4) The term ‘‘supplier’’ means a supplier of the costs incurred by eligible organizations liability have been made) reported to the health care items and services described in with risk-sharing contracts under section Secretary under this section respecting a section 1819(a) and (b), and section 1861 of the 1876(b) of such Act of complying with the re- health care provider, supplier, or practi- Social Security Act. quirement of entering into a written agree- tioner, the Secretary shall, by regulation, (5) The term ‘‘Government agency’’ shall ment with an entity providing peer review provide for— include: services with respect to services provided by (A) disclosure of the information, upon re- (A) The Department of Justice. the organization, together with an analysis quest, to the health care provider, supplier, (B) The Department of Health and Human of how information generated by such enti- or licensed practitioner, and Services. ties is used by the Secretary to assess the (B) procedures in the case of disputed accu- (C) Any other Federal agency that either quality of services provided by such eligible racy of the information. administers or provides payment for the de- organizations. (2) CORRECTIONS.—Each Government agen- livery of health care services, including, but (B) REPORT TO CONGRESS.—Not later than cy and health plan shall report corrections of not limited to the Department of Defense July 1, 1998, the Comptroller General shall information already reported about any final and the Veterans’ Administration. submit a report to the Committee on Ways adverse action taken against a health care (D) State law enforcement agencies. and Means and the Committee on Energy provider, supplier, or practitioner, in such (E) State medicaid fraud and abuse units. and Commerce of the House of Representa- form and manner that the Secretary pre- (F) Federal or State agencies responsible tives and the Committee on Finance and the scribes by regulation. for the licensing and certification of health Special Committee on Aging of the Senate (d) ACCESS TO REPORTED INFORMATION.— care providers and licensed health care prac- on the study conducted under subparagraph (1) AVAILABILITY.—The information in this titioners. (A). database shall be available to Federal and (6) The term ‘‘health plan’’ has the mean- (c) EFFECTIVE DATE.—The amendments State government agencies and health plans ing given to such term by section 1128(i) of made by this section shall apply with respect pursuant to procedures that the Secretary the Social Security Act. to contract years beginning on or after Janu- shall provide by regulation. (7) For purposes of paragraph (2), the exist- ary 1, 1996. (2) FEES FOR DISCLOSURE.—The Secretary ence of a conviction shall be determined SEC. 5326. EFFECTIVE DATE. may establish or approve reasonable fees for under paragraph (4) of section 1128(j) of the The amendments made by this part shall the disclosure of information in this Social Security Act. take effect January 1, 1996. database. The amount of such a fee may not (g) CONFORMING AMENDMENT.—Section exceed the costs of processing the requests PART C—ADMINISTRATIVE AND 1921(d) of the Social Security Act is amended for disclosure and of providing such informa- MISCELLANEOUS PROVISIONS by inserting ‘‘and section 301 of the Health tion. Such fees shall be available to the Sec- SEC. 5331. ESTABLISHMENT OF THE HEALTH Care Fraud Prevention Act of 1995’’ after retary or, in the Secretary’s discretion to CARE FRAUD AND ABUSE DATA COL- ‘‘section 422 of the Health Care Quality Im- LECTION PROGRAM. the agency designated under this section to provement Act of 1986’’. (a) GENERAL PURPOSE.—Not later than Jan- cover such costs. uary 1, 1996, the Secretary shall establish a (e) PROTECTION FROM LIABILITY FOR RE- PART D—CIVIL MONETARY PENALTIES national health care fraud and abuse data PORTING.—No person or entity, including the collection program for the reporting of final agency designated by the Secretary in sub- SEC. 5341. CIVIL MONETARY PENALTIES. adverse actions (not including settlements in section (b)(5) shall be held liable in any civil (a) GENERAL CIVIL MONETARY PENALTIES.— which no findings of liability have been action with respect to any report made as re- Section 1128A of the Social Security Act (42 made) against health care providers, suppli- quired by this section, without knowledge of U.S.C. 1320a–7a) is amended as follows: ers, or practitioners as required by sub- the falsity of the information contained in (1) In subsection (a)(1), by inserting ‘‘or of section (b), with access as set forth in sub- the report. any health plan (as defined in section section (c). (f) DEFINITIONS AND SPECIAL RULES.—For 1128(i)),’’ after ‘‘subsection (i)(1)),’’. (b) REPORTING OF INFORMATION.— purposes of this section: (2) In subsection (f)— (1) IN GENERAL.—Each government agency (1) The term ‘‘final adverse action’’ in- (A) by redesignating paragraph (3) as para- and health plan shall report any final ad- cludes: graph (4); and S 1778 CONGRESSIONAL RECORD — SENATE January 30, 1995 (B) by inserting after paragraph (2) the fol- amended by adding the following new para- design as long as the differentials have been lowing new paragraphs: graph: disclosed in writing to all third party payors ‘‘(3) With respect to amounts recovered ‘‘(3) Any person (including any organiza- to whom claims are presented and as long as arising out of a claim under a health plan, tion, agency, or other entity, but excluding a the differentials meet the standards as de- the portion of such amounts as is determined beneficiary as defined in subsection (i)(5)) fined in regulations promulgated by the Sec- to have been paid by the plan shall be repaid who the Secretary determines has violated retary; or to the plan, and the portion of such amounts section 1128B(b) of this title shall be subject ‘‘(C) incentives given to individuals to pro- attributable to the amounts recovered under to a civil monetary penalty of not more than mote the delivery of preventive care as de- this section by reason of the amendments $10,000 for each such violation. In addition, termined by the Secretary in regulations.’’. made by the Health Care Fraud Prevention such person shall be subject to an assess- (i) EFFECTIVE DATE.—The amendments Act of 1995 (as estimated by the Secretary) ment of not more than twice the total made by this section shall take effect Janu- shall be deposited into the Health Care amount of the remuneration offered, paid, ary 1, 1996. Fraud and Abuse Control Account estab- solicited, or received in violation of section lished under section 101(b) of such Act.’’. 1128B(b). The total amount of remuneration PART E—AMENDMENTS TO CRIMINAL (3) In subsection (i)— subject to an assessment shall be calculated LAW (A) in paragraph (2), by inserting ‘‘or under without regard to whether some portion SEC. 5351. HEALTH CARE FRAUD. a health plan’’ before the period at the end, thereof also may have been intended to serve (a) IN GENERAL.— and a purpose other than one proscribed by sec- (1) FINES AND IMPRISONMENT FOR HEALTH (B) in paragraph (5), by inserting ‘‘or under tion 1128B(b).’’. CARE FRAUD VIOLATIONS.—Chapter 63 of title a health plan’’ after ‘‘or XX’’. (f) SANCTIONS AGAINST PRACTITIONERS AND 18, United States Code, is amended by adding (b) EXCLUDED INDIVIDUAL RETAINING OWN- PERSONS FOR FAILURE TO COMPLY WITH STAT- at the end the following new section: ERSHIP OR CONTROL INTEREST IN PARTICIPAT- UTORY OBLIGATIONS.—Section 1156(b)(3) of the ING ENTITY.—Section 1128A(a) of the Social Social Security Act (42 U.S.C. 1320c–5(b)(3)) is ‘‘§ 1347. Health care fraud Security Act (42 U.S.C. 1320a–7a(a)) is amend- amended by striking ‘‘the actual or esti- ‘‘(a) Whoever knowingly executes, or at- ed— mated cost’’ and inserting the following: ‘‘up tempts to execute, a scheme or artifice— (1) by striking ‘‘or’’ at the end of paragraph to $10,000 for each instance’’. ‘‘(1) to defraud any health plan or other (1)(D); (g) PROCEDURAL PROVISIONS.—Section person, in connection with the delivery of or (2) by striking ‘‘, or’’ at the end of para- 1876(i)(6) of such Act (42 U.S.C. 1395mm(i)(6)) payment for health care benefits, items, or graph (2) and inserting a semicolon; is further amended by adding at the end the services; or (3) by striking the semicolon at the end of following new subparagraph: ‘‘(2) to obtain, by means of false or fraudu- paragraph (3) and inserting ‘‘; or’’; and ‘‘(D) The provisions of section 1128A (other lent pretenses, representations, or promises, (4) by inserting after paragraph (3) the fol- than subsections (a) and (b)) shall apply to a any of the money or property owned by, or lowing new paragraph: civil money penalty under subparagraph (A) under the custody or control of, any health ‘‘(4) in the case of a person who is not an or (B) in the same manner as they apply to plan, or person in connection with the deliv- organization, agency, or other entity, is ex- a civil money penalty or proceeding under ery of or payment for health care benefits, cluded from participating in a program section 1128A(a).’’. items, or services; under title XVIII or a State health care pro- (h) PROHIBITION AGAINST OFFERING INDUCE- shall be fined under this title or imprisoned gram in accordance with this subsection or MENTS TO INDIVIDUALS ENROLLED UNDER PRO- not more than 10 years, or both. If the viola- under section 1128 and who, at the time of a GRAMS OR PLANS.— tion results in serious bodily injury (as de- violation of this subsection, retains a direct (1) OFFER OF REMUNERATION.—Section fined in section 1365(g)(3) of this title), such or indirect ownership or control interest of 5 1128A(a) of the Social Security Act (42 U.S.C. person shall be imprisoned for any term of percent or more, or an ownership or control 1320a–7a(a)) is amended— years. interest (as defined in section 1124(a)(3)) in, (A) by striking ‘‘or’’ at the end of para- or who is an officer, director, agent, or man- graph (1)(D); ‘‘(b) For purposes of this section, the term aging employee (as defined in section 1126(b)) (B) by striking ‘‘, or’’ at the end of para- ‘health plan’ has the same meaning given of, an entity that is participating in a pro- graph (2) and inserting a semicolon; such term in section 1128(i) of the Social Se- gram under title XVIII or a State health (C) by striking the semicolon at the end of curity Act.’’. care program;’’. paragraph (3) and inserting ‘‘; or’’; and (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 63 of (c) MODIFICATIONS OF AMOUNTS OF PEN- (D) by inserting after paragraph (3) the fol- ALTIES AND ASSESSMENTS.—Section 1128A(a) lowing new paragraph: title 18, United States Code, is amended by of the Social Security Act (42 U.S.C. 1320a– ‘‘(4) offers to or transfers remuneration to adding at the end the following: 7a(a)), as amended by subsection (b), is any individual eligible for benefits under ‘‘1347. Health care fraud.’’. amended in the matter following paragraph title XVIII of this Act, or under a State (b) CRIMINAL FINES DEPOSITED IN THE (4)— health care program (as defined in section HEALTH CARE FRAUD AND ABUSE CONTROL AC- (1) by striking ‘‘$2,000’’ and inserting 1128(h)) that such person knows or should COUNT.—The Secretary of the Treasury shall ‘‘$10,000’’; know is likely to influence such individual deposit into the Health Care Fraud and (2) by inserting ‘‘; in cases under paragraph to order or receive from a particular pro- Abuse Control Account established under (4), $10,000 for each day the prohibited rela- vider, practitioner, or supplier any item or section 5311(b) an amount equal to the crimi- tionship occurs’’ after ‘‘false or misleading service for which payment may be made, in nal fines imposed under section 1347 of title information was given’’; and whole or in part, under title XVIII, or a (3) by striking ‘‘twice the amount’’ and in- State health care program;’’. 18, United States Code (relating to health care fraud). serting ‘‘3 times the amount’’. (2) REMUNERATION DEFINED.—Section (d) CLAIM FOR ITEM OR SERVICE BASED ON 1128A(i) of such Act (42 U.S.C. 1320a–7a(i)) is SEC. 5352. FORFEITURES FOR FEDERAL HEALTH INCORRECT CODING OR MEDICALLY UNNECES- amended by adding the following new para- CARE OFFENSES. SARY SERVICES.—Section 1128A(a)(1) of the graph: (a) IN GENERAL.—Section 982(a) of title 18, Social Security Act (42 U.S.C. 1320a–7a(a)(1)) ‘‘(6) The term ‘remuneration’ includes the United States Code, is amended by adding is amended— waiver of coinsurance and deductible after paragraph (5) the following new para- (1) in subparagraph (A) by striking amounts (or any part thereof), and transfers graph: ‘‘claimed,’’ and inserting the following: of items or services for free or for other than ‘‘(6)(A) The court, in imposing sentence on ‘‘claimed, including any person who repeat- fair market value. The term ‘remuneration’ a person convicted of a Federal health care edly presents or causes to be presented a does not include— offense, shall order the person to forfeit claim for an item or service that is based on ‘‘(A) the waiver of coinsurance and deduct- property, real or personal, that— a code that the person knows or should know ible amounts by a person, if— ‘‘(i) is used in the commission of the of- will result in a greater payment to the per- ‘‘(i) the waiver is not offered as part of any fense if the offense results in a financial loss son than the code the person knows or advertisement or solicitation; or gain of $50,000 or more; or should know is applicable to the item or ‘‘(ii) the person does not routinely waive ‘‘(ii) constitutes or is derived from pro- service actually provided,’’; coinsurance or deductible amounts; and ceeds traceable to the commission of the of- (2) in subparagraph (C), by striking ‘‘or’’ at ‘‘(iii) the person— fense. the end; ‘‘(I) waives the coinsurance and deductible ‘‘(B) For purposes of this paragraph, the (3) in subparagraph (D), by striking ‘‘; or’’ amounts after determining in good faith that term ‘Federal health care offense’ means a and inserting ‘‘, or’’; and the individual is in financial need; violation of, or a criminal conspiracy to vio- (4) by inserting after subparagraph (D) the ‘‘(II) fails to collect coinsurance or deduct- late— following new subparagraph: ible amounts after making reasonable collec- ‘‘(i) section 1347 of this title; ‘‘(E) is for a medical or other item or serv- tion efforts; or ‘‘(ii) section 1128B of the Social Security ice that a person repeatedly knows or should ‘‘(III) provides for any permissible waiver Act; know is not medically necessary; or’’. as specified in section 1128B(b)(3) or in regu- ‘‘(iii) sections 287, 371, 664, 666, 1001, 1027, (e) PERMITTING SECRETARY TO IMPOSE CIVIL lations issued by the Secretary; 1341, 1343, or 1954 of this title if the violation MONETARY PENALTY.—Section 1128A(b) of the ‘‘(B) differentials in coinsurance and de- or conspiracy relates to health care fraud; Social Security Act (42 U.S.C. 1320a–7a(a)) is ductible amounts as part of a benefit plan and January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1779 ‘‘(iv) section 501 or 511 of the Employee Re- provide incentives for disclosures of poten- each State shall, consistent with State law, tirement Income Security Act of 1974, if the tial violations of such sections and provi- establish and maintain in accordance with violation or conspiracy relates to health care sions by providing that, under certain cir- subsection (b) a State agency to act as a fraud.’’. cumstances, the voluntary disclosure of Health Care Fraud and Abuse Control Unit (b) PROPERTY FORFEITED DEPOSITED IN wrongdoing would result in the imposition of for purposes of this part. HEALTH CARE FRAUD AND ABUSE CONTROL AC- penalties and punishments less substantial (b) DEFINITION.—In this section, a ‘‘State COUNT.—The Secretary of the Treasury shall than those that would be assessed for the Fraud Unit’’ means a Health Care Fraud and deposit into the Health Care Fraud and same wrongdoing if voluntary disclosure did Abuse Control Unit designated under sub- Abuse Control Account established under not occur. section (a) that the Secretary certifies meets section 5311(b) an amount equal to amounts SEC. 5357. OBSTRUCTION OF CRIMINAL INVES- the requirements of this part. resulting from forfeiture of property by rea- TIGATIONS OF FEDERAL HEALTH SEC. 5362. REQUIREMENTS FOR STATE FRAUD son of a Federal health care offense pursuant CARE OFFENSES. UNITS. to section 982(a)(6) of title 18, United States (a) IN GENERAL.—Chapter 73 of title 18, (a) IN GENERAL.—The State Fraud Unit Code. United States Code, is amended by adding at must— SEC. 5353. INJUNCTIVE RELIEF RELATING TO the end the following new section: (1) be a single identifiable entity of the FEDERAL HEALTH CARE OFFENSES. ‘‘§ 1518. Obstruction of Criminal Investiga- State government; (a) IN GENERAL.—Section 1345(a)(1) of title tions of Federal Health Care Offenses. (2) be separate and distinct from any State 18, United States Code, is amended— ‘‘(a) IN GENERAL.—Whoever willfully pre- agency with principal responsibility for the (1) by striking ‘‘or’’ at the end of subpara- vents, obstructs, misleads, delays or at- administration of any Federally-funded or graph (A); tempts to prevent, obstruct, mislead, or mandated health care program; (2) by inserting ‘‘or’’ at the end of subpara- delay the communication of information or (3) meet the other requirements of this sec- graph (B); and records relating to a Federal health care of- tion. (3) by adding at the end the following: fense to a criminal investigator shall be (b) SPECIFIC REQUIREMENTS DESCRIBED.— ‘‘(C) committing or about to commit a fined under this title or imprisoned not more The State Fraud Unit shall— Federal health care offense (as defined in than 5 years, or both. (1) be a Unit of the office of the State At- section 982(a)(6)(B) of this title);’’. ‘‘(b) FEDERAL HEALTH CARE OFFENSE.—As torney General or of another department of (b) FREEZING OF ASSETS.—Section 1345(a)(2) used in this section the term ‘Federal health State government which possesses statewide of title 18, United States Code, is amended by care offense’ has the same meaning given authority to prosecute individuals for crimi- inserting ‘‘or a Federal health care offense such term in section 982(a)(6)(B) of this title. nal violations; (as defined in section 982(a)(6)(B))’’ after ‘‘(c) CRIMINAL INVESTIGATOR.—As used in (2) if it is in a State the constitution of ‘‘title)’’. this section the term ‘criminal investigator’ which does not provide for the criminal pros- SEC. 5354. GRAND JURY DISCLOSURE. means any individual duly authorized by a ecution of individuals by a statewide author- Section 3322 of title 18, United States Code, department, agency, or armed force of the ity and has formal procedures, (A) assure its is amended— United States to conduct or engage in inves- referral of suspected criminal violations to (1) by redesignating subsections (c) and (d) tigations for prosecutions for violations of the appropriate authority or authorities in as subsections (d) and (e), respectively; and health care offenses.’’. the State for prosecution, and (B) assure its (2) by inserting after subsection (b) the fol- (b) CLERICAL AMENDMENT.—The table of assistance of, and coordination with, such lowing: sections at the beginning of chapter 73 of authority or authorities in such prosecu- ‘‘(c) A person who is privy to grand jury in- title 18, United State Code, in amended by tions; or formation concerning a Federal health care adding at the end the following: (3) have a formal working relationship offense (as defined in section 982(a)(6)(B))— ‘‘1518. Obstruction of Criminal Investigations with the office of the State Attorney General ‘‘(1) received in the course of duty as an at- of Federal Health Care Of- or the appropriate authority or authorities torney for the Government; or fenses.’’. for prosecution and have formal procedures ‘‘(2) disclosed under rule 6(e)(3)(A)(ii) of the (including procedures for its referral of sus- Federal Rules of Criminal Procedure; SEC. 5358. THEFT OR EMBEZZLEMENT. pected criminal violations to such office) may disclose that information to an attor- (a) IN GENERAL.—Chapter 31 of title 18, which provide effective coordination of ac- ney for the Government to use in any inves- United States Code, is amended by adding at tivities between the Fraud Unit and such of- tigation or civil proceeding relating to the end the following new section: fice with respect to the detection, investiga- health care fraud.’’. ‘‘§ 669. Theft or Embezzlement in Connection tion, and prosecution of suspected criminal SEC. 5355. FALSE STATEMENTS. with Health Care. violations relating to any Federally-funded (a) IN GENERAL.—Chapter 47, of title 18, ‘‘(a) IN GENERAL.—Whoever willfully em- or mandated health care programs. United States Code, is amended by adding at bezzles, steals, or otherwise without author- (c) STAFFING REQUIREMENTS.—The State the end the following: ity willfully and unlawfully converts to the Fraud Unit shall— ‘‘§ 1033. False statements relating to health use of any person other than the rightful (1) employ attorneys, auditors, investiga- care matters owner, or intentionally misapplies any of the tors and other necessary personnel; and moneys, funds, securities, premiums, credits, (2) be organized in such a manner and pro- ‘‘Whoever, in any matter involving a property, or other assets of a health care vide sufficient resources as is necessary to health plan, knowingly and willfully fal- benefit program, shall be fined under this promote the effective and efficient conduct sifies, conceals, or covers up by any trick, title or imprisoned not more than 10 years, of State Fraud Unit activities. scheme, or device a material fact, or makes or both. (d) COOPERATIVE AGREEMENTS; MEMORANDA any false, fictitious, or fraudulent state- ‘‘(b) FEDERAL HEALTH CARE OFFENSE.—As OF UNDERSTANDING.—The State Fraud Unit ments or representations, or makes or uses used in this section the term ‘Federal health shall have cooperative agreements with— any false writing or document knowing the care offense’ has the same meaning given (1) Federally-funded or mandated health same to contain any false, fictitious, or such term in section 982(a)(6)(B) of this care programs; fraudulent statement or entry, shall be fined title.’’. (2) similar Fraud Units in other States, as under this title or imprisoned not more than (b) CLERICAL AMENDMENT.—The table of exemplified through membership and partici- 5 years, or both.’’. sections at the beginning of chapter 31 of pation in the National Association of Medic- (b) CLERICAL AMENDMENT.—The table of title 18, United State Code, in amended by aid Fraud Control Units or its successor; and sections at the beginning of chapter 47 of adding at the end the following: (3) the Secretary. title 18, United State Code, in amended by (e) REPORTS.—The State Fraud Unit shall adding at the end the following: ‘‘669. Theft or Embezzlement in Connection with Health Care.’’. submit to the Secretary an application and ‘‘1033. False statements relating to health an annual report containing such informa- care matters.’’. SEC. 5359. LAUNDERING OF MONETARY INSTRU- tion as the Secretary determines to be nec- MENTS. SEC. 5356. VOLUNTARY DISCLOSURE PROGRAM. essary to determine whether the State Fraud Section 1956(c)(7) of title 18, United States In consultation with the Attorney General Unit meets the requirements of this section. Code, is amended by adding at the end the of the United States, the Secretary of Health (f) FUNDING SOURCE; PARTICIPATION IN ALL- following new subparagraph: and Human Services shall publish proposed PAYER PROGRAM.—In addition to those sums ‘‘(F) Any act or activity constituting an regulations not later than 9 months after the expended by a State under section 5364(a) for offense involving a Federal health care of- date of enactment of this Act, and final regu- purposes of determining the amount of the fense as that term is defined in section lations not later than 18 months after such Secretary’s payments, a State Fraud Unit 982(a)(6)(B) of this title.’’. date of enactment, establishing a program of may receive funding for its activities from voluntary disclosure that would facilitate PART F—PAYMENTS FOR STATE HEALTH other sources, the identity of which shall be the enforcement of sections 1128A and 1128B CARE FRAUD CONTROL UNITS reported to the Secretary in its application of the Social Security Act (42 U.S.C. 1320a-7a SEC. 5361. ESTABLISHMENT OF STATE FRAUD or annual report. The State Fraud Unit shall and 1320a-7b) and other relevant provisions of UNITS. participate in the all-payer fraud and abuse Federal law relating to health care fraud and (a) ESTABLISHMENT OF HEALTH CARE FRAUD control program established under section abuse. Such program should promote and AND ABUSE CONTROL UNIT.—The Governor of 5311. S 1780 CONGRESSIONAL RECORD — SENATE January 30, 1995 SEC. 5363. SCOPE AND PURPOSE. accordance with criteria issued by the Sec- (2) Hospitals. The State Fraud Unit shall carry out the retary. (3) Patient advocacy groups. following activities: (d) APPLICATION.—To be eligible to receive (4) State governments. (1) The State Fraud Unit shall conduct a a grant under this section, a State, acting (5) Academic experts from applicable dis- statewide program for the investigation and through the appropriate State health au- ciplines (including medicine, law, public prosecution (or referring for prosecution) of thority, shall submit an application at such health, and economics) and specialists in ar- violations of all applicable state laws regard- time, in such manner, and containing such bitration and dispute resolution. ing any and all aspects of fraud in connec- agreements, assurances, and information as (6) Health insurers and medical mal- tion with any aspect of the administration the Assistant Secretary determines to be practice insurers. and provision of health care services and ac- necessary to carry out this section, includ- (7) Medical product manufacturers. tivities of providers of such services under ing an assurance that the State system (8) Pharmaceutical companies. any Federally-funded or mandated health meets the requirements of section 6002. (9) Other professions and groups deter- care programs; (e) AUTHORIZATION OF APPROPRIATIONS.— mined appropriate by the Secretary. (2) The State Fraud Unit shall have proce- There are authorized to be appropriated to (c) DUTIES.—The ADR Advisory Board dures for reviewing complaints of the abuse carry out this section such sums as may be shall— or neglect of patients of facilities (including necessary for each of the 1996 through 1999 (1) examine various dispute resolution sys- patients in residential facilities and home fiscal years. tems and provide advice and assistance to health care programs) that receive payments SEC. 6002. BASIC REQUIREMENTS. States regarding the establishment of such under any Federally-funded or mandated A State’s alternative dispute resolution systems; health care programs, and, where appro- system meets the requirements of this sec- (2) not later than 1 year after the appoint- priate, to investigate and prosecute such tion if the system— ment of its members, submit to the Sec- complaints under the criminal laws of the (1) applies to all medical malpractice li- retary— State or for referring the complaints to ability claims under the jurisdiction of the (A) a model alternative dispute resolution other State agencies for action. courts of that State; system that may be used by a State for pur- (3) The State Fraud Unit shall provide for (2) requires that a written opinion resolv- poses of this title, and the collection, or referral for collection to ing the dispute be issued not later than 6 (B) a model alternative Federal system the appropriate agency, of overpayments months after the date by which each party that may be used by the Secretary; and that are made under any Federally-funded or against whom the claim is filed has received (3) review the applications of States for mandated health care program and that are notice of the claim (other than in excep- certification of State alternative dispute res- discovered by the State Fraud Unit in carry- tional cases for which a longer period is re- olution systems and make recommendations ing out its activities. quired for the issuance of such an opinion), to the Secretary regarding whether the sys- and that the opinion contain— tems should be certified under section 6004. SEC. 5364. PAYMENTS TO STATES. (A) findings of fact relating to the dispute, (a) MATCHING PAYMENTS TO STATES.—Sub- and SEC. 6004. CERTIFICATION OF STATE SYSTEMS; ject to subsection (c), for each year for which (B) a description of the costs incurred in APPLICABILITY OF ALTERNATIVE a State has a State Fraud Unit approved resolving the dispute under the system (in- FEDERAL SYSTEM. under section 5362(b) in operation the Sec- cluding any fees paid to the individuals hear- (a) CERTIFICATION.— retary shall provide for a payment to the ing and resolving the claim), together with (1) APPLICATION BY STATE.—Each State State for each quarter in a fiscal year in an an appropriate assessment of the costs shall submit an application to the ADR Ad- amount equal to the applicable percentage of against any of the parties; visory Board describing its alternative dis- the sums expended during the quarter by the (3) requires individuals who hear and re- pute resolution system and containing such State Fraud Unit. solve claims under the system to meet such information as the ADR Advisory Board may (b) APPLICABLE PERCENTAGE DEFINED.— qualifications as the State may require (in require to make a recommendation regard- (1) IN GENERAL.—In subsection (a), the ‘‘ap- accordance with regulations of the Sec- ing whether the system meets the require- plicable percentage’’ with respect to a State retary); ments of this title. for a fiscal year is— (4) is approved by the State or by local (2) BASIS FOR CERTIFICATION.—Not later (A) 90 percent, for quarters occurring dur- governments in the State; than October 1 of each year (beginning with ing the first 3 years for which the State (5) with respect to a State system that 1995), the Secretary, taking into consider- Fraud Unit is in operation; or consists of multiple dispute resolution proce- ation the recommendations of the ADR Advi- (B) 75 percent, for any other quarters. dures— sory Board, shall certify a State’s alter- (2) TREATMENT OF STATES WITH MEDICAID (A) permits the parties to a dispute to se- native dispute resolution system under this FRAUD CONTROL UNITS.—In the case of a State lect the procedure to be used for the resolu- subsection for the following calendar year if with a State medicaid fraud control in oper- tion of the dispute under the system, and the Secretary determines that the system ation prior to or as of the date of the enact- (B) if the parties do not agree on the proce- meets the requirements of section 6002. ment of this Act, in determining the number dure to be used for the resolution of the dis- (b) APPLICABILITY OF ALTERNATIVE FED- of years for which the State Fraud Unit pute, assigns a particular procedure to the ERAL SYSTEM.— under this part has been in operation, there parties; (1) ESTABLISHMENT AND APPLICABILITY.— shall be included the number of years for (6) provides for the transmittal to the Not later than October 1, 1995, the Secretary, which such State medicaid fraud control State agency responsible for monitoring or taking into consideration the model alter- unit was in operation. disciplining health care professionals and native Federal system submitted by the ADR (c) LIMIT ON PAYMENT.—Notwithstanding health care providers of any findings made Advisory Board under section 6003(c)(2)(B), subsection (a), the total amount of payments under the system that such a professional or shall establish by rule an alternative Federal made to a State under this section for a fis- provider committed malpractice, unless, dur- ADR system for the resolution of medical cal year may not exceed the amounts as au- ing the 90-day period beginning on the date malpractice liability claims during a cal- thorized pursuant to section 1903(b)(3) of the the system resolves the claim against the endar year in States that do not have in ef- Social Security Act. professional or provider, the professional or fect an alternative dispute resolution system provider brings an action contesting the de- certified under subsection (a) for the year. TITLE VI—MALPRACTICE REFORM cision made under the system; and (2) REQUIREMENTS FOR SYSTEM.—Under the SEC. 6001. ALTERNATIVE DISPUTE RESOLUTION. (7) provides for the regular transmittal to alternative Federal ADR system established (a) ESTABLISHMENT.—The Secretary of the Administrator for Health Care Policy under paragraph (1)— Health and Human Services (hereafter re- and Research of information on disputes re- (A) paragraphs (1), (2), (6), and (7) of section ferred to in this title as the ‘‘Secretary’’) solved under the system, in a manner that 6002(a) shall apply to claims brought under shall establish a program of grants to assist assures that the identity of the parties to a the system; States in establishing alternative dispute dispute shall not be revealed. (B) if the system provides for the resolu- resolution systems. SEC. 6003. ALTERNATIVE DISPUTE RESOLUTION tion of claims through arbitration, the (b) USE OF FUNDS.—A State may use a ADVISORY BOARD. claims brought under the system shall be grant awarded under subsection (a) to estab- (a) ESTABLISHMENT.—Not later than 1 year heard and resolved by arbitrators appointed lish alternative dispute resolution systems after the date of the enactment of this Act, by the Secretary in consultation with the that— the Secretary shall establish an Alternative Attorney General; and (1) identify claims of professional neg- Dispute Resolution Advisory Board to advise (C) with respect to a State in which the ligence that merit compensation; the Secretary regarding the establishment of system is in effect, the Secretary may (at (2) encourage early resolution of meritori- alternative dispute resolution systems at the the State’s request) modify the system to ous claims prior to commencement of a law- State and Federal levels. take into account the existence of dispute suit; and (b) COMPOSITION.—The ADR Advisory resolution procedures in the State that af- (3) encourage early withdrawal or dismis- Board shall be composed of members ap- fect the resolution of medical malpractice li- sal of nonmeritorious claims. pointed by the Secretary from among rep- ability claims. (c) AWARD OF GRANTS.—The Secretary resentatives of the following: (3) TREATMENT OF STATES WITH ALTER- shall allocate grants under this section in (1) Physicians. NATIVE SYSTEM IN EFFECT.—If the alternative January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1781 Federal ADR system established under this fense to medical malpractice liability ac- (4) encourage participation of dependents subsection is applied with respect to a State tions brought during the next calendar year of employees and retirees in wellness pro- for a calendar year, the State shall make a as appropriate practice parameters for pur- grams. payment to the United States (at such time poses of subsection (a). (f) AUTHORIZATION OF APPROPRIATIONS.— and in such manner as the Secretary may re- (d) PROHIBITING APPLICATION OF FAILURE TO There are authorized to be appropriated to quire) in an amount equal to 110 percent of FOLLOW PARAMETERS AS PRIMA FACIE EVI- carry out this section, such sums as may be the costs incurred by the United States dur- DENCE OF NEGLIGENCE.—No plaintiff in a necessary in each of the fiscal years 1995 ing the year as a result of the application of medical malpractice liability action may be through 1999. the system with respect to the State. deemed to have presented prima facie evi- SEC. 7003. EXPANDING AND IMPROVING SCHOOL SEC. 6005. REPORTS ON IMPLEMENTATION AND dence that a defendant was negligent solely HEALTH EDUCATION. EFFECTIVENESS OF ALTERNATIVE by showing that the defendant failed to fol- (a) AUTHORIZATION OF APPROPRIATIONS.— DISPUTE RESOLUTION SYSTEMS. low the appropriate practice guidelines. There are authorized to be appropriated to (a) IN GENERAL.—Not later than 5 years TITLE VII—HEALTH PROMOTION AND carry out subsection (b), such sums as may after the date of the enactment of this Act, DISEASE PREVENTION be necessary for each of the fiscal years 1995 the Secretary shall prepare and submit to SEC. 7001. DISEASE PREVENTION AND HEALTH through 1999. the Congress a report describing and evaluat- PROMOTION PROGRAMS TREATED (b) GENERAL USE OF FUNDS.—The Secretary ing State alternative dispute resolution sys- AS MEDICAL CARE. shall use amounts appropriated under sub- tems operated pursuant to this title and the (a) IN GENERAL.—For purposes of section section (a) to expand comprehensive school alternative Federal system established under 213(d)(1) of the Internal Revenue Code of 1986 health education programs administered by section 6004(b). (defining medical care), qualified expendi- the Centers for Disease Control and Preven- (b) CONTENTS OF REPORT.—The Secretary tures (as defined by the Secretary of Health tion under sections 301 and 311 of the Public shall include in the report prepared and sub- and Human Services) for disease prevention Health Service Act (42 U.S.C. 241 and 243). mitted under subsection (a)— and health promotion programs shall be con- (c) SPECIFIC USE OF FUNDS.—In meeting the (1) information on— sidered amounts paid for medical care. requirement of subsection (b), the Secretary (A) the effect of the alternative dispute (b) EFFECTIVE DATE.—Subsection (a) shall shall expand the number of children receiv- resolution systems on the cost of health care apply to amounts paid in taxable years be- ing planned, sequential kindergarten within each State, ginning after December 31, 1995. through 12th grade comprehensive school (B) the impact of such systems on the ac- SEC. 7002. WORKSITE WELLNESS GRANT PRO- education as a component of comprehensive cess of individuals to health care within the GRAM. programs of school health, including State, and (a) GRANTS.