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

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

Vol. 141 WASHINGTON, FRIDAY, JUNE 30, 1995 No. 109 House of Representatives

The House met at 10 a.m. and was The SPEAKER pro tempore. The Gephardt Lucas Ros-Lehtinen called to order by the Speaker pro tem- question is on the Chair’s approval of Gibbons Luther Roth Gilchrest Maloney Roukema pore [Mr. HASTERT]. the Journal. Gilman Manzullo Roybal-Allard f The question was taken; and the Gonzalez Martinez Royce Speaker pro tempore announced that Goodlatte Martini Salmon DESIGNATION OF SPEAKER PRO the ayes appeared to have it. Goodling Mascara Sanford Gordon Matsui Saxton TEMPORE Mr. MURTHA. Mr. Speaker, I object Goss McCarthy Scarborough to the vote on the ground that a Graham McCollum The SPEAKER pro tempore, laid be- Schaefer quorum is not present and make the Greenwood McDade Schiff fore the House the following commu- point of order that a quorum is not Gunderson McDermott Schumer nication from the Speaker: Gutknecht McHale Seastrand present. Hall (TX) McHugh WASHINGTON, DC, Sensenbrenner The SPEAKER pro tempore. Evi- Hamilton McInnis June 30, 1995. Shadegg dently a quorum is not present. Hancock McIntosh Shaw I hereby designate the Honorable J. DENNIS The Sergeant at Arms will notify ab- Hansen McKeon Shays HASTERT to act as Speaker pro tempore on Hastert Meehan sent Members. Shuster this day. Hastings (WA) Metcalf Sisisky NEWT GINGRICH, The vote was taken by electronic de- Hayworth Meyers Skeen Speaker of the House of Representatives. vice, and there were—yeas 305, nays 69, Hefner Mica Smith (MI) answered ‘‘present’’ 3, not voting 57, as Heineman Miller (CA) Smith (NJ) f Hilleary Miller (FL) Smith (TX) follows: Hobson Minge Smith (WA) Holden Mink PRAYER [Roll No. 465] Solomon Horn Molinari YEAS—305 Souder The Chaplain, Rev. James David Houghton Montgomery Spence Ackerman Bryant (TN) Deutsch Hoyer Moran Ford, D.D., offered the following pray- Spratt Allard Bunn Diaz-Balart Hunter Morella er: Stearns Andrews Bunning Dickey Hyde Murtha Stenholm Remind us, O God, that along with Archer Burr Dicks Inglis Myers Stokes Armey Buyer Dixon Istook Nethercutt the changes of the times, there is also Studds Bachus Callahan Doggett Jackson-Lee Neumann the unchanging; that along with all the Stump Baesler Calvert Dooley Johnson (CT) Norwood Stupak transient values, there are also eternal Baker (LA) Camp Doyle Johnson, Sam Nussle Talent values; that along with limited rela- Ballenger Canady Dreier Johnston Olver tionships, there are also abiding friend- Barcia Cardin Duncan Jones Ortiz Tanner Barr Castle Dunn Tate ships; that along with all the new Kanjorski Orton Barrett (NE) Chabot Ehlers Kelly Oxley Tauzin words of each day, there is also Your Barrett (WI) Chambliss Ehrlich Kennedy (MA) Packard Taylor (NC) Barton Christensen Emerson enduring Word. For all Your good gifts Kennelly Pallone Tejeda Bass Chrysler Engel Kildee Parker Thomas and for Your continuing presence with Bateman Clement English Kim Pastor Thornberry us in every moment of life, we offer Beilenson Clinger Ensign King Paxon Thurman Bentsen Coble Eshoo these words of thanksgiving and praise. Kingston Payne (VA) Tiahrt Bereuter Coburn Everett Amen. Klug Pelosi Torkildsen Berman Collins (GA) Ewing Torres f Bevill Combest Farr Knollenberg Peterson (FL) Kolbe Peterson (MN) Torricelli Bilbray Condit Fields (LA) Towns Bilirakis Conyers Flake LaHood Petri THE JOURNAL Traficant Bishop Cooley Flanagan Lantos Pomeroy Upton The SPEAKER pro tempore. The Bliley Cox Foley Largent Porter Latham Portman Vento Chair has examined the Journal of the Blute Coyne Forbes Boehlert Cramer Fox LaTourette Poshard Vucanovich last day’s proceedings and announces Boehner Crapo Frank (MA) Laughlin Pryce Walker to the House his approval thereof. Bonilla Cremeans Franks (CT) Lazio Quillen Wamp Ward Pursuant to clause 1, rule I, the Jour- Bonior Cubin Franks (NJ) Lewis (CA) Ramstad Borski Cunningham Frelinghuysen Lewis (KY) Reed Watt (NC) nal stands approved. Boucher Danner Frisa Lightfoot Regula Waxman Mr. MURTHA. Mr. Speaker, pursuant Brewster Davis Frost Linder Rivers Weldon (PA) to clause 1, rule I, I demand a vote on Browder de la Garza Funderburk Lipinski Roberts Weller Brown (FL) Deal Furse Livingston Roemer White agreeing to the Speaker’s approval of Brown (OH) DeLauro Ganske LoBiondo Rogers Whitfield the Journal. Brownback DeLay Gejdenson Longley Rohrabacher Wicker

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 6659 H 6660 CONGRESSIONAL RECORD — HOUSE June 30, 1995 Wolf Wyden Young (FL) MOTION TO ADJOURN Gilman Linder Ros-Lehtinen Woolsey Wynn Zeliff Gonzalez Lipinski Rose Mr. WISE. Mr. Speaker, I move that Goodlatte Livingston Roth NAYS—69 the House do now adjourn. Goodling LoBiondo Roukema Baldacci Hall (OH) Ney The SPEAKER pro tempore. The Gordon Longley Royce Brown (CA) Hastings (FL) Obey Goss Lucas Salmon Burton Hefley Payne (NJ) question is on the motion offered by Graham Luther Sanford Chapman Hilliard Pickett the gentleman from West Virginia [Mr. Green Manzullo Saxton Greenwood Martini Clay Hoekstra Rahall WISE]. Scarborough Clayton Jacobs Rangel Gunderson McCollum Schaefer Clyburn Jefferson Richardson The question was taken; and the Gutknecht McCrery Schiff Coleman Johnson (SD) Rush Speaker pro tempore announced that Hall (TX) McDade Seastrand Costello Johnson, E. B. Sabo the noes appeared to have it. Hamilton McHale Sensenbrenner Hancock McHugh Crane Kaptur Sawyer Mr. WISE. Mr. Speaker, on that I de- Shadegg DeFazio Kleczka Schroeder Hansen McInnis Shaw Dingell LaFalce Scott mand the yeas and nays. Hastert McIntosh Shays Durbin Levin Skaggs The yeas and nays were ordered. Hastings (WA) McKeon Shuster Hayes Menendez Evans Lewis (GA) Slaughter Skeen The vote was taken by electronic de- Hayworth Metcalf Fattah Lincoln Stockman Smith (MI) vice, and there were—yeas 130, nays Hefley Meyers Fawell Lowey Thompson Smith (TX) Hefner Mica Fazio McKinney Thornton 263, not voting 41, as follows: Smith (WA) Heineman Miller (FL) Filner McNulty Velazquez Solomon [Roll No. 466] Herger Minge Foglietta Meek Visclosky Souder Hilleary Molinari Ford Menendez Volkmer YEAS—130 Spence Hobson Montgomery Geren Mineta Wise Ackerman Ford Olver Stearns Hoekstra Morella Gillmor Mollohan Yates Andrews Frank (MA) Stenholm Owens Horn Murtha Green Neal Zimmer Baesler Frost Stump Pallone Hostettler Myers Baldacci Furse ANSWERED ‘‘PRESENT’’—3 Pastor Houghton Myrick Stupak Barcia Gejdenson Payne (NJ) Hunter Nethercutt Talent Edwards Harman Nadler Bentsen Gephardt Payne (VA) Hutchinson Neumann Tanner Berman Gutierrez Peterson (FL) Hyde Ney Tate NOT VOTING—57 Bevill Hall (OH) Pomeroy Inglis Norwood Tauzin Bishop Harman Abercrombie Hinchey Quinn Rangel Istook Nussle Taylor (MS) Bonior Hastings (FL) Baker (CA) Hoke Radanovich Reed Johnson (CT) Ortiz Taylor (NC) Boucher Hilliard Bartlett Hostettler Reynolds Johnson, Sam Orton Tejeda Browder Holden Richardson Becerra Hutchinson Riggs Johnston Oxley Thomas Brown (CA) Hoyer Rivers Bono Kasich Rose Jones Packard Thornberry Brown (FL) Jackson-Lee Roybal-Allard Bryant (TX) Kennedy (RI) Sanders Kasich Parker Thornton Brown (OH) Johnson (SD) Rush Chenoweth Klink Serrano Kelly Paxon Thurman Clay Johnson, E. B. Sabo Collins (IL) Leach Skelton Kildee Pelosi Tiahrt Clayton Kanjorski Sanders Collins (MI) Lofgren Stark Kim Peterson (MN) Torkildsen Clyburn Kaptur Sawyer Dellums Manton Taylor (MS) King Petri Traficant Coleman Kennedy (MA) Schroeder Doolittle Markey Tucker Kingston Pickett Upton Collins (IL) Kennelly Schumer Dornan McCrery Waldholtz Kleczka Pombo Visclosky Collins (MI) LaFalce Fields (TX) Mfume Walsh Scott Klug Porter Vucanovich Conyers Lantos Fowler Moakley Waters Sisisky Knollenberg Portman Walker Coyne Lewis (GA) Gallegly Moorhead Watts (OK) Skaggs Kolbe Poshard Wamp Danner Lofgren Gekas Myrick Weldon (FL) Slaughter LaHood Pryce Waxman de la Garza Lowey Gutierrez Oberstar Williams Spratt Largent Quillen Weldon (PA) DeFazio Maloney Hayes Owens Wilson Stark Latham Quinn Weller DeLauro Markey Herger Pombo Young (AK) Stockman LaTourette Rahall White Deutsch Mascara Stokes Laughlin Ramstad Whitfield Dicks Matsui b 1021 Studds Lazio Regula Wicker Dingell McCarthy Thompson Levin Riggs Wolf Mrs. MEEK of Florida changed her Dixon McDermott Torres Lewis (CA) Roberts Wyden Dooley McKinney vote from ‘‘yea’’ to ‘‘nay.’’ Torricelli Lewis (KY) Roemer Young (FL) Durbin McNulty Lightfoot Rogers Zeliff Mr. DIXON, Ms. DANNER, and Ms. Engel Meehan Towns Lincoln Rohrabacher Zimmer RIVERS changed their vote from Ensign Meek Tucker ‘‘nay’’ to ‘‘yea.’’ Eshoo Miller (CA) Velazquez Vento NOT VOTING—41 So the Journal was approved. Evans Mineta Farr Mink Volkmer Abercrombie Gallegly Radanovich The result of the vote was announced Fattah Mollohan Ward Baker (CA) Gibbons Reynolds as above recorded. Fazio Moran Watt (NC) Becerra Hinchey Serrano Fields (LA) Nadler Wise Bono Hoke Skelton f Filner Neal Woolsey Bryant (TX) Jacobs Smith (NJ) Flake Oberstar Wynn Chenoweth Jefferson Waldholtz PLEDGE OF ALLEGIANCE Foglietta Obey Yates Coburn Kennedy (RI) Walsh Condit Klink Waters Cramer Leach The SPEAKER pro tempore (Mr. NAYS—263 Watts (OK) Dellums Manton HASTERT). Will the gentleman from Allard Burton Diaz-Balart Weldon (FL) Dornan Martinez Archer Buyer Dickey Williams New York [Mr. SOLOMON] come forward Fields (TX) Mfume Armey Callahan Doggett and lead the House in the Pledge of Al- Flanagan Moakley Wilson Bachus Calvert Doolittle Fowler Moorhead Young (AK) legiance. Baker (LA) Camp Doyle Ballenger Canady Dreier Mr. SOLOMON. Mr. Speaker, if the b 1041 House would come to order, this week Barr Cardin Duncan Barrett (NE) Castle Dunn Mr. TEJEDA and Mr. ORTIZ changed the House passed a constitutional Barrett (WI) Chabot Edwards amendment with strong bipartisan sup- Bartlett Chambliss Ehlers their vote from ‘‘yea’’ to ‘‘nay.’’ port to pledge allegiance to that flag. Barton Chapman Ehrlich Ms. ROYBAL-ALLARD changed her Bass Christensen Emerson vote from ‘‘nay’’ to ‘‘yea.’’ Would the gentleman from Ohio [Mr. Bateman Chrysler English TRAFICANT] come over here in a bipar- Beilenson Clement Everett So the motion to adjourn was re- tisan effort and join me in leading the Bereuter Clinger Ewing jected. Pledge of Allegiance. Bilbray Coble Fawell Bilirakis Collins (GA) Foley The result of the vote was announced The SPEAKER pro tempore. The gen- Bliley Combest Forbes as above recorded. tleman from New York was recognized Blute Cooley Fox f to lead the House in the Pledge. Boehlert Costello Franks (CT) Boehner Cox Franks (NJ) Mr. SOLOMON led the Pledge of Alle- Bonilla Crane Frelinghuysen LEGISLATIVE PROGRAM giance as follows: Borski Crapo Frisa (Mr. GEPHARDT asked and was I pledge allegiance to the Flag of the Brewster Cremeans Funderburk Brownback Cubin Ganske given permission to address the House United States of America, and to the Bryant (TN) Cunningham Gekas for 1 minute.) Republic for which it stands, one nation Bunn Davis Geren under God, indivisible, with liberty and Bunning Deal Gilchrest Mr. GEPHARDT. Mr. Speaker, I wish justice for all. Burr DeLay Gillmor to inquire about the schedule. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6661 I yield to the gentleman from Texas we take up the rules, and Members do riod of 3 years. It also expands this op- [Mr. ARMEY], the distinguished major- not have to stay in the well of the tion to seniors in all 50 States, and ity leader, to announce the schedule House? puts it on track to finally becoming for the rest of the day. The SPEAKER pro tempore. The permanent if the Secretary of Health Mr. ARMEY. Mr. Speaker, I thank Chair cannot anticipate what votes and Human Services certifies that the the gentleman for yielding to me. will come forward. program has met certain conditions. Mr. Speaker, it is our intention f In addition, the conference agree- today, as we are prepared to proceed on ment clarifies that the definition of a the rule for Medicare select, and then MESSAGE FROM THE PRESIDENT State, for the purposes of this bill, in- immediately after that, to move on to A message in writing from the Presi- cludes the District of Columbia and the Medicare select. As the Speaker knows, dent of the United States was commu- territories of the United States: Guam, this is very important legislation, and nicated to the House by Mr. Edwin Puerto Rico, the Virgin islands, and the timing is critical because of a dead- Thomas, one of his secretaries. American Samoa. line that must be met. f In order to expedite consideration of Following our completion of work on this conference agreement in the Medicare select, it is our intention to CONFERENCE REPORT ON H.R. 483, House, and to ensure that seniors will move on to the adjournment resolu- MEDICARE SELECT POLICIES have uninterrupted coverage, the Com- tion, which needs a rule; so we will be Ms. PRYCE. Mr. Speaker, by direc- mittee on Rules has reported a doing the rule and then the adjourn- tion of the Committee on Rules, I call straightforward and fair rule for this ment resolution. Any other business up House Resolution 180 and ask for its very necessary legislation. scheduled for today is business that we immediate consideration. Specifically, the rule provides for 1 can put over until after the Fourth of The Clerk read the resolution, as fol- hour of general debate on the con- July work recess so that upon comple- lows: ference report, equally divided and con- tion of the adjournment resolution, trolled by the chairman and ranking H. RES. 180 pending action in the Senate, we ought minority member of the Committee on to be able to have completed our day’s Resolved, That, upon adoption of this reso- Commerce. lution it shall be in order to consider the The rule also stipulates that the pre- work. That ought to enable us to get conference report to accompany the bill our Members well on their way to their (H.R. 483) to amend title XVIII of the Social vious question shall be considered as districts for the district work period by Security Act to permit medicare select poli- ordered on the conference report to the scheduled 3 o’clock departure time. cies to be offered in all States, and for other final adoption without any intervening Mr. GEPHARDT. Mr. Speaker, I purposes. All points of order against the con- motion. would simply inquire of the gentleman, ference report and against its consideration Under the rule, all points of order this obviously means that changes in are waived. The conference report shall be against the conference report and its committee assignments will be held debatable for one hour equally divided and consideration are waived. While the until after the Fourth of July recess? controlled by the chairman and ranking mi- Rules Committee generally prefers to nority member of the Committee on Com- Mr. ARMEY. Mr. Speaker, if the gen- merce. The previous question shall be consid- avoid handing out such blanket waiv- tleman will continue to yield, let me ered as ordered on the conference report to ers, this waiver and the rule itself are say, we would anticipate that action to final adoption without intervening motion. necessary because of a potential viola- take place sometime after 6 on Mon- Upon the adoption of the conference report, tion of clause 3 of rule XXVIII (28), day, the 10th. Senate Concurrent Resolution 19 shall be which prohibits the inclusion of mat- As the Members might want to be re- considered as agreed to. ters in a conference report beyond the minded, we have tried to conclude the The SPEAKER pro tempore. The gen- scope of matters committed to con- district work period by a return on tlewoman from Ohio [Mrs. PRYCE] is ference by either Chamber. Monday, the 10th, that would involve recognized for 1 hour. A question has arisen as to the appar- no votes before 5 on Monday, the 10th, Ms. PRYCE. Mr. Speaker, for the ent lack of definition