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, JULY 10, 1995 No. 110 House of Representatives

The House met at 2 p.m. and was Mr. Speaker, do Members of this States, has such favorable immigration called to order by the Speaker pro tem- body or the citizens of this country treatment. pore [Mr. EVERETT]. know that there are countries in this This is a serious enough situation, f world, independent nations which have but in the case of Guam—it is far more free and unrestricted access to the egregious in its negative impact be- DESIGNATION OF THE SPEAKER United States? cause of our small size and limited pop- PRO TEMPORE Mr. Speaker, do Members of this ulation. And in terms of the issue of The SPEAKER pro tempore laid be- body or the citizens of this country the unfunded mandates, the commit- fore the House the following commu- know that there are nationals of other ment was not made verbally or through nication from the Speaker: countries who can walk through immi- exchanges of letters by the Federal WASHINGTON, DC, gration checkpoints with only an iden- Government—it was authorized in stat- July 10, 1995. tification card; with no visa require- ute passed by this body in Public Law I hereby designate the Honorable TERRY ment, with no passport, with no re- 99–239. EVERETT to act as Speaker pro tempore on striction on their movement or time of Public Law 99–239, section 104(e)(6) this day. stay? states: NEWT GINGRICH, Mr. Speaker, do Members of this There are hereby authorized to be appro- Speaker of the House of Representatives. priated for fiscal years beginning after Sep- f body or the citizens of this country tember 30, 1985, such sums as may be nec- know that there are citizens of other essary to cover the costs, if any, incurred by MORNING BUSINESS countries who can come into the Unit- the State of Hawaii, the territories of Guam The SPEAKER pro tempore. Pursu- ed States and work, receive public as- and American Samoa, and the Common- ant to the order of the House of May 12, sistance and other benefits available to wealth of the Northern Mariana Islands re- sulting from any increased demands placed 1995, the Chair will now recognize citizens and permanent residents ap- parently without restrictions? on educational and social services by immi- Members from lists submitted by the grants from the Marshall Islands and the majority and minority leaders for It is true that citizens of the newly Federated States of Micronesia. morning hour debates. The Chair will independent countries of the former We call this reimbursement compact- alternate recognition between the par- Trust Territory of the Pacific Islands, impact-aid—the assistance due local ties, with each party limited to not to under a treaty relationship between governments for the financial impact exceed 30 minutes, and each Member, their countries and the United States, of the Compact of Free Association. except the majority and minority lead- can come and have come to the United Guam, due to its proximity, has re- ers, limited to not to exceed 5 minutes. States, primarily to the State of Ha- ceived the greatest share of this immi- f waii and the Territory of Guam and the gration. Since the treaties went into Commonwealth of the Northern Mari- effect, we now estimate that 6 percent COMPACT-IMPACT AID anas. And many have come to work of the total population of Guam is from The SPEAKER pro tempore. Under and be productive participants in the these freely associated states. If the the Speaker’s announced policy of May economy. same percentage of immigrants were 12, 1995, the gentleman from Guam [Mr. But there is the matter of the Fed- applied to the United States, there UNDERWOOD] is recognized for 5 min- eral Government making a commit- would be 15 million immigrants. And utes. ment to unrestricted access by foreign what is more startling is that this un- Mr. UNDERWOOD. Mr. Speaker, I nationals via a treaty which falls dis- restricted immigration is entirely rise today to again call attention to an proportionately on local governments legal. issue which combines all of the worst like that of Guam. This is not new to The total cost to the Government of elements of a failed Federal policy in many areas of the country where a Guam since the inception of this immi- immigration which has resulted in similar situation has resulted in ‘‘un- gration is in excess of $70 million. The huge unfunded mandates and stands as funded mandates.’’ Bear in mind that Guam Memorial Hospital estimates an an example of how to make and break this is legal immigration with no re- impact of $750,000 in costs in fiscal year a promise. Mr. Speaker, I am speaking strictions—no paperwork and no docu- 1994, and $2.55 million since 1986 to the of the Federal Government’s failure to mentation, and all that is required for Medically Indigent Program due to compensate the people of Guam for ex- entry is an identification card from compact immigrants. Public housing penses incurred as a result of a treaty their own country—not even Canada, assistance cost Guam $2 million in fis- we on Guam had no part in shaping. which has open borders with the United cal year 1994 and $7.5 million since 1986.

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 6701 H 6702 CONGRESSIONAL RECORD — HOUSE July 10, 1995 I have also heard reports from one ele- national debt, 28.7 days for Social Se- We have been attacked with the notion mentary school principal who must de- curity and Medicare, 51.1 days for State that we are destroying the environ- vote three classrooms, with teachers and local taxes and regulations, 41.7 ment, that we are removing safety. In- and aides, just to teach English and days for Federal regulations, and 35.6 deed people are attacking us for even reading skills to immigrants. days for other Federal programs.’’ costing lives. What we are talking The total reimbursement given to I ask my colleagues, ‘‘Did you know about is bringing reasonableness to Guam based on the law has been $2.5 that more than half of the money that regulations. million. you earn goes to the government? Ac- Let me just go over a couple of these This is all that has been given to tually 52 cents of every dollar, every issues that show how crazy and ex- Guam in reimbursement for this dra- dollar earned by the average worker, is treme the regulatory environment in matic impact on our society and econ- spent on government, tax and regula- this country has gotten. In Sac- omy. Mr. Speaker, given this legacy of tions? This means that you spend more ramento, CA, residents are reeling over the Federal Government’s inability to time working for the government than a U.S. Fish and Wildlife Service ruling make good on its promises, we should you do for yourself and your family. It last fall which added three varieties of ask the question, What is Guam asking means that only 48 cents out of every fairy shrimp to the endangered species for in the Interior appropriations and dollar earned by the American family list. The agency relied on a one-para- what is Guam getting in the Interior is available to pay for housing, food, graph petition submitted by a Davis, appropriations? education, transportation, and other CA, botanist in 1990 even though mil- These are easy questions. Guam is essentials.’’ lions of hardy shrimp can be found in asking only that the Federal Govern- Mr. Speaker, this is unconscionable California, Europe, Asia, Australia, and ment start living up to its commit- and immoral. By recognizing govern- Africa. The decision has shut down a ment by putting in $4.58 million that ment-imposed costs and regulations, pony ranch that housed a Sacramento the administration requested for fiscal we can begin to increase public aware- program for the needy and disabled year 1996. Guam is not asking for Gov- ness of the 52-cent swindle. children and could cost the Sac- ernment assistance; Guam is not ask- As chairman of Cost of Government ramento area housing industry $500 ing for special projects; Guam is only Day I say to my colleagues, ‘‘I urge million. asking for a down payment of a long you to join me in highlighting the cost That is the kind of regulation that overdue bill. of government to the average Amer- we are trying to stop. That is the kind And what is Guam getting? Well, the ican family by giving a 1-minute or of regulation that we are trying to answer is simple. Currently, the Inte- participating in the press conferences bring reasonableness to. That is the rior budget is giving Guam zero, zilch, to come, and I urge all my colleagues kind of regulation that we are trying ´ zip, nothing, nada, taya—no money, to do so.’’ to bring forward, regulatory reform to however you want to say it. It is time True, this year, the total cost of gov- bring forward, to stop the cost. That is to begin paying the bill. ernment is estimated to be $3.3 trillion. a direct cost to the American people, Mr. Speaker, this week I intend to Nearly $1 trillion of this is the result of thereby a direct cost to the American offer an amendment to H.R. 1977, the regulation. The Federal Government family. Interior appropriations bill, to restore alone is responsible for $720 billion in Mr. Speaker, I think it is really sad the funding requested by the adminis- hidden taxes through regulation this that yesterday was the Cost of Govern- tration for the cost of this immigra- year. That amount equals $2,800 for ment Day, that the American family tion. The Federal Government cannot every man, woman, and child in Amer- has to work more than half the year have a free ride at Guam’s expense, on ica. for the government. I think, Mr. a policy Guam had no part in shaping. Although the burden is immense, it Speaker, that we need to put policies The Federal Government cannot open can be lessened quickly. If the House forward in this country that lessen the Guam to unrestricted immigration and Republican budget proposal were to be number of days that the American fam- then stick us with the bill. The Federal implemented, the Cost of Government ily has to work for their Government Government cannot pass on this un- Day would be 17 days earlier by the and increase the number of days that funded mandate to Guam while leaving year 2002. That would allow Americans the American family can work for us alone to deal with the impact of this 1 to work 2 ⁄2 weeks longer for them- themselves. immigration. I urge my colleagues to selves and their families. Regulatory support Guam’s compact-impact reim- and legal reforms could move the Cost f bursement. of Government Day to even earlier. GLOSSING OVER THE ROUGH Mr. Speaker, we need these budget, f SPOTS legal, and regulatory reforms in order COST OF GOVERNMENT DAY 1995 to reduce the Government’s negative The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under impact on the American family. the Speaker’s announced policy of May the Speaker’s announced policy of May Mr. Speaker, July 9 marks the third 12, 1995, the gentleman from Florida 12, 1995, the gentleman from Texas [Mr. annual Cost of Government Day. Cost [Mr. GOSS] is recognized during morn- DELAY] is recognized during morning of Government Day is an excellent op- ing business for 5 minutes. business for 5 minutes. portunity to drive home the need for Mr. GOSS. Mr. Speaker, when credi- Mr. DELAY. Mr. Speaker, today is less government spending and more ble and respected observer organiza- the first day that the American citi- regulatory reform. The 104th Congress tions, notably the International Repub- zens start working for themselves. has made an excellent start. Passage lican Institute, returned from the June What do I mean by that: and implementation of the House Re- 25 elections in Haiti to report their Yesterday was the Cost of Govern- publican budget will make Cost of Gov- documented observations—both the ment Day. The American people ernment Day come much quicker and good and the bad—they were not re- worked from January 1 of this year to the American family be able to spend ceived with open arms. It was more July 9 of this year for the government. more of its hard-earned dollars for like a shoot-the-messenger situation I say to my colleagues, ‘‘If you add up things they think are important rather here and elsewhere in Washington be- all the taxes paid on the local, State, than for what some bureaucrat thinks cause at that time international orga- and Federal level, and the cost of regu- is important. nizations, the Clinton administration lation, 52 cents out of every hard- Mr. Speaker, over in the other body officials, and some of the national earned dollar that the American people they are starting the debate on regu- media even were too busy painting rosy earn goes to the government. Out of latory reform, and the first thing out pictures of what was going on in the 365 days in the calendar year, the of the box for the last week has been an Haiti—glossing over widespread irreg- American people worked 189.9 days for absolute unheralded attack on Mem- ularities in the elections that actually the government and the regulatory bu- bers of Congress that are trying to happened hailing the relatively non- reaucracy. They worked 15.3 days for bring some good science and common violent atmosphere on election day as defense, 131⁄2 days for interest on the sense to regulations in this country. the measure of a successful electoral July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6703 process in Haiti, never mind the wide- the elections on the 25th—and to get it first day on which you could earn any spread and serious mismanagement, fixed. And before this December’s Pres- money for yourself. chaos, confusion, and disorganization idential elections because they are The average American this year that disenfranchised so many can- going to be very important, and more worked a bit more than 189 days to pay didates and so many voters. importantly for the American people, for the cost of government. He has left Now the flurry of election reports of we need to be kept abreast of where are just a bit more than 175 days to do all 2 weeks ago in Haiti has dwindled to a the taxdollars the Clinton administra- the things that one needs to do. Father few inches of space in the major papers. tion has been doling out for the elec- and mother work to pay the mortgage, Last Friday, for example, the news tions and for U.S. operations in Haiti? save money for an education, to pre- that the run-off elections, the impor- And what good, if any, they are doing? pare for their retirement, to take care tant run-off elections scheduled for the It is a lot of money. The White House of their sicknesses, and all of this has end of this month were being pushed owes us an accounting and it is over- to be done in 175 days after working a back to August. This was buried in the due. bit more than 189 days for the govern- deepest recesses of the major papers. At the most basic level, these elec- ment. Even the New York Times barely gave tions were about Haitians being free to it mention, and none among the major elect the entire local governmental Let us kind of put this in perspective. media dared question the wisdom of structure in Haiti and a new national According to Prof. Charles Adams, au- the provisional electoral council’s in- parliament, a congress, being free to thor of ‘‘For Good and Evil,’’ which is tention to announce results on this construct in those offices the checks a history of taxation published in 1933, past Saturday despite the protests of and balances envisioned and provided peasant serfs in the Mongol Empire in most of the parties that participated in for in the new Haitian constitution. the period of Genghis Khan had to give the election on June 25. The success of the process will deter- their feudal lords just one-tenth of This week, the news that 23 of the 27 mine how soon we can bring our troops what they produced. When you con- parties who actually participated in home and whether or not anything sider how oppressed we think those the elections of June 25 in Haiti have lasting, in fact, does come out of all people were in giving one-tenth of their signed official communiques calling for the money, time, and effort the Amer- income, what do you have to say about the elections to be annulled, and that ican people have poured into that small us who had to work about 52 percent of still has not made the cut in the smat- friendly Caribbean nation. this year to pay for the cost of govern- tering of the Haiti-related articles in Glossing over the rough spots in this ment? the major press outlets in this country process does not help any of the parties In the last two elections it was a rev- either. involved. olution that began at the polling The New York Times did take the I say to my colleagues, ‘‘If you want places, and all across America Ameri- time to editorialize and declare the to shoot the messenger, go ahead, but cans said enough is enough, and they delay of the run-offs as a step that will the fact of it is that there are some voted to begin to return this country give officials time to learn from their problems, and they need to be fixed.’’ to that vision of our forefathers. The mistakes. Of course, some might ques- Even the distinguished New York kind of government that they envi- tion whether or not it is appropriate to Times today has had the temerity to sioned was stated by Thomas Jefferson hold a run-off for an election that is suggest what they would not suggest 2 when he indicated that the government being challenged by almost all the par- weeks ago after the elections, and I which governs best is the government ticipants, because it was characterized quote from the editorial page from the which governs least. We have got to be by the widespread disenfranchisement Times today: ‘‘Haiti is wise to postpone about a million miles from that dream of voters and candidates alike, as we its next round of elections. The first of Thomas Jefferson, and that Abra- now all know. round, on June 25, was marred by mas- ham Lincoln in a period of crisis in our But the Clinton administration sive disorganization,’’ et cetera. They country said it just as well. He said it marches onward down the yellow brick would not admit that, and now they differently. He said that government road. At the State Department briefing admit it. We are making progress. We should only do for its citizens what this weekend, Spokesman Burns de- are getting at the truth. they cannot do for themselves. clared that Haiti ‘‘now has a function- f Someone has said that considering ing democracy * * *’’ and that the ad- how ineffective government is, how ministration believes ‘‘* * * the Hai- COST OF GOVERNMENT DAY CELEBRATION much it has interfered with our fami- tians did rather well, if you look at lies, how much it has depreciated the this election as it should be properly The SPEAKER pro tempore. Under business environment, that we ought viewed in the context of the environ- the Speaker’s announced policy of May to be thankful that we do not get all ment in Haiti and the history of 12, 1995, the gentleman from Maryland the government that we pay for. If gov- Haiti.’’ [Mr. BARTLETT] is recognized during ernment was efficient and effective in Well, indeed, it is good news that de- morning business for 5 minutes. doing what it does, it would have done Mr. BARTLETT of Maryland. Mr. mocracy has come to Haiti. Now per- even more damage to our families and Speaker, yesterday, July 9, was the haps we can bring back thousands of to our economy. troops that are down there at tax- kind of day when you did not know payers expense providing security and whether you should laugh or cry. It Another thing that really causes one stability in that country and perhaps was a kind of day when you did not to stop and think is the realization we can cut back on the hundreds of know whether you should mourn or that after 7 years of balancing the millions of dollars being sent to Haiti celebrate. You see yesterday, July 9, budget, as my colleague from Texas in- every day to help get democracy start- was Government Free Day. Up until dicated just a little earlier, we will ed. yesterday every American worked full- have moved back the Cost of Govern- Mr. Speaker, the truth is the Haitian time just to pay for the costs of gov- ment Day just 17 days. I do not think people who toiled long and hard on ernment. Until about mid-May we all that that is what Americans had in election day trying to make the best of worked to pay the costs of Federal, mind when they went to the polling a bad process deserve more than the State, and local taxes, and then incred- places these last two elections and cursory analysis and condescending ibly, incredibly from mid-May until began this revolution. statements of support we have been July 9, every American worked full- Moving back the Cost of Government hearing from the administration and time just to pay the cost of unfunded Day just 17 days after 7 years; that is the media in this country. Federal mandates. It was the day on not enough. That is not what Ameri- Rather than pressure to simply move which one would cry and mourn that he cans had in mind. We have just begun on, Haitians need the support of the had spent so much of his time working this battle to take back our country White House, the State Department for government. But it was also a day and to return it to the kind of country and the American media to find the in which we could look forward to envisioned by our forefathers. Think truth of what actually went wrong in today; you might celebrate that, the about it, America. H 6704 CONGRESSIONAL RECORD — HOUSE July 10, 1995 Think about July 9. Think about ward and lead the House in the Pledge for 1 minute and to revise and extend spending 52 percent of your time work- of Allegiance. his remarks.) ing for government. Think about that Mr. TRAFICANT led the Pledge of Mr. TRAFICANT. How soon we for- when you go to the polls and the next Allegiance as follows: get, Mr. Speaker. Another Japanese election to continue this revolution. I pledge allegiance to the Flag of the trade crisis, another Japanese promise, f United States of America, and to the Repub- another Japanese victory. lic for which it stands, one nation under God, Check this out: At the last minute, indivisible, with liberty and justice for all. RECESS Japan promised to buy more cars, to The SPEAKER pro tempore. Pursu- f buy more auto parts from America, and ant to clause 12, rule I, the Chair de- APPOINTMENT OF MEMBERS TO open up their markets for the 20th clares the House in recess until 3:30 PARLIAMENTARY ASSEMBLY OF time. It seems like Japan said this p.m. CONFERENCE ON SECURITY AND time, ‘‘Scout’s honor, America. This Accordingly (at 2 o’clock and 25 min- COOPERATION IN EUROPE time we really mean it. Cross my heart utes p.m.) the House stood in recess and hope to die.’’ The SPEAKER pro tempore. Without until 3:30 p.m. Beam me up, Mr. Speaker. America’s f objection, and pursuant to the provi- sions of section 169(b) of Public Law trade policy is nothing more than a b 1530 102–138, the Chair announces the wish and a promise—an American wish Speaker’s appointment to the U.S. del- for American workers, and the Japa- AFTER RECESS egation to the parliamentary assembly nese promise after promise after prom- The recess having expired, the House of the Conference on Security and Co- ise. It was time to hit Japan in the was called to order by the Speaker pro operation in Europe the following pocketbook. We failed to do that. Two tempore [Mr. SHAYS] at 3:30 p.m. Members of the House: Mr. SMITH of more years now, and we will see how f New Jersey, vice chairman; Mr. HOYER the program goes. PRAYER of Maryland; Mr. TORRICELLI of New f Jersey; Mr. SAWYER of Ohio; Mr. COLE- The Chaplain, Rev. James David MAN of Texas; Mr. FORBES of New York; STAND STRONG FOR AMERICA Ford, D.D., offered the following pray- Mr. CARDIN of Maryland; and Ms. REGARDING VIETNAM er: SLAUGHTER of New York. (Mr. SAM JOHNSON of Texas asked Remind us, O gracious God, and There was no objection. and was given permission to address teach us until we understand that each f the House for 1 minute and to revise day is Your gift to us, a day which we and extend his remarks.) receive without merit but we receive MESSAGE FROM THE PRESIDENT with gratefulness. As the psalmist has Mr. SAM JOHNSON of Texas. Mr. A message in writing from the Presi- Speaker, I thank the gentleman from recorded, we ought make a joyful noise dent of the United States was commu- unto You and serve with gladness of Ohio [Mr. TRAFICANT]. He is exactly nicated to the House by Mr. Edwin correct. Promises, promises. Tomorrow heart, for Your steadfast love endures Thomas, one of his secretaries. forever and Your faithfulness to all President Clinton is expected to break f generations. May we keep these words yet another one of his campaign prom- ises. before us as we get immersed in the du- TOP 10 REASONS DEMOCRATS ties of the time, that though our re- WANT TO TIE UP HOUSE WITH He promised American veterans and sponsibilities are ever before us, we PROCEDURAL VOTES the families of those servicemen still never lose sight of Your promises and missing in action that he would not (Mr. HAYWORTH asked and was normalize relations with Vietnam until Your grace. In Your name, we pray. given permission to address the House Amen. we had a full and complete accounting for 1 minute and to revise and extend of those still missing in action. f his remarks.) But now, with 55 cases still unsolved, Mr. HAYWORTH. Mr. Speaker, from THE JOURNAL he is going ahead with normalization, the home office in Scottsdale, AZ, the praising the Vietnamese for their so- The SPEAKER pro tempore. The top 10 reasons Democrats want to tie called cooperation. But, in reality, be- Chair has examined the Journal of the up the House with procedural votes tween 1992 and 1994 they provided us last day’s proceedings and announces today: to the House his approval thereof. (10) Build up voting percentage. more than 21,000 documents, photos, Pursuant to clause 1, rule I, the Jour- (9) Journal vote important to the and artifacts. Only 1 percent have per- nal stands approved. American people. tained to missing Americans. Mr. STUDDS. Mr. Speaker, pursuant (8) Like to work hard at nothing all The Vietnamese have not changed; if to clause 1, rule I, I demand a vote on day. they had they would have already agreeing to the Speaker’s approval of (7) Manufactured rage makes me opened up all the records and we the Journal. smile. wouldn’t be involved in bartering infor- The SPEAKER pro tempore. The (6) They say they are not for sale. mation for normalization. question is on the Chair’s approval of What they won’t say is nobody’s buy- You know, I don’t expect us to be the Journal. ing their line anyway. able to count on the Vietnamese. But, The question was taken; and the (5) We don’t want to work. We just we should at least be able to count on Speaker pro tempore announced that want to bang on this gavel all day. our own President. He should take a the ayes appeared to have it. (4) Monday Night TV is just reruns strong stand for America, instead of Mr. STUDDS. Mr. Speaker, I object anyway. caving in to narrow special interests to the vote on the ground that a (3) Holding breath until blue in the and giving away America’s integrity. quorum is not present and make the face doesn’t work. f point of order that a quorum is not (2) BONIOR told them to. And the number one reason Demo- present. FRANCE NEEDS TO JOIN CONTINU- crats want to tie up the House with The SPEAKER pro tempore. Pursu- ING MORATORIUM ON NUCLEAR procedural votes today: ant to clause 1, rule I, further proceed- TESTING ings on this question are postponed. (1) They have fallen and they can’t The point of no quorum is considered get up. (Mr. UNDERWOOD asked and was withdrawn. f given permission to address the House f for 1 minute and to revise and extend AMERICA’S TRADE POLICY—A his remarks.) PLEDGE OF ALLEGIANCE WISH AND A PROMISE Mr. UNDERWOOD. Mr. Speaker, yes- The SPEAKER. Will the gentleman (Mr. TRAFICANT asked and was terday, French navy commandos seized from Ohio [Mr. TRAFICANT] come for- given permission to address the House the Greenpeace ship Rainbow Warrior July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6705 II, thwarting its attempt to land pro- The program, action against access, Since 1967, when the Congress created testers on a South Pacific atoll where will involve placing minimum age the Corporation, CPB has overseen the France plans to conduct nuclear tests. signs and other materials in over growth and development of quality With its latest commando raid, 200,000 retail outlets throughout the services for millions of Americans. France has demonstrated once again United States. The program will also This year’s report, entitled ‘‘Amer- that they will go to whatever lengths conduct compliance seminars for re- ican Stories,’’ is a departure from pre- necessary to restart their nuclear test- tailers and law enforcement officers. vious reports. It profiles people whose ing program. Firing tear gas at 11 peo- In an effort to end smoking by young lives have been dramatically improved ple, including journalists, and acting adults, the action against access pro- by public broadcasting in their local like thugs, is not the behavior that be- gram will discontinue free cigarette communities. The results are timely, hooves a nation which fancies itself the sampling and will place additional no- lively, and intellectually provocative. epitome of civilization. tices on cigarette cartons prohibiting In short, they’re much like public The problem is that France is digging sales to minors. broadcasting. itself into a bigger hole than the one Mr. Speaker, I would like to com- WILLIAM J. CLINTON. they created in Muroroa in the face of mend Philip Morris on their efforts to THE WHITE HOUSE, July 10, 1995. universal opposition. Since President address a serious problem in our Na- f Chirac announced on June 13 that tion—I hope that other cigarette man- France will resume its nuclear test ufacturers will follow suit. ANNOUNCEMENT BY THE SPEAKER program with eight tests French offi- f PRO TEMPORE cials have ignored world opinion. SELF-RIGHTEOUS HAVE FALLEN The SPEAKER pro tempore. Pursu- But this do as we say, not what we do ant to the provisions of clause 5, rule I, attitude ignores France’s responsibil- (Mr. SCARBOROUGH asked and was the Chair announces that he will post- ity as a nuclear power. France needs to given permission to address the House pone further proceedings today on each join with other major powers in con- for 1 minute and to revise and extend motion to suspend the rules on which a tinuing a moratorium on nuclear test- his remarks.) recorded vote or the yeas and nays are ing before, not after, it conducts tests Mr. SCARBOROUGH. Mr. Speaker, ordered or on which the vote is ob- in the South Pacific. Instead of board- my, my, how the self-righteous have jected to under clause 4 of rule XV. ing the ships of protesters, it is time fallen. It was just a week ago that Such rollcall votes, if postponed, will for France to get back on board the nu- Democrats were beating their chests on be taken after debate has concluded on clear test ban. this floor about Republicans daring to all motions to suspend the rules, but have a fund-raiser in New York City. f not before 5 p.m. today. Why, that is something Democrats COMPROMISING INTEGRITY have never done before, have a fund- f (Mr. JONES asked and was given per- raiser in New York City. EXTENDING MOST-FAVORED-NA- mission to address the House for 1 Well, I guess what they meant to TION TREATMENT TO CAMBODIA talk about is saying they are going to minute and to revise and extend his re- Mr. CRANE. Mr. Speaker, I move to marks.) move their yard sale from New York City down to the front lawn of the suspend the rules and pass the bill Mr. JONES. Mr. Speaker, when we (H.R. 1642) to extend nondiscriminatory convened for the 104th Congress in Jan- White House, because now the Presi- dent and the Democratic Party want to treatment—most-favored-nation treat- uary, we came with our word and honor ment—to the products of Cambodia, to uphold. And we have done it. We conduct all of its fund-raising activi- ties on the lawn of the White House. and for other purposes. promised the American people action The Clerk read as follows: toward a more responsive, efficient Could this be the same President who a few years ago beat his chest and said, H.R. 1642 Government, and we came here with Be it enacted by the Senate and House of Rep- our honor and integrity on our minds, ‘‘We will not put a ‘for sale’ sign on the front lawn of the White House?’’ Could resentatives of the United States of America in not the next campaign. Congress assembled, that be the same President of the Unit- The President, however, doesn’t seem SECTION 1. CONGRESSIONAL FINDINGS. to take his job as seriously. Instead, he ed States who is now saying, ‘‘Hey, if The Congress finds that— compromises his integrity by using his you want to talk to me, pay me (1) Cambodia is now under democratic rule office for personal political purposes. $100,000? The Democratic Party will after 20 years of undemocratic regimes and His agenda focuses not on service to even give you a special advisor.’’ civil war, and is striving to rebuild its mar- Well, my goodness, if this is putting ket economy; the American people but on benefiting (2) extension of unconditional most-fa- from special interest donations. an end to business as usual, I think we need to go another step further. vored-nation treatment would assist Cam- We can here with determination to bodia in developing its economy based on do the work of the American people, f free market principles and becoming com- not to sell our offices for political ad- ANNUAL REPORT OF CORPORA- petitive in the global marketplace; vantage. In his State of the Union Ad- (3) establishing normal commercial rela- TION FOR PUBLIC BROADCAST- tions on a reciprocal basis with Cambodia dress, President Clinton implored poli- ING—MESSAGE FROM THE ticians to just stop taking contribu- will promote United States exports to the PRESIDENT OF THE UNITED rapidly growing Southeast Asian region and tions from special interest donors. STATES expand opportunities for United States busi- Now, several months afterward, he is ness with investment in the Cambodian blatantly practicing the very things he The Speaker pro tempore laid before the House the following message from economy; and preached against. Unfortunately for (4) expanding bilateral trade relations that him, actions speak louder than words. the President of the United States; includes a commercial agreement will pro- which was read and, together with the f mote further progress by Cambodia on accompanying papers, without objec- human rights and toward adoption of re- COMMENDING PHILIP MORRIS tion, referred to the Committee on gional and world trading rules and prin- CORP. FOR ACTION AGAINST AC- Commerce. ciples. CESS PROGRAM SEC. 2. EXTENSION OF NONDISCRIMINATORY To the Congress of the United States: TREATMENT TO THE PRODUCTS OF (Mr. WARD asked and was given per- In accordance with the Communica- CAMBODIA. mission to address the House for 1 tions Act of 1934, as amended (47 U.S.C. (a) HARMONIZED TARIFF SCHEDULE AMEND- minute and to revise and extend his re- 396(i)), I transmit herewith the Annual MENT.—General note 3(b) of the Harmonized marks.) Report of the Corporation for Public Tariff Schedule of the United States is Mr. WARD. Mr. Speaker, I rise today Broadcasting (CPB) for Fiscal Year 1994 amended by striking ‘‘Kampuchea’’. (b) EFFECTIVE DATE.—The amendment to pay recognition to a program initi- and the Inventory of the Federal Funds made by subsection (a) applies with respect ated by the Philip Morris Corp. to help Distributed to Public Telecommuni- to goods entered, or withdrawn from ware- prevent access to cigarettes by young cations Entities by Federal Depart- house for consumption, on or after the effec- people. I applaud their efforts. ments and Agencies: Fiscal Year 1994. tive date of a notice published in the Federal H 6706 CONGRESSIONAL RECORD — HOUSE July 10, 1995 Register by the United States Trade Rep- Mr. GIBBONS. Mr. Speaker, I yield The point of no quorum is considered resentative that a trade agreement obligat- myself such time as I may consume. withdrawn. ing reciprocal most-favored-nation treat- Mr. Speaker, the gentleman from Il- ment between Cambodia and the United f linois [Mr. CRANE] has adequately ex- States had entered into force. plained this piece of legislation. I want GENERAL LEAVE SEC. 3. REPORT TO CONGRESS. The President shall submit to the Con- to just comment a little on the term Mr. CRANE. Mr. Speaker, I ask unan- gress, not later than 18 months after the date ‘‘most favored nation.’’ imous consent that all Members may of the enactment of this Act, a report on the First of all, I heartily endorse what have 5 legislative days in which to re- trade between the United States and Cam- the gentleman from Illinois [Mr. vise and extend their remarks and in- bodia pursuant to the trade agreement de- CRANE] has said. We need to grant clude extraneous matter on H.R. 1642. scribed in section 2(b). most-favored-nation treatment to The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- Cambodia. Now, I hate to explain this objection to the request of the gen- ant to the rule, the gentleman from Il- to my colleagues, but most favored na- tleman from Illinois? linois [Mr. CRANE] will be recognized tion does not mean that much. It just There was no objection. for 20 minutes, and the gentleman from means normal trading status for an f Florida [Mr. GIBBONS] will be recog- emerging country. nized for 20 minutes. I mention this because every now and EXTENDING MOST-FAVORED-NA- The Chair recognizes the gentleman then somebody gets on the floor and TION TREATMENT TO BULGARIA from Illinois [Mr. CRANE]. says, oh, for that horrible country, and Mr. CRANE. Mr. Speaker, I move to Mr. CRANE. Mr. Speaker, I yield my- then they will name the country, you suspend the rules and pass the bill— self such time as I may consume. are giving them most-favored trading H.R. 1643—to authorize the extension of Mr. Speaker, I rise in strong support status, which sounds like you are real- nondiscriminatory treatment—most- of H.R. 1642, legislation to extend per- ly giving them something. manent most-favored-nation [MFN] Well, we are not really giving them favored-nation treatment—to the prod- tariff treatment to the products of anything. We are giving ourselves ac- ucts of Bulgaria. The Clerk read as follows: Cambodia. This legislation, which was cess to their markets and them to our introduced by myself and the ranking markets on the same basis that we give H.R. 1643 member of the Ways and Means Sub- all the other nations on earth, with Be it enacted by the Senate and House of Rep- committee on Trade, Mr. RANGEL, is very few minor exceptions. resentatives of the United States of America in Congress assembled, noncontroversial and was reported out So I hope nobody will take umbrage of the Ways and Means Committee by a SECTION 1. CONGRESSIONAL FINDINGS AND SUP- by the fact that we are granting most- PLEMENTAL ACTION. voice vote on June 20. favored-nation treatment to little (a) CONGRESSIONAL FINDINGS.—The Con- After two decades of civil war, Cam- Cambodia. Cambodia has had a tor- gress finds that Bulgaria— bodia held democratic elections in tured career in the last few years. They (1) has received most-favored-nation treat- May, 1993. Upon the formation of the have had terrible revolutions in their ment since 1991 and has been found to be in freely elected Royal Cambodian Gov- country and awful bloodshed, but they full compliance with the freedom of emigra- ernment on September 24, 1993, the have signaled that they want to go tion requirements under title IV of the Trade United States and Cambodia imme- right and want to do the right thing. Act of 1974 since 1993; diately established full diplomatic re- (2) has reversed many years of Communist It is time that we welcome them into dictatorship and instituted a constitutional lations. To normalize trade relations the family of trading nations. Perhaps republic ruled by a democratically elected between our countries, the United as more of our people go there and government as well as basic market-oriented States concluded an agreement with more of their people come here and as reforms, including privatization; Cambodia in the spring of 1994 on bilat- we exchange goods with each other, we (3) is in the process of acceding to the Gen- eral trade relations and intellectual may exchange some ideas that will do eral Agreement on Tariffs and Trade (GATT) property protection that calls for a re- us both some good. and the World Trade Organization (WTO), ciprocal extension of MFN status. Mr. Speaker, I heartily endorse most- and extension of unconditional most-fa- Since taking office, the Cambodian favored-nation treatment for Cam- vored-nation treatment would enable the Government has taken steps, and United States to avail itself of all rights bodia. under the GATT and the WTO with respect planned additional action, to convert Mr. Speaker, I reserve the balance of to Bulgaria; and the Cambodian economy from one my time. (4) has demonstrated a strong desire to based on central planning to one based Mr. CRANE. Mr. Speaker, I want to build friendly relationships and to cooperate on market-oriented principles. Estab- commend our ranking minority mem- fully with the United States on trade mat- lishing normal commercial relations ber on the Committee on Ways and ters. with Cambodia will assist in this trans- Means who has been a devotee of the (b) SUPPLEMENTAL ACTION.—The Congress formation by making Cambodian ex- advancement of free trade principles in notes that the United States Trade Rep- all the years I have had the privilege of resentative intends to negotiate with Bul- ports to the United States more com- garia in order to preserve the commitments petitive in the global marketplace. working with him. I think it illustrates of that country under the bilateral commer- In addition, establishing normal com- the bipartisan support that we have on cial agreement in effect between that coun- mercial relations with Cambodia on a this proposal before us today. try and the United States that are consistent reciprocal basis will promote United Mr. Speaker, I have no further re- with the GATT and the WTO. States exports to the rapidly growing quests for time, and I year back the SEC. 2. TERMINATION OF APPLICATION OF TITLE southeast Asian region and expand op- balance of by time. IV OF THE TRADE ACT OF 1974 TO portunities for United States busi- Mr GIBBONS. Mr. Speaker, I yield BULGARIA. nesses and investment in the Cam- back the balance of my time. (a) PRESIDENTIAL DETERMINATIONS AND EX- The SPEAKER pro tempore (Mr. TENSION OF NONDISCRIMINATORY TREAT- bodian economy. Furthermore, expand- MENT.—Notwithstanding any provision of ing our bilateral trade relations with SHAYS). The question is on the motion title IV of the Trade Act of 1974 (19 U.S.C. Cambodia will promote further offered by the gentleman from Illinois 2431 et seq.), the President may— progress by Cambodia on human rights [Mr. CRANE] that the House suspend (1) determine that such title should no and toward the adoption of regional the rules and pass the bill, H.R. 1642. longer apply to Bulgaria; and and world trading rules and principles. The question was taken. (2) after making a determination under The Congressional Budget Office has Mr. GIBBONS. Mr. Speaker, I object paragraph (1) with respect to Bulgaria, pro- determined that enactment of H.R. 1642 to the vote on the ground that a claim the extension of nondiscriminatory treatment (most-favored-nation treatment) has no significant budgetary effect. quorum is not present and make the point of order that a quorum is not to the products of that country. I urge my colleagues to support en- (b) TERMINATION OF APPLICATION OF TITLE actment of this legislation. present. IV.—On and after the effective date of the The SPEAKER pro tempore. Pursu- b 1545 extension under subsection (a)(2) of non dis- ant to clause 5 of rule I and the Chair’s criminatory treatment to the products of Mr. Speaker, I reserve the balance of prior announcement, further proceed- Bulgaria, title IV of the Trade Act of 1974 my time. ings on this motion will be postponed. shall cease to apply to that country. July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6707 The SPEAKER pro tempore. Pursu- Mr. GIBBONS. Mr. Speaker, I yield I do not oppose the Cambodia resolu- ant to the rule, the gentleman from Il- myself such time as I may consume. tion, which is a good thing, since it is linois [Mr. CRANE] will be recognized Mr. Speaker, again, the gentleman already over, but I do want to take the for 20 minutes, and the gentleman from from Illinois, [Mr. CRANE] has ade- opportunity to have in the appropriate Florida [Mr. GIBBONS] will be recog- quately explained this legislation. I RECORD my concern. I have been told nized for 20 minutes. will be brief. that the Cambodian Government has The Chair recognizes the gentleman The trade subcommittee of the Com- given assurances to Mr. Kirkland and from Illinois [Mr. CRANE]. mittee on Ways and Means first visited others that they intend to correct the Mr. CRANE. Mr. Speaker, I yield my- Bulgaria as an official delegation in labor law that they are going to pro- self such time as I may consume. 1985. We were impressed then that Bul- mulgate so that we will genuinely re- Mr. Speaker, I rise in strong support garia was moving faster than most of flect the rights of workers to make of H.R. 1643, which would extend per- the countries in the Eastern Bloc away their own choices and to advocate for manent most-favored-nation [MFN] from a centrally planned economy and their own rights. tariff treatment to the products of Bul- toward a free and open economy. The I would just note that many of us are garia. This legislation, which was in- evidence was clear then that that was supportive of the most-favored-nation troduced by myself and the ranking their ultimate goal. treatment for Cambodia on that as- member of the Ways and Means Sub- Bulgaria, like most Eastern Euro- sumption. I hope that by the next time committee on Trade, Mr. RANGEL, is pean countries, has had a tortured his- it comes up, when it is time to be re- noncontroversial and was reported out tory, occupied by many different for- newed, if it has to be, we will have that of the Ways and Means Committee by a eign powers over a long period of time, assurance. voice vote on June 20. most recently occupied by the Germans I thank the ranking minority mem- At present, Bulgaria’s MFN status is during World War II and, prior to ber for yielding time to me. regulated by title IV of the Trade Act World War I, by the Turkish Govern- Mr. HOYER. Mr. Speaker, I rise today in of 1974, the provision of U.S. law which ment, the Ottoman Empire, for 500 or support of H.R. 1643, extending most-favored- governs the extension of MFN tariff 600 years. nation status to Bulgaria. Bulgaria has made They were abused greatly during treatment to nonmarket economies. great strides in the areas of human rights, for- their occupation, suffered a great deal, Bulgaria was first granted MFN treat- eign policy, economic reforms, and Jackson- and have come out of it a wiser, but ment by the United States in 1991 Vanik requirements. MFN has been granted to sadder nation. under a Presidential waiver from the Mr. Speaker, we should grant to this Bulgaria since 1991 and this bill will continue freedom of emigration requirements country most-favored-nation treat- Bulgaria's commitment to minority rights and a contained in the Trade Act of 1974. ment; in other words, ordinary trade free market with permanent and unconditional Since 1993, Bulgaria’s MFN status has treatment for a civilized country. It most-favored-nation trade status. been renewed after the President has will help us. It will help them. Mr. Speaker, since the fall of communism, found the country to be in full compli- Mr. Speaker, I reserve the balance of Bulgaria has pledged progress toward demo- ance with the requirements stipulated my time. cratic and economic reforms. They have met in U.S. law. Mr. CRANE. Mr. Speaker, I reserve some significant barriers which have slowed The political and economic cir- the balance of my time. the pace of some of these reforms, including cumstances in Bulgaria have changed Mr. GIBBONS. Mr. Speaker, I yield a budget crisis and high inflation. It should be considerably since the enactment of such time as he may consume to the noted that much of the $8 billion debt is due the Trade Act of 1974. The Communist gentleman from Massachusetts [Mr. to its commitment to participate in the UN em- dictatorship in Bulgaria has collapsed FRANK]. bargo against Yugoslavia. and a democratically elected govern- Mr. FRANK of Massachusetts. Mr. Nonetheless, Mr. Speaker, human rights are ment has taken office which has insti- Speaker, I thank the very able ranking respected in this diverse country of ethnic Bul- tuted basic market-oriented principles, minority member for yielding time to garians, Turks, Gypsies, and Bulgarian mus- including privatization, in the Bul- me. lims. Ethnic Turks, in particular, have seen garian economy. I apologize for speaking a little bit their situation improve considerably since the Normalizing United States trade re- out of order. If it is 4 o’clock, it must fall of communism and the Bulgarian Govern- lations with Bulgaria, as has been done be Bulgaria, which means I missed ment has also displayed leadership in improv- of other Eastern European countries, Cambodia. I admire the dispatch. I do ing its traditionally rocky relations with Turkey. by authorizing the removal of the ap- not mean to get in the way of it. I In virtually every area * * * freedom of move- plication of title IV of the Trade Act of think we sometimes take too long on ment, treatment of national minorities, and 1974, from Bulgaria will enhance our bi- things, but I did want to address a cou- freedom of expression, Bulgaria has improved lateral relations with that country and ple of words to the situation in Cam- dramatically. foster the economic development of the bodia and, with the indulgence that the In the former Yugoslavia, Bulgaria continues region by providing the business com- ranking minority member has given to work for a peaceful resolution and was the munity with greater certainty with re- me, I will do that now. first country to recognize all of the former spect to Bulgaria’s status under United I was supportive of a letter that was Yugoslav republics, including Macedonia. With States law. sent by Lane Kirkland, president of the a resolution of this nightmare if and when it At the present time, Bulgaria is in AFL–CIO, to the Government of Cam- ends, Bulgaria will see much improved eco- the process of acceding to the World bodia in which he makes some very co- nomic conditions. Trade Organization [WTO]. For this gent objections to the proposed labor Mr. Speaker, the future for Bulgaria is very reason, the extension of permanent law. The gentleman from Florida has bright. Their continued movement to a free MFN tariff treatment to Bulgaria is quite correctly pointed out that most- market means a better standard of living for also necessary in order for the United favored-nation treatment is a mis- the Bulgarian people and improved relations States to avail itself of all WTO rights nomer, since it does not mean that you with the United States. H.R. 1643 is a major vis-a-vis Bulgaria at the time of the are given preferential treatment. step in the right direction toward reaching this country’s accession to the agreement. On the other hand, it is something end and I urge its passage. Thank you. The Congressional Budget Office has which it is within our power to confer Mr. NEAL. Mr. Speaker, today we are voting indicated that its baseline revenue pro- and you are better off with it than on granting MFN to Cambodia. Cambodia did jections assume that Bulgaria’s MFN without it. And I do believe as a matter not have MFN in the past because they were status will be renewed annually by the of course, we should now be doing ev- under Communist rule. Over the past few President. Therefore, enactment of erything we can to urge better labor years the country has had democratic elec- H.R. 1643 will not affect projected Fed- laws among other things, better re- tions, and the new government has made eral Government receipts. spect for working people in our trading steps toward a market economy. I urge my colleagues to support the partners as one way of preventing an I am concerned about granting MFN to passage of this legislation. erosion of the rights that have been Cambodia. This legislation provides Cambodia Mr. Speaker, I reserve the balance of gained by people here, in eastern Eu- with permanent and unconditional MFN status. my time. rope, and elsewhere. In my opinion, Cambodia needs to make H 6708 CONGRESSIONAL RECORD — HOUSE July 10, 1995 progress in two extremely important areas: H.R. 1141 (1) in paragraph (1)— Human rights and labor rights. Be it enacted by the Senate and House of Rep- (A) in subparagraph (C) by striking ‘‘and’’ Democracy and human rights are contin- resentatives of the United States of America in after the semicolon; ually under attack in Cambodia. The Royal Congress assembled, (B) in subparagraph (D) by striking the semi- Cambodian Government is persecuting jour- SECTION 1. SHORT TITLE. colon at the end and inserting a comma; and This Act may be cited as the ‘‘Sikes Act Im- (C) by adding at the end the following: nalistic critics, expelling government opposition provement Amendments of 1995’’. members of Parliament, and creating an at- ‘‘(E) wetland protection and restoration, and SEC. 2. AMENDMENT OF SIKES ACT. wetland creation where necessary, for support mosphere of fear to stifle those who would Except as otherwise expressly provided, when- of fish or wildlife, speak up for democracy. ever in this Act an amendment or repeal is ex- ‘‘(F) consideration of conservation needs for The granting of MFN does not mean Con- pressed in terms of an amendment to, or repeal all biological communities, and gress is not concerned about human rights of, a section or other provision, the reference ‘‘(G) the establishment of specific natural re- violations. Congress will continue to monitor shall be considered to be made to a section or source management goals, objectives, and time- Cambodia's progress in this area. other provision of the Act entitled ‘‘An Act to frames for proposed actions;’’; promote effectual planning, development, main- (2) by striking paragraph (3); Cambodia has still not passed a labor law tenance, and coordination of wildlife, fish, and that meets international labor standards. At game conservation and rehabilitation in military (3) by redesignating paragraph (2) as para- this time, freedom of association for workers is reservations’’, approved September 15, 1960 (16 graph (3); not guaranteed. The right to strike does not U.S.C. 670a et seq.), commonly referred to, and (4) by inserting after paragraph (1) the follow- exist. In addition, there are no minimum labor in this Act referred to, as the ‘‘Sikes Act’’. ing: standards. SEC. 3. INTEGRATED NATURAL RESOURCE MAN- ‘‘(2) shall for the military installation for which it is prepared— Recently, an opposition member of the AGEMENT PLANS GENERALLY. (a) IN GENERAL.—Section 101(a) (16 U.S.C. ‘‘(A) address the needs for fish and wildlife Cambodia National Assembly, Sam Rainsy, 670a(a)) is amended— management, land management, forest manage- was expelled from the assembly without a (1) by striking ‘‘is authorized to’’ and insert- ment, and wildlife-oriented recreation; vote by the governing parties lead by the co- ing ‘‘shall’’; ‘‘(B) ensure the integration of, and consist- Prime Ministers. Also, there is a rumor other (2) by striking ‘‘in each military reservation in ency among, the various activities conducted human rights supporters might be expelled. accordance with a cooperative plan’’ and insert- under the plan; In recent months, the situation in Cambodia ing the following: ‘‘on military installations. ‘‘(C) ensure that there is no net loss in the ca- has not improved. I have raised these issues Under the program, the Secretary shall prepare pability of installation lands to support the mili- and implement for each military installation in tary mission of the installation; with USTR and the State Department and I the United States an integrated natural resource will continue to follow them closely. We have ‘‘(D) provide for sustained use by the public of management plan’’; natural resources, to the extent that such use is to continue to monitor Cambodia and strongly (3) by inserting after ‘‘reservation is located’’ not inconsistent with the military mission of the the following: ‘‘, except that the Secretary is not encourage improvements. installation or the needs of fish and wildlife required to prepare such a plan for a military Mr. GIBBONS. Mr. Speaker, I yield management; installation if the Secretary determines that back the balance of my time. ‘‘(E) provide the public access to the installa- Mr. CRANE. Mr. Speaker, I yield preparation of such a plan for the installation is not appropriate’’; and tion that is necessary or appropriate for that back the balance of my time. (4) by inserting ‘‘(1)’’ after ‘‘(a)’’, and adding use, to the extent that access is not inconsistent The SPEAKER pro tempore. The at the end the following new paragraph: with the military mission of the installation; question is on the motion offered by ‘‘(2) Consistent with essential military require- and the gentleman from Illinois [Mr. ments to enhance the national security of the ‘‘(F) provide for professional enforcement of natural resource laws and regulations;’’; and CRANE] that the House suspend the United States, the Secretary of Defense shall rules and pass the bill, H.R. 1643. manage each military installation to provide— (5) in paragraph (4)(A) by striking ‘‘collect the ‘‘(A) for the conservation of fish and wildlife fees therfor,’’ and inserting ‘‘collect, spend, ad- The question was taken. on the military installation and sustained multi- minister, and account for fees therefor,’’. Mr. GIBBONS. Mr. Speaker, I object purpose uses of those resources, including hunt- (d) PUBLIC COMMENT.—Section 101 (16 U.S.C. to the vote on the ground that a ing, fishing, and trapping; and 670a) is amended by adding at the end the fol- quorum is not present and make the ‘‘(B) public access that is necessary or appro- lowing: point of order that a quorum is not priate for those uses.’’. ‘‘(f) PUBLIC COMMENT.—The Secretary of De- present. (b) CONFORMING AMENDMENTS.—Title I, as fense shall provide an opportunity for public amended by subsection (a) of this section, is fur- comment on each integrated natural resource The SPEAKER pro tempore. Pursu- ther amended— ant to clause 5 of rule I and the Chair’s management plan prepared under subsection (1) in section 101(b) (16 U.S.C. 670a(b)) in the (a).’’. prior announcement, further proceed- matter preceding paragraph (1) by striking ‘‘co- ings on this motion will be postponed. operative plan’’ and inserting ‘‘integrated natu- SEC. 4. REVIEW FOR PREPARATION OF INTE- ral resource management plan’’; GRATED NATURAL RESOURCE MAN- The point of no quorum is considered AGEMENT PLANS. withdrawn. (2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)) by striking ‘‘cooperative plan’’ each place it ap- (a) REVIEW OF MILITARY INSTALLATIONS.— f pears and inserting ‘‘integrated natural re- (1) REVIEW.—The Secretary of each military source management plan’’; department shall, by not later than 9 months GENERAL LEAVE (3) in section 101(c) (16 U.S.C. 670a(c)) in the after the date of the enactment of this Act— Mr. CRANE. Mr. Speaker, I ask unan- matter preceding paragraph (1) by striking ‘‘a (A) review each military installation in the cooperative plan’’ and inserting ‘‘an integrated United States that is under the jurisdiction of imous consent that all Members may natural resource management plan’’; that Secretary to determine the military instal- have 5 legislative days in which to re- (4) in section 101(d) (16 U.S.C. 670a(d)) in the lations for which the preparation of an inte- vise and extend their remarks and in- matter preceding paragraph (1) by striking ‘‘co- grated natural resource management plan under clude extraneous material on H.R. 1643. operative plans’’ and inserting ‘‘integrated nat- section 101 of the Sikes Act, as amended by this The SPEAKER pro tempore. Is there ural resource management plans’’; Act, is appropriate; and objection to the request of the gen- (5) in section 101(e) (16 U.S.C. 670a(e)) by (B) submit to the Secretary of Defense a report striking ‘‘Cooperative plans’’ and inserting ‘‘In- on those determinations. tleman from Illinois? tegrated natural resource management plans’’; There was no objection. (2) REPORT TO CONGRESS.—The Secretary of (6) in section 102 (16 U.S.C. 670b) by striking Defense shall, by not later than 12 months after f ‘‘a cooperative plan’’ and inserting ‘‘an inte- the date of the enactment of this Act, submit to grated natural resource management plan’’; the Congress a report on the reviews conducted (7) in section 103 (16 U.S.C. 670c) by striking SIKES ACT IMPROVEMENT under paragraph (1). The report shall include— AMENDMENTS OF 1995 ‘‘a cooperative plan’’ and inserting ‘‘an inte- grated natural resource management plan’’; (A) a list of those military installations re- Mr. YOUNG of Alaska. Mr. Speaker, I (8) in section 106(a) (16 U.S.C. 670f(a)) by viewed under paragraph (1) for which the Sec- move to suspend the rules and pass the striking ‘‘cooperative plans’’ and inserting ‘‘in- retary of Defense determines the preparation of an integrated natural resource management bill (H.R. 1141) to amend the act popu- tegrated natural resource management plans’’; and plan is not appropriate; and larly known as the Sikes Act to en- (B) for each of the military installations listed hance fish and wildlife conservation (9) in section 106(c) (16 U.S.C. 670f(c)) by striking ‘‘cooperative plans’’ and inserting ‘‘in- under subparagraph (A), an explanation of the and natural resources management tegrated natural resource management plans’’. reasons such a plan is not appropriate. programs, as amended. (c) CONTENTS OF PLANS.—Section 101(b) (16 (b) DEADLINE FOR INTEGRATED NATURAL RE- The Clerk read as follows: U.S.C. 670a(b)) is amended— SOURCE MANAGEMENT PLANS.—Not later than 2 July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6709 years after the date of the submission of the re- ‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER (4) in section 101(c) (16 U.S.C. 670a(c))— port required under subsection (a)(2), the Sec- LAWS. (A) in paragraph (1) by striking ‘‘a military retary of Defense shall, for each military instal- ‘‘All Federal laws relating to the conservation reservation’’ and inserting ‘‘a military installa- lation for which the Secretary has not deter- of natural resources on Federal lands may be tion’’; and mined under subsection (a)(2)(A) that prepara- enforced by the Secretary of Defense with re- (B) in paragraph (2) by striking ‘‘the reserva- tion of an integrated natural resource manage- spect to violations of those laws which occur on tion’’ and inserting ‘‘the installation’’; ment plan is not appropriate— military installations within the United (5) in section 102 (16 U.S.C. 670b) by striking (1) prepare and begin implementing such a States.’’. ‘‘military reservations’’ and inserting ‘‘military plan mutually agreed to by the Secretary of the SEC. 7. NATURAL RESOURCE MANAGEMENT SERV- installations’’; and Interior and the head of the appropriate State ICES. (6) in section 103 (16 U.S.C. 670c) by striking agencies under section 101(a) of the Sikes Act, Title I (16 U.S.C. 670a et seq.) is amended by ‘‘military reservations’’ and inserting ‘‘military as amended by this Act; or inserting after section 106 (as added by section installations’’. (2) in the case of a military installation for 6 of this Act) the following: SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS. which there is in effect a cooperative plan under ‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT (a) PROGRAMS ON MILITARY INSTALLATIONS.— section 101(a) of the Sikes Act on the day before SERVICES. Subsections (b) and (c) of section 110 (as redesig- the date of the enactment of this Act, complete ‘‘The Secretary of each military department nated by section 6 of this Act) are each amended negotiations with the Secretary of the Interior shall ensure that sufficient numbers of profes- by striking ‘‘1983’’ and all that follows through and the heads of the appropriate State agencies sionally trained natural resource management ‘‘1993,’’ and inserting ‘‘1995, 1996, 1997, and regarding changes to that plan that are nec- personnel and natural resource law enforcement 1998,’’. essary for the plan to constitute an integrated personnel are available and assigned respon- (b) PROGRAMS ON PUBLIC LANDS.—Section 209 natural resource plan that complies with that sibility to perform tasks necessary to comply (16 U.S.C. 670o) is amended— section, as amended by this Act. with this Act, including the preparation and im- (1) in subsection (a), by striking ‘‘the sum of (c) PUBLIC COMMENT.—The Secretary of De- plementation of integrated natural resource $10,000,000’’ and all that follows through ‘‘to en- fense shall provide an opportunity for the sub- management plans.’’. able the Secretary of the Interior’’ and inserting mission of public comments on— SEC. 8. DEFINITIONS. ‘‘$4,000,000 for each of fiscal years 1995, 1996, (1) integrated natural resource management Title I (16 U.S.C. 670a et seq.) is further 1997, and 1998, to enable the Secretary of the In- plans proposed pursuant to subsection (b)(1); amended by inserting after section 107 (as added terior’’; and and by section 7 of this Act) the following: (2) in subsection (b), by striking ‘‘the sum of (2) changes to cooperative plans proposed pur- ‘‘SEC. 108. DEFINITIONS. $12,000,000’’ and all that follows through ‘‘to en- suant to subsection (b)(2). ‘‘In this title: able the Secretary of Agriculture’’ and inserting ‘‘$5,000,000 for each of fiscal years 1995, 1996, SEC. 5. ANNUAL REVIEWS AND REPORTS. ‘‘(1) MILITARY DEPARTMENT.—The term ‘mili- Section 101 (16 U.S.C. 670a) is further amend- tary department’ means the Department of the 1997, and 1998, to enable the Secretary of Agri- ed by adding after subsection (f) (as added by Army, the Department of the Navy, and the De- culture’’. section 3(d) of this Act) the following: partment of the Air Force. SECTION 1. SHORT TITLE. ‘‘(g) REVIEWS AND REPORTS.— ‘‘(2) MILITARY INSTALLATION.—The term ‘mili- This Act may be cited as the ‘‘Sikes Act Im- ‘‘(1) SECRETARY OF DEFENSE.—The Secretary tary installation’— provement Amendments of 1995’’. of Defense shall, by not later than March 1 of ‘‘(A) means any land or interest in land SEC. 2. AMENDMENT OF SIKES ACT. each year, review the extent to which integrated owned by the United States and administered by Except as otherwise expressly provided, when- natural resource management plans were pre- the Secretary of Defense or the head of a mili- ever in this Act an amendment or repeal is ex- pared or in effect and implemented in accord- tary department; and pressed in terms of an amendment to, or repeal ance with this Act in the preceding year, and ‘‘(B) includes all public lands withdrawn from of, a section or other provision, the reference submit a report on the findings of that review to all forms of appropriation under public land shall be considered to be made to a section or the committees. Each report shall include— laws and reserved for use by the Secretary of other provision of the Act entitled ‘‘An Act to ‘‘(A) the number of integrated natural re- Defense or the head of a military department. promote effectual planning, development, main- source management plans in effect in the year ‘‘(3) STATE FISH AND WILDLIFE AGENCY.—The tenance, and coordination of wildlife, fish, and covered by the report, including the date on term ‘State fish and wildlife agency’ means an game conservation and rehabilitation in military which each plan was issued in final form or agency of State government that is responsible reservations’’, approved September 15, 1960 (16 most recently revised; under State law for managing fish or wildlife re- U.S.C. 670a et seq.), commonly referred to, and ‘‘(B) the amount of moneys expended on con- sources. in this Act referred to, as the ‘‘Sikes Act’’. servation activities conducted pursuant to those ‘‘(4) UNITED STATES.—The term ‘United States’ SEC. 3. INTEGRATED NATURAL RESOURCE MAN- plans in the year covered by the report, includ- means the States, the District of Columbia, and AGEMENT PLANS GENERALLY. ing amounts expended under the Legacy Re- the territories and possessions of the United (a) IN GENERAL.—Section 101(a) (16 U.S.C. source Management Program established under States.’’. 670a(a)) is amended— section 8120 of the Act of November 5, 1990 (Pub- SEC. 9. SHORT TITLE. (1) by striking ‘‘is authorized to’’ and insert- lic Law 101–511; 104 Stat. 1905); and Title I (16 U.S.C. 670a et seq.) is further ing ‘‘shall’’; ‘‘(C) an assessment of the extent to which the amended by inserting after section 108 (as added (2) by striking ‘‘in each military reservation in plans comply with the requirements of sub- by section 7 of this Act) the following: accordance with a cooperative plan’’ and insert- section (b) (1) and (2), including specifically the ‘‘SEC. 109. SHORT TITLE. ing the following: ‘‘on military installations. extent to which the plans ensure in accordance ‘‘This title may be cited as the ‘Sikes Act’.’’. Under the program, the Secretary shall prepare with subsection (b)(2)(C) that there is no net SEC. 10. COOPERATIVE AGREEMENTS. and implement for each military installation in loss of lands to support the military missions of the United States an integrated natural resource (a) COST SHARING.—Section 103a(b) (16 U.S.C. military installations. management plan’’; 670c–1(b)) is amended by striking ‘‘matching ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec- (3) by inserting after ‘‘reservation is located’’ basis’’ each place it appears and inserting retary of the Interior, by not later than March the following: ‘‘, except that the Secretary is not ‘‘cost-sharing basis’’. 1 of each year and in consultation with State required to prepare such a plan for a military (b) ACCOUNTING.—Section 103a(c) (16 U.S.C. agencies responsible for conservation or man- installation if the Secretary determines that 670c–1(c)) is amended by inserting before the pe- agement of fish or wildlife, shall submit a report preparation of such a plan for the installation riod at the end the following: ‘‘, and shall not to the committees on the amount of moneys ex- is not appropriate’’; and be subject to section 1535 of that title’’. pended by the Department of the Interior and (4) by inserting ‘‘(1)’’ after ‘‘(a)’’, and adding those State agencies in the year covered by the SEC. 11. REPEAL. at the end the following new paragraph: report on conservation activities conducted pur- Section 2 of the Act of October 27, 1986 (Public ‘‘(2) Consistent with essential military require- suant to integrated natural resource manage- Law 99–651; 16 U.S.C. 670a–1) is repealed. ments to enhance the national security of the ment plans. SEC. 12. CLERICAL AMENDMENTS. United States, the Secretary of Defense shall ‘‘(3) COMMITTEES DEFINED.—For purposes of Title I, as amended by this Act, is further manage each military installation to provide— this subsection, the term ‘committees’ means the amended— ‘‘(A) for the conservation of fish and wildlife Committees on Resources and National Security (1) in the heading for the title by striking on the military installation and sustained multi- of the House of Representatives and the Com- ‘‘MILITARY RESERVATIONS’’ and inserting ‘‘MILI- purpose uses of those resources, including hunt- mittees on Armed Services and Environment and TARY INSTALLATIONS’’; ing, fishing, and trapping; and Public Works of the Senate.’’. (2) in section 101(a) (16 U.S.C. 670a(a)) by ‘‘(B) public access that is necessary or appro- SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED striking ‘‘the reservation’’ and inserting ‘‘the priate for those uses.’’. NATURAL RESOURCE MANAGEMENT installation’’; (b) CONFORMING AMENDMENTS.—Title I, as PLANS; ENFORCEMENT OF OTHER (3) in section 101(b)(4) (16 U.S.C. 670a(b)(4))— amended by subsection (a) of this section, is fur- LAWS. (A) in subparagraph (A) by striking ‘‘the res- ther amended— Title I (16 U.S.C. 670a et seq.) is amended— ervation’’ and inserting ‘‘the installation’’; and (1) in section 101(b) (16 U.S.C. 670a(b)) in the (1) by redesignating section 106 as section 110; (B) in subparagraph (B) by striking ‘‘the mili- matter preceding paragraph (1) by striking ‘‘co- and tary reservation’’ and inserting ‘‘the military in- operative plan’’ and inserting ‘‘integrated natu- (2) by inserting after section 105 the following: stallation’’; ral resource management plan’’; H 6710 CONGRESSIONAL RECORD — HOUSE July 10, 1995 (2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)) (A) review each military installation in the 1 of each year and in consultation with State by striking ‘‘cooperative plan’’ each place it ap- United States that is under the jurisdiction of agencies responsible for conservation or man- pears and inserting ‘‘integrated natural re- that Secretary to determine the military instal- agement of fish or wildlife, shall submit a report source management plan’’; lations for which the preparation of an inte- to the committees on the amount of moneys ex- (3) in section 101(c) (16 U.S.C. 670a(c)) in the grated natural resource management plan under pended by the Department of the Interior and matter preceding paragraph (1) by striking ‘‘a section 101 of the Sikes Act, as amended by this those State agencies in the year covered by the cooperative plan’’ and inserting ‘‘an integrated Act, is appropriate; and report on conservation activities conducted pur- natural resource management plan’’; (B) submit to the Secretary of Defense a report suant to integrated natural resource manage- (4) in section 101(d) (16 U.S.C. 670a(d)) in the on those determinations. ment plans. matter preceding paragraph (1) by striking ‘‘co- (2) REPORT TO CONGRESS.—The Secretary of ‘‘(3) COMMITTEES DEFINED.—For purposes of operative plans’’ and inserting ‘‘integrated nat- Defense shall, by not later than 12 months after this subsection, the term ‘committees’ means the ural resource management plans’’; the date of the enactment of this Act, submit to Committees on Resources and National Security (5) in section 101(e) (16 U.S.C. 670a(e)) by the Congress a report on the reviews conducted of the House of Representatives and the Com- striking ‘‘Cooperative plans’’ and inserting ‘‘In- under paragraph (1). The report shall include— mittees on Armed Services and Environment and tegrated natural resource management plans’’; (A) a list of those military installations re- Public Works of the Senate.’’. (6) in section 102 (16 U.S.C. 670b) by striking viewed under paragraph (1) for which the Sec- SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED ‘‘a cooperative plan’’ and inserting ‘‘an inte- retary of Defense determines the preparation of NATURAL RESOURCE MANAGEMENT grated natural resource management plan’’; an integrated natural resource management PLANS; ENFORCEMENT OF OTHER (7) in section 103 (16 U.S.C. 670c) by striking plan is not appropriate; and LAWS. ‘‘a cooperative plan’’ and inserting ‘‘an inte- (B) for each of the military installations listed Title I (16 U.S.C. 670a et seq.) is amended— grated natural resource management plan’’; under subparagraph (A), an explanation of the (1) by redesignating section 106 as section 110; (8) in section 106(a) (16 U.S.C. 670f(a)) by reasons such a plan is not appropriate. and striking ‘‘cooperative plans’’ and inserting ‘‘in- (b) DEADLINE FOR INTEGRATED NATURAL RE- (2) by inserting after section 105 the following: tegrated natural resource management plans’’; SOURCE MANAGEMENT PLANS.—Not later than 2 ‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER and years after the date of the submission of the re- LAWS. (9) in section 106(c) (16 U.S.C. 670f(c)) by port required under subsection (a)(2), the Sec- ‘‘All Federal laws relating to the conservation striking ‘‘cooperative plans’’ and inserting ‘‘in- retary of Defense shall, for each military instal- of natural resources on Federal lands may be tegrated natural resource management plans’’. lation for which the Secretary has not deter- enforced by the Secretary of Defense with re- (c) CONTENTS OF PLANS.—Section 101(b) (16 mined under subsection (a)(2)(A) that prepara- spect to violations of those laws which occur on U.S.C. 670a(b)) is amended— tion of an integrated natural resource manage- military installations within the United (1) in paragraph (1)— (A) in subparagraph (C) by striking ‘‘and’’ ment plan is not appropriate— States.’’. (1) prepare and begin implementing such a after the semicolon; SEC. 7. NATURAL RESOURCE MANAGEMENT SERV- (B) in subparagraph (D) by striking the semi- plan mutually agreed to by the Secretary of the ICES. colon at the end and inserting a comma; and Interior and the head of the appropriate State Title I (16 U.S.C. 670a et seq.) is amended by (C) by adding at the end the following: agencies under section 101(a) of the Sikes Act, inserting after section 106 (as added by section ‘‘(E) wetland protection and restoration, and as amended by this Act; or 6 of this Act) the following: wetland creation where necessary, for support (2) in the case of a military installation for ‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT of fish or wildlife, which there is in effect a cooperative plan under SERVICES. ‘‘(F) consideration of conservation needs for section 101(a) of the Sikes Act on the day before ‘‘The Secretary of each military department all biological communities, and the date of the enactment of this Act, complete shall ensure that sufficient numbers of profes- ‘‘(G) the establishment of specific natural re- negotiations with the Secretary of the Interior sionally trained natural resource management source management goals, objectives, and time- and the heads of the appropriate State agencies personnel and natural resource law enforcement frames for proposed actions;’’; regarding changes to that plan that are nec- personnel are available and assigned respon- (2) by striking paragraph (3); essary for the plan to constitute an integrated sibility to perform tasks necessary to comply (3) by redesignating paragraph (2) as para- natural resource plan that complies with that with this Act, including the preparation and im- graph (3); section, as amended by this Act. plementation of integrated natural resource (4) by inserting after paragraph (1) the follow- (c) PUBLIC COMMENT.—The Secretary of De- management plans.’’. ing: fense shall provide an opportunity for the sub- SEC. 8. DEFINITIONS. ‘‘(2) shall for the military installation for mission of public comments on— Title I (16 U.S.C. 670a et seq.) is further which it is prepared— (1) integrated natural resource management ‘‘(A) address the needs for fish and wildlife amended by inserting after section 107 (as added plans proposed pursuant to subsection (b)(1); by section 7 of this Act) the following: management, land management, forest manage- and ment, and wildlife-oriented recreation; (2) changes to cooperative plans proposed pur- ‘‘SEC. 108. DEFINITIONS. ‘‘(B) ensure the integration of, and consist- suant to subsection (b)(2). ‘‘In this title: ency among, the various activities conducted ‘‘(1) MILITARY DEPARTMENT.—The term ‘mili- SEC. 5. ANNUAL REVIEWS AND REPORTS. tary department’ means the Department of the under the plan; Section 101 (16 U.S.C. 670a) is further amend- ‘‘(C) ensure that there is no net loss in the ca- Army, the Department of the Navy, and the De- ed by adding after subsection (f) (as added by pability of installation lands to support the mili- partment of the Air Force. section 3(d) of this Act) the following: tary mission of the installation; ‘‘(2) MILITARY INSTALLATION.—The term ‘mili- ‘‘(g) REVIEWS AND REPORTS.— ‘‘(D) provide for sustained use by the public of tary installation’— ‘‘(1) SECRETARY OF DEFENSE.—The Secretary natural resources, to the extent that such use is ‘‘(A) means any land or interest in land of Defense shall, by not later than March 1 of not inconsistent with the military mission of the owned by the United States and administered by each year, review the extent to which integrated installation or the needs of fish and wildlife the Secretary of Defense or the head of a mili- natural resource management plans were pre- management; tary department; and ‘‘(E) provide the public access to the installa- pared or in effect and implemented in accord- ‘‘(B) includes all public lands withdrawn from tion that is necessary or appropriate for that ance with this Act in the preceding year, and all forms of appropriation under public land use, to the extent that access is not inconsistent submit a report on the findings of that review to laws and reserved for use by the Secretary of with the military mission of the installation; the committees. Each report shall include— Defense or the head of a military department. ‘‘(A) the number of integrated natural re- and ‘‘(3) STATE FISH AND WILDLIFE AGENCY.—The ‘‘(F) provide for professional enforcement of source management plans in effect in the year term ‘State fish and wildlife agency’ means an natural resource laws and regulations;’’; and covered by the report, including the date on agency of State government that is responsible (5) in paragraph (4)(A) by striking ‘‘collect the which each plan was issued in final form or under State law for managing fish or wildlife re- fees therefor,’’ and inserting ‘‘collect, spend, ad- most recently revised; sources. ‘‘(B) the amount of moneys expended on con- minister, and account for fees therefor,’’. ‘‘(4) UNITED STATES.—The term ‘United States’ (d) PUBLIC COMMENT.—Section 101 (16 U.S.C. servation activities conducted pursuant to those means the States, the District of Columbia, and 670a) is amended by adding at the end the fol- plans in the year covered by the report, includ- the territories and possessions of the United lowing: ing amounts expended under the Legacy Re- States.’’. source Management Program established under ‘‘(f) PUBLIC COMMENT.—The Secretary of De- SEC. 9. SHORT TITLE. section 8120 of the Act of November 5, 1990 (Pub- fense shall provide an opportunity for public Title I (16 U.S.C. 670a et seq.) is further comment on each integrated natural resource lic Law 101–511; 104 Stat. 1905); and ‘‘(C) an assessment of the extent to which the amended by inserting after section 108 (as added management plan prepared under subsection by section 7 of this Act) the following: (a).’’. plans comply with the requirements of sub- ‘‘SEC. 109. SHORT TITLE. SEC. 4. REVIEW FOR PREPARATION OF INTE- section (b)(1) and (2), including specifically the GRATED NATURAL RESOURCE MAN- extent to which the plans ensure in accordance ‘‘This title may be cited as the ‘Sikes Act’.’’. AGEMENT PLANS. with subsection (b)(2)(C) that there is no net SEC. 10. COOPERATIVE AGREEMENTS. (a) REVIEW OF MILITARY INSTALLATIONS.— loss of lands to support the military missions of (a) COST SHARING.—Section 103a(b) (16 U.S.C. (1) REVIEW.—The Secretary of each military military installations. 670c–1(b)) is amended by striking ‘‘matching department shall, by not later than 9 months ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec- basis’’ each place it appears and inserting after the date of the enactment of this Act— retary of the Interior, by not later than March ‘‘cost-sharing basis’’. July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6711 (b) ACCOUNTING.—Section 103a(c) (16 U.S.C. vital habitat for thousands of migra- worked closely with nongovernment 670c–1(c)) is amended by inserting before the pe- tory waterfowl, and they are home for partners to provide efficient, cost-ef- riod at the end the following: ‘‘, and shall not nearly 100 federally listed species. fective management. I am pleased to be subject to section 1535 of that title’’. The Department does a superb job of point out that this bill encourages the SEC. 11. REPEAL. training our young men and women for continued use of those partnerships. Section 2 of the Act of October 27, 1986 (Public combat. Regrettably, they often fail to In short, this legislation provides a Law 99–651; 16 U.S.C. 670a–1) is repealed. do even an adequate job of comprehen- good working model for compromise on SEC. 12. CLERICAL AMENDMENTS. sive natural resource management many of the difficult issues we will be Title I, as amended by this Act, is further amended— planning. At far too many installa- facing over the next several months, (1) in the heading for the title by striking tions, management plans have never and I want to thank the gentleman ‘‘MILITARY RESERVATIONS’’ and inserting ‘‘MILI- been written, are outdated, or are from Alaska for his efforts in bringing TARY INSTALLATIONS’’; largely ignored. Furthermore, when a truly bipartisan bill to the floor. (2) in section 101(a) (16 U.S.C. 670a(a)) by these plans do exist, all too often they Mr. Speaker, I reserve the balance of striking ‘‘the reservation’’ and inserting ‘‘the are not coordinated or integrated with my time. installation’’; other military activities. Mr. YOUNG of Alaska. Mr. Speaker, I (3) in section 101(b)(4) (16 U.S.C. 670a(b)(4))— While H.R. 1141 will make a number yield myself such time as I may (A) in subparagraph (A) by striking ‘‘the res- ervation’’ and inserting ‘‘the installation’’; and of improvements in the Sikes Act, the consume. (B) in subparagraph (B) by striking ‘‘the mili- bill does not undermine in any way the Mr. Speaker, as the gentleman from tary reservation’’ and inserting ‘‘the military in- fundamental training mission of a Massachusetts [Mr. STUDDS] men- stallation’’; military base. tioned, this is a bipartisan bill. This is (4) in section 101(c) (16 U.S.C. 670a(c))— What the bill does is expand the not the first time that he and I have (A) in paragraph (1) by striking ‘‘a military scope of existing conservation plans to addressed this issue. We want to stress reservation’’ and inserting ‘‘a military installa- encompass all natural resource man- that 25 million acres of land now is tion’’; and agement activities, require manage- under military jurisdiction for training (B) in paragraph (2) by striking ‘‘the reserva- tion’’ and inserting ‘‘the installation’’; ment plans for all appropriate installa- of our personnel for military purposes. (5) in section 102 (16 U.S.C. 670b) by striking tions, mandate an annual report sum- What we are trying to do in this bill ‘‘military reservations’’ and inserting ‘‘military marizing the status of these plans, re- and with the original bill was to make installations’’; and quire that trained personnel be avail- sure the military recognized the ex- (6) in section 103 (16 U.S.C. 670c) by striking able, and ensure that DOD shall man- traordinary value. Most military bases ‘‘military reservations’’ and inserting ‘‘military age each installation to provide for the are in the proximity of urban areas. installations’’. conservation of fish and wildlife, and to They are truly the wildlife refuge areas SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS. allow the multipurpose uses of those of the urban people. They are also very (a) PROGRAMS ON MILITARY INSTALLATIONS.— resources. In addition, the bill extends valuable for those resource activities, Subsections (b) and (c) of section 110 (as redesig- which I think are also very valuable for nated by section 6 of this Act) are each amended the act’s authorization for the next 3 by striking ‘‘1983’’ and all that follows through years at half of the current funding the maintaining and the management ‘‘1993,’’ and inserting ‘‘1995, 1996, 1997, and level. of those species; that is, in fact, the 1998,’’. Mr. Speaker, this is a noncontrover- wildlife itself, for fishing and hunting (b) PROGRAMS ON PUBLIC LANDS.—Section 209 sial bill that has been thoroughly con- and recreational purposes. (16 U.S.C. 670o) is amended— sidered in both the Resources and Na- Mr. Speaker, under this act, with the (1) in subsection (a), by striking ‘‘the sum of tional Security Committees. I want to help of the gentleman from Massachu- $10,000,000’’ and all that follows through ‘‘to en- thank FLOYD SPENCE, JIM SAXTON, setts, I do believe we strengthen the able the Secretary of the Interior’’ and inserting DOD and in fact direct them to better ‘‘$4,000,000 for each of fiscal years 1995, 1996, JOEL HEFLEY, and GERRY STUDDS for 1997, and 1998, to enable the Secretary of the In- their leadership and for joining with manage those resources available to terior’’; and me in this important conservation ef- them. The 25 million acres of land, ref- (2) in subsection (b), by striking ‘‘the sum of fort. I am confident that our bill will uge land that is under military juris- $12,000,000’’ and all that follows through ‘‘to en- greatly assist DOD in the management diction today, is actually more land able the Secretary of Agriculture’’ and inserting of those natural resources under their than we have in any other part of our ‘‘$5,000,000 for each of fiscal years 1995, 1996, jurisdiction. natural Federal use lands in the lower 1997, and 1998, to enable the Secretary of Agri- I urge my colleagues to vote ‘‘aye’’ 48. Therefore, I do urge the passage of culture’’. on H.R. 1141. this legislation. It is good legislation. The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of b ant to the rule, the gentleman from 1600 my time. Alaska [Mr. YOUNG] will be recognized Mr. Speaker, I reserve the balance of Mr. STUDDS. Mr. Speaker, I yield for 20 minutes, and the gentleman from my time. myself such time as I may consume. Massachusetts [Mr. STUDDS] will be Mr. STUDDS. Mr. Speaker, I yield Mr. Speaker, I fully concur with the recognized for 20 minutes. myself such time as I may consume. gentleman, especially with regard to The Chair recognizes the gentleman Mr. Speaker, I note with some trepi- the good things that have been said from Alaska [Mr. YOUNG]. dation the violent beginning of the about us. Mr. YOUNG of Alaska. Mr. Speaker, I gentleman’s week. His assault on the Mr. SAXTON. Mr. Speaker, I rise today to yield myself such time as I may desk and podium I hope does not bode express my support for H.R. 1141, the Sikes consume. ill for the remainder of the evening and Act Improvement Amendments of 1995, intro- (Mr. YOUNG of Alaska asked and was of the week. duced by DON YOUNG and me in March of this given permission to revise and extend Mr. Speaker, interestingly, some of year. The Sikes Act was enacted in 1960 to his remarks.) the most controversial issues facing us provide a mechanism for cooperative wildlife Mr. YOUNG of Alaska. Mr. Speaker, in this Congress are embodied in this management on U.S. military installations. as the author of H.R. 1141, I am pleased noncontroversial bill: the most appro- H.R. 1141 will make the Sikes Act more effec- that we are considering this legislation priate uses for federally owned lands, tive in several important respects. to reauthorize and improve the effec- how best to protect wildlife habitat, First, existing conservation plans which deal tiveness of the Sikes Act. and public/private partnerships to man- exclusively with fish and wildlife habitat im- Since coming to Congress in 1973, I age lands and protect endangered spe- provements will be replaced with integrated have led the fight to enhance and con- cies. natural resource management plans which en- serve the vital fish and wildlife re- Under the provisions of the Sikes compass all natural resource management ac- sources that exist on our military Act, the military is required to manage tivities. Second, natural resource management lands. The Department of Defense its 25 million acres for fish and wildlife plans will have to be prepared for all military [DOD] manages nearly 25 million acres conservation, including the protection installations, except those without any signifi- at approximately 900 military bases na- of critical habitat for almost 100 endan- cant fish, wildlife or natural resource manage- tionwide. These lands contain a wealth gered and threatened species. That is a ment plans. Third, the Secretary of Defense of plant and animal life, they provide big job, and the military has often will be required to submit an annual report to H 6712 CONGRESSIONAL RECORD — HOUSE July 10, 1995 Congress summarizing the status of imple- There was no objection. graphs (1), 92), (3), (4), and (5)’’ and insert in lieu thereof ‘‘units authorized to be con- mentation of the integrated natural resources f management plans. Finally, the bill extends structed or the program pursuant to para- graphs (1), (2), (3), (4), (5), and (6).’’. authorization of appropriations, which expired COLORADO BASIN SALINITY on September 30, 1993, for the next 3 fiscal CONTROL ACT AMENDMENTS The SPEAKER pro tempore. Pursu- years. Mr. DOOLITTLE. Mr. Speaker, I ant to the rule, the gentleman from This legislation is noncontroversial and im- move to suspend the rules and pass the California [Mr. DOOLITTLE] will be rec- portant to the training units of our Armed Senate bill (S. 523) to amend the Colo- ognized for 20 minutes, and the gen- Forces. I urge my colleagues support of H.R. rado River Basin Salinity Control Act tleman from Minnesota [Mr. VENTO] 1141. to authorize additional measures to will be recognized for 20 minutes. The Chair recognizes the gentleman Mr. HEFLEY. Mr. Speaker, I rise in strong carry out the control of salinity up- from California [Mr. DOOLITTLE]. support of H.R. 1141, the Sikes Act Improve- stream of Imperial Dam in a cost-effec- Mr. DOOLITTLE. Mr. Speaker, the ment Amendments of 1995. H.R. 1141 would tive manner, and for other purposes. Colorado River Compact negotiated in enhance and improve natural resource man- The Clerk read as follows: 1992 by all seven Basin States, divided agement practices on military installations and S. 523 lands under the control of the Secretary of De- the river into two basins, the Upper Be it enacted by the Senate and House of Rep- fense. This legislation has received over- Basin and the Lower Basin, with each resentatives of the United States of America in basin receiving the right to develop whelming bipartisan support by the Committee Congress assembled, and use in perpetuity 7.5 million acre- on Resources and the Committee on National SECTION 1. AMENDMENTS TO THE COLORADO Security. RIVER BASIN SALINITY CONTROL feet annually from the Colorado River At Fort Carson, CO, the Army's premier ACT. system, although not all States are tank training ground, the concept of wildlife The Colorado River Basin Salinity Control currently using their full apportion- management and training going hand-in-hand Act (43 U.S.C. 1571 et seq.) is amended— ment. is put to the test. On the Pinon Canyon ma- (1) in section 202(a)— In addition, the 1994 Mexican Water (A) in the first sentence— neuver site at Carson, red fox holes are roped Treaty committed 1.5 million acre-feet (i) by striking ‘‘the following salinity con- of water annually to users in Mexico. off, the division-size maneuvers are conducted trol units’’ and inserting ‘‘the following sa- around them. This is just one example of how linity control units and salinity control pro- The quality of that water is also pre- the Army is striking the balance between envi- gram’’; and scribed by the treaty. The quantity and ronment and military training. This legislation (ii) by striking the period and inserting a quality of water to be delivered to Mex- will improve the ability of Fort Carson and all colon; and ico are our obligation, and the cost is other military installations to preserve this bal- (B) by adding at the end the following new not to be borne by the seven Basin paragraph: ance. States. ‘‘(6) A basinwide salinity control program In addition to United States-Mexican H.R. 1141 strikes an appropriate balance that the Secretary, acting through the Bu- between natural resource management and reau of Reclamation, shall implement. The Treaty obligations, water users in the the defense mission conducted at all military Secretary may carry out the purposes of this Lower Basin are concerned about the installations. The bill is fully supported by the paragraph directly, or may make grants, higher salinity of the Colorado River Department of Defense. As a member of both commitments for grants, or advances of water they receive, because it reduces committees of jurisdiction, I have had an op- funds to non-Federal entities under such their ability to reclaim the water for portunity to pass judgment on H.R. 1141 on a terms and conditions as the Secretary may reuse. The more saline the water is number of occasions this year. I can assure require. Such program shall consist of cost- originally, the more it costs to treat it effective measures and associated works to the House that the bill is worthy of each Mem- for reuse. reduce salinity from saline springs, leaking To address the salinity problem, the ber's support. I am pleased to recommend this wells, irrigation sources, industrial sources, legislation and urge it adoption. erosion of public and private land, or other Colorado River Basin Salinity Control Mr. STUDDS. Mr. Speaker, I yield sources that the Secretary considers appro- Act was enacted in 1974. Title 1 of the back the balance of my time. priate. Such program shall provide for the bill addressed the Mexican Treaty obli- Mr. YOUNG of Alaska. Mr. Speaker, I mitigation of incidental fish and wildlife val- gations by authorizing the Yuma have no further requests for time, and ues that are lost as a result of the measures Desalting Plant and certain other ac- I yield back the balance of my time. and associated works. The Secretary shall tions to be taken in the Lower Colo- The SPEAKER pro tempore (Mr. submit a planning report concerning the pro- rado River Basin. Title 2 of the act, gram established under this paragraph to the which this bill, S. 532, seeks to amend, SHAYS). The question is on the motion appropriate committees of Congress. The offered by the gentleman from Alaska Secretary may not expend funds for any im- authorized the investigation and con- [Mr. YOUNG] that the House suspend plementation measure under the program es- struction of salinity control projects in the rules and pass the bill, H.R. 1141, as tablished under this paragraph before the ex- the Upper Basin in order to protect the amended. piration of a 30-day period beginning on the quality of water delivered to the Lower The question was taken. date on which the Secretary submits such re- Basin. Mr. STUDDS. Mr. Speaker, I object port.’’; S. 523 would amend section 202(a) of to the vote on the ground that a (2) in section 205(a)— the Colorado River Basin Salinity Con- quorum is not present and make the (A) in paragraph (1) by striking ‘‘author- trol Act to authorize a program of sa- ized by section 202(a) (4) and (5)’’ and insert- point of order that a quorum is not ing ‘‘authorized by paragraphs (4) through (6) linity control in addition to the spe- present. of section 202(a)’’; and cific projects in the existing statute. The SPEAKER pro tempore. Pursu- (B) in paragraph (4)(i), by striking ‘‘section The new program would enable Rec- ant to clause 5 of rule I and the Chair’s 202(a) (4) and (5)’’ each place it appears and lamation to accept proposals from non- prior announcement, further proceed- inserting ‘‘paragraphs (4) through (6) of sec- Federal entities for salinity control ings on this motion will be postponed. tion 202’’; measures, and then provide funding to The point of order of no quorum is (3) in section 208, by adding at the end the the most cost-effective proposals. considered withdrawn. following new subsection: Mr. Speaker, I would urge my col- ‘‘(c) In addition to the amounts authorized f to be appropriated under subsection (b), leagues to support this legislation, and there are authorized to be appropriated I reserve the balance of my time. GENERAL LEAVE $75,000,000 for subsection 202(a), including Mr. VENTO. Mr. Speaker, I yield my- Mr. YOUNG of Alaska. Mr. Speaker, I constructing the works described in para- self such time as I may consume. ask unanimous consent that all Mem- graph 202(a)(6) and carrying out the meas- Mr. Speaker, I rise in support of the bers may have 5 legislative days in ures described in such paragraph. Notwith- bill and in place of my friend and col- which to revise and extend their re- standing subsection (b), the Secretary may league, the gentleman from Oregon implement the program under paragraph marks on H.R. 1141, the bill just consid- [Mr. DEFAZIO], who takes the lead for 202(a)(6) only to the extent and in such ered. amounts as are provided in advance in appro- our Members on this issue. The SPEAKER pro tempore. Is there priations Acts.’’; and Mr. Speaker, the Colorado River is objection to the request of the gen- (4) in subsection 202(b)(4) delete ‘‘units au- the only source of water for millions of tleman from Alaska? thorized to be constructed pursuant to para- people. Both agriculture and growing July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6713 urban areas in the West depend on the more responsive and cost-effective MOTION TO ADJOURN river as their only water source. The manner. Mr. FRANK of Massachusetts. Mr. measure before us has been described The bills that Senator BOB BENNETT Speaker, I move that the House do now well by the chairman, the gentleman introduced in the Senate and I intro- adjourn. from California [Mr. DOOLITTLE]. The duced in the House this year are very issues arise, of course, because water is similar to the bills that we introduced The SPEAKER pro tempore. Is the being introduced in dry areas where it last Congress. Although the bill passed motion at the desk? activates, it is carried and picks up the the Senate last Congress, due to last Mr. FRANK of Massachusetts. It is in salinity or salt from those dry areas, minute politics, the full House never writing at the desk. adding to the load in the river. Con- addressed the bill. It is important that The SPEAKER pro tempore. The sequently, of course, that river water, we take this opportunity to pass this Clerk will report the motion. the Colorado River Basin River and its legislation and fully authorize this cru- The Clerk read as follows: tributaries, become a waterway with a cial program. Mr. FRANK of Massachusetts moves that much greater concentration of salt The bill before the House today the House do now adjourn. than otherwise would be the case. It would authorize additional measures to carry out the control of the Colorado The SPEAKER pro tempore. The needs to obviously be reduced. question is on the motion offered by Mr. Speaker, the intent of this legis- River’s salinity in a cost-effective the gentleman from Massachusetts lation is to look at less intrusive ways, manner. Such measures would lead to [Mr. FRANK]. less high-cost ways of reducing the sa- reductions of salinity from all sources linity, looking at creative solutions. basinwide. The bill would also provide The question was taken; and the There are several important issues that flexibility to the program by simplify- Speaker pro tempore announced that were discussed during the hearing held ing the process for the Bureau of Rec- the ayes appeared to have it. on this measure on May 11. I believe lamation to obtain congressional ap- Mr. GOSS. Mr. Speaker, I object to the bill and the assurances we have re- proval for new salinity control meas- the vote on the ground that a quorum ceived from the administration ade- ures. is not present and make the point of quately address those concerns. First An appropriations ceiling level in- order that a quorum is not present. of all, the bill specifies that new salin- crease has been needed for some time. The SPEAKER pro tempore. The gen- ity control solutions must meet a test The level would be increased by $75 tleman’s motion would not be in order of cost effectiveness. The Bureau of million in order to carry out salinity as under the rules a quorum is not nec- Reclamation will develop the new control measures. The Bureau of Rec- essary. guidelines for evaluating proposed sa- lamation expenditures are nearing the Does the gentleman ask for the yeas linity control measures. It is my un- ceiling established by Congress over 20 and nays? derstanding that these guidelines will years ago. Mr. GOSS. Mr. Speaker, on that I de- be developed in consultation with in- Again, Mr. Speaker, I would like to mand the yeas and nays. terested parties, and that every effort thank my good friends, Chairmen The yeas and nays were ordered. YOUNG and DOOLITTLE for their dili- will be made to ensure that innovative The vote was taken by electronic de- gence. Passage of this legislation is and cost-effective solutions to salinity vice, and there were—yeas 139, nays very important to all the upper and control are encouraged. 234, not voting 61, as follows: Second, the bill specifically provides lower basin Colorado River States and the Secretary may approve salinity I urge my colleagues to support S. 523. [Roll No. 469] control projects to reduce salinity from Mr. VENTO. Mr. Speaker, I have no YEAS—139 a variety of sources, including irriga- further requests for time, and I yield Ackerman Gordon Owens tion sources. It is my expectation that back the balance of my time. Andrews Gutierrez Pallone Baesler Hall (OH) the Bureau of Reclamation’s guidelines Mr. DOOLITTLE. Mr. Speaker, I have Pastor no further requests for time, and I Baldacci Harman Payne (NJ) for implementing this law will not un- Barcia Hastings (FL) yield back the balance of my time. Pelosi reasonably preclude proposed solutions Bentsen Hefner Peterson (MN) to the Basin’s salinity problems. We The SPEAKER pro tempore. The Bevill Hilliard Pickett question is on the motion offered by Bishop Hinchey Pomeroy should not continue to rely on pouring Bonior Hoyer Reed the gentleman from California [Mr. Boucher Jackson-Lee more concrete if it can be shown that Richardson DOOLITTLE] that the House suspend the Browder Johnson (SD) other water or land management alter- Rivers rules and pass the Senate bill, S. 523. Brown (FL) Johnson, E. B. natives will do the job just as well. Roemer The question was taken. Brown (OH) Johnston Mr. Speaker, I believe the measure, Roybal-Allard Mr. VENTO. Mr. Speaker, I object to Bryant (TX) Kanjorski S. 523, has the potential to directly im- Cardin Kaptur Rush the vote on the ground that a quorum Sabo prove the existing programs for reduc- Clayton Kennedy (RI) is not present and make the point of Clement Kennelly Sanders ing salinity in the Colorado River, and Sawyer order that a quorum is not present. Clyburn Kildee I urge support of the bill. Coleman Klink Schroeder The SPEAKER pro tempore. Pursu- Collins (IL) LaFalce Schumer Mr. Speaker, I reserve the balance of ant to clause 5 of rule I and the Chair’s my time. Condit Levin Scott prior announcement, further proceed- Conyers Lewis (GA) Serrano Mr. DOOLITTLE. Mr. Speaker, I ings on this motion will be postponed. Coyne Lofgren Sisisky yield 5 minutes to the gentleman from The point of order of no quorum is Cramer Maloney Skaggs Danner Manton Skelton Utah [Mr. HANSEN]. considered withdrawn. Mr. HANSEN. Mr. Speaker, I thank de la Garza Markey Slaughter f DeFazio Martinez Spratt the gentleman for yielding time to me. DeLauro Mascara Stark Mr. Speaker, I would like to take the RECESS Deutsch Matsui Stokes time to thank subcommittee Chairman Dicks McCarthy Studds The SPEAKER pro tempore. Pursu- Dingell McDermott JOHN DOOLITTLE and Chairman DON Stupak ant to clause 12 of rule I, the Chair de- Durbin McKinney Thompson YOUNG for their assistance in moving Eshoo McNulty Thurman clares the House in recess until 5 p.m. Evans Meehan this important piece of legislation in Traficant Accordingly at 4 o’clock and 12 min- Farr Meek such a timely fashion. Vento utes p.m. the House stood in recess Fattah Mineta The Colorado River Basin Salinity Visclosky until 5 p.m. Fazio Minge Control Program has been authorized Fields (LA) Mink Volkmer by Congress and implemented by fed- f Filner Mollohan Ward Flake Montgomery Watt (NC) eral and state entities for the last 20 b 1701 Ford Moran Waxman years. There is now a need to update Frank (MA) Murtha Williams and revise the authorizations provided AFTER RECESS Gejdenson Nadler Wilson for in the Colorado River Basin Salin- The recess having expired, the House Gephardt Neal Woolsey Geren Obey Wyden ity Control Act so that the Bureau of was called to order by the Speaker pro Gibbons Olver Wynn Reclamation can move forward in a tempore [Mr. WALKER] at 5:01 p.m. Gonzalez Orton Yates H 6714 CONGRESSIONAL RECORD — HOUSE July 10, 1995 NAYS—234 Towns Waldholtz Wise ELECTION OF MEMBER TO THE Tucker Waters Allard Funderburk Molinari Velazquez Weldon (PA) COMMITTEE ON WAYS AND MEANS Armey Gallegly Moorhead Mr. BOEHNER. Mr. Speaker, by di- Bachus Ganske Morella b Baker (LA) Gekas Myers 1721 rection of the Republican Conference, I Ballenger Gilchrest Myrick offer a privileged resolution (H. Res. Barr Gillmor Nethercutt Messrs. HAMILTON, BURR, EWING, Barrett (NE) Gilman Neumann TAUZIN, and HYDE changed their vote 183) and ask for its immediate consider- Barrett (WI) Goodlatte Ney from ‘‘yea’’ to ‘‘nay.’’ ation. Bartlett Goodling Norwood Mr. GONZALEZ and Mr. VENTO The Clerk read the resolution, as fol- Bass Goss Nussle lows: Beilenson Green Ortiz changed their vote from ‘‘nay’’ to Bereuter Greenwood Oxley ‘‘yea.’’ H. RES. 183 Bilbray Gunderson Packard So the motion was rejected. Resolved, that the following named Member Bilirakis Gutknecht Parker be, and he is hereby, elected to the following Bliley Hall (TX) Paxon The result of the vote was announced standing committee of the House of Rep- Blute Hamilton Petri as above recorded. Boehlert Hancock Pombo resentatives: Boehner Hansen Porter f Committee on Ways and Means: Mr. Bonilla Hastert Portman Laughlin of Texas, to rank following Mr. Bono Hayworth Poshard Portman of Ohio. Borski Hefley Quillen COMMUNICATION FROM THE HON- Brewster Heineman Rahall ORABLE VIC FAZIO, CHAIRMAN Mr. DOGGETT. Mr. Speaker, pursu- Brownback Herger Ramstad OF THE DEMOCRATIC CAUCUS ant to clause 3 of rule XVI, I raise the Bryant (TN) Hilleary Regula question of consideration. Bunning Hobson Riggs The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The Burr Hoekstra Roberts WALKER) laid before the House the fol- question is: Will the House now con- Burton Hoke Rogers lowing communication from the Honor- Buyer Holden Rohrabacher sider House Resolution 183. able VIC FAZIO, chairman of the Demo- Callahan Horn Ros-Lehtinen The question was taken; and the Calvert Hostettler Roth cratic Caucus: Camp Houghton Royce Speaker pro tempore announced that DEMOCRATIC CAUCUS, Canady Hutchinson Salmon the noes appeared to have it. HOUSE OF REPRESENTATIVES, Castle Hyde Sanford Mr. BOEHNER. Mr. Speaker, on that Chabot Inglis Saxton Washington, DC, June 27, 1995. Chambliss Istook Scarborough Hon. NEWT GINGRICH, I demand the yeas and nays. Chapman Johnson (CT) Schaefer Speaker, The yeas and nays were ordered. Chenoweth Johnson, Sam Schiff U.S. House of Representatives, The vote was taken by electronic de- Christensen Jones Sensenbrenner Washington, DC. Chrysler Kasich Shadegg vice, and there were—yeas 220, nays Coble Kelly Shaw DEAR MR. SPEAKER: This is to inform you 176, not voting 38, as follows: Coburn Kennedy (MA) Shays that Representative Greg Laughlin is no [Roll No. 470] Combest Kim Shuster longer a member of the Democratic Caucus. YEAS—220 Cooley King Skeen Sincerely, Costello Kingston Smith (MI) VIC FAZIO, Allard Dornan Kasich Cox Kleczka Smith (NJ) Chairman. Armey Dreier Kelly Crane Klug Smith (TX) Bachus Duncan Kim Crapo Knollenberg Smith (WA) f Baker (CA) Dunn King Cubin Kolbe Solomon Baker (LA) Ehlers Kingston Cunningham LaHood Souder COMMUNICATION FROM THE Ballenger Ehrlich Klug Davis Largent Stearns Barr Emerson Knollenberg Deal Latham Stockman SPEAKER Barrett (NE) English Kolbe DeLay LaTourette Stump Bartlett Everett LaHood Diaz-Balart Laughlin Talent The SPEAKER pro tempore laid be- Barton Ewing Largent Dickey Lazio Tanner fore the House the following commu- Bass Fawell Latham Doggett Leach Tate nication from the Speaker: Bateman Flanagan LaTourette Doolittle Lewis (CA) Tauzin Bereuter Foley Laughlin Dornan Lewis (KY) Taylor (MS) WASHINGTON, DC, Bilbray Forbes Lazio Doyle Lightfoot Taylor (NC) June 30, 1995. Bilirakis Fowler Leach Dreier Lincoln Tejeda Hon. LARRY COMBEST, Bliley Fox Lewis (CA) Duncan Linder Thornton Chairman, Permanent Select Committee on In- Blute Franks (CT) Lewis (KY) Dunn Livingston Tiahrt telligence, The Capitol, Washington, DC. Boehlert Franks (NJ) Lightfoot Edwards LoBiondo Torkildsen Boehner Frelinghuysen Linder DEAR MR. CHAIRMAN: This is to advise you Ehlers Longley Upton Bonilla Frisa Livingston Ehrlich Lucas Vucanovich that Representative Greg Laughlin’s ap- Bono Funderburk LoBiondo Emerson Luther Walker pointment to the Permanent Select Commit- Brownback Gallegly Longley English Manzullo Walsh tee on Intelligence has been automatically Bryant (TN) Ganske Lucas Everett Martini Wamp vacated pursuant to clause 6(b) of rule X, ef- Bunn Gekas Manzullo Ewing McCollum Watts (OK) fective today. Bunning Gilchrest Martini Fawell McCrery Weldon (FL) Sincerely, Burr Gillmor McCollum Flanagan McHale Weller Burton Gilman McCrery NEWT GINGRICH, Foley McHugh White Buyer Goodlatte McHugh Forbes McInnis Whitfield Speaker of the House of Representatives. Callahan Goodling McInnis Fowler McIntosh Wicker f Calvert Goss McIntosh Fox McKeon Wolf Camp Greenwood McKeon Franks (CT) Menendez Young (AK) Canady Gunderson Metcalf Franks (NJ) Metcalf Young (FL) COMMUNICATION FROM THE Castle Gutknecht Meyers Frelinghuysen Meyers Zeliff SPEAKER Chabot Hall (TX) Miller (FL) Frisa Miller (FL) Zimmer Chambliss Hancock Molinari The SPEAKER pro tempore laid be- Chenoweth Hansen Moorhead NOT VOTING—61 fore the House the following commu- Christensen Hastert Morella Abercrombie Ensign Moakley nication from the Speaker: Chrysler Hayworth Myers Archer Fields (TX) Oberstar Coble Hefley Myrick Baker (CA) Foglietta Payne (VA) WASHINGTON, DC, Coburn Heineman Nethercutt Barton Frost Peterson (FL) June 30, 1995. Collins (GA) Herger Neumann Bateman Furse Pryce Hon. BUD SHUSTER, Combest Hilleary Ney Becerra Graham Quinn Chairman, Committee on Transportation and Cooley Hobson Norwood Berman Hastings (WA) Radanovich Infrastructure, Washington, DC. Cox Hoekstra Nussle Brown (CA) Hayes Rangel Crane Hoke Oxley Bunn Hunter Reynolds DEAR MR. CHAIRMAN: This is to advise you Crapo Horn Packard Clay Jacobs Rose that Representative Greg Laughlin’s election Cremeans Hostettler Parker Clinger Jefferson Roukema to the Committee on Transportation and In- Cubin Houghton Paxon Collins (GA) Lantos Seastrand frastructure has been automatically vacated Cunningham Hutchinson Petri Collins (MI) Lipinski Spence pursuant to clause 6(b) of rule X, effective Davis Hyde Pombo Cremeans Lowey Stenholm Deal Inglis Porter Dellums McDade Thomas today. DeLay Istook Portman Dixon Mfume Thornberry Sincerely, Diaz-Balart Johnson (CT) Quillen Dooley Mica Torres NEWT GINGRICH, Dickey Johnson, Sam Ramstad Engel Miller (CA) Torricelli Speaker of the House of Representatives. Doolittle Jones Regula July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6715 Riggs Smith (MI) Waldholtz b 1742 McKeon Roberts Talent Roberts Smith (NJ) Walker Metcalf Rogers Tate Rogers Smith (TX) Walsh So the House agreed to consider Meyers Rohrabacher Tauzin Rohrabacher Smith (WA) Wamp House Resolution 183. Miller (FL) Ros-Lehtinen Taylor (MS) Molinari Roth Taylor (NC) Ros-Lehtinen Solomon Watt (NC) The result of the vote was announced Roth Souder Watts (OK) Moorhead Royce Thomas Royce Stearns Weldon (FL) as above recorded. Morella Salmon Thornberry Salmon Stockman Weldon (PA) The SPEAKER pro tempore (Mr. Myers Sanford Tiahrt Myrick Saxton Torkildsen Sanford Stump Weller WALKER). Without objection, the mo- Nethercutt Scarborough Upton Saxton Talent White tion to reconsider is laid on the table. Neumann Schaefer Vucanovich Scarborough Tate Whitfield Ney Schiff Waldholtz Schaefer Tauzin Wicker Mr. WATT of North Carolina. Mr. Speaker, I object. Norwood Sensenbrenner Walker Schiff Taylor (NC) Wolf Nussle Shadegg Walsh Sensenbrenner Thomas Young (AK) The SPEAKER pro tempore. Objec- Oxley Shaw Wamp Shadegg Thornberry Young (FL) tion is heard. Packard Shays Watts (OK) Shaw Tiahrt Zeliff Mr. DELAY. Mr. Speaker, I move to Parker Shuster Weldon (FL) Shays Torkildsen Zimmer Paxon Skeen Weldon (PA) Shuster Upton reconsider the vote whereby the ques- Petri Smith (MI) Weller Skeen Vucanovich tion of consideration was decided. Pombo Smith (NJ) White Porter Smith (TX) Whitfield MOTION TO TABLE OFFERED BY MR. BOEHNER NAYS—176 Portman Smith (WA) Wicker Mr. BOEHNER. Mr. Speaker, I move Quillen Solomon Wolf Ackerman Gibbons Olver to lay on the table the motion to re- Radanovich Souder Young (AK) Andrews Gonzalez Ortiz Ramstad Stearns Young (FL) Baesler Gordon Orton consider the vote whereby the question Regula Stockman Zeliff Baldacci Green Owens of consideration was decided. Riggs Stump Zimmer Barcia Gutierrez Pallone The SPEAKER pro tempore. The Barrett (WI) Hall (OH) Pastor NOES—179 Beilenson Hamilton Payne (NJ) question is on the motion offered by the gentleman from Ohio [Mr. Ackerman Gephardt Obey Bentsen Harman Pelosi Andrews Geren Olver Berman Hastings (FL) Peterson (MN) BOEHNER] to lay on the table the mo- Baesler Gibbons Ortiz Bevill Hayes Pickett tion offered by the gentleman from Baldacci Gonzalez Orton Bishop Hefner Pomeroy Texas [Mr. DELAY] to reconsider the Barcia Gordon Owens Bonior Hilliard Poshard vote. Barrett (WI) Green Pallone Borski Hinchey Rahall Beilenson Gutierrez Pastor Boucher Holden Rangel The question was taken; and the Bentsen Hall (OH) Payne (NJ) Brewster Hoyer Reed Speaker pro tempore announced that Berman Hamilton Pelosi Browder Jackson-Lee Richardson the ayes appeared to have it. Bevill Harman Peterson (MN) Brown (FL) Johnson (SD) Rivers Bishop Hastings (FL) Pickett Brown (OH) Johnson, E. B. Roemer RECORDED VOTE Bonior Hefner Pomeroy Bryant (TX) Johnston Roybal-Allard Mr. WATT of North Carolina. Mr. Borski Hilliard Poshard Boucher Hinchey Cardin Kanjorski Rush Speaker, I demand a recorded vote. Rahall Chapman Kaptur Sabo Brewster Holden Rangel Browder Hoyer Clay Kennedy (MA) Sanders A recorded vote was ordered. Reed Brown (FL) Jackson-Lee Clayton Kennedy (RI) Sawyer The vote was taken by electronic de- Richardson Brown (OH) Jacobs Rivers Clement Kennelly Schroeder vice, and there were—ayes 222, noes 179, Bryant (TX) Johnson (SD) Roemer Clyburn Kildee Schumer Cardin Johnson, E. B. not voting 33, as follows: Rose Coleman Kleczka Scott Chapman Johnston [Roll No. 471] Roybal-Allard Collins (IL) Klink Serrano Clay Kanjorski Rush Collins (MI) LaFalce Sisisky AYES—222 Clayton Kaptur Sabo Condit Levin Skaggs Clement Kennedy (MA) Allard Cubin Hefley Sanders Conyers Lewis (GA) Skelton Clyburn Kennedy (RI) Armey Cunningham Heineman Sawyer Costello Lincoln Slaughter Coleman Kennelly Bachus Davis Herger Schroeder Coyne Lofgren Spratt Collins (IL) Kildee Baker (CA) Deal Hilleary Schumer Cramer Lowey Stark Collins (MI) Kleczka Baker (LA) DeLay Hobson Scott Danner Luther Stokes Ballenger Diaz-Balart Hoekstra Condit Klink Conyers LaFalce Serrano de la Garza Maloney Studds Barr Dickey Hoke Sisisky DeFazio Manton Stupak Barrett (NE) Doolittle Horn Costello Levin Coyne Lewis (GA) Skaggs DeLauro Markey Tanner Bartlett Dornan Hostettler Skelton Deutsch Martinez Taylor (MS) Barton Dreier Houghton Cramer Lincoln Danner Lofgren Slaughter Dicks Mascara Tejeda Bass Duncan Hutchinson de la Garza Lowey Spratt Dingell Matsui Thompson Bateman Dunn Hyde DeFazio Luther Stark Doggett McCarthy Thornton Bereuter Ehlers Inglis Stokes Bilbray Ehrlich Istook DeLauro Maloney Doyle McDermott Thurman Dellums Manton Studds Durbin McHale Torres Bilirakis Emerson Johnson (CT) Stupak Bliley English Johnson, Sam Deutsch Markey Edwards McKinney Traficant Dicks Martinez Tanner Engel McNulty Velazquez Blute Everett Jones Tejeda Boehlert Ewing Kasich Dingell Mascara Eshoo Meehan Vento Thompson Boehner Fawell Kelly Dixon Matsui Evans Meek Visclosky Doggett McCarthy Thornton Bonilla Flanagan Kim Thurman Farr Menendez Volkmer Bono Foley Doyle McDermott King Torres Fattah Miller (CA) Ward Brownback Forbes Kingston Durbin McHale Traficant Fazio Mineta Waters Bryant (TN) Fowler Klug Edwards McKinney Velazquez Fields (LA) Minge Waxman Bunn Fox Knollenberg Engel McNulty Vento Filner Mink Williams Bunning Franks (CT) Kolbe Ensign Meehan Visclosky Flake Mollohan Wilson Burr Franks (NJ) LaHood Eshoo Meek Volkmer Ford Montgomery Wise Burton Frelinghuysen Largent Evans Mica Ward Frank (MA) Moran Woolsey Buyer Frisa Latham Farr Miller (CA) Waters Furse Murtha Wyden Callahan Funderburk LaTourette Fattah Mineta Fazio Minge Watt (NC) Gejdenson Nadler Wynn Calvert Gallegly Laughlin Fields (LA) Mink Waxman Gephardt Neal Yates Camp Ganske Lazio Filner Mollohan Wilson Geren Obey Canady Gekas Leach Castle Gilchrest Lewis (CA) Flake Montgomery Wise Ford Moran Woolsey NOT VOTING—38 Chabot Gillmor Lewis (KY) Chambliss Gilman Lightfoot Frank (MA) Murtha Wyden Abercrombie Hastings (WA) Pryce Chenoweth Goodlatte Linder Furse Nadler Wynn Archer Hunter Quinn Christensen Goodling Livingston Gejdenson Neal Yates Becerra Jacobs Radanovich Chrysler Goss LoBiondo Brown (CA) Jefferson Reynolds Coble Greenwood Longley NOT VOTING—33 Clinger Lantos Rose Coburn Gunderson Lucas Abercrombie Frost Menendez Dellums Lipinski Roukema Collins (GA) Gutknecht Manzullo Archer Graham Mfume Dixon McDade Seastrand Combest Hall (TX) Martini Becerra Hastings (WA) Moakley Dooley Mfume Spence Cooley Hancock McCollum Brown (CA) Hunter Oberstar Ensign Mica Stenholm Cox Hansen McCrery Clinger Jefferson Payne (VA) Fields (TX) Moakley Torricelli Crane Hastert McHugh Dooley Lantos Peterson (FL) Foglietta Oberstar Towns Crapo Hayes McInnis Fields (TX) Lipinski Pryce Cremeans Hayworth McIntosh Foglietta McDade Quinn Frost Payne (VA) Tucker Graham Peterson (FL) H 6716 CONGRESSIONAL RECORD — HOUSE July 10, 1995 Reynolds Spence Towns Visclosky Waxman Wyden b 1819 Roukema Stenholm Tucker Volkmer Williams Wynn Seastrand Torricelli Williams Ward Wilson Yates Mr. VOLKMER changed his vote Waters Wise from ‘‘present’’ to ‘‘aye.’’ b 1759 Watt (NC) Woolsey So the motion to table was not So the motion to lay the motion to agreed to. NOES—229 reconsider the vote on the table was The result of the vote was announced agreed to. Allard Frisa Myers Armey Funderburk Myrick as above recorded. The result of the vote was announced Bachus Gallegly Nethercutt The SPEAKER pro tempore. Without as above recorded. Baker (CA) Ganske Neumann objection, a motion to reconsider is Baker (LA) Gekas Ney MOTION TO LAY THE RESOLUTION ON THE TABLE laid on the table. Ballenger Gilchrest Norwood OFFERED BY MR. WATT OF NORTH CAROLINA Mr. FRANK of Massachusetts. Mr. Barr Gillmor Nussle Mr. WATT of North Carolina. Mr. Barrett (NE) Gilman Oxley Speaker, I object. Speaker, I offer a privileged motion. Bartlett Goodlatte Packard The SPEAKER pro tempore (Mr. The Clerk read as follows: Barton Goodling Parker WALKER). Objection is heard. Bass Goss Paxon Mr. WATT of North Carolina moves Mr DELAY. Mr. Speaker, I move to Bateman Greenwood Petri reconsider the vote. to lay the resolution on the table. Bereuter Gunderson Pombo The SPEAKER pro tempore (Mr. Bilbray Gutknecht Porter MOTION TO TABLE OFFERED BY MR. BOEHNER WALKER). The question is on the mo- Bilirakis Hall (TX) Portman Mr. BOEHNER. Mr. Speaker. I move Bliley Hancock Quillen to table the motion to reconsider. tion offered by the gentleman from Blute Hansen Radanovich North Carolina [Mr. WATT] to lay the Boehlert Hastert Ramstad The SPEAKER pro tempore. The resolution on the table. Boehner Hastings (WA) Regula question is on the motion offered by The question was taken; and the Bonilla Hayes Riggs the gentleman from Ohio [Mr. Speaker pro tempore announced that Bono Hayworth Roberts BOEHNER] to lay on the table the mo- Brewster Hefley Rogers tion to reconsider offered by the gen- the noes appears to have it. Brownback Heineman Rohrabacher E AY RECORDED VOTE Bryant (TN) Herger Ros-Lehtinen tleman from Texas [Mr. D L ]. The question was taken; and the Mr. WATT of North Carolina. Mr. Bunn Hilleary Roth Bunning Hobson Royce Speaker pro tempore announced that Speaker, I demand a recorded vote. Burr Hoekstra Salmon the noes appeared to have it. A recorded vote was ordered. Burton Hoke Sanford Buyer Horn Saxton Mr. BOEHNER. Mr. Speaker, on that The vote was taken by electronic de- I demand the yeas and nays. vice, and there were—ayes 178, noes 229, Callahan Hostettler Scarborough Calvert Houghton Schaefer The yeas and nays were ordered. not voting 27 as follows: Camp Hutchinson Schiff The vote was taken by electronic de- [Roll No. 472] Canady Hyde Seastrand vice, and there were—yeas 230, nays Castle Inglis Sensenbrenner AYES—178 Chabot Istook Shadegg 180, not voting 24, as follows: Ackerman Ford Mink Chambliss Johnson (CT) Shaw [Roll No. 473] Andrews Furse Mollohan Chenoweth Johnson, Sam Shays YEAS—230 Baesler Gejdenson Montgomery Christensen Jones Shuster Baldacci Gephardt Moran Chrysler Kasich Skeen Allard Deal Horn Barcia Geren Murtha Clinger Kelly Smith (MI) Armey DeLay Hostettler Barrett (WI) Gibbons Nadler Coble Kim Smith (NJ) Bachus Diaz-Balart Houghton Beilenson Gonzalez Neal Baker (CA) Dickey Hutchinson Coburn King Smith (TX) Bentsen Gordon Oberstar Baker (LA) Doolittle Hyde Collins (GA) Kingston Smith (WA) Berman Green Obey Ballenger Dornan Inglis Combest Klug Solomon Bevill Gutierrez Olver Barr Dreier Istook Bishop Hall (OH) Ortiz Cooley Knollenberg Souder Barrett (NE) Duncan Johnson (CT) Bonior Hamilton Orton Cox Kolbe Stearns Bartlett Dunn Johnson, Sam Borski Harman Owens Crane LaHood Stockman Barton Ehlers Jones Boucher Hastings (FL) Pallone Crapo Largent Stump Bass Ehrlich Kasich Browder Hefner Pastor Cremeans Latham Talent Bateman Emerson Kelly Brown (FL) Hilliard Payne (VA) Cubin LaTourette Tate Bereuter English Kim Brown (OH) Hinchey Pelosi Cunningham Laughlin Tauzin Bilbray Everett King Bryant (TX) Holden Peterson (MN) Davis Lazio Taylor (MS) Bilirakis Ewing Kingston Cardin Hoyer Pickett Deal Leach Taylor (NC) Bliley Fawell Klug Chapman Jackson-Lee Pomeroy DeLay Lewis (CA) Thomas Blute Flanagan Knollenberg Clay Jacobs Poshard Diaz-Balart Lewis (KY) Thornberry Boehlert Foley Kolbe Clayton Johnson (SD) Rahall Dickey Lightfoot Tiahrt Boehner Forbes LaHood Clement Johnson, E. B. Rangel Doolittle Linder Torkildsen Bonilla Fowler Largent Clyburn Johnston Reed Dornan Livingston Upton Bono Fox Latham Coleman Kanjorski Richardson Dreier LoBiondo Vucanovich Brewster Franks (CT) LaTourette Collins (IL) Kaptur Rivers Brownback Franks (NJ) Laughlin Duncan Longley Waldholtz Collins (MI) Kennedy (MA) Roemer Bryant (TN) Frelinghuysen Lazio Dunn Lucas Walker Condit Kennedy (RI) Rose Bunn Frisa Leach Conyers Kennelly Roybal-Allard Ehlers Manzullo Walsh Bunning Funderburk Lewis (CA) Costello Kildee Rush Ehrlich Martini Wamp Burr Gallegly Lewis (KY) Coyne Kleczka Sabo Emerson McCollum Watts (OK) Burton Ganske Lightfoot Cramer Klink Sanders English McCrery Weldon (FL) Buyer Gekas Linder Danner LaFalce Sawyer Everett McDade Weldon (PA) Callahan Gilchrest Livingston de la Garza Levin Schroeder Ewing McHugh Weller Calvert Gillmor LoBiondo DeFazio Lewis (GA) Schumer Fawell McInnis White Camp Gilman Longley DeLauro Lincoln Scott Flanagan McIntosh Whitfield Canady Goodlatte Lucas Dellums Lofgren Serrano Foley McKeon Wicker Castle Goodling Manzullo Deutsch Lowey Sisisky Forbes Metcalf Wolf Chabot Goss Martini Dicks Luther Skaggs Fowler Meyers Young (AK) Chambliss Greenwood McCollum Dingell Maloney Skelton Fox Mica Young (FL) Chenoweth Gunderson McCrery Dixon Manton Slaughter Frank (MA) Miller (FL) Zeliff Christensen Gutknecht McDade Doggett Markey Spratt Franks (CT) Molinari Zimmer Chrysler Hall (TX) McHugh Doyle Martinez Stark Franks (NJ) Moorhead Clinger Hancock McInnis Durbin Mascara Stokes Coble Hansen McIntosh Frelinghuysen Morella Edwards Matsui Studds Coburn Hastert McKeon Engel McCarthy Stupak Collins (GA) Hastings (WA) Metcalf Ensign McDermott Tanner NOT VOTING—27 Combest Hayes Meyers Eshoo McHale Tejeda Abercrombie Hunter Pryce Cooley Hayworth Mica Evans McKinney Thompson Archer Jefferson Quinn Cox Hefley Miller (FL) Farr McNulty Thornton Becerra Lantos Reynolds Crane Heineman Molinari Fattah Meehan Thurman Brown (CA) Lipinski Roukema Crapo Herger Moorhead Fazio Meek Torres Dooley Menendez Spence Cremeans Hilleary Morella Fields (LA) Miller (CA) Traficant Fields (TX) Mfume Stenholm Cubin Hobson Myers Filner Mineta Velazquez Foglietta Moakley Torricelli Cunningham Hoekstra Myrick Flake Minge Vento Davis Hoke Nethercutt Frost Payne (NJ) Towns Graham Peterson (FL) Tucker July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6717 Neumann Saxton Taylor (MS) b 1837 remind all Members that it has been a Ney Scarborough Taylor (NC) longstanding tradition and precedent Norwood Schaefer Thomas Mr. NEUMANN and Mr. SMITH of Nussle Schiff Thornberry Texas changed their vote from ‘‘nay’’ of the House that each party respects Oxley Seastrand Tiahrt to ‘‘yea.’’ the rights of the other in appointing its Packard Sensenbrenner Torkildsen Mr. ENSIGN changed his vote from own Members to standing committees Parker Shadegg Upton ‘‘present’’ to ‘‘nay.’’ of the House. Paxon Shaw Vucanovich What has gone on tonight in the Petri Shays Waldholtz So the motion to table was agreed to. Pombo Shuster Walker The result of the vote was announced politicization of this process by the mi- Porter Skeen Walsh as above recorded. nority party I think makes a sad day Portman Smith (MI) Wamp The SPEAKER pro tempore. The gen- for this institution. While the minority Quillen Smith (NJ) Watts (OK) tleman from Ohio [Mr. BOEHNER] is rec- party may think they are scoring polit- Radanovich Smith (TX) Weldon (FL) Ramstad Smith (WA) Weldon (PA) ognized for 1 hour. ical points or are somehow engaged in Regula Solomon Weller Mr. BOEHNER. Mr. Speaker, for the some highly principled moralistic ac- Riggs Souder White purpose of debate only, I yield 15 min- tion, I think the facts speak otherwise. Roberts Spence Whitfield utes to the gentleman from Missouri Perhaps the saddest part of the cha- Rogers Stearns Wicker [Mr. GEPHARDT], the minority leader. rade tonight is that the minority party Rohrabacher Stockman Wolf Mr. Speaker, I yield myself such time Ros-Lehtinen Stump Young (AK) seems to have no concern that their Roth Talent Young (FL) as I may consume. dilatory tactics hurt not us in the ma- Royce Tanner Zeliff Mr. Speaker, as chairman of the Re- jority, but instead grind to a halt the Salmon Tate Zimmer publican Conference, I am pleased to consideration of the people’s business Sanford Tauzin welcome the gentleman from Texas, here in the people’s House. Mr. GREG LAUGHLIN, to our party. Mr. NAYS—180 To my colleagues on the other side of LAUGHLIN saw fit several weeks ago to the aisle, let me be perfectly clear. We Ackerman Geren Obey Andrews Gibbons Olver change parties here in the House of will not see this institution or this Na- Baesler Gonzalez Ortiz Representatives, and we are glad to tion’s business grind to a halt because Baldacci Gordon Orton have him on our side of the aisle. of the childish temper tantrum by Barcia Green Owens As a result, about a week and a half some Members on the other side of the Barrett (WI) Gutierrez Pallone ago, the Republican conference did in Beilenson Hall (OH) Pastor aisle. We will do what is necessary to Bentsen Hamilton Payne (VA) fact vote by unanimous vote to place assure an orderly consideration of the Berman Harman Pelosi the gentleman from Texas [Mr. people’s business here in the people’s Bevill Hastings (FL) Peterson (MN) LAUGHLIN] on the Committee on Ways House. Bishop Hefner Pickett and Means. To my colleagues on the Bonior Hilliard Pomeroy Mr. Speaker, I reserve the balance of Borski Hinchey Poshard other side of the aisle who appear to my time. Boucher Holden Rahall have some chagrin over the fact we are b Browder Hoyer Rangel placing Mr. LAUGHLIN on the Commit- 1845 Brown (FL) Jackson-Lee Reed tee on Ways and Means, I would point Mr. GEPHARDT. I yield myself such Brown (OH) Jacobs Richardson Bryant (TX) Johnson (SD) Rivers out that today Republicans hold about time as I may consume. Cardin Johnson, E.B. Roemer 58 percent of the seats on the Commit- Mr. Speaker, I would like to respond Chapman Johnston Rose tee on Ways and Means. It has been to the case that the distinguished gen- Clay Kanjorski Roybal-Allard since 1923 that the majority party has tleman from Ohio has made on behalf Clayton Kaptur Rush Clement Kennedy (MA) Sabo had less than 60 percent of the votes on of the Republican side. I would like to Clyburn Kennedy (RI) Sanders the Committee on Ways and Means. respond to both what is happening here Coleman Kennelly Sawyer Historically, that percentage has been procedurally and what is happening Collins (IL) Kildee Schroeder a 60 to 40 split between the majority substantively. Collins (MI) Kleczka Schumer Condit Klink Scott and minority on the Committee on First, the procedure: The gentleman Conyers LaFalce Serrano Ways and Means. is correct in saying that in past Con- Costello Levin Sisisky Even after we add Mr. LAUGHLIN to gresses there has been a desire on the Coyne Lewis (GA) Skaggs the committee, we will still be slightly part of the majority party on certain Cramer Lincoln Skelton Danner Lofgren Slaughter less than the 60 percent that has been key committees to have a larger ratio de la Garza Lowey Spratt the historical average over the last 70 than the ratio represented by the mem- DeFazio Luther Stark years. As a matter of fact, in 1955 when bers of the House. Many times in the DeLauro Maloney Stenholm Dellums Manton Stokes the Democrat Party took control of past, we have had 60 percent, as Demo- Deutsch Markey Studds this House, and they happened to have crats on the Committee on Ways and Dicks Martinez Stupak 232 Members, the same amount that Means and on the Committee on Rules. Dingell Mascara Tejeda Republicans have today, they had a 60– But I would point out that in all of Dixon Matsui Thompson Doggett McCarthy Thornton 40 majority on the Committee on Ways those times, the ratio that the Demo- Doyle McDermott Thurman and Means. crats represented in the House was Durbin McHale Torres I would further point out that in De- higher than the 53 percent that the Re- Edwards McKinney Traficant cember of this year, when the Repub- publicans now represent as part of the Engel McNulty Velazquez Ensign Meehan Vento licans took control of the House, it was House. Eshoo Meek Visclosky the decision of the Republican leader- Second, when this year started, I did Evans Menendez Volkmer ship that there should in fact be a 60 to go to the Speaker and I said, as a re- Farr Miller (CA) Ward 40 split on the Committee on Ways and sult of the change, we have got five Fattah Mineta Waters Fazio Minge Watt (NC) Means again. After that decision was members of the Committee on Ways Fields (LA) Mink Waxman made, the minority leader, in consulta- and Means who are Democrats who will Filner Mollohan Williams tion with the Speaker and the majority come off. We understood that. That Flake Montgomery Wilson leader, and, frankly, after much whin- was part of changing the guard. But I Ford Moran Wise Frank (MA) Murtha Woolsey ing about it, we decided that to ease asked if the committee could be en- Furse Nadler Wyden their pain in terms of the number of larged so that more of the then-sitting Gejdenson Neal Wynn Democrat members who were going to members of Ways and Means could be Gephardt Oberstar Yates lose their position on the Committee kept on Ways and Means. And, yes, one NOT VOTING—24 on Ways and Means, that we would was allowed to stay, and four were change from the 60 to 40 split that we Abercrombie Graham Peterson (FL) knocked off. Archer Hunter Pryce had decided on, in order to add just a But when we had that discussion, it Becerra Jefferson Quinn Democrat member to their side of the was represented to me that the chair- Brown (CA) Lantos Reynolds aisle on the Committee on Ways and man of the Committee on Ways and Dooley Lipinski Roukema Fields (TX) Mfume Torricelli Means, dropping that percentage down Means, the gentleman from Texas, very Foglietta Moakley Towns to well less than 60 percent. So I would much wanted the committee to stay at Frost Payne (NJ) Tucker H 6718 CONGRESSIONAL RECORD — HOUSE July 10, 1995 the number 21 and 15 represents or 36 Mr. Speaker, I reserve the balance of Even when the Democrat majority and that he in no way would allow the my time. held just 51 percent in the House, they committee to get any larger than that. PARLIAMENTARY INQUIRY received 60 percent of the committee But yet here we come, a few weeks Mr. BOEHNER. Mr. Speaker, I have a seats. With Congressman LAUGHLIN on later, when there is the possibility of parliamentary inquiry. the committee, we will only be at 59. someone switching and this action is The SPEAKER pro tempore (Mr. Again, we are being fairer to them than taken. WALKER). The gentleman will state it. they ever were to us. My colleagues, I think it is wrong. I Mr. BOEHNER. Mr. Speaker, is it my But they say we have 53 percent on think it is wrong from a procedural understanding that the debate on this the floor and 59 percent in the commit- standpoint. It is wrong in terms of the issue should be confined to the resolu- tee. That is unfair they say. Well, let precedents of this House. And I think it tion that is on the floor of the House? me point out that in 1981, following the is wrong for people to be moving with The SPEAKER pro tempore. The Reagan landslide, they had 56 percent this out there. rules and precedents of the House on the floor and 66 in committee, a I am not impugning anyone’s mo- would indicate that debate on the mat- spread of 10 points. We again are fairer tives. Anyone can switch parties at any ter should relate to the matter before to them than they were to us. time. That is a legitimate thing to the House. Eighteen times, eighteen times in have happen. But it should be for the Mr. BOEHNER. Mr. Speaker, I yield 3 this century the spread between the right reasons, not for the wrong rea- minutes to the gentleman from Iowa floor and the committee has exceeded sons. And as long as I am leader on the [Mr. NUSSLE]. or been equal to six points; the most Democratic side, I am going to fight (Mr. NUSSLE asked and was given recent being 1986. Today’s spread is ex- for the rights of the minority on proce- permission to revise and extend his re- actly six points. Again, we are fairer to dure and on ratios on committees, and marks.) them than they were to us. we will continue that fight. Mr. NUSSLE. Mr. Speaker, I thank I think it also should be noted that Let me talk about the substance. the gentleman for yielding time to me. in 1955, the last time the Democrats What I think is really going on here is I, as a member of the Committee on had 232 seats, which is what we have, an attempt, as was pointed out in the Ways and Means, am delighted today the Democrats held 60 percent of the Washington Times on Friday, June 30, to welcome our newest Republican, the committee. Once more, we are fairer to 1995, to add a Republican member of gentleman from Texas, Mr. GREG them than they were to us. senior status to shield freshman Re- LAUGHLIN, to the committee and wel- Mr. Speaker, I think that this is publicans from having to vote for deep, come him to the Republican majority going to be very simple. They have deep cuts in Medicare. in the House. I fully expect that this been stung by defects, and they need to I quote, ‘‘Mr. Laughlin likely will resolution will pass and, as a member move on to the business of this coun- provide support for potentially unpopu- of the committee, we are all looking try. lar reductions in Medicare benefits, forward to working with him on the Mr. GEPHARDT. Mr. Speaker, I yield should GOP leaders give three commit- important issues that we know we need such time as he may consume to the tee freshmen, all of whom won with to face this year. distinguished gentleman from Michi- less than 51 percent of the vote, per- He has been superb and hard working gan [Mr. BONIOR], the Democratic whip. mission to vote ‘no.’ ’’ and we know he is going to be a very Mr. BONIOR. Mr. Speaker, I thank My colleagues, what is about to hap- articulate member of the committee. the gentleman for yielding time to me. pen in Medicare are the largest changes As we participate in this debate today, Mr. Speaker, let us not kid ourselves to Medicare in the history of the pro- I think it is important to address some this evening. This debate is about one gram. If the hints we are reading in the of these trumped-up and now glossed- simple thing. And while we may talk weekend press are right, we are talking over charges, trying to deflect the de- about representation on the commit- about huge increases in the premiums bate from the resolution today to scare tee, which, in fact, I believe has been for Medicare recipients. If that is what skewed, this debate is about Medicare. is going on here, a stacking of the com- tactics to senior citizens instead of It is about whether or not we should mittee in order to make sure those what we ought to be talking about, and cut Medicare to provide tax cuts for cuts go through, then this is sub- that is the ratio on the Committee on the wealthiest people in our society. It stantively wrong. If Members on your Ways and Means, not some trumped-up is about whether or not we should dou- side of the aisle believe in these kinds political charge that the minority of changes in Medicare, everybody leader or anybody else decides that ble Medicare premiums to give a tax should vote for it. Why should we be they are going to do today. break to the wealthiest corporations in shielding Members from voting for Mr. Speaker, our chairman, the gen- America. The Republicans have proposed mas- these kinds of cuts? tleman from Texas [Mr. ARCHER], has Finally, let me tell you what I really been and will continue to be very fair sive tax breaks for the wealthy, and think is going on here. In reading the to the Democrats, more fair than they they came out of the Committee on comments of leaders on the Republican were to us when we were in the minor- Ways and Means. To pay for them, they side for some time now, not just lately, ity. Despite the hysteria coming from have proposed the biggest cuts in Medi- I think there is an effort here to make some on the minority side, we do not care, the biggest cuts in Medicare in Medicare a voluntary program. I think intend to let those distortions and ex- the history of this Republic. there is an effort to get rid of Medi- aggerations stop us from managing the POINT OF ORDER care. I think that is what is really at committee in a fair-minded and a fair- Mr. BOEHNER. Mr. Speaker, I rise to stake. handed way that earns the respect of make a point of order. What I am really concerned about is the American people. The SPEAKER pro tempore. The gen- that these deep, important changes in First let us talk about the record, tleman will state his point of order. Medicare are going to try to be slipped about the history of this committee, Mr. BOEHNER. Mr. Speaker, I make through in 3 or 4 days in September. If which was so glossed over in the last a point of order that the gentleman is we are going to have changes in this statement. Let me state for the record not speaking to the relevant issue at program of this kind, bring the changes that the addition of Congressman head. I make a point of order that the out now in July. Give the American LAUGHLIN to the committee will hold gentleman in the well, the minority people the right to know what is hap- Republicans to 59 percent of the seats whip, is not talking to the relevant pening to this program. Make them on the Committee on Ways and Means. issue at hand that is in the debate part of this debate. Let them be part of Not since 1923—the Republicans were in today. The issue is the seating of the the vote of what happens to Medicare. the majority, by the way, 1923—has the gentleman from Texas [Mr. LAUGHLIN] We should not change this program majority party enjoyed less than 60 on the Committee on Ways and Means. and make it voluntary without involv- percent of the seats on the Committee The gentleman proceeded, as others be- ing the American people. And I can tell on Ways and Means, regardless of the fore him have, to talk about the issue you, this party will fight those changes majority ratio in the House of Rep- of Medicare, which is not the subject of every step of the way. resentatives. debate. As I understand the rules of the July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6719 House, the gentleman should be re- is proceeding in order to take care of that the majority is raising is that we quired to speak to the issue that is on the needs of the people in this country have been shut out from active partici- the floor. who depend upon Medicaid. pation on this committee as a result of The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The gen- the ratios in which the minority, which tleman makes a point of order that en- tleman is reminded that proceeding in was represented, by the way, by the gaging in debate should be on the topic order is proceeding under the rules of comments of the Speaker just a few before the House. The gentleman in the the House, and the Chair would request seconds ago, which have shackled the well is reminded that the debate topic the gentleman to abide by the rules of Members of the minority from express- before the House is the resolution with debate in the House of Representatives. ing their views on these key questions. regard to membership on the commit- Mr. BONIOR. Mr. Speaker, I would We are here to say that the questions tee and debate should be confined to like to pose a question to the Speaker on that committee, the jurisdictional that subject matter. then. The question is this, how does the questions of Medicare and Medicaid, Mr. BONIOR. Mr. Speaker, I would Speaker intend to separate those who are too important, Mr. Speaker, for us say to the Members that the members serve on the committee from the juris- to be shackled. who serve on that committee will de- diction which they have on that com- Mr. Speaker, the gentleman from termine that fate of literally 40 million mittee? What is the dividing line? Iowa [Mr. NUSSLE] came to the well a Americans on Medicare. There is no Would the Chair give a ruling to this few minutes ago and gave some statis- way you can divide or divorce the issue Member on where the dividing line is? tics. What he did not tell us is that in the last 10 years, the difference be- of who sits on that committee and the b 1900 issue of what tax breaks are given, tween the majority representation and what tax breaks are taken away, what The SPEAKER pro tempore (Mr. the number of people on the Committee Medicare benefits are given, what Med- WALKER). The resolution before the on Ways and Means is much, much, icare benefits are taken away, what House is on the election of the gen- much different than what he alluded Medicaid benefits are given, what Med- tleman from Texas [Mr. LAUGHLIN] to to. In the 100th Congress, Democrats icaid benefits are taken away. They are the committee. The subject matter be- had 59 percent of this body, and in that bound together. fore the House is not what he plans to same Congress, we had 62 percent on As last Saturday’s Washington Times do once he joins the committee. The the Committee on Ways and Means, a pointed out, they want to raise the gentleman will confine himself to the difference of about 3 percent. Medicaid premiums, those who serve on issue before the House. In the 101st Congress the difference that committee, by 110 million a Mr. HOYER. Mr. Speaker, will the was 5 percent. In the 100 and 102d it was month, my Republican colleagues, that Speaker yield to pursue that question? 2.35 percent, and in the 103d Congress it The SPEAKER pro tempore. The gen- is. And to pass their plan, they are try- was 3.9 percent. In this Congress, with tleman from Michigan [Mr. BONIOR] ing, Mr. Speaker, to stack the commit- the addition of the gentleman from controls the time. tee that will vote on it. Texas [Mr. LAUGHLIN] to the commit- The SPEAKER pro tempore. The gen- PARLIAMENTARY INQUIRY tee, it will be 6.4 percent. That is not tleman is requested by the Chair to Mr. HOYER. Parliamentary inquiry, fair. That is not right. proceed in order. Mr. Speaker. I would say to the Speaker that he, Mr. BONIOR. As this Washington The SPEAKER pro tempore. Does the as well as others in this party, have Times article points out, ‘‘Mr. gentleman from Michigan [Mr. BONIOR] said on numerous occasions, numerous Laughlin will provide support for po- yield for a parliamentary inquiry? occasions to this body, that there Mr. HOYER. He does not have to, I do tentially unpopular reductions in Med- should be an equal proportionate rep- not believe, Mr. Speaker. icare benefits, should the GOP leaders resentation between the number of The SPEAKER pro tempore. The gen- give three committee freshman, all of Members who are in this full body and tleman from Michigan controls the whom won with less than 51 percent of those who serve on committees. Yet, time. Does the gentleman from Michi- vote, permission to vote no.’’ Which here we go, with an egregious padding gan yield for a parliamentary inquiry? raises the question, which raises the or stacking of the committee. Mr. BONIOR. I yield to the gen- Mr. Speaker, I want to say on behalf question, what will Mr. LAUGHLIN do on tleman from Maryland [Mr. HOYER]. of my colleagues that we will not this committee? Will he cover for these Mr. HOYER. Mr. Speaker, I do not stand, we will not stand, to have $40 three freshmen? It is an interesting want to ask the gentleman to use his million Americans disenfranchised on question. Mr. LAUGHLIN ought to tell time for a parliamentary inquiry. key votes with respect to their health the American people. He ought to tell The SPEAKER pro tempore. The gen- care. We will not stand for the same the people of the district what are his tleman from Michigan controls the type of activities with respect to tax intentions with respect to Medicare, if time. According to the rules of the cut for the very wealthy in this coun- he is going to serve as a member of this House, the gentleman from Michigan try, and on Medicaid. committee. will have to yield. Mr. Speaker, let me just conclude my POINT OF ORDER Mr. HOYER. Parliamentary inquiry, suggesting that we say no to this Mr. BOEHNER. Mr. Speaker, I rise to Mr. Speaker. Is it the Speaker’s ruling resolution, and that the leader and the a point of order. that I cannot raise a parliamentary in- Speaker and the majority leader get The SPEAKER pro tempore. The gen- quiry unless the gentleman yields to together and figure out a way to give tleman will state his point of order. me? Is it the Speaker’s ruling that fair representation, in the spirit in Mr. BOEHNER. Mr. Speaker, I make somebody cannot make a parliamen- which the gentleman from Pennsylva- a point of order that the gentleman in tary inquiry? nia [Mr. WALKER] advocated that rep- the well is questioning the motives of The SPEAKER pro tempore. The gen- resentation lo the many years that he the gentleman that is in question on tleman from Maryland is correct. As was in the minority. the resolution appointing him to the long as the gentleman from Michigan Mr. GEPHARDT. Mr. Speaker, I re- committee. controls the floor, he would have to serve the balance of my time. The SPEAKER pro tempore. The gen- yield to the gentleman from Maryland Mr. BOEHNER. Mr. Speaker, I yield 1 tleman at this point has not named for a parliamentary inquiry. The gen- minute to the gentleman from Arizona any member of the Committee on Ways tleman from Ohio [Mr. BOEHNER] raised [Mr. HAYWORTH]. and Means. The gentleman is reminded, a point of order, after his parliamen- Mr. HAYWORTH. Mr. Speaker, I however, that he has an obligation to tary inquiry. The gentleman from thank the gentleman from Ohio for the rules of the House to proceed in Michigan [Mr. BONIOR] would have to yielding time to me. order. yield for the purpose of a parliamen- Mr. Speaker, it is absolutely fas- Mr. BONIOR. The gentleman from tary inquiry. cinating to listen to the guardians of Michigan is indeed proceeding in order. Mr. BONIOR. Mr. Speaker, I yield the old order, the new minority, He is proceeding in order of the needs myself such time as I may consume. espouse a form of institutional amne- and the will of 40 million Americans Mr. Speaker, I think people are get- sia. I may not have been here in pre- who are concerned about Medicare. He ting the message here. The message vious Congresses, but thanks to C– H 6720 CONGRESSIONAL RECORD — HOUSE July 10, 1995