—The Secretary of Health and (1) physical education programs that pro- (C) the effect of such systems on the qual- Human Services (hereafter referred to in this mote lifelong physical activity; ity of health care provided within the State; title as the ‘‘Secretary’’) shall award grants (2) healthy school food service selections; and to States (through State health departments (3) programs that promote a healthy and (2) to the extent that such report does not or other State agencies working in consulta- safe school environment; provide information on no-fault systems op- tion with the State health agency) to enable (4) schoolsite health promotion for faculty erated by States as alternative dispute reso- such States to provide assistance to busi- and staff; lution systems pursuant to this part, an nesses with not to exceed 100 employees for (5) integrated school and community analysis of the feasibility and desirability of the establishment and operation of worksite health promotion efforts; and establishing a system under which medical wellness programs for their employees. (6) school nursing disease prevention and malpractice liability claims shall be resolved (b) APPLICATION.—To be eligible for a grant health promotion services. on a no-fault basis. under subsection (a), a State shall prepare (d) COORDINATION OF EXISTING PROGRAMS.— SEC. 6006. OPTIONAL APPLICATION OF PRACTICE and submit to the Secretary an application The Secretary of Health and Human Serv- GUIDELINES. at such time, in such manner, and contain- ices, the Secretary of Education and the Sec- (a) DEVELOPMENT AND CERTIFICATION OF ing such information as the Secretary may retary of Agriculture shall work coopera- GUIDELINES.—Each State may develop, for require, including— tively to coordinate existing school health certification by the Secretary if the Sec- (1) a description of the manner in which education programs within their Depart- retary determines appropriate, a set of spe- the State intends to use amounts received ments in a manner that maximized the effi- cialty clinical practice guidelines. under the grant; and ciency and effectiveness of Federal expendi- (b) PROVISION OF HEALTH CARE UNDER (2) assurances that the State will only use tures in this area. GUIDELINES.—Notwithstanding any other amounts provided under such grant to pro- provision of law, in any medical malpractice vide assistance to businesses that can dem- TITLE VIII—TAX INCENTIVES FOR LONG- liability action arising from the conduct of a onstrate that they are in compliance with TERM CARE health care provider or health care profes- minimum program characteristics (relative SEC. 8001. SHORT TITLE. sional, if such conduct was in accordance to scope and regularity of services offered) This title may be cited as the ‘‘Private with a guideline developed by the State in that are developed by the Secretary in con- Long-Term Care Family Protection Act of which the conduct occurred and certified by sultation with experts in public health and 1995’’. the Secretary under subsection (a), the representatives of small business. SEC. 8002. AMENDMENT OF 1986 CODE. guideline— Grants shall be distributed to States based Except as otherwise expressly provided, (1) may be introduced by any party to the on the population of individuals employed by whenever in this title an amendment or re- action (including a health care provider, small businesses. peal is expressed in terms of an amendment health care professional, or patient); and (c) PROGRAM CHARACTERISTICS.—In devel- to, or repeal of, a section or other provision, (2) if introduced, shall establish a rebutta- oping minimum program characteristics the reference shall be considered to be made ble presumption that the conduct was in ac- under subsection (b)(2), the Secretary shall to a section or other provision of the Inter- cordance with the appropriate standard of ensure that all activities established or en- nal Revenue Code of 1986. medical care, which may only be overcome hanced under a grant under this section have by the presentation of clear and convincing clearly defined goals and objectives and dem- Subtitle A—Tax Treatment of Long-Term evidence on behalf of the party against onstrate how receipt of such assistance will Care Insurance whom the presumption operates. help to achieve established State or local SEC. 8101. QUALIFIED LONG-TERM CARE SERV- (c) RESTRICTION ON PARAMETERS CONSID- health objectives based on the National ICES TREATED AS MEDICAL CARE. ERED APPROPRIATE.— Health Promotion and Disease Prevention (a) GENERAL RULE.—Paragraph (1) of sec- (1) PARAMETERS SANCTIONED BY SEC- Objectives. tion 213(d) (defining medical care) is amend- RETARY.—For purposes of subsection (a), a (d) USE OF FUNDS.—Amounts received ed by striking ‘‘or’’ at the end of subpara- specialty clinical practice guideline may not under a grant awarded under subsection (a) graph (B), by striking subparagraph (C), and be considered appropriate with respect to ac- shall be used by a State to provide grants to by inserting after subparagraph (B) the fol- tions brought during a year unless the Sec- businesses (as described in subsection (a)), lowing new subparagraphs: retary has sanctioned the use of the guide- nonprofit organizations, or public authori- ‘‘(C) for qualified long-term care services line for purposes of an affirmative defense to ties, or to operate State-run worksite (as defined in subsection (f)), medical malpractice liability actions wellness programs. ‘‘(D) for insurance covering medical care brought during the year in accordance with (e) SPECIAL EMPHASIS.—In funding business referred to in— paragraph (2). worksite wellness projects under this sec- ‘‘(i) subparagraphs (A) and (B), or (2) PROCESS FOR SANCTIONING PARAM- tion, a State shall give special emphasis to— ‘‘(ii) subparagraph (C), but only if such in- ETERS.—Not less frequently than October 1 of (1) the development of joint wellness pro- surance is provided under a qualified long- each year (beginning with 1996), the Sec- grams between employers; term care insurance policy (as defined in sec- retary shall review the practice guidelines (2) the development of employee assistance tion 7702B(b)) and the deduction under this and standards submitted by the State under programs dealing with substance abuse; section for amounts paid for such insurance subsection (a), and shall sanction those (3) maximizing the use and coordination is not disallowed under section 7702B(d)(4), or guidelines which the Secretary considers ap- with existing community resources such as ‘‘(E) for premiums under part B of title propriate for purposes of an affirmative de- nonprofit health organizations; and XVIII of the Social Security Act, relating to S 1782 CONGRESSIONAL RECORD — SENATE January 30, 1995

supplementary medical insurance for the ‘‘(ii) a qualified community care case man- ‘‘(1) IN GENERAL.—The term ‘qualified long- aged.’’. ager (as defined in subparagraph (B)), or term care insurance policy’ means any long- (b) QUALIFIED LONG-TERM CARE SERVICES ‘‘(iii) any other individual who meets such term care insurance policy (as defined in DEFINED.—Section 213 (relating to the deduc- requirements as may be prescribed by the paragraph (10)) that— tion for medical, dental, etc., expenses) is Secretary after consultation with the Sec- ‘‘(A) limits benefits under such policy to amended by adding at the end the following retary of Health and Human Services. incapacitated individuals (as defined in sec- new subsection: ‘‘(B) QUALIFIED COMMUNITY CARE CASE MAN- tion 213(f)(2)), and ‘‘(f) QUALIFIED LONG-TERM CARE SERV- AGER.—The term ‘qualified community care ‘‘(B) satisfies the requirements of para- ICES.—For purposes of this section— case manager’ means an individual or entity graphs (2) through (9). ‘‘(1) IN GENERAL.—The term ‘qualified long- which— ‘‘(2) PREMIUM REQUIREMENTS.—The require- term care services’ means necessary diag- ‘‘(i) has experience or has been trained in ments of this paragraph are met with respect nostic, curing, mitigating, treating, preven- providing case management services and in to a long-term care insurance policy if such tive, therapeutic, and rehabilitative services, preparing individual care plans, policy provides that premium payments may and maintenance and personal care services ‘‘(ii) has experience in assessing individ- not be made earlier than the date such pay- (whether performed in a residential or uals to determine their functional and cog- ments would have been made if the policy nonresidential setting), which— nitive impairment, and provided for level annual payments over the ‘‘(A) are required by an individual during ‘‘(iii) meets such requirements as may be life expectancy of the insured or 20 years, any period the individual is an incapacitated prescribed by the Secretary after consulta- whichever is shorter. A policy shall not be tion with the Secretary of Health and individual (as defined in paragraph (2)), treated as failing to meet the requirements Human Services. ‘‘(B) have as their primary purpose— of the preceding sentence solely by reason of ‘‘(5) CERTAIN SERVICES NOT INCLUDED.—The ‘‘(i) the provision of needed assistance with a provision in the policy providing for a term ‘qualified long-term care services’ shall 1 or more activities of daily living (as de- waiver of premiums if the insured becomes not include any services provided to an indi- fined in paragraph (3)), or an incapacitated individual (as defined in vidual— ‘‘(ii) protection from threats to health and ‘‘(A) by a relative (directly or through a section 213(f)(2)). safety due to severe cognitive impairment, partnership, corporation, or other entity) ‘‘(3) PROHIBITION OF CASH VALUE.—The re- and unless the relative is a licensed professional quirements of this paragraph are met with ‘‘(C) are provided pursuant to a continuing with respect to such services, or respect to a long-term care insurance policy plan of care prescribed by a licensed profes- ‘‘(B) by a corporation or partnership which if such policy does not provide for a cash sional (as defined in paragraph (4)). is related (within the meaning of section value or other money that can be paid, as- ‘‘(2) INCAPACITATED INDIVIDUAL.—The term 267(b) or 707(b)) to the individual. signed, pledged as collateral for a loan, or ‘incapacitated individual’ means any individ- borrowed, other than as provided in para- For purposes of this paragraph, the term ual who has been certified by a licensed pro- graph (4). ‘relative’ means an individual bearing a rela- fessional as— ‘‘(4) REFUNDS OF PREMIUMS AND DIVI- tionship to the individual which is described DENDS.—The requirements of this paragraph ‘‘(A) being unable to perform, without sub- in paragraphs (1) through (8) of section are met with respect to a long-term care in- stantial assistance from another individual, 152(a).’’. surance policy if such policy provides that— at least 2 activities of daily living (as defined (c) TECHNICAL AMENDMENTS.—Paragraph (6) ‘‘(A) policyholder dividends are required to in paragraph (3)), of section 213(d) is amended— be applied as a reduction in future premiums ‘‘(B) having moderate cognitive impair- (1) by striking ‘‘subparagraphs (A) and (B)’’ ment as defined by the Secretary in con- and inserting ‘‘subparagraphs (A), (B), and or to increase benefits described in sub- sultation with the Secretary of Health and (C)’’, and section (a)(2), Human Services, or (2) by striking ‘‘paragraph (1)(C) applies’’ ‘‘(B) refunds of premiums upon a partial ‘‘(C) having a level of disability similar (as in subparagraph (A) and inserting ‘‘subpara- surrender or a partial cancellation are re- determined by the Secretary in consultation graphs (C) and (D) of paragraph (1) apply’’. quired to be applied as a reduction in future premiums, and with the Secretary of Health and Human SEC. 8102. TREATMENT OF LONG-TERM CARE IN- Services) to the level of disability described SURANCE. ‘‘(C) any refund on the death of the in- sured, or on a complete surrender or can- in subparagraph (A). (a) GENERAL RULE.—Chapter 79 (relating to ‘‘(3) ACTIVITIES OF DAILY LIVING.— definitions) is amended by inserting after cellation of the policy, cannot exceed the ag- ‘‘(A) IN GENERAL.—Each of the following is section 7702A the following new section: gregate premiums paid under the policy. an activity of daily living: ‘‘SEC. 7702B. TREATMENT OF LONG-TERM CARE Any refund on a complete surrender or can- ‘‘(i) Eating. INSURANCE. cellation of the policy shall be includable in ‘‘(ii) Toileting. ‘‘(a) IN GENERAL.—For purposes of this sub- gross income to the extent that any deduc- ‘‘(iii) Transferring. title— tion or exclusion was allowable with respect ‘‘(iv) Bathing. ‘‘(1) a qualified long-term care insurance to the premiums. ‘‘(v) Dressing. policy (as defined in subsection (b)) shall be ‘‘(5) COORDINATION WITH OTHER ENTITLE- ‘‘(vi) Continence. treated as an accident and health insurance MENTS.—The requirements of this paragraph ‘‘(B) DEFINITIONS.—For purposes of this contract, are met with respect to a long-term care in- paragraph: ‘‘(2) any plan of an employer providing cov- surance policy if such policy does not cover ‘‘(i) EATING.—The term ‘eating’ means the erage under a qualified long-term care insur- expenses incurred to the extent that such ex- process of getting food from a plate or its ance policy shall be treated as an accident penses are also covered under title XVIII of equivalent into the mouth. and health plan with respect to such cov- the Social Security Act. For purposes of this ‘‘(ii) TOILETING.—The term ‘toileting’ erage, paragraph, a long-term care insurance policy means the act of going to the toilet room for ‘‘(3) amounts (other than policyholder divi- which coordinates expenses incurred under bowel and bladder function, transferring on dends (as defined in section 808) or premium such policy with expenses incurred under and off of the toilet, cleaning oneself after refunds) received under a qualified long-term title XVIII of such Act shall not be consid- elimination, and arranging clothes. care insurance policy (including ered to duplicate such expenses. ‘‘(iii) TRANSFERRING.—The term ‘transfer- nonreimbursement payments described in ‘‘(6) REQUIREMENTS OF MODEL REGULATION ring’ means the process of getting in and out subsection (b)(6)) shall be treated— AND ACT.— of bed or in and out of a chair or wheelchair. ‘‘(A) as amounts received for personal inju- ‘‘(A) IN GENERAL.—The requirements of ‘‘(iv) BATHING.—The term ‘bathing’ means ries and sickness, and this paragraph are met with respect to a the overall complex behavior of using water ‘‘(B) as amounts received for the perma- long-term care insurance policy if such pol- for cleansing the whole body, including nent loss of a function of the body and as icy meets— cleansing as part of a bath, shower, or sponge amounts computed with reference to the na- ‘‘(i) MODEL REGULATION.—The following re- bath, getting to, in, and out of a tub or show- ture of injury under section 105(c) to the ex- quirements of the model regulation: er, and washing and drying oneself. tent that such amounts do not exceed the ‘‘(I) Section 7A (relating to guaranteed re- ‘‘(v) DRESSING.—The term ‘dressing’ means dollar amount in effect under subsection (f) newal or noncancellability), and the require- the overall complex behavior of getting for the taxable year, ments of section 6B of the model Act relat- clothes from closets and drawers and then ‘‘(4) amounts paid for a qualified long-term ing to such section 7A. getting dressed. care insurance policy described in subsection ‘‘(II) Section 7B (relating to prohibitions ‘‘(vi) CONTINENCE.—The term ‘continence’ (b)(11) shall be treated as payments made for on limitations and exclusions). means the ability to voluntarily control insurance for purposes of section 213(d)(1)(D), ‘‘(III) Section 7C (relating to extension of bowel and bladder function and to maintain and benefits). a reasonable level of personal hygiene. ‘‘(5) a qualified long-term care insurance ‘‘(IV) Section 7D (relating to continuation ‘‘(4) LICENSED PROFESSIONAL.— policy shall be treated as a guaranteed re- or conversion of coverage). ‘‘(A) IN GENERAL.—The term ‘licensed pro- newable contract subject to the rules of sec- ‘‘(V) Section 7E (relating to discontinuance fessional’ means— tion 816(e). and replacement of policies). ‘‘(i) a physician or registered professional ‘‘(b) QUALIFIED LONG-TERM CARE INSUR- ‘‘(VI) Section 8 (relating to unintentional nurse, ANCE POLICY.—For purposes of this title— lapse). January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1783 ‘‘(VII) Section 9 (relating to disclosure), ‘‘(ii) After the expiration of the 3-year pe- therapeutic, rehabilitative, maintenance, or other than section 9F thereof. riod required under clause (i), any rate in- personal care services provided in a setting ‘‘(VIII) Section 10 (relating to prohibitions crease shall be guaranteed for a period of at other than an acute care unit of a hospital, against post-claims underwriting). least 2 years from the effective date of such and ‘‘(IX) Section 11 (relating to minimum rate increase. ‘‘(II) issued by insurers, fraternal benefit standards). ‘‘(iii) In the case of any individual age 75 or societies, nonprofit health, hospital, and ‘‘(X) Section 12 (relating to requirement to older who has maintained coverage under a medical service corporations, prepaid health offer inflation protection), except that any long-term care insurance policy for 10 years, plans, health maintenance organizations or requirement for a signature on a rejection of rate increases under such policy shall not ex- any similar organization to the extent such inflation protection shall permit the signa- ceed 10 percent in any 12-month period. organizations are otherwise authorized to ture to be on an application or on a separate ‘‘(C) INCREASES IN PREMIUMS.—The require- issue life or health insurance. form. ments specified in this subparagraph are as ‘‘(XI) Section 23 (relating to prohibition follows: Such term includes group and individual an- against preexisting conditions and proba- ‘‘(i) IN GENERAL.—If an issuer of a long- nuities and life insurance policies or riders tionary periods in replacement policies or term care insurance policy, including any which provide directly or which supplement certificates). group master policy, plans to increase the long-term care insurance and includes a pol- ‘‘(ii) MODEL ACT.—The following require- premium rates for a policy, such issuer shall, icy or rider which provides for payment of ments of the model Act: at least 90 days before the effective date of benefits based on cognitive impairment or ‘‘(I) Section 6C (relating to preexisting the rate increase, offer to each individual the loss of functional capacity. conditions). policyholder under such policy the option to ‘‘(ii) EXCLUSIONS.—The term ‘long-term ‘‘(II) Section 6D (relating to prior hos- remain insured under the policy at a reduced care insurance’ shall not include— pitalization). level of benefits that maintains the premium ‘‘(I) any insurance policy which is offered ‘‘(B) DEFINITIONS.—For purposes of this rate at the rate in effect on the day before primarily to provide basic coverage to sup- paragraph— the effective date of the rate increase. plement coverage under the medicare pro- ‘‘(i) MODEL PROVISIONS.—The terms ‘model ‘‘(ii) INCREASES OF MORE THAN 50 PERCENT.— gram under title XVIII of the Social Secu- regulation’ and ‘model Act’ mean the long- If an issuer of a long-term care insurance rity Act, basic hospital expense coverage, term care insurance model regulation, and policy, including any group master policy, basic medical-surgical expense coverage, the long-term care insurance model Act, re- increases premium rates for a policy by more hospital confinement coverage, major medi- spectively, promulgated by the National As- than 50 percent in any 3-year period— cal expense coverage, disability income or sociation of Insurance Commissioners (as ‘‘(I) in the case of an individual long-term related asset-protection coverage, accident adopted in January of 1993). care insurance policy, the issuer shall dis- only coverage, specified disease or specified ‘‘(ii) COORDINATION.—Any provision of the continue issuing all individual long-term accident coverage, or limited benefit health model regulation or model Act listed under care policies in any State in which the issuer coverage, or clause (i) or (ii) of subparagraph (A) shall be issues such policy for a period of 2 years ‘‘(II) life insurance policies— treated as including any other provision of from the effective date of such premium in- ‘‘(aa) which accelerate the death benefit such regulation or Act necessary to imple- crease, and specifically for 1 or more of the qualifying ment the provision. ‘‘(II) in the case of a group master long- events of terminal illness or medical condi- ‘‘(7) TAX DISCLOSURE REQUIREMENT.—The term care insurance policy, the issuer shall tions requiring extraordinary medical inter- requirement of this paragraph is met with discontinue issuing all group master long- vention or permanent institutional confine- respect to a long-term care insurance policy term care insurance policies in any State in ment, if such policy meets the requirements of sec- which the issuer issues such policy for a pe- ‘‘(bb) which provide the option of a lump- riod of 2 years from the effective date of such tion 4980C(d)(1). sum payment for such benefits, and ‘‘(8) NONFORFEITURE REQUIREMENTS.— premium increase. ‘‘(cc) under which neither such benefits nor ‘‘(A) IN GENERAL.—The requirements of This clause shall apply to any issuer of long- the eligibility for the benefits is conditioned this paragraph are met with respect to a term care insurance policies or any other upon the receipt of long-term care. long-term care insurance policy, if the issuer person that purchases or otherwise acquires ‘‘(11) NONREIMBURSEMENT PAYMENTS PER- of such policy offers to the policyholder, in- any long-term care insurance policies from MITTED.—For purposes of subsection (a)(4), a cluding any group policyholder, a another issuer or person. policy is described in this paragraph if, under nonforfeiture provision meeting the require- ‘‘(D) MODIFICATIONS OR WAIVERS OF RE- the policy, payments are made to (or on be- ments specified in subparagraph (B). QUIREMENTS.—The Secretary may modify or half of) an insured individual on a per diem ‘‘(B) REQUIREMENTS OF PROVISION.—The re- waive any of the requirements under this or other periodic basis without regard to the quirements specified in this subparagraph paragraph if— expenses incurred or services rendered dur- are as follows: ‘‘(i) such requirements will adversely af- ing the period to which the payments relate. ‘‘(i) The nonforfeiture provision shall be fect an issuer’s solvency, ‘‘(c) TREATMENT OF LONG-TERM CARE IN- appropriately captioned. ‘‘(ii) such modification or waiver is re- SURANCE POLICIES.—For purposes of this ‘‘(ii) The nonforfeiture provision shall pro- quired for the issuer to meet other State or title, any amount received or coverage pro- vide for a benefit available in the event of a Federal requirements, default in the payment of any premiums and ‘‘(iii) medical developments, new disabling vided under a long-term care insurance pol- the amount of the benefit may be adjusted diseases, changes in long-term care delivery, icy that is not a qualified long-term care in- subsequent to being initially granted only as or a new method of financing long-term care surance policy shall not be treated as an necessary to reflect changes in claims, per- will result in changes to mortality and mor- amount received for personal injuries or sistency, and interest as reflected in changes bidity patterns or assumptions, sickness or provided under an accident and in rates for premium paying policies ap- ‘‘(iv) judicial interpretation of a policy’s health plan and shall not be treated as ex- proved by the Secretary for the same policy benefit features results in unintended claim cludable from gross income under any provi- form. liabilities, or sion of this title. ‘‘(iii) The nonforfeiture provision shall pro- ‘‘(v) in the case of a purchase or other ac- ‘‘(d) TREATMENT OF COVERAGE PROVIDED AS vide at least 1 of the following: quisition of long-term care insurance poli- PART OF A LIFE INSURANCE CONTRACT.—Ex- ‘‘(I) Reduced paid-up insurance. cies of an issuer or other person, the contin- cept as otherwise provided in regulations, in ‘‘(II) Extended term insurance. ued sale of other long-term care insurance the case of any long-term care insurance ‘‘(III) Shortened benefit period. policies by the purchasing issuer or person is coverage provided by rider on a life insur- ‘‘(IV) Other similar offerings approved by in the best interests of individual consumers. ance contract, the following rules shall the Secretary. ‘‘(10) LONG-TERM CARE INSURANCE POLICY apply: ‘‘(9) RATE STABILIZATION.— DEFINED.— ‘‘(1) IN GENERAL.—This section shall apply ‘‘(A) IN GENERAL.—The requirements of ‘‘(A) IN GENERAL.—For purposes of this sec- as if the portion of the contract providing this paragraph are met with respect to a tion, the term ‘long-term care insurance pol- such coverage is a separate contract or pol- long-term care insurance policy, including icy’ means any product which is advertised, icy. any group master policy, if— marketed, or offered as long-term care insur- ‘‘(2) PREMIUMS AND CHARGES FOR LONG-TERM ‘‘(i) such policy contains the minimum ance (as defined in subparagraph (B)). CARE COVERAGE.—Premium payments for rate guarantees specified in subparagraph ‘‘(B) LONG-TERM CARE INSURANCE.— long-term care insurance policy coverage (B), and ‘‘(i) IN GENERAL.—The term ‘long-term care and charges against the life insurance con- ‘‘(ii) the issuer of such policy meets the re- insurance’ means any insurance policy or tract’s cash surrender value (within the quirements specified in subparagraph (C). rider— meaning of section 7702(f)(2)(A)) for such cov- ‘‘(B) MINIMUM RATE GUARANTEES.—The ‘‘(I) advertised, marketed, offered, or de- erage, shall be treated as premiums for pur- minimum rate guarantees specified in this signed to provide coverage for not less than poses of subsection (b)(2). subparagraph are as follows: 12 consecutive months for each covered per- ‘‘(3) APPLICATION OF 7702.—Section 7702(c)(2) ‘‘(i) Rates under the policy shall be guaran- son on an expense incurred, indemnity, pre- (relating to the guideline premium limita- teed for a period of at least 3 years from the paid or other basis for 1 or more necessary or tion) shall be applied by increasing, as of any date of issue of the policy. medically necessary diagnostic, preventive, date, the guideline premium limitation with S 1784 CONGRESSIONAL RECORD — SENATE January 30, 1995 respect to a life insurance contract by an loss shall be recognized on the exchange. If, cash surrender value of the contract imme- amount equal to— in addition to a qualified long-term care in- diately before the distribution is equal to or ‘‘(A) the sum of any charges (but not pre- surance policy, money or other property is greater than the percentage derived by divid- mium payments) described in paragraph (2) received in the exchange, then any gain shall ing the death benefit immediately after the made to that date under the contract, re- be recognized to the extent of the sum of the distribution by the death benefit imme- duced by money and the fair market value of the diately before the distribution. ‘‘(B) any such charges the imposition of other property received. For purposes of this ‘‘(B) REDUCTION VALUE.—The present value which reduces the premiums paid for the paragraph, the cancellation of a policy pro- of the reduction in the death benefit occur- contract (within the meaning of section viding for long-term care insurance coverage ring by reason of the distribution shall be de- 7702(f)(1)). and reinvestment of the cancellation pro- termined by— ‘‘(4) APPLICATION OF SECTION 213.—No deduc- ceeds in a qualified long-term care insurance ‘‘(i) using as the discount rate a rate not in tion shall be allowed under section 213(a) for policy within 60 days thereafter shall be excess of the highest rate set forth in sub- charges against the life insurance contract’s treated as an exchange. paragraph (C), and cash surrender value described in paragraph (3) ISSUANCE OF CERTAIN RIDERS PER- ‘‘(ii) assuming that the death benefit (or (2), unless such charges are includable in in- MITTED.—For purposes of determining wheth- the portion thereof) would have been paid at come as a result of the application of section er section 7702 or 7702A of the Internal Reve- the end of a period that is no more than the 72(e)(10) and the coverage provided by the nue Code of 1986 applies to any contract, the insured’s life expectancy from the date of the rider is a qualified long-term care insurance issuance, whether before, on, or after Decem- distribution or 12 months, whichever is policy under subsection (b). ber 31, 1995, of a rider on a life insurance con- shorter. For purposes of this subsection, the term tract providing long-term care insurance ‘‘(C) RATES.—The rates set forth in this ‘portion’ means only the terms and benefits coverage shall not be treated as a modifica- subparagraph are the following: under a life insurance contract that are in tion or material change of such contract. ‘‘(i) the 90-day Treasury bill yield, addition to the terms and benefits under the SEC. 8103. TREATMENT OF QUALIFIED LONG- ‘‘(ii) the rate described as Moody’s Cor- contract without regard to the coverage TERM CARE PLANS. porate Bond Yield Average-Monthly Average under a qualified long-term care insurance (a) EXCLUSION FROM COBRA CONTINUATION Corporates as published by Moody’s Inves- policy. REQUIREMENTS.—Subparagraph (A) of section tors Service, Inc., or any successor thereto, ‘‘(e) EMPLOYER PLANS NOT TREATED AS DE- 4980B(f)(2) (defining continuation coverage) for the calendar month ending 2 months be- FERRED COMPENSATION PLANS.—For purposes is amended by adding at the end the follow- fore the date on which the rate is deter- of this title, a plan of an employer providing ing new sentence: ‘‘The coverage shall not mined, coverage under a qualified long-term care in- include coverage for qualified long-term care ‘‘(iii) the rate used to compute the cash surance policy shall not be treated as a plan services (as defined in section 213(f)).’’. surrender values under the contract during which provides for deferred compensation by (b) BENEFITS INCLUDED IN CAFETERIA the applicable period plus 1 percent per reason of providing such coverage. PLANS.—Section 125(f) (defining qualified annum, and ‘‘(f) DOLLAR AMOUNT FOR PURPOSES OF benefits) is amended by adding at the end the ‘‘(iv) the maximum permissible interest GROSS INCOME EXCLUSION.— following new sentence: ‘‘Such term includes rate applicable to policy loans under the ‘‘(1) DOLLAR AMOUNT.— coverage under a qualified long-term care in- contract. ‘‘(A) IN GENERAL.—The dollar amount in ef- surance policy (as defined in section ‘‘(3) TERMINALLY ILL INDIVIDUAL.—For pur- fect under this subsection shall be $200 per 7702B(b)) which is includible in gross income day. poses of this subsection, the term ‘termi- only because it exceeds the dollar limitation nally ill individual’ means an individual ‘‘(B) INFLATION ADJUSTMENTS.—In the case of section 105(c)(2).’’. of any taxable year beginning in a calendar who, as determined by the insurer on the SEC. 8104. TAX RESERVES FOR QUALIFIED LONG- basis of an acceptable certification by a li- year after 1996, the dollar amount contained TERM CARE INSURANCE POLICIES. in subparagraph (A) shall be increased by an censed physician, has an illness or physical (a) IN GENERAL.—Subparagraph (A) of sec- amount equal to— condition which can reasonably be expected tion 807(d)(3) (relating to tax reserve meth- to result in death within 12 months of the ‘‘(i) such dollar amount, multiplied by ods) is amended by redesignating clause (iv) date of certification. ‘‘(ii) the cost-of-living adjustment deter- as clause (v) and by inserting after clause ‘‘(4) APPLICATION OF SECTION 72(e)(10).—For mined under section 1(f)(3) for the calendar (iii) the following new clause: year in which the taxable year begins, by purposes of section 72(e)(10) (relating to the ‘‘(iv) QUALIFIED LONG-TERM CARE INSURANCE substituting ‘calendar year 1995’ for ‘cal- treatment of modified endowment con- POLICIES.—In the case of any qualified long- endar year 1992’ in subparagraph (B) thereof. tracts), section 72(e)(4)(A)(i) shall not apply term care insurance policy (as defined in sec- ‘‘(2) AGGREGATION RULE.—For purposes of to distributions described in paragraph (1).’’. tion 7702B(b)), a 1 year full preliminary term this subsection, all policies issued with re- method, as prescribed by the National Asso- spect to the same taxpayer shall be treated SEC. 8106. TAX TREATMENT OF COMPANIES ISSU- ciation of Insurance Commissioners.’’. ING QUALIFIED ACCELERATED as 1 policy. (b) CONFORMING AMENDMENTS.—Section DEATH BENEFIT RIDERS. ‘‘(g) REGULATIONS.—The Secretary shall 807(d)(3)(A) (relating to tax reserve methods), (a) QUALIFIED ACCELERATED DEATH BENEFIT prescribe such regulations as may be nec- is amended— RIDERS TREATED AS LIFE INSURANCE.—Sec- essary to carry out the requirements of this tion 818 (relating to other definitions and section, including regulations to prevent the (1) in clause (v), as redesignated by sub- special rules) is amended by adding at the avoidance of this section by providing long- section (a), by striking ‘‘or (iii)’’ each place end the following new subsection: term care insurance coverage under a life in- it appears and inserting ‘‘(iii), or (iv)’’; and ‘‘(g) QUALIFIED ACCELERATED DEATH BENE- surance contract and to provide for the prop- (2) in clause (iii), by inserting ‘‘(other than FIT RIDERS TREATED AS LIFE INSURANCE.— er allocation of amounts between the long- a qualified long-term care insurance policy)’’ For purposes of this part— term care and life insurance portions of a after ‘‘insurance contract’’. ‘‘(1) IN GENERAL.—Any reference to a life contract.’’. SEC. 8105. TAX TREATMENT OF ACCELERATED DEATH BENEFITS UNDER LIFE IN- insurance contract shall be treated as in- (b) CLERICAL AMENDMENT.—The table of SURANCE CONTRACTS. cluding a reference to a qualified accelerated sections for chapter 79 is amended by insert- Section 101 (relating to certain death bene- death benefit rider on such contract. ing after the item relating to section 7702A fits) is amended by adding at the end the fol- ‘‘(2) QUALIFIED ACCELERATED DEATH BENEFIT the following new item: lowing new subsection: RIDERS.—For purposes of this subsection, the ‘‘Sec. 7702B. Treatment of long-term care in- ‘‘(g) TREATMENT OF CERTAIN ACCELERATED term ‘qualified accelerated death benefit surance.’’. DEATH BENEFITS.— rider’ means any rider on a life insurance (c) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—For purposes of this sec- contract which provides for a distribution to (1) IN GENERAL.—The amendments made by tion, any amount distributed to an individ- an individual upon the insured becoming a this section shall apply to policies issued ual under a life insurance contract on the terminally ill individual (as defined in sec- after December 31, 1995. Solely for purposes life of an insured who is a terminally ill indi- tion 101(g)(3)).’’. of the preceding sentence, a policy issued vidual (as defined in paragraph (3)) shall be (b) DEFINITIONS OF LIFE INSURANCE AND prior to January 1, 1996, that satisfies the re- treated as an amount paid by reason of the MODIFIED ENDOWMENT CONTRACTS.—Para- quirements of a qualified long-term care in- death of such insured. graph (5)(A) of section 7702(f) (defining quali- surance policy as set forth in section ‘‘(2) NECESSARY CONDITIONS.— fied additional benefits) is amended by strik- 7702B(b) of the Internal Revenue Code of 1986 ‘‘(A) IN GENERAL.—Paragraph (1) shall not ing ‘‘or’’ at the end of clause (iv), by redesig- (as added by this section) shall, on and after apply to any distribution unless— nating clause (v) as clause (vi), and by in- January 1, 1996, be treated as having been is- ‘‘(i) the distribution is not less than the serting after clause (iv) the following new sued after December 31, 1995. present value (determined under subpara- clause: (2) TRANSITION RULE.—If, after the date of graph (B)) of the reduction in the death bene- ‘‘(v) any qualified accelerated death bene- enactment of this Act and before January 1, fit otherwise payable in the event of the fit rider (as defined in section 818(g)), or’’. 1996, a policy providing for long-term care in- death of the insured, and (c) EFFECTIVE DATE.— surance coverage is exchanged solely for a ‘‘(ii) the percentage derived by dividing the (1) IN GENERAL.—The amendments made by qualified long-term care insurance policy (as cash surrender value of the contract, if any, this section shall apply to contracts issued defined in such section 7702B(b)), no gain or immediately after the distribution by the after December 31, 1995. January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1785