of the term State to give that day to the Members for purposes of debate only, I yield the cus- in either the House or Senate-passed travel with a sense of security that tomary 30 minutes to the distinguished bills. As I mentioned earlier in my they would not face a vote prior to 5 gentleman from California [Mr. BEIL- statement, the conference report con- and have the opportunity to make ENSON], pending which I yield myself tains a definition of States which in- their trip. such time as I may consume. cludes the District of Columbia and That being the case, we would not, During consideration of this resolu- U.S. territories. since there seems to be a high interest tion, all time yielded is for the purpose The waiver granted in the rule is a in this matter of the committee ap- of debate only. precautionary step to ensure that pas- pointment, we would not begin consid- Mr. Speaker, time is of the essence. sage of this critical legislation is not eration of the committee appointment Once again, that is the basic principle unnecessarily stalled by this particular until after 6, probably, on Monday, the underlying our consideration of legisla- provision or by any other unforeseen, 10th. But we should, as I think we have tion to extend the Medicare Select yet potential violation contained in indicated, expect that votes might Demonstration Program. the conference report. begin as early as 5 on Monday, the 10th. In April, the Rules Committee re- Members might be interested to So we would do the four scheduled ported a timely rule for H.R. 483. know, also that this rule fully complies suspensions and then move on to the Today, we bring to the floor a rule with the 3-day availability requirement Medicare select—I am sorry, the com- making in order the conference report for conference reports, as the report mittee assignment, International Rela- accompanying H.R. 483, with only was filed on June 22. tions, Appropriations, Resources, and hours to go before this valuable pro- Mr. Speaker, the conference agree- so on as the week goes by. Monday gram is set to expire. ment provides a reasonable balance to night we will do the committee assign- In 1990, Congress created the 15-State permit a very valuable, and successful ment after 6. demonstration Medicare Select Pro- program for our senior citizens to con- Mr. GEPHARDT. Mr. Speaker, I gram to allow Medicare recipients the tinue, while allowing us time to evalu- thank the gentleman. opportunity of purchasing a Medigap ate the program more closely before f managed care option. The project in making it permanent. those states is set to expire today,June Our colleagues should keep in mind PARLIAMENTARY INQUIRY 30, and unless Congress takes prompt that the Medicare Select Program pro- Mr. SOLOMON. Mr. Speaker, I have a action to renew it, the insurance bene- vides seniors with another viable op- parliamentary inquiry. fits of nearly half a million senior citi- tion to receive affordable medical care. The SPEAKER pro tempore (Mr. zens covered by the Medicare Select Premiums under the select option have HASTERT). The gentleman will state it. Program would be in serious jeopardy. resulted in savings as high as 37 per- Mr. SOLOMON. Is it true that there The conference agreement extends cent over traditional Medigap policies. will not be an intervening vote before the Medicare Select Program for a pe- By giving older Americans more H 6662 CONGRESSIONAL RECORD — HOUSE June 30, 1995 choices within Medigap, we give them Nonetheless, we understand that the they had a number of significant scope the flexibility to choose plans which proponents of this legislation feel it is violations in a two-page bill. meet their own special or individual important to complete consideration Clearly slovenly legislation, slovenly needs. as soon as possible to ensure that the legislative process is before this body. In closing, I would remind our col- beneficiaries currently enrolled in the The issues presented in the statement leagues that the sponsors of this legis- program do not lose their coverage. of managers and in the offers passed back and forth between the House and lation have made it very clear that the b House needs to act on this bill before 1100 Senate were presented as merely tech- leaving for the Fourth of July district In addition, Mr. Speaker, the con- nical, but they were in fact highly sub- work period. The Medicare Select Pro- ference report extends the authoriza- stantive, and they will, for example, gram is only hours away from expiring. tion for the program for only 3 rather try to make gifts through these devices More than 450,000 Medicare bene- than the 5 years included in the origi- to the health insurance industry. ficiaries will be impacted if the Medi- nal House and Senate bills. It also al- The result of this action is also to as- care Select Program is not renewed. lows the Secretary of HHS to dis- sure that the study which should take The Senate adopted the conference re- continue the program at the end of 5 place to find out what is really going port on June 26. This rule will enable years, if it is determined that the pro- to happen under this Medicare Select the House do to its part for our senior gram results in higher premium costs Program will be so crafted as to make citizens. to beneficiaries or increased costs to it very difficult to in fact obtain the Mr. Speaker, House Resolution 180 is the Medicare Program itself. necessary facts that the Congress a fair, balanced, and responsible rule. This issue of cost is, Mr. Speaker, of ought to have, to know whether we It was approved unanimously by the course one of the real major and regu- ought to continue to extend this out- Rules Committee last night, and I urge lar concerns about Medicare Select. rage, or whether in fact we ought to my colleagues on both sides of the aisle Our colleagues will fully discuss all of terminate it, as we indeed should. to give it their full support. this during the debate on the con- The scope of the bill was expanded so Mr. Speaker, I reserve the balance of ference report. that insurance companies can sell my time. We have absolutely no objection to highly questionable policies not only in Mr. BEILENSON. Mr. Speaker, I the rule reported by the Committee on 50 States but in the territories and in thank the gentlewoman from Ohio for Rules last evening for consideration of the District of Columbia as well. I am yielding time to me. I yield myself this conference report. We urge our col- certain that there are a number of such time as I may consume. leagues to approve the rule so we may guileless, unsuspecting elderly consum- Mr. Speaker, we support the rule proceed with consideration of H.R. 483 ers in these locations that can be which, as my colleague and friend on today. plucked for further advantage and fur- the Committee on Rules has pointed Mr. Speaker, I yield such time as he ther economic benefit to the health in- out, waives all points of order against may consume to the distinguished gen- surance industry. the conference report and is necessary tleman from Michigan [Mr. DINGELL]. Of course, the health insurance in- because the conferees added new mate- (Mr. DINGELL asked and was given dustry will profit mightily from this rial not included in the House or the permission to revise and extend his re- further largesse by this Congress under Senate bill. marks.) the Republican leadership at the ex- The addition is minor. That is why Mr. DINGELL. Mr. Speaker, this is a pense of the taxpayers, at the expense we agreed unanimously last night to bad rule, it is a bad bill, it is bad legis- of the budget, and at the expense of this rule for the conference report. lation, it has been handled poorly, it is Medicare recipients. The legislation we are about to con- going to hurt the American people, it The subjects of the GAO study in the sider under this rule would expand the is going to raise the cost of Medicare, bill was changed, so it will be more dif- availability of an experimental and it is going to be generally bad for ficult for us to get GAO to present us Medigap Program, known as Medicare the economy, the country, and the with options for modifying the Select, from 15 States to the rest of the budget. Having said, that, Mr. Speaker, MediGap market, and therefore, to be country. The Medicare Select Program it is probably OK to proceed. sure that the seniors who switch out of makes available to senior citizens a I would urge my colleagues to vote these Medicare select policies can do so managed care insurance policy to fill this rule down. I would urge them with in a way where they can get back into in the gaps of Medicare coverage. It equal vigor and diligence to vote down a decent package of insurance. differs from other Medigap policies the legislation. The bill is being pushed Understand, this is insurance which that require senior citizens to partici- more rapidly than information is avail- does not go on a level basis, it starts at pate in the insurer’s selected network able, and more rapidly than the com- about $870 a year, if one is 65, but by of health care providers in order to re- mittee or the House is being permitted the time one has reached 85, it is going ceive payment for Medicare’s cost to gather the facts about what the leg- to cost $2,300 or $2,400. Nobody is tell- sharing amounts. islation does. ing the senior citizens about that at There have been a number of sub- Initial information shows that Medi- all. Of course, the process here has stantial concerns raised about the op- care has had its costs increased 17 per- been crafted so as to proceed with such eration of Medicare Select Programs. cent on the average in States in which blinding speed that no one will see that In its initial estimate of the bill, CBO this Medicare Select Program has been the senior citizens, the Medicare trust noted that a preliminary study of this made available. What that means is fund, the American people, are going to program by the Health Care Financing that senior citizens are getting less for get skinned by this outrage. Administration found very little man- more, and the Medicare system is get- Mr. Speaker, I urge my colleagues to agement of care by the insurers and no ting billed more for less. This is a won- vote against the rule. I urge them to measurable cost savings to Medicare. derful giveaway to the health insur- vote against the bill. I predict that if In addition, preliminary data for a ance companies. It is being crafted in a this bill passes and is signed into law, subsequent study indicate that Medi- fashion which defies good explanation. we are going to find that Medicare is care costs have actually gone up in The rule is needed today because the going to cost the taxpayers and the eight of the States where these pro- Republican leadership pushed this bill trust fund about an additional 17 per- grams now operate. Many of us had through the House without adequate cent. I tell the Members, they should hoped that we would be able to post- thought, and then rushed it to a con- put that in their book. They are going pone final consideration of the bill ference which did not deserve that hon- to have a chance to remember that until results of the subsequent study orable title between the House and when we review this legislation. are available to the Congress sometime Senate. We had a conferees meeting, Ms. PRYCE. Mr. Speaker, I yield 1 this fall. We would be in a better posi- which was scheduled for 5 p.m. one day minute to the distinguished gentleman tion to evaluate the usefulness and last week. It was over at 5:01 p.m. Only from California [Mr. THOMAS], chair- cost of this alternative program to the yesterday did the Republican leader- man of the Subcommittee on Health of elderly who choose to participate in it. ship become aware of the fact that the Committee on Ways and Means. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6663 Mr. THOMAS. Mr. Speaker, I had not Mr. STARK. Mr. Speaker, I thank gentleman from California, for yielding planned to speak, but I do want to put the distinguished gentleman for yield- me this time. the statements of the gentleman from ing time to me. Mr. Speaker, I voted for the Medicare Michigan in context. He was one of the Mr. Speaker, I rise in hopeless oppo- Select bill as it first came up, and now 14 who voted against the bill origi- sition to a rule that was crafted in the I intend to support the conference com- nally. There were 408 Members who dead of night, and I rise to warn the mittee report. But I have some concern supported it. American public. The gentleman from about it, in light of the big picture. Mr. Speaker, on April 4 he sent out a Michigan [Mr. DINGELL], who spoke a That is what we need to look at today Dear Colleague letter that said, ‘‘Why few minutes ago, was absolutely cor- on this House floor. I hope the Amer- the rush to bring H.R. 483 to the floor rect. This is terribly flawed legislation. ican people are looking at it, particu- this week?’’ He just in the well stated, This bill destroys a fairly good idea. larly those people who are senior citi- This bill has been introduced and ‘‘Why the rush on moving forward with zens. this legislation?’’ June 30, today, is the written by former operatives of the expiration date for this program. I health insurance industry. It Mr. Speaker, the budget resolution would think that is why the rush argu- deregulates supplemental insurance, was passed yesterday, planning $270 bil- ment has been laid to rest. and provides an opportunity for the lion in cuts in Medicare, and at the As far as scope is concerned, we said worst shylocks in the health insurance same time providing tax cuts of $245 it was going to be available to 50 industry to steal from the Medicare billion. I do not think it makes sense States. The majority on the other side system and from our seniors. that today, the very next day, we have of the aisle, in their wisdom, decided to Sitting right over there is a man a conference committee report on Med- contest that; since the 50 States was who, within the past year, has received icare Select, which supplements the extending it to the District of Colum- hundreds of thousands of dollars from same Medicare Program that was cut bia and Puerto Rico, as according to the health insurance industry. He is a yesterday. the Social Security Act, they were Republican Committee on Ways and Those of us who support the HMO going to argue that was out of scope, so Means staff person who drafted this bill concept and managed care, still sup- we simply went to the Committee on for the health insurance industry. port the individual making that deci- Rules to make sure that we could in- Mr. Speaker, they are entitled to get sion. However, with what happened clude the District of Columbia and payback for the huge contributions yesterday and what will happen over Puerto Rico in the scope. they made to the Speaker’s campaign the next few years, we will see that As to the GAO study, I think the gen- funds. That is OK. We know that goes freedom of choice for our seniors and tleman from Michigan [Mr. DINGELL] on. However, I am telling the Members, future seniors limited. It has not hap- knows that we do not need legislation Mr. Speaker, that what has happened pened yet, but we are setting the stage to get a GAO study. A Member just has here presages doom. If this kind of for it, as we stand here. to ask. sloppily drafted legislation is how the Mr. BEILENSON. Mr. Speaker, I Republicans think they are going to I represent the city of Houston in yield 2 minutes to the gentleman from find a way to cut $270 billion out of Harris County. We have 286,000 seniors who receive over $1.5 billion in Medi- Maine [Mr. BALDACCI]. Medicare, they would save everybody a Mr. BALDACCI. Mr. Speaker, it is lot of time by just moving to eliminate care payments. A $270 