SPAN and thanks to the history books, from Texas [Mr. LAUGHLIN] to our com- order is that unless the Speaker has we can take a look and we can see what mittee and to our party, an event so taken the words of the gentleman from happened time and again in this Cham- seismic that it has made the minority Michigan to heart, that violates the ber. Debate was shut up. People were leader an advocate of minority rights subject of the Speaker’s previous in- stifled. We had a decision that existed on the House floor, and made the mi- structions, Mr. Speaker. It is off the that was egregious. nority leader a reader of the Washing- point of the issue of appointing the POINT OF ORDER ton Times, which is extraordinary. gentleman from Texas [Mr. LAUGHLIN]. Mr. BONIOR. Point of order, Mr. Mr. Speaker, I realize that some of The SPEAKER pro tempore. The gen- Speaker. The gentleman is not talking the speakers on the other side have tleman from New York [Mr. PAXON] is about the resolution and he is off the tried to stay on message and frighten reminded he must proceed in order. issue. senior citizens, but what they have Mr. PAXON. Mr. Speaker, the truth The SPEAKER pro tempore. The gen- omitted and what I would like to say is about this whole committee’s assign- tleman from Arizona [Mr. HAYWORTH] that the gentleman from Texas [Mr. ment brouhaha brought up by our must confine himself to the subject LAUGHLIN] is qualified, he is a prin- friends across the aisle is that the lib- matter of the resolution before the cipled advocate of taxpayers, and that eral leadership wants conservative bod- House. is why so many here are opposed to ies in their caucus but does not want to Mr. HAYWORTH. Mr. Speaker, I lis- him. He is an effective leader who has deliver for them on this House floor. tened with great interest, and I thank a skill that he demonstrated, prior to Now they are angry that the gentleman the ruling of the Chair, and I thank my switching, of working across party from Texas, GREG LAUGHLIN, the gen- friend who is the whip on the other lines, and that is something that ought tleman from Georgia, NATHAN DEAL, side. to be learned on the other side. RICHARD SHELBY, Senator CAMPBELL, I would also point out that what is Additionally, they have left out the and about 100 State and local Demo- past is prologue. That is written across fact that this ratio is fair, even if it is crats have switched parties. That is the forum in the National Achieves, annoying to the advocates of higher what this debate is about here. and it is true. The fact is, and this is taxes and the opponents of welfare re- POINT OF ORDER absolutely germane, not since 1923 has form. The American people will not be Mr. FRANK of Massachusetts. Point the majority party enjoyed less than 60 fooled. of order, Mr. Speaker. This clearly vio- percent of the seats on the Committee Mr. GEPHARDT. Mr. Speaker, I yield lates the spirit of the Speaker’s pre- on Ways and Means. Mr. Speaker, with 1 minute to the gentleman from Michi- vious instructions. I would like to be the addition of the gentleman from gan [Mr. BONIOR]. clear that unless we are going to have Texas [Mr. LAUGHLIN] we are at 59 per- Mr. BONIOR. Mr. Speaker, I rise for one test of rules for this party and an- cent. the purpose of letting my friend, the other set of rules for the other, that To my friends on the other side of gentleman from Pennsylvania and the clearly violates what the gentleman the aisle, Mr. Speaker, it is absolutely Speaker at the present time in the stated to the gentleman from Michigan germane to realize this fact. There is a House of Representatives, know of the [Mr. BONIOR]. new majority exercising the will of the words of his friend, the Speaker of the The SPEAKER pro tempore. The American people. Get over it. Help us House, the gentleman from Georgia Chair had reminded Members on both govern. [Mr. GINGRICH]. sides of the aisle when the question has Mr. GEPHARDT. Mr. Speaker, I yield The gentleman from Georgia said on been raised that they are to proceed in 1 minute to the gentleman from Mon- September 27, 1990, in the CONGRES- order. The Chair would continue to say tana [Mr. WILLIAMS]. SIONAL RECORD, and I quote: to both sides of the aisle in fairness Mr. WILLIAMS. Mr. Speaker, I thank I would think that the Chair would want to that they must proceed in order on the the gentleman for yielding time to me. accept the fact that in a free country, people resolution. The subject matter under Mr. Speaker, this may not be about often talk very widely about a wide range of discussion is the election of the gen- Medicare, and I do not think it is about issues. We think that freedom of debate and freedom of speech are not only important tleman from Texas [Mr. LAUGHLIN] on party affiliation or moving between when burning the flag, but they are even im- the Committee on Ways and Means. parties. After all, Mr. Speaker, most portant on the House floor. I hope that for That should be the subject of the dis- Americans vote for a variety of can- the rest of the day the Chair, in the spirit of cussion on the floor. didates. Most Americans claim they good humor, will tolerate a certain level of Mr. PAXON. Mr. Speaker, the elec- are, in fact, independent. The election freedom of speech to reflect the nature of the tion of the gentleman from Texas, and the polls show, of course, that House at its best. GREG LAUGHLIN, to a seat on this com- most people, when they make those I would hope that the Speaker would mittee is about putting people on this choices, associates most closely with take his good friend’s words at heart. committee who will stand up for the Democrats in their votes, and when Mr. BOEHNER. Mr. Speaker, I yield 2 right things in this community, in this you poll most independents, they say minutes to the gentleman from New country, and on this floor. I support they believe they lean mostly to the York [Mr. PAXON]. strongly the resolution before us Democratic Party. But this is not Mr. PAXON. Mr. Speaker, when the today. about affiliation. People move between Democrats give a big tax liberal a seat Mr. GEPHARDT. Mr. Speaker, I yield parties all the time. I will bet all of on the Committee on Ways and Means, 1 minute to the gentleman from Ken- Members’ constituents, almost without they call it good government. However, tucky [Mr. WARD]. exception, refuse to vote a straight when Republicans give a smaller tax, Mr. WARD. Mr. Speaker, I thank the party line. smaller government conservative a gentleman from Missouri for yielding This is not about candidates in one seat on the Committee on Ways and time to me. part or the other, one region or the Means, the Democrats say something is Mr. Speaker, I think what we need to other of the country, moving from one wrong with that. The truth is today’s do is remember and remind the folks at party to the other, although I must say debate has nothing to do at all with home who are watching, at least in that both the overtones and the under- selling out or with Medicare or any- Louisville, KY, it is just after dinner- current of the use of race in the South thing else. It has to do with sour time and they may have surfed and by the right is troublesome, and it grapes. ended on C–SPAN, or they may be should be beneath the party of Eisen- For years the Democrats’ liberal watching it on purpose. No matter hower and Lincoln. leadership has used conservatives. which, what we need to remind them is Mr. BOEHNER. Mr. Speaker, I yield 1 They have promised them seats on im- the Committee on Ways and Means, minute to the gentleman from Penn- portant committees, like the Commit- who knows what these words mean, but sylvania [Mr. ENGLISH]. tee on Ways and Means, but when it we know it means the Medicare com- Mr. ENGLISH of Pennsylvania. Mr. came time to deliver, it was not done. mittee, because that is what is going to Speaker, I rise as a Member of the POINT OF ORDER be dealt with in the next 30 days in Committee on Ways and Means, and as Mr. FRANK of Massachusetts. Point that committee. That, according to the a freshman, to welcome the gentleman of order, Mr. Speaker. My point of Washington Times, is one reason that July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6721 is suggested that the Republican ma- [Mr. LAUGHLIN], who was recently a Mr. Speaker, I yield back the balance jority has changed the rules in mid- Democrat, and now a Republican, and of my time, and I move the previous stream. meld him with all of the other Repub- question on the resolution. As I understand it, never before had licans on the committee, who I might The SPEAKER pro tempore (Mr. the majority changed the world in mid- remind the Members represent a per- WALKER). The question is on ordering stream, changed the number, added centage of the total committee less the previous question. somebody, just added somebody to the than the Democrat-Republican ratio The question was taken; and the committee in the middle of the Con- when they were a majority for the en- Speaker pro tempore announced that gress. No. The ratios were set at the tire time I have been on the commit- the noes appeared to have it. beginning and they were kept, so we tee. Mr. BOEHNER. Mr. Speaker, I object have to ask ourselves, was it done, as b 1915 to the vote on the ground that a the Washington Times suggested, in quorum is not present and make the order to save a freshman a tough vote? What is your problem? That you point of order that a quorum is not Mr. BOEHNER. Mr. Speaker, I yield 3 want more Republicans to reflect the present. minutes to the gentleman from Califor- ratio that used to be there? We are not The SPEAKER pro tempore. Evi- nia [Mr. THOMAS]. doing that. That you want Democrats (Mr. THOMAS asked and was given dently a quorum is not present. to quit leaving your party and become The Chair may reduce to 5 minutes permission to revise and extend his re- Republicans? Then change your posi- marks.) the vote on passage of the resolution, if tions. If you do not, if you keep the ordered. Mr. THOMAS. Mr. Speaker, my un- same leadership, advocating the same The Sergeant at Arms will notify ab- derstanding is the resolution in front position, there are going to be more sent Members. of us is whether or not the gentleman Republicans over here before the elec- The vote was taken by electronic de- from Texas [Mr. LAUGHLIN] shall be as- tion by virtue of people continuing to vice, and there were—yeas 233, nays signed to the Committee on Ways and switch. Means. Is that your problem, that you do not 179, not voting 22, as follows: At the beginning the 104th Congress like switchers, or is it that you have no [Roll No. 474] the gentleman from Texas [Mr. substantive point to make and so you YEAS—233 LAUGHLIN] was a Democrat. He cur- are arguing items that are irrelevant? Allard English Lazio rently is a Republican. The ratio on Let’s make the gentleman from Archer Ensign Leach the Committee on Ways and Means is Armey Everett Lewis (CA) Texas [Mr. LAUGHLIN] a member of the 21 to 15. I know for a fact that the Bachus Ewing Lewis (KY) Committee on Ways and Means. chairman of the Committee on Ways Baker (CA) Fawell Lightfoot Mr. GEPHARDT. Mr. Speaker, I yield Baker (LA) Flanagan Linder and Means, the gentleman from Texas our remaining 1 minute to the gen- Ballenger Foley Livingston [Mr. ARCHER], argued long and hard for Barr Fowler LoBiondo tleman from New York [Mr. NADLER]. a ration of 21 to 14. He was denied his Barrett (NE) Fox Longley Mr. NADLER. Mr. Speaker, I want to wishes of that committee ratio by the Bartlett Frank (MA) Lucas talk for the moment about the scope of Barton Franks (CT) Manzullo wisdom of leadership, because the mi- debate on the floor of the House and to Bass Franks (NJ) Martini nority leader begged him to put an- Bateman Frelinghuysen McCollum defend it against the attitude of the other Democrat on. So when we start- Bereuter Frisa McCrery acting Speaker. The resolution before Bilbray Funderburk McDade ed, it was 21 to 15. They got their Dem- the House is the election of the gen- Bilirakis Gallegly McHugh ocrat at the beginning. It was not what Bliley Ganske McInnis tleman from Texas [Mr. LAUGHLIN] to we wanted. Blute Gekas McIntosh If we add the gentleman from Texas the Committee on Ways and Means. Boehlert Gilchrest McKeon When someone is up for election, he Boehner Gillmor Metcalf [Mr. LAUGHLIN] as a Republican, the is a candidate. The candidate’s views Bonilla Gilman Meyers ratio will be 22 to 15. That is still not Bono Goodlatte Mica 60 percent; 21 to 15 is not 60 percent; 22 are relevant, the candidate’s intentions Brewster Goodling Miller (FL) to 15 is not 60 percent. I have been on are relevant. The fact that the inten- Brownback Goss Molinari tions of those who are putting him Bryant (TN) Graham Moorhead the Committee on Ways and Means Bunn Greenwood Morella since 1983. It has been between 63 and 66 there may be to make it easier to enact Bunning Gunderson Myers percent loaded in favor of the majority great cuts in Medicare, they are rel- Burr Gutknecht Myrick in that entire time, so it is not about evant. The fact that the intentions of Burton Hall (TX) Nethercutt those who are putting him there may Buyer Hancock Neumann ratio. Callahan Hansen Ney One of the difficulties we have in ex- be to put someone there who is opposed Calvert Hastert Norwood amining this business of party switch- to taxes, that is relevant. The fact that Camp Hastings (WA) Nussle ers is because in the brief 17 years that they may be doing that because they Canady Hayes Oxley Castle Hayworth Packard I have been in Congress I have never enticed him and because they are sell- Chabot Hefley Parker seen anybody from this side of the aisle ing committee seats for switches in Chambliss Heineman Paxon decide not be a Republican and go over party, if someone wants to say that, Chenoweth Herger Petri that would be relevant. I am not saying Christensen Hilleary Pombo there. In the time that I have been Chrysler Hobson Porter here, I have seen a number of Demo- those things, though I think they are Clinger Hoekstra Portman crats come over here. true. Coble Hoke Quillen One of the reasons we are pleased to The fact that this leadership is doing Coburn Horn Quinn these things is all relevant. Collins (GA) Hostettler Radanovich welcome the gentleman from Texas Combest Houghton Ramstad [Mr. LAUGHLIN] is that we like his posi- Mr. BOEHNER. Mr. Speaker, I yield Cooley Hutchinson Regula tion on the issues. I do not see any- myself our remaining 1 minute. Cox Hyde Riggs thing wrong at all in taking someone Mr. Speaker, the facts are this: The Crane Inglis Roberts Crapo Istook Rogers that you like on the issues and giving facts are that since January of this Cremeans Johnson (CT) Rohrabacher them a position of prominence in areas year, four Democrats, two in the House Cubin Johnson, Sam Ros-Lehtinen in which we are going to have signifi- and two in the Senate, have switched Cunningham Jones Roth parties, more than in any 2-year cycle Davis Kasich Roukema cant votes. Deal Kelly Royce The Committee on Ways and Means in the history of our country. As long DeLay Kim Salmon in this jurisdiction is, with all due re- as they continue to switch parties, Diaz-Balart King Sanford spect as a member of the committee, guess what? We as Republican Mem- Dickey Kingston Saxton Doolittle Klug Scarborough an important committee. It deals with bers, as the majority, have to find a Dornan Knollenberg Schaefer all the taxes. It deals with Social Secu- committee to put them on. Tonight we Dreier Kolbe Schiff rity. It deals with welfare. Yes, it deals are proud to bring to this floor a reso- Duncan LaHood Seastrand lution putting the latest Democrat to Dunn Largent Sensenbrenner with Medicare. Ehlers Latham Shadegg What we want to do is take the issues switch parties on the Committee on Ehrlich LaTourette Shaw position of the gentleman from Texas Ways and Means. Emerson Laughlin Shays H 6722 CONGRESSIONAL RECORD — HOUSE July 10, 1995

Shuster Tauzin Watts (OK) MOTION TO TABLE OFFERED BY MR. BOEHNER Shuster Tauzin Watts (OK) Skeen Taylor (MS) Weldon (FL) Mr. BOEHNER. Mr. Speaker, I move Skeen Taylor (MS) Weldon (FL) Smith (NJ) Taylor (NC) Weldon (PA) Smith (NJ) Taylor (NC) Weldon (PA) Smith (TX) Thomas Weller to lay the motion to reconsider on the Smith (TX) Thomas Weller Smith (WA) Thornberry White table. Smith (WA) Thornberry White Solomon Tiahrt Whitfield The SPEAKER pro tempore. The Solomon Tiahrt Whitfield Souder Torkildsen Souder Torkildsen Wicker question is on the motion offered by Wicker Spence Upton Wolf Spence Upton Wolf Stearns Vucanovich Stearns Vucanovich Young (AK) the gentleman from Ohio [Mr. Young (AK) Stockman Waldholtz Stockman Waldholtz Young (FL) BOEHNER] to lay on the table the mo- Young (FL) Stump Walker Stump Walker Zeliff Zeliff Talent Walsh tion to reconsider offered by the gen- Talent Walsh Tate Wamp Zimmer tleman from Massachusetts [Mr. Tate Wamp Zimmer NAYS—179 FRANK]. The question was taken; and the NOES—181 Ackerman Gonzalez Orton Ackerman Gonzalez Orton Andrews Gordon Speaker pro tempore announced that Owens Andrews Gordon Owens Baesler Green Pallone the ayes appeared to have it. Baesler Green Pallone Baldacci Gutierrez Pastor RECORDED VOTE Baldacci Gutierrez Pastor Barcia Hall (OH) Payne (NJ) Barcia Hall (OH) Payne (NJ) Barrett (WI) Hamilton Payne (VA) Mr. FRANK of Massachusetts. Mr. Barrett (WI) Hamilton Payne (VA) Beilenson Harman Pelosi Speaker, I demand a recorded vote. Beilenson Harman Pelosi Bentsen Hastings (FL) Peterson (MN) A recorded vote was ordered. Bentsen Hastings (FL) Peterson (FL) Berman Hefner Pickett Berman Hefner Peterson (MN) Bevill Hilliard Pomeroy The SPEAKER pro tempore. This is a Bevill Hilliard Pickett Bishop Hinchey Poshard 15-minute vote followed by a possible 5- Bishop Hinchey Pomeroy Bonior Holden Rahall Bonior Holden minute vote. Poshard Borski Hoyer Rangel Borski Hoyer The vote was taken by electronic de- Rahall Boucher Jackson-Lee Reed Boucher Jackson-Lee Rangel Browder Jacobs Richardson vice, and there were—ayes 233, noes 181, Browder Jacobs Brown (FL) Johnson (SD) Rivers not voting 20, as follows: Brown (FL) Johnson (SD) Reed Brown (OH) Johnson, E. B. Richardson Roemer [Roll No. 475] Brown (OH) Johnson, E. B. Bryant (TX) Johnston Rose Bryant (TX) Johnston Rivers Cardin Kanjorski Roybal-Allard AYES—233 Cardin Kanjorski Roemer Chapman Kaptur Rush Chapman Kaptur Rose Clay Kennedy (MA) Allard English Laughlin Sabo Clay Kennedy (RI) Roybal-Allard Clayton Kennedy (RI) Archer Ensign Lazio Sanders Clayton Kennelly Rush Clement Kennelly Armey Everett Leach Sawyer Clement Kildee Sabo Clyburn Kildee Bachus Ewing Lewis (CA) Schroeder Clyburn Kleczka Sanders Coleman Kleczka Baker (CA) Fawell Lewis (KY) Schumer Coleman Klink Sawyer Collins (IL) Klink Baker (LA) Flanagan Lightfoot Scott Collins (IL) LaFalce Schroeder Collins (MI) LaFalce Ballenger Foley Linder Serrano Collins (MI) Levin Schumer Condit Levin Barr Forbes LoBiondo Sisisky Condit Lewis (GA) Scott Conyers Lewis (GA) Barrett (NE) Fowler Longley Conyers Lincoln Serrano Costello Lincoln Skaggs Bartlett Fox Lucas Costello Lipinski Sisisky Coyne Lofgren Skelton Barton Franks (CT) Manzullo Slaughter Bass Franks (NJ) Martini Coyne Lofgren Skelton Cramer Lowey Cramer Lowey Danner Luther Spratt Bateman Frelinghuysen McCollum Slaughter Stenholm Bereuter Frisa McCrery Danner Luther Spratt de la Garza Maloney de la Garza Maloney DeFazio Manton Stokes Bilbray Funderburk McDade Stenholm Studds Bilirakis Gallegly McHugh DeFazio Manton Stokes DeLauro Markey DeLauro Markey Dellums Martinez Stupak Bliley Ganske McInnis Studds Tanner Blute Gekas McIntosh Dellums Martinez Stupak Deutsch Mascara Deutsch Mascara Dicks Matsui Tejeda Boehlert Gilchrest McKeon Tanner Thompson Boehner Gillmor Metcalf Dicks Matsui Tejeda Dingell McCarthy Dingell McCarthy Thornton Bonilla Gilman Meyers Thompson Dixon McDermott Dixon McDermott Thurman Bono Goodlatte Mica Thornton Doggett McHale Doggett McHale Torres Brewster Goodling Miller (FL) Thurman Doyle McKinney Doyle McKinney Torricelli Brownback Goss Molinari Torres Durbin McNulty Durbin McNulty Edwards Meehan Traficant Bryant (TN) Graham Moorhead Torricelli Velazquez Bunn Greenwood Morella Edwards Meehan Engel Meek Engel Traficant Vento Bunning Gunderson Myers Meek Eshoo Menendez Eshoo Menendez Velazquez Visclosky Burr Gutknecht Myrick Evans Miller (CA) Evans Miller (CA) Vento Volkmer Burton Hall (TX) Nethercutt Farr Mineta Farr Mineta Visclosky Ward Buyer Hancock Neumann Fattah Minge Fattah Minge Volkmer Waters Callahan Hansen Ney Fazio Mink Fazio Mink Ward Watt (NC) Calvert Hastert Norwood Fields (LA) Mollohan Fields (LA) Mollohan Waters Waxman Camp Hastings (WA) Nussle Filner Montgomery Filner Montgomery Watt (NC) Williams Canady Hayes Oxley Flake Murtha Flake Moran Waxman Wilson Castle Hayworth Packard Ford Nadler Ford Murtha Williams Wise Chabot Hefley Parker Furse Neal Frank (MA) Nadler Wilson Woolsey Chambliss Heineman Paxon Gejdenson Oberstar Furse Neal Wise Gephardt Obey Wyden Chenoweth Herger Petri Christensen Hilleary Pombo Gejdenson Oberstar Woolsey Geren Olver Wynn Gephardt Obey Wyden Gibbons Ortiz Yates Chrysler Hobson Porter Clinger Hoekstra Portman Geren Olver Wynn NOT VOTING—22 Coble Hoke Quillen Gibbons Ortiz Yates Coburn Horn Quinn Abercrombie Hunter Pryce NOT VOTING—20 Becerra Jefferson Reynolds Collins (GA) Hostettler Radanovich Brown (CA) Lantos Smith (MI) Combest Houghton Ramstad Abercrombie Hunter Reynolds Cooley Hutchinson Regula Dooley Lipinski Stark Becerra Jefferson Skaggs Cox Hyde Riggs Brown (CA) Lantos Fields (TX) Mfume Towns Smith (MI) Crane Inglis Roberts Dooley Livingston Foglietta Moakley Tucker Stark Forbes Moran Crapo Istook Rogers Fields (TX) Mfume Towns Frost Peterson (FL) Cremeans Johnson (CT) Rohrabacher Foglietta Moakley Tucker Cubin Johnson, Sam Ros-Lehtinen Frost Pryce b 1937 Cunningham Jones Roth Davis Kasich Roukema b 1955 So the previous question was ordered. Deal Kelly Royce The result of the vote was announced DeLay Kennedy (MA) Salmon Mr. GEJDENSON changed his vote as above recorded. Diaz-Balart Kim Sanford from ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore (Mr. Dickey King Saxton Doolittle Kingston Scarborough Mr. TALENT changed his vote from WALKER). The question is on the reso- Dornan Klug Schaefer ‘‘no’’ to ‘‘aye.’’ lution. Dreier Knollenberg Schiff Mr. FRANK of Massachusetts. Mr. Duncan Kolbe Seastrand So the motion to table the motion to Speaker, I move to reconsider the vote Dunn LaHood Sensenbrenner reconsider was agreed to. Ehlers Largent Shadegg by which the previous question was or- Ehrlich Latham Shaw The result of the vote was announced dered. Emerson LaTourette Shays as above recorded. July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6723 The SPEAKER pro tempore (Mr. Waldholtz Weldon (PA) Wolf Pursuant to Clause 2(I) of rule XI, Mr. Walker Weller Young (AK) WALKER). The question is on the reso- ARMEY moves that all committees and sub- Walsh White Young (FL) committees of the House be permitted to sit lution. Wamp Whitfield Zeliff for the remainder of the week while the The question was taken; and the Watts (OK) Wicker Zimmer Weldon (FL) Wilson House is meeting in the Committee of the Speaker pro tempore announced that Whole House under the 5-minute rule. the ayes appeared to have it. NAYS—162 The SPEAKER pro tempore. The gen- Mr. FRANK of Massachusetts. Mr. Ackerman Gonzalez Oberstar tleman from Texas [Mr. ARMEY] is rec- Speaker, on that I demand the yeas Andrews Gordon Obey ognized for 1 hour. and nays. Baldacci Green Olver Barcia Gutierrez Ortiz Mr. ARMEY. Mr. Speaker, I will not The yeas and nays were ordered. Barrett (WI) Hall (OH) Orton take the 1 hour. The SPEAKER pro tempore. This Beilenson Hamilton Owens Mr. Speaker, let me say at the out- will be a 5-minute vote. Bentsen Harman Pallone Berman Hastings (FL) Pastor set, this is a rather routine request. The vote was taken by electronic de- Bevill Hefner Payne (NJ) The request is made necessary by our vice, and there were—yeas 248, nays Bishop Hilliard Pelosi desire to keep floor consideration of 162, not voting 24, as follows: Bonior Hinchey Peterson (FL) Borski Holden Pomeroy spending bills as open as possible and [Roll No. 476] Boucher Hoyer Poshard accessible to all the Members of the YEAS—248 Brown (FL) Jackson-Lee Rangel body, while at the same time, of Brown (OH) Jacobs Reed Allard Foley Metcalf Bryant (TX) Johnson (SD) Richardson course, committee work must go on. Archer Forbes Meyers Cardin Johnson, E. B. Rivers We feel like this is a necessary accom- Armey Fowler Mica Clay Johnston Roemer modation, and appreciate the fact that Bachus Fox Miller (FL) Clayton Kanjorski Roybal-Allard Baesler Franks (CT) Molinari Clement Kaptur Rush the committees are so willing to ac- Baker (CA) Franks (NJ) Montgomery Clyburn Kennedy (MA) Sabo commodate our need to maintain a Baker (LA) Frelinghuysen Moorhead Coleman Kennedy (RI) Sanders Ballenger Frisa Morella floor schedule and move our spending Collins (IL) Kennelly Sawyer bills. Barr Funderburk Murtha Collins (MI) Kildee Schroeder Barrett (NE) Gallegly Myers Conyers Kleczka Schumer I should like to tell the Members of Bartlett Ganske Myrick Costello Klink Scott the body that after a very brief debate Barton Gekas Nethercutt Coyne LaFalce Serrano on this motion, we will have a vote, Bass Geren Neumann Danner Levin Skaggs Bateman Gilchrest Ney de la Garza Lincoln Skelton and it will be the last vote of the Bereuter Gilman Norwood DeLauro Lipinski Slaughter evening. Bilbray Goodlatte Nussle Dellums Lofgren Spratt Bilirakis Goodling Packard Mr. Speaker, with those comments, I Deutsch Lowey Stenholm yield for 5 minutes for purposes of de- Bliley Goss Parker Dicks Luther Stokes Blute Graham Paxon Dingell Maloney Studds bate only to the gentleman from Mas- Boehlert Greenwood Payne (VA) Dixon Manton Stupak sachusetts [Mr. FRANK]. Boehner Gunderson Peterson (MN) Doggett Markey Tejeda Mr. FRANK of Massachusetts. Mr. Bonilla Gutknecht Petri Doyle Martinez Thompson Bono Hall (TX) Pickett Durbin Mascara Thornton Speaker, I do take note of the fact that Brewster Hancock Pombo Edwards Matsui Thurman the majority has decided we will do no Browder Hansen Porter Engel McCarthy Torres Brownback Hastings (WA) Portman further legislative business today of Eshoo McDermott Torricelli any sort, and that will allow us to Bryant (TN) Hayes Quillen Evans McHale Velazquez Bunn Hayworth Quinn Farr McKinney Vento leave. But I was particularly struck Bunning Hefley Radanovich Fattah McNulty Visclosky when the majority leader said this is a Burr Heineman Rahall Fazio Meehan Volkmer routine request. Indeed, it has become Burton Herger Ramstad Fields (LA) Meek Ward Buyer Hilleary Regula Filner Menendez Waters so. Callahan Hobson Riggs Flake Miller (CA) Watt (NC) It has become routine for the Repub- Calvert Hoekstra Roberts Ford Mineta Waxman Camp Hoke Rogers lican Party to ignore the rules it so Frank (MA) Minge Williams proudly proclaimed at the first day of Canady Horn Rohrabacher Furse Mink Wise Castle Hostettler Ros-Lehtinen Gejdenson Mollohan Woolsey the session, because one of the great Chabot Houghton Rose Gephardt Moran Wyden reforms that they brought to us, one of Chambliss Hutchinson Roth Gibbons Neal Wynn Chapman Hyde Roukema the new ways of doing business, was Chenoweth Inglis Royce NOT VOTING—24 the one that was to say that the House Christensen Istook Salmon Abercrombie Hastert Oxley will not sit simultaneously with the Chrysler Johnson (CT) Sanford Becerra Hunter Pryce Clinger Johnson, Sam Saxton committees. Brown (CA) Jefferson Reynolds You would not, if you were on the Coble Jones Scarborough DeFazio Lantos Smith (MI) Coburn Kasich Schaefer Dooley Lewis (GA) Stark Committee on the Judiciary, have an Collins (GA) Kelly Schiff Foglietta Mfume Towns important markup on the terrorism Combest Kim Seastrand Frost Moakley Tucker bill at the same time a constitutional Condit King Sensenbrenner Gillmor Nadler Yates Cooley Kingston Shadegg amendment is on the floor. You would Cox Klug Shaw b 2005 not, if you were on the Committee on Cramer Knollenberg Shays Crane Kolbe Shuster Mr. PAYNE of Virginia and Mr. Appropriations, have a full committee Crapo LaHood Sisisky ROSE changed their vote from ‘‘nay’’ markup while a bill is on the floor. Cremeans Largent Skeen to ‘‘yea.’’ That was one of the great reforms the Cubin Latham Smith (NJ) Republicans were bringing us, and as Cunningham LaTourette Smith (TX) So the resolution was agreed to. Davis Laughlin Smith (WA) The result of the vote was announced the gentleman from Texas has honestly Deal Lazio Solomon as above recorded. said, it has now become—— DeLay Leach Souder A motion to reconsider was laid on The SPEAKER pro tempore. The gen- Diaz-Balart Lewis (CA) Spence Dickey Lewis (KY) Stearns the table. tleman will suspend until we get some Doolittle Lightfoot Stockman f order. Dornan Linder Stump Mr. FRANK of Massachusetts. I Dreier Livingston Talent PERMISSION FOR ALL COMMIT- thank the Speaker for his efforts, but Duncan LoBiondo Tanner TEES AND THEIR SUBCOMMIT- Dunn Longley Tate it has been my experience that when Ehlers Lucas Tauzin TEES TO SIT FOR REMAINDER people do not want to hear something, Ehrlich Manzullo Taylor (MS) OF WEEK DURING 5-MINUTE you cannot make them listen. Emerson Martini Taylor (NC) RULE English McCollum Thomas The Republicans do not want to hear Ensign McCrery Thornberry Mr. ARMEY. Mr. Speaker, I offer a the reminders of how short-lived their Everett McDade Tiahrt privileged motion. promises were about running the Ewing McHugh Torkildsen The SPEAKER pro tempore. The House. This is an example. They made Fawell McInnis Traficant Fields (TX) McIntosh Upton Clerk will report the motion. a big deal about how they were chang- Flanagan McKeon Vucanovich The Clerk read as follows: ing its rules so we would not have that H 6724 CONGRESSIONAL RECORD — HOUSE July 10, 1995 conflict between committee business in they have not violated, as the gen- Ballenger Gekas Nethercutt Barr Gilchrest Neumann the House, and it is now routine to tleman from Texas has said, routinely. Barrett (NE) Gilman Ney change it. When that is changed, of Routinely we get the proxy cut aside. Bartlett Goodlatte Norwood course, they make a mockery of the Routinely the notion of family friendly Barton Goodling Nussle rule on proxies. is ignored. Routinely the committees Bass Goss Packard Bateman Graham Parker We were told you cannot have proxy meet while the House is in session. Bereuter Greenwood Paxon voting; be there in committee. But Routinely, if you do not like what the Bilbray Gunderson Petri what do you do when a bill that you States do, States rights become some- Bilirakis Gutknecht Pombo are seriously interested in is being de- thing you put back under the rug. Bliley Hall (TX) Porter Blute Hancock Portman bated on the floor and the committee Mr. Speaker, this is one more exam- Boehlert Hansen Quillen on which you are a member is simulta- ple of a failure to live up to those pro- Boehner Hastings (WA) Quinn neously meeting? Maybe it is a bill on fessions of concern. Bonilla Hayes Radanovich Bono Hayworth Rahall which that committee has jurisdiction. Mr. GEJDENSON. Mr. Speaker, will Brownback Hefley Ramstad How do you avoid missing one or the the gentleman yield? Bryant (TN) Heineman Regula other? Mr. FRANK of Massachusetts. I yield Bunn Herger Riggs So what we have had is, at least in Bunning Hilleary Roberts to the gentleman from Connecticut. Burr Hobson Rogers the committees I have seen, a very cre- Mr. GEJDENSON. Mr. Speaker, I ap- Burton Hoekstra Rohrabacher ative contest by the chairs of the com- preciate the gentleman yielding. Buyer Hoke Ros-Lehtinen mittee on how to get around the proxy Mr. Speaker, this is more than just a Callahan Horn Roth rule. Let’s roll the votes. Let’s hold the Calvert Hostettler Roukema process issue. The way the House has Camp Houghton Royce votes. Let’s reconsider. Let’s have been run has denied Members their Canady Hutchinson Salmon some mock votes. ability to adequately represent their Castle Hyde Sanford In area after area, we have seen the Chabot Inglis Saxton constituency. Being a Member of Con- Chambliss Istook Scarborough rules disregarded. We were told we gress puts you in an area where you Chenoweth Jacobs Schaefer would have a strict limit on the num- have many responsibilities. One is on Christensen Johnson (CT) Schiff ber of subcommittees a member can be the floor. As legislation moves through Chrysler Johnson, Sam Seastrand on. We are. Members are strictly lim- Clinger Jones Sensenbrenner the floor that you are particularly in- Coble Kasich Shadegg ited on the Republican side to the num- volved in, you have a responsibility to Coburn Kelly Shaw ber of subcommittees on which they be here on the floor. But you are also a Collins (GA) Kim Shays wish to serve and no more. And that Combest King Shuster member of several committees, and Cooley Kingston Sisisky need bear no relationship to the basic under this new process, where there is Cox Klug Skeen rule. no proxy voting, where sometimes the Crane Knollenberg Skelton We have been told, in the substantive votes are held until the end of the com- Crapo Kolbe Smith (NJ) areas as well, that the Republican Cremeans LaHood Smith (TX) mittee, sometimes they are not, this is Cubin Largent Smith (WA) Party will honor the right of the not simply a change in process. It is ac- Cunningham Latham Solomon States. They do. They honor the right tually again stacking the deck against Davis LaTourette Souder of the States to make any decision Members. Deal Laughlin Spence with which the Republican Party is in DeLay Lazio Stearns Mr. ARMEY. Mr. Speaker, I yield Diaz-Balart Leach Stockman agreement. But where the States may myself such time as I may consume. Dickey Lewis (CA) Stump misdecide, they will overrule those de- Doolittle Lewis (KY) Talent Mr. Speaker, I do want to say I ap- Dornan Lightfoot Tate cisions. preciate the kind remarks of the dis- We are here talking about a very fun- Dreier Linder Tauzin tinguished gentleman from Massachu- Duncan Livingston Taylor (NC) damental issue. setts [Mr. FRANK] and also want to ex- Dunn LoBiondo Thomas Ehlers Longley Thornberry Mr. ARMEY. Mr. Speaker, I am lis- press my appreciation for the kindness tening intently to the gentleman and Ehrlich Lucas Tiahrt of the gentleman from Connecticut as Emerson Manzullo Torkildsen having difficulty hearing. well. But I do feel compelled, which is English Martini Upton The SPEAKER pro tempore. The gen- a rare opportunity for anybody in this Ensign McCollum Vucanovich tleman is correct. The House is not in Everett McCrery Waldholtz body, to correct the gentleman from order. The House will be in order. Ewing McDade Walker Massachusetts. Fawell McHugh Walsh Mr. FRANK of Massachusetts. I ap- Fields (TX) McInnis Wamp preciate the solicitude and care with b 2015 Flanagan McIntosh Watts (OK) which the gentleman from Texas has Foley McKeon Weldon (FL) The quote that the gentleman strug- helped me get attention. Forbes Metcalf Weldon (PA) gled for is, in fact, ‘‘a foolish consist- Fowler Meyers Weller I would appreciate even more, how- ency is the hobgoblin of little minds, Fox Mica White ever, some solicitude for the ability of Franks (CT) Miller (FL) Whitfield charlatans and divines,’’ if I can get the House to legislate in a sensible Franks (NJ) Molinari Wicker that corrected. Frelinghuysen Montgomery Wolf way. The Committee on Appropriations Mr. Speaker, I yield back the balance Frisa Moorhead Young (AK) members will be put to the problematic of my time, and I move the previous Funderburk Morella Young (FL) task of sitting in full committee while Gallegly Myers Zeliff question on the motion. they are in fact having bills on the Ganske Myrick Zimmer The previous question was ordered. floor. The Committee on the Judiciary The SPEAKER pro tempore (Mr. NOES—176 has now called a markup on the very WALKER). The question is on the mo- Ackerman Clay Doggett sensitive subject of abortion, and mem- tion. Andrews Clayton Doyle bers of the Committee on the Judiciary Baesler Clement Durbin The question was taken; and the will be asked to be at that full commit- Baldacci Clyburn Edwards Speaker pro tempore announced that Barcia Coleman Engel tee while there is legislation on the the noes appeared to have it. Barrett (WI) Collins (IL) Eshoo floor. Beilenson Collins (MI) Evans It is a very clear example. Politicians RECORDED VOTE Bentsen Condit Farr who have been caught being inconsist- Mr. LINDER. Mr. Speaker, I demand Berman Conyers Fattah a recorded vote. Bevill Costello Fazio ent like to misquote Ralph Waldo Em- Bishop Coyne Fields (LA) erson, they leave out a couple of adjec- A recorded vote was ordered. Bonior Cramer Filner tives, about how consistency is for the The vote was taken by electronic de- Borski Danner Flake vice, and there were—ayes 234, noes 176, Boucher de la Garza Ford small-minded. I want to congratulate Brewster DeFazio Frank (MA) my colleagues on the other side. They not voting 24, as follows: Browder DeLauro Furse must feel large-minded indeed these [Roll No. 477] Brown (FL) Dellums Gejdenson days, because there is scarcely a prin- Brown (OH) Deutsch Gephardt AYES—234 Bryant (TX) Dicks Geren ciple which they brought forward on Allard Armey Baker (CA) Cardin Dingell Gibbons the opening day of the session which Archer Bachus Baker (LA) Chapman Dixon Gonzalez July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6725 Gordon McCarthy Rose HOUSE OF REPRESENTATIVES, and many people have read the book. Green McDermott Roybal-Allard Washington, DC, June 30, 1995. Gutierrez McHale Recently, the mayor of Kingsland, GA, Rush Hon. NEWT GINGRICH, Hall (OH) McKinney Keith Dixon, gave a copy of it to me. Sabo Speaker, U.S. House of Representatives, Wash- Hamilton McNulty Sanders Just thumbing through there, there ington, DC. Harman Meehan Sawyer were a lot of great examples of crazy Hastings (FL) Meek DEAR MR. SPEAKER: This is to formally no- Schroeder things that our Government does. Hefner Menendez Schumer tify you pursuant to Rule L (5) of the Rules Hilliard Miller (CA) Scott of the House that my office has received a One of the examples took place in Hinchey Mineta Serrano subpoena for testimony and documents con- Yorktown, NC, with the Amoco Oil Co. Holden Minge Skaggs cerning constituent casework. The subpoena The EPA came in there, and because Hoyer Mink Slaughter was issued by the Superior Court of New Jer- there was a pollutant in the air called Jackson-Lee Mollohan Spratt Johnson (SD) Moran sey in Morris County. benzene, and benzene is an extremely Stenholm After consultation with the General Coun- Johnson, E. B. Murtha Stokes dangerous pollutant, EPA ordered Johnston Nadler sel, I have determined that compliance with Stupak Kanjorski Neal Amoco to install a new type of filtering Tanner the subpoena is consistent with the privi- Kaptur Oberstar system to their smokestacks. It cost Taylor (MS) leges and precedents of the House. Kennedy (MA) Obey Tejeda Sincerely, Amoco $31 million. As we know, Ameri- Kennedy (RI) Olver Thompson CHRISTOPHER H. SMITH, cans all over the country paid for that Kennelly Ortiz Kildee Orton Thornton Member of Congress. in higher gas prices at the pump. Let Thurman Kleczka Owens f us not fool ourselves that Amoco paid Klink Pallone Torres Torricelli more dividends to their stockholders LaFalce Pastor SPECIAL ORDERS Levin Payne (NJ) Traficant because of that. They did what any Lewis (GA) Payne (VA) Velazquez The SPEAKER pro tempore. Under business would do and they passed the Lincoln Pelosi Vento the Speaker’s announced policy of May cost on to consumers. Lipinski Peterson (FL) Visclosky The irony of it was that the smoke- Lofgren Peterson (MN) Volkmer 12 and under a previous order of the Lowey Pickett Ward House, the following Members are rec- stacks were not emitting benzene. The Luther Pomeroy Waters ognized for 5 minutes each. benzene was coming from the loading Maloney Poshard Watt (NC) f dock area. That problem could have Manton Rangel Wilson been easily remedied by changing the Markey Reed Wise The SPEAKER pro tempore. Under a Martinez Richardson Woolsey loading procedure. The only problem, Mascara Rivers Wyden previous order of the House, the gen- Mr. Speaker, was that the EPA did not Matsui Roemer Wynn tleman from New York [Mr. OWENS] is have jurisdiction over the loading recognized for 5 minutes. NOT VOTING—24 dock, so the benzene is still in the air, [Mr. OWENS addressed the House. Abercrombie Hunter Smith (MI) and yet Amoco oil had to pay $31 mil- Becerra Jefferson Stark His remarks will appear hereafter in lion for it. Brown (CA) Lantos Studds the Extensions of Remarks.] Mr. Speaker, there are other exam- Dooley Mfume Towns ples of that. I see the gentleman from Foglietta Moakley Tucker f Frost Oxley Waxman The SPEAKER pro tempore. Under a Pennsylvania [Mr. FOX] is here and Gillmor Pryce Williams previous order of the House, the gentle- wants to join us. I yield to my friend, Hastert Reynolds Yates woman from Ohio [Ms. KAPTUR] is rec- the gentleman from Pennsylvania [Mr. b 2033 ognized for 5 minutes. FOX]. Mr. FOX of Pennsylvania. Mr. Speak- So the motion was agreed to. [Ms. KAPTUR addressed the House. er, I thank the gentleman for yielding The result of the vote was announced Her remarks will appear hereafter in to me. as above recorded. the Extensions of Remarks.] Mr. Speaker, I think the point is well A motion to reconsider was laid on f made by him, and I appreciate him being a champion here for small busi- the table. REPUBLICAN BELIEFS AND ness and for the importance of the indi- f GOVERNMENT RUN AMOK vidual. I had a situation in my district THE JOURNAL The SPEAKER pro tempore. Under a in Montgomery County, PA, where we previous order of the House, the gen- had a gentleman who was trying to The SPEAKER pro tempore (Mr. tleman from Georgia [Mr. KINGSTON] is work with the Federal Government, a WALKER). Pursuant to clause 5 of rule recognized for 5 minutes. $25,000 contract. The problem he had I, the pending business is the question Mr. KINGSTON. Mr. Speaker, a was 187 pages of Federal documents to of agreeing to the Speaker’s approval friend of mine, State Representative be filled out. The problem with 187 of the Journal of the last day’s pro- Garland Penhalser recently asked me pages was not just the number of ceedings. why I was a Republican, and what we pages, but also it would require him to The question is the Chair’s approval were doing up here, and what this hire an accountant, an attorney, and of the Journal. think was all about. Garland is a State an engineer. What little profit there is Pursuant to clause 1, rule I, the Jour- representative who has been doing a in a $25,000 contract, there was not nal stands approved. tremendous job in Atlanta in the State really much for him. f capitol down there making changes. He The fact is, he told me, and he was just wanted to hear it from me what he right, the Government, the Federal ANNOUNCEMENT BY THE SPEAKER already knew, I guess. Government, is not user-friendly. It PRO TEMPORE What I replied is that generally what does not make sense for him to try to the Republican Party believes up here give the best product at the best price The SPEAKER pro tempore. The is believing in people versus believing to the Federal Government when he Chair announces that further proceed- in Georgia. We support private sector can sell it elsewhere without all the ings on the postponed suspension mo- solutions to problems, not Government needless regulation and the burden- tions are further postponed until to- solutions to problems. We stand for some paperwork that made it actually morrow. less regulation. We stand for less taxes, a disincentive to deal with our Federal f less bureaucracy, less micromanage- Government. ment out of Washington, and certainly, Mr. KINGSTON. It is ridiculous, be- COMMUNICATION FROM THE HON- more personal freedom. cause I think the bureaucracy in many, ORABLE CHRISTOPHER H. SMITH, With that in mind, Mr. Speaker, many cases, and even probably in most MEMBER OF CONGRESS there are so many great examples of cases, wants to do the right thing. The The Speaker pro tempore laid before micromanagement out of Washington problem is these very laws, and we are the House the following communica- and Government run amok, if you will. going from manuals now that have a tion from the Honorable CHRISTOPHER A book has been written recently enti- 4,000, 5,000, 10,000 pages to do anything, H. SMITH, Member of Congress: tled ‘‘The Death of Common Sense,’’ and these laws that are well-intended H 6726 CONGRESSIONAL RECORD — HOUSE July 10, 1995 and regulations have become stumbling I see the gentleman from Florida it, I think we can keep our businesses blocks, and because of that, we do not [Mr. WELDON] has joined us. I do not viable here in the country and move have common sense anymore in our control the time. along. process. Mr. FOX. Mr. Speaker, I yield to the Mr. KINGSTON. I was meeting this Mr. FOX of Pennsylvania. If the gen- gentleman from Florida. last weekend with the Georgia Hospi- tleman will continue to yield, Mr. Mr. WELDON of Florida. Mr. Speak- tality and Travel Association. One of Speaker, I believe the 104th Congress, er, I appreciate the gentleman’s efforts the battles they just fought with regu- especially with many of the freshman here today to do something, to speak latory reform is that on the back of Republicans, and you have joined as an out about doing something for the ter- your hotel door, they have escape honorary Member of the freshman Re- rible problem of excessive regulation, plans. I was in the insurance business publicans, although you are a more and the impact that has a job creation. and I am one of these nerds, I guess, senior Member, we have tried to have This is a very important issue in my who always reads those things. But 99 what we could call the new approach to district, Mr. Speaker, where the de- percent of the people who stay in ho- Government, in which we call for Gov- fense cutbacks have put a lot of people tels, particularly at Days Inn on a ernment to downsize, privatize, con- out of work, but there are a lot of peo- ground level, don’t read how to escape solidate, and where possible, eliminate. ple trying to set up new businesses and from the room. They can kind of figure We do not believe, as you do not, that trying to be independent, and the Gov- it out on their own. But new regula- we need to have the Federal Govern- ernment regulations that are required tion, you have to print that bilingual. ment do things that are best left to the in setting up a new business, and just In south Georgia, where you don’t get private sector. We believe that the pri- hiring a new person, is actually stifling that many people speaking Spanish, vate sector has the best chance to cre- business creation all across our coun- they wanted to put it in Spanish lan- ate jobs. If we can have an environ- try, including in my district. guage, as well as English language. You cannot even tell if the door is ment with less regulation and less tax- b 2045 ation, we can have businesses provide wooden or painted already because you for our local people the kinds of jobs We as Republicans, I believe, need to have all these different instructions on that are lasting, meaningful, and im- continue the effort to try to not only what to do in a hotel room. portant jobs that mean a lot to folks downsize Government but make the The Hospitality Association was able back home. Government as the gentleman said, to kind of break that, postpone the reg- I think we are on the right track to more user-friendly and more open to ulation, I would say, just break the reduce needless regulations that do not job creation. thinking pattern there. In Los Angeles really improve the quality of life, and One thing I do want to add to this County, they have to put the voting to make sure we do what we can to discussion, which I think is very im- ballot in 7 different languages. sunset Federal agencies that are not portant, is the need to deal with our The gentleman from Wisconsin [Mr. doing their job, like we did in Penn- terrible problem of excessive litigation. ROTH] has a bill entitled ‘‘English sylvania, and eliminate the wasteful I know a business in my district ap- First’’ which addresses this. I believe bureaucratic system that exists here in proached me, and this particular busi- he is on the floor. Washington as a culture. ness, they had been in the printing f press business for a time way back in f the early part of the century, but they MAKING ENGLISH OFFICIAL AMERICAN LANGUAGE GOVERNMENT RUN AMOK are now out of that business. There was a printing press that had been in use, The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under a safely in use, for 70 years, that an em- SHAW). Under a previous order of the previous order of the House, the gen- ployee at a company had recently been House, the gentleman from Wisconsin tleman from Pennsylvania [Mr. FOX] is injured on, and that company was, now [Mr. ROTH] is recognized for 5 minutes. recognized for 5 minutes. that they have been out of the printing Mr. ROTH. Mr. Speaker, I was inter- Mr. FOX of Pennsylvania. Mr. Speak- press business for something like 25, 30 ested in the dialog that just took place er, I yield to the gentleman from Geor- years, they are now being sued for a here. gia [Mr. KINGSTON] to further this col- product that has been in safe use for We Americans are very fortunate be- loquy we were discussing about regula- something like 70 years. cause we represent the most diverse tions. I just think that is wrong, it is un- country in the world. We are a people Mr. KINGSTON. Mr. Speaker, let me reasonable. We need our tort reform from every corner of the globe, every give another example of government legislation to get through the Senate religious, every ethnic, every linguistic just not using quite common sense. I and we probably need more provisions background right here in America. Yet have in my hand a letter from Lee to be passed in the future. we are one Nation and one people. Heyer. Lee Heyer is a student at Geor- Mr. FOX of Pennsylvania. Mr. Speak- Why? Because for over 200 years, the gia Southern University. He is actually er, I think the support that the gen- history of our country, when people the student body president. He sent to tleman from Pennsylvania [Mr. came here, they adopted English as the me a letter he got from the U.S. Post WELDON] has given as well as the gen- official language. While we were from Office declaring June 12 to June 17 Na- tleman from Georgia [Mr. KINGSTON] every corner of the globe, and every tional Dog Bite Prevention Week. It for our products liability reform legis- background, we are all Americans be- tells people how to prevent their dog lation will go a long way in helping cause we have this common glue, this from biting a letter carrier. Again, it is businesses. As the gentleman from commonality. well-intended, but, he said, he called Georgia [Mr. KINGSTON] just talked Today in America we are splitting the office. about, we certainly need to have less our country up. We are no longer the First of all, this mail that was deliv- regulation. melting pot, but we are becoming, as ered at taxpayer expense went to his Another area I would like to have us the anti-English establishment would apartment complex where they do not consider, not only the regulatory re- have us, as a salad bowl. I don’t believe allow dogs, so everybody in the apart- form and legal reform but what about America is a salad bowl. I don’t believe ment complex got notified how to tie making sure we provide those invest- in hyphenated Americans. I believe we their dog up, which they are not al- ment tax credits, the research and de- are all Americans. That is why this lowed to have. velopment tax credits, which will en- issue of the English language is so im- The second part, he called the actual courage businesses to expand, produce portant. office in his area and found out there and hire and not have those jobs go Teddy White, who has written ‘‘The were zero dog bites in that particular overseas but keep those jobs here in Making of a President’’ any number of area in the previous year. Again, Mr. America for companies and employees times from 1960 on, before he passed Speaker, the private sector would not who really want to make sure that we away, he wrote this book, ‘‘America in do that. They would think it through grow. That I think along with reform Search of Itself.’’ He talks about as we twice. dealing with the ability to obtain cred- come to the new century, to the new July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6727 millennium, that his greatest concern What is happening today, thanks to Soviet Union, what is now Russia, en- is for America breaking up into groups. the misconceived policies back in the emies for so many years, for so many Arthur Schlesinger has also written a 1960’s, we have whole sectors of our so- years engaged in an escalation of hos- beautiful little book I would like to ciety now being brought up in school in tilities, how we can now in this arena recommend, ‘‘The Disuniting of Amer- bilingual education. Most of the time join together and to show that through ica,’’ where he talks about the cultural the kids do not have an education in ei- cooperation and trust that we can changes and, for example, what bilin- ther language. achieve great things. gual education is doing to American Mr. KINGSTON. If the gentleman I, by no means, Mr. Speaker, mean to citizens and what is happening in will yield, I am on the Committee on imply that I feel that we should let America today. It is very well done, Appropriations. We have spent a tre- down our defenses. I am personally an and I recommend that to our citizens. mendous amount of time reducing advocate for a very strong national de- Recently, I think, closer to home, spending. Along the way I saw a statis- fense. I think what is going on now right here in the House of Representa- tic that we spend $242 million, I think, with the Soviet Union today, or the tives, our Speaker has written a book, on one program for bilingual edu- Russian people today, is something and for the people who read the Speak- cation. new, we need to take 1 year at a time er’s latest work, the Speaker under- Does the gentleman know how much and see how it goes. But I think this stands this problem very well because we spend totally? was a tremendous testimonial to the in chapter 15 of the book, he talks Mr. ROTH. On State, national and success of a cooperative effort. about America breaking up into local, according to USA Today in a re- I also think it was inspiring to all groups, and English as the American cent article they did, it is something our young people. Today our young language. like $12 billion we spend on bilingual people are looking for role models. So The Speaker points out that there education. There is nothing that harms many of their role models in society let are nearly 200 different languages spo- youngsters or holds them back, makes them down. When they look at the suc- ken here in America. He makes the ob- them second-class citizens as much as cess of this mission and the astronauts servation that nearly all business, poli- bilingual education. in this mission, it is something they tics, education, and commerce is con- We have got to have people melt into can look up to. ducted in English. our society. That is why this bill is so As the Speaker knows, we have to We want Americans to have an un- important. compete in the international market- place and we need to have the best in derstanding of other languages, but f that is a different issue. I have 3 chil- science and technology if we are going dren. All of them have taken foreign SALUTING NASA ON RECENT to be able to be competitive. I think languages or are taking a foreign lan- SHUTTLE MISSION through our space program, that is a guage today. The point is, is that we The SPEAKER pro tempore. Under a key way in which we can continue to have to keep our commonality and our previous order of the House, the gen- maintain our strong posture, leading the world in research and in science. common glue, so that if people want to tleman from Florida [Mr. WELDON] is This space station holds out the pros- speak one language at home or pro- recognized for 5 minutes. pect for some tremendous break- mote their culture, keep their culture, Mr. WELDON of Florida. Mr. Speak- throughs in areas of medicine that I I think that is great and laudable and er, I rise tonight to speak out and to happen to be very familiar with as a we want to continue that. But we have salute the people at Kennedy Space former physician. I spent many years a melting pot here in America, so we Center as well as the officials in NASA treating many women with do not break up into groups. and those at the other centers as well Look what is happening in Canada, osteoporosis and additionally treating as our astronauts in particular and ad- many senior citizens who had problems where you have the heart being taken ditionally our cosmonauts on the tre- with fainting or syncopal episodes. out of that country. Here in America, mendously successful recent Mir ren- With the medical research that we we have our country breaking up into dezvous mission. are going to be doing on the space sta- groups and we cannot allow that to I went down, Mr. Speaker, to see the tion made possible with our shuttle, we continue. shuttle take off for that particular should be able to unlock some of the Mr. WELDON of Florida. If the gen- flight. Unfortunately we got canceled secrets that led to this disease and how tleman will yield, I would just like to because of rain the few days I was down to achieve some meaningful cures to share with the gentleman that my there and I had to return back here be- some of these problems. mother grew up in an Italian home and cause the House went back in session. To be there at the landing of this she learned to speak Italian along with But then we had a flawless liftoff and shuttle was just very inspiring. I had her 3 sisters and her brother and they the mission, I can only say, was a tre- seen many shuttles take off before were all proud to go out on the streets mendous success. Not only did the from my parking lot at work in Mel- and learn English. My mother went on commander of the mission, Hoot Gib- bourne, FL, but I had never actually not only to get a good command of son, do a fabulous job, but so did the been there at Kennedy Space Center to English but to get through the public entire crew. It was a historic mission. see one of them land. school systems of the city of New York It was the 100th space flight for the It comes in over the coast of Tampa and get a college degree and go on to United States, and it was the first ren- at about 200,000 feet. By the time it ar- become a teacher. She was a strong ad- dezvous mission involving our space rives over at the east coast at Kennedy vocate for English as a common lan- shuttle, clearly demonstrating the Space Center, it is at 50,000 feet. Within guage in the United States, because she technology that is needed for our space 4 minutes, it is landing on the ground. saw firsthand the importance of know- shuttle not only to continue to go up It drops and drops and drops and drops, ing the language and the need to know and link up with the Mir space station and then when it is just a few hundred the language to be able to get ahead. but in a few years to be able to go up feet off the ground, the pilot noses the She taught me the importance of what and link up with our future space sta- shuttle up, the landing gear comes you are talking about. That is why I tion. down, and it comes in for a landing just am a sponsor of the bill of the gen- I think it is a tremendous testi- like an airliner. tleman from Wisconsin [Mr. ROTH], and monial to the efforts of all the workers As it landed, Mr. Golden was there, I am proud to be a sponsor of that leg- there at Kennedy Space Center as well the administrator of NASA, turned to islation. as at Johnson Space Center and the me and he said, ‘‘No other country in Mr. ROTH. I thank the gentleman other NASA centers that this mission the world can do that.’’ and I appreciate the testimonial, be- went off flawlessly. He was right. No other country in the cause what the gentleman is saying, I I was delighted to be able to be there world can send a spacecraft up with a think, is what many, many Americans to see the shuttle land and to meet crew and bring that spacecraft back can say, that when our immigrants with some of the Russian officials. I and have it land on an airstrip safely. came, they adopted English as their could not help but think how our na- Mr. Speaker, I salute the astronauts language so we became a melting pot. tions, the United States and the former and cosmonauts on this mission, and I H 6728 CONGRESSIONAL RECORD — HOUSE July 10, 1995 salute all the workers at the space cen- But now here he is, the Commander General Giap signed off on the execu- ters that were involved in this project. in Chief, and if all the stories are true, tion of 68,000 people. In some cases, f tomorrow at noon he is going to nor- their only crime was to be a secretary, malize relations, give diplomatic rec- a man or a woman typing on an Amer- b 2100 ognition honors and recognition to the ican typewriter at one of our multiple A TRULY TRAGIC DAY IN war criminals, the Communist leaders, military bases up and down from the AMERICAN HISTORY in Hanoi who killed better men than DMZ to the Mekong Delta. Unbeliev- he, probably three high school students able. Sixty-eight thousand people The SPEAKER pro tempore (Mr. from the Hot Springs area of Arkansas killed, but even that horrendous figure, SHAW). Under the Speaker’s announced went into the service to meet those 10,000 more than our men and 8 women policy of May 12, 1995, the gentleman three draft calls in June 1968, the whose names are on the Vietnam Me- from California [Mr. DORNAN] is recog- spring of 1969, and then that summer of morial, that figure is dwarfed by the nized for 60 minutes as the designee of 1969 when someone had to fill the Clin- 700,000 to 800,000 people who drowned on the majority leader. ton slot, late July 1969, and then Clin- the South China Sea trying to escape Mr. DORNAN. Mr. Speaker, tomor- ton went off to Moscow a few weeks from communism. row may be a truly tragic day in Amer- later. My oldest daughter worked in the ican history, because a person who Colonel Holmes had not even known camps at Snap Nikam, Nam Aret, avoided serving his country three this. He went through Oslo, Stock- Aryana Pretit, and the people that sur- times during the bloodiest subaction of holm, Helsinki, Leningrad, took the vived the high seas, the South China the whole cold war, the conflict that train overnight to Moscow and was put Sea, the sharks, dehydration, raged on for a decade in Indochina, a up, when he claimed he had no money, drownings, they would carve little person who avoided the draft when he at the best hotel in town on January 1, plaques. I have two of them in my den graduated from Georgetown, speaking 1970, because there was so-called peace at home. about Mr. Clinton, who avoided service banquet for Hanoi in the National It says, ‘‘liberty or death on the high in his first year as a graduate student Hotel on the night of January 2, 1970. seas.’’ Sounds like Patrick Henry, at Oxford, when all graduate A former Member of the other body somebody they never heard of. Another deferments were taken away and then who had a rather distinguished career one said, ‘‘Some of us are here in the who, after he actually had a call-up no- for 12 years, he was in his last year, camps. The rest are with God.’’ tice, a report date to join the U.S. had chosen not to run again, who did, I Then what about the 1 million, 2 mil- Army as a buck private soldier and an think, a very dishonorable thing. Sen- lion, or as one of my interns, Vuth, induction date of 29, excuse me, 28 July ator Eugene McCarthy was a guest of told me the other night, tears running 1969, used political pressure, the liberal honor at the peace banquet. He was one down his face, ‘‘Maybe 3 million of my Republican Governor’s office in Arkan- of the 23-year-old student organizers people died, Congressman. And is Mr. sas, Winthrop Rockefeller, with the from England who had conducted Clinton going to normalize relations draft board, the head of the draft teach-ins at the London School of Eco- with the war criminals who did this?’’ board, and two or three members of the nomics, where he called Ho Chi Minh He was speaking of the killing fields of draft board, personal meetings, 2 hours the George Washington of his country Cambodia. each, to beg them to allow him to join and the United States the interven- What a horror that took place. Very after the fact the ROTC at the Univer- tionist imperialist power, the evil force few speeches, if any, in this well or on sity of Arkansas; then he had a U.S. in Vietnam, suppressing a revolution, the Senate floor by those who are tak- Senator, Senator Fulbright of Arkan- and had, of course, led demonstrations ing the lead now with normalization sas, phone in to the head of the ROTC. at Grosvenor Square on November 15 with the war criminals in Hanoi; I did And then I learned at a dinner with and a warm-up on October 15, 1969. NBC’s ‘‘Meet the Press’’ yesterday, and the distinguished American, Distin- By the way, Mr. Speaker, that No- a friend of mine who is on the other guished Service Cross holder of the vember 15 demonstrates that Clinton side of this issue, and to try and put second medal down from the Medal of was the leader of, in London, was this balance, I read the stories of his Honor, who had commanded ROTC termed the fall offensive by the Com- horrendous torture in this book, units, whole sections of the country, munists in Hanoi. There were sympa- ‘‘POW,’’ the definitive book that came commanded ROTC for many colleges, thetic demonstrations in Paris, in out in 1976, the month that I won my Col. Eugene Holmes, a Bataan death Stockholm, London, New York, of first election to Congress, November of march survivor, he told me when I had course, here in Washington, DC, people 1976. This book came out, and the tor- dinner with him and his wife, Irene, trashing the streets, Miami, I believe, I ture stories in here, the war crimes in down in Fayetteville, AR, last Feb- know for sure San Francisco, Chicago, here just stagger your imagination. It ruary, that Clinton was the only stu- and Los Angeles, all coordinated by is medieval. It is Nazi Germany at dent in more than a decade, as a com- people working to give comfort to the Auschwitz. It is poor Bosnia a few mander and professor of military communists in Hanoi who prevailed years ago with the ethnic cleansing. It science, the only student who ever after 10 long years of struggle against a is just horrible. showed up at his house. He said he did superpower, the United States, and the And I read the story of how this now not let him in, but for 2 hours in the superpower on the other side, the So- U.S. Senator was tortured, how he front yard, backyard, back and fourth viet Union, had more staying power, would not accept parole, how when his 23-year-old Bill Clinton begged Colonel and the oppressive forces of com- father was moved from being the com- Holmes to let him into the ROTC as a munism won. mander of the Navy in NATO in Europe 2-year postgraduate student if he en- Two years after we had pulled out of to being commander in chief of all of tered law school to go back on a special our military effort, we left so precipi- our Pacific forces, and the head, the 2-year crash course with the under- tously in such a disgraceful way that combat commander, of the bombing op- graduates at the University of Arkan- our embassy had open file drawers with eration, how they kept offering this sas and get in the ROTC so he could the files of all the people who had young Navy attack pilot early release avoid the draft, and Colonel Holmes worked with us up and down that beau- to go home to get his terrible wounds told me, against his better judgment, tiful little country of South Vietnam, taken care of, and it gave me renewed with more political pressure than he and the Vietnamese years later wrote, respect for him. had ever thought possible, Senators, General Giap, wrote in his book, that But I am still boggled at his appear- Governors, draft board members, Buick they just came in picked up papers off ance on ‘‘Meet the Press’’ where, if I dealerships, all putting the pressure on the floor, from the file cabinets, put had had the time, I could have refuted him, he signed up a man who graduated them on clipboards, went out and exe- every single solitary thing he said. from college over 1 year and 2 months cuted 68,000 people. General Giap, who The Vietnamese have not given a full before into the special program and, of was hugging Senator HARKIN on July 4, accounting of our missing-in-action. course, Clinton never spent a day in General Giap is a war criminal. Gen- Last year the byword with those who the ROTC at Arkansas. eral Giap was on the politburo. are sympathetic to the Communist war July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6729 criminals in Hanoi, the byword was nam fighting for freedom, fighting to 10 times and Cambodia three times. I that they were giving us unprecedented contain communism, they have never have worked this issue for 30 years and cooperation. That simply was not so. found a match for that young hero of 1 month since my best friend, David Last year and early this year the their early life. All of these people Herdlicher, was shot down, May 18, word was superb cooperation. My have been manipulated, because the 1965. friend from the other body said it was communists in Hanoi have slowly, like And I still wear his bracelet and this substantial. It is not. He said that on an ugly time capsule, released boxes of No. 1 Hmoung bracelet, H-m-o-u-n-g, ‘‘Meet the Press’’ yesterday. our heroes’ remains. the French word was Montagnard, And the Washington Post a week ago Now, I can remember in 1979 having mountain people. Since I put that on in today ran an editorial so that a con- before our International Relations Kontum in the central highlands in gressional delegation of all liberals Committee a mortician from Vietnam September 1968, it has never been off without a single Republican Member or who passed multiple polygraph lie de- my wrist since. I alternate POW brace- staffer on this minority trip, at tax- tector tests; I recommended he even lets. No, this is not David Herdlicher’s; payer expense with one of the luxu- take truth serum. He was willing to do this is a young sergeant from Hope, rious airplanes out of the 89th Squad- that. I do not know if he did. He was of AR. I wear that symbolically some- ron at Andrews; it has become a dis- Chinese heritage because Vietnam, times, James Holt, missing in South grace, Air Force officers carrying the after the war, in a vicious human Vietnam, September, excuse me, Feb- bags of people who avoided service and rights crusade of violence, threw out ruary 7, 1968, the beginning of the Tet the cost when there are commercial all of the Vietnamese of Chinese herit- offensive. flights available to go to even Hanoi, age, and that is why he, as a top doc- The first week of the Tet offensive, and we will have legislation on that tor, a mortician, was thrown out of the that week, we lost 1,111 Americans this year, I can promise the taxpayers country, but he had prepared for stor- killed in action. That was the month that, this delegation in Hanoi, one of age in a big warehouse near Hanoi over that Robert Strange McNamara quit on the Senators holds up last Monday’s 400 sets of American remains. leap year day, so he would only have to Washington Post with a kind of a co- This has been admitted to me by the remember it every 4 years; resigned 29, ordinated editorial, and it said, how is highest people in the Reagan adminis- February 1968. this for reaching for words, ‘‘prodigious tration and by President Reagan him- It rained all over this big ceremony diligence, prodigious diligence, in mov- self, who believed this, that they had on the lawn in front of the river en- ing toward an accounting of our miss- 400 boxes of our heroes’ remains. Presi- trance to the Pentagon. They canceled the fly-by. How fitting that God saved ing-in-action.’’ dent Bush believed this. I discussed it four Air Force pilots the ignominy of What an absolute distortion of the at length with him. I have discussed it flying by, probably all of them Viet- truth. with three directors of the CIA. They nam vets, in tribute to a man who had Now, I have before me a letter that all believed it. Defense Intelligence, our Speaker, Mr. GINGRICH, is present- betrayed the fighting men on the field. back to the late Eugene Tye, my good Well, here is McNamara’s book, Mr. ing to the Commander in Chief as we friend from Loyola University, he also speak, Mr. Speaker. They are having Speaker. That is how I spent part of believed it. I have never met anybody my district work period; working my dinner tonight, NEWT GINGRICH and in the entire intelligence community, William Jefferson Blythe Clinton, and way through this tragic book of evil and I am on my seventh year in the In- revelations on how McNamara never NEWT is going to tell him it is going to telligence Select Committee, I have be a rough road in this Congress, in even believed in the cause in 1962 or never met anybody who did not believe 1963, when there were less than 50 this House, and in the U.S. Senate, to this mortician’s story. Americans killed in action. Not 58,000; try and find the money under our for- less than 50. He did not believe in what eign affairs bills to fund any normal- b 2155 we were doing there. ization or set up an embassy in Hanoi. And at the central investigative lab- And McNamara tells in this book I think this House is going to over- oratory at Hickam Air Force Base in what he did after that fly-by was can- whelmingly vote to kill any money Hawaii, which I have visited about celed and it rained all over this retire- under the appropriations bills process. eight times over the years, they said, ment ceremony. Where LBJ rewarded We all know the language, Mr. Speak- Yes, we have gotten back selectively him with 13 years as head of the World er, ‘‘No money under this bill shall be over the last 10 years, about 160 re- Bank, where he made $250,000 a year expended to do such and such.’’ A nega- mains that we can tell were without ever paying a nickel of taxes tive amendment is always ruled in warehoused, even if they were dug up on it. That is what a lot of U.N. jobs, order, and I think the President is in out of the ground a year or two after a and the job at World Bank, pays. for a big surprise. Mr. Clinton is in for crash, they were still processed. McNamara in his book says the next a surprise, because the statistics that I Some of these were people who obvi- day, on March 1, he left for a month of gave on ‘‘Meet the Press’’ that my ously died in captivity. The light color skiing at Aspen. We had hundreds of friend from the Senate said he did not of the bones and their condition and people in prison in Hanoi. Twelve of buy are absolutely correct. the chemical substances on the bones, them had been beaten to death inside I said, first of all, the families who we know they were prepared for stor- their prison cells. One man, Maj. Earl have suffered long over these years, age. And 160 from over 400 brings us Cobeal, beaten senseless and incoher- they have suffered under an anti-Gene- roughly a number of over 260. ent. Never got his sanity back and died va Convention war crime where the I said at a press conference on the alone in some cell without any other communist victors in Hanoi have psy- grassy triangle in front of this Capitol American there to hold him and nur- chologically tortured the family mem- that it is an act of treachery to nor- ture him as he died. We have gotten bers, the children who have grown from malize relations without demanding back his remains. While he was being little toddlers and babies up into their the 260 remaining boxes of remains. I tortured by three Cubans imported by late 20’s, 30’s, and some in their 40’s, predicted that they will be thrown into the good graces of Castro to teach the the teenagers, the parents who are now the Red River and flushed out into the Vietnamese how to torture with more aging into their 70’s and some into Tonkin Gulf, or worse, thrown in a pit severity the way Castro was cutting up their 80’s, many of them passing on to all of these heroes’ bones, knights of people and letting them rot, stark go to Heaven, the widows, some who the sky, these young aviators, these naked, in black cells without a shred of have married and have never forgotten special forces officers and sergeants. light for up to 25 years. that first young hero of their early life, Their bones will be thrown in a mass He was showing the South Vietnam- others who have never ever found a re- grave, covered with lime, lye, and they ese that they had forgotten in the Ori- placement for their heroic young will be forgotten, except to God, in ent what the ‘‘death of a thousand knight of the sky or that handsome that mass atrocity grave. knives’’ was like, I guess. And McNa- young special operations sergeant spe- If are there any Americans still alive, mara was skiing. cial forces, young enlisted man, young particularly in Laos, which I have vis- Imagine how many young men and grunt, young marine up and down Viet- ited four times. I have been to Vietnam women we had in hospitals from one H 6730 CONGRESSIONAL RECORD — HOUSE July 10, 1995 end of Vietnam to another, after the Here is what McNamara writes on were just expendable pawns at the be- horror of that Tet offensive named page 105 of his book. Fitting number of ginning of this conflict. after a religious holiday that they de- the page, since we lost more F–105s But here he is, before these men have cided to attack on, imagine how many than any other airplane in the Vietnam bailed out to their certain death, none triple amputees, quadruple amputees. I conflict. of them ever came back as prisoners, visited one quadruple amputee at a By the way, to set the scene, let me these Vietnamese. ‘‘Upon my return to hospital in September of that year and take out my little U.S. Constitution Washington, DC on December 21st, 1963, I talked to some of the nurses that said and read where this line comes from. I was less than candid when I reported these are the cases that would just tear Article III, section 3 of the U.S. Con- to the press. Perhaps a senior govern- your heart out. How many people had stitution, and why treason is not appli- ment official,’’ McNamara goes on, given their arms and legs during that cable without a declaration of war to ‘‘could hardly have been more straight- Tet offensive? using this term. forward in the midst of a war.’’ I remember going in the big refrig- Treason against the United States Here he is calling it, in 1963, a month erated morgue at Bien Hoa in that shall consist only in levying war after Kennedy is dead, a war. A full- year, 1968. And I said to this young cor- against them. Remember, until the blown war. And his heart is not in it, poral, first asking him how he could Civil War, we always referred to our- but it took him 5 more hears to resign. work in a place like this, and he said, selves as individual States. The Civil Incredible. Four and a half. ‘‘Mr. Reporter, I spent six months in War brought us together into one unit I could not fail to recognize the effect the bush shooting at Charlie and get- as a country. discouraging remarks might have on ting shot at. And when they offered me In levying war against the individual those we strove to support the South a chance at the midpoint to work in States, or in adhering to their enemies, Vietnamese. He does not give them the this morgue, I took it because I know and our Founders and Framers of the time of the day all through this book, I am going home. And I cry a lot in Constitution capitalized Enemies. Giv- our allies. Some corrupt; most very here looking at all these men, many ing them Aid, capital A, and Comfort, brave dying for their country. As well younger than I, who are on the way capital C. Giving them Aid and Com- as those we sought to overcome. The back to the United States in green fort. Viet Cong and the North Vietnamese. body bags.’’ No person shall be convicted of trea- Now, get this Mr. Speaker. Bob And I said, ‘‘What is in that huge bag son, unless on the testimony of two McNamara: ‘‘It is a profound, enduring over there?’’ He said, ‘‘That, sir, that witnesses to the same overt act or on and universal ethical and moral di- bag is all the arms and legs cut off our confession in open court. lemma: How, in times of war and crisis, men in the hospitals around here and Now, that is where that term, aid and can senior government officials be we treat it with respect. We are going comfort to the enemy, comes from. completely frank to their own people to take it out in a helicopter and bury That is where Clinton, although he did without giving aid and comfort to the their arms and legs at sea soon.’’ not realize it, got it when he referred enemy?’’ I will never forget that story. Tears to people who strictly interpret the So, Robert McNamara, in December were running down my face in this second amendment as giving aid and of 1963, one month and 21 days after the cool, refrigerated little corner of Bien comfort to the enemies in the streets, tragic assassination of President Ziem Hoa Air Base in an extremely hot sum- the criminals. and his brother, after they were mer day in 1986. Thinking about this Here is Mr. McNamara in this pro- sprayed with machine guns in the back particular corner of the world’s strug- foundly evil, self-aggrandizing, of an American-supplied armored per- gle against communism. Again, to nonatoning book; over 58,700 dead sonal carrier, an M–13. A tragic, a be- quote Kennedy, a ‘‘twilight struggle’’ Americans, 8 of them women. McNa- heading of a Nation under Communist It was not so much twilight in Korea mara says, ‘‘Upon my return to Wash- assault from the north, he considers it and Vietnam. ington, DC, on December 21st,’’ and he a full war and talks about giving aid And I would like to read a line, Mr. is talking now about 1963, just a month and comfort to the enemy. Speaker, from McNamara’s book. It after, one day less than a month after Well, if he did not want to give aid used an expression that I used on this Kennedy’s horrible assassination. He and comfort to the enemy, what about House floor on the day after the State talks about secret missions up to the the demonstrators that he put up on of the Union speech. And I said I would North. the floor of his house, friends of his revisit this again and again and that if And this is courageous South Viet- son, Craig, who never wore the uniform I ever got a ruling from the Chair again namese who were captured, tortured to of his country. And he tries to weasel that aid and comfort to the enemy was death, because it was poorly organized around that in here. This is McNamara not a legitimate historical expression and planned. It was endorsed by what who said, ‘‘We must not draft our col- for debate on this floor, that I would we call the 303 Committee under Am- lege kids, because they are tomorrow.’’ appeal the ruling of the Chair. And if bassador Lodge, an interagency group Well, what about the college grad- my party voted against me and did not charged with reviewing such top secret uates from West Point, Annapolis, Air sustain me, I would resign from Con- plans, following recommendations from Force Academy, Texas A&M, North gress on the spot. Secretary of State; from McCone, head Georgia, Citadel, VMI? Or all of the It is not tonight. That day is coming of the CIA; from George McBundy, Na- ROTC units like mine at Loyola U. all earlier in the day. And I will find the tional Security Advisor; and me, Rob- around the country? What about those right moment. I will know it. I will ert McNamara, the President approved college graduates? What about the smell it when it comes. And I will do it a 4-month trial program beginning on young farm kids who were going back in the well with plenty of Democrats February 3, 1964, so it hadn’t started to the family farm, but first were sub- and I will give Mr. FAZIO and Mr. VOLK- yet. Its goal was to convince the North ject to a draft? MER, and a lot of my other colleagues, Vietnamese that it was in their self-in- What about the 100,000 young black a big chance to take down my words terest to desist from aggression in men who had been denied a good edu- again. South Vietnam. cation in all of the poor schools and But those words, ‘‘aid and comfort to Looking back, it was an absurdly am- ghetto areas around this country, the enemy,’’ have popped up twice just bitious objective. For such a trifling ef- where we lowered the school standard in the last couple of weeks. Mr. Clinton fort, it accomplished virtually nothing. and the tests you had to pass to bring used the words against people who McNamara probably went skiing or them in? What were they? Cannon fod- want to vote out the assault weapon mountain climbing that winter and der? ban. He said that is giving aid and com- here were young Vietnamese that we fort to the criminals in the street, the trained, sent north, bailed out of our b 2130 enemy in the streets, to vote against secret, unmarked airplanes into North What about all the Hispanic-Amer- the assault ban. So Mr. Clinton has aid Vietnam, most of them compromised ican families, particularly in Califor- and comfort to the enemy in his head. and captured and viciously tortured to nia, which had such a family tradition He knows what that expression means. death, and we wrote them off like they for generations of joining the Marine July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6731 Corps? You know, all of our services POW’s. Brig. Gen. Robinson Risner, one ers were known to have died in cap- used to reflect our religious back- of my squadron commanders at George tivity,’’ 97 of them, Mr. Speaker, and ground in our country. But the Marine Air Force Base, shot down eight MiG’s we still have yet to get an accounting Corps is about 33 percent Catholic, in Korea. When they got their hands on on, what did Senator KERREY say on compared with a 24-percent population, Robbie Risner, believe me, the torture ‘‘Meet the Press’’ yesterday? He cor- because West Coast Hispanic families, he suffered was the torture of the rected me from 97 down to 89 I believe. generally Catholic, like the Marine damned. In his book, ‘‘The Darkness of A fine point. ‘‘Yet their remains have Corps. What about all of them? Were The Night,’’ I do not think that is the not been repatriated to the United they just cannon fodder? What about exact title, but it is close, his story of States.’’ the honor graduates from West Point, torture is, again, just medieval, and The former POW’s expressed their the Naval Academy, and the Air Force Capt. Red McDaniel. Red was the com- concerns that many of the ‘‘reports Academy, who got a Rhodes Scholar- munications officer for the escape of from U.S. and Russian intelligence ship and went to what the skipper of Larry Atterbury and John Dromisi. sources maintain several hundred un- the Kitty Hawk told me was the worst Dromisi was beaten for 38 days. He identified American POWs were held hate-America environment he had ever could not move for 3 months, had to be separately from us during the war in been in his life for 2 years, and he over- fed by hand. And Larry Atterbury, 6 both Laos and Vietnam and were not lapped Clinton by a year at Oxford, ex- foot 3, his size gave them away in their released by Hanoi during Operation cept he went to class and graduated, overnight escape, when the sun came Homecoming in 1973.’’ Several hundred. while Clinton was ditching class, never up and they were trapped on the bank I have never held out hope for more went the second year at all, and did not of the Red River. He was stripped than 40, Mr. Speaker. But what do I graduate, 1 of only 6 in his class of 32 naked, four Vietnamese soldiers stood know compared to these POW’s? And who did not graduate. What about all on the arms and legs, all of this with called on Clinton to ‘‘Send a clear mes- those people? the approval of the politboru that we sage to Hanoi that America expects Like the recent commander, that are going to recognize tomorrow at a full cooperation and disclosure on just made three stars, of the 1st Cav- White House Rose Garden cemetery, American POWs and MIAs before alry Division down at Fort Hood who and they beat him until there was no agreeing to establish diplomatic and graduated before Clinton got there, he flesh on his body, from his hair to the special trading privileges with Viet- was back in June of 1968 at Leaven- soles of his feet. He died after 8 days of nam.’’ worth, and then went to Vietnam and constant scourging with long fan belt Since February 2, 1994, Mr. Speaker, won two silver stars. Were they the whips. They actually were fan belts. when we relaxed all the trade sanc- best and the brightest, all of the afore- These officers, and 57 others from the tions, we have gotten back exactly mentioned? Vietnam War, expressed their opposi- eight remains of Americans, and it cost What about all the Americans that tion to establishing diplomatic rela- us thousands of dollars to identify went they got drafted said well, Uncle tions with Vietnam. ‘‘Until you as them, because the remains were mixed Sam wants me, it is an undeclared war, commander-in-chief, Mr. Clinton, tell in with animal bones and several hun- but my dad, my uncle, my older broth- us Honoi is being fully forthcoming in dred Asian sets of remains. Just no er fought in Korea, and that was not a accounting for our missing comrades.’’ care at all, sending us boxes of this, as war, but a police action, according to The letter was sent by Captain though they were cooperating, when President Truman, that was McDaniel, President of the American they have got this warehouse. Unbe- undeclared. But here is McNamara Defense Institute on behalf of the lievable. Eight. calling it a war. Aid and comfort to the former U.S. POW’s from Vietnam, con- We averaged 21 a month under Rea- enemy in time of war. cerned with recent reports that a gan’s 8 years, 24 remains a month Well, I have before me a letter, Mr. White House announcement of the under George Bush’s 4 years, and now Speaker, from some of the greatest move is imminent. They invited my we are down to 8 since February 2 a Americans that this country has ever colleague, SONNY MONTGOMERY, two year ago under Clinton? And that is had serve in uniform, our POW’s in star reserve general, combatant from called prodigious diligence by the Hanoi. This is a group of leaders, the World War II and the 12th Armored Di- Post? Substantial by Senators KERREY ones that were tortured the most, the vision. He just told me that he would and MCCAIN? And what did I say was ones that were tortured far more than not go to such a ceremony, an honor- the word last year, unprecedented, su- others who have gone a different direc- able man, SONNY MONTGOMERY. perb this year? Horrible. tion from them. ‘‘While we appreciate Vietnam’s sup- That was the press release. Here is This comes from the American De- port for U.S. crash site recovery,’’ no the letter. fense Institute, which is founded by big deal, in letting us spend millions of It says, in closing, the press release Eugene Red McDaniel, acknowledged dollars going out to crash sites that brought out the biggest parts of the by all the POW’s, I reread some of his are 30 years old, ‘‘And archival re- letter, and I will insert the whole letter periods of torture in here, and it is ab- search efforts,’’ pathetic, pathetic, into the RECORD, an open letter to solutely incredible that he survived, entry level archival searches, the President Clinton. the tearing apart of his body, the infec- former POW stated, ‘‘We know first- The last paragraphs say, ‘‘America tions, hardly a square inch of his body hand Vietnam’s ability to withhold deserves straightforward answers if was not ripped. Red McDaniel founded critical information while giving the Vietnam really wants normalized dip- this American Defense Institute, and appearance of cooperation.’’ lomatic and economic relations. If here is a press release they put out Elsewhere in the letter the former Vietnam truly has nothing to hide on with the names of 60 U.S. POW heroes POW’s contend that Hanoi could do so the POW–MIA issue, then why have on it. much more to resolve many of the un- they not released their wartime polit- ‘‘Former U.S. POWs oppose normal- resolved POW–MIA cases. I refer any- buro and prison records on American ization with Vietnam, Alexandria, Vir- body watching on C–SPAN, Mr. Speak- POWs and MIAs? Why have they not ginia. In a letter sent to President er, to the aforementioned 260-plus fully disclosed other military records Clinton today, the 10th of July, 60 boxes of heroes’ bones warehoused on the POWs and MIAs?’’ former U.S. POWs, including Congress- somewhere in the suburbs of Hanoi. We have had senators go over there, man SAM JOHNSON, Republican, Texas,’’ ‘‘Some of our fellow servicemen went I am sorry to say, Mr. Speaker, and not SAM had hoped to be with me today, missing during the same incidents ask these direct questions. The polit- but he had a former engagement to- which we survived.’’ Two-seat F–4 buro records are a key, as are the pris- night. ‘‘Lieutenant General John Peter Phantoms side-by-side, A–6 Intruders. on records. Now, they kept accurate Flynn, U.S. Air Force, retired.’’ He was ‘‘Some were captured and never heard records like the gestapo in World War the highest ranking POW at the time from again. Some were known to have II. And yet we have Members, elected he was shot down, senior U.S. colonel been held in captivity for several years to the U.S. Congress, that make ex- in the Air Force, and he rose to the and their ultimate fate has still not cuses for them. ‘‘Oh, with the humidity highest ranks of any of the return been satisfactorily resolved. Still oth- over there, the records have all, you H 6732 CONGRESSIONAL RECORD — HOUSE July 10, 1995 know, mildewed and they have been ‘‘We, therefore, ask you to send a Aspen. So was Michael Benge, walked lost and they have been shuffled clear message to Hanoi that America up the Ho Chi Minh Trail all the way around.’’ expects full cooperation and disclosure up to Hanoi. Marion Marshall, Richard We did not believe that when we on American prisoners and missing in Mullen, another great Irishman suf- brought German war criminals to trial action before agreeing to establish dip- fered severe torture. Phil Smith, Wil- and to execution. They were obsessive lomatic and special trading relations liam Stark, Captain Stark, another about keeping records. I have just seen with Vietnam.’’ great Navy guy. David Allwine, Bob declassified top secret records from Sincerely, John Peter Flynn, Lieu- Barrett, Jack Bomar, another one of 1968, the same year that McNamara is tenant General, Air Force, retired. the Air Force colonels, Larry Chesley. in the Caribbean vacationing and ski- Robbie Risner, I repeat, my squadron SAM JOHNSON just pointed out to me ing at Aspen while these men are being commander at my last base of assign- tonight, Larry Chesley was his tortured to death in Hanoi and beaten. ment, Brigadier General. Our own cou- backseater in his F–4. Chelsey was the That very year I saw a reference that rageous Gary Cooper here from Dallas, first one to get a book out after they we picked up through NSA listening, SAM JOHNSON, Member of Congress. Eu- came back, 7 years in Hanoi. Being a where they referred to our prisoners as gene Red McDaniel, John A. Alpers, very junior officer, he was not tortured ‘‘golden rubies.’’ I remember having a Baugh, Speed, Baldock, Beeler, Boyer, like SAM, badly, slapped around but priest who was captured, a Vietnamese Black, Brown, Carey, Burns, nothing severe. And the Mormon Catholic priest, tell me after he had es- DiBernado, Lieutenant Colonel, Marine church, I remember, helped him pub- caped from the Ho Chi Minh Trail, Corps, horribly tortured. Franke, lish his book quickly. Came out in the being taken north, one of a handful Goodermote, Jensen. James Hickerson, summer of 1973, 2 years before Saigon that were lucky enough to escape, he Navy, married my good friend Carol fell. That was the first of 19 books like said they kept referring to prisoners as Hansen, who lost her handsome young this that I have read cover to cover. ‘‘pearls,’’ as a string of pearls. That Marine Steve Hansen. I am just now rereading SAM JOHN- they watched our men when they would b 2145 SON’s fabulous motivational and inspir- come down in a parachute, try to shoot I took their little son, now Jim ing book. Robert Stirm, C.D. Rice, Ber- it out and kill two or three villagers, Hickerson’s stepson, Todd, up in the nard Talley, Paul Montague. Leo and then take the man captive and not Goodyear blimp to use it as an excuse Thorsness, my friend, Medal of Honor even beat him, just shoo the villagers to talk about the POW’s on my tele- winner. I walked precincts for him up off. There would be two or three dead vision show in 1970. That is 25 years in South Dakota when he had George people there. ago. Todd is now 30, flying F–18’s in the McGovern on the ropes and then came Ted Guy told me the other day how U.S. Navy. Graduate from Annapolis. the Watergate collapse, Nixon’s res- he killed two farmers coming at him James Young. Charlie Plumb, who ignation, less than 90 days before the with machetes and he was captured. He gives inspirational speeches all over election. And Leo got 47 percent; 4 went through several beatings later this country, Captain Plumb, U.S. years later he runs for the House, goes and 4 years of solitary. But the soldiers Navy. Larry Friese, Julius Jayroe, to bed a winner and wakes up, loses by were under orders, these pilots are Bruce Seeber, Konrad Trautman, most less than 100 votes. I remember coming worth their weight in gold. The survi- of them in this book. Larry Barbay. I to our big conference over there. What vors from the dozens that died in the will give the reporters all these names, a great Congressman he would be. Went slimy camps in the south, ‘‘march Mr. Speaker. Ron Bliss, Arthur Burer, on to become a State senator in Wash- them north’’ they said in 1967 and 1968, James O. Hivner, Gordon Larson, ington. Tremendous daughter that I because the POW’s have taken on an Swede Larson, who told the press at a worked with, tremendous wife, Gay absolutely supreme monetary value. press conference at an air base in Lee. That is why they still talk about South Vietnam, why do you fly, colo- Robert Lerseth, Ray Vodhen. Ray Nixon’s disgraceful offer of $3.25 billion nel, they said? He said, I fly to stop the Vodhen, one of our first men captured, to get them to sign on the dotted line supply of arms and materiel, bayonets F–8 crusader pilot, 8 years in captivity after the Paris peace accords and the 18 coming down the Ho Chi Minh Trail so almost. Richard Tangeman. John days of December B–52 raids, only to that these young drafted 18- and 19- Pitchford, another colonel, I worked write off every prisoner in Laos. Re- year-olds will not face this brutal Com- with his wife, another Shirley, I be- member, Mr. Speaker, 499 Americans munist attempt at conquest of Viet- lieve, just like Shirley Johnson, SAM’s missing in Laos, and not a single one nam. I fly to stop those materiel sup- wife. Steven Long, Brian Woods, Dale ever came home. plies from killing our young men down Osborne. The last two paragraphs of the POW in South Vietnam. He was shot down Steven Long, what a story. I met letter is, ‘‘We would only be that afternoon. Swede Larson, name Steven Long the day he came back and compounding a national tragedy if we carved in a wall, snuck out of the first hit the United States. Then I saw normalized relations with Hanoi before camps, turned up a prisoner years him a couple years ago, to refresh my you as commander-in-chief can tell us later. His family never gave up hope memory. He was shot down on the Ho Hanoi is being fully forthcoming in ac- praying for Swede. Robert Lewis, mas- Chi Minh Trail. Captured by Pathet counting for our missing comrades.’’ ter sergeant, U.S. Army, another he- Lao and then immediately turned over Compounding a national tragedy. If roic POW; Jim Lamar, colonel. At one to the North Vietnamese. there are a million Americans, or more time the four colonels were isolated They took him inside a cave in Laos than that, watching tonight, Mr. from everybody else. He was one of the that he said was so massively cavern- Speaker, I want them to hear those first of the four Air Force colonels, Ar- ous that they had three floors in the words ringing in their heads tomorrow mand Myers, Terry Uyeyama, colonel, cave made with bamboo, solid bamboo around noon eastern time, if we reward U.S. Air Force. I think he is from Ha- flooring. And every now and then a per- the war criminals and the war criminal waii. Richard Vogol. Ted Guy who tes- son would come by with one of these JOP in Hanoi with the final insult, be- tified before my committee last week, little Dutchboy hats on that the traying 1.5 million Vietnamese casual- horrible beatings, 4 years in solitary Pathet Lao wore. And he would say, ties, half a million or more, 700,000 confinement, just like Congressman North Vietnamese? And they would say United States wounded, and those JOHNSON. Paul Galanti hit the cover of no, no, Pathet Lao, Pathet Lao. But 58,747, roughly, names on the Vietnam Life Magazine, sign behind him, clean there was very few of them. He said the Wall. and neat, all that orchestrated stuff. cave was filled with North Vietnamese. ‘‘Perhaps more than any other group Laird Guttersen, another Air Force Troops moving south. He was moved of Americans, we desire to put the war colonel, one of the heroes, I worked within 24 hours on his way to the Hanoi behind us, but it must be done in an closely with his wife, as I did with SAM prison system. The tragedy about—let honorable way.’’ And that sentence is JOHNSON’s wife. Larry Stark, civilian, us see what rank he retired as. The underlined. It must be done in an hon- captured during the Tet offensive, cap- tragedy with—colonel, U.S. Air Force, orable way. tured while McNamara was skiing in so he had a full career. July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6733 The tragedy is that Nixon, through there looking at a headline that says, Then all of a sudden the helicopter Kissinger and Ambassador Larry all prisoners were returned from Laos. makes another low pass and they run Eagleburger and current Assistant Sec- Nixon wins, it said, all Laotian-held off into the jungle and leave him there. retary for East Asian and Pacific Af- prisoners returned. Not Dave Hrdlicka, He gets his footing back, stands up and fairs, Winston Lord, whom I met with not Eugene DeBruin, not Charlie Skel- runs into the jungle. The bamboo pole one of my sons in Beijing in 1988, as I ton who was shot down on his 33d through his arms is hitting the trees was getting ready, at my expense, Mr. birthday, father of five, his oldest son and he thinks he is going to break his Speaker, to ride the Trans-Siberian now a Franciscan priest, already or- neck with a whiplash until finally the Railroad, these three in Paris, in as- dained 20 years or so. bamboo pole collapses and he puts it in cending importance, Winston Lord, I said not the four, the people from front of him like wings and runs Larry Eagleburger, and Kissinger made the plane shot down along the trail of through the woods and comes into a a tragic mistake. They demanded that late 1972. This is not what they are clearing in the woods. Laos, which had a seat in the United talking about. They are talking about As he is telling me this in this filthy Nations then, as did Cambodia, Viet- people held inside the Hanoi prison sys- hotel in Moscow, built in the late nam did not, they demanded that Laos tem who were captured, like Long, on 1940’s, Gothic looking, ugly looking, return all their prisoners. the Ho Chi Minh Trail, pulled into one of the seven sisters, tears are run- And they told me to my face, in one those caves and sent off to the Hanoi ning down his face, telling me how the of my four visits to Laos, that we have system, to Dogpatch, to the Planta- helicopter comes down low over him tens of tens of American prisoners, tion, to New Guy Village or to the and then climbs up over the tree line Scot Petroski said that in front of dreaded hellhole of Wallow. They were and he breaks down crying like a baby. Carol Hanson, now Carol Hickerson, held there, all 10 of them. He says, all of a sudden four people and three of the other wives who have There was one exception, Ernie pounce on him and he begins to fight. never remarried. They could not find Brace, a CIA Air American crewman, And he says it reminds me now in ret- the second hero. He told the five of us, captured, the rest of his crew was rospect like one of these cartoons in I have tens and tens, and tens of pris- killed. He was taken to Dien Bien Phu, the comics in the newspaper where you oners, over 100 prisoners, and we will which is right on the border between just see a ball of activity with arms return them when you negotiate di- Laos, just inside North Vietnam. He and legs and fur coming out of it. And rectly with the Pathet Lao Com- was held there for 3 weeks. Then taken he said, all of a sudden he is punching munists here in Luang Prubong or to Hanoi. And the first person who these guys in the face. All of a sudden down in Vien Chong in the Mekong. tapped him up on the wall was young he is aware of a downdraft and they lift And, of course, Kissinger said, you will JOHN MCCAIN, now a U.S. Senator. him up in the air and throw him on a return all prisoners through Hanoi. So except for 3 weeks with Ernie helicopter and climb in after him, and That is what we negotiated with the Brace, all of the 10 were held in the they were friendly Laotian forces, an people who have the hegemony over Hanoi prison system. Bottom line: Not insert team that helped rescue this Air the whole area, the ones that Clinton a single American hero returned from Force colonel, name forgotten to me, wants to normalize with tomorrow. Laos. And before somebody nitpicks, flying our 707 into Moscow. The tragedy is that Kissinger kept yes, there was Dieter Dengler, who had He said the copilot, like in the movie, bombing Laos after January 27, 1973. been an Eastern Airlines pilot up to its turns around and says, do you want a We bombed for 4 days. then all Feb- collapse and probably retired, maybe beer? And he said they took him back. Never have seen this story reported ruary. That was not a leap year, 28 still flying. Dieter Dengler escaped anywhere, checked it out, found out it days. then all March, all April, all 31 with the young Air Force lieutenant, was true. That is one of the air escape days of May, all June, all 31 days of Dean something, watched Dean totally, cases from Laos. But he was never re- July and almost up to the end of Au- cleanly beheaded right in front of him corded a prisoner. There was one man gust. For 8 months we kept bombing by a farmer with a machete and got up shot down after January 1973 that Sen- Laos and telling them, but return your and ran until his body was slashed ator Cranston intervened on his behalf. American prisoners through Hanoi. from all the vines and staggered into a We got him back sometime in 1974 or And Laos told us to go to hell. And do small encampment in south Laos, an early 1975. you know what, there is a certain logic absolute wreck. That was an escape I know all the exception cases, so do to Laos saying, you stop bombing us case. not anybody write me who is watching and we will give your prisoners back. And then the pilot of one of these on C–SPAN that I do not know what I Kissinger won the Nobel Prize, Le Duc 89th Squadron perk flights out of An- am talking about. I am a bloody expert Tho refused it because he said, I am drews that took a Lester Wolff CODEL on this issue for 30 years. That is why not through fighting yet, and he did into Moscow. I am sitting with him in I have every right to say, it is a treach- not. Two years later, without ever re- the Ukrainia Hotel. He tells me how he ery to normalize relations with the war ceiving the $100,000 or so from the was shot down in an old V–10 in Laos. criminals in Hanoi, to tell dictator- Nobel Prize, up to $300,000 now, he just His backseater, I can still remember ships all over the world that you do not kept fighting. the call sign Shoebox. They were being ever have to have an election. There is To Kissinger’s credit, the money he beaten in a small hootch by Pathet Lao no election planned in Vietnam and took, because he did take that prize, he Communists who could not speak Eng- they have told us there never will be. gave that money to the families who lish. They were screaming back at him, Castro, for over three decades, has had missing in action heroes so that taking the Lord’s name in vain, why never had an election and never will their children could use Kissinger’s are you yelling at us, what are you have until God takes him out. He will award money for college scholarships. beating us for? We can—cannot speak have his cells filled with political pris- An honorable thing that not many peo- English. And they take the master ser- oners. ple know about. I want Kissinger to geant Shoebox outside. And all of a come before my chairmanship and my sudden they hear helicopters fly over. b 2200 military personnel committee. I will And he says, he hears Shoebox, a blood- China, what are they doing to Amer- not have to subpoena him. I want him curdling scream. And they untie him ican Harry Wu? They will not even let and Larry Eagleburger and Winston from this bamboo pole inside the us meet with him, violating every dip- Lord to explain to me how they wrote hootch. He still had a pole through his lomatic code. North Korea, in concert off Steven Long, colonel of the U.S. Air arms. And they drag him outside, and with Iran, trying to send them New Force, retired, as a Laotian-held pris- he sees Shoebox stabbed in the lower Dawn missiles, the capability to strike oner. abdomen and cut all the way up to his not just Israel but to strike into Eu- I remember standing in Brentwood, throat, his intestines coming out. He rope, into NATO countries, cover all of CA, not 100 yards from where Nicole said his legs went to jelly under him. Turkey with missiles. It is unbeliev- Simpson and Ron Goldman were mur- He collapsed on the ground. able that we should rationalize we are dered, at a news rack in front of the They picked him up and dragged him playing China off against Vietnam. We Westward Ho market. I am standing along, his legs dragging in the ground. tried to play Iraq against Iran. H 6734 CONGRESSIONAL RECORD — HOUSE July 10, 1995 Mr. Speaker, I will close with this. continuing to use similar tactics in its deal- USAF(ret); Richard D. Vogel, Col, Ask the 148 families of Americans who ings with the United States. USAF(ret); Ted Guy, Col, USAF(ret); lost our men in the Gulf war, or the 99 Of particular concern to us are the several Paul E. Galanti, CDR, USN(ret); Laird hundred POW/MIA cases involving our fellow British and French and allied people Guttersen, Col, USAF(ret); Lawrence J. servicemen who were captured or lost in Stark, Civ; Michael D. Benge, Civ; Mar- who lost men. Ask them if they think enemy-controlled areas during the war, yet ion A. Marshall, Lt Col, USAF(ret); it was good to play the Iraq card they still have not been accounted for by Richard D. Mullen, CAPT, USN(ret); against Iran. It is going to be a dis- Vietnam. We understand that much of the Philip E. Smith, Lt Col, USAF(ret); graceful day in our history tomorrow. fragmentary information provided by Viet- William Stark, CAPT, USN(ret); David Mr. Speaker, I include for the namese officials to date indicates they could F. Allwine, MSgt, USA(ret); Bob do more to resolve these cases. RECORD a press release from the Amer- Barrett, Col, USAF(ret); Jack W. Some of our fellow servicemen became Bomar, Col, USAF(ret); Larry J. ican Defense Institute and a copy of a missing during the same incidents which we letter to President Clinton: Chesley, Lt Col, USAF(ret); C.D. Rice, survived. They have not been accounted for. CDR, USN(ret); Robert L. Stirm, Col, THE AMERICAN DEFENSE INSTITUTE, Some were captured and never heard from USAF(ret); Bernard Talley, Col, Alexandria, VA, July 10, 1995. again. They have not been accounted for. USAF(ret); Paul Montague, Civ; Leo FORMER UNITED STATES POW’S OPPOSE NOR- Some were known to have been held in cap- Thorsness, Col, USAF(ret); Robert MALIZATION WITH VIETNAM tivity for several years and their ultimate Lerseth, CAPT, USN(ret); Ray A. ALEXANDRIA, VA.—In a letter sent to Presi- fate has still not been satisfactorily re- Vodhen, CAPT, USN(ret); Richard G. dent Clinton today, 60 former U.S. POWs—in- solved. They have not been accounted for. Tangeman, CAPT, USN(ret); John cluding Congressman Sam Johnson, (R–TX); Still others were known to have died in cap- Pitchford, Col, USAF(ret); Steven LtGen John Peter Flynn, USAF (Ret); BG tivity, yet their remains have not been repa- Long, Col, USAF(ret); Brian Woods, Robinson Risner, USAF (Ret); and Captain triated to the United States. They have not CAPT, USN(ret); Dale Osborne, CAPT, Red McDaniel, USN(Ret)—from the Vietnam been accounted for. USN(ret). War expressed their opposition to establish- Finally, we remain deeply concerned with ing diplomatic relations with Vietnam reports from U.S. and Russian intelligence f sources that maintain several hundred un- ‘‘until you, as Commander in Chief, tell us LEAVE OF ABSENCE Hanoi is being fully forthcoming in account- identified American POWs were held sepa- ing for our missing comrades.’’ The letter rately from us during war, in both Laos and By unanimous consent, leave of ab- was sent by Captain McDaniel, President of Vietnam, and were not released by Hanoi sence was granted to: the American Defense Institute, on behalf of during Operation Homecoming in 1973. Many Mr. GRAHAM (at the request of Mr. of these reports have yet to be fully inves- former U.S. POWs from Vietnam concerned ARMEY), for today until 7:30 p.m., on tigated. with recent reports that a White House an- account of illness. nouncement of the move is imminent. American deserves straightforward an- Mr. MFUME (at the request of Mr. ‘‘While we appreciate Vietnam’s support swers if Vietnam really wants normalized for U.S. crash site recovery and archival re- diplomatic and economic relations. If Viet- GEPHARDT), for today, on account of of- search efforts,’’ the former POWs stated, ‘‘we nam truly has nothing to hide on the POW/ ficial business. know first-hand Vietnam’s ability to with- MIA issue, then why have they not released Mr. TUCKER (at the request of Mr. hold critical information while giving the their wartime politburo and prison records GEPHARDT), for today, on account of of- appearance of cooperation.’’ on American POWs and MIAs? Why have ficial business. Elsewhere in the letter, the former POWs they not fully disclosed other military f contend that Hanoi ‘‘could do much more’’ records on POWs and MIAs? We would only be compounding a national to resolve many of the unresolved POW/MIA SPECIAL ORDERS GRANTED cases. tragedy if we normalized relations with ‘‘Some of our fellow servicemen became Hanoi before you, as Commander in Chief, By unanimous consent, permission to missing during the same incidents which we can tell us Hanoi is being fully forthcoming address the House, following the legis- survived. . . Some were captured and never in accounting for our missing comrades. lative program and any special orders Perhaps more than any other group of heard from again. . . Still others were Americans, we want to put the war behind heretofore entered, was granted to: known to have died in captivity, yet their re- us. But it must be done in an honorable way. (The following Members (at the re- mains have not been repatriated to the Unit- We, therefore, ask you send a clear message quest of Mr. KINGSTON) to revise and ed States.’’ to Hanoi that America expects full coopera- extend their remarks and include ex- The former POWs expressed their concern tion and disclosure on American POWs and that many of the ‘‘reports from U.S. and traneous material:) MIAs before agreeing to establish diplomatic Russian intelligence sources that maintain Mr. WELDON of Florida, for 5 minutes, and special trading privileges with Vietnam. several hundred unidentified American today. Sincerely, POWs were held separately from us during Mr. KINGSTON, for 5 minutes, today. John Peter Flynn, Lt Gen, USAF(ret); the war, in both Laos and Vietnam, and were Robinson Risner, Brig Gen, USAF(ret); Mr. FOX of Pennsylvania, for 5 min- not released by Hanoi during Operation Sam Johnson, Member of Congress; Eu- utes, today. Homecoming in 1973. . . have yet to be fully gene ‘‘Red’’ McDaniel, CAPT, USN(ret); Mr. ROTH, for 5 minutes, today. investigated’’ and called on the President to John A. Alpers, Lt Col, USAF(ret); Wil- (The following Members (at the re- ‘‘send a clear message to Hanoi that America liam J. Baugh, Col, USAF(ret); Adkins, expects full cooperation and disclosure on quest of Mr. LUTHER) to revise and ex- C. Speed, MAJ, USA(ret); F.C. Baldock, American POWs and MIAs before agreeing to tend their remarks and include extra- CDR, USN(ret); Carroll Beeler, CAPT, establish diplomatic and special trading neous material:) USN(ret); Terry L. Boyer, Lt Col, privileges with Vietnam.’’ Ms. KAPTUR, for 5 minutes, today. USAF(ret); Cole Black, CAPT Attached is a copy of the letter and the list Mr. OWENS, for 5 minutes, today. USN(ret); Paul G. Brown, LtCol, of the former POWs. USMC(ret); David J. Carey, CAPT, f JULY 10, 1995. USN(ret); John D. Burns, CAPT, AN OPEN LETTER TO PRESIDENT CLINTON USN(ret); James V. DiBernado, LtCol, EXTENSION OF REMARKS FROM FORMER U.S. POW’S USMC(ret); F.A.W. Franke, CAPT, By unanimous consent, permission to Hon. WILLIAM J. CLINTON, PRESIDENT OF THE USN(ret); Wayne Goodermote, CAPT, revise and extend remarks was granted UNITED STATES, THE WHITE HOUSE, WASH- USN(ret); Jay R. Jensen, Lt Col, to: INGTON, DC. USAF(ret); James M. Hickerson, (The following Members (at the re- DEAR MR. PRESIDENT: As former U.S. Pris- CAPT, USN(ret); James F. Young, Col, oners of war during the Vietnam Conflict, we USAF(ret); J. Charles Plumb, CAPT quest of Mr. KINGSTON) and to include are writing to request not to establish nor- USN(ret); Larry Friese, CDR, USN(ret); extraneous matter:) mal diplomatic relations with Vietnam until Julius Jayroe, Col, USAF(ret); Bruce Mr. SHAYS. you can certify that there has been full dis- Seeber, Col, USAF(ret); Konrad Mr. BILBRAY. closure and cooperation by Hanoi on the Trautman, Col, USAF(ret); Lawrence Mr. MARTINI in two instances. POW/MIA issue. While we appreciate Viet- Barbay, Lt Col, USAF(ret); Ron Bliss, Mr. GILMAN in three instances. nam’s support for U.S. crash site recovery Capt, USAF(ret); Arthur Burer, Col, Mr. LATHAM. and archival research efforts, we know first- USAF(ret); James O. Hivner, Col, (The following Members (at the re- hand Vietnam’s ability to withhold critical USAF(ret); Gordon A. Larson, Col, information while giving the appearance of USAF(ret); Robert Lewis, MSgt, quest of Mr. LUTHER) and to include ex- cooperation. We were all subjected to such USA(ret); James L. Lamar, Col, traneous matter:) propaganda activity during the war, and we USAF(ret); Armand J. Myers, Col, Mr. STUPAK. would be the least surprised if Hanoi was USAF(ret); Terry Uyeyama, Col, Mr. FRANK of Massachusetts. Mr. FARR. July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6735