(2) TRANSITIONAL RULE.—For purposes of section (c) or (d) is not met with respect to ‘‘(3) INFORMATION ON DENIALS OF CLAIMS.—If determining whether section 7702 or 7702A of the policy. a claim under a qualified long-term care in- the Internal Revenue Code of 1986 applies to ‘‘(B) LIMITATIONS.— surance policy is denied, the issuer shall, any contract, the issuance, whether before, ‘‘(i) PER CARRIER.—The amount of the tax within 60 days of the date of a written re- on, or after December 31, 1995, of a rider on imposed under subparagraph (A) against any quest by the policyholder or certificate-hold- a life insurance contract permitting the ac- insurance carrier, association, or any sub- er (or representative)— celeration of death benefits (as described in sidiary thereof, shall not exceed $25,000 per ‘‘(A) provide a written explanation of the section 101(g) of such Code (as added by sec- policy. reasons for the denial, and tion 8105)) shall not be treated as a modifica- ‘‘(ii) PER AGENT.—The amount of the tax ‘‘(B) make available all information di- tion or material change of such contract. imposed under subparagraph (A) against in- rectly relating to such denial. Subtitle B—Standards For Long-Term Care surance agent or broker shall not exceed ‘‘(d) DISCLOSURE.—The requirements of this Insurance $15,000 per policy. subsection are met with respect to any quali- SEC. 8201. NATIONAL LONG-TERM CARE INSUR- ‘‘(2) WAIVER.—In the case of a failure which fied long-term care insurance policy if the ANCE ADVISORY COUNCIL. is due to reasonable cause and not to willful following statement is prominently dis- (a) IN GENERAL.—Congress shall appoint an neglect, the Secretary may waive part or all played on the front page of the policy and in advisory board to be known as the National of the tax imposed by subsection (a) to the the outline of coverage required under sub- Long-Term Care Insurance Advisory Council extent that payment of the tax would be ex- section (c)(1)(B)(ii): (hereafter referred to in this subtitle as the cessive relative to the failure involved. ‘‘‘This is a federally qualified long-term ‘‘Advisory Council’’). ‘‘(c) ADDITIONAL RESPONSIBILITIES.—The re- care insurance contract. The policy meets (b) MEMBERSHIP.—The Advisory Council quirements of this subsection with respect to all the Federal consumer protection stand- shall consist of 5 members, each of whom has any qualified long-term care insurance pol- ards necessary to receive favorable tax treat- substantial expertise in matters relating to icy are as follows: ment under section 7702B(b) of the Internal the provision and regulation of long-term ‘‘(1) REQUIREMENTS OF MODEL PROVISIONS.— Revenue Code of 1986.’. care insurance or long-term care financing ‘‘(A) MODEL REGULATION.—The following ‘‘(e) QUALIFIED LONG-TERM CARE INSURANCE and delivery systems. requirements of the model regulation shall POLICY DEFINED.—For purposes of this sec- (c) DUTIES.—The Advisory Council shall— be met: tion, the term ‘qualified long-term care in- (1) provide advice, recommendations on the ‘‘(i) Section 13 (relating to application surance policy’ has the meaning given such implementation of standards for long-term forms and replacement coverage). term by section 7702B(b).’’. care insurance, and assistance to Congress ‘‘(ii) Section 14 (relating to reporting re- (b) CONFORMING AMENDMENT.—The table of on matters relating to long-term care insur- quirements), except that the issuer shall also sections for chapter 43 is amended by adding ance as specified in this section and as other- report at least annually the number of at the end the following new item: wise required by the Secretary of Health and claims denied during the reporting period for Human Services; each class of business (expended as a percent- ‘‘Sec. 4980C. Failure to meet requirements (2) collect, analyze, and disseminate infor- age of claims denied), other than claims de- for long-term care insurance mation relating to long-term care insurance nied for failure to meet the waiting period or policies.’’. in order to increase the understanding of in- because of any applicable preexisting condi- tion. SEC. 8203. COORDINATION WITH STATE REQUIRE- surers, providers, consumers, and regulatory MENTS. ‘‘(iii) Section 20 (relating to filing require- bodies of the issues relating to, and to facili- Nothing in this subtitle shall be construed tate improvements in, such insurance; ments for marketing). ‘‘(iv) Section 21 (relating to standards for as preventing a State from applying stand- (3) develop educational models to inform ards that provide greater protection of pol- the public on the risks of incurring long- marketing), including inaccurate completion of medical histories, other than sections icyholders of qualified long-term care insur- term care expenses and private financing op- ance policies (as defined in section 7702B(b) tions available to them; and 21C(1) and 21C(6) thereof, except that— ‘‘(I) in addition to such requirements, no of the Internal Revenue Code of 1986 (as (4) monitor the development of the long- added by section 8102)). term care insurance market and advise Con- person shall, in selling or offering to sell a gress concerning the need for statutory qualified long-term care insurance policy, SEC. 8204. UNIFORM LANGUAGE AND DEFINI- changes. misrepresent a material fact; and TIONS. (d) ADMINISTRATION.—In order to carry out ‘‘(II) no such requirements shall include a (a) IN GENERAL.—Not later than June 30, its responsibilities under this section, the requirement to inquire or identify whether a 1996, the Advisory Council shall promulgate Advisory Council is authorized to— prospective applicant or enrollee for quali- standards for the use of uniform language (1) consult individuals and public and pri- fied long-term care insurance has accident and definitions in qualified long-term care vate entities with experience and expertise and sickness insurance. insurance policies (as defined in section in matters relating to long-term care insur- ‘‘(v) Section 22 (relating to appropriateness 7702B(b) of the Internal Revenue Code of 1986 ance; of recommended purchase). (as added by section 8102)). (2) conduct meetings and hold hearings; ‘‘(vi) Section 24 (relating to standard for- (b) VARIATIONS.—Standards under sub- (3) conduct research (either directly or mat outline of coverage). section (a) may permit the use of under grant or contract); ‘‘(vii) Section 25 (relating to requirement nonuniform language to the extent required (4) collect, analyze, publish, and dissemi- to deliver shopper’s guide). to take into account differences among nate data and information (either directly or ‘‘(B) MODEL ACT.—The following require- States in the licensing of nursing facilities under grant or contract); and ments of the model Act must be met: and other providers of long-term care. ‘‘(i) Section 6F (relating to right to re- (5) develop model formats and procedures Subtitle C—Incentives to Encourage the turn), except that such section shall also for insurance products, and develop proposed Purchase of Private Insurance standards, rules and procedures for regu- apply to denials of applications and any re- latory programs, as appropriate. fund shall be made within 30 days of the re- SEC. 8301. ASSETS OR RESOURCES DISREGARDED (e) AUTHORIZATION OF APPROPRIATIONS.— turn or denial. UNDER THE MEDICAID PROGRAM. There are authorized to be appropriated, for ‘‘(ii) Section 6G (relating to outline of cov- (a) MEDICAID ESTATE RECOVERIES.— activities of the Advisory Council, $1,500,000 erage). (1) IN GENERAL.—Section 1917(b) of the So- for fiscal year 1996, and each subsequent ‘‘(iii) Section 6H (relating to requirements cial Security Act (42 U.S.C. 1396p(b)) is year. for certificates under group plans). amended— SEC. 8202. ADDITIONAL REQUIREMENTS FOR IS- ‘‘(iv) Section 6I (relating to policy sum- (A) in paragraph (1), by striking subpara- SUERS OF LONG-TERM CARE INSUR- mary). graph (C); ANCE POLICIES. ‘‘(v) Section 6J (relating to monthly re- (B) in paragraph (3), by striking ‘‘(other (a) IN GENERAL.—Chapter 43 is amended by ports on accelerated death benefits). than paragraph (1)(C))’’; and adding at the end the following new section: ‘‘(vi) Section 7 (relating to incontestability (C) in paragraph (4)(B), by striking ‘‘(and ‘‘SEC. 4980C. FAILURE TO MEET REQUIREMENTS period). shall include, in the case of an individual to FOR QUALIFIED LONG-TERM CARE ‘‘(C) DEFINITIONS.—For purposes of this whom paragraph (1)(C)(i) applies)’’. INSURANCE POLICIES. paragraph, the terms ‘model regulation’ and (2) EFFECTIVE DATE.—Section 1917(b) of the ‘‘(a) GENERAL RULE.—There is hereby im- ‘model Act’ have the meanings given such Social Security Act (42 U.S.C. 1396p(b)) shall posed on the issuer of any qualified long- terms by section 7702B(b)(6)(B). be applied and administered as if the provi- term care insurance policy with respect to ‘‘(2) DELIVERY OF POLICY.—If an application sions stricken by paragraph (1) had not been which any requirement of subsection (c) or for a qualified long-term care insurance pol- enacted. (d) is not met a tax in the amount deter- icy (or for a certificate under a group quali- (b) REPORTING REQUIREMENTS FOR CERTAIN mined under subsection (b). fied long-term care insurance policy) is ap- ASSET PROTECTION PROGRAMS.—Section 1902 ‘‘(b) AMOUNT OF TAX.— proved, the issuer shall deliver to the appli- of the Social Security Act (42 U.S.C. 1396a) is ‘‘(1) IN GENERAL.— cant (or policyholder or certificate-holder) amended by adding at the end the following ‘‘(A) PER POLICY.—The amount of the tax the policy (or certificate) of insurance not new subsection: imposed by subsection (a) shall be $100 per later than 30 days after the date of the ap- ‘‘(aa)(1) The Secretary shall not approve policy for each day any requirement of sub- proval. any State plan amendment providing for an S 1786 CONGRESSIONAL RECORD — SENATE January 30, 1995

asset protection program (as described in ‘‘(ii) CERTAIN DISTRIBUTIONS TO PURCHASE b. Guaranteed issue and renewal paragraph (2)) unless the State requires all LONG-TERM CARE INSURANCE.—Distributions Health plans offering coverage in the small insurers participating in such program to made to the taxpayer out of an individual re- group market shall guarantee each individ- submit reports to the State and the Sec- tirement plan if the entire amount received ual purchaser and small employer (and each retary at such times, and containing such in- (including money and any other property) is employee of that small employer) access to formation, as the Secretary determines ap- used within 90 days to purchase a qualified the plan. In addition, health plans must be propriate. The information included in the long-term care insurance policy (as defined renewed at the option of the employer or in- reports required to be submitted under the in section 7702B(b)) for the benefit of the in- dividual if they remain eligible for coverage preceding sentence shall be submitted in ac- dividual or the spouse of the individual.’’. under the plan. Plans may refuse to renew a cordance with the data standards established (2) CONFORMING AMENDMENT.—Subpara- policy in the case of: nonpayment of pre- by the Secretary under paragraph (3). graph (A) of section 72(t)(3) is amended by miums; fraud on the part of the employer or ‘‘(2) An asset protection program described striking ‘‘(B)’’ and inserting ‘‘(B)(i)’’. individual related to the plan; or misrepre- in this paragraph is a program under which (c) DEDUCTION FOR EXPENSES TO PURCHASE sentation by the employer or individual of an individual’s assets and resources are dis- A QUALIFIED LONG-TERM CARE INSURANCE material facts relating to an application for regarded for purposes of the program under POLICY.— coverage of a claim or benefit. this subtitle— (1) IN GENERAL.—Paragraph (8) of section c. Rating limitations ‘‘(A) to the extent that payments are made 408(d) (relating to distributions from individ- under a qualified long-term care insurance ual retirement accounts to purchase long- The Secretary of HHS shall request that policy (as defined in section 7702B(b) of the term care insurance), as added by subsection the National Association of Insurance Com- Internal Revenue Code of 1986); or (a), is amended by adding at the end the fol- missioners develop specific standards in the ‘‘(B) because an individual has received (or lowing new subparagraph: form of a model Act and model regulations is entitled to receive) benefits under a quali- ‘‘(D) APPLICATION OF SECTION 213.—No de- to implement rating stands for the small fied long-term care insurance policy (as de- duction shall be allowed under section 213(a) group market. Factors that health plans fined in section 7702B(b) of such Code). for expenses incurred to purchase a qualified may use to vary premium rates include age ‘‘(3)(A) Not later than 90 days after the long-term care insurance policy (as defined (not to exceed a 3:1 ratio), family type and date of the enactment of the Private Long- in section 7702B(b)) using amounts paid or geography. Health plans would be prohibited Term Care Family Protection Act of 1995, distributed out of an individual retirement from using gender, health status or health the Secretary shall select data standards for account or individual retirement annuity in expenditures to vary rates. These factors the information required to be included in accordance with this paragraph.’’. would be phased out within three years in reports submitted in accordance with para- (2) CONFORMING AMENDMENT.—Clause (ii) of order to minimize market disruption and graph (1). Such data standards shall be se- section 213(d)(1)(D) (relating to definition of maximize coverage rates. The stand- lected from the data standards included in medical care), as added by section 8101(a), is ards developed would also permit the Long-Term Care Insurance Uniform Data amended by striking ‘‘section 7702(d)(4)’’ and health plans to provide premium dis- Set developed by the University of Maryland inserting ‘‘section 408(d)(8)(D) or section counts based on workplace health pro- Center on Aging and Laguna Research Asso- 7702(d)(4)’’. motion activities. ciates, and used by the States of California, Subtitle D—Effective Date Connecticut, Indiana, and New York for re- d. Encouragement of State efforts ports submitted by insurers under the asset SEC. 8401. EFFECTIVE DATE OF TAX PROVISIONS. None of the provisions of the bill shall be protection programs conducted by such Except as otherwise provided in this title, construed as preempting State law unless States. the amendments made by this title to the In- that State law directly conflicts with the ‘‘(B) The Secretary shall modify the stand- ternal Revenue Code of 1986 shall apply to bills’ requirements. In addition, the follow- ards selected under subparagraph (A) as the taxable years beginning after December 31, ing state consumer protection laws shall not Secretary determines appropriate.’’. 1995. be considered to directly conflict with any SEC. 8302. DISTRIBUTIONS FROM INDIVIDUAL RE- TITLE IX—BUDGET NEUTRALITY such requirement and are specifically not TIREMENT ACCOUNTS FOR THE preempted: laws that limit the exclusions or SEC. 9001. ASSURANCE OF BUDGET NEUTRALITY. PURCHASE OF LONG-TERM CARE IN- limitations for preexisting medical condi- SURANCE COVERAGE. Notwithstanding any other provision of tions to periods that are less than those pro- (a) EXCLUSION FROM GROSS INCOME FOR law, this Act and the amendments made by vided in this title; laws that limit variations CERTAIN INDIVIDUALS.—Subsection (d) of sec- this Act shall not become effective until the in premium rates beyond the variations per- tion 408 (relating to tax treatment of dis- date of the enactment of a provision of law, mitted in this title; and laws that would ex- tributions from individual retirement ac- specifically referring to this section, that by pand the small group market in excess of counts) is amended by adding at the end the its terms provides for the Federal budget that provided for under this title. In addi- following new paragraph: neutrality of this Act. tion, nothing in this bill shall be construed ‘‘(8) DISTRIBUTIONS TO PURCHASE LONG-TERM as prohibiting States from enacting health CARE INSURANCE.—Paragraph (1) shall not THE ACCESS TO AFFORDABLE HEALTH CARE care reform measures that exceed the meas- apply to any amount paid or distributed out ACT OF 1995—SECTION-BY-SECTION ures established in the bill, including re- of an individual retirement account or indi- A bill to increase the availability and af- forms that expand access to health care serv- vidual retirement annuity to the individual fordability of health care coverage for indi- ices, control health care costs, and enhance for whose benefit the account or annuity is viduals and their families, to reduce paper- quality of care. maintained if— work and simplify the administration of TITLE II—GRANTS TO STATES FOR SMALL GROUP 1 ‘‘(A) the individual has attained age 59 ⁄2 by health care claims, to increase access to care HEALTH INSURANCE PURCHASING ARRANGE- the date of the payment or distribution, and in rural and underserved areas, to improve MENTS ‘‘(B) the entire amount received (including quality and protect consumers from health Authorizes the Secretary of Health and money and any other property) is used with- care fraud and abuse, to promote preventive Human Services to make grants to States for in 90 days to purchase a qualified long-term care, to make long-term care more afford- the establishment and operation of small care insurance policy (as defined in section able, and for other purposes. group health insurance purchasing arrange- 7702B(b)) for the benefit of the individual or TITLE I—HEALTH INSURANCE MARKET REFORM ments to increase access to more affordable the spouse of the individual (if the spouse coverage for small businesses and individ- has attained age 591⁄2 by the date of the pay- a. Non-discrimination based on health status uals. ment or distribution).’’. In general, a health plan may not deny, (b) NO PENALTY FOR DISTRIBUTIONS.— limit, or condition the coverage under the TITLE III—TAX INCENTIVES TO ENCOURAGE THE (1) IN GENERAL.—Subparagraph (B) of sec- plan (or vary the premium) for an individual PURCHASE OF HEALTH INSURANCE tion 72(t)(2) (relating to distributions from on the basis of their health status, medical Insurance would be made more affordable qualified retirement plans not subject to 10 condition, claims experience, receipt of for low and middle-income individuals (indi- percent additional tax) is amended to read as health care, medical history, anticipated viduals with incomes up to $23,000 and fami- follows: need for services, disability, or lack of insur- lies with incomes up to $33,000) by providing ‘‘(B) MEDICAL EXPENSES.— ability. a refundable tax credit to those without em- ‘‘(i) IN GENERAL.—Distributions made to The plan may limit or exclude benefits re- ployer-provided insurance. A credit of 60 per- the employee (other than distributions de- lating to a pre-existing condition that was cent would apply to premiums of up to $1,200 scribed in clause (ii) or subparagraph (A) or diagnosed or treated during the 3-month pe- a year for individuals and $2,400 for families. (C)) to the extent such distributions do not riod prior to enrollment in that plan for up Individuals with adjusted gross incomes of exceed the amount allowable as a deduction to 6 months. However, if the individual had less than $18,000 and families with adjusted under section 213 to the employee for been in a period of continuous coverage gross incomes of less than $28,000 would be amounts paid during the taxable year for under another health plan prior to enroll- eligible for the full credit. The credit would medical care (determined without regard to ment, the exclusion period would be reduced be phased out for individuals with incomes whether the employee itemizes deductions by 1 month for each month of continuous between $18,000 and $23,000 and families with for such taxable year). coverage. incomes between $28,000 and $33,000. January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1787 Also makes the tax deduction for health own long-term care needs. And finally, pro- prohibition against ‘‘employer-domi- insurance costs for self-employed individuals vides various incentives, such as tax-free nated’’ labor organizations. permanent (retroactive to 1994) and phases it withdrawals from IRAs, 401(k) plans, and The TEAM Act amends our Federal up from the current 25% level to 100% by other qualified pension plans to promote the labor laws to permit these types of vol- 2000. purchase of private long-term care insur- untary programs to continue. The leg- TITLE VI—INCENTIVES TO INCREASE THE ACCESS ance. OF RURAL AND UNDERSERVED AREAS TO TITLE IX—ASSURANCE OF BUDGET NEUTRALITY islation allows employers and employ- ees to meet together to address issues HEALTH CARE No amendment or provision made by the Provides a special tax credit and other in- bill will take effect until legislation is en- of mutual interest, including issues re- centives for physicians and other primary acted which provides for budget neutrality. lated to quality, productivity, and effi- care providers serving in rural and other un- ciency, as long as the committees or derserved areas. Increased funding is also By Mrs. KASSEBAUM (for her- other joint programs do not engage in provided to expand the National Health self, Mr. JEFFORDS, Mr. GREGG, collective bargaining. Service Corps and Area Health Education and Mr. GORTON): I believe that our Federal labor laws Centers, which will also help to increase the S. 295. A bill to permit labor manage- should not stand in the way of work number of health care professionals in medi- cally underserved areas. Increased grant ment cooperative efforts that improve place cooperative efforts, such as qual- funding would also be available to expand America’s economic competitiveness to ity circles and employee involvement the number of community health centers, continue to thrive, and for other pur- programs. Our workers like to have which provide comprehensive health services poses; to the Committee on Labor and input on their working conditions and in rural and inner-city neighborhoods to mil- Human Resources. our international competitors use em- lions of Americans who need care regardless TEAMWORK FOR EMPLOYEES AND MANAGEMENT ployee involvement to improve plant of their ability to pay. ACT productivity. TITLE V—QUALITY AND CONSUMER PROTECTION Mrs. KASSEBAUM. Mr. President, I I urge my colleagues to support the Authorizes the Secretary of Health and rise today to introduce, along with TEAM Act. Human Services to award demonstration Senators JEFFORDS, GREGG, and GOR- I ask unanimous consent that the grants for the establishment and operation of regional Quality Improvement Founda- TON, the Teamwork for Employees And full text of the bill be printed in the tions. Management [TEAM] Act, a bill to en- RECORD. Improves the efficiency and effectiveness courage worker-management coopera- There being no objection, the bill was of the health care system by encouraging the tion. ordered to be printed in the RECORD, as development of a national health informa- Mr. President, when I served many follows: tion network to reduce administrative com- years ago on the school board in Maize, S. 295 plexity, paperwork, and costs; to provide in- KS, we frequently met on an informal formation on cost and quality; and to pro- basis with teachers to discuss problems Be it enacted by the Senate and House of Rep- vide information tools that allow improved resentatives of the United States of America in fraud detection, outcomes research, and the teachers faced in the classroom. Congress assembled, quality of care. The teachers had an important per- SECTION 1. SHORT TITLE. Establishes a stronger, better coordinated spective to share, and we addressed federal effort to combat fraud and abuse in their concerns. Sometimes we agreed This Act may be cited as the ‘‘Teamwork our health care system. This section expands with them and implemented their rec- for Employees And Management Act of 1995’’. criminal and civil penalties for health care ommendations, and sometimes we fraud to provide a stronger deterrent to the agreed to disagree. But the important SEC. 2. FINDINGS AND PURPOSES. billing of fraudulent claims and to deter thing was that we felt free to exchange (a) FINDINGS.—Congress finds that— fraudulent utilization of health care serv- (1) the escalating demands of global com- ices. information. School boards and teachers are gov- petition have compelled an increasing num- TITLE VI—MALPRACTICE REFORM ber of American employers to make dra- erned by State law and not Federal Encourages states to establish alternative matic changes in workplace and employer- dispute resolution mechanisms like law, so we did not face the problems on employee relationships; prelitigation screening panels, which have the school board that private sector (2) these changes involve an enhanced role had great success in a number of states in re- workers and supervisors face today. We for the employee in workplace decisionmak- ducing medical malpractice costs. Also al- had the benefit of being able to work ing, often referred to as ‘‘employee involve- lows health care providers to use practice cooperatively with our teachers, and I ment’’, which has taken many forms, includ- guidelines approved by the Secretary of HHS continue to believe that we improved ing self-managed work teams, quality-of- as a rebuttable defense in medical liability the quality of education for our stu- worklife, quality circles, and joint labor- cases. management committees; dents and enhanced the quality of work (3) employee involvement structures, TITLE VII—HEALTH PROMOTION AND DISEASE life for our teachers. PREVENTION which operate successfully in both unionized Mr. President, our current Federal and non-unionized settings, have been estab- Encourages participation in qualified labor laws do not allow this sort of co- lished by over 80 percent of the largest em- health promotion and prevention programs operative effort, because our labor laws ployers of the United States and exist in an by clarifying that expenditures for these pro- assume that labor and management estimated 30,000 workplaces; grams are considered amounts paid for medi- (4) in addition to enhancing the productiv- cal care for tax purposes. Also establishes a have an adversarial relationship. This may have been true 50 years ago, but ity and competitiveness of American busi- new grant program for states to provide as- nesses, employee involvement structures sistance to small businesses in the establish- today, employers recognize that pro- have had a positive impact on the lives of ment and operation of worksite wellness pro- ductivity and efficiency improve when those employees, better enabling them to grams for their employees. And finally, ex- workers operate in partnership with reach their potential in their working lives; pands the comprehensive school health edu- management, and that partnership oc- (5) recognizing that foreign competitors cation programs administered by the Centers curs best in a cooperative rather than have successfully utilized employee involve- for Disease Control. an adversarial environment. Yet our ment techniques, Congress has consistently TITLE VIII—ACCESS TO AFFORDABLE LONG-TERM joined business, labor and academic leaders CARE labor laws currently prohibit these co- operative efforts. in encouraging and recognizing successful Removes tax barriers and creates incen- employee involvement structures in the tives for individuals and their families to fi- Mr. President, the TEAM Act re- workplace through such incentives as the nance their future long-term care needs. sponds to a National Labor Relations Malcolm Baldridge National Quality Award; Long-term care policies that meet federal Board [NLRB] decision in 1992 called (6) employers who have instituted legiti- consumer protection standards would receive Electromation that has had significant mate employee involvement structures have favorable tax treatment. Like health insur- consequences for attempts to improve not done so to interfere with the collective ance, business expenditures on premiums cooperation between workers and em- bargaining rights guaranteed by the labor would be deductible as a business expense ployers. Specifically, the NLRB held laws, as was the case in the 1930s when em- and employer-provided long-term care insur- that employer-employee committees, ployers established deceptive sham ‘‘com- ance would be excluded from an employee’s pany unions’’ to avoid unionization; and taxable income. Also allows States to de- where workers met with management (7) employee involvement is currently velop programs under which individuals can to discuss attendance, compensation threatened by interpretations of the prohibi- keep more of their assets and still qualify for and no-smoking policies, violated the tion against employer-dominated ‘‘company Medicaid if they take steps to finance their National Labor Relations Act’s [NLRA] unions’’. S 1788 CONGRESSIONAL RECORD — SENATE January 30, 1995 (b) PURPOSES.—It is the purpose of this Act The caps on damages deny an ade- clusion from gross income for veterans’ to— quate remedy to the most severely in- benefits; to the Committee on Finance. (1) protect legitimate employee involve- jured victims of discrimination. For ment structures against governmental inter- VETERANS’ TAX FAIRNESS ACT ference; example, if a woman proves that as a result of discrimination or sexual har- ∑ Mr. ROCKEFELLER. Mr. President, (2) preserve existing protections against as the ranking minority member of the deceptive, coercive employer practices; and assment she needs extensive medical (3) permit legitimate employee involve- treatment exceeding the caps, she will Committee on Veterans’ Affairs, I am ment structures where workers may discuss be limited to receiving only partial introducing today the proposed Veter- issues involving terms and conditions of em- compensation for her injury. ans’ Tax Fairness Act of 1995. I am ployment, to continue to evolve and pro- In addition, the caps on punitive enormously pleased that a number of liferate. damages limit the extent to which em- my colleagues, both members of the SEC. 3. AMENDMENT TO SECTION 8(a)(2) OF THE committee and others, have joined me NATIONAL LABOR RELATIONS ACT. ployers who intentionally discrimi- as original cosponsors of this impor- Section 8(a)(2) of the National Labor Rela- nate—particularly the worst viola- tions Act (29 U.S.C. 158(a)(2)) is amended by tors—are punished for their discrimina- tant measure—Senators TOM DASCHLE, adding at the end thereof the following: tory acts and deterred from engaging BOB GRAHAM, DANIEL AKAKA, BEN ‘‘Provided further, That it shall not con- in such conduct in the future. The NIGHTHORSE CAMPBELL, JIM JEFFORDS, stitute or be evidence of an unfair labor more offensive the conduct and the PAT LEAHY, and JEFF BINGAMAN. This practice under this paragraph for an em- greater the damages inflicted, the bill would clarify and reiterate the ployer to establish, assist, maintain or par- longstanding rule that veterans bene- ticipate in any organization or entity of any more the employer benefits from the kind, in which employees participate to ad- caps. fits are not taxable—a rule that, until dress matters of mutual interest (including The caps on damages in the Civil action taken in 1992 by the Internal issues of quality, productivity and effi- Rights Act of 1991 were a compromise Revenue Service, had never been ques- ciency) and which does not have, claim or necessitated by concern about passing tioned. seek authority to negotiate or enter into col- a bill that President Bush would sign. On February 27, 1992, the Internal lective bargaining agreements under this Act The issue was only one of the impor- Revenue Service, in a letter to the gen- with the employer or to amend existing col- lective bargaining agreements between the tant issues covered in that piece of leg- eral counsel of the Department of Vet- employer and any labor organization;’’. islation, which also reversed a series of erans Affairs, reinterpreted a 1986 law SEC. 4. CONSTRUCTION CLAUSE LIMITING EF- Supreme Court decisions that had and reached a conclusion that could FECT OF ACT. made it far more difficult for working jeopardize the historical tax-exempt Nothing in the amendment made by sec- Americans to challenge discrimination. status of many veterans benefits, in- tion 3 shall be construed as affecting em- The bill as a whole represented a sig- cluding various benefits provided to ployee rights and responsibilities under the nificant advance in the ongoing battle service-disabled veterans, dependency National Labor Relations Act other than to overcome discrimination in the those contained in section 8(a)(2) of such and indemnity compensation for survi- Act. workplace. In order to guarantee that vors, veterans and survivors pensions, the bill would become law, the unfortu- education benefits under the Montgom- By Mr. KENNEDY (for himself, nate compromise on damages was in- ery GI bill, and veterans medical care. Mr. AKAKA, Mr. BINGAMAN, Mrs. cluded. However, many of us made The IRS ruling addressed a narrow BOXER, Mr. BRADLEY, Mr. CAMP- clear that we intended to work for en- issue of whether veterans must pay BELL, Mr. DODD, Mr. FEINGOLD, actment of separate legislation to re- taxes when VA forgives a debt the vet- Mr. HARKIN, Mr. INOUYE, Mr. move the caps. By reintroducing the eran owes to the Federal Government LAUTENBERG, Mr. LEAHY, Ms. Equal Remedies Act today, we reaffirm after VA pays a guaranty on the Veter- MIKULSKI, Ms. MOSELEY-BRAUN, our commitment. We must end the an’s home loan. Congress liberalized Mr. MOYNIHAN, Mrs. MURRAY, double standard that relegates women, the criteria for VA debt waivers in 1989. Mr. PACKWOOD, Mr. PELL, Mr. religious minorities, and the disabled In the February 1992 opinion, IRS in- ROBB, Mr. SIMON, and Mr. to second-class remedies under the terpreted a 1986 tax code provision as WELLSTONE): civil rights laws. requiring taxation of any debt waiver S. 296. A bill to amend section 1977A Mr. President, I ask unanimous con- granted under the 1989 law that would of the Revised Statutes to equalize the sent that the text of the bill be printed not have been granted under the old remedies available to all victims of in- in the RECORD. law. IRS concluded that any modifica- tentional employment discrimination, There being no objection, the bill was tion or adjustment of a veterans bene- and for other purposes; to the Commit- ordered to be printed in the RECORD, as fit would make the benefit taxable. tee on Labor and Human Resources. follows: Mr. President, our committee strong- EQUAL REMEDIES ACT S. 296 ly disagreed with the IRS interpreta- Mr. KENNEDY. Mr. President, on be- Be it enacted by the Senate and House of Rep- half of myself and 20 other Senators, it tion, for reasons stated in a May 13, resentatives of the United States of America in 1992, letter from then-Chairman Alan is an honor to reintroduce the Equal Congress assembled, Cranston to then-Secretary of the Remedies Act to repeal the caps on the SECTION 1. SHORT TITLE. amount of damages available in em- Treasury Nicholas F. Brady. This Act may be cited as the ‘‘Equal Rem- Mr. President, although the IRS ployment discrimination cases brought edies Act of 1995’’. opinion attempts to address only the under the Civil Rights Act of 1991. SEC. 2. EQUALIZATION OF REMEDIES. narrow question of the taxability of VA The Civil Rights Act of 1991 for the Section 1977A of the Revised Statutes (42 first time gave women, religious mi- U.S.C. 1981a), as added by section 102 of the debt waivers, its conclusions could sup- norities, and the disabled the right to Civil Rights Act of 1991, is amended— port IRS assessing taxes for many recover compensatory and punitive (1) in subsection (b)— other veterans benefits that have been damages when they suffer intentional (A) by striking paragraph (3), and modified or adjusted after September 9, discrimination on the job—but only up (B) by redesignating paragraph (4) as para- 1986. to specified limits. Victims of discrimi- graph (3), and Since 1986, for example, Congress has (2) in subsection (c), by striking ‘‘section— expanded and increased education ben- nation on the basis of race or national ’’ and all that follows through the period and origin, by contrast, can recover such inserting ‘‘section, any party may demand a efits paid under the GI bill on rehabili- damages without such limits. No simi- jury trial.’’. tation benefits provided to disabled lar caps on damages exist in other civil veterans; adjusted the categories of eli- rights laws, and they are not appro- By Mr. ROCKEFELLER (for him- gibility for VA medical care; over- priate in this instance. self, Mr. DASCHLE, Mr. GRAHAM, hauled the survivors Dependency and The Equal Remedies Act will end this Mr. AKAKA, Mr. CAMPBELL, Mr. Indemnity Compensation [DIC] Pro- double standard by removing the caps JEFFORDS, Mr. LEAHY, and Mr. gram and made several adjustments in on damages for victims of intentional BINGAMAN): the rates of DIC; expanded various discrimination on the basis of sex, reli- S. 297. A bill to amend the Internal health care services; and increased gion, or disability. Revenue Code of 1986 to clarify the ex- other benefits, such as housing and January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1789 automobile grants for certain veterans Treasury—which submitted proposed Congress and the President in the post- with every severe service-connected legislation substantively identical to Cold War period. disabilities. The IRS interpretation H.R. 11, and by me in the introduction S. 105 would exempt adjustment based on an of such legislation in S. 1083, to rep- At the request of Mr. DASCHLE, the inflation index, but fails to protect the licate the success we had with H.R. 11. name of the Senator from Nebraska many VA benefits that are adjusted Unfortunately, no action was taken on [Mr. EXON] was added as a cosponsor of without reference to an index. Under that legislation during the 103d Con- S. 105, a bill to amend the Internal the February 27, 1992 IRS opinion, any gress. Revenue Code of 1986 to provide that of these modifications or adjustments The legislation I am introducing certain cash rentals of farmland will might have made the benefits involved today is substantively identical to H.R. not cause recapture of special estate taxable. 