billion cut na- the height of hypocrisy for the major- Medicare, because they will do it tionally over the next few years will ity party to pat themselves on the through stupidity, lack of experience, impact those seniors. Mr. Speaker, the back for restoring the Medicare Select urgency to provide help to the people Republicans seem to not understand Program, when just hours ago they cut who have feathered their campaign that health care costs are going up, $270 billion from Medicare to help pay nests, and with complete disregard for and they are going up because we are for tax breaks for the wealthy. the seniors. an aging population. To cut those sen- The Medicare Select Program is a Mr. Speaker, the seniors who sign up iors, the growth, as they say, will force good program. It is a program that for this in States where it is not regu- them to go into more managed care pays the cost for sharing of Medicare lated, and it is regulated in those and into Medicare Select like we are beneficiaries if they go into a selected States, it is regulated by no one except seeing today. list of providers, but the Medicare Se- the good conscience of the insurance We are voting on the conference com- lect Program is a supplemental pro- companies. Companies like Prudential, mittee report that offers seniors hope- gram, and after today, it has nothing who have stolen billions of dollars from fully the goal of more coverage under to supplement. seniors, companies that are under in- the HMO and more expansion, but the Medicare select is a worthwhile pro- dictment or have pled guilty and paid secret of the HMO concept for seniors gram, but this worthy program cannot $300 million, $400 million in fines are is freedom of choice, their freedom of begin to make up for the damage of the the same companies who are going to choice to go into it, not somebody in massive Medicare cuts made earlier. take care of our parents, and indeed Washington, a bureaucrat or even their Medicare select is supposed to be the ourselves, under this plan. Do not buy elected Members of Congress saying, frosting on the Medicare cake, not the into that. ‘‘You have to go to a Medicare Select entire cake. A diet of frosting only is Mr. Speaker, this is just a precursor plan.’’ bound to make the stomachs of Ameri- of the Republican plan to destroy Medi- Mr. Speaker, let me repeat what we ca’s seniors upset. I know that is how I care. We will hear about it after the re- are talking about today. We will see feel today. cess. We will hear about taking $270 over the next few years senior citizens billion out of the most popular pro- GENERAL LEAVE being forced into the Medicare Select gram, the most efficient insurance pro- Ms. PRYCE. Mr. Speaker, I ask unan- or other HMO programs, removing that gram in the country. It is being done at imous consent that all Members may freedom of choice as part of the way to the behest of the health insurance com- have 5 legislative days in which to re- save that $270 billion. That is what peo- panies by the Republicans. Members vise and extend their remarks on this ple need to understand. That is the fear should vote against this rule in pro- legislation. I hear from my constituents at home. The SPEAKER pro tempore. Is there test, and Members should vote against objection to the request of the gentle- the bill. Mr. Speaker, last Monday I was with woman from Ohio? Mr. BEILENSON. Mr. Speaker, I a hundred senior citizens in the city of There was no objection. yield such time as he may consume to Houston. Some of them were in the Ms. PRYCE. Mr. Speaker, I reserve the gentleman from Texas [Mr. GENE Medicare Select or the HMO that is of- the balance of my time. GREEN]. fered by a number of private contrac- Mr. BEILENSON. Mr. Speaker, I (Mr. GENE GREEN of Texas asked tors. Some of them were happy with it. yield such time as he may consume to and was given permission to revise and However, they wanted to make sure it the gentleman from California [Mr. extend his remarks.) was their choice, not the choice of the STARK], the ranking member of the Mr. GENE GREEN of Texas. Mr. U.S. Congress or that of some bureau- subcommittee. Speaker, I thank my colleague, the crat. We promised Medicare in 1965. H 6664 CONGRESSIONAL RECORD — HOUSE June 30, 1995 Frankly, if we waited for the Repub- Mr. BEILENSON. Mr. Speaker, I Mr. BEILENSON. Mr. Speaker, I lican majority to provide for Medicare yield 3 minutes to the gentleman from yield 7 minutes to the gentleman from back then, it would not be here today. North Dakota [Mr. POMEROY]. Rhode Island [Mr. KENNEDY]. Mr. KENNEDY of Rhode Island. Mr. b 1115 Mr. POMEROY. Mr. Speaker, it has been a contentious, partisan week in Speaker, I was among those who voted I guess what I am concerned about is the House of Representatives, and against it when it came to the floor the forced cuts, Mr. Speaker, particu- much of the division has involved the last time, and I want to correct some- larly in the budget bill passed yester- Medicare Program. The budget passed thing that my colleague was talking day with the change in the Consumer by this House yesterday on a largely about in terms of leaving it up to the Price Index, and again in light of what partisan vote imposes cuts of $284 bil- States. is happening today with this bill. lion that will be devastating to the Maybe it was good for North Dakota, We will see the Consumer Price Index program. and I am sure my colleague, when he readjusted to where the cost of living That will definitely mean higher out- was an insurance commissioner, looked increases in Social Security will be re- of-pocket costs for seniors and less out for the consumers, but I can tell duced. That reduction, with the in- choice. I feel bad about that issue this you the problem with having 50 dif- crease in Medicare expenditures, will morning and bad about the way the ferent select plans, 50 different select cost senior citizens who are now receiv- House resolved it and anxious about plans regulated by 50 different States. ing it, and again those who are growing how those cuts will actually be put in It means that seniors in one State, like into it, those 60-year-olds, those 55- place as we deal with the legislation in my State of Rhode Island, if they year-olds who are looking forward to that is before us. have their Medicare Select MediGap be able to have some type of security It is sometimes difficult, then, to get plan and they go over to Massachu- and having medical care when they are on to other issues where there is in es- setts, it is a different plan. That, to over 65. sence no partisan division, where it is a me, does not sound like the proper ap- I like the idea of Medicare select, Mr. pretty clear and simple little bill that proach to take to this when we are Speaker, but I do not like the idea ought not have some of the rancor talking about needing comprehensive when we encompass everything to- from earlier debates spilling over into savings. gether with the cuts we will see and In addition, I just want to talk a lit- it, but that is not precisely the case the forced choices those people are tle bit about this so-called increased with the Medicare select extension be- going to have to make. I think that is choice. Under the guise of giving sen- fore us today. what we need to be concerned about. I iors increased choice, Congress is about It passed the first time in the House would hope over the Fourth of July re- to pass legislation that will in fact box of Representatives 408 to 14, most cess and over the next couple of them in. Yes, one more plan will now Democrats, most Republicans joining months and even over the next few be available, but it is a narrow one and together in a rather unusual show of years, because this will not happen it is difficult, leaving many seniors in bipartisan support for a program. Why today or tomorrow or next week, but it a potentially very risky situation. did that vote occur? Because I think will surely happen with the budget More choice do not simply mean better the Members recognized that a pro- vote yesterday to cut $270 billion out of choices. For seniors who are consider- gram such as this, a voluntary way for the growth of Medicare. ing the Medicare select policy, keep seniors to opt for an insurance program Mr. Speaker, I hope that all of our one thing in mind: This plan could be that is going to give them a premium Members remember that, when we vote hazardous to your health. for this bill. discount, that has had a successful run When Medicare select came before us Ms. PRYCE. Mr. Speaker, I yield 2 in the 15 States that have been allowed the last time, I supported an alter- minutes to the distinguished gentle- to run the Medicare Select Program, native that addressed the serious flaws woman from Connecticut [Mrs. JOHN- ought to be extended to the 50 States, in Medicare select. This amendment SON]. ought to be given a 3-year extension so would have ended the problems with Mrs. JOHNSON of Connecticut. Mr. that the marketing of this program can price rising with age, lowered the bar- Speaker, I just want to thank the pre- begin in earnest. riers that make it difficult and risky ceding speaker for his support of Medi- I know something about this pro- and dangerous for seniors to switch, care select. There were 408 Members of gram. I was the insurance commis- and would have limited the extension this House that voted for it. I hope sioner in North Dakota at the time it until we know that this is a really good every one of those 408 Members will passed. I lobbied HHS to get North Da- idea, because the jury is still out. vote for it again, because this is an en- kota into the program because I be- Let me just add, what this does it, it tirely voluntary alternative for our lieved in it. Ten thousand North Dako- puts it into the insurance companies’ seniors. In the States where it has been tans participate in this program. They hands and allows them to come up with available, it has offered them more get a monthly savings in premium the rating system. I have seen these care at a lower cost and been well-regu- amounting to 17 percent below those Medicare select plans, because in my lated by both the State and the indus- buying the Blue Cross/Blue Shield Med- State I represent the fourth most el- try and some Federal rules. icare supplement that is not Med se- derly district in this country, and the I also want to point out that as we lect. senior citizens in my State are worried reform Medicare, as we assure that Medicare select saves money. It ne- about this because they know better Medicare will be there for our seniors gotiates discounts from the hospital than we do what is coming down the and provide the quality of care that we and passes it on to the senior citizen. It road. have depended on Medicare for, we will also passes on any managed-care sav- It means that they are going to be over the next 7 years increase spending ings experienced in claims payment to able to age-rate you. What does that per senior in America from $4,800 on the senior citizen purchasing the insur- mean? That means when you get older, average to $6,700 on average. That is a ance policy. they are going to be able to jack up the one-third increase, a very solid in- What is wrong with this? Is this some premiums, and because you are locked crease in the face of declining costs in sort of diabolical plot by the evil insur- into this plan now, you are locked in the health care sector. Our seniors are ance industry? Certainly not. Certainly for life. going to be well cared for. not. It is a simple little program, it You try to switch, and guess what: While change is hard, if it is made works well, and we ought not take You are going to be paying all those with concern and in a responsible way, some of the bad feeling we have about preexisting condition prices, because we can increase the money that we some of the other discussions going on another insurance company is not make available for senior care per cap- around here and bring it to this little going to want to pick up because you ita throughout this Nation in an honor- issue. Medicare select should be passed. may have had asthma, you may have able way and one that supports the This House passed it once before, 408 to had some kind of visiting nurse care needs of retirees in this great Nation of 14, and I trust we will again this morn- you might have needed, and new plans ours. ing. are not going to want to touch you. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6665

Why? Because they are not going to said earlier, they will jack the price up [Mr. DINGELL] that it is right out in the make money off of you. Because if you on you once you get older. Once you open. That the Senate resolution mere- are sick, insurance companies do not get older, they are going to be able to ly conformed the title to what we are want to cover you. That is why we have age-rate you. doing. Government, because Government is Mr. Speaker, insurance commis- Mr. DINGELL. Mr. Speaker, I would going to regulate the private sector sioners in the various States may be ask the gentleman, is that because we when it comes to insurance, to make able to look after the senior citizens, were sloppy in the House or because sure that the private sector does not but I just think it is a really terrible the Senate was sloppy or because the run roughshod over the senior citizens approach. It is the kind of approach we conference was sloppy in the processing and take advantage of them. have been taking to everything, give it of legislation? I understand that the Believe me, if you do not think they back to the States, but on health care title is to be changed so that it no are going to do it, you have got an- I think we are making a big mistake longer refers to an amendment to the other think coming, because these when we are trying to have a patch- Social Security Act, but it refers now HMO plans are all about making work quilt. to an amendment to OBRA; is that cor- money, and they do not make money It is going to be a spot, State-by- rect? off people who are sick. They do not State approach to this problem, and I Mr. BLILEY. Mr. Speaker, if the gen- make money off senior citizens. do not think it is the right way to go. tleman will continue to yield, it is not Be careful, Members. Be careful when We need comprehensive health care re- the proper duty for us to question what you vote for the select plan, because form that regulates the insurance com- the motives of the Senate were for the Republicans did not allow enough panies on the national level, because in doing what they do. But I did point out time for us to do a proper study of this a small State like mine in Rhode Is- that the resolution does conform the and now they want to open it up to all land, these insurance companies are title to the bill. That is done all the the States under the guise of new going to be able to run roughshod over time. choice. us and we are not going to have a leg Mr. DINGELL. With great respect for What is that new choice? It is a bait- to stand on. my colleague, what this shows is this is and-switch routine. It says new choice. My State is a million people. Do you stupid legislation, further done with We do not want to face the tough think we are going to be able to stand great speed and limited wisdom. choices, so we will let this private mar- up to those insurance companies and Ms. PRYCE. Mr. Speaker, I continue ketplace reduce your benefits. That is say, ‘‘Hey, what you’re doing is to reserve my time. what we are saying. wrong’’? Forget it. We cannot do it. We Mr. BEILENSON. Mr. Speaker, I We are squeezing the Medicare budg- have got insurance companies in our yield 2 minutes to the gentleman from et. We are seeing it on the floor of this State who are already threatening to California [Mr. FAZIO]. House. We are squeezing Medicaid. We say, ‘‘We’re not going to write your Mr. FAZIO of California. Mr. Speak- are cutting the senior citizens Medi- automobile insurance anymore.’’ I do er, I had not intended to speak on this, care Program. The gentleman from not want that to happen to health care but I felt at this point that I would Ohio [Mr. KASICH], the chairman of the and it should not happen to health want to comment. The gentleman from Committee on the Budget, says we are care. Rhode Island [Mr. KENNEDY] raises not, that we are only reducing the rate Mr. BEILENSON. Mr. Speaker, I what I think are generally concerns of growth, but make no mistake about yield 2 minutes to the gentleman from about the entire way the health insur- it, there is going to be less money in Michigan [Mr. DINGELL]. ance industry is regulated in this coun- Medicare. Mr. DINGELL. Mr. Speaker, I rise to try and the problem with adverse selec- What is going to happen? There is direct a question to the manager of the tion and other factors that really can not going to be enough money to go rule. I note that in the last words in work against the interest of working around, so the MediGap select policies, the rule, it says, ‘‘Upon the adoption of that is, the supplemental insurance people and seniors generally. There is the conference report, Senate Concur- not doubt that this body needs to ad- that allows senior citizens to cover rent Resolution 19 shall be considered what Medicare will not cover, if Medi- dress unfair insurance practices and as agreed to.’’ the overall problems of our patchwork care does not have as much money as To what are we agreeing in this rule? health care systems. Furthermore, I do they had before, you better believe Can anybody help me to know what is not believe that debate over this meas- they are going to have to have more in in Senate Concurrent Resolution 19? I ure should be mistaken for the broader the way of supplemental insurance to think this is an important matter, be- debate that needs to take place over bridge the gap. Congress is passing this cause the Senate would not have protecting and improving on our Medi- Medicare select because the Repub- passed a concurrent resolution on it care system. What is important to keep licans are just about to pass all these unless it were important, but we are in mind is that this program has been cuts to Medicare. being asked to agree to this. Mr. Speaker, this idea that this is To what are we being called upon to a positive if small step, toward provid- going to save you money, this is really agree? Is this something that was con- ing more MediGap options for seniors tricky. If you join the HMO plan, you sidered in the 1-minute conference who can get additional benefits at no are not paying as much, so who would which we had between 5:00 and 5:01, or more cost. Therefore, Mr. Speaker, I rise in sup- not want to buy into that? was it some matter which was not con- port not only of this rule, but of ex- But let me warn you, in policies that sidered, which now must be considered panding this effort to experiment with have already been issued under this and added to the proceedings of this health maintenance organizations and Medicare select policy, once you are in body? the plan, it does not bar them from other forms of managed care in all 50 jacking the rates up on you. Now you b 1130 states. are stuck because you are in the plan. Mr. DINGELL. Mr. Speaker, can the While all of the data on this program You have signed your rights away as a gentleman from Virginia [Mr. BLILEY], is not conclusive, in my state of Cali- consumer. my good friend, tell me what momen- fornia, this demonstration project ap- And guess what? Let’s say your doc- tous Senate concurrent resolution we pears to be working. Seniors have the tor leaves the plan and you want to go are adopting in the rule and why we choice of opting for managed care back to your doctor. Forget it. Under could not consider it out in the open MediGap programs or they can stick Medicare select you cannot do that, be- and have everyone know what we are with a more traditional fee-for-service cause if your doctor is not on the list doing here? type MediGap Program. It is their of approved doctors, you are not going Mr. BLILEY. Mr. Speaker, will the choice. to get that doctor. Let’s say you want gentleman yield? There is a high rate of consumer sat- to switch and follow your doctor. You Mr. DINGELL. I yield to the gen- isfaction with these plans. Last year cannot do that. tleman from Virginia. Consumer Reports Magazine rated the Then as far as the prices, initially Mr. BLILEY. Mr. Speaker, I would top 15 MediGap insureres nationwide. you have got a lower price, but like I say to the gentleman from Michigan Eight of them were from the Medicare H 6666 CONGRESSIONAL RECORD — HOUSE June 30, 1995 Select Program. And while we need allows seniors to choose a medicare benefits or (3) it has significantly diminished more analysis, there are strong indica- package modeled on a preferred provider de- access to and quality of care. I think tions that the program could eventu- livery system of health care. The Medicare Se- the bill provides for a reasonable bal- ally keep costs down. lect policy allows seniors to buy a less expen- ance that will permit a valuable and I must emphasize that this is not a sive MediGap insurance policy which wraps innovative program for our senior citi- carte blanche extension. Medicare se- around the traditional medicare benefit. It rep- zens to be continued while permitting a lect cannot become permanent if the resents the new wave of innovative managed more informed evaluation of the pro- Secretary of Health and Human Serv- care delivery options that the private sector is gram. We must remember that Medi- ices determines that it costs the Gov- currently using to hold down the rise in health care Select is a MediGap insurance pol- ernment money, that it did not save care costs. Let us remember that for those el- icy which provides seniors with an- beneficiaries money, and did not pro- derly who choose a MediGap policy, it is 1 of other option to receive medical care. vide quality health care. And I think it 11 options currently available. By giving the elderly more choices is the responsibility of both sides of the I urge my colleagues to pass this rule so within MediGap we give them the op- aisle to make sure that all three of that we can enact this legislation swiftly. Our tion to pick plans which meet their in- those criteria are met and that we senior citizens deserve no less. dividual needs. back the Health and Human Services Mr. BEILENSON. Mr. Speaker, I have In my view, we must not allow this Secretary if she or any of her succes- no further requests for time, and I program to expire. It is unfair to both sors determine that we have failed to yield back the balance of my time. participants and insurers alike to have meet this criteria. Ms. PRYCE. Mr. Speaker, I have no to worry about what the Congress will Mr. Speaker, I would hope that this further requests for time, I yield back do next. Medicare Select is a small but Congress, while supporting this today, the balance of my time, and I move the important program, and I might add, a will pay attention to the data that re- previous question on the resolution. highly regulated program. It is regu- sults from these further experimen- The previous question was ordered. tations. Medicare select is an impor- lated under the Federal MediGap The resolution was agreed to. standards. There are additional Federal tant test case for the Medicare system. A motion to reconsider was laid on Mr. BLILEY. Mr. Speaker, I rise in support statutory standards for select policies, the table. plus our States’ insurance departments of the rule waiving points of order on the Med- Mr. BLILEY. Mr. Speaker, I call up regulate them under State law. Medi- icare select conference report. the conference report on the bill (H.R. care Select saves senior citizens The Medicare select program provides Med- 483) to amend title XVIII of the Social money, provides more choice for senior icare beneficiaries with a cost effective alter- Security Act to permit Medicare Select citizens than the current Medicare risk native to typical MediGap policies. It gives policies to be offered in all States, and contract HMO, and has given them the seniors the option of purchasing a MediGap for other purposes. opportunity to secure a more com- policy for hundreds of dollars less than the The Clerk read the title of the bill. prehensive benefits package. If we do typical policy. Hundreds of thousands of Medi- The SPEAKER pro tempore (Mr. not act to extend this program, no new care beneficiaries benefit from these policies. HASTERT). Pursuant to the rule, the enrollees will be permitted to enroll in Medicare select policies, however, are sold conference report is considered as hav- select plans and we will see the ulti- through a demonstration authority which ex- ing been read. pires tonight at midnight. This conference re- (For conference report and state- mate demise of these plans. The end report will extend the program and allow all ment, see proceedings of the House of sult is bound to be significant increases States to participate in this excellent program Thursday, June 22, 1995, at page H6256.) in premiums for current enrollees. which provides less costly MediGap policies to The SPEAKER pro tempore. The gen- Medicare beneficiaries will be denied a product that saves them money and our Nation's elderly. tleman from Virginia [Mr. BLILEY] will At this late date, however, our colleagues be recognized for 30 minutes and the which has served them well. There is on the other side of the aisle were attempting no reason not to extend this program gentleman from Michigan [Mr. DIN- to delay the continuation of this program by in a responsible fashion. GELL] will be recognized for 30 minutes. raising the most obscure and nitpicking objec- The Chair recognizes the gentleman Mr. Speaker, I urge my colleagues to tions based on scope violations. There are no from Virginia [Mr. BLILEY]. join me in supporting this conference real scope problems in this conference report. report. However, the Democrats in their effort to stop GENERAL LEAVE Mr. BLILEY. Mr. Speaker, I ask Mr. Speaker, I reserve the balance of this program were resorting to technical my time. nitpicking. unanimous consent that all Members And who will be the individuals hurt if this may have 5 legislative days in which to Mr. DINGELL. Mr. Speaker, I ask program is stopped? The hundreds of thou- revise and extend their remarks on the unanimous consent that my time be sands of elderly who have purchased these conference report to accompany H.R. equally divided between myself and the policies. I ask you to support this rule so that 483. gentleman from California [Mr. we can proceed to the consideration of the The SPEAKER pro tempore. Is there STARK], a member of the Committee on conference report. A vote for this rule is a vote objection to the request of the gen- Ways and Means, and that he be per- for our Nation's Medicare beneficiaries, who tleman from Virginia? mitted to control that time. can then gain the benefits of these innovative There was no objection. The SPEAKER pro tempore. Is there MediGap policies which provide high quality Mr. BLILEY. Mr. Speaker, I yield objection to the request of the gen- care at an affordable price. myself such time as I may consume. tleman from Michigan? Mr. BILIRAKIS. Mr. Speaker, I rise in sup- Mr. Speaker, I urge my colleagues to There was no objection. join me in supporting the conference port of the rule on the conference report on Mr. DINGELL. Mr. Speaker, I yield Medicare Select. I come to the floor with a report to extend the Medicare Select myself 41⁄2 minutes. strong feeling of deja vu. When I appeared on Program. The conference report pro- (Mr. DINGELL asked and was given the floor to speak in favor of passage of H.R. vides for a 3-year extension of the pro- permission to revise and extend his re- 483 earlier this spring, I indicated how impor- gram. The report also requires the Sec- marks.) tant the Medicare Select Program was and retary of the Department of Health and how the fate of half a million beneficiaries rest- Human Services to conduct a study Mr. DINGELL. Mr. Speaker, the ed on the action taken by the House. comparing the health care costs, qual- agreement we are voting on today ex- The road to this point, in my view has been ity of care, and access to services under tends the Medicare select demonstra- unnecessarily long. If it were not for the action Medicare Select policies with other tion program to all 50 States for a 71⁄2- on the other side of the aisle, we would not be MediGap policies. The Secretary is re- year period beginning in 1992. here at the 11th hour seeking passage of a quired to establish Medicare select on It does so with no appreciation of the rule to bring this 2 page conference report to a permanent basis unless the study consequences of this. Although many the House floor. We have delayed long finds that (1) Medicare select has not support this program, I believe that be- enough. resulted in savings to Medicare Select cause Medicare cuts required by the Medicare Select is a very simple program. It enrollees, (2) it has led to significant Republican budget in the amount of is a particular type of MediGap policy which expenditures in the Medicare program, some $270 billion are so drastic, and June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6667 will require such fundamental reduc- which he had during the time or before simple, noncontroversial bill which ex- tions in the Medicare program, it is im- he got on Medicare select, he cannot tends to seniors across the country the possible to pass any Medicare legisla- carry over and have treated in any new opportunity to choose at their option a tion, including Medicare select without package. So if a person joins this Medi- Medigap program that has proven high- taking those reductions into account. care Select Program, he is locked in. ly successful, high quality, and cost ef- In addition, Mr. Speaker, as many of He cannot get out because he cannot fective, and contrary to comments that my colleagues know, we argued in the get treatment for new conditions. were made earlier a few minutes ago, committee that we should await the re- Those new conditions are carefully the CBO scores this as revenue neutral sults of the State evaluations before walled out by preexisting condition to the Medicare Fund, and the oppo- expanding this program to all 50 clauses in any new insurance policy. So nents of this know that. States. It has come to my attention he pays more and more and more and My thanks to all the members of the that the preliminary results of this he cannot get out. If his doctor moves Committee on Ways and Means and evaluation are now in, but they have or his hospital closes or some condition Committee on Commerce who have not been made available by the han- requires him to want to go to a par- made this legislation possible. I par- dlers of the legislation. ticular person, doctor, or facility for ticularly cite the outstanding work of Those results indicate that Medicare treatment and they are not included in two members of my own Committee on select is significantly associated with this HMO, that individual cannot go. Ways and Means, the gentleman from Medicare cost increases in 8 of 12 select This is Medicare select all right. It is California [Mr. THOMAS] and the gen- States. Let me repeat that. Medicare selected for the benefit of the insur- tlewoman from Connecticut [Mrs. select is associated with cost increases ance companies who are going to make JOHNSON]. It was their energy and com- in 8 of 12 States. lots of money. And they are going to mitment that brought us to this point Furthermore, the cost increase