Mr. TOWNS in three instances. in May 1995, pursuant to 31 U.S.C. 719(h); to By Mr. NORWOOD: Mr. TORRES. the Committee on Government Reform and H.R. 1999. A bill to establish the Augusta Mr. MILLER of California. Oversight. Canal National Heritage Area in the State of 1158. A letter from the Deputy and Acting Georgia, and for other purposes; to the Com- Mr. JACOBS. CEO, Resolution Trust Corporation, trans- mittee on Resources. Mr. HINCHEY in two instances. mitting the corporation’s annual manage- By Mr. SANDERS (for himself, Mr. EAL Mr. N . ment report for the year ended December 31, MCHALE, Mr. HINCHEY, Mr. DELLUMS, Mr. MENENDEZ. 1994, pursuant to Public Law 101–576, section and Mr. FALEOMAVAEGA): Mr. YATES. 306(a) (104 Stat. 2854); to the Committee on H.R. 2000. A bill to amend the Agricultural Mr. UNDERWOOD. Government Reform and Oversight. Act of 1949 to provide for the establishment (The following Members (at the re- 1159. A letter from the The Librarian of of a multiple-tier price support program for quest of Mr. DORNAN) and to include ex- Congress, transmitting the report of the ac- milk to assist milk producers to receive an traneous matter:) tivities of the Library of Congress, including adequate income from their dairy operations the Copyright Office, for the fiscal year end- Mr. WAXMAN. and to support long-term conservation prac- ing September 30, 1994, pursuant to 2 U.S.C. tices by milk producers, while assuring suffi- Mr. DORNAN. 139; to the Committee on House Oversight. cient low-cost dairy products for nutrition f 1160. A letter from the Chief Justice, Su- assistance programs; to the Committee on preme Court of the United States, transmit- Agriculture. ADJOURNMENT ting a copy of the report of the proceedings By Mr. BOEHNER: Mr. DORNAN. Mr. Speaker, I move of the Judicial Conference of the United H. Res. 183. Resolution electing Represent- States, held in Washington DC, on March 14, that the House do now adjourn. ative GREG LAUGHLIN of Texas to the Com- 1995, pursuant to 28 U.S.C. 331; to the Com- mittee on Ways and Means; considered and The motion was agreed to; accord- mittee on the Judiciary. ingly (at 10 o’clock p.m.), under its pre- agreed to. 1161. A letter from the Secretary of Com- By Mrs. MALONEY (for herself, Mr. merce, transmitting the third report on the vious order, the House adjourned until MILLER of California, Ms. PELOSI, Mr. impact of increased aeronautical and nau- tomorrow, Tuesday, July 11, 1995, at 9 DELLUMS, Ms. MCKINNEY, Ms. tical chart prices, pursuant to 44 U.S.C. a.m. VELAZQUEZ, Mr. FATTAH, Ms. 1307(a)(2)(A); to the Committee on Transpor- LOFGREN, Mr. FALEOMAVAEGA, and f tation and Infrastructure. Mr. REYNOLDS): 1162. A communication from the President H. Res. 184. Resolution amending the Rules EXECUTIVE COMMUNICATIONS, of the United States, transmitting an up- of the House of Representatives to require ETC. dated report concerning the emigration laws that committee reports accompanying re- and policies of Bulgaria, pursuant to 19 Under clause 2 of rule XXIV, execu- ported bills and joint resolutions contain a U.S.C. 2432(b) (H. Doc. No. 104–92); to the tive communications were taken from detailed analysis of the impact of the bill or Committee on Ways and Means and ordered the Speaker’s table and referred as fol- joint resolution on children; to the Commit- to be printed. lows: 1163. A letter from the General Counsel, tee on Rules. 1151. A letter from the Assistant Secretary Department of Defense, transmitting a draft f (Legislative Affairs and Public Liaison), De- of proposed legislation to designate defense partment of the Treasury, transmitting a acquisition pilot programs in accordance MEMORIALS copy of a Presidential memorandum: Certifi- with National Defense Authorization Act for Under clause 4 of rule XXII, cation regarding use of the exchange sta- fiscal year 1991, and for other purposes; joint- 126. The SPEAKER: Presented a memorial bilization fund and Federal Reserve in rela- ly, to the Committees on National Security, of the General Assembly of the State of Ne- tion to the economic crisis in Mexico, pursu- Government Reform and Oversight, and vada, relative to custody requirements for ant to Public Law 104–6, section 406(a) (109 Small Business. Stat. 91); to the Committee on Banking and 1164. A letter from the Secretary, Depart- prisoners that exceed constitutional require- Financial Services. ment of Health and Human Services, trans- ments; to the Committee on the Judiciary. 1152. A letter from the Chairman, Nuclear mitting a draft of proposed legislation enti- f Regulatory Commission, transmitting a re- tled, ‘‘Medicare and Medicaid Payment In- port on abnormal occurrences at licensed nu- tegrity Act of 1995’’; jointly, to the Commit- PRIVATE BILLS AND clear facilities for the fourth quarter of cal- tees on Ways and Means, Commerce, and the RESOLUTIONS endar year 1994, pursuant to 42 U.S.C. 5848; to Budget. Under clause 1 of rule XXII, the Committee on Commerce. f 1153. A letter from the Director, Defense Mr. SCOTT introduced a bill (H.R. 2001) for Security Assistance Agency, transmitting REPORTS OF COMMITTEES ON the relief of Norton R. Girault; to the Com- the Department of the Army’s proposed lease PUBLIC BILLS AND RESOLUTIONS mittee on the Judiciary. of defense articles to Bahrain (Transmittal f No. 27–95), pursuant to 22 U.S.C. 2796a(a); to Under clause 2 of rule XIII, reports of the Committee on International Relations. committees were delivered to the Clerk ADDITIONAL SPONSORS for printing and reference to the proper 1154. A letter from the Assistant Secretary Under clause 4 of rule XXII, sponsors for Legislative Affairs, Department of State, calendar, as follows: were added to public bills and resolu- transmitting notification of a proposed man- Mr. CLINGER: Committee on Government ufacturing license agreement for production Reform and Oversight. H.R. 1826. A bill to re- tions as follows: of major military equipment with Thailand peal the authorization of transitional appro- H.R. 38: Mrs. LOWEY, Mr. SMITH of New Jer- (Transmittal No. DTC–40–95), pursuant to 22 priations for the U.S. Postal Service, and for sey, Mr. MANZULLO, Mrs. MEEK of Florida, U.S.C. 2776(d); to the Committee on Inter- other purposes (Rept. 104–174). Referred to Mr. PORTER, Mr. GILCHREST, Mr. MASCARA, national Relations. the Committee of the Whole House on the Mr. HAYWORTH, and Mr. DE LA GARZA. 1155. A letter from the Assistant Secretary State of the Union. H.R. 218: Mr. ANDREWS. for Legislative Affairs, Department of State, f H.R. 248: Mr. WATTS of Oklahoma, Mr. transmitting notification of a proposed li- BEILENSON, Mr. FRAZER, Mr. ENGLISH of cense for the export of major defense equip- PUBLIC BILLS AND RESOLUTIONS Pennsylvania, and Mr. BOUCHER. ment and services sold commercially to New H.R. 263: Mr. SERRANO and Mr. MANTON. Under clause 5 of rule X and clause 4 Zealand (Transmittal No. DTC–36–95), pursu- H.R. 371: Mr. COLEMAN. ant to 22 U.S.C. 2776(c); to the Committee on of rule XXII, public bills and resolu- H.R. 491: Mr. DUNCAN. International Relations. tions were introduced and severally re- H.R. 661: Mr. MINGE. 1156. A letter from the Assistant Secretary ferred as follows: H.R. 677: Mr. TORKILDSEN, Mr. MATSUI, and for Legislative Affairs, Department of State, By Mr. EMERSON: Mr. STUDDS. transmitting a copy of Presidential Deter- H.R. 1997. A bill to provide flexibility to H.R. 709: Mr. ENGEL and Ms. DELAURO. mination No. 95–29: Determination to au- States in the administration of the Food H.R. 733: Mr. GUTIERREZ, Ms. PELOSI, Mr. thorize the furnishing of emergency military Stamp Program, consolidation of the com- SHADEGG, and Mr. JOHNSTON of Florida. assistance to the United Nations in support modity distribution programs, and for other H.R. 734: Mr. GUTIERREZ and Mr. SHADEGG. of the Rapid Reaction Force in Bosnia under purposes; to the Committee on Agriculture. H.R. 736: Mr. STOCKMAN, Mr. DOOLITTLE, section 506(a)(1) of the Foreign Assistance By Mr. BARR: and Mr. WICKER. Act, pursuant to 22 U.S.C. 2318(a)(1); to the H.R. 1998. A bill to provide for State credit H.R. 739: Mrs. SEASTRAND, Mr. CHAMBLISS, Committee on International Relations. union representation on the National Credit and Mr. BONO. 1157. A letter from the Comptroller Gen- Union Administration Board, and for other H.R. 789: Mrs. VUCANOVICH and Mr. ZIMMER. eral, General Accounting Office, transmit- purposes; to the Committee on Banking and H.R. 833: Mr. WILLIAMS. ting the list of all reports issued or released Financial Services. H.R. 835: Mr. REYNOLDS. H 6736 CONGRESSIONAL RECORD — HOUSE July 10, 1995

H.R. 863: Ms. RIVERS, Mr. BROWN of Califor- H. Res. 122: Mr. ENGEL. shall use the amounts in the Fund to re- nia, Mr. DELLUMS, Ms. FURSE, and Mr. H. Res. 142: Mr. REYNOLDS, Mr. SAWYER, deem, or buy before maturity, obligations of POSHARD. Mr. CLAY, Mrs. MINK of Hawaii, Mr. HAST- the Federal Government that are included in H.R. 868: Mr. BURTON of Indiana, Mr. INGS of Florida, Mr. THOMPSON, Mr. ROMERO- the public debt. Any obligation of the Fed- SHAYS, and Mrs. MEYERS of Kansas. BARCELO, Mr. RANGEL, Mrs. SCHROEDER, Mr. eral Government that is paid, redeemed, or H.R. 882: Mr. LUTHER, Ms. LOFGREN, Mr. CONYERS, Mr. WATT of North Carolina, Mr. bought with money from the Fund shall be DEFAZIO, Mr. ENGEL, Mr. RANGEL, and Mrs. ENGEL, and Mr. BOUCHER. canceled and retired and may not be re- KELLY. f issued. H.R. 940: Mr. MINETA. (e) DOWNWARD ADJUSTMENTS IN DISCRE- H.R. 941: Mr. DELLUMS, Mr. TRAFICANT, Mr. AMENDMENTS TIONARY SPENDING LIMITS.—Upon the enact- ABERCROMBIE, Mr. EVANS, Mr. FRAZER, Mr. ment of this Act, the Director of the Office MEEHAN, Mr. NADLER, Ms. NORTON, Mrs. Under clause 6 of rule XXIII, pro- of Management and Budget shall make MALONEY, Mr. PAYNE of New Jersey, and Mr. posed amendments were submitted as downward adjustments in the adjusted dis- ENGEL. follows: cretionary spending limits (new budget au- H.R. 1006: Mr. ENGEL. H.R. 1905 thority and outlays) as set forth in section H.R. 1021: Mr. MCHALE. OFFERED BY: MR. MARKEY 601(a)(2) of the Congressional Budget Act of H.R. 1066: Mr. ENGEL. 1974 by the aggregate amount of estimated AMENDMENT NO. 34: Page 29, after line 25, H.R. 1083: Mr. KINGSTON and Mr. BAKER of reductions in new budget authority and out- insert the following new section: Louisiana. lays transferred to the Fund under sub- SEC. 505. The amounts otherwise provided H.R. 1143: Mr. BERMAN, Mr. CUNNINGHAM, section (c) for such fiscal year, as calculated by this Act are revised by reducing the Mr. ENGLISH of Pennsylvania, Mr. TOWNS, by the Director. amount made available for ‘‘Energy Supply, Mr. LIVINGSTON, Mr. FROST, Mr. STUPAK, Mr. H.R. 1976 LAHOOD, Mr. PAXON, Mr. MCHUGH, Mr. Research and Development Activities’’, and HEINEMAN, Mr. INGLIS of South Carolina, Mr. increasing the amount made available for OFFERED BY: MR. SANDERS KING, Ms. LOFGREN, Ms. RIVERS, Mr. SAN- ‘‘Nuclear Waste Disposal Fund’’ and ‘‘Nu- AMENDMENT NO. 2: Page 69, strike lines 17 FORD, Mr. ENGEL, and Mr. CRAMER. clear Regulatory Commission—Salaries and and 18 and insert a period. H.R. 1144: Ms. RIVERS, Ms. LOFGREN, Mr. Expenses’’ (consisting of an increase of H.R. 1976 $200,000,000 and $11,000,000, respectively), by KING, Mr. INGLIS of South Carolina, Mr. OFFERED BY: MR. SANDERS HEINEMAN, Mr. MCHUGH, Mr. PAXON, Mr. $211,000,000. AMENDMENT NO. 3: Page 71, after line 2, in- LAHOOD, Mr. STUPAK, Mr. FROST, Mr. LIVING- H.R. 1905 sert the following new section: STON, Mr. TOWNS, Mr. ENGLISH of Pennsylva- OFFERED BY: MR. SANDERS SEC. 726. None of the funds made available nia, Mr. CUNNINGHAM, Mr. BERMAN, Mr. SAN- AMENDMENT NO. 35: Page 16, line 1, after in this Act may be used to pay the salaries FORD, Mr. ENGEL, and Mr. CRAMER. the dollar amount, insert the following: of personnel who carry out a market pro- H.R. 1145: Mr. SANFORD, Mr. ENGEL, Mr. ‘‘(less $20,000,000)’’. motion program pursuant to section 203 of CRAMER, Mr. DOYLE and Mr. LATOURETTE. H.R. 1905 the Agricultural Trade Act of 1978 (7 U.S.C. H.R. 1154: Mr. SMITH of New Jersey, Mr. 5623). MANZULLO, and Mr. MARTINI. OFFERED BY: MR. SANDERS H.R. 1169: Mr. SERRANO and Mr. ENGEL. AMENDMENT NO. 36: Page 16, line 1, after H.R. 1976 H.R. 1204: Mr. MCDERMOTT. the dollar amount, insert the following: OFFERED BY: MR. SANDERS H.R. 1314: Mr. GORDON. ‘‘(less $53,923,000)’’. AMENDMENT NO. 4: Page 71, after line 2, in- H.R. 1356: Mr. OWENS, Mr. POSHARD, and H.R. 1905 sert the following new section: Mr. BROWN of California. OFFERED BY: MR. SANDERS SEC. 726. None of the funds made available H.R. 1376: Mr. SOLOMON, Ms. LOFGREN, Mr. in this Act may be used to pay the salaries AMENDMENT NO. 37: Page 16, line 1, after TORRES, Mr. THOMPSON, Mr. BARCIA of Michi- of personnel who carry out the annual pro- gan, Mr. CLINGER, Mr. ACKERMAN, Mr. MI- the dollar amount, insert the following: ‘‘(less $255,698,000)’’. grams established under the Agricultural NETA, and Mr. HEINEMAN. Act of 1949 for wheat, feed grains, upland cot- H.R. 1377: Mr. ZIMMER. H.R. 1905 ton, extra long staple cotton, rice, and other H.R. 1381: Ms. MCKINNEY and Mr. HILLIARD. OFFERED BY: MR. SANDERS commodities when the total amount of pay- H.R. 1444: Mr. FALEOMAVAEGA, Mr. FARR, AMENDMENT NO. 38: Page 18, strike lines 8 ments under one or more of such programs Ms. NORTON, Mrs. MALONEY, and Ms. through 20. exceed $50,000 per producer. LOFGREN. H.R. 1533: Mr. DORNAN and Mr. LOBIONDO. H.R. 1976 H.R. 1977 H.R. 1559: Mr. LAFALCE, Ms. SLAUGHTER, OFFERED BY: MR. BREWSTER OFFERED BY: MR. BREWSTER Mr. REYNOLDS, Mr. CAMP and Mr. DOYLE. AMENDMENT NO. 1: At the end of the bill, AMENDMENT NO. 3: At the end of the bill, H.R. 1560: Mr. RUSH. add the following new title: add the following new title: H.R. 1568: Mr. ENGEL. TITLE VIII—DEFICIT REDUCTION TITLE IV—DEFICIT REDUCTION H.R. 1594: Ms. PRYCE and Mr. ALLARD. LOCKBOX LOCKBOX H.R. 1610: Mr. HORN and Mr. GREENWOOD. DEFICIT REDUCTION TRUST FUND, DOWNWARD H.R. 1675: Mr. DICKEY. DEFICIT REDUCTION TRUST FUND; DOWNWARD ADJUSTMENTS IN DISCRETIONARY SPENDING H.R. 1716: Mr. EMERSON. ADJUSTMENTS IN DISCRETIONARY SPENDING H.R. 1735: Mr. RANGEL, Mr. FROST, Mr. LIMITS LIMITS EVANS, Mr. FRAZER, Ms. MCKINNEY, Mr. SEC. 801. (a) ESTABLISHMENT.—There is es- SEC. 401. (a) ESTABLISHMENT.—There is es- ENGEL, and Mr. BORSKI. tablished in the Treasury of the United tablished in the Treasury of the United H.R. 1744: Mr. ROTH. States a trust fund to be known as the ‘‘Defi- States a trust fund to be known as the ‘‘Defi- H.R. 1758: Mr. SERRANO and Mr. COLEMAN. cit Reduction Trust Fund’’ (in this title re- cit Reduction Trust Fund’’ (in this title re- H.R. 1765: Mr. STUMP, Mrs. ROUKEMA, Mr. ferred to as the ‘‘Fund’’). ferred to as the ‘‘Fund’’). SKEEN, Mr. PACKARD, Mrs. CHENOWETH, and (b) CONTENTS.—The Fund shall consist only (b) CONTENTS.—The Fund shall consist only Mrs. SEASTRAND. of amounts transferred to the Fund under of amounts transferred to the Fund under H.R. 1863: Mr. HILLIARD, Mr. VENTO, Mr. subsection (c). subsection (c). GENE GREEN of Texas, Mr. SKAGGS, and Mr. (c) TRANSFERS OF MONEYS TO FUND.—The (c) TRANSFERS OF MONEYS TO FUND.—The FATTAH. Secretary of the Treasury shall transfer to Secretary of the Treasury shall transfer to H.R. 1872: Mr. BALDACCI and Mrs. SCHROE- the Fund an amount equal to the allocations the Fund an amount equal to the allocations DER. under section 602(b)(1) of the Congressional under section 602(b)(1) of the Congressional H.R. 1885: Mr. EWING and Mr. BASS. Budget Act of 1974 to the subcommittee of Budget Act of 1974 to the subcommittee of H.R. 1891: Mr. BEILENSON. the Committee on Appropriations with juris- the Committee on Appropriations with juris- H.R. 1915: Mrs. SEASTRAND, Mr. PETE diction over this Act minus the aggregate diction over this Act minus the aggregate GEREN of Texas, Mr. WILSON, and Mr. STOCK- level of new budget authority and outlays re- level of new budget authority and outlays re- MAN. sulting from the enactment of this Act, as sulting from the enactment of this Act, as H.R. 1930: Mr. DEUTSCH, Ms. ROS-LEHTINEN, calculated by the Director of the Office of calculated by the Director of the Office of Mrs. LOWEY, and Ms. MOLINARI. Management and Budget. Management and Budget. H.R. 1947: Mr. ENGLISH of Pennsylvania and (d) USE OF MONEYS IN FUND.— (d) USE OF MONEYS IN FUND.— Mr. BAKER of Louisiana. (1) IN GENERAL.—Except as provided in (1) IN GENERAL.—Except as provided in H.R. 1984: Mr. HANCOCK. paragraph (2), the amounts in the Fund shall paragraph (2), the amounts in the Fund shall H. Con. Res. 50: Mr. DAVIS, Ms. HARMAN, not be available, in any fiscal year, for ap- not be available, in any fiscal year, for ap- Mr. TORRICELLI, and Mr. WOLF. propriation, obligation, expenditure, or propriation, obligation, expenditure, or H. Con. Res. 54: Ms. HARMAN. transfer. transfer. H. Con. Res. 76: Mr. TORRES, Ms. ESHOO, (2) USE OF AMOUNTS FOR REDUCTION OF PUB- (2) USE OF AMOUNTS FOR REDUCTION OF PUB- Ms. LOFGREN, and Ms. NORTON. LIC DEBT.—The Secretary of the Treasury LIC DEBT.—The Secretary of the Treasury July 10, 1995 CONGRESSIONAL RECORD — HOUSE H 6737 shall use the amounts in the Fund to re- Page 58, line 12, strike ‘‘$79,766,000’’ and in- H.R. 1977 deem, or buy before maturity, obligations of sert ‘‘$29,766,000’’. OFFERED BY: MR. SANDERS the Federal Government that are included in H.R. 1977 AMENDMENT NO. 8: Page 94, after line 24, in- the public debt. Any obligation of the Fed- OFFERED BY: MR. SANDERS eral Government that is paid, redeemed, or sert the following new section: AMENDMENT NO. 6: Page 94, after line 24, in- bought with money from the Fund shall be SEC. 318. None of the funds made available sert the following: in this Act may be used to sell any part of canceled and retired and may not be re- Sec. 318. None of the funds appropriated or the United States share of petroleum pro- issued. otherwise made available by this Act may be (e) DOWNWARD ADJUSTMENTS IN DISCRE- duced from the naval petroleum reserves used to issue a domestic livestock grazing TIONARY SPENDING LIMITS.—Upon the enact- when it is made known to the Federal dis- permit for the grazing season which com- ment of this Act, the Director of the Office bursing official concerned that any such sale mences on March 1, 1996, with respect to Na- of Management and Budget shall make is at a price below the prevailing local mar- tional Forest lands in the 16 contiguous downward adjustments in the adjusted dis- ket price of comparable petroleum. Western States (except National Grasslands) cretionary spending limits (new budget au- administered by the Forest Service or to H.R. 1977 thority and outlays) as set forth in section public domain lands administered by the Bu- 601(a)(2) of the Congressional Budget Act of OFFERED BY: MR. UNDERWOOD reau of Land Management when it is made 1974 by the aggregate amount of estimated known to the Federal official having author- AMENDMENT NO. 9: Page 34, line 24, strike reductions in new budget authority and out- ity to obligate or expend such funds that an- ‘‘$65,705,000’’ and insert ‘‘$61,125,000’’. lays transferred to the Fund under sub- nual domestic livestock grazing fee required Page 35, line 11, insert after ‘‘272);’’ the fol- section (c) for such fiscal year, as calculated pursuant to such permit is for less than fair lowing: ‘‘(2) $4,580,000 shall be available for by the Director. market value. impact aid for Guam under Public Law 99–239 H.R. 1977 H.R. 1977 (relating to the Compact of Free Associa- OFFERED BY: MR. CREMEANS tion);’’. OFFERED BY: MR. SANDERS AMENDMENT NO. 4: Page 94, after line 24, Page 35, line 11, strike ‘‘(2)’’ and insert AMENDMENT NO. 7: Page 94, after line 24, in- ‘‘(3)’’. add the following: sert the following: Sec. 318. None of the funds appropriated or SEC. 318. None of the funds appropriated or H.R. 1977 otherwise made available by this Act may be otherwise made available by this Act may be OFFERED BY: MR. UNDERWOOD used for the purposes of acquiring land in the used to enter into or renew a contract to pro- counties of Lawrence, Monroe, or Washing- vide public accommodations, facilities, or AMENDMENT NO. 10: Page 34, line 24, insert ton, Ohio, for the Wayne National Forest. services within the National Park System after ‘‘$65,705,000’’ the following: ‘‘(less H.R. 1977 when it is made known to the Federal offi- $4,580,000 for technical assistance)’’. OFFERED BY: MR. FOX cial having authority to obligate or expend Page 35, line 11, insert after ‘‘272);’’ the fol- AMENDMENT NO. 5: Page 56, line 3, strike such funds that such contract was entered lowing: ‘‘(2) $4,580,000 shall be available for ‘‘$552,871,000’’ and insert ‘‘$602,871,000’’. into or renewed on a basis other than com- impact aid for Guam under Public Law 99–239 Page 56, line 10, strike ‘‘$133,946,000’’ and petitive bidding without preferences and (relating to the Compact of Free Associa- insert ‘‘$183,946,000’’. that such contract does not include meas- tion);’’. Page 56, line 17, strike ‘‘$107,466,000’’ and ures needed to ensure the protection and Page 35, line 11, strike ‘‘(2)’’ and insert insert ‘‘$157,446,000’’. preservation of park resources. ‘‘(3)’’. 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, JULY 10, 1995 No. 110 Senate The Senate met at 12 noon and was RECOGNITION OF THE MAJORITY blocked by two of my colleagues before called to order by the President pro LEADER the recess. I hope that their concerns tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The may be satisfied by the administration. able majority leader is recognized. I hope the administration can deal with our Democratic colleagues with PRAYER f reference to that bill. It has many important items in the The Chaplain, Dr. Lloyd John SCHEDULE bill, including disaster relief for Okla- Ogilvie, offered the following prayer: Mr. DOLE. Thank you, Mr. President. homa City, earthquake relief for Cali- We have morning business until 1 Almighty God, infinite, eternal, and fornia, and a number of other—in fact, o’clock, with Senators permitted to unchangeable, full of love and compas- there are some 30 States for which this speak for up to 10 minutes each. At 1 sion, abundant in grace and truth, we bill includes some disaster money. So o’clock, we resume consideration of S. praise You for being the faithful it is an important bill. It is one we 343, the regulatory reform bill. Under a initiator and inspiration of prayer. We should pass. previous order, Senator ABRAHAM will It also saves $9.2 billion overall. It is need not search for You, because You be recognized to offer an amendment very important that we pass that bill have found us; we need not ask for on small business. At 3 o’clock, the at the earliest possible time. I com- Your presence, because You already are Abraham amendment will be set aside mend the White House for at least noti- impinging on our minds and hearts; we so that Senator NUNN may offer an fying the agencies not to spend any need not convince You of our concerns, amendment with Senator COVERDELL money that is not authorized in that because You know what we need even regarding regulatory flexibility. rescissions bill. So that is a step in the before we ask. What we do need are At 5:15, we begin two back-to-back right direction. humble and receptive minds. Awe and votes—a vote on or in relation to the Now, if they can convince a couple of wonder grip us as we realize that You Abraham amendment, to be imme- our colleagues to let us pass the bill, diately followed by a vote on or in rela- want our attention and want to use us we could do that at any time today or tion to the Nunn-Coverdell amend- to accomplish Your plans for our Na- tomorrow if an agreement is reached. tion. We openly confess the inadequacy ment. So there will be at least two roll- call votes today, and there could be But I again indicate it is going to be of our limited understanding. Infuse us a full week. We are already eating into with Your wisdom. further rollcall votes into the evening. Let me indicate to my colleagues, the August recess. We have some The week ahead is filled with crucial this is Monday morning. This is a very ‘‘must’’ legislation we hope to com- and controversial issues to be debated important piece of legislation. It is plete between now and sometime in and decided. Reveal Your will for what controversial in some quarters. We August. We will have a final schedule is best for our Nation. We yield our hope to end up with a strong bipartisan to all of our colleagues by the end of minds to think, and then commu- bill. But I will alert my colleagues, we the week. nicate, Your thoughts. Invade our atti- will have long days all this week, in- Mr. President, was leaders’ time re- tudes with Your patience so that we cluding Friday. So I do not want people served? will be able to work effectively with expecting that on Friday there will be The PRESIDING OFFICER (Mr. KYL). Yes, leaders’ time was reserved. those who differ with us. Help us to lis- no votes or maybe be one vote at 11 ten to others as attentively as we want o’clock in the morning. That can f them to listen to us. In the midst of change if we complete action on this bill, but I doubt that will happen. DISTORTIONS OF REGULATORY controversy keep us unified in the bond REFORM BILL of our greater commitment to be serv- In addition, we were not able to com- ant-leaders of our Nation. plete action on the rescissions package Mr. DOLE. Mr. President, now that before we left a week ago Friday. That we have begun consideration of regu- And as we press on with our work bill will come up when there is an latory reform, the defenders of the sta- that You have given us to do, we com- agreement without amendment to go tus quo have settled on the weapon of mit to You the care of our loved ones to final passage. last resort: fear. Thus, we have report- and friends who need Your physical I understand there may be some dis- ers and pundits pronouncing in strident healing and Your spiritual strength. In cussion of that later on today. It is a tones ‘‘the rollback of 25 years of envi- Your holy name, Amen. bill that saves about $9.2 billion. It was ronmental protection,’’ the likelihood

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

S9597

.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9598 CONGRESSIONAL RECORD — SENATE July 10, 1995 of increased outbreaks of E. coli food lations’’ and block implementation of latory reform. I suspect it has less to poisoning, and the horror of placing a the Agriculture Department’s proposed do with threats to the environment and pricetag on human life. meat inspection regulations. more to do with the threat to Federal The sky is falling is undoubtedly Does any reasonable person really be- power in Washington, DC. next. lieve that any politician, Democrat or We have a lot of bureaucrats that The only problem with all these ar- Republican, is trying to gut food safety might lose their jobs if we can ease guments is that they are absolutely laws? Of course not. But for those who some of the burdens on consumers, false, not just false in some small way, have made a career on scare tactics, farmers, ranchers, small businessmen but false in every way. Apparently, the this argument will apparently do. If and women, the people who have to pay Chicken Littles who have engaged in they make it, surely somebody in the for all the regulations, and, in some these scare tactics did not even bother media will repeat it and repeat it and cases, the costs exceed the benefits. In to read the legislation. repeat it. That has been done for the some cases, there are no benefits at all. Had they done so, they would realize past several days. The most costly regulations are usu- that most of the bill merely codifies All of the protections in the bill ally the ones that impose a Govern- Executive orders issued by every Presi- noted above apply here, too, especially ment-knows-best requirement, and dent since the Ford administration. the one exempting a regulation from there is an entire culture devoted to Had they done so, they would realize any delay if there is ‘‘an emergency or telling the American people that the this is a bipartisan piece of legislation health or safety threat.’’ But there are Government knows best; Washington, that balances commonsense reform several additional ironies. First, the DC, knows best. with the need to protect health, safety, Agriculture Department already con- Our legislation is a direct threat to a and the environment. So here are a few ducted a cost-benefit analysis of the smug assertion. By golly, we ordinary facts—although I am not certain from meat inspection rule, and it passed. Americans hope you agencies do not some of the reports I read, the Ralph Second, in the entire bill the only time take it personally, but we would really Naders, and the Bob Herberts of the health inspections are mentioned, it is like you to show us why a rule impos- New York Times, and others, even care to exempt them from risk assessment ing hundreds of millions of dollars about facts—but just in case somebody requirements under this bill. makes sense and was the only way to might care about facts, let me state Our regulatory reform legislation do it. some facts, and I quote directly from does not place a price tag on human So we think we are on to something the legislation conveniently ignored by life. here. It should not be a partisan issue, The argument that regulatory reform these liberal distortions: and it is not a partisan issue. A lot of would place a price tag on human life Our regulatory reform legislation my good colleagues on the other side of usually carries with it the notion that protects existing environmental health the issue are supporting this, and we some lives will be worth more than and safety laws. hope to have more before the week is others. This is a cynical argument and Our legislation makes explicit that out. is completely at odds with what the regulatory reform measures supple- The opponents are right in one re- bill would actually accomplish. spect: This is one of the most impor- ment and [do] not supersede—supple- First, not only does the bill avoid ment and do not supersede. We are not tant pieces of legislation this Congress putting a price tag on life, it explicitly will address. Americans pay more in going to supersede any law, we are recognizes that some values are not ca- going to supplement existing environ- regulatory costs than they do to Uncle pable of quantification. Thus, both Sam through income taxes. Overregu- mental health and safety requirements. costs and benefits are defined in the Congress chooses the goals, and all we lation costs the American family an es- legislation to include nonquantifiable timated $6,000 a year. I believe we can ask is that among several options costs and benefits. achieving those goals that the one im- ensure regulations that both promote The legislation also provides that in important goals like food safety and posing the least possible burden be se- performing a cost-benefit analysis, also minimize costs wherever possible, lected. there is no requirement to do so ‘‘pri- and I believe it is our obligation to do We do not see a problem, if you are marily on a mathematical or numer- so. In that respect, I am an optimist. I going to have all these options, and one ical basis.’’ And, second, agencies may have never succumbed to the chirpings will accomplish the job with the least choose higher cost regulations where of the Chicken Littles and do not in- burden on the American taxpayer, the warranted by ‘‘nonquantifiable benefits American consumer, the American tend to start now. to health, safety or the environment.’’ Mr. President, I ask unanimous con- businessman, generally small business Nothing could be more clear to this sent that a section-by-section analysis men and women, why should we not Senator, and we hope we have made it of this legislation, particularly as it re- choose that option? clear in the bill, which is sponsored by lates to protection of human health, However, a cost-benefit analysis of Republicans and Democrats. proposed regulations is not required be- Mr. President, I have quoted from the safety, and environment, be printed in fore issuing rules that address an bill wherever possible. It is interesting the RECORD. ‘‘emergency or health or safety threat that opponents of the bill never do. There being no objection, the mate- that is likely to result in significant They probably have never seen the bill rial was ordered to be printed in the harm to the public or natural re- and do not know the numbers, and they RECORD, as follows: sources.’’ If nonquantifiable benefits to do not intend to read it. They have S. 343: Responsible Regulatory Reform That ‘‘health, safety, or the environment’’ Protects Health, Safety and the Environ- bought into this nonsense that some ment call for a more costly regulatory alter- Members of Congress are for dirty S. 343 DOES NOT OVERRIDE EXISTING HEALTH, native, the agency is free to make that meat, that we want dirty meat—that is SAFETY AND ENVIRONMENTAL LAWS choice as well. And rules subject to a what I have read—that we want people Sec. 624(a)—Cost-benefit requirements proposed congressional 60-day review to die of food poisoning. ‘‘supplement and [do] not supersede’’ health, period may be implemented without I know they do not like to read these safety and environmental requirements in delay if ‘‘necessary because of an im- things because it is inconvenient, and existing laws. minent threat to health or safety or they do not want the facts in many Sec. 628(d)—Requirements regarding ‘‘envi- other emergency.’’ So it seems to me cases. But I challenge the opponents to ronmental management activities’’ also we have made it rather clear. stop distorting the truth and start ‘‘supplement and [do] not supersede’’ re- Some rollback. seeking it. They can read the bill. To quirements of existing laws. Our regulatory reform legislation help them, I have prepared a summary S. 343 PROTECTS HUMAN HEALTH, SAFETY AND THE ENVIRONMENT protects food safety. of provisions that address the protec- Perhaps the most cowardly argument Sec. 622(f) and Sec. 632(c)(1)(A)—Cost-ben- tions for health, safety, and the envi- efit analyses and risk assessments are not has been the one that suggests that our ronment that I will include with this required if ‘‘impracticable due to an emer- legislation would, in the words of one statement in the RECORD. gency or health or safety threat that is like- overly distraught commentator, mount Then opponents can start telling us ly to result in significant harm to the public ‘‘an all-out assault on food safety regu- why they are really upset by regu- or natural resources.’’

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9599 Sec. 624(b)(3)(B)—An agency may select a ate, this Government, to take a look at by the legislature, the agency that is higher cost regulation when ‘‘nonquantifi- some of the things that have been affected drafts and creates the regula- able benefits to health, safety or the envi- going on for 30 years, 40 years, without tion, and it comes back to the legisla- ronment’’ make that choice ‘‘appropriate much examination, which have simply ture for some overview to see, No. 1, if and in the public interest.’’ Sec. 624(b)(4)—Where a risk assessment has grown and have continued to become it is within the spirit of the statute; been done, the agency must choose regula- more expensive and larger, without a No. 2, to see if it is indeed cost bene- tions that ‘‘significantly reduce the human real examination of whether or not ficial, that what it is set to accomplish health, safety and environmental risks.’’ what is being done is the most effective is worth the cost of accomplishment. Sec. 628(b)(2)—Requirements for environ- way to do it, or whether or not it could We do not even have here an analysis mental management activities do not apply be done in a less costly way. I think it of what the cost will be. The cost of where they would ‘‘result in an actual or im- is an exciting opportunity. regulation, as the leader indicated, is mediate risk to human health or welfare.’’ I have just returned, as have most of more than personal tax revenues. Some Sec. 629(b)(1)—Where a petition for alter- native compliance is sought, the petition our associates, from a week in my estimate it between $650 billion and may only be granted where an alternative home State of Wyoming. We did a se- $800 billion. Now, this bill will not achieves ‘‘at least an equivalent level of pro- ries of town meetings and met with the eliminate all of that cost, of course, be- tection of health, safety, and the environ- rangeland users and met with the sugar cause there is a need for regulation, ment.’’ beet growers and the chamber of com- and there is a cost with regulation. The Sec. 632(c)—Risk assessment requirements merce and the Rotary. As has been the point is that we are looking for a way do not apply to a ‘‘human health, safety, or case for some time, the issue most to apply that regulation in as efficient environmental inspection.’’ often mentioned is overregulation and and effective a manner as can be and do S. 343 DOES NOT DELAY HEALTH, SAFETY AND the cost of overregulation. So I am ex- something that has not been done for a ENVIRONMENTAL RULES cited about the opportunity to do long time, and that in the application Sec. 622(f) and Sec. 632(c)—Cost-benefit and something about that. of the regulation, to use some common risk assessment requirements are not to I suspect that we will run into the sense in terms of what it costs with re- delay implementation of a rule if ‘‘impracti- same kinds of discussions that we have cable due to an emergency or health or safe- spect to what the benefits are, and to ty threat that is likely to result in signifi- when we talk about doing something take a look at risk-benefits ratios to cant harm to the public or natural re- about welfare reform—that somehow see if what will be accomplished is sources.’’ those of us who want some change in worth the cost and the effort of the ap- Sec. 533(d)—Procedural requirements under what we have been doing are less com- plication. the Administrative Procedures Act may be passionate than those who want the Furthermore, it gives us an oppor- waived if ‘‘contrary to the public interest.’’ status quo; that somehow those of us tunity to go back to some regulations Sec. 628(b)(2)—Requirements for major en- who want to take a look at and change that have existed and look at them. vironmental management activities are not the way regulation is imposed are less Let me give an example. In Buffalo, to delay environmental cleanups where they ‘‘result in an actual and immediate risk to caring about the environment and WY, there are 3,500 people. The EPA human health or welfare.’’ about clean water and clean air than said we need to enforce the Safe Drink- Sec. 801(c)—Congressional 60-day review those who support the status quo. That ing Water Act. Fine. They are willing period before rule becomes final may be is simply not true. to do that. They are willing to put in a waived where ‘‘necessary because of an im- I suspect that we will hear from the filtering system that costs $3 million minent threat to health or safety or other opposition on this bill that somehow for a town of 3,500 and made a good- emergency.’’ this bill will remove all of the regu- faith effort to comply. S. 343 DOES NOT PLACE A ‘‘PRICE TAG ON HUMAN latory requirements that exist. Not so. One year later, EPA responded and LIFE’’ We will hear that somehow the regula- said they would send a compliance Sec. 621(2)—‘‘Costs’’ and ‘‘benefits’’ are de- tions that are in place to protect us for schedule. Buffalo never received the fined explicitly to include ‘‘nonquantifi- various kinds of water and air prob- schedule. able,’’ not just quantifiable, costs and bene- lems will be eliminated or superseded. Then when Buffalo proceeded as they fits. That is simply not so. had set forth in their schedule, EPA Sec. 622(e)(1)(E)—Cost-benefit analyses are not required to be performed ‘‘primarily on a Many people can imagine what the claimed that Buffalo never let them mathematical or numerical basis.’’ last election was about. But I think we know what was going on. Sec. 624(b)(3)(B)—An agency may choose a have talked about it a great deal. After that was worked out, EPA ac- higher cost regulation when ‘‘nonquantifi- There were at least three things that I cepted, in writing, the town of Buf- able benefits to health, safety or the envi- think were most important to the peo- falo’s plan. The following year, EPA ronment’’ dictate that result. ple of Wyoming. One was that the Fed- again claimed the city did not let them f eral Government is too big, that it know what was going on and referred costs too much, and that we are over- the case to the Department of Justice MORNING BUSINESS regulating. I think those are genuine for prosecution. The PRESIDING OFFICER. Under responses that people feel very strong- When asked what happened, EPA the previous order, there will now be a ly about. said, ‘‘We changed our mind.’’ The bot- period for the transaction of morning So, Mr. President, here is our oppor- tom line, the city of Buffalo wanted to business, not to extend beyond the tunity to do something about that. comply with the Federal mandate, but hour of 1 p.m., with Senators permitted Clearly, the regulatory system is bro- the Federal overregulation and bu- to speak therein for up to 5 minutes ken. What is being proposed does not reaucracy prevented that. each. do away with regulations. It simply The University of Wyoming. We had Mr. THOMAS addressed the Chair. says there is a better way to do it. several contacts from the University of The PRESIDING OFFICER. The Sen- As our leader just indicated, over- Wyoming asking for a list of issues ator from Wyoming is recognized. regulation is a hidden tax that is they were most concerned about. Do f passed on to consumers. It is not ab- you know what was at the top of the sorbed by businesses. It is not a busi- list? Overregulation. Not grants, not SUPPORTING REGULATORY ness issue, even though much of it af- money—overregulation. This is the REFORM fects business. The costs are passed on university. This is not a business. This Mr. THOMAS. Mr. President, I rise in to you and to me. Furthermore, the is the university, where a good amount strong support of S. 343, the Com- regulations are not confined to busi- of their resources were there to edu- prehensive Regulatory Reform Act, ness. It goes much beyond that, into cate young people. which will be before us today and, I small towns, cities, the universities, We have the same problem in health suspect, for the remainder of the week. and other areas. regulations, in the disposal of health I think that this is one of the most Unfortunately, regulations have been care waste, which goes far beyond the exciting opportunities that we have applied generally. In our Wyoming clean air. It will cause some of the had this year. This is one of the oppor- Legislature, I am proud that we have a small hospitals in Wyoming to be tunities for this Congress and this Sen- situation where the statute is passed closed.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9600 CONGRESSIONAL RECORD — SENATE July 10, 1995 Overregulation is particularly dif- FEDERAL RESERVE BOARD Wall Street can give the American peo- ficult for the rural areas of the West, Mr. DORGAN. Mr. President, last ple that will make them feel better where in our case more than half of the week the Congress was not in session, about this economy as long as their State belongs to the Federal Govern- but the Federal Reserve Board met real wages are declining. Unless and ment. The things we do in our way of downtown in their marble building and until we stop a 20-year decline in life, in our economy, our job creation, took a baby step in rectifying the mis- American wages, the American people is always regulated more than most take it made on seven occasions last will not be satisfied. anywhere else in the country. We are year when they increased interest rates I always find it interesting that the very, very, concerned. in order to slow down the American press trumpets every month the report Let me give one example. There are economy. of how much we consumed. We measure leases, of course, for livestock grazing Last year, the Federal Reserve Board economic health by consumption. But, on Bureau of Land Management lands said it was combating inflation in our of course, that is not economic health. and on lands of the Forest Service. The economy, so it desired to slow down It is what you produce that relates to leases are renewed regularly. This the economy some and prevent a new whether you are healthy or not, not year, it was decided there had to be a wave of inflation. Now it appears the what you consume. But we trumpet, NEPA study—that is supposed to be Federal Reserve Board has apparently every month, all kinds of indices about confined to areas of national concern— won a fight without a foe. There was no economic performance and we see for every renewal of a grazing lease. wave of inflation across the horizon. nothing—except maybe 2 column The irrigators have to spend $100,000 Last week’s announcement to de- inches in the paper once every 6 this year to do a NEPA review on their crease interest rates by one-quarter of months—about American wages. Yet conservation land. The cost of this is 1 percent made the stock market ec- every month, the indices show Amer- paid by you and by me. static. In fact, the Federal Reserve ican wages are declining. Board acted to ratchet down inflation Regulatory reform needs to have Frankly, we have a circumstance marginally and the stock market principles. This bill has them. It has today where corporate giants, led by reached record highs. cost-benefit analysis. I think that is a U.S. corporations and followed by their In fact, if we look at the combination proper and reasonable thing. You and I international competitors, are con- of economic news in the last week or do that. We make decisions for ourself structing an economic model for the two, it is quite interesting. The Fed- and our family. We have a cost-benefit world that worries American workers. eral Reserve Board says it has won a analysis, even though it may be infor- They have decided they want to fight with a foe that did not exist. The mal. A risk assessment—it could be produce where it is cheap and sell back stock market reached record highs. that the last few percentage points are into established marketplaces. That And corporate profits are at record lev- too expensive to be reasonable and means corporations increasingly els. common sense. We need a look-back produce in Malaysia, Indonesia, Ban- provision so we can go back and take a The question would be, if all of those pieces of economic news are so good for gladesh, Singapore, Honduras, China— look at the regulations that now exist. around the world—where they can hire There needs to be a sunset provision so the American economy, if this is such wonderful economic news, then why cheap labor, often kids. They can pay that burdensome laws and burdensome dirt-cheap wages, they can dump their regulations can be dropped or renewed. are the Americans so displeased? Why are the American people not dancing in pollution in the air and in the water, There needs to be a judicial review. S. make their product, and send it back 343 incorporates these principles. the streets about this economic news? Record profits should mean that busi- to Pittsburgh for sale. I think we have a great opportunity nesses are doing well creating jobs, ex- That strategy of playing the Amer- to make better use of the resources panding, hiring. Record stock market ican worker off against 1 or 2 billion that we have, Mr. President, to provide levels should mean that the experts others in the world who are willing to greater protection for human health think the American economy is robust work for pennies an hour is a strategy and safety in the environment at a and growing. that might well lead to record cor- lower cost and to hold regulators ac- The simple answer is the people in porate profits, but it also leads to de- countable for their decisions. What is this country are not satisfied because clining U.S. wages. And that is the eco- wrong with that? I think that is a good this economic news masks an impor- nomic problem this country has to fix. idea, to hold the Congress accountable tant fact. The American people are not The bottom line of economic progress for the kinds of regulations, to limit satisfied with this economic news for the size of Government, so that we can in this country must be, ‘‘Are we in- the same reason that the Federal Re- creasing the standard of living for the create jobs that help consumers im- serve Board’s actions last year were a prove competitiveness overseas. American worker?’’ And the answer mistake. The fact is, and the reason is, today, amidst all of the glory of the We should take advantage of this op- we are now living in a global economy. wonderful economic news trumpeted portunity. This week will be the time That means that stellar economic every day in recent weeks, is no. The to do it, to be realistic, to apply com- numbers may not translate into eco- standard living for the average Amer- mon sense, to reduce the cost and the nomic opportunities here in our coun- ican worker is not advancing. It has burden of regulation. I am delighted try. Surrounding all of the bright eco- been declining. that we will have a chance this year, nomic news that was trumpeted last this week, Mr. President, to do that. week, there was one small but criti- Our economic strategy for the 50 I yield the floor. I suggest the ab- cally important fact: American wages years following the Second World War sence of a quorum. are going down. was, for the first 25 years, a foreign Yes, corporate profits are at record policy disguised as economic strategy The PRESIDING OFFICER. The to try to help everybody else. We did clerk will call the roll. levels. Yes, the stock market is ringing the bell. Stock market indexes have that and it was fine. We could afford to The legislative clerk proceeded to do it because we were the biggest and call the roll. never been higher in their history. But the fact is, American wage earners, the best and the strongest and the Mr. DORGAN. Mr. President, I ask American workers, are doing worse. In- most. And even as we did that we pro- unanimous consent that the order for vestors do better; American workers gressed and so did the American work- the quorum call be rescinded. lose ground. Corporations do better, er. But for the last 20 to 25 years it has The PRESIDING OFFICER. Without American wage earners do worse. been different. objection, it is so ordered. Wealth holders succeed; working fami- Our trade policy is still largely a for- Mr. DORGAN. I ask unanimous con- lies fail. eign policy. It does not work to support sent to proceed for 15 minutes as if in There is no economic news that this the interests of our country. And what morning business. administration, this Congress, the Fed- we see as a result of it is that other The PRESIDING OFFICER. Without eral Reserve Board, the captains of in- countries are growing and advancing objection, it is so ordered. dustry, or the investment moguls on and our country, measured by standard

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9601 of living—the standard of living experi- ate initiatives that say, ‘‘Let’s step cleaner lakes in America now than 20 enced by American workers—is not ad- back from the substantial regulations years ago? vancing. that made life better in this country Why is that happening? Is it because The American people are tired of for dozens of years.’’ somebody decided that they would no that. They want a change in economic We have had fights in many different longer dump their pollutants into the circumstances. And we, one day soon, venues to try to decide: When should stream? No. It is because the people in must have a real, interesting, and we put an end to polluting America’s this country through their government thoughtful discussion about these eco- air? How long should we allow Amer- said we want to stop fouling the nomic policies. Now, more than ever, ica’s kids to breathe dirty air because streams. We had the Cuyahoga River this country needs a full-scale policy the captains of industry want to make catch on fire. The Cuyahoga River in debate about economic strategy and more profit? When should we decide Cleveland actually started burning one what kind of strategy, including trade you cannot dump chemicals into our day. Why did that happen? Because the strategy and other strategies, results rivers and streams? When should we de- manufacturers and others in this coun- in advancing America’s economic in- cide we want environmental safeguards try were dumping everything into terests—not just America’s corporate so the Earth we live on is a better these streams and thought it was fine. interests, not just America’s investors’ place to live? interests, but the interests of all Amer- We made many of those decisions al- It was not fine. We decided as a matter icans. ready. We made fundamental decisions of regulation that it was not fine. That is a debate we have not had. We about worker safety. We made deci- There are some people who say, did not have it during NAFTA. We did sions about the environment. We made ‘‘Well, that is inconvenient for corpora- not have it during GATT. You could decisions about auto safety. Many of tions. It costs too much to comply with not have it, in fact. The major news- those decisions were the right decisions all of these. Let us back away on some papers of this country—the Washington and good decisions. If we bring to the of these restrictions.’’ Post, the New York Times, the Los An- floor of the Senate, under the guise of I want you to know that we are going geles Times, the Wall Street Journal— regulatory reform, proposals that we would not even give you open access to back a ways. I have told this story be- decide we ought to retreat on the ques- fore. I am going to tell it again because an opportunity to discuss these things. tion of whether we want clean air in It is interesting, with NAFTA, we it is central to this debate. All govern- this country, then we are not thinking ment regulations are not bad. Some of counted the column inches on the edi- very much. torial and op-ed pages ‘‘pro’’ and them are essential to this country’s I do not know whether many Mem- health. ‘‘anti.’’ It was 6 to 1 pro-NAFTA, pro- bers of the U.S. Senate or many of the GATT—6 to 1. American people fully understand how Upton Sinclair wrote the book in the These are areas where you ought to far we have come. Do you know, in the early 1900’s in which he investigated expect there to be freedom of speech past 20 years, we now use twice as the conditions of the meatpacking and open debate. But it is not so. And much energy in this country as we did houses in Chicago. What he discovered the economic interests that propel that 20 years ago and we have less air pollu- in the meatpacking plants of Chicago sort of imbalance in our major news- tion? We have cleaner air in America was a rat problem. And how did they papers in our country, when we have today than we did 20 years ago, yet we solve the rat problem in a meatpacking these kinds of discussions, is the same use twice as much energy. plant in Chicago? They put out slices economic interest that prevents the Why do we have cleaner air? Is it be- of bread laced with arsenic so the rats discussions even from getting any mo- cause someone sitting in a corporate could eat the arsenic and die. Then the mentum in a Chamber like this. One board room said, ‘‘You know, what I bread and the arsenic and the rats day soon, I hope, that is going to really need to do, as a matter of social would all be thrown down the same change. And the sooner the better, if conscience, is to stop polluting; what I hole as the meat, and you get your we are interested in providing some need to do is build some scrubbers in mystery meat at the grocery store. The satisfaction for American workers the stacks so there are fewer pollut- American people started to understand whose only interest, it seems to me, is ants coming out of the stacks and that what was going on in those to work hard, have opportunity, and way I will help children and help people meatpacking plants, and said, ‘‘Wait a progress with an increased standard of and clean up the air’’? Do you think second. That is not what we want for living. that is why we cleaned up America’s ourselves and our kids. It is not f air? The job is not done, but do you healthy.’’ REGULATIONS think that is why America’s air is The result, of course, was the Federal Mr. DORGAN. Mr. President, let me cleaner now than 20 years ago, because Government decided to pass legislation turn to the question of regulations. We, the captains of industry in their saying, We are going to regulate. What on the floor of the Senate, are going to paneled boardrooms decided to give up would you rather see stamped on the be discussing regulatory reform. It has profits in exchange for cleaner air? side of a carcass of beef—‘‘U.S. in- been of great interest to me to see Not on your life. Not a chance. The spected?’’ Does that give you more con- what has happened on the issue of reg- reason the air in this country is clean- fidence? It does for me. It means that ulations. It has become a cottage in- er than it was 20 years ago is bodies carcass of beef had to pass some inspec- dustry, and certainly a political indus- like this made decisions. We said, tion by somebody who looked at it not try, to decide that government is evil, ‘‘Part of the cost of producing any- with an economic interest, but who and government regulations are inher- thing in this country is also the cost of looked at it, and said, ‘‘Yes. This ently evil, and what we need to do is not polluting. You are going to have to passes inspection, and it is safe to eat.’’ wage war against government safe- stop polluting. Is it going to cost you money to stop polluting? Yes, it is. Or do you want the meatpacking guards and standards. plants—the captains of industry in the Let me be the first to say that there And we are sorry about that. But you spend the money and pass it along in meatpacking business who in the year are some people who propose and write 1900 would have been running a plant in regulations that make no sense at all the cost of the product, because the which they were trying to poison rats and that make life difficult for people. fact is we insist that America’s air be in the same plant and mixing it with That happens sometimes. I realize cleaner. We are tired of degrading their meat? Well, I know who I would that. What we ought to do is combat America’s air, and having men, women, choose. I would choose to have a food bad regulation and get rid of it. Bad and children breathe dirty air that system in this country that is in- government regulations that do not causes health problems and fouls the spected so the American consumer un- make any sense and are impossible to Earth we are living on.’’ derstands that we are eating safe food. comply with—we ought to get rid of What about water? Do you know now them. I understand and accept that. there are fewer lakes and streams with Let me talk about one other regula- But I am not one who believes we acid rain; that we have fewer acid rain tion that I am sure is inconvenient. In ought to bring to the floor of the Sen- problems, we have cleaner streams, fact, I was involved with some of these

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9602 CONGRESSIONAL RECORD — SENATE July 10, 1995 when I was in the House of Representa- doing this for? In most cases, we are closing tax loopholes and reducing cor- tives. People may recall that it was not doing this for the public good. porate welfare as they put into keeping too long ago when you went to a gro- So, Mr. President, I think this is loopholes open. cery store and picked up a can of peas going to be a fascinating and inter- We would save tens of billions of dol- or a package of spaghetti or an ice esting debate. We have some people in lars, and balance the budget far more cream bar from the shelves or the cool- this Chamber who would like the fairly, instead of balancing it on the er and looked at the side. What did you wholesale repeal of a whole lot of im- backs of Medicare and education and see? You saw that this is an ice cream portant environmental and safety regu- low-income working families. bar, this is a can of peas, and this is a lations. I do not happen to support Tomorrow, the Senate Finance Com- box of spaghetti. That is the only infor- that. Some would. Others who say mittee will be holding a hearing on the mation you got about that food—noth- every regulation is terrific. I do not billionaires’ tax loophole. It is vitally ing more; nothing about sodium; noth- support that either. I think what we important that the Senate stand firm ing about fat; nothing more. Because ought to do is try to figure out what in its desire to close this flagrant loop- they did not feel like telling you. works and what does not, to get rid of hole once and for all. So we decided that it would be in the what does not, and keep what works On April 6, 96 of us went on record in consumers’ best interest if they had and keep what is good for this country. favor of closing it. If we really want to some notion what was in this product. I hope that is the kind of discussion close this loophole, we cannot accept You go shopping at the grocery store we will have as the week goes on on the the Ways and Means Committee bill. and watch. People clog the aisles these issue of regulatory reform. That bill is more loophole than law. days picking up one of these cans. They Mr. President, at this point I would It does not prevent massive income tax avoidance by patient expatriates, turn to the back. They want to find out like to yield the remainder of my 15 and it does nothing to prevent avoid- what is in it. How much fat is in this minutes. ance of estate taxes and gift taxes. one? How much saturated fat is in that The PRESIDING OFFICER. The Sen- ator’s time has expired. First, the House bill allows expatri- product? ates to pay no U.S. tax on their gains You give people information and they Mr. DORGAN. Mr. President, I sug- if they wait 10 years before they sell will use it. It is good information. It gest the absence of a quorum. their assets. improves their health. It makes them The PRESIDING OFFICER. The clerk will call the roll. This part of the loophole already ex- better consumers. Is that a bad regula- ists in current law, as has been repeat- tion that we require people to tell the The bill clerk proceeded to call the roll. edly pointed out. American people what is in food? No. I There is no reason to leave it open. think it is a good regulation. But I will Mr. BYRD. Mr. President, I ask unan- imous consent that the order for the Expatriates should be taxed when they guarantee you this. Those who are re- expatriate—at the time they thumb quired to do it fought every step of the quorum call be rescinded. The PRESIDING OFFICER. Without their nose at Uncle Sam. way. The last thing they wanted to do objection, it is so ordered. Second, under the House bill, gains was to have to comply with another f from foreign assets built up during U.S. regulation. I think these regulations citizenship would not be subject to U.S. make sense. BILLIONAIRES’ TAX LOOPHOLE tax after expatriation takes place. All We are talking about regulations for Mr. KENNEDY. Mr. President, one of U.S. citizens pay taxes on worldwide safety, health, and the environment. the worst examples of Republican mis- income, so why should not expatriates? Not all of them, not every one of them, placed priorities is the current blatant Any serious proposal to address this but the bulk of the directions of what attempt to keep the tax loophole open issue must tax the gains on the expa- we were doing with regulation makes a for billionaires who renounce their triate’s worldwide assets, and this tax lot of sense. American citizenship in order to avoid must be imposed at the time of expa- I do not want the debate this week paying taxes on the massive wealth triation. here in the Senate to be a debate that they have accumulated in America. In addition, under the House bill, ex- is thoughtless. I would like it to be a Under current law, these unpatriotic patriates will continue to use tax plan- debate that is thoughtful. Let us find billionaires get a juicy tax break for ning gimmicks to avoid taxes on gains out which regulations are troublesome, turning their back on Uncle Sam. Does from domestic assets by shifting in- not which regulations are inconvenient anyone in America seriously think come from this country to foreign or costly. I do not want to say to this they deserve it? countries. As long as the Tax Code ex- industry or to that industry, ‘‘Yes. It is When Democrats initially tried to empts foreign assets from the tax, costly for you to comply with the clean close the loophole last April, our pro- wealthy expatriates will find new ways air requirements. So that is fine. We posal was rejected—supposedly because to shift assets and avoid taxes. will understand. We will give you a lit- a few so-called technical questions Third, the House bill cannot be effec- tle break.’’ I am sorry. I do not intend needed to be addressed. tively enforced. Expatriates can leave to give them a break. I do not intend It turns out that the only serious the U.S. tax jurisdiction without pay- that they have dirty air so they can technical issue was how to keep the ing the tax or posting any security. have more profits. loophole open, or at least save as much They merely fill out a form at the time I would like us to do this in a reason- of it as possible. of expatriation, and the IRS will be left able way. As I said when I started, The Joint Committee on Taxation in the cold. there are some regulations that make completed its long-awaited study on Fourth, the House bill does nothing no sense. I have seem some of them. I the loophole on June 1 and it turned to prevent expatriates from avoiding have participated in trying to get agen- out to be a blatant attempt to save the gift and estate taxes. With good legal cies to change some of them. I would be loophole, rather than close it. advice, an expatriate can transfer all the first to admit that there are plenty The Ways and Means Committee assets to a foreign corporation and of people working in the Federal Gov- found the ways and means to keep the then give it all away without any gift ernment who know all about theories loophole open. They have even given tax liability. and know all about the details but do the bill an appropriate number—H.R. Finally, in a particularly obnoxious not have the foggiest notion about 1812. maneuver, the Ways and Means Com- what the compliance burdens are. What a perfect number for a tax loop- mittee bill unsuccessfully attempted to These things need to make some ra- hole bill—1812. That is about the year gerrymander the effective date of its tional sense. They need to be dealing their thinking on tax reform stopped. watered-down reform in a transparent with a goal that makes sense. They Democrats will try to bring their 1812 attempt to permit a few more need to be constructed in a way so that bill into the 20th century when it gets undeserving billionaires to slither compliance is enhanced. But I hope to the Senate—and close that loophole through the full loophole before the that the debate we have this week will tight on those unpatriotic billionaires. mild committee changes take effect. really center on the questions about I just wish our Republican friends Under this proposal, wealthy tax government regulation. What are we would put as much time and effort into evaders would have qualified for the

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9603 loophole by simply having begun, not constitutional amendment, the pro- out much of the visible light, which in- completed, the process of renouncing posed Senate amendment failed by one hibits weed growth. In addition, I am their citizenship by the February 6 ef- vote. There will be another vote later pleased to note that the scientists at fective date. this year or next year. the USDA vegetable laboratory in my The Ways and Means Committee Mr. President, as of the close of busi- hometown of Charleston continue to knows how to set a strict effective date ness Friday, July 7, the Federal debt— strive to find more efficient and effec- when it wants to. On the very bill down to the penny—stood at exactly tive ways to produce one of our State’s where the controversy over the billion- $4,929,459,412,839.22 or $18,712.31 for most popular fruits. aires’ loophole first erupted, the com- every man, woman, and child on a per Therefore, as my fellow Members and mittee set a strict effective date to capita basis. their staffs feast on watermelons to- morrow, I hope they all will remember prevent Viacom, Inc., from obtaining a f $640 million break on the sale of its the folks in South Carolina who made SOUTH CAROLINA WATERMELONS: cable TV properties. this endeavor possible: Jim Williams of The committee required a binding A RED, JUICY SMILE Williams Farms in Lodge; Les Tindal, contract to be reached by the effective Mr. HOLLINGS. Mr. President, I rise our State agriculture commissioner; date. Viacom could not meet that re- today to draw attention to a little Wilton Cook of the Clemson University quirement, even though it had taken green and red sticker on my lapel. It Extension Service in Charleston; Minta many steps over many months before says, ‘‘I love watermelon.’’ And Mr. Wade of the South Carolina Depart- the effective date to negotiate the con- President, I sure do. ment of Agriculture; and members of tract. Thanks to the hard work of South the South Carolina Watermelon Asso- Viacom lost the tax break because it Carolina watermelon farmers like Jim ciation and South Carolina Water- had not taken the final step—and the Williams of Lodge in Colleton County, melon Board in Columbia. They all same strict requirement of final action Senators and their aides tomorrow will have worked extremely hard to ensure should be applied to billionaires who be able to taste the sweet, juicy, red that Senators can get a taste of South are in the process of renouncing their meat of the melon that we call smile Carolina. citizenship. fruit. All day Tuesday, my staff will I trust that all Senators and their If they had not completed the final deliver more than 500 watermelons to staffers will savor tomorrow one of the step by February 6, they should not be offices throughout the Senate. finest examples of the excellent able to use the loophole. This year, farmers in South Carolina produce we grow in our State. I also Fortunately, the Democrats pre- planted more than 11,000 acres of wa- hope to see many folks wearing their vailed on the effective date, because of termelons. We produce all kinds of wa- ‘‘I love watermelon’’ stickers in cele- the spotlight placed on the issue. But termelons—Jubilees, Sangrias, bration of the fruit that makes every- that still did not stop them from find- Allsweets, Star Brites, Crimson one smile—South Carolina water- melons. ing an additional loophole for some of Sweets, red seedless, yellow seedless, those seeking exemption. and a variety of other hybrids mar- f To help these expatriates, the Repub- keted in the Eastern United States. MILO WINTER Through the end of this month, farm- licans on the committee carved a new Mr. PRESSLER. Mr. President, ers in Allendale, Bamberg, Barnwell, loophole for expatriates who become a today I am pleased to pay tribute to an Colleton, Hampton, and other southern citizen of a country in which the indi- outstanding educator, Mr. Milo Winter, South Carolina counties will harvest vidual’s spouse or parents were born. of Rapid City, SD. Throughout his ca- hundreds of thousands of watermelons. In sum, at a time when Republicans reer, he made tremendous contribu- In the Pee Dee areas around Chester- in Congress are cutting Medicare, edu- tions to our State in music education. cation, and other essential programs in field, Darlington, and Florence Coun- For the past 26 years, Milo served as order to pay for lavish tax cuts for the ties, the harvest will continue until band director at Stevens High School. rich, they are also maneuvering to sal- about August 20. The community of Rapid City knows vage this unjustified loophole for the Mr. President, the bottom line is him for his commitment to education least deserving of the superwealthy— that all of these farmers will be labor- and his drive for excellence. However, billionaires who renounce America, ing in the heat and humidity to bring his reputation extends far beyond the after all America has done for them. Americans what we call Mother Na- borders of our State. He is known I say, this loophole should be closed ture’s perfect candy. Our remarkable across the United States for his work now, and it should be closed tight—no watermelons are sweet, succulent, and, at band festivals and clinics. ifs, ands, or buts. I intend to do all I most importantly, nutritious and To see Milo’s positive effect on his can to see that it is. fatfree. However, while many of us students and the community, one needs Let us close the loophole, not just savor the taste of juicy pink water- only look at the achievements of the pretend it is being closed as the Ways melons at the beach, at barbecues, and Rapid City Stevens Band. In 1975, the and Means Committee bill does. at family reunions, we often forget the band was selected by the United States f work and labor that goes into pro- Bicentennial Commission to represent ducing such a delicious fruit. In fact, if the United States at a music festival WAS CONGRESS IRRESPONSIBLE? you ask many children these days held in the former Czechoslovakia. LOOK AT THE ARITHMETIC where watermelons come from, they This was the first performance by an Mr. HELMS. Mr. President, the sky- will answer ‘‘the grocery store.’’ The American high school band behind the rocketing Federal debt, which long ago truth is, Mr. President, that our farm- Iron Curtain. In 1981 and 1984, the band soared into the stratosphere, is in a ers are among the most often forgotten received first place honors at the Cher- category like the weather—everybody workers in our country. Without their ry Blossom Band Festival here in talks about it but scarcely anybody dedication and commitment, our Na- Washington, DC. The band’s appear- had undertaken the responsibility of tion would not enjoy such a wonderful ance in the 1987 Tournament of Roses trying to do anything about it. That is, selection of fresh fruit, vegetables, and Parade in Pasadena, CA, marked the not until immediately following the other foods. first time a band from South Dakota elections last November. South Carolina farmers lead the way performed in this world-famous parade. When the new 104th Congress con- in the production of watermelons. For Perhaps the greatest honor the band vened in January, the U.S. House of example, my State was a leader in the has earned is the Sudler Flag of Honor. Representatives quickly approved a development of black plastic and irri- This award, presented in 1987, is one of balanced budget amendment to the gation to expand the watermelon grow- the most prestigious awards a band can U.S. Constitution. In the Senate all but ing season. By covering the earth in receive. To receive this award, bands one of the 54 Republicans supported the the spring with black plastic, farmers must be nominated for their out- balanced budget amendment; only 13 are able to speed up the melons’ growth standing performance of march music Democrats supported it. Since a two- by raising soil temperatures. In addi- and be approved by a national com- thirds vote is necessary to approve a tion, the plastic allows farmers to shut mittee.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9604 CONGRESSIONAL RECORD — SENATE July 10, 1995 Milo’s leadership made these achieve- most vivid personalities have been cause the inheritance of their father to ments possible. He consistently set those of women—such as Sarah, Re- pass unto them.’’ Moses wrote a new high expectations for students, then bekah, Rachel, Hannah, and Mary, the law which stated: ‘‘If a man die, and saw them through with his own blend Mother of Jesus—even with such have no son, then ye shall cause his in- of encouragement and discipline. He women as Jezebel and Potiphar’s wife. heritance to pass unto his daughter.’’ demanded much of his students, but Many of the women depicted in the The daughters of Zelophehad had gave generously of his talent and effort scriptures exerted great influence over filed one of the earliest reported law- in return. their husbands, over kings, and over suits on record. In the American Bar This drive for excellence has been nations. Many of the women remain Association Journal of February, 1924, with Milo throughout his life. After re- nameless and some appear in groups there was an article in which this deci- ceiving his degree from Augustana and under such headings as daughters, sion of the daughters of Zelophehad is his masters from the University of wives, mothers, widows. We are told of quoted. It is described as an ‘‘early de- South Dakota, Milo continued his pur- Lot’s wife, the woman who looked claratory judgement in which the prop- suit of music by serving in the U.S. back, and 15 words in the Old Testa- erty rights of women marrying outside Army Band for 2 years. ment tell her story—one brief, dra- of their tribe are clearly set forth.’’ Upon leaving the Army, Milo taught matic record that placed her among The decision handed down in this time music at Beresford High School. After 2 the well known women of the world. of Moses was a great victory for these years as the band director at Rapid The 15 words are, ‘‘But his wife looked five daughters. At last a woman had City Central High, he accepted the po- back from behind him, and she became rights, because these five women had sition as band director at the newly a pillar of salt.’’ declared theirs and had had the cour- created Rapid City Stevens High where Then there is Jochebed, the mother age to fight their case through with he continued teaching for the rest of of Moses—Hebrew lawgiver, statesman, the authorities. his career. and leader—and her name rises up The only woman in the Bible who Milo instilled a love of music in today, some 35 centuries later, as one was placed at the height of political many students, but countless students of the immortal mothers of Israel. power by the common consent of the Miriam is the first woman in the came away from his classroom with people was Deborah. Though she lived Bible whose interest was national and much more. The lessons they learned in the time of the ‘‘Judges,’’ some thir- whose mission was patriotic. She was about setting goals, teamwork, atten- teen centuries before Christ, there are the brilliant, courageous sister of tion to detail, and perseverance will few women in history who have ever Moses, and when she led the women of stay with students throughout their attained the public dignity and su- Israel in that oldest of all national an- lives. Many of these students will preme authority of Deborah. She was thems, ‘‘Sing unto the Lord,’’ four cen- count Mr. Winter among those leaders like Joan of Arc, who 27 centuries turies of bondage in Egypt had been who forever shaped their careers and later, rode in front of the French and lifted. It was a turning point in Israel’s characters. Mr. President, students in led them to victory over the English. South Dakota have been blessed with a religious development, and a woman led in its recognition. Miriam is the One of the most lovable women in the tremendous teacher and role model. On Bible is Ruth, and her abiding love em- behalf of the people of South Dakota, I first woman singer on record. The won- der of it is that she sang unto the Lord, braces the person one might least ex- thank Milo and wish him the best in pect it to—her mother-in-law, Naomi. his retirement. using her great gift for the elevation of her people, who, with her, exalted over Ruth was not only an ideal daughter- Mr. BYRD. Mr. President, I will prob- in-law, but she was also an ideal wife ably require longer time than the re- their escape from their enemies. The first women to declare their and mother. Her story, which finally maining minutes before 1 o’clock. I ask culminates in her marriage to Boaz, a unanimous consent that I may use such rights on the death of their father were the five daughters of Zelophehad: man of influence, is one of the most time as I may consume. beautiful romances in the Bible. The PRESIDING OFFICER (Mr. Mahlah, Noah, Hoglah, Milcah, and Then there was the woman of Endor, FRIST). Without objection, it is so or- Tirzah. Their father, a Manassite, had to whom King Saul went in despera- dered. died in the wilderness, and the daugh- ters explained that he was not in the tion, and she foretold his death. The f company of Korah, who had rebelled King James version of the Bible, which C. ABBOTT SAFFOLD against Moses. Because their father is the only version of the Bible that I Mr. BYRD. Mr. President, Walt Whit- had not died, therefore, for any cause will read, calls her ‘‘A woman that man said that man is a great thing that doomed their family or their in- hath a familiar spirit.’’ Some modern upon the Earth and through eternity heritance, they declared that they were writers have dubbed her the ‘‘Witch of but that every jot of the greatness of clearly entitled to what he had left. Endor.’’ Lord Byron has called her the man is enfolded out of woman. Shake- This happened at a critical time with ‘‘Phantom Seer.’’ Kipling gives one of speare, in King Lear, tells us that Israel. A new census had been made, the most vivid portrayals of all in ‘‘Women will all turn monsters.’’ preparatory to an entrance into the these lines: In the book of Genesis, however, we Promised Land. The new land would be Oh, the road to Endor is the oldest road are told that God, seeing the incom- distributed according to the census And the craziest road of all. pleteness of man standing alone, want- taken before Israel departed from Straight it runs to the witch’s abode ed to find a helper for him. And so God Egypt for the Promised Land. The As it did in the day of Saul, created this helper—Eve—whose name daughters of Zelophehad had been num- And nothing has changed of the sorrow in means ‘‘Life,’’ and God created Eve bered among all those in the tribes who store from the rib of Adam himself. The sym- either were 20 years of age or would be For such as go down the road to Endor. bolism of the rib is that it was taken 20 by the time the land actually was The first reigning Queen on record from the place nearest to Adam’s distributed, but they knew that under who pitted her wits and wealth against heart, thus indicating the close rela- existing customs, they would have no those of a king was the Queen of Sheba. tionship of man and woman. The real property rights, even in the new land. She came to Jerusalem from her king- essence of the story is that man and What did they do? They marched before dom in Southwestern Arabia to inves- woman were made for each other, that Moses and stated their case publicly. In tigate all that she had heard about Sol- woman is bone of his bone and flesh of order to be fair in the settling of the omon, Israel’s wisest and wealthiest his flesh. In the Genesis account, Eve is daughters’ case, Moses went before king. She worked out a trade zone de- elevated to Ethereal beauty and lofty God, a God of justice and right, and the marcation and alliance with Solomon, dignity. Milton, in his ‘‘Paradise great lawgiver came back and declared: and Solomon’s commercial expansion Lost,’’ has called her Queen of the Uni- ‘‘The daughters of Zelophehad speak followed after her visit. She was one of verse and fairest of the fair. right; thou shalt surely give them a many rulers from far and wide who Throughout all the ages of mankind’s possession of an inheritance among sought to learn about Solomon’s wis- existence on this Earth, some of the their father’s brethren; and thou shalt dom. Others sent Ambassadors, but she

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9605 was the only one to go herself, trav- ciples followed Mary Magdalene to the baster box of ointment of spikenard. eling a 1,200-mile journey by camel sepulcher. John went in first and gazed She broke the box and poured the pre- caravan. She was a courageous, re- in silent wonder at the open grave, and cious ointment on the head of our sourceful woman. The Queen of Sheba then Peter came and saw that the Lord. Some of those persons who ob- lives on now, nearly 30 centuries since grave was empty and that the linen served this were very indignant and her visit, as a woman whose spirit of cerements were lying neatly folded in asked the question, ‘‘Why was this adventure and whose resourcefulness, the empty sepulcher. Mary Magdalene, waste of the ointment made? For it courage, and curiosity have not been possessing a woman’s sensitivity and might have been sold for more than surpassed by any queen in history. She able to believe even what eyes cannot three hundred pence, and have been certainly had a sense of good public behold, returned to the tomb and given to the poor.’’ And so they mur- and international relations which is looked inside, where she saw two an- mured against the woman, but Jesus unparalleled among many of the na- gels in white sitting there, the one at said, ‘‘Let her alone. Why trouble ye tional leaders of today. the head and the other at the feet, her? Ye shall have the poor with you Esther is the central figure in what is where the body of Jesus had lain. always, and whensoever ye will, ye one of the most controversial books in Strange it was that the first word spo- may do them good; but me, ye have not the Old Testament, because not once ken inside the empty tomb should be always.’’ Jesus said, ‘‘She hath done does the name of God appear in that ‘‘Woman.’’ And then there followed the what she could; she is come aforehand book. But its significance and impor- angel’s question: ‘‘Why weepest thou?’’ to anoint my body to the burying’’. tance to Jewish history stems from the Mary Magdalene answered, ‘‘Because Jesus went on to say that weresoever fact that it has become a patriotic they have taken away my Lord, and I his gospel would be preached through- symbol to a persecuted people of the know not where they have laid him’’. out the whole world, this act of kind- ultimate triumph of truth and justice. Then she turned, and Jesus stood be- ness which the woman had done, ‘‘shall And the courage of Esther becomes the fore her. Not until he spoke her name, be spoken of for a memorial of her.’’ dominating factor in the salvation of ‘‘Mary,’’ did she recognize that he was And so it is, that I am here today, her people. Though the author of the Jesus. Her lonely watch by the grave in twenty centuries later, speaking on the book of Esther is not known, historians the early morning had been an evi- Senate floor about this nameless confirm the fact that he showed an dence of her faith. Because of her faith, woman who gave of her treasured pos- amazingly accurate knowledge of Per- she became the first witness to the res- session to honor Him who was about to sian policies and customs, and critics urrection of our Lord and Savior, Jesus die. And, as Jesus foretold, this display place his work among the masterpieces Christ. of reverence and adoration by this of literature. Like many great char- Lydia was a business woman, a ‘‘sell- nameless woman, shall be told and re- acters in history, Esther makes her er of purple,’’ and probably one of the told through all of the centuries to first appearance as one of the humblest most successful and influential women come. of figures, an orphan Jewess. But 4 of Philippi, but more than that, she Mr. President, one could speak vol- years later, she rises to the position of was a seeker after truth, and thus she umes about the women of the Bible or a queen of amazing power—a power became Europe’s first convert to Chris- the great Roman matrons or the which she manages to use wisely. The tianity. Her house became the first women of ancient history or the ancient writer’s estimate of Esther’s meeting place of Christians in Europe. women of the middle ages, and women importance to the story becomes ap- Lydia will ever stand among the im- of our own times. There is much to be parent, for in this short Bible book, Es- mortal women of the Bible, for she said, for example, through words of ther’s name appears 55 times. The picked up that first torch from Paul at praise concerning the women who have name of no other woman in the Bible is Philippi and carried it steadfastly. She been associated with our own institu- recorded so often. was one of many to spread the Gospel tion, the United States Senate—Mem- The setting is placed in the sump- of Jesus Christ through Europe and bers, as well as workers who have la- tuous palace of the Persian Empire then farther and farther Westward, and bored faithfully, day after day, year during the time of Artaxerxes II, who it became brighter as the centuries un- after year, in the service of the Senate. reigned 404–358 B.C. I shall not relate folded. And it is such women, many of whom this fascinating story here today, but One of the most influential women in will always remain nameless, who, Esther had a strong belief in prayer, the New Testament Church was Pris- through the years, and throughout all and she went before the king to inter- cilla, a Jewess who had come out of the parts of the globe, have been the cede on behalf of her people. As she Italy with her husband Aquila, who real pillars of civilization. made ready to appear before the king, lived first at Corinth and later at Eph- I rise today to pay tribute to just one of the most courageous assertions esus. They had left Rome at the time such a worthy person—a true profes- made by a woman in the Bible is cred- when Claudius, in his cruel and unjust sional, a staffer of such talent, energy, ited to Esther. She said: ‘‘So I will go edict, had expelled all Jews. It is re- and engaging personality that she is in unto the king, which is not accord- corded that she and her husband were known throughout the Senate commu- ing to the law; and if I perish, I per- tent makers. The Apostle Paul stayed nity simply by her first name—Abby. ish.’’ Here is a woman who had not with them at Corinth. She became a Abby Saffold has been a school teacher, only high courage but also sincere great leader in the church at Corinth a case worker, a legislative cor- faith and devotion to the cause of her and at Ephesus and later at Rome. In respondent, a legislative secretary, people. She had received a message the latter two places, she had a church chief clerk of a Senate subcommittee, from her cousin Mordecai, placing upon in her home. Christians honor her a legislative assistant, a Floor Staff her this great responsibility. He said: today because she served God ‘‘accept- Manager, Secretary for the Majority (a ‘‘Who knoweth whether thou art come ably with reverence and godly fear’’, post to which I appointed her in 1987), to the kingdom for such a time as and because she was not ‘‘forgetful to and now Secretary for the Minority. this?’’ entertain strangers; for thereby some She is the first female to ever hold the Mr. President, challenging words have entertained angels unawares.’’ post of Secretary for the Majority. these were for a young, inexperienced Priscilla, let us not forget, had enter- In short, Abby has done it all, and queen, and they have come down to us tained a stranger, Paul, and from him done it all very, very well. Few staff- through the centuries, and may be con- had learned to strive to be ‘‘perfect in ers, indeed, few members, possess her sidered applicable to us in the face of every good work . . . working in you grasp and understanding of the work- the challenges of our own time. that which is wellpleasing in his sight, ings and the purpose of the institution It was Mary Magdalene who was the through Christ Jesus.’’ of the United States Senate. Her first to see Christ’s empty tomb, and Mr. President, I shall close my brief knowledge of legislative strategy, her she was the first to report to the disci- comments on the women of the Bible, managerial ability, and her negotiating ples the miracle of the resurrection, by referring to the time when Christ prowess are all well known and greatly the greatest event the Christian world sat at the house of Simon the leper, appreciated by everyone who has ever has ever known. Certain of Christ’s dis- and there came a woman having an ala- had the pleasure of working with Abby.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9606 CONGRESSIONAL RECORD — SENATE July 10, 1995 She is really unexcelled when it Pending: out of control. Regulators have an in- comes to an intuitive sense of this Sen- Dole amendment No. 1487, in the nature of centive to regulate. a substitute. ate and its machinations. Abby is the Some regulations are not only coun- literal personification of the wonderful The PRESIDING OFFICER. Under terproductive, they are just plain stu- ability to maintain great grace under the previous order, the Senator from pid, as some I have just mentioned. The extraordinary pressure—the true mark Michigan is recognized to offer an status quo is not acceptable to the of the professional. amendment relative to small business. American people, especially if they get Few individuals understand the great Mr. ABRAHAM. Mr. President, I will to know what is really going on in our personal sacrifice routinely made by shortly offer the Abraham amendment. society. And they all suspect the costs the legislative floor staff here in the In essence, our amendment would en- of regulation are mounting. Paperwork Senate, on both sides of the aisle. Un- sure that Federal agencies periodically costs the private sector and State and predictable schedules, long hours, in- assess the utility of regulations that local governments a small fortune. tense pressures, time away from loved disproportionately impact small busi- Compliance costs cost even a bigger ones at important moments, broken ness. fortune. engagements with friends and family— I think it is critically important any Regulation restricts freedom. What all are experienced to some degree by regulatory reform bill take into ac- you can use your own land for, what senior Senate staffers, but no one count concerns of America’s small group experiences these demanding and businessmen and women. medical treatment you can have or trying disruptions with more frequency At this time, I yield to the distin- provide for your family, what your than the Senate floor staff. guished chairman of the Judiciary company is required to do, et cetera, et These positions, in particular, de- Committee as much time as he desires cetera. mand extreme dedication, steady for comment. It is especially onerous on small busi- nerves, alert and facile minds, hearty Mr. HATCH. Mr. President, I thank nesses. Regulatory reform is absolutely constitutions, patience, and a deep and my colleague, and would like to thank necessary to get the Federal Govern- abiding love for, and dedication to, this the distinguished ranking member of ment off our backs. For economic flexi- institution and the important work it the Appropriations Committee, Sen- bility and growth as well as to reform must perform. Never was there a better ator BYRD, for his excellent remarks personal freedoms, we need to change example of that dedication than C. Ab- covering the women of the Bible as the way in which the Federal Govern- bott Saffold. She is in every way a well as I have heard him cover on the ment regulates. marvel, with the ability to perform dif- Senate floor, and his tribute to Abby Regulatory reform is an essential ficult and demanding duties, always Saffold, who, of course, all Members part of making Government smaller. with a pleasant demeanor and un- have a great deal of respect for. Regulatory reform will mean less Fed- equaled coolness under fire. Mr. President, I intend to start each eral spending, lower Federal taxes, I would be less than honest if I did day in this debate—I may not fully fewer Federal regulations, smarter reg- not admit that Abby’s decision to leave comply—with the top 10 list of silly ulations, and accountability on the us causes me considerable sadness, be- regulatory requirements. part of those in the bureaucracy. cause she is so much a part of the Sen- I would pick a few at random today. This bill is about common sense. I ate family. In many ways, I cannot Let me start with No. 10: Delaying a think most Americans would agree imagine the Senate without her. I Head Start facility by 4 years because that our Federal Government is out of know that for many months after her of the dimensions of the rooms; No. 9, control and that the overregulatory departure, I shall search in vain for her forcing a man to choose between his re- system is eating us alive, especially in familiar cropped head and her friendly ligion and his job because rules do not terms of the burdens it places on all grin in the Chamber, only to have to allow workers to wear a mask over a Americans. remind myself once again that she has beard—stupid rules, I might add, silly gone. This bill simply requires that Gov- regulatory requirements; No. 8, throw- ernment agencies issue rules and regu- I offer her my heartfelt congratula- ing a family out of their own home be- tions on an outstanding Senate career, lations that help, rather than hurt, cause of painted over lead paint, even people. It will require that the Federal and on her service to her country. Cer- though the family is healthy; No. 7, tainly I wish her blue skies and happy bureaucracy live by the same rules fining a gas station owner $10,000 for days as she begins her well-earned re- that Americans have to live by in their not displaying a sign stating that he tirement time. But, I cannot deny that own lives—you and I and everybody accepts motor oil for recycling; No. 6, I regret her leaving. I shall miss her else. These rules are that the benefits reprimanding a Government employee friendship and her always sage advice. of what you are telling people to do who bought a new lawn mower with his As Paul said of two women Euodias and have to justify the cost. own money but failed to go through Syntyche—both eminent in the church The notion of common sense and ac- the proper procedures; No. 5, citing a at Philippi—‘‘They labored with me in countability and rulemaking may be a farmer for converting a wetland when the gospel,’’ so I say to Abby: ‘‘You la- radical idea inside the Washington he fills his own manmade earthen bored with me in service to the Na- beltway, but I believe that our fellow tion.’’ For me, there will never be an- stock tank and made a new one, else- Americans are smothered in bureau- other Abby. where on his property—on his own cratic red tape in all aspects of their property, I might add. No. 4, failing to f lives and they are pretty darned tired approve a potentially lifesaving drug, of the status quo. CONCLUSION OF MORNING thus forcing a terminal cancer patient BUSINESS to go across the border to Mexico to This bill will not mean an end to safety and health regulations, as some The PRESIDING OFFICER. Morning have it administered; No. 3, prohibiting an elderly woman from planting a bed of its critics would have you believe. business is closed. All it will mean is that the people in f of roses on her own land; No. 2, fining a man $4,000 for not letting a grizzly Washington who devise such rules will COMPREHENSIVE REGULATORY bear kill him. have to ensure that the interpretations REFORM ACT These are my top 10 list of silly regu- of those rules, or the rules themselves The PRESIDING OFFICER. Under latory requirements. No. 1: Requiring make sense. They will have to quit the previous order, the Senate will now Braille instructions on drive-through being the protectors of the status quo. resume consideration of S. 343, which ATM machines. We can see a lot of rea- MYTHS AND FEARS: UNFOUNDED ATTACKS ON the clerk will report. son for that in our society today. S. 343 The bill clerk read as follows: These are just a few of the reasons In his first inaugural address, Frank- A bill (S. 343) to reform the regulatory why we are here today. I intend to lin Delano Roosevelt inspired a nation process, and for other purposes. bring some more to the attention of beleaguered by the Great Depression The Senate resumed consideration of Members as we continue to go on here. with these calming words: ‘‘We have the bill. We all know the regulatory process is nothing to fear but fear itself.’’ Now

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9607 certain Democrats, representing the these far-left liberal outrageous groups tition to review a rule not on a review left of that great party and claiming to compared a cost-benefit analysis with schedule granted, the petitioner must be the political heirs of Roosevelt, what happened under Hitler’s regime. demonstrate a reasonable likelihood have turned 180 degrees. Instead of It is hard to believe that we would that the existing rule does not meet pacifying hysteria they are engaging in have that in this day and age, from the decisional criteria section. In other the worst form of fear mongering. groups that claim to be representing words, that the rule would not be cost- They content that regulatory reform the public. effective if the rule was promulgated will either overturn 25 years of envi- Let us just forget that myth, because under the standards set forth in the ronmental law or roll-back environ- opponents of S. 343, although they bill. This is an expensive proposition, mental, health, or safety protection. claim that the cost-benefit analysis re- for the petitioner must do a cost-ben- They also claim that passage of this quirement in the bill requires that efit analysis to demonstrate this point. bill will clog the courts, allow judges costs and benefits be quantified, their Ultimately, with regard to the peti- to second-guess scientific findings, argument is that benefits, such as tion process, it simply boils down to delay needed rulemaking, and require clean air or good health, are too sub- whether one thinks that the status quo the creation of a new bureaucracy of jective to be quantified. As a result, is acceptable or not. Understandably, thousands. benefits will be understated and rules defenders of the status quo are horri- Nothing could be further from the consequently will not adequately pro- fied at the prospect that perhaps some- truth. Indeed, the root of the hysteria tect health, safety, or the environ- thing ought to be done about rules al- of the left is not a concern over the ment. That is their argument. ready in existence whose costs to the protection of health, safety, or the en- There is only one problem with this American people are greater than the vironment, but a concern over the loss argument: S. 343 explicitly states that benefits that result. I disagree, of of power. The liberal agenda has agencies must consider qualitative—as course, with that attitude. usurped power to the Federal agencies, well as quantitative—factors in weigh- Myth No. 5: The judicial review pro- which have become the left’s biggest ing costs and benefits, Section 624 even vision will create scores of new cause constituency. Real regulatory reform, goes so far as to allow agencies to se- of actions clogging the courts and such as S. 343, you see, will whittle lect a rulemaking option that is not would allow judges to second guess away at the excesses of the modern the least costly if a nonqualitative con- agency scientific conclusions. Section centralized administrative state. It sideration is important enough to jus- 625 of the bill makes clear that judicial will force the bureaucracy to ration- tify the agency option. review of a rule is to based on the rule- alize and make more cost-effective its Myth No. 3: The requirements for making file as a whole. Noncompliance rules and regulations. It will shift cost-benefit analysis and risk assess- with any single procedures is not power back from Washington to the ments will harm health, safety, and the grounds to overturn the rule unless the grass roots of the people. It will trans- environment by delaying implementa- failure to follow a procedure amounts form bureaucracy into democracy. tion of needed regulations. This is sim- to prejudicial error—which means the This bill is a commonsense measure. ply not true. S. 343 contains emergency failure would effect the outcomes of It simply requires Federal bureaucrats exemptions from cost-benefit analysis the rule. Thus, section 625 would not to ask how much a rule will cost and and risk assessments in situations allow for courts to nit-pick rules. what the American people will get in where regulations need to be enacted Moreover, section 625 requires courts return. Passage of this bill, in fact, will to prevent immediate harm to health, to employ the traditional arbitrary and foster the protection of health, safety, safety, and the environment. Further- capricious standard, a standard which and the environment by assuring that more, agency actions that enforce requires courts to show deference to the American taxpayer will get more health, safety, and environmental agency factual and technical deter- bang for the buck. It does so by man- standards, such as those concerning minations. This prevents courts from dating that the costs of regulation drinking water and sewerage plants, second, guessing agency scientific find- must justify the benefits obtained and simply are not covered by the Act. ings and conclusions. that the rule must adopt the least cost- In any event, the cost-benefit anal- I would also note that it is ironic ly alternative available to the agency. ysis and risk assessment requirements that those who oppose the judicial re- This will assure more efficient regula- are hardly novel. Under orders on regu- view provision of S. 343 on the grounds tions, ultimately saving taxpayers lations that go back to the administra- that it will clog the courts are the hundreds of millions of dollars. Actu- tion of President Ford, most agencies same people who oppose meaningful ally, billions of dollars. must already perform cost-benefit legal reform. Let me address certain myths arising analyses for numerous rulemakings Why? Because they want these law- from the fear campaign of the oppo- and many agencies, such as EPA, al- suits to continue everywhere else. nents of S. 343: ready conduct risk assessments as a They just do not want the American Myth No. 1: The bill will overturn or routine matter. What this bill will do people and individual citizens and rollback environmental protection or is to assure that cost-benefit analyses small businesses to be able to sue to health and safety laws. That is pure are done for all rulemakings and that protect their rights against an all-in- poppycock. Section 625 of the bill, the risk assessments are based on good trusive Federal Government which is decisional criteria section, makes clear science. over-regulating them to death. that the cost-benefit and risk assess- Myth No. 4: The agency review and Myth No. 6: Implementation of the ment requirements supplement exist- petition process will open up all exist- bill would require a new bureaucracy of ing statutory standards. Thus, there is ing rules for review and this will grind thousands. First of all, many agencies, no supermandate that overturns statu- all agency activities to a halt. The such as EPA, already perform cost-ben- tory standards, such as the recently agency review and petition process will efit analyses and risk assessments. passed House regulatory reform bill. have no effect on reasonable regula- This is because of the existing execu- Instead, S. 343 works much the way the tions. Only those regulations imposing tive order that requires such analyses National Environmental Policy Act unreasonable costs without significant for rules effecting the economy at $100 does. Where NEPA requires agencies to benefits and rules based on bad science million. According to an EPA source, consider environmental impacts, S. 343 are likely to be modified or repealed. I ‘‘[o]ne big misconception about these requires agencies to consider cost of might ask what is wrong with that? bills is that risk assessments and cost- the regulation. Neither statutory Moreover, not all rules must be re- benefit analysis requires a lot more scheme overturns existing health, safe- viewed. Only major rules, which have work than has routinely been done at ty, or environmental standards. an expected effect of $50 million on the EPA.’’ Second, the requirement for So, forget about myth No. 1. It is economy need be reviewed. And the peer review panels to assure good phony. It is a lie. agencies have 11 years to review these science and plausible estimates for risk Myth No. 2. They say cost-benefit rules. This is more than ample time to assessments, will not significantly analysis is unworkable because we can- review rulemakings. As to the petition hinder the promulgation of rules. Peer not quantify benefits. In fact, one of process, to be successful in having a pe- review only applies to risk assessments

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9608 CONGRESSIONAL RECORD — SENATE July 10, 1995 that form the basis for major rules— Mr. GLENN. I know they were pre- Sec. 622(e)(1)(E)—Cost-benefit analyses are having the effect on the economy of $50 paring a unanimous-consent request to not required to be performed ‘‘primarily on a million annually—or major environ- that effect. We do not have that yet. mathematical or numerical basis.’’ Sec. 624(b)(3)(B)—An agency may choose a mental management activities—cost- But it was my understanding that higher cost regulation when ‘‘nonquanti- ing $10 million. those were the rules we were operating fiable benefits to health, safety or the envi- I just wanted to get rid of some of under. I just wanted to make sure ev- ronment’’ dictate that result. these myths about this bill. I am sick eryone agreed to that. Mr. ABRAHAM addressed the Chair. and tired of articles written, like the Mr. HATCH. Mr. President, I ask The PRESIDING OFFICER. The Sen- one in the New York Times, that have unanimous consent a factsheet I have ator from Michigan. no basis in fact. As a matter of fact, I with me be printed in the RECORD at Mr. ABRAHAM. Mr. President, it was think this is one of the most hysterical this point, as well. my understanding that when the Sen- displays by the far left that I have There being no objection, the mate- ator from West Virginia concluded and seen. And it is even worse than the rial was ordered to be printed in the we began discussion on the regulatory ‘‘People For The American Way’’ full- RECORD, as follows: reform bill, that there would be 2 hours page ad against Judge Robert Bork S. 343: RESPONSIBLE REGULATORY REFORM of time equally divided between myself THAT PROTECTS HEALTH, SAFETY AND THE that had some, as I recall, close to 100 and Senator GLENN; and that the time ENVIRONMENT absolute fallacious assertions in it that for Senator HATCH’s statement—I did S. 343 DOES NOT OVERRIDE EXISTING HEALTH, they never once answered after I point- yield to him—was to come out of my SAFETY AND ENVIRONMENTAL LAWS ed them out. time. Mr. JOHNSTON. Will the Senator Sec. 624(a)—Cost-benefit requirements ‘‘supplement and [do] not supersede’’ health, I agree with that. I would like to yield? know how much of my hour remains at Mr. HATCH. I will be happy to yield. safety and environmental requirements in existing laws. this point. Mr. JOHNSTON. One of the myths Sec. 628(d)—Requirements regarding ‘‘envi- The PRESIDING OFFICER. The time put out about the so-called Dole-John- ronmental management activities’’ also is 30 minutes remaining. ston amendment is that it contains a ‘‘supplement and [do] not supersede’’ re- Mr. ABRAHAM. Mr. President, I do supermandate. That is, that the quirements of existing laws. not think that is correct. I believe Sen- present requirements of law—for exam- S. 343 PROTECTS HUMAN HEALTH, SAFETY AND ator HATCH spoke for 30 minutes. ple, on the Clean Air Act, when it sets THE ENVIRONMENT Mr. HATCH. Mr. President, I ask standards, for example, of maximum Sec. 622(f) and Sec. 632(c)(1)(A)—Cost-ben- unanimous consent that the time achievable control technology or the efit analyses and risk assessments are not yielded to both sides on this matter required if ‘‘impracticable due to an emer- other specific requirements of law— will have begun at 1:15. that somehow those are overruled by gency or health or safety threat that is like- ly to result in significant harm to the public Mr. GLENN. Mr. President, reserving this bill. or natural resources.’’ the right to object, would this then Would the Senator agree with me Sec. 624(b)(3)(B)—An agency may select a mean that the time certain that was that the language is very clear in say- higher cost regulation when ‘‘nonquantifi- established for a vote later this after- ing that does not happen under this able benefits to health, safety or the envi- noon at 5:15 would have to be set back bill? To quote the language, it ‘‘supple- ronment’’ make that choice ‘‘appropriate in accordance with that? ments and does not supersede the re- and in the public interest.’’ The PRESIDING OFFICER. Not nec- quirements of the present law.’’ And, in Sec. 624(b)(4)—Where a risk assessment has been done, the agency must choose regula- essarily. fact, other language in the bill specifi- tions that ‘‘significantly reduce the human Mr. GLENN. Then, Mr. President, cally points out that there will be in- health, safety and environmental risks.’’ something has to give here because we stances where, because of the require- Sec. 628(b)(2)—Requirements for environ- were supposed to have a certain time ments of present law, you cannot meet mental management activities do not apply set aside for Senator NUNN, which I be- the tests of the risk justifying the where they would ‘‘result in an actual or im- lieve was 2 hours—2 hours for Senator cost? The benefits justifying the cost? mediate risk to human health or welfare.’’ ABRAHAM and 2 hours for Senator Sec. 629(b)(1)—Where a petition for alter- And, in other words, the requirements native compliance is sought, the petition NUNN; is that correct? of present law, under the instant Dole- may only be granted where an alternative The PRESIDING OFFICER. Origi- Johnston amendment, would still be in achieves ‘‘at least an equivalent level of pro- nally, that would have been 2 hours on effect and would not be overruled by tection of health, safety, and the environ- the first amendment and 2 hours and 15 this bill? Would the Senator agree with ment.’’ minutes on the second. me? Sec. 632(c)—Risk assessment requirements Mr. GLENN. What would be the tim- Mr. HATCH. I agree 100 percent with do not apply to a ‘‘human health, safety, or ing on the vote this afternoon if we the distinguished Senator from Lou- environmental inspection.’’ agreed to the proposal made by the isiana, who has coauthored the bill S. 343 DOES NOT DELAY HEALTH, SAFETY AND Senator from Utah? ENVIRONMENTAL RULES along with Senator DOLE and others Mr. ABRAHAM. Mr. President, I ob- here. Section 625 of this bill, the Sec. 622(f) and Sec. 632(c)—Cost-benefit and ject to the proposal of the Senator risk assessment requirements are not to decisional criteria section, makes clear delay implementation of a rule if ‘‘impracti- from Utah in that the Senator from that the cost-benefit assessment re- cable due to an emergency or health or safe- West Virginia did not conclude his re- quirements supplement existing statu- ty threat that is likely to result in signifi- marks until 1:25 p.m. We were to start tory standards. cant harm to the public or natural re- at 1:25. I would have no objection in Mr. GLENN. Will the Senator sources.’’ calculating based on that. yield—— Sec. 533(d)—Procedural requirements under The PRESIDING OFFICER. The Mr. HATCH. Thus, there is absolutely the Administrative Procedures Act may be Chair will announce that the bill was waived if ‘‘contrary to the public interest.’’ no supermandate. Sec. 628(b)(2)—Requirements for major en- laid down at 1:20 and that the next Mr. GLENN. For a parliamentary in- vironmental management activities are not amendment would be laid down at 3 quiry? I wanted to straighten out the to delay environmental cleanups where they o’clock pursuant to the previous order. time. It was my understanding the ‘‘result in an actual and immediate risk to Mr. HATCH. Parliamentary inquiry: time, starting at 2 o’clock, was to be human health or welfare.’’ As I understand, there was supposed to divided equally among proponents and Sec. 801(c)—Congressional 60-day review be 2 hours of debate. That should not opponents of the bill. The Senator from period before rule becomes final may be begin until 1:20. That means that there Michigan—it was my understanding waived where ‘‘necessary because of an im- should be 2 hours from 1:20. minent threat to health or safety or other the time so far, the time of the Senator emergency.’’ The PRESIDING OFFICER. The pre- from Utah, had come out of the time of vious agreement was that the amend- S. 343 DOES NOT PLACE A ‘‘PRICE TAG ON HUMAN the Senator from Michigan? Is that LIFE’’ ment by the Senator from Michigan correct? Sec. 621(2)—‘‘Costs’’ and ‘‘benefits’’ are de- could be laid down at 1 o’clock with no Mr. HATCH. That is correct. I have fined explicitly to include ‘‘nonquanti- other time agreement, and that the used too much of this time, so I yield fiable,’’ not just quantifiable, costs and bene- other aspect of the agreement was that back my time. fits. the amendment could be laid down by