11, the legislation recommended by the tax valuation. Section 5301 of title 38, United States administration last Congress, and to S. S. 110 Code, explicitly exempts veterans bene- 1083, and I am hopeful that action will At the request of Mr. DASCHLE, the fits and services from taxation. The be taken on it in the first appropriate name of the Senator from Nebraska provision of the tax code interpreted by tax legislation. [Mr. EXON] was added as a cosponsor of IRS concerns military benefits, and it I believe it is vitally important to re- S. 110, a bill to amend the Internal seems clear to me that Congress did iterate and clarify by statute the tax- Revenue Code of 1986 to provide that a not intend to make veterans benefits exempt status of all veterans benefits taxpayer may elect to include in in- taxable for the first time in our Na- and services, in order to preclude any come crop insurance proceeds and dis- tion’s history through enactment of a future tinkering with these most fun- aster payments in the year of the dis- tax code provision addressing military damental benefits, particularly in the aster or in the following year. benefits. Veterans benefits, provided to current climate of anything goes in the veterans and their survivors under laws name of deficit reduction. S. 112 administered by VA, always have been Mr. President, it is obvious that, At the request of Mr. DASCHLE, the distinct from military pay and benefits since IRS previously has not collected name of the Senator from Nebraska provided to active-duty or retired or attempted to collect taxes on veter- [Mr. EXON] was added as a cosponsor of servicemembers under laws adminis- ans benefits, this legislation will not S. 112, a bill to amend the Internal tered by the Department of Defense. affect Federal revenues. Revenue Code of 1986 with respect to In fact, Mr. President, another tax Mr. President, in closing, I acknowl- the treatment of certain amounts re- code provision, section 136, explicitly edge and thank Senator MOYNIHAN and ceived by a cooperative telephone com- references the title 38 provision ex- the fine Finance Committee staff for pany. empting veterans benefits from tax- the technical assistance provided in S. 208 ation. I am not aware of any previous connection with the development of At the request of Mr. DASCHLE, the suggestion that the tax code section this measure. I urge my colleagues to name of the Senator from New Jersey that IRS has interpreted was intended support this bill and pledge to do all I [Mr. LAUTENBERG] was added as a co- to make veterans benefits taxable. If can to see it enacted quickly. sponsor of S. 208, a bill to require that Congress had wanted to make such a Mr. President, I ask unanimous con- any proposed amendment to the Con- radical change in the tax-exempt sta- sent that a copy of the bill be printed stitution of the United States to re- tus of veterans benefits, it certainly in the RECORD. quire a balanced budget establish pro- would have done so much more explic- There being no objection, the bill was cedures to ensure enforcement before itly than through an ambiguously ordered to be printed in the RECORD, as the amendment is submitted to the worded provision that does not even follows: States. mention veterans or the Department of S. 297 S. 252 Veterans Affairs. Be it enacted by the Senate and House of Rep- At the request of Mr. LOTT, the Mr. President, it is clear that, before resentatives of the United States of America in names of the Senator from North Caro- February 1992, in previous administra- Congress assembled, lina [Mr. HELMS], the Senator from tion had interpreted this tax code pro- SECTION 1. SHORT TITLE. Florida [Mr. MACK], the Senator from vision to require taxation of veterans This Act may be cited as the ‘‘Veterans’ New Hampshire [Mr. SMITH], and the benefits. During the almost 7 years Tax Fairness Act of 1995’’. Senator from Alaska [Mr. STEVENS] since the provision took effect, IRS has SEC. 2. CLARIFICATION OF TREATMENT OF VET- were added as cosponsors of S. 252, a not collected or attempted to collect ERANS’ BENEFITS. bill to amend title II of the Social Se- any taxes based on the receipt of VA- (a) IN GENERAL.—Subsection (a) of section curity Act to eliminate the earnings administered benefits—even in connec- 134 of the Internal Revenue Code of 1986 (re- test for individuals who have attained tion with VA debt waivers, which the lating to certain military benefits) is amend- retirement age. IRS opinion had concluded could be ed to read as follows: ‘‘(a) GENERAL RULE.—Gross income shall S. 253 subject to taxation in certain cir- not include— At the request of Mr. LOTT, the cumstances. ‘‘(1) any qualified military benefit, and In fact, every official IRS publication ‘‘(2) any allowance or benefit administered names of the Senator from New Mexico of which I am aware that mentions vet- by the Secretary of Veterans Affairs which is [Mr. DOMENICI], and the Senator from erans benefits, including ‘‘Publication received by a veteran (as defined in section Wyoming [Mr. SIMPSON] were added as 17—Your Income Taxes’’ and a 1988 IRS 101 of title 38, United States Code) or a de- cosponsors of S. 253, a bill to repeal private letter ruling, explicitly states pendent or survivor of a veteran.’’ certain prohibitions against political that veterans benefits are not taxable. (b) TECHNICAL AMENDMENT.—Paragraph (3) recommendations relating to Federal of section 137(a) of such Code is amended to Many IRS publications even list all employment, to reenact certain provi- read as follows: sions relating to recommendations by available veterans benefits to indicate ‘‘(3) Benefits under laws administered by that each is nontaxable. the Secretary of Veterans Affairs, see sec- Members of Congress, and for other Mr. President, in 1992, the committee tion 5301 of title 38, United States Code.’’ purposes. found a very receptive ally in then- (c) EFFECTIVE DATE.—The amendment S. 254 Senator Lloyd Bentsen, who chaired made by subsection (a) shall apply to taxable At the request of Mr. LOTT, the the Finance Committee. Senator Bent- years beginning after December 31, 1984.∑ names of the Senator from Maryland sen successfully inserted a version of f [Ms. MIKULSKI], the Senator from Ala- our clarifying legislation into 1992’s bama [Mr. HEFLIN], the Senator from ADDITIONAL COSPONSORS tax bill, H.R. 11. Unfortunately, Presi- Nebraska [Mr. EXON], the Senator from dent Bush vetoed H.R. 11. S. 5 Oregon [Mr. HATFIELD], and the Sen- Mr. President, during the last Con- At the request of Mr. DOLE, the name ator from Hawaii [Mr. AKAKA] were gress, efforts were made, both by the of the Senator from South Dakota [Mr. added as cosponsors of S. 254, a bill to administration—where Senator Bent- PRESSLER] was added as a cosponsor of extend eligibility for veterans’ burial sen was then serving as Secretary of S. 5, a bill to clarify the war powers of benefits, funeral benefits, and related S 1790 CONGRESSIONAL RECORD — SENATE January 30, 1995 benefits for veterans of certain service But what are the implications of approach- now denied coverage because their medical in the United States merchant marine ing domestic violence in this way? records explicitly indicate they have been during World War II. Evidence indicates that domestic violence battered, or because of repeated health prob- is the leading cause of injury to women, lems that have occurred as a result of domes- S. 268 more common than auto accidents, tic abuse and violence. At the request of Mr. BUMPERS, the muggings, and rapes by strangers combined. The federal government should be a leader name of the Senator from Arkansas Indeed, it is the most frequent cause for in developing and implementing innovative [Mr. PRYOR] was added as a cosponsor women to seek attention at hospital emer- community-based strategies to provide of S. 268, a bill to authorize the collec- gency rooms. Not surprisingly, the health health promotion and disease prevention ac- consequences of domestic violence include tion of fees for expenses for triploid tivities for the prevention of violence by bruises, broken bones, birth defects, mis- grass carp certification inspections, training providers and other health-care pro- carriages, and emotional distress, as well as and for other purposes. long-term mental health problems. fessionals to identify victims of domestic vi- S. 275 Although domestic violence touches men olence, to provide appropriate examination At the request of Mr. GRASSLEY, the as well as women, we know that women and and treatment, and to refer the victims to name of the Senator from Kansas [Mr. children are the primary victims. We know available community resources. This should include the development and DOLE] was added as a cosponsor of S. that the very place in which a woman and 275, a bill to establish a temporary her children should feel the safest and most implementation of training curricula that teach health-care providers to identify and moratorium on the Interagency Memo- protected—their home—is all too often the most violent, dangerous, and even deadly name the symptoms, the promotion and im- randum of Agreement Concerning Wet- place. The emotional and physical well-being portance of developing a plan of action lands Determinations until enactment of women and children is compromised when should the abuser return, and how to refer of a law that is the successor to the they suffer or witness abuse. And the costs their patients to safe and effective resources. Food, Agriculture, Conservation, and are staggering. Already we have taken some steps in this di- Trade Act of 1990, and for other pur- As a member of Congress, steeped in the rection by adopting my Violence Reduction poses. current health-care debate, I can’t and won’t Training Act, which is now being imple- let this information simply be stored away SENATE RESOLUTION 37 mented by the Centers for Disease Control to be trotted out as factoids for rhetorical and Prevention. At the request of Mr. PACKWOOD, the purposes: Congress is on the threshold of ac- name of the Senator from Maryland A comprehensive benefits package would tually doing something to address the do- include clinic visits that gather a complete [Mr. SARBANES] was added as a cospon- mestic violence health issue. medical history and entail an appropriate sor of Senate Resolution 37, a resolu- In the course of the national debate over physical exam and risk assessment, includ- tion designating February 2, 1995, and health care, we have been hearing the argu- ments for comprehensive reform. The preva- ing the screening for victims of domestic vi- February 1, 1996, as ‘‘National Women olence, targeted health advice and counsel- and Girls in Sports Day.’’ lence of domestic violence and the toll it takes on the nation’s heath are two of the ing, and the administration of age-appro- f reasons we need health-care reform that in- priate immunizations and tests. This type of clinic visit would mean that a ADDITIONAL STATEMENTS cludes universal coverage, and a good, af- fordable package of benefits. doctor would ask about a history or inci- The victims of domestic violence are liv- dents of violence as part of her regular medi- ing, breathing, suffering women and chil- cal history interview. Doctors already ask DOMESTIC VIOLENCE AS A dren. They, along with other Americans who about their patients’ medical history with HEALTH CARE ISSUE need care, give a soul to this debate that cancer, smoking, diet, or heart disease. ∑ Mr. SIMON. Mr. President, one of the goes beyond technical discussions of ‘‘em- Sadly, family violence is not something finest things that has happened in the ployer mandates,’’ ‘‘hard and soft triggers,’’ about which doctors, or other health profes- U.S. Senate since I’ve been here was and all the other process jargon that so eas- sionals, often inquire. ily takes center stage in a Washington de- Some of my congressional colleagues and the election of PAUL WELLSTONE. bate. I was reminded of that the other day my constituents will continue to remind me Health-care reform—to meet the needs of that passing this type of health-care reform when I was catching up on my reading victims of domestic violence—needs to in- is going to be expensive. Of course it is. But and read in the magazine Tikkun his clude universal coverage, elimination of pre- we are already spending the money one way existing condition clauses, public-health ef- article on domestic violence as a or the other. The annual medical costs alone forts to prevent domestic violence, and health care issue. of reported domestic violence injuries are as- It really goes beyond discussing it as training for health-care providers to iden- tify, treat, and refer victims. It should con- tounding: A study conducted at Chicago’s a health care issue. tain a benefits package that includes a visit Rush Medical Center found that the average He talks about the necessity to have to a doctor who will routinely ask about charge for medical services provided to education and be sensitive and to pro- abuse and violence in the family just as she abused women, children, and older people is tect all of our citizens better than we asks about a history of smoking or heart dis- $1,633 per person per year. This would are now protecting them. ease. amount to a national cost of $857.3 million. I ask to insert into the RECORD the Universal coverage would mean that a Many of these costs are borne by emergency Paul Wellstone article. woman who stays in a relationship because departments—the most expensive way to The article follows: she is dependent on an intimate partner for provide these services. health coverage for herself and her children As with the current discussion surrounding DOMESTIC VIOLENCE AS A HEALTH-CARE ISSUE would know that coverage was guaranteed the criminal nature of domestic violence, we (Paul Wellstone) even if she left the relationship. are now at the point of asking: given that Domestic violence is a crime. Surely this Leaving an abusive relationship is already domestic violence is a health issue, what do statement is not a matter of contention or terribly difficult; many of the women in- we do? debate anymore—or it certainly should not volved worry about not being able to support One of the important things that we can do be. their children or themselves. Many are is to pass comprehensive health-care reform But it wasn’t too long ago that we did have ashamed to let relatives know of the abuse. that is universal, comprehensive, and afford- to make the argument, because domestic vi- And, when women do leave abusive partners, able. By passing comprehensive reform, Con- olence was a secret, something that hap- they must worry that the rage behind the gress will be taking an important step to pened behind closed doors, a ‘‘family mat- abuse will become homicidal. A woman seek- prevent and reduce the incidence of domestic ter.’’ Police would be called; they would ar- ing to leave an abusive relationship should rive; and they would leave. And then they not have to worry about loss of health insur- violence. would be called again. And again. ance for herself and her children—especially Passing health-care reform will not be a Now, of course, it’s different, because ev- when experience shows that victims of abuse panacea for the victims of family violence. eryone knows that domestic violence is a are heavy users of the health-care system. In the same way that police cannot solve the crime as pervasive—if not more so—than When congressional discussion turns to crime of domestic violence, health-care pro- murder, armed robbery, or drug dealing. The ‘‘universal coverage’’ as being only a goal, or fessionals are not going to solve this prob- only argument now involves what to do meaning 95 percent (or so) of the population, lem. about this seemingly intractable problem. I will be reminding my colleagues about If we are to break this cycle of violence, we Domestic violence is a health-care issue. these women and their children. must recognize that all of us in the commu- Now this is something new. Once this per- Along with universal coverage, we need to nity are stakeholders. We all need to be in- spective on the problem is introduced, how- prohibit insurance companies from denying volved: health-care providers, educators, ever, informed opinion-makers pause a mo- coverage to people because of preexisting business people, clergy, law enforcement of- ment, think about it, and say, ‘‘Oh, yes, of conditions. Eliminating preexisting condi- ficers, advocates, judges, media, and commu- course it is.’’ tion clauses would protect women who are nity residents. January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1791 But there is another level in this debate. article in the Economist noted, these That would free some existing prison space Even if Congress enacts health-care reform programs are highly cost-efficient. In for more dangerous criminals. and even if communities start to deal with Florida, for example, these alternative This approach has already been tried in this escalating problem, as a country we are programs cost only $6.49 per day per states with some of the highest incarcer- still faced with a whole host of problems ation rates in the nation, among them Flor- that we are only beginning to comprehend. felon, compared with nearly $40 per day ida and Georgia. So-called ‘‘intermediate For instance, we now have to ask about the for prison. sanctions’’ for non-violent felons—for in- responsibility of the healthcare community And, the programs don’t compromise stance, house arrest or work programmes— to provide leadership for community collabo- public safety. As the Economist re- are cheap. In Florida, they cost only $6.49 per ration. And how should the role of health- ported, ‘‘A 6 year survey by the Na- day per felon, compared with prison’s near- care providers intersect with others in the tional Council on Crime and Delin- $40 a day. They may also be working. A six- community? quency shows that in Florida, people year study by the National Council on Crime Furthermore, the provider is now con- sentenced to such penalties are less and Delinquency shows that in Florida peo- fronted with serious ethical questions such likely to be arrested within 18 months ple sentenced to such penalties are less like- as whether physicians should be mandated to ly to be arrested within 18 months of their report information about abuse and if so, to of their release than similar offenders release than similar offenders who had been whom? Is the obligation to notify the law en- who had been sentenced to between 12 sentenced to between 12 and 30 months in forcement or legal systems greater than the and 30 months in jail.’’ jail. responsibility to respect the victim’s auton- That is what I call being both tough Texas, though, stays old-fashioned about omy? If a victim asks that there be no ac- on crime and smart. It is an approach its prison problem: it throws money at it. tion, should a doctor or nurse or therapist Congress should consider before it Twice this year, the Texas legislature has honor the request? And what are the respon- spends billions more on another incar- taken $100m from other parts of the state sibilities of health professionals with regard ceration binge. I ask that the full text government to pay for more prisons. The to the perpetrators? What is the role of of the Economist article be reprinted voters, who rejected a $750m bond issue for neighbors who hear much too much through schools, backed $1 billion for the Corrections thin walls? in the RECORD. Department. The trouble is that new parole I don’t have all the answers to these types The article follows: restrictions look like further increasing the of questions. Indeed, since we have just [From the Economist, Nov. 19, 1994] demand for Texan prison space. In the Lone opened the door to this discussion, I’m not ALTERNATIVES TO PRISON—CHEAPER IS Star state, getting into prison may prove sure anyone does. But that, in part, is the BETTER tougher than getting out of it.∑ point. We have now initiated this debate, and RICHMOND, VA.—Self-preservation requires f we have begun talking as a community— American politicans to be slap-’em-inside knowing full well that because of this con- tough on crime these days. The argument for versation we will begin solving one of the toughness stands on uncertain ground: the ON PRISON WARDEN SURVEY most devastating social and medical prob- number of Americans in prison has more ∑ Mr. SIMON. Mr. President, there has lems facing every one of us. than doubled since 1982, now standing at over been much talk recently about rewrit- For the last two years, my wife Shelia and 1m, and yet notified violent crime has risen I have been traveling throughout Minnesota, ing last year’s Federal crime bill. That by two-fifths, according to the Federal Bu- talk has focused on spending billions convening gatherings and attending events reau of Investigation. Still, the voters want where such issues are being discussed. The to lock the villains up, and the politicans more for prison construction and conversations are having an impact. We are reckon they had better get on with it. The longer sentences, while drastically re- seeing community action throughout the next question is how much it will cost the ducing funds for prevention programs. state, and we are seeing a tremendous num- taxpayer. I urge my colleagues to think hard ber of providers, judges, and police getting In Virginia, whose capital has the coun- about whether these changes represent involved. My own experience in Minnesota try’s second-highest homicide rate, the Gen- smart policy. Last month, I conducted makes me believe that similar efforts na- eral Assembly recently met in extraordinary a survey of 157 wardens, and I asked tionwide will also be successful. session to lengthen prison terms for violent We must begin this discussion with a sense criminals and—like 13 other states and the them to comment on our present crime of urgency—peoples’ lives and safety are at federal government—to abolish discretionary policies. By large margins, the wardens stake.∑ parole for newly convicted felons. That needs warned that our overwhelming empha- f nearly 30 new prisons. Some say this could sis on building prisons just isn’t work- cost $2 billion. The new Republican governor, ing. They urged a far more balanced ON ECONOMIST ARTICLE George Allen, says that the true cost is clos- approach to crime-fighting, that mixes ∑ Mr. SIMON. Mr. President, a few er to $1 billion, and that the state’s prison punishment, prevention, and treat- months ago, we passed the dubious population would anyway have doubled, ment. without the new measures, by 2005. milestone of having 1 million inmates But the Democrats who control the legisla- The Daily Southtown, in a recent serving time in prison. That number is ture balked even at that figure, and have editorial, called on Congress to listen expected to soar further as Congress given Mr. Allen only about $40m to erect a to the advice of these experts, rather and the States respond to the public’s handful of the work camps needed to accom- than moving rapidly ahead with poli- fear of crime by enacting longer prison modate the queue of prisoners waiting for cies that may be politically popular, terms for drug offenders and other space in the local jails. Mr. Allen, who has but ultimately shortsighted. That is a criminals. promised not to raise taxes, will have to go message we would all do well to heed. Before we head full-steam down this back to the Assembly next year and try to I ask that this editorial be reprinted find the rest of the $370m that he describes prison-building path, I think we need as a down-payment for safer streets. It costs following my remarks. to consider carefully whether we are $19,800 a year to keep an inmate behind bars. The editorial follows: being smart about how we punish It is doubtful whether the governor can raise [From the Daily Southtown, Dec. 8, 1994] criminals. Last year, I asked my staff what he needs by cutting expenditure else- to survey prison wardens around the where and selling off surplus state prop- WARDENS’ VIEW ON CRIME: MANDATORY Nation for their views on our crime erties. Many state agencies are still operat- SENTENCING WON’T SOLVE PROBLEM policies. The results were surprising. ing on recession budgets. The sale of state Is ‘‘locking them up and throwing away Only 39 percent recommended building land and equipment is expected to net a pal- the key’’ the most effective approach to re- try $26m. ducing crime? Not if you listen to the prison more prisons. But 65 percent said we On the other side of the country, in Or- wardens across the country who are in should use our existing prison space egon, where parole was abolished in 1989, a charge of the nation’s inmates. more efficiently, by imposing shorter cheaper way of coping with over-full prisons Some 157 prison wardens were surveyed by sentences on nonviolent offenders, and is being tried. Oregon’s voters are not keen a U.S. Senate subcommittee, and 85 percent longer prison terms on violent ones. on paying more, either: the advocates of of them said the politically popular ap- A few States, such as Florida and tougher penalties for crimes against prop- proach—mandatory, longer incarceration— Georgia, have begun to respond in this erty failed to get enough signatures to put didn’t work. way. They have begun to look at inno- their proposal on the ballot last year, pre- The survey was conducted at the request of sumably because it would have cost $300m a Sen. Paul Simon (D–Ill.). The survey showed vative ways to free up prison space by year. So the state legislature, in providing that ‘‘the idea we can solve our crime prob- sentencing nonviolent criminals to ‘‘in- more money for the corrections department, lem by putting more people in prison just termediate sanctions,’’ such as home said that most of it should go into alter- has not worked,’’ Simon said. The senator detention and work release. As a recent natives to prison for non-violent offenders. said most of the wardens favored approaches S 1792 CONGRESSIONAL RECORD — SENATE January 30, 1995 that mixed prevention, treatment and pun- Mr. DOLE. Mr. President, are we in And so the Heinz Awards were born. They ishment. Sixty-five percent said they pre- morning business? are intended to recognize outstanding ferred increasing sentences for violent crimi- The PRESIDING OFFICER. The Sen- achievers in five areas in which John was nals and cutting sentences for non-violent ate is on House Joint Resolution 1. particularly active. But they are meant less inmates. as a reward for the people we will honor here Some 92 percent favored placing non-vio- f today, than as a reminder for the rest of us— lent drug offenders in residential treatment MORNING BUSINESS a reminder of what can happen when good programs, halfway houses, home detention people, regardless of who they are or where and boot camps rather than prisons. And Mr. DOLE. Mr. President, I ask unan- they come from, set out to make a dif- contrary to the rhetoric that proved so popu- imous consent there be a period for ference. lar in the November election, the wardens morning business not to exceed 5 min- There is a saying in the Heinz family that said they wanted programs in prison for drug utes. dates back to my husband’s great-grand- treatment, vocational training and edu- The PRESIDING OFFICER. Without father, the founder of the Heinz Company. cational programs. objection, it is so ordered. Quite aside from his business acumen, H.J. Simon said he asked for the survey because Heinz was an exceptional man who battled f he feared the new Republican majority in his food industry peers on behalf of food pu- Congress would rewrite the 1994 crime bill to HEINZ AWARDS rity laws, created the most progressive remove prevention and treatment programs workplace of his day, and fostered in his off- and replace them with more costly punish- Mr. DOLE. Mr. President, this April spring an abiding sense of social responsibil- ment approaches. will mark the fourth anniversary of the ity. And yet H.J. Heinz dismissed the notion Our elected officials ought to give some se- untimely passing of our friend and col- that he was truly exceptional. His aim, he rious thought to the recommendations of the league, John Heinz. And those of us said humbly, was merely ‘‘to do a common experts—the people who run our prisons— thing uncommonly well.’’ rather than setting new policies based on who were privileged to serve with this what would serve the politicians best in fu- remarkable public servant continue to In much the same way, H.J. Heinz’s great- grandson never saw greatness in his great ac- ture elections.∑ miss his friendship and his leadership. Many of John’s friends gathered last complishments. For John Heinz, public serv- f Thursday in Statuary Hall for the pres- ice was a common thing, one that he wanted to do uncommonly well. He was a dedicated ORDERS FOR TOMORROW entation of the first Heinz Awards. These awards were established by Te- achiever, but he was distinguished mostly by intangible qualities—qualities of mind and Mr. HATCH. Mr. President, I ask resa Heinz and the Heinz Family Foun- unanimous consent that when the Sen- spirit: intellectual curiosity; a love of peo- dation, and will be awarded to individ- ple; an informed optimism; a willingness to ate completes its business today it uals who have made a difference in five stand in recess until the hour of 9:30 take risks; a passion for excellence; a belief issue areas where John was most ac- that he could make the world a better place; a.m., on Tuesday, January 31, 1995, that tive. the stubborn determination to make it so. following the prayer, the Journal of It was a very moving and inspiring And, above all, a contagious, effervescent joy proceedings be deemed approved to ceremony, and it reminded us again in life. date, the time for the two leaders be that, as John Heinz proved throughout These are the qualities celebrated by the reserved for their use later in the day; his career, good people can do great Heinz Awards. They are, in fact, in addition that there then be a period for the things. to excellence, the criteria. In our first year, transaction of morning business not to Mr. President, I ask unanimous con- our nominators sent us some two hundred extend beyond the hour of 10 a.m., with nominations from across the country. And as sent that the very eloquent remarks we began culling through these, we took ex- Senators permitted to speak for not delivered at the ceremony by Teresa more than 5 minutes each, with the fol- cellence as a given. But then we looked be- Heinz be printed in the RECORD, and yond achievement. We looked for vision, and lowing Senators to speak for up to the that they be followed by brief biog- character and intent. designated times: Senator DOMENICI for raphies of the six Heinz Award recipi- And finally, after our jurors and board of 15 minutes, and Senator BREAUX for 15 ents. directors had met, we had settled on six re- minutes. There being no objection, the mate- markable individuals. They are an eclectic I further ask unanimous consent that rial was ordered to be printed in the group. To the extent they share world views, at 10 a.m. the Senate resume consider- RECORD, as follows: that is more by accident than design. Their underlying spirit was what we asked our ation of House Joint Resolution 1, the REMARKS OF TERESA HEINZ AT THE HEINZ nominators and jurors to assess. And it is constitutional balanced budget amend- AWARDS, STATUARY HALL, JANUARY 26, 1995 ment, and further that the Senate that spirit, a spirit that I regard as uniquely Thank you. American, that we are here today to salute. stand in recess between the hours of This is a deeply gratifying and poignant Many people in our society wish that they 12:30 to 2:15 p.m., for the weekly party day. It is the culmination of nearly four could make the world a better place. Too few luncheons to meet. years of careful thought about how to pay believe that they actually can. And fewer The PRESIDING OFFICER. Without tribute to the memory and spirit of my late still act on that belief. objection, it is so ordered. husband John Heinz. And it is the culmina- Many people have dreams. Too few pursue tion of four years of hard work toward that those dreams. And, tragically, fewer still f goal. I know John would be greatly honored persist until dream becomes reality. that we are all here today in this hallowed We live in cynical times, and one aspect of UNANIMOUS-CONSENT AGREEMENT hall, to celebrate his memory in a place that that cynicism is the corrosive notion that meant so much to him. I want to thank Mr. HATCH. Mr. President, if there is individuals are powerless to make a dif- Speaker Gingrich and our sponsor, Congress- no further business to come before the man Curt Weldon, for making this possible. ference. But history is still made by people, Senate and no other Senator seeking And I especially want thank all of you for one person at a time. Our first recipients of recognition, I now ask unanimous con- being here. the Heinz Awards illustrate just how much sent that, following the majority lead- If you have ever done it, you know that the we can do when we apply ourselves and care er’s remarks, the Senate stand in re- making of a tribute is a terribly difficult enough to try. matter. That is especially true when the goal They are an antidote, if you will, not just cess under the previous order. to cynicism, but to the culture of powerless- The PRESIDING OFFICER. Without is to honor someone as complex and multi- faceted as my late husband. I realized early ness so ascendant now in our society. These objection, it is so ordered. on that, for John Heinz, no static monument six have believed in the power of one. They Mr. HATCH. Mr. President, I suggest or self-serving exercise in sentimentality have dreamed great dreams. And they have the absence of a quorum. would do. He would have wanted no part of made that belief and that dreaming the basis The PRESIDING OFFICER. The such things. The only tribute befitting him of their life’s work, to the betterment of us clerk will call the roll. would be one that celebrated his spirit by all. The assistant legislative clerk pro- honoring those who live and work as he did. Their stories, I hope, will remind Ameri- ceeded to call the roll. To me, the value of remembering John cans that we really do have power as individ- uals, that good people still can achieve great Mr. DOLE. Mr. President, I ask unan- Heinz is and always will be in remembering what he stood for and how he stood for it. things. Our world has been improved by the imous consent that the order for the His life said something important about how six individuals you are about to meet. But quorum call be rescinded. life can be lived, and should be lived. I want- the secret of their impact transcends their The PRESIDING OFFICER. Without ed to remember him in a way that would in- films, their books, their programs, their objection, it is so ordered. spire not just me, but the rest of us. treaties, and their microchips. These things January 30, 1995 CONGRESSIONAL RECORD — SENATE S 1793 were made great by the qualities of the peo- which the couple founded, have never sug- forthcoming Fist Stick Knife Gun, a book on ple who made them, by their joy, their love gested that population issues represent the conflict resolution. of people, their optimism, their willingness whole of the planet’s problems. In fact they Geoffrey Canada believes that, if today’s to take risks, their passion for excellence, have been forceful advocates for broadening urban youth are to be convinced that a dis- their belief that they can improve the world, the agenda of the environmental movement advantaged background does not demand de- their gritty determination. Their work, ac- to include such issues as biodiversity, pov- spair or dictate defeat, they must have real complished as it is, has been the product of erty, consumption, carrying capacity, energy role models and real heroes. And they need something internal—an incandescence that supplies, agriculture and food, global warm- them on the spot: successful, educated men burns brightly in the human spirit. ing, nuclear weapons, international econom- and women who continue to live alongside Our faith in luminous qualities of heart ics, environmental ethics, and sustainable them in their communities, shop at their and mind made this a great country. And if development. stores, play in their parks, and ride the buses there is to be any future for this thing we so The Ehrlichs have displayed rare leader- and subways just as they do. Geoffrey Can- blithely call the American spirit, we must ship in seeking to translate meaningful ada’s life teaches by example. embrace those qualities again. Can it be science into workable policy. Far from being done? Is it important? As evidence and proof, prophets of doom, they are spirited opti- AMBASSADOR JAMES GOODBY I offer you six extraordinary people. mists, whose unrivaled contributions have Ambassador James Goodby receives the Thank you. flowed from a belief that the future is still Heinz Award for Public Policy. Virtually un- ours to make. known to his countrymen or to the world, BIBLIOGRAPHIES OF THE SIX HEINZ AWARD GEOFFREY CANADA Ambassador Goodby is a quiet titan in the WINNERS Geoffrey Canada receives the Heinz Award delicate, high stakes arena of international PAUL AND ANNE EHRLICH for the Human Condition in recognition of nuclear weapons negotiations. Paul and Anne Ehrlich receive the Heinz his battle against what he calls the ‘‘mon- Both the esoteric and security-sensitive Award in the Environment in recognition of sters’’ preying on the children of the de- nature of his specialty have required him to their thoughtful study of difficult environ- pressed inner-city. As President and CEO of work almost entirely behind the scenes. But mental issues, their commitment to bringing the New York-based Rheedlen Centers for for more than four decades, under nine Presi- their findings to the attention of policy Children and Families, he not only has cre- dents, James Goodby has made the world a makers and the public, and their willingness ated model programs, but sets an example safer place, beginning with his leadership of for all adults wanting to protect children to suggest solutions. the effort to achieve a nuclear test ban trea- from crime, drugs, lawlessness and despair. Anne and Paul Ehrlich have been produc- ty in the 1950s and 1960s. After retiring from Geoffrey Canada knows life in the inner ing important scientific research for over the foreign service in 1989, Ambassador city at first hand. It’s where he grew up, and three decades. But they are distinguished by Goodby was called back into service in 1993 he remembers what it’s like to be a child their passionate determination to commu- to serve as Chief U.S. Negotiator for the Safe there. ‘‘I haven’t forgotten about the mon- nicate their findings to non-scientific audi- and Secure Dismantlement of Nuclear Weap- sters,’’ he says. ‘‘I remember being small, ences. They have long seen it as their re- ons. He negotiated over 30 agreements with vulnerable and scared.’’ sponsibility to alert humanity to the dan- several former Soviet Republics to assist in Geoffrey Canada was one of those rare and gers of ecological carelessness and arro- the dismantling of nuclear weapons, prevent- fortunate young men and women who are gance. This perspective, uncommon among ing weapons proliferation and converting able to rise above and move beyond the inner military facilities to civilian enterprises. scientists, has made them the target of city. Once they leave, they rarely return. sometimes strident criticism, which they ac- As Secretary of Defense William Perry has But Canada did return, motivated by a desire written, ‘‘Jim’s life has been dedicated to cept with grace as the price of forthright- to save young people whose lives might oth- serving the public and humanity. He is an ness. erwise be snuffed out by bullets or smothered unselfish individual who is touched by the They are distinguished as well by their by hopelessness. He decided to live in Har- needs of others and responds in a vigorous willingness to offer and seek solutions to the lem, the community in which he works, in way to bring about change.’’ problems they identify. Their prescriptions, order to provide what, in his own youth, he sometimes misrepresented as draconian, are so wished for: a role model. He is optimistic James Goodby came of age in the shadow rooted in the same Judeo-Christian prin- in seeking practical answers to what pes- of the atomic bomb. The post-war years—the ciples that are the source of the Ehrlich’s simists view as intractable problems. The late 1940s and early 1950s—saw the disinte- profound ethic of stewardship. It would be fact that he has no illusions is the very thing gration of wartime alliances and the esca- difficult to name any other couple who have that makes him so effective. lation of East-West tensions. Goodby grad- made such a long-standing and substantive Geoffrey Canada grew up poor on welfare, uated from Harvard in 1951 and entered the contribution to scientific and policy under- in a household headed by a single woman in foreign service in 1952. With the exception of standing of population, environment, and re- the blighted tenements of New York’s South the two years he served as U.S. Ambassador source issues. Bronx. Despite the many things he did not to Finland (1980–1981), most of his career has As scientists, authors and educators, Paul have, he realized what he did have: a hard- dealt with international peace and security and Anne Ehrlich have for 30 years devoted working and loving mother who gave him a negotiations. themselves to enhancing public understand- strong set of values, a deep sense of respon- His reputation as a negotiator quickly ing of a wide range of environmental issues, sibility, a belief in the importance of edu- spread through foreign policy and govern- including conservation biology, biodiversity cation, and an almost ardent commitment to ment circles: he was strong and dependable; and habitat preservation. make things better not only for himself, but he was smart; and he seemed to have the The basis of the Ehrlichs work has always for those around him. knack for devising creative solutions to been their science, and they have compiled In 1963, having completed his graduate edu- complicated questions. While assigned to the an important body of scientific research over cation, he joined the staff of the New York- U.S. Mission to NATO in the early 1970s, he the years. But it is for their environmental based Rheedlen Centers for Children and negotiated alliance positions on human advocacy, particularly in the area of popu- Families. He was named its President/CEO in rights and security provisions for the Con- lation, that the Ehrlichs are most well 1990. At Rheedlen, he has been instrumental ference on Security and Cooperation in Eu- known to the general public, and little won- in creating or developing such programs as rope, many of which became part of the Hel- der. Paul Ehrlich made a memorable debut Rheedlen’s Beacon School, Community sinki Final Act. After a stint as vice chair- on the world scene with the publication of Pride, the Harlem Freedom Schools, and man of the U.S. delegation to the Strategic his 1968 book, The Population Bomb, in Peacemakers. Arms Reduction Talks (START), he became which he warned that the Earth’s resources The Beacon Schools program uses public head of the U.S. delegation to the Stockholm could not indefinitely support the planet’s school buildings to provide inner-city fami- Conference on Confidence and Security growing population. In a 1990 sequel, The lies with safe shelters and constructive ac- Building Measures and Disarmament in Eu- Population Explosion, Anne and Paul Ehr- tivities 17 hours a day, 365 days a year. There rope in 1984. In that position, he negotiated lich provided an unflinching update. are now 37 Beacon Schools in New York. The the framework that laid the basis for nego- Setting forth challenging but prescient program has been replicated in Connecticut, tiations on conventional force reductions in work was to become a hallmark of the Ehr- Illinois, and California. Europe. Former Secretary of State George lich’s careers. Several decades ago, the Ehr- To combat the culture of violence in the Shultz, who describes Goodby as a ‘‘thor- lichs were the first to raise the alarm about inner-city, Canada conceived of the Peace- oughly laudable person,’’ has written that a possible resurgence of infectious diseases, makers Program. He was concerned by the ‘‘Ambassador Goodby got the ball rolling another controversial theory now taken seri- media’s easy promotion of violence as a way very effectively, standing up to the Soviets ously. of settling disputes, and he set out to de- and rallying our allies.’’ Paul Ehrlich, who is Bing Professor of Pop- velop an alternative: a program to teach Praise for his accomplishments makes ulation Studies in the Department of Bio- children how to use communication to re- James Goodby, now a Distinguished Service logical Sciences at Stanford University, and solve conflicts. His Peacemakers curriculum Professor at Carnegie Mellon University in Anne Ehrlich, senior research associate in trains young people in conflict resolution, Pittsburgh, Pa., uncomfortable. A native biology and policy coordination at Stan- mediation, and violence prevention and re- New Englander, he modestly demurs: ‘‘Where ford’s Center for Conservation Biology, duction techniques. He is the author of the I come from, we don’t feel comfortable with S 1794 CONGRESSIONAL RECORD — SENATE January 30, 1995 such talk * * * I had a lot of people to help Andrew Grove has played perhaps the piv- Henry Hampton grew up in St. Louis. After me do it.’’ otal role in the development and populariza- deciding against a career in medicine, he It may surprise some that a single individ- tion of the 20th century’s most remarkable went to work as an editor, and later as direc- ual, bucking modern media worship by pur- innovation—the personal computer. The tor of information, for the Unitarian Univer- posely eschewing publicity, could make such technologies pioneered by Grove and his as- salist Church. When a Unitarian minister a difference to the fate of the world. But sociates, first at Fairchild Semiconductor was killed in Selma, Alabama, the James Goodby, compelled to a life of public and then at Intel, which he co-founded in churchleaders, including Hampton, went to service by a desire to make the world a safer 1968, made the entire personal computing the South to join Dr. Martin Luther King, place, offers reassurance that there still revolution possible. The world has barely Jr.’s march. exist in America men and women with bril- begun to scratch the surface of the techno- During this first visit to the deep south, liant minds and distinguished careers who logical and economic benefits that revolu- Hampton started to think about capturing need nothing more than the inner satisfac- tion can bring. the struggle for civil rights on film. He had tion of a vision fulfilled and the knowledge No stranger to controversy, Andrew Grove that they have truly made a difference. has shown an ability to learn from experi- no experience, but he set about learning. Questioning the conventional approaches, he ANDREW S. GROVE ence. And, while others panicked over prob- and his colleagues slowly began devising a Andrew Grove receives the Heinz Award for lems or setbacks, he has always managed to maintain his focus on what is important and unique style for Blackside’s work. Finally he Technology and the Economy in recognition was ready to make exactly the kinds of docu- not just of his astounding technological and what he does best: developing even faster, mentaries he envisioned. business accomplishments, but also of his de- more affordable and more powerful tech- Eyes on the Prize has received six Emmys, termination and vision. In a story as old as nology. a Peabody, and an Academy Award nomina- America, those traits transformed him from Thanks in large measure to Andrew a young immigrant into a leading figure in Grove’s genius and vision, millions of people tion. It has been broadcast around the world, the birth of the information society. now have instant and inexpensive access to and is used as a teaching tool on as many as His accomplishments range from the tech- the kinds of information and entertainment half of four-year college campuses in the nical to the commercial, from contributing about which even the elites of previous gen- U.S. to the development of the microprocessor erations could only dream. Henry Hampton pushes his company to chip—perhaps the most important advance- HENRY HAMPTON deal with what he calls ‘‘messy history’’— ment in the history of computing—to help- Henry Hampton receives the Heinz Award the kind that doesn’t supply the neat conclu- ing create the personal computer industry. in Arts and Humanities for his creativity, sion the public so often wants. He believes As more Americans start traveling down the his curiosity and his seriousness of purpose, that media can help people use the perspec- information highway, at speeds and prices to as manifested in the outstanding contribu- tive history offers as they deal with contem- their liking, a tip of their symbolic hats to tions of Blackside, Inc., the independent film porary problems. Andy Grove would be in order. and television company he founded in 1968. Depsite the weighty issues with which his More than an engineering genius, he is an From modest beginnings, Blackside has be- films deal, Henry Hampton remains an opti- enlightened corporate executive and em- come one of the successful independent pro- mistic man. He is undeterred by the effects ployer whose ability to nurture talent is leg- duction companies in the world. But success of both childhood polio and of a more-recent endary. His peers as well as his employees hasn’t changed Henry Hampton, who, re- cancer. His vision of a just and compas- call him Andy, and that speaks volumes membering his early struggles, regularly sionate future for all Americans fuels his about the man’s character, about his ap- mentors young minority filmakers. spirit and permeates his work. proach to business and, most certainly, Among Blackside’s productions are the about his approach to life. landmark television series Eyes on the Prize f A native of Hungary, Andrew Grove fled I and II. Other Blackside documentaries have during the 1956 Soviet invasion. When he ar- included The Great Depression, Malcolm X, RECESS UNTIL TOMORROW AT 9:30 rived in New York, he was twenty years old, and the recently-broadcast America’s War on A.M. had only a few dollars in his pocket, and Poverty. knew even fewer words of English. Hampton’s work and that of his producing The PRESIDING OFFICER. Under The boy from Budapest has lived the quin- team, has been described as ‘‘history as po- the previous order, the Senate will tessential American success story. By work- etry’’—but it is not the kind of poetry that stand in recess until 9:30 a.m., Tuesday, ing any job he could find, he put himself sugar-coats difficult and divisive issues. He through New York’s City College, earning a believes that Americans of all races must January 31, BS. in Chemical Engineering. He received his truly understand their past before they can Thereupon, the Senate, at 5:51 p.m. masters and Ph.D. from the University of deal with the present, much less master the recessed until Tuesday, January 31, California at Berkeley. future. 1995, at 9:30 a.m. January 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 211 EXTENSIONS OF REMARKS

DRUNK DRIVING PREVENTION ACT limousines for hire, or motor vehicles with a MURLI DEORA, INDIAN M.P., contract driver. ELECTED PRESIDENT OF PAR- HON. BILL K. BREWSTER Administrative license revocation: Adminis- LIAMENTARIANS FOR GLOBAL trative license revocation for drivers who ACTION OF OKLAHOMA refuse to submit to the State's implied consent IN THE HOUSE OF REPRESENTATIVES chemical testing, or who are arrested for the HON. GARY L. ACKERMAN Monday, January 30, 1995 violation of the State's driving while under the OF NEW YORK influence law prior to court appearance. This Mr. BREWSTER. Mr. Speaker, the last dec- IN THE HOUSE OF REPRESENTATIVES provides for the arresting officer to physically ade has witnessed great strides in the battle Monday, January 30, 1995 against drunk driving. The facts speak for take possession of the offender's driver's li- Mr. ACKERMAN. Mr. Speaker, earlier this themselves: Alcohol-related traffic fatalities in cense and issue a temporary license with a week Parliamentarians for Global Action 1993 were 21 percent below the 1990 level. notice of revocation. The driver would then unanimously elected Murli Deora as its inter- The original drunk driving target for the year have 15 days to request a hearing. If no hear- national president. Parliamentarians for Global 2000 set by the Federal Government was met ing was requested, immediate revocation Action is an association of more than 1,000 and exceeded by 19 percent in 1992, and the would take effect. Upon the expiration of the legislators from more than 80 countries who number of teenage drunk drivers involved in revocation period, the party would be eligible are committed to solving global problems in a fatal accidents in down 62 percent since 1982. to apply for another driver's license upon pay- spirit of cooperation that transcends national The reduction in drunk driving is due to an ment of all applicable fees. It would be unlaw- and ideological boundaries. effective comprehensive approach combining ful for the individual to drive while his/her li- Murli Deora's election to this position marks sound laws, strict enforcement, even-handed cense is revoked and for any person to know- the first time a parliamentarian from Asia has adjudication, education, and treatment. To ingly permit his/her motor vehicle to be driven been voted to head this prestigious organiza- continue to address the problem and prevent by an individual with a revoked license. tion. It also is a recognition of Murli's many the abuse of beverage alcohol products we Tough laws against underage drinking: Ad- years as a staunch advocate of a strong rela- must continue a two-pronged effort that en- ministrative license revocation penalties for mi- tionship between the United States and India. sures strict and consistent law enforcement for nors who drive with any measurable and de- Murli has been a key leader in promoting Unit- those who break the law and education con- tectable alcohol concentration, or who illegally ed States-Indo ties while he served as a Mem- cerning the responsible consumption of bev- purchase or possess beverage alcohol prod- ber of Parliament representing the financial erage alcohol products. ucts. A minor may not enter premises licensed center of Bombay. Murli has worked diligently While recognizing that there is certainly still for the retail sale of beverage alcohol for the both in his capacity as a Member of Par- much to be done, the Distilled Spirits Council purpose of purchasing, being served, or hav- liament and as the chairman of the Congress of the United States [DISCUS], a leader in the ing delivered to him/her any beverage alcohol Party in Bombay to make certain that the eco- beverage alcohol industry and a proponent of product. A minor may not consume beverage nomic bonds between the United States and responsible initiatives to combat drunk driving, India grow stronger every year. He has offered has developed a model State law, the Drunk alcohol on premises licensed for the retail sale invaluable advice and assistance to me and Driving Prevention Act. The strong provisions of beverage alcohol, may not purchase, at- many other Members of Congress who share contained in this model State legislation will tempt to purchase, or have another purchase his vision of a vibrant Indo-United States rela- deter and penalize those who drive while for him/her any beverage alcohol product, and tionship. under the influence. DISCUS is to be com- may not misrepresent or misstate his/her age, Mr. Speaker, India is the world's largest de- mended for its exemplary effort to build a or the age of any person, for the purpose of mocracy. The United States is not only India's working partnership at the Federal, State and purchasing or having served or delivered to friend and ally, but also its largest trading part- local community levels in an effort to enact him/her any beverage alcohol product. ner. Therefore, I believe it is entirely appro- passage of this measure. The Drunk Driving Mandatory alcohol and drug testing of driv- priate for my colleagues and I to join together Prevention Act will help ensure that progress ers involved in fatal motor vehicle accidents: in congratulating Murli on this high honor continues in the fight to stop alcohol-related Chemical testing is required of every driver in- which he so richly deserves. As we move to- fatalities on our Nation's highways. volved in an accident resulting in loss of ward the beginning of the 21st century I am The following is a synopsis of the act's pro- human life where there exists probable cause certain that the Congress can continue to look visions: to believe that the driver is guilty of violating to Murli for guidance and leadership as the re- Alcohol and drug education for drivers: the State's driving while under the influence lationship between the United States and India Every first-time applicant for a driver's license law. It would also require the establishment grows even stronger. He will be a dynamic would complete a mandatory course of in- and maintenance of a database of the number president of Parliamentarians for Global Action struction that provides alcohol and drug edu- of fatal motor vehicle accidents that are alco- at a time when his creative leadership and ex- cation concerning the effects of consumption hol-related with the percentage of alcohol con- pansive vision will be utilized to the fullest. I of beverage alcohol products; the use of ille- centration involved, and/or drug-related in- know every member of this body joins me in gal, prescription and nonprescription drugs; volvement and list the class of drugs so found wishing him continued success as he under- the ability to operate a motor vehicle, and the and their amount. takes this important new responsibility. financial and legal consequences of driving Mr. Speaker, there are no easy answers or while under the influence. The driver's license f test would also include written questions on quick remedies to drunk driving. What is evi- TRIBUTE TO ED MADIGAN these issues. dent, however, is this country would greatly Open container: Drivers and passengers benefit from a cooperative partnership be- SPEECH OF would be prohibited from carrying or possess- tween the U.S. Government, the beverage al- ing any beverage alcohol product in the pas- cohol industry, and the American public. Let HON. CHARLES W. STENHOLM senger area, except in the original container us set aside any differences in our quest for OF TEXAS a common goal. We must recognize personal with the seal unbroken. Partially filled contain- IN THE HOUSE OF REPRESENTATIVES ers must be stored in the trunk or lacking a responsibility as the first step toward the ulti- trunk, in the compartment area least acces- mate end to drunk driving. Drunk driving is ev- Wednesday, January 11, 1995 sible to the driver. This provision does not eryone's problem, the solution must be as Mr. STENHOLM. Mr. Speaker, I would like apply to passengers in chartered buses, taxis, well. to take this opportunity to pay tribute to the

∑ 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 212 CONGRESSIONAL RECORD — Extensions of Remarks January 30, 1995 Honorable Ed Madigan. In the Congress, we of Santa Clara County, and for his extensive the press as big business dominated by the use the term ``honorable'' as a matter of deco- work with his church. interests of obstinate team owners and over- rum and protocol; but when I think of my Despite the water wars that raged in our paid players. But baseball has always been friend and colleague Ed Madigan, the word State for years, Ron Esau has been a voice more than just a business. Last year's PBS ``honorable'' is truly appropriate. of reason with an eye to the future for how we special on the history of baseball by Ken Having served with Ed since coming to Con- work well to develop a reliable water supply Burns offered a timely reminder that baseball gress, I invariably found him to be a shining for Santa Clara County. One of the greatest is an important American institution and an example of decency and civility in an environ- strengths Mr. Esau brought to our valley was historic national treasure. For more than 100 ment that, all too often, can be adversarial and the need to expand the diversity of our water years, baseball has been one of the few con- contentious. He was a consensus builderÐ supply base to deal with the growth of our stants in a changing American society. It has one who warranted respect on both sides of county and the realities of drought. His been the measure by which generations of the aisle as a reliable, sincere, and extremely thoughtful approach of developing a mix of Americans have recalled their past, identified capable statesman who stood tall and proud water supplies led this county through the re- their heros and defined their values and aspi- on behalf of his fundamental values, his con- cent critical drought experience relatively un- rations. stituents, and his country. scathed in a much stronger position than Today, the values and traditions of baseball As a fellow member of the House Agri- many areas around us. This feat is a testa- are at risk for future generations. In the strug- culture Committee, Ed was a joy to work with ment to his leadership and vision. gle for financial dominance between major Ron Esau is a principled and honest leader in developing and deliberating our Nation's ag- league owners and players, nowhere are the and a devoted father and husband. I know riculture policy. He worked tirelessly on behalf interests of baseball fans represented in any that whatever area of endeavor he chooses of farmers and ranchers and all that rural negotiation. Ticket and concession prices are America represents. Having earned the re- next, he will excel. I want to wish Ron and now so high that the Nation's pastime, if avail- spect and admiration for his years of service Connie and the rest of his family all the best able at all locally, is priced out of the reach of in Congress, he was suitably appointed to the in the future, and thank him for the wonderful growing numbers of American families. Even President's Cabinet as this Nation's 24th Sec- achievements and progress he has left for us watching baseball on commercial television, retary of Agriculture, where he again served to remember him by. the only way many families now enjoy major with dignity and honor on behalf of the agri- f league games, could be eliminated if broad- culture community and consumers of food and fiber. Without question, Ed has left an indelible PERSONAL EXPLANATION cast rights are sold to pay-per-view television. legacy and high standard for which all of us It is clear that baseball owners and players should strive to follow. HON. WILLIAM F. CLINGER, JR. will continue to look out only for their own Although I join the countless many in ex- OF PENNSYLVANIA needs. But there is a crying need for someone pressing regret and sorrow for a tremendous IN THE HOUSE OF REPRESENTATIVES to look out for the interests of fans, of tax- payers and of the communities in which both loss, I consider us all to be extremely blessed Monday, January 30, 1995 with the opportunity to have known and major league and minor league baseball is worked with the Honorable Ed Madigan. Mr. CLINGER. Mr. Speaker, official busi- played. It is time for Congress to take steps to ness kept me from the Chamber during the return baseball to the American people. f vote on the amendment offered by my col- The legislation I am introducing today seeks TRIBUTE TO RON ESAU league from Pennsylvania, Mr. KANJORSKI. to accomplish this by creating an independent Had I been present, I would have voted ``no'' National Commission on Professional Base- HON. NORMAN Y. MINETA on rollcall No. 53. ball. The Commission would serve as a tem- f porary regulatory body and impartial arbitrator OF CALIFORNIA to oversee the conduct of professional base- NATIONAL COMMISSION ON IN THE HOUSE OF REPRESENTATIVES ball until the legal status of major league PROFESSIONAL BASEBALL Monday, January 30, 1995 baseball can be redefined either by negotia- Mr. MINETA. Mr. Speaker, I rise today in HON. JOHN J. LaFALCE tion or by congressional legislation. Its pur- tribute to a dedicated public servant and a pose is simpleÐto provide a measure of pro- OF NEW YORK tection for the interests of baseball fans and personal friend. As Ron Esau retires from his IN THE HOUSE OF REPRESENTATIVES position as general manager of the Santa taxpayers against the near absolute control Clara Water District, in San Jose, CA, this Monday, January 30, 1995 over baseball exercised by the major league month, he caps a remarkable career as a Mr. LAFALCE. Mr. Speaker, I am today in- baseball owners. major water resources force in Santa Clara troducing the National Commission on Profes- Major league baseball is unique among pro- County. This is a man whose interest in public sional Baseball Act of 1995. The legislation fessional sports and American business in the service is so important to him that he made it creates a temporary regulatory authority to broad exemption it enjoys from legal challenge his duty for more than half of his life. oversee the conduct of professional baseball under the Nation's antitrust laws. Major league Since 1957, Ron Esau has been serving the to assure that our national pastime will remain team owners have, in effect, the ability to write citizens of Santa Clara County. He first joined available and responsive to the American pub- all their own rules and to impose these rules the Santa Clara Valley Water District as an lic. on the public. No outside regulatory authority, assistant civil engineer and has held various Like all baseball fans, I have found the nor any form of internal self-regulatory control, posts, including assistant general manager, events of the past year extremely dishearten- now exists to check this exercise of take-it-or- until appointment to his present position as ing. We witnessed labor negotiations that fo- leave-it market power by major league base- general manager. cused more on outlandish demands by both ball. During his 37 years of dedicated service, owners and players that on tangible objec- The current player strike is the most obvious Ron Esau has been appointed to numerous tives, a baseball strike that halted all major result of this unchecked exercise of market directorships on water boards across the State league play after August 12 and, for the first power. Where once baseball's antitrust ex- including the State Water Contractors, the time in 90 years, the cancellation of a World emption was instrumental in allowing baseball Central Valley Project Water Association, the Series. Recently, the major league team own- to expand and create playing opportunities, it California Water Resources Association, the ers unilaterally imposed a cap on player sala- now encourages labor disputes and deadlock. California Urban Water Agencies, the Western ries that could also jeopardize the 1995 base- In every renegotiation of the major league Urban Water Coalition, the Bay Policy Board, ball season. All these events have taken place players agreement since 1972Ðin eight sepa- and others. behind closed doors, in secret negotiations rate negotiations in 22 yearsÐagreement was Aside from his prestige as a high-ranking without representation of, and little apparent not reached without either a strike or a lock- water resources and community official, Mr. regard for, the interests of those who pay the out. Esau has also been praised for the substantial cost of professional baseballÐbaseball fans But the problems created by the major contributions he has made as a hard-working and taxpayers. league's exemption from legal challenge go volunteer. He is known for the work he has These events tends to confirm the most beyond the labor disputes it fosters between done as a cabinet member of the United Way negative images of major league baseball in owners and players and its exclusiveness and January 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 213 expense for consumers. There are equally ad- with representatives of all the principal parties and players. It could also provide for medi- verse consequences for minor league baseball in professional baseball, together with a chair- ation or arbitration of disputes between the teams, local governments and taxpayers. man and two members representing the gen- major leagues and minor league teams own- The relationship between major league and eral public. The commission would serve as a ers. In these areas, the legislation accords minor league baseball teams has become ex- temporary oversight and mediation body that players and minor league team owners an op- tremely imbalanced, to the extent that minor could act immediately to help resolve an im- portunity to resolve disputes with major league league teams appear analogous to closely passe between baseball owners and players team owners where no means of viable re- controlled franchises with little independent and also protect the rights and interests of course are currently available. control or discretion. The key assets of minor baseball fans, minor league teams, local gov- A key power of the commission would be its league teamsÐtheir players, managers, and ernments and taxpayers. It would also facili- authority to hold public hearings and to obtain, coachesÐare owned and controlled by major tate a longer term, more thoughtful and bal- if necessary through court action, all relevant league teams, leaving minor league owners anced approach to resolving the broader prob- information and documents needed for its pub- with authority to undertake largely financial lems created by baseball's antitrust exemp- lic investigations. Major decisions in baseball management and marketing responsibilities for tion. that affect baseball fans, teams, and taxpayers their team. Rights to operate as a minor The legislation does not take a definitive po- are made routinely in complete secrecy with- league team, together with players and coach- sition on the repeal of the antitrust exemption. out any public representation or disclosure. es, can be revoked for almost any reason, and A major duty of the commission would be to Major league baseball's financial statements with little or no recourse. undertake a multi-year study of the antitrust are accorded the status of State secrets. And Major league owners have also learned that exemption, taking into account all interests secrecy and distrust between owners and by threatening to move a team to another city and perspectives, and to submit to Congress players have created major barriers to settle- they can extract hundreds of millions of dollars its findings and any recommendations for leg- ment of labor disputes. The commission would from local governments to renovate existing islative remedies. The commission would be lift this veil of secrecy in baseball and permit ball parks or build extravagant new stadiums. required to analyze the major proposals for public disclosure of all relevant information Teams have attracted new fans and generated modifying baseball's antitrust exemption, in- pertaining to actions that affect the public. substantial windfalls in the first few years after cluding total repeal of the exemption, partial The commission would also have authority moving into new stadiums. Local taxpayers repeal for purposes of subjecting labor rela- to issue orders, and to obtain injunctions if end up paying most of the costs. The major tions issues to antitrust jurisdiction, and repeal leagues have also required smaller commu- of the exemption with protections to exempt necessary, to delay or halt actions or policies nities to invest substantial sums to renovate long-standing contractual arrangements be- by major league team owners until it has had playing facilities in order to retain their minor tween major league and minor league teams sufficient opportunity to hold public hearings league teams, offering few, if any, guarantees from the antitrust laws. and obtain relevant information. that these teams will not be moved in future My legislation does take the position that Finally, the legislation requires that the com- years. In my own State of New York, for ex- baseball's antitrust exemption is, in effect, a mission be self-funding through payment of ample, the cost imposed on smaller towns to government-granted monopoly in much the fees by the major league baseball owners. meet these facility requirements has amounted same manner as a local public utility or trans- Major league baseball has reaped enormous to nearly $30 million. Once again, the tax- portation authority. And like any other publicly- benefits as a result of its protected market sta- payers pay the bill. sanctioned monopoly, my bill would require tus under Federal antitrust law and has an ob- It has become clear that we really need public oversight to assure that self-interest is ligation to pay most of the cost of regulating Federal legislation to solve some of the major not put above the interests of the public and this market to protect the public's interests. problems faced by baseball. Since baseball is consumers. Funding would be in the form of annual fees a national sport and, indeed, is known as our In this regard, the proposed commission paid by major league baseball calculated as a national pastime, I believe Federal legislation would be similar to the Federal Communica- fraction-of-a-percentageÐ.002 percentÐof is the best way to address this need. tions Commission, or any other public body combined annual team revenues. The manner Proposals have been introduced in the with oversight over a restricted industry or and allocation of these fee payments among House by Representatives MICHAEL BILIRAKIS market. An important difference, however, is major league teams would be determined by and JIM TRAFICANT, and in the Senate by Sen- the fact that the authority of the proposed the commission after consultation with major ator DANIEL PATRICK MOYNIHAN, to repeal commission is intended to be temporary dur- league team owners. baseball's antitrust exemption. I fear this may ing a period of deregulation of baseball from Mr. Speaker, the single most important be too simplistic an answer that does not the current market restrictions imposed by issue of economic policy and legal principle come to grips with the totality of the problems baseball's current antitrust exemption. Since that every Member of Congress must consider of professional baseball. Repeal would cer- Federal law has permitted a restricted national is whether baseball owners should retain their tainly benefit major league players, and per- market for major league baseball, the Federal unique prerogative to write all the rules of our haps even consumers, if it results in team ex- Government has both the right and the re- Nation's pastime themselves. The events of pansion and lower ticket costs. But it could be sponsibility to regulate this market, just as we the past year, and the cancellation of the extremely disruptive of baseball operations regulate other monopolies, to assure that the World Series for the first time in 90 years, generally and potentially devastating for many public's interests are protected. strongly suggest that major changes are need- minor league teams. To resume play for fans The primary purpose of the commission is ed. in 28 major league cities could mean losing far to provide a forum for public scrutiny over the I am particularly pleased about the recent more affordable access to baseball for fans in conduct of professional baseball at both the statements by both President Clinton and Sen- many of the 170 minor league parks across major league and minor league levels. It would ate Majority Leader DOLE urging the players North America. have the authority to investigate many aspects and owners to reach agreement as quickly as The major alternative to this approach is in- of baseball, including the setting of ticket possible. I hope that these and other efforts corporated in bills sponsored by Representa- prices, expansion or relocation of team fran- are successful, and that the strike ends forth- tives JIM BUNNING and CHARLES SCHUMER and chises, terms and conditions of major and with. But that alone is not enough, or should seeks only partial repeal of baseball's exemp- minor league player contracts, relationships not be, because history shows that further tion to subject labor issues and negotiations to between major and minor league teams, struc- work stoppages in the future are highly likely Federal antitrust law. These proposals suffer tural requirements and financing for stadiums, to occur. So Congress should act on this from the opposite problem of addressing only television broadcast rights, and licensing and whether or not a settlement is reached. impediments to resolution of the current play- marketing of baseball merchandise. The com- Everyone involved in seeking a solution to ers strike while offering little to address the mission could intervene in these areas upon a this is doing so principally for emotional rea- broader problems for baseball fans, local gov- determination that an action or policy is poten- sonsÐreviving our national pastime. But as ernments and taxpayers, and minor league tially harmful to the public's interests or the the President pointed out, there are serious teams. best interests of baseball. economic consequences as well. Spring train- The legislation I am introducing today offers The commission also would have authority ing communities will lose $1 million for each a middle ground between these alternatives. It to conduct binding arbitration in the event of a canceled game; major league cities will lose creates a seven-member national commission labor impasse between major league owners $1.2 million and some 2,000 jobs for each E 214 CONGRESSIONAL RECORD — Extensions of Remarks January 30, 1995 canceled game, according to the U.S. Con- In 1987, the Choir Academy of Harlem, a PROPOSING A BALANCED BUDGET ference of Mayors. This means that the strike satellite of Community School District 5, AMENDMENT TO THE CONSTITU- has already cost our economy some $2 billion. was born. Today, the academy teaches TION We must not forget that it isn't just the owners youngsters ages 8 to 18 and offers a Regents high school program. and players who are losing money in this dis- SPEECH OF puteÐwe are all losing, one way or another. More than a year ago the academy moved from a smaller building in Harlem to its first The many bills that have been introduced HON. DONALD A. MANZULLO permanent home—the former Intermediate OF ILLINOIS demonstrate the wide ideological and geo- School 201 building at Madison Ave. and IN THE HOUSE OF REPRESENTATIVES graphic extent of the interest in dealing with 127th St. the baseball crisis. But the complete or partial Aside from proving itself to critics, keep- Friday, January 27, 1995 repeal of the antitrust exemption is too simplis- ing the school financially stable through the The House in Committee of the Whole tic an answer and will not get to the nub of the years has been a challenge, Turnbull said. problem, which is to protect fans, taxpayers, House on the State of the Union had under Performances for royalty and Presidents consideration the joint resolution (H.J. Res. and communities. My proposal offers a broad- alone don’t cover the costs of tutors, pianos 1) proposing a balanced budget amendment er alternative. Under my bill, we will have the and more than 100 worldwide tours each to the Constitution of the United States: equivalent of compulsory arbitration to resolve year. Ticket revenues cover only half its $2.7 Mr. MANZULLO. Mr. Chairman, a balanced the short-term problems and get major league million budget. budget is the best way to ensure the future baseball on the fields once again, followed by Despite generous patrons, cutbacks in city an in-depth study of how we can best orga- and corporate funding have made some tours economic prosperity of the United States. It is nize baseball at all levels under conditions that impossible. a long-term solution to a long-term problem. provide future stability for all concerned: play- Nevertheless, as funding shrinks, the num- Congress, over the past 40 years, has been ers, owners, fans, communities and taxpayers ber of young people who audition continues full of big spenders who couldn't restrain their throughout the United States. to grow. Last year 2,000 hopefuls tried out for proclivity to spend. A balanced budget limits 200 seats in music, dance and drama. I think this is good legislation and sound the powers of Government and brings stability The school’s population also is growing. public policy. I do not expect baseball owners to the budget-making process. Six years ago the choir reinstituted its pro- to support my proposal; I do not expect major Deficits are not a short-term trend. The Fed- gram for girls. Now the choir consists of 300 eral Government has run a deficit for 56 of the league players to support it; but I do hope that students. fans and taxpayers across America will sup- last 64 years, and the last 24 years in a row. The 35 to 40 boys who make up the touring Congress has tried to change its free-spend- port it, for it is the only proposal designed first choir are chosen from the 150-member con- ing ways, but countless budget deals have and foremost for baseball fans and taxpayers. cert choir on a rotating basis. I urge the Congress to consider this legislation Although more than 90% of the students go done very little. In the 1920's, Federal spend- at the earliest opportunity. on to college, Turnbull said, not everyone ing as a percentage of GNP was 3 percent; in 1940 it was 10 percent; and in 1992 it was f reaches graduation day. He loses some stu- dents to the lure of the streets. 