is 17.5 make it, in part, off the Medicare trust today. percent. The cost increase is 17.5 per- fund and they are going to make it in Mr. Speaker, this is a worthy pro- cent. That is not fiscal responsibility. part off of the poor little guy who is de- posal. I urge an ‘‘aye’’ vote on the con- Now, while I know these results will pendent on Medicare for providing his ference report. not be final until next month, we benefits. Mr. STARK. Mr. Speaker, I yield my- should clearly examine the results be- self such time as I may consume. b 1145 fore passing an expansion to all 50 Mr. Speaker, this conference report States. How can we possibly extend a They are going to skin the public, legislation seeks to extend and expand program that has the potential of in- and everybody is going to act with the capricious demonstration program creasing Medicare costs in all of the 50 great surprise when we find the new re- which will endanger the Medicare pro- States, as it has in the States in which turns and the new information show us gram and its beneficiaries. it is now used by the amount of 17.5 that we have in fact cost ourselves a Basically it is a license for the insur- percent? lot more money; we have in fact denied ance companies to steal. This leads one to the unfortunate Social Security and Medicare recipi- Medicare is the finest health care conclusion that my Republican col- ents benefits; and we have benefited program in the county. There is no in- leagues are willing to cut back on ben- the health insurance industry; and we surance plan in the country that offers efits to Social Security recipients and have left ourselves in a situation where more beneficiary choice. It is valued to Medicare recipients, but that they we all of a sudden find that Medicare because we in Congress have worked are not willing to lock up a program has cost a lot more. long and hard to make it so. which is going to increase costs to the I urge my colleagues, vote this down. Today by forcing a premature expan- Medicare system and to increase prof- Let us consider it in a more temperate sion of this demonstration program, its to the insurance companies. fashion, and let us consider it when we the Republicans in Congress are turn- Mr. Speaker, I therefore urge that we can have a look at all of the things, in- ing their backs on this great tradition. vote ‘‘no’’ on the conference agreement cluding the cuts in Medicare benefits Republicans are putting the interests on H.R. 483, and that we reconsider which are coming to the Medicare re- of private insurance companies ahead these changes in the light of evaluation cipients courtesy of my good friends of the Medicare program, not only in results and in the context of budget and colleagues on the Republican side this bill, but in their budget bill which reconciliation. Then we can more fully of the aisle. seeks to cut $270 billion out of the Med- examine the entire Medicare Program, Mr. BLILEY. Mr. Speaker, I yield 2 icare program, and they are ignoring which is going to be examined in minutes to the gentleman from Texas the beneficiaries who rely upon it for extenso in connection with reconcili- [Mr. ARCHER], the chairman of the their health care security. ation, because we are going to have Re- Committee on Ways and Means. This bill, as I have said before, is publican cuts in Medicare recipients, Mr. ARCHER. Mr. Speaker, I thank written by a Republican Ways and and we should include the Medicare the gentleman for yielding and com- Means staff member who, within the cost increases which will result in the pliment him on his good work on this past year, was receiving hundreds of additional beneficiary out-of-pocket bill. thousands of dollars from the health costs that will occur under this pro- It is a good conference agreement insurance industry. Talk about big gram, along with increased utilization that deserves the support of every time sellout to private interests, this and limitations on the beneficiaries’ Member of this House. The Medicare bill takes the cake. choice of providers as indicated in the Select Program expires today if we do Medicare select will be presented as a preliminary report. nothing. program without problems, just an- Let me remind my colleagues that Early in the session, we heard from other choice for the seniors to elect. Medicare select has had some peculiar Members who opposed this program, The facts are quite different. consequences. It has not been the that there is no need to rush, that we At the time of the committee action unmixed blessing which the proponents are moving too quickly, and yet here on this bill, only a very preliminary would have us believe. First of all, it we are only hours away from the pro- evaluation of the Medicare Select Pro- has raised costs, but it has done some gram expiring and over 450 thousand gram had been concluded. That pre- other things which have significant im- seniors are still uncertain as to their liminary analysis found as follows: fate under this important program. pact on recipients. There is little coordination or manage- It first of all starts out low and goes The Senate has already passed the ment of care by organizations offering Medi- up. The average premium cost at the conference report by unanimous con- care Select. The network formed by insur- beginning is around $870 a year. But by sent. The 408 Members of the House ance companies were initially organized to the time the recipient has reached the who voted in favor of extending the increase Medicare market share at network age of 85, it has risen, lo and behold, to Medicare Select Program earlier in hospitals rather than to minimize utiliza- something like $2,300 a year. this session should support this con- tion. Now, during that time he is locked in ference report and send it to the Presi- Since the time of the committee ac- because any preexisting conditions dent for his signature tonight. It is a tion, a more complete evaluation of H 6668 CONGRESSIONAL RECORD — HOUSE June 30, 1995 Medicare select has been conducted, By voting ‘‘no’’ today, the program of the study, that Medicare select has: and before my Republican friends dis- evaluation will be allowed to be com- First, not resulted in savings of pre- miss the report as some partisan docu- pleted without corrupting Medicare. mium costs to beneficiaries compared ment, I would like to remind them that And, third, voting ‘‘no’’ today will to non-select Medigap policies; second, this report was commissioned by a Re- confirm our responsibility for the fis- resulted in significant additional ex- publican administration, and the re- cal integrity of Medicare by blocking a penditures for the Medicare Program; searchers who conducted the study premature expansion of this program. or third, resulted in diminished access were selected by that Republican ad- How can any of us explain to our con- and quality of care. ministration. The study has been ongo- stituents a vote to expand a program Second, GAO is required to conduct a ing for well over 2 years. I will enter from 15 to 50 States that has just been study by June 30, 1996 to determine the the study in the RECORD, and it is im- found to raise costs to the Federal Gov- extent to which individuals who are portant to note here that in the study ernment by tens of millions of dollars? continuously covered under Medigap it talks about costs and utilization That is fiscal irresponsibility at its policies are subject to medical under- findings to date. The study says: highest. writing if they switch plans and to We were surprised to find Medicare Select For those who ignore the evidence identify options, if necessary, for modi- is significantly associated with Medicare and vote to expand this program today, fying the Medigap market to address cost increases in 8 of the 12 select States: before adjustments can be made to it, this issue. Alabama, Arizona, Florida, Indiana, Ken- you are in effect voting to increase Select policies do not affect the obli- tucky, Minnesota, Texas, and Wisconsin. For Medicare’s costs by $800 for each bene- gation of Medicare to pay its portion of the eight States indicating positive impacts ficiary who ends up in one of these the bill. Beneficiaries who obtain cov- on Medicare program costs, the average im- plans. That is not fair to the seniors. ered services through one of the net- pact is 17.5 percent. The estimates vary from work’s preferred providers will gen- 1 Finally, what does the Medicare ben- 7 ⁄2 percent in Minnesota to a 57-percent cost erally have their benefits paid in full. increase in Indiana. However, only the Indi- eficiary get who is in the Medicare se- ana estimate is much more than 20 percent. lect plan? Access to a very limited net- Under OBRA 1990, the select plan is The results indicate that the cost increases work of doctors and hospitals. You pre- also required to pay full benefits for substantially reflect increases in inpatient vent them from getting the ability to emergency and urgent-out-of-area care hospital utilization. These estimates are un- switch out of the Medicare select plan provided by non-network providers. usually robust. and back into a reasonable MediGap Select policies do not remove a bene- That is the understatement of the program. You deny them their choice ficiary’s freedom to choose any fee-for- day, 17.5 percent increase on the Medi- of medical independence. service provider. If a beneficiary is un- care trust fund, in addition to cutting In my home State of California, the happy with a Medicare select provider $270 billion out. As I have said before, Medigap plan will cost them an extra for any reason, that person may opt you would save the taxpayers a lot of $3,360 in premiums. out at any time to get off the plan and money if you just introduced a resolu- For the fiscal integrity of the Medi- pick up any other Medigap policy, or tion to eliminate Medicare tomorrow, care trust fund and the protection of he can remain in the plan and go to let the Republicans vote for it. That is beneficiaries, you must vote ‘‘no’’ on any provider, and Medicare will pay if basically what they intend to do. Let the conference report to H.R. 483. it is a covered service. However, in that the public see their true colors. Mr. Speaker, I reserve the balance of case, the beneficiary may be liable for Given the findings and the fact that my time. a deductible and coinsurance. An insurer marketing a select policy the Congressional Budget Office found Mr. BLILEY. Mr. Speaker, I yield is required under OBRA 1990 to dem- that this study raises serious questions such time as he may consume to the onstrate that its network of providers about the operation of the Medicare gentleman from Florida [Mr. BILI- offers sufficient access to subscribers Select Program, why are the Repub- RAKIS], the chairman of the Health and and that it has an ongoing quality as- licans rushing forward to extend and Environment Subcommittee. surance program. It must also provide expand this demonstration project, (Mr. BILIRAKIS asked and was given full and documented disclosure, at the particularly when they are trying to permission to revise and extend his re- time of enrollment, of: network re- reduce Medicare expenditures? Are marks.) strictions; provisions for out-of-area they that cavalier about the report’s Mr. BILIRAKIS. Mr. Speaker, I rise and emergency coverage and availabil- conclusion? For months congressional in strong support of the conference re- ity; and cost of Medigap policies with- Democrats and the administration port on H.R. 483, legislation to extend out the network restrictions. have called for a limited extension of and expand the Medicare Select Pro- In addition, Medicare select policies the program in order that the assess- gram. are governed by the same types of reg- ment of the demonstration could be The Omnibus Reconciliation Act of ulations imposed on Medigap policies completed and necessary adjustments 1990 was established by a Democratic concerning: limitations on preexisting made based upon its findings. Repub- Congress, under which insurers could conditions; loss ratios; portability; licans have only marched forward fast- market an additional Medigap product, guaranteed renewal, and open enroll- er. an additional Medigap choice, known ment. Why? Whose interests are the Repub- as Medicare select. Medicare select OBRA 1990 also included significant licans responding to in this intem- policies are the same as other Medigap penalties for Select plans that: Re- perate bill? Why are we trying to re- policies except that supplemental bene- strict the use of medically necessary duce costs under Medicare, and this fits are paid only if services are pro- services; charge excessive premiums; program at the same time is moving in vided through designated providers. expel an enrollee except for exactly the wrong direction? The demonstration was limited to 15 nonpayment of premiums; or withhold Halting the expansion of this dem- States and expired December 31, 1994. required explanations or fail to obtain onstration program is the only prudent The demonstration was extended required acknowledgements at the action for us to take. through June 30, 1995, in the Social Se- time of enrollment. Proponents of this bill have made the curity Act Amendments of 1994. The following are Medicare select claim if we do not extend it bene- The conference report on Medicare demonstration States: Alabama, Ari- ficiaries will be harmed. That is wrong. select provides that: zona, California, Florida, Illinois, Indi- It is absolutely not the truth. Everyone First, Medicare select is extended to ana, Kentucky, Massachusetts, Min- should understand there is no current all 50 States for a 3-year period. The nesota, Missouri, North Dakota, Ohio, participant in the Medicare select plan Secretary is required to conduct a Texas, Washington, and Wisconsin. who will lose coverage if we do not ex- study comparing Medicare select poli- As of October 1994, approximately tend the program today. Certainly, ad- cies with other Medigap policies in 450,000 beneficiaries were enrolled in ditional beneficiaries will be prohibited terms of cost, quality, and access. Fur- Medicare select; while the majority are from enrolling after today, but current ther, it provides that Medicare select covered through Blue Cross/Blue Shield enrollees would be allowed to continue will remain in effect unless the Sec- plans, approximately 50 companies in the plans. retary determines, based on the results offer Medicare select products. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6669 Current authority for the program Mr. WAXMAN. Mr. Speaker, I rise in is what the Republican budget makes expires in June 1995. Failure to extend opposition to the adoption of the con- it—seniors can forget about any assur- the authority for the program would ference report on H.R. 483, a bill to per- ance of help from Medicaid to pay their result in the inability of insurers to en- mit Medicare select policies to be of- Medicare premiums. roll new beneficiaries in Medicare Se- fered in all States. Remember, who the typical person is lect Programs as of July 1995, although Let me state that I oppose adoption who relies on Medicare. Most Medicare they could continue to serve current of this conference report reluctantly. beneficiaries have modest incomes of enrollees. This would lead to higher We have underway in a limited number $25,000 or less. Nearly a third of them premiums for enrollees and the poten- of States, including my own State of depend on Social Security for almost tial withdrawal of insurers from the California, a demonstration project to all of their income. And now they are market. study the value and effects of Medicare going to find that this Republican Is that what we want? It seems to me select policies. I favor letting that budget means that half of their Social that none of our people want that. The demonstration continue. I favor con- Security COLA is being eaten up by in- gentleman from California has stated tinuing to offer Medicare select poli- creased premiums and cost-sharing in that Medicare select plans are not ade- cies where they are currently being Medicare. quately regulated and has told us how tested under the demonstration. We ought to be talking today about terrible the plans are. Well, that is his But I have grave concerns about ex- how to make Medicare better—about opinion. Here are the facts: panding Medicare select to all States. how to help people who can’t afford the The National Association of Insur- At the time this bill passed the House prescription drugs they need, who fear ance Commissioners [NAIC] has testi- I raised these concerns and suggested ending up in a nursing home that they fied in favor of the program and stated the prudent course would be to wait can’t afford. that out of the 10 Medicare select and receive the evaluation of the dem- Instead this House adopted a Repub- States that report into the NAIC’s onstration that was underway. We did lican budget that slashes the Federal Complaint Data System, there were not. commitment to Medicare and Medic- only 9 Medicare select complaints last Now, before the conference was con- aid. And we now are about to adopt a year. cluded, HCFA provided us with some conference report which extends a pro- The program has been a very good preliminary information that the eval- gram which might be costing Medicare one for senior citizens. In August 1994, uation was finding. And that informa- money instead of saving it. This is not responsible legislating. Consumer Reports rated the top tion should give pause to any prudent This is not putting the interests of Medigap insurers nationwide. Eight out legislator. They found that Medicare Medicare and Medicaid beneficiaries of ten of the top-rated 15 Medigap plans select was significantly associated with first. were Medicare Select Plans. cost increases in spending in the Medi- It is a very popular program in my I urge rejection of the conference re- care program itself in 8 of the 12 States home State of Florida where some port. where select policies were offered. 13,000 Medicare beneficiaries are en- Mr. BLILEY. Mr. Speaker, I yield Surely, on a day when the Repub- rolled. such time as she may consume to the I urge my colleagues to support this licans in this House passed over the gentlewoman from Connecticut [Mrs. legislation so we may continue to pro- nearly unanimous objection of the JOHNSON], the principal author of this vide older Americans with an often Democrats a budget which slashes Med- legislation. needed and in my opinion, necessary icare spending by $270 billion over the Mrs. JOHNSON of Connecticut. Mr. option. next 7 years, it is folly to pass legisla- Speaker, I thank the gentleman from tion which threatens to increase the Virginia [Mr. BLILEY] for his leadership b 1200 cost to the public of Medicare so that and hard work on getting this program Mr. BLILEY. Mr. Speaker, I yield 1 more private insurance companies can before us for final action. minute to the gentleman from Califor- reap profits on their Medicare select Mr. Speaker, I am very pleased to nia [Mr. BILBRAY], a member of the policies. rise today in support of this final committee. It is only prudent to stop this expan- agreement to extend and expand Medi- Mr. BILBRAY. Mr. Speaker, I have to sion of Medicare select until we can be care select. This is the right kind of stand in support of the proposal, and I sure that they are not adding to ex- health plan choice for us to make just want to point out to my colleague penditures in the Medicare Program. available to all seniors in America at from California there is a 100,000 Cali- We might also pause and consider the this time. Medicare select is a Medigap fornian seniors that want that choice. I irony of the actions we have taken policy. That is it is just insurance cov- have a stack, I have stacks of com- today. Let’s think about why we need ering costs and services that Medicare ments coming from my seniors in my MediGap and Medicare select policies does not. The difference is the Medi- district saying how it is nice to be able in the first place. care select enrollees get their care to have options that Washington is not We need these policies for one simple from a preferred provider organization, mandating on seniors, that seniors are reason: Medicare requires people to pay but they are still Medicare bene- allowed to be treated as dignified indi- a lot of money out-of-pocket when they ficiaries. Medicare will cover health viduals. This program was something get sick. Most Medicare beneficiaries care costs for them even if they go out- that has worked, is continuing to work, are so frightened by the amounts they side the network. By staying within in our State, and to restrict it not only have to pay if they get sick that they the network beneficiaries make the from the rest of the country, but to spend hundreds of dollars to buy best use of their coverage because the allow it to die, is not a vote in support MediGap protection. health plan picks up most or all of of seniors and their dignity, but actu- And yet, as a result of the Repub- their out-of-pocket costs. ally a support to replace the dignity of lican budget this House adopted today, Medicare select is not, and I repeat, seniors’ choices with big centralized people on Medicare are going to have not, an HMO risk contracting plan. Federal control systems, and I think to pay a lot more. Such plans require beneficiaries to get the problem is some of our colleagues Their MediGap premiums will soar— their care entirely within the network are so wedded to command and control, whether they try to economize by or Medicare will not pay. With select, big, centralized government that they using Medicare Select or not. And if seniors in America have that choice to are willing to sacrifice our seniors’ they just can’t afford a Medigap policy be part of an integrated system of care, ability to have the dignity of having any more—they will live in fear of hav- but still go outside that system if they their choice to choose something that ing to pay a lot of out-of-pocket costs. want to and if they choose to. Medicare serves them, and I think that we need Some 4 million seniors under this Re- covers their charges outside that net- to start treating our seniors with the publican budget may find that they work. dignity they earned over the years. can’t even afford to pay the higher pre- It is very important that, as we carry Mr. DINGELL. Mr. Speaker, I yield 5 mium to keep Medicare Part B protec- forward this debate and as we give sen- minutes to the distinguished gen- tion at all. Once Medicaid is an under- iors choices in America, they under- tleman from California [Mr. WAXMAN]. financed block grant program—which stand clearly what their choices are, H 6670 CONGRESSIONAL RECORD — HOUSE June 30, 1995 and so I want to make clear that my select plans are offering seniors far We are going to be asking our seniors esteemed colleague from Michigan is more careful, comprehensive analysis who already as a class pay the highest not quite correct when he says that of their health care problems, and, yes, amount of out-of-pocket costs, on aver- seniors would be locked into these pro- short term it costs more, and many of age 21 percent of their income is used grams. With due respect, in fact he is these plans that this report, this study, for out-of-pocket costs. If we are going wrong. Any senior in this program, any is reporting have only been in place 3 to be talking about $27 billion in Medi- Medicare Select System, can go out- months, so we have only been through care cuts, we are going to be asking side that system and, as a Medicare the high cost analysis and the early our seniors to pay more in copays and beneficiary, can receive care under treatments. deductibles. Will we be acting on our Medicare terms, but in addition any In one of the States where the pro- beliefs or on facts? senior in a Medicare Select Program gram has been in place since 1992, and I am very concerned about that, Mr. can change plans. They can drop this they have 4 years of cost data, they are Speaker, and concerned that we will MediGap policy and pick up another seeing significant savings. I ask, ‘‘Isn’t not be looking at what impact those MediGap policy, and in every single that just what we want? Don’t we want types of cuts will have on our seniors. State in America there are MediGap early intervention? Don’t we want pre- I am worried that we are going to have policies on the market that have no ex- vention? Don’t we want that backlog, to cut benefits. The Medicare program clusion for preexisting conditions that the formerly undiagnosed and un- already does not cover prescription do not block any seniors out. In sum, treated problems, dealt with for seniors drugs and very little benefits for long- in fact, the idea that any senior is in America? And most importantly, term care, really no catastrophic care. locked into a Medicare select choice is don’t we want seniors to have the Yet we are going to be asked to make simply not accurate, and that is impor- choice, the voluntary choice, of that cuts in the program that could very tant for seniors to know. quality health plan?’’ I, for one, do, and well take away benefits from our sen- Medicare select also saves bene- my constituents want this choice as iors on the belief that that may be ac- ficiaries money. We know that seniors well. ceptable. I want to act upon fact. on fixed incomes have a tough time in As a State that does not have a dem- We already have inadequate reim- this environment, and Medicare select onstration project, I get letters daily bursement levels and cost shifting saves them up to 38 percent premium saying when are we going to have that within the Medicare system, causing in costs. choice. I urge my colleagues to adopt many areas our seniors to be jeopard- Medicare select is not a Government this conference report and to help us ized from receiving quality care. Are program. It is an insurance program, take the first step toward giving sen- we going to be asked to make addi- and, as such, it is regulated at both the iors in America better choices for their tional cuts that could very well cause Federal and State levels. It operates health care. more cost shifting and less adequate around the Medicare Program, and in Mr. STARK. Mr. Speaker, I yield 3 care to our seniors on the belief that those States where it has been ex- minutes to the gentleman from Mary- that can be absorbed? I want to act panded, it is saving dollars. land [Mr. CARDIN]. upon facts. In California with select the cost of Mr. CARDIN. Mr. Speaker, I thank The consequences of our actions will medical services per admission is 20 my colleague for yielding me this time. dramatically affect our Nation’s sen- percent lower than for nonnetwork pro- Mr. Speaker, I support Medicare se- iors and their health care. It is impera- viders. The average length of stay in a lect and will vote for the conference re- tive that we make these changes based hospital is 73 percent lower than for port to extend this program to all 50 upon the best data available, not just nonnetwork providers, attesting to the States. If it is properly structured, it data that we choose to believe. management of care, the integration of can provide more competition, choice I hope in the future when we act upon care, and only one-third as many en- and cost savings. However I must tell Medicare that we do it upon the facts. rollees are ever admitted to a hospital my colleagues I am concerned that the Mr. BLILEY. Mr. Speaker, may I in- from these integrated care systems, a study that was commissioned by HCFA quire how much time remains? great advantage for the elderly. A shows that there might be increased The SPEAKER pro tempore. The gen- Washington State Medicare Select costs associated with Medicare Select tleman from Virginia [Mr. BLILEY] has Plan operator has reported that Medi- Programs in at least eight States 13 minutes remaining, the gentleman care select policies cost 13 percent less which currently have the program. But from Michigan [Mr. DINGELL] has 41⁄2 than the traditional insurance policy. what primarily concerns me: It seems minutes remaining, and the gentleman Even after adjusting for demographic like this Congress is acting or making from California [Mr. STARK] has 5 min- factors the plans realized a 5-percent decisions on what appears to be facts. utes remaining. savings to the Medicare Program. When we look at the information we Now those figures are about real ex- may be acting on what we believe to be Mr. BLILEY. Mr. Speaker, I yield perience. How does that real experience correct rather than what the facts such time as he may consume to the line up with some of the comments show. gentleman from California [Mr. THOM- that my colleagues have made about AS]. b the preliminary conclusions of the re- 1215 Mr. THOMAS. Mr. Speaker, I thank port that we, as Members of Congress, Congress is taking as fact that Medi- the gentleman for yielding time to me. asked HCFA to do so that we can un- care select extends managed care into As chairman of the House subcommit- derstand the strengths of this program the MediGap marketplace and it will tee of the Committee on Ways and and the weaknesses more fully? save money. Yet when we look at the Means, we have looked at this over a This is basically how it boils out. study, that may not be in fact the case period of time. That report is reporting very prelimi- unless the Medicare select program is As a member of the conference com- nary data. The researchers themselves properly structured. Is this a preview mittee, we produced a conference re- say the results are inconclusive, but of what will happen when we get to the port. I am a little confused by the gen- listen to what they say about those budget debate? tleman from Maryland’s statement areas in which they have seen costs in- In the near future we are going to be that we would want to base a decision crease. The researchers suggest that called upon to act on legislation to cut as to whether or not we would go for- under these managed care entities, the Medicare program by $270 billion. ward with the program on a permanent that is the Medicare select plans, and I Are we going to make these decisions basis on facts rather than just assump- quote from the report, new patient on fact or beliefs? There are very lim- tions or desires or wishes or hopes. screening has detected a large backlog ited ways in which we can reduce the I can only assume that the gen- of formerly undiagnosed and untreated Medicare program by $270 billion. We tleman from Maryland did not read the problems. This has meant that new pa- are going to be calling upon our bene- conference report, because I would join tients have unexpectedly large, albeit ficiaries to pay more, higher copays him, if, in fact, we were talking about short-term requirements for medicare and deductibles, putting more pressure creating a permanent program without treatment. In other words, Medicare on the Medicare select program. a basis of analysis of a pilot program. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6671 Despite what may have been from erybody else is doing. There are cat- ficulties in it are. And we already have any of the speakers who are in opposi- egories that have to be met. The sen- reports that tell us there are difficul- tion to this, all this does is continue a iors are fully protected and they have a ties in it. program until the Secretary deter- choice. So, yes, we would like to see the pro- mines that, in fact, there are savings, It is not mandated. You choose. We gram continued, but that is not what is that this is a better program. If the are simply saying instead of 10 choices, going on here. This is a full-scale ex- Secretary of Health and Human Serv- we are going to offer 11 choices. pansion of the program. We are not cer- ices, after a 3-year study, says that this You would think that we are tain it works that well. And they want is not saving money, it is not a better reinventing the wheel by offering sen- to put it, the Republicans do, in every program, the program ends. If she finds iors 11 choices rather than 10. All we State in this country. Now, why? and it does, it goes forward. are doing is saying that the 11th choice why today? So, first of all, the conference report is of a kind of health care delivery Because yesterday the Republicans says, we are going to take this pilot service that more and more Americans voted to cut Medicare. I know they say program that is in 15 States, make it find saving them money. That is what they did not cut Medicare but, my sen- available to 50 States, but not on a per- this is all about. These fellows over ior citizen friends, inflation is going to manent basis. We are going to examine here who used to be the chairmen of continue in health care; right? Of the results after 3 years. And then we the Health Subcommittee and Ways course. And new people are going to will make a determination as to wheth- and Means, and the gentleman from come into the system, of course. Are er or not it is to be permanent. California [Mr. WAXMAN] who spoke they going to receive the same services We heard talk about a study over earlier was the chairman of the Health that today’s senior citizens receive on here. As a matter of fact, on the earlier Subcommittee of Commerce, and the Medicare? No, because the Republicans pilot program, there was supposed to gentleman from Michigan was the are going to cut close to $300 billion be a study reported to Congress in Jan- chairman of Commerce, they are used out of what is needed to meet current uary. Six months later, it still has not to bottling up reform and change, espe- services. So do not let them tell you issued a report. What they are talking cially the kind that had the private they are not cutting the program. about is a preliminary finding which sector driving down costs in health This proposal being brought to the was leaked by this administration. care. floor today is a duck and cover for yes- We had the head of the Health Care They are kind of frustrated because terday’s action of cutting close to $300 Financing Administration in front of with this new majority, different peo- billion. the subcommittee in which we said, ple are in charge. We want to try these There is a second reason that they you know, this seems to be a politi- new ideas, fully protected with studies are expanding this program and that is cally charged issue. We have folks who by the Secretary making a determina- because the lobbyists, including the are taking extreme positions and mak- tion as to whether it goes forward or health care insurance lobbyists, are in ing statements not based upon fact for not. full throat and are writing legislation whatever reason they choose to do so, So I understand their frustration. for the Republican leadership. and I am concerned about the political But in trying to deal with this frustra- I chaired one of the subcommittees atmosphere. tion of being a new minority, you real- along with the gentlemen from Califor- So, Mr. Valdeck, please make sure ly ought to rely on facts rather than nia Mr. STARK and Mr. WAXMAN, that that your operation does not pre- the kind of fear mongering and conjur- tried to reform national health care maturely leak information which may ing up of seniors deserted by their Gov- last time. And I learned something, I not have been fully evaluated about ernment when you talk about the Med- learned a lot, as chairman of that com- this program. icare select program. mittee, as we passed out health care re- Mr. Valdeck in front of the Health The gentleman from North Dakota form bills last Congress. Subcommittee said, you bet; we will was absolutely right. This is a modest But I learned one thing that I will make sure this information does not little program. We think it will save never forget and that is, you can trust come out until it has been analyzed money. Four hundred eight Members of some of the health care insurance in- and properly understood and presented. Congress, both Democrat and Repub- dustry some of the time, but you can- Lo and behold, several weeks ago, ini- lican, voted for this the first time not trust all of them all of the time. tially on the Senate side and now we around; 14 voted against it. We have This country has to keep one eye on have heard statements read here that high hopes that the same 408 and per- the insurance company, and this bill are supposedly flat-out statements of haps some of the 14 who voted against takes both Federal eyes off of the fact that this study shows that there this might join in in sending it to the health care insurance industry. And are higher costs. In fact, that is not the President today so that on this last senior citizens will rue the day we did case. day of the pilot program the President it. Mr. Valdeck apparently was so em- will sign this bill so that the seniors Mr. BLILEY. Mr. Speaker, do I have barrassed by this that he wrote me a will not be fearful that this option will the right to close? The SPEAKER pro tempore. The gen- personal note saying that he was em- not be available to them. tleman from Virginia [Mr. BLILEY] has barrassed that the study had gotten We are going to pass it today. I have the right to close. out prematurely, that it has not been high hopes the President will sign it Mr. BLILEY. Mr. Speaker, I reserve vetted. They have not done the proper tonight and then we will move on to correlations in the study. Somebody is the balance of my time. more fundamental real reform where Mr. DINGELL. Mr. Speaker, how very interested in killing this modest seniors will see that more choices will much time do we now have remaining? little proposal. be available to them and that their The SPEAKER pro tempore. The gen- Let us go back and remember what Medicare dollar expenses will be cov- tleman from Michigan [Mr. Dingell] this is. Currently there are 10 programs ered by an ever-increasing amount has 41⁄2 minutes remaining, the gen- available to seniors to augment their from the Federal Government. tleman from Virginia [Mr. BLILEY] has Medicare program. They are called Those are the facts. 7 minutes remaining, and the gen- MediGap. They are insurance programs Mr. STARK. Mr. Speaker, I yield 2 tleman from California [Mr. STARK] that fill in where Medicare does not minutes to the distinguished gen- has 3 minutes remaining. offer as complete a package as people tleman from Montana [Mr. WILLIAMS]. Mr. DINGELL. Mr. Speaker, I yield 2 would want. What we are doing is talk- Mr. WILLIAMS. Mr. Speaker, I thank minutes to the distinguished gen- ing about adding one more, an 11th to the gentleman for yielding time to me. tleman from Michigan [Mr. KILDEE]. the 10 that are already there, fully The Medicare Select Program as a monitored by Health and Human Serv- model deserves support, and it should b 1230 ices. In fact, you have got to explain be renewed. In fact, we should expand Mr. KILDEE. Mr. Speaker, I thank exactly what you are doing. You have the model, but we should keep it as a the gentleman for yielding time to me. to pass a standardized examination to model until we know how well in fact Mr. Speaker, I am deeply concerned make sure that you are doing what ev- it is going to work and what the dif- about Medicare this year. First of all, H 6672 CONGRESSIONAL RECORD — HOUSE June 30, 1995 we know that the Republican budget the facts are in. Let us get it in before good in California, let us let other in- will cut Medicare by $270 billion over it shows that this package for Medicare surance companies sell it. Somebody the next 7 years. That certainly has to Select is in fact going to cost Medicare brought up the good name of the Con- be taken into consideration in the con- or the taxpayers more. sumers Union. They did in fact men- text of this bill. This bill, while it may Hurry, hurry, hurry. Let us get it tion some of these policies. However, have some merit, the plan may have through before it shows that the senior let me summarize Consumers Union’s some merit, I do not think we should citizen recipients of Medicare are not recommendations to the Subcommittee be expanding it as this bill would pro- going to get the option to move from on Health of the Committee on Ways pose. The bill does allow insurance policy to policy on their health insur- and Means in February of this year. companies to sell insurance policies to ance packages which would supplement Consumers Union stated that: seniors that limit their choice, and their Medicare policies; and hurry, Congress should study the impact of fur- they may be locked into those choices. hurry, hurry, before it comes out that ther negotiated discounts . . . before rushing Basically, Mr. Speaker, I fear that a policy which costs about $870 is going to extend the Medicare Select program. . . . this year, this 104th Congress, we may to go up to something like about $2,300 Research done to date indicates that the see a series of things that will be weak- by the time you get to 85, if you buy it Medicare Select . . . has not achieved its ening Medicare. First of all, this pro- for $870 at age 67. Mr. Speaker, let us goals. It has resulted in a marketplace in gram itself is a pilot program. We get this thing through before the peo- which premium pricing games distort the true cost of the policy. It has not achieved should look at it more. One study indi- ple find out what we are about. That is cost savings, but merely shifts costs to other cates that it increases the cost about what my Republican colleagues are consumers. Few insurers and few consumers 171⁄2 percent per beneficiary in 8 of the saying. That is what is at issue today. have participated. In many States, regula- 12 States, and in only 1 State was there What is good legislative practice and tion of this product has fallen between the some possible cost savings. good legislation? It requires that we cracks of different regulatory agencies—is it However, put that in context again should wait and find out what the facts insurance or managed care?—leaving con- with what I mentioned in the begin- are. The information is already out. sumers without the protections they need. ning, that we are cutting $270 billion Medicare select is costing on the aver- Congress should not expand the program and make it permanent, but should take steps from Medicare. We have to cast this age 171⁄2 percent more. That means that now to fix what is broken, and what is bro- bill in that context. We are using that Medicare select is going to cost the ken is the pricing structure, the need for cut from Medicare to pay for a tax cut Medicare trust fund 171⁄2 percent more. open enrollment, and await further study re- for our very rich. It is going to trap senior citizens in sults before locking the program into place. Mr. Speaker, in my district, I do not policies on supplemental benefits that With respect to Medicare Select, Consumers see people asking for that tax cut, and will not be able to be carried to new in- Union would urge you to proceed with cau- especially, I think they do not want to surers because of preexisting condition. take money from Medicare to pay for tions. Costs are going to go up. I would join with the distinguished that tax cut. My mother died last year Senior citizens are not going to know gentleman from Michigan [Mr. DIN- at age 84. In her life, both her mental this at the time that their good-heart- GELL] and others, and urge Members to health, her peace of mind, and her ed insurance salesman comes around to vote ‘‘no’’ to protect the consumers, to physical health was better served be- peddle them this wonderful new Medi- protect the Medicare trust fund which cause of a good Medicare Program. We care Select. The taxpayers are not the Republicans are going to dismantle should approach this very, very care- going to know that this is in fact going and destroy, $1 billion here, $1 billion fully. Do not rob the account and do to cause the Medicare trust fund to go there, $84 billion to rich seniors, $270 not expand this program without expe- broke faster. billion to pay the tax cuts to the very rience. Hurry, hurry, hurry. Pass this thing richest in this country. Do not let Mr. STARK. Mr. Speaker, I yield 1 before anybody finds out what is going them destroy Medicare any further. minute to the distinguished gentleman on. Do it in a conference which takes Vote ‘‘no.’’ from Washington [Mr. MCDERMOTT]. less than 1 minute by the clock, and SUMMARY OF CONSUMERS UNION TESTIMONY (Mr. MCDERMOTT asked and was then have to be rescued by the Com- ON MEDICARE SELECT, FEBRUARY 10, 1995 given permission to revise and extend mittee on Rules because such a poor Medicare Select is a cross between tradi- his remarks.) job of legislation was done. Mr. Speak- tional Medicare supplement policies Mr. MCDERMOTT. Mr. Speaker, this er, this is the way we are legislating (‘‘medigap’’) and HMO’s. We urge caution is a perfect example of the triumph of today. when it comes to expanding Medicare Select ideology over American pragmatism. I would urge Members to vote this or making it permanent because of the fol- The Republicans say they are going to outrage down and let us proceed more lowing major problems: save the fund. First they take $86 bil- cautiously. Let us protect the public. Pricing games: Medicare Select policies lion out by a tax break. Then they take Let us see to it that senior citizens, the often offer cheaper premiums to begin with. another $280 billion out by the cuts Medicare trust fund, and the American But because of a system of so-called ‘‘attained age’’ pricing that many policies use, they are going to make. Then their so- people get decent treatment here from premiums will rise steeply as the policy- lution is to pick a solution that does this Congress today. holder gets older. Congress should not lock- not work. Mr. STARK. Mr. Speaker, I yield my- in or expand a program which perpetuates There was a study done by the Re- self the balance of my time. this deceptive pricing practice. search Triangle Institute which says it The SPEAKER pro tempore. The gen- Illusory Cost Savings: Medicare Select pre- spends 171⁄2 percent more for select tleman from California [Mr. STARK] is miums are often low, but at a cost to other than it does in the system we have recognized for 2 minutes. Americans. Insurance companies that write today, which means they are going to (Mr. STARK asked and was given Medicare Select policies typically don’t pay spend it down quicker. The real result permission to revise and extend his re- the deductible to the hospital that other medigap policies are designed to pay. But the of their efforts is to get rid of Medi- marks, and include extraneous matter.) hospital still has to cover its costs. The re- care. They want to break the system 17 Mr. STARK. Mr. Speaker, the reason sult: it shifts the cost to other patients—and percent faster by putting people into to vote no on this bill is to give the their insurers. select. That is not a solution. It simply Congress time to perfect the necessary The Medigap Maze: The whole idea behind makes the problem worse. Everyone structures and regulations for Medi- the OBRA medigap reforms was to allow con- should understand it and vote ‘‘no.’’ care Select to work. Indeed, it does sumers to make kitchen table comparisons Mr. DINGELL. Mr. Speaker, I yield work in California. The trouble is, among plans. But the Medicare Select pro- myself the