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9609 the Senator from Georgia at 3 o’clock Redesignate subsequent subsections ac- small businesses are particularly with votes beginning at 5:15. cordingly. acute. The hidden tax of regulatory Mr. HATCH. Then I suggest, and I Mr. ABRAHAM. Mr. President, the burdens is highly regressive in nature: ask unanimous consent, that the 2- amendment I have proposed with the According to the U.S. Small Business hour time limit on this first amend- majority leader and other Senators Administration, small businesses’ ment begin at 1:20 and that the 2-hour- would ensure that the concerns of share of regulatory burdens is three and-15-minute time limit begin on the America’s small businesses are not times that of larger firms. second amendment at 3:20. overlooked or ignored during the regu- There are a number of commonsense I withdraw my unanimous-consent latory review process that S. 343 would reasons for this fact. First, unlike big request. establish. businesses, small businesses cannot Mr. GLENN. Mr. President, I suggest We need some type of meaningful spread the costs of regulation over a we proceed. We are wasting a lot of regulatory review process because, large quantity of product sold to the time on this. Let us just proceed. If we quite simply, the utility of a regula- public. Since the regulatory costs need extra time at the end, which I tion may change as circumstances borne by small businesses are thus con- doubt that we will, then we can take change. The fact that a regulation centrated on a relatively small quan- appropriate action at that time. Other- withstood cost-benefit analysis at the tity of product, those costs have a dis- wise, let us proceed and hope we can time of its promulgation provides no proportionate impact on the cost of hit the 3 o’clock deadline anyway, if assurance that it remains cost-effec- goods and services sold by small busi- that is all right with the Senator from tive 5 or 10 years later. A review proc- nesses. Put simply, the advantages of Michigan. ess with teeth, however, would ensure economies of scale apply to regulatory Mr. ABRAHAM. Very well. that regulations remain on the books costs just as they do to other costs of The PRESIDING OFFICER. Under only so long as they remain cost-effec- doing business. the previous order, the Senator from tive. Michigan is recognized to offer an Section 623 of the regulatory reform A second reason why regulations hit amendment. bill appears at first glance to address small businesses especially hard is that small businesses simply cannot afford AMENDMENT NO. 1490 TO AMENDMENT NO. 1487 the need to review periodically the to hire the lawyers, consultants, and (Purpose: To ensure that rules impacting cost-effectiveness of existing regula- small businesses are periodically reviewed tions. Agencies would be required to accountants needed to comply with the by the agencies that promulgated them) publish a schedule of regulations to be paperwork requirements that inevi- Mr. ABRAHAM. Mr. President, I send reviewed. Regulations on the schedule tably attend regulatory mandates. an amendment to the desk and ask for would be measured against the cost- When it comes to small businesses, its immediate consideration. benefit criteria in section 624 of the the agencies’ avalanche of paperwork The PRESIDING OFFICER. The bill. And, although the agency might falls not on an accounting or human clerk will report. have more than 14 years to conduct its resources department but, rather, on a The assistant legislative clerk read review of a regulation, the regulation hard-working entrepreneur who often as follows: would terminate if the agency failed to lacks the time or expertise necessary The Senator from Michigan [Mr. ABRA- complete its review of it within the to cross all the T’s in the manner the HAM], for himself, Mr. DOLE, Mr. KYL, and time allowed. agency has commanded. Mr. GRAMS, proposes an amendment num- As currently drafted, however, sec- The magnitude of this burden truly bered 1490. tion 623 contains a significant loophole. cannot be overstated. The Small Busi- Mr. ABRAHAM. Mr. President, I ask Whether a regulation is subject to re- ness Administration estimates that unanimous consent that reading of the view under section 623 depends, at least small business owners spend almost 1 amendment be dispensed with. in the first instance, on whether the billion hours per year filling out Gov- The PRESIDING OFFICER. Without agency chooses to place the rule on its ernment forms. An example illustrates objection, it is so ordered. review schedule. This amounts to the the point. Recently, a small construc- The amendment is as follows: fox guarding the henhouse. tion company inquired about bidding (a) on page 27 line 13, strike ‘‘subsection’’ Under the bill’s current language, the on a modest remodeling project at a and insert ‘‘subsections’’; and only way to add a regulation to the list post office in South Dakota. In re- (b) on page 27 line 13, after ‘‘(c)’’, insert of rules chosen by the agency is to sponse to that inquiry, the owner of ‘‘and (e)’’; and present the agency with a petition that (c) on page 30, before line 10, insert the fol- the company received no less than 100 lowing: meets the extremely demanding stand- pages of bidding instructions. Needless ‘‘(e) REVIEW OF RULES AFFECTING SMALL ard set forth in the bill. It likely would to say, Mr. President, a 100-page book BUSINESSES.—(1) Notwithstanding subsection cost hundreds of thousands of dollars of bidding instructions might as well (a)(1), any rule designated for review by the to hire the lawyers and technical ex- state on its cover that ‘‘small busi- Chief Counsel for Advocacy of the Small perts needed to prepare such a petition. nesses need not apply.’’ Business Administration with the concur- Small businesses by their very nature In short, Mr. President, given the im- rence of the Administrator of the Office of do not have such large resources at Information and Regulatory Affairs, or des- portance of small businesses to our their disposal. Thus, under the current ignated for review solely by the Adminis- economy and their disproportionate trator of the Office of Information and Regu- language of section 623, agencies poten- share of the cost of regulations, we latory Affairs, shall be included on the next- tially could overlook or even ignore need to ensure that S. 343 contains a published subsection (b)(1) schedule for the the needs of small businesses. regulatory review process that is re- agency that promulgated it. Mr. President, small businesses are sponsive to the concerns of small busi- ‘‘(2) In selecting rules to designate for re- too important to our economy to let nesses. view, the Chief Counsel for Advocacy of the that happen. Small businesses are the Small Business Administration and the Ad- engines of job creation in our Nation. Our amendment would meet that ministrator of the Office of Information and From 1988 to 1990, small businesses need by empowering the chief counsel Regulatory Affairs shall, in consultation with fewer than 20 employees created for advocacy of the Small Business Ad- with small businesses and representatives ministration, also known as the ‘‘small thereof, consider the extent to which a rule 4.1 million net new jobs, while large subject to sections 603 and 604 of the Regu- businesses with more than 500 employ- business advocate,’’ to protect the in- latory Flexibility Act, or any other rule ees lost over 500,000 net jobs during the terests of small businesses during the meets the criteria set forth in paragraph same period. It comes as no surprise, regulatory process. (a)(2). then, that 57 percent of American Under our amendment, the advocate ‘‘(3) If the Administrator of the Office of workers are employed by a small busi- would be permitted to add regulations Information and Regulatory Affairs chooses that hurt small businesses to the list of not to concur with the decision of the Chief ness. Thus, when we overlook the needs Counsel for Advocacy of the Small Business of small businesses, we put American regulations that the agencies them- Administration to designate a rule for re- jobs in jeopardy. selves have chosen to review, in accord- view, the Administrator shall publish in the And when it comes to reducing the ance with the office at the White House Federal Register the reasons therefor.’’ burden of regulations, the needs of known as OIRA.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9610 CONGRESSIONAL RECORD — SENATE July 10, 1995 The advocate would do so pursuant tions for small businesses and more owners that I talked to and spoke with, to a simple process. First, the advocate jobs for American workers. the people who create almost all the would consult with small businesses Mr. President, I reserve the remain- jobs in our State, told me just how concerning the burdens that regula- der of my time. smothering this explosion has become. tions impose on them. Next, the advo- Mr. DOMENICI. Mr. President, I won- I would like to read a letter from one cate would consider criteria such as der if the Senator from Michigan will of my constituents in this regard, a the extent to which a regulation im- yield a few minutes to me on his small businessman in northwestern poses onerous burdens on small busi- amendment. New Mexico, Mr. Greg Anesi. He is the nesses or directly or indirectly causes Mr. ABRAHAM. Mr. President, I president of a small business in our them not to hire additional employees. yield to the Senator from New Mexico State called Independent Mobility Sys- On the basis of such input and cri- such time as he shall need. tems which makes equipment for the teria, the advocate would designate Mr. DOMENICI. Do we have enough handicapped. His business employs regulations for review. If the adminis- time for me to ask him—— quite a few handicapped people. And trator of OIRA then concurred in the The PRESIDING OFFICER. The Mr. Anesi wrote to me to tell me ex- advocate’s designation of a rule for Chair should note that time is not con- actly how crushing simply preparing such inclusion, at that point the rule trolled at this point. the paperwork required by regulations would be added to the list of regula- Mr. GLENN. Mr. President, you say has become to his small business. The tions the agencies have chosen to re- time is not controlled? letter states: The PRESIDING OFFICER. Time is view. Additionally, if OIRA itself chose When we consider hiring additional em- to designate a rule for review, that rule not controlled at this point. ployees, we are limited by the fact that the could be added to the agency’s list. Mr. DOMENICI. On this amendment. more people we employ, the greater the regu- Our amendment thus would be a Mr. GLENN. Mr. President, par- latory costs and the burdens. liamentary inquiry. The discussion we small business counterpart to the peti- Further, this crushing regulatory in- had a little while ago resulted in no tion process available to larger firms. efficiency can and does have a very agreement. Is that correct? Just as through the petition process damaging impact on the environment The PRESIDING OFFICER. That is high-priced lawyers and consultants and on human safety because it diverts correct. would ensure that regulations impact- limited financial resources from the Mr. DOMENICI addressed the Chair. ing big businesses are not overlooked most pressing of environmental prob- The PRESIDING OFFICER. The Sen- as regulations are reviewed, so, too, lems. The book called ‘‘Mandate for would this process ensure that regula- ator from New Mexico. Mr. DOMENICI. Mr. President, will Change’’ reports that in 1987, ‘‘a major tions, the heavy costs of which are EPA study found that Federal Govern- borne by small businesses, are not ig- you advise me when I have used 10 min- utes, please. ment spending on environmental prob- nored in the regulatory review process. lems was almost inversely correlated This task falls squarely within the Mr. President, the Federal regulatory process, from everything we can deter- to the ranking of the relative risks by advocate’s mission. Created by a 1976 scientists within the agency.’’ act of Congress, the advocate’s mission mine from our constituents and in var- One way to solve the problem is to is to ‘‘counsel, assist and protect small ious and sundry meetings across this use best available science when making business,’’ thereby ‘‘enhancing small land and in our States, is simply out of regulatory decisions about the environ- business competitiveness in the Amer- control. Federal regulations affect in a ment and human safety. I have been a ican economy.’’ very real way every man, woman, and champion of that, and last year in fact Pursuant to this mission, the advo- child in America. I attached the amendment to the Safe cate ‘‘measure[s] the direct costs and The cost of Federal regulations, how- Drinking Water Act. That amendment other effects of Government regulation ever, has been estimated to be as high would ensure that the best available on small businesses and make[s] legis- as a half trillion dollars a year, $500 peer-review science was used when pro- lative and nonlegislative proposals for billion. Even the most conservative es- mulgating safe drinking water stand- eliminating excessive or unnecessary timates of the cost of Federal regula- ards. regulations of small businesses.’’ The tions show that the cost of regulations advocate also administers the Regu- has a profound impact on American Nor is the use of good science in envi- latory Flexibility Act, which has af- citizens. ronmental decisionmaking a partisan forded it additional experience in as- A recent Washington Post article re- issue. In this same book, which I hold sessing the impact of regulations on ported that regulations ultimately cost up, ‘‘Mandate for Change’’, which small businesses. the average American household about President Clinton endorsed as a book In fact, by allowing the advocate to $2,000 a year. I believe one of the main which tries to move us toward a better designate rules for review, our amend- reasons these regulations cost Ameri- future, on page 216 there is a specific ment merely builds on the foundation cans so much is that often they are not call to ‘‘expand scientific research on, laid by the Regulatory Flexibility Act. generated in an efficient and common- and use of, risk assessment as part of a Under that act, the advocate reviews sense manner. That does not mean we national effort to set environmental agency analyses of the likely impact of do not need regulations, but we need priorities.’’ I am happy to see that S. proposed and final rules on small busi- efficient and commonsense regulations. 343 has incorporated environmentally nesses. Thus, under our amendment, The sheer volume of regulations pro- conscious, good science concepts in its the advocate’s role in reviewing regula- posed and finalized by Federal agencies assessment provisions. tions will be very similar to its role in every year is staggering. For example, Another way to solve problems of in- promulgating regulations. the registry, that is, the Federal Reg- efficient Federal regulations is to In summary, Mr. President, small ister, in 1994 alone runs a total of 68,107 make sure that agencies consider the businesses need an advocate in the reg- pages. They take up an entire store- costs and the benefits of the regula- ulatory review process. For too long, room of space in my office as we at- tions they promote. I understand that small businesses have been left at the tempt to follow them. will be a matter of very significant de- mercy of Federal agencies. Our amend- Mr. President, how can anyone, no bate on the floor, what standard with ment will ensure that small businesses’ matter how earnest or diligent, comply reference to costs and how will costs concerns are considered in a manner with all of these? In my State, small and benefits relate one to the other. that reflects their contribution to our business makes up about 85 to 90 per- Again, I do not believe cost analysis economy. cent of the employers. From my stand- is a partisan issue. Every President That is why the National Federation point, I have suspected that they felt since Richard Nixon, including Presi- of Independent Businesses has scored unrepresented and put upon, and about dent Clinton, has required cost-benefit our amendment as a key vote in its 2 years ago I established a small busi- analyses before rules are promulgated. rating system. ness advocacy group. We held field Unfortunately, Federal agencies are In the end, Mr. President, our amend- hearings on an informal and voluntary not performing these analyses as well ment will lead to more efficient regula- basis, and almost all the small business as they should. The fact that both S.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9611 343 and Senator GLENN’s regulatory re- Several Senators addressed the process of doing more of that right form bill contain cost-benefit sections Chair. now. So the Senate is interested, the show that both Democrats and Repub- The PRESIDING OFFICER. The Sen- House of Representatives is interested, licans agree on this point. Perhaps ator from Ohio. the administration is interested, and it there is some disagreement as to how Mr. GLENN. Mr. President, I want to is that important. We are united on the one would apply the costs and the con- make some remarks on the bill itself need to make some changes. So this is cept of benefits in determining whether and then some remarks specifically on not a partisan thing across the aisle on or not the costs were justified is still in the amendment by the distinguished the need. The question is how we go order, and we will debate that. Senator from Michigan. about this. Mr. President, the Abraham amend- I firmly believe that this is one of the ment to S. 343 allows for agencies to most important bills that we will take Let me go back a few years to 1977. put an existing regulation on a list of up this year. That probably comes as a The Governmental Affairs Committee, meaningful cost-benefit reviews. The surprise to a lot of people who think of which I am a member—I was not problem with the bill’s current lan- regulatory reform is pretty dry, ar- chairman at that time. Later on I was guage is that there are only two ways cane, and is about like watching mud chairman of the committee for 8 years. for a regulation to be put on this list. dry, as far as interest goes. It is what Senator ROTH chairs the committee First, it is up to the agency to choose we termed in the past a MEGO item, now. But back in 1977, we had what was to put an existing regulation on the ‘‘my eyes glaze over’’ when you bring it really a landmark study. It was a land- list for review, while allowing the up. That is about the interest that it mark study on regulatory reform. It agency to do this sort of thing rather will generate with a lot of people, be- resulted in OMB and OIRA changes, the than forcing them to is exactly the cause it is not debating B–2 bombers or establishment of processes there. It problem we are trying to address with the M1A2 tanks, or something like was an open process. So we had an in- these bills. Second, an interested party that. It deals with the nitty-gritty of terest through the years on these mat- can petition to get an existing rule on rules and regulations, how they get ters. the list but only if that party can show published, why they are necessary, and In this year, we had four hearings on that the rule is a major rule. so on. Showing that a rule costs the na- Lest anyone think we have a lot of the bill in committee. It was bipartisan tional economy $50 to $100 million can bureaucrats just sitting over on the in support in that committee. We delib- cost the interested party thousands of other side of town dreaming up rules erated, we considered everything ev- dollars. That is one of the problems. and regulations to put out on their own eryone wanted to consider, and we had Small business does not have thou- volition, that is not the way these a 15–0 vote when that came out of com- sands of dollars to prove that the na- things happen. mittee. There was agreement on it, and tional economy will be influenced $50 We pass laws in the Senate and in the it was a bill of balance. to $100 million. When the interested House of Representatives and we send I think we focused on many of the party is a small business, that cost is them over to the President. The Presi- very central issues, and I will get to simply out of reach no matter how ri- dent signs them. Then they go to the those in just a moment. But the bill diculous the existing regulation might agencies to have the rules and regula- that we have as S. 291 that has not be. tions written that implement them, been introduced here—of course, we are Mr. President, that is why I support that let them be put into effect, that dealing with S. 343, the bill proposed by the Abraham amendment. This amend- make them practical so they can go the majority leader—but that bill we ment will empower the chief counsel out and affect everyone, literally, in passed out of committee, the Roth for advocacy at the U.S. Small Busi- this country—businesses, organiza- bill—and the bill which we would have ness Administration, in concurrence tions, individuals, families, children, as an alternative, S. 343, now is basi- elderly. Everyone is affected by many with the administrator of the Office of cally S. 291 that came out of com- Information and Regulatory Affairs, to of these rules and regulations. mittee, with just three changes. Those add regulations to the agency’s list If we did a better job in the Congress, three changes are: A major rule would which have significant impact on small I think perhaps we would find less ne- be defined as one having a $100 million business. This amendment, therefore, cessity for rules and regulations over impact per year. No. 2, if an agency would allow the small businessman, in the agencies and the Departments. If fails to review the rules within 10 the little guy, the small business we want to see the major problem area, owner, a real opportunity to make sure we ought to look in the mirror, because years, there would be no sunset. In that Federal agencies actually perform what we do is too often see how fast we other words, an administrator in an the cost-benefit analysis that everyone can get legislation out of here. We do agency could not deliberately let it run says should be done but that everyone slapdash work on it here, send it over beyond the time period and automati- agrees are too often ignored in prac- and then we are somehow surprised cally have laws and rules sunset with- tice. that the agencies and the people doing out congressional action. And No. 3, So, Mr. President, I compliment the the regulation writing do not do a bet- the difference between this and S. 291, Senator who has had to modify his ter job, and then we are all concerned as originally voted out of committee, amendment, as I understand it, to in- about why they did not do a better job is there is a simplified risk assessment clude OIRA, the administrator of the when we did not do a good enough job process to comport with the National Office of Information and Regulatory in directing them in what they are sup- Academy of Sciences guidelines on risk Affairs, and some might think under posed to do. assessment. certain circumstances that might not Having said that, some 80 percent of Those are the only three differences. be the best. But I think over time, the regulations written are required to This is a bill that was voted out of when you combine the small business be written by specifics of legislation committee 15–0. We find ourselves in a advocacy office and the administrator passed in the Congress. So we bear position where we have several dif- of the Office of Information and Regu- heart and soul a lot of the blame on ferences between what was provided in latory Affairs in the executive branch, this thing. But the importance of rules the bill out of committee and what the over a period of time I think this and regulations cannot be denied. It is majority leader has proposed with S. what makes them applicable across the amendment has a chance for small 343. No. 1, the decision criteria, the test country. business to get some of their concerns whether an agency can promulgate a on the list—that is, on the list to be re- Let me say this. I do not think there regulation. viewed—rather than it being as dif- is a single Senator that I know of who ficult as the base bill, S. 343, would pro- thinks we should just go along with the S. 343 proposes a least-cost basis. The vide. status quo. The administration started bill voted out of committee proposed a I hope the amendment is adopted, a review of this whole area 11⁄2 years cost-effective basis. There is a big dif- and I thank the Senator for offering ago, and they already cut out a lot of ference between least cost and cost ef- the amendment. rules and regulations. They are in the fective.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9612 CONGRESSIONAL RECORD — SENATE July 10, 1995 Another area of difference is that of ulations which are cost effective. S. 343 and regulated industries. It should be judicial review. Under judicial review requires agencies to choose the cheap- sunshine in the regulatory review proc- there are some major differences as to est alternative, not necessarily the one ess. what would be judicially reviewable; in which provides the most bang for the S. 343 as brought to the floor has no other words, what you can file suit in buck. Here is an example: If a $2 in- sunshine provisions to protect public court on. crease in the cost of a bill would result participation and prevent secrecy in Another difference is the $100 million in the saving of 200 lives, to make a ri- regulatory review. I can say this, going threshold. S. 343 has a $50 million diculous example, the least cost would back a few years, when we had the threshold, which drastically increases not permit that extra $2 expenditure. Council on Competitiveness and a few the number of bills that would have to Another area of interest: No special things like that, we certainly need the be considered. interest fixes. Congress should enact sunshine provision. I think most people Another difference is the petition reforms of the regulatory process, not here would probably agree with that. process. fixes for special interest. S. 343, as Mr. President, the rules and regula- Another is the sunsetting, as I men- brought to the floor, rewrites the toxic tions that we are talking about involve tioned a moment ago. release inventory which gives people every child in this country, every fam- Another is how we do risk assess- the right to know what toxic sub- ily, the milk you drink, the meat you ment. stances have been released in their eat, transportation, safety, water, air, The effectiveness of regulatory flexi- communities. It repeals the Delaney all of these are things that will be af- bility is another. clause against additives in cosmetics fected by this legislation. That is the If the agencies have done their job or with a substitute. It delays and in- reason that I say it will be one of the have not done their job. creases costs of ongoing Superfund most important bills that we bring up The lack of sunshine, openness, a re- cleanups and prohibits EPA from con- this year. quirement for openness in our legisla- ducting risk assessments to issue per- I do not want confrontation on these tion. mits to even such things as cement things. I think the press has continued Of course, there is the area of specific kilns and others allowing them to burn to play it mainly as confrontation. I do interest fixes, and whether we, as pro- hazardous waste. not like that, particularly because we posed in S. 343, knock out Delaney or So those are some of the areas. We are talking about working out coopera- toxic release emissions requirements, have others. Better decisionmaking, tive methods and working out com- inventory requirements that every not a regulatory gridlock is what we promise on this so we can get a good community should have knowledge of. are after also. Regulatory reform bill for the whole country. We all stand These are some of the differences in should streamline rulemaking. It here united on the need for regulatory the legislation between what we voted should not just be a lawyer’s dream reform. So I think it is important that out of committee and the legislation opening up a multitude of new avenues we try and work as many of these the majority leader brought to the for special interests to tie up the proc- things out as possible. floor. ess. Now, with specific regard to the pro- Let me talk about the cost-benefit The bill, as brought to the floor, al- posal made by the Senator from Michi- analysis as a tool and not a statutory lows courts to review risk-assessment gan, I know his original proposal was override. Now, there is substantial dif- and cost-benefit procedures and to re- one that I was prepared to oppose. But ference of opinion on this. Regulatory open peer review conclusions. It cre- he has modified that proposal. I think reform, we feel, should build on our ates numerous petition processes for after we have checked with some of the health and safety accomplishments, interested parties. These petitions are people involved on our side or wanted while applying better science and eco- judicially reviewable and must be to be involved on our side, we may be nomic analysis. Regulatory reform on granted or denied by an agency within able to accept the amendment over its own and without any other consid- a time certain and these petitions will here. The amendment, as originally eration should not override existing en- eat up agency resources and allow the proposed, while well-intentioned, I vironmental safety and health laws. petitioners, not the agencies, to set think, would have added to special in- There seems to be a difference here. agency priorities. terest lobbying, would have delayed But in discussions about S. 343, there Now, a very major difference also is Government decision and frustrated ef- has been a refusal to include language the reasonable threshold. The new re- fective regulatory reform. The amend- that in the event of a conflict between quirements should be applied wisely ment would have allowed a single offi- a law—the Clean Air Act, for example— where the cost of conducting the anal- cial, and not even the Administrator of and the new standards in this bill that ysis are justified by the benefits. But SBA but the chief counsel for advo- the law would govern. That is a major S. 343 sweeps into the new process an cacy, to determine any rule, any reg, difference. I know we say we are in unwarranted number of regulations be- to be put on the list for agencies. Agen- agreement on that. But the language cause it would, I believe, flunk its own cies would have been forced to put that would spell that out very specifi- cost-benefit test, because it provides these rules on just with one person’s cally has been difficult to come by up for a threshold of $50 million, where say-so. And that could have been any to now. the bill we brought out of the Govern- existing rule he or she might have cho- There are other statutory overrides mental Affairs Committee, that Sen- sen. I did not favor that approach to it in this bill, like the sunset of current ator ROTH brought out, has a $100 mil- because I think we had adequate pro- regulations if an agency did not act to lion threshold, which means even then tection in the bill in S. 343 and S. 291 rewrite or renew them. There would be somewhere 400 to 600 reviews are going both to cover that. We had adequate 10 years to review a petition process, to have to be conducted per year. And procedures that would have covered and if it was not reviewed, the bill, ac- cutting that $100 million standard in that without giving one person, in ef- cording to S. 343, would sunset, would half, with no evidence that the extra fect, what would be a czar’s authority go out of existence. taxpayer dollars needed to comply over all rules and regulations which al- There is also what could be consid- would be spent effectively. ready have to be reviewed for small ered a rewrite of Superfund and the In other words, how many can we business under the Regulatory Flexi- Reg Flex Act. What they have in S. 343 really do effectively? That is the ques- bility Act, which is required for agen- is if the cleanup is worth more than $10 tion. I think if we went to the $50 mil- cies to evaluate the impact of proposed million, or will cost more than $10 mil- lion threshold, we would probably find rules on small businesses and to con- lion, there needs to be a new analysis the agencies being swamped. We are sider less burdensome, more flexible al- of even work in process. I know there is going to spend a lot of dollars making ternatives for those businesses. a lot of work going on. But it is my un- no progress, as far as the accomplish- Both the Glenn-Chafee bill and S. 343, derstanding that that is still the intent ment of regulatory reform. the one before the Senate, also of the bill. Last, but certainly not least, is sun- strengthen the Regulatory Flexibility Under the cost-effective regulations, shine. Regulatory reform should be Act by providing judicial review of regulatory reform should result in reg- open and understandable to the public agency regflex decisions.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9613 I think that is the right thing to do. Mr. GLENN. I thank my colleague. Now, what does legality mean, Mr. I think both bills cover that. Trying to As I said earlier, at the appropriate President? Legality can only mean, in tighten up regflex is one thing, but cre- time, after I have had a chance to my judgment, the legality as measured ating a whole new set of powers for the check with a number of people on our by section 706 of the Administrative Small Business Administration would side interested in the legislation, we Procedure Act. If it does not refer to may be able to accept. I, personally, be quite another thing. section 706, there is not, within the I know the Senator has modified his think it is OK now as far as putting OIRA on as sort of a governor or place Glenn amendment, a separate rule for proposal to say that now, instead of the testing and determining legality. chief counsel for advocacy at SBA in which these can be judged before being able to determine on his or her they would be sent to a department or Now, what does section 706 say? Sec- own that these things must be consid- agency. I would personally be prepared tion 706(D) refers to the procedures, ered by the particular agency or de- to accept it. and that any rule which the reviewing We would like to check with a few partment involved, he has said now court shall hold unlawful and set-aside more people. I yield the floor. agency actions which are ‘‘without ob- that first they have to recommend Mr. JOHNSTON. Mr. President, I rise these up to the Office of Information in support of the Abraham amendment. servance of procedure required by law.’’ and Regulatory Affairs in the Office of I congratulate the Senator for, first, ‘‘ * * * without observance of proce- Management and Budget, which is the his concern about small business, dure required by law.’’ office OIRA, that normally passes on which is a concern of all Members on There is nothing, Mr. President, in these things. regulations; second, for having an ap- the Glenn substitute, to say that sec- It is our understanding that would be propriate screening mechanism to pre- tion 706(D) does not apply. That is the an adequate stopgap, an adequate mon- vent the agency overload. only thing that legality can mean. itor, a governor, if you will, or a sieve, Agency overload, Mr. President, is to sort out what might be frivolous or one of the principal problems with this Now, when we get into a further dis- might not be frivolous. bill. We are all in favor, at least every- cussion of what the Dole substitute It is my understanding that the OMB, one that I have heard, says they are in shows, we will have a blowup of the then, in the amendment as now pro- favor of cost-benefit analysis, says language and make this clear. posed, would be able to stop that proce- they are in favor of risk assessment. Mr. President, exactly the opposite is dure if they wanted. The question is, do we give the agen- true. That is, Senator GLENN says that I ask my distinguished colleague cies more work than they can do and his amendment would prevent the re- from Michigan if that is his intent overload their capacity to do it? view. We say it not only permits it, but now, that once the SBA counsel has In its original form, the Abraham requires it. And that, under the Dole- submitted this to OIRA, we could turn amendment might well have been sub- Johnston pending amendment, it pre- it down and that would be the end of it. ject to that criticism in that any rule vents any such review by saying that, Mr. ABRAHAM. The Senator from on a look-back which the advocate des- ‘‘failure to comply with the subchapter Ohio is correct, I think. Our under- ignated would go into the workload of may be considered by the court solely standing is, with some changes which the agency. we made prior to introducing the However, in the form that the Sen- for the purpose of determining whether amendment here today, it was to pro- ator from Michigan has proposed, there the final agency action is arbitrary and vide sort of a fail-safe to ensure that is an appropriate screen because the capricious or an abuse of discretion.’’ the concerns that the Senator from head of OIRA would have to concur Mr. President, another serious defi- Ohio has expressed about the possi- with that judgment, which would en- ciency of the substitute is that there is bility of having the advocate of the sure, I believe, that those rules which no enforceable petition process on the Small Business Administration move have a major effect on small business Glenn substitute, no enforceable peti- into areas that were of negligible im- would be included in the workload, as tion process—no enforceable look-back portance, that might be extraor- they should be, but that we could pre- process. dinarily burdensome to the agencies, to vent the agency overload. Mr. President, I think this is an ex- Oh, there are words in there about provide a type of a fail-safe by requir- you can adopt it—you have the peti- ing concurrence—in other words, ap- cellent amendment which will pres- ently protect small business on the tion process as provided for under the proval—also, by the Administrator of present law. But what does that OIRA. look-back. Mr. GLENN. I was curious as to why If I may speak for a few moments on amount to? I mean, if all you get is the the Administrator of the Small Busi- the pending bill and on the Glenn sub- petition process under the present law, stitute, which the Senator has spoken ness Administration was not the au- you get nothing. That is what this bill about, there are a number of dif- thority that would pass on these things is all about. What happens when you ferences, Mr. President, and I believe to OIRA, or make the decision, rather have an oppressive regulation, of which that the pending bill, the so-called than taking a subordinate officer and, there are many, which did not follow a Dole-Johnston amendment, is a much in effect, elevating that officer for a risk assessment protocol, which did not better bill in terms of accomplishing greater authority than the Adminis- involve scientists or ignored the sci- the control over a runaway agency. entists, which is exorbitantly expen- trator has in being able to send things Mr. President, the Senator from Ohio sive, and which you want to take a off for review at a different place. [Mr. GLENN] states that under the Mr. ABRAHAM. I will say we felt, of Dole-Johnston bill, there would be a ju- look at? the various responsibilities at the dicial review of the procedures in the Effectively, there is almost nothing Small Business Administration, the ad- risk assessment management; and you can do about it, because there are vocate’s office is, in effect, a somewhat under the Glenn substitute, there no standards by which you can seek independent figure whose principal re- would not be that review of procedures. that petition and get it reviewed. And, sponsibility under current law would Mr. President, exactly the opposite is under the Glenn substitute, they sim- seem to be very consistent with the re- true under the language proposed. ply take the present law and say: sponsibility of trying to protect small Under the language of the Glenn sub- Whatever you do under the present businesses with regard to promulgation stitute, it states specifically that any law, we are not going to disturb. There of new regulations. regulatory analysis for such actions is no look-back process that is enforce- We thought that was the logical shall constitute part of the record and able. None at all. What it says is that place to impose this responsibility. shall, to the extent relevant, be consid- you shall look back at these, all these Also, the mechanism seemed to exist to ered by a court in determining the le- do some of the study that is entailed in gality of the agency action. regulations, within 10 years, or you putting forth these recommendations. The risk assessment protocol is in- may request to extend that up to 15 We thought that this semi-inde- cluded as part of the record and shall years. But what happens if you do not pendent status of the advocate, com- be considered by the court—shall be do it? It says you shall institute a rule- bined with the authorities already considered by the court—in deter- making under section 553. What does given it, were ones that justified and mining the legality of the agency ac- that mean? It means you submit a no- supported the notion of allowing that. tion. tice of proposed rulemaking, which can

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9614 CONGRESSIONAL RECORD — SENATE July 10, 1995 go on forever, and which in turn is not lates to this question of overload. Be- cause of these nonquantifiable benefits, enforceable. That is the problem today. cause, just as Senator ABRAHAM has so or if there are uncertainties of science, What happens when you can not get an wisely provided a screen to have a then you must identify what those un- agency to act? You have no recourse at check on the amount of overload com- certainties are, or you must identify all. ing from consideration of small busi- what those nonquantifiable benefits Some of these agency actions are ab- ness matters, we need a screen to lift are, and then provide the least cost al- solutely ridiculous. Two years ago I that bar a little higher, from $50 to $100 ternative that takes into consideration first proposed a risk assessment. And million. There is going to be a lot of the nonquantifiable benefits. the reason I did was we found in some work to be done under risk assessment So what we are saying is you may go of the rules which come before the En- and under cost-benefit analysis. There higher, but you have to say why you ergy Committee, which I chaired at is a lot of work to be done. We do not went higher, and you cannot do it just that time, that these costs were out of want to overload the agencies. because you want to or because it is control. We could not figure out why it So, Mr. President, I quite agree with politically attractive to do so or be- was, for example, that the cost of ana- Senator GLENN when he says that this cause some constituent group wants lyzing the Yucca Mountain waste site— is a very, very important bill. I am de- you to do it. You have to identify what the costs of characterizing that site— lighted there is, I believe on the part of it is that is uncertain or what it is that had gone up a hundredfold—a all parties—myself and Senator DOLE, is nonquantifiable. hundredfold—from $60 million to $6.3 Senator GLENN, Senator HATCH, Sen- So, Mr. President, in closing, I will billion. And we said, Why could this ator ROTH, those who have been the just say that the Abraham amendment, be? How can the cost of just deter- leaders in this area—a desire to try to I think, is a good one now that both mining, in this case a site for storage find a way to provide for an appro- protects small business on the of nuclear waste, whether that site is priate risk assessment and appropriate lookback procedures but provides the suitable—not the building of the site, cost-benefit analysis. appropriate screen. Therefore, I sup- just determining whether that site is I believe, with that desire of all par- port that amendment. suitable—how could those costs have ties, that we can work our will and get Mr. GLENN. Mr. President, will the gone up from $60 million to $6.3 billion? a good bill. But make no mistake about Senator yield for a question? One of the things we found that they it, risk assessment, putting science as Mr. JOHNSTON. Yes. had done was adopted a rule where opposed to politics or emotion or preju- Mr. GLENN. I ask my friend from they had ignored their own scientists, dice or superstition—putting science Louisiana. On this least cost versus absolutely ignored what the scientists back into the decision process and hav- cost effective, he talked about uncer- had told them. They did not know what ing a process that works, and that is tainties. What if there are no uncer- it was going to cost. The rule had no required to be followed, a logical proc- tainties, if the science is good, every- basis in health or safety. It was going ess—that tells the American taxpayer body is agreed on that, and if all mat- to cost $2.1 billion to comply with and we are going to fully protect your ters are quantifiable, lives may not be there was nothing anyone could do health and safety but we are not going monetizable in dollar value but they about it. to foolishly spend money on things are quantifiable on lives to be saved? I The Glenn substitute takes that that do not relate to health and safety. believe the way S. 343 is written now, same attitude, which is to say: Do not One final point about the Dole-John- even if only a $2 or a $20 expenditure worry about it. You are fully protected ston amendment. My friend from Ohio, would save 100 lives, you still have to under the present rules. We are not Senator GLENN, says that under our go with the least cost unless there is going to give you a right to go to amendment you must take the least- some uncertainty about the scientific court. We are not going to give you a cost alternative. Mr. President, that is data. right to enforce a petition process. We simply not true. The bill very specifi- Is that correct? are not going to give you a right to cally states that where uncertainties of Mr. JOHNSTON. Mr. President, that have an enforceable look-back process. science or uncertainties in the data re- is not correct. I think it is an excellent We are going to leave it as under quire a higher cost alternative, that question. I think the problem with the present law, and under present law all you may do so. Or, where there are— interpretation of the Senator from you have to do is file your notice of actually, to give the language here, the Ohio is that he is putting a very tor- proposed rulemaking and that is all language says, ‘‘if scientific, technical tured and incorrect definition of the you have to do. You cannot enforce and or economic uncertainties or nonquan- term ‘‘nonquantifiable benefits to require the agency to proceed with tifiable benefits to health, safety, or health, safety and the environment.’’ that rulemaking. the environment identified by the The value of the human life is by its So we will have a lot to discuss about agency in the rulemaking record make nature nonquantifiable. I mean, you this question of the two bills. There are a more costly alternative that achieves may say there are 10 lives. You can improvements which need to be made, the objectives of the statute appro- quantify it in that narrow sense. But to be sure, in the Dole-Johnston sub- priate and in the public interest and that is not the sense in which this is stitute. One of those, which I hope to the agency head provides an expla- meant. We are talking about values propose and have agreed to, and I have nation’’—that may be adopted. and benefits which are nonquantifiable. some confidence that we will be able to So, Mr. President, what we say is you The value of breathing clean air is by do so, is to take the CERCLA provi- get the least cost alternative that its very nature nonquantifiable. How sions—that is the Superfund, or envi- achieves the objectives of the statute can you say when you go out on a beau- ronmental management procedures— unless the science is uncertain, or the tiful, clear day where the temperature out of this bill. I think they ought to data are uncertain, in which event you is just right, you feel good, how can be considered separately. Almost ev- can get a more costly alternative. Or you say that is worth $764 a week? You erybody agrees that you need to use you may make a more costly alter- cannot. It is by its nature nonquantifi- risk assessment principles in deter- native if nonquantifiable benefits to able. The health, safety, or the envi- mining cleanup when you have Super- health, safety, or the environment ronment are by their nature nonquan- fund sites, but that it would better be make that in the public interest. What tifiable and, therefore, we have pro- done in a separate bill, reported out of does that mean? That means, if it vided that. the Environment and Public Works would save more lives to do something But all we are saying is, if you as ad- Committee in the Senate. And I believe else. How can you quantify the value of ministrator are saying that you can there is a desire on the part of that life? You cannot. But you can go to a save 10 additional lives, that you have committee to proceed with that. I higher cost alternative if those non- to identify that as your reason for think we ought to take those provi- quantifiable benefits to health, safety, going to the more costly alternative, sions out. or the environment make another al- and if that was the reason, then you I also hope at the appropriate time ternative more advisable. must take the least cost alternative we can increase the threshold amount But we say that, if you are going to that takes care of your 10 lives, that from $50 to $100 million. Again, that re- go to this higher cost alternative be- saves your 10 lives.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9615 I hope I have made that clear to my sole discretion to add small business tions, including the NFIB, the National friend from Ohio because it is a very rules to the agency review schedules. Association for the Self-Employed, the key point. To respond to concerns about political Small Business Legislative Exchange Mr. GLENN. It is a key point. I think accountability and the need for stand- Council, and the chamber of commerce, it is indicative of the kind of debate we ards in selecting rules for review, Sen- among others. I ask unanimous con- are going to get into here on some of ator ABRAHAM has revised his amend- sent that those letters of support be these specifics, the meaning of words ment. I believe this revision is a bal- printed in the RECORD. and so on. It has to be something that anced solution to a very important There being no objection, the letters will hold up in court, that is under- problem. were ordered to be printed in the stood by the courts. And that is a real One of my concerns was that, in pro- RECORD, as follows: major problem on this whole bill. We viding this discretion solely to the SUPPORT THE ABRAHAM-DOLE SMALL spent days and many hours going Chief Counsel for Advocacy at the BUSINESS PROTECTION AMENDMENT TO S. 343 through some of these word differences. Small Business Administration, the Government regulations constitute an This is one example of it that is going original amendment was a delegation enormous burden for small businesses. to be debated further as we get into of an extraordinarily broad power. Therefore, periodic review and sunsetting of this bill. I know basically we are on the Since the Chief Counsel for Advocacy regulations which can become out-of-date, Abraham amendment now. at the Small Business Administration obsolete or excessively time-consuming and costly is a major priority for small business Parliamentary inquiry. Does that is, as the Senator from Michigan point- in the regulatory reform debate. Seventy- run out at 3 o’clock? ed out, semi-independent in the same seven percent of NFIB members support re- The PRESIDING OFFICER. At 3 sense that inspectors generals are inde- viewing and sunsetting regulations. o’clock the Senator from Georgia will pendent, it gave tremendous authority The intent of Section 623 of the Regulatory offer an amendment. for this individual to take whatever ac- Reform bill is to make certain that regula- Mr. NUNN. Mr. President, will the tion he or she thought was appropriate tions are sunsetted as they become obsolete. Senator from Louisiana yield for 10 Regulations listed on review schedules pub- in requiring rules to be reviewed. lished by the agencies would be measured seconds? As revised, the Abraham amendment against the cost-benefit criteria in section Mr. JOHNSTON. Yes. would ensure more political account- 624 of the bill. PRIVILEGE OF THE FLOOR ability regarding which small business Unfortunately, regulations would not be Mr. NUNN. Mr. President, I ask rules are added to agency review sched- subject to review and eventually sunsetted unanimous consent that Bill Montalto, ules. Small business rules could be se- unless the agency responsible for the regula- of the House Committee on Small Busi- lected jointly by the Chief Counsel of tion chooses to place it on the review sched- ule? That’s almost like putting the wolf in ness, be permitted floor privileges for Advocacy for the Small Business Ad- charge of guarding the sheep. the purpose of working on my amend- ministration and the Administrator of If an agency doesn’t put a regulation, ment when it comes up. the Office of Information and Regu- which is particularly burdensome to small The PRESIDING OFFICER. Without latory Affairs. Alternatively, the Ad- business, on the list for review the only re- objection, it is so ordered. ministrator of OIRA alone could choose course is to petition to have the regulation Mr. ROTH addressed the Chair. small business rules for review. This added to the review schedule. Petitioning The PRESIDING OFFICER. The Sen- would ensure that the Administrator of will cost small business owners money—law- ator from Delaware. yers, consultants, researchers and others OIRA, a politically accountable official will have to be hired to prepare the petition Mr. ROTH. First, Mr. President, I who also understands the burdens on in order to meet the high demands set forth want to say how strongly I agree with the agencies, will be involved in the in section 623. my distinguished colleague, the senior process. The solution is the Abraham-Dole amend- Senator from Ohio, when he speaks In addition, the revised amendment ment. This amendment would empower the about the need for a bipartisan ap- makes clear that the standards appli- Chief Counsel for Advocacy at the U.S. Small proach to obtain regulatory reform. I cable to other rules selected for review Business Administration to add regulations want to say that I hope we can con- to the agencies’ review schedules which have apply to the small business rules. For significant impact on small businesses. The tinue to work together as we did in the example, the Administrator of OIRA Advocate would seek input from small busi- Governmental Affairs Committee to and the chief counsel must consider, in ness men and women on regulations that move forward legislation that accom- selecting a small business rule for re- need to be reviewed, would evaluate the sug- plishes the goals that I think we all view, whether review of the rule will gestions from entrepreneurs and direct agen- seek on both sides of the political aisle. substantially decrease costs, increase cies to take proper action for reviewing Mr. President, I want to congratulate benefits, or provide flexibility. those regulations. This amendment gives the only person in the Administration who is ex- Senator ABRAHAM for his contribution Mr. President, I believe that Govern- clusively responsible with representing the in offering this amendment. I strongly ment must be more sensitive to the cu- special needs of small business the ability to agree with him that there is no area of mulative regulatory burden on small ensure that regulations affecting them are activity more adversely affected by business. As I said earlier, small busi- not overlooked or ignored by agencies during some of the regulatory reform actions ness is, indeed, the backbone of Amer- the regulatory review process. of the past than small business. I think ica, a crucial provider of jobs, a A vote is expected on the Abraham-Dole we all agree that small business in wellspring of entrepreneurial innova- amendment after 5 p.m., Monday, July 10. many ways is the most important part This amendment has the strongest possible tion and a central part of the American support from the National Federation of of our economy as it is the primary dream. Independent Business. For more information area that results in growth in our econ- And again I congratulate Senator contact NFIB at (202) 484–6342. omy and, most importantly, is the area ABRAHAM for his hard work to help where the majority of jobs are being America’s millions of small NATIONAL ASSOCIATION FOR created. businessowners, their employees, and THE SELF-EMPLOYED, So, again, I want to congratulate the their families. I urge my colleagues to Washington, DC, July 7, 1995. junior Senator from Michigan for his support this amendment. Hon. SPENCER ABRAHAM, contribution in proposing this most U.S. Senate, Dirksen Senate Building, Wash- Mr. President, I yield back the floor. ington, DC. important amendment. Mr. ABRAHAM. Mr. President, I will DEAR SENATOR ABRAHAM: On behalf of the This amendment would strengthen be very brief. I would like to first 320,000 members of the National Association the lookback provisions of section 623. thank the Senator from Delaware for for the Self-Employed, I am writing to sup- It would provide a mechanism for add- his help, and providing this amendment port your amendment to S. 343, the Com- ing rules adversely impacting small has made it, I think, a stronger amend- prehensive Regulatory Reform Act of 1995. businesses to the agency schedules for ment, and I appreciate his judgment Currently, S. 343 calls for sunsetting regulatins as they become obsolete. The var- reviewing rules. and guidance on these matters. ious regulatory agencies would judge the As the amendment was originally Mr. President, I would also say that regulations against the cost-benefit criteria drafted, it would have allowed the the Abraham-Dole amendment has outlined in S. 343, seciton 624. The agencies Chief Counsel for Advocacy at the been strongly supported by all the Na- would then place the outdated regulations on Small Business Administration to have tion’s major small business organiza- a review schedule.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9616 CONGRESSIONAL RECORD — SENATE July 10, 1995 The Abraham/Dole amendment would American Trucking Associations, Inc.; National Wood Flooring Association; grant authority to the Chief Counsel for Ad- American Warehouse Association; NATSO, Inc.; vocacy of the Small Business Administration AMT—The Association for Manufacturing Opticians Association of America; to add regulations to the review list, thus Technology; ensuring that all regulations affecting small Architectural Precast Association; Organization for the Protection and Ad- business can be reviewed in a timely manner. Associated Builders & Contractors; vancement of Small Telephone Companies; We commend your efforts to give the Chief Associated Equipment Distributors; Petroleum Marketers Association of Amer- Counsel for Advocacy this important author- Associated Landscape Contractors of ica; ity. The Abraham/Dole amendment would America; Power Transmission Representatives Asso- greatly benefit the small-business commu- Association of Small Business Develop- ciation; ment Centers; nity. Printing Industries of America, Inc.; Sincerely, Automotive Service Association; Professional Lawn Care Association of BENNIE L. THAYER, Automotive Recyclers Association; President. Automotive Warehouse Distributors Asso- America; ciation; Promotional Products Association Inter- SMALL BUSINESS LEGISLATIVE COUNCIL, Bowling Proprietors Association of Amer- national; Washington, DC, July 6, 1995. ica; Retail Bakers of America; Building Service Contractors Association Hon. SPENCER ABRAHAM, Small Business Council of America, Inc.; U.S. Senate, International; Small Business Exporters Association; Washington, DC. Christian Booksellers Association; DEAR SENATOR ABRAHAM: On behalf of the Cincinnati Sign Supplies/Lamb and Co.; SMC/Pennsylvania Small business; Small Business Legislative Council (SBLC), I Council of Fleet Specialists; Society of American Florists; would like to offer our support for your Council of Growing Companies; Turfgrass Producers International. amendment to the pending regulatory re- Direct Selling Association; form bill to ensure regulations that have an Electronics Representatives Association; CHAMBER OF COMMERCE OF THE impact on small business are given a thor- Florists’ Transworld Delivery Association; Health Industry Representatives Associa- UNITED STATES OF AMERICA, ough review for ‘‘cost-effectiveness’’ after Washington, DC, July 10, 1995. they have been ‘‘on the books’’ for awhile. tion; Hon. SPENCER ABRAHAM, We commend you for the initiative as it ad- Helicopter Association International; Independent Bankers Association of Amer- U.S. Senate, dresses just the kind of disadvantage at Washington, DC. which small business always finds itself in ica; the regulatory process. Independent Medical Distributors Associa- DEAR SENATOR ABRAHAM: On behalf of the As we understand it, the pending bill re- tion; 215,000 business members of the U.S. Cham- quires agencies to review regulations for International Association of Refrigerated ber of Commerce, 96 percent of whom have cost-effectiveness if the agency puts them on Warehouses; fewer than 100 employees, I urge your strong a review schedule, or a private party peti- International Communications Industries and active support for two amendments to be tions to have them on the schedule. As you Association; offered to S. 343, the ‘‘Comprehensive Regu- have correctly recognized, the odds are that International Formalwear Association; latory Reform Act of 1995.’’ The Nunn/Cover- small businesses will not have the where- International Television Association; dell amendment ensures that small busi- withal to either identify such regulations or Machinery Dealers National Association; nesses benefit from the broader protections petition for their reconsideration. Giving the Manufacturers Agents National Associa- of S. 343, and the Abraham/Dole amendment Chief Counsel for Advocacy for Small Busi- tion; guarantees a voice for small businesses in ness the right to select the rules for review Manufacturers Representatives of Amer- the regulatory look-back process. To achieve seems to us to be a sensible, cost-effective ica, Inc.; meaningful reform for that segment of our alternative to assure small business access Mechanical Contractors Association of society hit hardest by regulatory burdens— to the process. America, Inc.; small businesses—these amendments are The Small Business Legislative Council National Association for the Self-Em- critical. (SBLC) is a permanent, independent coali- ployed; The Nunn/Coverdell amendment recognizes tion of nearly one hundred trade and profes- National Association of Catalog Showroom that there may be many instances where a sional associations that share a common Merchandisers; regulatory burden on small businesses could commitment to the future of small business. National Association of Home Builders; be severe even though the $50 million thresh- Our members represent the interests of small National Association of Investment Com- old for a complete regulatory review has not businesses in such diverse economic sectors panies; been triggered. By deeming any rule that National Association of Plumbing-Heating- as manufacturing, retailing, distribution, trips an analysis under the Regulatory Flexi- Cooling Contractors; professional and technical services, con- bility Act of 1980 a ‘‘major rule,’’ small enti- National Association of Private Enter- struction, transportation, and agriculture. ties will receive the protection they need and prise; Our policies are developed through a con- deserve from the extreme rigors they often National Association of Realtors; sensus among our membership. Individual experience from even the best-intentioned National Association Retail Druggists; associations may express their own views. regulations. National Association of RV Parks and For your information, a list of our members Campgrounds; To address the problems associated with is enclosed. National Association of Small Business In- the mountain of existing regulations and Sincerely, vestment Companies; their impact on small entities, the Abraham/ JOHN S. SATAGAJ, National Association of the Remodeling In- Dole amendment will boost the power of President. dustry; small businesses to benefit more effectively MEMBERS OF THE SMALL BUSINESS National Chimney Sweep Guild; from the sunset provisions of Section 623 of LEGISLATIVE COUNCIL National Electrical Contractors Associa- S. 343. Small companies often need all of Air Conditioning Contractors of America; tion; their people-power and resources simply to Alliance for Affordable Health Care; National Electrical Manufacturers Rep- keep afloat. They do not always have the Alliance of Independent Store Owners and resentatives Association; ability to petition federal agencies for re- Professionals; National Food Brokers Association; view of particularly onerous existing regula- American Animal Hospital Association; National Independent Flag Dealers Asso- tions. By vesting within the Small Business American Association of Equine Practi- ciation; Administration responsibility for ensuring tioners; National Knitwear & Sportswear Associa- that regulations that are particularly prob- American Association of Nurserymen; tion; lematic for small businesses are not excluded American Bus Association; National Lumber & Building Material from the regulatory sunset review process, American Consulting Engineers Council; Dealers Association; small businesses can be assured that their American Council of Independent Labora- National Moving and Storage Association; proportional needs are always considered. tories; National Ornamental & Miscellaneous The Chamber hears regularly from its American Gear Manufacturers Association; Metals Association; small business members that federal regula- American Machine Tool Distributors Asso- National Paperbox Association; tions are doing them in. Support for these ciation; National Shoe Retailers Association; two amendments will validate that their American Road & Transportation Builders National Society of Public Accountants; cries have been heard and acted upon. I Association; National Tire Dealers & Retreaders Asso- strongly urge your support for both the American Society of Interior Designers; ciation; Nunn/Coverdell amendment and the Abra- American Society of Travel Agents, Inc.; National Tooling and Machining Associa- ham/Dole amendment. American Subcontractors Association; tion; Sincerely, American Textile Machinery Association; National Tour Association; R. BRUCE JOSTEN.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9617 NATIONAL ROOFING As I said, small businesses bear a dis- Let me conclude with a couple points CONTRACTORS ASSOCIATION, proportionate share of the burden of about concerns with this general ap- Washington, DC, July 7, 1995. regulation. According to the Small proach, although, as I said, I think par- Hon. SPENCER ABRAHAM, Business Administration, small busi- ticularly with the amendment to the U.S. Senate, Washington, DC. nesses’ share of the burden of regula- amendment that Senator ROTH spoke DEAR SENATOR ABRAHAM: The National tions is three times that of larger busi- about a moment ago this should be a Roofing Contractors Association (NRCA) nesses. very popular amendment. strongly supports the ‘‘periodic review and Under the current language of sec- There was some question that it sunsetting of regulations’’ amendment that tion 623, a regulation would not be sub- might be appropriate for there to be a you and Majority Leader Dole will offer to ject to review unless the agency choos- limit on the number of regulations Section 623 of the Comprehensive Regulatory es to place it on the review schedule or that the advocate could designate for Reform Act of 1995, S. 343. an interested party successfully peti- As we understand it, the intent of Section review, but we think that under this 623 is to ensure that regulations are tions to have it added to the review process clearly agencies that choose to sunsetted as they become obsolete. However, schedule. review regulations that hurt small a regulation would not be subject to review Since small businesses, as I noted, business likely will not have many reg- and sunsetting unless the agency that ad- frequently do not have the same kind ulations added to their review schedule ministers the regulation schedules it for re- of resources to hire the lawyers and the by the advocate. Those, of course, that view. This would allow agencies a dispropor- consultants necessary to prepare a pe- ignore the concerns of small business tionate amount of discretionary power to tition that would meet the demanding could expect to have their review pick and choose regulations for sunsetting. standards set forth in section 623, the The Abraham-Dole amendment would curb schedule expanded by the advocate, but the potential for agency bias by enabling the bill’s current language would allow that is part of the incentive which we SBA’s Chief Counsel for Advocacy to add reg- agencies to refuse to review regula- are building into this amendment. ulations which have a significant impact on tions that have a significant impact on And second, there was a concern that small business to an agency’s review sched- small business. And that is where this really we ought to only be considering ule. This would be done with input from the amendment comes in. It is very impor- major rules; otherwise, we could clog small business community. tant that agencies include in their re- the courts and clog the agency with an Earlier this year, NRCA testified in sup- view schedules any regulation des- unnecessary workload. port of the Regulatory Sunset and Review ignated for review by the chief counsel It is true, of course, that the cost- Act of 1995, H.R. 994. A copy of our written statement, which discusses specific regula- for advocacy of the Small Business Ad- benefit and risk-assessment require- tions, is enclosed. Please note that attached ministration and OIRA. And that is the ments generally apply only to the pro- to the statement is the Wall Street Journal important point of this amendment. mulgation of major rules, but many of article, ‘‘So You Want To Get Your Roof In selecting regulations to designate the rules that hurt small business the Fixed . . .’’ for review, the advocate could seek most would not meet the cost thresh- NRCA is an association of roofing, roof input from small businesses and would old for major rules, and this is particu- deck and waterproofing contractors. Found- consider criteria such as the extent to larly true if the major rule threshold ed in 1886, it is one of the oldest associations which the regulation imposes onerous in the construction industry and has over were to be raised from its current $50 3,500 members represented in all 50 states. burdens on small businesses or directly million limit. NRCA contractors are small, privately held or indirectly causes them not to hire For example, the NFIB estimates companies, and our average member employs additional employees. that OSHA’s widely criticized fall-safe- 35 people with annual sales of $3 million. The amendment thus would create a ty rule would impose costs of $40 mil- Sincerely, small business counterpart to the peti- lion annually, $10 million short of the CRAIG S. BRIGHTUP, tion process which is available to larg- $50 million major rule threshold. This Director of Government Relations. er firms, with the advocate rep- rule would require employees, by the Mr. KYL addressed the Chair. resenting the interests of small busi- way, to wear an expensive harness with The PRESIDING OFFICER. The Sen- nesses, just as the high-priced lawyers a lifeline attached to the roof any time ator from Arizona. and consultants will represent, presum- that a worker works 6 feet or higher Mr. KYL. I rise in strong support of ably, the interests of those larger busi- above the ground. the Dole-Abraham amendment and nesses in that petition process. The negative impact of this rule on compliment my colleague from Michi- And, of course, it has been noted why small businesses was the subject of an gan for his work in preparing this the advocate of the Small Business Ad- op-ed in the June 13, 1995, issue of USA amendment. Obviously, it is going to ministration is ideally suited to this Today. It is a good illustration of how be very popular. It is going to make a task, because, according to the statute, even with a rule like this, which necessary improvement in the bill, and I am quoting now, its mission is to achieved a great deal of attention and which in its current form is a very ‘‘enhance small business competitive- would impose a significant cost on good bill. But because small business is ness in the American economy.’’ And small contractors, it nonetheless would such an important part of our Nation’s the advocate ‘‘measure[s] the direct fail to meet that threshold require- economy and because regulations can costs and other effects of Government ment, and that is one of reasons why have a particularly pernicious effect on regulation on small businesses and the kind of review called for in the small businesses, because small busi- make[s] legislative and nonlegislative Abraham-Dole amendment is not only nesses are not as well equipped as large proposals for eliminating excessive or appropriate but is really quite nec- companies are to hire the lawyers and unnecessary regulations of small busi- essary. the consultants and the other people ness.’’ So, Mr. President, I am sure that necessary to deal with the red tape of As a matter of fact, the advocate also most of our colleagues will be in strong Federal regulations, I think it is espe- administers the Regulatory Flexibility support of the Abraham-Dole amend- cially important that small businesses Act which has afforded it additional ex- ment, and I certainly urge its adoption not be unduly negatively impacted by perience in assessing the impact of reg- and would also indicate my strong sup- regulation, and therefore this amend- ulations on small business. port for the underlying bill. ment will certainly assist in this re- So this amendment, Mr. President, I yield the floor. gard. would actually merely build on a foun- Mr. GRAMS addressed the Chair. Small businesses are really the en- dation laid by the Regulatory Flexi- The PRESIDING OFFICER. The Sen- gine that drives our economy. In fact, bility Act. Under that act, the advo- ator from Minnesota. from 1988 to 1990, small businesses with cate reviews agency analyses of the Mr. GRAMS. Mr. President, I also fewer than 20 employees created over 4 likely impact of the proposed and final would like to rise today as a cosponsor million new jobs in this country, and rules on small businesses. So under the of the small business protection that was at the same time, Mr. Presi- Abraham-Dole amendment the advo- amendment to the Regulatory Reform dent, that companies with more than cate’s role in reviewing regulations Act. 500 employees lost over 500,000 net jobs would be very similar to its role in pro- The PRESIDING OFFICER. The Sen- during that same period. mulgating regulations. ator should be advised that under a

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9618 CONGRESSIONAL RECORD — SENATE July 10, 1995 previous order, we are to turn to the regulations that have outlived their and that is also why I urge my col- amendment of the Senator from Geor- usefulness. leagues to give it their support today gia at 3 o’clock. As the 1995 Regulatory Reform Act is as well. Mr. GRAMS. I ask unanimous con- currently written, regulations would be Thank you, Mr. President. I yield the sent to address the Senate for about 7 listed on review schedules published by floor. minutes. the agencies. However, a regulation The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without would not be subject to review unless DEWINE). The Senator from Michigan. objection, it is so ordered. the agency chooses to place it on the Mr. ABRAHAM. Mr. President, I ask Mr. GRAMS. Mr. President, again, I review schedule. If the agency does not unanimous consent to speak briefly want to say I rise as a strong cosponsor place a particular regulation on the re- with respect to the Abraham-Dole of the small business protection view schedule, an individual or a small amendment. amendment to the Regulatory Reform business may petition that agency to The PRESIDING OFFICER. Without Act, and as a strong proponent of hold- do so. But this is not as easy as it objection, it is so ordered. Mr. ABRAHAM. Mr. President, I ing Government accountable to the sounds. The individual or small busi- would like to conclude my remarks. taxpayers, I believe this amendment ness must meet unreasonably high There does not appear to be anyone would make a good bill even better. standards—standards so stringent that else at this point who wants to speak I also compliment the Senator from the average person would have to hire Michigan for all the work he has done to the amendment. expensive lawyers and consultants just I want to thank my colleague, the in this area. to figure out how to meet that criteria. Senator from Minnesota, for his sup- The negotiations that many of us What the small business protection port on these matters pertaining to have undertaken on the Regulatory Re- amendment would do is to require sunsetting regulations, as he already form Act have been long and often agencies to include on their review indicated, before this Congress took of- painful, especially as we witnessed the schedules any regulation designated for fice, and I am sure he will continue his watering down of rational provisions. review by the chief counsel for advo- support in the process of putting to- The sunset provision has been one of cacy of the Small Business Administra- gether this amendment. His broad sup- those casualties. tion in concurrence with the OMB’s Of- port for sunsetting regulations has But the small business protection fice of Information and Regulatory Af- been an important ingredient in our ef- amendment would strengthen the pro- fairs. This represents an important forts to bring this particular amend- vision in the bill which cancels or sun- step toward alleviating the burden of ment to the floor. I want to thank him sets regulations as they become obso- outdated regulations and also ensuring for his remarks today. lete. the future health of our economy. As I said earlier, Mr. President, when Excessive Federal regulations and Big businesses already have a loud I offered the amendment, I think that redtape impose an enormous burden on voice in the regulatory process because the bill we have before us has a system this Nation. Regulations act as hidden they have access to resources often out in place which will provide big busi- taxes which push up prices on goods of the reach of small businesses. But nesses with a vehicle, a mechanism by and services for American households, small businesses create millions of new which they can bring regulations up for dampen business investment and, ulti- jobs every year, and this amendment review, because they will be in a posi- mately, kill jobs. would allow their voices to be heard as tion financially to afford the kind of What concerns me most, however, is well. technical cost-benefit studies and that a large portion of Federal regula- Mr. President, I am sure that there is other types of inquiry necessary to tions do not have strong scientific not a single Member of this body who present a petition that can be success- merit to back up their enforcement. I has not been contacted by a con- ful as it is considered. am also concerned that we are cur- stituent from their home State because Unfortunately, small businesses do rently prohibited from even conducting of some absurd and outmoded regula- not always enjoy that opportunity. It cost-benefit analyses on some of the tion. And yet some of my colleagues is also the case that regulations which extensive regulatory measures in this will argue that strengthening the sun- cost $30 or $40 million that do not quite country. How can this Congress make set measure in the Regulatory Reform make it to the level which we consider well-informed decisions if we cannot Act would place an undue burden on major rules in this legislation, at the even consider these types of options? the regulatory agencies, who would $30 or $40 million pricetag are very More than 2 years ago, as a new have to spend a lot more time review- costly rules, very major rules from the Member of Congress, the first sunset ing and a lot less time regulating. I standpoint of a small mom-and-pop amendment I offered was to H.R. 820, argue that is what regulators ought to business that is out there in America and that was the National Competi- do—that is, review and then retire reg- trying to survive. tiveness Act. I mention this because ulations that are no longer needed and So I think this amendment, as I said my goal was not to hinder our ability then to fix those that are not working. at the outset, strikes the proper bal- to compete in the international mar- The fact is that strengthening the ance between the need to place some ketplace. On the contrary, with over- sunset provision of the Regulatory Re- constraints on how many regulations regulation strangling our competitive- form Act will have absolutely no im- come up for review, on the one hand, ness abroad, my goal was simply to pact on regulations which serve a use- and the legitimate needs of small busi- provide a framework for ensuring over- ful and realistic purpose. It will not nesses on the other to have their day in sight and accountability and to get make our air dirty or our water un- court. agencies to start setting standards to clean. It will not pollute our environ- My parents owned a small business justify the funding that they now re- ment or jeopardize our health or our for quite a long time. I know what they ceive. safety. encountered as small business people, After this first sunset amendment, I What this amendment will do is to truly a mom-and-pop operation, in at- offered several more to various House enhance the accountability and over- tempting to just sort out the demands appropriations bills, and almost a sight that regulators have to the tax- that we in Washington placed on their dozen were passed into law with wide payers of this country—the people who business. Others come to my office all bipartisan support. must foot the bill for every rule and re- the time with similar expressions of Let me remind you, Mr. President, quirement imposed by the myriad of concern. I believe this amendment that the concept of sunsetting regula- regulatory agencies. gives the small business community a tions is not new. In fact, President Establishing a fair procedure by mechanism by which regulations that Clinton’s Chief of Staff, Leon Panetta, which regulations can be reviewed peri- are costly to small businesses can be offered sunset legislation when he odically to ensure and to maintain brought up for review, even if they are served in the U.S. House of Representa- their effectiveness is just plain com- not initially placed on the list of rules tives. mon sense. That is why I am proud to to be reviewed by agencies, and be So now we have the opportunity with be a cosponsor of the Abraham-Dole brought up for review without necessi- a single piece of legislation to sunset small business protection amendment, tating on the part of small businesses

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9619 who often will not be able to afford the ment where that power has been au- require the inspectors general not only expensive process that the petition sys- thorized by Congress. to report to their agency heads, we re- tem provides. We felt, as a consequence, that there quire them to give us those same indi- I think it will be an effective addi- would be fewer countervailing types of vidual reports because we feel if the tion to this bill and I hope an effective considerations brought before the ad- IG’s are so important in the work they way by which small businesses across vocate than at the other offices of do, that we give them specific author- this country continue to have their SBA. We thought, as a consequence, ity to report outside the chain of com- voice heard as they deal with Federal the advocate could perform their jobs mand to the appropriate committees of regulation in the future. freed of, and somewhat liberated of, Congress, in addition to reporting to Mr. President, I yield the floor. some of the other countervailing re- their agency head—not to bypass com- Mr. GLENN addressed the Chair. sponsibilities that an administrator or pletely, but in addition to reporting to The PRESIDING OFFICER. The Sen- other agents of the SBA might have. the agency head. ator from Ohio. That is how we reached this judgment. The other place we do that is in the Mr. GLENN. Mr. President, I know I think it certainly would be my ex- Chief Financial Officers Act, where the we have run over our time for this par- pectation that the advocate would con- chief financial officers are required, by ticular amendment, but I believe there sult with and discuss with the agency law, to report not only to their agency is a small meeting still going on. I ask and with the SBA Administrator deci- head but also to the appropriate com- my distinguished colleague from sions regarding regulations put on the mittees of Congress. Michigan if he had considered having rule. We thought this office was the Now, those are the only cases I know the reporting authority for small busi- place where the least argument could of where we authorize people, or re- ness concerns be the Administrator of be made, where political pressures, spe- quire people, that if they want to take the Small Business Administration? cial interest group pressures, and so action, they are authorized to go out- It is a little unusual to go down on, were not justifying actions, and side the purview and outside the views somewhere in the organizational chart that in fact this had a certain amount of, and maybe the wishes of, their of any agency or department and give a of independence and a specific amount agency head, and do something that particular person the authority, no of authority, as well as what I said ear- the agency head might not agree with. matter what their title or what their lier, some of the tools it will take to So I think there is that problem. I normal responsibilities are, to bypass make these decisions, because it is part would feel more comfortable, I guess, if all other rules, regulations, and admin- of the current responsibility of the of- we had the agency head required to be istrative procedures for that particular fice to examine regulations for reasons consulted. And if the report was still to department, to bypass the adminis- of promulgation. So it makes sense go on to OIRA and the agency head ob- trator of their department, even that this might be the place. jected, that reasons why the decision though the administrator might not Mr. GLENN. I say to my colleague was made to go to OIRA over the objec- agree with what he is going to propose, that I would certainly hope that in tion of the agency head were made part and bypass within the depths of an every case—as he said, the normal pro- of that report to OIRA, I do not know agency the administrator and go di- cedure would be that there would be whether that was considered or not. rectly to OIRA. consultation with the administrator. But it seems that that would be a more Would it not make more sense if we Would it be acceptable to the Senator normal procedure for what we want to really did this through the adminis- from Michigan to make it consultation do. trator as the first step on this process? and approval of the administrator be- Mr. ABRAHAM. I do not want to ex- Otherwise, you could come up with a fore this matter was brought to OIRA? press the suggestion that we have situation where you have an adminis- Mr. ABRAHAM. At this point, I spent a huge amount of time consid- trator who really does not agree, and would not be in a position to make ering the specific role of the head of maybe for some very good reasons, as that change, I say to the Senator from SBA. But let me go back to the point to the actions that will be taken by the Ohio. Because my mind is not fully as to why the chief counsel for advo- counsel for advocacy. I ask, was that closed on this, there are a number of cacy was initially identified. That is, considered? If that was turned down, people who participated in putting to- because in the reg flex language that is what were the reasons for not going gether this amendment initially, and I currently on the statutes, it states spe- that route of having the administrator need to consult as to their feelings on cifically in 602(b) that ‘‘each regulatory represent his agency? this departure. I know a number of flexibility agenda shall be transmitted Mr. ABRAHAM. The concern the them earlier expressed the view that to the chief counsel for advocacy of the Senator from Ohio expressed was one once we added the OIRA Administrator Small Business Administration for that we took into account in the proc- to the process in determining which comment, if any.’’ ess of putting together the amendment regulations would be placed on the var- In other words, because that was the originally. What we tried to balance ious agencies’ lists, that we had satis- way the statutes currently kind of was the responsibilities of the different fied any residual concerns which might vested authority for reg flex, we officials in the Small Business Admin- exist as to having a person with a di- thought it was a sensible way to deal istration. rect appointment and responsibility in with it and was built more or less on The reason that we felt this par- the loop. I would need to go back and that language. I think that was more ticular office was the appropriate place determine, I think, from some of the the guiding notion that we used than to vest this authority was because of other people who are part of this, their any other particular consideration. two things. No. 1, the responsibilities receptive feeling to any change of that Mr. GLENN. Well, I say to my friend of this office are expressly those of ad- type. from Michigan that this is an enor- vocating the concerns of small busi- Mr. GLENN. I would think we would mously important position in that—I nesses. With all due respect to the head get much more broad support if it had believe I state this correctly—all the of any agency, as far as their set of re- that arrangement in it. If this is such rules and regulations being promul- sponsibilities goes, whether it is the an unusual procedure, to say we go gated throughout Government are re- head of the SBA or any of the other down within an agency and say we give quired to be submitted to SBA and be agencies of our Government, they have that person responsibility for taking reviewed by SBA under reg flex, the other considerations they must take the basic function of that agency and Regulatory Flexibility Act. So every- into account, whether it is political making a review necessary by OIRA, or thing that is going to occur in Govern- considerations or considerations that whatever else it might be—in this case ment in the regulatory field is sub- have to do with budget needs or mana- OIRA—without the approval of the mitted to SBA specifically now, wheth- gerial duties. But this office was set agency head—now, there are only two er it is intended to cover big corpora- up, as we interpreted it, in an exclusive other places in Government that I am tions, small or private businesses, indi- sense to try to really be the advocate aware of where we do that. One is with viduals, or whatever. They, in effect, of the small business community of the inspectors general, and we provide get a crack at them to make their com- America. It is the one place in Govern- them considerable leeway. In fact, we ment.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9620 CONGRESSIONAL RECORD — SENATE July 10, 1995 This office of advocacy is the organi- mists, or environmental experts, that The Senator from Georgia [Mr. NUNN], for zation within SBA that looks at those. may be necessary to prepare a petition himself and Mr. COVERDELL, proposes an And so the recommendations that that meets the exacting standards in amendment numbered 1491 to amendment would be made to OIRA are potentially section 624 necessary for granting a pe- No. 1487. enormous in scope. All the rules and tition to review rules that are burden- Mr. NUNN Mr. President, I ask unan- regulations promulgated by Govern- some to small business. imous consent further reading of the ment would have to go through that This amendment will allow the chief amendment be dispensed with. chain and could be kicked up to OIRA counsel for advocacy of the SBA with The PRESIDING OFFICER. Without for whatever consideration they want- the concurrence of head of OIRA to se- objection, it is so ordered. ed to make. To take that out from lect rules to be put on the agency re- The amendment is as follows: under them—at least the oversight or view schedule as a substitute for the On page 14, line 10, strike out ‘‘or’’. the coordinated action of the adminis- petition process available to larger On page 14, line 16, add ‘‘or’’ after the semi- trator of SBA—is a mighty big step to businesses with greater capital assets. colon. On page 14, insert between lines 16 and 17 make, and a mighty big important re- It assures that the one official in the the following new subparagraph: sponsibility to give to that one person, Administration exclusively responsible ‘‘(C) any rule or set of closely related rules, whoever he or she might be in that of- with representing the needs of small not determined to be a major rule pursuant fice of advocacy. business will have authority to ensure to subparagraph (A) or (B), that the agency So I think it would be better if it that regulations burdensome to small proposing the rule determines will have a went in the other direction. We are business will be reviewed. In essence, significant economic impact on a substantial still checking with some of the people the advocate will act as an ombudsman number of small businesses, pursuant to sub- interested in this on our side. We are for small business. chapter I; The advocate, however, does not have On page 39, line 22, strike out ‘‘and’’. way over on our time. On page 39, line 24, strike out the period Mr. President, I suggest the absence unrestrained discretion to place exist- and insert in lieu thereof a semicolon and of a quorum. ing rules on section 623’s mandated re- ‘‘and’’. The PRESIDING OFFICER. The view schedule. The advocate must seek On page 39, add after line 24 the following clerk will call the roll. the input from small business as to new subparagraph: The bill clerk proceeded to call the what burdensome rules to review and ‘‘(C) an agency certification that a rule roll. the amendment establishes criteria, will not have a significant economic impact Mr. ABRAHAM. Mr. President, I ask such as whether the existing rule on a substantial number of small entities pursuant to section 605(b). unanimous consent that the order for causes small business not to hire addi- On page 40, line 5, insert ‘‘and section 611’’ the quorum call be rescinded. tional employees, to guide the advo- after ‘‘subsection’’. The PRESIDING OFFICER. Without cate in selecting rules for review. I do On page 68, strike out all beginning with objection, it is so ordered. not believe that the review schedule line 9 through line 11 and insert in lieu Mr. ABRAHAM. I ask unanimous system will be overwhelmed by the ad- thereof the following: consent that Senator NICKLES be added dition of rules that burden small busi- ‘‘(A) include in the final regulatory flexi- as an original cosponsor of the Abra- ness. Under the Abraham-Dole amend- bility analysis a determination, with the ac- ham amendment No. 1490. ment the advocate will cooperate with companying factual findings supporting such determination, of why the criteria in para- The PRESIDING OFFICER. Without the responsible agency and OMB to as- graph (2) were not satisfied; and objection, it is so ordered. sure the efficacy of the agency review On page 72, insert between lines 14 and 15 Mr. ABRAHAM. Mr. President, I ask process. the following new subsection: unanimous consent that Senator I urge my colleagues to support this (e) AMENDMENTS TO THE REGULATORY HATCH, the Senator from Utah, be amendment. FLEXIBILITY ACT.— added as an original cosponsor. I suggest the absence of a quorum. (1) IMPROVING AGENCY CERTIFICATIONS RE- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The GARDING NONAPPLICABILITY OF THE REGU- objection, it is so ordered. clerk will call the roll. LATORY FLEXIBILITY ACT.—Section 605(b), of title 5, United States Code, is amended to Mr. ABRAHAM. Mr. President, I sug- The bill clerk proceeded to call the roll. read as follows: gest the absence of a quorum. ‘‘(b) Sections 603 and 604 of this title shall The PRESIDING OFFICER. The Mr. NUNN. Mr. President, I ask not apply to any rule if the head of the agen- clerk will call the roll. unanimous consent that the order for cy certifies that the rule will not, if promul- The bill clerk proceeded to call the the quorum call be rescinded. gated, have a significant economic impact on roll. The PRESIDING OFFICER. Without a substantial number of small entities. If the Mr. HATCH. Mr. President, I ask objection, it is so ordered. head of the agency makes a certification unanimous consent that the order for AMENDMENT NO. 1491 TO AMENDMENT NO. 1487 under the preceding sentence, the agency the quorum call be rescinded. (Purpose: To provide small businesses im- shall publish such certification, along with a proved regulatory relief by requiring that succinct statement providing the factual The PRESIDING OFFICER. Without reasons for such certification, in the Federal objection, it is so ordered. a proposed regulation determined to be subject to chapter 6 of title 5, United Register along with the general notice of Mr. HATCH. Mr. President, I strongly States Code (commonly referred to as the proposed rulemaking for the rule. The agen- support the Abraham-Dole amendment, Regulatory Flexibility Act) will be deemed cy shall provide such certification and state- which would require agencies to in- to be a major rule for the purposes of being ment to the Chief Counsel for Advocacy of clude in their schedule to review exist- subject to agency cost-benefit analysis and the Small Business Administration.’’. ing rules, pursuant to section 623 of S. periodic review; requiring factual support (2) TECHNICAL AND CLARIFYING AMEND- 343, any existing regulation that sub- of an agency determination that a pro- MENTS.—Section 612 of title 5, United States posed regulation is not subject to such Code, is amended— stantially affects small business as se- (A) in subsection (a) by striking ‘‘the Com- lected by the chief counsel for advo- chapter; providing for prompt judicial re- view of an agency certification regarding mittees on the Judiciary of the Senate and cacy of the Small Business Administra- the nonapplicability of such chapter; and the House of Representatives, the Select tion. clarifying other provisions of the bill relat- Committee on Small Business of the Senate, Under section 623 as currently draft- ing to such chapter) and the Committee on Small Business of the ed, a regulation would not be subject to Mr. NUNN. Mr. President, I apologize House of Representatives’’ and inserting ‘‘the Committees on the Judiciary and Small review unless an agency chooses to to my colleagues for my voice. Obvi- place an existing rule on the review Business of the Senate and House of Rep- ously, I am losing it, but I will do the resentatives’’; and schedule or an interested party is suc- best I can this afternoon. (B) in subsection (b) by striking ‘‘his views cessful in having a petition to place a Mr. President, I send an amendment with respect to the effect of the rule on rule on the schedule for review. to the desk for immediate consider- small entities’’ and inserting ‘‘views on the Unfortunately, the petition process is ation. rule and its effects on small entities’’. costly and thus particularly burden- The PRESIDING OFFICER. The On page 72, line 15, strike out ‘‘(e)’’ and in- some to small businesses. Most small clerk will report. sert in lieu thereof ‘‘(f)’’. businesses do not have the resources to The assistant legislative clerk read Mr. NUNN. Mr. President, this hire the attorneys, consultants, econo- as follows: amendment assures that the Nation’s

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9621 small business community will derive workers who will have to worry about trip- from the regulatory sunset review process, full benefit from the fundamental ping over each other’s safety riggings. small businesses can be assured that their changes to the regulatory process pro- The Nunn-Coverdell amendment, which is proportional needs are always considered. scheduled to be voted on after 5 p.m. on Mon- posed in S. 343. The Chamber hears regularly from its day, July 10, solves this problem by requir- small business members that federal regula- The amendment accomplishes this ing all regulations that are currently subject tions are doing them in. Support for these goal by establishing a direct statutory to the Regulatory Flexibility Act (Reg-Flex) two amendments will validate that their link between the existing requirement of 1980 to be subject to cost-benefit analysis cries have been heard and acted upon. I to the Regulatory Flexibility Act of and periodic review—but not risk assess- strongly urge your support for both the 1980 [RFA] and the requirements of S. ment. Nunn/Coverdell amendment and the Abra- 343. Which regulations currently fall under ham/Dole amendment. Under the Regulatory Flexibility Reg-Flex? Reg-Flex requires the regulatory Sincerely, Act, whenever a Federal agency pro- burden be minimized on those regulations R. BRUCE JOSTEN. which have a ‘‘significant impact on a sub- poses a rule that is expected to have a stantial number of small entities.’’ Last SMALL BUSINESS LEGISLATIVE COUNCIL, significant impact on a substantial year, 127 regulations contained a Reg-Flex Washington, DC, July 10, 1995. number of small entities, the agency is analysis. Small entities, which often bear a Hon. SAM NUNN, required to conduct a regulatory flexi- disproportionate share of the regulatory bur- Hon. PAUL COVERDELL, bility analysis, with opportunities for den, include small businesses, small local U.S. Senate, public participation, to minimize the governments (like towns and townships) and Washington, DC. expected burden. small non-profit organizations. DEAR SENATORS: On behalf of the Small The Nunn-Coverdell amendment also al- The Nunn-Coverdell amendment Business Legislative Council (SBLC), I wish lows prompt judicial review of an agency’s to offer our support for your amendment to would, No. 1, require that a proposed non-compliance with the Reg-Flex Act. If an rule, determined to be subject to the ensure that proposed regulations, with the agency incorrectly states that a regulation potential to have a significant impact on RFA, be considered to be a major rule does not have a significant impact on small small businesses, are subject to a com- for the purpose of cost-benefit analysis business—and it does—a judge will have the prehensive cost benefit analysis. It makes and periodic review. But we exclude the authority to put the regulation on hold until sense to us to have as much data available as comprehensive risk assessment re- the Federal agency re-evaluates the regula- possible to assess the full impact proposed quired under S. 343. tion and reduces the burden on small busi- regulations will have on small business. No. 2, the amendment would require ness as much as possible. As you know, the delegates to the recent Agencies would also be required to provide White House Conference on Small Business agencies to provide factual support for factual support to back up their decisions to any determination that a proposed reg- included several references to the regulatory ignore Reg-Flex. process among their top recommendations. The bipartisan Nunn-Coverdell amendment ulation would not have a significant Clearly, the cumulative burdens of the cur- is a major priority for small business and has impact on a substantial number of rent regulatory regime weighed heavily on NFIB’s strong support. Regulatory flexi- small businesses and is exempt from their minds. We need to make certain that bility was recently voted the third most im- the Regulatory Flexibility Act. we do not add to that regulatory burden un- portant issue at the White House Conference No. 3, the amendment provides for necessarily. on Small Business. Please call NFIB at (202) Along with the language in the Dole/John- prompt judicial review of an agency 484–6342 for additional information. certification that the Regulatory ston version of S. 343 which allows for judi- cial review of agencies’ compliance with the Flexibility Act does not apply to a pro- UNITED STATES OF AMERICA Regulatory Flexibility Act, your amendment posed rule. CHAMBER OF COMMERCE, will ensure we have a meaningful way to Washington, DC, July 10, 1995. This is a bipartisan amendment. truly assess the impact of regulations upon DEAR SENATOR: On behalf of the 215,000 This amendment enjoys strong sup- small business and to ensure we do some- port within the small business commu- business members of the U.S. Chamber of Commerce, 96 percent of whom have fewer thing to mitigate the impact. nity. The Small Business Legislative Council than 100 employees, I urge your strong and I ask unanimous consent that copies (SBLC) is a permanent, independent coali- active support for two amendments to be of- tion of nearly one hundred trade and profes- of letters from some of those who are fered to S. 343, the ‘‘Comprehensive Regu- sional associations that share a common supporting this amendment in the latory Reform Act of 1995.’’ The Nunn/Cover- commitment to the future of small business. small business community be printed dell amendment ensures that small busi- Our members represent the interests of small in the RECORD. nesses benefit from the broader protections businesses in such diverse economic sectors There being no objection, the letters of S. 343, and the Abraham/Dole amendment as manufacturing, retailing, distribution, guarantees a voice for small businesses in were ordered to be printed in the professional and technical services, con- the regulatory look-back process. To achieve RECORD, as follows: struction, transportation, and agriculture. meaningful reform for that segment of our ATIONAL EDERATION OF Our policies are developed through a con- N F society hit hardest by regulatory burdens— NDEPENDENT USINESS sensus among our membership. Individual I B , small businesses—these amendments are associations may express their own views. Washington, DC. critical. SUPPORT THE BIPARTISAN NUNN-COVERDELL The Nunn/Coverdell amendment recognizes For your information, a list of our members AMENDMENT TO S. 343 that there may be many instances where a is enclosed. S. 343, the Dole/Johnston substitute, cur- regulatory burden on small businesses could Sincerely, rently defines ‘‘major rules’’ as regulations be severe even though the $50 million thresh- JOHN S. SATAGAJ. that have more than a $50 million dollar im- old for a complete regulatory review has not pact. Those major rules are then subject to been triggered. By deeming any rule that MEMBERS OF THE SMALL BUSINESS LEGISLATIVE cost benefit analysis, risk assessment and trips an analysis under the Regulatory Flexi- COUNCIL periodic review. bility Act of 1980 a ‘‘major rule,’’ small enti- Air Conditioning Contractors of America. Unfortunately, some regulations that have ties will receive the protection they need and Alliance for Affordable Health Care. a significant impact on small businesses and deserve from the extreme rigors they often Alliance of Independent Store Owners and other small entities may not meet the $50 experience from even the best-intentioned Professionals. million threshold. A regulatory cost that regulations. American Animal Hospital Association. may be almost insignificant to a Fortune 500 To address the problems associated with American Association of Equine Practi- company could have a devastating effect on the mountain of existing regulations and tioners. a particular segment of the small business their impact on small entities, the Abraham/ American Association of Nurserymen. community. Or, the agency’s estimate that Dole amendment will boost the power of American Bus Association. the impact is less than $50 million may be small businesses to benefit more effectively American Consulting Engineers Council. significantly undervalued. from the sunset provisions of Section 623 of American Council of Independent Labora- A good example of an expensive regulation S. 343. Small companies often need all of tories. that falls under the threshold is OSHA’s so- their people-power and resources simply to American Gear Manufacturers Association. called ‘‘fall protection’’ rule requiring roof- keep afloat. They do not always have the American Machine Tool Distributors Asso- ers to wear harnesses with lifelines that are ability to petition federal agencies for re- ciation. tied to the roof any time they are at least view of particularly onerous existing regula- American Road & Transportation Builders six feet above the ground. Not only will the tions. By vesting within the Small Business Association. total cost to small roofing companies be Administration responsibility for ensuring American Society of Interior Designers. much more than $50 million, many believe that regulations that are particularly prob- American Society of Travel Agents, Inc. the rule may create a greater danger for lematic for small businesses are not excluded American Subcontractors Association.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9622 CONGRESSIONAL RECORD — SENATE July 10, 1995 American Textile Machinery Association. National Tour Association. subject to cost-benefit analysis and periodic American Trucking Associations, Inc. National Wood Flooring Association. review. American Warehouse Association. NATSO, Inc. NATaT represents approximately 13,000 of AMT-The Association of Manufacturing Opticians Association of America. the nation’s 39,000 general purpose units of Technology. Organization for the Protection and Ad- local governments. Most of our member local Architectural Precast Association. vancement of Small Telephone Companies. governments are small and rural and have Associated Builders & Contractors. Petroleum Marketers Association of Amer- Associated Equipment Distributors. ica. fewer than 10,000 residents. Many of these Associated Landscape Contractors of Power Transmission Representatives Asso- small communities have very limited re- America. ciation. sources available to provide those services Association of Small Business Develop- Printing Industries of America, Inc. required of them such as fire and police pro- ment Centers. Professional Lawn Care Association of tection, road maintenance, relief for the poor Automotive Service Association. America. and economic development. Consequently, Automotive Recyclers Association. Promotional Products Association Inter- many regulations that have less than a $50 Automotive Warehouse Distributors Asso- national. million threshold have a very significant im- ciation. Retail Bakers of America. pact on small towns and townships. Bowling Proprietors Association of Amer- Small Business Council of America, Inc. A good example is the commercial drivers ica. Small Business Exporters Association. license (CDL) requirement for public sector SMC/Pennsylvania Small Business. Building Service Contractors Association employees required by the Motor Vehicle Society of American Florists. International. Safety Act of 1986. While that law may not Turfgrass Producers International. Christian Booksellers Association. have seemed to have a significant impact, it Cincinnati Sign Supplies/Lamb and Co. had a significant impact on small townships NATIONAL ROOFING Council of Fleet Specialists. that had to pay for the training and testing Council of Growing Companies. CONTRACTORS ASSOCIATION, Washington, DC, July 7, 1995. of drivers to obtain a CDL, especially those Direct Selling Association. townships which use part-time drivers for Hon. SAM NUNN, Electronics Representatives Association. snow removal or for emergency response to Florists’ Transworld Delivery Association. U.S. Senate, Washington, DC. DEAR SENATOR NUNN: The National Roofing floods or tornados. Recently, drug and alco- Health Industry Representatives Associa- hol testing requirements were mandated for tion. Contractors Association (NRCA) supports the amendment that you will offer with Sen- those who hold CDL’s, adding to the cumu- Helicopter Association International. lative impact. Independent Bankers Association of Amer- ator Coverdell to remove the $50 million ica. ‘‘major rules’’ floor for small business in the Your amendment will also allow prompt Independent Medical Distributors Associa- Comprehensive Regulatory Reform Act of judicial review of an agency’s non-compli- tion. 1995 (S. 343), in order to apply cost-benefit ance with the RFA if an agency states incor- International Association of Refrigerated and periodic review to all regulations im- rectly that a regulation will not have a sig- Warehouses. pacting small business. nificant impact on small entities. This has International Communications Industries Federal agencies are poor at accurately es- been a continual problem Agencies have Association. timating the cost of their regulations. OSHA often claimed no significant economic im- International Formalwear Association. estimated $40 million annually for its new pact on small entities in their regulatory International Television Association. Fall Protection Standard (Subpart M) and flexibility analysis while giving no justifica- Machinery Dealers National Association. said that it would not have a significant im- tion for their reasoning, though we have be- Manufacturers Agents National Associa- pact on small business. NRCA estimates its lieved quite the opposite. tion. impact to be at least $250 million annually, Manufacturers Representatives of Amer- and it has already wreaked havoc on the in- Mr. NUNN. Mr. President, such a dis- ica, Inc. dustry. play of strong support for the Regu- Mechanical Contractors Association of Another example is OSHA’s 1994 standard latory Flexibility Act has a very long America, Inc. for asbestos containing roofing material history within the small business com- (ACRM). OSHA estimated the annual costs National Association for the Self-Em- munity, going back to the late 1970’s. ployed. to the roofing industry to be approximately National Association of Catalog Showroom $1 million annually, while NRCA estimated The Regulatory Flexibility Act of 1980 Merchandisers. approximately $1.3 billion! OSHA’s cost fig- has been looked upon as the small busi- National Association of Home Builders. ures only took into consideration Built-up ness community’s first line of defense National Association of Investment Com- Roofing (BUR) removal, and it had failed to with regard to the burdens of Federal panies. cover the vast majority of roof removal and regulations. Recognizing that the effec- National Association of Plumbing-Heating- repair jobs. NRCA estimated that removals tive functioning of government cer- of asbestos-containing BUR constituted less Cooling Contractors. tainly requires regulations, the Regu- National Association of Private Enter- than 12 percent of all roof removal jobs. prise. Your amendment would end the tendency latory Flexibility Act was designed to National Association of Realtors. for agencies to underestimate costs by mak- compel agencies to analyze their pro- National Association of Retail Druggists. ing all regulations now subject to the Regu- posed regulations, with opportunities National Association of RV Parks and latory Flexibility Act of 1980 (Reg Flex), sub- for public participation, so that the Campgrounds. ject to S. 343’s cost-benefit analysis and peri- final regulation imposes the least bur- National Association of Small Business In- odic review requirements. And we appreciate den on small businesses. vestment Companies. your language giving judges the authority to National Association of the Remodeling In- immediately stay regulations if necessary. Mr. President, given my focus today dustry. NRCA is an association of roofing, roof on the needs of the small business com- National Chimney Sweep Guide. deck, and waterproofing contractors. Found- munity, my remarks may suggest to National Electrical Contractors Associa- ed in 1886, it is one of the oldest associations my colleagues that the Regulatory in the construction industry and has over tion. Flexibility Act offers protections only National Electrical Manufacturers Rep- 3,500 members represented in all 50 states. resentatives Association. NRCA contractors are small, privately held to small business. In fact, the act’s pro- National Food Brokers Association. companies, and our average member employs tections are available to a fairly broad National Independent Flag Dealers Asso- 35 people with annual sales of $3 million. range of small entities in addition to ciation. Sincerely, small businesses, including small units National Knitwear & Sportswear Associa- CRAIG S. BRIGHTUP, of local government, educational insti- tion. Director of Government Relations. tutions, and other not-for-profit orga- National Lumber & Building Material nizations. My friend from Ohio, Mr. Dealers Association. NATIONAL ASSOCIATION OF GLENN, was especially vigilant regard- National Moving and Storage Association. TOWNS AND TOWNSHIPS, National Ornamental & Miscellaneous Washington, DC, July 7, 1995. ing the application of the Regulatory Metals Association. Hon. SAM NUNN, Flexibility Act to small units of local National Paperbox Association. U.S. Senate, Washington, DC. government during his tenure as chair- National Shoe Retailers Association. DEAR SENATOR NUNN: The National Asso- man of the Committee on Govern- National Society of Public Accountants. ciation of Towns and Townships (NATaT) mental Affairs. National Tire Dealers & Retreaders Asso- strongly supports the Nunn-Coverdell ciation. amendment to S. 343 that would require all Enactment of the legislation that be- National Tooling and Machining Associa- regulations currently subject to the Regu- came the Regulatory Flexibility Act tion. latory Flexibility Act of 1980 (RFA) to be was a key recommendation of the 1980

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9623 White House Conference on Small Busi- this provision and the enhanced judi- rive at the same place, and that is the ness. Last month, small business per- cial enforcement of the act already maximum protection for small busi- sons from across the Nation came to- contained in the bill will make the ness but a workable system for the gether for the 1995 White House Con- agencies take more seriously their re- agencies so that the agencies will not ference on Small Business. sponsibilities under the Regulatory be overloaded. It comes as no surprise that issues Flexibility Act. We had proposed to the Senator from relating to regulatory relief were key I know that during the debate on this Georgia an alternative, which is, in ef- topics of discussion among the dele- provision concern will be expressed fect, to have the same kind of fix that gates at the 1995 conference. They that the amendment will substantially Senator ABRAHAM had in his amend- made clear their strong concerns re- overburden the regulatory staff within ment, which is to give OIRA, in effect, garding the current Federal regulatory the various departments and agencies. a veto over these procedures. process, from the way agencies design They may cite figures drawn from the Mr. President, I ask unanimous con- new regulations to how the agencies semiannual regulatory agenda which sent that the amendment that the Sen- implement the regulations under their suggest that 500 or even 1,000 addi- ators from Georgia and I have dis- charge. tional rules may be subject to cost-ben- cussed be printed in the RECORD at this Many of the key features of S.343, efit analysis under the Nunn-Coverdell point. and other legislative proposals to pro- amendment. I believe these figures are There being no objection, the amend- vide greater discipline to the regu- inflated and inaccurate for the reasons ment was ordered to be printed in the latory process, were endorsed in the that will, no doubt, be subsequently RECORD, as follows: recommendations voted upon by the discussed. On page 14, line 10, strike out ‘‘or’’. White House Conference delegates. In In contrast, I am confident that the On page 14, line 16, add ‘‘or’’ after the semi- colon. particular, the White House Con- actual number is substantially smaller, On page 14, insert between lines 16 and 17 ference’s recommendations on regu- certainly less than 200. By the time the following new subparagraph: latory reform called for assessing more you count those proposed regulations ‘‘(C) any rule or set of closely related rules, proposed regulations against rigorous within a $50 million or $100 million not determined or designated to be a major cost-benefit standards. Similarly, the threshold, a number will be double rule pursuant to subparagraph (A) or (B), broader use of risk assessment, based counted: The number of proposed regu- that is designated as a major rule pursuant on sound scientific principles and com- lations covered is probably somewhere to section 622(b)(2) (and a designation or fail- ure to designate under this subparagraph pared to real world risks, were included around 150. Even that number may be shall not be subject to judicial review).’’ within a number of recommendations inflated by proposed rules that are ex- On page 20, insert between lines 12 and 13 voted the top 60 recommendations from empt under S. 343’s definition of rule. the following new paragraph: the 1995 conference. Other conference My estimate, Mr. President—and I ‘‘(2) If the agency has determined that the recommendations called for the peri- recognize that it is an estimate that is rule is not a major rule within the meaning odic review of existing regulations to based upon 14 years of experience under of section 621(5)(A) and has not designated establish their continuing need and to the Regulatory Flexibility Act by the the rule as a major rule within the meaning of section 621(5)(B), the Chief Counsel for Ad- determine if they could be modified, career staff of the Office of the Chief vocacy at the Small Business Administra- based upon experience, to make them Counsel for Advocacy at the Small tion may publish in the Federal Register a less burdensome. Business Administration, the office determination, and accompanying factual Finally, Mr. President, the delegates charged with monitoring agency com- findings supporting such determination, to the 1995 White House Conference on pliance with the Regulatory Flexibility drawn from the initial regulatory flexibility Small Business adopted recommenda- Act. It takes into consideration regula- analysis, that the proposed rule should be tions to strengthen the Regulatory tions for which regulatory flexibility designated as a major rule because of its sub- Flexibility Act in many of the ways analyses were done. It also takes into stantial economic impact on a significant being done by the provisions of S. 343, number of small entities. Such determina- consideration those situations in which tion shall be published not later than 15 days and by the Nunn-Coverdell amendment. the Office of Advocacy believed the Act after the publication of the notice of pro- Action today to strengthen the Regu- applied and the agency certified to the posed rulemaking. The Director or designee latory Flexibility Act may well be the contrary. of the President shall designate such rule as most prompt congressional response to While I agree that we cannot give the a major rule under paragraph (1) unless the a recommendation from any White agencies an impossible set of tasks in Director or designee of the President pub- House Conference on Small Business. reviewing proposed and existing regula- lishes in the Federal Register, prior to the Mr. President, in addition to estab- tions, we must not loose sight of the deadline in paragraph (1), a finding regarding lishing a statutory link between the the recommendation of the Chief Counsel for regulated public. I believe that they Advocacy that contains a succinct statement Regulatory Flexibility Act and the re- have a right to demand that proposed of the basis for not making such a designa- quirements for cost-benefit analysis regulations be thoroughly analyzed, tion.’’ under S. 343, my amendment takes and that they meet rigorous standards On page 20, line 13, strike out ‘‘(2)’’ and in- other steps to enhance the effective- of cost-benefit analysis, risk assess- sert in lieu thereof ‘‘(3)’’. ness of the regulatory flexibility proc- ment when appropriate, and regulatory On page 39, line 22, strike out ‘‘and’’. ess. First, an agency certification that On page 39, line 24, strike out the period flexibility for small entities, Similarly, and insert in lieu thereof a semicolon and a proposed regulation would not have a the regulated public has a right to ex- ‘‘and’’. significant impact on a substantial pect that existing regulations be re- On page 39, add after line 24 the following number of small businesses would have viewed for their continuing utility, and new subparagraph: to be backed up by facts. This is not when possible, modified to reduce their ‘‘(C) an agency certification that a rule the case today. Small business advo- burden. will not have a significant economic impact cates complain about their being de- Mr. President, I urge my colleagues on a substantial number of small entities pursuant to section 605(b)’’. prived of the act’s protections by such to support the amendment. On page 69, line 5, insert after ‘‘entity’’, ‘‘, unwarranted certifications of non- Mr. JOHNSTON. Will the Senator upon publication of the final rule,’’. applicability. yield for a question? On page 69, line 7, strike ‘‘A court’’ and in- Along the same lines, the Nunn- Mr. NUNN. Yes. sert in lieu thereof ‘‘Notwithstanding section Coverdell amendment makes possible a Mr. JOHNSTON. Mr. President, I will 625(e)(3), a court’’. judicial challenge of such unwarranted not subject the Senator to a long series Mr. JOHNSTON. Mr. President, I will certifications early in the regulatory of questions because I sympathize with not propose that amendment today, process. Abuse is prevented by requir- the condition of his voice. but I simply ask the Senator, in fact ing that the judicial challenge be Mr. President, we have had conversa- both Senators from Georgia, if they brought within 60 days of the certifi- tions, both Senators from Georgia and will continue to work with us with a cation and in the Court of Appeals for myself and my staff, Senator ROTH, and view to dealing with this problem of the District of Columbia Circuit. Sup- others, concerning the problem of agency overload, hoping to find some porters of our amendment within the agency overload. It seems to me that alternative—if not the one that I have small business community believe that all sides in this endeavor want to ar- sent to the desk for printing, then some other alternative, so that we may deal with that question of overload.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9624 CONGRESSIONAL RECORD — SENATE July 10, 1995 Mr. NUNN. Mr. President, I say to and she was literally scared to death. ernment begin to become more flexible my friend from Louisiana that the an- She was afraid that she was going to to analyze the proportionate impact of swer is yes. I will certainly continue to make a mistake that would somehow regulations on small business. The discuss any modification of this do harm to our family and our com- problem was that it did not require a amendment that makes sense from the pany. Even at that time it was threat- cost analysis and there was no judicial small business perspective, and also ening. And since that time—probably review. So it had been ignored far too from the point of view of regulatory some 15 years ago—it has been regula- much. overload. This is a difficult area. None tion after regulation after regulation So while the Congress came forward of us knows precisely what the num- by the hundreds, by the thousands. and said we are going to do this, we are bers of regulations that are going to be People that had four employees or less going to really try to improve the situ- affected here. So we are dealing with had an enormous problem trying to re- ation for small business, it was a hol- an unknown. But I do think that when spond to what all these regulations ask low promise. It has not achieved what we are in doubt, we ought to tilt to- of small business. it set out to do. ward not having a regulatory burden Here is an even more startling figure. So the Nunn-Coverdell amendment overwhelming the small business com- Of the 5 million companies, 94 percent takes the Regulatory Flexibility Act— munity. That would be my perspective. have 50 employees or less. That means which we have already passed; we have But I will be glad to continue to try to only 6 percent of the companies in the already acknowledged the purpose— work with him in this regard because I United States fall into this category and it said it will have to have mean- know he has the same goal. We will where they have the kinds of re- ing. It already requires extensive re- continue to discuss it even as we de- sources—even as expensive as they view and analysis. So we are simply bate it here on the floor. are—to defend themselves. saying that it will have to add a cost Mr. JOHNSTON. Mr. President, I Half the small businesses are started analysis and that there is a regulatory thank the Senator from Georgia for his with less than $20,000. More than half review so that it is enforceable, so that answer. the 800,000 to 900,000 businesses that are what the Congress meant to do in 1980 Mr. NUNN. Mr. President, I yield the formed each year will go out of busi- will in fact happen in 1995, 15 years floor. ness within 5 years. One of the reasons later. That says something else about Mr. GLENN addressed the Chair. is they cannot keep up with what their our Government. The PRESIDING OFFICER. The Sen- Federal Government is demanding of The Senator from Louisiana has ator from Ohio. them. raised a legitimate problem. We are Mr. GLENN. Mr. President, I with- From 1988 to 1990 small businesses concerned about the administrative hold. with fewer than 20 employees ac- functions of Government. But if I have Mr. COVERDELL addressed the counted for 4.1 million net jobs. Large to choose between where the balance of Chair. firms—that is the 6 percent—lost half a the burden should rest, should it rest The PRESIDING OFFICER. The Sen- million jobs. on the U.S. Government, the EPA, ator from Georgia. The point I am making here is that OSHA, the Labor Department, and Mr. COVERDELL. Mr. President, these small businesses need a lot of their millions and their thousands of first I want to thank my colleague nurturing and help and assistance from employees, or should it rest on the lit- from Georgia, Senator NUNN, for his a friendly partner and not a lot of bur- tle company in Georgia that has three dedication to this effort on behalf of den and bludgeoning from a bully part- employees? And if I have to pick be- small business. And we are all particu- ner. As we have restructured corporate tween those two, I am going with the larly sympathetic to the malady with America, it is the small business that little company in Georgia. Given the which he returned from the recess. We has given us the most to be optimistic scope of the resources both have, the wish him well soon. about. They are creative, they take problem is a lot more fixable from a I also want to answer the question of risk, and they are hiring people. They burden standpoint on the part of the the Senator from Louisiana. As we con- are virtually the only sector right now Government than it is on that little tinue through the process with Senator that is hiring people. firm and thousands of, millions of, oth- DOLE and his bill, we would obviously The point I am making is that we ers like it across the country. keep on the table discussions to try to need to underscore how much attention This is a good amendment. This will facilitate his concern. We did not have we as a Congress need to give to facili- help small business. If we help small enough time to talk a little earlier. tating small business. We have a lot of business, Mr. President, they are going But while we remain concerned about financial problems in our country that to help America because they are going agency overload, I think the Senator we have to resolve in the very near to hire people looking for a job by the from Louisiana would join with myself term. That is what all the balanced millions. And they are going to expand and the Senator from Georgia and oth- budget fights are about. But one of the our economy. ers in sympathy for the overload that four key components to fixing our fi- Mr. President, I yield the floor. small business America has been suf- nancial discipline today is to expand Mr. DOLE addressed the Chair. fering for too long, way too long. the economy. We have such a large The PRESIDING OFFICER. The ma- Just to cite some of the figures, economy that a modest expansion gives jority leader. sometimes I think we forget what we us enormous relief, and the one place Mr. DOLE. I wonder if I might have a are talking about when we talk about that we have the best chance of ex- few minutes on another topic. Is the small business. There are over 5 mil- panding our economy is small business. time divided? lion employers in the United States. It literally makes no sense for us to The PRESIDING OFFICER. Time is Sixty percent of them are small busi- not only be not attentive to relieving not divided. nesses that have four—four—employees them from regulatory burden and Mr. DOLE. If I may be permitted to or less. threat and cost, but we should be very speak out of order on two other mat- If you run a family business, or any focused on the reverse; that is, creating ters. endeavor, you understand what a lim- every incentive that we can think pos- The PRESIDING OFFICER. Without ited resource that is standing against sible to aid and abet small business. objection, it is so ordered. the aura of the Federal Government. I Mr. President, the Congress has rec- f remember years ago walking into our ognized this for a long time. And in family business. My mother had come 1980, as Senator NUNN has acknowl- FAILED APPROACH IN BOSNIA down to help us. We had four—myself, edged, the Regulatory Flexibility Act Mr. DOLE. Mr. President, as the Ser- my father, my mother and one other at was enacted. The idea was we were al- bian advance on Srebrenica continues, that time. I looked across the table. ready worried about what was hap- the administration, the U.N. bureauc- She was just staring across the room. pening to small business. We were al- racy, and some of our allies are busy This is many regulations ago. I asked ready treating small business like it defending their failed approach in Bos- her what the problem was. She had was General Motors. So the Congress nia. They argue that the Bosnians are some government form in front of her, passed legislation that made the Gov- better off if the U.N. forces stay in

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9625 Bosnia, that lifting sanctions on Serbia Mr. President, these are only a few the wrong side of that line, protecting the is the key to peace, that the Serb air examples of the reality in Bosnia. It is Serbs (and the status quo) from retaliation defenses do not pose a threat to NATO this reality that should drive U.S. pol- for having downed O’Grady and for killing, air crews—the news from Bosnia not- icy. It is this reality that has moved wounding, imprisoning and harassing Brit- ish, French, Spanish, Danish and other sol- withstanding. the Bosnian Government to reassess diers operating in Bosnia under the U.N. In his response to a letter from the U.N. presence in Bosnia. It is this peacekeeping flag. Speaker GINGRICH and me, the Presi- reality that should prompt us to do the This can only undermine U.S. and Euro- dent stated that he believed that the same. pean support for keeping those troops there United States must support the U.N. The fact is that despite the presence and continuing an arms embargo against protection forces’ continued presence of over 25,000 U.N. peacekeepers and de- Bosnia. It is now embarrassingly evident in Bosnia. He said that UNPROFOR spite the impending arrival of the rapid that in Bosnia and elsewhere U.N. ‘‘humani- had played and was playing a ‘‘critical reaction force, the Bosnians are still tarian’’ operations are guided by bureau- cratic dedication to career and organization. role’’ in diminishing the conflict and being slaughtered, safe areas are under There is no room for justice, or for outrage was assisting the U.N. high commission siege, and the United Nations con- over the Serbs’ long record of atrocity and on refugees in providing aid to the Bos- tinues to accommodate Serb demands betrayal, in the mandate of Yasushi Akashi. nian population. and veto even limited military action These are the two straws that break the In order to believe that the United designed to protect United States air United Nations’ back in Bosnia: States and European approach in Bos- crews. The fact is that the United Na- (1) Akashi, the Japanese diplomat who is Secretary General Boutros Boutros-Ghali’s nia is working, one simply has to play tions has become one of the means of a game I call ‘‘let’s pretend.’’ The rules representative in Bosnia, actively blocked securing Serb gains made through bru- French and British efforts to form outside are simple. It goes like this: tal aggression and genocide. the U.N. command a rapid reaction force to Pretend that the U.N. forces are de- As Jim Hoagland aptly pointed out strike back at the Serbs after hundreds of livering humanitarian aid to those in yesterday in the Washington Post, and peacekeepers were taken hostage by the need; I quote, Serbs and then released in June. Pretend that the U.N. forces control The war has now reached a point where the The rapid reaction force will be under Sarajevo airport; U.N.’s value free equation of Serbs who are Akashi’s control and will observe the same Pretend that the U.N. forces are pro- willing to kill with Bosnians who are willing peacekeeping rules imposed on the 22,500- tecting safe havens such as Sarajevo to die cannot be sustained and cannot be al- man international army already there, and Srebrenica and that no Bosnians lowed to spread deeper into the Clinton ad- Akashi promised the Serbs in a secret letter disclosed to reporters by the Bosnian govern- are dying from artillery assaults and ministration which too docilely accepted Akashi’s veto on retaliation. Americans will ment. shelling; The new troops, like the old troops, will no long support humanitarianism based on Pretend that there is a credible not be permitted to make distinctions be- self-serving bureaucratic cynicism and fear. threat of serious NATO air strikes; tween Serb aggressors, who have ‘‘ethnically Pretend that the no-fly zone is being Not my quote but a quote in the cleansed’’ Muslim territories and the forces enforced; Washington Post from Jim Hoagland, of the U.N.-recognized Bosnian government Pretend that Serbian President who, I must say, has had a shift in his trying to regain its lost lands. If Akashi has Milosevic is not supporting Bosnian thinking recently. his way, the United Nations will go on equat- Serb forces; The time for make-believe is over. ing Serbs who blockade food shipments with Pretend that Bosnian Serb air de- The United Nations mission in Bosnia Bosnians who starve because those ship- fenses are not deployed against NATO ments do not get through. is a failure. The Bosnians deserve and (2) Following O’Grady’s escape, Akashi, aircraft and are not integrated into are entitled to defend themselves. The with the backing of France and Russia, ve- Serbia’s air defense system. United Nations must begin to withdraw toed any new bombing raids on the Serbs. Pretend that the rapid reaction force and the arms embargo must be lifted. The U.S. Air Force was denied the chastising will react forcefully and rapidly under Therefore, I intend to take up a modi- effect of retaliation and the preemptive pro- the same U.N. rules of engagement fied version of the Dole-Lieberman tection of taking out Serb anti-aircraft mis- which have made UNPROFOR impo- arms embargo bill following disposi- sile batteries that are linked to computer tent; networks controlled from Belgrade. tion of the regulatory reform bill. The chilling hostage-taking changes noth- Pretend that U.N. forces can stay in Mr. President, I think every day it is Bosnia forever and that we will never ing, except to make the United Nations com- worse and worse, if it can become mand even more timid. The murder attempt have to contemplate U.N. withdrawal. worse, in Bosnia, particularly for the on O’Grady changes nothing except to end ef- Mr. President, if you can pretend all Bosnians. It seems to me it is high fective enforcement of the no-fly zone over of the above, you can easily accept the time to act. Bosnia. Score in this exchange: Serbs every- administration’s defense. On the other I ask unanimous consent that the en- thing, U.N. nothing. hand, if you react to reality and do not tire column in the Washington Post by That is galling, but it is now probably too engage in multilateral make-believe, late to fix. ‘‘You have to respond imme- Jim Hoagland be printed in the diately,’’ Sen. John McCain (R-Ariz.), a then you will not be persuaded by the RECORD. administration’s case. Without taking fighter pilot in Vietnam and prisoner of war There being no objection, the article for 51⁄2 years, told me. ‘‘I don’t think you can the time to review the last year or two was ordered to be printed in the retaliate a month or two later and expect to or three in Bosnia, let us just look at RECORD, as follows: have any effect.’’ the reports from the last week or so: [From the Washington Post, July 9, 1995] But McCain also made this telling point: In Srebrenica, a so-called U.N. des- ‘‘We made a mistake in not publicizing the BOSNIA: THE U.N.’S MORAL ROT ignated safe area, Serb forces overran fact that this shoot-down could not have U.N. observation posts and Serb tanks (By Jim Hoagland) happened without the Belgrade computers are within a mile of the town center— The Serb missilemen who shot down Capt. the missile batteries are hooked up to. In- Scott O’Grady’s F–16 over Bosnia committed in fact, we have just had a report that stead the administration is constantly send- attempted murder and got away with it. ing an envoy’’ to negotiate with Serb Presi- they are even closer than that; After a month, there has been no American dent Slobodan Miloseyic—suspected by some In Sarajevo, the hospital was shelled retaliation for an act of treachery that once in U.S. intelligence of having given the order and more children were slaughtered; would have brought the heavens down on its both for the downing of the F–16 and the Information surfaced that Bosnian perpetrators. grabbing of the U.N. soldiers. Serb air defenses are tied into Bel- Understand why the American government This is how moral rot spreads. The United grade’s air defense system; swallowed this humiliation (without even a Nations once served as useful political cover The no-fly zone was violated and serious denunciation of the Serb politicians for the major powers, who wanted to limit NATO did not respond; in Belgrade who oversaw the shoot-down), their own involvement in the wars of ex- U.N. envoy Akashi assured the Bos- and you understand why the international Yugoslavia. The administration was right to nian Serbs that the United Nations effort in Bosnia has failed so miserably—and try to minimize the dangers of rupture with- why it should now be terminated. in NATO over a unilateral U.S. lifting of the would continue business as usual in the A line has been crossed in Bosnia, a line arms embargo against Bosnia. wake of the downing of U.S. pilot that separates humanitarian impulse from But the war has now reached a point where O’Grady and the taking of U.N. hos- moral rot; a line that divides ineffectiveness the U.N.’s value-free equation of Serbs who tages. from dishonor. The United Nations is now on are willing to kill with Bosnians who are

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9626 CONGRESSIONAL RECORD — SENATE July 10, 1995 willing to die cannot be sustained and can- most fundamental question is whether nation that is at all suspected of with- not be allowed to spread deeper into the normalizing relations with Vietnam holding any information’’ on POW/MIA Clinton administration, which too docilely will further the goals we share. In my cases. Let me repeat: ‘‘suspected of accepted Akashi’s veto on retaliation. view, now is not the time to normalize withholding any information.’’ Let me Americans will not long support humani- tarianism based on self-serving bureaucratic relations with Vietnam. The historical repeat, ‘‘suspected of withholding any cynicism and fear. For better or worse, record shows that Vietnam cooperates information’’ on POW/MIA cases. I American participation in the arms embargo on POW/MIA issues only when pres- hope the standard proposed by Presi- will soon come to an end and NATO member sured by the United States; in the ab- dent-elect Clinton is the same standard troops will come out. The war is going to get sence of sustained pressure, there is lit- used by President Clinton. bloodier. And the bureaucrats of the United tle progress on POW/MIA concerns, or No doubt about it, the Vietnamese Nations, who now pursue policies that pro- on any other issue. Government wants normalization very foundly offend a common sense of justice and The facts are clear. Vietnam is still a badly. Normalization is the strongest decency, will not be blameless for this hap- pening. one party Marxist dictatorship. Pre- bargaining chip America has. As such, serving their rule is the No. 1 priority it should only be granted when we are f of Vietnam’s Communist Government. convinced Vietnam has done all it can RELATIONS WITH VIETNAM Many credible sources suggest Vietnam do. Vietnam has taken many steps— is not providing all the information it sites are being excavated, and some re- Mr. DOLE. Mr. President, news re- can on POW/MIA issues. In some cases, mains have been returned. But there ports indicate that President Clinton is increased access has only confirmed are also signs that Vietnam may be on the verge of making a decision how much more Vietnam could be willfully withholding information. Un- about normalizing relations with Viet- doing. This is not simply my view, it is less the President is absolutely con- nam. I understand an announcement a view shared by two Asia experts— vinced Vietnam has done all it can to may come as soon as tomorrow. Sec- Steve Solarz, former chairman of the resolve the POW/MIA issue—and is retary of State Warren Christopher has House Subcommittee on Asia and Pa- willing to say so publicly and un- recommended normalization. Many cific Affairs, and Richard Childress, equivocally—it would be a strategic, Vietnam veterans support normaliza- National Security Council Vietnam ex- diplomatic and moral mistake to grant tion—including a bipartisan group of pert from 1981 to 1989. Earlier this year, Vietnam the stamp of approval from veterans in the Senate, led by the sen- they wrote: the United States. ior Senator from Arizona, JOHN Vietnam could easily account for hundreds I ask unanimous consent that the ar- MCCAIN. Many oppose normalization as of Americans by a combination of unilateral ticle from which I quoted earlier be well. Just as the Vietnam war divided repatriation of remains, opening its archives, printed in the RECORD. Americans in the 1960’s and 1970’s, the and full cooperation on U.S. servicemen There being no objection, the article issue of how to finalize peace with missing in Laos. was ordered to be printed in the Vietnam divides Americans today. Again, not my quote but a quote by RECORD, as follows: At the outset, let me observe that the two gentlemen mentioned. They there are men and women of good will [From the San Diego Union-Tribune, Mar. 19, conclude that, 1995] on both sides of this issue. No one Whatever the reasons or combination of should question the motives of advo- PRISONER ISSUE CONTINUES TO TAINT reasons, Vietnam, in the current environ- RELATIONS cates or opponents of normalization. ment, has made a conscious decision to keep (By Richard T. Childress and Stephen J. We share similar goals: Obtaining the the POW/MIA issue alive by not resolving it. Solarz) fullest possible accounting for Amer- This is a view shared by the National ican prisoners of war and missing in ac- Although the U.S. trade embargo with League of POW/MIA families which has Vietnam has been lifted and consular-level tion; continuing the healing process in worked tirelessly to resolve the issue liaison offices have been opened, relations the aftermath of our most divisive war; for many years. It is also a view shared between the United States and Vietnam are fostering respect for human rights and by major veterans groups, including far from normal. The major remaining bilat- political liberty in Vietnam. the American Legion, the largest vet- eral obstacle, the POW/MIA issue, is still I can recall in, I think, 1969 attending erans group. The media have reported cited by the Clinton administration as the the first family gathering of POW’s and that the Veterans of Foreign Wars, the primary impediment to normalization. Multiple intelligence studies from the war MIA’s. Only about 100 people showed second largest group is supportive of up. I think I may have been the only through today conclude that Vietnam could normalization. Let me quote from easily account for hundreds of Americans by Senator there. And I promised that VFW’s official position adopted at its a combination of unilateral repatriation of group that within 3 months we would 1994 convention: remains, opening of its archives and full co- have a meeting at Constitution Hall, At some point in time but only after sig- operation on U.S. servicemen missing in which seats 2,000 people, and we would nificant results have been achieved through Laos, 80 percent in Lao areas controlled by fill it up. And we did. And I remember Vietnam/U.S. cooperative efforts, we should the Vietnamese during the war. wearing the John McCain bracelet for a . . . move towards normalizing diplomatic While joint Vietnamese-American efforts couple of years back in those days relations. to excavate aircraft crash sites and other- wise ‘‘clean up the battlefield’’ will continue when JOHN MCCAIN was still a POW. A more recent VFW statement makes to provide some accountability, it will not be So I have had a long and I think con- clear that normalization is not opposed enough. What is needed is a decision by Viet- sistent interest in the fate of POW’s by the VFW if it leads to a fuller ac- nam’s ruling politburo to resolve the core and MIA’s starting way back when no- counting of POW/MIA cases. POW/MIA cases, including those Americans body knew the difference, when brace- If President Clinton intends to nor- last known alive in the custody or imme- lets were not ordinary, nobody knew malize diplomatic relations with Viet- diate vicinity of Vietnamese forces. That de- what a POW/MIA was for certain. And nam, he should do so only after he can cision has not been made. so it is something that I have had an clearly state that Vietnam has done Reasons offered for this have included a di- interest in for a long, long time. everything it reasonably can to provide vided politburo, a desire to exploit the POW/ MIA issue for future financial or political ad- The debate over normalization is the fullest possible accounting. That is vantage, a continuing residue of hostility or about our differences with the Govern- the central issue. The United States hatred toward Americans in Hanoi’s min- ment of Vietnam, not with the Viet- has diplomatic relations with many istries of interior and defense, and a fear of namese people. The people of Vietnam countries which violate human rights, embarrassment. Some also speculate that have suffered decades of war and brutal and repress their own people. But the Vietnam’s leadership fears the United States dictatorship. We hope for a better fu- United States should not establish re- will ‘‘walk away’’ once the issue is resolved. ture for the people of Vietnam—a fu- lations with a country which withholds Whatever the reason or combination of ture of democracy and freedom, not re- information about the fate of American reasons, Vietnam, in the current environ- ment, has made a conscious decision to keep pression and despair. servicemen. As President-elect Clinton the POW/MIA issue alive by not resolving it. The debate over normalization is not said on Veterans Day, 1992, ‘‘I have This fundamental aspect of Vietnamese a debate over the ends of American pol- sent a clear message that there will be emphasis on the POW/MIA issue has been icy; it is a debate over the means. The no normalization of relations with any central from the Paris negotiations in 1968–

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9627 73 and through every administration since ington-Hanoi dialogue on human rights in China’s burgeoning economic and political that time. Knowing it to be the most sen- Vietnam. clout. Although elements of Vietnam’s cur- sitive issue to Americans of all the other bi- In the interim, it is in both countries’ in- rent agenda are variously shared by ASEAN, lateral humanitarian concerns, Hanoi has terests that Vietnam proceed with internal American military power and political com- consistently used it as the lodestar for lever- economic reforms. This would assist Viet- mitments are not designed to ameliorate ar- age over American policy. Similarly, the nam in further integrating into Asia gen- guments between China and Vietnam. The compelling nature of the issue to Americans erally and the Association of Southeast United States facilitated the end of the has caused it to be central in our dealings Asian Nations (ASEAN) specifically. This proxy war between China and Vietnam in with Vietnam over the years. long-term objective was shared in some re- Cambodia not by taking sides but by oppos- This centrality to American policy-makers spects throughout each American adminis- ing both unworthy claimants in an inter- has, however, engendered different ap- tration since the end of the Vietnam con- national and regional context. proaches. These have varied from concerted flict. The reality of the economic and strategic efforts to define the issue away and defuse it, Such integration would also provide great- conditions now and in the foreseeable future to confronting the issue directly in order to er exposure of the Vietnamese leadership to does not make Vietnam central to American resolve it. Even policy-makers who viewed international economic and political norms, policy. The Vietnamese desire for real nor- the POW/MIA issue as a hindrance to healing perhaps reduce some Vietnamese paranoia malization with the United States is recog- or normalization demonstrated its centrality and help convince the Vietnamese that the nized, but the gap is wide and will remain so by expending much political capital in a POW/MIA issue is a ‘‘wasting asset’’ for them despite the wishful, almost romantic think- failed attempt to prove the contrary. that needs to be resolved. Integration would ing of some. Confronting the issue directly in negotia- also mesh with Vietnam’s desire for greater Vietnam and the United States do have a tions has been the only demonstrable path to international acceptance. Finally, it would unique relationship forged through shared progress. It is, ironically, the path desired by serve to lessen Vietnam’s perceived isolation recent history. Both sides can regret missed the Vietnamese for reasons already outlined. as a potentially threatened neighbor of an opportunities. And while the history of bilat- When Reagan administration officials re- increasingly assertive China. eral negotiations is tortured, the signifi- opened the POW/MIA dialogue with Vietnam However, American policy-makers also cance of historic antagonisms can only be in 1981, the politburo was delighted. Refer- need to view this from an internal Viet- muted by a credible effort to resolve the ring to the 1978–81 freeze in U.S.-Vietnam namese perspective that would expect such POW/MIA issue, the only path to real healing talks, Hanoi’s negotiators remarked that integration and acceptance to relieve pres- and normalization. they ‘‘didn’t know we still cared.’’ That was sure for political reforms and improved In sum, fully normalized relations between also a challenge. human rights. Vietnam has boldly endorsed the United States and Vietnam are not on While the Clinton administration has re- universal declarations on human rights and the immediate horizon. Vietnam will re- jected linking human rights directly to ques- attempted to join the cultural argument be- main, in an economic and strategic sense, of tions to normalization, that, too, is a poten- tween Asia and the West, as if its political little importance to the United States. Rela- tial obstacle. Strong feelings for linkage system were even comparable to those ad- tions could conceivably move forward in the exist in some human-rights organizations, vancing the argument in Asia. absence of a real economic or strategic ra- the American-Vietnamese community, the For the foreseeable future, Vietnam will tionale with significant progress on POW/ labor movement and in Congress. Linkage have three major objectives: continued polit- MIA accounting through unilateral Viet- may not be desired as a matter of executive ical control under the Communist Party, namese action. The longer Vietnam delays in branch policy, but initiatives are possible in economic development that does not threat- this regard, the more likely normalization the new Congress along with other domestic en such control, and a sense of security in its could be linked to human rights concerns, as pressures. relationship with China. well. If this occurs, it would be supported by In the mid-1980s, legislation was proposed While political change is inevitable over those who, heretofore, believed Vietnam to use Vietnam’s blocked assets to pay pri- time, it will be due to internal factors, and would be able to forge a politburo consensus vate claims, and significant lobby pressure American leverage will be at the margins. and finally end the uncertainty of America’s was put on the Reagan administration and Economic reforms have spawned divisions in POW/MIA families. Congress to liquidate the assets. This initia- Vietnam’s communist party and govern- Normalized relations are quite logical in tive was opposed by the administration and ment, as well as regional tensions between an ideal world. Full normalization with Viet- rejected by the Congress. The objection then the North and the South. Recriminations are nam is desirable, but as a practical matter is was that it would interrupt humanitarian already evident between reformers and hard- not possible or prudent as long as it can be cooperation, that official claims of the liners, and a significant American role in the credibly maintained that Vietnam can do United States government would become Vietnamese economic future will be limited. more to account for missing Americans. After listening to wishful speculation secondary, and that such transactions should If the Clinton administration proceeds about a ‘‘new tiger’’ in Asia, spawned by be negotiated in the context of normaliza- with the elements of normalization as an ob- young consultants, service industries and tion discussions. Sufficient funds existed to jective, rather than an instrument to resolve lobby organizations with a vested interest in cover the private claims, and the United bilateral issues, domestic and congressional lifting the embargo, American businesses are States, as the custodian of the funds, was po- opposition is likely to increase. That, in again looking at political and economic re- sitioned to settle them from a position of turn, would further reduce executive branch alities they tended to ignore for the past strength and leverage. flexibility, and create a renewed round of re- Vietnam’s near-term and long-term eco- four years. criminations as well as a new gauntlet for nomic goals are central to its leadership. Press accounts of Vietnam’s economic po- future negotiators. High on the leadership’s bilateral list is tential before and after the lifting of the most-favored-nation (MFN) status and eligi- trade embargo are strikingly different. Mr. KENNEDY. Mr. President, I bility for the so-called generalized system of Overblown stories of ‘‘the last frontier,’’ came over to address another issue. I preferences (GSP), an additional trade con- ‘‘the emerging tiger in Asia,’’ and the loss of listened to the majority leader’s state- cession. business to foreigners were common themes ment with regard to actions that may But Vietnam’s primitive economy and ru- before. Now, the media is beginning to report be taken by the President in the fore- dimentary trade mechanisms hamper its ac- about corruption, unenforceability of legal cession to the General Agreement on Tariffs codes, currency problems, bureaucratic hur- seeable future. and Trade and, accordingly, limit American dles, arbitrary decision-making by govern- I want to commend what I thought flexibility on commercial issues. In addition, ment officials, the paucity of infrastructure was an excellent presentation by my various legal and regulatory obstacles stand and the reality that Vietnam, with few ex- friend and colleague, Senator KERRY, in the way. Some of the relevant provisions ceptions, is almost a decade away from real as well as Senator MCCAIN, on this can be waived through executive action; profitability on an American business scale. issue on Sunday, as well as Senator under certain conditions legislation may be Profits for American companies operating SMITH from New Hampshire who was required. in Vietnam are not likely for several more talking about this issue, I thought, in a In any event, since it is Vietnam, the Clin- years. A lot of money is being spent and very ton administration should be reluctant to little is being made. very constructive, positive, bipartisan take any significant steps without close con- Most experienced observers of Asia’s geo- way. sultation with Congress. politics recognize, as well, that Vietnam is I think for those who are looking to Despite a significant loss of American le- not of real strategic relevance to the United try to deal with an issue of this com- verage after the trade embargo was lifted, States in the 1990s. Nonetheless, armchair plexity, of this importance, Members one could argue that the United States is strategists, military planners, and some in would be wise to take a few minutes again positioned for progress. This plateau Congress continue to argue otherwise, and and review their presentations. I allows the Clinton administration some worry aloud accordingly. breathing room to hold firm; to insist on Still, Vietnam is certainly looking for thought there were particularly con- meaningful, unilateral action by Vietnam to strategic solace. Its historic fear of China is vincing arguments to be made in favor meet the four POW/MIA criteria set forth by underscored today by Chinese claims on is- of moving the process forward at this President Clinton and to advance a Wash- land groups in the South China Sea, plus time, and I thought the statements

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9628 CONGRESSIONAL RECORD — SENATE July 10, 1995 that were made by, as I mentioned, my facing now just to do the analysis re- evaluate the impact of proposed regu- colleagues Senator KERRY and Senator quired if we just pass the Glenn-Chafee lations on small businesses and other MCCAIN that support that change were bill with its $100 million threshold. S. small entities such as local govern- very compelling. I thought the observa- 343, which is before us now, would ments. The act was also intended to en- tions of Senator SMITH, which took a lower the threshold to an unreasonable sure that agencies consider less bur- different view but, nonetheless, were $50 million. This amendment that we densome and more flexible alternatives related to the subject matter, were are considering now by the Senators for these small entities. constructive as well. from Georgia would have the potential I have supported the reg flex act from The country will be addressing this of adding somewhere between 500 to the its inception when passed here a num- issue in the next several days or weeks. current rate, or up to as many as 800 ber of years ago. But the legislation be- I think our Members would be wise to more rules to that list. That just over- fore us and the amendment we are con- review their comments because they loads the circuits. sidering now would fundamentally are individuals who have spent a great To make the point even further, one change the Regulatory Flexibility Act deal of time on this issue and, obvi- estimate before our committee by one by making its considerations the con- ously, have given it a great deal of of the people testifying earlier this trolling factor, the controlling thought. The fact that they come from year was that each full-blown rule in- decisional criteria, for the very pro- different vantage points in terms of vestigation costs somewhere around mulgation of a rule. I do not think that many other different issues, both in do- $700,000. If you take the 500 to 800 po- is the way we ought to be going. We mestic and foreign policy, and still are tential on this, that means we would be as persuasive on this matter, I think should ensure that the Federal Govern- spending on investigations somewhere ment is more sensitive to the needs of really reflects some very, very con- between $350 million for the 500 inves- structive and positive thinking. small business. I certainly agree with tigations, up to a potential of $560 mil- that. That is why the Glenn-Chafee f lion for the 800 investigations. bill, S. 1001, provides for judicial review COMPREHENSIVE REGULATORY Let us say that is a pessimistic view of final reg flex decisions, and the REFORM ACT of how much it costs, that $700,000. whole process can be challenged at that Even if you cut it in half, it means it one time. It does not permit judicial The Senate continued with the con- is somewhere around $175 million up to, sideration of the bill. challenge at each step along the way, say, $270 or $280 million to do this in- which means multiple judicial review, AMENDMENT NO. 1491 creased number of investigations. So I Mr. GLENN. Mr. President, the pend- and additional ways of stalling what say that agencies are going to be very may be very good legislation. ing legislation before us is an amend- hard pressed with these budget cuts to ment by the Senator from Georgia, is make it. Now, both bills also do provide— that correct? The second major problem with the whether it is S. 343 or S. 1001, they both The PRESIDING OFFICER. The Sen- amendment is the way it expands reg provide for congressional veto. In other ator is correct. flex judicial review. The Glenn-Chafee words, a rule or regulation being put Mr. GLENN. I particularly dislike bill is basically the bill brought out of out by an agency can be challenged and having to oppose my good friend from committee earlier and is designated as brought back to the Congress and lay Georgia, Senator NUNN. We worked to- S. 1001. As opposed to S. 1001, this here under one bill for 60 days or 45 gether in the Governmental Affairs days for challenge here on the floor. Committee on our bipartisan regu- amendment would allow judicial re- view of final rule reg flex analysis. As That applies to small business provi- latory reform bill. We both supported sions or any other provision. the bill. I certainly have the very high- opposed to that, this amendment per- est regard for him. He has always been mits judicial review of proposed rule So it seems to me that we have pro- a tireless champion of the interests of reg flex decisions. vided adequate protection, quite apart small business men and women in our Now, this expands enormously the from the amendment as proposed by country, and I certainly applaud him number of judicial challenges that can the Senators from Georgia. for that effort. be made, and it further overturns a I yield the floor. But I believe that while this amend- principle that has been long held that court review should wait until an agen- Mr. President, I suggest the absence ment is very well-intentioned, I think of a quorum. there are two serious problems. I do cy makes its final rulemaking decision not believe the amendment should be and then challenge the whole process, The PRESIDING OFFICER. The accepted. First, it revises the Regu- whatever it is, and not permit judicial clerk will call the roll. latory Flexibility Act in a number of review challenges all along the way, The bill clerk proceeded to call the ways that I think do not fit with work- which means that the persistent chal- roll. lenger can keep something bogged able regulatory reform. Mr. ROTH. Mr. President, I ask unan- down in court for years and years. It First, the amendment would require imous consent that the order for the can literally bog down the whole proc- cost-benefit analysis of all reg flex quorum call be rescinded. rules. That is, rules that have a signifi- ess, this number of new rulemaking cant economic impact on a substantial procedures that would have to be re- The PRESIDING OFFICER. Without number of small entities. This would be viewed. objection, it is so ordered. small businesses, local governments, So allowing judicial review of pre- Mr. ROTH. Mr. President, I want to and the like. Including these rules in liminary decisions about whether a take a moment to talk about the small the cost-benefit analysis process would rule is even subject to reg flex, which business amendment to S. 343 offered increase the number of rules that have this would do, will bog down agencies by Senator NUNN and Senator COVER- to go through that analysis by over 500 and use more tax dollars unnecessarily DELL. rules. That is not a figure grabbed out and be a full employment bill for law- This amendment would, of course, of thin air; that is the administration’s yers, basically. I do not think that modify the definition of ‘‘major rule’’ estimate. It is based on actual Federal should be the objective of this legisla- to include rules that have a significant Register entries over the last year. tion. impact on small business and small Now, OMB has estimated that if this Mr. President, further, I must admit governments as provided in the Regu- passed this way, there could possibly that I do not understand exactly how latory Flexibility Act. be as many as 600 to 800 rules and regu- this whole thing would work. It would lations that would fall under this pro- increase the complexity, as I see it, and This would have the effect of requir- vision. That would raise the number of it would create more judicial review, to ing all reg-flex rules to be subject to investigations and rulemaking proce- be added to our expense in a substan- cost benefit analysis and the decisional dures to something like three times tial way. criteria, as well as to be subject to the our present number. Let me say that the Regulatory petition process for reviewing rules. Now, agencies are going to be hard Flexibility Act was passed by Congress Mr. President, as I have said before, I pressed with the budget cuts they are as a way to ensure that agencies would am deeply concerned about the impact