22.4 percent. Eliminating the deficit is one of BOYS CHOIR OF HARLEM: DOING ‘‘It’s hard,’’ the director said. ‘‘Some you the most urgent priorities facing the country. IT RIGHT FOR 25 YEARS can’t reach.’’ We can't begin to tackle our near $5 trillion But for many, like 12-year-old Nilelijah national debt until the Federal budget runs a HON. CHARLES B. RANGEL Scott, the Boys Choir of Harlem is a sanc- surplus. And unless we begin to repay our tuary, a place to get into music and off the OF NEW YORK debt soon, this country will be headed for a streets. deep and prolonged economic crisis. IN THE HOUSE OF REPRESENTATIVES ‘‘Instead of hanging out with friends and When it comes to balancing the budget, the Monday, January 30, 1995 getting into trouble, I just come here after deficit is a convenient target for election year Mr. RANGEL. Mr. Speaker, I would like to school and go to rehearsal,’’ said Scott, a attacks. But when it comes to getting re- two-year veteran soprano and an aspiring ac- bring to your attention and to the attention of elected, deficit spending is the key. Why? countant. ‘‘When you graduate from here, my colleagues here in the House, a group of you gain a sense of self-esteem.’’ First, intense pressure for spending tends to young men who have been doing it right for Osman Armstrong, 14, sings first alto. A override a generalized preference for fiscal re- the past 25 years. choir member since age 9, his favorite song straint and balanced budgets. In the short run, An outstanding article which appeared in the in the program is Haydn’s ‘‘Te Deum.’’ deficit spending is the most painless political Daily News, December 11, 1994, speaks of ‘‘My mother loves it that I’m here because option and the path of least resistance. In the choir's humble beginnings to the cele- I get to travel,’’ said Armstrong. ‘‘And I’m other words, wasteful spending has a curious brated musical success they take pride in getting away from the city.’’ appeal to deficit-hostile constituents when it is today. Some graduates, like William Byrd, re- in their own district. Second, intense pressure Please enjoy. turn. for spending tends to override the general, dif- QUITE A CHOIR A Boys Choir assistant conductor and fused targets of most tax increases. Tax in- (By Sharline Chiang) music theory teacher, Byrd, 26, graduated in creases are purposely spread out enough so 1986. After earning his computer science de- ‘‘Guys, it’s pianissimo,’’ the burly choir di- they don't spark a Boston tea party. For Con- gree from Hunter College next spring, Byrd rector bellowed. Then, clapping twice, he or- gress, it's easy to tax and easier to spend, hopes to attend Westminster Choir College dered: ‘‘Don’t half do it. It must be right!’’ making it almost impossible to balance the in Princeton, N.J. Doing it right. That’s what the Boys Choir budget. ‘‘The school helped me home in on my am- of Harlem has been specializing in for the Mr. Chairman, a long-term, structural re- past 25 years. bitions and skills,’’ Byrd said, ‘‘to become my own person.’’ sponse is needed to reverse a long-term, It hasn’t always been easy. structural problem. The solution is a balanced ‘‘It’s been a long process of convincing peo- Looking ahead, Turnbull dreams of helping ple—classical purists—that we were real,’’ others set up similar choir schools in major budget amendment to the Constitution. I don't said Walter Turnbull, choir founder and di- U.S. cities. Music teachers from Houston and take this step lightly, but it's one that Thomas rector. Detroit have expressed interest. Jefferson endorsed. An amendment reestab- Evidence of real musicianship and diver- But for now, creating an endowment lishes a level playing field, forcing Congress to sity can be found on the choir’s first solo through fund-raising and corporate projects place higher priority on balancing the budget album, ‘‘The Sound of Hope,’’ which cele- is the Boys Choir’s main goal, Turnbull said. rather than spending and taxing. It restores brates the group’s silver anniversary. He said an endowment will allow the Boys the Constitution's goal of limited government. The album, released in October by Choir of Harlem to celebrate the tradition of Some critics of this legislation contend that EastWest Records America, offers everything ‘‘doing it right’’ for another 25 years. from pop and R&B to jazz and gospel. it will unfairly impact Social Security. Nothing ‘‘It’s not just about the choir, it’s about could be further from the truth. These critics In 25 years, the choir has been turned from discipline,’’ he said. ‘‘It’s about feeling good say that Social Security is not part of the defi- a group of rambunctious boys in the base- about yourself—that’s hope.’’ ment of Ephesus Church in Central Harlem cit problem. I agree completely. Social Secu- to a major international attraction. rity is soundly financed and runs a surplus January 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 215 every year. However, a constitutional amend- Unfortunately, the Defense Base Closure vidual retirement accounts [IRA's] is effectively ment to require a balanced budget does not and Realignment Act does not permit the precluded from being used for such downpay- change Social Security in any way. Commission to take into account the ment purposes, either directly by a homebuyer Current laws on the books that protect So- nonappropriated fund revenue needs which or through a parental loan. I believe we must cial Security would not be changed by the are supported by the golf course revenues. change our IRA tax laws to dynamically open amendment. For example, Social Security is Accordingly, this legislation would address that up these funds to promote home ownership. exempt from across-the-board budget cuts. need by allowing funds received by the Army The First-time Homebuyer Affordability Act The trust fund is already excluded from deficit for the sale of the golf courses to be deposited accomplishes this objective. It is substantially calculations. The amendment does not change into the Army morale, welfare, and recreation identical to legislation I introduced in both the those laws in any way. account. 102d and 103d Congress. Last year's bill, Taking Social Security and other worthy The sale of the two Fort Ord golf courses to H.R. 1149, was a bipartisan effort, with 28 co- problems off-budget under the amendment the city of Seaside is in accord with the Fort sponsors, about equally split between Repub- would open up a loophole to evade the intent Ord preferred reuse alternative prepared by licans and Democrats. H.R. 1149 was formally of the proposal. It would set a precedent for the federally recognized local redevelopment endorsed last year by both the National Asso- other Government programs to simply by shift- authority, the Fort Ord Reuse Authority ciation of Home Builders and the Mortgage ing enough Government programs into off- [FORA]. As such, the Seaside purchase of the Bankers Association of America. budget accounts. This would only make mat- two Fort Ord golf courses will implement the First, let me explain the need for this legisla- ters worse. I'm sure you wouldn't do this with community redevelopment plan as endorsed tion. Current IRA statutes prohibit an IRA ac- your own check book. That's why I don't want by S.B. 899, the State of California legislation to make an exception for the Government. creating the Fort Ord Reuse Authority. count holder from engaging in a number of In fact, a constitutional amendment to the The legislation conveys approximately 477 prohibited transactions, including loans to fam- Constitution requiring a balanced budget is acres, which consists of the two Fort Ord golf ily members and use of one's own IRA funds critical to the long-term health of Social Secu- courses, Black Horse and Bayonet, and the for personal use. If anyone uses IRA funds for rity, forcing Congress to bring the deficit to surplus Hayes housing facilities which have a prohibited transaction, the penalties are se- zero so future politicians will not be tempted to been excessed and appropriately screened vere. The money that is used is subjected to cover our Nation's huge debt with the Social according to the Pryor process. The city of full Federal and State income taxes. In addi- Security surplus set aside for the baby-boomer Seaside will be required to pay fair market tion, a 10-percent premature withdrawal or dis- generation. value for the property. The legislation directs tribution penalty is assessed on the amount Mr. Chairman, since I took office, I have had the proceeds from the sale of the golf courses withdrawn. Combined, an IRA account holder the courage to consistently vote against to be deposited in the Department of the Army may be forced to pay over 50 percent of the wasteful spending over 300 times to cut $175 morale, welfare and recreation fund, and the amount withdrawn in taxes and penalties. The billion. Unfortunately, most of Congress did proceeds from the sale of the housing into the result is that under current law, individuals are not agree. If we do not respond to our long- DOD BRAC account. effectively precluded from using IRA funds to term problem with a long-term solution, large In the 103d Congress I authored legislation make a downpayment to buy a home. Federal deficits and low private saving will to convey certain surplus real property at Fort My legislation overcomes this barrier by pro- lead to increasingly costly and precarious de- Ord to the California State University, and the viding a targeted exemption from prohibited pendence on foreign capital, and less invest- University of California, the centerpieces of the transaction rules to allow individuals to access ment to modernize and expand the economy. community revitalization strategy. The legisla- All this will result in smaller gains in productiv- IRA accounts to make a downpayment on a tion I am introducing today is another step in first-time home purchase. By structuring the ity and a lower standard of living for our chil- the community development reuse plan which dren and grandchildren. Mr. Chairman, Con- use of funds as an economic transaction en- is now falling into place. A single local govern- gress must vote for the balanced budget tered into by a self-directed IRA account, the ing entity has been formed, the 21st campus amendment to save future generations from tax and premature withdrawal penalties are of the California State University is about to this unconscionable economic burden. avoidedÐresulting in a substantial savings to open, the BLM land at Fort Ord is being f the homebuyer. By eliminating barriers to the cleaned up by AmeriCorps participants, and use of IRA funds, this change would have a INTRODUCTION OF LEGISLATION the University of California's Science, Tech- significant impact in increasing homeowner- TO CONVEY SURPLUS REAL nology, Education, Policy Center is attracting ship. Finally, this approach is prosavings. By PROPERTY BY SALE AT THE investors. structuring use of IRA funds as an economic FORT ORD MILITARY COMPLEX My legislation will move the process forward transaction within an IRA, the moneys used to again by assisting the Army in divesting itself buy a home are eventually restored to the of the golf courses vis-a-vis the 1993 BRAC HON. SAM FARR IRA, available for continued tax-deferred rein- recommendation, at the same time it helps OF CALIFORNIA vestment. foster economic development in the city of Specifically, my bill: One, permits individuals IN THE HOUSE OF REPRESENTATIVES Seaside, which has been adversely impacted to borrow money from their own IRA account Monday, January 30, 1995 by the closure of Fort Ord. to make all or part of a downpayment for a Mr. FARR. Mr. Speaker, today I am intro- f first-time home purchase of a primary resi- ducing important legislation to convey surplus dence. This is similar to loans permitted from real property at the former Fort Ord Army res- FIRST-TIME HOMEBUYER one's 401(k) account; two, permits parents to ervation, by sale to the city of Seaside, CA. AFFORDABILITY ACT lend money within their IRA account to their This legislation would, among other things, children for use as a downpayment on a first- help implement the 1993 recommendation of HON. BILL ORTON time home purchase of a primary residence, the Defense Base Closure and Realignment OF UTAH and three, permits the transactions permitted Commission. In the Commission's 1993 report IN THE HOUSE OF REPRESENTATIVES to the President, the Commission made spe- in one and two above to be structured as an Monday, January 30, 1995 cific recommendations for parcels of property equity investment; that is, a home equity par- to be disposed of by the Department of the Mr. ORTON. Mr. Speaker, today I am re- ticipation agreement. Army, while recognizing the unique needs for introducing my First-time Homebuyer Afford- IRA account holders are currently permitted supporting the military personnel remaining on ability Act of 1995. I would like to take this op- to invest in a Ginnie Mae mutual fund, which the Monterey Peninsula. Specifically, the Com- portunity to explain the need for this legislation consists of thousands and thousands of single mission directed the Department to dispose of and to summarize its provisions. family mortgagesÐon other people's homes. all property, including the golf courses, not re- Study after study has demonstrated that the However, IRA funds may not be used to pay quired to support the Presidio of Monterey and most significant barrier to home ownership in for or finance your own home, nor for the the Naval Postgraduate School. Accordingly, this country is the high level of downpayment home of a family member. In other words, in 1993, the Acting Secretary of the Army de- generally required to secure approval of a your IRA account can be used for the pur- cided to sell the two Fort Ord golf courses to mortgage loan. Yet, because of our current tax chase of any home in the country except your the city of Seaside, CA. laws, the $850 billion currently invested in indi- own home or the home of a family member. E 216 CONGRESSIONAL RECORD — Extensions of Remarks January 30, 1995 This policy is unfair, anti-home-ownership, and Finally, I would like to compare this ap- PROPOSING A BALANCED BUDGET antifamily. proach to the so-called penalty waiver ap- AMENDMENT TO THE CONSTITU- Moreover, consider the purpose of IRA's. proach. This approach was included in H.R. TION IRA's are intended to promote long-term pro- 4210, a major tax bill approved in the 102d ductive investments to provide a nest egg for Congress, but vetoed by the President. The retirees. Historical studies have shown that penalty waiver provision was also included in SPEECH OF one's home is generally the largest and most the super-IRA bills introduced last year by important asset people have. It is probably Senator ROTH in the Senate and Representa- HON. JACK QUINN also the best investment they will ever make. tives THOMAS and Pickle in the House. Many OF NEW YORK Shouldn't IRA funds be available for this im- Members of both the House and Senate Have portant purpose? introduced legislation incorporating this con- IN THE HOUSE OF REPRESENTATIVES Consider, finally, that we do permit individ- cept. Thursday, January 26, 1995 uals to borrow from their 401(k) retirement ac- Quite simply, the penalty waiver approach counts to purchase a home. A 401(k) plan is provides for a waiver of the 10-percent penalty The House in Committee of the Whole nothing more than a self-directed retirement on premature IRA withdrawals for certain iden- House on the State of the Union had under planÐin much the same way an IRA account tified purposes. Typically, qualified purposes in consideration the bill (H.J. Res. 1) proposing is. If we allow people to borrow money from a legislative proposals include first-time home a balanced budget amendment to the Con- 401(k) plan for this purpose, shouldn't we also purchase, higher education expenses, and stitution of the United States: allow borrowing from an IRA account? emergency medical bills. Mr. QUINN. Mr. Chairman, I rise today in I believe we should. My legislation allows Clearly, adoption of this type of proposal strong agreement with my colleague from New this to be done in a flexible, but responsible would make it easier to access IRA's for these York, Congressman JERRY SOLOMON, who manner. My bill allows 100 percent of the purposes. However, penalty waiver advocates yesterday called the balanced budget amend- funds in one's IRA account to be used for a generally fail to emphasize that the IRA ac- ment, ``the most important matter the House first-time home purchase, structured either as count holder would still owe Federal and State will address during the 104th Congress.'' a loan or an equity sharing investment. income taxes. At best, a penalty waiver would The important thing to remember today is Under my bill, IRA advances structured as a marginally reduce the huge disincentive that I am here at the request of my constitu- loan may be flexible. Any loan from an IRA against using IRA funds to buy a home. ents who overwhelmingly support this historic can be for a term of up to 15 years. The loan Let me illustrate this point. Take a hypo- legislation. may be interest onlyÐno principal amortiza- thetical case in which a young couple plans on As an advocate of fiscal responsibility, I tion. And, interest on the loan may be deferred buying a house, requiring a downpayment of have been fighting for a balanced budget until repayment of the loan. These two options $10,000. Let's assume the couple's sole amendment since I ran for Congress more increase flexibility with respect to cash flow. source of long-term savings is the $10,000 than 2 years ago. Finally, the loan may be unsecured or may be they have in their IRA account. Let's also as- Implicit in this legislation is a measure to re- securedÐtypically by a second lien on the sume that this couple is in a marginal 28 per- quire that a balanced budget is achieved with- home. This increases flexibility with respect to cent Federal tax bracket, and a 6-percent mar- out touching the Social Security trust fund. We second mortgage limitations typically imposed ginal State tax bracket. Even under a penalty by secondary market mortgage lenders like waiver approach, this couple would still forfeit must leave Social Security alone. Fannie Mae and Freddie Mac. almost one-third of the amount in their IRA ac- Time and time again, Congress has failed to IRA advances structured as an equity shar- count to State and Federal taxes. Moreover, summon up the courage to attack spending. ing agreement are intended to mirror current they would have less than $7,000 left to in- This constitutional amendment makes courage free market practices, in which homebuyers vest, not enough to make the required down- the law and forces us to get our financial give up part of the appreciation of value of payment. In contrast, under my legislation, the house in order. their home in return for vital down payment couple could lend themselves all of the In addition to the balanced budget amend- assistance. To preserve the concept of having $10,000, with no tax or penalty consequences. ment, we also need the line-item veto and leg- the IRA engage in economic transactions, my This difference is especially important when islation prohibiting unfunded mandates. By en- bill requires that equity sharing arrangements considering parental loans. It is true that cer- acting all of these proposals, we can help re- be structured under terms similar to those tain penalty waiver proposals permit parental duce the deficit and make a start on balancing made in arms-length transactions. withdrawals to assist their children with a the budget. While flexible, the bill is also structured in a downpayment. But I think it would be a very I supported the Barton substitute with the careful, targeted manner. The public policy rare case in which a parent would be willing three-fifths tax limitation provision because I purpose of the bill is to promote entry into the to take $10,000 from their IRA account, suffer- think it is the best approach to make it as dif- housing market. Therefore, the home buyer ing an unnecessary tax of from $3,000 to ficult as possible to raise taxes to balance the must be a first-time home buyer. In addition, $4,000, to assist their children with a down- budget. Raising taxes simply lifts the burden the home purchase must be a principal resi- payment. off of Congress and places it on the backs of dence. Finally, the loan or equity investment Thus, a penalty waiver sounds like a good hard-working, American taxpayers. must be repaid upon the sale of the home. public policy change. However, in practice, it As the Hamburg town supervisor, I was re- My bill also contains provisions to prevent would have only a marginal impactÐreducing quired by law and by my constituents to bal- self-dealing or tax-gaming. For example, the one's tax penalty by only around 20 percent of ance the town budget each and every year. interest rate on the loan must be no less than the amount otherwise owed. This incentive will 200 basis points below and not more than 200 induce relatively few people to actually take The American people are calling on us to bal- basis points above comparable Treasury money out of their account to buy a house, ance the Federal budget, and we can respond rates. In this way, the IRA earns at least a fair compared to current law. As a result, it will with this law requiring us to do just that. rate of return, but individuals cannot funnel ex- produce a very small increase in the level of Local governments are forced to balance cessive tax-deferred funds into an account. homeownership in this country. their budget. State governments are forced to Perhaps most importantly, my bill provides We need to do more to access IRA funds balance their budget. Yet the Federal Govern- that forgiveness or default on loan or equity for home ownership. Adoption of the First-time ment has failed to balance the budget since repayment subjects an IRA to premature dis- Homebuyer Affordability Act would make it the Johnson administration. tribution treatmentÐmaking the funds subject much easier for many Americans struggling to We must always keep in mind that we are to tax and withdrawal penalty. This effectively meet downpayment requirements and enter the representatives of the people. As such, we prevents individuals or parents from converting the housing market. I would welcome cospon- must listen to the voices of Americans. Their IRA funds tax-free to personal use through a sors for this bill, and urge its consideration in voices are loud and clear. Pass the balanced fabricated default. the House. budget amendment. January 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 217 TRIBUTE TO MARC HAKEN ‘‘I wasn’t even concerned with subject mat- tending seminary, he served for several years ter at the time, I only wanted to improve my as associate dean of students at Middlebury reading skills,’’ Mr. Haken related. ‘‘I’d sim- College where he received his undergraduate HON. NITA M. LOWEY ply pick a shelf in the library and return degree. OF NEW YORK every day until I’d read every book on that Reverend McKinney's commitment goes be- IN THE HOUSE OF REPRESENTATIVES shelf. Somewhere in the process, I began ap- preciating all the wonders of reading. I real- yond Waycross, GA. He is an active partici- Monday, January 30, 1995 ized my mind was opening and new worlds pant across the entire State, and serves on a Mrs. LOWEY. Mr. Speaker, I rise today to were presenting themselves.’’ variety of boards and organizations that are pay tribute to a man whose contributions to Mr. Haken believes that the voracious ap- aimed at improving the lives of children and his community speak volumes for the ability of petite he developed for reading led directly families. Currently, he serves as vice president to his desire to teach, and his commitment one human being to have a positive impact on of the General Missionary Baptist Convention, to community service. He considers himself Inc., the State's largest organization of Afri- the lives of others. In a time when individuals fortunate to have built a rich and satisfying seem to be focusing increasingly on their own life, and feels that he can best express his can-Americans who are active in ministerial welfare, Marc Haken, who already has made gratitude by providing opportunities for oth- training, community service, christian edu- significant contributions to the Queens com- ers, particularly young people. cation, and home and foreign missions. He munity as a teacher and community activist, The Buy-a-Book program, he said, offers a also serves on the boards of the Maternal and has discovered yet another way to have a pro- simple but ideal way for him to have a mean- Child Health Institute, Ware County Health Co- found impact on his fellow New Yorkers. ingful impact in the community. ‘‘I’m not a alition, and the Southern Governor's Ecumeni- For the last 3 years, Marc has made at least wealthy guy financially. I don’t have the cal Council on Infant Mortality. He has served means to donate thousands of dollars. The on the Governor's Special Council on Family 1 monthly donation to the Queens Library beauty of this program is that for $25, I can Foundation's Buy-a-Book program to help ex- give a gift that will last for years and enrich Planning, the Governor's Commission on Chil- pand the library's collection. You see, Marc the minds of dozens, maybe hundreds of peo- dren and Youth, the Grady Hospital Board of learned at a young age that the ability and de- ple. Surely I can find $25 for that.’’ Visitors, and the Georgia Welfare Reform sire to read opens the door to a world of ideas Mr. Haken also enjoys the fact that Buy-a- Taskforce. and opportunities. The 37 books that Marc has Book contributors are invited to dedicate Reverend McKinney frequently lectures on donated to this point, each dedicated to a de- each donated book, with an inscription in- Christian education and holds workshops on serving individual, will enrich the lives of side the bookcover, to a person of their church organization and leadership. He is a choice. ‘‘I’ve found that people are abso- great leader, husband, and father, and I am Queens residents for years to come, leaving lutely thrilled to be recognized in this way. behind a legacy of commitment to community They consider it a wonderful gesture,’’ he proud to have such a devoted individual living in which we can all share. I hope it serves as said. ‘‘One young man to whom I dedicated a in the First Congressional District of Georgia. an example to others. book continually visits the Library just to f Mr. Speaker, I'm inserting into the RECORD see the book and ensure that it’s in good a January 8, 1995, article published in the condition.’’ FEDERAL POLICIES ON CITIES Queens Library newsletter which elaborates For the first 20 or so books, deciding who AND STATES WITH RESPECT TO on the meaningful contributions made by this to honor was simple: his sister Clair, col- THE PROBLEM OF POVERTY leagues, neighbors, and the memory of his fine citizen: parents and other relatives who have passed COMMUNITY LEADER CHAMPIONS BUY-A-BOOK away. Having donated 37 books at this point, HON. SHEILA JACKSON-LEE CAMPAIGN he has been forced to become more inventive OF TEXAS Contributing to the Queens Library Foun- in conceiving dedications. ‘‘For my last dation’s Buy-a-Book program has become book,’’ he laughed, ‘‘I simply drew a blank, IN THE HOUSE OF REPRESENTATIVES something of an obsession for Marc Haken. so I figured why not pay tribute to myself.’’ Monday, January 30, 1995 Since first learning about the opportunity to That, certainly, was an indulgence he rich- put new books into the Library’s collection ly deserved. Ms. JACKSON-LEE. Mr. Speaker, fixing a through Buy-a-Book, Mr. Haken, a teacher, To become a Buy-a-Book donor, send a broken welfare system is one of the most sig- community activist and lifelong Queens resi- check payable to Queens Library Foundation nificant challenges this Congress will face. As dent, has been the program’s most enthusias- to: Queens Library Foundation, 89–11 a newly-elected Member of Congress, I come Merrick Boulevard, Jamaica, NY, 11432. Do- tic supporter. Each month for the past two to Washington with a background in city gov- years, he has faithfully contributed at least nors may indicate the name of the person to one $25 donation to purchase a book. In all, whom they wish to dedicate the book and ernment. As a former councilmember and his donations have enabled the Library to the branch library or Central Library divi- former vice-chair of the National League of acquire 37 new books—books that Queens Li- sion where they would like the book to be Cities Task Force on Federal Policy and Fam- brary would otherwise have been unable to shelved. For more information, call the ily Policy. I am intimately familiar with effects offer. Queens Library Foundation at (718) 990–0849. that Federal policies have on cities and States While some might consider his generosity f as they grapple with the problem of poverty. unusual or excessive, Mr. Haken knows well I am deeply concerned that sweeping budg- the great value of books and libraries, and IN HONOR OF REV. ARNOLD et and block grant proposals before the new believes that contributing to Buy-a-Book is MCKINNEY the last he can do to repay the Library which Congress will have devastating long-term con- helped make him a success. As a junior high sequences for children and families as well as school teacher, vice chair of Community HON. JACK KINGSTON for the Nation's cities. Mr. Speaker, as you Board 8, president of a housing association, OF GEORGIA well know, welfare reform is fundamentally a political lobbyist and member of countless IN THE HOUSE OF REPRESENTATIVES children's issue as two-thirds of recipients are community organizations, Mr. Haken leads a childrenÐ70 percent in Texas. In my district full and contented life. However, he realizes Monday, January 30, 1995 alone, 51,957 children are living in poverty that if Queens Library’s limitless resources Mr. KINGSTON. Mr. Speaker, I would like to with 35 percent of these children being under had not been available to him as a child, his life may have taken a much different course. take this opportunity to honor Rev. Arnold 18 years of age. In fact, of all 435 congres- ‘‘It’s frightening to think back on it today, McKinney. Reverend McKinney is the pastor sional districts, mine ranks 30th for the num- but I almost slipped through elementary of Macedonia Baptist Church in Waycross, ber of poor children. school without learning to read,’’ Mr. Haken GA. He has made many contributions not only Proposals which would convert welfare said. ‘‘Thankfully, my sixth grade teacher in his capacity as a Baptist minister, but also [AFDC], food stamps, SSI disability, or other recognized the problem and insisted that I as a concerned citizen. Reverend McKinney is survival programs for children and families into begin learning to read and taking my edu- a teacher, husband, and father, and his ac- block grants to States would strip these pro- cation seriously.’’ That was just the push complishments are being honored this Friday grams of their entitlement status and thereby Mr. Haken needed. Each day following school, he walked directly to Queens Li- by the members of his church and community. strip State and local governments of their abil- brary’s Central Library, then located on Par- Reverend McKinney received the Benjamin ity to respond to increasing needs. In entitle- sons Boulevard, and spent all afternoon de- E. Mays Fellowship to attend theological train- ment programs, more Federal money flows vouring books, determine to compensate for ing at the Morehouse School of Religion/Inter- into cities through AFDC, food stamps, and lost time. denominational Theological Center. Before at- SSI disability programs. This automatic influx E 218 CONGRESSIONAL RECORD — Extensions of Remarks January 30, 1995 of Federal funds designed to meet the in- tive welfare reform must address these signifi- Force Base, SC, was declared operational a creased need to meet the needs of our com- cant impediments to employment. week ago. This is the first major step in over- munities would cease under the block grant. In addition, for welfare reform to succeed, hauling America's ability to carry out the Air Cities and States would be left holding the bag families must be guaranteed comprehensive Force's Global Reach missions. in the almost inevitable event that recession health insurance that they cannot lose. Lack of This event is all the more significant to me, hits again and caseloads rise. decent health insurance in low-wage employ- since this great milestone is really a tribute to The Department of Health and Human Serv- ment is a major barrier for recipients who are the over 10,000 employees at McDonnell ices has found that if these proposals were trying to leave welfare for work, but are legiti- Douglas in Long Beach, most of whom I rep- implemented, today, some 5 million children mately concerned about their own health, and resent in these Chambers and whose magnifi- would be denied benefits. Interestingly that of their children. cent efforts have been essential to making the enough, while the Personal Responsibility Act Mr. Speaker, I urge you to consider what C±17 the best, most capable airlifter ever built. suggests orphanages and foster homes as the will happen to children and families if cities Critically needed outsized equipment for hu- solution to families that cannot care for their and States exhaust their Federal funding manitarian aid, such as water purification sys- children, it falls far short when it comes to under these circumstances. Children facing tems, can now be airlifted to previously inac- funding these facilities. Under the Personal imminent danger of abuse or neglect could be cessible runways in remote areas of the world. Responsibility Act, of the 541,000 children placed on waiting list instead of being re- America's ability to airlift heavy, outsized com- who are currently receiving AFDC benefits in moved immediately from their homes. Needy bat equipment and firepower into short, aus- Texas, 288,000 would be denied benefits and mothers and children might be turned away tere airfields to support U.S. and allied ground only 310 federal orphanage slots would be from a county or city welfare office simply be- forces during a security crisis is now a reality. funded. cause AFDC funds for that month or year al- It is essential that equipment be delivered di- Furthermore, the USDA has recently cal- ready had been spent. Or in the best-care rectly to the troops in the field, and because scenario for children and families, cities and culated that the Personal Responsibility Act of the C±17's unique on-load/off-load capabil- States would be forced to pay 100 percent of would decrease funding for USDA food assist- ity, it now can be. the costs of continuing aid to eligible families ance programs in Texas by over $1 billion per The declaration of initial operational capabil- after Federal funds run out. And of course the year. That is a cut of almost one-third from ity means that the C±17 has passed all flight States would have to deal with the human suf- current levels of funding. tests and is ready for any type of military or fering, social problems, and costs of emer- humanitarian mission. The 12 aircraft will be Despite some claims to the contrary, the gency services that will result from greater facts show that the vast majority of AFDC shared by the 17th Airlift Squadron, assigned destitution among children and families. to the 437th Airlift Wing, and the Air Force Re- families are clearly not having additional chil- All of you know that eliminating the entitle- dren to increase their benefits. In Texas, near- serve's 317th Airlift Squadron, assigned to the ment status of these key child survival pro- 315th Airlift Wing, both at Charleston. ly 72 percent of AFDC families have only one grams will not cause the needs of poor chil- or two children. The national average is even All of you who joined last year in supporting dren to disappear. The consequences of the amendment I introduced along with my higherÐ73 percent. Others claim that most pending block grant proposals are all the more poor people are not, and choose not to be, colleague and neighbor, Representative JANE troubling because they are likely to be accom- HARMANÐto provide full funding for the Presi- employed. The facts, again, prove otherwise. panied by new responsibilities placed on The vast majority of poor AmericansÐfour out dent's request for the C±17Ðcan take pride in States and countries that will deny basic cash your vote and in your role toward providing of fiveÐare children, elderly, ill or disabled, or assistance to as many as 5 to 6 million needy already working full- or part-time at below-pov- this essential airlift capability. The C±17 is the children, including up to two-thirds of all chil- most flexible, most capable airlifter ever pro- erty wages. And for those who are not em- dren now receiving AFDC. Children born to ployed, they are not alone. More than 7 million duced. Its entry into fully operational status is unmarried teenage mothers, those for whom an important landmark which will benefit our Americans from all walks of life were out of paternity has not been established, and those work and actively looking for jobs by the end troops in the field and those in need through- whose parents have received AFDC for more out the world for years to come. of 1994. Another 4.8 million either were work- than 5 years could lose all benefits under this ing part-time because they could not find full- At this point in the record, I would like to in- welfare reform proposal. clude an article, ``C±17s Ready to Tackle the time jobs, or had grown too discouraged to This is not genuine welfare reform, but rath- continue searching. The truth of the matter is, World,'' from the January 18 Long Beach er welfare punishment. What many congres- Press-Telegram and news releases by the De- adults, and particularly family heads, want to sional leaders are calling welfare reform, many work. However, as in the children's game of partment of Defense and Air Mobility Com- children will call empty stomachs * * * and mand about this historic declaration. musical chairs, there simply are not enough Texas will call a fiscal disaster. Genuine re- seats for everyone. form would be lifting poor children and families [From the Long Beach (CA) Press-Telegram, Jan. 18, 1995] An effective welfare reform effort must in- out of poverty and by creating real jobs, pro- clude major new investments in real job cre- viding quality child care, good health care, ex- C–17S READY TO TACKLE THE WORLD ation. The bottom line is that work should pay panding education and training, and strength- (By Lindsay Chaney) and working more should pay more. Full-time ening child support enforcementÐtaking the work should provide enough earnings com- LONG BEACH.—The U.S. Air Force on Tues- tough and sometimes costly, but nonetheless day declared its squadron of a dozen C–17 bined with earnings supplements such as an necessary, steps to make the system work in transports ready for worldwide service. expanded Earned Income Tax Credit [EITC] to the long-term for poor families and for all The declaration of ‘‘Initial Operation Ca- help get families out of poverty. Individuals Americans. pability’’ means that the C–17 has passed all who can work should have access to full-time flight tests and is ready for any type of mili- f work and community service jobs should be tary or humanitarian mission. offered as a last report to those who, after an C–17’S READY TO TACKLE THE Also Tuesday, McDonnell Douglas deliv- aggressive job search, still cannot find work in WORLD ered a 13th plane to the Air Force. the regular economy. The C–17 will be operated by the 17th Squadron of the 437th Airlift Wing, based at Sufficient funds must also be invested in HON. STEPHEN HORN Charleston Air Force Base in South Caro- child care, if we are truly committed to finding OF CALIFORNIA lina. gainful employment for the poor. A survey of IN THE HOUSE OF REPRESENTATIVES Built by McDonnell Douglas in Long Illinois AFDC recipients found that child care Beach, the C–17 is designed as a three-in-one problems kept 42 percent of those surveyed Monday, January 30, 1995 airplane to replace the aging C–141 Starlifter from working full-timeÐand 39 percent re- Mr. HORN. Mr. Speaker, I am very proud to fleet as the military’s core transport plane. ported that child care problems kept them announce to my colleagues that the United The C–17 can carry twice the payload of a C– from going to school. These results should not States has a military force projection capability 141, but more importantly can carry outsized equipment such as tanks, helicopters and be surprising. Census Bureau data tells us today that is unprecedented in the history of missile batteries, such as the C–5 Galaxy. that non-poor families spend an average of 6 airlift. Like the much smaller C–130 Hercules, it can percent of their income on child care, while The reason for this unparalleled capability is also take off and land at small airstrips. low-income parents are forced to pay roughly simple. The U.S. Air Force's first C±17 Its contract with the Air Force required a quarter of their income for child care. Effec- Globemaster III squadron at Charleston Air McDonnell Douglas to have 12 operational C– January 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 219 17s delivered to the Charleston wing by mid- buy beyond 40 aircraft is scheduled for No- Specifically, my bill will limit the application night New Year’s Eve. The 12th plane was de- vember 1995. of FACA with regard to meetings held Federal livered to the Air Force on Dec. 22, but be- [Air Mobility Command Media Release] officials and representatives of State, county, cause an earlier plane was being modified, FIRST C–17 SQUADRON DECLARED OPERATIONAL this made only 11 operational planes on the local governments, and Indian tribes. This will flight line at Charleston. SCOTT AIR FORCE BASE, IL.—The com- enable Federal representatives to proceed Modification crews began working around mander of Air Mobility Command declared with legitimate contact with local governmental the clock after Christmas to meet the deliv- the Initial Operational Capability of the Air officials and tribes for purposes of implement- ery deadline and finished on the afternoon of Force’s first C–17 squadron today. Gen. Rob- ing cooperative programs such as the Presi- Dec. 31. The Air Force accepted delivery of ert L. Rutherford’s decision is a significant milestone for America’s newest airlifter. It dent's forest plan. the modified plane at 6:25 p.m. In the Pacific Northwest, we have been Because of past problems with cost over- means the 17th Airlift Squadron, assigned to moving forward diligently in an effort to imple- runs and production delays, the C–17 pro- the 437th Airlift Wing at Charleston AFB, gram is on probation with the Department of S.C., and the Air Force Reserve’s 317th Air- ment the President's forest plan, particularly Defense. The government has committed to lift Squadron, assigned to the 315th Airlift with regard to economic assistance to dis- buying 40 planes, and will make a decision in Wing (Associate), will officially begin flying located workers, businesses, and timber-de- November whether to order up to an addi- operational AMC ‘‘Global Reach’’ missions. pendent communities. The Northwest was hit tional 80. An important consideration in The first C–17 arrived at Charleston in very hard by the listing of the northern spotted making the decision will be how well the C– June 1993. By December 1994 the unit was fully equipped with a fleet of 12 aircraft and owl as a threatened species. The owl's listing 17 performs this July during a 30-day test and subsequent injunctive relief ordered by called a ‘‘reliability, maintainability and 48 crews. Together, both active duty and as- availability’’ evaluation. sociate reserve aircrews have already dem- the courts reduced harvest levels in the region on Federal lands by over 80 percent. [Department of Defense News Release] onstrated the C–17’s ability to airlift person- nel and equipment with missions to South- The $1.2 billion promised through the forest FIRST C–17 SQUADRON DECLARED west Asia, Central America and the Carib- plan is a key means to mitigate for job losses, OPERATIONAL bean basin. mill closures, and associated impacts from re- The commander of the Air Force’s Air Mo- IOC declaration is a major step in mod- ductions in timber harvest. However, in order bility Command declared the Initial Oper- ernizing the nation’s strategic airlift fleet. to ensure that the forest plan's economic as- ational Capability (IOC) of the first C–17 The C–17 Globemaster III, designed to re- Globemaster III squadron today. Gen. Robert place the aging C–141 Starlifter floot as the sistance reaches those individuals and com- L. Rutherford’s decision is a significant nation’s core airlift aircraft, combines the munities it is intended to reach, there must be milestone for America’s newest airlifter. It best features of older airlifters within a sin- involvement by local and county officials in the means the 17th Airlift Squadron, assigned to gle airframe. The C–17 is about the size of planning process for these funds. the 437th Airlift Wing, and the Air Force Re- the C–141, but can carry twice the Currently, an unintended consequence of serve’s 317th Airlift Squadron, assigned to Starlifter’s payload. It can also carry outsize FACA is that it makes it difficult for Federal of- the 315th Airlift Wing, both at Charleston equipment strategic distances like the C–5 ficials to meet with local governmental officials Air Force Base, S.C., will officially begin fly- Galaxy, yet land on airstrips normally acces- and tribes to plan for the dissemination of eco- ing operational AMC ‘‘Global Reach’’ mis- sible only to the C–130 Hercules. sions. Built by McDonnell Douglas in Long nomic assistance. However, the FACA prob- The first C–17 arrived at Charleston AFB in Beach, Calif., the C–17 can carry 160,000 lem isn't simply limited to the use of the eco- June 1993. By December 1994, the 437th was pounds of cargo, unrefueled, 2,400 nautical nomic assistance, it also creates problems for fully equipped with a fleet of 12 aircraft and miles at a cruise speed of 450 knots. With a elements of the plan such as adaptive man- 48 crews. The 12 aircraft will be shared with maximum payload of 169,000 pounds, the air- agement areas, which hinge on local and the Air Force Reserve unit. Together, both craft is designed to carry every air trans- community input in order to be effective. active duty and reserve aircrews have al- portable piece of equipment in the U.S. Numerous States and counties in the West ready demonstrated the C–17’s ability to air- Army inventory, from Patriot air defense have expressed concern with the current lift personnel and equipment with missions missile batteries and Bradley fighting vehi- to Southwest Asia, Central America and the cles to MIAI Abrams main battle tanks. The FACA law, and its unintended prohibition of of- Caribbean basin. C–17 can be aerial refueled, land on airstrips ficial contact between Federal officials and le- IOC declaration is a major step in mod- as short as 3,000 fleet, backup, rapidly offload gitimate representatives of tribes and local ernizing the nation’s strategic airlift fleet. cargo, and is designed to airdrop equipment, governments. Concern never intended FACA The C–17, designed to replace the aging C–141 cargo or paratroopers. On Dec. 16, 1994, the to prohibit legitimate and appropriate contact Starlifter fleet as the nation’s core airlift aircraft completed developmental testing of in order to carry out Federal objectives that re- aircraft, combines the best features of older these capabilities. During those tests the C– quire interaction at the State and local levels. airlifters within a single airframe. The C–17 17 set 22 world performance records in three These changes will make FACA more rea- is about the size of the C–141, but can carry weight classes of the heavy aircraft cat- twice the Starlifter’s payload. It can also egory. sonable, tolerant, and palatable. The bill will carry outsized equipment strategic distances The Air Force has contracted to buy 40 C– help ensure the smooth implementation of the like the C–5 Galaxy, yet land on airstrips 17s from McDonnell Douglas. A Defense Ac- President's forest plan, but will also aide other normally accessible only to the C–130 Hercu- quisition Board decision on extending the States who have similarly expressed concerns les. buy beyond 40 is scheduled for November with the current FACA statute. Built by McDonnell Douglas at Long 1995. Based on demonstrated improvements I urge my colleagues support for this impor- Beach, Calif., the C–17 can carry 160,000 in aircraft and contractor performance, a fa- tant legislation. pounds of cargo, unrefueled, 2,400 nautical vorable decision is expected, thus fulfilling miles at a cruise speed of 450 knots. With a America’s requirement for strategic airlift. f maximum payload of 169,000 pounds, the air- f craft is designed to carry every air trans- NUCLEAR TERRORISM JURISDIC- portable piece of equipment in the U.S. STATEMENT IN SUPPORT OF LEG- TION EXTENSION AND CONTROL Army inventory, from Patriot air defense ISLATION TO AMEND THE FED- ACT, H.R. 730 missile batteries and Bradley fighting vehi- ERAL ADVISORY COMMITTEE cles to M1A1 Abrams main battle tanks. The C–17 can be aerial refueled, land on ACT HON. BENJAMIN A. GILMAN airstrips as short as 3,000 feet, back up, rap- idly offload cargo, and is designed to airdrop HON. NORMAN D. DICKS OF NEW YORK equipment, cargo or paratroopers. The air- OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES craft completed developmental testing of IN THE HOUSE OF REPRESENTATIVES these capabilities on Dec. 16, 1994. During Monday, January 30, 1995 these tests, the C–17 set 21 world perform- Monday, January 30, 1995 Mr. GILMAN. Mr. Speaker, today, I intro- ance records in three weight classes of the Mr. DICKS. Mr. Speaker, I am pleased to in- duce another in a series of legislative propos- heavy aircraft category and one additional world record in the short takeoff and landing troduce legislation today which will make small als intended to strengthen America's defenses category. changes in the current Federal Advisory Com- against the terrorist threat. I am particularly The Air Force has contracted to buy 40 C– mittee Act [FACA] statute, but will have signifi- pleased to introduce the Nuclear Terrorism Ju- 17s from McDonnell Douglas. A Defense Ac- cant and important consequences for those risdictional Extension and Control Act of 1995, quisition Board decision on extending the the bill is intended to provide relief. H.R. 730. E 220 CONGRESSIONAL RECORD — Extensions of Remarks January 30, 1995 This bill is an important step in our Nation's Federal criminal laws meet the new chal- ‘‘(2) one of the persons who committed, or continuing and aggressive battle against inter- lenges. is charged with committing, the offense is a national terrorism. It is especially important as The bill I am introducing today, starts the United States person, or the offense is com- mitted against a governmental entity or a process. It makes needed changes to help ad- relates to the latest and most alarming possi- United States person;’’. bility, the nuclear terrorist threat. dress this whole unanticipated new area of the (b) DEFINITION OF UNITED STATES PERSON.— Since the collapse of the former Soviet criminal law and activity involving the unau- Section 832(f) of title 18, United States Code, Union, we are all familiar with the many news thorized trade in dangerous nuclear materials is amended— reports of that region, and in Europe on the for criminal purposes, including possible terror- (1) by striking the period at the end of possible black market sale of cold war missile ism. paragraph (3) and inserting ‘‘; and’’; and nuclear material. The most recent account in- This criminal threat, including this new phe- (2) by adding at the end the following: ‘‘(4) the term ‘United States person’ volved the arrests of smugglers and the sei- nomena of black market dealings in dan- gerous nuclear materials, requires even great- means.— zure of almost three kilogramsÐ6.6 poundsÐ ‘‘(A) a national of the United States (as de- of highly enriched uranium in the Czech Re- er cooperation and international efforts by our fined in section 101 of the Immigration and public last December. This is a new challenge law enforcement agencies in this post-cold- Nationality Act); or that cannot be ignored by either our allies in war era. Law enforcement both here and ‘‘(B) a corporation organized under the the region, or ourselves. abroad, must be given the tools and authority laws of the United States, or of any State, The serious threat these new black market in this new area of the criminal law to do the district, commonwealth, territory or posses- job, and protect all our citizens, whether at sion of the United States.’’. nuclear material sales pose, especially when (c) CLARIFICATION OF COVERED TYPES OF made by common criminals, or organized home or while they are abroad from a new nu- clear threat. NUCLEAR MATERIAL.—Section 831(f)(2) of title crime figures from the former Soviet Union, 18, United States Code, is amended.— possibly even to terrorists, or other unsavory The bill I am introducing today provides the (1) by striking ‘‘or’’ at the end of subpara- Attorney General and the FBI the necessary individuals, is something to be taken seriously. graph (C); long arm jurisdiction to reach nuclear based We, here in the United States must act now, (2) by striking ‘‘and’’ at the end of subpara- crimes targeted against Americans anywhere graph (D); and in order to be prepared for this new and pos- in the world if the victim is the U.S. Govern- (3) by adding at the end the following: sibly deadly nuclear challenge, before it is too ment, an American citizen, or an American ‘‘(E) byproduct material, source material, late. We need to give our U.S. law enforce- company; or alternatively, if those committing or special nuclear material, as such terms ment agencies all the tools and authority they are defined in section 11 of the Atomic En- the offense are either U.S. citizens or U.S. ergy Act of 1954; and’’. will need to fight this emerging new nuclear companies, they are covered as well. The lo- material criminal threat. cation of the offense in such circumstances f The American law enforcement community anywhere in the world should not be a bar to INTRODUCTION OF TEAMWORK needs new tools and statutory authority, espe- U.S. jurisdiction over these crimes that may FOR EMPLOYEES AND MAN- cially following the collapse of the Soviet well threaten international stability and order AGERS ACT Union and the long-established strict state nu- today. The threat in such cases justifies this clear material controls, which once existed in extraordinary criminal remedy. the region. Controls and nuclear material sta- The bill also adds new forms of nuclear ma- HON. STEVE GUNDERSON bility, which today we can no longer take for terial to the coverage of our criminal laws as OF WISCONSIN granted or count on in many instances. The relates to prohibited transactions in explosives IN THE HOUSE OF REPRESENTATIVES chances for trafficking in these nuclear mate- and dangerous materials, particularly nuclear Monday, January 30, 1995 rials is much greater today in light of these de- byproduct material. It closes any possible velopments and the breakdown in traditional loopholes under which those black market Mr. GUNDERSON. Mr. Speaker, one of the controls and state security arrangements in criminals might claim protection under U.S. visible issues in the 104th Congress is how the region. law with regard to these dangerous nuclear we as a nation can develop and maintain a While there is no need to panic, we must be materials, for example byproduct materials, in- competitive, motivated, and involved prepared to act responsibly to insure that the cluding certain radioactive isotopes created in workforce. This is particularly important today United States can meet any nuclear material the operation of a nuclear reactor or accelera- because we now live and compete in the glob- criminal threat, especially from terrorists, if one tor, source, and/or other special nuclear mate- al market. As the global market has expanded, were to materialize. I note that the Secretary rials. successful American companies of all types of State Mr. Christopher himself in an inter- If these criminals may be dealing in, or con- have learned that cooperation between em- view with the Washington Times on January templating dealing in such dangerous nuclear ployees and managers is vital to staying com- 17, 1995, addressed some of the concerns related materials in this unstable and uncertain petitive both domestically and internationally. over the nuclear material problem in the time in the former Soviet Union, they will be Unfortunately, the employee involvement former Soviet Union, and the terrorist threat. covered by United States law under my new programs across the country are legally threat- While noting that the military facilities in the bill. Any possible loophole, will be closed. ened. Under the National Labor Relations Act, region maybe relatively safe from nuclear pro- Accordingly I urge my colleagues to support employee involvement programs have been liferation problems, unlike civilian laboratories, this urgently needed legislation. I invite my disbanded because of inconsistencies be- he went on to say ``That's a problem for the colleagues to join me in helping American law tween the purposes of the act when written, entire world. It's a problem that we focus on enforcement take on the newest dangers from and the realities of the modern workplace. in Russia because it has a great deal of this the nuclear terrorist threat, which we must Two recent decisions by the National Labor nuclear material.'' face in this new and sometimes more dan- Relations Board in particular, the Accordingly, we must review and revise our gerous, post-cold-war era. Electromation and DuPont decisions, own criminal laws directed at the threat from I ask that the full text of this bill be printed refocused attention on the act, calling into the newest nuclear proliferation, especially in at this point in the RECORD. question virtually every current employee in- volvement program in the Nation. this unstable black market criminal climate in H.R. 730 Eastern Europe today, where everything and WHAT ARE EMPLOYEE INVOLVEMENT PROGRAMS? Be it enacted by the Senate and House of Rep- anything, may be for sale. We must meet resentatives of the United States of America in Employee involvement [EI] programs have these new circumstances and challenges, Congress assembled, no set formula or structure, although they are many have not anticipated, nor even scarcely SECTION 1. SHORT TITLE. referred to by many different namesÐquality envisioned, just a few years ago. This Act may be cited as the ‘‘Nuclear Ter- circles, self-managed work teams, employee After review it is evident to me and others rorism Jurisdiction Extension and Control involvement committees, etc. Flexibility is es- that there are some loopholes in U.S. criminal Act of 1995’’. sential. It allows employers and employees to laws in this area that must be closed as soon SEC. 2. NUCLEAR TERRORISM JURISDICTION. construct a program which makes the most as possible. In order to be prepared for such (a) EXTRATERRITORIAL JURISDICTION.— sense in the context of their particular work- a new and more deadly threat, which no one Paragraph (2) of section 831(c) of title 18, place. could ever have imagined before the end of United States Code, is amended to read as Through involvement programs, employees the cold war, we must act now and have our follows: voice their opinions in the decisionmaking January 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 221 process and therefore have a greater stake in empower their employees. However, section professionalism, and selfless service to her the success or failure of the company. Like- 8(a)(2), the pertinent section of the Wagner students has not gone unnoticed. wise, managers receive vital information from Act, has never been amended, and it certainly Mr. Speaker, on behalf of my home State of the people who have the most knowledge did not contemplate managers and employees Colorado, I respectfully ask that my fellow col- about detailed workplace operationsÐthe em- cooperating for mutual gain. At the present leagues join me in saluting Molly Merry, Colo- ployees. These programs often drive decision- time, companies that have legitimate EI pro- rado's teacher of the year. making down the lowest level possible and grams are always subject to sanctions by the f open up the flow of information in the work- National Labor Relations Board. In the wake place, creating much more cooperative atmos- of the Electromation decision, it has become TRIBUTE TO THE HIGHBRIDGE- phere. painfully obvious that it is extremely difficult to WOODYCREST CENTER WHO USES EI apply a 1930's law to a 1990's workplace. Currently, well over 30,000 companies are THE TEAM ACT WOULD FIX THE PROBLEM HON. JOSE´ E. SERRANO using some form of employee involvement The bill which will be introduced in the OF NEW YORK structures, from large to small, unionized to House and Senate today, the Teamwork for IN THE HOUSE OF REPRESENTATIVES nonunionized firms. A 1994 survey performed Employees and Managers Act, would amend by four business groups found that 75 percent the National Labor Relations Act by adding a Monday, January 30, 1995 of employers responding had incorporated em- provision to section 8(a)(2) to allow legitimate Mr. SERRANO. Mr. Speaker, I rise to pay ployee involvement to some extent. Among employee involvement programs. As long as tribute to the Highbridge-Woodycrest Center, a employers of 5,000 or more, 96 percent of the programs were not created for the purpose community-based organization in the Bronx, surveyed companies used it. The survey also of collective bargaining or to establish a sham which, at a ceremony tomorrow in the Cannon found that the most growth in EI occurred in union, they would be presumed not to have Caucus Room, will receive a $50,000 Wom- small companies, defined as those with less violated the act. The bill leaves intact the pro- en's Health Initiative grant from the Fannie than 50 employees, 60 percent of which had hibition against company dominated unions, Mae Foundation. instituted their EI program within the last 3 and in no way reduces the right of employees The Highbridge-Woodycrest Center is dedi- years. to form a union. cated to educating AIDS-infected and HIV- Two years ago, in a survey my office con- CONCLUSION positive women in shelters and prison to help ducted of companies in my rural western Wis- America's greatest economic challenges will them reduce high-risk behavior and seek ap- consin district, we found that 40 percent of the not be overcome in Washington. They will be propriate health care support. In an expansion more than 100 companies that responded met and overcome in American workplaces by of its activities, the center is also creating a used EI. Among the respondents using it were the creativity of American workers and man- day treatment center for women with HIV and a drug store with 10 employees and a radio agers. Our task must be to nurture that cre- AIDS. station with 26 employees. ativity, not stifle it. I look forward to working Mr. Speaker, more than 1,000 organizations DO EMPLOYEES WANT EI? with my colleagues on the other side of the from around the country applied for this grant. A survey just finished by the Princeton Sur- aisle to move this initiative forward. Clearly, it A national advisory committee of women's vey Research Associates on behalf of Profs. is in the interest of our companies, our work- health experts selected the Highbridge- Richard Freeman and Joel Rogers indicates ers, and our competitive ability to pass the Woodycrest Center and nine other programs that employees want more involvement in de- TEAM Act as soon as possible. to receive this award under Fannie Mae's cisions affecting them in the workplace. For f women's health initiative, which will provide $1 example, the survey demonstrates that em- million over the next 5 years to support wom- ployees believe that joint worker-management TRIBUTE TO MOLLY MERRY— en's health services in underserved commu- committees are the best way to increase em- COLORADO’S TEACHER OF THE nities throughout the United States. ployee influence. In fact, such committees are YEAR I ask my colleagues to join me in congratu- preferred to unions or union-like employee or- lating the Highbridge-Woodycrest Center, ganizations by a 2-to-1 margin, and much pre- HON. SCOTT McINNIS whose vital contributions to women's health ferred over additional legal mandates from have earned it the generous support of the OF COLORADO Washington. Fannie Mae Foundation. IN THE HOUSE OF REPRESENTATIVES The survey indicates that the majority of f employees also believe that by using Em- Monday, January 30, 1995 TRIBUTE TO VICTOR MELENDY ployee Involvement structures and pushing de- Mr. MCINNIS. Mr. Speaker, I would like to cisions to the lowest possible level, their com- take this opportunity to congratulate Molly pany would be more competitive, the effective- Merry on the occasion of her being named HON. JOHN JOSEPH MOAKLEY ness of EI structures would increase; and the Colorado Teacher of the Year. Her positive OF MASSACHUSETTS effectiveness of problem solving would im- contributions on behalf of educating children IN THE HOUSE OF REPRESENTATIVES prove. have enabled her to win this award. WHY A CHANGE IS NEEDED Molly is responsible for designing, planning, Monday, January 30, 1995 Employee involvement structures are a re- and teaching an alternative education program Mr. MOAKLEY. Mr. Speaker, I rise today to cent development relative to the passage of known as the Madison Exploratory School, lo- pay tribute to a man who was a hero in every the original National Labor Relations Act, also cated in Canon City. The curriculum at the sense of the word. Victor Melendy was a fire- known as the Wagner Act. The Wagner Act school is designed for students who have not fighter in Stoughton, MA for 23 years. He died was written in the 1930'sÐa very turbulent reached their full potential in traditional class- in the line of duty on January 28, and his time in labor-management relations. At that rooms. Her lesson plan's increase the amount courage will not be forgotten. time, it was common for companies to create of time spent with hands-on projects to bolster Victor Melendy's life represents all of the management-dominated or sham unions to traditional lessons. best qualities of the human spirit. His gift was prevent employees from forming independent When Madison Exploratory School opened to do ordinary things in an extraordinary way. unions. The National Labor Relations Act in- 2 years ago, there were 30 fifth-grade stu- Victor's courage was only surpassed by his cluded a vary broad proscription on company dents. The program has been such a success, compassion. Above all, he loved his family. dominated unions. There is no doubt this sec- in large part due to Molly Merry's work, that it Stoughton Fire Chief John Soave said it best tion workedÐcompanies stopped creating has been expanded to include 82 students in when he described him as ``the best definition sham unions. But the same section of the act grades fourth through sixth. Molly's ability to of the word firefighter''Ða characterization to which prevents sham unions, also acts as a identify problems, build children's self-esteem which all who served with him readily attest. barrier to legitimate workplace cooperation. and provide an encouraging voice make her Victor Melendy led a life of public service. In the past 20 years, the use of employee the logical choice to receive Colorado's He served his country in the U.S. Navy and involvement has expanded dramatically. Orga- Teacher of the Year Award. then his community as a member of the nizations from the most prestigious of the For- Molly Merry has not only met the criteria Stoughton Fire Department. As we reflect on tune 500 down to the local drug store have needed to win this award, but she has ex- his life, we can learn from his example. Vic- successfully used cooperative programs to ceeded those expectations. Her dedication, tor's spirit will live on through his beloved wife E 222 CONGRESSIONAL RECORD — Extensions of Remarks January 30, 1995 Carol, his children Christopher, Lisa, and the use of the summary jury trial in Federal SOLID WASTE INCINERATION Kerry, and all of those who have had the courts nationwide. In 1983, 1984, and 1985, honor to know him. Chief Judge Lambros was commended by the Mr. Speaker, we have lost a true hero. Chief Justice of the United States, the Honor- HON. WILLIAM O. LIPINSKI able Warren E. Burger, in the ``Year End Re- f OF ILLINOIS ports on the Judiciary,'' for developing the A TRIBUTE TO THE HONORABLE summary jury trial process. These reports rep- IN THE HOUSE OF REPRESENTATIVES THOMAS D. LAMBROS resent the Chief Justice's perspective on the most important developments in the judiciary Monday, January 30, 1995 HON. JAMES A. TRAFICANT, JR. and on its current and future needs. Chief Mr. LIPINSKI. Mr. Speaker, I rise today to OF OHIO Judge Lambros' invention, the summary jury bring to the attention of my colleagues the IN THE HOUSE OF REPRESENTATIVES trial, received formal statutory recognition by facts surrounding solid waste incineration. the U.S. Congress in the Judicial Reform Act While the reauthorization of the Resource Monday, January 30, 1995 of 1990. By this legislative enactment, Federal Conservation and Recovery Act (RCRA) may Mr. TRAFICANT. Mr. Speaker, I rise here judges are now authorized to utilize the sum- not be on the top of the agenda for this Con- today to pay tribute to the Honorable Thomas mary jury trials throughout the Nation. gress, I believe the importance of the issue D. Lambros upon his retirement. Chief Judge Today, Mr. Speaker, I would like to person- warrants some immediate discussion. Lambros was born to parents Demetrios and ally recognize Thomas Lambros, both as a I have long been a vocal opponent of solid Panagoula Lambros in Ashtabula, OH, on wise and compassionate officer of the court waste incinerators in my community. While in- February 4, 1930. Chief Judge Lambros was who has made an enormously positive impres- cinerators may make some small dent in our the youngest of five brothers. He graduated sion on our justice system, and as a personal garbage problem, they also create severe en- from Ashtabula High School in 1948, and re- friend. His selfless dedication to both his com- vironmental and health concerns we cannot ceived his law degree from Cleveland-Marshall munity and his family is commended. May afford to ignore. Law School in 1952. He was admitted to the God bless Thomas with health, happiness, During combustion, an incinerator emits sig- practice of law that same year at the age of and continued success in his retirement. All nificant quantities of heavy metals like mer- 22. friends of justice will surely miss him. cury, cadmium and lead, and complex organic Chief Judge Lambros' illustrious career f compounds, including dioxins. Equally impor- started in 1960, when he was elected to his tant, incineration transforms many toxic sub- first judgeship. From 1960 through 1967, Chief CONGRATULATIONS TO MILES B. stances in solid waste into highly volatile com- Judge Lambros served on the Court of Com- BORDEN, KINGS PARK CHAMBER pounds more easily absorbed into the food mon Pleas for the State of Ohio, Ashtabula OF COMMERCE, INC. 1994 MAN OF chain or inhaled or ingested by humans. Lead County. In 1966, Judge Lambros was re- THE YEAR can cause mental retardation, learning disabil- elected without opposition. As a common ities and kidney damage. It is especially toxic pleas judge, Judge Lambros established a vol- to children and pregnant women. Cadmium untary public defender program to provide free HON. GARY L. ACKERMAN has been linked to lung cancer and kidney dis- counsel to indigent criminal defendants. The OF NEW YORK orders. High levels of dioxins can result in al- establishment of this innovative program pre- IN THE HOUSE OF