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9629 of the regulatory burden on small busi- regulators. That is where our concern quires virtually all that is necessary ness. Indeed, that is exactly why I sup- is properly fixed—helping small busi- already. If we spent the money to do port the amendment offered by Senator nesses to generate new companies, new all this work, why not have the funda- ABRAHAM earlier today. jobs, and expand. mental question before the country and The Nunn amendment in its present Now, I would just like to take a mo- the American people: What is the cost form does raise some serious problems. ment, Mr. President, and review what going to be? I had hoped we could use an approach is already required under the act which The average small businessman for this amendment similar to the Congress has already passed, the Regu- today is spending $5,500 per employee; Abraham amendment. So far, we have latory Flexibility Act of 1980. We have the average American family is spend- not been able to reach that agreement. had any number of statements here as- ing $6,000 a year because of the surge of While I believe strongly in the need serting that we all support that. regulation. We ought to know what the for regulatory reform, it must be re- Whenever an agency is required to impact of these regulations would be. form that is workable. I fear that, as publish a notice of proposed rule- Last, Mr. President, the point I drafted, this amendment could place making for any proposed rule, the would like to make is that we ought to too heavy a burden on the agencies, agency shall prepare and make avail- be in the business of being more con- which are already pressed by the many able for public comment an initial reg- cerned about the small business person other provisions of S. 343. ulatory flexibility analysis. who has such limited resources and This amendment does not distinguish What does that include? Each initial their ability to deal with one regula- clearly between costly rules which de- regulatory flexibility analysis required tion after another after another than serve detailed analysis, and smaller under this act shall contain a descrip- with worrying about what the regu- rules which should not be subject to tion of the reasons why action by the latory overload will be on the people time-consuming and expensive anal- agencies is being considered; a succinct who are making all these regulatory ysis. statement of the objectives of and legal reviews. I hope that we can work together to basis for the proposed rules; a descrip- Mr. President, maybe a side effect address the concerns about the work- tion of, and where feasible, an esti- would be that the agency will be more ability of this amendment, concerns mate, of the number of small entities careful in determining whether or not shared by many of my colleagues. I to which the proposed rule will apply; a it needs to propose a new regulation. would welcome the opportunity to use description of the projected recording, That is another way we could affect some of the good ideas in the Abraham recordkeeping, and other compliance what the ultimate cost is of the review amendment, such as giving OIRA requirements of the proposed rule, in- of the regulation. They might start greater responsibility in selecting rules cluding an estimate of the classes of thinking, for a change, do we need it? small entities which will be subject to for analysis, or to pursue other sugges- And my guess is that this amendment, the requirement and the type of profes- in fact the overall underpinnings of the tions offered by my colleagues. I yield the floor. I suggest the ab- sional skills necessary for preparation bill itself, will suggest that the Gov- of the report or record; an identifica- sence of a quorum. ernment needs to be a little more The PRESIDING OFFICER. The tion to the extent practicable of all rel- thoughtful about imposing yet another clerk will call the roll. evant Federal rules which may dupli- requirement, another burden, and an- The legislative clerk proceeded to cate, overlap, or conflict with the pro- other form on that little company of call the roll. posed rule. two or three people, all over America, Each initial regulatory flexibility Mr. COVERDELL. Mr. President, I who have so little ability to respond or analysis shall also contain a descrip- ask unanimous consent that the order know, even, what the new regs require. tion of any significant alternatives to Mr. President, I yield the floor. for the quorum call be rescinded. the proposed rule which accomplish the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without stated objectives of political statutes ator from Michigan. objection, it is so ordered. and which minimize any significant Mr. LEVIN. Mr. President, we all Mr. COVERDELL. Mr. President, economic impact of the proposed rule want and hope and believe in a signifi- there has been an assertion that this on small entities. cant and a meaningful regulatory re- would unleash a flood of regulatory It goes on. Mr. President, that is form. No one wants rules that do not burden on the agencies. I want to make what the Regulatory Flexibility Act make sense or are not cost effective. the point again that quite the reverse required in 1980. I do not know how to No one wants, or should want, regu- would be the case. There has been a do this without having a cost estimate. latory requirements that exceed real regulatory flood on the small busi- All we are saying in the amendment is needs. We want Government to be nesses of America. that it should include a financial im- smart, efficient, reasonable and prac- As I said in my opening statement, if pact on small business—a financial im- tical. I want to pick where I want that bur- pact on small business. And that there There are plenty of regulatory horror den to be, it ought to be on the Govern- is an enforcement proceeding to ensure stories, some of which are accurate, ment side, and not on the backs of all that is done—the judicial review. some of which are not. There is more these small companies with 4 or less I would be hard pressed, Mr. Presi- than enough evidence, though, for us to employees, or 50 or less employees, dent, having fulfilled the act that al- be convinced of the fact that the regu- which is almost all the companies in ready has been in effect for 14 years, I latory process needs fixing. It has need- America except for 6 percent. do not know how to do this as a former ed fixing for some period of time. Last year, 116 rules were swept up by businessman and not understand eco- We have been in the process of re- the net of the Regulatory Flexibility nomic consequences. forming it for years. Back in the late Act, the act that is already in place. In other words, the argument I am 1970’s, when the Governmental Affairs Now, this idea that we would have making, Mr. President, is that the Committee conducted a lengthy set of 800, I think, is an unfounded assertion. work is virtually done under the exist- hearings and issued a multivolume re- If this had been in effect last year, it ing law. We are simply saying, Mr. port on the regulatory process, the would have swept up 116, just as it did President, that the Government is findings in those hearings led directly last year. Because there is a judicial going to have to do and certify what we to the Senate passage, in 1981, of Sen- review, there could be changes that all intended all of small business to ate bill 1080, the number was at that would add some. I think it is most dif- think we were doing when we passed time, by a unanimous vote, 94 to noth- ficult to assert that we will have 500 or this act. ing. 1,000 new rules that would require ac- Several points, Mr. President. First, I S. 1080 looked similar in many ways tion under this amendment. think the assertion of the increased to the legislation which we are consid- Assuming, again, that there is more burden is without sufficient evidence. ering this week. It had many of the burden, it ought to be on the back of The evidence we have would suggest a same elements, including cost-benefit the Government and not on the back of modest increase. analysis of major rules, a procedure for the small business. We should be trying Second, Mr. President, the act that is reviewing existing rules, legislative re- to protect the small businesses, not the already required of the agencies re- view, and Presidential oversight.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9630 CONGRESSIONAL RECORD — SENATE July 10, 1995 S. 1080 did not make it into law be- that, to the extent the President exer- entity and, therefore, it does not re- cause the coalition supporting it did cises his oversight authority over the quire regulatory flexibility analysis. not hold together once the bill got to rulemaking process, that authority One of the problems with having that the House. It was tough reform, and if must be conducted in the public eye interlocutory appeal is that it then it had been in place for the last 15 and with public accountability. opens up the court process to two ap- years we would not be here today with It is a very important part of the peals on the same rule. You have a rule the legislation before us. We would un- Glenn-Chafee bill that we have some up front to a court for an interlocutory doubtedly have had a lot fewer horror sunshine on the rulemaking process appeal if an agency does not do a regu- stories and a lot more thoughtful regu- right up to and including the office of latory flexibility analysis. That then lation over the past decade and a half. the President and the OMB. It took us can go to the court of appeals. That So we are here to try again, and I am years to get to that point. President then can be appealed to the court of ap- all for it. We spent several months in Bush promulgated an Executive order— peals. That then can be appealed to the the Governmental Affairs Committee President Clinton has promulgated a Supreme Court just on the question of earlier this year considering a bill in- similar Executive order—that called whether or not the agency erred in fail- troduced by Senators ROTH and GLENN for sunshine when rules are kicked up- ing to do a regulatory flexibility anal- which, with a few amendments, we re- stairs to the White House for their con- ysis. But that does not end it because ported to the full Senate for its consid- sideration before final promulgation. there is still an appeal at the end on eration. Many of us think it is a solid This bill, this alternative which is the subject of regulatory flexibility bill. It was passed by a unanimous, bi- called Glenn-Chafee, in a very signifi- analysis. This time, however, on the partisan vote of 15 to nothing. It has cant step incorporates, or would incor- question of whether or not, assuming cost-benefit analysis, risk assessment, porate into law, the basic elements of the regulatory flexibility analysis was legislative review, and a procedure for the Executive orders of Presidents done, it was done correctly. the review of existing rules. It is tough Bush and Clinton. So the amendment before us has real- but balanced. It is a bill that makes The Glenn-Chafee bill is balanced be- ly two problems. One is that it will sig- sense. cause it does not subject all rules to nificantly increase the load on courts The bill is tough, the Governmental congressional review, just the major and the delays in the regulatory proc- Affairs bill, which is basically now the rules. It is balanced because it uses in- ess. It does it unnecessarily because in Glenn-Chafee bill. It is tough because formation as a tool for assessing agen- the bill itself there is judicial review of it would require by law that every cy performance and makes that infor- a decision by an agency not to conduct major rule be subject to a cost-benefit mation available to everyone to judge a regulatory flexibility analysis. But it analysis. It would require that each and to challenge. It is practical be- is done at the correct time, which is at agency assess whether the benefits of cause it does not overwhelm the rule- the end of the process, and it is done at the rule that it is proposing or promul- making process by requiring cost-ben- a time when both aspects of regulatory gating justify the costs of imple- efit analysis and risk assessment for flexibility can be decided by a court at menting it. It requires that agencies less than major rules. It is balanced be- the same time: One, if there was a fail- select the most cost effective rules cause, while requiring an analysis and ure on the part of the agency to con- among the various alternatives. certification by the agency as to duct the regulatory flexibility anal- These two elements are key controls whether the benefits of the rule justify ysis, was that failure error; and, sec- to rational rulemaking. The Govern- the costs, it does not override the un- ond, if there was a regulatory flexi- mental Affairs approach, now embodied derlying statutory scheme upon which bility analysis, whether or not the in Glenn-Chafee, is tough because, by a rule is based. analysis was correctly done. That is statute, it resolves once and for all the I believe the amendment before us, to the more practical way to do it. That is role of the President in overseeing the address the specific amendment on the the way to avoid both swamping courts regulatory process. The bill gives the floor, goes too far. It would provide for in judicial review prematurely, and President the authority to oversee the the interlocutory judicial review at an that is the way if we can avoid having cost-benefit analysis and the risk as- early stage in a proceeding in a way two judicial reviews in effect of regu- sessment requirements, and recognizes which could swamp both the regulatory latory flexibility analysis relative to the unique contribution that a Presi- process and the courts. What we are the same rule. dent, above all of the agencies, can trying to do is reform this system and The amendment also is going to cre- make to rational rulemaking. It also not swamp it and not make it worse. ate a problem in that it is going to gives Congress the right and the prac- We all, again—hopefully all of us— probably double the number of rules. tical capability to stop a rule before it want to reform this system, the cost- We can debate how many more rules takes effect. benefit analysis, with the kind of risk there are going to be subject to this The Glenn-Chafee approach is tough assessment which is essentially in both elaborate cost-benefit analysis require- because it allows for judicial review of bills. ment if we adopt this amendment. But an agency’s determination as to wheth- But what we must avoid doing is the best estimate that we can make is er or not a rule meets the $100 million swamping either the regulatory system that it would at least double the num- economic impact test and because a so that it becomes totally unworkable, ber of rules that will be subject to that rule can be remanded to an agency for or delaying it through interlocutory cost-benefit analysis. It is costly. It is the failure of the agency to do the cost- court proceedings, which will, in effect, something which delays the process. It benefit analysis or risk assessment. It make the regulatory system unwork- is obviously necessary when it comes is tough because it requires existing able. to major recalls. I think all of us agree major rules to be subject to repeal I do not think any of us want that. on that. Both bills contain that. The should the agency fail to review them We want a system which is question is whether or not, given the in 10 years, according to the schedule commonsensical and does not impose downsizing of Government, we can ef- and the requirements of the legisla- costs and burdens on this society where fectively then load onto agencies these tion. the benefits are inadequate. But surely kinds of burdens to increase so dra- The bill was reported out of Govern- there is a role for rules. There is a role matically the requirement relative to mental Affairs, as I mentioned, by a for the rollback of rules, for the review cost-benefit analysis. unanimous bipartisan vote. It is a bal- of existing rules, and we have to make So for both those reasons, I hope that anced bill, and this is the balanced half sure, both in terms of new rules and re- we would either defeat or modify the of it. It is balanced because it recog- view of existing rules, that we have a amendment before us because to put it nizes that many benefits are not quan- process which can function in a prac- in the middle of the rulemaking, to put tifiable and that decisions about bene- tical way. this interlocutory review in the middle fits and costs are, by necessity, not an The amendment before us would add of the rulemaking process, will use the exact science but require, often, the ex- this interlocutory appeal from an agen- court systems unnecessarily. It will ercise of judgment. It is a balanced al- cy determination that a rule will not use them prematurely. And it will end ternative because it would require have a significant impact on a small up overloading both systems. That

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9631 would be harmful for people who are making, I think, is slightly different end of the rulemaking process, either participants in the regulatory process, from the double appeal point which has one would be allowed? whether they are favoring a regulation been made previously, which is that Mr. JOHNSTON. No; the question of or opposing it. the interlocutory appeal that is pro- whether this is a rule which has a sub- Again, I emphasize, this can work vided here goes to the question of stantial, significant effect on a sub- both ways. There are many businesses whether or not there should be a regu- stantial number of small businesses, that want to review existing rules. We latory flexibility analysis, and that which is the trigger for the reg-flex, it want the reviews to go in a practical presumably there still would be an ap- is the intent here—and this language and a smooth way, too. There are many peal at end of the process on the ques- has not been drawn—it is the intent businesses which need new rules. For tion of how that analysis had been con- here that that test be only once. instance, the bottled water business ducted, assuming one is ordered. So Mr. LEVIN. And that it must be has been waiting for a rule for years to that is still a double appeal. made on interlocutory appeal? try to put some restrictions on the rep- Mr. JOHNSTON. The question is an Mr. JOHNSTON. That is correct. resentations of the type of water that appropriate one. The first appeal in the That is the intent. It is a little difficult is being sold as bottled water, as spring interlocutory appeal process would be to give precise answers since the actual water, for instance. It is the business on the question of major rules, whether language has not been drawn. That is which is waiting for the rule. It is the it meets the $50 million threshold, the intent. But as to the quality of business which is trying to stop the whether it is a matter that involves that, you can test that only later after false representations relative to bot- the environment, health, and safety, or the reg-flex attempt. tled water. whether it has a significant impact on Mr. LEVIN. I thank my friend from So this is not always the kind of out- a substantial number of small busi- Louisiana for his answers, and I then side groups versus business. This is fre- nesses and, therefore, requires the reg- would withhold any further comment quently business that needs rules to be ulatory flexibility. That appeal would until after we see the language on it. I changed or added or amended. We have be taken within 60 days and putting the wonder if the Senator will yield for one to make sure that this rulemaking notice in the Federal Register. The additional question. process works in a practical and a func- idea here is that you foreclose further Mr. JOHNSTON. Surely. tional way. appeals after that 60 days. Now there is Mr. LEVIN. Is the intent that the So, for that reason, I hope that the in addition to that in the present rulemaking process be stayed during pending amendment will be defeated or Nunn-Coverdell amendment a more the interlocutory appeal on reg-flex? modified. limited petition for review which al- Mr. JOHNSTON. No, not at all. That I yield the floor. lows you to get into the quality of the is the whole idea. Mr. JOHNSTON addressed the Chair. regulatory flexibility analysis. Mr. LEVIN. Is that clear in the lan- The PRESIDING OFFICER. The Sen- What we are saying is if it is subject guage of the amendment? ator from Louisiana. to an appeal under section 706 of the Mr. JOHNSTON. We believe so, but if Mr. JOHNSTON. Mr. President, the Administrative Procedure Act, or it needs to be further clarified, it can Senator from Michigan referred to the under section 625 of this act, then the be. The idea here is that you want to interlocutory appeal, and, in fact, the quality of that regulatory flexibility have this determination made early Nunn-Coverdell amendment has been analysis insofar as it relates to the enough in the process so that you can criticized because it allows two ap- question of whether the final agency remedy the defects in the rule while peals, both an interlocutory appeal to action was arbitrary, capricious or an the rule is still going on and not have be taken within 60 days of the notice of abuse of discretion, they would have in to wait until it is all over with, be- the proposed rulemaking and a later that appeal the right to test the regu- cause some of these rules take 2 or 3 appeal. latory flexibility analysis at that years. And if you do not find out until, Mr. President, I have just been dis- point. say, your final appeal is 6 or 9 months cussing with the Senator from Georgia For those which were not subject to after the final rule, then you have to a modification of that amendment to that, they would have the ability to ap- stay the rule and go back and do it all make sure that the final appeal relates peal in any court in the Nation that over again. only to those classes of appeals which has jurisdiction and to ask for what Mr. LEVIN. Of course, that is what would not otherwise be subject to ap- would be an order to go back and do judicial review is all about. There is peal under section 706 of the Adminis- the reg-flex analysis. presumably an incentive to do the trative Procedure Act or under section Mr. LEVIN. Is that at the end of the process right. That is why there is judi- 625 of this act, which are, in effect, process? Is there an appeal open at the cial review at the end. And you do not final agency actions, so that both the end of the process to order a reg-flex wipe out judicial review at the end in appeal and the remedy, the final appeal analysis if there were no interlocutory any event. You still allow judicial re- under this bill, would be a very limited appeal that had been asked? view in many ways, so it is not as and narrow one. But I will describe Mr. JOHNSTON. Yes. though you are doing a whole bunch of that amendment when it comes up. Mr. LEVIN. So you have a choice as things up front and thereby precluding Mr. LEVIN. I wonder if the Senator to whether to take an interlocutory ap- the review at the end. will yield just on that point for a ques- peal on that issue or to make that part Mr. JOHNSTON. No, but you would tion. of the final appeal; is that correct? preclude a review, for example, on Mr. JOHNSTON. Yes. Mr. JOHNSTON. You have a choice. whether this is a major rule, whether it Mr. LEVIN. Is the amendment going If you wait until the final appeal, it has $50 million, if that is the trigger, or to be modified so as to prevent an ap- would be a more limited choice because $100 million, which I hope we can get peal on how a regulatory flexibility the only remedy provided there is for an amendment in to make it $100 mil- analysis has been conducted if there the court, in effect, to order the reg- lion. That question would be reviewed, were an interlocutory appeal on the flex analysis, and if that then would would be finally reviewed on the inter- question of whether a regulatory flexi- call for a modification in the rule, then locutory basis. bility analysis should be done? Will the the rule would then be modified, but Does the Senator understand what I modified amendment be precluding an there would be, for example, no stay of am saying? appeal on how that regulatory flexi- the rule because of the inadequacies of Mr. LEVIN. Is it the intent of the bility analysis has been conducted at the reg-flex. sponsors of this bill, and the Senator the end of the rulemaking process? Be- Mr. LEVIN. It was my question—I am indicates the sponsors of this amend- cause that would be taking away from unclear—is it the intent of the modi- ment, to preclude judicial review at small business something that it now fied amendment that there could be ei- the end of anything which can be has, for instance, with small units of ther an interlocutory appeal on the raised by interlocutory appeal at the government. I do not know if that is question of whether or not a reg-flex beginning? the intent. I think it should be clear. analysis has to be made or that issue Mr. JOHNSTON. Will the Senator But the double appeal point that I was could be raised for the first time at the reask the question.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9632 CONGRESSIONAL RECORD — SENATE July 10, 1995 Mr. LEVIN. Is it the intention of the The concern with the Nunn amend- motive for job creation, Congress has sponsor of the bill pending here, of the ment, even as amended, when amended, to lift the regulatory burden from Dole-Johnston bill, and is it the Sen- is that it is likely to cause an agency small family businesses. ator’s understanding that it is the in- overload or much more than the agen- The Nunn-Coverdell amendment will tention of the makers of this amend- cies are able to do. accomplish this through several mech- ment, that the interlocutory appeal The amount of personnel that the anisms. First, the definition of ‘‘major which is provided is the exclusive rem- agencies have, the amount of moneys rule.’’ S. 343 is amended to include edy to raise the issues that can be that the agencies have in order to per- rules that have a significant economic raised by interlocutory appeal and that form these risk assessments is, of impact on a substantial number of if anyone fails to raise an issue, which course, limited. Now, how many addi- small businesses, virtually the same could be raised by interlocutory ap- tional rules would this require the definition that triggers the reg flex peal, by interlocutory appeal, it cannot agencies to do? We do not know. OMB act. The determination of a rule as a then be raised at the end of the rule- tells us that it could be hundreds of ad- major rule subjects the rule to S. 343’s making process? ditional rules that would be caught cost-benefit analysis. This will assure Mr. JOHNSTON. That is correct. And under this definition. It could have the that rules affecting small businesses I hope our language will properly re- effect of doubling, tripling, or even a will be cost-effective and less burden- flect that. fivefold increase in the amount of work some. Mr. President, let me be a little more that they have to do. This designation of rules having a clear if not only for the purpose of this I hope, Mr. President, that if this substantial impact on small businesses small business amendment, the reg-flex amendment is adopted and becomes as a major rule subject to cost-benefit amendment, but also for the purpose of part of this law that that is not the re- analysis is necessary to close a loop- the whole bill. The reason for having sult. However, I think that it is going hole in this bill. The $50 million thresh- the interlocutory appeal is that the to require continued analysis as this old amount for a major rule may be too question can be put at rest early in the matter moves along. It is not my pur- high for many small businesses. For in- process. pose, frankly, to vote for this amend- stance, a regulatory impact of less If, for example, an agency determines ment, although we are not making, or than that amount may have a dev- that the rule is likely to have an im- at least I am not making, a major chal- astating effect on a small business or a pact of less than $50 million a year, lenge to this amendment, given the as- sector of the economy that may not then it would not be a major rule, surances of the Senators from Georgia yet represent a significant burden on a would not require the cost-benefit that we will be able to continue to Fortune 500 company. The Nunn-Cover- analysis, or the risk assessment. They work on it to avoid the question of dell amendment would resolve this would make that determination early agency overload. problem by requiring that all rules on, file that in the record, and any However, until we have dealt with a that have a significant impact on small party, any interested party, would then more assuring way with this question businesses be classified as a major rule have 60 days from the time of that de- of agency overload, I will not be able to under S. 343. termination to make this interlocutory vote for this amendment. A legitimate question is just how appeal on the question of whether it Mr. HATCH addressed the Chair. many regulations does this amendment was a major rule because of the The PRESIDING OFFICER. The Sen- encompass? How many new major rules amount of dollars, whether it was a ator from Utah. will be subject to cost-benefit analysis rule that affects health, safety, the en- Mr. HATCH. Mr. President, I believe under S. 343? In other words, what is vironment, which in turn requires the this amendment to S. 343 is of para- the impact of this amendment to Fed- risk assessment, or in this case wheth- mount importance. S. 343, as written eral agencies’ resources and personnel? er it has a significant effect upon a now, will unquestionably benefit small And the answer is, not that much. The substantial number of small busi- businesses by requiring Federal bu- reg flex act requires that regulatory nesses. reaucrats to only promulgate regula- burdens be reduced for those regula- The idea is that if that appeal is not tions that are cost-effective and based tions that have a ‘‘significant impact made within 60 days, that you are fore- on good science. But adoption of the on a substantial number of small enti- closed from raising that later on in the Nunn-Coverdell amendment will guar- ties.’’ process. antee that small businesses, which rep- Small entities include small busi- Keep in mind that if an appeal is resent the vast majority of employers nesses as well as both small govern- made within the 60 days on the basis and employees in this Nation, thus en- ments and charities, entities that that they failed to make it into a compassing most Americans, will fur- shoulder a disproportionate share of major rule, that the agency itself could ther benefit from regulatory reform by the cost of regulation. Last year under make a determination, could in effect assuring that all regulations that are the reg flex act just 127 regulations moot the appeal by going back and currently subject to the Regulatory qualified for that act’s special treat- doing the cost-benefit analysis and the Flexibility Act of 1980, termed the ‘‘reg ment. The Nunn-Coverdell amendment, risk assessment. flex act,’’ will also be subject to S. 343’s as I understand it, would encompass What we find under the present law cost-benefit analysis provision and only that part of the 127 regulations in areas like NEPA, National Environ- periodic congressional review. that affect small business and even 127 mental Policy Act, agencies tend to err Small businesses create most of the is not a great or burdensome amount. on the side of conservative in doing an jobs in America. This is demonstrated The other mechanisms of this amend- environmental impact statement, by the fact that from 1980 to 1990, small ment that assure protection of small which is much more involved than the businesses with fewer than 20 employ- businesses involve modifications of the environmental impact assessment. ees created 4.1 million net new jobs. reg flex act. The most important estab- They will do the statement rather than Compare that with big business. Large lishes a requirement for agencies to the assessment many times because businesses with more than 500 employ- conduct a cost-benefit analysis before they do not want all their work to be ees lost over 500,000 net jobs over the rules are promulgated under the reg thrown out X years later at the end of same time period. flex act. Furthermore, the determina- the process. According to the Small Business Ad- tion by an agency that a rule will not The result is that it frequently re- ministration, small business bears a have a significant impact on small quires tremendous amounts of addi- disproportionate share of regulatory businesses is made judicially review- tional expense in doing that which the burdens. In fact, SBA, the Small Busi- able. I believe that these changes will law would not otherwise require. And ness Administration, estimates that buttress our economy by reducing the the reason for the interlocutory appeal the burden of regulations on small burdens imposed on our small busi- is to be able to get that question deter- business is three times greater than nesses by regulations. mined up front and early so that the that for large businesses. It is clear So I urge my colleagues to support results of the whole system will not be that to assure small businesses will the Nunn-Coverdell amendment. I thrown out. continue to act as America’s loco- think it is a good amendment. I think

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9633 it helps the bill. I think it closes a ing the comment period to make the amendment the following question, loophole. I think it protects small busi- argument that there should have been since we have not had a chance to look nesses. I think that it makes the regu- a regulatory flexibility analysis and at the modification. latory forces in this country be more that failure to do so was an error which Mr. GLENN. Mr. President, I know responsible and, above all, it amounts requires the rule to be remanded and to this has been the subject of debate on to common sense. To me, that is what be done right. the floor—not publicly but among dif- this bill is all about—common sense. I I yield the floor. ferent Members. I wonder if we can think it would be well for us to support Mr. President, I suggest the absence have a brief explanation. We only have this amendment. of a quorum. a few minutes before the vote. I yield the floor. The PRESIDING OFFICER. The Mr. LEVIN. Mr. President, it is my Mr. LEVIN addressed the Chair. clerk will call the roll. intention to ask the senior Senator The PRESIDING OFFICER (Mr. The bill clerk proceeded to call the from Georgia this question. Is it the in- GRAMS). The Senator from Michigan. roll. tent of the modification to make it Mr. LEVIN. Mr. President, the Sen- Mr. NUNN. Mr. President, I ask clear that there is only one appeal that is permitted on the issues which can be ator from Louisiana and I previously unanimous consent that the order for raised by interlocutory appeal and that had a colloquy, and I very much wel- the quorum call be rescinded. one appeal is the interlocutory appeal? come the language that he is going to The PRESIDING OFFICER. Without Is that, as previously stated by the be preparing to clarify a critical point, objection, it is so ordered. Senator from Louisiana, the purpose but it seems to me that the more that AMENDMENT NO. 1491, AS MODIFIED point is clarified, the less of a favor we and effect of the modification sent to Mr. NUNN. Mr. President, I send a are doing for small business in this the desk? modification to the desk. Mr. NUNN. If I could say to my amendment. Let me explain why. The PRESIDING OFFICER. The Sen- In talking with the Senator from friend, there are two parts of this ator has that right. Louisiana, and just talking with the modification. One is to make it clear The amendment is so modified. that risk assessment is not required senior Senator from Georgia, it is quite The amendment, as modified, is as under this amendment, only cost-ben- clear that the intent of this amend- follows: efit analysis. We talked about that ear- ment is that an issue which can be lier this afternoon. There was an omis- raised on an interlocutory appeal must On page 14, line 10, strike out ‘‘or’’. On page 14, line 16, add ‘‘or’’ after the semi- sion from the draft. be raised at that time or else it is pre- colon. The modification relates to judicial cluded from being raised at the end of On page 14, insert between lines 16 and 17 review. You made the point that small the rulemaking process. the following new subparagraph: businesses might need two bites at the The problem with that is that an ‘‘(C) any rule or set of closely related rules, apple. The way the amendment reads, awful lot is learned about the impacts not determined to be a major rule pursuant there would be two bites at the apple. of rules during the comment period. to subparagraph (A) or (B), that the agency We intend to change that at a later That is one of the reasons for the com- proposing the rule determines will have a significant economic impact on a substantial point during the debate on this bill. ment period. To preclude a small busi- Mr. LEVIN. Is it the intent to modify ness from taking advantage of what is number of small businesses, pursuant to sub- chapter I shall be deemed to be a major rule it so there is only one bite at the learned during the comment period so for the purposes of subchapter II; apple? it can argue on an appeal at the end of On page 39, line 22, strike out ‘‘and’’. Mr. NUNN. This whole issue of judi- the rulemaking process that this rule On page 39, line 24, strike out the period cial review will require more work. As has a significant impact on small busi- and insert in lieu thereof a semicolon and the Senator knows, it is complicated, ness or on small units of local govern- ‘‘and’’. and for me, is not fixed at this point. ment, it seems to me, is doing a dis- On page 39, add after line 24 the following We are going to have to work on it favor, a disservice to these smaller new subparagraph: more. units. ‘‘(C) an agency certification that a rule Mr. LEVIN. Is it the intent later on will not have a significant economic impact to require or to provide only one bite So while that clarification I think is on a substantial number of small entities important in terms of congressional in- pursuant to section 605(b). at the apple later on? tent and it is important in order to On page 40, line 5, insert ‘‘and section 611’’ Mr. NUNN. That is my present in- avoid two appeals on the same subject, after ‘‘subsection’’. tent. I am always persuaded by my the better road to go here is to have On page 68, strike out all beginning with friend’s arguments, so we may have to the appeal at the end of the process, as line 9 through line 11 and insert in lieu think more on that. it is in the way the bill is written now, thereof the following: Mr. LEVIN. Is it the intent that that where you can use the comment period ‘‘(A) include in the final regulatory flexi- one bite be the interlocutory appeal? Is bility analysis a determination, with the ac- to gain evidence as to why a regulatory that the present intent? companying factual findings supporting such Mr. NUNN. I would like to work with flexibility analysis is essential. To pre- determination, of why the criteria in para- clude a small unit, be it business or the Senators on that. graph (2) were not satisfied; and Mr. GLENN. Would the Senator con- small unit of government, from taking On page 72, insert between lines 14 and 15 sider, rather than having a vote now, advantage of that comment period to the following new subsection: waiting until it is modified and wait make a case as to why a regulatory (e) AMENDMENTS TO THE REGULATORY FLEXIBILITY ACT.— until later? flexibility analysis is necessary, it Mr. NUNN. I believe we ought to go seems to me, is not the way we should (1) TECHNICAL AND CLARIFYING AMEND- MENTS.—Section 612 of title 5, United States ahead and vote. This judicial review be going in terms of trying to help both Code, is amended— issue has to be addressed on the overall small businesses and small units of (A) in subsection (a) by striking ‘‘the Com- bill. So we are going to have to work government. mittees on the Judiciary of the Senate and on this issue more, within the overall So while I think the clarification is the House of Representatives, the Select bill. I would like to vote on this important, again, so we all understand Committee on Small Business of the Senate, amendment. what the intent is and while it is im- and the Committee on Small Business of the Mr. LEVIN. I am wondering if the portant in order to avoid two appeals House of Representatives’’ and inserting ‘‘the Committees on the Judiciary and Small first part of the amendment could be on the same subject, the conclusion voted on. that is reached has the appeal at the Business of the Senate and House of Rep- resentatives’’; and Mr. NUNN. There is no way to divide wrong point. The appeal should be (B) in subsection (b) by striking ‘‘his views it at this point. there. It is new. It is important to with respect to the effect of the rule on Mr. LEVIN. It is a rather unusual small business that there be an appeal small entities’’ and inserting ‘‘views on the thing we are doing. We are adopting an on this issue and the small units of rule and its effects on small entities’’. amendment which we are saying later government. But the right place for On page 72, line 15, strike out ‘‘(e)’’ and in- on we know needs to be modified, and that appeal to come is at the end of sert in lieu thereof ‘‘(f)’’. it is the intent of the makers to modify this process where they can then use Mr. LEVIN. Mr. President, I wonder it. I would think it would be better to the record which has been gained dur- if I could ask the sponsors of the modify it before we vote.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9634 CONGRESSIONAL RECORD — SENATE July 10, 1995 Mr. GLENN. Or you are going to get [Rollcall Vote No. 297 Leg.] Dole Hatfield Nickles Domenici Heflin Nunn people locked in on this vote. YEAS—96 Dorgan Helms Packwood Mr. NUNN. I do not think this is Abraham Feingold Lugar Exon Hollings Pressler going to be the issue on which people Akaka Feinstein Mack Faircloth Hutchison Robb Ashcroft Ford McCain Feingold Kassebaum Rockefeller are voting. I hope I am not the first Baucus Frist McConnell Feinstein Kempthorne Santorum Senator to say on the floor that an Bennett Glenn Mikulski Frist Kerrey Shelby amendment is not perfect. It will re- Biden Gorton Moseley-Braun Gorton Kyl Simpson quire further work. This will require Bingaman Graham Moynihan Graham Lott Snowe Boxer Gramm Murkowski Gramm Lugar Specter further work on that limited point. Bradley Grams Murray Grams Mack Thomas This is not the central point of the Breaux Grassley Nickles Grassley McCain Thompson amendment. The central point is to Brown Gregg Nunn Gregg McConnell Thurmond Bryan Harkin Packwood Hatch Murkowski Warner have the small business community Bumpers Hatch Pell not be full beneficiaries of these very Burns Hatfield Pressler NAYS—36 important changes to regulatory re- Byrd Heflin Pryor Akaka Ford Mikulski view process. Campbell Helms Reid Biden Glenn Moseley-Braun Chafee Hollings Robb Boxer Harkin Moynihan Mr. HATCH. Mr. President, I suggest Coats Hutchison Rockefeller Bradley Inouye Murray the absence of a quorum. Cochran Inouye Roth Breaux Johnston Pell Cohen Johnston Santorum Bryan Kennedy Pryor The PRESIDING OFFICER. The Conrad Kassebaum Sarbanes Bumpers Kerry Reid clerk will call the roll. Coverdell Kempthorne Shelby Byrd Kohl Roth The bill clerk proceeded to call the Craig Kennedy Simon Chafee Lautenberg Sarbanes D’Amato Kerrey Simpson Cohen Leahy Simon roll. Daschle Kerry Snowe Daschle Levin Stevens Mr. DOLE. Mr. President, I ask unan- DeWine Kohl Specter Dodd Lieberman Wellstone Dodd Kyl Stevens imous consent that the order for the Dole Lautenberg Thomas NOT VOTING—4 quorum call be rescinded. Domenici Leahy Thompson Bond Jeffords The PRESIDING OFFICER. Without Dorgan Levin Thurmond Inhofe Smith Exon Lieberman Warner objection, it is so ordered. Faircloth Lott Wellstone So, the amendment (No. 1491), as EXPLANATION OF ABSENCE NOT VOTING—4 modified, was agreed to. Mr. HATCH. Mr. President, I move to Mr. DOLE. Mr. President, the senior Bond Jeffords Senator from New Hampshire [Mr. Inhofe Smith reconsider the vote by which the amendment was agreed to. SMITH] is necessarily absent from the So the amendment (No. 1490) was Mr. COVERDELL. I move to lay that Senate and is holding an important agreed to. motion on the table. meeting on Superfund reform in his Mr. GRAMM. Mr. President, I move The motion to lay on the table was home State. He has asked me to an- to reconsider the vote by which the agreed to. nounce that had he been present for amendment was agreed to. (At the request of Mr. DOLE, the fol- the votes we are just about to take, he Mr. COVERDELL. I move to lay that lowing statement was ordered to be would have voted in favor of both the motion on the table. printed in the RECORD.) Abraham and the Nunn-Coverdell The motion to lay on the table was amendments. agreed to. EXPLANATION OF ABSENCE I suggest the absence of a quorum. ∑ Mr. BOND. I regret that I was un- VOTE ON AMENDMENT NO. 1491, AS MODIFIED avoidably absent for the votes today. I The PRESIDING OFFICER. The The PRESIDING OFFICER. The was away from Washington to partici- clerk will call the roll. question is now on amendment No. pate in a court-ordered appearance. If I The bill clerk proceeded to call the 1491, as modified, offered by the Sen- had been present, I would have sup- roll. ator from Georgia [Mr. NUNN]. Mr. HATCH. Mr. President, I ask ported both the Abraham and the Mr. COVERDELL. I ask for the yeas Nunn-Coverdell amendments.∑ unanimous consent that the order for and nays. the quorum call be rescinded. Mr. GRASSLEY addressed the Chair. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without sufficient second? ator from Iowa is recognized. objection, it is so ordered. There is a sufficient second. Mr. GRASSLEY. Mr. President, after Mr. HATCH. Mr. President, I ask for The yeas and nays were ordered. more than a decade, it is about time the yeas and nays. The PRESIDING OFFICER. The that we are starting to work on regu- The PRESIDING OFFICER. Is there a question is on agreeing to the amend- latory reform. We have a very good bill sufficient second? ment of the Senator from Georgia, as going through the House of Represent- There is a sufficient second. modified. On this question, the yeas atives. Hopefully, we will be able to get and nays have been ordered, and the The yeas and nays were ordered. just as good a bill through the U.S. clerk will call the roll. VOTE ON AMENDMENT NO. 1490 Senate. I am glad that we are able to The assistant legislative clerk called do this under the leadership of our ma- The PRESIDING OFFICER. The the roll. jority leader, Senator DOLE, because question is on agreeing to the amend- Mr. LOTT. I announce that the Sen- this is a historic comprehensive regu- ment of the Senator from Michigan. On ator from Missouri [Mr. BOND], the latory reform. This bill, S. 343, is a re- this question, the yeas and nays have Senator from Oklahoma [Mr. INHOFE], sponse to the informal rulemaking that been ordered, and the clerk will call the Senator from Vermont [Mr. JEF- has exploded in the last 50 years that the roll. FORDS], and the Senator from New was not contemplated in the original The bill clerk called the roll. Hampshire [Mr. SMITH] are necessarily Administrative Procedure Act which Mr. LOTT. I announce that the Sen- absent. passed in 1946. ator from Missouri [Mr. BOND], the The PRESIDING OFFICER (Mr. S. 343 involves a number of major Senator from Oklahoma [Mr. INHOFE], BURNS). Are there any other Senators regulatory reforms. These include cost- the Senator from Vermont [Mr. JEF- in the Chamber who desire to vote? benefit analysis, risk assessment, peti- FORDS], and the Senator from New The result was announced—yeas 60, tion reopener, judicial review, congres- Hampshire [Mr. SMITH] are necessarily nays 36, as follows: sional review, peer review, and im- absent. [Rollcall Vote No. 298 Leg.] provements to the Regulatory Flexi- The PRESIDING OFFICER. Are there YEAS—60 bility Act. any other Senators in the Chamber de- Abraham Brown Conrad S. 343 is the latest product of a long- siring to vote? Ashcroft Burns Coverdell term evolutionary process. The founda- Baucus Campbell Craig The result was announced—yeas 96, Bennett Coats D’Amato tion for S. 343 comes from the 97th Con- nays 0, as follows: Bingaman Cochran DeWine gress in the form, which we passed at

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9635 that time 94 to 0, of S. 1080. S. 1080 was mean, very broadly speaking, rules people take into consideration alter- the culmination of over 20 years of that are to do social and economic natives; that there is not one way to do work in the Senate to reform the regu- good, where the benefit outweighs the something, and that there ought to be latory process. Unfortunately, that harm. a relationship between cost and ben- year, in the 97th Congress, the House A second objective is to make the efit, and there ought to be a scientific leadership, then under the control of rulemaking process more rational and basis for regulation. The fact is that the Democratic Party, did not believe more open and to give persons who are many rules and regulations have be- that regulatory reform was needed, be- the intended beneficiaries of the rule come too rigid and costly. These rules cause they believed in the regulatory and those who are more likely to bear themselves could actually threaten our state. So the House leadership ne- its costs greater opportunity to par- Nation’s limited resources, as well as glected to follow through on that bill, ticipate in the agency’s proceedings. public support for the necessary rules. and the bill was never considered by No one should reject the proposition At a later time in this debate I am the other body. that people who are to be affected by going to go into more specific detail Regulatory relief was a major issue the regulations ought to have a part in about how ridiculous and onerous in the congressional elections this the process of the agency’s consider- many regulations have become. year. It was part of our Contract With ation of those, and also, once that Mr. President, Majority Leader DOLE America. S. 343 is part of the fulfill- process is over, through judicial re- is to be commended for taking the ini- ment of the mandate that voters gave view, to have a means of assuring that tiative on this legislation and fol- to the new leadership in Congress to agencies, in effect, obey the law. S. 343 lowing through on what the American bring about more effective and less does that. people want and expect. He is the lead- costly rules and regulations. These changes were designed then to As chairman of the Judiciary Sub- supplement and to strengthen the regu- er of our party. Our party had a man- committee on Administrative Over- latory analysis requirements of S. 1080, date in the election to do that, and he sight and the Courts, I began the Judi- which is the core of the regulatory is carrying that out in the responsi- ciary Committee’s efforts in what has analysis that is in this new bill before bility that he has. The efforts that are become an extensive legislative proc- us. being made in the debating of this bill, ess. Beginning last February, my sub- I view the overall primary focus of in the consideration of this bill, is to committee held hearings over 2 days this bill to be accountability. The es- make sure that our performance in of- and then held a markup where I offered sence of Government is accountability. fice is commensurate with the rhetoric a substitute, which was adopted and re- The essence of lawmaking is account- of the campaign. I think this bill is ported to the full committee. ability. The public holds us account- about as close as you can get to having Chairman HATCH then held another able through the regular election proc- that be a possibility. hearing before the full committee to ess. The regulatory scheme of things in As others have said, we have to find consider the issue in even more detail. the administrative branch of Govern- ways to do things smarter and cheaper. After a number of delays to accommo- ment is somewhat removed from cit- As the committee report points out, we date the Democratic side of the aisle, izen participation, and the extent to have become hostage to the unregu- the committee held 3 days of markup which it is, I believe people who are lated regulatory process. S. 343 will over a period of 3 weeks, and so the regulators and people who make the help us out of this quagmire by requir- committee finally reported the bill last regulations and rules tend to be less ing sound, effective, fair, reasonable April 26. accountable. regulation that will do the job the peo- Since that time, Members and staff This bill, not as perfectly as is done ple intend that they do. have worked extensively with those through the election process affecting We have all heard today very real who had questions or problems with those of us in Congress, intends to stories of agencies gone mad. Well, I the bill, even including the White bring accountability to the process of want to relate one story here today House. We received, in fact, a number the regulation and rulemaking of the where bureaucrats got out of control. of very positive suggestions. And be- faceless bureaucrat. This means agency This story, and many others we will be cause they were positive, meant to be accountability to the people as well as hearing about, will underscore the need helpful, and it showed cooperation by to Congress who has delegated its au- for commonsense reform. This story the other side, including the adminis- thority to the agencies. It also means happens in my State. S. 343 is about tration, many of these were included in congressional accountability to the reasonableness and responsibility. The the bill. people because we are ultimately re- American people are inspired by rea- S. 343 deals with two overall topics sponsible for the laws that we pass. We sonable decisions. When the Govern- directly relevant to regulatory reform. should not punt to the agencies and to ment acts in the best interest of the The first major topic is regulatory the courts to make very important de- majority of its citizens, the American analysis, including cost-benefit deter- terminations that ought to be made people are encouraged by the Govern- minations for new and existing major right here. Unfortunately, there will be ment’s responsible actions. rules or regulations of the Federal Gov- those who will try to misrepresent our S. 343 is a responsible action which is ernment and, where relevant, Mr. intentions by arguing that this bill will in the best interest of the majority of President, risk assessment criteria and be used to gut our Nation’s health, Americans. One of the main problems procedures. safety, and environmental laws. this bill addresses is unreasonable reg- The second major topic involves This argument, of course, is a sham, ulations and overzealous regulators. changes to the Administrative Proce- because there is not one among us who dure Act and other Federal statutes does not want to do everything that we This problem is clearly evident when which contain equivalent provisions. reasonably can to protect the lives of it comes to agencies like the Environ- These changes are in the procedures our people and who recognize the need mental Protection Agency. The EPA that the agencies are required to follow for sound and effective regulations. We was instituted and developed to pro- in rulemaking and also in the stand- all breathe the air, eat the food, and mote policy advancing a clean environ- ards of judicial review and appeals of drink the water. ment at reasonable costs with fair and agency action. We all want our children and grand- rational oversight. Fair and rational Through these provisions, Congress children to be as safe as possible. To oversight, though, has not been exhib- will give Federal agencies new sub- suggest otherwise, as some in this body ited recently by the EPA. Presently, stantive and procedural guidelines on are doing, and particularly as the the EPA exhibits arrogance and over- how the agencies are to use the legisla- media likes to popularize, is just down- zealous behavior while enforcing the tive powers which Congress has given right shameful. We are concerned agency’s adversarial relationship with them through other statutes to regu- about the lives of people. This does not small business and farmers. late. The ultimate objective in our leg- compromise that principle whatsoever. Innocent citizens are easy prey for islation is for better Federal rules and What it means to do is that regulation presumptuous EPA bureaucrats. I regulations, and by better rules, we and rulemaking be accountable; that know this to be true because, as I have

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9636 CONGRESSIONAL RECORD — SENATE July 10, 1995 said, I have a constituent who has per- That decision and the 15 months of oversight by the U.S. Government. sonal scars from unjustified hardships litigation cost Mr. Higman $200,000 in Most, if not all, businesses want to resulting from brash EPA officials. legal fees, lost business, and what is comply with environmental laws and This example happened outside a lit- even more important in my State, Mr. regulations. tle town in the northwest corner of my President, it gave this very responsible Mr. President, it is my hope that this State of Iowa. The name of that com- business person a damaged reputation. reform will change the EPA policy to munity is Akron, IA. It was business as It also cost the bookkeeper, Ms. Han- promote a worthy social objective that usual that day at the Higman Gravel sen—the woman that had the shotgun fosters reconciliation and cooperation. Company. Harold Higman, the owner, leveled at her as she was at her desk This reform will help eliminate the was outside topping off his pickup doing her books—two months leave of heavy-handed tactics and threats truck at the gas pump on his property. absence due to a nervous disorder, against innocent citizens like Mr. Mavis Hansen, a trusted employee of 20 which still persists to this day. Higman and Ms. Hansen. Through this years, was inside the office tending to Mr. President, the moral of this story reform the EPA could once again re- the books, as she regularly did. Every must be prefaced with a poignant ques- turn to its original purpose of pro- other employee was working at their tion: How in the world does the EPA moting policy which advances a clean normal business responsibilities that justify such outrageous behavior? environment through fair and rational early morning at 9 o’clock. You might It is the regulatory state gone out of oversight. say the morning routine had just control. They acted, as I have said, on Mr. DASCHLE. Mr. President, I want begun. rumor and innuendo. When the rumors to use this time to remark briefly on Suddenly, in a violent breech of the did not pan out, they pressed ahead the pending measure, which will be the morning’s routine, nearly a dozen un- anyway, costing innocent citizens fi- subject of a vigorous debate over the marked cars roared onto the yard of nancial and psychological fortunes. the premise of that gravel business. I will not go through all of the de- next several days, and the focus of our They screeched to a halt in cadence. tails in this case, Mr. President. But I work today and in the days to follow. Forty agents poured from the cars and think it behooves us as a society to The primary subject of this debate is surrounded Mr. Higman, cocking their take a broad view of this case and see the bill that was reported by the Judi- guns in unison. what lessons can be learned. ciary Committee in a very controver- One agent, who was clad in a bullet- To begin with, the EPA used a force sial markup which was later modified proof vest, leveled his shotgun at of 40 men comprised of Federal and through negotiations with Senator Higman. The agent pumped the gun local agents. They used a force JOHNSTON and other colleagues. once to load it. As Mr. Higman, the equipped to attack a mountain when it I am grateful for the attention that owner, gulped and his knees quivered, was only a molehill. Members have given the bill since it the agent fumbled for his badge, and as Second, the EPA’s advanced scouting was reported by the Judiciary Com- Mr. Higman groped for words and he of the situation was disgraceful. They mittee, for I believe, over time, real voiced a demand for an explanation, charged ahead with full force, though improvements have already been made. the agent responded with a ‘‘shut up’’ uninformed about the facts. They did right in Mr. Higman’s face. Nevertheless, throughout these nego- not look before they leaped. tiations, these clear differences have Meanwhile, another agent stormed All too often, Mr. President, I hear of the office. There he found the trusted emerged among those who advocated such overzealous and heavy-handed en- changes in the way Federal agencies employee of 20 years, the accountant, forcement of our Nation’s environ- Mavis Hansen, at her desk tending to issue regulations. It has become appar- mental laws. Yet, there is rarely ac- ent that a new, more reasonable and the books, as you would expect her to countability. This situation cannot be doing at 9 o’clock in the morning. judicious approach is needed if we are continue. A presumption of guilt is The agent stormed in with his gun and to enact responsible, regulatory re- formed. It is a foreign concept in our yelled ‘‘freeze’’ with his gun cocked form, without causing gridlock in the land. It should be a foreign practice as and left it aimed right at Mavis Han- Federal agencies. well. sen’s head. There remain a number of problems The purpose of the EPA is certainly Poor Mavis Hansen sat frozen with with S. 343 which argue against adop- commendable. The purpose is to pro- shock, fear, and bewilderment. Now, tion in its current form. First, its pas- tect the Nation from environmental Mr. President, to this very day, she sage will likely result in a more con- pollutants and toxins. The EPA is sup- still has nightmares and bouts of nerv- voluted, bureaucratic, and confusing pose to work to make our water clean ousness due to what happened that hor- system that practically invites manip- and our air pure, and there is no one rible day. ulation and litigation by the best law- who would argue with those worth- Obviously, there must have been a yers money can buy. It would allow, while goals. But the heavy-handed tac- reason for 40 agents to appear, shoving and even encourage, appeals and litiga- tics are inconsistent with EPA’s wor- their shotguns down the throats of the tion throughout the regulatory devel- thy objectives. In fact, such policy owner and the bookkeeper of this grav- opment process. erodes whatever moral authority the el business in the small town of Akron The multifaceted petition process in northwest Iowa. You might wonder, EPA may hope to have to detect and deter pollution and polluters. Their will create massive burdens on Federal was it some kind of a drug operation? agencies at a time when we are at- Was there a cache of weapons? None of image in the public’s eye will only suf- fer and the public’s confidence in the tempting to cut budgets and limit the those, Mr. President. What the agents size of Government. were looking for were two so-called EPA’s fairness will be shaken. toxic chemicals that were allegedly We certainly hope, Mr. President, The bill’s $50 million threshold will stored at the Higman Gravel Co. that this reform will cause the EPA to drag hundreds of additional rules into grounds, supposedly buried in barrels. reconsider its we-versus-they men- this process, further burdening agen- Now, this is what they had been told. tality, with respect to American small cies. It also forces Federal agencies to They had been told this, Mr. President, business. This bill will not overturn ex- choose the cheapest option, even if by a paid informant. But it turns out isting environmental law. The Com- other alternatives are more cost effec- that this paid informant was also a dis- prehensive Regulatory Reform Act will tive and therefore more economical. gruntled former employee of the require the EPA to reexamine existing In sum, it would impose costs on Fed- Higman Gravel Co. He had given the rules and force them into revisions, but eral agencies that cannot be met under EPA a bum lead, and after 15 months of only, let me emphasize, where regula- current budget constraints. The Office misery and ordeal, a jury in a criminal tions are based on bad science or where of Management and Budget estimates case finally decided that Higman was a less costly alternative exists that that S. 343 would cost Federal agencies innocent. Mr. Higman and others were achieves the statutory requirements. an additional $1.3 billion and 4,500 full acquitted of charges stating that he Small businesses certainly share the time employees each year simply to had knowingly stored illegal toxic goal of a clean environment at reason- implement all its provisions. The Fed- chemicals on his property. able costs, with a fair and rational eral Government simply does not have

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9637 the resources to absorb those require- which will improve the bill and which I The PRESIDING OFFICER. Without ments. Nor should it. hope all Members will give their seri- objection, it is so ordered. In addition to overburdening Federal ous consideration. The messages of the President are as agencies, S. 343, as currently written, The comprehensive alternative will follows: would roll back some of the most im- produce commonsense reform without To the Senate of the United States: portant laws that protect our environ- wholesale harm. I am hopeful that With a view to receiving the advice ment, our health, and our safety. after some healthy debate on this mat- and consent of the Senate to ratifica- For the first time in my lifetime, we ter, and in light of the amendment tion, I transmit herewith the Treaty are contemplating a comprehensive re- process that will begin today, my col- Between the Government of the United treat from the progress achieved in re- leagues can be persuaded to support States of America and the Government ducing air pollution, in cleaning up our our amendments and the alternative of the Republic of Latvia Concerning rivers and lakes, in taking steps to en- developed by Senators GLENN and the Encouragement and Reciprocal sure that the food we eat and the water CHAFEE, should it be offered. That is Protection of Investment, with Annex we drink is safe and clean. In the past, the best, most defensible path to regu- and Protocol, signed at Washington on this effort has been embraced by lead- latory reform, because it does not sac- January 13, 1995. I transmit also, for ers Republican and Democratic. Wheth- rifice the environmental, health, and the information of the Senate, the re- er it was President Nixon, Ford, safety standards that American fami- port of the Department of State with Carter, Reagan, Bush, or President lies have a right to expect and demand respect to this Treaty. Clinton, this Nation has realized great from their Government. The bilateral investment Treaty benefits from an extraordinary bipar- Mr. President, I can state with some (BIT) with Latvia will protect U.S. in- tisan commitment on these matters. confidence that no Member of this body vestors and assist Latvia in its efforts Mr. President, last year 2-year-old will argue for a regulatory status quo. to develop its economy by creating Cullen Mack of my home State of No Member of this body believes that conditions more favorable for U.S. pri- South Dakota fell ill from eating beef every Federal rule is sacred. No Mem- vate investment and thus strength- contaminated with the E. coli bacteria. ber will defend every law we’ve passed ening the development of the private As a result of experiences like Cullen’s, as perfect in its real-world application. sector. I held a number of hearings in the Ag- There are too many regulations in gen- The Treaty is fully consistent with riculture Committee and the Depart- eral, and, in particular, too many that U.S. policy toward international and ment of Agriculture developed regula- make no sense. domestic investment. A specific tenet tions which would help prevent It is my strong hope that during this of U.S. policy, reflected in this Treaty, recurrences of this problem. The rules debate, we can come to agreement on a is that U.S. investment abroad and for- would modernize the meat inspection bipartisan regulatory reform bill that eign investment in the United States process, using sensitive scientific tech- achieves serious, meaningful change, should receive national treatment. niques to detect contamination and but does so recognizing the budgetary Under this Treaty, the Parties also prevent spoiled meat from making its realities facing the Federal Govern- agree to international law standards way into our food supply. ment, recognizing the desire to prevent for expropriation and compensation for This much-awaited rule will be held unnecessary and expensive litigation, expropriation; free transfer of funds as- up by this bill. It will be delayed and and recognizing the fundamental im- sociated with investments; freedom of perhaps even stopped. That is unac- portance of ensuring that Federal investments from performance require- ceptable and represents one of the agencies should be able to issue those ments; fair, equitable, and most-fa- problems with this bill in its current commonsense regulations which pro- vored-nation treatment; and the inves- form. tect public health and safety, the envi- tor’s or investment’s freedom to choose In its attempt to reform the regu- ronment, and other matters that most to resolve disputes with the host gov- latory process, the bill overreaches—I of us agree should be the subject of re- ernment through international arbitra- believe, to the long-term detriment to sponsible Federal oversight. tion. the American people, including busi- Mr. President, I yield the floor. I recommend that the Senate con- nesses. In South Dakota as in many f sider this Treaty as soon as possible, other States, not only will the public MORNING BUSINESS and give its advice and consent to rati- benefit from tough new meat inspec- fication of the Treaty, with Annex and tion rules, but so will the farmers and Mr. HATCH. Mr. President, I ask Protocol, at an early date. ranchers who raise the livestock and unanimous consent that there be a pe- WILLIAM J. CLINTON. who benefit from the assurance that riod for the transaction of morning THE WHITE HOUSE, July 10, 1995. their products will reach the market in business with Senators permitted to the best condition possible. The Senate speak for up to 10 minutes each. To the Senate of the United States: should not support a process that The PRESIDING OFFICER. Without With a view to receiving the advice would compromise that objective. objection, it is so ordered. and consent of the Senate to ratifica- I want to make clear that I’m not The PRESIDING OFFICER. The Sen- tion, I transmit herewith the Treaty suggesting that somehow the pro- ator from Utah is recognized. Between the Government of the United ponents of S. 343 are advocating the f States of America and the Government degradation of our environment, or of the Republic of Georgia Concerning have set out to contaminate our drink- REMOVAL OF INJUNCTION OF SE- the Encouragement and Reciprocal ing water, or that they are uncon- CRECY—TREATY DOCUMENT NOS. Protection of Investment, with Annex, cerned with a child’s potential expo- 104–12 AND 104–13 signed at Washington on March 7, 1994. sure to toxins. But passage of this bill Mr. HATCH. As in executive session, I transmit also, for the information of will make those results more likely. I ask unanimous consent that the in- the Senate, the report of the Depart- And that is not a result that I can en- junction of secrecy be removed from ment of State with respect to this dorse. the Investment Treaty with Latvia Treaty. I know that some of my colleagues (Treaty Document No. 104–12) and the The bilateral investment Treaty will be taking the floor to make that Investment Treaty with Georgia (Trea- (BIT) with Georgia was the eighth such case in detail, and to offer amendments ty Document No. 104–13) transmitted to treaty between the United States and a which will attempt to ameliorate the the Senate by the President on July 10, newly independent state of the former most harmful provisions of the bill. 1995; and the treaties considered as Soviet Union. The Treaty is designed And I know that some of my demo- having been read the first time; re- to protect U.S. investment and assist cratic colleagues have signed onto S. ferred, with accompanying papers, to the Republic of Georgia in its efforts to 343. the Committee on Foreign Relations develop its economy by creating condi- I also want to make it clear that and ordered to be printed; and ordered tions more favorable for U.S. private there is a better alternative and that a that the President’s messages be print- investment and thus strengthen the de- number of amendments will be offered ed in the RECORD. velopment of its private sector.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9638 CONGRESSIONAL RECORD — SENATE July 10, 1995 The Treaty is fully consistent with communities. The results are timely, ty; it has 175 employees engaged in U.S. policy toward international and lively, and intellectually provocative. high-technology manufacturing and re- domestic investment. A specific tenet In short, they’re much like public search work. The main product manu- of U.S. policy, reflected in this Treaty, broadcasting. factured by Kabi Pharmacia in Clayton is that U.S. investment abroad and for- WILLIAM J. CLINTON. is intralipid, a unique intravenous feed- eign investment in the United States THE WHITE HOUSE, July 10, 1995. ing solution. Kabi must import a key, should receive national treatment. f unique intralipid ingredient—pharma- Under this Treaty, the Parties also ceutical-grade, FDA-approved egg yolk agree to international law standards INTRODUCTION OF BILLS AND phospholipid, because it is made only for expropriation and compensation for JOINT RESOLUTIONS by Kabi’s parent company in Sweden. expropration; free transfer of funds re- The following bills and joint resolu- The duty on Kabi’s phospholipid was lated to investments; freedom of in- tions were introduced, read the first set at 1.5 percent in the 1970’s when vestments from performance require- and second time by unanimous con- Kabi began operations in Clayton. Be- ments; fair, equitable, and most-fa- sent, and referred as indicated: ginning in March 1991, the uninten- vored-nation treatment; and the inves- By Mr. HELMS: tional HTS reclassification of the tor of investment’s freedom to choose S. 1015. A bill to provide for the liquidation phospholipid more than tripled this to resolve disputes with the host gov- or reliquidation of certain entries of pharma- duty, a situation that could not be cor- ernment through international arbitra- ceutical grade phospholipids; to the Com- rected in the GATT agreement because tion. mittee on Finance. it is a matter of U.S. law—which, of I recommend that the Senate con- By Mr. KERRY (for himself and Mr. course, only Congress can change. KENNEDY): Mr. President, my legislation would sider this Treaty as soon as possible, S. 1016. A bill to authorize the Secretary of and give its advice and consent to rati- Transportation to issue a certificate of docu- return the rate on the phospholipid to fication of the Treaty, with Annex, at mentation with the appropriate endorsement 1.5 percent for the period from March an early date. for employment in the coastwise trade for 29, 1991, until January 1, 1995, when the WILLIAM J. CLINTON. the vessel Magic Carpet; to the Committee on duty for Kabi’s phospholipid and other THE WHITE HOUSE, July 10, 1995. Commerce, Science, and Transportation. pharmaceutical components and prod- S. 1017. A bill to authorize the Secretary of ucts became zero under the GATT f Transportation to issue a certificate of docu- agreement, and refund the unintended MESSAGES FROM THE PRESIDENT mentation with the appropriate endorsement duty increase. The amount of the unin- for employment in the coastwise trade for Messages from the President of the the vessel Chrissy; to the Committee on Com- tended duty increase is $396,779.16. United States were communicated to merce, Science, and Transportation. Mr. President, there has been no dis- the Senate by Mr. Thomas, one of his By Mr. HELMS: agreement that the duty increase on secretaries. S. 1018. A bill for the relief of Clarence P. Kabi’s phospholipid was unintended Stewart; to the Committee on Governmental and unwarranted. Simple fairness em- f Affairs. phasizes the need for the legislation I EXECUTIVE MESSAGES REFERRED By Mr. BAUCUS: offer today. The correction of the erro- S. 1019. A bill to direct the United States As in executive session the Presiding neous HTS reclassification must be ret- Fish and Wildlife Service to examine the im- roactive in order that there can be an Officer laid before the Senate messages pacts of whirling disease, and other parasites from the President of the United and pathogens, on trout in the Madison equitable redress. It is a matter of sim- States submitting sundry nominations River, Montana, and similar natural habi- ple fairness and equity. which were referred to the appropriate tats, and for other purposes; to the Com- I ask unanimous consent that the committees. mittee on Environment and Public Works. text of this legislation (S. 1015) be (The nominations received today are By Mr. COVERDELL: printed in the RECORD. S. 1020. A bill to establish the Augusta There being no objection, the bill was printed at the end of the Senate pro- Canal National Heritage Area in the State of ordered to be printed in the RECORD, as ceedings.) Georgia, and for other purposes; to the Com- follows: mittee on Energy and Natural Resources. f S. 1015 By Mr. FEINGOLD: ANNUAL REPORT OF THE COR- S.J. Res. 37. A joint resolution dis- Be it enacted by the Senate and House of Rep- PORATION FOR PUBLIC BROAD- approving the extension of nondiscrim- resentatives of the United States of America in CASTING—MESSAGE FROM THE inatory treatment (most-favored-nation Congress assembled, PRESIDENT—PM 62 treatment) to the products of the People’s SECTION 1. PHARMACEUTICAL GRADE Republic of China; to the Committee on Fi- PHOSPHOLIPIDS. The PRESIDING OFFICER laid be- nance. Notwithstanding section 514 of the Tariff fore the Senate the following message Act of 1930 (19 U.S.C. 1514) or any other provi- from the President of the United f sion of law, upon proper request filed with States together with an accompanying STATEMENTS ON INTRODUCED the Customs Service not later than 90 days report; which was referred to the Com- BILLS AND JOINT RESOLUTIONS after the date of the enactment of this Act, any entry, or withdrawal from warehouse for mittee on Commerce, Science, and By Mr. HELMS: consumption, of pharmaceutical grade Transportation: S. 1015. A bill to provide for the liq- phospholipids that— To the Congress of the United States: uidation or reliquidation of certain en- (1) was made under subheading 2923.20.00 of tries of pharmaceutical grade the Harmonized Tariff Schedule of the In accordance with the Communica- United States; tions Act of 1934, as amended (47 U.S.C. phospholipids; to the Committee on Fi- (2) with respect to which a lower rate of 396(i)), I transmit herewith the Annual nance. duty would have applied if such entry or Report of the Corporation for Public LEGISLATION CORRECTING THE withdrawal had been made under subheading Broadcasting (CPB) for Fiscal Year 1994 RECLASSIFICATION OF PHOSPHOLIPIDS 2923.20.10 or 2923.20.20 of such Schedule; and and the Inventory of the Federal Funds Mr. HELMS. Mr. President, today I (3) was made after March 29, 1991, and be- fore January 1, 1995; Distributed to Public Telecommuni- once again offer legislation to correct cations Entities by Federal Depart- an obviously unintended and mistaken shall be liquidated or reliquidated as if such lower rate of duty applied to such entry or ments and Agencies: Fiscal Year 1994. reclassification of pharmaceutical- withdrawal. Since 1967, when the Congress created grade, FDA-approved egg yolk the Corporation, CPB has overseen the phospholipid by HTS, the Harmonized By Mr. KERRY (for himself and growth and development of quality Tariff Classification System. Another Mr. KENNEDY): services for millions of Americans. provision of this legislation has been S. 1016. A bill to authorize the Sec- This year’s report, entitled ‘‘Amer- accomplished in the Uruguay round retary of Transportation to issue a cer- ican Stories,’’ is a departure from pre- GATT agreement. tificate of documentation with the ap- vious reports. It profiles people whose Kabi Pharmacia is a U.S. company in propriate endorsement for employment lives have been dramatically improved Clayton, NC. Kabi has become a lead- in the coastwise trade for the vessel by public broadcasting in their local ing employer in rural Johnston Coun- Magic Carpet; to the Committee on

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9639 Commerce, Science, and Transpor- tions of the Jones Act which prohibit for review with the MSPB, but that too tation. vessels from operating in coastwise was denied. Mr. Stewart, therefore, has JONES ACT WAIVER LEGISLATION trade without proper documentation of exhausted all possible avenues of ad- Mr. KERRY. Mr. President, I am its chain of ownership. The vessel was ministrative review. pleased to join my colleague, the dis- built 83 years ago in Maine, but along Mr. Stewart is a North Carolina cit- tinguished senior Senator from Massa- the way the documentation has been izen who gave years of faithful service chusetts, in introducing a bill to allow lost. It is my hope that a document to his State and country. He was the vessel Magic Carpet to be employed will be issued which will allow the wrongfully removed from his job as in coastwise trade of the United States. owner to start a small business, a char- North Carolina State Director of the This boat has a relatively small pas- ter boat operation, seasonally taking Agricultural Stabilization and Con- senger capacity, carrying up to 6 pas- people out of Gloucester. servation Service. At the time, he was sengers on a charter business based out I hope and trust the Senate will told he had no right to appeal the dis- of Martha’s Vineyard, MA. The purpose agree and will speedily approve the bill missal when, as a decorated veteran of this bill is to waive those sections of being introduced today. who served his country valiantly in the Jones Act which prohibit foreign- World War II, he had a very real right made vessels from operating in coast- By Mr. HELMS: to appeal. Mr. President, I doubt that wise trade. The waiver is necessary be- S. 1018. A bill for the relief of Clar- any of our colleagues believe that this cause, under the law, a vessel is consid- ence P. Stewart; to the Committee on good man should be punished for hav- ered foreign-made unless all major Governmental Affairs. ing taken the word of his superior. components of its hull and super- THE CLARENCE P. STEWART RELIEF ACT But for his superior’s mistake, Mr. structure are fabricated in the United Mr. HELMS. Mr. President, today I Stewart would have filed a timely ap- States and the vessel is assembled en- offer a private bill to direct the Sec- peal and would have prevailed just as tirely in the United States. This vessel retary of Agriculture to right a wrong the other 24 appellants did in the was originally built in a foreign ship- committed against a dedicated public Blalock case. Mr. President, I do hope yard in 1959, but since then has been servant. that in the interest of equity Mr. Stew- owned and operated by American citi- Clarence P. Stewart of Lillington, art will receive the same benefits that zens. The owners of Magic Carpet have NC, served 23 years with the Agricul- were afforded the other State Direc- invested substantially more than the tural Stabilization and Conservation tors. Service [ASCS] at the Department of cost of building the boat in making re- By Mr. BAUCUS: Agriculture. In April 1981, Mr. Stewart pairs to it and maintaining it—in S. 1019. A bill to direct the U.S. Fish American shipyards with American was North Carolina State Executive and Wildlife Service to examine the products. This particular vessel is also Director when, during the transition to impacts of whirling disease, and other of some historical value—Magic Carpet a new administration, the ASCS de- parasites and pathogens, on trout in is a classic wooden yawl—few of these cided to remove all State Executive Di- the Madison River, MT, and similar vessels still exist today and very few rectors as part of an what the Depart- natural habitats, and for other pur- operate along the east coast. The own- ment described as a reduction-in-force poses. [RIF]. ers wish to start a small business, a WHIRLING DISEASE RESPONSE ACT OF 1995 Mr. Stewart considered appealing the charter boat operation, seasonally tak- Mr. BAUCUS. Mr. President, in ‘‘A ASCS decision but was told by his su- ing people out of Martha’s Vineyard. River Runs Through It,’’ Norman perior at the ASCS not to bother, that After reviewing the facts in the case Maclean wrote, ‘‘in our family, there of the Magic Carpet, I find that this he had no right to appeal the dismissal was no clear line between religion and waiver does not compromise our na- action. Unfortunately, Mr. Stewart ac- flyfishing.’’ tional readiness in times of national cepted this information at face value These words sum up the way we Mon- emergency, which is the fundamental and did not appeal the ASCS decision. tanans feel about our blue ribbon trout purpose of the Jones Act requirement. Mr. President, years later, Mr. Stew- streams. Great flyfishermen—men like While I generally support the provi- art learned that, as a veteran, he did in Bud Lily and Dan Bailey—are legends sions of the Jones Act, I believe the fact have a right to appeal his dis- in Montana. And Montana rivers—the specific facts in this case warrant a missal from the ASCS. He also learned Madison, Yellowstone, Missouri, Big- waiver to permit the Magic Carpet to that 24 other State Executive Directors horn, and Bighole—are the heart and engage in coastwise trade. I hope and who had been dismissed at the same soul of our State. We mark our cal- trust the Senate will agree and will time as Stewart had appealed their dis- endars and plan our weekends around speedily approve the bill being intro- missals to the Merit Systems Protec- caddis and stone fly hatches or peak duced today. tions Board and they had won. In this grasshopper season. These outstanding appeal, known as the Blalock case, the trout streams are in large part what By Mr. KERRY (for himself and Merit Systems Protection Board found makes Montana ‘‘the last best place.’’ Mr. KENNEDY): that the State Directors had in fact But these rivers hold more that rec- S. 1017. A bill to authorize the Sec- been removed for cause rather than reational value for Montanans. Fishing retary of Transportation to issue a cer- separated pursuant to RIF and as a re- is big business. It is the engine that tificate of documentation with the ap- sult could be removed only if they were drives the economies of many commu- propriate endorsement for employment given advance notice and an oppor- nities throughout Montana. In fact, the in the coastwise trade for the vessel tunity to reply. The Merit Systems net economic value of fishing in Mon- Chrissy; to the Committee on Com- Protection Board ordered the Depart- tana is estimated to be nearly $300 mil- merce, Science, and Transportation. ment of Agriculture to reinstate, retro- lion a year. JONES ACT WAIVER LEGISLATION actively, the appellants to their posi- The discovery of whirling disease on Mr. KERRY. Mr. President, I am tions. the Madison River in late 1994 puts pleased to join my colleague, the dis- Although none of the appellants ac- Montana’s wild trout fishery at great tinguished senior Senator from Massa- tually returned to work, the Depart- risk. Whirling disease is a parasite that chusetts, in introducing a bill to allow ment of Agriculture, as part of a settle- attacks the cartilage of young trout, the vessel Chrissy to be employed in ment agreement, gave each appellant 1 particularly rainbow trout. Its impact coastwise trade of the United States. year and 10 months salary and recom- has been devastating to rainbow trout This boat has a relatively small pas- puted retirement benefits based on this populations on the Madison River, senger capacity, carrying up to 6 pas- increased salary. where whirling disease has caused a 90- sengers on a charter business based out Once Mr. Stewart learned of the percent decline in the last 3 years. of Gloucester, Massachusetts. Chrissy is Blalock decision he filed an appeal Whirling disease has also been de- a historical vessel, built in 1912 in with the Merit Systems Protection tected in four other Montana river Friendship, Maine and is one of the last Board. Because his appeal was filed drainages as well as in Nevada, Oregon, remaining Friendship sloops. The pur- late, the MSPB dismissed Mr. Stew- Idaho, California, Colorado, Wyoming, pose of this bill is to waive those sec- art’s appeal. He then filed a petition and Utah.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9640 CONGRESSIONAL RECORD — SENATE July 10, 1995 Montana has taken the challenge of amendment to the 1974 Omnibus Trade Pacific Affairs Winston Lord and As- fighting whirling disease head on. Act establishing a linkage between sistant Secretary of State for Human Flyfishermen, scientists, State and human rights and most-favored-nation Rights and Humanitarian Affairs John Federal officials have joined together [MFN] trade status for nonmarket Shattuck have said publicly that the to learn more about this disease and economies. The legislation was largely human rights situation has not im- find solutions. Today, I am introducing responsible, in my view, for the fan- proved in China. The State Depart- legislation that will better equip con- tastic success of United States efforts ment’s own 1994 report acknowledges cerned Montanans to effectively deal to secure the freedom of movement for that ‘‘In 1994, there continued to be with whirling disease and minimize its over 1 million Jews and other per- widespread and well-documented impacts to our world class wild trout secuted minorities from the Soviet human rights abuses in China.’’ From fisheries. Union. the events of the last 6 months, in fact, The Whirling Disease Response Act Since 1989, when the Chinese military one can only conclude that the situa- of 1995 focuses on three objectives: co- brutally gunned down hundreds of pro- tion has worsened—even with MFN and ordination, containment, and research. tectors in Tianmen Square and cracked robust trade. First, the Whirling Disease Response down on the blossoming dissident The Chinese Government continues Act coordinates all existing data and movement in China, there have been to exercise significant control on oppo- research conducted to date on whirling efforts to link Chinese MFN to human sition and dissent; to abuse systemati- disease. The act requires the U.S. Fish rights improvements. cally is prisoners, including the use of and Wildlife Service to compile, within In 1991, legislation to set conditions slave labor and the alleged organ trans- 180 days, a report that summarizes all for the extension of MFN to China was plant of executed prisoners; and to im- efforts to date with respect to whirling passed by overwhelming majorities in pose harsh regulations in Tibet, while disease, to identify gaps in the avail- both the House and the Senate, only to refusing to engage in any dialog with able scientific information, and to be vetoed by President Bush. The Nobel Peace prize laureate the Dalai make recommendations as to how the House overrode the veto, but the Sen- Lama. Federal Government can be a more ef- ate sustained it by a mere one vote. In fective partner to States confronted In the last 2 months alone, several 1992 Congress again passed bills to re- prominent intellectuals have been de- with whirling disease. voke MFN status for products manu- Second, the act requires the U.S. tained while their homes have been factured by Chinese state-owned com- searched simply for signing petitions in Fish and Wildlife to modify the Ennis panies. President Bush vetoed that as Fish Hatchery so that it is a complete support of more political openness. well, and once again the Senate sus- More have been taken into custody and containment facility. This hatchery is tained the veto. critically important to wild trout re- interrogated about their activities. When President Clinton came to of- Some have been questioned, released, search as well as to maintaining fice in 1993, he issued an Executive healthy trout fisheries throughout the and then sent away from Beijing, while order specifying seven areas in which others have just disappeared, including United States. The U.S. Fish and Wild- the Chinese would need to make ‘‘sig- life Service must make sure that this China’s most prominent dissident, Wei nificant progress’’ if MFN were to be Jeisheing, whose whereabouts since hatchery is not infected with whirling extended in 1994. I was one of those who disease or any other water borne para- February are unknown, except to the strongly condemned the action of the extent that he is confirmed to be in po- site. administration when it abandoned this Third, and most important, this act lice custody. Two weeks ago, Chen position in 1994, because I believe it un- requires the U.S. Fish and Wildlife Ziming, another well-known prodemoc- dermined the President’s own credi- Service to significantly increase its racy activist, was suddenly reimpris- bility on human rights, and relegated role in whirling disease research. As oned after being released on a medical debilitating as this disease is, rel- U.S. human rights advocacy from a parole last year. policy with teeth to one of rhetoric and atively little is known about how to Stricter security laws have been symbolism. For the same reasons, I am stop its spread. The U.S. Fish and Wild- adopted by the Politburo, and Beijing disappointed that despite a year in life Service must make the fight seems intent on limiting access of Chi- which freedoms further diminished in against whirling disease a top priority. nese citizens to the tens of thousands China, President Clinton announced on They must work with affected States, of international nongovernmental or- June 2 that he would seek to extend universities, and sportsmen toward a ganizations that will be in China this MFN status to China again this year. solution on whirling disease. This act September for the U.N. Fourth World makes whirling disease research a pri- I am most outraged, though, Mr. President, that the United States Conference on Women. ority for the U.S. Fish and Wildlife As the leader of the free world, the Service. would even consider extending MFN to China at precisely the moment that United States has the responsibility to While Montana has a significant work to protect human rights world- stake in fighting whirling disease, it is the Chinese have arrested a prominent human rights activist and American wide. The most recent action of the not alone—19 other States are im- Chinese Government against an Amer- pacted by whirling disease. It is in citizen, Mr. Henry Wu, and threatened to try him for espionage and subject ican citizen makes it a personal issue America’s best interest that we work for many us. aggressively to minimize the impact him to the death penalty. This is yet On June 19 Mr. Harry Wu entered whirling disease has on our trout fish- another disgraceful mark on China’s northwest China, with a legal Chinese eries. I look forward to working with human rights record, and will hope- visa and with a valid United States my colleagues from other affected fully compel us to respond finally with passport, and was immediately de- States to see that we make headway in the toughest human rights policy pos- tained by Chinese officials. For several minimizing the impact whirling dis- sible. days, China refused to confirm that it ease has on America’s blue ribbon Mr. President, that is why I am in- was in fact holding an American cit- trout streams. troducing today a joint resolution of disapproval, consistent with the Jack- izen, and in effect denied United States By Mr. FEINGOLD: son-Vanik amendment of 1974, of the officials the access to our citizens that S.J. Res. 37. A joint resolution dis- extension of nondiscriminatory treat- is supposedly protected under a United approving the extension of nondiscrim- ment to products of the People’s Re- States-China Consular Convention. A inatory treatment—most-favored-na- public of China. U.S. diplomat was even sent on a wild tion treatment—to the products of the There is no evidence, Mr. President, goose chase throughout the northwest People’s Republic of China; to the Com- that the granting of unconditional provinces earlier this month in search mittee on Finance. MFN status to China—an element of a of Mr. Wu. DISAPPROVAL OF MOST-FAVORED-NATION so-called policy of ‘‘constructive en- The announcement this weekend that STATUS FOR CHINA gagement’’—has improved China’s Mr. Wu is going to be tried as a spy and Mr. FEINGOLD. Mr. President in 1974 human rights behavior at all. Both As- potentially subject to the death pen- Congress passed the Jackson-Vanik sistant Secretary of State for Asia and alty is the one of the most egregious

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9641 violations I can think of. After spend- of 1974 recommended by the President to the manent the section 170(e)(5) rules per- ing 19 years in Chinese prison camps, Congress on June 2, 1995, with respect to the taining to gifts of publicly-traded and then seeking refuge in the United People’s Republic of China. stock to certain private foundations, States, Mr. Wu has been actively re- f and for other purposes. searching the abuse of Chinese pris- ADDITIONAL COSPONSORS S. 917 oners, including the trade of human At the request of Mr. DOMENICI, the body parts from executed prisoners to S. 44 name of the Senator from Georgia [Mr. party officials. He has produced a film At the request of Mr. REID, the name NUNN] was added as a cosponsor of S. which was aired on the British Broad- of the Senator from Arizona [Mr. KYL] 917, a bill to facilitate small business casting Corp., published articles on the was added as a cosponsor of S. 44, a bill involvement in the regulatory develop- subject, and testified before congres- to amend title 4 of the United States ment processes of the Environmental sional committees. He has publicized Code to limit State taxation of certain Protection Agency and the Occupa- what can happen when the State has pension income. tional Safety and Health Administra- the will and instruments to take these S. 254 tion, and for other purposes. actions, and has fought to halt this At the request of Mr. LOTT, the name S. 939 gruesome practice in China. of the Senator from Vermont [Mr. At the request of Mr. SMITH, the Mr. President, no one can possibly be LEAHY] was added as a cosponsor of S. name of the Senator from Missouri deceived into thinking that Mr. Wu 254, a bill to extend eligibility for vet- [Mr. ASHCROFT] was added as a cospon- was arrested by Chinese officials for erans’ burial benefits, funeral benefits, sor of S. 939, a bill to amend title 18, any other reason except to silence him. and related benefits for veterans of cer- United States Code, to ban partial- He is being threatened with death for tain service in the United States mer- birth abortions. uncovering horrid human rights abuses chant marine during World War II. in China. The U.S. and international S. 949 S. 256 reactions must be anything but muted At the request of Mr. GRAHAM, the At the request of Mr. DOLE, the or conciliatory. name of the Senator from Colorado names of the Senator from New York Earlier this year, the administration [Mr. BROWN] was added as a cosponsor [Mr. D’AMATO] and the Senator from was willing to play hardball with trade of S. 949, a bill to require the Secretary New Hampshire [Mr. GREGG] were when it came to Chinese piracy of soft- of the Treasury to mint coins in com- added as cosponsors of S. 256, a bill to ware, and threatened to impose $1 bil- memoration of the 200th anniversary of amend title 10, United States Code, to lion worth of sanctions against prod- the death of George Washington. establish procedures for determining ucts of specific state-owned industries. S. 959 the status of certain missing members The threat worked, and the United At the request of Mr. HATCH, the of the Armed Forces and certain civil- States achieved its goals. I would en- names of the Senator from Louisiana ians, and for other purposes. treat the administration to address the [Mr. BREAUX] and the Senator from plight of a human being just as seri- S. 327 Utah [Mr. BENNETT] were added as a co- ously. At the request of Mr. HATCH, the sponsors of S. 959, a bill to amend the My joint resolution is intended to name of the Senator from Indiana [Mr. Internal Revenue Code of 1986 to en- send the message that we cannot have LUGAR] was added as a cosponsor of S. courage capital formation through re- business as usual with China when 327, a bill to amend the Internal Rev- ductions in taxes on capital gains, and human rights advocates, such as Harry enue Code of 1986 to provide clarifica- for other purposes. Wu, are under the threat of death. In tion for the deductibility of expenses S. 969 my view, MFN should not have been incurred by a taxpayer in connection at the request of Mr. BRADLEY, the extended to China this year at all given with the business use of the home. name of the Senator from California its human rights record, but now, espe- S. 426 [Mrs. BOXER] was added as a cosponsor cially, we cannot offer conciliations of At the request of Mr. SARBANES, the of S. 969, a bill to require that health this kind. name of the Senator from New Jersey plans provide coverage for a minimum China’s human rights record is dete- [Mr. BRADLEY] was added as a cospon- hospital stay for a mother and child riorating, despite MFN, and there is sor of S. 426, a bill to authorize the following the birth of the child, and for little, if no, evidence that economic en- Alpha Phi Alpha Fraternity to estab- other purposes. gagement is improving the human lish a memorial to Martin Luther King, S. 1009 rights situation in China, as was ear- Jr., in the District of Columbia, and for At the request of Mr. D’AMATO, the lier promised. Though China’s economy other purposes. name of the Senator from Connecticut is expanding brilliantly, political S. 588 [Mr. LIEBERMAN] was added as a co- change is not coming: in fact, the Chi- At the request of Mr. DASCHLE, the sponsor of S. 1009, a bill to prohibit the nese Government appears to be doing name of the Senator from Illinois [Mr. fraudulent production, sale, transpor- everything within its power to ensure SIMON] was added as a cosponsor of S. tation, or possession of fictitious items that economic development does not 588, a bill to amend the Employee Re- purporting to be valid financial instru- bring political liberalization. If any- tirement Income Security Act of 1974 ments of the United States, foreign thing, the Chinese need MFN to con- with respect to rules governing litiga- governments, States, political subdivi- tinue the trade and investment on tion contesting termination or reduc- sions, or private organizations, to in- which its economic development de- tion of retiree health benefits. crease the penalties for counterfeiting pends. For this reason, we must use S. 607 violations, and for other purposes. MFN as a lever to protect human At the request of Mr. WARNER, the f rights in China, and an American name of the Senator from Nebraska human rights crusader who is facing AMENDMENTS SUBMITTED [Mr. EXON] was added as a cosponsor of death. S. 607, a bill to amend the Comprehen- I ask unanimous consent that the sive Environmental Response, Com- text of resolution be printed in the COMPREHENSIVE REGULATORY pensation, and Liability Act of 1980 to RECORD. REFORM ACT OF 1995 clarify the liability of certain recy- There being no objection, the joint cling transactions, and for other pur- resolution ordered to be printed in the poses. ABRAHAM (AND OTHERS) RECORD, as follows: S. 789 AMENDMENT NO. 1490 S.J. RES. 37 At the request of Mr. CHAFEE, the Mr. ABRAHAM (for himself, Mr. Resolved by the Senate and House of Rep- resentatives of the United States of America in name of the Senator from New York DOLE, Mr. KYL, Mr. GRAMS, Mr. NICK- Congress assembled, That the Congress does [Mr. D’AMATO] was added as a cospon- LES, and Mr. HATCH) proposed an not approve the extension of the authority sor of S. 789, a bill to amend the Inter- amendment to amendment No. 1487 contained in section 402(c) of the Trade Act nal Revenue Code of 1986 to make per- proposed by Mr. DOLE to the bill (S.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9642 CONGRESSIONAL RECORD — SENATE July 10, 1995 343) to reform the regulatory process, LATORY FLEXIBILITY ACT.—Section 605(b), of ADDITIONAL STATEMENTS and for other purposes; as follows: title 5, United States Code, is amended to read as follows: (a) On page 27, line 13, strike ‘‘subsection’’ and insert ‘‘subsections’’; and (b) on page 27, ‘‘(b) Sections 603 and 604 of this title shall ROTH AMENDMENT NO. 1444 TO S. line 13, after ‘‘(c)’’, insert ‘‘and (e)’’; and (c) not apply to any rule if the head of the agen- 440, THE FEDERAL HIGHWAY BILL cy certifies that the rule will not, if promul- on page 30, before line 10, insert the fol- ∑ Mr. STEVENS. Mr. President, I wish lowing: gated, have a significant economic impact on a substantial number of small entities. If the to ask the distinguished Senator from ‘‘(e) REVIEW OF RULES AFFECTING SMALL Delaware if he would describe the im- BUSINESSES.—(1) Notwithstanding subsection head of the agency makes a certification (a)(1), any rule designated for review by the under the preceding sentence, the agency pact on Alaska of the adoption of his Chief Counsel for Advocacy of the Small shall publish such certification, along with a amendment No. 1444 to the Federal Business Administration with the concur- succinct statement providing the factual highway bill, S. 440? rence of the Administrator for the Office of reasons for such certification, in the Federal Mr. ROTH. I would be pleased to do Information and Regulatory Affairs, or des- Register along with the general notice of so, as I know of the considerable inter- ignated for review solely by the Adminis- proposed rulemaking for the rule. The agen- est of the Senator from Alaska in con- cy shall provide such certification and state- trator of the Office of Information and Regu- tinuing to see to it that the Alaska latory Affairs, shall be included on the next- ment to the Chief Counsel for Advocacy of the Small Business Administration.’’. Railroad remains one of the premier published subsection (b)(1) schedule for the transportation systems for Alaska. The agency that promulgated it. (2) TECHNICAL AND CLARIFYING AMEND- ‘‘(2) In selecting rules to designate for re- MENTS.—Section 612 of title 5, United States adoption of amendment No. 1444 au- view, the Chief Counsel for Advocacy of the Code, is amended— thorizes any State that does not have Small Business Administration and the Ad- (A) in subsection (a) by striking ‘‘the Com- Amtrak service as of the legislation’s ministrator of the Office of Information and mittees on the Judiciary of the Senate and enactment date, to use the mass tran- Regulatory Affairs shall, in consultation the House of Representatives, the Select sit account of the highway trust fund with small businesses and representatives Committee on Small Business of the Senate, for capital improvements to, and oper- thereof, consider the extent to which a rule and the Committee on Small Business of the ating support for, intercity passenger subject to sections 603 and 604 of the Regu- House of Representatives’’ and inserting rail service. This means that conges- latory Flexibility Act, or any other rule ‘‘the Committees on the Judiciary and Small meets the criteria set forth in paragraph Business of the Senate and House of Rep- tion, mitigation, and air quality funds, (a)(2). resentatives’’; and as well as Surface Transportation Pro- ‘‘(3) If the Administrator of the Office of (B) in subsection (b) by striking ‘‘his views gram funds will be eligible for the Information and Regulatory Affairs chooses with respect to the effect of the rule on State of Alaska to use for its State not to concur with the decision of the Chief small entities’’ and inserting ‘‘views on the railroad. Counsel for Advocacy of the Small Business rule and its effects on small entities’’. Mr. STEVENS. I thank my good Administration to designate a rule for re- On page 72, line 15, strike out ‘‘(e)’’ and in- friend for spelling out the details of the view, the Administrator shall publish in the sert in lieu thereof ‘‘(f)’’. impact of this amendment. It will Federal Register the reasons therefor. Redesignate subsequent subsections ac- come as good news for the Alaska Rail- cordingly. f road Corporation as well as the people of Alaska who rely heavily on this ∑ NUNN (AND OTHERS) AMENDMENT NOTICES OF HEARING unique rail system. f NO. 1491 COMMITTEE ON INDIAN AFFAIRS SALUTE TO THE SPECIAL Mr. NUNN (for himself, Mr. COVER- Mr. MCCAIN. Mr. President, I would DELL, and Mr. INHOFE) proposed an like to announce that the Senate Com- OLYMPICS amendment to the amendment No. 1487 mittee on Indian Affairs will be holding ∑ Mr. DODD. Mr. President, now that proposed by Mr. DOLE to the bill S. 343, a hearing on Thursday, July 13, 1995, the Special Olympics World Games supra; as follows: beginning at 9:30 a.m., in room 485 of have come to a close, I rise to again On page 14, line 10, strike out ‘‘or’’. the Russell Senate Office Building on thank those who made this remarkable On page 14, line 16, add ‘‘or’’ after the semi- S. 479, a bill to provide for administra- event possible. As my colleagues know, colon. tive procedures to extend Federal rec- these games were held July 1–9 in New On page 14, insert between lines 16 and 17 ognition to certain groups. Haven, CT. This tremendous competi- the following new subparagraph: tion brought the world to Connecticut, ‘‘(C) any rule or set of closely related rules, Those wishing additional information not determined to be a major rule pursuant should contact the Committee on In- and I want to take this opportunity to to subparagraph (A) or (B) that the agency dian Affairs at 224–2251. acknowledge some of the individuals proposing the rule determines will have a who made it possible. SUBCOMMITTEE ON OVERSIGHT AND significant economic impact on a substantial Were it not for the dreams and vision INVESTIGATIONS number of small businesses, pursuant to sub- of Eunice Kennedy Shriver, the Special chapter I; Mr. THOMAS. Mr. President, I would Olympics would not exist. This out- On page 39, line 22, strike out ‘‘and’’. like to announce for the information of standing organization has flourished On page 39, line 24, strike out the period the Senate and the public that a hear- since she launched it, and it has left an and insert in lieu thereof a semicolon and ing before the Subcommittee on Over- ‘‘and’’. extraordinary mark on the athletes, sight and Investigations of the Senate their families, their coaches and On page 39, add after line 24 the following Energy and Natural Resources Com- new subparagraph: friends. I applaud Eunice, her husband, ‘‘(C) an agency certification that a rule mittee has been scheduled for Tuesday, Sarge Shriver, and all the members of will not have a significant economic impact July 18, 1995, at 2:30 p.m. The purpose their family who have given so much to on a substantial number of small entities of the hearing is to examine first the Special Olympics throughout the pursuant to section 605(b). amendment activities, including sales years. On page 40, line 5, insert ‘‘and section 611’’ of message-bearing merchandise, on In New Haven, we were fortunate to after ‘‘subsection’’. public lands managed by the National have a member of the Shriver family at On page 68, strike out all beginning with Park Service and the U.S. Forest Serv- the helm of the 1995 World Games. I line 9 through line 11 and insert in lieu ice. thereof the following: congratulate Tim Shriver on a job well ‘‘(A) include in the final regulatory flexi- The hearing will be held in room SD– done. The success of these games is due bility analysis a determination, with the ac- 366 of the Dirksen Senate Office Build- in large part to his hard work, dedica- companying factual findings supporting such ing in Washington, DC. tion and leadership. I know Tim would determination, of why the criteria in para- Those wishing to testify or who wish agree, however, that this great success graph (2) were not satisfied; and to submit written statements should would not have been possible without On page 72, insert between lines 14 and 15 write to the Committee on Energy and the help and support of Chairman Low- the following new subsection: (e) AMENDMENTS TO THE REGULATORY Natural Resources, U.S. Senate, Wash- ell Weicker, the Special Olympics staff, FLEXIBILITY ACT.— ington, DC 20510. For further informa- the hundreds of volunteers and the co- (1) IMPROVING AGENCY CERTIFICATIONS RE- tion, please contact Kelly Johnson or operation and support of the New GARDING NONAPPLICABILITY OF THE REGU- Jo Meuse at (202) 224–6730. Haven community. I thank Mayor

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9643 John Destefano and all the residents of TAX CUTS WORK Cassie Jones was selected for the New Haven for contributing in so many ∑ Mr. ABRAHAM. Mr. President, one of team based on her current soccer tal- ways to this important event. the most frequent questions asked dur- ent, her potential, and her ability to Cities and towns across Connecticut ing the debate over the budget resolu- compete at the international youth were fortunate to serve as host commu- tion was why, in the face of large defi- soccer level. The program, originally nities for delegations from each of the cits, were Republicans insisting on tax founded in 1982, is a non-profit, na- participating countries. This host pro- cuts. The answer is simple: Tax cuts tional soccer club that has earned a na- gram enabled families throughout the work. By allowing Americans to keep tional reputation as America’s leader state to open their homes and their more of what they earn, tax cuts en- in athletic diplomacy and well-rounded hearts to our visitors from abroad. courage economic growth, job creation, play development. This program proved invaluable for the and an increase—not decrease—in reve- A straight-A student at Soddy Daisy hosts and the guests as cultures were nues to the U.S. Treasury. commingled, traditions were shared Middle School, Cassie’s excellence on Following the Reagan tax cuts in the soccer field is matched by her drive and lifelong friendships were forged. I 1981, we witnessed one of the longest and determination in the classroom, as thank each of the communities and economic expansions in the history of well as her interest in other extra- families that offered their hospitality the United States. Over 20 million new curricular activities. In addition to to the world. jobs were created while revenues to the soccer, she is involved in band activi- As with any event of this scale, the Treasury increased dramatically. Just ties, and enjoys reading and playing Special Olympics required significant as importantly, the benefits of the financial support. I am proud to com- Reagan tax cuts were felt by Ameri- softball. mend the many companies in Con- cans from all income classes—rich and This month, Cassie and her Ambas- necticut and throughout the country poor. sador teammates will travel to north- that donated hours of work and mil- Tax cuts enacted this year could ern Europe to represent the United lions of dollars as corporate sponsors of achieve similar results. I am including States in a 2-week soccer tour of Scan- these World Games. a short article by Malcolm S. Forbes, dinavia. Following a high-intensity Most importantly though, I want to Jr. which makes an eloquent case for training session in Denmark, the East- recognize the athletes who competed in reducing the burden on the American West Ambassadors will compete in the the Special Olympics. That is what taxpayer. As Mr. Forbes makes clear, prestigious Gothia Cup tournament in these games are all about. From bowl- Republicans can, and should, cut taxes ing to bocce, soccer to tennis, aquatics Gothenburg, Sweden. The Gothia Cup and balance the budget at the same pits more than 900 teams from 50 coun- to equestrian sports, athletes from time. across the world came together to dem- tries in its competition. From there, FACT AND COMMENT onstrate their strength, dedication and Cassie will return to Denmark for an- MEMO TO THE GOP: THE 1980’S WORKED skill. The athletic abilities of these in- other major tournament, the Dana Cup (By Malcolm S. Forbes Jr.) dividuals are tremendous, and their in Hjorring. Republicans have accepted the notion that ability to overcome obstacles to make the 1980s were a big fiscal mistake, that Ron- Mr. President, I would like to take it to New Haven is even more awesome. ald Reagan was wrong to insist on tax cuts this opportunity to wish Cassie Jones Indeed it is inspiring to see what even in the face of congressional resistance the best of luck as she enters her first each of these individuals has accom- to reducing spending. international competition and embarks plished. It is the athletes, friends, fam- Republicans are now in effect saying that on what could be a very promising soc- ilies and the coaches who dedicated no budget cuts mean no tax cuts. The GOP cer career. I am confident she will rep- has it backwards. Properly structured tax re- themselves to this competition who de- resent the State of Tennessee and the serve our highest commendation. Their ductions would trigger a robust economic ex- pansion, as they did in the 1980s. They should United States well, and I look forward enthusiasm and spirit was infectious, be the center on which budget cuts are struc- to hearing more about her achieve- and we sincerely thank them for shar- tured. Voters would thus see the GOP as the ments, both on and off the soccer field, ing their talent with us during these party of opportunity and growth, not as the in the future.∑ Olympic Games. party of austerity. Growth would also expand All the athletes came together dur- government revenues. f ing the opening ceremonies, one of the Reagan’s much-criticized tax cuts were the most memorable parts of these games. principal catalyst of our longest peacetime I will always remember the proud con- expansion. Federal income tax receipts grew ORDERS FOR TUESDAY, JULY 11, mightily. Even more impressive was the ex- 1995 tingents of athletes from throughout traordinary surge in revenues of state and the world entering the Yale Bowl to local governments. The federal deficits of Mr. HATCH. Mr. President, I ask open the Olympics. They were greeted the 1980s resulted from our unprecedented unanimous consent that when the Sen- by the President of the United States peacetime military buildup—which finally ate completes its business today, it and leaders of countries from El Sal- won the 40-year Cold War for us—and, more stand in recess until the hour of 9 a.m. vador to Botswana and beyond. This important, from Congress’ inability to say on Tuesday, July 11, 1995; that fol- spectacular event signaled the start of no to domestic spending constituencies. If lowing the prayer, the Journal of pro- the World Games and kicked off a week Republicans combine Reagan’s pro-growth tax approach with their antispending pro- ceedings be deemed approved to date, of serious athletic competition and fun. clivities, they will get credit for reviving the The opening ceremonies also the time for the two leaders be re- economy and curbing government. served for their use later in the day, launched a week-long demonstration of Why should Republicans buy their oppo- the ability of the human spirit to soar. nents’ bum raps about what actually hap- and there then be a period for the There are members of every commu- pened when Reagan ruled?∑ transaction of morning business until the hour of 9:45 a.m., with Senators nity who live each day with mental re- f tardation and disabilities. We stopped permitted to speak for up to 10 minutes CASSANDRA JONES SELECTED AS this week to hear them say: ‘‘Watch us. each; further, that at the hour of 9:45 EAST-WEST SOCCER AMBASSADOR We can do great things. We can bring a.m. the Senate resume consideration you together and show you our ∑ Mr. FRIST. Mr. President, today, I of S. 343, the regulatory reform bill. strengths.’’ would like to commend a very special The PRESIDING OFFICER. Without It is a lesson that we are fortunate to young Tennessean for her selection as objection, it is so ordered. have learned. It is a message we should an East-West Soccer Ambassador, an hear loud and clear and one that we all-star team of American youth soccer Mr. HATCH. Mr. President, I further should continue to heed in all that we players ages 12 to 19. At 12 years of age, ask unanimous consent that the Sen- do. In closing, I urge each of you to re- Cassandra Jones of Soddy Daisy is 1 of ate stand in recess between the hours member the Special Olympics athletes’ 15 nationally recruited players selected of 12:30 and 2:15 p.m. for the weekly oath as you confront the challenges in for this all-star team, and one of the policy luncheons to meet. your life: Let me win, but if I cannot youngest national stars to ever com- The PRESIDING OFFICER. Without win, let me be brave in the attempt.∑ pete in this international program. objection, it is so ordered.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9644 CONGRESSIONAL RECORD — SENATE July 10, 1995 PROGRAM sible, that there must be, when a law is laws and regulations relating to clean Mr. HATCH. Mr. President, for the passed, rules promulgated so that law water are not strict enough? About information of all Senators, the Senate is enforced the same for everyone. right? Or too strict?’’ here is how the will resume consideration of the regu- That has caused a lot of problems. people of Nevada feel. Mr. President, 49 latory reform bill tomorrow at 9:45 We have heard, in recent days during percent of the people in Nevada say a.m. Further amendments are expected the debate on this issue, a great deal that the clean water laws and regula- to the bill tomorrow; therefore Sen- about the pros and cons, for example, tions are not strict enough; 34 percent ators should expect rollcall votes about threshold limits; that is, what feel they are about right. Mr. Presi- throughout Tuesday’s session of the dollar value should be in effect before a dent, that is about 85 percent of the Senate. regulation is treated one way as com- people in Nevada who feel that the pared to if it is under that threshold clean water regulations are either just f amount, should it be treated a different right or not strong enough. Only 11 per- ORDER FOR RECESS way. We have been barraged by dec- cent of the people feel that they are larations about rolling back existing too strict. Mr. HATCH. If there is no further rules, and this has caused areas of dis- Clean air—again, 44 percent feel that business to come before the Senate, I agreement. the clean air regulations are not strict now ask that, following the remarks of Within the framework of this debate, enough. Remember, the State of Ne- Senator REID, the Senate stand in re- I have tried to find a commonsense ap- vada has Las Vegas, it has Reno, and cess under the previous order. proach to how we should approach this then the vast majority of the State, The PRESIDING OFFICER. Without most important area of the law, name- areawise, is rural in nature. This takes objection, it is so ordered. ly regulation reform. All too often, in into consideration the views of rural Mr. REID. Mr. President, I ask the issues such as this, it seems that com- Nevadans. Nevadans said that clean air unanimous-consent request be modified mon sense becomes clouded with polit- rules and regulations and laws are not so I be allowed to speak for such time ical agendas, Presidential campaigns, strict enough, to the tune of 44 percent. as I may consume. I will try to do it as congressional campaigns; obscured, Twenty-five percent said they are quickly as possible, but I do not want perhaps, by various ideologies and about right. to be bound by the 10 minutes when smothered in the shouting from the Mr. President, with the environment, there is no one else here on the floor. right and the left. Common sense re- when you ask the question broadly, The PRESIDING OFFICER. Without quires a balance, I think, in reform; a ‘‘Do you feel the laws relating to the objection, it is so ordered. look at what is reasonable and then environment are not strict enough, too The Senator from Nevada. legislation that does not harm the strict, or about right?’’—39 percent f whole to benefit just a few. said they are not strict enough; 29 per- I do not know any Members of this REGULATORY REFORM cent said they are just right. body who would refuse small businesses Food safety: 43 percent of the people Mr. REID. Mr. President, in 1969 the the opportunity to grow and prosper. I of Nevada said they are not strict Cuyahoga River in Ohio caught fire. I know I feel that way because most of enough, 43 percent said they are about repeat, the Cuyahoga River caught fire. the jobs in this country are created by right, and only 8 percent said that food This river was so polluted that it actu- small businesses, not the General Mo- safety regulations are too strict. ally started burning. tors, not the Lockheeds, not the Workplace safety: Again, the same As a result of this, Members of Con- Aerojets, but, rather, small busi- situation, not strict enough, and about gress and the President decided it was nesses—mom and pop stores. In fact, right. Those figures come to about 65 time we did something about the rivers small businesses produce about 85 per- percent. and streams in this country. Following cent of the jobs in the United States. The people of Nevada are very con- that fire, that is a river catching fire, So we must be responsive to how small cerned about food, water, air, and the the Clean Water Act was passed. It has business performs in our country. The environment generally. been 25-plus years since that river better they perform, the more jobs are It is interesting, people in Nevada burned. Since that time, there has been available, the better our country per- were asked the question—that is, peo- a reversal of how the rivers and forms. ple over age 60—‘‘Would you be less streams were. Then, 80 percent of the I have consistently been an advocate likely to vote for someone that tam- rivers and streams were polluted. Now, and have encouraged the stimulation of pered with Medicare or less likely to about 20 percent of the rivers and small businesses. They assume the vote for someone that messed with the streams are polluted. We have made a risks of the marketplace and, as I have environmental laws?’’ Seniors, people lot of progress with the Clean Water already indicated, are the backbone of over 60 years of age, said, ‘‘We would be Act, and that is the subject of this dis- our economy. But the profit of the less likely to vote for someone that cussion tonight. business community should not come tried to weaken environmental laws.’’ We have heard a lot of talk lately at the expense of clean air, clean So I do not think Nevada is unusual. about regulatory reform, and I think it water, and clean food. We cannot ap- I do not know statistically how other is important, because there is no area proach all problems with a dollar fig- States feel other than what I read in in the Federal Government—and as far ure as the principal determination in the Washington Post newspaper yester- as that goes, State government—that the cost-benefit analysis. day, where a writer said that a recent causes people as much concern as regu- Mr. President, as with all of us, we Times-Mirror survey shows that al- lations. They have not only had the have recently returned from our though a large majority of respondents laws to deal with, but in recent years States. Recently being in Nevada, and want most types of regulations rolled the laws propound regulations and the having had a number of town hall back, they make an exception for con- regulations propound all kinds of busi- meetings, I heard from many people ex- servation rules. Seventy-eight percent ness decisions that people have to pressing concern about a rolling back said that Government should do what- make. of regulations that put certain areas ever it takes to protect the environ- It used to be that when we passed a that they were concerned about at ment. So it sounds to me, Mr. Presi- law, or a State government passed a risk, especially the environment. They dent, that nationwide the people feel law, the laws could, in effect, be admin- were concerned also about the cleanli- the same as they do in Nevada. istered differently. If a bureaucrat ness of food and, of course, the safety I am not advocating the existence of wanted to administer the law in one of workers. In fact, a recent poll in Ne- any program, rule, or regulation that part of the country in one way and in vada is very illuminating, as to how does not serve the public good. That another part of the country in another people in Nevada feel. Nevadans do not would not serve anyone’s purpose. In way because of the climatic conditions, believe they are overregulated in the fact, it hinders more than it helps. or whatever other variances there may areas of health and the environment. But I would like to look at what Sen- be, he was able to do that. But the In fact, when you ask the people of the ator John GLENN said when S. 343 was courts have said that is not permis- State of Nevada, ‘‘Do you think that introduced. Senator GLENN, who is the

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 10, 1995 CONGRESSIONAL RECORD — SENATE S9645 ranking member of the Government in the majority, a subcommittee in the has an impact of more than $100 mil- Operations Committee, who has Environment and Public Works Com- lion, this body and the House would worked on this bill in this area of the mittee. It was the Subcommittee on have the opportunity for a legislative law a significant amount, said: Toxic Substances Research and Devel- veto. That regulation would not go Any bill on the subject of regulatory re- opment. I chaired this subcommittee into effect for 45 days. During that 45- form to be deserving of support must pass for a couple of Congresses. We had day period, we would have the oppor- the test that is twofold: Number one, does some really interesting hearings there. tunity to review that. If we did not like the bill support the reasonable, logical, ap- We had hearings that dealt with lead in it, we could wipe that regulation off. It propriate changes to regulatory procedures the environment. And clearly as a re- would not become effective. If it had an that eliminate unnecessary burdens on busi- nesses and individuals? Number two, does sult of those hearings, we focused at- impact of less than $100 million, it the bill maintain the Government’s ability tention on the need to do something would become effective immediately, to protect the health, the safety, and the en- about lead in the environment. We had but we would have 45 days to review vironment of the American people? If the an- physicians testify that it was the most that regulation. If we did not like it, swer to both those questions is yes, then the dangerous condition for young children we could rescind it. bill should be supported. in America. Lead in the environment This is a reasonable, sensible ap- That says it all. I congratulate and affected all people, no matter what proach to regulatory reform. I am applaud Senator GLENN for this state- race and no matter what economic happy to see that the version sub- ment because that is what it is all strata they came from. We focused at- mitted by the majority through Sen- about. tention on this. As a result of that, leg- ator DOLE has this approach in it. Mr. President, I believe that after the islation was passed that was directed That submitted by my friend, the Government has acted on a problem, toward taking lead out of the environ- senior Senator from Ohio, also has a and there is a need for the Government ment. provision similar to this in it. I think to act on that problem, after time has Mr. President, we held hearings on that is important. It recognizes that passed I think it is important that we composite materials. These are the this body by a vote of 100 to nothing in Government look at the action that plastics that are used on airplanes like adopted the Reid-Nickles amendment. was taken by our prior Government. the Stealth fighter plane. We learned In sum, Mr. President, we need a sen- We have to reexamine I believe for effi- that in the workplace, this substance sible approach to regulatory reform. I ciency, and because of that we need a was killing people and making thou- think that we should all keep in mind periodic review. We do not have that. sands of people sick. As a result of the what Senator GLENN has said. I think We should have that. hearings which we held, regulations we would acknowledge what he said is I have introduced legislation pre- were promulgated, workplaces were right. viously that said if Congress authorizes changed, and work conditions were Any bill on the subject of regulatory re- a program, we should reauthorize that changed. We needed to use composite form to be deserving of support must pass a program every 10 years, or it should materials. But we needed to do it safe- test that is twofold. No. 1, does the bill pro- fall. The reason I believe that is impor- ly. vide for reasonable, logical, appropriate tant is we have had some really un- We held hearings on fungicides and changes to regulatory procedures that elimi- usual things happen in this Chamber pesticides on foods learning that some nate unnecessary burdens on businesses and that I am aware of. of them were dangerous. As an exam- on individuals? And, No 2, does the bill main- It was just a year ago that I offered tain the Government’s ability to protect the ple, hearings were held on a substance health, the safety, and the environment of an amendment to do away with the called alar, a substance to make ap- the American people? Tea-Tasting Board—I repeat, the Tea- ples, cherries, and grapes stay on trees That should be the goal that the ma- Tasting Board, costing almost $0.5 mil- longer than they normally would. This jority and the minority work toward lion a year, which had been going on substance is now not used in the United on this legislation. Let us not form for 60, 80, 100 years. We did not need it States. anymore. But it was just going on and We held a significant number of hear- gridlock. Let us work to improve the on and on, like the battery you see on ings, Mr. President, on TOSCA. This is way that the American public must television. Had we had something in a program that we have now in effect deal with these regulations and in the place that would have mandated a re- that is old and needs to be updated. It process protect what people want pro- authorization of that program, the tax- has not been yet. tected the most, and that is food, payers’ money would not have been My only reason for pointing these water, and working conditions. wasted. things out is to suggest that in the Mr. President, I yield the floor. I un- We had another program. During the areas I have mentioned, and in other derstand that ends this session tonight. Second World War it was important for areas such as lawn chemicals where we f soldiers to have wool. When wool gets found people were getting sick, and we wet, you can still stay warm with it. heard testimony before the committee RECESS UNTIL 9 A.M. TOMORROW We did not have the synthetic products that people died as a result of improper The PRESIDING OFFICER. Under we now have. It was found during the application of these substances and a the previous order, the Senate stands Second World War we were not raising lot of people got sick, that we have to in recess until 9 a.m. Tuesday, July 11. enough wool and mohair. As a result of be very careful that we do not throw Thereupon, at 6:51 p.m., the Senate that, we made special provisions that the baby out with the bath water. recessed until Tuesday, July 11, 1995, at there would be a subsidy for people We have problems with too many reg- 9 a.m. that would grow wool and mohair. This ulations. But we must have a frame- went on for 50 years. There was no need work in place that allows protection of f for it anymore. It was only recently people in the workplace, in the mar- that we terminated that program. ketplace, so that we can enjoy life with NOMINATIONS It should have been reviewed on a clean air and clean water. The regula- Executive nominations received by periodic basis. That is what we need to tions must be such that we can protect the Senate June 30, 1995: do with laws, and we need to do the people but yet not make the rules so same with regulations. Once a regula- burdensome that people cannot con- NATIONAL MEDIATION BOARD tion is promulgated, there is no reason duct business. ERNEST W. DU BESTER, OF NEW JERSEY, TO BE A MEM- BER OF THE NATIONAL MEDIATION BOARD FOR A TERM it should be there forever. There should This Congress has already had con- EXPIRING JULY 1, 1998. (REAPPOINTMENT) be some way to reexamine that regula- sideration of regulations. The House DEPARTMENT OF STATE put a moratorium on all regulations. tion that has been promulgated. That RICHARD HENRY JONES, OF NEBRASKA, A CAREER is what I am going to look for in the This body felt that had gone too far. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF Senator NICKLES, the senior Senator COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND legislation that is now before this PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA body. from Oklahoma, and I introduced an TO THE REPUBLIC OF LEBANON. Mr. President, I chaired a sub- amendment. Basically, what the Executive nominations received by committee when the Democrats were amendment said is that if a regulation the Senate July 10, 1995:

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9646 CONGRESSIONAL RECORD — SENATE July 10, 1995

UNITED STATES INFORMATION AGENCY FEDERAL SUPPLEMENTARY MEDICAL INSURANCE EXECUTIVE OFFICE OF THE PRESIDENT CHERYL F. HALPERN, OF NEW JERSEY, TO BE A MEM- TRUST FUND IRA S. SHAPIRO, OF MARYLAND, FOR THE RANK OF AM- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR MARILYN MOON, OF MARYLAND, TO BE A MEMBER OF BASSADOR DURING HIS TENURE OF SERVICE AS SENIOR A TERM OF 1 YEAR. (NEW POSITION) THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- COUNSEL AND NEGOTIATOR IN THE OFFICE OF THE MARC B. NATHANSON, OF CALIFORNIA, TO BE A MEM- MENTARY MEDICAL INSURANCE TRUST FUND FOR A UNITED STATES TRADE REPRESENTATIVE. BER OF THE BROADCASTING BOARD OF GOVERNORS FOR TERM OF 4 YEARS. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT A TERM OF 3 YEARS. (NEW POSITION) TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- CARL SPIELVOGEL, OF NEW YORK, TO BE A MEMBER OF DEPARTMENT OF LABOR QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY THE BROADCASTING BOARD OF GOVERNORS FOR A TERM CONSIDERED COMMITTEE OF THE SENATE. OF 1 YEAR. (NEW POSITION) EDMUNDO A. GONZALES, OF COLORADO, TO BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF LABOR. DEPARTMENT OF STATE THE JUDICIARY STANLEY A. RIVELES, OF VIRGINIA, FOR THE RANK OF NATIONAL COUNCIL ON DISABILITY CARLOS F. LUCERO, OF COLORADO, TO BE U.S. CIRCUIT AMBASSADOR DURING HIS TENURE OF SERVICE AS U.S. JUDGE FOR THE 10TH CIRCUIT. JOHN D. KEMP, OF THE DISTRICT OF COLUMBIA, TO BE PETER C. ECONOMUS, OF OHIO, TO BE U.S. DISTRICT COMMISSIONER TO THE STANDING CONSULTATIVE COM- A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY MISSION JUDGE FOR THE NORTHERN DISTRICT OF OHIO. FOR A TERM EXPIRING SEPTEMBER 17, 1997. WILEY Y. DANIEL, OF COLORADO, TO BE U.S. DISTRICT THE JUDICIARY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JUDGE FOR THE DISTRICT OF COLORADO. NANCY FRIEDMAN ATLAS, OF TEXAS, TO BE U.S. DIS- JOHN R. TUNHEIM, OF MINNESOTA, TO BE U.S. DISTRICT TRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS. JUDGE FOR THE DISTRICT OF MINNESOTA, VICE DONALD CLIFFORD GREGORY STEWART, OF NEW JERSEY, TO BE DONALD C. NUGENT, OF OHIO, TO BE U.S. DISTRICT D. ALSOP, RETIRED. GENERAL COUNSEL OF THE EQUAL EMPLOYMENT OP- PORTUNITY COMMISSION FOR A TERM OF 4 YEARS. JUDGE FOR THE NORTHERN DISTRICT OF OHIO. f EXECUTIVE OFFICE OF THE PRESIDENT DEPARTMENT OF JUSTICE CONFIRMATIONS MARTIN NEIL BAILY, OF MARYLAND, TO BE A MEMBER ANDREW FOIS, OF NEW YORK, TO BE AN ASSISTANT AT- Executive Nominations Confirmed by OF THE COUNCIL OF ECONOMIC ADVISERS. TORNEY GENERAL. the Senate June 30, 1995: NATIONAL INSTITUTE OF BUILDING SCIENCES STATE JUSTICE INSTITUTE FEDERAL INSURANCE TRUST FUNDS STEVE M. HAYS, OF TENNESSEE, TO BE A MEMBER OF JANIE L. SHORES, OF ALABAMA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE STEPHEN G. KELLISON, OF TEXAS, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE IN- OF BUILDING SCIENCES FOR A TERM EXPIRING SEP- STITUTE FOR A TERM EXPIRING SEPTEMBER 17, 1997. THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE TEMBER 7, 1997. AND SURVIVORS INSURANCE TRUST FUND AND THE FED- TERRENCE B. ADAMSON, OF THE DISTRICT OF COLUM- BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM SECURITIES INVESTOR PROTECTION OF 4 YEARS. THE STATE JUSTICE INSTITUTE FOR A TERM EXPIRING MARILYN MOON, OF MARYLAND, TO BE A MEMBER OF CORPORATION SEPTEMBER 17, 1997. (REAPPOINTMENT) THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE CHARLES L. MARINACCIO, OF THE DISTRICT OF COLUM- IN THE AIR FORCE AND SURVIVORS INSURANCE TRUST FUND AND THE FED- BIA, TO BE A DIRECTOR OF THE SECURITIES INVESTOR ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM PROTECTION CORPORATION FOR A TERM EXPIRING DE- THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT OF 4 YEARS. CEMBER 31, 1996. TO THE GRADE OF GENERAL WHILE ASSIGNED TO A PO- FEDERAL HOSPITAL INSURANCE TRUST FUND DEBORAH DUDLEY BRANSON, OF TEXAS, TO BE A DI- SITION OF IMPORTANCE AND RESPONSIBILITY UNDER RECTOR OF THE SECURITIES INVESTOR PROTECTION TITLE 10, UNITED STATES CODE, SECTION 601: STEPHEN G. KELLISON, OF TEXAS, TO BE A MEMBER OF CORPORATION FOR A TERM EXPIRING DECEMBER 31, 1996. THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL MARIANNE C. SPRAGGINS, OF NEW YORK, TO BE A DI- To be general INSURANCE TRUST FUND FOR A TERM OF 4 YEARS. RECTOR OF THE SECURITIES INVESTOR PROTECTION FEDERAL SUPPLEMENTARY MEDICAL INSURANCE CORPORATION FOR A TERM EXPIRING DECEMBER 31, 1997. LT. GEN. RICHARD E. HAWLEY, 000–00–0000 ALBERT JAMES DWOSKIN, OF VIRGINIA, TO BE A DI- TRUST FUND RECTOR OF THE SECURITIES INVESTOR PROTECTION THE JUDICIARY CORPORATION FOR A TERM EXPIRING DECEMBER 31, 1998. STEPHEN G. KELLISON, OF TEXAS, TO BE A MEMBER OF DIANE P. WOOD, OF ILLINOIS, TO BE U.S. CIRCUIT THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- NATIONAL CONSUMER COOPERATIVE BANK JUDGE FOR THE SEVENTH CIRCUIT. MENTARY MEDICAL INSURANCE TRUST FUND FOR A GEORGE H. KING, OF CALIFORNIA, TO BE U.S. DISTRICT TERM OF 4 YEARS. TONY SCALLON, OF MINNESOTA, TO BE A MEMBER OF JUDGE FOR THE CENTRAL DISTRICT OF CALIFORNIA. FEDERAL HOSPITAL INSURANCE TRUST FUND THE BOARD OF DIRECTORS OF THE NATIONAL CON- ROBERT H. WHALEY, OF WASHINGTON, TO BE U.S. DIS- SUMER COOPERATIVE BANK FOR A TERM OF 3 YEARS. TRICT JUDGE FOR THE EASTERN DISTRICT OF WASH- MARILYN MOON, OF MARYLAND, TO BE A MEMBER OF SHEILA ANNE SMITH, OF ILLINOIS, TO BE A MEMBER INGTON. THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL OF THE BOARD OF DIRECTORS OF THE NATIONAL CON- TENA CAMPBELL, OF UTAH, TO BE U.S. DISTRICT INSURANCE TRUST FUND FOR A TERM OF 4 YEARS. SUMER COOPERATIVE BANK FOR A TERM OF 3 YEARS. JUDGE FOR THE DISTRICT OF UTAH.

VerDate Aug 31 2005 05:49 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S10JY5.REC S10JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS 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, JULY 10, 1995 No. 110 Senate

The Senate met at 12 noon and was RECOGNITION OF THE MAJORITY blocked by two of my colleagues before called to order by the President pro LEADER the recess. I hope that their concerns tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The may be satisfied by the administration. able majority leader is recognized. I hope the administration can deal with our Democratic colleagues with f PRAYER reference to that bill. The Chaplain, Dr. Lloyd John SCHEDULE It has many important items in the Ogilvie, offered the following prayer: Mr. DOLE. Thank you, Mr. President. bill, including disaster relief for Okla- homa City, earthquake relief for Cali- Almighty God, infinite, eternal, and We have morning business until 1 o’clock, with Senators permitted to fornia, and a number of other—in fact, unchangeable, full of love and compas- speak for up to 10 minutes each. At 1 there are some 30 States for which this sion, abundant in grace and truth, we o’clock, we resume consideration of S. bill includes some disaster money. So praise You for being the faithful 343, the regulatory reform bill. Under a it is an important bill. It is one we initiator and inspiration of prayer. We previous order, Senator ABRAHAM will should pass. need not search for You, because You be recognized to offer an amendment It also saves $9.2 billion overall. It is have found us; we need not ask for on small business. At 3 o’clock, the very important that we pass that bill Your presence, because You already are Abraham amendment will be set aside at the earliest possible time. I com- impinging on our minds and hearts; we so that Senator NUNN may offer an mend the White House for at least noti- need not convince You of our concerns, amendment with Senator COVERDELL fying the agencies not to spend any because You know what we need even regarding regulatory flexibility. money that is not authorized in that before we ask. What we do need are At 5:15, we begin two back-to-back rescissions bill. So that is a step in the humble and receptive minds. Awe and votes—a vote on or in relation to the right direction. wonder grip us as we realize that You Abraham amendment, to be imme- Now, if they can convince a couple of want our attention and want to use us diately followed by a vote on or in rela- our colleagues to let us pass the bill, to accomplish Your plans for our Na- tion to the Nunn-Coverdell amend- we could do that at any time today or tomorrow if an agreement is reached. tion. We openly confess the inadequacy ment. So there will be at least two roll- But I again indicate it is going to be of our limited understanding. Infuse us call votes today, and there could be a full week. We are already eating into with Your wisdom. further rollcall votes into the evening. Let me indicate to my colleagues, the August recess. We have some The week ahead is filled with crucial this is Monday morning. This is a very ‘‘must’’ legislation we hope to com- and controversial issues to be debated important piece of legislation. It is plete between now and sometime in and decided. Reveal Your will for what controversial in some quarters. We August. We will have a final schedule is best for our Nation. We yield our hope to end up with a strong bipartisan to all of our colleagues by the end of minds to think, and then commu- bill. But I will alert my colleagues, we the week. nicate, Your thoughts. Invade our atti- will have long days all this week, in- Mr. President, was leaders’ time re- tudes with Your patience so that we cluding Friday. So I do not want people served? will be able to work effectively with expecting that on Friday there will be The PRESIDING OFFICER (Mr. those who differ with us. Help us to lis- no votes or maybe be one vote at 11 KYL). Yes, leaders’ time was reserved. ten to others as attentively as we want o’clock in the morning. That can f them to listen to us. In the midst of change if we complete action on this bill, but I doubt that will happen. DISTORTIONS OF REGULATORY controversy keep us unified in the bond REFORM BILL of our greater commitment to be serv- In addition, we were not able to com- ant-leaders of our Nation. plete action on the rescissions package Mr. DOLE. Mr. President, now that before we left a week ago Friday. That we have begun consideration of regu- And as we press on with our work bill will come up when there is an latory reform, the defenders of the sta- that You have given us to do, we com- agreement without amendment to go tus quo have settled on the weapon of mit to You the care of our loved ones to final passage. last resort: fear. Thus, we have report- and friends who need Your physical I understand there may be some dis- ers and pundits pronouncing in strident healing and Your spiritual strength. In cussion of that later on today. It is a tones ‘‘the rollback of 25 years of envi- Your holy name, Amen. bill that saves about $9.2 billion. It was ronmental protection,’’ the likelihood

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

S 9597 S 9598 CONGRESSIONAL RECORD — SENATE July 10, 1995 of increased outbreaks of E. coli food lations’’ and block implementation of latory reform. I suspect it has less to poisoning, and the horror of placing a the Agriculture Department’s proposed do with threats to the environment and pricetag on human life. meat inspection regulations. more to do with the threat to Federal The sky is falling is undoubtedly Does any reasonable person really be- power in Washington, DC. next. lieve that any politician, Democrat or We have a lot of bureaucrats that The only problem with all these ar- Republican, is trying to gut food safety might lose their jobs if we can ease guments is that they are absolutely laws? Of course not. But for those who some of the burdens on consumers, false, not just false in some small way, have made a career on scare tactics, farmers, ranchers, small businessmen but false in every way. Apparently, the this argument will apparently do. If and women, the people who have to pay Chicken Littles who have engaged in they make it, surely somebody in the for all the regulations, and, in some these scare tactics did not even bother media will repeat it and repeat it and cases, the costs exceed the benefits. In to read the legislation. repeat it. That has been done for the some cases, there are no benefits at all. Had they done so, they would realize past several days. The most costly regulations are usu- that most of the bill merely codifies All of the protections in the bill ally the ones that impose a Govern- Executive orders issued by every Presi- noted above apply here, too, especially ment-knows-best requirement, and dent since the Ford administration. the one exempting a regulation from there is an entire culture devoted to Had they done so, they would realize any delay if there is ‘‘an emergency or telling the American people that the this is a bipartisan piece of legislation health or safety threat.’’ But there are Government knows best; Washington, that balances commonsense reform several additional ironies. First, the DC, knows best. with the need to protect health, safety, Agriculture Department already con- Our legislation is a direct threat to a and the environment. So here are a few ducted a cost-benefit analysis of the smug assertion. By golly, we ordinary facts—although I am not certain from meat inspection rule, and it passed. Americans hope you agencies do not some of the reports I read, the Ralph Second, in the entire bill the only time take it personally, but we would really Naders, and the Bob Herberts of the health inspections are mentioned, it is like you to show us why a rule impos- New York Times, and others, even care to exempt them from risk assessment ing hundreds of millions of dollars about facts—but just in case somebody requirements under this bill. makes sense and was the only way to might care about facts, let me state Our regulatory reform legislation do it. some facts, and I quote directly from does not place a price tag on human So we think we are on to something the legislation conveniently ignored by life. here. It should not be a partisan issue, The argument that regulatory reform these liberal distortions: and it is not a partisan issue. A lot of would place a price tag on human life Our regulatory reform legislation my good colleagues on the other side of usually carries with it the notion that protects existing environmental health the issue are supporting this, and we some lives will be worth more than and safety laws. hope to have more before the week is others. This is a cynical argument and Our legislation makes explicit that out. is completely at odds with what the regulatory reform measures supple- The opponents are right in one re- bill would actually accomplish. ment and [do] not supersede—supple- spect: This is one of the most impor- First, not only does the bill avoid tant pieces of legislation this Congress ment and do not supersede. We are not putting a price tag on life, it explicitly going to supersede any law, we are will address. Americans pay more in recognizes that some values are not ca- regulatory costs than they do to Uncle going to supplement existing environ- pable of quantification. Thus, both mental health and safety requirements. Sam through income taxes. Overregu- costs and benefits are defined in the lation costs the American family an es- Congress chooses the goals, and all we legislation to include nonquantifiable ask is that among several options timated $6,000 a year. I believe we can costs and benefits. ensure regulations that both promote achieving those goals that the one im- The legislation also provides that in posing the least possible burden be se- important goals like food safety and performing a cost-benefit analysis, also minimize costs wherever possible, lected. there is no requirement to do so ‘‘pri- and I believe it is our obligation to do We do not see a problem, if you are marily on a mathematical or numeri- so. In that respect, I am an optimist. I going to have all these options, and one cal basis.’’ And, second, agencies may have never succumbed to the chirpings will accomplish the job with the least choose higher cost regulations where of the Chicken Littles and do not in- burden on the American taxpayer, the warranted by ‘‘nonquantifiable benefits American consumer, the American tend to start now. to health, safety or the environment.’’ Mr. President, I ask unanimous con- businessman, generally small business Nothing could be more clear to this sent that a section-by-section analysis men and women, why should we not Senator, and we hope we have made it of this legislation, particularly as it re- choose that option? clear in the bill, which is sponsored by lates to protection of human health, However, a cost-benefit analysis of Republicans and Democrats. proposed regulations is not required be- Mr. President, I have quoted from the safety, and environment, be printed in fore issuing rules that address an bill wherever possible. It is interesting the RECORD. ‘‘emergency or health or safety threat that opponents of the bill never do. There being no objection, the mate- that is likely to result in significant They probably have never seen the bill rial was ordered to be printed in the harm to the public or natural re- and do not know the numbers, and they RECORD, as follows: sources.’’ If nonquantifiable benefits to do not intend to read it. They have S. 343: Responsible Regulatory Reform That ‘‘health, safety, or the environment’’ Protects Health, Safety and the Environ- bought into this nonsense that some ment call for a more costly regulatory alter- Members of Congress are for dirty S. 343 DOES NOT OVERRIDE EXISTING HEALTH, native, the agency is free to make that meat, that we want dirty meat—that is SAFETY AND ENVIRONMENTAL LAWS choice as well. And rules subject to a what I have read—that we want people Sec. 624(a)—Cost-benefit requirements proposed congressional 60-day review to die of food poisoning. ‘‘supplement and [do] not supersede’’ health, period may be implemented without I know they do not like to read these safety and environmental requirements in delay if ‘‘necessary because of an im- things because it is inconvenient, and existing laws. minent threat to health or safety or they do not want the facts in many Sec. 628(d)—Requirements regarding ‘‘envi- other emergency.’’ So it seems to me cases. But I challenge the opponents to ronmental management activities’’ also we have made it rather clear. stop distorting the truth and start ‘‘supplement and [do] not supersede’’ re- Some rollback. seeking it. They can read the bill. To quirements of existing laws. Our regulatory reform legislation help them, I have prepared a summary S. 343 PROTECTS HUMAN HEALTH, SAFETY AND THE ENVIRONMENT protects food safety. of provisions that address the protec- Perhaps the most cowardly argument Sec. 622(f) and Sec. 632(c)(1)(A)—Cost-bene- tions for health, safety, and the envi- fit analyses and risk assessments are not re- has been the one that suggests that our ronment that I will include with this quired if ‘‘impracticable due to an emer- legislation would, in the words of one statement in the RECORD. gency or health or safety threat that is like- overly distraught commentator, mount Then opponents can start telling us ly to result in significant harm to the public ‘‘an all-out assault on food safety regu- why they are really upset by regu- or natural resources.’’ July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9599 Sec. 624(b)(3)(B)—An agency may select a ate, this Government, to take a look at by the legislature, the agency that is higher cost regulation when ‘‘nonquantifi- some of the things that have been affected drafts and creates the regula- able benefits to health, safety or the envi- going on for 30 years, 40 years, without tion, and it comes back to the legisla- ronment’’ make that choice ‘‘appropriate much examination, which have simply ture for some overview to see, No. 1, if and in the public interest.’’ Sec. 624(b)(4)—Where a risk assessment has grown and have continued to become it is within the spirit of the statute; been done, the agency must choose regula- more expensive and larger, without a No. 2, to see if it is indeed cost bene- tions that ‘‘significantly reduce the human real examination of whether or not ficial, that what it is set to accomplish health, safety and environmental risks.’’ what is being done is the most effective is worth the cost of accomplishment. Sec. 628(b)(2)—Requirements for environ- way to do it, or whether or not it could We do not even have here an analysis mental management activities do not apply be done in a less costly way. I think it of what the cost will be. The cost of where they would ‘‘result in an actual or im- is an exciting opportunity. regulation, as the leader indicated, is mediate risk to human health or welfare.’’ I have just returned, as have most of more than personal tax revenues. Some Sec. 629(b)(1)—Where a petition for alter- native compliance is sought, the petition our associates, from a week in my estimate it between $650 billion and may only be granted where an alternative home State of Wyoming. We did a se- $800 billion. Now, this bill will not achieves ‘‘at least an equivalent level of pro- ries of town meetings and met with the eliminate all of that cost, of course, be- tection of health, safety, and the environ- rangeland users and met with the sugar cause there is a need for regulation, ment.’’ beet growers and the chamber of com- and there is a cost with regulation. The Sec. 632(c)—Risk assessment requirements merce and the Rotary. As has been the point is that we are looking for a way do not apply to a ‘‘human health, safety, or case for some time, the issue most to apply that regulation in as efficient environmental inspection.’’ often mentioned is overregulation and and effective a manner as can be and do S. 343 DOES NOT DELAY HEALTH, SAFETY AND the cost of overregulation. So I am ex- something that has not been done for a ENVIRONMENTAL RULES cited about the opportunity to do long time, and that in the application Sec. 622(f) and Sec. 632(c)—Cost-benefit and something about that. of the regulation, to use some common risk assessment requirements are not to I suspect that we will run into the delay implementation of a rule if ‘‘imprac- sense in terms of what it costs with re- ticable due to an emergency or health or same kinds of discussions that we have spect to what the benefits are, and to safety threat that is likely to result in sig- when we talk about doing something take a look at risk-benefits ratios to nificant harm to the public or natural re- about welfare reform—that somehow see if what will be accomplished is sources.’’ those of us who want some change in worth the cost and the effort of the ap- Sec. 533(d)—Procedural requirements under what we have been doing are less com- plication. the Administrative Procedures Act may be passionate than those who want the Furthermore, it gives us an oppor- waived if ‘‘contrary to the public interest.’’ status quo; that somehow those of us tunity to go back to some regulations Sec. 628(b)(2)—Requirements for major en- vironmental management activities are not who want to take a look at and change that have existed and look at them. to delay environmental cleanups where they the way regulation is imposed are less Let me give an example. In Buffalo, ‘‘result in an actual and immediate risk to caring about the environment and WY, there are 3,500 people. The EPA human health or welfare.’’ about clean water and clean air than said we need to enforce the Safe Drink- Sec. 801(c)—Congressional 60-day review those who support the status quo. That ing Water Act. Fine. They are willing period before rule becomes final may be is simply not true. to do that. They are willing to put in a waived where ‘‘necessary because of an im- I suspect that we will hear from the filtering system that costs $3 million minent threat to health or safety or other opposition on this bill that somehow for a town of 3,500 and made a good- emergency.’’ this bill will remove all of the regu- faith effort to comply. S. 343 DOES NOT PLACE A ‘‘PRICE TAG ON HUMAN latory requirements that exist. Not so. One year later, EPA responded and LIFE’’ We will hear that somehow the regula- said they would send a compliance Sec. 621(2)—‘‘Costs’’ and ‘‘benefits’’ are de- tions that are in place to protect us for schedule. Buffalo never received the fined explicitly to include ‘‘nonquantifi- able,’’ not just quantifiable, costs and bene- various kinds of water and air prob- schedule. fits. lems will be eliminated or superseded. Then when Buffalo proceeded as they Sec. 622(e)(1)(E)—Cost-benefit analyses are That is simply not so. had set forth in their schedule, EPA not required to be performed ‘‘primarily on a Many people can imagine what the claimed that Buffalo never let them mathematical or numerical basis.’’ last election was about. But I think we know what was going on. Sec. 624(b)(3)(B)—An agency may choose a have talked about it a great deal. After that was worked out, EPA ac- higher cost regulation when ‘‘nonquantifi- There were at least three things that I cepted, in writing, the town of Buf- able benefits to health, safety or the envi- think were most important to the peo- falo’s plan. The following year, EPA ronment’’ dictate that result. ple of Wyoming. One was that the Fed- again claimed the city did not let them f eral Government is too big, that it know what was going on and referred MORNING BUSINESS costs too much, and that we are over- the case to the Department of Justice regulating. I think those are genuine for prosecution. The PRESIDING OFFICER. Under responses that people feel very strong- When asked what happened, EPA the previous order, there will now be a ly about. said, ‘‘We changed our mind.’’ The bot- period for the transaction of morning So, Mr. President, here is our oppor- tom line, the city of Buffalo wanted to business, not to extend beyond the tunity to do something about that. comply with the Federal mandate, but hour of 1 p.m., with Senators permitted Clearly, the regulatory system is bro- the Federal overregulation and bu- to speak therein for up to 5 minutes ken. What is being proposed does not reaucracy prevented that. each. do away with regulations. It simply The University of Wyoming. We had Mr. THOMAS addressed the Chair. says there is a better way to do it. several contacts from the University of The PRESIDING OFFICER. The Sen- As our leader just indicated, over- Wyoming asking for a list of issues ator from Wyoming is recognized. regulation is a hidden tax that is they were most concerned about. Do f passed on to consumers. It is not ab- you know what was at the top of the sorbed by businesses. It is not a busi- list? Overregulation. Not grants, not SUPPORTING REGULATORY ness issue, even though much of it af- money—overregulation. This is the REFORM fects business. The costs are passed on university. This is not a business. This Mr. THOMAS. Mr. President, I rise in to you and to me. Furthermore, the is the university, where a good amount strong support of S. 343, the Com- regulations are not confined to busi- of their resources were there to edu- prehensive Regulatory Reform Act, ness. It goes much beyond that, into cate young people. which will be before us today and, I small towns, cities, the universities, We have the same problem in health suspect, for the remainder of the week. and other areas. regulations, in the disposal of health I think that this is one of the most Unfortunately, regulations have been care waste, which goes far beyond the exciting opportunities that we have applied generally. In our Wyoming clean air. It will cause some of the had this year. This is one of the oppor- Legislature, I am proud that we have a small hospitals in Wyoming to be tunities for this Congress and this Sen- situation where the statute is passed closed. S 9600 CONGRESSIONAL RECORD — SENATE July 10, 1995 Overregulation is particularly dif- FEDERAL RESERVE BOARD Wall Street can give the American peo- ficult for the rural areas of the West, Mr. DORGAN. Mr. President, last ple that will make them feel better where in our case more than half of the week the Congress was not in session, about this economy as long as their State belongs to the Federal Govern- but the Federal Reserve Board met real wages are declining. Unless and ment. The things we do in our way of downtown in their marble building and until we stop a 20-year decline in life, in our economy, our job creation, took a baby step in rectifying the mis- American wages, the American people is always regulated more than most take it made on seven occasions last will not be satisfied. anywhere else in the country. We are year when they increased interest rates I always find it interesting that the very, very, concerned. in order to slow down the American press trumpets every month the report Let me give one example. There are economy. of how much we consumed. We measure leases, of course, for livestock grazing Last year, the Federal Reserve Board economic health by consumption. But, on Bureau of Land Management lands said it was combating inflation in our of course, that is not economic health. and on lands of the Forest Service. The economy, so it desired to slow down It is what you produce that relates to leases are renewed regularly. This the economy some and prevent a new whether you are healthy or not, not year, it was decided there had to be a wave of inflation. Now it appears the what you consume. But we trumpet, NEPA study—that is supposed to be Federal Reserve Board has apparently every month, all kinds of indices about confined to areas of national concern— won a fight without a foe. There was no economic performance and we see for every renewal of a grazing lease. wave of inflation across the horizon. nothing—except maybe 2 column The irrigators have to spend $100,000 Last week’s announcement to de- inches in the paper once every 6 this year to do a NEPA review on their crease interest rates by one-quarter of months—about American wages. Yet conservation land. The cost of this is 1 percent made the stock market ec- every month, the indices show Amer- paid by you and by me. static. In fact, the Federal Reserve ican wages are declining. Board acted to ratchet down inflation Regulatory reform needs to have Frankly, we have a circumstance marginally and the stock market principles. This bill has them. It has today where corporate giants, led by reached record highs. cost-benefit analysis. I think that is a U.S. corporations and followed by their In fact, if we look at the combination proper and reasonable thing. You and I international competitors, are con- of economic news in the last week or do that. We make decisions for ourself structing an economic model for the two, it is quite interesting. The Fed- and our family. We have a cost-benefit world that worries American workers. eral Reserve Board says it has won a analysis, even though it may be infor- They have decided they want to fight with a foe that did not exist. The mal. A risk assessment—it could be produce where it is cheap and sell back stock market reached record highs. that the last few percentage points are into established marketplaces. That And corporate profits are at record lev- too expensive to be reasonable and means corporations increasingly els. common sense. We need a look-back produce in Malaysia, Indonesia, Ban- provision so we can go back and take a The question would be, if all of those pieces of economic news are so good for gladesh, Singapore, Honduras, China— look at the regulations that now exist. around the world—where they can hire There needs to be a sunset provision so the American economy, if this is such wonderful economic news, then why cheap labor, often kids. They can pay that burdensome laws and burdensome dirt-cheap wages, they can dump their regulations can be dropped or renewed. are the Americans so displeased? Why are the American people not dancing in pollution in the air and in the water, There needs to be a judicial review. S. make their product, and send it back 343 incorporates these principles. the streets about this economic news? Record profits should mean that busi- to Pittsburgh for sale. I think we have a great opportunity nesses are doing well creating jobs, ex- That strategy of playing the Amer- to make better use of the resources panding, hiring. Record stock market ican worker off against 1 or 2 billion that we have, Mr. President, to provide levels should mean that the experts others in the world who are willing to greater protection for human health think the American economy is robust work for pennies an hour is a strategy and safety in the environment at a and growing. that might well lead to record cor- lower cost and to hold regulators ac- The simple answer is the people in porate profits, but it also leads to de- countable for their decisions. What is this country are not satisfied because clining U.S. wages. And that is the eco- wrong with that? I think that is a good this economic news masks an impor- nomic problem this country has to fix. idea, to hold the Congress accountable tant fact. The American people are not The bottom line of economic progress for the kinds of regulations, to limit satisfied with this economic news for the size of Government, so that we can in this country must be, ‘‘Are we in- the same reason that the Federal Re- creasing the standard of living for the create jobs that help consumers im- serve Board’s actions last year were a prove competitiveness overseas. American worker?’’ And the answer mistake. The fact is, and the reason is, today, amidst all of the glory of the We should take advantage of this op- we are now living in a global economy. wonderful economic news trumpeted portunity. This week will be the time That means that stellar economic every day in recent weeks, is no. The to do it, to be realistic, to apply com- numbers may not translate into eco- standard living for the average Amer- mon sense, to reduce the cost and the nomic opportunities here in our coun- ican worker is not advancing. It has burden of regulation. I am delighted try. Surrounding all of the bright eco- been declining. that we will have a chance this year, nomic news that was trumpeted last this week, Mr. President, to do that. week, there was one small but criti- Our economic strategy for the 50 I yield the floor. I suggest the ab- cally important fact: American wages years following the Second World War sence of a quorum. are going down. was, for the first 25 years, a foreign Yes, corporate profits are at record policy disguised as economic strategy The PRESIDING OFFICER. The to try to help everybody else. We did clerk will call the roll. levels. Yes, the stock market is ringing the bell. Stock market indexes have that and it was fine. We could afford to The legislative clerk proceeded to do it because we were the biggest and call the roll. never been higher in their history. But the fact is, American wage earners, the best and the strongest and the Mr. DORGAN. Mr. President, I ask American workers, are doing worse. In- most. And even as we did that we pro- unanimous consent that the order for vestors do better; American workers gressed and so did the American work- the quorum call be rescinded. lose ground. Corporations do better, er. But for the last 20 to 25 years it has The PRESIDING OFFICER. Without American wage earners do worse. been different. objection, it is so ordered. Wealth holders succeed; working fami- Our trade policy is still largely a for- Mr. DORGAN. I ask unanimous con- lies fail. eign policy. It does not work to support sent to proceed for 15 minutes as if in There is no economic news that this the interests of our country. And what morning business. administration, this Congress, the Fed- we see as a result of it is that other The PRESIDING OFFICER. Without eral Reserve Board, the captains of in- countries are growing and advancing objection, it is so ordered. dustry, or the investment moguls on and our country, measured by standard July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9601 of living—the standard of living experi- But I am not one who believes we acid rain; that we have fewer acid rain enced by American workers—is not ad- ought to bring to the floor of the Sen- problems, we have cleaner streams, vancing. ate initiatives that say, ‘‘Let’s step cleaner lakes in America now than 20 The American people are tired of back from the substantial regulations years ago? that. They want a change in economic that made life better in this country Why is that happening? Is it because circumstances. And we, one day soon, for dozens of years.’’ somebody decided that they would no must have a real, interesting, and We have had fights in many different longer dump their pollutants into the thoughtful discussion about these eco- venues to try to decide: When should stream? No. It is because the people in nomic policies. Now, more than ever, we put an end to polluting America’s this country through their government this country needs a full-scale policy air? How long should we allow Ameri- said we want to stop fouling the debate about economic strategy and ca’s kids to breathe dirty air because streams. We had the Cuyahoga River what kind of strategy, including trade the captains of industry want to make catch on fire. The Cuyahoga River in strategy and other strategies, results more profit? When should we decide Cleveland actually started burning one in advancing America’s economic in- you cannot dump chemicals into our day. Why did that happen? Because the terests—not just America’s corporate rivers and streams? When should we de- manufacturers and others in this coun- interests, not just America’s investors’ cide we want environmental safeguards try were dumping everything into interests, but the interests of all Amer- so the Earth we live on is a better these streams and thought it was fine. icans. place to live? It was not fine. We decided as a matter That is a debate we have not had. We We made many of those decisions al- of regulation that it was not fine. did not have it during NAFTA. We did ready. We made fundamental decisions There are some people who say, not have it during GATT. You could about worker safety. We made deci- ‘‘Well, that is inconvenient for corpora- not have it, in fact. The major news- sions about the environment. We made tions. It costs too much to comply with papers of this country—the Washington decisions about auto safety. Many of all of these. Let us back away on some Post, the New York Times, the Los An- those decisions were the right decisions of these restrictions.’’ geles Times, the Wall Street Journal— and good decisions. If we bring to the I want you to know that we are going would not even give you open access to floor of the Senate, under the guise of back a ways. I have told this story be- an opportunity to discuss these things. regulatory reform, proposals that we fore. I am going to tell it again because It is interesting, with NAFTA, we decide we ought to retreat on the ques- it is central to this debate. All govern- counted the column inches on the edi- tion of whether we want clean air in ment regulations are not bad. Some of torial and op-ed pages ‘‘pro’’ and this country, then we are not thinking them are essential to this country’s ‘‘anti.’’ It was 6 to 1 pro-NAFTA, pro- very much. health. I do not know whether many Mem- GATT—6 to 1. Upton Sinclair wrote the book in the These are areas where you ought to bers of the U.S. Senate or many of the American people fully understand how early 1900’s in which he investigated expect there to be freedom of speech the conditions of the meatpacking and open debate. But it is not so. And far we have come. Do you know, in the past 20 years, we now use twice as houses in Chicago. What he discovered the economic interests that propel that in the meatpacking plants of Chicago sort of imbalance in our major news- much energy in this country as we did 20 years ago and we have less air pollu- was a rat problem. And how did they papers in our country, when we have solve the rat problem in a meatpacking these kinds of discussions, is the same tion? We have cleaner air in America today than we did 20 years ago, yet we plant in Chicago? They put out slices economic interest that prevents the of bread laced with arsenic so the rats discussions even from getting any mo- use twice as much energy. Why do we have cleaner air? Is it be- could eat the arsenic and die. Then the mentum in a Chamber like this. One cause someone sitting in a corporate bread and the arsenic and the rats day soon, I hope, that is going to board room said, ‘‘You know, what I would all be thrown down the same change. And the sooner the better, if really need to do, as a matter of social hole as the meat, and you get your we are interested in providing some conscience, is to stop polluting; what I mystery meat at the grocery store. The satisfaction for American workers need to do is build some scrubbers in American people started to understand whose only interest, it seems to me, is the stacks so there are fewer pollut- what was going on in those to work hard, have opportunity, and ants coming out of the stacks and that meatpacking plants, and said, ‘‘Wait a progress with an increased standard of way I will help children and help people second. That is not what we want for living. and clean up the air’’? Do you think ourselves and our kids. It is not f that is why we cleaned up America’s healthy.’’ air? The job is not done, but do you The result, of course, was the Federal REGULATIONS think that is why America’s air is Government decided to pass legislation Mr. DORGAN. Mr. President, let me cleaner now than 20 years ago, because saying, We are going to regulate. What turn to the question of regulations. We, the captains of industry in their would you rather see stamped on the on the floor of the Senate, are going to paneled boardrooms decided to give up side of a carcass of beef—‘‘U.S. in- be discussing regulatory reform. It has profits in exchange for cleaner air? spected?’’ Does that give you more con- been of great interest to me to see Not on your life. Not a chance. The fidence? It does for me. It means that what has happened on the issue of reg- reason the air in this country is clean- carcass of beef had to pass some inspec- ulations. It has become a cottage in- er than it was 20 years ago is bodies tion by somebody who looked at it not dustry, and certainly a political indus- like this made decisions. We said, with an economic interest, but who try, to decide that government is evil, ‘‘Part of the cost of producing any- looked at it, and said, ‘‘Yes. This and government regulations are inher- thing in this country is also the cost of passes inspection, and it is safe to eat.’’ ently evil, and what we need to do is not polluting. You are going to have to Or do you want the meatpacking wage war against government safe- stop polluting. Is it going to cost you plants—the captains of industry in the guards and standards. money to stop polluting? Yes, it is. meatpacking business who in the year Let me be the first to say that there And we are sorry about that. But you 1900 would have been running a plant in are some people who propose and write spend the money and pass it along in which they were trying to poison rats regulations that make no sense at all the cost of the product, because the in the same plant and mixing it with and that make life difficult for people. fact is we insist that America’s air be their meat? Well, I know who I would That happens sometimes. I realize cleaner. We are tired of degrading choose. I would choose to have a food that. What we ought to do is combat America’s air, and having men, women, system in this country that is in- bad regulation and get rid of it. Bad and children breathe dirty air that spected so the American consumer un- government regulations that do not causes health problems and fouls the derstands that we are eating safe food. make any sense and are impossible to Earth we are living on.’’ Let me talk about one other regula- comply with—we ought to get rid of What about water? Do you know now tion that I am sure is inconvenient. In them. I understand and accept that. there are fewer lakes and streams with fact, I was involved with some of these S 9602 CONGRESSIONAL RECORD — SENATE July 10, 1995 when I was in the House of Representa- doing this for? In most cases, we are closing tax loopholes and reducing cor- tives. People may recall that it was not doing this for the public good. porate welfare as they put into keeping too long ago when you went to a gro- So, Mr. President, I think this is loopholes open. cery store and picked up a can of peas going to be a fascinating and interest- We would save tens of billions of dol- or a package of spaghetti or an ice ing debate. We have some people in this lars, and balance the budget far more cream bar from the shelves or the cool- Chamber who would like the wholesale fairly, instead of balancing it on the er and looked at the side. What did you repeal of a whole lot of important envi- backs of Medicare and education and see? You saw that this is an ice cream ronmental and safety regulations. I do low-income working families. bar, this is a can of peas, and this is a not happen to support that. Some Tomorrow, the Senate Finance Com- box of spaghetti. That is the only infor- would. Others who say every regulation mittee will be holding a hearing on the mation you got about that food—noth- is terrific. I do not support that either. billionaires’ tax loophole. It is vitally ing more; nothing about sodium; noth- I think what we ought to do is try to important that the Senate stand firm ing about fat; nothing more. Because figure out what works and what does in its desire to close this flagrant loop- they did not feel like telling you. not, to get rid of what does not, and hole once and for all. So we decided that it would be in the keep what works and keep what is good On April 6, 96 of us went on record in consumers’ best interest if they had for this country. favor of closing it. If we really want to some notion what was in this product. I hope that is the kind of discussion close this loophole, we cannot accept You go shopping at the grocery store we will have as the week goes on on the the Ways and Means Committee bill. and watch. People clog the aisles these issue of regulatory reform. That bill is more loophole than law. days picking up one of these cans. They Mr. President, at this point I would It does not prevent massive income turn to the back. They want to find out like to yield the remainder of my 15 tax avoidance by patient expatriates, and it does nothing to prevent avoid- what is in it. How much fat is in this minutes. ance of estate taxes and gift taxes. one? How much saturated fat is in that The PRESIDING OFFICER. The Sen- First, the House bill allows expatri- product? ator’s time has expired. ates to pay no U.S. tax on their gains You give people information and they Mr. DORGAN. Mr. President, I sug- if they wait 10 years before they sell will use it. It is good information. It gest the absence of a quorum. their assets. improves their health. It makes them The PRESIDING OFFICER. The This part of the loophole already ex- better consumers. Is that a bad regula- clerk will call the roll. ists in current law, as has been repeat- tion that we require people to tell the The bill clerk proceeded to call the edly pointed out. American people what is in food? No. I roll. Mr. BYRD. Mr. President, I ask unan- There is no reason to leave it open. think it is a good regulation. But I will imous consent that the order for the Expatriates should be taxed when they guarantee you this. Those who are re- quorum call be rescinded. expatriate—at the time they thumb quired to do it fought every step of the The PRESIDING OFFICER. Without their nose at Uncle Sam. way. The last thing they wanted to do objection, it is so ordered. Second, under the House bill, gains was to have to comply with another f from foreign assets built up during U.S. regulation. I think these regulations citizenship would not be subject to U.S. make sense. BILLIONAIRES’ TAX LOOPHOLE tax after expatriation takes place. All We are talking about regulations for Mr. KENNEDY. Mr. President, one of U.S. citizens pay taxes on worldwide safety, health, and the environment. the worst examples of Republican mis- income, so why should not expatriates? Not all of them, not every one of them, placed priorities is the current blatant Any serious proposal to address this but the bulk of the directions of what attempt to keep the tax loophole open issue must tax the gains on the expa- we were doing with regulation makes a for billionaires who renounce their triate’s worldwide assets, and this tax lot of sense. American citizenship in order to avoid must be imposed at the time of expa- I do not want the debate this week paying taxes on the massive wealth triation. here in the Senate to be a debate that they have accumulated in America. In addition, under the House bill, ex- is thoughtless. I would like it to be a Under current law, these unpatriotic patriates will continue to use tax plan- debate that is thoughtful. Let us find billionaires get a juicy tax break for ning gimmicks to avoid taxes on gains out which regulations are troublesome, turning their back on Uncle Sam. Does from domestic assets by shifting in- not which regulations are inconvenient anyone in America seriously think come from this country to foreign or costly. I do not want to say to this they deserve it? countries. As long as the Tax Code ex- industry or to that industry, ‘‘Yes. It is When Democrats initially tried to empts foreign assets from the tax, costly for you to comply with the clean close the loophole last April, our pro- wealthy expatriates will find new ways air requirements. So that is fine. We posal was rejected—supposedly because to shift assets and avoid taxes. will understand. We will give you a lit- a few so-called technical questions Third, the House bill cannot be effec- tle break.’’ I am sorry. I do not intend needed to be addressed. tively enforced. Expatriates can leave to give them a break. I do not intend It turns out that the only serious the U.S. tax jurisdiction without pay- that they have dirty air so they can technical issue was how to keep the ing the tax or posting any security. have more profits. loophole open, or at least save as much They merely fill out a form at the time I would like us to do this in a reason- of it as possible. of expatriation, and the IRS will be left able way. As I said when I started, The Joint Committee on Taxation in the cold. there are some regulations that make completed its long-awaited study on Fourth, the House bill does nothing no sense. I have seem some of them. I the loophole on June 1 and it turned to prevent expatriates from avoiding have participated in trying to get agen- out to be a blatant attempt to save the gift and estate taxes. With good legal cies to change some of them. I would be loophole, rather than close it. advice, an expatriate can transfer all the first to admit that there are plenty The Ways and Means Committee assets to a foreign corporation and of people working in the Federal Gov- found the ways and means to keep the then give it all away without any gift ernment who know all about theories loophole open. They have even given tax liability. and know all about the details but do the bill an appropriate number—H.R. Finally, in a particularly obnoxious not have the foggiest notion about 1812. maneuver, the Ways and Means Com- what the compliance burdens are. What a perfect number for a tax loop- mittee bill unsuccessfully attempted to These things need to make some ra- hole bill—1812. That is about the year gerrymander the effective date of its tional sense. They need to be dealing their thinking on tax reform stopped. watered-down reform in a transparent with a goal that makes sense. They Democrats will try to bring their 1812 attempt to permit a few more need to be constructed in a way so that bill into the 20th century when it gets undeserving billionaires to slither compliance is enhanced. But I hope to the Senate—and close that loophole through the full loophole before the that the debate we have this week will tight on those unpatriotic billionaires. mild committee changes take effect. really center on the questions about I just wish our Republican friends Under this proposal, wealthy tax government regulation. What are we would put as much time and effort into evaders would have qualified for the July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9603 loophole by simply having begun, not constitutional amendment, the pro- out much of the visible light, which in- completed, the process of renouncing posed Senate amendment failed by one hibits weed growth. In addition, I am their citizenship by the February 6 ef- vote. There will be another vote later pleased to note that the scientists at fective date. this year or next year. the USDA vegetable laboratory in my The Ways and Means Committee Mr. President, as of the close of busi- hometown of Charleston continue to knows how to set a strict effective date ness Friday, July 7, the Federal debt— strive to find more efficient and effec- when it wants to. On the very bill down to the penny—stood at exactly tive ways to produce one of our State’s where the controversy over the billion- $4,929,459,412,839.22 or $18,712.31 for most popular fruits. aires’ loophole first erupted, the com- every man, woman, and child on a per Therefore, as my fellow Members and mittee set a strict effective date to capita basis. their staffs feast on watermelons to- prevent Viacom, Inc., from obtaining a f morrow, I hope they all will remember $640 million break on the sale of its the folks in South Carolina who made cable TV properties. SOUTH CAROLINA WATERMELONS: this endeavor possible: Jim Williams of The committee required a binding A RED, JUICY SMILE Williams Farms in Lodge; Les Tindal, contract to be reached by the effective Mr. HOLLINGS. Mr. President, I rise our State agriculture commissioner; date. Viacom could not meet that re- today to draw attention to a little Wilton Cook of the Clemson University quirement, even though it had taken green and red sticker on my lapel. It Extension Service in Charleston; Minta many steps over many months before says, ‘‘I love watermelon.’’ And Mr. Wade of the South Carolina Depart- the effective date to negotiate the con- President, I sure do. ment of Agriculture; and members of tract. Thanks to the hard work of South the South Carolina Watermelon Asso- Viacom lost the tax break because it Carolina watermelon farmers like Jim ciation and South Carolina Water- had not taken the final step—and the Williams of Lodge in Colleton County, melon Board in Columbia. They all same strict requirement of final action Senators and their aides tomorrow will have worked extremely hard to ensure should be applied to billionaires who be able to taste the sweet, juicy, red that Senators can get a taste of South are in the process of renouncing their meat of the melon that we call smile Carolina. citizenship. fruit. All day Tuesday, my staff will I trust that all Senators and their If they had not completed the final deliver more than 500 watermelons to staffers will savor tomorrow one of the step by February 6, they should not be offices throughout the Senate. finest examples of the excellent able to use the loophole. This year, farmers in South Carolina produce we grow in our State. I also Fortunately, the Democrats pre- planted more than 11,000 acres of wa- hope to see many folks wearing their vailed on the effective date, because of termelons. We produce all kinds of wa- ‘‘I love watermelon’’ stickers in cele- the spotlight placed on the issue. But termelons—Jubilees, Sangrias, bration of the fruit that makes every- that still did not stop them from find- Allsweets, Star Brites, Crimson one smile—South Carolina water- ing an additional loophole for some of Sweets, red seedless, yellow seedless, melons. those seeking exemption. and a variety of other hybrids mar- f To help these expatriates, the Repub- keted in the Eastern United States. licans on the committee carved a new Through the end of this month, farm- MILO WINTER loophole for expatriates who become a ers in Allendale, Bamberg, Barnwell, Mr. PRESSLER. Mr. President, citizen of a country in which the indi- Colleton, Hampton, and other southern today I am pleased to pay tribute to an vidual’s spouse or parents were born. South Carolina counties will harvest outstanding educator, Mr. Milo Winter, In sum, at a time when Republicans hundreds of thousands of watermelons. of Rapid City, SD. Throughout his ca- in Congress are cutting Medicare, edu- In the Pee Dee areas around Chester- reer, he made tremendous contribu- cation, and other essential programs in field, Darlington, and Florence Coun- tions to our State in music education. order to pay for lavish tax cuts for the ties, the harvest will continue until For the past 26 years, Milo served as rich, they are also maneuvering to sal- about August 20. band director at Stevens High School. vage this unjustified loophole for the Mr. President, the bottom line is The community of Rapid City knows least deserving of the superwealthy— that all of these farmers will be labor- him for his commitment to education billionaires who renounce America, ing in the heat and humidity to bring and his drive for excellence. However, after all America has done for them. Americans what we call Mother Na- his reputation extends far beyond the I say, this loophole should be closed ture’s perfect candy. Our remarkable borders of our State. He is known now, and it should be closed tight—no watermelons are sweet, succulent, and, across the United States for his work ifs, ands, or buts. I intend to do all I most importantly, nutritious and at band festivals and clinics. can to see that it is. fatfree. However, while many of us To see Milo’s positive effect on his Let us close the loophole, not just savor the taste of juicy pink water- students and the community, one needs pretend it is being closed as the Ways melons at the beach, at barbecues, and only look at the achievements of the and Means Committee bill does. at family reunions, we often forget the Rapid City Stevens Band. In 1975, the f work and labor that goes into produc- band was selected by the United States ing such a delicious fruit. In fact, if Bicentennial Commission to represent WAS CONGRESS IRRESPONSIBLE? you ask many children these days the United States at a music festival LOOK AT THE ARITHMETIC where watermelons come from, they held in the former Czechoslovakia. Mr. HELMS. Mr. President, the sky- will answer ‘‘the grocery store.’’ The This was the first performance by an rocketing Federal debt, which long ago truth is, Mr. President, that our farm- American high school band behind the soared into the stratosphere, is in a ers are among the most often forgotten Iron Curtain. In 1981 and 1984, the band category like the weather—everybody workers in our country. Without their received first place honors at the Cher- talks about it but scarcely anybody dedication and commitment, our Na- ry Blossom Band Festival here in had undertaken the responsibility of tion would not enjoy such a wonderful Washington, DC. The band’s appear- trying to do anything about it. That is, selection of fresh fruit, vegetables, and ance in the 1987 Tournament of Roses not until immediately following the other foods. Parade in Pasadena, CA, marked the elections last November. South Carolina farmers lead the way first time a band from South Dakota When the new 104th Congress con- in the production of watermelons. For performed in this world-famous parade. vened in January, the U.S. House of example, my State was a leader in the Perhaps the greatest honor the band Representatives quickly approved a development of black plastic and irri- has earned is the Sudler Flag of Honor. balanced budget amendment to the gation to expand the watermelon grow- This award, presented in 1987, is one of U.S. Constitution. In the Senate all but ing season. By covering the earth in the most prestigious awards a band can one of the 54 Republicans supported the the spring with black plastic, farmers receive. To receive this award, bands balanced budget amendment; only 13 are able to speed up the melons’ growth must be nominated for their outstand- Democrats supported it. Since a two- by raising soil temperatures. In addi- ing performance of march music and be thirds vote is necessary to approve a tion, the plastic allows farmers to shut approved by a national committee. S 9604 CONGRESSIONAL RECORD — SENATE July 10, 1995 Milo’s leadership made these achieve- most vivid personalities have been cause the inheritance of their father to ments possible. He consistently set those of women—such as Sarah, Re- pass unto them.’’ Moses wrote a new high expectations for students, then bekah, Rachel, Hannah, and Mary, the law which stated: ‘‘If a man die, and saw them through with his own blend Mother of Jesus—even with such have no son, then ye shall cause his in- of encouragement and discipline. He women as Jezebel and Potiphar’s wife. heritance to pass unto his daughter.’’ demanded much of his students, but Many of the women depicted in the The daughters of Zelophehad had gave generously of his talent and effort scriptures exerted great influence over filed one of the earliest reported law- in return. their husbands, over kings, and over suits on record. In the American Bar This drive for excellence has been nations. Many of the women remain Association Journal of February, 1924, with Milo throughout his life. After re- nameless and some appear in groups there was an article in which this deci- ceiving his degree from Augustana and under such headings as daughters, sion of the daughters of Zelophehad is his masters from the University of wives, mothers, widows. We are told of quoted. It is described as an ‘‘early de- South Dakota, Milo continued his pur- Lot’s wife, the woman who looked claratory judgement in which the prop- suit of music by serving in the U.S. back, and 15 words in the Old Testa- erty rights of women marrying outside Army Band for 2 years. ment tell her story—one brief, dra- of their tribe are clearly set forth.’’ Upon leaving the Army, Milo taught matic record that placed her among The decision handed down in this time music at Beresford High School. After 2 the well known women of the world. of Moses was a great victory for these years as the band director at Rapid The 15 words are, ‘‘But his wife looked five daughters. At last a woman had City Central High, he accepted the po- back from behind him, and she became rights, because these five women had sition as band director at the newly a pillar of salt.’’ declared theirs and had had the cour- created Rapid City Stevens High where Then there is Jochebed, the mother age to fight their case through with he continued teaching for the rest of of Moses—Hebrew lawgiver, statesman, the authorities. and leader—and her name rises up his career. The only woman in the Bible who today, some 35 centuries later, as one Milo instilled a love of music in was placed at the height of political of the immortal mothers of Israel. many students, but countless students power by the common consent of the Miriam is the first woman in the came away from his classroom with people was Deborah. Though she lived Bible whose interest was national and much more. The lessons they learned in the time of the ‘‘Judges,’’ some thir- whose mission was patriotic. She was about setting goals, teamwork, atten- teen centuries before Christ, there are the brilliant, courageous sister of tion to detail, and perseverance will few women in history who have ever Moses, and when she led the women of stay with students throughout their attained the public dignity and su- Israel in that oldest of all national an- lives. Many of these students will preme authority of Deborah. She was thems, ‘‘Sing unto the Lord,’’ four cen- count Mr. Winter among those leaders like Joan of Arc, who 27 centuries turies of bondage in Egypt had been who forever shaped their careers and later, rode in front of the French and lifted. It was a turning point in Israel’s characters. Mr. President, students in led them to victory over the English. South Dakota have been blessed with a religious development, and a woman One of the most lovable women in the tremendous teacher and role model. On led in its recognition. Miriam is the Bible is Ruth, and her abiding love em- behalf of the people of South Dakota, I first woman singer on record. The won- braces the person one might least ex- thank Milo and wish him the best in der of it is that she sang unto the Lord, pect it to—her mother-in-law, Naomi. his retirement. using her great gift for the elevation of Ruth was not only an ideal daughter- Mr. BYRD. Mr. President, I will prob- her people, who, with her, exalted over in-law, but she was also an ideal wife ably require longer time than the re- their escape from their enemies. and mother. Her story, which finally maining minutes before 1 o’clock. I ask The first women to declare their culminates in her marriage to Boaz, a unanimous consent that I may use such rights on the death of their father were man of influence, is one of the most time as I may consume. the five daughters of Zelophehad: The PRESIDING OFFICER (Mr. Mahlah, Noah, Hoglah, Milcah, and beautiful romances in the Bible. FRIST). Without objection, it is so or- Tirzah. Their father, a Manassite, had Then there was the woman of Endor, dered. died in the wilderness, and the daugh- to whom King Saul went in despera- tion, and she foretold his death. The f ters explained that he was not in the company of Korah, who had rebelled King James version of the Bible, which C. ABBOTT SAFFOLD against Moses. Because their father is the only version of the Bible that I Mr. BYRD. Mr. President, Walt Whit- had not died, therefore, for any cause will read, calls her ‘‘A woman that man said that man is a great thing that doomed their family or their in- hath a familiar spirit.’’ Some modern upon the Earth and through eternity heritance, they declared that they were writers have dubbed her the ‘‘Witch of but that every jot of the greatness of clearly entitled to what he had left. Endor.’’ Lord Byron has called her the man is enfolded out of woman. Shake- This happened at a critical time with ‘‘Phantom Seer.’’ Kipling gives one of speare, in King Lear, tells us that Israel. A new census had been made, the most vivid portrayals of all in ‘‘Women will all turn monsters.’’ preparatory to an entrance into the these lines: In the book of Genesis, however, we Promised Land. The new land would be Oh, the road to Endor is the oldest road are told that God, seeing the incom- distributed according to the census And the craziest road of all. pleteness of man standing alone, want- taken before Israel departed from Straight it runs to the witch’s abode ed to find a helper for him. And so God Egypt for the Promised Land. The As it did in the day of Saul, created this helper—Eve—whose name daughters of Zelophehad had been num- And nothing has changed of the sorrow in means ‘‘Life,’’ and God created Eve bered among all those in the tribes who store from the rib of Adam himself. The sym- either were 20 years of age or would be For such as go down the road to Endor. bolism of the rib is that it was taken 20 by the time the land actually was The first reigning Queen on record from the place nearest to Adam’s distributed, but they knew that under who pitted her wits and wealth against heart, thus indicating the close rela- existing customs, they would have no those of a king was the Queen of Sheba. tionship of man and woman. The real property rights, even in the new land. She came to Jerusalem from her king- essence of the story is that man and What did they do? They marched before dom in Southwestern Arabia to inves- woman were made for each other, that Moses and stated their case publicly. In tigate all that she had heard about Sol- woman is bone of his bone and flesh of order to be fair in the settling of the omon, Israel’s wisest and wealthiest his flesh. In the Genesis account, Eve is daughters’ case, Moses went before king. She worked out a trade zone de- elevated to Ethereal beauty and lofty God, a God of justice and right, and the marcation and alliance with Solomon, dignity. Milton, in his ‘‘Paradise great lawgiver came back and declared: and Solomon’s commercial expansion Lost,’’ has called her Queen of the Uni- ‘‘The daughters of Zelophehad speak followed after her visit. She was one of verse and fairest of the fair. right; thou shalt surely give them a many rulers from far and wide who Throughout all the ages of mankind’s possession of an inheritance among sought to learn about Solomon’s wis- existence on this Earth, some of the their father’s brethren; and thou shalt dom. Others sent Ambassadors, but she July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9605 was the only one to go herself, travel- ciples followed Mary Magdalene to the baster box of ointment of spikenard. ing a 1,200-mile journey by camel cara- sepulcher. John went in first and gazed She broke the box and poured the pre- van. She was a courageous, resourceful in silent wonder at the open grave, and cious ointment on the head of our woman. The Queen of Sheba lives on then Peter came and saw that the Lord. Some of those persons who ob- now, nearly 30 centuries since her visit, grave was empty and that the linen served this were very indignant and as a woman whose spirit of adventure cerements were lying neatly folded in asked the question, ‘‘Why was this and whose resourcefulness, courage, the empty sepulcher. Mary Magdalene, waste of the ointment made? For it and curiosity have not been surpassed possessing a woman’s sensitivity and might have been sold for more than by any queen in history. She certainly able to believe even what eyes cannot three hundred pence, and have been had a sense of good public and inter- behold, returned to the tomb and given to the poor.’’ And so they mur- national relations which is unparal- looked inside, where she saw two an- mured against the woman, but Jesus leled among many of the national lead- gels in white sitting there, the one at said, ‘‘Let her alone. Why trouble ye ers of today. the head and the other at the feet, her? Ye shall have the poor with you Esther is the central figure in what is where the body of Jesus had lain. always, and whensoever ye will, ye one of the most controversial books in Strange it was that the first word spo- may do them good; but me, ye have not the Old Testament, because not once ken inside the empty tomb should be always.’’ Jesus said, ‘‘She hath done does the name of God appear in that ‘‘Woman.’’ And then there followed the what she could; she is come aforehand book. But its significance and impor- angel’s question: ‘‘Why weepest thou?’’ to anoint my body to the burying’’. tance to Jewish history stems from the Mary Magdalene answered, ‘‘Because Jesus went on to say that weresoever fact that it has become a patriotic they have taken away my Lord, and I his gospel would be preached through- symbol to a persecuted people of the know not where they have laid him’’. out the whole world, this act of kind- ultimate triumph of truth and justice. Then she turned, and Jesus stood be- ness which the woman had done, ‘‘shall And the courage of Esther becomes the fore her. Not until he spoke her name, be spoken of for a memorial of her.’’ dominating factor in the salvation of ‘‘Mary,’’ did she recognize that he was And so it is, that I am here today, her people. Though the author of the Jesus. Her lonely watch by the grave in twenty centuries later, speaking on the book of Esther is not known, historians the early morning had been an evi- Senate floor about this nameless confirm the fact that he showed an dence of her faith. Because of her faith, woman who gave of her treasured pos- amazingly accurate knowledge of Per- she became the first witness to the res- session to honor Him who was about to sian policies and customs, and critics urrection of our Lord and Savior, Jesus die. And, as Jesus foretold, this display place his work among the masterpieces Christ. of reverence and adoration by this of literature. Like many great char- Lydia was a business woman, a ‘‘sell- nameless woman, shall be told and re- acters in history, Esther makes her er of purple,’’ and probably one of the told through all of the centuries to first appearance as one of the humblest most successful and influential women come. of figures, an orphan Jewess. But 4 of Philippi, but more than that, she Mr. President, one could speak vol- years later, she rises to the position of was a seeker after truth, and thus she umes about the women of the Bible or a queen of amazing power—a power became Europe’s first convert to Chris- the great Roman matrons or the which she manages to use wisely. The tianity. Her house became the first women of ancient history or the ancient writer’s estimate of Esther’s meeting place of Christians in Europe. women of the middle ages, and women importance to the story becomes ap- Lydia will ever stand among the im- of our own times. There is much to be parent, for in this short Bible book, Es- mortal women of the Bible, for she said, for example, through words of ther’s name appears 55 times. The picked up that first torch from Paul at praise concerning the women who have name of no other woman in the Bible is Philippi and carried it steadfastly. She been associated with our own institu- recorded so often. was one of many to spread the Gospel tion, the United States Senate—Mem- The setting is placed in the sump- of Jesus Christ through Europe and bers, as well as workers who have la- tuous palace of the Persian Empire then farther and farther Westward, and bored faithfully, day after day, year during the time of Artaxerxes II, who it became brighter as the centuries un- after year, in the service of the Senate. reigned 404–358 B.C. I shall not relate folded. And it is such women, many of whom this fascinating story here today, but One of the most influential women in will always remain nameless, who, Esther had a strong belief in prayer, the New Testament Church was Pris- through the years, and throughout all and she went before the king to inter- cilla, a Jewess who had come out of the parts of the globe, have been the cede on behalf of her people. As she Italy with her husband Aquila, who real pillars of civilization. made ready to appear before the king, lived first at Corinth and later at Eph- I rise today to pay tribute to just one of the most courageous assertions esus. They had left Rome at the time such a worthy person—a true profes- made by a woman in the Bible is cred- when Claudius, in his cruel and unjust sional, a staffer of such talent, energy, ited to Esther. She said: ‘‘So I will go edict, had expelled all Jews. It is re- and engaging personality that she is in unto the king, which is not accord- corded that she and her husband were known throughout the Senate commu- ing to the law; and if I perish, I per- tent makers. The Apostle Paul stayed nity simply by her first name—Abby. ish.’’ Here is a woman who had not with them at Corinth. She became a Abby Saffold has been a school teacher, only high courage but also sincere great leader in the church at Corinth a case worker, a legislative correspond- faith and devotion to the cause of her and at Ephesus and later at Rome. In ent, a legislative secretary, chief clerk people. She had received a message the latter two places, she had a church of a Senate subcommittee, a legislative from her cousin Mordecai, placing upon in her home. Christians honor her assistant, a Floor Staff Manager, Sec- her this great responsibility. He said: today because she served God ‘‘accept- retary for the Majority (a post to ‘‘Who knoweth whether thou art come ably with reverence and godly fear’’, which I appointed her in 1987), and now to the kingdom for such a time as and because she was not ‘‘forgetful to Secretary for the Minority. She is the this?’’ entertain strangers; for thereby some first female to ever hold the post of Mr. President, challenging words have entertained angels unawares.’’ Secretary for the Majority. these were for a young, inexperienced Priscilla, let us not forget, had enter- In short, Abby has done it all, and queen, and they have come down to us tained a stranger, Paul, and from him done it all very, very well. Few staff- through the centuries, and may be con- had learned to strive to be ‘‘perfect in ers, indeed, few members, possess her sidered applicable to us in the face of every good work . . . working in you grasp and understanding of the work- the challenges of our own time. that which is wellpleasing in his sight, ings and the purpose of the institution It was Mary Magdalene who was the through Christ Jesus.’’ of the United States Senate. Her first to see Christ’s empty tomb, and Mr. President, I shall close my brief knowledge of legislative strategy, her she was the first to report to the disci- comments on the women of the Bible, managerial ability, and her negotiating ples the miracle of the resurrection, by referring to the time when Christ prowess are all well known and greatly the greatest event the Christian world sat at the house of Simon the leper, appreciated by everyone who has ever has ever known. Certain of Christ’s dis- and there came a woman having an ala- had the pleasure of working with Abby. S 9606 CONGRESSIONAL RECORD — SENATE July 10, 1995 She is really unexcelled when it The Senate resumed consideration of Members as we continue to go on here. comes to an intuitive sense of this Sen- the bill. We all know the regulatory process is ate and its machinations. Abby is the Pending: out of control. Regulators have an in- literal personification of the wonderful Dole amendment No. 1487, in the nature of centive to regulate. ability to maintain great grace under a substitute. Some regulations are not only coun- extraordinary pressure—the true mark The PRESIDING OFFICER. Under terproductive, they are just plain stu- of the professional. the previous order, the Senator from pid, as some I have just mentioned. The Few individuals understand the great Michigan is recognized to offer an status quo is not acceptable to the personal sacrifice routinely made by amendment relative to small business. American people, especially if they get the legislative floor staff here in the Mr. ABRAHAM. Mr. President, I will to know what is really going on in our Senate, on both sides of the aisle. Un- shortly offer the Abraham amendment. society. And they all suspect the costs predictable schedules, long hours, in- In essence, our amendment would en- of regulation are mounting. Paperwork tense pressures, time away from loved sure that Federal agencies periodically costs the private sector and State and ones at important moments, broken assess the utility of regulations that local governments a small fortune. engagements with friends and family— disproportionately impact small busi- Compliance costs cost even a bigger all are experienced to some degree by ness. fortune. senior Senate staffers, but no one I think it is critically important any Regulation restricts freedom. What group experiences these demanding and regulatory reform bill take into ac- you can use your own land for, what trying disruptions with more frequency count concerns of America’s small medical treatment you can have or than the Senate floor staff. businessmen and women. provide for your family, what your These positions, in particular, de- At this time, I yield to the distin- company is required to do, et cetera, et mand extreme dedication, steady guished chairman of the Judiciary cetera. nerves, alert and facile minds, hearty Committee as much time as he desires It is especially onerous on small busi- constitutions, patience, and a deep and for comment. nesses. Regulatory reform is absolutely abiding love for, and dedication to, this Mr. HATCH. Mr. President, I thank necessary to get the Federal Govern- institution and the important work it my colleague, and would like to thank ment off our backs. For economic flexi- must perform. Never was there a better the distinguished ranking member of bility and growth as well as to reform example of that dedication than C. Ab- the Appropriations Committee, Sen- personal freedoms, we need to change bott Saffold. She is in every way a ator BYRD, for his excellent remarks the way in which the Federal Govern- marvel, with the ability to perform dif- covering the women of the Bible as ment regulates. ficult and demanding duties, always well as I have heard him cover on the Regulatory reform is an essential with a pleasant demeanor and un- Senate floor, and his tribute to Abby part of making Government smaller. equaled coolness under fire. Saffold, who, of course, all Members Regulatory reform will mean less Fed- I would be less than honest if I did have a great deal of respect for. eral spending, lower Federal taxes, not admit that Abby’s decision to leave Mr. President, I intend to start each fewer Federal regulations, smarter reg- us causes me considerable sadness, be- day in this debate—I may not fully ulations, and accountability on the cause she is so much a part of the Sen- comply—with the top 10 list of silly part of those in the bureaucracy. ate family. In many ways, I cannot regulatory requirements. This bill is about common sense. I imagine the Senate without her. I I would pick a few at random today. think most Americans would agree know that for many months after her Let me start with No. 10: Delaying a that our Federal Government is out of departure, I shall search in vain for her Head Start facility by 4 years because control and that the overregulatory familiar cropped head and her friendly of the dimensions of the rooms; No. 9, system is eating us alive, especially in grin in the Chamber, only to have to forcing a man to choose between his re- terms of the burdens it places on all remind myself once again that she has ligion and his job because rules do not Americans. gone. allow workers to wear a mask over a This bill simply requires that Gov- I offer her my heartfelt congratula- beard—stupid rules, I might add, silly ernment agencies issue rules and regu- tions on an outstanding Senate career, regulatory requirements; No. 8, throw- lations that help, rather than hurt, and on her service to her country. Cer- ing a family out of their own home be- people. It will require that the Federal tainly I wish her blue skies and happy cause of painted over lead paint, even bureaucracy live by the same rules days as she begins her well-earned re- though the family is healthy; No. 7, that Americans have to live by in their tirement time. But, I cannot deny that fining a gas station owner $10,000 for own lives—you and I and everybody I regret her leaving. I shall miss her not displaying a sign stating that he else. These rules are that the benefits friendship and her always sage advice. accepts motor oil for recycling; No. 6, of what you are telling people to do As Paul said of two women Euodias and reprimanding a Government employee have to justify the cost. Syntyche—both eminent in the church who bought a new lawn mower with his The notion of common sense and ac- at Philippi—‘‘They labored with me in own money but failed to go through countability and rulemaking may be a the gospel,’’ so I say to Abby: ‘‘You la- the proper procedures; No. 5, citing a radical idea inside the Washington bored with me in service to the Na- farmer for converting a wetland when beltway, but I believe that our fellow tion.’’ For me, there will never be an- he fills his own manmade earthen Americans are smothered in bureau- other Abby. stock tank and made a new one, else- cratic red tape in all aspects of their where on his property—on his own lives and they are pretty darned tired f property, I might add. No. 4, failing to of the status quo. CONCLUSION OF MORNING approve a potentially lifesaving drug, This bill will not mean an end to BUSINESS thus forcing a terminal cancer patient safety and health regulations, as some to go across the border to Mexico to of its critics would have you believe. The PRESIDING OFFICER. Morning have it administered; No. 3, prohibiting All it will mean is that the people in business is closed. an elderly woman from planting a bed Washington who devise such rules will f of roses on her own land; No. 2, fining have to ensure that the interpretations a man $4,000 for not letting a grizzly of those rules, or the rules themselves COMPREHENSIVE REGULATORY bear kill him. make sense. They will have to quit REFORM ACT These are my top 10 list of silly regu- being the protectors of the status quo. The PRESIDING OFFICER. Under latory requirements. No. 1: Requiring MYTHS AND FEARS: UNFOUNDED ATTACKS ON the previous order, the Senate will now Braille instructions on drive-through S. 343 resume consideration of S. 343, which ATM machines. We can see a lot of rea- In his first inaugural address, Frank- the clerk will report. son for that in our society today. lin Delano Roosevelt inspired a nation The bill clerk read as follows: These are just a few of the reasons beleaguered by the Great Depression A bill (S. 343) to reform the regulatory why we are here today. I intend to with these calming words: ‘‘We have process, and for other purposes. bring some more to the attention of nothing to fear but fear itself.’’ Now July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9607 certain Democrats, representing the these far-left liberal outrageous groups tition to review a rule not on a review left of that great party and claiming to compared a cost-benefit analysis with schedule granted, the petitioner must be the political heirs of Roosevelt, what happened under Hitler’s regime. demonstrate a reasonable likelihood have turned 180 degrees. Instead of It is hard to believe that we would that the existing rule does not meet pacifying hysteria they are engaging in have that in this day and age, from the decisional criteria section. In other the worst form of fear mongering. groups that claim to be representing words, that the rule would not be cost- They content that regulatory reform the public. effective if the rule was promulgated will either overturn 25 years of envi- Let us just forget that myth, because under the standards set forth in the ronmental law or roll-back environ- opponents of S. 343, although they bill. This is an expensive proposition, mental, health, or safety protection. claim that the cost-benefit analysis re- for the petitioner must do a cost-bene- They also claim that passage of this quirement in the bill requires that fit analysis to demonstrate this point. bill will clog the courts, allow judges costs and benefits be quantified, their Ultimately, with regard to the peti- to second-guess scientific findings, argument is that benefits, such as tion process, it simply boils down to delay needed rulemaking, and require clean air or good health, are too sub- whether one thinks that the status quo the creation of a new bureaucracy of jective to be quantified. As a result, is acceptable or not. Understandably, thousands. benefits will be understated and rules defenders of the status quo are horri- Nothing could be further from the consequently will not adequately pro- fied at the prospect that perhaps some- truth. Indeed, the root of the hysteria tect health, safety, or the environ- thing ought to be done about rules al- of the left is not a concern over the ment. That is their argument. ready in existence whose costs to the protection of health, safety, or the en- There is only one problem with this American people are greater than the vironment, but a concern over the loss argument: S. 343 explicitly states that benefits that result. I disagree, of of power. The liberal agenda has agencies must consider qualitative—as course, with that attitude. usurped power to the Federal agencies, well as quantitative—factors in weigh- Myth No. 5: The judicial review pro- which have become the left’s biggest ing costs and benefits, Section 624 even vision will create scores of new cause constituency. Real regulatory reform, goes so far as to allow agencies to se- of actions clogging the courts and such as S. 343, you see, will whittle lect a rulemaking option that is not would allow judges to second guess away at the excesses of the modern the least costly if a nonqualitative con- agency scientific conclusions. Section centralized administrative state. It sideration is important enough to jus- 625 of the bill makes clear that judicial will force the bureaucracy to rational- tify the agency option. review of a rule is to based on the rule- ize and make more cost-effective its Myth No. 3: The requirements for making file as a whole. Noncompliance rules and regulations. It will shift cost-benefit analysis and risk assess- with any single procedures is not power back from Washington to the ments will harm health, safety, and the grounds to overturn the rule unless the grass roots of the people. It will trans- environment by delaying implementa- failure to follow a procedure amounts form bureaucracy into democracy. tion of needed regulations. This is sim- to prejudicial error—which means the This bill is a commonsense measure. ply not true. S. 343 contains emergency failure would effect the outcomes of It simply requires Federal bureaucrats exemptions from cost-benefit analysis the rule. Thus, section 625 would not to ask how much a rule will cost and and risk assessments in situations allow for courts to nit-pick rules. what the American people will get in where regulations need to be enacted Moreover, section 625 requires courts return. Passage of this bill, in fact, will to prevent immediate harm to health, to employ the traditional arbitrary and foster the protection of health, safety, safety, and the environment. Further- capricious standard, a standard which and the environment by assuring that more, agency actions that enforce requires courts to show deference to the American taxpayer will get more health, safety, and environmental agency factual and technical deter- bang for the buck. It does so by man- standards, such as those concerning minations. This prevents courts from dating that the costs of regulation drinking water and sewerage plants, second, guessing agency scientific find- must justify the benefits obtained and simply are not covered by the Act. ings and conclusions. that the rule must adopt the least cost- In any event, the cost-benefit analy- I would also note that it is ironic ly alternative available to the agency. sis and risk assessment requirements that those who oppose the judicial re- This will assure more efficient regula- are hardly novel. Under orders on regu- view provision of S. 343 on the grounds tions, ultimately saving taxpayers lations that go back to the administra- that it will clog the courts are the hundreds of millions of dollars. Actu- tion of President Ford, most agencies same people who oppose meaningful ally, billions of dollars. must already perform cost-benefit legal reform. Let me address certain myths arising analyses for numerous rulemakings Why? Because they want these law- from the fear campaign of the oppo- and many agencies, such as EPA, al- suits to continue everywhere else. nents of S. 343: ready conduct risk assessments as a They just do not want the American Myth No. 1: The bill will overturn or routine matter. What this bill will do people and individual citizens and rollback environmental protection or is to assure that cost-benefit analyses small businesses to be able to sue to health and safety laws. That is pure are done for all rulemakings and that protect their rights against an all-in- poppycock. Section 625 of the bill, the risk assessments are based on good trusive Federal Government which is decisional criteria section, makes clear science. over-regulating them to death. that the cost-benefit and risk assess- Myth No. 4: The agency review and Myth No. 6: Implementation of the ment requirements supplement exist- petition process will open up all exist- bill would require a new bureaucracy of ing statutory standards. Thus, there is ing rules for review and this will grind thousands. First of all, many agencies, no supermandate that overturns statu- all agency activities to a halt. The such as EPA, already perform cost-ben- tory standards, such as the recently agency review and petition process will efit analyses and risk assessments. passed House regulatory reform bill. have no effect on reasonable regula- This is because of the existing execu- Instead, S. 343 works much the way the tions. Only those regulations imposing tive order that requires such analyses National Environmental Policy Act unreasonable costs without significant for rules effecting the economy at $100 does. Where NEPA requires agencies to benefits and rules based on bad science million. According to an EPA source, consider environmental impacts, S. 343 are likely to be modified or repealed. I ‘‘[o]ne big misconception about these requires agencies to consider cost of might ask what is wrong with that? bills is that risk assessments and cost- the regulation. Neither statutory Moreover, not all rules must be re- benefit analysis requires a lot more scheme overturns existing health, safe- viewed. Only major rules, which have work than has routinely been done at ty, or environmental standards. an expected effect of $50 million on the EPA.’’ Second, the requirement for So, forget about myth No. 1. It is economy need be reviewed. And the peer review panels to assure good phony. It is a lie. agencies have 11 years to review these science and plausible estimates for risk Myth No. 2. They say cost-benefit rules. This is more than ample time to assessments, will not significantly analysis is unworkable because we can- review rulemakings. As to the petition hinder the promulgation of rules. Peer not quantify benefits. In fact, one of process, to be successful in having a pe- review only applies to risk assessments S 9608 CONGRESSIONAL RECORD — SENATE July 10, 1995 that form the basis for major rules— Mr. GLENN. I know they were pre- Sec. 622(e)(1)(E)—Cost-benefit analyses are having the effect on the economy of $50 paring a unanimous-consent request to not required to be performed ‘‘primarily on a million annually—or major environ- that effect. We do not have that yet. mathematical or numerical basis.’’ Sec. 624(b)(3)(B)—An agency may choose a mental management activities—cost- But it was my understanding that higher cost regulation when ‘‘nonquanti- ing $10 million. those were the rules we were operating fiable benefits to health, safety or the envi- I just wanted to get rid of some of under. I just wanted to make sure ev- ronment’’ dictate that result. these myths about this bill. I am sick eryone agreed to that. Mr. ABRAHAM addressed the Chair. and tired of articles written, like the Mr. HATCH. Mr. President, I ask The PRESIDING OFFICER. The Sen- one in the New York Times, that have unanimous consent a factsheet I have ator from Michigan. no basis in fact. As a matter of fact, I with me be printed in the RECORD at Mr. ABRAHAM. Mr. President, it was think this is one of the most hysterical this point, as well. my understanding that when the Sen- displays by the far left that I have There being no objection, the mate- ator from West Virginia concluded and seen. And it is even worse than the rial was ordered to be printed in the we began discussion on the regulatory ‘‘People For The American Way’’ full- RECORD, as follows: reform bill, that there would be 2 hours page ad against Judge Robert Bork S. 343: RESPONSIBLE REGULATORY REFORM of time equally divided between myself THAT PROTECTS HEALTH, SAFETY AND THE that had some, as I recall, close to 100 and Senator GLENN; and that the time ENVIRONMENT absolute fallacious assertions in it that for Senator HATCH’s statement—I did S. 343 DOES NOT OVERRIDE EXISTING HEALTH, they never once answered after I point- yield to him—was to come out of my SAFETY AND ENVIRONMENTAL LAWS ed them out. time. Mr. JOHNSTON. Will the Senator Sec. 624(a)—Cost-benefit requirements ‘‘supplement and [do] not supersede’’ health, I agree with that. I would like to yield? know how much of my hour remains at Mr. HATCH. I will be happy to yield. safety and environmental requirements in existing laws. this point. Mr. JOHNSTON. One of the myths Sec. 628(d)—Requirements regarding ‘‘envi- The PRESIDING OFFICER. The time put out about the so-called Dole-John- ronmental management activities’’ also is 30 minutes remaining. ston amendment is that it contains a ‘‘supplement and [do] not supersede’’ re- Mr. ABRAHAM. Mr. President, I do supermandate. That is, that the quirements of existing laws. not think that is correct. I believe Sen- present requirements of law—for exam- S. 343 PROTECTS HUMAN HEALTH, SAFETY AND ator HATCH spoke for 30 minutes. ple, on the Clean Air Act, when it sets THE ENVIRONMENT Mr. HATCH. Mr. President, I ask standards, for example, of maximum Sec. 622(f) and Sec. 632(c)(1)(A)—Cost-bene- unanimous consent that the time achievable control technology or the fit analyses and risk assessments are not re- yielded to both sides on this matter quired if ‘‘impracticable due to an emer- other specific requirements of law— will have begun at 1:15. that somehow those are overruled by gency or health or safety threat that is like- ly to result in significant harm to the public Mr. GLENN. Mr. President, reserving this bill. or natural resources.’’ the right to object, would this then Would the Senator agree with me Sec. 624(b)(3)(B)—An agency may select a mean that the time certain that was that the language is very clear in say- higher cost regulation when established for a vote later this after- ing that does not happen under this ‘‘nonquantifiable benefits to health, safety noon at 5:15 would have to be set back bill? To quote the language, it ‘‘supple- or the environment’’ make that choice ‘‘ap- in accordance with that? ments and does not supersede the re- propriate and in the public interest.’’ The PRESIDING OFFICER. Not nec- quirements of the present law.’’ And, in Sec. 624(b)(4)—Where a risk assessment has been done, the agency must choose regula- essarily. fact, other language in the bill specifi- tions that ‘‘significantly reduce the human Mr. GLENN. Then, Mr. President, cally points out that there will be in- health, safety and environmental risks.’’ something has to give here because we stances where, because of the require- Sec. 628(b)(2)—Requirements for environ- were supposed to have a certain time ments of present law, you cannot meet mental management activities do not apply set aside for Senator NUNN, which I be- the tests of the risk justifying the where they would ‘‘result in an actual or im- lieve was 2 hours—2 hours for Senator cost? The benefits justifying the cost? mediate risk to human health or welfare.’’ ABRAHAM and 2 hours for Senator Sec. 629(b)(1)—Where a petition for alter- And, in other words, the requirements native compliance is sought, the petition NUNN; is that correct? of present law, under the instant Dole- may only be granted where an alternative The PRESIDING OFFICER. Origi- Johnston amendment, would still be in achieves ‘‘at least an equivalent level of pro- nally, that would have been 2 hours on effect and would not be overruled by tection of health, safety, and the environ- the first amendment and 2 hours and 15 this bill? Would the Senator agree with ment.’’ minutes on the second. me? Sec. 632(c)—Risk assessment requirements Mr. GLENN. What would be the tim- Mr. HATCH. I agree 100 percent with do not apply to a ‘‘human health, safety, or ing on the vote this afternoon if we the distinguished Senator from Louisi- environmental inspection.’’ agreed to the proposal made by the ana, who has coauthored the bill along S. 343 DOES NOT DELAY HEALTH, SAFETY AND Senator from Utah? ENVIRONMENTAL RULES with Senator DOLE and others here. Mr. ABRAHAM. Mr. President, I ob- Section 625 of this bill, the decisional Sec. 622(f) and Sec. 632(c)—Cost-benefit and ject to the proposal of the Senator risk assessment requirements are not to criteria section, makes clear that the delay implementation of a rule if ‘‘imprac- from Utah in that the Senator from cost-benefit assessment requirements ticable due to an emergency or health or West Virginia did not conclude his re- supplement existing statutory stand- safety threat that is likely to result in sig- marks until 1:25 p.m. We were to start ards. nificant harm to the public or natural re- at 1:25. I would have no objection in Mr. GLENN. Will the Senator sources.’’ calculating based on that. yield—— Sec. 533(d)—Procedural requirements under The PRESIDING OFFICER. The Mr. HATCH. Thus, there is absolutely the Administrative Procedures Act may be Chair will announce that the bill was waived if ‘‘contrary to the public interest.’’ no supermandate. Sec. 628(b)(2)—Requirements for major en- laid down at 1:20 and that the next Mr. GLENN. For a parliamentary in- vironmental management activities are not amendment would be laid down at 3 quiry? I wanted to straighten out the to delay environmental cleanups where they o’clock pursuant to the previous order. time. It was my understanding the ‘‘result in an actual and immediate risk to Mr. HATCH. Parliamentary inquiry: time, starting at 2 o’clock, was to be human health or welfare.’’ As I understand, there was supposed to divided equally among proponents and Sec. 801(c)—Congressional 60-day review be 2 hours of debate. That should not opponents of the bill. The Senator from period before rule becomes final may be begin until 1:20. That means that there Michigan—it was my understanding waived where ‘‘necessary because of an im- should be 2 hours from 1:20. minent threat to health or safety or other the time so far, the time of the Senator emergency.’’ The PRESIDING OFFICER. The pre- from Utah, had come out of the time of vious agreement was that the amend- S. 343 DOES NOT PLACE A ‘‘PRICE TAG ON HUMAN the Senator from Michigan? Is that LIFE’’ ment by the Senator from Michigan correct? Sec. 621(2)—‘‘Costs’’ and ‘‘benefits’’ are de- could be laid down at 1 o’clock with no Mr. HATCH. That is correct. I have fined explicitly to include ‘‘nonquanti- other time agreement, and that the used too much of this time, so I yield fiable,’’ not just quantifiable, costs and bene- other aspect of the agreement was that back my time. fits. the amendment could be laid down by July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9609 the Senator from Georgia at 3 o’clock Redesignate subsequent subsections ac- small businesses are particularly with votes beginning at 5:15. cordingly. acute. The hidden tax of regulatory Mr. HATCH. Then I suggest, and I Mr. ABRAHAM. Mr. President, the burdens is highly regressive in nature: ask unanimous consent, that the 2- amendment I have proposed with the According to the U.S. Small Business hour time limit on this first amend- majority leader and other Senators Administration, small businesses’ ment begin at 1:20 and that the 2-hour- would ensure that the concerns of share of regulatory burdens is three and-15-minute time limit begin on the America’s small businesses are not times that of larger firms. second amendment at 3:20. overlooked or ignored during the regu- There are a number of commonsense I withdraw my unanimous-consent latory review process that S. 343 would reasons for this fact. First, unlike big request. establish. businesses, small businesses cannot Mr. GLENN. Mr. President, I suggest We need some type of meaningful spread the costs of regulation over a we proceed. We are wasting a lot of regulatory review process because, large quantity of product sold to the time on this. Let us just proceed. If we quite simply, the utility of a regula- public. Since the regulatory costs need extra time at the end, which I tion may change as circumstances borne by small businesses are thus con- doubt that we will, then we can take change. The fact that a regulation centrated on a relatively small quan- appropriate action at that time. Other- withstood cost-benefit analysis at the tity of product, those costs have a dis- wise, let us proceed and hope we can time of its promulgation provides no proportionate impact on the cost of hit the 3 o’clock deadline anyway, if assurance that it remains cost-effec- goods and services sold by small busi- that is all right with the Senator from tive 5 or 10 years later. A review proc- nesses. Put simply, the advantages of Michigan. ess with teeth, however, would ensure economies of scale apply to regulatory Mr. ABRAHAM. Very well. that regulations remain on the books costs just as they do to other costs of The PRESIDING OFFICER. Under only so long as they remain cost-effec- doing business. the previous order, the Senator from tive. Michigan is recognized to offer an Section 623 of the regulatory reform A second reason why regulations hit amendment. bill appears at first glance to address small businesses especially hard is that small businesses simply cannot afford AMENDMENT NO. 1490 TO AMENDMENT NO. 1487 the need to review periodically the to hire the lawyers, consultants, and (Purpose: To ensure that rules impacting cost-effectiveness of existing regula- small businesses are periodically reviewed tions. Agencies would be required to accountants needed to comply with the by the agencies that promulgated them) publish a schedule of regulations to be paperwork requirements that inevi- Mr. ABRAHAM. Mr. President, I send reviewed. Regulations on the schedule tably attend regulatory mandates. an amendment to the desk and ask for would be measured against the cost- When it comes to small businesses, its immediate consideration. benefit criteria in section 624 of the the agencies’ avalanche of paperwork The PRESIDING OFFICER. The bill. And, although the agency might falls not on an accounting or human clerk will report. have more than 14 years to conduct its resources department but, rather, on a The assistant legislative clerk read review of a regulation, the regulation hard-working entrepreneur who often as follows: would terminate if the agency failed to lacks the time or expertise necessary The Senator from Michigan [Mr. ABRA- complete its review of it within the to cross all the T’s in the manner the HAM], for himself, Mr. DOLE, Mr. KYL, and time allowed. agency has commanded. Mr. GRAMS, proposes an amendment num- As currently drafted, however, sec- The magnitude of this burden truly bered 1490. tion 623 contains a significant loophole. cannot be overstated. The Small Busi- Mr. ABRAHAM. Mr. President, I ask Whether a regulation is subject to re- ness Administration estimates that unanimous consent that reading of the view under section 623 depends, at least small business owners spend almost 1 amendment be dispensed with. in the first instance, on whether the billion hours per year filling out Gov- The PRESIDING OFFICER. Without agency chooses to place the rule on its ernment forms. An example illustrates objection, it is so ordered. review schedule. This amounts to the the point. Recently, a small construc- The amendment is as follows: fox guarding the henhouse. tion company inquired about bidding (a) on page 27 line 13, strike ‘‘subsection’’ Under the bill’s current language, the on a modest remodeling project at a and insert ‘‘subsections’’; and only way to add a regulation to the list post office in South Dakota. In re- (b) on page 27 line 13, after ‘‘(c)’’, insert of rules chosen by the agency is to sponse to that inquiry, the owner of ‘‘and (e)’’; and present the agency with a petition that (c) on page 30, before line 10, insert the fol- the company received no less than 100 lowing: meets the extremely demanding stand- pages of bidding instructions. Needless ‘‘(e) REVIEW OF RULES AFFECTING SMALL ard set forth in the bill. It likely would to say, Mr. President, a 100-page book BUSINESSES.—(1) Notwithstanding subsection cost hundreds of thousands of dollars of bidding instructions might as well (a)(1), any rule designated for review by the to hire the lawyers and technical ex- state on its cover that ‘‘small busi- Chief Counsel for Advocacy of the Small perts needed to prepare such a petition. nesses need not apply.’’ Business Administration with the concur- Small businesses by their very nature In short, Mr. President, given the im- rence of the Administrator of the Office of do not have such large resources at Information and Regulatory Affairs, or des- portance of small businesses to our their disposal. Thus, under the current ignated for review solely by the Adminis- economy and their disproportionate trator of the Office of Information and Regu- language of section 623, agencies poten- share of the cost of regulations, we latory Affairs, shall be included on the next- tially could overlook or even ignore need to ensure that S. 343 contains a published subsection (b)(1) schedule for the the needs of small businesses. regulatory review process that is re- agency that promulgated it. Mr. President, small businesses are sponsive to the concerns of small busi- ‘‘(2) In selecting rules to designate for re- too important to our economy to let nesses. view, the Chief Counsel for Advocacy of the that happen. Small businesses are the Small Business Administration and the Ad- engines of job creation in our Nation. Our amendment would meet that ministrator of the Office of Information and From 1988 to 1990, small businesses need by empowering the chief counsel Regulatory Affairs shall, in consultation with fewer than 20 employees created for advocacy of the Small Business Ad- with small businesses and representatives ministration, also known as the ‘‘small thereof, consider the extent to which a rule 4.1 million net new jobs, while large subject to sections 603 and 604 of the Regu- businesses with more than 500 employ- business advocate,’’ to protect the in- latory Flexibility Act, or any other rule ees lost over 500,000 net jobs during the terests of small businesses during the meets the criteria set forth in paragraph same period. It comes as no surprise, regulatory process. (a)(2). then, that 57 percent of American Under our amendment, the advocate ‘‘(3) If the Administrator of the Office of workers are employed by a small busi- would be permitted to add regulations Information and Regulatory Affairs chooses that hurt small businesses to the list of not to concur with the decision of the Chief ness. Thus, when we overlook the needs Counsel for Advocacy of the Small Business of small businesses, we put American regulations that the agencies them- Administration to designate a rule for re- jobs in jeopardy. selves have chosen to review, in accord- view, the Administrator shall publish in the And when it comes to reducing the ance with the office at the White House Federal Register the reasons therefor.’’ burden of regulations, the needs of known as OIRA. S 9610 CONGRESSIONAL RECORD — SENATE July 10, 1995 The advocate would do so pursuant tions for small businesses and more owners that I talked to and spoke with, to a simple process. First, the advocate jobs for American workers. the people who create almost all the would consult with small businesses Mr. President, I reserve the remain- jobs in our State, told me just how concerning the burdens that regula- der of my time. smothering this explosion has become. tions impose on them. Next, the advo- Mr. DOMENICI. Mr. President, I won- I would like to read a letter from one cate would consider criteria such as der if the Senator from Michigan will of my constituents in this regard, a the extent to which a regulation im- yield a few minutes to me on his small businessman in northwestern poses onerous burdens on small busi- amendment. New Mexico, Mr. Greg Anesi. He is the nesses or directly or indirectly causes Mr. ABRAHAM. Mr. President, I president of a small business in our them not to hire additional employees. yield to the Senator from New Mexico State called Independent Mobility Sys- On the basis of such input and cri- such time as he shall need. tems which makes equipment for the teria, the advocate would designate Mr. DOMENICI. Do we have enough handicapped. His business employs regulations for review. If the adminis- time for me to ask him—— quite a few handicapped people. And trator of OIRA then concurred in the The PRESIDING OFFICER. The Mr. Anesi wrote to me to tell me ex- advocate’s designation of a rule for Chair should note that time is not con- actly how crushing simply preparing such inclusion, at that point the rule trolled at this point. the paperwork required by regulations would be added to the list of regula- Mr. GLENN. Mr. President, you say has become to his small business. The tions the agencies have chosen to re- time is not controlled? letter states: The PRESIDING OFFICER. Time is view. Additionally, if OIRA itself chose When we consider hiring additional em- to designate a rule for review, that rule not controlled at this point. ployees, we are limited by the fact that the could be added to the agency’s list. Mr. DOMENICI. On this amendment. more people we employ, the greater the regu- Our amendment thus would be a Mr. GLENN. Mr. President, par- latory costs and the burdens. liamentary inquiry. The discussion we small business counterpart to the peti- Further, this crushing regulatory in- had a little while ago resulted in no tion process available to larger firms. efficiency can and does have a very agreement. Is that correct? Just as through the petition process damaging impact on the environment The PRESIDING OFFICER. That is high-priced lawyers and consultants and on human safety because it diverts correct. would ensure that regulations impact- limited financial resources from the ing big businesses are not overlooked Mr. DOMENICI addressed the Chair. The PRESIDING OFFICER. The Sen- most pressing of environmental prob- as regulations are reviewed, so, too, lems. The book called ‘‘Mandate for would this process ensure that regula- ator from New Mexico. Mr. DOMENICI. Mr. President, will Change’’ reports that in 1987, ‘‘a major tions, the heavy costs of which are EPA study found that Federal Govern- borne by small businesses, are not ig- you advise me when I have used 10 min- utes, please. ment spending on environmental prob- nored in the regulatory review process. lems was almost inversely correlated This task falls squarely within the Mr. President, the Federal regulatory process, from everything we can deter- to the ranking of the relative risks by advocate’s mission. Created by a 1976 scientists within the agency.’’ act of Congress, the advocate’s mission mine from our constituents and in var- One way to solve the problem is to is to ‘‘counsel, assist and protect small ious and sundry meetings across this use best available science when making business,’’ thereby ‘‘enhancing small land and in our States, is simply out of regulatory decisions about the environ- business competitiveness in the Amer- control. Federal regulations affect in a ment and human safety. I have been a ican economy.’’ very real way every man, woman, and champion of that, and last year in fact Pursuant to this mission, the advo- child in America. I attached the amendment to the Safe cate ‘‘measure[s] the direct costs and The cost of Federal regulations, how- Drinking Water Act. That amendment other effects of Government regulation ever, has been estimated to be as high would ensure that the best available on small businesses and make[s] legis- as a half trillion dollars a year, $500 peer-review science was used when pro- lative and nonlegislative proposals for billion. Even the most conservative es- mulgating safe drinking water stand- eliminating excessive or unnecessary timates of the cost of Federal regula- ards. regulations of small businesses.’’ The tions show that the cost of regulations advocate also administers the Regu- has a profound impact on American Nor is the use of good science in envi- latory Flexibility Act, which has af- citizens. ronmental decisionmaking a partisan forded it additional experience in as- A recent Washington Post article re- issue. In this same book, which I hold sessing the impact of regulations on ported that regulations ultimately cost up, ‘‘Mandate for Change’’, which small businesses. the average American household about President Clinton endorsed as a book In fact, by allowing the advocate to $2,000 a year. I believe one of the main which tries to move us toward a better designate rules for review, our amend- reasons these regulations cost Ameri- future, on page 216 there is a specific ment merely builds on the foundation cans so much is that often they are not call to ‘‘expand scientific research on, laid by the Regulatory Flexibility Act. generated in an efficient and common- and use of, risk assessment as part of a Under that act, the advocate reviews sense manner. That does not mean we national effort to set environmental agency analyses of the likely impact of do not need regulations, but we need priorities.’’ I am happy to see that S. proposed and final rules on small busi- efficient and commonsense regulations. 343 has incorporated environmentally nesses. Thus, under our amendment, The sheer volume of regulations pro- conscious, good science concepts in its the advocate’s role in reviewing regula- posed and finalized by Federal agencies assessment provisions. tions will be very similar to its role in every year is staggering. For example, Another way to solve problems of in- promulgating regulations. the registry, that is, the Federal Reg- efficient Federal regulations is to In summary, Mr. President, small ister, in 1994 alone runs a total of 68,107 make sure that agencies consider the businesses need an advocate in the reg- pages. They take up an entire store- costs and the benefits of the regula- ulatory review process. For too long, room of space in my office as we at- tions they promote. I understand that small businesses have been left at the tempt to follow them. will be a matter of very significant de- mercy of Federal agencies. Our amend- Mr. President, how can anyone, no bate on the floor, what standard with ment will ensure that small businesses’ matter how earnest or diligent, comply reference to costs and how will costs concerns are considered in a manner with all of these? In my State, small and benefits relate one to the other. that reflects their contribution to our business makes up about 85 to 90 per- Again, I do not believe cost analysis economy. cent of the employers. From my stand- is a partisan issue. Every President That is why the National Federation point, I have suspected that they felt since Richard Nixon, including Presi- of Independent Businesses has scored unrepresented and put upon, and about dent Clinton, has required cost-benefit our amendment as a key vote in its 2 years ago I established a small busi- analyses before rules are promulgated. rating system. ness advocacy group. We held field Unfortunately, Federal agencies are In the end, Mr. President, our amend- hearings on an informal and voluntary not performing these analyses as well ment will lead to more efficient regula- basis, and almost all the small business as they should. The fact that both S. July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9611