REPRESENTATIVES tered liver function. These toxins are not ceded the landmark Supreme Court decision rareÐthey are common emissions of solid in Gideon versus Wainwright, which held that Monday, January 30, 1995 waste incinerators. Burning garbage is a dan- the Constitution guarantees free counsel to in- Mr. ACKERMAN. Mr. Speaker, I rise today gerous and costly proposal. digent defendants. to offer my congratulations to Miles B. Borden Research has shown that air pollution by Also as a common pleas judge, Chief Judge on being named the Kings Park Chamber of tiny particles, even within current legal limits, Lambros instituted mandatory domestic rela- Commerce 1994 Man of the Year. can raise the risk of early death from heart or tions conciliation programs. This program es- Miles Borden, whose family settled in the lung disease. As a result, I have urged the tablished a 3-month cooling-off period before community in the 1890's is a lifelong resident U.S. Environmental Protection Agency formal divorce proceedings would take place. of Kings Park. His family was among the (USEPA) to review and update the Federal Through the passage of time and the efforts of founding members of the Lucien Memorial health based standard for particulate air pollu- skilled social workers, this program saved United Methodist Church of Kings Park, where tion. This is an issue of great concern for me many marriages and served to adjust family he is an active member of the board of trust- and my constituents since we must already relationships. ees. cope with a number of polluting industries in On June 3, 1967, Chief Judge Lambros, at He has been a member of the Kings Park Chicago and the surrounding suburbs. Fortu- the age of 37, was nominated United States Fire Department for 40 years and served as nately, the USEPA has initiated the process of District Judge for the Northern District of Ohio president of the department for 6 years. In revising air quality criteria for particle pollution. by President Lyndon Baines Johnson. Con- 1956 he chaired the committee which estab- I welcome this action. firmation by the Senate took place on August lished the ambulance squad. Last year, the USEPA released its report on 18, 1967, and Judge Lambros took office on On December 31, 1994, he retired after the dangers of dioxins. Dioxins, one of the August 28, 1967. On January 16, 1990, he be- serving 20 years as a volunteer trustee of the most toxic manmade chemicals, are came Chief Judge of the United States District Smithtown Library boards of trustees. He is re- chlorinated hydrocarbons that are byproducts Court for the Northern District of Ohio. tired from a career as an assistant super- of a number of combustion processes, includ- While serving as a Federal judge, Chief intendent of the Amityville School District after ing solid waste incineration. In its report, the Judge Lambros has had numerous judicial ac- 34 years in public education. USEPA concluded that dioxins are probable complishments. One very successful achieve- An accomplished author and historian, he cancer causing agents. Dioxins have also ment was founding the ``summary jury trial.'' has researched and published two histories of been associated with weakened immune sys- This innovative judicial procedure is an effec- Kings Park, ``The History of the Kings Park tems, birth defects and damage to the repro- tive method of resolving cases by promoting Fire Department'' and ``The First 100 YearsÐ ductive system. settlement, thus avoiding lengthy and expen- 1892±1992: Lucien Memorial United Methodist Dioxins are extremely pervasive in the envi- sive court trials. The summary jury trial is a Church.'' He is currently writing a history of ronment. Much of dioxin comes from inciner- short jury trial which helps to settle cases on Kings Park. ators that emit the chemicals through the air, the basis of a jury's advisory opinion. The pro- Mr. Speaker, I ask my colleagues to join me which is deposited on grass and trees. The cedures has received widespread acceptance in saluting Miles Borden for his outstanding chemical is then consumed by cows and other in both Federal and State courts throughout and selfless dedication and commitment to en- animals. Dioxin is also deposited in lakes and the country. riching the lives of the folks in the Kings Park streams and ingested by fish. The highest The policymaking arm of the Federal judici- community. And to extend our best wishes concentrations of dioxins are found in plants ary, the Judicial Conference of the United and congratulations for being named the 1994 and animals, thus contaminating the food sup- States, in 1984 adopted a resolution endorsing Man of the Year. ply. January 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 223 As required under the 1990 Clean Air Act erators, Cement Kilns, and Industrial wood THE LESSONS OF AUSCHWITZ Amendments, the USEPA last year an- burning. nounced tougher new air standards for munici- Dioxin, being a by-product of incineration HON. WILLIAM J. MARTINI pal solid waste incinerators. These regulations merely transfers the dioxin to land-fills via are designed to cut harmful emissions from in- the bottom-ash if emission standards are re- OF NEW JERSEY cinerators by requiring the installation of more duced to keep dioxins out of the atmosphere. IN THE HOUSE OF REPRESENTATIVES The problem continues. pollution control equipment. While I am en- Monday, January 30, 1995 It behooves the EPA to recommend a ban couraged by these new requirements, I remain on medical municipal, wood-burning and Mr. MARTINI. Mr. Speaker, I think it is ap- opposed to the construction of any new solid other dioxin producing incinerators. Tight- propriate today to remember the horrible dis- waste incinerators. The costs of complying ening standards is not enough. coveries that were made by Allied forces at with new standards, along with the health risks Chemical manufacturing process rec- Auschwitz 50 years ago. of the incineration process, are simply not ommendations should call for a phasing out Words are insufficient to describe one of the worth it. of chlorinated compounds with immediate blackest and most despicable crimes against At this time, I wish to insert into the RECORD use of alternate non-dioxin compounds, humanity ever perpetrated. The actions of comments made by one of my constituents, where available. Nazi Germany aimed at the utter extermi- Michael Turlek of the Lyons Incineration Op- Perhaps it’s time that we should be talking nation of European Jews tore apart the collec- ponent Network (LION) in Illinois. These com- about BEST KNOWN technologies rather tive souls of our parents' and grandparents' ments were submitted in response to the than BEST AVAILABLE. Laser burn tech- generations, tragically reminding them, lest USEPA's proposed rules on incinerator emis- nology might prove substantially more effi- they had forgotten, the depths to which the sions and the reassessment of dioxin. cient. I would also like to take this opportunity to Part of the study states that you cannot human character can sink. As the truths about recognize and commend Mr. Turlek for his point to the number of the populace affected the holocaust emerged, we were forced as a commitment to the environment. Mr. Turlek negatively nor can you point to the individ- nation to reassess not just the direction of the uals; but the facts and data are there. has been a leading force in fighting solid global community or our country, but to look You never will be able to point to these waste incinerator projects proposed for my inside ourselves and face many very difficult people. They will continue as needless, ob- questions about the moral direction of our congressional district. I thank Mr. Turlek for scure casualties, unless you do something his tireless efforts on behalf of public health. communities, our families, and ourselves. No about it. citizen of good conscience could escape that LYONS INCINERATOR OPPONENT NETWORK ADDENDUM important self-examination. (LION) Fifty years later, the lessons from Auschwitz (by Michael W. Turlek) The persistent and hazardous nature of dioxin causes us to question the control ef- are the same. The suffering and anguish is The disclosures of the Federal EPA Health still very real, and continues to act as a con- Assessment Document for dioxin (TCDD) and fectiveness of Waste Incineration Dioxin stant reminder of our obligations to the pursuit Related Compounds call for re-assessment of Standards. corrective measures for primary sources of Michael Cooper, Mgr, Environmental Com- of decency and compassion, both at home major dioxin emissions. pliance, Foster/Wheeler waste incinerator and abroad. We are dealing with extremely poisonous, builder/operator, while describing ‘‘carbon But on this occasion I believe a sense of stable compounds with environmental per- injection’’ as a dioxin emission control sys- guarded optimism and quiet resolution are in sistence measured in decades. Compounds tem stated the following: order alongside of the tremendous sense of that can be passed from the expectant moth- Trapped dioxin particles are released when loss we still feel. For the United States is the er’s system to the growing fetus, then, post- introduced to fire of lower temperature than leader of the free world. It was the United natally, through the mother’s milk to the in- the original combustion. fant who is then subject to a lifetime of addi- States that picked up the sword of democracy In answer to a question from the Chair, he to defeat the evil hand of the Axis Powers and tional exposure and health hazards. Follow- stated that the dioxin particles do not end restore security and prosperity to the world. ing absorption, a half-life for 2–3–7–8–TCDF up in the fly-ash. elimination was estimated from 5.8 years to Our comment: Most incinerator operations And since then it has been the United States 11.3 years. have identified dioxin in both fly-ash and who has stood firm to make sure that such The current report reveals the average bottom ash. persecution would never occur again. human intake exposure rate to be more than In answer to another question from the As we approach the 21st century, we must 500-fold HIGHER than the 1985 EPA report constantly bear in mind what America has be- data. Upper-bound risk estimates for general Chair, Cooper stated that the temperature population dioxin exposure could be as high was not high enough to destroy the dioxin. come: a model of freedom and justice to the as one in 10,000 to 1 in 1,000. This is frighten- Our comment: Carbon injection is not a world. We strive for peace so that we never ing data and the FEPA must look closely to- proven technology for removal and destruc- have to discuss another Auschwitz again. On wards recommendations for the cure rather tion of dioxin. this 50th anniversary of the horrible revela- than the band-aid. OTHER QUESTIONS ARISE tions at Auschwitz, let us all pause to reflect We, as responsible adults cannot accept the on several things. First and foremost, we re- 1. Can we be comfortable with injecting associated health risks for the current or fu- member the victims of the Holocaust with dioxin particles for destruction while other ture generations. great sadness, and the survivors with consola- REPRODUCTIVE AND DEVELOPMENTAL EFFECTS dioxin participles are being formed? Are we really reducing atmospheric dioxin emission tion. We also need to remember how terrible Hormonal changes, reproductive dysfunc- or creating a steadier flow? the nature of man can be. But we in America tion, under-developed organs and impaired 2. Do we want dioxin-contaminated fly ash should not lose sight of how far we have organ function. Developmental toxicity come. Most of all, we can never forget how found in fish, birds and mammals is likely to or dioxin-contaminated bottom ash that does occur in humans. not test hazardous to be landfilled with non- diligent we must remain in the struggle to se- hazardous waste? cure the safety of our posterity, and that of the IMMUNE TOXICITY 3. Do we want dioxin-contaminated fly ash posterity of our neighbors around the world. Alterations in specific immune defector or bottom ash used for building products as f functions and increased susceptibility to in- some burner builder/operator would? fectious disease. 4. Because of the high toxic and persistent TRIBUTE TO BUD GATES CANCER nature of dioxin, we should require hazard- TCDD has been clearly shown to increase ous waste treatment for ash and filters that malignant tumor incidence in laboratory show dioxin content. HON. SCOTT McINNIS animals. The preponderance of evidence shows OF COLORADO The peer panel that met in September of dioxin to be a very dangerous, hazardous IN THE HOUSE OF REPRESENTATIVES 1993 found that results from human studies compound. How much longer are we going to were largely consistent with observations expose the population to needless hazards, be Monday, January 30, 1995 from laboratory studies of dioxin-induced it dioxin, mercury or any other compound? cancer and therefore should not be dismissed Mr. MCINNIS. Mr. Speaker, today I rise to Haven’t we learned yet? or ignored. recognize an outstanding Coloradan, Mr. Bud Major, qualitative, environmental release Gates, on the occasion of his being awarded sources have been identified as: Medical the Colorado Counties Inc. 1994 Distinguished Waste Incinerators, Municipal Waste Incin- Service Award. E 224 CONGRESSIONAL RECORD — Extensions of Remarks January 30, 1995 Each year the CCI board of directors select ley Planning Commission, the Agriculture Sta- Schools, and works as a mediator in social a Colorado county commissioner who has bilization Conservation Service Committee, the services cases involving kids with family prob- been a positive influence and an active mem- Conservation Board of Appeals, the Eagle lems. ber of the community to receive this award. County School Board, and the Agriculture Soil Bud Gates has not only met the criteria Bud Gates is no exception. His innovative ap- Conservation District Board. He also has been needed to win the Colorado Counties Award, proach to solving problems and important president of the Derby Mesa Irrigation Co., the but he has exceeded the expectations associ- work in the community have made him a log- Burns Hole Livestock Association, and the ated with this award. His dedication, profes- ical choice to be named this years Distin- Eagle County Farm Bureau. sionalism, and selfless service to the people of guished Service Award recipient. His commitment to the community extends Eagle County has not gone unnoticed. Bud has been an Eagle County Commis- outside his public life. Bud has been a 4±H Mr. Speaker, I ask my colleagues to join me sioner for 8 years and chairman of the board leader and still actively supports the program. in marking this occasion and saluting Bud for 3 years. His work in the community has He has also been a classroom assistant at the Gates for his years of devotion to the people been extensive. He's been on the Eagle Val- Eagle Valley and Gypsum Elementary of Eagle County. January 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 225 SENATE COMMITTEE MEETINGS Finance FEBRUARY 14 To hold hearings on the potential for tar- Title IV of Senate Resolution 4, 9:30 a.m. geted incentives to increase domestic agreed to by the Senate on February 4, Agriculture, Nutrition, and Forestry savings. To hold hearings to examine how to re- 1977, calls for establishment of a sys- SD–215 duce excessive government regulation tem for a computerized schedule of all Governmental Affairs of agriculture and agribusiness. meetings and hearings of Senate com- To continue hearings to examine Federal SR–332 mittees, subcommittees, joint commit- Government reform issues, focusing on Indian Affairs tees, and committees of conference. information management systems. To hold hearings on proposed legislation This title requires all such committees SD–342 authorizing funds for fiscal year 1996 to notify the Office of the Senate Daily Labor and Human Resources for Indian programs. Digest—designated by the Rules Com- Education, Arts and Humanities Sub- SR–485 mittee—of the time, place, and purpose committee of the meetings, when scheduled, and To hold hearings to examine education’s FEBRUARY 15 any cancellations or changes in the impact on economic competitiveness. 2:00 p.m. meetings as they occur. SD–430 Judiciary Antitrust, Business Rights, and Competi- As an additional procedure along 10:00 a.m. Appropriations tion Subcommittee with the computerization of this infor- To hold hearings to examine the court mation, the Office of the Senate Daily Legislative Branch Subcommittee To hold joint hearings with the House imposed major league baseball anti- Digest will prepare this information for trust exemption. Committee on Appropriations’ Sub- printing in the Extensions of Remarks SD–226 committee on the Legislative on section of the CONGRESSIONAL RECORD downsizing Legislative Branch support FEBRUARY 16 on Monday and Wednesday of each agencies. week. H–144, Capitol 9:30 a.m. Indian Affairs Meetings scheduled for Tuesday, Jan- Armed Services To continue hearings on proposed legisla- uary 31, 1995, may be found in the Daily To hold hearings on the foundations of tion authorizing funds for fiscal year Digest of today’s RECORD. United States national strategy. 1996 for Indian programs. SH–216 MEETINGS SCHEDULED SR–485 Judiciary 10:00 a.m. Constitution, Federalism, and Property FEBRUARY 1 Labor and Human Resources Rights Subcommittee Children and Families Subcommittee 9:30 a.m. Business meeting, to continue markup of To hold hearings to examine the effec- Agriculture, Nutrition, and Forestry S.J. Res. 19 and S.J. Res. 21, measures tiveness of the Federal child care and Business meeting, to mark up S. 178, au- proposing an amendment to the Con- development block grant program. thorizing funds for fiscal years 1995– stitution of the United States relative SD–430 2000 for the Commodity Futures Trad- to limiting congressional terms. ing Commission. SD–226 FEBRUARY 23 SR–332 2:00 p.m. Budget FEBRUARY 3 Indian Affairs To hold hearings on Federal entitle- To hold oversight hearings to examine ments. 9:30 a.m. the structure and funding of the Bu- SD–608 Joint Economic reau of Indian Affairs. 10:00 a.m. To hold hearings on the employment-un- SR–485 Governmental Affairs employment situation for January. Business meeting, to mark up S. 244, to 2359 Rayburn Building MARCH 2 further the goals of the Paperwork Re- duction Act to have Federal agencies FEBRUARY 7 10:00 a.m. Appropriations become more responsible and account- 9:30 a.m. Transportation Subcommittee able for reducing the burden of Federal Agriculture, Nutrition, and Forestry To hold hearings on proposed budget es- paperwork on the public; and to con- To hold hearings to examine what tax sider subcommittee assignments. timates for fiscal year 1996 for the De- policy reforms will help strengthen ag- partment of Transportation. SD–342 riculture and agribusiness. Judiciary SD–192 SR–332 Constitution, Federalism, and Property Rights Subcommittee MARCH 9 FEBRUARY 8 Business meeting, to mark up S.J. Res. 10:00 a.m. 19 and S.J. Res. 21, measures proposing 9:30 a.m. Appropriations an amendment to the Constitution of Governmental Affairs Transportation Subcommittee the United States relative to limiting To hold hearings on regulatory reform is- To hold hearings on proposed budget es- congressional terms. sues. timates for fiscal year 1996 for the Na- SD–226 SD–342 tional Transportation Safety Board. Veterans’ Affairs SD–192 To hold an organizational meeting. FEBRUARY 9 SR–418 10:00 a.m. MARCH 16 Indian Affairs 10:00 a.m. FEBRUARY 2 To hold oversight hearings to review Appropriations 9:30 a.m. challenges facing Indian youth. Transportation Subcommittee Budget SR–485 To hold hearings on proposed budget es- To hold hearings to examine block timates for fiscal year 1996 for the Fed- grants and opportunities for devolution eral Highway Administration, Depart- of Federal programs. ment of Transportation. SD–608 SD–192 E 226 CONGRESSIONAL RECORD — Extensions of Remarks January 30, 1995 MARCH 23 MARCH 30 eral Transit Administration, Depart- 10:00 a.m. 10:00 a.m. ment of Transportation. Appropriations Appropriations SD–192 Transportation Subcommittee Transportation Subcommittee To hold hearings on proposed budget es- To hold hearings on proposed budget es- MAY 4 timates for fiscal year 1996 for the Fed- timates for fiscal year 1996 for the Fed- 10:00 a.m. eral Railroad Administration, Depart- eral Aviation Administration, Depart- Appropriations ment of Transportation. ment of Transportation, and the Na- Transportation Subcommittee SD–192 tional Passenger Railroad Corporation To hold hearings on proposed budget es- (Amtrak). timates for fiscal year 1996 for the APRIL 27 SD–192 United States Coast Guard, Depart- 10:00 a.m. ment of Transportation. Appropriations SD–192 Transportation Subcommittee To hold hearings on proposed budget es- timates for fiscal year 1996 for the Fed- Monday, January 30, 1995 Daily Digest Senate Transmitting the report of the administration of Chamber Action the Radiation Control for Health and Safety Act of Routine Proceedings, pages S1727–S1794 1968 for calendar year 1993; referred to the Com- Measures Introduced: Five bills were introduced, mittee on Labor and Human Resources. (PM–7). as follows: S. 293–297. Page S1758 Page S1757 Balanced Budget Constitutional Amendment: Messages From the President: Pages S1756±57 Senate began consideration of H.J. Res. 1, proposing Messages From the House: Page S1757 a balanced budget amendment to the Constitution of Measures Placed on Calendar: Page S1757 the United States. Pages S1736±55 Senate will resume consideration of the resolution Petitions: Page S1758 on Tuesday, January 31. Statements on Introduced Bills: Pages S1758±89 Messages From the President: Senate received the Additional Cosponsors: Pages S1789±90 following messages from the President of the United Additional Statements: Pages S1790±92 States: Recess: Senate convened at 1 p.m., and recessed at Transmitting a report with respect to the national 5:51 p.m., until 9:30 a.m., on Tuesday, January 31, emergency with respect to Libya; referred to the 1995. (For Senate’s program, see the remarks of the Committee on Banking, Housing and Urban Affairs. Acting Majority Leader in today’s RECORD on page (PM–5). Pages S1756±57 S1792.) Transmitting the annual report of the National Institute of Building Sciences for fiscal year 1993; Committee Meetings referred to the Committee on Banking, Housing, and Urban Affairs. (PM–6). Page S1757 No committee meetings were held. h House of Representatives Recess: House recessed at 2:33 p.m. and reconvened Chamber Action at 5:05 p.m. Page H851 Bills Introduced: 23 public bills, H.R. 725–747; House continued con- and 2 resolutions, H. Res. 49–50 were introduced. Unfunded Mandate Reform: sideration of H.R. 5, to curb the practice of impos- Pages H889±90 ing unfunded Federal mandates on States and local Report Filed: One report was filed as follows: H.R. governments, to ensure that the Federal Government 2, to give the President line-item veto authority over pays the costs incurred by those governments in appropriation Acts and targeted tax benefits in reve- complying with certain requirements under Federal nue Acts, amended (H. Rept. 104–11, Pt. II). statutes and regulations, and to provide information Page H889 on the cost of Federal mandates on the private sec- Speaker Pro Tempore: Read a letter from the tor; but came to no resolution thereon. Consideration Speaker wherein he designates Representative Ewing of amendments will resume on Tuesday, January 31. to act as Speaker pro tempore for today. Page H841 Pages H851±54, H854±82 Recess: House recessed at 12:57 p.m. and recon- vened at 2:00 p.m. Page H844 D 108 January 30, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 109 Agreed To: tions pertaining to medicaid (rejected by a recorded The Clinger motion to limit debate on all amend- vote of 131 ayes to 295 noes, Roll No. 66); ments to section 4 (regarding limitation to applica- Pages H868±69 tion) to 10 minutes per amendment (agreed to by a The Becerra amendment en bloc that sought to recorded vote of 233 ayes to 181 noes, Roll No. 57); provide that the provisions not apply to laws or reg- and Page H853 ulations to protect children from exploitation in the The Clinger motion that the Committee of the workplace (rejected by a recorded vote of 156 ayes Whole rise (agreed to by a recorded vote of 237 ayes to 269 noes, Roll No. 67); Pages H870±71 to 181 noes, Roll No. 58). Pages H853±54 The Kanjorski amendment en bloc that sought to Rejected: provide that the provisions not apply to laws or reg- The Volkmer motion that the Committee of the ulations pertaining to medicare (rejected by a re- Whole rise (rejected by a recorded vote of 159 ayes corded vote of 161 ayes to 266 noes, Roll No. 68); to 266 noes, Roll No. 59); Page H855 Pages H872±73 The Borski amendment en bloc that sought to The Martinez amendment that sought to provide provide that provisions not apply to laws or regula- that the provisions not apply to laws or regulations tions that enforce or establish limits on the introduc- pertaining to the Older Americans Act or the Juve- tion into United States water of pollutants that cause nile Justice and Delinquency Act (rejected by a re- significant adverse acute effects on human health, corded vote of 126 ayes to 296 noes, Roll No. 69); cancer, developmental malformation, reproductive Page H875 dysfunctions, neurological disorders, genetic The Pelosi amendment that sought to provide mutations or other chronic effects on human health that the provisions not apply to laws or regulations which are serious or irreversible (rejected by a re- that establish a minimum wage (rejected by a re- corded vote of 162 ayes to 263 noes, Roll No. 61); corded vote of 159 ayes to 260 noes, Roll No. 70); Pages H860±61 Pages H876±77 The Volkmer amendment to the Borski amend- The Vento en bloc amendment that sought to ment that sought to add 5 reproductive disorders to provide that the provisions not apply to laws or reg- the list of health illnesses affected by water pollution (rejected by a recorded vote of 114 ayes to 312 noes, ulations that apply to life threatening public health and safety matters (rejected by a recorded vote of Roll No. 60); Pages H859±60 The Clay en bloc amendment that sought to pro- 109 ayes to 308 noes, Roll No. 71); and Page H879 vide that provisions not apply to laws or regulations The Fields of Louisiana amendment that sought to that protect the health and welfare of persons who, provide that the provisions not apply to laws or reg- through no fault of their own, need welfare assist- ulations that establishes standards for the education ance; or regulations that apply to protecting against or safety of students in elementary or secondary pub- hunger or homelessness (rejected by a recorded vote lic schools (rejected by a recorded vote of 135 ayes Pages H880±81 of 151 ayes to 277 noes, Roll No. 63); Page H863 to 282 noes, Roll No. 72). The Jackson-Lee amendment to the Clay amend- Committees to Sit: It was made in order that the ment that sought to include an exemption from laws following committees and their subcommittees be and regulations necessary to protect adults from hun- permitted to sit on Tuesday, January 31, during the ger or homelessness (rejected by a recorded vote of proceedings of the House under the five-minute rule: 142 ayes to 285 noes, Roll No. 62); Page H862 Economic and Educational Opportunities, Transpor- The Clay en bloc amendment that sought to pro- tation and Infrastructure, National Security, Science, vide that provisions not apply to laws or regulations Judiciary, Resources, International Relations and that protect the health and safety of those, including Small Business. Pages H882±83 children and discouraged workers, who, through no Presidential Messages: Read the following mes- fault of their own, receive welfare assistance (rejected sages from the President: by a recorded vote of 138 ayes to 284 noes, Roll No. 64); Pages H864±65 National Emergency with Respect to Libya: Mes- The Clay en bloc amendment that sought to pro- sage wherein he transmits his report concerning the vide that provisions not apply to laws or regulations national emergency with respect to Libya—referred that protect school children from exposure to dan- to the Committee on International Relations and or- gerous conditions in schools, including exposure to dered printed (H. Doc. No. 104–24); Pages H883±84 asbestos and lead paint (rejected by a recorded vote Radiation Control: Message wherein he transmits of 127 ayes to 297 noes, Roll No. 65); Pages H866±67 the report of the Department of Health and Human The Jackson-Lee amendment that sought to pro- Services regarding the administration of the Radi- vide that the provisions not apply to laws or regula- ation Control and Health and Safety Act of 1968 D 110 CONGRESSIONAL RECORD — DAILY DIGEST January 30, 1995 during calendar year 1993—referred to the Commit- national crime organizations, and on the proliferation of tee on Commerce; and Page H884 cruise and ballistic missiles; to be followed by a nomina- tion hearing (SR–222) on Eleanor Hill, of Virginia, to be National Institute of Building Sciences: Message Inspector General, Department of Defense, 9:30 a.m., wherein he transmits the annual report of the Na- SR–232A. tional Institute of Building Sciences for fiscal year Committee on Banking, Housing, and Urban Affairs, to 1993—referred to the Committee on Banking. hold hearings on the Mexican peso crisis and the Admin- Page H884 istration’s proposed loan guarantee package to Mexico, 10 Senate Messages: Messages received from the Senate a.m., SD–106. today appears on page H844. Committee on Commerce, Science, and Transportation, Sub- committee on Science, Technology, and Space, to hold Quorum Calls—Votes: One quorum call (Roll No. oversight hearings on the Department of Commerce 56) and sixteen recorded votes developed during the science and technology programs, 10 a.m., SR–253. proceedings of the House today and appear on pages Committee on Finance, to hold hearings on the factors H852, H853, H853–54, H855, H859–60, that affect savings in the United States economy and the H860–61, H862, H863, H864–65, H866–67, importance of savings on economic growth and productiv- H868–69, H870–71, H872–73, H875, H876–77, ity, 9:30 a.m., SD–215. H879, and H880–81. Committee on Foreign Relations, to hold hearings on the Adjournment: Met at 12:30 p.m. and adjourned at Treaty Between the United States and the Russian Fed- 12:15 a.m. on Tuesday, January 31. eration on Further Reduction and Limitation of Strategic Offensive Arms (START II) (Treaty Doc. 103–1), 10 a.m., SD–419. Committee Meetings Committee on Governmental Affairs, Subcommittee on NATIONAL SECURITY REVITALIZATION Oversight of Government Management, to hold oversight ACT hearings to review the use by the Federal Deposit Insur- ance Corporation and the Resolution Trust Corporation of Committee on International Relations: Continued mark- a certain doctrine known as D’Oench Duhme, 2 p.m., up of H.R. 7, National Security Revitalization Act. SD–342. Will continue tomorrow. PERSONAL RESPONSIBILITY ACT NOTICE Committee on Ways and Means: Subcommittee on For a listing of Senate Committee Meetings sched- Human Resources continued hearings on H.R. 4, uled ahead, see pages E225–26 in today’s RECORD. Personal Responsibility Act, with emphasis on Wel- fare Reform. Testimony was heard from Senators House Grassley and Brown; Members of Congress; Lawton Committee on Appropriations, Subcommittee on Agri- Chiles, Governor, State of Florida; and public wit- culture, Rural Development, Food and Drug Administra- nesses. tion, and Related Agencies, on Downsizing the Govern- Hearings continue February 2. ment, 1 p.m., 2362A Rayburn. Subcommittee on Energy and Water Development, on CUSTOMS SERVICE REORGANIZATION the Future of the Department of Energy, 1 p.m., 2362B AND MODERNIZATION EFFORTS Rayburn. Committee on Ways and Means: Subcommittee on Subcommittee on Foreign Operations, Export Financ- Trade held a hearing on the U.S. Customs Service ing, and Related Agencies, on Foreign Operations in an reorganization plan and the implementation of the Era of Budget Reductions, 10 a.m., 2360 Rayburn. Customs Modernization Act. Testimony was heard Subcommittee on Labor, Health and Human Services, from George J. Weise, Commissioner, U.S. Customs Education and Related Agencies, on Public Witnesses, 10 a.m., 2358 Rayburn. Service, Department of the Treasury; J. William Committee on the Budget, hearing on the Budget and Gadsby, Director, Government Business Operations, Economic Outlook, 10:30 a.m., 210 Cannon. GAO; and public witnesses. Committee on Economic and Educational Opportunities, Sub- f committee on Early Childhood, Youth and Families, hear- ing on the Contract with America: Child Welfare/Child COMMITTEE MEETINGS FOR TUESDAY, Care, 9:30 a.m., 2175 Rayburn. JANUARY 31, 1995 Committee on International Relations, to continue markup (Committee meetings are open unless otherwise indicated) of H.R. 7, National Security Revitalization Act, 9 a.m., 2172 Rayburn. Senate Subcommittee on Africa, executive, briefing on the Committee on Armed Services, closed briefing on the Horn of Africa and Southern Africa, 2 p.m., 2172 Ray- smuggling of nuclear material and the role of inter- burn. January 30, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 111

Subcommittee on Asia and the Pacific, hearing on the National Park, CA, as the ‘‘Robert J. Lagomarsino Visi- Future of U.S. Relations with the Asia-Pacific Region, 10 tors Center;’’ H.R. 101, to transfer a parcel of land to the a.m., 2172 Rayburn. Taos Indians of New Mexico; H.R. 400, to provide for Committee on the Judiciary, to continue markup of H.R. the exchange of lands within the Gates of the Arctic Na- 668, Criminal Alien Deportation Improvements Act of tional Wildlife Park and Preserve; and H.R. 440, to pro- 1995; and to begin markup of the following: H.R. 667, vide for the conveyance of lands to certain individuals in Violent Criminal Incarceration Act of 1995; Effective Butte County, CA, 10:30 a.m., H–313 Capitol. Death Penalty Act of 1995; and the Local Government Committee on Science, hearing on Risk Assessment and Law Enforcement Block Grants Act of 1995, 9:30 a.m., Cost Benefit Analysis, 10:30 a.m., 2318 Rayburn. 2141 Rayburn. Committee on Small Business, hearing on Tax, Estate Tax Committee on National Security, to mark up H.R. 7, Na- Reform and the Family Business, 10 a.m., 2359 Rayburn. tional Security Revitalization Act, 2 p.m., 2118 Rayburn. Committee on Resources, Subcommittee on Energy and Committee on Transportation and Infrastructure, oversight Mineral Resources, oversight hearing on Investment in hearing to identify opportunities for streamlining and im- Hardrock Mineral Exploration and Development, 9:45 proving the efficiency of Transportation and Infrastructure a.m., 1334 Longworth. Programs, 2 p.m., 2167 Rayburn. Subcommittee on Native American and Insular Affairs, Committee on Ways and Means, to continue hearings on hearing on the Impact of the Contract with America on the Contract with America, 10 a.m., 1100 Longworth. the territories, reducing and reforming government through the termination of the Offices of Territorial and Joint Meetings International Affairs, H.R. 602, Omnibus Territories Act, Commission on Security and Cooperation in Europe, to hold and general oversight of the territories, 1 p.m., 1324 hearings to examine issues surrounding the conflict in Longworth. Bosnia and Herzegovina, 10 a.m., 2255 Rayburn Build- Committee on Rules, to consider the following: H.J. Res. ing. 50, to designate the visitors center at the Channel Islands D 112 CONGRESSIONAL RECORD — DAILY DIGEST January 30, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, January 31 9:30 a.m., Tuesday, January 31

Senate Chamber House Chamber Program for Tuesday: After the recognition of two Sen- Program For Tuesday: Continue consideration of H.R. ators for speeches and the transaction of any morning 5, Unfunded Mandates Reform. business (not to extend beyond 10 a.m.), Senate will con- tinue consideration of H.J. Res. 1, Balanced Budget Con- stitutional Amendment. (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 Horn, Stephen, Calif., E218 Mineta, Norman Y., Calif., E212 Jackson-Lee, Sheila, Tex., E217 Moakley, John Joseph, Mass., E221 Ackerman, Gary L., N.Y., E211, E222 Kingston, Jack, Ga., E217 Orton, Bill, Utah, E215 Brewster, Bill K., Okla., E211 LaFalce, John J., N.Y., E212 Quinn, Jack, N.Y., E216 Clinger, William F., Jr., Pa., E212 Lipinski, William O., Ill., E222 Rangel, Charles B., N.Y., E214 Dicks, Norman D., Wash., E219 Lowey, Nita M., N.Y., E216 Serrano, Jose´ E., N.Y., E221 Farr, Sam, Calif., E215 McInnis, Scott, Colo., E221, E223 Stenholm, Charles W., Tex., E211 Gilman, Benjamin A., N.Y., E219 Manzullo, Donald A., Ill., E214 Traficant, James A., Jr., Ohio, E221 Gunderson, Steve, Wis., E220 Martini, William J., N.J., E223

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ The Congressional Record is available as an online database through GPO Access, a service of the U.S. Government Printing Office. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d Session (January 1994) forward. It is available on a Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. The annual subscription fee for a single workstation is $375. Six month subscriptions are available for $200 and one month of access can be purchased for $35. Discounts are available for multiple-workstation subscriptions. To subscribe, Internet users should telnet swais.access.gpo.gov and login as newuser (all lower case); no password is required. Dial in users should use communications software and modem to call (202) 512–1661 and login as swais (all lower case); no password is required; at the second login prompt, login as newuser (all lower case); no password is required. Follow the instructions on the screen to register for a subscription for the Congressional Record Online via GPO Access. For assistance, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262, or by calling (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $112.50 for six months, $225 per year, or purchased for $1.50 per issue, payable in advance; microfiche edition, $118 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.