343 and Senator GLENN’s regulatory re- Several Senators addressed the rules and regulations. They are in the form bill contain cost-benefit sections Chair. process of doing more of that right show that both Democrats and Repub- The PRESIDING OFFICER. The Sen- now. So the Senate is interested, the licans agree on this point. Perhaps ator from Ohio. House of Representatives is interested, there is some disagreement as to how Mr. GLENN. Mr. President, I want to the administration is interested, and it one would apply the costs and the con- make some remarks on the bill itself is that important. We are united on the cept of benefits in determining whether and then some remarks specifically on need to make some changes. So this is or not the costs were justified is still in the amendment by the distinguished not a partisan thing across the aisle on order, and we will debate that. Senator from Michigan. the need. The question is how we go Mr. President, the Abraham amend- I firmly believe that this is one of the about this. ment to S. 343 allows for agencies to most important bills that we will take Let me go back a few years to 1977. put an existing regulation on a list of up this year. That probably comes as a The Governmental Affairs Committee, meaningful cost-benefit reviews. The surprise to a lot of people who think of which I am a member—I was not problem with the bill’s current lan- regulatory reform is pretty dry, ar- chairman at that time. Later on I was guage is that there are only two ways cane, and is about like watching mud chairman of the committee for 8 years. for a regulation to be put on this list. dry, as far as interest goes. It is what Senator ROTH chairs the committee First, it is up to the agency to choose we termed in the past a MEGO item, now. But back in 1977, we had what was to put an existing regulation on the ‘‘my eyes glaze over’’ when you bring it really a landmark study. It was a land- list for review, while allowing the up. That is about the interest that it mark study on regulatory reform. It agency to do this sort of thing rather will generate with a lot of people, be- resulted in OMB and OIRA changes, the than forcing them to is exactly the cause it is not debating B–2 bombers or establishment of processes there. It problem we are trying to address with the M1A2 tanks, or something like was an open process. So we had an in- these bills. Second, an interested party that. It deals with the nitty-gritty of terest through the years on these mat- can petition to get an existing rule on rules and regulations, how they get ters. the list but only if that party can show published, why they are necessary, and that the rule is a major rule. so on. In this year, we had four hearings on Showing that a rule costs the na- Lest anyone think we have a lot of the bill in committee. It was bipartisan tional economy $50 to $100 million can bureaucrats just sitting over on the in support in that committee. We delib- cost the interested party thousands of other side of town dreaming up rules erated, we considered everything ev- dollars. That is one of the problems. and regulations to put out on their own eryone wanted to consider, and we had Small business does not have thou- volition, that is not the way these a 15–0 vote when that came out of com- sands of dollars to prove that the na- things happen. mittee. There was agreement on it, and tional economy will be influenced $50 We pass laws in the Senate and in the it was a bill of balance. to $100 million. When the interested House of Representatives and we send party is a small business, that cost is I think we focused on many of the them over to the President. The Presi- very central issues, and I will get to simply out of reach no matter how ri- dent signs them. Then they go to the diculous the existing regulation might those in just a moment. But the bill agencies to have the rules and regula- that we have as S. 291 that has not be. tions written that implement them, Mr. President, that is why I support been introduced here—of course, we are that let them be put into effect, that the Abraham amendment. This amend- dealing with S. 343, the bill proposed by make them practical so they can go ment will empower the chief counsel the majority leader—but that bill we out and affect everyone, literally, in for advocacy at the U.S. Small Busi- passed out of committee, the Roth this country—businesses, organiza- ness Administration, in concurrence bill—and the bill which we would have with the administrator of the Office of tions, individuals, families, children, as an alternative, S. 343, now is basi- Information and Regulatory Affairs, to elderly. Everyone is affected by many cally S. 291 that came out of commit- add regulations to the agency’s list of these rules and regulations. tee, with just three changes. Those which have significant impact on small If we did a better job in the Congress, three changes are: A major rule would business. This amendment, therefore, I think perhaps we would find less ne- be defined as one having a $100 million would allow the small businessman, cessity for rules and regulations over impact per year. No. 2, if an agency the little guy, the small business in the agencies and the Departments. If fails to review the rules within 10 owner, a real opportunity to make sure we want to see the major problem area, years, there would be no sunset. In that Federal agencies actually perform we ought to look in the mirror, because other words, an administrator in an the cost-benefit analysis that everyone what we do is too often see how fast we agency could not deliberately let it run says should be done but that everyone can get legislation out of here. We do beyond the time period and automati- agrees are too often ignored in prac- slapdash work on it here, send it over cally have laws and rules sunset with- tice. and then we are somehow surprised out congressional action. And No. 3, So, Mr. President, I compliment the that the agencies and the people doing the difference between this and S. 291, Senator who has had to modify his the regulation writing do not do a bet- as originally voted out of committee, amendment, as I understand it, to in- ter job, and then we are all concerned is there is a simplified risk assessment clude OIRA, the administrator of the about why they did not do a better job process to comport with the National Office of Information and Regulatory when we did not do a good enough job Academy of Sciences guidelines on risk Affairs, and some might think under in directing them in what they are sup- assessment. certain circumstances that might not posed to do. Having said that, some 80 percent of Those are the only three differences. be the best. But I think over time, This is a bill that was voted out of when you combine the small business the regulations written are required to committee 15–0. We find ourselves in a advocacy office and the administrator be written by specifics of legislation position where we have several dif- of the Office of Information and Regu- passed in the Congress. So we bear ferences between what was provided in latory Affairs in the executive branch, heart and soul a lot of the blame on the bill out of committee and what the over a period of time I think this this thing. But the importance of rules majority leader has proposed with S. amendment has a chance for small and regulations cannot be denied. It is 343. No. 1, the decision criteria, the test business to get some of their concerns what makes them applicable across the whether an agency can promulgate a on the list—that is, on the list to be re- country. regulation. viewed—rather than it being as dif- Let me say this. I do not think there ficult as the base bill, S. 343, would pro- is a single Senator that I know of who S. 343 proposes a least-cost basis. The vide. thinks we should just go along with the bill voted out of committee proposed a I hope the amendment is adopted, status quo. The administration started cost-effective basis. There is a big dif- and I thank the Senator for offering a review of this whole area 11⁄2 years ference between least cost and cost ef- the amendment. ago, and they already cut out a lot of fective. S 9612 CONGRESSIONAL RECORD — SENATE July 10, 1995 Another area of difference is that of ulations which are cost effective. S. 343 and regulated industries. It should be judicial review. Under judicial review requires agencies to choose the cheap- sunshine in the regulatory review proc- there are some major differences as to est alternative, not necessarily the one ess. what would be judicially reviewable; in which provides the most bang for the S. 343 as brought to the floor has no other words, what you can file suit in buck. Here is an example: If a $2 in- sunshine provisions to protect public court on. crease in the cost of a bill would result participation and prevent secrecy in Another difference is the $100 million in the saving of 200 lives, to make a ri- regulatory review. I can say this, going threshold. S. 343 has a $50 million diculous example, the least cost would back a few years, when we had the threshold, which drastically increases not permit that extra $2 expenditure. Council on Competitiveness and a few the number of bills that would have to Another area of interest: No special things like that, we certainly need the be considered. interest fixes. Congress should enact sunshine provision. I think most people Another difference is the petition reforms of the regulatory process, not here would probably agree with that. process. fixes for special interest. S. 343, as Mr. President, the rules and regula- Another is the sunsetting, as I men- brought to the floor, rewrites the toxic tions that we are talking about involve tioned a moment ago. release inventory which gives people every child in this country, every fam- Another is how we do risk assess- the right to know what toxic sub- ily, the milk you drink, the meat you ment. stances have been released in their eat, transportation, safety, water, air, The effectiveness of regulatory flexi- communities. It repeals the Delaney all of these are things that will be af- bility is another. clause against additives in cosmetics fected by this legislation. That is the If the agencies have done their job or with a substitute. It delays and in- reason that I say it will be one of the have not done their job. creases costs of ongoing Superfund most important bills that we bring up The lack of sunshine, openness, a re- cleanups and prohibits EPA from con- this year. quirement for openness in our legisla- ducting risk assessments to issue per- I do not want confrontation on these tion. mits to even such things as cement things. I think the press has continued Of course, there is the area of specific kilns and others allowing them to burn to play it mainly as confrontation. I do interest fixes, and whether we, as pro- hazardous waste. not like that, particularly because we posed in S. 343, knock out Delaney or So those are some of the areas. We are talking about working out coopera- toxic release emissions requirements, have others. Better decisionmaking, tive methods and working out com- inventory requirements that every not a regulatory gridlock is what we promise on this so we can get a good community should have knowledge of. are after also. Regulatory reform bill for the whole country. We all stand These are some of the differences in should streamline rulemaking. It here united on the need for regulatory the legislation between what we voted should not just be a lawyer’s dream reform. So I think it is important that out of committee and the legislation opening up a multitude of new avenues we try and work as many of these the majority leader brought to the for special interests to tie up the proc- things out as possible. floor. ess. Now, with specific regard to the pro- Let me talk about the cost-benefit The bill, as brought to the floor, al- posal made by the Senator from Michi- analysis as a tool and not a statutory lows courts to review risk-assessment gan, I know his original proposal was override. Now, there is substantial dif- and cost-benefit procedures and to re- one that I was prepared to oppose. But ference of opinion on this. Regulatory open peer review conclusions. It cre- he has modified that proposal. I think reform, we feel, should build on our ates numerous petition processes for after we have checked with some of the health and safety accomplishments, interested parties. These petitions are people involved on our side or wanted while applying better science and eco- judicially reviewable and must be to be involved on our side, we may be nomic analysis. Regulatory reform on granted or denied by an agency within able to accept the amendment over its own and without any other consid- a time certain and these petitions will here. The amendment, as originally eration should not override existing en- eat up agency resources and allow the proposed, while well-intentioned, I vironmental safety and health laws. petitioners, not the agencies, to set think, would have added to special in- There seems to be a difference here. agency priorities. terest lobbying, would have delayed But in discussions about S. 343, there Now, a very major difference also is Government decision and frustrated ef- has been a refusal to include language the reasonable threshold. The new re- fective regulatory reform. The amend- that in the event of a conflict between quirements should be applied wisely ment would have allowed a single offi- a law—the Clean Air Act, for example— where the cost of conducting the analy- cial, and not even the Administrator of and the new standards in this bill that sis are justified by the benefits. But S. SBA but the chief counsel for advo- the law would govern. That is a major 343 sweeps into the new process an un- cacy, to determine any rule, any reg, difference. I know we say we are in warranted number of regulations be- to be put on the list for agencies. Agen- agreement on that. But the language cause it would, I believe, flunk its own cies would have been forced to put that would spell that out very specifi- cost-benefit test, because it provides these rules on just with one person’s cally has been difficult to come by up for a threshold of $50 million, where say-so. And that could have been any to now. the bill we brought out of the Govern- existing rule he or she might have cho- There are other statutory overrides mental Affairs Committee, that Sen- sen. I did not favor that approach to it in this bill, like the sunset of current ator ROTH brought out, has a $100 mil- because I think we had adequate pro- regulations if an agency did not act to lion threshold, which means even then tection in the bill in S. 343 and S. 291 rewrite or renew them. There would be somewhere 400 to 600 reviews are going both to cover that. We had adequate 10 years to review a petition process, to have to be conducted per year. And procedures that would have covered and if it was not reviewed, the bill, ac- cutting that $100 million standard in that without giving one person, in ef- cording to S. 343, would sunset, would half, with no evidence that the extra fect, what would be a czar’s authority go out of existence. taxpayer dollars needed to comply over all rules and regulations which al- There is also what could be consid- would be spent effectively. ready have to be reviewed for small ered a rewrite of Superfund and the In other words, how many can we business under the Regulatory Flexibil- Reg Flex Act. What they have in S. 343 really do effectively? That is the ques- ity Act, which is required for agencies is if the cleanup is worth more than $10 tion. I think if we went to the $50 mil- to evaluate the impact of proposed million, or will cost more than $10 mil- lion threshold, we would probably find rules on small businesses and to con- lion, there needs to be a new analysis the agencies being swamped. We are sider less burdensome, more flexible al- of even work in process. I know there is going to spend a lot of dollars making ternatives for those businesses. a lot of work going on. But it is my un- no progress, as far as the accomplish- Both the Glenn-Chafee bill and S. 343, derstanding that that is still the intent ment of regulatory reform. the one before the Senate, also of the bill. Last, but certainly not least, is sun- strengthen the Regulatory Flexibility Under the cost-effective regulations, shine. Regulatory reform should be Act by providing judicial review of regulatory reform should result in reg- open and understandable to the public agency regflex decisions. July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9613 I think that is the right thing to do. Mr. GLENN. I thank my colleague. be considered by the court—shall be I think both bills cover that. Trying to As I said earlier, at the appropriate considered by the court—in determin- tighten up regflex is one thing, but cre- time, after I have had a chance to ing the legality of the agency action. ating a whole new set of powers for the check with a number of people on our Now, what does legality mean, Mr. Small Business Administration would side interested in the legislation, we President? Legality can only mean, in be quite another thing. may be able to accept. I, personally, my judgment, the legality as measured I know the Senator has modified his think it is OK now as far as putting by section 706 of the Administrative proposal to say that now, instead of the OIRA on as sort of a governor or place Procedure Act. If it does not refer to chief counsel for advocacy at SBA in which these can be judged before section 706, there is not, within the being able to determine on his or her they would be sent to a department or Glenn amendment, a separate rule for own that these things must be consid- agency. I would personally be prepared testing and determining legality. ered by the particular agency or de- to accept it. Now, what does section 706 say? Sec- partment involved, he has said now We would like to check with a few tion 706(D) refers to the procedures, that first they have to recommend more people. I yield the floor. and that any rule which the reviewing these up to the Office of Information Mr. JOHNSTON. Mr. President, I rise court shall hold unlawful and set-aside and Regulatory Affairs in the Office of in support of the Abraham amendment. agency actions which are ‘‘without ob- Management and Budget, which is the I congratulate the Senator for, first, servance of procedure required by law.’’ office OIRA, that normally passes on his concern about small business, ‘‘ * * * without observance of proce- these things. which is a concern of all Members on dure required by law.’’ It is our understanding that would be regulations; second, for having an ap- There is nothing, Mr. President, in an adequate stopgap, an adequate mon- propriate screening mechanism to pre- the Glenn substitute, to say that sec- itor, a governor, if you will, or a sieve, vent the agency overload. tion 706(D) does not apply. That is the to sort out what might be frivolous or Agency overload, Mr. President, is only thing that legality can mean. might not be frivolous. one of the principal problems with this Now, when we get into a further dis- It is my understanding that the OMB, bill. We are all in favor, at least every- cussion of what the Dole substitute then, in the amendment as now pro- one that I have heard, says they are in shows, we will have a blowup of the posed, would be able to stop that proce- favor of cost-benefit analysis, says language and make this clear. dure if they wanted. they are in favor of risk assessment. Mr. President, exactly the opposite is I ask my distinguished colleague The question is, do we give the agen- true. That is, Senator GLENN says that from Michigan if that is his intent cies more work than they can do and his amendment would prevent the re- now, that once the SBA counsel has overload their capacity to do it? view. We say it not only permits it, but submitted this to OIRA, we could turn In its original form, the Abraham requires it. And that, under the Dole- it down and that would be the end of it. amendment might well have been sub- Johnston pending amendment, it pre- Mr. ABRAHAM. The Senator from ject to that criticism in that any rule vents any such review by saying that, Ohio is correct, I think. Our under- ‘‘failure to comply with the subchapter standing is, with some changes which on a look-back which the advocate des- may be considered by the court solely we made prior to introducing the ignated would go into the workload of for the purpose of determining whether amendment here today, it was to pro- the agency. However, in the form that the Sen- the final agency action is arbitrary and vide sort of a fail-safe to ensure that capricious or an abuse of discretion.’’ the concerns that the Senator from ator from Michigan has proposed, there Mr. President, another serious defi- Ohio has expressed about the possibil- is an appropriate screen because the ciency of the substitute is that there is ity of having the advocate of the Small head of OIRA would have to concur no enforceable petition process on the Business Administration move into with that judgment, which would en- Glenn substitute, no enforceable peti- areas that were of negligible impor- sure, I believe, that those rules which tion process—no enforceable look-back tance, that might be extraordinarily have a major effect on small business burdensome to the agencies, to provide would be included in the workload, as process. Oh, there are words in there about a type of a fail-safe by requiring con- they should be, but that we could pre- you can adopt it—you have the peti- currence—in other words, approval— vent the agency overload. tion process as provided for under the also, by the Administrator of OIRA. Mr. President, I think this is an ex- Mr. GLENN. I was curious as to why cellent amendment which will pres- present law. But what does that the Administrator of the Small Busi- ently protect small business on the amount to? I mean, if all you get is the ness Administration was not the au- look-back. petition process under the present law, thority that would pass on these things If I may speak for a few moments on you get nothing. That is what this bill to OIRA, or make the decision, rather the pending bill and on the Glenn sub- is all about. What happens when you than taking a subordinate officer and, stitute, which the Senator has spoken have an oppressive regulation, of which in effect, elevating that officer for a about, there are a number of dif- there are many, which did not follow a greater authority than the Adminis- ferences, Mr. President, and I believe risk assessment protocol, which did not trator has in being able to send things that the pending bill, the so-called involve scientists or ignored the sci- off for review at a different place. Dole-Johnston amendment, is a much entists, which is exorbitantly expen- Mr. ABRAHAM. I will say we felt, of better bill in terms of accomplishing sive, and which you want to take a the various responsibilities at the the control over a runaway agency. look at? Small Business Administration, the ad- Mr. President, the Senator from Ohio Effectively, there is almost nothing vocate’s office is, in effect, a somewhat [Mr. GLENN] states that under the you can do about it, because there are independent figure whose principal re- Dole-Johnston bill, there would be a ju- no standards by which you can seek sponsibility under current law would dicial review of the procedures in the that petition and get it reviewed. And, seem to be very consistent with the re- risk assessment management; and under the Glenn substitute, they sim- sponsibility of trying to protect small under the Glenn substitute, there ply take the present law and say: businesses with regard to promulgation would not be that review of procedures. Whatever you do under the present of new regulations. Mr. President, exactly the opposite is law, we are not going to disturb. There We thought that was the logical true under the language proposed. is no look-back process that is enforce- place to impose this responsibility. Under the language of the Glenn sub- able. None at all. What it says is that Also, the mechanism seemed to exist to stitute, it states specifically that any you shall look back at these, all these do some of the study that is entailed in regulatory analysis for such actions regulations, within 10 years, or you putting forth these recommendations. shall constitute part of the record and may request to extend that up to 15 We thought that this semi-independ- shall, to the extent relevant, be consid- years. But what happens if you do not ent status of the advocate, combined ered by a court in determining the le- do it? It says you shall institute a rule- with the authorities already given it, gality of the agency action. making under section 553. What does were ones that justified and supported The risk assessment protocol is in- that mean? It means you submit a no- the notion of allowing that. cluded as part of the record and shall tice of proposed rulemaking, which can S 9614 CONGRESSIONAL RECORD — SENATE July 10, 1995 go on forever, and which in turn is not lates to this question of overload. Be- cause of these nonquantifiable benefits, enforceable. That is the problem today. cause, just as Senator ABRAHAM has so or if there are uncertainties of science, What happens when you can not get an wisely provided a screen to have a then you must identify what those un- agency to act? You have no recourse at check on the amount of overload com- certainties are, or you must identify all. ing from consideration of small busi- what those nonquantifiable benefits Some of these agency actions are ab- ness matters, we need a screen to lift are, and then provide the least cost al- solutely ridiculous. Two years ago I that bar a little higher, from $50 to $100 ternative that takes into consideration first proposed a risk assessment. And million. There is going to be a lot of the nonquantifiable benefits. the reason I did was we found in some work to be done under risk assessment So what we are saying is you may go of the rules which come before the En- and under cost-benefit analysis. There higher, but you have to say why you ergy Committee, which I chaired at is a lot of work to be done. We do not went higher, and you cannot do it just that time, that these costs were out of want to overload the agencies. because you want to or because it is control. We could not figure out why it So, Mr. President, I quite agree with politically attractive to do so or be- was, for example, that the cost of ana- Senator GLENN when he says that this cause some constituent group wants lyzing the Yucca Mountain waste site— is a very, very important bill. I am de- you to do it. You have to identify what the costs of characterizing that site— lighted there is, I believe on the part of it is that is uncertain or what it is that had gone up a hundredfold—a all parties—myself and Senator DOLE, is nonquantifiable. hundredfold—from $60 million to $6.3 Senator GLENN, Senator HATCH, Sen- So, Mr. President, in closing, I will billion. And we said, Why could this ator ROTH, those who have been the just say that the Abraham amendment, be? How can the cost of just determin- leaders in this area—a desire to try to I think, is a good one now that both ing, in this case a site for storage of find a way to provide for an appro- protects small business on the nuclear waste, whether that site is priate risk assessment and appropriate lookback procedures but provides the suitable—not the building of the site, cost-benefit analysis. appropriate screen. Therefore, I sup- just determining whether that site is I believe, with that desire of all par- port that amendment. suitable—how could those costs have ties, that we can work our will and get Mr. GLENN. Mr. President, will the gone up from $60 million to $6.3 billion? a good bill. But make no mistake about Senator yield for a question? One of the things we found that they it, risk assessment, putting science as Mr. JOHNSTON. Yes. had done was adopted a rule where opposed to politics or emotion or preju- Mr. GLENN. I ask my friend from they had ignored their own scientists, dice or superstition—putting science Louisiana. On this least cost versus absolutely ignored what the scientists back into the decision process and hav- cost effective, he talked about uncer- had told them. They did not know what ing a process that works, and that is tainties. What if there are no uncer- it was going to cost. The rule had no required to be followed, a logical proc- tainties, if the science is good, every- basis in health or safety. It was going ess—that tells the American taxpayer body is agreed on that, and if all mat- to cost $2.1 billion to comply with and we are going to fully protect your ters are quantifiable, lives may not be there was nothing anyone could do health and safety but we are not going monetizable in dollar value but they about it. to foolishly spend money on things are quantifiable on lives to be saved? I The Glenn substitute takes that that do not relate to health and safety. believe the way S. 343 is written now, same attitude, which is to say: Do not One final point about the Dole-John- even if only a $2 or a $20 expenditure worry about it. You are fully protected ston amendment. My friend from Ohio, would save 100 lives, you still have to under the present rules. We are not Senator GLENN, says that under our go with the least cost unless there is going to give you a right to go to amendment you must take the least- some uncertainty about the scientific court. We are not going to give you a cost alternative. Mr. President, that is data. right to enforce a petition process. We simply not true. The bill very specifi- Is that correct? are not going to give you a right to cally states that where uncertainties of Mr. JOHNSTON. Mr. President, that have an enforceable look-back process. science or uncertainties in the data re- is not correct. I think it is an excellent We are going to leave it as under quire a higher cost alternative, that question. I think the problem with the present law, and under present law all you may do so. Or, where there are— interpretation of the Senator from you have to do is file your notice of actually, to give the language here, the Ohio is that he is putting a very tor- proposed rulemaking and that is all language says, ‘‘if scientific, technical tured and incorrect definition of the you have to do. You cannot enforce and or economic uncertainties or term ‘‘nonquantifiable benefits to require the agency to proceed with nonquantifiable benefits to health, health, safety and the environment.’’ that rulemaking. safety, or the environment identified The value of the human life is by its So we will have a lot to discuss about by the agency in the rulemaking record nature nonquantifiable. I mean, you this question of the two bills. There are make a more costly alternative that may say there are 10 lives. You can improvements which need to be made, achieves the objectives of the statute quantify it in that narrow sense. But to be sure, in the Dole-Johnston sub- appropriate and in the public interest that is not the sense in which this is stitute. One of those, which I hope to and the agency head provides an expla- meant. We are talking about values propose and have agreed to, and I have nation’’—that may be adopted. and benefits which are nonquantifiable. some confidence that we will be able to So, Mr. President, what we say is you The value of breathing clean air is by do so, is to take the CERCLA provi- get the least cost alternative that its very nature nonquantifiable. How sions—that is the Superfund, or envi- achieves the objectives of the statute can you say when you go out on a beau- ronmental management procedures— unless the science is uncertain, or the tiful, clear day where the temperature out of this bill. I think they ought to data are uncertain, in which event you is just right, you feel good, how can be considered separately. Almost ev- can get a more costly alternative. Or you say that is worth $764 a week? You erybody agrees that you need to use you may make a more costly alter- cannot. It is by its nature risk assessment principles in determin- native if nonquantifiable benefits to nonquantifiable. The health, safety, or ing cleanup when you have Superfund health, safety, or the environment the environment are by their nature sites, but that it would better be done make that in the public interest. What nonquantifiable and, therefore, we have in a separate bill, reported out of the does that mean? That means, if it provided that. Environment and Public Works Com- would save more lives to do something But all we are saying is, if you as ad- mittee in the Senate. And I believe else. How can you quantify the value of ministrator are saying that you can there is a desire on the part of that life? You cannot. But you can go to a save 10 additional lives, that you have committee to proceed with that. I higher cost alternative if those to identify that as your reason for think we ought to take those provi- nonquantifiable benefits to health, going to the more costly alternative, sions out. safety, or the environment make an- and if that was the reason, then you I also hope at the appropriate time other alternative more advisable. must take the least cost alternative we can increase the threshold amount But we say that, if you are going to that takes care of your 10 lives, that from $50 to $100 million. Again, that re- go to this higher cost alternative be- saves your 10 lives. July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9615 I hope I have made that clear to my sole discretion to add small business tions, including the NFIB, the National friend from Ohio because it is a very rules to the agency review schedules. Association for the Self-Employed, the key point. To respond to concerns about political Small Business Legislative Exchange Mr. GLENN. It is a key point. I think accountability and the need for stand- Council, and the chamber of commerce, it is indicative of the kind of debate we ards in selecting rules for review, Sen- among others. I ask unanimous con- are going to get into here on some of ator ABRAHAM has revised his amend- sent that those letters of support be these specifics, the meaning of words ment. I believe this revision is a bal- printed in the RECORD. and so on. It has to be something that anced solution to a very important There being no objection, the letters will hold up in court, that is under- problem. were ordered to be printed in the stood by the courts. And that is a real One of my concerns was that, in pro- RECORD, as follows: major problem on this whole bill. We viding this discretion solely to the SUPPORT THE ABRAHAM-DOLE SMALL spent days and many hours going Chief Counsel for Advocacy at the BUSINESS PROTECTION AMENDMENT TO S. 343 through some of these word differences. Small Business Administration, the Government regulations constitute an This is one example of it that is going original amendment was a delegation enormous burden for small businesses. to be debated further as we get into of an extraordinarily broad power. Therefore, periodic review and sunsetting of this bill. I know basically we are on the Since the Chief Counsel for Advocacy regulations which can become out-of-date, at the Small Business Administration obsolete or excessively time-consuming and Abraham amendment now. costly is a major priority for small business Parliamentary inquiry. Does that is, as the Senator from Michigan point- in the regulatory reform debate. Seventy- run out at 3 o’clock? ed out, semi-independent in the same seven percent of NFIB members support re- The PRESIDING OFFICER. At 3 sense that inspectors generals are inde- viewing and sunsetting regulations. o’clock the Senator from Georgia will pendent, it gave tremendous authority The intent of Section 623 of the Regulatory offer an amendment. for this individual to take whatever ac- Reform bill is to make certain that regula- Mr. NUNN. Mr. President, will the tion he or she thought was appropriate tions are sunsetted as they become obsolete. Senator from Louisiana yield for 10 Regulations listed on review schedules pub- in requiring rules to be reviewed. lished by the agencies would be measured seconds? As revised, the Abraham amendment against the cost-benefit criteria in section Mr. JOHNSTON. Yes. would ensure more political account- 624 of the bill. PRIVILEGE OF THE FLOOR ability regarding which small business Unfortunately, regulations would not be Mr. NUNN. Mr. President, I ask rules are added to agency review sched- subject to review and eventually sunsetted unanimous consent that Bill Montalto, ules. Small business rules could be se- unless the agency responsible for the regula- of the House Committee on Small Busi- lected jointly by the Chief Counsel of tion chooses to place it on the review sched- ule? That’s almost like putting the wolf in ness, be permitted floor privileges for Advocacy for the Small Business Ad- charge of guarding the sheep. the purpose of working on my amend- ministration and the Administrator of If an agency doesn’t put a regulation, ment when it comes up. the Office of Information and Regu- which is particularly burdensome to small The PRESIDING OFFICER. Without latory Affairs. Alternatively, the Ad- business, on the list for review the only re- objection, it is so ordered. ministrator of OIRA alone could choose course is to petition to have the regulation Mr. ROTH addressed the Chair. small business rules for review. This added to the review schedule. Petitioning The PRESIDING OFFICER. The Sen- would ensure that the Administrator of will cost small business owners money—law- ator from Delaware. yers, consultants, researchers and others OIRA, a politically accountable official will have to be hired to prepare the petition Mr. ROTH. First, Mr. President, I who also understands the burdens on in order to meet the high demands set forth want to say how strongly I agree with the agencies, will be involved in the in section 623. my distinguished colleague, the senior process. The solution is the Abraham-Dole amend- Senator from Ohio, when he speaks In addition, the revised amendment ment. This amendment would empower the about the need for a bipartisan ap- makes clear that the standards appli- Chief Counsel for Advocacy at the U.S. Small proach to obtain regulatory reform. I cable to other rules selected for review Business Administration to add regulations to the agencies’ review schedules which have want to say that I hope we can con- apply to the small business rules. For significant impact on small businesses. The tinue to work together as we did in the example, the Administrator of OIRA Advocate would seek input from small busi- Governmental Affairs Committee to and the chief counsel must consider, in ness men and women on regulations that move forward legislation that accom- selecting a small business rule for re- need to be reviewed, would evaluate the sug- plishes the goals that I think we all view, whether review of the rule will gestions from entrepreneurs and direct agen- seek on both sides of the political aisle. substantially decrease costs, increase cies to take proper action for reviewing Mr. President, I want to congratulate benefits, or provide flexibility. those regulations. This amendment gives the only person in the Administration who is ex- Senator ABRAHAM for his contribution Mr. President, I believe that Govern- clusively responsible with representing the in offering this amendment. I strongly ment must be more sensitive to the cu- special needs of small business the ability to agree with him that there is no area of mulative regulatory burden on small ensure that regulations affecting them are activity more adversely affected by business. As I said earlier, small busi- not overlooked or ignored by agencies during some of the regulatory reform actions ness is, indeed, the backbone of Amer- the regulatory review process. of the past than small business. I think ica, a crucial provider of jobs, a A vote is expected on the Abraham-Dole we all agree that small business in wellspring of entrepreneurial innova- amendment after 5 p.m., Monday, July 10. many ways is the most important part This amendment has the strongest possible tion and a central part of the American support from the National Federation of of our economy as it is the primary dream. Independent Business. For more information area that results in growth in our econ- And again I congratulate Senator contact NFIB at (202) 484–6342. omy and, most importantly, is the area ABRAHAM for his hard work to help where the majority of jobs are being America’s millions of small NATIONAL ASSOCIATION FOR created. businessowners, their employees, and THE SELF-EMPLOYED, So, again, I want to congratulate the their families. I urge my colleagues to Washington, DC, July 7, 1995. junior Senator from Michigan for his support this amendment. Hon. SPENCER ABRAHAM, contribution in proposing this most U.S. Senate, Dirksen Senate Building, Washing- Mr. President, I yield back the floor. ton, DC. important amendment. Mr. ABRAHAM. Mr. President, I will DEAR SENATOR ABRAHAM: On behalf of the This amendment would strengthen be very brief. I would like to first 320,000 members of the National Association the lookback provisions of section 623. thank the Senator from Delaware for for the Self-Employed, I am writing to sup- It would provide a mechanism for add- his help, and providing this amendment port your amendment to S. 343, the Com- ing rules adversely impacting small has made it, I think, a stronger amend- prehensive Regulatory Reform Act of 1995. businesses to the agency schedules for ment, and I appreciate his judgment Currently, S. 343 calls for sunsetting regulatins as they become obsolete. The var- reviewing rules. and guidance on these matters. ious regulatory agencies would judge the As the amendment was originally Mr. President, I would also say that regulations against the cost-benefit criteria drafted, it would have allowed the the Abraham-Dole amendment has outlined in S. 343, seciton 624. The agencies Chief Counsel for Advocacy at the been strongly supported by all the Na- would then place the outdated regulations on Small Business Administration to have tion’s major small business organiza- a review schedule. S 9616 CONGRESSIONAL RECORD — SENATE July 10, 1995 The Abraham/Dole amendment would American Textile Machinery Association; National Tour Association; grant authority to the Chief Counsel for Ad- American Trucking Associations, Inc.; National Wood Flooring Association; vocacy of the Small Business Administration American Warehouse Association; NATSO, Inc.; AMT—The Association for Manufacturing to add regulations to the review list, thus Opticians Association of America; ensuring that all regulations affecting small Technology; Organization for the Protection and Ad- business can be reviewed in a timely manner. Architectural Precast Association; vancement of Small Telephone Companies; We commend your efforts to give the Chief Associated Builders & Contractors; Counsel for Advocacy this important author- Associated Equipment Distributors; Petroleum Marketers Association of Amer- ity. The Abraham/Dole amendment would Associated Landscape Contractors of ica; greatly benefit the small-business commu- America; Power Transmission Representatives Asso- nity. Association of Small Business Develop- ciation; Sincerely, ment Centers; Printing Industries of America, Inc.; BENNIE L. THAYER, Automotive Service Association; Professional Lawn Care Association of President. Automotive Recyclers Association; America; Automotive Warehouse Distributors Asso- Promotional Products Association Inter- ciation; SMALL BUSINESS LEGISLATIVE COUNCIL, national; Bowling Proprietors Association of Amer- Washington, DC, July 6, 1995. ica; Retail Bakers of America; Hon. SPENCER ABRAHAM, Building Service Contractors Association Small Business Council of America, Inc.; U.S. Senate, International; Small Business Exporters Association; Washington, DC. Christian Booksellers Association; SMC/Pennsylvania Small business; DEAR SENATOR ABRAHAM: On behalf of the Cincinnati Sign Supplies/Lamb and Co.; Small Business Legislative Council (SBLC), I Society of American Florists; Council of Fleet Specialists; Turfgrass Producers International. would like to offer our support for your Council of Growing Companies; amendment to the pending regulatory re- Direct Selling Association; CHAMBER OF COMMERCE OF THE form bill to ensure regulations that have an Electronics Representatives Association; UNITED STATES OF AMERICA, impact on small business are given a thor- Florists’ Transworld Delivery Association; ough review for ‘‘cost-effectiveness’’ after Health Industry Representatives Associa- Washington, DC, July 10, 1995. they have been ‘‘on the books’’ for awhile. tion; Hon. SPENCER ABRAHAM, We commend you for the initiative as it ad- Helicopter Association International; U.S. Senate, dresses just the kind of disadvantage at Independent Bankers Association of Amer- Washington, DC. which small business always finds itself in ica; DEAR SENATOR ABRAHAM: On behalf of the the regulatory process. Independent Medical Distributors Associa- 215,000 business members of the U.S. Cham- As we understand it, the pending bill re- tion; ber of Commerce, 96 percent of whom have quires agencies to review regulations for International Association of Refrigerated fewer than 100 employees, I urge your strong cost-effectiveness if the agency puts them on Warehouses; and active support for two amendments to be a review schedule, or a private party peti- International Communications Industries offered to S. 343, the ‘‘Comprehensive Regu- tions to have them on the schedule. As you Association; latory Reform Act of 1995.’’ The Nunn/ have correctly recognized, the odds are that International Formalwear Association; Coverdell amendment ensures that small small businesses will not have the where- International Television Association; businesses benefit from the broader protec- withal to either identify such regulations or Machinery Dealers National Association; tions of S. 343, and the Abraham/Dole amend- petition for their reconsideration. Giving the Manufacturers Agents National Associa- ment guarantees a voice for small businesses Chief Counsel for Advocacy for Small Busi- tion; in the regulatory look-back process. To ness the right to select the rules for review Manufacturers Representatives of Amer- achieve meaningful reform for that segment seems to us to be a sensible, cost-effective ica, Inc.; of our society hit hardest by regulatory bur- alternative to assure small business access Mechanical Contractors Association of dens—small businesses—these amendments to the process. America, Inc.; are critical. The Small Business Legislative Council National Association for the Self-Em- The Nunn/Coverdell amendment recognizes (SBLC) is a permanent, independent coali- ployed; that there may be many instances where a tion of nearly one hundred trade and profes- National Association of Catalog Showroom regulatory burden on small businesses could sional associations that share a common Merchandisers; be severe even though the $50 million thresh- commitment to the future of small business. National Association of Home Builders; old for a complete regulatory review has not Our members represent the interests of small National Association of Investment Com- been triggered. By deeming any rule that businesses in such diverse economic sectors panies; trips an analysis under the Regulatory Flexi- as manufacturing, retailing, distribution, National Association of Plumbing-Heating- bility Act of 1980 a ‘‘major rule,’’ small enti- professional and technical services, con- Cooling Contractors; ties will receive the protection they need and struction, transportation, and agriculture. National Association of Private Enter- deserve from the extreme rigors they often Our policies are developed through a consen- prise; experience from even the best-intentioned sus among our membership. Individual asso- National Association of Realtors; regulations. National Association Retail Druggists; ciations may express their own views. For To address the problems associated with National Association of RV Parks and your information, a list of our members is the mountain of existing regulations and Campgrounds; enclosed. their impact on small entities, the Abraham/ National Association of Small Business In- Sincerely, Dole amendment will boost the power of vestment Companies; JOHN S. SATAGAJ, small businesses to benefit more effectively National Association of the Remodeling In- President. from the sunset provisions of Section 623 of dustry; MEMBERS OF THE SMALL BUSINESS National Chimney Sweep Guild; S. 343. Small companies often need all of LEGISLATIVE COUNCIL National Electrical Contractors Associa- their people-power and resources simply to Air Conditioning Contractors of America; tion; keep afloat. They do not always have the Alliance for Affordable Health Care; National Electrical Manufacturers Rep- ability to petition federal agencies for re- Alliance of Independent Store Owners and resentatives Association; view of particularly onerous existing regula- Professionals; National Food Brokers Association; tions. By vesting within the Small Business American Animal Hospital Association; National Independent Flag Dealers Asso- Administration responsibility for ensuring American Association of Equine Practi- ciation; that regulations that are particularly prob- tioners; National Knitwear & Sportswear Associa- lematic for small businesses are not excluded American Association of Nurserymen; tion; from the regulatory sunset review process, American Bus Association; National Lumber & Building Material small businesses can be assured that their American Consulting Engineers Council; Dealers Association; proportional needs are always considered. American Council of Independent Labora- National Moving and Storage Association; The Chamber hears regularly from its tories; National Ornamental & Miscellaneous small business members that federal regula- American Gear Manufacturers Association; Metals Association; tions are doing them in. Support for these American Machine Tool Distributors Asso- National Paperbox Association; two amendments will validate that their ciation; National Shoe Retailers Association; cries have been heard and acted upon. I American Road & Transportation Builders National Society of Public Accountants; strongly urge your support for both the Association; National Tire Dealers & Retreaders Asso- Nunn/Coverdell amendment and the Abra- American Society of Interior Designers; ciation; ham/Dole amendment. American Society of Travel Agents, Inc.; National Tooling and Machining Associa- Sincerely, American Subcontractors Association; tion; R. BRUCE JOSTEN. July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9617 NATIONAL ROOFING As I said, small businesses bear a dis- Let me conclude with a couple points CONTRACTORS ASSOCIATION, proportionate share of the burden of about concerns with this general ap- Washington, DC, July 7, 1995. regulation. According to the Small proach, although, as I said, I think par- Hon. SPENCER ABRAHAM, Business Administration, small busi- ticularly with the amendment to the U.S. Senate, Washington, DC. nesses’ share of the burden of regula- amendment that Senator ROTH spoke DEAR SENATOR ABRAHAM: The National tions is three times that of larger busi- about a moment ago this should be a Roofing Contractors Association (NRCA) nesses. very popular amendment. strongly supports the ‘‘periodic review and Under the current language of sec- There was some question that it sunsetting of regulations’’ amendment that tion 623, a regulation would not be sub- might be appropriate for there to be a you and Majority Leader Dole will offer to ject to review unless the agency choos- limit on the number of regulations Section 623 of the Comprehensive Regulatory es to place it on the review schedule or that the advocate could designate for Reform Act of 1995, S. 343. an interested party successfully peti- As we understand it, the intent of Section review, but we think that under this 623 is to ensure that regulations are tions to have it added to the review process clearly agencies that choose to sunsetted as they become obsolete. However, schedule. review regulations that hurt small a regulation would not be subject to review Since small businesses, as I noted, business likely will not have many reg- and sunsetting unless the agency that ad- frequently do not have the same kind ulations added to their review schedule ministers the regulation schedules it for re- of resources to hire the lawyers and the by the advocate. Those, of course, that view. This would allow agencies a dispropor- consultants necessary to prepare a pe- ignore the concerns of small business tionate amount of discretionary power to tition that would meet the demanding could expect to have their review pick and choose regulations for sunsetting. standards set forth in section 623, the The Abraham-Dole amendment would curb schedule expanded by the advocate, but the potential for agency bias by enabling the bill’s current language would allow that is part of the incentive which we SBA’s Chief Counsel for Advocacy to add reg- agencies to refuse to review regula- are building into this amendment. ulations which have a significant impact on tions that have a significant impact on And second, there was a concern that small business to an agency’s review sched- small business. And that is where this really we ought to only be considering ule. This would be done with input from the amendment comes in. It is very impor- major rules; otherwise, we could clog small business community. tant that agencies include in their re- the courts and clog the agency with an Earlier this year, NRCA testified in sup- view schedules any regulation des- unnecessary workload. port of the Regulatory Sunset and Review ignated for review by the chief counsel It is true, of course, that the cost- Act of 1995, H.R. 994. A copy of our written statement, which discusses specific regula- for advocacy of the Small Business Ad- benefit and risk-assessment require- tions, is enclosed. Please note that attached ministration and OIRA. And that is the ments generally apply only to the pro- to the statement is the Wall Street Journal important point of this amendment. mulgation of major rules, but many of article, ‘‘So You Want To Get Your Roof In selecting regulations to designate the rules that hurt small business the Fixed . . .’’ for review, the advocate could seek most would not meet the cost thresh- NRCA is an association of roofing, roof input from small businesses and would old for major rules, and this is particu- deck and waterproofing contractors. Found- consider criteria such as the extent to larly true if the major rule threshold ed in 1886, it is one of the oldest associations which the regulation imposes onerous in the construction industry and has over were to be raised from its current $50 3,500 members represented in all 50 states. burdens on small businesses or directly million limit. NRCA contractors are small, privately held or indirectly causes them not to hire For example, the NFIB estimates companies, and our average member employs additional employees. that OSHA’s widely criticized fall-safe- 35 people with annual sales of $3 million. The amendment thus would create a ty rule would impose costs of $40 mil- Sincerely, small business counterpart to the peti- lion annually, $10 million short of the CRAIG S. BRIGHTUP, tion process which is available to larg- $50 million major rule threshold. This Director of Government Relations. er firms, with the advocate represent- rule would require employees, by the Mr. KYL addressed the Chair. ing the interests of small businesses, way, to wear an expensive harness with The PRESIDING OFFICER. The Sen- just as the high-priced lawyers and a lifeline attached to the roof any time ator from Arizona. consultants will represent, presumably, that a worker works 6 feet or higher Mr. KYL. I rise in strong support of the interests of those larger businesses above the ground. the Dole-Abraham amendment and in that petition process. The negative impact of this rule on compliment my colleague from Michi- And, of course, it has been noted why small businesses was the subject of an gan for his work in preparing this the advocate of the Small Business Ad- op-ed in the June 13, 1995, issue of USA amendment. Obviously, it is going to ministration is ideally suited to this Today. It is a good illustration of how be very popular. It is going to make a task, because, according to the statute, even with a rule like this, which necessary improvement in the bill, and I am quoting now, its mission is to achieved a great deal of attention and which in its current form is a very ‘‘enhance small business competitive- would impose a significant cost on good bill. But because small business is ness in the American economy.’’ And small contractors, it nonetheless would such an important part of our Nation’s the advocate ‘‘measure[s] the direct fail to meet that threshold require- economy and because regulations can costs and other effects of Government ment, and that is one of reasons why have a particularly pernicious effect on regulation on small businesses and the kind of review called for in the small businesses, because small busi- make[s] legislative and nonlegislative Abraham-Dole amendment is not only nesses are not as well equipped as large proposals for eliminating excessive or appropriate but is really quite nec- companies are to hire the lawyers and unnecessary regulations of small busi- essary. the consultants and the other people ness.’’ So, Mr. President, I am sure that necessary to deal with the red tape of As a matter of fact, the advocate also most of our colleagues will be in strong Federal regulations, I think it is espe- administers the Regulatory Flexibility support of the Abraham-Dole amend- cially important that small businesses Act which has afforded it additional ex- ment, and I certainly urge its adoption not be unduly negatively impacted by perience in assessing the impact of reg- and would also indicate my strong sup- regulation, and therefore this amend- ulations on small business. port for the underlying bill. ment will certainly assist in this re- So this amendment, Mr. President, I yield the floor. gard. would actually merely build on a foun- Mr. GRAMS addressed the Chair. Small businesses are really the en- dation laid by the Regulatory Flexibil- The PRESIDING OFFICER. The Sen- gine that drives our economy. In fact, ity Act. Under that act, the advocate ator from Minnesota. from 1988 to 1990, small businesses with reviews agency analyses of the likely Mr. GRAMS. Mr. President, I also fewer than 20 employees created over 4 impact of the proposed and final rules would like to rise today as a cosponsor million new jobs in this country, and on small businesses. So under the of the small business protection that was at the same time, Mr. Presi- Abraham-Dole amendment the advo- amendment to the Regulatory Reform dent, that companies with more than cate’s role in reviewing regulations Act. 500 employees lost over 500,000 net jobs would be very similar to its role in pro- The PRESIDING OFFICER. The Sen- during that same period. mulgating regulations. ator should be advised that under a S 9618 CONGRESSIONAL RECORD — SENATE July 10, 1995 previous order, we are to turn to the regulations that have outlived their and that is also why I urge my col- amendment of the Senator from Geor- usefulness. leagues to give it their support today gia at 3 o’clock. As the 1995 Regulatory Reform Act is as well. Mr. GRAMS. I ask unanimous con- currently written, regulations would be Thank you, Mr. President. I yield the sent to address the Senate for about 7 listed on review schedules published by floor. minutes. the agencies. However, a regulation The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without would not be subject to review unless DEWINE). The Senator from Michigan. objection, it is so ordered. the agency chooses to place it on the Mr. ABRAHAM. Mr. President, I ask Mr. GRAMS. Mr. President, again, I review schedule. If the agency does not unanimous consent to speak briefly want to say I rise as a strong cosponsor place a particular regulation on the re- with respect to the Abraham-Dole of the small business protection view schedule, an individual or a small amendment. amendment to the Regulatory Reform business may petition that agency to The PRESIDING OFFICER. Without Act, and as a strong proponent of hold- do so. But this is not as easy as it objection, it is so ordered. Mr. ABRAHAM. Mr. President, I ing Government accountable to the sounds. The individual or small busi- would like to conclude my remarks. taxpayers, I believe this amendment ness must meet unreasonably high There does not appear to be anyone would make a good bill even better. standards—standards so stringent that else at this point who wants to speak I also compliment the Senator from the average person would have to hire Michigan for all the work he has done to the amendment. expensive lawyers and consultants just I want to thank my colleague, the in this area. to figure out how to meet that criteria. Senator from Minnesota, for his sup- The negotiations that many of us What the small business protection port on these matters pertaining to have undertaken on the Regulatory Re- amendment would do is to require sunsetting regulations, as he already form Act have been long and often agencies to include on their review indicated, before this Congress took of- painful, especially as we witnessed the schedules any regulation designated for fice, and I am sure he will continue his watering down of rational provisions. review by the chief counsel for advo- support in the process of putting to- The sunset provision has been one of cacy of the Small Business Administra- gether this amendment. His broad sup- those casualties. tion in concurrence with the OMB’s Of- port for sunsetting regulations has But the small business protection fice of Information and Regulatory Af- been an important ingredient in our ef- amendment would strengthen the pro- fairs. This represents an important forts to bring this particular amend- vision in the bill which cancels or sun- step toward alleviating the burden of ment to the floor. I want to thank him sets regulations as they become obso- outdated regulations and also ensuring for his remarks today. lete. the future health of our economy. As I said earlier, Mr. President, when Excessive Federal regulations and Big businesses already have a loud I offered the amendment, I think that redtape impose an enormous burden on voice in the regulatory process because the bill we have before us has a system this Nation. Regulations act as hidden they have access to resources often out in place which will provide big busi- taxes which push up prices on goods of the reach of small businesses. But nesses with a vehicle, a mechanism by and services for American households, small businesses create millions of new which they can bring regulations up for dampen business investment and, ulti- jobs every year, and this amendment review, because they will be in a posi- mately, kill jobs. would allow their voices to be heard as tion financially to afford the kind of What concerns me most, however, is well. technical cost-benefit studies and that a large portion of Federal regula- Mr. President, I am sure that there is other types of inquiry necessary to tions do not have strong scientific not a single Member of this body who present a petition that can be success- merit to back up their enforcement. I has not been contacted by a constitu- ful as it is considered. am also concerned that we are cur- ent from their home State because of Unfortunately, small businesses do rently prohibited from even conducting some absurd and outmoded regulation. not always enjoy that opportunity. It cost-benefit analyses on some of the And yet some of my colleagues will is also the case that regulations which extensive regulatory measures in this argue that strengthening the sunset cost $30 or $40 million that do not quite country. How can this Congress make measure in the Regulatory Reform Act make it to the level which we consider well-informed decisions if we cannot would place an undue burden on the major rules in this legislation, at the even consider these types of options? regulatory agencies, who would have to $30 or $40 million pricetag are very More than 2 years ago, as a new spend a lot more time reviewing and a costly rules, very major rules from the Member of Congress, the first sunset lot less time regulating. I argue that is standpoint of a small mom-and-pop amendment I offered was to H.R. 820, what regulators ought to do—that is, business that is out there in America and that was the National Competi- review and then retire regulations that trying to survive. tiveness Act. I mention this because are no longer needed and then to fix So I think this amendment, as I said my goal was not to hinder our ability those that are not working. at the outset, strikes the proper bal- to compete in the international mar- The fact is that strengthening the ance between the need to place some ketplace. On the contrary, with over- sunset provision of the Regulatory Re- constraints on how many regulations regulation strangling our competitive- form Act will have absolutely no im- come up for review, on the one hand, ness abroad, my goal was simply to pact on regulations which serve a use- and the legitimate needs of small busi- provide a framework for ensuring over- ful and realistic purpose. It will not nesses on the other to have their day in sight and accountability and to get make our air dirty or our water un- court. agencies to start setting standards to clean. It will not pollute our environ- My parents owned a small business justify the funding that they now re- ment or jeopardize our health or our for quite a long time. I know what they ceive. safety. encountered as small business people, After this first sunset amendment, I What this amendment will do is to truly a mom-and-pop operation, in at- offered several more to various House enhance the accountability and over- tempting to just sort out the demands appropriations bills, and almost a sight that regulators have to the tax- that we in Washington placed on their dozen were passed into law with wide payers of this country—the people who business. Others come to my office all bipartisan support. must foot the bill for every rule and re- the time with similar expressions of Let me remind you, Mr. President, quirement imposed by the myriad of concern. I believe this amendment that the concept of sunsetting regula- regulatory agencies. gives the small business community a tions is not new. In fact, President Establishing a fair procedure by mechanism by which regulations that Clinton’s Chief of Staff, Leon Panetta, which regulations can be reviewed peri- are costly to small businesses can be offered sunset legislation when he odically to ensure and to maintain brought up for review, even if they are served in the U.S. House of Representa- their effectiveness is just plain com- not initially placed on the list of rules tives. mon sense. That is why I am proud to to be reviewed by agencies, and be So now we have the opportunity with be a cosponsor of the Abraham-Dole brought up for review without neces- a single piece of legislation to sunset small business protection amendment, sitating on the part of small businesses July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9619 who often will not be able to afford the ment where that power has been au- require the inspectors general not only expensive process that the petition sys- thorized by Congress. to report to their agency heads, we re- tem provides. We felt, as a consequence, that there quire them to give us those same indi- I think it will be an effective addi- would be fewer countervailing types of vidual reports because we feel if the tion to this bill and I hope an effective considerations brought before the ad- IG’s are so important in the work they way by which small businesses across vocate than at the other offices of do, that we give them specific author- this country continue to have their SBA. We thought, as a consequence, ity to report outside the chain of com- voice heard as they deal with Federal the advocate could perform their jobs mand to the appropriate committees of regulation in the future. freed of, and somewhat liberated of, Congress, in addition to reporting to Mr. President, I yield the floor. some of the other countervailing re- their agency head—not to bypass com- Mr. GLENN addressed the Chair. sponsibilities that an administrator or pletely, but in addition to reporting to The PRESIDING OFFICER. The Sen- other agents of the SBA might have. the agency head. ator from Ohio. That is how we reached this judgment. The other place we do that is in the Mr. GLENN. Mr. President, I know I think it certainly would be my ex- Chief Financial Officers Act, where the we have run over our time for this par- pectation that the advocate would con- chief financial officers are required, by ticular amendment, but I believe there sult with and discuss with the agency law, to report not only to their agency is a small meeting still going on. I ask and with the SBA Administrator deci- head but also to the appropriate com- my distinguished colleague from sions regarding regulations put on the mittees of Congress. Michigan if he had considered having rule. We thought this office was the Now, those are the only cases I know the reporting authority for small busi- place where the least argument could of where we authorize people, or re- ness concerns be the Administrator of be made, where political pressures, spe- quire people, that if they want to take the Small Business Administration? cial interest group pressures, and so action, they are authorized to go out- It is a little unusual to go down on, were not justifying actions, and side the purview and outside the views somewhere in the organizational chart that in fact this had a certain amount of, and maybe the wishes of, their of any agency or department and give a of independence and a specific amount agency head, and do something that particular person the authority, no of authority, as well as what I said ear- the agency head might not agree with. matter what their title or what their lier, some of the tools it will take to normal responsibilities are, to bypass So I think there is that problem. I make these decisions, because it is part would feel more comfortable, I guess, if all other rules, regulations, and admin- of the current responsibility of the of- istrative procedures for that particular we had the agency head required to be fice to examine regulations for reasons consulted. And if the report was still to department, to bypass the adminis- of promulgation. So it makes sense trator of their department, even go on to OIRA and the agency head ob- that this might be the place. jected, that reasons why the decision though the administrator might not Mr. GLENN. I say to my colleague was made to go to OIRA over the objec- agree with what he is going to propose, that I would certainly hope that in tion of the agency head were made part and bypass within the depths of an every case—as he said, the normal pro- of that report to OIRA, I do not know agency the administrator and go di- cedure would be that there would be whether that was considered or not. rectly to OIRA. consultation with the administrator. Would it not make more sense if we Would it be acceptable to the Senator But it seems that that would be a more really did this through the adminis- from Michigan to make it consultation normal procedure for what we want to trator as the first step on this process? and approval of the administrator be- do. Otherwise, you could come up with a fore this matter was brought to OIRA? Mr. ABRAHAM. I do not want to ex- situation where you have an adminis- Mr. ABRAHAM. At this point, I press the suggestion that we have trator who really does not agree, and would not be in a position to make spent a huge amount of time consider- maybe for some very good reasons, as that change, I say to the Senator from ing the specific role of the head of SBA. to the actions that will be taken by the Ohio. Because my mind is not fully But let me go back to the point as to counsel for advocacy. I ask, was that closed on this, there are a number of why the chief counsel for advocacy was considered? If that was turned down, people who participated in putting to- initially identified. That is, because in what were the reasons for not going gether this amendment initially, and I the reg flex language that is currently that route of having the administrator need to consult as to their feelings on on the statutes, it states specifically in represent his agency? this departure. I know a number of 602(b) that ‘‘each regulatory flexibility Mr. ABRAHAM. The concern the them earlier expressed the view that agenda shall be transmitted to the Senator from Ohio expressed was one once we added the OIRA Administrator chief counsel for advocacy of the Small that we took into account in the proc- to the process in determining which Business Administration for comment, ess of putting together the amendment regulations would be placed on the var- if any.’’ originally. What we tried to balance ious agencies’ lists, that we had satis- In other words, because that was the was the responsibilities of the different fied any residual concerns which might way the statutes currently kind of officials in the Small Business Admin- exist as to having a person with a di- vested authority for reg flex, we istration. rect appointment and responsibility in thought it was a sensible way to deal The reason that we felt this particu- the loop. I would need to go back and with it and was built more or less on lar office was the appropriate place to determine, I think, from some of the that language. I think that was more vest this authority was because of two other people who are part of this, their the guiding notion that we used than things. No. 1, the responsibilities of receptive feeling to any change of that any other particular consideration. this office are expressly those of advo- type. Mr. GLENN. Well, I say to my friend cating the concerns of small busi- Mr. GLENN. I would think we would from Michigan that this is an enor- nesses. With all due respect to the head get much more broad support if it had mously important position in that—I of any agency, as far as their set of re- that arrangement in it. If this is such believe I state this correctly—all the sponsibilities goes, whether it is the an unusual procedure, to say we go rules and regulations being promul- head of the SBA or any of the other down within an agency and say we give gated throughout Government are re- agencies of our Government, they have that person responsibility for taking quired to be submitted to SBA and be other considerations they must take the basic function of that agency and reviewed by SBA under reg flex, the into account, whether it is political making a review necessary by OIRA, or Regulatory Flexibility Act. So every- considerations or considerations that whatever else it might be—in this case thing that is going to occur in Govern- have to do with budget needs or mana- OIRA—without the approval of the ment in the regulatory field is submit- gerial duties. But this office was set agency head—now, there are only two ted to SBA specifically now, whether it up, as we interpreted it, in an exclusive other places in Government that I am is intended to cover big corporations, sense to try to really be the advocate aware of where we do that. One is with small or private businesses, individ- of the small business community of the inspectors general, and we provide uals, or whatever. They, in effect, get a America. It is the one place in Govern- them considerable leeway. In fact, we crack at them to make their comment. S 9620 CONGRESSIONAL RECORD — SENATE July 10, 1995 This office of advocacy is the organi- mists, or environmental experts, that The Senator from Georgia [Mr. NUNN], for zation within SBA that looks at those. may be necessary to prepare a petition himself and Mr. COVERDELL, proposes an And so the recommendations that that meets the exacting standards in amendment numbered 1491 to amendment would be made to OIRA are potentially section 624 necessary for granting a pe- No. 1487. enormous in scope. All the rules and tition to review rules that are burden- Mr. NUNN Mr. President, I ask unan- regulations promulgated by Govern- some to small business. imous consent further reading of the ment would have to go through that This amendment will allow the chief amendment be dispensed with. chain and could be kicked up to OIRA counsel for advocacy of the SBA with The PRESIDING OFFICER. Without for whatever consideration they want- the concurrence of head of OIRA to se- objection, it is so ordered. ed to make. To take that out from lect rules to be put on the agency re- The amendment is as follows: under them—at least the oversight or view schedule as a substitute for the On page 14, line 10, strike out ‘‘or’’. the coordinated action of the adminis- petition process available to larger On page 14, line 16, add ‘‘or’’ after the semi- trator of SBA—is a mighty big step to businesses with greater capital assets. colon. On page 14, insert between lines 16 and 17 make, and a mighty big important re- It assures that the one official in the the following new subparagraph: sponsibility to give to that one person, Administration exclusively responsible ‘‘(C) any rule or set of closely related rules, whoever he or she might be in that of- with representing the needs of small not determined to be a major rule pursuant fice of advocacy. business will have authority to ensure to subparagraph (A) or (B), that the agency So I think it would be better if it that regulations burdensome to small proposing the rule determines will have a went in the other direction. We are business will be reviewed. In essence, significant economic impact on a substantial still checking with some of the people the advocate will act as an ombudsman number of small businesses, pursuant to sub- interested in this on our side. We are for small business. chapter I; The advocate, however, does not have On page 39, line 22, strike out ‘‘and’’. way over on our time. On page 39, line 24, strike out the period Mr. President, I suggest the absence unrestrained discretion to place exist- and insert in lieu thereof a semicolon and of a quorum. ing rules on section 623’s mandated re- ‘‘and’’. The PRESIDING OFFICER. The view schedule. The advocate must seek On page 39, add after line 24 the following clerk will call the roll. the input from small business as to new subparagraph: The bill clerk proceeded to call the what burdensome rules to review and ‘‘(C) an agency certification that a rule roll. the amendment establishes criteria, will not have a significant economic impact Mr. ABRAHAM. Mr. President, I ask such as whether the existing rule on a substantial number of small entities pursuant to section 605(b). unanimous consent that the order for causes small business not to hire addi- On page 40, line 5, insert ‘‘and section 611’’ the quorum call be rescinded. tional employees, to guide the advo- after ‘‘subsection’’. The PRESIDING OFFICER. Without cate in selecting rules for review. I do On page 68, strike out all beginning with objection, it is so ordered. not believe that the review schedule line 9 through line 11 and insert in lieu Mr. ABRAHAM. I ask unanimous system will be overwhelmed by the ad- thereof the following: consent that Senator NICKLES be added dition of rules that burden small busi- ‘‘(A) include in the final regulatory flexi- as an original cosponsor of the Abra- ness. Under the Abraham-Dole amend- bility analysis a determination, with the ac- ham amendment No. 1490. ment the advocate will cooperate with companying factual findings supporting such determination, of why the criteria in para- The PRESIDING OFFICER. Without the responsible agency and OMB to as- graph (2) were not satisfied; and objection, it is so ordered. sure the efficacy of the agency review On page 72, insert between lines 14 and 15 Mr. ABRAHAM. Mr. President, I ask process. the following new subsection: unanimous consent that Senator I urge my colleagues to support this (e) AMENDMENTS TO THE REGULATORY HATCH, the Senator from Utah, be amendment. FLEXIBILITY ACT.— added as an original cosponsor. I suggest the absence of a quorum. (1) IMPROVING AGENCY CERTIFICATIONS RE- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The GARDING NONAPPLICABILITY OF THE REGU- objection, it is so ordered. clerk will call the roll. LATORY FLEXIBILITY ACT.—Section 605(b), of title 5, United States Code, is amended to Mr. ABRAHAM. Mr. President, I sug- The bill clerk proceeded to call the roll. read as follows: gest the absence of a quorum. ‘‘(b) Sections 603 and 604 of this title shall The PRESIDING OFFICER. The Mr. NUNN. Mr. President, I ask not apply to any rule if the head of the agen- clerk will call the roll. unanimous consent that the order for cy certifies that the rule will not, if promul- The bill clerk proceeded to call the the quorum call be rescinded. gated, have a significant economic impact on roll. The PRESIDING OFFICER. Without a substantial number of small entities. If the Mr. HATCH. Mr. President, I ask objection, it is so ordered. head of the agency makes a certification unanimous consent that the order for AMENDMENT NO. 1491 TO AMENDMENT NO. 1487 under the preceding sentence, the agency the quorum call be rescinded. (Purpose: To provide small businesses im- shall publish such certification, along with a proved regulatory relief by requiring that succinct statement providing the factual The PRESIDING OFFICER. Without reasons for such certification, in the Federal objection, it is so ordered. a proposed regulation determined to be subject to chapter 6 of title 5, United Register along with the general notice of Mr. HATCH. Mr. President, I strongly States Code (commonly referred to as the proposed rulemaking for the rule. The agen- support the Abraham-Dole amendment, Regulatory Flexibility Act) will be deemed cy shall provide such certification and state- which would require agencies to in- to be a major rule for the purposes of being ment to the Chief Counsel for Advocacy of clude in their schedule to review exist- subject to agency cost-benefit analysis and the Small Business Administration.’’. ing rules, pursuant to section 623 of S. periodic review; requiring factual support (2) TECHNICAL AND CLARIFYING AMEND- 343, any existing regulation that sub- of an agency determination that a pro- MENTS.—Section 612 of title 5, United States posed regulation is not subject to such Code, is amended— stantially affects small business as se- (A) in subsection (a) by striking ‘‘the Com- lected by the chief counsel for advo- chapter; providing for prompt judicial re- view of an agency certification regarding mittees on the Judiciary of the Senate and cacy of the Small Business Administra- the nonapplicability of such chapter; and the House of Representatives, the Select tion. clarifying other provisions of the bill relat- Committee on Small Business of the Senate, Under section 623 as currently draft- ing to such chapter) and the Committee on Small Business of the ed, a regulation would not be subject to Mr. NUNN. Mr. President, I apologize House of Representatives’’ and inserting ‘‘the Committees on the Judiciary and Small review unless an agency chooses to to my colleagues for my voice. Obvi- place an existing rule on the review Business of the Senate and House of Rep- ously, I am losing it, but I will do the resentatives’’; and schedule or an interested party is suc- best I can this afternoon. (B) in subsection (b) by striking ‘‘his views cessful in having a petition to place a Mr. President, I send an amendment with respect to the effect of the rule on rule on the schedule for review. to the desk for immediate consider- small entities’’ and inserting ‘‘views on the Unfortunately, the petition process is ation. rule and its effects on small entities’’. costly and thus particularly burden- The PRESIDING OFFICER. The On page 72, line 15, strike out ‘‘(e)’’ and in- some to small businesses. Most small clerk will report. sert in lieu thereof ‘‘(f)’’. businesses do not have the resources to The assistant legislative clerk read Mr. NUNN. Mr. President, this hire the attorneys, consultants, econo- as follows: amendment assures that the Nation’s July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9621 small business community will derive workers who will have to worry about trip- from the regulatory sunset review process, full benefit from the fundamental ping over each other’s safety riggings. small businesses can be assured that their changes to the regulatory process pro- The Nunn-Coverdell amendment, which is proportional needs are always considered. scheduled to be voted on after 5 p.m. on Mon- posed in S. 343. The Chamber hears regularly from its day, July 10, solves this problem by requir- small business members that federal regula- The amendment accomplishes this ing all regulations that are currently subject tions are doing them in. Support for these goal by establishing a direct statutory to the Regulatory Flexibility Act (Reg-Flex) two amendments will validate that their link between the existing requirement of 1980 to be subject to cost-benefit analysis cries have been heard and acted upon. I to the Regulatory Flexibility Act of and periodic review—but not risk assess- strongly urge your support for both the 1980 [RFA] and the requirements of S. ment. Nunn/Coverdell amendment and the Abra- 343. Which regulations currently fall under ham/Dole amendment. Under the Regulatory Flexibility Reg-Flex? Reg-Flex requires the regulatory Sincerely, Act, whenever a Federal agency pro- burden be minimized on those regulations R. BRUCE JOSTEN. which have a ‘‘significant impact on a sub- poses a rule that is expected to have a stantial number of small entities.’’ Last SMALL BUSINESS LEGISLATIVE COUNCIL, significant impact on a substantial year, 127 regulations contained a Reg-Flex Washington, DC, July 10, 1995. number of small entities, the agency is analysis. Small entities, which often bear a Hon. SAM NUNN, required to conduct a regulatory flexi- disproportionate share of the regulatory bur- Hon. PAUL COVERDELL, bility analysis, with opportunities for den, include small businesses, small local U.S. Senate, public participation, to minimize the governments (like towns and townships) and Washington, DC. expected burden. small non-profit organizations. DEAR SENATORS: On behalf of the Small The Nunn-Coverdell amendment also al- The Nunn-Coverdell amendment Business Legislative Council (SBLC), I wish lows prompt judicial review of an agency’s to offer our support for your amendment to would, No. 1, require that a proposed non-compliance with the Reg-Flex Act. If an rule, determined to be subject to the ensure that proposed regulations, with the agency incorrectly states that a regulation potential to have a significant impact on RFA, be considered to be a major rule does not have a significant impact on small small businesses, are subject to a com- for the purpose of cost-benefit analysis business—and it does—a judge will have the prehensive cost benefit analysis. It makes and periodic review. But we exclude the authority to put the regulation on hold until sense to us to have as much data available as comprehensive risk assessment re- the Federal agency re-evaluates the regula- possible to assess the full impact proposed quired under S. 343. tion and reduces the burden on small busi- regulations will have on small business. No. 2, the amendment would require ness as much as possible. As you know, the delegates to the recent Agencies would also be required to provide White House Conference on Small Business agencies to provide factual support for factual support to back up their decisions to any determination that a proposed reg- included several references to the regulatory ignore Reg-Flex. process among their top recommendations. The bipartisan Nunn-Coverdell amendment ulation would not have a significant Clearly, the cumulative burdens of the cur- is a major priority for small business and has impact on a substantial number of rent regulatory regime weighed heavily on NFIB’s strong support. Regulatory flexibil- small businesses and is exempt from their minds. We need to make certain that ity was recently voted the third most impor- the Regulatory Flexibility Act. we do not add to that regulatory burden un- tant issue at the White House Conference on No. 3, the amendment provides for necessarily. Small Business. Please call NFIB at (202) 484– Along with the language in the Dole/John- prompt judicial review of an agency 6342 for additional information. certification that the Regulatory ston version of S. 343 which allows for judi- cial review of agencies’ compliance with the Flexibility Act does not apply to a pro- UNITED STATES OF AMERICA Regulatory Flexibility Act, your amendment posed rule. CHAMBER OF COMMERCE, will ensure we have a meaningful way to Washington, DC, July 10, 1995. This is a bipartisan amendment. truly assess the impact of regulations upon DEAR SENATOR: On behalf of the 215,000 This amendment enjoys strong sup- small business and to ensure we do some- port within the small business commu- business members of the U.S. Chamber of Commerce, 96 percent of whom have fewer thing to mitigate the impact. nity. The Small Business Legislative Council than 100 employees, I urge your strong and I ask unanimous consent that copies (SBLC) is a permanent, independent coali- active support for two amendments to be of- tion of nearly one hundred trade and profes- of letters from some of those who are fered to S. 343, the ‘‘Comprehensive Regu- sional associations that share a common supporting this amendment in the latory Reform Act of 1995.’’ The Nunn/ commitment to the future of small business. small business community be printed Coverdell amendment ensures that small Our members represent the interests of small in the RECORD. businesses benefit from the broader protec- businesses in such diverse economic sectors There being no objection, the letters tions of S. 343, and the Abraham/Dole amend- as manufacturing, retailing, distribution, ment guarantees a voice for small businesses were ordered to be printed in the professional and technical services, con- in the regulatory look-back process. To RECORD, as follows: struction, transportation, and agriculture. achieve meaningful reform for that segment ATIONAL EDERATION OF Our policies are developed through a consen- N F of our society hit hardest by regulatory bur- NDEPENDENT USINESS sus among our membership. Individual asso- I B , dens—small businesses—these amendments ciations may express their own views. For Washington, DC. are critical. SUPPORT THE BIPARTISAN NUNN-COVERDELL The Nunn/Coverdell amendment recognizes your information, a list of our members is AMENDMENT TO S. 343 that there may be many instances where a enclosed. S. 343, the Dole/Johnston substitute, cur- regulatory burden on small businesses could Sincerely, rently defines ‘‘major rules’’ as regulations be severe even though the $50 million thresh- JOHN S. SATAGAJ. that have more than a $50 million dollar im- old for a complete regulatory review has not pact. Those major rules are then subject to been triggered. By deeming any rule that MEMBERS OF THE SMALL BUSINESS LEGISLATIVE cost benefit analysis, risk assessment and trips an analysis under the Regulatory Flexi- COUNCIL periodic review. bility Act of 1980 a ‘‘major rule,’’ small enti- Air Conditioning Contractors of America. Unfortunately, some regulations that have ties will receive the protection they need and Alliance for Affordable Health Care. a significant impact on small businesses and deserve from the extreme rigors they often Alliance of Independent Store Owners and other small entities may not meet the $50 experience from even the best-intentioned Professionals. million threshold. A regulatory cost that regulations. American Animal Hospital Association. may be almost insignificant to a Fortune 500 To address the problems associated with American Association of Equine Practi- company could have a devastating effect on the mountain of existing regulations and tioners. a particular segment of the small business their impact on small entities, the Abraham/ American Association of Nurserymen. community. Or, the agency’s estimate that Dole amendment will boost the power of American Bus Association. the impact is less than $50 million may be small businesses to benefit more effectively American Consulting Engineers Council. significantly undervalued. from the sunset provisions of Section 623 of American Council of Independent Labora- A good example of an expensive regulation S. 343. Small companies often need all of tories. that falls under the threshold is OSHA’s so- their people-power and resources simply to American Gear Manufacturers Association. called ‘‘fall protection’’ rule requiring roof- keep afloat. They do not always have the American Machine Tool Distributors Asso- ers to wear harnesses with lifelines that are ability to petition federal agencies for re- ciation. tied to the roof any time they are at least view of particularly onerous existing regula- American Road & Transportation Builders six feet above the ground. Not only will the tions. By vesting within the Small Business Association. total cost to small roofing companies be Administration responsibility for ensuring American Society of Interior Designers. much more than $50 million, many believe that regulations that are particularly prob- American Society of Travel Agents, Inc. the rule may create a greater danger for lematic for small businesses are not excluded American Subcontractors Association. S 9622 CONGRESSIONAL RECORD — SENATE July 10, 1995 American Textile Machinery Association. National Tour Association. subject to cost-benefit analysis and periodic American Trucking Associations, Inc. National Wood Flooring Association. review. American Warehouse Association. NATSO, Inc. NATaT represents approximately 13,000 of AMT-The Association of Manufacturing Opticians Association of America. the nation’s 39,000 general purpose units of Technology. Organization for the Protection and Ad- local governments. Most of our member local Architectural Precast Association. vancement of Small Telephone Companies. governments are small and rural and have Associated Builders & Contractors. Petroleum Marketers Association of Amer- Associated Equipment Distributors. ica. fewer than 10,000 residents. Many of these Associated Landscape Contractors of Power Transmission Representatives Asso- small communities have very limited re- America. ciation. sources available to provide those services Association of Small Business Develop- Printing Industries of America, Inc. required of them such as fire and police pro- ment Centers. Professional Lawn Care Association of tection, road maintenance, relief for the poor Automotive Service Association. America. and economic development. Consequently, Automotive Recyclers Association. Promotional Products Association Inter- many regulations that have less than a $50 Automotive Warehouse Distributors Asso- national. million threshold have a very significant im- ciation. Retail Bakers of America. pact on small towns and townships. Bowling Proprietors Association of Amer- Small Business Council of America, Inc. A good example is the commercial drivers ica. Small Business Exporters Association. license (CDL) requirement for public sector SMC/Pennsylvania Small Business. Building Service Contractors Association employees required by the Motor Vehicle Society of American Florists. International. Safety Act of 1986. While that law may not Turfgrass Producers International. Christian Booksellers Association. have seemed to have a significant impact, it Cincinnati Sign Supplies/Lamb and Co. had a significant impact on small townships NATIONAL ROOFING Council of Fleet Specialists. that had to pay for the training and testing Council of Growing Companies. CONTRACTORS ASSOCIATION, Washington, DC, July 7, 1995. of drivers to obtain a CDL, especially those Direct Selling Association. townships which use part-time drivers for Hon. SAM NUNN, Electronics Representatives Association. snow removal or for emergency response to Florists’ Transworld Delivery Association. U.S. Senate, Washington, DC. DEAR SENATOR NUNN: The National Roofing floods or tornados. Recently, drug and alco- Health Industry Representatives Associa- hol testing requirements were mandated for tion. Contractors Association (NRCA) supports the amendment that you will offer with Sen- those who hold CDL’s, adding to the cumu- Helicopter Association International. lative impact. Independent Bankers Association of Amer- ator Coverdell to remove the $50 million ica. ‘‘major rules’’ floor for small business in the Your amendment will also allow prompt Independent Medical Distributors Associa- Comprehensive Regulatory Reform Act of judicial review of an agency’s non-compli- tion. 1995 (S. 343), in order to apply cost-benefit ance with the RFA if an agency states incor- International Association of Refrigerated and periodic review to all regulations im- rectly that a regulation will not have a sig- Warehouses. pacting small business. nificant impact on small entities. This has International Communications Industries Federal agencies are poor at accurately es- been a continual problem Agencies have Association. timating the cost of their regulations. OSHA often claimed no significant economic im- International Formalwear Association. estimated $40 million annually for its new pact on small entities in their regulatory International Television Association. Fall Protection Standard (Subpart M) and flexibility analysis while giving no justifica- Machinery Dealers National Association. said that it would not have a significant im- tion for their reasoning, though we have be- Manufacturers Agents National Associa- pact on small business. NRCA estimates its lieved quite the opposite. tion. impact to be at least $250 million annually, Manufacturers Representatives of Amer- and it has already wreaked havoc on the in- Mr. NUNN. Mr. President, such a dis- ica, Inc. dustry. play of strong support for the Regu- Mechanical Contractors Association of Another example is OSHA’s 1994 standard latory Flexibility Act has a very long America, Inc. for asbestos containing roofing material history within the small business com- (ACRM). OSHA estimated the annual costs National Association for the Self-Em- munity, going back to the late 1970’s. ployed. to the roofing industry to be approximately National Association of Catalog Showroom $1 million annually, while NRCA estimated The Regulatory Flexibility Act of 1980 Merchandisers. approximately $1.3 billion! OSHA’s cost fig- has been looked upon as the small busi- National Association of Home Builders. ures only took into consideration Built-up ness community’s first line of defense National Association of Investment Com- Roofing (BUR) removal, and it had failed to with regard to the burdens of Federal panies. cover the vast majority of roof removal and regulations. Recognizing that the effec- National Association of Plumbing-Heating- repair jobs. NRCA estimated that removals tive functioning of government cer- of asbestos-containing BUR constituted less Cooling Contractors. tainly requires regulations, the Regu- National Association of Private Enter- than 12 percent of all roof removal jobs. prise. Your amendment would end the tendency latory Flexibility Act was designed to National Association of Realtors. for agencies to underestimate costs by mak- compel agencies to analyze their pro- National Association of Retail Druggists. ing all regulations now subject to the Regu- posed regulations, with opportunities National Association of RV Parks and latory Flexibility Act of 1980 (Reg Flex), sub- for public participation, so that the Campgrounds. ject to S. 343’s cost-benefit analysis and peri- final regulation imposes the least bur- National Association of Small Business In- odic review requirements. And we appreciate den on small businesses. vestment Companies. your language giving judges the authority to National Association of the Remodeling In- immediately stay regulations if necessary. Mr. President, given my focus today dustry. NRCA is an association of roofing, roof on the needs of the small business com- National Chimney Sweep Guide. deck, and waterproofing contractors. Found- munity, my remarks may suggest to National Electrical Contractors Associa- ed in 1886, it is one of the oldest associations my colleagues that the Regulatory in the construction industry and has over tion. Flexibility Act offers protections only National Electrical Manufacturers Rep- 3,500 members represented in all 50 states. resentatives Association. NRCA contractors are small, privately held to small business. In fact, the act’s pro- National Food Brokers Association. companies, and our average member employs tections are available to a fairly broad National Independent Flag Dealers Asso- 35 people with annual sales of $3 million. range of small entities in addition to ciation. Sincerely, small businesses, including small units National Knitwear & Sportswear Associa- CRAIG S. BRIGHTUP, of local government, educational insti- tion. Director of Government Relations. tutions, and other not-for-profit orga- National Lumber & Building Material nizations. My friend from Ohio, Mr. Dealers Association. NATIONAL ASSOCIATION OF GLENN, was especially vigilant regard- National Moving and Storage Association. TOWNS AND TOWNSHIPS, National Ornamental & Miscellaneous Washington, DC, July 7, 1995. ing the application of the Regulatory Metals Association. Hon. SAM NUNN, Flexibility Act to small units of local National Paperbox Association. U.S. Senate, Washington, DC. government during his tenure as chair- National Shoe Retailers Association. DEAR SENATOR NUNN: The National Asso- man of the Committee on Govern- National Society of Public Accountants. ciation of Towns and Townships (NATaT) mental Affairs. National Tire Dealers & Retreaders Asso- strongly supports the Nunn-Coverdell ciation. amendment to S. 343 that would require all Enactment of the legislation that be- National Tooling and Machining Associa- regulations currently subject to the Regu- came the Regulatory Flexibility Act tion. latory Flexibility Act of 1980 (RFA) to be was a key recommendation of the 1980 July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9623 White House Conference on Small Busi- this provision and the enhanced judi- rive at the same place, and that is the ness. Last month, small business per- cial enforcement of the act already maximum protection for small busi- sons from across the Nation came to- contained in the bill will make the ness but a workable system for the gether for the 1995 White House Con- agencies take more seriously their re- agencies so that the agencies will not ference on Small Business. sponsibilities under the Regulatory be overloaded. It comes as no surprise that issues Flexibility Act. We had proposed to the Senator from relating to regulatory relief were key I know that during the debate on this Georgia an alternative, which is, in ef- topics of discussion among the dele- provision concern will be expressed fect, to have the same kind of fix that gates at the 1995 conference. They that the amendment will substantially Senator ABRAHAM had in his amend- made clear their strong concerns re- overburden the regulatory staff within ment, which is to give OIRA, in effect, garding the current Federal regulatory the various departments and agencies. a veto over these procedures. process, from the way agencies design They may cite figures drawn from the Mr. President, I ask unanimous con- new regulations to how the agencies semiannual regulatory agenda which sent that the amendment that the Sen- implement the regulations under their suggest that 500 or even 1,000 addi- ators from Georgia and I have dis- charge. tional rules may be subject to cost-ben- cussed be printed in the RECORD at this Many of the key features of S.343, efit analysis under the Nunn-Coverdell point. and other legislative proposals to pro- amendment. I believe these figures are There being no objection, the amend- vide greater discipline to the regu- inflated and inaccurate for the reasons ment was ordered to be printed in the latory process, were endorsed in the that will, no doubt, be subsequently RECORD, as follows: recommendations voted upon by the discussed. On page 14, line 10, strike out ‘‘or’’. White House Conference delegates. In In contrast, I am confident that the On page 14, line 16, add ‘‘or’’ after the semi- colon. particular, the White House Con- actual number is substantially smaller, On page 14, insert between lines 16 and 17 ference’s recommendations on regu- certainly less than 200. By the time the following new subparagraph: latory reform called for assessing more you count those proposed regulations ‘‘(C) any rule or set of closely related rules, proposed regulations against rigorous within a $50 million or $100 million not determined or designated to be a major cost-benefit standards. Similarly, the threshold, a number will be double rule pursuant to subparagraph (A) or (B), broader use of risk assessment, based counted: The number of proposed regu- that is designated as a major rule pursuant on sound scientific principles and com- lations covered is probably somewhere to section 622(b)(2) (and a designation or fail- ure to designate under this subparagraph pared to real world risks, were included around 150. Even that number may be shall not be subject to judicial review).’’ within a number of recommendations inflated by proposed rules that are ex- On page 20, insert between lines 12 and 13 voted the top 60 recommendations from empt under S. 343’s definition of rule. the following new paragraph: the 1995 conference. Other conference My estimate, Mr. President—and I ‘‘(2) If the agency has determined that the recommendations called for the peri- recognize that it is an estimate that is rule is not a major rule within the meaning odic review of existing regulations to based upon 14 years of experience under of section 621(5)(A) and has not designated establish their continuing need and to the Regulatory Flexibility Act by the the rule as a major rule within the meaning of section 621(5)(B), the Chief Counsel for Ad- determine if they could be modified, career staff of the Office of the Chief vocacy at the Small Business Administra- based upon experience, to make them Counsel for Advocacy at the Small tion may publish in the Federal Register a less burdensome. Business Administration, the office determination, and accompanying factual Finally, Mr. President, the delegates charged with monitoring agency com- findings supporting such determination, to the 1995 White House Conference on pliance with the Regulatory Flexibility drawn from the initial regulatory flexibility Small Business adopted recommenda- Act. It takes into consideration regula- analysis, that the proposed rule should be tions to strengthen the Regulatory tions for which regulatory flexibility designated as a major rule because of its sub- Flexibility Act in many of the ways analyses were done. It also takes into stantial economic impact on a significant being done by the provisions of S. 343, number of small entities. Such determina- consideration those situations in which tion shall be published not later than 15 days and by the Nunn-Coverdell amendment. the Office of Advocacy believed the Act after the publication of the notice of pro- Action today to strengthen the Regu- applied and the agency certified to the posed rulemaking. The Director or designee latory Flexibility Act may well be the contrary. of the President shall designate such rule as most prompt congressional response to While I agree that we cannot give the a major rule under paragraph (1) unless the a recommendation from any White agencies an impossible set of tasks in Director or designee of the President pub- House Conference on Small Business. reviewing proposed and existing regula- lishes in the Federal Register, prior to the Mr. President, in addition to estab- tions, we must not loose sight of the deadline in paragraph (1), a finding regarding lishing a statutory link between the the recommendation of the Chief Counsel for regulated public. I believe that they Advocacy that contains a succinct statement Regulatory Flexibility Act and the re- have a right to demand that proposed of the basis for not making such a designa- quirements for cost-benefit analysis regulations be thoroughly analyzed, tion.’’ under S. 343, my amendment takes and that they meet rigorous standards On page 20, line 13, strike out ‘‘(2)’’ and in- other steps to enhance the effective- of cost-benefit analysis, risk assess- sert in lieu thereof ‘‘(3)’’. ness of the regulatory flexibility proc- ment when appropriate, and regulatory On page 39, line 22, strike out ‘‘and’’. ess. First, an agency certification that On page 39, line 24, strike out the period flexibility for small entities, Similarly, and insert in lieu thereof a semicolon and a proposed regulation would not have a the regulated public has a right to ex- ‘‘and’’. significant impact on a substantial pect that existing regulations be re- On page 39, add after line 24 the following number of small businesses would have viewed for their continuing utility, and new subparagraph: to be backed up by facts. This is not when possible, modified to reduce their ‘‘(C) an agency certification that a rule the case today. Small business advo- burden. will not have a significant economic impact cates complain about their being de- Mr. President, I urge my colleagues on a substantial number of small entities pursuant to section 605(b)’’. prived of the act’s protections by such to support the amendment. On page 69, line 5, insert after ‘‘entity’’, ‘‘, unwarranted certifications of Mr. JOHNSTON. Will the Senator upon publication of the final rule,’’. nonapplicability. yield for a question? On page 69, line 7, strike ‘‘A court’’ and in- Along the same lines, the Nunn- Mr. NUNN. Yes. sert in lieu thereof ‘‘Notwithstanding section Coverdell amendment makes possible a Mr. JOHNSTON. Mr. President, I will 625(e)(3), a court’’. judicial challenge of such unwarranted not subject the Senator to a long series Mr. JOHNSTON. Mr. President, I will certifications early in the regulatory of questions because I sympathize with not propose that amendment today, process. Abuse is prevented by requir- the condition of his voice. but I simply ask the Senator, in fact ing that the judicial challenge be Mr. President, we have had conversa- both Senators from Georgia, if they brought within 60 days of the certifi- tions, both Senators from Georgia and will continue to work with us with a cation and in the Court of Appeals for myself and my staff, Senator ROTH, and view to dealing with this problem of the District of Columbia Circuit. Sup- others, concerning the problem of agency overload, hoping to find some porters of our amendment within the agency overload. It seems to me that alternative—if not the one that I have small business community believe that all sides in this endeavor want to ar- sent to the desk for printing, then some other alternative, so that we may deal with that question of overload. S 9624 CONGRESSIONAL RECORD — SENATE July 10, 1995 Mr. NUNN. Mr. President, I say to and she was literally scared to death. ernment begin to become more flexible my friend from Louisiana that the an- She was afraid that she was going to to analyze the proportionate impact of swer is yes. I will certainly continue to make a mistake that would somehow regulations on small business. The discuss any modification of this do harm to our family and our com- problem was that it did not require a amendment that makes sense from the pany. Even at that time it was threat- cost analysis and there was no judicial small business perspective, and also ening. And since that time—probably review. So it had been ignored far too from the point of view of regulatory some 15 years ago—it has been regula- much. overload. This is a difficult area. None tion after regulation after regulation So while the Congress came forward of us knows precisely what the num- by the hundreds, by the thousands. and said we are going to do this, we are bers of regulations that are going to be People that had four employees or less going to really try to improve the situ- affected here. So we are dealing with had an enormous problem trying to re- ation for small business, it was a hol- an unknown. But I do think that when spond to what all these regulations ask low promise. It has not achieved what we are in doubt, we ought to tilt to- of small business. it set out to do. ward not having a regulatory burden Here is an even more startling figure. So the Nunn-Coverdell amendment overwhelming the small business com- Of the 5 million companies, 94 percent takes the Regulatory Flexibility Act— munity. That would be my perspective. have 50 employees or less. That means which we have already passed; we have But I will be glad to continue to try to only 6 percent of the companies in the already acknowledged the purpose— work with him in this regard because I United States fall into this category and it said it will have to have mean- know he has the same goal. We will where they have the kinds of re- ing. It already requires extensive re- continue to discuss it even as we de- sources—even as expensive as they view and analysis. So we are simply bate it here on the floor. are—to defend themselves. saying that it will have to add a cost Mr. JOHNSTON. Mr. President, I Half the small businesses are started analysis and that there is a regulatory thank the Senator from Georgia for his with less than $20,000. More than half review so that it is enforceable, so that answer. the 800,000 to 900,000 businesses that are what the Congress meant to do in 1980 Mr. NUNN. Mr. President, I yield the formed each year will go out of busi- will in fact happen in 1995, 15 years floor. ness within 5 years. One of the reasons later. That says something else about Mr. GLENN addressed the Chair. is they cannot keep up with what their our Government. The PRESIDING OFFICER. The Sen- Federal Government is demanding of The Senator from Louisiana has ator from Ohio. them. raised a legitimate problem. We are Mr. GLENN. Mr. President, I with- From 1988 to 1990 small businesses concerned about the administrative hold. with fewer than 20 employees ac- functions of Government. But if I have Mr. COVERDELL addressed the counted for 4.1 million net jobs. Large to choose between where the balance of Chair. firms—that is the 6 percent—lost half a the burden should rest, should it rest The PRESIDING OFFICER. The Sen- million jobs. on the U.S. Government, the EPA, ator from Georgia. The point I am making here is that OSHA, the Labor Department, and Mr. COVERDELL. Mr. President, these small businesses need a lot of their millions and their thousands of first I want to thank my colleague nurturing and help and assistance from employees, or should it rest on the lit- from Georgia, Senator NUNN, for his a friendly partner and not a lot of bur- tle company in Georgia that has three dedication to this effort on behalf of den and bludgeoning from a bully part- employees? And if I have to pick be- small business. And we are all particu- ner. As we have restructured corporate tween those two, I am going with the larly sympathetic to the malady with America, it is the small business that little company in Georgia. Given the which he returned from the recess. We has given us the most to be optimistic scope of the resources both have, the wish him well soon. about. They are creative, they take problem is a lot more fixable from a I also want to answer the question of risk, and they are hiring people. They burden standpoint on the part of the the Senator from Louisiana. As we con- are virtually the only sector right now Government than it is on that little tinue through the process with Senator that is hiring people. firm and thousands of, millions of, oth- DOLE and his bill, we would obviously The point I am making is that we ers like it across the country. keep on the table discussions to try to need to underscore how much attention This is a good amendment. This will facilitate his concern. We did not have we as a Congress need to give to facili- help small business. If we help small enough time to talk a little earlier. tating small business. We have a lot of business, Mr. President, they are going But while we remain concerned about financial problems in our country that to help America because they are going agency overload, I think the Senator we have to resolve in the very near to hire people looking for a job by the from Louisiana would join with myself term. That is what all the balanced millions. And they are going to expand and the Senator from Georgia and oth- budget fights are about. But one of the our economy. ers in sympathy for the overload that four key components to fixing our fi- Mr. President, I yield the floor. small business America has been suf- nancial discipline today is to expand Mr. DOLE addressed the Chair. fering for too long, way too long. the economy. We have such a large The PRESIDING OFFICER. The ma- Just to cite some of the figures, economy that a modest expansion gives jority leader. sometimes I think we forget what we us enormous relief, and the one place Mr. DOLE. I wonder if I might have a are talking about when we talk about that we have the best chance of ex- few minutes on another topic. Is the small business. There are over 5 mil- panding our economy is small business. time divided? lion employers in the United States. It literally makes no sense for us to The PRESIDING OFFICER. Time is Sixty percent of them are small busi- not only be not attentive to relieving not divided. nesses that have four—four—employees them from regulatory burden and Mr. DOLE. If I may be permitted to or less. threat and cost, but we should be very speak out of order on two other mat- If you run a family business, or any focused on the reverse; that is, creating ters. endeavor, you understand what a lim- every incentive that we can think pos- The PRESIDING OFFICER. Without ited resource that is standing against sible to aid and abet small business. objection, it is so ordered. the aura of the Federal Government. I Mr. President, the Congress has rec- f remember years ago walking into our ognized this for a long time. And in family business. My mother had come 1980, as Senator NUNN has acknowl- FAILED APPROACH IN BOSNIA down to help us. We had four—myself, edged, the Regulatory Flexibility Act Mr. DOLE. Mr. President, as the Ser- my father, my mother and one other at was enacted. The idea was we were al- bian advance on Srebrenica continues, that time. I looked across the table. ready worried about what was happen- the administration, the U.N. bureauc- She was just staring across the room. ing to small business. We were already racy, and some of our allies are busy This is many regulations ago. I asked treating small business like it was defending their failed approach in her what the problem was. She had General Motors. So the Congress Bosnia. They argue that the Bosnians some government form in front of her, passed legislation that made the Gov- are better off if the U.N. forces stay in July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9625 Bosnia, that lifting sanctions on Serbia Mr. President, these are only a few the wrong side of that line, protecting the is the key to peace, that the Serb air examples of the reality in Bosnia. It is Serbs (and the status quo) from retaliation defenses do not pose a threat to NATO this reality that should drive U.S. pol- for having downed O’Grady and for killing, air crews—the news from Bosnia not- icy. It is this reality that has moved wounding, imprisoning and harassing Brit- ish, French, Spanish, Danish and other sol- withstanding. the Bosnian Government to reassess diers operating in Bosnia under the U.N. In his response to a letter from the U.N. presence in Bosnia. It is this peacekeeping flag. Speaker GINGRICH and me, the Presi- reality that should prompt us to do the This can only undermine U.S. and Euro- dent stated that he believed that the same. pean support for keeping those troops there United States must support the U.N. The fact is that despite the presence and continuing an arms embargo against protection forces’ continued presence of over 25,000 U.N. peacekeepers and de- Bosnia. It is now embarrassingly evident in Bosnia. He said that UNPROFOR spite the impending arrival of the rapid that in Bosnia and elsewhere U.N. ‘‘humani- had played and was playing a ‘‘critical reaction force, the Bosnians are still tarian’’ operations are guided by bureau- cratic dedication to career and organization. role’’ in diminishing the conflict and being slaughtered, safe areas are under There is no room for justice, or for outrage was assisting the U.N. high commission siege, and the United Nations contin- over the Serbs’ long record of atrocity and on refugees in providing aid to the ues to accommodate Serb demands and betrayal, in the mandate of Yasushi Akashi. Bosnian population. veto even limited military action de- These are the two straws that break the In order to believe that the United signed to protect United States air United Nations’ back in Bosnia: States and European approach in crews. The fact is that the United Na- (1) Akashi, the Japanese diplomat who is Secretary General Boutros Boutros-Ghali’s Bosnia is working, one simply has to tions has become one of the means of play a game I call ‘‘let’s pretend.’’ The representative in Bosnia, actively blocked securing Serb gains made through bru- French and British efforts to form outside rules are simple. It goes like this: tal aggression and genocide. the U.N. command a rapid reaction force to Pretend that the U.N. forces are de- As Jim Hoagland aptly pointed out strike back at the Serbs after hundreds of livering humanitarian aid to those in yesterday in the Washington Post, and peacekeepers were taken hostage by the need; I quote, Serbs and then released in June. Pretend that the U.N. forces control The war has now reached a point where the The rapid reaction force will be under Sarajevo airport; U.N.’s value free equation of Serbs who are Akashi’s control and will observe the same Pretend that the U.N. forces are pro- willing to kill with Bosnians who are willing peacekeeping rules imposed on the 22,500- tecting safe havens such as Sarajevo to die cannot be sustained and cannot be al- man international army already there, and Srebrenica and that no Bosnians lowed to spread deeper into the Clinton ad- Akashi promised the Serbs in a secret letter disclosed to reporters by the Bosnian govern- are dying from artillery assaults and ministration which too docilely accepted Akashi’s veto on retaliation. Americans will ment. shelling; The new troops, like the old troops, will no long support humanitarianism based on Pretend that there is a credible not be permitted to make distinctions be- self-serving bureaucratic cynicism and fear. threat of serious NATO air strikes; tween Serb aggressors, who have ‘‘ethnically Pretend that the no-fly zone is being Not my quote but a quote in the cleansed’’ Muslim territories and the forces enforced; Washington Post from Jim Hoagland, of the U.N.-recognized Bosnian government Pretend that Serbian President who, I must say, has had a shift in his trying to regain its lost lands. If Akashi has Milosevic is not supporting Bosnian thinking recently. his way, the United Nations will go on equat- Serb forces; The time for make-believe is over. ing Serbs who blockade food shipments with Pretend that Bosnian Serb air de- The United Nations mission in Bosnia Bosnians who starve because those ship- fenses are not deployed against NATO ments do not get through. is a failure. The Bosnians deserve and (2) Following O’Grady’s escape, Akashi, aircraft and are not integrated into are entitled to defend themselves. The with the backing of France and Russia, ve- Serbia’s air defense system. United Nations must begin to withdraw toed any new bombing raids on the Serbs. Pretend that the rapid reaction force and the arms embargo must be lifted. The U.S. Air Force was denied the chastising will react forcefully and rapidly under Therefore, I intend to take up a modi- effect of retaliation and the preemptive pro- the same U.N. rules of engagement fied version of the Dole-Lieberman tection of taking out Serb anti-aircraft mis- which have made UNPROFOR impo- arms embargo bill following disposi- sile batteries that are linked to computer tent; networks controlled from Belgrade. tion of the regulatory reform bill. The chilling hostage-taking changes noth- Pretend that U.N. forces can stay in Mr. President, I think every day it is Bosnia forever and that we will never ing, except to make the United Nations com- worse and worse, if it can become mand even more timid. The murder attempt have to contemplate U.N. withdrawal. worse, in Bosnia, particularly for the on O’Grady changes nothing except to end ef- Mr. President, if you can pretend all Bosnians. It seems to me it is high fective enforcement of the no-fly zone over of the above, you can easily accept the time to act. Bosnia. Score in this exchange: Serbs every- administration’s defense. On the other I ask unanimous consent that the en- thing, U.N. nothing. hand, if you react to reality and do not tire column in the Washington Post by That is galling, but it is now probably too engage in multilateral make-believe, late to fix. ‘‘You have to respond imme- Jim Hoagland be printed in the diately,’’ Sen. John McCain (R-Ariz.), a then you will not be persuaded by the RECORD. administration’s case. Without taking fighter pilot in Vietnam and prisoner of war There being no objection, the article for 51⁄2 years, told me. ‘‘I don’t think you can the time to review the last year or two was ordered to be printed in the retaliate a month or two later and expect to or three in Bosnia, let us just look at RECORD, as follows: have any effect.’’ the reports from the last week or so: [From the Washington Post, July 9, 1995] But McCain also made this telling point: In Srebrenica, a so-called U.N. des- ‘‘We made a mistake in not publicizing the BOSNIA: THE U.N.’S MORAL ROT ignated safe area, Serb forces overran fact that this shoot-down could not have U.N. observation posts and Serb tanks (By Jim Hoagland) happened without the Belgrade computers are within a mile of the town center— The Serb missilemen who shot down Capt. the missile batteries are hooked up to. In- Scott O’Grady’s F–16 over Bosnia committed in fact, we have just had a report that stead the administration is constantly send- attempted murder and got away with it. ing an envoy’’ to negotiate with Serb Presi- they are even closer than that; After a month, there has been no American dent Slobodan Miloseyic—suspected by some In Sarajevo, the hospital was shelled retaliation for an act of treachery that once in U.S. intelligence of having given the order and more children were slaughtered; would have brought the heavens down on its both for the downing of the F–16 and the Information surfaced that Bosnian perpetrators. grabbing of the U.N. soldiers. Serb air defenses are tied into Bel- Understand why the American government This is how moral rot spreads. The United grade’s air defense system; swallowed this humiliation (without even a Nations once served as useful political cover The no-fly zone was violated and serious denunciation of the Serb politicians for the major powers, who wanted to limit NATO did not respond; in Belgrade who oversaw the shoot-down), their own involvement in the wars of ex- U.N. envoy Akashi assured the and you understand why the international Yugoslavia. The administration was right to Bosnian Serbs that the United Nations effort in Bosnia has failed so miserably—and try to minimize the dangers of rupture with- why it should now be terminated. in NATO over a unilateral U.S. lifting of the would continue business as usual in the A line has been crossed in Bosnia, a line arms embargo against Bosnia. wake of the downing of U.S. pilot that separates humanitarian impulse from But the war has now reached a point where O’Grady and the taking of U.N. hos- moral rot; a line that divides ineffectiveness the U.N.’s value-free equation of Serbs who tages. from dishonor. The United Nations is now on are willing to kill with Bosnians who are S 9626 CONGRESSIONAL RECORD — SENATE July 10, 1995 willing to die cannot be sustained and can- most fundamental question is whether nation that is at all suspected of with- not be allowed to spread deeper into the normalizing relations with Vietnam holding any information’’ on POW/MIA Clinton administration, which too docilely will further the goals we share. In my cases. Let me repeat: ‘‘suspected of accepted Akashi’s veto on retaliation. view, now is not the time to normalize withholding any information.’’ Let me Americans will not long support humani- tarianism based on self-serving bureaucratic relations with Vietnam. The historical repeat, ‘‘suspected of withholding any cynicism and fear. For better or worse, record shows that Vietnam cooperates information’’ on POW/MIA cases. I American participation in the arms embargo on POW/MIA issues only when pres- hope the standard proposed by Presi- will soon come to an end and NATO member sured by the United States; in the ab- dent-elect Clinton is the same standard troops will come out. The war is going to get sence of sustained pressure, there is lit- used by President Clinton. bloodier. And the bureaucrats of the United tle progress on POW/MIA concerns, or No doubt about it, the Vietnamese Nations, who now pursue policies that pro- on any other issue. Government wants normalization very foundly offend a common sense of justice and The facts are clear. Vietnam is still a badly. Normalization is the strongest decency, will not be blameless for this hap- pening. one party Marxist dictatorship. Pre- bargaining chip America has. As such, serving their rule is the No. 1 priority it should only be granted when we are f of Vietnam’s Communist Government. convinced Vietnam has done all it can RELATIONS WITH VIETNAM Many credible sources suggest Vietnam do. Vietnam has taken many steps— is not providing all the information it sites are being excavated, and some re- Mr. DOLE. Mr. President, news re- can on POW/MIA issues. In some cases, mains have been returned. But there ports indicate that President Clinton is increased access has only confirmed are also signs that Vietnam may be on the verge of making a decision how much more Vietnam could be willfully withholding information. Un- about normalizing relations with Viet- doing. This is not simply my view, it is less the President is absolutely con- nam. I understand an announcement a view shared by two Asia experts— vinced Vietnam has done all it can to may come as soon as tomorrow. Sec- Steve Solarz, former chairman of the resolve the POW/MIA issue—and is retary of State Warren Christopher has House Subcommittee on Asia and Pa- willing to say so publicly and un- recommended normalization. Many cific Affairs, and Richard Childress, equivocally—it would be a strategic, Vietnam veterans support normaliza- National Security Council Vietnam ex- diplomatic and moral mistake to grant tion—including a bipartisan group of pert from 1981 to 1989. Earlier this year, Vietnam the stamp of approval from veterans in the Senate, led by the sen- they wrote: the United States. ior Senator from Arizona, JOHN Vietnam could easily account for hundreds I ask unanimous consent that the ar- MCCAIN. Many oppose normalization as of Americans by a combination of unilateral ticle from which I quoted earlier be well. Just as the Vietnam war divided repatriation of remains, opening its archives, printed in the RECORD. Americans in the 1960’s and 1970’s, the and full cooperation on U.S. servicemen There being no objection, the article issue of how to finalize peace with missing in Laos. was ordered to be printed in the Vietnam divides Americans today. Again, not my quote but a quote by RECORD, as follows: At the outset, let me observe that the two gentlemen mentioned. They there are men and women of good will [From the San Diego Union-Tribune, Mar. 19, conclude that, 1995] on both sides of this issue. No one Whatever the reasons or combination of should question the motives of advo- PRISONER ISSUE CONTINUES TO TAINT reasons, Vietnam, in the current environ- RELATIONS cates or opponents of normalization. ment, has made a conscious decision to keep (By Richard T. Childress and Stephen J. We share similar goals: Obtaining the the POW/MIA issue alive by not resolving it. Solarz) fullest possible accounting for Amer- This is a view shared by the National ican prisoners of war and missing in ac- Although the U.S. trade embargo with League of POW/MIA families which has Vietnam has been lifted and consular-level tion; continuing the healing process in worked tirelessly to resolve the issue liaison offices have been opened, relations the aftermath of our most divisive war; for many years. It is also a view shared between the United States and Vietnam are fostering respect for human rights and by major veterans groups, including far from normal. The major remaining bilat- political liberty in Vietnam. the American Legion, the largest vet- eral obstacle, the POW/MIA issue, is still I can recall in, I think, 1969 attending erans group. The media have reported cited by the Clinton administration as the the first family gathering of POW’s and that the Veterans of Foreign Wars, the primary impediment to normalization. Multiple intelligence studies from the war MIA’s. Only about 100 people showed second largest group is supportive of up. I think I may have been the only through today conclude that Vietnam could normalization. Let me quote from easily account for hundreds of Americans by Senator there. And I promised that VFW’s official position adopted at its a combination of unilateral repatriation of group that within 3 months we would 1994 convention: remains, opening of its archives and full co- have a meeting at Constitution Hall, At some point in time but only after sig- operation on U.S. servicemen missing in which seats 2,000 people, and we would nificant results have been achieved through Laos, 80 percent in Lao areas controlled by fill it up. And we did. And I remember Vietnam/U.S. cooperative efforts, we should the Vietnamese during the war. wearing the John McCain bracelet for a . . . move towards normalizing diplomatic While joint Vietnamese-American efforts couple of years back in those days relations. to excavate aircraft crash sites and other- wise ‘‘clean up the battlefield’’ will continue when JOHN MCCAIN was still a POW. A more recent VFW statement makes to provide some accountability, it will not be So I have had a long and I think con- clear that normalization is not opposed enough. What is needed is a decision by Viet- sistent interest in the fate of POW’s by the VFW if it leads to a fuller ac- nam’s ruling politburo to resolve the core and MIA’s starting way back when no- counting of POW/MIA cases. POW/MIA cases, including those Americans body knew the difference, when brace- If President Clinton intends to nor- last known alive in the custody or imme- lets were not ordinary, nobody knew malize diplomatic relations with Viet- diate vicinity of Vietnamese forces. That de- what a POW/MIA was for certain. And nam, he should do so only after he can cision has not been made. so it is something that I have had an clearly state that Vietnam has done Reasons offered for this have included a di- interest in for a long, long time. everything it reasonably can to provide vided politburo, a desire to exploit the POW/ MIA issue for future financial or political ad- The debate over normalization is the fullest possible accounting. That is vantage, a continuing residue of hostility or about our differences with the Govern- the central issue. The United States hatred toward Americans in Hanoi’s min- ment of Vietnam, not with the Viet- has diplomatic relations with many istries of interior and defense, and a fear of namese people. The people of Vietnam countries which violate human rights, embarrassment. Some also speculate that have suffered decades of war and brutal and repress their own people. But the Vietnam’s leadership fears the United States dictatorship. We hope for a better fu- United States should not establish re- will ‘‘walk away’’ once the issue is resolved. ture for the people of Vietnam—a fu- lations with a country which withholds Whatever the reason or combination of ture of democracy and freedom, not re- information about the fate of American reasons, Vietnam, in the current environ- ment, has made a conscious decision to keep pression and despair. servicemen. As President-elect Clinton the POW/MIA issue alive by not resolving it. The debate over normalization is not said on Veterans Day, 1992, ‘‘I have This fundamental aspect of Vietnamese a debate over the ends of American pol- sent a clear message that there will be emphasis on the POW/MIA issue has been icy; it is a debate over the means. The no normalization of relations with any central from the Paris negotiations in 1968– July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9627 73 and through every administration since ton-Hanoi dialogue on human rights in Viet- China’s burgeoning economic and political that time. Knowing it to be the most sen- nam. clout. Although elements of Vietnam’s cur- sitive issue to Americans of all the other bi- In the interim, it is in both countries’ in- rent agenda are variously shared by ASEAN, lateral humanitarian concerns, Hanoi has terests that Vietnam proceed with internal American military power and political com- consistently used it as the lodestar for lever- economic reforms. This would assist Viet- mitments are not designed to ameliorate ar- age over American policy. Similarly, the nam in further integrating into Asia gen- guments between China and Vietnam. The compelling nature of the issue to Americans erally and the Association of Southeast United States facilitated the end of the has caused it to be central in our dealings Asian Nations (ASEAN) specifically. This proxy war between China and Vietnam in with Vietnam over the years. long-term objective was shared in some re- Cambodia not by taking sides but by oppos- This centrality to American policy-makers spects throughout each American adminis- ing both unworthy claimants in an inter- has, however, engendered different ap- tration since the end of the Vietnam con- national and regional context. proaches. These have varied from concerted flict. The reality of the economic and strategic efforts to define the issue away and defuse it, Such integration would also provide great- conditions now and in the foreseeable future to confronting the issue directly in order to er exposure of the Vietnamese leadership to does not make Vietnam central to American resolve it. Even policy-makers who viewed international economic and political norms, policy. The Vietnamese desire for real nor- the POW/MIA issue as a hindrance to healing perhaps reduce some Vietnamese paranoia malization with the United States is recog- or normalization demonstrated its centrality and help convince the Vietnamese that the nized, but the gap is wide and will remain so by expending much political capital in a POW/MIA issue is a ‘‘wasting asset’’ for them despite the wishful, almost romantic think- failed attempt to prove the contrary. that needs to be resolved. Integration would ing of some. Confronting the issue directly in negotia- also mesh with Vietnam’s desire for greater Vietnam and the United States do have a tions has been the only demonstrable path to international acceptance. Finally, it would unique relationship forged through shared progress. It is, ironically, the path desired by serve to lessen Vietnam’s perceived isolation recent history. Both sides can regret missed the Vietnamese for reasons already outlined. as a potentially threatened neighbor of an opportunities. And while the history of bilat- When Reagan administration officials re- increasingly assertive China. eral negotiations is tortured, the signifi- opened the POW/MIA dialogue with Vietnam However, American policy-makers also cance of historic antagonisms can only be in 1981, the politburo was delighted. Refer- need to view this from an internal Vietnam- muted by a credible effort to resolve the ring to the 1978–81 freeze in U.S.-Vietnam ese perspective that would expect such inte- POW/MIA issue, the only path to real healing talks, Hanoi’s negotiators remarked that gration and acceptance to relieve pressure and normalization. they ‘‘didn’t know we still cared.’’ That was for political reforms and improved human In sum, fully normalized relations between also a challenge. rights. Vietnam has boldly endorsed univer- the United States and Vietnam are not on While the Clinton administration has re- sal declarations on human rights and at- the immediate horizon. Vietnam will re- jected linking human rights directly to ques- tempted to join the cultural argument be- main, in an economic and strategic sense, of tions to normalization, that, too, is a poten- tween Asia and the West, as if its political little importance to the United States. Rela- tial obstacle. Strong feelings for linkage system were even comparable to those ad- tions could conceivably move forward in the exist in some human-rights organizations, vancing the argument in Asia. absence of a real economic or strategic ra- the American-Vietnamese community, the For the foreseeable future, Vietnam will tionale with significant progress on POW/ labor movement and in Congress. Linkage have three major objectives: continued polit- MIA accounting through unilateral Vietnam- may not be desired as a matter of executive ical control under the Communist Party, ese action. The longer Vietnam delays in branch policy, but initiatives are possible in economic development that does not threat- this regard, the more likely normalization the new Congress along with other domestic en such control, and a sense of security in its could be linked to human rights concerns, as pressures. relationship with China. well. If this occurs, it would be supported by In the mid-1980s, legislation was proposed While political change is inevitable over those who, heretofore, believed Vietnam to use Vietnam’s blocked assets to pay pri- time, it will be due to internal factors, and would be able to forge a politburo consensus vate claims, and significant lobby pressure American leverage will be at the margins. and finally end the uncertainty of America’s was put on the Reagan administration and Economic reforms have spawned divisions in POW/MIA families. Congress to liquidate the assets. This initia- Vietnam’s communist party and govern- Normalized relations are quite logical in tive was opposed by the administration and ment, as well as regional tensions between an ideal world. Full normalization with Viet- rejected by the Congress. The objection then the North and the South. Recriminations are nam is desirable, but as a practical matter is was that it would interrupt humanitarian already evident between reformers and hard- not possible or prudent as long as it can be cooperation, that official claims of the Unit- liners, and a significant American role in the credibly maintained that Vietnam can do ed States government would become second- Vietnamese economic future will be limited. more to account for missing Americans. After listening to wishful speculation ary, and that such transactions should be ne- If the Clinton administration proceeds about a ‘‘new tiger’’ in Asia, spawned by gotiated in the context of normalization dis- with the elements of normalization as an ob- young consultants, service industries and cussions. Sufficient funds existed to cover jective, rather than an instrument to resolve lobby organizations with a vested interest in the private claims, and the United States, as bilateral issues, domestic and congressional lifting the embargo, American businesses are the custodian of the funds, was positioned to opposition is likely to increase. That, in again looking at political and economic re- settle them from a position of strength and turn, would further reduce executive branch alities they tended to ignore for the past leverage. flexibility, and create a renewed round of re- Vietnam’s near-term and long-term eco- four years. criminations as well as a new gauntlet for nomic goals are central to its leadership. Press accounts of Vietnam’s economic po- future negotiators. High on the leadership’s bilateral list is tential before and after the lifting of the most-favored-nation (MFN) status and eligi- trade embargo are strikingly different. Mr. KENNEDY. Mr. President, I bility for the so-called generalized system of Overblown stories of ‘‘the last frontier,’’ came over to address another issue. I preferences (GSP), an additional trade con- ‘‘the emerging tiger in Asia,’’ and the loss of listened to the majority leader’s state- cession. business to foreigners were common themes ment with regard to actions that may But Vietnam’s primitive economy and ru- before. Now, the media is beginning to report be taken by the President in the fore- dimentary trade mechanisms hamper its ac- about corruption, unenforceability of legal cession to the General Agreement on Tariffs codes, currency problems, bureaucratic hur- seeable future. and Trade and, accordingly, limit American dles, arbitrary decision-making by govern- I want to commend what I thought flexibility on commercial issues. In addition, ment officials, the paucity of infrastructure was an excellent presentation by my various legal and regulatory obstacles stand and the reality that Vietnam, with few ex- friend and colleague, Senator KERRY, in the way. Some of the relevant provisions ceptions, is almost a decade away from real as well as Senator MCCAIN, on this can be waived through executive action; profitability on an American business scale. issue on Sunday, as well as Senator under certain conditions legislation may be Profits for American companies operating SMITH from New Hampshire who was required. in Vietnam are not likely for several more talking about this issue, I thought, in a In any event, since it is Vietnam, the Clin- years. A lot of money is being spent and very ton administration should be reluctant to little is being made. very constructive, positive, bipartisan take any significant steps without close con- Most experienced observers of Asia’s geo- way. sultation with Congress. politics recognize, as well, that Vietnam is I think for those who are looking to Despite a significant loss of American le- not of real strategic relevance to the United try to deal with an issue of this com- verage after the trade embargo was lifted, States in the 1990s. Nonetheless, armchair plexity, of this importance, Members one could argue that the United States is strategists, military planners, and some in would be wise to take a few minutes again positioned for progress. This plateau Congress continue to argue otherwise, and and review their presentations. I allows the Clinton administration some worry aloud accordingly. breathing room to hold firm; to insist on Still, Vietnam is certainly looking for thought there were particularly con- meaningful, unilateral action by Vietnam to strategic solace. Its historic fear of China is vincing arguments to be made in favor meet the four POW/MIA criteria set forth by underscored today by Chinese claims on is- of moving the process forward at this President Clinton and to advance a Washing- land groups in the South China Sea, plus time, and I thought the statements S 9628 CONGRESSIONAL RECORD — SENATE July 10, 1995 that were made by, as I mentioned, my Now, agencies are going to be hard Let me say that the Regulatory colleagues Senator KERRY and Senator pressed with the budget cuts they are Flexibility Act was passed by Congress MCCAIN that support that change were facing now just to do the analysis re- as a way to ensure that agencies would very compelling. I thought the observa- quired if we just pass the Glenn-Chafee evaluate the impact of proposed regu- tions of Senator SMITH, which took a bill with its $100 million threshold. S. lations on small businesses and other different view but, nonetheless, were 343, which is before us now, would small entities such as local govern- related to the subject matter, were lower the threshold to an unreasonable ments. The act was also intended to en- constructive as well. $50 million. This amendment that we sure that agencies consider less bur- The country will be addressing this are considering now by the Senators densome and more flexible alternatives issue in the next several days or weeks. from Georgia would have the potential for these small entities. I think our Members would be wise to of adding somewhere between 500 to the I have supported the reg flex act from review their comments because they current rate, or up to as many as 800 its inception when passed here a num- are individuals who have spent a great more rules to that list. That just over- ber of years ago. But the legislation be- deal of time on this issue and, obvi- loads the circuits. fore us and the amendment we are con- ously, have given it a great deal of To make the point even further, one sidering now would fundamentally thought. The fact that they come from estimate before our committee by one change the Regulatory Flexibility Act different vantage points in terms of of the people testifying earlier this by making its considerations the con- many other different issues, both in do- year was that each full-blown rule in- trolling factor, the controlling mestic and foreign policy, and still are vestigation costs somewhere around decisional criteria, for the very pro- as persuasive on this matter, I think $700,000. If you take the 500 to 800 po- mulgation of a rule. I do not think that really reflects some very, very con- tential on this, that means we would be is the way we ought to be going. We structive and positive thinking. spending on investigations somewhere should ensure that the Federal Govern- f between $350 million for the 500 inves- ment is more sensitive to the needs of tigations, up to a potential of $560 mil- small business. I certainly agree with COMPREHENSIVE REGULATORY lion for the 800 investigations. that. That is why the Glenn-Chafee REFORM ACT Let us say that is a pessimistic view bill, S. 1001, provides for judicial review The Senate continued with the con- of how much it costs, that $700,000. of final reg flex decisions, and the sideration of the bill. Even if you cut it in half, it means it whole process can be challenged at that one time. It does not permit judicial AMENDMENT NO. 1491 is somewhere around $175 million up to, challenge at each step along the way, Mr. GLENN. Mr. President, the pend- say, $270 or $280 million to do this in- which means multiple judicial review, ing legislation before us is an amend- creased number of investigations. So I and additional ways of stalling what ment by the Senator from Georgia, is say that agencies are going to be very may be very good legislation. that correct? hard pressed with these budget cuts to The PRESIDING OFFICER. The Sen- make it. Now, both bills also do provide— ator is correct. The second major problem with the whether it is S. 343 or S. 1001, they both Mr. GLENN. I particularly dislike amendment is the way it expands reg provide for congressional veto. In other having to oppose my good friend from flex judicial review. The Glenn-Chafee words, a rule or regulation being put out by an agency can be challenged and Georgia, Senator NUNN. We worked to- bill is basically the bill brought out of gether in the Governmental Affairs committee earlier and is designated as brought back to the Congress and lay Committee on our bipartisan regu- S. 1001. As opposed to S. 1001, this here under one bill for 60 days or 45 latory reform bill. We both supported amendment would allow judicial re- days for challenge here on the floor. the bill. I certainly have the very high- view of final rule reg flex analysis. As That applies to small business provi- est regard for him. He has always been opposed to that, this amendment per- sions or any other provision. a tireless champion of the interests of mits judicial review of proposed rule So it seems to me that we have pro- small business men and women in our reg flex decisions. vided adequate protection, quite apart country, and I certainly applaud him Now, this expands enormously the from the amendment as proposed by for that effort. number of judicial challenges that can the Senators from Georgia. But I believe that while this amend- be made, and it further overturns a I yield the floor. ment is very well-intentioned, I think principle that has been long held that Mr. President, I suggest the absence there are two serious problems. I do court review should wait until an agen- of a quorum. not believe the amendment should be cy makes its final rulemaking decision The PRESIDING OFFICER. The accepted. First, it revises the Regu- and then challenge the whole process, clerk will call the roll. latory Flexibility Act in a number of whatever it is, and not permit judicial The bill clerk proceeded to call the ways that I think do not fit with work- review challenges all along the way, roll. able regulatory reform. which means that the persistent chal- Mr. ROTH. Mr. President, I ask unan- First, the amendment would require lenger can keep something bogged imous consent that the order for the cost-benefit analysis of all reg flex down in court for years and years. It quorum call be rescinded. rules. That is, rules that have a signifi- can literally bog down the whole proc- The PRESIDING OFFICER. Without cant economic impact on a substantial ess, this number of new rulemaking objection, it is so ordered. number of small entities. This would be procedures that would have to be re- Mr. ROTH. Mr. President, I want to small businesses, local governments, viewed. take a moment to talk about the small and the like. Including these rules in So allowing judicial review of pre- business amendment to S. 343 offered the cost-benefit analysis process would liminary decisions about whether a by Senator NUNN and Senator increase the number of rules that have rule is even subject to reg flex, which COVERDELL. to go through that analysis by over 500 this would do, will bog down agencies This amendment would, of course, rules. That is not a figure grabbed out and use more tax dollars unnecessarily modify the definition of ‘‘major rule’’ of thin air; that is the administration’s and be a full employment bill for law- to include rules that have a significant estimate. It is based on actual Federal yers, basically. I do not think that impact on small business and small Register entries over the last year. should be the objective of this legisla- governments as provided in the Regu- Now, OMB has estimated that if this tion. latory Flexibility Act. passed this way, there could possibly Mr. President, further, I must admit This would have the effect of requir- be as many as 600 to 800 rules and regu- that I do not understand exactly how ing all reg-flex rules to be subject to lations that would fall under this pro- this whole thing would work. It would cost benefit analysis and the decisional vision. That would raise the number of increase the complexity, as I see it, and criteria, as well as to be subject to the investigations and rulemaking proce- it would create more judicial review, to petition process for reviewing rules. dures to something like three times be added to our expense in a substan- Mr. President, as I have said before, I our present number. tial way. am deeply concerned about the impact July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9629 of the regulatory burden on small busi- regulators. That is where our concern quires virtually all that is necessary ness. Indeed, that is exactly why I sup- is properly fixed—helping small busi- already. If we spent the money to do port the amendment offered by Senator nesses to generate new companies, new all this work, why not have the fun- ABRAHAM earlier today. jobs, and expand. damental question before the country The Nunn amendment in its present Now, I would just like to take a mo- and the American people: What is the form does raise some serious problems. ment, Mr. President, and review what cost going to be? I had hoped we could use an approach is already required under the act which The average small businessman for this amendment similar to the Congress has already passed, the Regu- today is spending $5,500 per employee; Abraham amendment. So far, we have latory Flexibility Act of 1980. We have the average American family is spend- not been able to reach that agreement. had any number of statements here as- ing $6,000 a year because of the surge of While I believe strongly in the need serting that we all support that. regulation. We ought to know what the for regulatory reform, it must be re- Whenever an agency is required to impact of these regulations would be. form that is workable. I fear that, as publish a notice of proposed rule- Last, Mr. President, the point I drafted, this amendment could place making for any proposed rule, the would like to make is that we ought to too heavy a burden on the agencies, agency shall prepare and make avail- be in the business of being more con- which are already pressed by the many able for public comment an initial reg- cerned about the small business person other provisions of S. 343. ulatory flexibility analysis. who has such limited resources and This amendment does not distinguish What does that include? Each initial their ability to deal with one regula- clearly between costly rules which de- regulatory flexibility analysis required tion after another after another than serve detailed analysis, and smaller under this act shall contain a descrip- with worrying about what the regu- rules which should not be subject to tion of the reasons why action by the latory overload will be on the people time-consuming and expensive analy- agencies is being considered; a succinct who are making all these regulatory sis. statement of the objectives of and legal reviews. I hope that we can work together to basis for the proposed rules; a descrip- Mr. President, maybe a side effect address the concerns about the work- tion of, and where feasible, an esti- would be that the agency will be more ability of this amendment, concerns mate, of the number of small entities careful in determining whether or not shared by many of my colleagues. I to which the proposed rule will apply; a it needs to propose a new regulation. would welcome the opportunity to use description of the projected recording, That is another way we could affect some of the good ideas in the Abraham recordkeeping, and other compliance what the ultimate cost is of the review amendment, such as giving OIRA requirements of the proposed rule, in- of the regulation. They might start greater responsibility in selecting rules cluding an estimate of the classes of thinking, for a change, do we need it? small entities which will be subject to for analysis, or to pursue other sugges- And my guess is that this amendment, the requirement and the type of profes- in fact the overall underpinnings of the tions offered by my colleagues. I yield the floor. I suggest the ab- sional skills necessary for preparation bill itself, will suggest that the Gov- of the report or record; an identifica- sence of a quorum. ernment needs to be a little more The PRESIDING OFFICER. The tion to the extent practicable of all rel- thoughtful about imposing yet another clerk will call the roll. evant Federal rules which may dupli- requirement, another burden, and an- The legislative clerk proceeded to cate, overlap, or conflict with the pro- other form on that little company of call the roll. posed rule. two or three people, all over America, Each initial regulatory flexibility Mr. COVERDELL. Mr. President, I who have so little ability to respond or analysis shall also contain a descrip- ask unanimous consent that the order know, even, what the new regs require. tion of any significant alternatives to Mr. President, I yield the floor. for the quorum call be rescinded. the proposed rule which accomplish the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without stated objectives of political statutes ator from Michigan. objection, it is so ordered. and which minimize any significant Mr. LEVIN. Mr. President, we all Mr. COVERDELL. Mr. President, economic impact of the proposed rule want and hope and believe in a signifi- there has been an assertion that this on small entities. cant and a meaningful regulatory re- would unleash a flood of regulatory It goes on. Mr. President, that is form. No one wants rules that do not burden on the agencies. I want to make what the Regulatory Flexibility Act make sense or are not cost effective. the point again that quite the reverse required in 1980. I do not know how to No one wants, or should want, regu- would be the case. There has been a do this without having a cost estimate. latory requirements that exceed real regulatory flood on the small busi- All we are saying in the amendment is needs. We want Government to be nesses of America. that it should include a financial im- smart, efficient, reasonable and prac- As I said in my opening statement, if pact on small business—a financial im- tical. I want to pick where I want that bur- pact on small business. And that there There are plenty of regulatory horror den to be, it ought to be on the Govern- is an enforcement proceeding to ensure stories, some of which are accurate, ment side, and not on the backs of all that is done—the judicial review. some of which are not. There is more these small companies with 4 or less I would be hard pressed, Mr. Presi- than enough evidence, though, for us to employees, or 50 or less employees, dent, having fulfilled the act that al- be convinced of the fact that the regu- which is almost all the companies in ready has been in effect for 14 years, I latory process needs fixing. It has need- America except for 6 percent. do not know how to do this as a former ed fixing for some period of time. Last year, 116 rules were swept up by businessman and not understand eco- We have been in the process of re- the net of the Regulatory Flexibility nomic consequences. forming it for years. Back in the late Act, the act that is already in place. In other words, the argument I am 1970’s, when the Governmental Affairs Now, this idea that we would have making, Mr. President, is that the Committee conducted a lengthy set of 800, I think, is an unfounded assertion. work is virtually done under the exist- hearings and issued a multivolume re- If this had been in effect last year, it ing law. We are simply saying, Mr. port on the regulatory process, the would have swept up 116, just as it did President, that the Government is findings in those hearings led directly last year. Because there is a judicial going to have to do and certify what we to the Senate passage, in 1981, of Sen- review, there could be changes that all intended all of small business to ate bill 1080, the number was at that would add some. I think it is most dif- think we were doing when we passed time, by a unanimous vote, 94 to noth- ficult to assert that we will have 500 or this act. ing. 1,000 new rules that would require ac- Several points, Mr. President. First, I S. 1080 looked similar in many ways tion under this amendment. think the assertion of the increased to the legislation which we are consid- Assuming, again, that there is more burden is without sufficient evidence. ering this week. It had many of the burden, it ought to be on the back of The evidence we have would suggest a same elements, including cost-benefit the Government and not on the back of modest increase. analysis of major rules, a procedure for the small business. We should be trying Second, Mr. President, the act that is reviewing existing rules, legislative re- to protect the small businesses, not the already required of the agencies re- view, and Presidential oversight. S 9630 CONGRESSIONAL RECORD — SENATE July 10, 1995 S. 1080 did not make it into law be- that, to the extent the President exer- entity and, therefore, it does not re- cause the coalition supporting it did cises his oversight authority over the quire regulatory flexibility analysis. not hold together once the bill got to rulemaking process, that authority One of the problems with having that the House. It was tough reform, and if must be conducted in the public eye interlocutory appeal is that it then it had been in place for the last 15 and with public accountability. opens up the court process to two ap- years we would not be here today with It is a very important part of the peals on the same rule. You have a rule the legislation before us. We would un- Glenn-Chafee bill that we have some up front to a court for an interlocutory doubtedly have had a lot fewer horror sunshine on the rulemaking process appeal if an agency does not do a regu- stories and a lot more thoughtful regu- right up to and including the office of latory flexibility analysis. That then lation over the past decade and a half. the President and the OMB. It took us can go to the court of appeals. That So we are here to try again, and I am years to get to that point. President then can be appealed to the court of ap- all for it. We spent several months in Bush promulgated an Executive order— peals. That then can be appealed to the the Governmental Affairs Committee President Clinton has promulgated a Supreme Court just on the question of earlier this year considering a bill in- similar Executive order—that called whether or not the agency erred in fail- troduced by Senators ROTH and GLENN for sunshine when rules are kicked up- ing to do a regulatory flexibility analy- which, with a few amendments, we re- stairs to the White House for their con- sis. But that does not end it because ported to the full Senate for its consid- sideration before final promulgation. there is still an appeal at the end on eration. Many of us think it is a solid This bill, this alternative which is the subject of regulatory flexibility bill. It was passed by a unanimous, bi- called Glenn-Chafee, in a very signifi- analysis. This time, however, on the partisan vote of 15 to nothing. It has cant step incorporates, or would incor- question of whether or not, assuming cost-benefit analysis, risk assessment, porate into law, the basic elements of the regulatory flexibility analysis was legislative review, and a procedure for the Executive orders of Presidents done, it was done correctly. the review of existing rules. It is tough Bush and Clinton. So the amendment before us has real- but balanced. It is a bill that makes The Glenn-Chafee bill is balanced be- ly two problems. One is that it will sig- sense. cause it does not subject all rules to nificantly increase the load on courts The bill is tough, the Governmental congressional review, just the major and the delays in the regulatory proc- Affairs bill, which is basically now the rules. It is balanced because it uses in- ess. It does it unnecessarily because in Glenn-Chafee bill. It is tough because formation as a tool for assessing agen- the bill itself there is judicial review of it would require by law that every cy performance and makes that infor- a decision by an agency not to conduct major rule be subject to a cost-benefit mation available to everyone to judge a regulatory flexibility analysis. But it analysis. It would require that each and to challenge. It is practical be- is done at the correct time, which is at agency assess whether the benefits of cause it does not overwhelm the rule- the end of the process, and it is done at the rule that it is proposing or promul- making process by requiring cost-bene- a time when both aspects of regulatory gating justify the costs of implement- fit analysis and risk assessment for flexibility can be decided by a court at ing it. It requires that agencies select less than major rules. It is balanced be- the same time: One, if there was a fail- the most cost effective rules among the cause, while requiring an analysis and ure on the part of the agency to con- various alternatives. certification by the agency as to duct the regulatory flexibility analy- These two elements are key controls whether the benefits of the rule justify sis, was that failure error; and, second, to rational rulemaking. The Govern- the costs, it does not override the un- if there was a regulatory flexibility mental Affairs approach, now embodied derlying statutory scheme upon which analysis, whether or not the analysis in Glenn-Chafee, is tough because, by a rule is based. was correctly done. That is the more statute, it resolves once and for all the I believe the amendment before us, to practical way to do it. That is the way role of the President in overseeing the address the specific amendment on the to avoid both swamping courts in judi- regulatory process. The bill gives the floor, goes too far. It would provide for cial review prematurely, and that is President the authority to oversee the the interlocutory judicial review at an the way if we can avoid having two ju- cost-benefit analysis and the risk as- early stage in a proceeding in a way dicial reviews in effect of regulatory sessment requirements, and recognizes which could swamp both the regulatory flexibility analysis relative to the the unique contribution that a Presi- process and the courts. What we are same rule. dent, above all of the agencies, can trying to do is reform this system and The amendment also is going to cre- make to rational rulemaking. It also not swamp it and not make it worse. ate a problem in that it is going to gives Congress the right and the prac- We all, again—hopefully all of us— probably double the number of rules. tical capability to stop a rule before it want to reform this system, the cost- We can debate how many more rules takes effect. benefit analysis, with the kind of risk there are going to be subject to this The Glenn-Chafee approach is tough assessment which is essentially in both elaborate cost-benefit analysis require- because it allows for judicial review of bills. ment if we adopt this amendment. But an agency’s determination as to wheth- But what we must avoid doing is the best estimate that we can make is er or not a rule meets the $100 million swamping either the regulatory system that it would at least double the num- economic impact test and because a so that it becomes totally unworkable, ber of rules that will be subject to that rule can be remanded to an agency for or delaying it through interlocutory cost-benefit analysis. It is costly. It is the failure of the agency to do the cost- court proceedings, which will, in effect, something which delays the process. It benefit analysis or risk assessment. It make the regulatory system unwork- is obviously necessary when it comes is tough because it requires existing able. to major recalls. I think all of us agree major rules to be subject to repeal I do not think any of us want that. on that. Both bills contain that. The should the agency fail to review them We want a system which is question is whether or not, given the in 10 years, according to the schedule commonsensical and does not impose downsizing of Government, we can ef- and the requirements of the legisla- costs and burdens on this society where fectively then load onto agencies these tion. the benefits are inadequate. But surely kinds of burdens to increase so dra- The bill was reported out of Govern- there is a role for rules. There is a role matically the requirement relative to mental Affairs, as I mentioned, by a for the rollback of rules, for the review cost-benefit analysis. unanimous bipartisan vote. It is a bal- of existing rules, and we have to make So for both those reasons, I hope that anced bill, and this is the balanced half sure, both in terms of new rules and re- we would either defeat or modify the of it. It is balanced because it recog- view of existing rules, that we have a amendment before us because to put it nizes that many benefits are not quan- process which can function in a prac- in the middle of the rulemaking, to put tifiable and that decisions about bene- tical way. this interlocutory review in the middle fits and costs are, by necessity, not an The amendment before us would add of the rulemaking process, will use the exact science but require, often, the ex- this interlocutory appeal from an agen- court systems unnecessarily. It will ercise of judgment. It is a balanced al- cy determination that a rule will not use them prematurely. And it will end ternative because it would require have a significant impact on a small up overloading both systems. That July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9631 would be harmful for people who are I think, is slightly different from the end of the rulemaking process, either participants in the regulatory process, double appeal point which has been one would be allowed? whether they are favoring a regulation made previously, which is that the in- Mr. JOHNSTON. No; the question of or opposing it. terlocutory appeal that is provided whether this is a rule which has a sub- Again, I emphasize, this can work here goes to the question of whether or stantial, significant effect on a sub- both ways. There are many businesses not there should be a regulatory flexi- stantial number of small businesses, that want to review existing rules. We bility analysis, and that presumably which is the trigger for the reg-flex, it want the reviews to go in a practical there still would be an appeal at end of is the intent here—and this language and a smooth way, too. There are many the process on the question of how that has not been drawn—it is the intent businesses which need new rules. For analysis had been conducted, assuming here that that test be only once. instance, the bottled water business one is ordered. So that is still a double Mr. LEVIN. And that it must be has been waiting for a rule for years to appeal. made on interlocutory appeal? try to put some restrictions on the rep- Mr. JOHNSTON. The question is an Mr. JOHNSTON. That is correct. resentations of the type of water that appropriate one. The first appeal in the That is the intent. It is a little difficult is being sold as bottled water, as spring interlocutory appeal process would be to give precise answers since the actual water, for instance. It is the business on the question of major rules, whether language has not been drawn. That is which is waiting for the rule. It is the it meets the $50 million threshold, the intent. But as to the quality of business which is trying to stop the whether it is a matter that involves that, you can test that only later after false representations relative to bot- the environment, health, and safety, or the reg-flex attempt. tled water. whether it has a significant impact on Mr. LEVIN. I thank my friend from So this is not always the kind of out- a substantial number of small busi- Louisiana for his answers, and I then side groups versus business. This is fre- nesses and, therefore, requires the reg- would withhold any further comment quently business that needs rules to be ulatory flexibility. That appeal would until after we see the language on it. I changed or added or amended. We have be taken within 60 days and putting the wonder if the Senator will yield for one to make sure that this rulemaking notice in the Federal Register. The additional question. process works in a practical and a func- idea here is that you foreclose further Mr. JOHNSTON. Surely. tional way. appeals after that 60 days. Now there is Mr. LEVIN. Is the intent that the So, for that reason, I hope that the in addition to that in the present rulemaking process be stayed during pending amendment will be defeated or Nunn-Coverdell amendment a more the interlocutory appeal on reg-flex? modified. limited petition for review which al- Mr. JOHNSTON. No, not at all. That I yield the floor. lows you to get into the quality of the is the whole idea. Mr. JOHNSTON addressed the Chair. regulatory flexibility analysis. Mr. LEVIN. Is that clear in the lan- The PRESIDING OFFICER. The Sen- What we are saying is if it is subject guage of the amendment? ator from Louisiana. to an appeal under section 706 of the Mr. JOHNSTON. We believe so, but if Mr. JOHNSTON. Mr. President, the Administrative Procedure Act, or it needs to be further clarified, it can Senator from Michigan referred to the under section 625 of this act, then the be. The idea here is that you want to interlocutory appeal, and, in fact, the quality of that regulatory flexibility have this determination made early Nunn-Coverdell amendment has been analysis insofar as it relates to the enough in the process so that you can criticized because it allows two ap- question of whether the final agency remedy the defects in the rule while peals, both an interlocutory appeal to action was arbitrary, capricious or an the rule is still going on and not have be taken within 60 days of the notice of abuse of discretion, they would have in to wait until it is all over with, be- the proposed rulemaking and a later that appeal the right to test the regu- cause some of these rules take 2 or 3 appeal. latory flexibility analysis at that years. And if you do not find out until, Mr. President, I have just been dis- point. say, your final appeal is 6 or 9 months cussing with the Senator from Georgia For those which were not subject to after the final rule, then you have to a modification of that amendment to that, they would have the ability to ap- stay the rule and go back and do it all make sure that the final appeal relates peal in any court in the Nation that over again. only to those classes of appeals which has jurisdiction and to ask for what Mr. LEVIN. Of course, that is what would not otherwise be subject to ap- would be an order to go back and do judicial review is all about. There is peal under section 706 of the Adminis- the reg-flex analysis. presumably an incentive to do the trative Procedure Act or under section Mr. LEVIN. Is that at the end of the process right. That is why there is judi- 625 of this act, which are, in effect, process? Is there an appeal open at the cial review at the end. And you do not final agency actions, so that both the end of the process to order a reg-flex wipe out judicial review at the end in appeal and the remedy, the final appeal analysis if there were no interlocutory any event. You still allow judicial re- under this bill, would be a very limited appeal that had been asked? view in many ways, so it is not as and narrow one. But I will describe Mr. JOHNSTON. Yes. though you are doing a whole bunch of that amendment when it comes up. Mr. LEVIN. So you have a choice as things up front and thereby precluding Mr. LEVIN. I wonder if the Senator to whether to take an interlocutory ap- the review at the end. will yield just on that point for a ques- peal on that issue or to make that part Mr. JOHNSTON. No, but you would tion. of the final appeal; is that correct? preclude a review, for example, on Mr. JOHNSTON. Yes. Mr. JOHNSTON. You have a choice. whether this is a major rule, whether it Mr. LEVIN. Is the amendment going If you wait until the final appeal, it has $50 million, if that is the trigger, or to be modified so as to prevent an ap- would be a more limited choice because $100 million, which I hope we can get peal on how a regulatory flexibility the only remedy provided there is for an amendment in to make it $100 mil- analysis has been conducted if there the court, in effect, to order the reg- lion. That question would be reviewed, were an interlocutory appeal on the flex analysis, and if that then would would be finally reviewed on the inter- question of whether a regulatory flexi- call for a modification in the rule, then locutory basis. bility analysis should be done? Will the the rule would then be modified, but Does the Senator understand what I modified amendment be precluding an there would be, for example, no stay of am saying? appeal on how that regulatory flexibil- the rule because of the inadequacies of Mr. LEVIN. Is it the intent of the ity analysis has been conducted at the the reg-flex. sponsors of this bill, and the Senator end of the rulemaking process? Because Mr. LEVIN. It was my question—I am indicates the sponsors of this amend- that would be taking away from small unclear—is it the intent of the modi- ment, to preclude judicial review at business something that it now has, for fied amendment that there could be ei- the end of anything which can be instance, with small units of govern- ther an interlocutory appeal on the raised by interlocutory appeal at the ment. I do not know if that is the in- question of whether or not a reg-flex beginning? tent. I think it should be clear. But the analysis has to be made or that issue Mr. JOHNSTON. Will the Senator double appeal point that I was making, could be raised for the first time at the reask the question. S 9632 CONGRESSIONAL RECORD — SENATE July 10, 1995 Mr. LEVIN. Is it the intention of the The concern with the Nunn amend- motive for job creation, Congress has sponsor of the bill pending here, of the ment, even as amended, when amended, to lift the regulatory burden from Dole-Johnston bill, and is it the Sen- is that it is likely to cause an agency small family businesses. ator’s understanding that it is the in- overload or much more than the agen- The Nunn-Coverdell amendment will tention of the makers of this amend- cies are able to do. accomplish this through several mech- ment, that the interlocutory appeal The amount of personnel that the anisms. First, the definition of ‘‘major which is provided is the exclusive rem- agencies have, the amount of moneys rule.’’ S. 343 is amended to include edy to raise the issues that can be that the agencies have in order to per- rules that have a significant economic raised by interlocutory appeal and that form these risk assessments is, of impact on a substantial number of if anyone fails to raise an issue, which course, limited. Now, how many addi- small businesses, virtually the same could be raised by interlocutory ap- tional rules would this require the definition that triggers the reg flex peal, by interlocutory appeal, it cannot agencies to do? We do not know. OMB act. The determination of a rule as a then be raised at the end of the rule- tells us that it could be hundreds of ad- major rule subjects the rule to S. 343’s making process? ditional rules that would be caught cost-benefit analysis. This will assure Mr. JOHNSTON. That is correct. And under this definition. It could have the that rules affecting small businesses I hope our language will properly re- effect of doubling, tripling, or even a will be cost-effective and less burden- flect that. fivefold increase in the amount of work some. Mr. President, let me be a little more that they have to do. This designation of rules having a clear if not only for the purpose of this I hope, Mr. President, that if this substantial impact on small businesses small business amendment, the reg-flex amendment is adopted and becomes as a major rule subject to cost-benefit amendment, but also for the purpose of part of this law that that is not the re- analysis is necessary to close a loop- the whole bill. The reason for having sult. However, I think that it is going hole in this bill. The $50 million thresh- the interlocutory appeal is that the to require continued analysis as this old amount for a major rule may be too question can be put at rest early in the matter moves along. It is not my pur- high for many small businesses. For in- process. pose, frankly, to vote for this amend- stance, a regulatory impact of less If, for example, an agency determines ment, although we are not making, or than that amount may have a dev- that the rule is likely to have an im- at least I am not making, a major chal- astating effect on a small business or a pact of less than $50 million a year, lenge to this amendment, given the as- sector of the economy that may not then it would not be a major rule, surances of the Senators from Georgia yet represent a significant burden on a would not require the cost-benefit that we will be able to continue to Fortune 500 company. The Nunn- analysis, or the risk assessment. They work on it to avoid the question of Coverdell amendment would resolve would make that determination early agency overload. this problem by requiring that all rules on, file that in the record, and any However, until we have dealt with a that have a significant impact on small party, any interested party, would then more assuring way with this question businesses be classified as a major rule have 60 days from the time of that de- of agency overload, I will not be able to under S. 343. termination to make this interlocutory vote for this amendment. A legitimate question is just how appeal on the question of whether it Mr. HATCH addressed the Chair. many regulations does this amendment was a major rule because of the The PRESIDING OFFICER. The Sen- encompass? How many new major rules amount of dollars, whether it was a ator from Utah. will be subject to cost-benefit analysis rule that affects health, safety, the en- Mr. HATCH. Mr. President, I believe under S. 343? In other words, what is vironment, which in turn requires the this amendment to S. 343 is of para- the impact of this amendment to Fed- risk assessment, or in this case wheth- mount importance. S. 343, as written eral agencies’ resources and personnel? er it has a significant effect upon a now, will unquestionably benefit small And the answer is, not that much. The substantial number of small busi- businesses by requiring Federal bu- reg flex act requires that regulatory nesses. reaucrats to only promulgate regula- burdens be reduced for those regula- The idea is that if that appeal is not tions that are cost-effective and based tions that have a ‘‘significant impact made within 60 days, that you are fore- on good science. But adoption of the on a substantial number of small enti- closed from raising that later on in the Nunn-Coverdell amendment will guar- ties.’’ process. antee that small businesses, which rep- Small entities include small busi- Keep in mind that if an appeal is resent the vast majority of employers nesses as well as both small govern- made within the 60 days on the basis and employees in this Nation, thus en- ments and charities, entities that that they failed to make it into a compassing most Americans, will fur- shoulder a disproportionate share of major rule, that the agency itself could ther benefit from regulatory reform by the cost of regulation. Last year under make a determination, could in effect assuring that all regulations that are the reg flex act just 127 regulations moot the appeal by going back and currently subject to the Regulatory qualified for that act’s special treat- doing the cost-benefit analysis and the Flexibility Act of 1980, termed the ‘‘reg ment. The Nunn-Coverdell amendment, risk assessment. flex act,’’ will also be subject to S. 343’s as I understand it, would encompass What we find under the present law cost-benefit analysis provision and only that part of the 127 regulations in areas like NEPA, National Environ- periodic congressional review. that affect small business and even 127 mental Policy Act, agencies tend to err Small businesses create most of the is not a great or burdensome amount. on the side of conservative in doing an jobs in America. This is demonstrated The other mechanisms of this amend- environmental impact statement, by the fact that from 1980 to 1990, small ment that assure protection of small which is much more involved than the businesses with fewer than 20 employ- businesses involve modifications of the environmental impact assessment. ees created 4.1 million net new jobs. reg flex act. The most important estab- They will do the statement rather than Compare that with big business. Large lishes a requirement for agencies to the assessment many times because businesses with more than 500 employ- conduct a cost-benefit analysis before they do not want all their work to be ees lost over 500,000 net jobs over the rules are promulgated under the reg thrown out X years later at the end of same time period. flex act. Furthermore, the determina- the process. According to the Small Business Ad- tion by an agency that a rule will not The result is that it frequently re- ministration, small business bears a have a significant impact on small quires tremendous amounts of addi- disproportionate share of regulatory businesses is made judicially review- tional expense in doing that which the burdens. In fact, SBA, the Small Busi- able. I believe that these changes will law would not otherwise require. And ness Administration, estimates that buttress our economy by reducing the the reason for the interlocutory appeal the burden of regulations on small burdens imposed on our small busi- is to be able to get that question deter- business is three times greater than nesses by regulations. mined up front and early so that the that for large businesses. It is clear So I urge my colleagues to support results of the whole system will not be that to assure small businesses will the Nunn-Coverdell amendment. I thrown out. continue to act as America’s loco- think it is a good amendment. I think July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9633 it helps the bill. I think it closes a argument that there should have been since we have not had a chance to look loophole. I think it protects small busi- a regulatory flexibility analysis and at the modification. nesses. I think that it makes the regu- that failure to do so was an error which Mr. GLENN. Mr. President, I know latory forces in this country be more requires the rule to be remanded and to this has been the subject of debate on responsible and, above all, it amounts be done right. the floor—not publicly but among dif- to common sense. To me, that is what I yield the floor. ferent Members. I wonder if we can this bill is all about—common sense. I Mr. President, I suggest the absence have a brief explanation. We only have think it would be well for us to support of a quorum. a few minutes before the vote. this amendment. The PRESIDING OFFICER. The Mr. LEVIN. Mr. President, it is my I yield the floor. clerk will call the roll. intention to ask the senior Senator Mr. LEVIN addressed the Chair. The bill clerk proceeded to call the from Georgia this question. Is it the in- The PRESIDING OFFICER (Mr. roll. tent of the modification to make it GRAMS). The Senator from Michigan. Mr. NUNN. Mr. President, I ask clear that there is only one appeal that Mr. LEVIN. Mr. President, the Sen- unanimous consent that the order for is permitted on the issues which can be ator from Louisiana and I previously the quorum call be rescinded. raised by interlocutory appeal and that had a colloquy, and I very much wel- The PRESIDING OFFICER. Without one appeal is the interlocutory appeal? come the language that he is going to objection, it is so ordered. Is that, as previously stated by the Senator from Louisiana, the purpose be preparing to clarify a critical point, AMENDMENT NO. 1491, AS MODIFIED and effect of the modification sent to but it seems to me that the more that Mr. NUNN. Mr. President, I send a the desk? point is clarified, the less of a favor we modification to the desk. are doing for small business in this Mr. NUNN. If I could say to my The PRESIDING OFFICER. The Sen- friend, there are two parts of this amendment. Let me explain why. ator has that right. In talking with the Senator from modification. One is to make it clear The amendment is so modified. Louisiana, and just talking with the that risk assessment is not required The amendment, as modified, is as senior Senator from Georgia, it is quite under this amendment, only cost-bene- follows: clear that the intent of this amend- fit analysis. We talked about that ear- ment is that an issue which can be On page 14, line 10, strike out ‘‘or’’. lier this afternoon. There was an omis- On page 14, line 16, add ‘‘or’’ after the semi- raised on an interlocutory appeal must sion from the draft. colon. The modification relates to judicial be raised at that time or else it is pre- On page 14, insert between lines 16 and 17 cluded from being raised at the end of the following new subparagraph: review. You made the point that small the rulemaking process. ‘‘(C) any rule or set of closely related rules, businesses might need two bites at the The problem with that is that an not determined to be a major rule pursuant apple. The way the amendment reads, awful lot is learned about the impacts to subparagraph (A) or (B), that the agency there would be two bites at the apple. of rules during the comment period. proposing the rule determines will have a We intend to change that at a later That is one of the reasons for the com- significant economic impact on a substantial point during the debate on this bill. ment period. To preclude a small busi- number of small businesses, pursuant to sub- Mr. LEVIN. Is it the intent to modify chapter I shall be deemed to be a major rule it so there is only one bite at the ness from taking advantage of what is for the purposes of subchapter II; learned during the comment period so apple? On page 39, line 22, strike out ‘‘and’’. Mr. NUNN. This whole issue of judi- it can argue on an appeal at the end of On page 39, line 24, strike out the period the rulemaking process that this rule and insert in lieu thereof a semicolon and cial review will require more work. As has a significant impact on small busi- ‘‘and’’. the Senator knows, it is complicated, ness or on small units of local govern- On page 39, add after line 24 the following and for me, is not fixed at this point. ment, it seems to me, is doing a disfa- new subparagraph: We are going to have to work on it vor, a disservice to these smaller units. ‘‘(C) an agency certification that a rule more. will not have a significant economic impact So while that clarification I think is Mr. LEVIN. Is it the intent later on on a substantial number of small entities to require or to provide only one bite important in terms of congressional in- pursuant to section 605(b). tent and it is important in order to at the apple later on? On page 40, line 5, insert ‘‘and section 611’’ Mr. NUNN. That is my present in- avoid two appeals on the same subject, after ‘‘subsection’’. tent. I am always persuaded by my the better road to go here is to have On page 68, strike out all beginning with the appeal at the end of the process, as line 9 through line 11 and insert in lieu friend’s arguments, so we may have to it is in the way the bill is written now, thereof the following: think more on that. Mr. LEVIN. Is it the intent that that where you can use the comment period ‘‘(A) include in the final regulatory flexi- bility analysis a determination, with the ac- one bite be the interlocutory appeal? Is to gain evidence as to why a regulatory companying factual findings supporting such that the present intent? flexibility analysis is essential. To pre- determination, of why the criteria in para- Mr. NUNN. I would like to work with clude a small unit, be it business or graph (2) were not satisfied; and the Senators on that. small unit of government, from taking On page 72, insert between lines 14 and 15 Mr. GLENN. Would the Senator con- advantage of that comment period to the following new subsection: sider, rather than having a vote now, make a case as to why a regulatory (e) AMENDMENTS TO THE REGULATORY waiting until it is modified and wait FLEXIBILITY ACT.— flexibility analysis is necessary, it until later? seems to me, is not the way we should (1) TECHNICAL AND CLARIFYING AMEND- MENTS.—Section 612 of title 5, United States Mr. NUNN. I believe we ought to go be going in terms of trying to help both Code, is amended— ahead and vote. This judicial review small businesses and small units of (A) in subsection (a) by striking ‘‘the Com- issue has to be addressed on the overall government. mittees on the Judiciary of the Senate and bill. So we are going to have to work So while I think the clarification is the House of Representatives, the Select on this issue more, within the overall important, again, so we all understand Committee on Small Business of the Senate, bill. I would like to vote on this what the intent is and while it is im- and the Committee on Small Business of the amendment. portant in order to avoid two appeals House of Representatives’’ and inserting Mr. LEVIN. I am wondering if the ‘‘the Committees on the Judiciary and Small on the same subject, the conclusion first part of the amendment could be that is reached has the appeal at the Business of the Senate and House of Rep- resentatives’’; and voted on. wrong point. The appeal should be (B) in subsection (b) by striking ‘‘his views Mr. NUNN. There is no way to divide there. It is new. It is important to with respect to the effect of the rule on it at this point. small business that there be an appeal small entities’’ and inserting ‘‘views on the Mr. LEVIN. It is a rather unusual on this issue and the small units of rule and its effects on small entities’’. thing we are doing. We are adopting an government. But the right place for On page 72, line 15, strike out ‘‘(e)’’ and in- amendment which we are saying later that appeal to come is at the end of sert in lieu thereof ‘‘(f)’’. on we know needs to be modified, and this process where they can then use Mr. LEVIN. Mr. President, I wonder it is the intent of the makers to modify the record which has been gained dur- if I could ask the sponsors of the it. I would think it would be better to ing the comment period to make the amendment the following question, modify it before we vote. S 9634 CONGRESSIONAL RECORD — SENATE July 10, 1995 Mr. GLENN. Or you are going to get [Rollcall Vote No. 297 Leg.] Dole Hatfield Nickles Domenici Heflin Nunn people locked in on this vote. YEAS—96 Dorgan Helms Packwood Mr. NUNN. I do not think this is Abraham Feingold Lugar Exon Hollings Pressler going to be the issue on which people Akaka Feinstein Mack Faircloth Hutchison Robb Ashcroft Ford McCain Feingold Kassebaum Rockefeller are voting. I hope I am not the first Baucus Frist McConnell Feinstein Kempthorne Santorum Senator to say on the floor that an Bennett Glenn Mikulski Frist Kerrey Shelby amendment is not perfect. It will re- Biden Gorton Moseley-Braun Gorton Kyl Simpson quire further work. This will require Bingaman Graham Moynihan Graham Lott Snowe Boxer Gramm Murkowski Gramm Lugar Specter further work on that limited point. Bradley Grams Murray Grams Mack Thomas This is not the central point of the Breaux Grassley Nickles Grassley McCain Thompson amendment. The central point is to Brown Gregg Nunn Gregg McConnell Thurmond Bryan Harkin Packwood Hatch Murkowski Warner have the small business community Bumpers Hatch Pell not be full beneficiaries of these very Burns Hatfield Pressler NAYS—36 important changes to regulatory re- Byrd Heflin Pryor Akaka Ford Mikulski Campbell Helms Reid Biden Glenn Moseley-Braun view process. Chafee Hollings Robb Boxer Harkin Moynihan Mr. HATCH. Mr. President, I suggest Coats Hutchison Rockefeller Bradley Inouye Murray the absence of a quorum. Cochran Inouye Roth Breaux Johnston Pell Cohen Johnston Santorum Bryan Kennedy Pryor The PRESIDING OFFICER. The Conrad Kassebaum Sarbanes Bumpers Kerry Reid clerk will call the roll. Coverdell Kempthorne Shelby Byrd Kohl Roth The bill clerk proceeded to call the Craig Kennedy Simon Chafee Lautenberg Sarbanes D’Amato Kerrey Simpson Cohen Leahy Simon roll. Daschle Kerry Snowe Daschle Levin Stevens Mr. DOLE. Mr. President, I ask unan- DeWine Kohl Specter Dodd Lieberman Wellstone Dodd Kyl Stevens imous consent that the order for the Dole Lautenberg Thomas NOT VOTING—4 quorum call be rescinded. Domenici Leahy Thompson Bond Jeffords The PRESIDING OFFICER. Without Dorgan Levin Thurmond Inhofe Smith Exon Lieberman Warner objection, it is so ordered. Faircloth Lott Wellstone So, the amendment (No. 1491), as EXPLANATION OF ABSENCE modified, was agreed to. NOT VOTING—4 Mr. HATCH. Mr. President, I move to Mr. DOLE. Mr. President, the senior Bond Jeffords reconsider the vote by which the Senator from New Hampshire [Mr. Inhofe Smith amendment was agreed to. SMITH] is necessarily absent from the So the amendment (No. 1490) was Mr. COVERDELL. I move to lay that Senate and is holding an important agreed to. motion on the table. meeting on Superfund reform in his Mr. GRAMM. Mr. President, I move The motion to lay on the table was home State. He has asked me to an- to reconsider the vote by which the agreed to. nounce that had he been present for amendment was agreed to. (At the request of Mr. DOLE, the fol- the votes we are just about to take, he Mr. COVERDELL. I move to lay that lowing statement was ordered to be would have voted in favor of both the motion on the table. printed in the RECORD.) Abraham and the Nunn-Coverdell The motion to lay on the table was S0634 amendments. agreed to. EXPLANATION OF ABSENCE I suggest the absence of a quorum. VOTE ON AMENDMENT NO. 1491, AS MODIFIED ∑ Mr. BOND. I regret that I was un- The PRESIDING OFFICER. The The PRESIDING OFFICER. The avoidably absent for the votes today. I clerk will call the roll. question is now on amendment No. was away from Washington to partici- The bill clerk proceeded to call the 1491, as modified, offered by the Sen- pate in a court-ordered appearance. If I roll. ator from Georgia [Mr. NUNN]. had been present, I would have sup- Mr. HATCH. Mr. President, I ask Mr. COVERDELL. I ask for the yeas ported both the Abraham and the unanimous consent that the order for and nays. Nunn-Coverdell amendments.∑ the quorum call be rescinded. The PRESIDING OFFICER. Is there a Mr. GRASSLEY addressed the Chair. The PRESIDING OFFICER. Without sufficient second? The PRESIDING OFFICER. The Sen- objection, it is so ordered. There is a sufficient second. ator from Iowa is recognized. Mr. GRASSLEY. Mr. President, after Mr. HATCH. Mr. President, I ask for The yeas and nays were ordered. more than a decade, it is about time the yeas and nays. The PRESIDING OFFICER. The that we are starting to work on regu- The PRESIDING OFFICER. Is there a question is on agreeing to the amend- ment of the Senator from Georgia, as latory reform. We have a very good bill sufficient second? going through the House of Represent- There is a sufficient second. modified. On this question, the yeas and nays have been ordered, and the atives. Hopefully, we will be able to get The yeas and nays were ordered. clerk will call the roll. just as good a bill through the U.S. VOTE ON AMENDMENT NO. 1490 The assistant legislative clerk called Senate. I am glad that we are able to The PRESIDING OFFICER. The the roll. do this under the leadership of our ma- question is on agreeing to the amend- Mr. LOTT. I announce that the Sen- jority leader, Senator DOLE, because this is a historic comprehensive regu- ment of the Senator from Michigan. On ator from Missouri [Mr. BOND], the latory reform. This bill, S. 343, is a re- this question, the yeas and nays have Senator from Oklahoma [Mr. INHOFE], sponse to the informal rulemaking that been ordered, and the clerk will call the Senator from Vermont [Mr. JEF- has exploded in the last 50 years that the roll. FORDS], and the Senator from New was not contemplated in the original The bill clerk called the roll. Hampshire [Mr. SMITH] are necessarily Administrative Procedure Act which Mr. LOTT. I announce that the Sen- absent. The PRESIDING OFFICER (Mr. passed in 1946. ator from Missouri [Mr. BOND], the S. 343 involves a number of major BURNS). Are there any other Senators Senator from Oklahoma [Mr. INHOFE], regulatory reforms. These include cost- in the Chamber who desire to vote? the Senator from Vermont [Mr. JEF- benefit analysis, risk assessment, peti- The result was announced—yeas 60, FORDS], and the Senator from New tion reopener, judicial review, congres- nays 36, as follows: Hampshire [Mr. SMITH] are necessarily sional review, peer review, and im- absent. [Rollcall Vote No. 298 Leg.] provements to the Regulatory Flexibil- The PRESIDING OFFICER. Are there YEAS—60 ity Act. any other Senators in the Chamber de- Abraham Brown Conrad S. 343 is the latest product of a long- siring to vote? Ashcroft Burns Coverdell term evolutionary process. The founda- Baucus Campbell Craig The result was announced—yeas 96, Bennett Coats D’Amato tion for S. 343 comes from the 97th Con- nays 0, as follows: Bingaman Cochran DeWine gress in the form, which we passed at July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9635 that time 94 to 0, of S. 1080. S. 1080 was mean, very broadly speaking, rules people take into consideration alter- the culmination of over 20 years of that are to do social and economic natives; that there is not one way to do work in the Senate to reform the regu- good, where the benefit outweighs the something, and that there ought to be latory process. Unfortunately, that harm. a relationship between cost and bene- year, in the 97th Congress, the House A second objective is to make the fit, and there ought to be a scientific leadership, then under the control of rulemaking process more rational and basis for regulation. The fact is that the Democratic Party, did not believe more open and to give persons who are many rules and regulations have be- that regulatory reform was needed, be- the intended beneficiaries of the rule come too rigid and costly. These rules cause they believed in the regulatory and those who are more likely to bear themselves could actually threaten our state. So the House leadership ne- its costs greater opportunity to par- Nation’s limited resources, as well as glected to follow through on that bill, ticipate in the agency’s proceedings. public support for the necessary rules. and the bill was never considered by No one should reject the proposition At a later time in this debate I am the other body. that people who are to be affected by going to go into more specific detail Regulatory relief was a major issue the regulations ought to have a part in about how ridiculous and onerous in the congressional elections this the process of the agency’s consider- many regulations have become. year. It was part of our Contract With ation of those, and also, once that Mr. President, Majority Leader DOLE America. S. 343 is part of the fulfill- process is over, through judicial re- is to be commended for taking the ini- ment of the mandate that voters gave view, to have a means of assuring that tiative on this legislation and follow- to the new leadership in Congress to agencies, in effect, obey the law. S. 343 ing through on what the American peo- bring about more effective and less does that. ple want and expect. He is the leader of costly rules and regulations. These changes were designed then to As chairman of the Judiciary Sub- supplement and to strengthen the regu- our party. Our party had a mandate in committee on Administrative Over- latory analysis requirements of S. 1080, the election to do that, and he is carry- sight and the Courts, I began the Judi- which is the core of the regulatory ing that out in the responsibility that ciary Committee’s efforts in what has analysis that is in this new bill before he has. The efforts that are being made become an extensive legislative proc- us. in the debating of this bill, in the con- ess. Beginning last February, my sub- I view the overall primary focus of sideration of this bill, is to make sure committee held hearings over 2 days this bill to be accountability. The es- that our performance in office is com- and then held a markup where I offered sence of Government is accountability. mensurate with the rhetoric of the a substitute, which was adopted and re- The essence of lawmaking is account- campaign. I think this bill is about as ported to the full committee. ability. The public holds us account- close as you can get to having that be Chairman HATCH then held another able through the regular election proc- a possibility. hearing before the full committee to ess. The regulatory scheme of things in As others have said, we have to find consider the issue in even more detail. the administrative branch of Govern- ways to do things smarter and cheaper. After a number of delays to accommo- ment is somewhat removed from citi- As the committee report points out, we date the Democratic side of the aisle, zen participation, and the extent to have become hostage to the unregu- the committee held 3 days of markup which it is, I believe people who are lated regulatory process. S. 343 will over a period of 3 weeks, and so the regulators and people who make the help us out of this quagmire by requir- committee finally reported the bill last regulations and rules tend to be less ing sound, effective, fair, reasonable April 26. accountable. regulation that will do the job the peo- Since that time, Members and staff This bill, not as perfectly as is done ple intend that they do. have worked extensively with those through the election process affecting We have all heard today very real who had questions or problems with those of us in Congress, intends to stories of agencies gone mad. Well, I the bill, even including the White bring accountability to the process of want to relate one story here today House. We received, in fact, a number the regulation and rulemaking of the where bureaucrats got out of control. of very positive suggestions. And be- faceless bureaucrat. This means agency This story, and many others we will be cause they were positive, meant to be accountability to the people as well as hearing about, will underscore the need helpful, and it showed cooperation by to Congress who has delegated its au- for commonsense reform. This story the other side, including the adminis- thority to the agencies. It also means happens in my State. S. 343 is about tration, many of these were included in congressional accountability to the reasonableness and responsibility. The the bill. people because we are ultimately re- American people are inspired by rea- S. 343 deals with two overall topics sponsible for the laws that we pass. We sonable decisions. When the Govern- directly relevant to regulatory reform. should not punt to the agencies and to ment acts in the best interest of the The first major topic is regulatory the courts to make very important de- majority of its citizens, the American analysis, including cost-benefit deter- terminations that ought to be made people are encouraged by the Govern- minations for new and existing major right here. Unfortunately, there will be ment’s responsible actions. rules or regulations of the Federal Gov- those who will try to misrepresent our S. 343 is a responsible action which is ernment and, where relevant, Mr. intentions by arguing that this bill will in the best interest of the majority of President, risk assessment criteria and be used to gut our Nation’s health, Americans. One of the main problems procedures. safety, and environmental laws. this bill addresses is unreasonable reg- The second major topic involves This argument, of course, is a sham, ulations and overzealous regulators. changes to the Administrative Proce- because there is not one among us who dure Act and other Federal statutes does not want to do everything that we This problem is clearly evident when which contain equivalent provisions. reasonably can to protect the lives of it comes to agencies like the Environ- These changes are in the procedures our people and who recognize the need mental Protection Agency. The EPA that the agencies are required to follow for sound and effective regulations. We was instituted and developed to pro- in rulemaking and also in the stand- all breathe the air, eat the food, and mote policy advancing a clean environ- ards of judicial review and appeals of drink the water. ment at reasonable costs with fair and agency action. We all want our children and grand- rational oversight. Fair and rational Through these provisions, Congress children to be as safe as possible. To oversight, though, has not been exhib- will give Federal agencies new sub- suggest otherwise, as some in this body ited recently by the EPA. Presently, stantive and procedural guidelines on are doing, and particularly as the the EPA exhibits arrogance and over- how the agencies are to use the legisla- media likes to popularize, is just down- zealous behavior while enforcing the tive powers which Congress has given right shameful. We are concerned agency’s adversarial relationship with them through other statutes to regu- about the lives of people. This does not small business and farmers. late. The ultimate objective in our leg- compromise that principle whatsoever. Innocent citizens are easy prey for islation is for better Federal rules and What it means to do is that regulation presumptuous EPA bureaucrats. I regulations, and by better rules, we and rulemaking be accountable; that know this to be true because, as I have S 9636 CONGRESSIONAL RECORD — SENATE July 10, 1995 said, I have a constituent who has per- had knowingly stored illegal toxic goal of a clean environment at reason- sonal scars from unjustified hardships chemicals on his property. able costs, with a fair and rational resulting from brash EPA officials. That decision and the 15 months of oversight by the U.S. Government. This example happened outside a lit- litigation cost Mr. Higman $200,000 in Most, if not all, businesses want to tle town in the northwest corner of my legal fees, lost business, and what is comply with environmental laws and State of Iowa. The name of that com- even more important in my State, Mr. regulations. munity is Akron, IA. It was business as President, it gave this very responsible Mr. President, it is my hope that this usual that day at the Higman Gravel business person a damaged reputation. reform will change the EPA policy to Company. Harold Higman, the owner, It also cost the bookkeeper, Ms. Han- promote a worthy social objective that was outside topping off his pickup sen—the woman that had the shotgun fosters reconciliation and cooperation. truck at the gas pump on his property. leveled at her as she was at her desk This reform will help eliminate the Mavis Hansen, a trusted employee of 20 doing her books—two months leave of heavy-handed tactics and threats years, was inside the office tending to absence due to a nervous disorder, against innocent citizens like Mr. the books, as she regularly did. Every which still persists to this day. Higman and Ms. Hansen. Through this other employee was working at their Mr. President, the moral of this story reform the EPA could once again re- normal business responsibilities that must be prefaced with a poignant ques- turn to its original purpose of promot- early morning at 9 o’clock. You might tion: How in the world does the EPA ing policy which advances a clean envi- say the morning routine had just justify such outrageous behavior? ronment through fair and rational begun. It is the regulatory state gone out of oversight. Suddenly, in a violent breech of the control. They acted, as I have said, on Mr. DASCHLE. Mr. President, I want morning’s routine, nearly a dozen un- rumor and innuendo. When the rumors to use this time to remark briefly on marked cars roared onto the yard of did not pan out, they pressed ahead the pending measure, which will be the the premise of that gravel business. anyway, costing innocent citizens fi- subject of a vigorous debate over the They screeched to a halt in cadence. nancial and psychological fortunes. next several days, and the focus of our Forty agents poured from the cars and I will not go through all of the de- work today and in the days to follow. surrounded Mr. Higman, cocking their tails in this case, Mr. President. But I The primary subject of this debate is guns in unison. think it behooves us as a society to the bill that was reported by the Judi- take a broad view of this case and see One agent, who was clad in a bullet- ciary Committee in a very controver- what lessons can be learned. proof vest, leveled his shotgun at sial markup which was later modified To begin with, the EPA used a force Higman. The agent pumped the gun through negotiations with Senator of 40 men comprised of Federal and once to load it. As Mr. Higman, the JOHNSTON and other colleagues. local agents. They used a force I am grateful for the attention that owner, gulped and his knees quivered, equipped to attack a mountain when it Members have given the bill since it the agent fumbled for his badge, and as was only a molehill. was reported by the Judiciary Commit- Mr. Higman groped for words and he Second, the EPA’s advanced scouting tee, for I believe, over time, real im- voiced a demand for an explanation, of the situation was disgraceful. They provements have already been made. the agent responded with a ‘‘shut up’’ charged ahead with full force, though Nevertheless, throughout these nego- right in Mr. Higman’s face. uninformed about the facts. They did tiations, these clear differences have Meanwhile, another agent stormed not look before they leaped. emerged among those who advocated the office. There he found the trusted All too often, Mr. President, I hear of changes in the way Federal agencies employee of 20 years, the accountant, such overzealous and heavy-handed en- issue regulations. It has become appar- Mavis Hansen, at her desk tending to forcement of our Nation’s environ- ent that a new, more reasonable and the books, as you would expect her to mental laws. Yet, there is rarely ac- judicious approach is needed if we are be doing at 9 o’clock in the morning. countability. This situation cannot to enact responsible, regulatory re- The agent stormed in with his gun and continue. A presumption of guilt is form, without causing gridlock in the yelled ‘‘freeze’’ with his gun cocked formed. It is a foreign concept in our Federal agencies. and left it aimed right at Mavis Han- land. It should be a foreign practice as There remain a number of problems sen’s head. well. with S. 343 which argue against adop- Poor Mavis Hansen sat frozen with The purpose of the EPA is certainly tion in its current form. First, its pas- shock, fear, and bewilderment. Now, commendable. The purpose is to pro- sage will likely result in a more con- Mr. President, to this very day, she tect the Nation from environmental voluted, bureaucratic, and confusing still has nightmares and bouts of nerv- pollutants and toxins. The EPA is sup- system that practically invites manip- ousness due to what happened that hor- pose to work to make our water clean ulation and litigation by the best law- rible day. and our air pure, and there is no one yers money can buy. It would allow, Obviously, there must have been a who would argue with those worth- and even encourage, appeals and litiga- reason for 40 agents to appear, shoving while goals. But the heavy-handed tac- tion throughout the regulatory devel- their shotguns down the throats of the tics are inconsistent with EPA’s wor- opment process. owner and the bookkeeper of this grav- thy objectives. In fact, such policy The multifaceted petition process el business in the small town of Akron erodes whatever moral authority the will create massive burdens on Federal in northwest Iowa. You might wonder, EPA may hope to have to detect and agencies at a time when we are at- was it some kind of a drug operation? deter pollution and polluters. Their tempting to cut budgets and limit the Was there a cache of weapons? None of image in the public’s eye will only suf- size of Government. those, Mr. President. What the agents fer and the public’s confidence in the The bill’s $50 million threshold will were looking for were two so-called EPA’s fairness will be shaken. drag hundreds of additional rules into toxic chemicals that were allegedly We certainly hope, Mr. President, this process, further burdening agen- stored at the Higman Gravel Co. that this reform will cause the EPA to cies. It also forces Federal agencies to grounds, supposedly buried in barrels. reconsider its we-versus-they mental- choose the cheapest option, even if Now, this is what they had been told. ity, with respect to American small other alternatives are more cost effec- They had been told this, Mr. President, business. This bill will not overturn ex- tive and therefore more economical. by a paid informant. But it turns out isting environmental law. The Com- In sum, it would impose costs on Fed- that this paid informant was also a dis- prehensive Regulatory Reform Act will eral agencies that cannot be met under gruntled former employee of the require the EPA to reexamine existing current budget constraints. The Office Higman Gravel Co. He had given the rules and force them into revisions, but of Management and Budget estimates EPA a bum lead, and after 15 months of only, let me emphasize, where regula- that S. 343 would cost Federal agencies misery and ordeal, a jury in a criminal tions are based on bad science or where an additional $1.3 billion and 4,500 full case finally decided that Higman was a less costly alternative exists that time employees each year simply to innocent. Mr. Higman and others were achieves the statutory requirements. implement all its provisions. The Fed- acquitted of charges stating that he Small businesses certainly share the eral Government simply does not have July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9637 the resources to absorb those require- which will improve the bill and which I The PRESIDING OFFICER. Without ments. Nor should it. hope all Members will give their seri- objection, it is so ordered. In addition to overburdening Federal ous consideration. The messages of the President are as agencies, S. 343, as currently written, The comprehensive alternative will follows: would roll back some of the most im- produce commonsense reform without To the Senate of the United States: portant laws that protect our environ- wholesale harm. I am hopeful that With a view to receiving the advice ment, our health, and our safety. after some healthy debate on this mat- and consent of the Senate to ratifica- For the first time in my lifetime, we ter, and in light of the amendment tion, I transmit herewith the Treaty are contemplating a comprehensive re- process that will begin today, my col- Between the Government of the United treat from the progress achieved in re- leagues can be persuaded to support States of America and the Government ducing air pollution, in cleaning up our our amendments and the alternative of the Republic of Latvia Concerning rivers and lakes, in taking steps to en- developed by Senators GLENN and the Encouragement and Reciprocal sure that the food we eat and the water CHAFEE, should it be offered. That is Protection of Investment, with Annex we drink is safe and clean. In the past, the best, most defensible path to regu- and Protocol, signed at Washington on this effort has been embraced by lead- latory reform, because it does not sac- January 13, 1995. I transmit also, for ers Republican and Democratic. Wheth- rifice the environmental, health, and the information of the Senate, the re- er it was President Nixon, Ford, safety standards that American fami- port of the Department of State with Carter, Reagan, Bush, or President lies have a right to expect and demand respect to this Treaty. Clinton, this Nation has realized great from their Government. The bilateral investment Treaty benefits from an extraordinary biparti- Mr. President, I can state with some (BIT) with Latvia will protect U.S. in- san commitment on these matters. confidence that no Member of this body vestors and assist Latvia in its efforts Mr. President, last year 2-year-old will argue for a regulatory status quo. to develop its economy by creating Cullen Mack of my home State of No Member of this body believes that conditions more favorable for U.S. pri- South Dakota fell ill from eating beef every Federal rule is sacred. No Mem- vate investment and thus strengthen- contaminated with the E. coli bacteria. ber will defend every law we’ve passed ing the development of the private sec- As a result of experiences like Cullen’s, as perfect in its real-world application. tor. I held a number of hearings in the Ag- There are too many regulations in gen- The Treaty is fully consistent with riculture Committee and the Depart- eral, and, in particular, too many that U.S. policy toward international and ment of Agriculture developed regula- make no sense. domestic investment. A specific tenet tions which would help prevent It is my strong hope that during this of U.S. policy, reflected in this Treaty, recurrences of this problem. The rules debate, we can come to agreement on a is that U.S. investment abroad and for- would modernize the meat inspection bipartisan regulatory reform bill that eign investment in the United States process, using sensitive scientific tech- achieves serious, meaningful change, should receive national treatment. niques to detect contamination and but does so recognizing the budgetary Under this Treaty, the Parties also prevent spoiled meat from making its realities facing the Federal Govern- agree to international law standards way into our food supply. ment, recognizing the desire to prevent for expropriation and compensation for This much-awaited rule will be held unnecessary and expensive litigation, expropriation; free transfer of funds as- up by this bill. It will be delayed and and recognizing the fundamental im- sociated with investments; freedom of perhaps even stopped. That is unac- portance of ensuring that Federal investments from performance require- ceptable and represents one of the agencies should be able to issue those ments; fair, equitable, and most-fa- problems with this bill in its current commonsense regulations which pro- vored-nation treatment; and the inves- form. tect public health and safety, the envi- tor’s or investment’s freedom to choose In its attempt to reform the regu- ronment, and other matters that most to resolve disputes with the host gov- latory process, the bill overreaches—I of us agree should be the subject of re- ernment through international arbitra- believe, to the long-term detriment to sponsible Federal oversight. tion. the American people, including busi- Mr. President, I yield the floor. I recommend that the Senate con- nesses. In South Dakota as in many f sider this Treaty as soon as possible, other States, not only will the public MORNING BUSINESS and give its advice and consent to rati- benefit from tough new meat inspec- fication of the Treaty, with Annex and tion rules, but so will the farmers and Mr. HATCH. Mr. President, I ask Protocol, at an early date. ranchers who raise the livestock and unanimous consent that there be a pe- WILLIAM J. CLINTON. who benefit from the assurance that riod for the transaction of morning THE WHITE HOUSE, July 10, 1995. their products will reach the market in business with Senators permitted to the best condition possible. The Senate speak for up to 10 minutes each. To the Senate of the United States: should not support a process that The PRESIDING OFFICER. Without With a view to receiving the advice would compromise that objective. objection, it is so ordered. and consent of the Senate to ratifica- I want to make clear that I’m not The PRESIDING OFFICER. The Sen- tion, I transmit herewith the Treaty suggesting that somehow the pro- ator from Utah is recognized. Between the Government of the United ponents of S. 343 are advocating the f States of America and the Government degradation of our environment, or of the Republic of Georgia Concerning have set out to contaminate our drink- REMOVAL OF INJUNCTION OF SE- the Encouragement and Reciprocal ing water, or that they are uncon- CRECY—TREATY DOCUMENT NOS. Protection of Investment, with Annex, cerned with a child’s potential expo- 104–12 AND 104–13 signed at Washington on March 7, 1994. sure to toxins. But passage of this bill Mr. HATCH. As in executive session, I transmit also, for the information of will make those results more likely. I ask unanimous consent that the in- the Senate, the report of the Depart- And that is not a result that I can en- junction of secrecy be removed from ment of State with respect to this dorse. the Investment Treaty with Latvia Treaty. I know that some of my colleagues (Treaty Document No. 104–12) and the The bilateral investment Treaty will be taking the floor to make that Investment Treaty with Georgia (Trea- (BIT) with Georgia was the eighth such case in detail, and to offer amendments ty Document No. 104–13) transmitted to treaty between the United States and a which will attempt to ameliorate the the Senate by the President on July 10, newly independent state of the former most harmful provisions of the bill. 1995; and the treaties considered as Soviet Union. The Treaty is designed And I know that some of my demo- having been read the first time; re- to protect U.S. investment and assist cratic colleagues have signed onto S. ferred, with accompanying papers, to the Republic of Georgia in its efforts to 343. the Committee on Foreign Relations develop its economy by creating condi- I also want to make it clear that and ordered to be printed; and ordered tions more favorable for U.S. private there is a better alternative and that a that the President’s messages be print- investment and thus strengthen the de- number of amendments will be offered ed in the RECORD. velopment of its private sector. S 9638 CONGRESSIONAL RECORD — SENATE July 10, 1995 The Treaty is fully consistent with communities. The results are timely, high-technology manufacturing and re- U.S. policy toward international and lively, and intellectually provocative. search work. The main product manu- domestic investment. A specific tenet In short, they’re much like public factured by Kabi Pharmacia in Clayton of U.S. policy, reflected in this Treaty, broadcasting. is intralipid, a unique intravenous feed- is that U.S. investment abroad and for- WILLIAM J. CLINTON. ing solution. Kabi must import a key, eign investment in the United States THE WHITE HOUSE, July 10, 1995. unique intralipid ingredient—pharma- should receive national treatment. f ceutical-grade, FDA-approved egg yolk Under this Treaty, the Parties also phospholipid, because it is made only agree to international law standards INTRODUCTION OF BILLS AND by Kabi’s parent company in Sweden. for expropriation and compensation for JOINT RESOLUTIONS The duty on Kabi’s phospholipid was expropration; free transfer of funds re- The following bills and joint resolu- set at 1.5 percent in the 1970’s when lated to investments; freedom of in- tions were introduced, read the first Kabi began operations in Clayton. Be- vestments from performance require- and second time by unanimous con- ginning in March 1991, the uninten- ments; fair, equitable, and most-fa- sent, and referred as indicated: tional HTS reclassification of the vored-nation treatment; and the inves- By Mr. HELMS: phospholipid more than tripled this tor of investment’s freedom to choose S. 1015. A bill to provide for the liquidation duty, a situation that could not be cor- to resolve disputes with the host gov- or reliquidation of certain entries of pharma- rected in the GATT agreement because ernment through international arbitra- ceutical grade phospholipids; to the Commit- it is a matter of U.S. law—which, of tion. tee on Finance. course, only Congress can change. I recommend that the Senate con- By Mr. KERRY (for himself and Mr. Mr. President, my legislation would KENNEDY): sider this Treaty as soon as possible, S. 1016. A bill to authorize the Secretary of return the rate on the phospholipid to and give its advice and consent to rati- Transportation to issue a certificate of docu- 1.5 percent for the period from March fication of the Treaty, with Annex, at mentation with the appropriate endorsement 29, 1991, until January 1, 1995, when the an early date. for employment in the coastwise trade for duty for Kabi’s phospholipid and other WILLIAM J. CLINTON. the vessel Magic Carpet; to the Committee on pharmaceutical components and prod- THE WHITE HOUSE, July 10, 1995. Commerce, Science, and Transportation. ucts became zero under the GATT S. 1017. A bill to authorize the Secretary of f agreement, and refund the unintended Transportation to issue a certificate of docu- duty increase. The amount of the unin- MESSAGES FROM THE PRESIDENT mentation with the appropriate endorsement for employment in the coastwise trade for tended duty increase is $396,779.16. Messages from the President of the the vessel Chrissy; to the Committee on Com- Mr. President, there has been no dis- United States were communicated to merce, Science, and Transportation. agreement that the duty increase on the Senate by Mr. Thomas, one of his By Mr. HELMS: Kabi’s phospholipid was unintended secretaries. S. 1018. A bill for the relief of Clarence P. and unwarranted. Simple fairness em- Stewart; to the Committee on Governmental f phasizes the need for the legislation I Affairs. offer today. The correction of the erro- EXECUTIVE MESSAGES REFERRED By Mr. BAUCUS: S. 1019. A bill to direct the United States neous HTS reclassification must be ret- As in executive session the Presiding Fish and Wildlife Service to examine the im- roactive in order that there can be an Officer laid before the Senate messages pacts of whirling disease, and other parasites equitable redress. It is a matter of sim- from the President of the United and pathogens, on trout in the Madison ple fairness and equity. States submitting sundry nominations River, Montana, and similar natural habi- I ask unanimous consent that the which were referred to the appropriate tats, and for other purposes; to the Commit- text of this legislation (S. 1015) be committees. tee on Environment and Public Works. printed in the RECORD. By Mr. COVERDELL: There being no objection, the bill was (The nominations received today are S. 1020. A bill to establish the Augusta printed at the end of the Senate pro- Canal National Heritage Area in the State of ordered to be printed in the RECORD, as ceedings.) Georgia, and for other purposes; to the Com- follows: f mittee on Energy and Natural Resources. S. 1015 By Mr. FEINGOLD: Be it enacted by the Senate and House of Rep- ANNUAL REPORT OF THE COR- S.J. Res. 37. A joint resolution disapprov- resentatives of the United States of America in PORATION FOR PUBLIC BROAD- ing the extension of nondiscriminatory Congress assembled, CASTING—MESSAGE FROM THE treatment (most-favored-nation treatment) SECTION 1. PHARMACEUTICAL GRADE PRESIDENT—PM 62 to the products of the People’s Republic of PHOSPHOLIPIDS. China; to the Committee on Finance. Notwithstanding section 514 of the Tariff The PRESIDING OFFICER laid be- f Act of 1930 (19 U.S.C. 1514) or any other provi- fore the Senate the following message sion of law, upon proper request filed with from the President of the United STATEMENTS ON INTRODUCED the Customs Service not later than 90 days States together with an accompanying BILLS AND JOINT RESOLUTIONS after the date of the enactment of this Act, report; which was referred to the Com- By Mr. HELMS: any entry, or withdrawal from warehouse for consumption, of pharmaceutical grade mittee on Commerce, Science, and S. 1015. A bill to provide for the liq- Transportation: phospholipids that— uidation or reliquidation of certain en- (1) was made under subheading 2923.20.00 of To the Congress of the United States: tries of pharmaceutical grade the Harmonized Tariff Schedule of the Unit- In accordance with the Communica- phospholipids; to the Committee on Fi- ed States; tions Act of 1934, as amended (47 U.S.C. nance. (2) with respect to which a lower rate of 396(i)), I transmit herewith the Annual LEGISLATION CORRECTING THE duty would have applied if such entry or withdrawal had been made under subheading Report of the Corporation for Public RECLASSIFICATION OF PHOSPHOLIPIDS 2923.20.10 or 2923.20.20 of such Schedule; and Broadcasting (CPB) for Fiscal Year 1994 Mr. HELMS. Mr. President, today I (3) was made after March 29, 1991, and be- and the Inventory of the Federal Funds once again offer legislation to correct fore January 1, 1995; Distributed to Public Telecommuni- an obviously unintended and mistaken shall be liquidated or reliquidated as if such cations Entities by Federal Depart- reclassification of pharmaceutical- lower rate of duty applied to such entry or ments and Agencies: Fiscal Year 1994. grade, FDA-approved egg yolk withdrawal. Since 1967, when the Congress created phospholipid by HTS, the Harmonized the Corporation, CPB has overseen the Tariff Classification System. Another By Mr. KERRY (for himself and growth and development of quality provision of this legislation has been Mr. KENNEDY): services for millions of Americans. accomplished in the Uruguay round S. 1016. A bill to authorize the Sec- This year’s report, entitled ‘‘Amer- GATT agreement. retary of Transportation to issue a cer- ican Stories,’’ is a departure from pre- Kabi Pharmacia is a U.S. company in tificate of documentation with the ap- vious reports. It profiles people whose Clayton, NC. Kabi has become a lead- propriate endorsement for employment lives have been dramatically improved ing employer in rural Johnston Coun- in the coastwise trade for the vessel by public broadcasting in their local ty; it has 175 employees engaged in Magic Carpet; to the Committee on July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9639 Commerce, Science, and Transpor- tions of the Jones Act which prohibit for review with the MSPB, but that too tation. vessels from operating in coastwise was denied. Mr. Stewart, therefore, has JONES ACT WAIVER LEGISLATION trade without proper documentation of exhausted all possible avenues of ad- Mr. KERRY. Mr. President, I am its chain of ownership. The vessel was ministrative review. pleased to join my colleague, the dis- built 83 years ago in Maine, but along Mr. Stewart is a North Carolina citi- tinguished senior Senator from Massa- the way the documentation has been zen who gave years of faithful service chusetts, in introducing a bill to allow lost. It is my hope that a document to his State and country. He was the vessel Magic Carpet to be employed will be issued which will allow the wrongfully removed from his job as in coastwise trade of the United States. owner to start a small business, a char- North Carolina State Director of the This boat has a relatively small pas- ter boat operation, seasonally taking Agricultural Stabilization and Con- senger capacity, carrying up to 6 pas- people out of Gloucester. servation Service. At the time, he was sengers on a charter business based out I hope and trust the Senate will told he had no right to appeal the dis- of Martha’s Vineyard, MA. The purpose agree and will speedily approve the bill missal when, as a decorated veteran of this bill is to waive those sections of being introduced today. who served his country valiantly in the Jones Act which prohibit foreign- World War II, he had a very real right made vessels from operating in coast- By Mr. HELMS: to appeal. Mr. President, I doubt that wise trade. The waiver is necessary be- S. 1018. A bill for the relief of Clar- any of our colleagues believe that this cause, under the law, a vessel is consid- ence P. Stewart; to the Committee on good man should be punished for hav- ered foreign-made unless all major Governmental Affairs. ing taken the word of his superior. components of its hull and super- THE CLARENCE P. STEWART RELIEF ACT But for his superior’s mistake, Mr. structure are fabricated in the United Mr. HELMS. Mr. President, today I Stewart would have filed a timely ap- States and the vessel is assembled en- offer a private bill to direct the Sec- peal and would have prevailed just as tirely in the United States. This vessel retary of Agriculture to right a wrong the other 24 appellants did in the was originally built in a foreign ship- committed against a dedicated public Blalock case. Mr. President, I do hope yard in 1959, but since then has been servant. that in the interest of equity Mr. Stew- owned and operated by American citi- Clarence P. Stewart of Lillington, art will receive the same benefits that zens. The owners of Magic Carpet have NC, served 23 years with the Agricul- were afforded the other State Direc- invested substantially more than the tural Stabilization and Conservation tors. Service [ASCS] at the Department of cost of building the boat in making re- By Mr. BAUCUS: pairs to it and maintaining it—in Agriculture. In April 1981, Mr. Stewart S. 1019. A bill to direct the U.S. Fish American shipyards with American was North Carolina State Executive and Wildlife Service to examine the products. This particular vessel is also Director when, during the transition to impacts of whirling disease, and other of some historical value—Magic Carpet a new administration, the ASCS de- parasites and pathogens, on trout in is a classic wooden yawl—few of these cided to remove all State Executive Di- the Madison River, MT, and similar vessels still exist today and very few rectors as part of an what the Depart- natural habitats, and for other pur- operate along the east coast. The own- ment described as a reduction-in-force poses. [RIF]. ers wish to start a small business, a WHIRLING DISEASE RESPONSE ACT OF 1995 Mr. Stewart considered appealing the charter boat operation, seasonally tak- Mr. BAUCUS. Mr. President, in ‘‘A ASCS decision but was told by his su- ing people out of Martha’s Vineyard. River Runs Through It,’’ Norman After reviewing the facts in the case perior at the ASCS not to bother, that Maclean wrote, ‘‘in our family, there of the Magic Carpet, I find that this he had no right to appeal the dismissal was no clear line between religion and waiver does not compromise our na- action. Unfortunately, Mr. Stewart ac- flyfishing.’’ tional readiness in times of national cepted this information at face value These words sum up the way we Mon- emergency, which is the fundamental and did not appeal the ASCS decision. tanans feel about our blue ribbon trout purpose of the Jones Act requirement. Mr. President, years later, Mr. Stew- streams. Great flyfishermen—men like While I generally support the provi- art learned that, as a veteran, he did in Bud Lily and Dan Bailey—are legends sions of the Jones Act, I believe the fact have a right to appeal his dismis- in Montana. And Montana rivers—the specific facts in this case warrant a sal from the ASCS. He also learned Madison, Yellowstone, Missouri, Big- waiver to permit the Magic Carpet to that 24 other State Executive Directors horn, and Bighole—are the heart and engage in coastwise trade. I hope and who had been dismissed at the same soul of our State. We mark our cal- trust the Senate will agree and will time as Stewart had appealed their dis- endars and plan our weekends around speedily approve the bill being intro- missals to the Merit Systems Protec- caddis and stone fly hatches or peak duced today. tions Board and they had won. In this grasshopper season. These outstanding appeal, known as the Blalock case, the trout streams are in large part what By Mr. KERRY (for himself and Merit Systems Protection Board found makes Montana ‘‘the last best place.’’ Mr. KENNEDY): that the State Directors had in fact But these rivers hold more that rec- S. 1017. A bill to authorize the Sec- been removed for cause rather than reational value for Montanans. Fishing retary of Transportation to issue a cer- separated pursuant to RIF and as a re- is big business. It is the engine that tificate of documentation with the ap- sult could be removed only if they were drives the economies of many commu- propriate endorsement for employment given advance notice and an oppor- nities throughout Montana. In fact, the in the coastwise trade for the vessel tunity to reply. The Merit Systems net economic value of fishing in Mon- Chrissy; to the Committee on Com- Protection Board ordered the Depart- tana is estimated to be nearly $300 mil- merce, Science, and Transportation. ment of Agriculture to reinstate, retro- lion a year. JONES ACT WAIVER LEGISLATION actively, the appellants to their posi- The discovery of whirling disease on Mr. KERRY. Mr. President, I am tions. the Madison River in late 1994 puts pleased to join my colleague, the dis- Although none of the appellants ac- Montana’s wild trout fishery at great tinguished senior Senator from Massa- tually returned to work, the Depart- risk. Whirling disease is a parasite that chusetts, in introducing a bill to allow ment of Agriculture, as part of a settle- attacks the cartilage of young trout, the vessel Chrissy to be employed in ment agreement, gave each appellant 1 particularly rainbow trout. Its impact coastwise trade of the United States. year and 10 months salary and recom- has been devastating to rainbow trout This boat has a relatively small pas- puted retirement benefits based on this populations on the Madison River, senger capacity, carrying up to 6 pas- increased salary. where whirling disease has caused a 90- sengers on a charter business based out Once Mr. Stewart learned of the percent decline in the last 3 years. of Gloucester, Massachusetts. Chrissy is Blalock decision he filed an appeal Whirling disease has also been de- a historical vessel, built in 1912 in with the Merit Systems Protection tected in four other Montana river Friendship, Maine and is one of the last Board. Because his appeal was filed drainages as well as in Nevada, Oregon, remaining Friendship sloops. The pur- late, the MSPB dismissed Mr. Stew- Idaho, California, Colorado, Wyoming, pose of this bill is to waive those sec- art’s appeal. He then filed a petition and Utah. S 9640 CONGRESSIONAL RECORD — SENATE July 10, 1995 Montana has taken the challenge of amendment to the 1974 Omnibus Trade Pacific Affairs Winston Lord and As- fighting whirling disease head on. Act establishing a linkage between sistant Secretary of State for Human Flyfishermen, scientists, State and human rights and most-favored-nation Rights and Humanitarian Affairs John Federal officials have joined together [MFN] trade status for nonmarket Shattuck have said publicly that the to learn more about this disease and economies. The legislation was largely human rights situation has not im- find solutions. Today, I am introducing responsible, in my view, for the fantas- proved in China. The State Depart- legislation that will better equip con- tic success of United States efforts to ment’s own 1994 report acknowledges cerned Montanans to effectively deal secure the freedom of movement for that ‘‘In 1994, there continued to be with whirling disease and minimize its over 1 million Jews and other per- widespread and well-documented impacts to our world class wild trout secuted minorities from the Soviet human rights abuses in China.’’ From fisheries. Union. the events of the last 6 months, in fact, The Whirling Disease Response Act Since 1989, when the Chinese military one can only conclude that the situa- of 1995 focuses on three objectives: co- brutally gunned down hundreds of pro- tion has worsened—even with MFN and ordination, containment, and research. tectors in Tianmen Square and cracked robust trade. First, the Whirling Disease Response down on the blossoming dissident The Chinese Government continues Act coordinates all existing data and movement in China, there have been to exercise significant control on oppo- research conducted to date on whirling efforts to link Chinese MFN to human sition and dissent; to abuse systemati- disease. The act requires the U.S. Fish rights improvements. cally is prisoners, including the use of and Wildlife Service to compile, within In 1991, legislation to set conditions slave labor and the alleged organ trans- 180 days, a report that summarizes all for the extension of MFN to China was plant of executed prisoners; and to im- efforts to date with respect to whirling passed by overwhelming majorities in pose harsh regulations in Tibet, while disease, to identify gaps in the avail- both the House and the Senate, only to refusing to engage in any dialog with able scientific information, and to be vetoed by President Bush. The Nobel Peace prize laureate the Dalai make recommendations as to how the House overrode the veto, but the Sen- Lama. Federal Government can be a more ef- ate sustained it by a mere one vote. In fective partner to States confronted In the last 2 months alone, several 1992 Congress again passed bills to re- prominent intellectuals have been de- with whirling disease. voke MFN status for products manu- Second, the act requires the U.S. tained while their homes have been factured by Chinese state-owned com- searched simply for signing petitions in Fish and Wildlife to modify the Ennis panies. President Bush vetoed that as Fish Hatchery so that it is a complete support of more political openness. well, and once again the Senate sus- More have been taken into custody and containment facility. This hatchery is tained the veto. critically important to wild trout re- interrogated about their activities. When President Clinton came to of- Some have been questioned, released, search as well as to maintaining fice in 1993, he issued an Executive healthy trout fisheries throughout the and then sent away from Beijing, while order specifying seven areas in which others have just disappeared, including United States. The U.S. Fish and Wild- the Chinese would need to make ‘‘sig- life Service must make sure that this China’s most prominent dissident, Wei nificant progress’’ if MFN were to be Jeisheing, whose whereabouts since hatchery is not infected with whirling extended in 1994. I was one of those who disease or any other water borne para- February are unknown, except to the strongly condemned the action of the extent that he is confirmed to be in po- site. administration when it abandoned this Third, and most important, this act lice custody. Two weeks ago, Chen position in 1994, because I believe it un- requires the U.S. Fish and Wildlife Ziming, another well-known dermined the President’s own credibil- Service to significantly increase its prodemocracy activist, was suddenly ity on human rights, and relegated role in whirling disease research. As reimprisoned after being released on a U.S. human rights advocacy from a debilitating as this disease is, rel- medical parole last year. policy with teeth to one of rhetoric and atively little is known about how to Stricter security laws have been symbolism. For the same reasons, I am stop its spread. The U.S. Fish and Wild- adopted by the Politburo, and Beijing disappointed that despite a year in life Service must make the fight seems intent on limiting access of Chi- which freedoms further diminished in against whirling disease a top priority. nese citizens to the tens of thousands China, President Clinton announced on They must work with affected States, of international nongovernmental or- June 2 that he would seek to extend universities, and sportsmen toward a ganizations that will be in China this MFN status to China again this year. solution on whirling disease. This act September for the U.N. Fourth World makes whirling disease research a pri- I am most outraged, though, Mr. President, that the United States Conference on Women. ority for the U.S. Fish and Wildlife As the leader of the free world, the Service. would even consider extending MFN to China at precisely the moment that United States has the responsibility to While Montana has a significant work to protect human rights world- stake in fighting whirling disease, it is the Chinese have arrested a prominent human rights activist and American wide. The most recent action of the not alone—19 other States are im- Chinese Government against an Amer- pacted by whirling disease. It is in citizen, Mr. Henry Wu, and threatened to try him for espionage and subject ican citizen makes it a personal issue America’s best interest that we work for many us. aggressively to minimize the impact him to the death penalty. This is yet On June 19 Mr. Harry Wu entered whirling disease has on our trout fish- another disgraceful mark on China’s northwest China, with a legal Chinese eries. I look forward to working with human rights record, and will hope- visa and with a valid United States my colleagues from other affected fully compel us to respond finally with passport, and was immediately de- States to see that we make headway in the toughest human rights policy pos- tained by Chinese officials. For several minimizing the impact whirling dis- sible. days, China refused to confirm that it ease has on America’s blue ribbon Mr. President, that is why I am in- was in fact holding an American citi- trout streams. troducing today a joint resolution of disapproval, consistent with the Jack- zen, and in effect denied United States By Mr. FEINGOLD: son-Vanik amendment of 1974, of the officials the access to our citizens that S.J. Res. 37. A joint resolution dis- extension of nondiscriminatory treat- is supposedly protected under a United approving the extension of nondiscrim- ment to products of the People’s Re- States-China Consular Convention. A inatory treatment—most-favored-na- public of China. U.S. diplomat was even sent on a wild tion treatment—to the products of the There is no evidence, Mr. President, goose chase throughout the northwest People’s Republic of China; to the Com- that the granting of unconditional provinces earlier this month in search mittee on Finance. MFN status to China—an element of a of Mr. Wu. DISAPPROVAL OF MOST-FAVORED-NATION so-called policy of ‘‘constructive en- The announcement this weekend that STATUS FOR CHINA gagement’’—has improved China’s Mr. Wu is going to be tried as a spy and Mr. FEINGOLD. Mr. President in 1974 human rights behavior at all. Both As- potentially subject to the death pen- Congress passed the Jackson-Vanik sistant Secretary of State for Asia and alty is the one of the most egregious July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9641 violations I can think of. After spend- of 1974 recommended by the President to the manent the section 170(e)(5) rules per- ing 19 years in Chinese prison camps, Congress on June 2, 1995, with respect to the taining to gifts of publicly-traded and then seeking refuge in the United People’s Republic of China. stock to certain private foundations, States, Mr. Wu has been actively re- f and for other purposes. searching the abuse of Chinese pris- S. 917 ADDITIONAL COSPONSORS oners, including the trade of human At the request of Mr. DOMENICI, the body parts from executed prisoners to S. 44 name of the Senator from Georgia [Mr. party officials. He has produced a film At the request of Mr. REID, the name NUNN] was added as a cosponsor of S. which was aired on the British Broad- of the Senator from Arizona [Mr. KYL] 917, a bill to facilitate small business casting Corp., published articles on the was added as a cosponsor of S. 44, a bill involvement in the regulatory develop- subject, and testified before congres- to amend title 4 of the United States ment processes of the Environmental sional committees. He has publicized Code to limit State taxation of certain Protection Agency and the Occupa- what can happen when the State has pension income. tional Safety and Health Administra- the will and instruments to take these S. 254 tion, and for other purposes. actions, and has fought to halt this At the request of Mr. LOTT, the name S. 939 gruesome practice in China. of the Senator from Vermont [Mr. At the request of Mr. SMITH, the Mr. President, no one can possibly be LEAHY] was added as a cosponsor of S. name of the Senator from Missouri deceived into thinking that Mr. Wu 254, a bill to extend eligibility for vet- [Mr. ASHCROFT] was added as a cospon- was arrested by Chinese officials for erans’ burial benefits, funeral benefits, sor of S. 939, a bill to amend title 18, any other reason except to silence him. and related benefits for veterans of cer- United States Code, to ban partial- He is being threatened with death for tain service in the United States mer- birth abortions. uncovering horrid human rights abuses chant marine during World War II. S. 949 in China. The U.S. and international S. 256 At the request of Mr. GRAHAM, the reactions must be anything but muted At the request of Mr. DOLE, the name of the Senator from Colorado or conciliatory. names of the Senator from New York [Mr. BROWN] was added as a cosponsor Earlier this year, the administration [Mr. D’AMATO] and the Senator from of S. 949, a bill to require the Secretary was willing to play hardball with trade New Hampshire [Mr. GREGG] were of the Treasury to mint coins in com- when it came to Chinese piracy of soft- added as cosponsors of S. 256, a bill to memoration of the 200th anniversary of ware, and threatened to impose $1 bil- amend title 10, United States Code, to the death of George Washington. lion worth of sanctions against prod- establish procedures for determining S. 959 ucts of specific state-owned industries. the status of certain missing members The threat worked, and the United At the request of Mr. HATCH, the of the Armed Forces and certain civil- States achieved its goals. I would en- names of the Senator from Louisiana ians, and for other purposes. treat the administration to address the [Mr. BREAUX] and the Senator from plight of a human being just as seri- S. 327 Utah [Mr. BENNETT] were added as a co- ously. At the request of Mr. HATCH, the sponsors of S. 959, a bill to amend the My joint resolution is intended to name of the Senator from Indiana [Mr. Internal Revenue Code of 1986 to en- send the message that we cannot have LUGAR] was added as a cosponsor of S. courage capital formation through re- business as usual with China when 327, a bill to amend the Internal Reve- ductions in taxes on capital gains, and human rights advocates, such as Harry nue Code of 1986 to provide clarifica- for other purposes. Wu, are under the threat of death. In tion for the deductibility of expenses S. 969 my view, MFN should not have been incurred by a taxpayer in connection at the request of Mr. BRADLEY, the extended to China this year at all given with the business use of the home. name of the Senator from California its human rights record, but now, espe- S. 426 [Mrs. BOXER] was added as a cosponsor cially, we cannot offer conciliations of At the request of Mr. SARBANES, the of S. 969, a bill to require that health this kind. name of the Senator from New Jersey plans provide coverage for a minimum China’s human rights record is dete- [Mr. BRADLEY] was added as a cospon- hospital stay for a mother and child riorating, despite MFN, and there is sor of S. 426, a bill to authorize the following the birth of the child, and for little, if no, evidence that economic en- Alpha Phi Alpha Fraternity to estab- other purposes. gagement is improving the human lish a memorial to Martin Luther King, S. 1009 rights situation in China, as was ear- Jr., in the District of Columbia, and for At the request of Mr. D’AMATO, the lier promised. Though China’s economy other purposes. name of the Senator from Connecticut is expanding brilliantly, political S. 588 [Mr. LIEBERMAN] was added as a co- change is not coming: in fact, the Chi- At the request of Mr. DASCHLE, the sponsor of S. 1009, a bill to prohibit the nese Government appears to be doing name of the Senator from Illinois [Mr. fraudulent production, sale, transpor- everything within its power to ensure SIMON] was added as a cosponsor of S. tation, or possession of fictitious items that economic development does not 588, a bill to amend the Employee Re- purporting to be valid financial instru- bring political liberalization. If any- tirement Income Security Act of 1974 ments of the United States, foreign thing, the Chinese need MFN to con- with respect to rules governing litiga- governments, States, political subdivi- tinue the trade and investment on tion contesting termination or reduc- sions, or private organizations, to in- which its economic development de- tion of retiree health benefits. crease the penalties for counterfeiting pends. For this reason, we must use violations, and for other purposes. S. 607 MFN as a lever to protect human f At the request of Mr. WARNER, the rights in China, and an American name of the Senator from Nebraska human rights crusader who is facing AMENDMENTS SUBMITTED [Mr. EXON] was added as a cosponsor of death. S. 607, a bill to amend the Comprehen- I ask unanimous consent that the sive Environmental Response, Com- text of resolution be printed in the COMPREHENSIVE REGULATORY pensation, and Liability Act of 1980 to REFORM ACT OF 1995 RECORD. clarify the liability of certain recy- There being no objection, the joint cling transactions, and for other pur- resolution ordered to be printed in the poses. ABRAHAM (AND OTHERS) RECORD, as follows: S. 789 AMENDMENT NO. 1490 S.J. RES. 37 At the request of Mr. CHAFEE, the Mr. ABRAHAM (for himself, Mr. Resolved by the Senate and House of Rep- resentatives of the United States of America in name of the Senator from New York DOLE, Mr. KYL, Mr. GRAMS, Mr. NICK- Congress assembled, That the Congress does [Mr. D’AMATO] was added as a cospon- LES, and Mr. HATCH) proposed an not approve the extension of the authority sor of S. 789, a bill to amend the Inter- amendment to amendment No. 1487 contained in section 402(c) of the Trade Act nal Revenue Code of 1986 to make per- proposed by Mr. DOLE to the bill (S. S 9642 CONGRESSIONAL RECORD — SENATE July 10, 1995 343) to reform the regulatory process, LATORY FLEXIBILITY ACT.—Section 605(b), of ADDITIONAL STATEMENTS and for other purposes; as follows: title 5, United States Code, is amended to read as follows: (a) On page 27, line 13, strike ‘‘subsection’’ and insert ‘‘subsections’’; and (b) on page 27, ‘‘(b) Sections 603 and 604 of this title shall ROTH AMENDMENT NO. 1444 TO S. line 13, after ‘‘(c)’’, insert ‘‘and (e)’’; and (c) not apply to any rule if the head of the agen- 440, THE FEDERAL HIGHWAY BILL cy certifies that the rule will not, if promul- on page 30, before line 10, insert the follow- ∑ Mr. STEVENS. Mr. President, I wish ing: gated, have a significant economic impact on a substantial number of small entities. If the to ask the distinguished Senator from ‘‘(e) REVIEW OF RULES AFFECTING SMALL Delaware if he would describe the im- BUSINESSES.—(1) Notwithstanding subsection head of the agency makes a certification (a)(1), any rule designated for review by the under the preceding sentence, the agency pact on Alaska of the adoption of his Chief Counsel for Advocacy of the Small shall publish such certification, along with a amendment No. 1444 to the Federal Business Administration with the concur- succinct statement providing the factual highway bill, S. 440? rence of the Administrator for the Office of reasons for such certification, in the Federal Mr. ROTH. I would be pleased to do Information and Regulatory Affairs, or des- Register along with the general notice of so, as I know of the considerable inter- ignated for review solely by the Adminis- proposed rulemaking for the rule. The agen- est of the Senator from Alaska in con- trator of the Office of Information and Regu- cy shall provide such certification and state- tinuing to see to it that the Alaska latory Affairs, shall be included on the next- ment to the Chief Counsel for Advocacy of the Small Business Administration.’’. Railroad remains one of the premier published subsection (b)(1) schedule for the transportation systems for Alaska. The agency that promulgated it. (2) TECHNICAL AND CLARIFYING AMEND- adoption of amendment No. 1444 au- ‘‘(2) In selecting rules to designate for re- MENTS.—Section 612 of title 5, United States view, the Chief Counsel for Advocacy of the Code, is amended— thorizes any State that does not have Small Business Administration and the Ad- (A) in subsection (a) by striking ‘‘the Com- Amtrak service as of the legislation’s ministrator of the Office of Information and mittees on the Judiciary of the Senate and enactment date, to use the mass tran- Regulatory Affairs shall, in consultation the House of Representatives, the Select sit account of the highway trust fund with small businesses and representatives Committee on Small Business of the Senate, for capital improvements to, and oper- thereof, consider the extent to which a rule and the Committee on Small Business of the ating support for, intercity passenger subject to sections 603 and 604 of the Regu- House of Representatives’’ and inserting rail service. This means that conges- latory Flexibility Act, or any other rule ‘‘the Committees on the Judiciary and Small meets the criteria set forth in paragraph tion, mitigation, and air quality funds, Business of the Senate and House of Rep- as well as Surface Transportation Pro- (a)(2). resentatives’’; and ‘‘(3) If the Administrator of the Office of gram funds will be eligible for the (B) in subsection (b) by striking ‘‘his views Information and Regulatory Affairs chooses State of Alaska to use for its State with respect to the effect of the rule on not to concur with the decision of the Chief small entities’’ and inserting ‘‘views on the railroad. Counsel for Advocacy of the Small Business rule and its effects on small entities’’. Mr. STEVENS. I thank my good Administration to designate a rule for re- friend for spelling out the details of the On page 72, line 15, strike out ‘‘(e)’’ and in- view, the Administrator shall publish in the impact of this amendment. It will Federal Register the reasons therefor. sert in lieu thereof ‘‘(f)’’. come as good news for the Alaska Rail- Redesignate subsequent subsections ac- f cordingly. road Corporation as well as the people of Alaska who rely heavily on this NOTICES OF HEARING unique rail system.∑ NUNN (AND OTHERS) AMENDMENT NO. 1491 COMMITTEE ON INDIAN AFFAIRS f Mr. NUNN (for himself, Mr. Mr. MCCAIN. Mr. President, I would SALUTE TO THE SPECIAL COVERDELL, and Mr. INHOFE) proposed like to announce that the Senate Com- OLYMPICS mittee on Indian Affairs will be holding an amendment to the amendment No. ∑ Mr. DODD. Mr. President, now that 1487 proposed by Mr. DOLE to the bill S. a hearing on Thursday, July 13, 1995, the Special Olympics World Games 343, supra; as follows: beginning at 9:30 a.m., in room 485 of have come to a close, I rise to again On page 14, line 10, strike out ‘‘or’’. the Russell Senate Office Building on thank those who made this remarkable On page 14, line 16, add ‘‘or’’ after the semi- S. 479, a bill to provide for administra- event possible. As my colleagues know, colon. tive procedures to extend Federal rec- these games were held July 1–9 in New On page 14, insert between lines 16 and 17 ognition to certain groups. Haven, CT. This tremendous competi- the following new subparagraph: Those wishing additional information tion brought the world to Connecticut, ‘‘(C) any rule or set of closely related rules, should contact the Committee on In- not determined to be a major rule pursuant and I want to take this opportunity to to subparagraph (A) or (B) that the agency dian Affairs at 224–2251. acknowledge some of the individuals proposing the rule determines will have a SUBCOMMITTEE ON OVERSIGHT AND who made it possible. significant economic impact on a substantial INVESTIGATIONS Were it not for the dreams and vision number of small businesses, pursuant to sub- of Eunice Kennedy Shriver, the Special Mr. THOMAS. Mr. President, I would chapter I; Olympics would not exist. This out- like to announce for the information of On page 39, line 22, strike out ‘‘and’’. standing organization has flourished the Senate and the public that a hear- On page 39, line 24, strike out the period since she launched it, and it has left an and insert in lieu thereof a semicolon and ing before the Subcommittee on Over- extraordinary mark on the athletes, ‘‘and’’. sight and Investigations of the Senate their families, their coaches and On page 39, add after line 24 the following Energy and Natural Resources Com- friends. I applaud Eunice, her husband, new subparagraph: mittee has been scheduled for Tuesday, Sarge Shriver, and all the members of ‘‘(C) an agency certification that a rule July 18, 1995, at 2:30 p.m. The purpose will not have a significant economic impact their family who have given so much to of the hearing is to examine first on a substantial number of small entities the Special Olympics throughout the amendment activities, including sales pursuant to section 605(b). years. On page 40, line 5, insert ‘‘and section 611’’ of message-bearing merchandise, on In New Haven, we were fortunate to after ‘‘subsection’’. public lands managed by the National have a member of the Shriver family at On page 68, strike out all beginning with Park Service and the U.S. Forest Serv- the helm of the 1995 World Games. I line 9 through line 11 and insert in lieu ice. thereof the following: congratulate Tim Shriver on a job well ‘‘(A) include in the final regulatory flexi- The hearing will be held in room SD– done. The success of these games is due bility analysis a determination, with the ac- 366 of the Dirksen Senate Office Build- in large part to his hard work, dedica- companying factual findings supporting such ing in Washington, DC. tion and leadership. I know Tim would determination, of why the criteria in para- Those wishing to testify or who wish agree, however, that this great success graph (2) were not satisfied; and to submit written statements should would not have been possible without On page 72, insert between lines 14 and 15 write to the Committee on Energy and the help and support of Chairman Low- the following new subsection: (e) AMENDMENTS TO THE REGULATORY Natural Resources, U.S. Senate, Wash- ell Weicker, the Special Olympics staff, FLEXIBILITY ACT.— ington, DC 20510. For further informa- the hundreds of volunteers and the co- (1) IMPROVING AGENCY CERTIFICATIONS RE- tion, please contact Kelly Johnson or operation and support of the New GARDING NONAPPLICABILITY OF THE REGU- Jo Meuse at (202) 224–6730. Haven community. I thank Mayor July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9643 John Destefano and all the residents of your life: Let me win, but if I cannot Cassandra Jones of Soddy Daisy is 1 of New Haven for contributing in so many win, let me be brave in the attempt.∑ 15 nationally recruited players selected ways to this important event. f for this all-star team, and one of the Cities and towns across Connecticut youngest national stars to ever com- were fortunate to serve as host commu- TAX CUTS WORK pete in this international program. nities for delegations from each of the ∑ Mr. ABRAHAM. Mr. President, one of Cassie Jones was selected for the participating countries. This host pro- the most frequent questions asked dur- team based on her current soccer tal- gram enabled families throughout the ing the debate over the budget resolu- ent, her potential, and her ability to state to open their homes and their tion was why, in the face of large defi- compete at the international youth hearts to our visitors from abroad. cits, were Republicans insisting on tax soccer level. The program, originally This program proved invaluable for the cuts. The answer is simple: Tax cuts founded in 1982, is a non-profit, na- hosts and the guests as cultures were work. By allowing Americans to keep tional soccer club that has earned a na- commingled, traditions were shared more of what they earn, tax cuts en- tional reputation as America’s leader and lifelong friendships were forged. I courage economic growth, job creation, in athletic diplomacy and well-rounded thank each of the communities and and an increase—not decrease—in reve- play development. families that offered their hospitality nues to the U.S. Treasury. A straight-A student at Soddy Daisy to the world. Following the Reagan tax cuts in Middle School, Cassie’s excellence on As with any event of this scale, the 1981, we witnessed one of the longest the soccer field is matched by her drive Special Olympics required significant economic expansions in the history of and determination in the classroom, as financial support. I am proud to com- the United States. Over 20 million new well as her interest in other extra- mend the many companies in Connecti- jobs were created while revenues to the curricular activities. In addition to cut and throughout the country that Treasury increased dramatically. Just soccer, she is involved in band activi- donated hours of work and millions of as importantly, the benefits of the ties, and enjoys reading and playing dollars as corporate sponsors of these Reagan tax cuts were felt by Ameri- softball. World Games. cans from all income classes—rich and This month, Cassie and her Ambas- sador teammates will travel to north- Most importantly though, I want to poor. ern Europe to represent the United recognize the athletes who competed in Tax cuts enacted this year could States in a 2-week soccer tour of Scan- the Special Olympics. That is what achieve similar results. I am including dinavia. Following a high-intensity these games are all about. From bowl- a short article by Malcolm S. Forbes, training session in Denmark, the East- ing to bocce, soccer to tennis, aquatics Jr. which makes an eloquent case for West Ambassadors will compete in the to equestrian sports, athletes from reducing the burden on the American prestigious Gothia Cup tournament in across the world came together to dem- taxpayer. As Mr. Forbes makes clear, Gothenburg, Sweden. The Gothia Cup onstrate their strength, dedication and Republicans can, and should, cut taxes pits more than 900 teams from 50 coun- skill. The athletic abilities of these in- and balance the budget at the same tries in its competition. From there, dividuals are tremendous, and their time. Cassie will return to Denmark for an- ability to overcome obstacles to make FACT AND COMMENT other major tournament, the Dana Cup it to New Haven is even more awesome. MEMO TO THE GOP: THE 1980’S WORKED (By Malcolm S. Forbes Jr.) in Hjorring. Indeed it is inspiring to see what Mr. President, I would like to take each of these individuals has accom- Republicans have accepted the notion that the 1980s were a big fiscal mistake, that Ron- this opportunity to wish Cassie Jones plished. It is the athletes, friends, fam- the best of luck as she enters her first ilies and the coaches who dedicated ald Reagan was wrong to insist on tax cuts even in the face of congressional resistance international competition and embarks themselves to this competition who de- to reducing spending. on what could be a very promising soc- serve our highest commendation. Their Republicans are now in effect saying that cer career. I am confident she will rep- enthusiasm and spirit was infectious, no budget cuts mean no tax cuts. The GOP resent the State of Tennessee and the and we sincerely thank them for shar- has it backwards. Properly structured tax re- United States well, and I look forward ing their talent with us during these ductions would trigger a robust economic ex- pansion, as they did in the 1980s. They should to hearing more about her achieve- Olympic Games. ments, both on and off the soccer field, All the athletes came together dur- be the center on which budget cuts are struc- tured. Voters would thus see the GOP as the in the future.∑ ing the opening ceremonies, one of the party of opportunity and growth, not as the f most memorable parts of these games. party of austerity. Growth would also expand I will always remember the proud con- government revenues. ORDERS FOR TUESDAY, JULY 11, tingents of athletes from throughout Reagan’s much-criticized tax cuts were the 1995 the world entering the Yale Bowl to principal catalyst of our longest peacetime Mr. HATCH. Mr. President, I ask open the Olympics. They were greeted expansion. Federal income tax receipts grew mightily. Even more impressive was the ex- unanimous consent that when the Sen- by the President of the United States ate completes its business today, it and leaders of countries from El Sal- traordinary surge in revenues of state and local governments. The federal deficits of stand in recess until the hour of 9 a.m. vador to Botswana and beyond. This the 1980s resulted from our unprecedented on Tuesday, July 11, 1995; that follow- spectacular event signaled the start of peacetime military buildup—which finally ing the prayer, the Journal of proceed- the World Games and kicked off a week won the 40-year Cold War for us—and, more ings be deemed approved to date, the of serious athletic competition and fun. important, from Congress’ inability to say time for the two leaders be reserved for The opening ceremonies also no to domestic spending constituencies. If their use later in the day, and there Republicans combine Reagan’s pro-growth launched a week-long demonstration of then be a period for the transaction of the ability of the human spirit to soar. tax approach with their antispending pro- clivities, they will get credit for reviving the morning business until the hour of 9:45 There are members of every commu- economy and curbing government. a.m., with Senators permitted to speak nity who live each day with mental re- Why should Republicans buy their oppo- for up to 10 minutes each; further, that tardation and disabilities. We stopped nents’ bum raps about what actually hap- at the hour of 9:45 a.m. the Senate re- this week to hear them say: ‘‘Watch us. pened when Reagan ruled?∑ sume consideration of S. 343, the regu- We can do great things. We can bring f latory reform bill. you together and show you our The PRESIDING OFFICER. Without strengths.’’ CASSANDRA JONES SELECTED AS objection, it is so ordered. It is a lesson that we are fortunate to EAST-WEST SOCCER AMBASSADOR Mr. HATCH. Mr. President, I further have learned. It is a message we should ∑ Mr. FRIST. Mr. President, today, I ask unanimous consent that the Sen- hear loud and clear and one that we would like to commend a very special ate stand in recess between the hours should continue to heed in all that we young Tennessean for her selection as of 12:30 and 2:15 p.m. for the weekly do. In closing, I urge each of you to re- an East-West Soccer Ambassador, an policy luncheons to meet. member the Special Olympics athletes’ all-star team of American youth soccer The PRESIDING OFFICER. Without oath as you confront the challenges in players ages 12 to 19. At 12 years of age, objection, it is so ordered. S 9644 CONGRESSIONAL RECORD — SENATE July 10, 1995 PROGRAM sible, that there must be, when a law is laws and regulations relating to clean Mr. HATCH. Mr. President, for the passed, rules promulgated so that law water are not strict enough? About information of all Senators, the Senate is enforced the same for everyone. right? Or too strict?’’ here is how the will resume consideration of the regu- That has caused a lot of problems. people of Nevada feel. Mr. President, 49 latory reform bill tomorrow at 9:45 We have heard, in recent days during percent of the people in Nevada say a.m. Further amendments are expected the debate on this issue, a great deal that the clean water laws and regula- to the bill tomorrow; therefore Sen- about the pros and cons, for example, tions are not strict enough; 34 percent ators should expect rollcall votes about threshold limits; that is, what feel they are about right. Mr. Presi- throughout Tuesday’s session of the dollar value should be in effect before a dent, that is about 85 percent of the Senate. regulation is treated one way as com- people in Nevada who feel that the pared to if it is under that threshold clean water regulations are either just f amount, should it be treated a different right or not strong enough. Only 11 per- ORDER FOR RECESS way. We have been barraged by dec- cent of the people feel that they are larations about rolling back existing too strict. Mr. HATCH. If there is no further rules, and this has caused areas of dis- Clean air—again, 44 percent feel that business to come before the Senate, I agreement. the clean air regulations are not strict now ask that, following the remarks of Within the framework of this debate, enough. Remember, the State of Ne- Senator REID, the Senate stand in re- I have tried to find a commonsense ap- vada has Las Vegas, it has Reno, and cess under the previous order. proach to how we should approach this then the vast majority of the State, The PRESIDING OFFICER. Without most important area of the law, name- areawise, is rural in nature. This takes objection, it is so ordered. ly regulation reform. All too often, in into consideration the views of rural Mr. REID. Mr. President, I ask the issues such as this, it seems that com- Nevadans. Nevadans said that clean air unanimous-consent request be modified mon sense becomes clouded with politi- rules and regulations and laws are not so I be allowed to speak for such time cal agendas, Presidential campaigns, strict enough, to the tune of 44 percent. as I may consume. I will try to do it as congressional campaigns; obscured, Twenty-five percent said they are quickly as possible, but I do not want perhaps, by various ideologies and about right. to be bound by the 10 minutes when smothered in the shouting from the Mr. President, with the environment, there is no one else here on the floor. right and the left. Common sense re- when you ask the question broadly, The PRESIDING OFFICER. Without quires a balance, I think, in reform; a ‘‘Do you feel the laws relating to the objection, it is so ordered. look at what is reasonable and then environment are not strict enough, too The Senator from Nevada. legislation that does not harm the strict, or about right?’’—39 percent f whole to benefit just a few. said they are not strict enough; 29 per- I do not know any Members of this REGULATORY REFORM cent said they are just right. body who would refuse small businesses Food safety: 43 percent of the people Mr. REID. Mr. President, in 1969 the the opportunity to grow and prosper. I of Nevada said they are not strict Cuyahoga River in Ohio caught fire. I know I feel that way because most of enough, 43 percent said they are about repeat, the Cuyahoga River caught fire. the jobs in this country are created by right, and only 8 percent said that food This river was so polluted that it actu- small businesses, not the General Mo- safety regulations are too strict. ally started burning. tors, not the Lockheeds, not the Workplace safety: Again, the same As a result of this, Members of Con- Aerojets, but, rather, small busi- situation, not strict enough, and about gress and the President decided it was nesses—mom and pop stores. In fact, right. Those figures come to about 65 time we did something about the rivers small businesses produce about 85 per- percent. and streams in this country. Following cent of the jobs in the United States. The people of Nevada are very con- that fire, that is a river catching fire, So we must be responsive to how small cerned about food, water, air, and the the Clean Water Act was passed. It has business performs in our country. The environment generally. been 25-plus years since that river better they perform, the more jobs are It is interesting, people in Nevada burned. Since that time, there has been available, the better our country per- were asked the question—that is, peo- a reversal of how the rivers and forms. ple over age 60—‘‘Would you be less streams were. Then, 80 percent of the I have consistently been an advocate likely to vote for someone that tam- rivers and streams were polluted. Now, and have encouraged the stimulation of pered with Medicare or less likely to about 20 percent of the rivers and small businesses. They assume the vote for someone that messed with the streams are polluted. We have made a risks of the marketplace and, as I have environmental laws?’’ Seniors, people lot of progress with the Clean Water already indicated, are the backbone of over 60 years of age, said, ‘‘We would be Act, and that is the subject of this dis- our economy. But the profit of the less likely to vote for someone that cussion tonight. business community should not come tried to weaken environmental laws.’’ We have heard a lot of talk lately at the expense of clean air, clean So I do not think Nevada is unusual. about regulatory reform, and I think it water, and clean food. We cannot ap- I do not know statistically how other is important, because there is no area proach all problems with a dollar fig- States feel other than what I read in in the Federal Government—and as far ure as the principal determination in the Washington Post newspaper yester- as that goes, State government—that the cost-benefit analysis. day, where a writer said that a recent causes people as much concern as regu- Mr. President, as with all of us, we Times-Mirror survey shows that al- lations. They have not only had the have recently returned from our though a large majority of respondents laws to deal with, but in recent years States. Recently being in Nevada, and want most types of regulations rolled the laws propound regulations and the having had a number of town hall back, they make an exception for con- regulations propound all kinds of busi- meetings, I heard from many people ex- servation rules. Seventy-eight percent ness decisions that people have to pressing concern about a rolling back said that Government should do what- make. of regulations that put certain areas ever it takes to protect the environ- It used to be that when we passed a that they were concerned about at ment. So it sounds to me, Mr. Presi- law, or a State government passed a risk, especially the environment. They dent, that nationwide the people feel law, the laws could, in effect, be admin- were concerned also about the cleanli- the same as they do in Nevada. istered differently. If a bureaucrat ness of food and, of course, the safety I am not advocating the existence of wanted to administer the law in one of workers. In fact, a recent poll in Ne- any program, rule, or regulation that part of the country in one way and in vada is very illuminating, as to how does not serve the public good. That another part of the country in another people in Nevada feel. Nevadans do not would not serve anyone’s purpose. In way because of the climatic conditions, believe they are overregulated in the fact, it hinders more than it helps. or whatever other variances there may areas of health and the environment. But I would like to look at what Sen- be, he was able to do that. But the In fact, when you ask the people of the ator John GLENN said when S. 343 was courts have said that is not permis- State of Nevada, ‘‘Do you think that introduced. Senator GLENN, who is the July 10, 1995 CONGRESSIONAL RECORD — SENATE S 9645 ranking member of the Government in the majority, a subcommittee in the has an impact of more than $100 mil- Operations Committee, who has Environment and Public Works Com- lion, this body and the House would worked on this bill in this area of the mittee. It was the Subcommittee on have the opportunity for a legislative law a significant amount, said: Toxic Substances Research and Devel- veto. That regulation would not go Any bill on the subject of regulatory re- opment. I chaired this subcommittee into effect for 45 days. During that 45- form to be deserving of support must pass for a couple of Congresses. We had day period, we would have the oppor- the test that is twofold: Number one, does some really interesting hearings there. tunity to review that. If we did not like the bill support the reasonable, logical, ap- We had hearings that dealt with lead in it, we could wipe that regulation off. It propriate changes to regulatory procedures the environment. And clearly as a re- would not become effective. If it had an that eliminate unnecessary burdens on busi- nesses and individuals? Number two, does sult of those hearings, we focused at- impact of less than $100 million, it the bill maintain the Government’s ability tention on the need to do something would become effective immediately, to protect the health, the safety, and the en- about lead in the environment. We had but we would have 45 days to review vironment of the American people? If the an- physicians testify that it was the most that regulation. If we did not like it, swer to both those questions is yes, then the dangerous condition for young children we could rescind it. bill should be supported. in America. Lead in the environment This is a reasonable, sensible ap- That says it all. I congratulate and affected all people, no matter what proach to regulatory reform. I am applaud Senator GLENN for this state- race and no matter what economic happy to see that the version submit- ment because that is what it is all strata they came from. We focused at- ted by the majority through Senator about. tention on this. As a result of that, leg- DOLE has this approach in it. Mr. President, I believe that after the islation was passed that was directed That submitted by my friend, the Government has acted on a problem, toward taking lead out of the environ- senior Senator from Ohio, also has a and there is a need for the Government ment. provision similar to this in it. I think to act on that problem, after time has Mr. President, we held hearings on that is important. It recognizes that passed I think it is important that we composite materials. These are the this body by a vote of 100 to nothing in Government look at the action that plastics that are used on airplanes like adopted the Reid-Nickles amendment. was taken by our prior Government. the Stealth fighter plane. We learned In sum, Mr. President, we need a sen- We have to reexamine I believe for effi- that in the workplace, this substance sible approach to regulatory reform. I ciency, and because of that we need a was killing people and making thou- think that we should all keep in mind periodic review. We do not have that. sands of people sick. As a result of the what Senator GLENN has said. I think We should have that. hearings which we held, regulations we would acknowledge what he said is I have introduced legislation pre- were promulgated, workplaces were right. viously that said if Congress authorizes changed, and work conditions were a program, we should reauthorize that changed. We needed to use composite Any bill on the subject of regulatory re- program every 10 years, or it should form to be deserving of support must pass a materials. But we needed to do it safe- test that is twofold. No. 1, does the bill pro- fall. The reason I believe that is impor- ly. vide for reasonable, logical, appropriate tant is we have had some really un- We held hearings on fungicides and changes to regulatory procedures that elimi- usual things happen in this Chamber pesticides on foods learning that some nate unnecessary burdens on businesses and that I am aware of. of them were dangerous. As an exam- on individuals? And, No 2, does the bill main- It was just a year ago that I offered ple, hearings were held on a substance tain the Government’s ability to protect the an amendment to do away with the called alar, a substance to make ap- health, the safety, and the environment of Tea-Tasting Board—I repeat, the Tea- ples, cherries, and grapes stay on trees the American people? Tasting Board, costing almost $0.5 mil- longer than they normally would. This That should be the goal that the ma- lion a year, which had been going on substance is now not used in the United jority and the minority work toward for 60, 80, 100 years. We did not need it States. on this legislation. Let us not form anymore. But it was just going on and We held a significant number of hear- gridlock. Let us work to improve the on and on, like the battery you see on ings, Mr. President, on TOSCA. This is way that the American public must television. Had we had something in a program that we have now in effect deal with these regulations and in the place that would have mandated a re- that is old and needs to be updated. It process protect what people want pro- authorization of that program, the tax- has not been yet. tected the most, and that is food, payers’ money would not have been My only reason for pointing these water, and working conditions. wasted. things out is to suggest that in the Mr. President, I yield the floor. I un- We had another program. During the areas I have mentioned, and in other derstand that ends this session tonight. Second World War it was important for areas such as lawn chemicals where we f soldiers to have wool. When wool gets found people were getting sick, and we wet, you can still stay warm with it. heard testimony before the committee RECESS UNTIL 9 A.M. TOMORROW We did not have the synthetic products that people died as a result of improper we now have. It was found during the application of these substances and a The PRESIDING OFFICER. Under Second World War we were not raising lot of people got sick, that we have to the previous order, the Senate stands enough wool and mohair. As a result of be very careful that we do not throw in recess until 9 a.m. Tuesday, July 11. that, we made special provisions that the baby out with the bath water. Thereupon, at 6:51 p.m., the Senate there would be a subsidy for people We have problems with too many reg- recessed until Tuesday, July 11, 1995, at that would grow wool and mohair. This ulations. But we must have a frame- 9 a.m. went on for 50 years. There was no need work in place that allows protection of f for it anymore. It was only recently people in the workplace, in the mar- that we terminated that program. ketplace, so that we can enjoy life with NOMINATIONS It should have been reviewed on a clean air and clean water. The regula- Executive nominations received by periodic basis. That is what we need to tions must be such that we can protect the Senate June 30, 1995: do with laws, and we need to do the people but yet not make the rules so NATIONAL MEDIATION BOARD same with regulations. Once a regula- burdensome that people cannot con- ERNEST W. DU BESTER, OF NEW JERSEY, TO BE A MEM- tion is promulgated, there is no reason duct business. BER OF THE NATIONAL MEDIATION BOARD FOR A TERM it should be there forever. There should This Congress has already had con- EXPIRING JULY 1, 1998. (REAPPOINTMENT) be some way to reexamine that regula- sideration of regulations. The House DEPARTMENT OF STATE tion that has been promulgated. That put a moratorium on all regulations. RICHARD HENRY JONES, OF NEBRASKA, A CAREER is what I am going to look for in the This body felt that had gone too far. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND legislation that is now before this Senator NICKLES, the senior Senator PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA body. from Oklahoma, and I introduced an TO THE REPUBLIC OF LEBANON. Mr. President, I chaired a sub- amendment. Basically, what the Executive nominations received by committee when the Democrats were amendment said is that if a regulation the Senate July 10, 1995: S 9646 CONGRESSIONAL RECORD — SENATE July 10, 1995

UNITED STATES INFORMATION AGENCY FEDERAL SUPPLEMENTARY MEDICAL INSURANCE EXECUTIVE OFFICE OF THE PRESIDENT CHERYL F. HALPERN, OF NEW JERSEY, TO BE A MEM- TRUST FUND IRA S. SHAPIRO, OF MARYLAND, FOR THE RANK OF AM- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR MARILYN MOON, OF MARYLAND, TO BE A MEMBER OF BASSADOR DURING HIS TENURE OF SERVICE AS SENIOR A TERM OF 1 YEAR. (NEW POSITION) THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- COUNSEL AND NEGOTIATOR IN THE OFFICE OF THE UNIT- MARC B. NATHANSON, OF CALIFORNIA, TO BE A MEM- MENTARY MEDICAL INSURANCE TRUST FUND FOR A ED STATES TRADE REPRESENTATIVE. BER OF THE BROADCASTING BOARD OF GOVERNORS FOR TERM OF 4 YEARS. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT A TERM OF 3 YEARS. (NEW POSITION) TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- CARL SPIELVOGEL, OF NEW YORK, TO BE A MEMBER OF DEPARTMENT OF LABOR QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY THE BROADCASTING BOARD OF GOVERNORS FOR A TERM CONSIDERED COMMITTEE OF THE SENATE. OF 1 YEAR. (NEW POSITION) EDMUNDO A. GONZALES, OF COLORADO, TO BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF LABOR. DEPARTMENT OF STATE THE JUDICIARY NATIONAL COUNCIL ON DISABILITY STANLEY A. RIVELES, OF VIRGINIA, FOR THE RANK OF CARLOS F. LUCERO, OF COLORADO, TO BE U.S. CIRCUIT AMBASSADOR DURING HIS TENURE OF SERVICE AS U.S. JOHN D. KEMP, OF THE DISTRICT OF COLUMBIA, TO BE JUDGE FOR THE 10TH CIRCUIT. COMMISSIONER TO THE STANDING CONSULTATIVE COM- A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY PETER C. ECONOMUS, OF OHIO, TO BE U.S. DISTRICT MISSION FOR A TERM EXPIRING SEPTEMBER 17, 1997. JUDGE FOR THE NORTHERN DISTRICT OF OHIO. WILEY Y. DANIEL, OF COLORADO, TO BE U.S. DISTRICT THE JUDICIARY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JUDGE FOR THE DISTRICT OF COLORADO. JOHN R. TUNHEIM, OF MINNESOTA, TO BE U.S. DISTRICT CLIFFORD GREGORY STEWART, OF NEW JERSEY, TO BE NANCY FRIEDMAN ATLAS, OF TEXAS, TO BE U.S. DIS- JUDGE FOR THE DISTRICT OF MINNESOTA, VICE DONALD GENERAL COUNSEL OF THE EQUAL EMPLOYMENT OP- TRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS. D. ALSOP, RETIRED. PORTUNITY COMMISSION FOR A TERM OF 4 YEARS. DONALD C. NUGENT, OF OHIO, TO BE U.S. DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF OHIO. f EXECUTIVE OFFICE OF THE PRESIDENT DEPARTMENT OF JUSTICE MARTIN NEIL BAILY, OF MARYLAND, TO BE A MEMBER CONFIRMATIONS OF THE COUNCIL OF ECONOMIC ADVISERS. ANDREW FOIS, OF NEW YORK, TO BE AN ASSISTANT AT- TORNEY GENERAL. Executive Nominations Confirmed by NATIONAL INSTITUTE OF BUILDING SCIENCES the Senate June 30, 1995: STEVE M. HAYS, OF TENNESSEE, TO BE A MEMBER OF STATE JUSTICE INSTITUTE FEDERAL INSURANCE TRUST FUNDS THE BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE OF BUILDING SCIENCES FOR A TERM EXPIRING SEPTEM- JANIE L. SHORES, OF ALABAMA, TO BE A MEMBER OF STEPHEN G. KELLISON, OF TEXAS, TO BE A MEMBER OF BER 7, 1997. THE BOARD OF DIRECTORS OF THE STATE JUSTICE IN- THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE STITUTE FOR A TERM EXPIRING SEPTEMBER 17, 1997. AND SURVIVORS INSURANCE TRUST FUND AND THE FED- SECURITIES INVESTOR PROTECTION TERRENCE B. ADAMSON, OF THE DISTRICT OF COLUM- ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM CORPORATION BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF OF 4 YEARS. THE STATE JUSTICE INSTITUTE FOR A TERM EXPIRING MARILYN MOON, OF MARYLAND, TO BE A MEMBER OF CHARLES L. MARINACCIO, OF THE DISTRICT OF COLUM- SEPTEMBER 17, 1997. (REAPPOINTMENT) THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE BIA, TO BE A DIRECTOR OF THE SECURITIES INVESTOR AND SURVIVORS INSURANCE TRUST FUND AND THE FED- PROTECTION CORPORATION FOR A TERM EXPIRING DE- IN THE AIR FORCE CEMBER 31, 1996. ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT OF 4 YEARS. DEBORAH DUDLEY BRANSON, OF TEXAS, TO BE A DI- RECTOR OF THE SECURITIES INVESTOR PROTECTION TO THE GRADE OF GENERAL WHILE ASSIGNED TO A PO- FEDERAL HOSPITAL INSURANCE TRUST FUND CORPORATION FOR A TERM EXPIRING DECEMBER 31, 1996. SITION OF IMPORTANCE AND RESPONSIBILITY UNDER MARIANNE C. SPRAGGINS, OF NEW YORK, TO BE A DI- TITLE 10, UNITED STATES CODE, SECTION 601: STEPHEN G. KELLISON, OF TEXAS, TO BE A MEMBER OF RECTOR OF THE SECURITIES INVESTOR PROTECTION THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL CORPORATION FOR A TERM EXPIRING DECEMBER 31, 1997. To be general INSURANCE TRUST FUND FOR A TERM OF 4 YEARS. ALBERT JAMES DWOSKIN, OF VIRGINIA, TO BE A DI- LT. GEN. RICHARD E. HAWLEY, 069–34–7170 FEDERAL SUPPLEMENTARY MEDICAL INSURANCE RECTOR OF THE SECURITIES INVESTOR PROTECTION CORPORATION FOR A TERM EXPIRING DECEMBER 31, 1998. TRUST FUND THE JUDICIARY NATIONAL CONSUMER COOPERATIVE BANK STEPHEN G. KELLISON, OF TEXAS, TO BE A MEMBER OF DIANE P. WOOD, OF ILLINOIS, TO BE U.S. CIRCUIT THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- TONY SCALLON, OF MINNESOTA, TO BE A MEMBER OF JUDGE FOR THE SEVENTH CIRCUIT. MENTARY MEDICAL INSURANCE TRUST FUND FOR A THE BOARD OF DIRECTORS OF THE NATIONAL GEORGE H. KING, OF CALIFORNIA, TO BE U.S. DISTRICT TERM OF 4 YEARS. CONSUMER COOPERATIVE BANK FOR A TERM OF 3 JUDGE FOR THE CENTRAL DISTRICT OF CALIFORNIA. FEDERAL HOSPITAL INSURANCE TRUST FUND YEARS. ROBERT H. WHALEY, OF WASHINGTON, TO BE U.S. DIS- SHEILA ANNE SMITH, OF ILLINOIS, TO BE A MEMBER TRICT JUDGE FOR THE EASTERN DISTRICT OF WASHING- MARILYN MOON, OF MARYLAND, TO BE A MEMBER OF OF THE BOARD OF DIRECTORS OF THE NATIONAL TON. THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL CONSUMER COOPERATIVE BANK FOR A TERM OF 3 TENA CAMPBELL, OF UTAH, TO BE U.S. DISTRICT INSURANCE TRUST FUND FOR A TERM OF 4 YEARS. YEARS. JUDGE FOR THE DISTRICT OF UTAH. Monday, July 10, 1995 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate referred, with accompanying papers, to the Commit- Chamber Action tee on Foreign Relations and ordered to be printed. Routine Proceedings, pages S9597–S9646 Pages S9637±38 Measures Introduced: Six bills and one resolution Messages From the President: Senate received the were introduced, as follows: S. 1015–1020, and S.J. following messages from the President of the United Res. 37. States: Page S9638 Transmitting the Annual Report of the Corpora- Comprehensive Regulatory Reform Act: Senate tion for Public Broadcasting for fiscal year 1994; re- resumed consideration of S. 343, to reform the regu- ferred to the Committee on Commerce, Science, and latory process, taking action on amendments pro- Transportation. (PM–62). posed thereto, as follows: Page S9638 Pages S9606±24, S9628±37 Nominations Received: Senate received the follow- Adopted: ing nominations: (1) By a unanimous vote of 96 yeas (Vote No. Cheryl F. Halpern, of New Jersey, to be a Mem- 297), Abraham Amendment No. 1490 (to Amend- ber of the Broadcasting Board of Governors for a ment No. 1487), to ensure that rules impacting term of one year. small businesses are periodically reviewed by the Marc B. Nathanson, of California, to be a Member agencies that promulgated them. of the Broadcasting Board of Governors for a term Pages S9609±20, S9634 of three years. (2) By 60 yeas to 36 nays (Vote No. 298), Nunn/ Carl Spielvogel, of New York, to be a Member of Coverdell Modified Amendment No. 1491 (to the Broadcasting Board of Governors for a term of Amendment No. 1487), to require agencies to con- one year. duct a cost-benefit analysis during the promulgation Stanley A. Riveles, of Virginia, for the rank of of any rule that has a significant economic impact Ambassador during his tenure of service as U.S. on small businesses. Commissioner to the Standing Consultative Commis- Pages S9620±24, S9628±34 sion. Pending: John R. Tunheim, of Minnesota, to be United Dole Amendment No. 1487, in the nature of a States District Judge for the District of Minnesota. substitute. Pages S9645±46 Page S9606 Senate will resume consideration of the bill on Messages From the President: Page S9638 Tuesday, July 11, 1995. Statements on Introduced Bills: Pages S9638±41 Removal of Injunction of Secrecy: The injunction Additional Cosponsors: Page S9641 of secrecy was removed from the following treaties: Amendments Submitted: Pages S9641±42 The Investment Treaty with Latvia (Treaty Doc. No. 104–12); and Notices of Hearings: Page S9642 The Investment Treaty with Georgia (Treaty Doc. Additional Statements: Pages S9642±43 No. 104–13). Record Votes: Two record votes were taken today. The treaties were transmitted to the Senate today, (Total—298) considered as having been read for the first time, and Page S9634 D 821 D 822 CONGRESSIONAL RECORD — DAILY DIGEST July 10, 1995 Recess: Senate convened at 12 noon, and recessed at Ambassador to the Republic of Ghana, John L. 6:51 p.m., until 9 a.m., on Tuesday, July 11, 1995. Hirsch, of New York, to be Ambassador to the Re- (For Senate’s program, see the remarks of the Major- public of Sierra Leone, Vicki J. Huddleston, of Ari- ity Leader in today’s RECORD on pages S9643–44.) zona, to be Ambassador to the Democratic Republic of Madagascar, Elizabeth Raspolic, of Virginia, to be Committee Meetings Ambassador to the Gabonese Republic and to serve concurrently as Ambassador to the Democratic Re- (Committees not listed did not meet) public of Sao Tome and Principe, Daniel Howard NOMINATIONS Simpson, of Ohio, to be Ambassador to the Republic of Zaire, and John M. Yates, of Washington, to be Committee on Foreign Relations: Committee concluded Ambassador to the Republic of Benin, after the hearings on the nominations of Peggy Blackford, of New Jersey, to be Ambassador to the Republic of nominees testified and answered questions in their Guinea-Bissau, Edward Brynn, of Vermont, to be own behalf. h House of Representatives Suspensions—Votes Postponed: House completed Chamber Action all debate on motions to suspend the rules and pass Bills Introduced: Four public bills, H.R. the following measures, on which the votes were 1997–2000; one private bill, H.R. 2001; and two postponed until Tuesday, July 11: resolutions, and H. Res. 183–184 were introduced. Extension of most-favored-nation status to Cambodia: Page H6735 H.R. 1642, to extend nondiscriminatory treatment Report Filed: One report was filed as follows: H.R. (most-favored-nation treatment) to the products of 1826, to repeal the authorization of transitional ap- Cambodia; Pages H6705±06 propriations for the United States Postal Service (H. Extension of most-favored-nation status to Bulgaria: Rept. 104–174). Page H6735 H.R. 1643, to authorize the extension of non- Speaker Pro Tempore: Read a letter from the discriminatory treatment (most-favored-nation treat- Speaker wherein he designates Representative Everett ment) to the products of Bulgaria; Pages H6706±08 to act as Speaker pro tempore for today. Page H6701 Sikes Act improvement amendments of 1995: H.R. 1141, amended, to amend the Act popularly known Recess: House recessed at 2:25 p.m. and reconvened as the ‘‘Sikes Act’’ to enhance fish and wildlife con- at 3:30 p.m. Page H6704 servation and natural resources management pro- Journal: The vote on the approval of the Journal of grams; and Pages H6708±12 Friday, June 30, was postponed until Tuesday, July Colorado River Basin salinity control amendments: S. 11. Pages H6704, H6725 523, to amend the Colorado River Basin Salinity Conference on Security and Cooperation in Eu- Control Act to authorize additional measure to carry rope: The Speaker appointed Representatives Smith out the control of salinity upstream of Imperial Dam of New Jersey, Vice Chairman, Hoyer, Torricelli, in a cost-effective manner. Pages H6712±13 Sawyer, Coleman, Forbes, Cardin, and Slaughter, to Recess: House recessed at 4:12 p.m. and reconvened the Parliamentary Assembly of the Conference on Se- at 5 p.m. Page H6713 curity and Cooperation in Europe on the part of the Motion To Adjourn: By a yea-and-nay vote of 139 House. Page H6704 yeas to 234 nays, Roll No. 469, the House failed to Presidential Message—Corporation for Public agree to the Frank of Massachusetts motion to ad- Broadcasting: Read a letter from the President journ. Pages H6713±14 wherein he transmits the Annual Report of the Cor- poration for Public Broadcasting (CPB) for fiscal year Democratic Caucus: Read a letter to the Speaker 1994 and the Inventory of the Federal Funds Dis- from the Chairman of the Democratic Caucus advis- tributed to Public Telecommunications Entities by ing that Representative Laughlin is no longer a Federal Departments and Agencies for fiscal year member of the Democratic Caucus. Page H6714 1994—referred to the Committee on Commerce. Vacating Committee Elections: Read letters from Page H6705 the Speaker in which he vacates Representative July 10, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 823 Laughlin’s election to the Select Committee on Intel- Affairs, Housing and Urban Development and Inde- ligence and to the Committee on Transportation and pendent Agencies appropriations for fiscal year 1996. Infrastructure. Page H6714 Committee Election: By a yea-and-nay vote of 248 Joint Meetings yeas to 162 nays, Roll No. 476, the House agreed TRADE AND INVESTMENT IN CENTRAL to H. Res. 143, electing Representative Laughlin to AND EAST EUROPE AND THE INS the Committee on Ways and Means of the House of Representatives. Agree to order the previous question Commission on Security and Cooperation in Europe (Hel- on the resolution (agreed to by a yea-and-nay vote sinki Commission): Commission met to receive a brief- of 233 yeas to 179 nays, Roll No. 474). Earlier, ing on trade and investment in Central and East Eu- agreed to the Boehner motion to table the Frank of rope and the Newly Independent States (INS) from Massachusetts motion to reconsider the vote on the Charles F. Meissner, Assistant Secretary of Commerce previous question (agreed to by a recorded vote of for International Economic Policy; and Harriet C. Peterson, Cornerstone International Group, San Car- 233 ayes to 181 noes, Roll No. 475). Pages H6714±23 Earlier, the Watt of North Carolina motion to los, California. table the resolution was rejected by a yea-and-nay Commission recessed subject to call. vote of 178 yeas to 229 nays, Roll No. 472. Subse- f quently, agreed to the Boehner motion to table the NEW PUBLIC LAWS DeLay motion to reconsider the vote to table the res- olution (agreed to by a yea-and-nay vote of 230 yeas (For last listing of Public Laws, see DAILY DIGEST, p. D779) to 180 nays, Roll No. 473). Pages H6716±17 S. 962, to extend authorities under the Middle Previously, by a yea-and-nay vote of 220 yeas to East Peace Facilitation Act of 1994 until August 15, 176 nays, Roll No. 470, agreed to the Doggett 1995. Signed July 2, 1995. (P.L. 104–17) question of consideration of the resolution. Subse- H.R. 483, an act to amend the Omnibus Rec- quently, agreed to the Boehner motion to table the onciliation Act of 1990 to permit medicare select DeLay motion to reconsider the vote on the question policies to be offered in all States. Signed July 7, of consideration (agreed to by a recorded vote of 222 1995. (P.L. 104–18) ayes to 179 noes, Roll No. 471). Pages H6714±16 f Committees To Sit: By a yea-and-nay vote of 234 CONGRESSIONAL PROGRAM AHEAD yeas to 176 nays, Roll No. 477, the House agreed to the Armey motion that the Standing Committees Week of July 11 through 15, 1995 of the House and their subcommittees be permitted to sit while the House is in the Committee of the Senate Chamber Whole. Pages H6723±25 Consideration of S. 343, Comprehensive Regu- Amendments Ordered Printed: Amendments or- latory Reform Act is expected to last the balance of dered printed pursuant to the rule today appear on the week. pages H6736–37. Senate may also consider H.R. 1944, Emergency Supplemental/Rescissions 1995, conference reports, Quorum Calls—Votes: Five yea-and-nay votes and when available, and any cleared legislative and exec- four recorded votes developed during the proceedings utive business. of the House today and appear on pages H6713–14, (Senate will recess on Tuesday, July 11, 1995, from H6714–15, H6715–16, H6716, H6716–17, 12:30 p.m. until 2:15 p.m., for respective party con- H6721–22, H6722, H6723, and H6724–25. There ferences.) were no quorum calls. Adjournment: Met at 2 p.m. and adjourned at 10 Senate Committees p.m. (Committee meetings are open unless otherwise indicated) Committee on Appropriations: July 11, Subcommittee on Defense, to hold hearings on proposed budget estimates Committee Meetings for fiscal year 1996 for the Department of Defense, focus- ing on environmental programs, 9:30 a.m., SD–192. VA, HUD AND INDEPENDENT AGENCIES Committee on Banking, Housing, and Urban Affairs: July APPROPRIATIONS 13, to hold hearings to examine the proposed use of a one dollar coin, 10 a.m., SD–538. Committee on Appropriations: Subcommittee on Veter- July 14, Full Committee, to hold hearings on the Mex- ans Affairs, Housing and Urban Development and ico and the Exchange Stabilization Fund, 10 a.m., Independent Agencies began markup of the Veterans SD–106. D 824 CONGRESSIONAL RECORD — DAILY DIGEST July 10, 1995

Committee on Commerce, Science, and Transportation: July July 13, Full Committee, to hold hearings to examine 11, to hold hearings to examine global aviation chal- U.S. national goals and objectives in international rela- lenges, focusing on Tokyo, Heathrow, and beyond, 9:30 tions in the year 2000 and beyond, 10 a.m., SD–419. a.m., SR–253. Committee on Governmental Affairs: July 12, Permanent July 12, Full Committee, to hold hearings to examine Subcommittee on Investigations, to hold hearings to ex- violence in television programs, 9:30 a.m., SR–253. amine fraud and abuse in Federal student grant programs, Committee on Energy and Natural Resources: July 11, to 9:30 a.m., SD–342. hold hearings to review the Secretary of Energy’s strategic Committee on the Judiciary: July 11, Subcommittee on realignment and downsizing proposal and other alter- Constitution, Federalism, and Property Rights, to hold natives to the existing structure of the Department of En- hearings to examine State sovereignty and the role of the ergy, 9:30 a.m., SD–366. Federal government, 10 a.m., SD–226. July 12, Full Committee, to hold hearings to review Committee on Labor and Human Resources: July 11, Sub- proposed regulatory disposition of Power Marketing Ad- committee on Disability Policy, to hold hearings to ex- ministrations, 9:30 a.m., SD–366. amine how current Federal policy affects approaches to July 13, Subcommittee on Forests and Public Land disciplining students with disabilities, 2 p.m., SD–430. Management, to hold hearings on S. 884, to designate July 13, Subcommittee on Aging, to hold hearings on certain public lands in the State of Utah as wilderness, S. 593, to amend the Federal Food, Drug, and Cosmetic 9:30 a.m., SD–366. Act to authorize the export of new drugs, 9:30 a.m., Committee on Environment and Public Works: July 11, SD–430. business meeting, to mark up proposed legislation regard- Committee on Small Business: July 13, business meeting, ing uniform discharge standards for U.S. Armed Forces to mark up S. 895, to revise the Small Business Act to vessels under the Clean Water Act, and proposed legisla- reduce the level of participation by the Small Business tion waiving the local matching funds requirement for Administration in certain loans guaranteed by the Ad- the fiscal years 1995 and 1996 District of Columbia ministration; to be followed by hearings on the future of highway program, 10 a.m., SD–406. the Small Business Investment Companies program, 9:30 July 12, Full Committee, to hold oversight hearings on a.m., SR–428A. the effects of proposals to statutorily redefine the con- Committee on Veterans Affairs: July 11, to hold hearings stitutional right to compensation for property owners, to examine options for compliance with congressional with particular emphasis on Federal environmental laws, budget resolution (H. Con. Res. 67) instructions relating 9:30 a.m., SD–406. to veterans’ programs, 10 a.m., SR–418. July 13, Drinking Water, Fisheries, and Wildlife, to Committee on Indian Affairs: July 13, to hold hearings hold hearings on proposed legislation authorizing funds on S. 479, to provide for administrative procedures to ex- for programs of the Endangered Species Act, 9 a.m., tend Federal recognition to certain Indian groups, 9:30 SD–406. a.m., SR–485. July 13, Subcommittee on Transportation and Infra- Select Committee on Intelligence: July 12, to hold closed structure, to hold hearings on S. 1005, to improve the hearings on intelligence matters, 2 p.m., SH–219. process of constructing, altering, purchasing, and acquir- ing public buildings, and on pending Government Serv- NOTICE ices Administration building prospectuses and public For a listing of Senate Committee Meetings sched- buildings cost-savings issues, 2 p.m., SD–406. uled ahead, see pages E1403–04 in today’s RECORD. Committee on Finance: July 11, to hold hearings to ex- amine the tax treatment of U.S. citizens who expatriate, House Chamber 2:30 p.m., SD–215. July 12, Full Committee, to resume hearings to exam- Tuesday, Complete consideration of H.R. 1868, ine ways to control the cost of the Medicaid program, fo- Foreign Operations Appropriations Act for fiscal year cusing on the flexibility States have under the current 1996 (rule providing for further consideration); and program, including the extent of federal waiver requests Continue consideration of H.R. 1905, Energy and and the program experience of States granted such waiv- Water Appropriations Act for fiscal year 1996 (open ers, 9:30 a.m., SD–215. rule, 1 hour of general debate). July 13, Full Committee, to continue hearings to ex- Wednesday and Thursday, Continue consideration of amine ways to control the cost of the Medicaid program, H.R. 1905, Energy and Water Appropriations Act focusing on Medicaid beneficiaries and provider groups, for fiscal year 1996 (open rule, 1 hour of general de- 9:30 a.m., SD–215. bate); Committee on Foreign Relations: July 11, business meet- ing, to consider pending nominations and treaties, 10 H.R. 1977, Interior Appropriations Act for fiscal a.m., SD–419. year 1996 (subject to a rule being granted); and July 12, Subcommittee on Western Hemisphere and H.R. 1976, Agriculture Appropriations Act for Peace Corps Affairs, to hold hearings on legislative and fiscal year 1996 (subject to a rule being granted). municipal elections in Haiti, 10 a.m., SD–419. Friday, No legislative business is scheduled. July 10, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 825

NOTE.—Conference reports may be brought up at pational Safety and Health Act of 1970, 1 p.m., 2175 any time. Any further program will be announced Rayburn. later. July 12, Subcommittee on Oversight and Investiga- tions, hearing on National Labor Relations Board Reform, House Committees 9:30 a.m., 2175 Rayburn. Committee on Agriculture, July 11, Subcommittee on De- July 13, Subcommittee on Early Childhood, Youth and partment Operations, Nutrition, and Foreign Agriculture, Families, to continue hearings on Education Reform, 9:30 to mark up the Food Stamp Title of the 1995 Farm Bill, a.m., 2261 Rayburn. 2 p.m., 1300 Longworth. July 13, Subcommittee on Employer-Employee Rela- July 13, Subcommittee on Resource Conservation, Re- tions, to mark up H.R. 1594, Pension Protection Act of search, and Forestry, hearing on the following: H.R. 714, 1995, 9 a.m., 2175 Rayburn. Illinois Land Conservation Act of 1995; H.R. 701, to au- Committee on Government Reform and Oversight, July 11, thorize the Secretary of Agriculture to convey lands to the Subcommittee on Government Management, Information, city of Rolla, MO; and other similar legislation, 9:30 and Technology, Committee on the Budget and the Sub- a.m., 1300 Longworth. committee on Legislation and Budget Process of the Committee on Appropriations, July 11, to mark up the fol- Committee on Rules, joint hearing on Lock Box Deficit lowing: Revised Section 602 (b) Allocations for fiscal year Proposals, 9:30 a.m., 2154 Rayburn. 1996; and the Treasury, Postal Service, and General Gov- July 11, Subcommittee on Government Management, ernment appropriations for fiscal year 1996, 8:30 a.m., 2360 Rayburn. Information, and Technology, hearing on Budget and Fi- July 11, Subcommittee on Labor, Health and Human nancial Information Annual Shareholders Report: How Services and Education, to mark up appropriations for fis- Does the Citizen Know What is Going On? 2 p.m., cal year 1996, 4 p.m., 2358 Rayburn. 2154 Rayburn. July 11, Subcommittee on National Security, to mark July 12, Subcommittee on Civil Service, to mark up up appropriations for fiscal year 1996, 1 p.m., H–140 H.R. 1655, Intelligence Authorization Act for fiscal year Capitol. 1996, 9 a.m., 2247 Rayburn. July 12, Subcommittee on District of Columbia, on July 12, Subcommittee on the District of Columbia, D.C. Finances, 10 a.m., H–144 Capitol. hearing on the following bills: H.R. 1862, District of Co- Committee on Banking and Financial Services, July 12, lumbia Convention Center Preconstruction Act of 1995; Subcommittee on Domestic and International Monetary and H.R. 1843, District of Columbia Sports Arena Fi- Affairs, hearing dealing with the Commemorative Coin nancing Act of 1995, 9 a.m., 311 Cannon. issue, 10 a.m., 2128 Rayburn. July 12, Subcommittee on National Economic Growth, July 13, Subcommittee on Capital Markets, Securities Natural Resources, and Regulatory Affairs, hearing on and Government Sponsored Enterprises, to mark up H.R. OSHA’s Regulatory Processes and Activities Regarding 1487, Federal Home Loan Bank system Modernization Ergonomics, 10 a.m., 2154 Rayburn. Act of 1995, 10 a.m., 2128 Rayburn. Committee on International Relations, July 11, to continue Committee on Commerce, July 12, Subcommittee on En- markup of H.R. 927, Cuban Liberty and Democratic Sol- ergy and Power, hearing on the following bills: H.R. idarity Act of 1995, 10 a.m., 2172 Rayburn. 1020, Integrated Spent Nuclear Fuel Management Act of July 12, hearing on Vietnam: When Will We Get a 1995; H.R. 496, Nuclear Waste Policy Reassessment Act Full Accounting? 10 a.m., 2172 Rayburn. of 1995; H.R. 1032, Electric Consumers and Environ- July 13, Subcommittee on Africa, hearing on The Path mental Protection Act of 1995; H.R. 1174, Nuclear Toward Democracy in Angola, 10 a.m., 2200 Rayburn. Waste Disposal Funding Act; and H.R. 1924, Interim Committee on the Judiciary, July 13, Subcommittee on Waste Act, 10 a.m., 2322 Rayburn. Commercial and Administrative Law, hearing on H.R. July 12, Subcommittee on Health and Environment, to 234, Boating and Aviation Operation Safety Act of 1994, continue hearings on the Future of the Medicare Pro- gram, 10 a.m., 2123 Rayburn. 10 a.m., 2226 Rayburn. July 13, full Committee, to mark up H.R. 1872, Ryan July 13, Subcommittee on Courts and Intellectual White CARE Act Amendments of 1995, 10 a.m., 2123 Property, to continue hearings on H.R. 989, Copyright Rayburn. Term Extension Act of 1995, 10 a.m., 2237 Rayburn. Committee on Economic and Educational Opportunities, July July 13, Subcommittee on Immigration and Claims, to 11, Subcommittee on Workforce Protections, hearing on consider private claims bills; and to mark up H.R. 1915, the following Corrections Day bills; H.R. 1114, to au- Immigration in the National Interest Act of 1995, 9:30 thorize minors who are under the child labor provision of a.m., B–352 Rayburn. the Fair Labor Standards Act of 1938 and who are under Committee on National Security, July 11, hearing on the 18 years of age to load materials into balers and compac- Department of Defense review of the shootdown of a U.S. tors; H.R. 1225, to amend the Fair Labor Standards Act F–16 over the former Yugoslavia, 9:30 a.m., 2118 Ray- of 1938 to exempt employees who perform certain court burn. reporting duties from the compensatory time require- July 13, Subcommittee on Military Procurement, hear- ments applicable to certain public agencies; and H.R. ing on chemical demilitarization, 9:30 a.m., 2118 Ray- 1783, to require a change in regulation under the Occu- burn. D 826 CONGRESSIONAL RECORD — DAILY DIGEST July 10, 1995

Committee on Resources, July 11, Subcommittee on Na- neering Education: An Assessment of the Present; a Look tional Parks, Forests and Lands, hearing on H.R. 1713, into the Future, 9:30 a.m., 2318 Rayburn. Livestock Grazing Act, 10 a.m., 1324 Longworth. Committee on Small Business, July 12, hearing on the Ef- July 12, full Committee, to mark up the following fects of Airlines’ Caps on Travel Agents Commissions, 10 bills: S. 268, to authorize the collection of fees for ex- a.m., 2359 Rayburn. penses for triploid grass carp certification inspections; Committee on Standards of Official Conduct, July 12, exec- H.R. 1296, to provide for the administration of certain utive, to consider pending business, 1 p.m. HT–2M Cap- Presidio properties at minimal cost to the Federal tax- itol. payer; H.R. 629, Fall River Visitor Center Act of 1995; Committee on Transportation and Infrastructure, July 11, and H.R. 1675, National Wildlife Refuge Improvement Subcommittee on Water Resources and Environment and Act of 1995, 11 a.m., 1324 Longworth. the Subcommittee on Coast Guard and Maritime Trans- July 13, Subcommittee on Water and Power Resources, to mark up H.R. 1743, to amend the Water Resources portation, joint hearing on the following: Natural Re- Research Act of 1984 to extend the authorizations of ap- sources Damages Under The Comprehensive and Liability propriations through fiscal year 2000, 10 a.m., 1334 Act of 1980 (Superfund); and the Oil Pollution Act of Longworth. 1990, 10 a.m., 2167 Rayburn. Committee on Rules, July 11, to consider H.R. 1977, July 12, full Committee, to mark up H.R. 1943, San making appropriations for the Department of the Interior Diego Coastal Corrections Act of 1995, 10 a.m., 2167 and related agencies for the fiscal year ending September Rayburn. 30, 1996, 1 p.m., H–313 Capitol. Committee on Ways and Means, July 11, 12, and 13, July 12, to consider H.R. 1976, making appropriations hearings on miscellaneous tax reforms, 10 a.m., 1100 for the Agriculture, Rural Development, Food and Drug Longworth. Administration, and Related Agencies programs for the July 11, Subcommittee on Trade, hearing on Rules of fiscal year ending September 30, 1996, 10 a.m., H–313 Origin, 3 p.m., B–318 Rayburn. Capitol. Permanent Select Committee on Intelligence, July 13, execu- Committee on Science, July 13, Subcommittee on Basic tive, hearing on the Future of Technology—IC21, 9 a.m., Research, hearing on Graduate Level Science and Engi- H–405 Capitol. July 10, 1995 CONGRESSIONAL RECORD—DAILY DIGEST D 827

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED FOURTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through June 30, 1995 January 4 through June 30, 1995 Senate House Total Civilian nominations, totaling 274, disposed of as follows: Days in session ...... 108 90 . . Confirmed ...... 157 ′ ′ Time in session ...... 950 hrs., 25 774 hrs., 21 . . Unconfirmed ...... 116 Congressional Record: Withdrawn ...... 1 Pages of proceedings ...... 9596 6,699 . . Extensions of Remarks ...... 1,395 . . Public bills enacted into law ...... 10 . . . . Civilian nominations (FS, PHS, CG, NOAA), totaling 1006, disposed Private bills enacted into law ...... 0 . . . . of as follows: Bills in conference ...... 2 . . . . Confirmed ...... 805 Measures passed, total ...... 154 183 . . Unconfirmed ...... 201 Senate bills ...... 26 12 . . House bills ...... 15 65 . . Senate joint resolutions ...... 1 . . . . Air Force nominations, totaling 10,203, disposed of as follows: House joint resolutions ...... 0 3 . . Confirmed ...... 9,987 Senate concurrent resolutions ...... 4 2 . . Unconfirmed ...... 216 House concurrent resolutions ...... 11 14 . . Simple resolutions ...... 97 87 . . Measures reported, total ...... *118 *164 . . Army nominations, totaling 7,855, disposed of as follows: Senate bills ...... 81 1 . . Confirmed ...... 7,538 House bills ...... 8 94 . . Unconfirmed ...... 317 Senate joint resolutions ...... 3 . . . . House joint resolutions ...... 2 4 . . Senate concurrent resolutions ...... 3 . . . . Navy nominations, totaling 6,163, disposed of as follows: House concurrent resolutions ...... 3 . . Confirmed ...... 5,470 Simple resolutions ...... 21 62 . . Unconfirmed ...... 693 Special reports ...... 11 2 . . Conference reports ...... 0 7 . . Measures pending on calendar ...... 93 30 . . Marine Corps nominations, totaling 2,558, disposed of as follows: Measures introduced, total ...... 1,218 2,358 . . Confirmed ...... 1,791 Bills ...... 1,014 1,996 . . Unconfirmed ...... 766 Joint resolutions ...... 36 99 . . Withdrawn ...... 1 Concurrent resolutions ...... 20 81 . . Simple resolutions ...... 148 182 . . Summary Quorum calls ...... 3 13 . . Yea-and-nay votes ...... 296 117 . . Total nominations received this session ...... 28,059 Recorded votes ...... 338 . . Total confirmed ...... 25,748 Bills vetoed ...... 1 . . Total unconfirmed ...... 2,309 Vetoes overridden ...... Total withdrawn ...... 2

* These figures include all measures reported, even if there was no accom- panying report. A total of 101 reports has been filed in the Senate; a total of 175 reports has been filed in the House. D 828 CONGRESSIONAL RECORD — DAILY DIGEST July 10, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Tuesday, July 11 9 a.m., Tuesday, July 11

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Votes postponed on the following morning business (not to extend beyond 9:45 a.m.), Sen- four Suspensions debated on Monday: ate will resume consideration of S. 343, Comprehensive (1) H.R. 1642, Extension of Most-Favored-Nation Sta- Regulatory Reform Act. tus to Cambodia; (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- (2) H.R. 1643, Extension of Most-Favored-Nation Sta- spective party conferences.) tus to Bulgaria; (3) H.R. 1141, Sikes Act Improvement Amendments of 1995; and (4) S. 523, Colorado River Basin Salinity Control Amendments; Complete consideration of H.R. 1868, Foreign Oper- ations Appropriations Act for fiscal year 1996 (rule pro- viding for further consideration); and Continue consideration of H.R. 1905, Energy and Water Appropriations Act for fiscal year 1996 (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Latham, Tom, Iowa, E1400 Torres, Esteban Edward, Calif., E1397 Martini, William J., N.J., E1401 Towns, Edolphus, N.Y., E1401, E1402 Bilbray, Brian P., Calif., E1397 Menendez, Robert, N.J., E1399 Waxman, Henry A., Calif., E1399 Frank, Barney, Mass., E1398 Miller, George, Calif., E1397 Yates, Sidney R., Ill., E1399 Hinchey, Maurice D., N.Y., E1397, E1400 Shays, Christopher, Conn., E1398 Jacobs, Andrew, Jr., Ind., E1400 Stupak, Bart, Mich., E1398

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.