balance of my time. there is only one insurance company, gram doesn’t forward that goal. Medicare Se- The SPEAKER pro tempore. The gen- Blue Cross, who has been importuning lect adds a layer of confusion by forcing consumers to balance initially lower premiums tleman from Michigan [Mr. DINGELL] is Members to support it, because the in- against restricted freedom of choice of doc- 1 recognized for 2 ⁄2 minutes. surance commissioner will not allow it. tor or hospital. Mr. DINGELL. Mr. Speaker, hurry, The corporation commissioner does, We believe that it is premature to expand hurry, hurry. Let us get this bill giving Blue Cross a monopoly. That is or make permanent the Medicare Select pro- through. Let us get it through before not fair in California, either. If it is gram. Preliminary analysis of the program June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6673 indicates that so far it has not been success- holder gets older. Congress should not lock- rated policies and toward attained-age rated ful in reducing costs or even attracting sub- in or expand a program which perpetuates policies. The percent of Blue Cross-Blue stantial interest from insurers or consumers. this deceptive pricing practice. Shield affiliates, for example, that sell at- We recommend that Congress: Illusory Cost Savings: Medicare Select pre- tained-age policies grew from 31 percent in Require ALL states to do what several miums are often low, but at a cost to other 1990 to 55 percent in 1993. states have already done: community rate Americans. Insurance companies that write Ten states have recognized this market dy- their medigap market to eliminate the haz- Medicare Select policies typically don’t pay namic and have taken steps to protect ardous pricing structure used by many Medi- the deductible to the hospital that other consumer either by requiring community care Select plans (and level the playing field medigap policies are designed to pay. But the rating for this market or by banning at- among all insurers). Alternatively, condition hospital still has to cover its costs. The retained-age rating. These are Arkansas, Con- a state’s ability to participate in Medicare sult: it shifts the cost to other patients—and necticut, Florida, Georgia, Idaho, Maine, Select to a statewide requirement of commu- their insurers. Massachusetts, Minnesota, New York, and nity rating for the medigap market. The Medigap Maze: The whole idea behind Washington. Four of these states—Florida, Require a six month open enrollment pe- the OBRA–90 medigap reforms was to allow Massachusetts, Minnesota and Washington— riod for all consumers who were previously consumers to make kitchen table compari- are part of the Medicare Select demonstra- enrolled in Medicare Select. (Currently, in sons among plans. But the Medicare Select tion program.3 many cases, they are not eligible if their program doesn’t forward that goal. Medicare Recommendation: Require ALL states to Medicare Select insurer does not offer a tra- Select adds a layer of confusion by forcing do what several states have already done: ditional policy.) consumers to balance initially lower pre- community rate their medigap market to Limit the extension of Medicare Select to miums against restricted freedom of choice eliminate the hazardous pricing structure a two-year time period that would allow for of doctor or hospital. used by many Medicare Select plans (and level the playing field among all insurers). analysis of cost savings and quality control. SUMMARY OF RECOMMENDATIONS Such a study is currently underway at Alternatively, condition a state’s ability to We believe that it is premature to expand HCFA. Postpone expansion of the program to participate in Medicare Select to a state- or make permanent the Medicare Select pro- additional states until the studies are com- wide requirement of community rating for gram because of these problems and others plete and regulatory adjustments can be put the medigap market. described below. Preliminary analysis of the in place. ILLUSORY COST SAVINGS program indicates that so far it has not been Consumers Union 1 appreciates the oppor- successful in reducing costs or even attract- The purpose of Medicare Select was to cut tunity to present our views on the issue of ing substantial interest from insurers or con- health care costs through coordinated care Medicare Select. We have spent several years sumers. We recommend that Congress: networks that increase the use of utilization monitoring the medigap market and working Require ALL states to do what several review and management controls, often to improve protections for seniors who buy states have already done: community rate through PPO’s. It was expected that enroll- medigap policies. We worked in support of their medigap market to eliminate the haz- ees would be restricted to a subset of provid- this Subcommittee’s efforts to fix the prob- ardous pricing structure used by many Medi- ers. But the experience shows that often lems in this marketplace, efforts that cul- care Select plans (and level the playing field there is no restriction of providers. There is minated in the historic enactment of OBRA– among all insurers). Alternatively, condition little coordination or management of care in 90 medigap reforms. These reforms made it 4 a state’s ability to participate in Medicare Select plans. much easier for consumers to comparison- Medicare Select premiums may be low for Select to a state-wide requirement of com- shop among so-called medigap policies, the wrong reasons—because these policies munity rating for the medigap market. which are designed to fill in the gaps in cov- shift costs to others by not covering all the Require a six-month open enrollment pe- erage left by Medicare. We continue to be- costs that traditional medigap policies must riod for all consumers who were previously lieve that these reforms serve as a valuable cover. Medicare Select companies often ne- enrolled in Medicare Select. model for future legislation in areas such as gotiate with providers to eliminate the pay- Limit the extension of Medicare Select to long-term care insurance and regulation of a ment of Part A deductibles. Insurers have in- a two-year time period that would allow for supplemental market in future health re- dicated that the discounts of the Part A de- study and analysis (that is currently under form. ductible by participating hospitals is the way by HCFA) of cost savings (vs. cost shift- This testimony addresses one aspect of the most significant source of premium savings ing) and quality control. Postpone expansion Medicare supplement insurance market— available in Medicare supplements.5 This of the program to additional states until the Medicare Select. Medicare Select is a cross means that hospitals get less reimbursement studies are complete and regulatory adjust- between traditional Medicare supplement (or from Medicare Select carriers. It does not ments can be put in place. medigap) policies and HMO’s. In return for mean that the hospital’s costs are lower, so We elaborate on our concerns and rec- initially cheaper premiums, consumers agree cost shifting to other patients (and their in- ommendations below. to obtain care within a designated network surers) is inevitable. of doctors—in order to be reimbursed for the ANALYSIS OF THE MEDICARE SELECT MARKET Before extending Medicare Select to addi- costs covered by the policy. (Medicare still PRICING GAMES tional states (or for a substantial time pe- provides coverage, regardless of whether the Medicare Select policies often use an ‘‘at- riod), we urge you to study further why Med- provider is in the Select network.) tained age’’ pricing structure, which icare Select premiums are often low. Are We believe that there are several problems Consumer Reports says is ‘‘hazardous to pol- they cutting premiums for their policy- with Medicare Select. In the big picture, icyholders.’’ Various letters and comments holders merely by shifting costs to other Medicare Select represents a diversion from regarding Medicare Select have noted that payers? Another issue of concern to us is the tough issue of reining in Medicare Consumer Reports found that eight of the whether the Medicare Select markets in costs—through managed care or other steps. top 15 Medigap products were Medicare Se- each state are truly competitive. We under- Pressing questions that this Subcommittee lect. But this tells only part of the story. stand that in California, for example, there must address include: to what extent do Five of the eight policies mentioned use an is only one key Medicare Select carrier (Blue HMO’s—which limit seniors freedom of attained-age pricing structure. Consumer Cross).6 A study prepared for HCFA found choice of doctor—truly save costs (or merely Reports stated that: that three-fourths of Medicare Select enroll- select the healthy risks)? Is there adequate Attained-age policies are hazardous to pol- ees have policies from affiliates of three Blue quality assurance in Medicare risk con- icyholders. By age 75, 80, or 85, a policy- Cross and Blue Shield plans (in Alabama, tracts? Is there sufficient ability for consum- holder may find that coverage has become California and Minnesota), hardly an indica- ers who do not feel well-served by Medicare unaffordable—just when the onset of poor tion of a truly competitive marketplace.7 We HMO’s to pick up traditional Medicare/ health could make it impossible to buy a urge you to study the level of competition in medigap coverage? Is it possible—and fair to new, less expensive policy. Take, for exam- this marketplace, recognizing of course that seniors—to ratchet down the Medicare budg- ple, an attained-age Plan F offered by New traditional medigap policies do compete with et without achieving cost control in the pri- York Life and an issue-age Plan F offered by medicare Select policies. vate insurance sector (in the context of over- United American. For someone age 65, the Recommendation: Limit the extension of all health care reform)? New York Life policy is about $114 a year Medicare Select to a two-year time period There are several major problems with the cheaper. But by age 80, the buyer of the New that would allow for study and analysis (that Medicare Select market and we urge caution York Life policy would have spent a total of is currently underway by HCFA) of cost sav- when it comes to making Medicare Select a $5,000 more than the buyer of the United ings (vs. cost shifting) and quality control. permanent program: American policy.2 Postpone expansion of the program to addi- Pricing games: Medicare Select policies The attained-age pricing structure allows tional states until the studies are complete often offer cheaper premiums to begin with. companies to bait consumers with low pre- and regulatory adjustments can be put in But because of a system of so-called ‘‘at- miums in early years, and then trap them place. tained age’’ pricing that many policies use, with high increases in later years. Standard- MEDIGAP MAZE premiums will rise steeply as the policy- ization of the medigap market resulted in A key goal of the medigap reform legisla- price conscious consumers, with the effect of tion that was included in OBRA–‘90 was to Footnotes at end of article. facilitating a trend away from community- provide true consumer choice of medigap H 6674 CONGRESSIONAL RECORD — HOUSE June 30, 1995 policy by standardizing policies, thereby switching out of Medicare Select need pro- mation, education and counsel about goods, serv- simplifying the choice. In light of the mini- tection. Consumers who choose a Medicare ices, health, and personal finance; and to initiate mal role the Medicare Select products have Select option must use providers in the des- and cooperate with individual and group efforts to maintain and enhance the quality of life for consum- made in this marketplace, we question ignated network in order to get medigap covers. Consumers Union’s income is solely derived whether the expanded complexity offers con- erage. The NAIC model regulation provided from the sale of Consumer Reports, its other publi- sumers significant benefits. Consumers (in protection to consumers who elect Medicare cations and from noncommercial contributions, Medicare Select states) must decide between Select but then wish to change to traditional grants and fees. In addition to reports on Consum- Medicare only, Medicare risk plans, Medi- medigap policy. Companies were required to ers’ Union’s own product testing, Consumer Reports care cost plans, health care prepayment offer such consumers a policy with similar with approximately 5 million paid circulation, regu- plans, medicare Select plans, and traditional benefits, without underwriting. But this pro- larly, carries articles on health, product safety, marketplace economics and legislative, judicial and Medicare supplement policies. They can’t vision has a loophole—consumers have no as- regulatory actions which affect consumer welfare. even consider which of 10 standard packages surance of such an offer if the Medicare Se- Consumers Union’s publications carry no advertis- to consider until they have made this choice. lect company does not offer a traditional ing and receive no commercial support. Furthermore, insurers have indicated that (‘‘fee-for-service’’) medigap policy. 2 ‘‘Filling the Gaps in Medicare,’’ Consumer Re- the 10 standard medigap plans are appro- In the event that Congress decides to end ports, August 1994, p. 526. priate for fee-for-service (traditional) the Medicare Select program, either now or 3 It is premature to evaluate the impact of the medigap policies, but not for network Medi- in the future, then consumers who have Se- combination of Medicare select and community rat- care Select products.8 If Medicare Select ne- lect policies when the program is ended will ing, since two states (Massachusetts and Washing- ton) are new to Medicare select and since commu- cessitates an additional one or more stand- need protection. Without new entrants in nity rating requirements are fairly recent. ard policies, then simplicity is further under- their pool, their premiums (in closed blocks 4 ‘‘Evaluation of the Medicare SELECT Amend- cut. of business) would spiral upwards. They will ments—Case Study Report, RTI Project No. 32U– NEED TO AWAIT STUDY RESULTS need the protection from such an open en- 5531, prepared for Office of Demonstrations and Evaluations, Health Care Financing Administration, Medicare Select was included in OBRA–90 rollment period. Recommendation: Congress should require U.S. Department of Health and Human Services, medigap reform legislation as a demonstra- that all policyholders who wish to switch out February 10, 1994, RTI, p. XX–3. tion program. Medicare Select was estab- 5 of Medicare Select be eligible for an open en- RTI, p. xi. lished with the hope of achieving goals such 6 Three other plans: Foundation Health Plans; Na- rollment period (regardless of which com- as reducing health care costs (both for the tional Med; and Omni Health Plan have been ap- pany they select) in order to protect them Medicare program and consumers) and re- proved but had minimal enrollment, that totals less against being locked into a Medicare Select ducing the paperwork burden on consumers than 500. [RTI, p. IV–17] plan that they do not like.15 This protection 7 p. ix. (since Medicare Select plans relieve consum- would actually help to promote the Medicare 8 RTI, p. xiii. ers of the paperwork burden inherent in fil- 9 Select option because consumers would have RTI, p. III–6. ing claims). It should not be made perma- 10 a safety valve if they are dissatisfied. If Con- E.g., Oregon and Michigan. RTI, p. XV–1. nent until studies of its effectiveness have 11 E.g., Illinois. RTI, p. XV–3. gress chooses to end the Medicare Select pro- been completed. The preliminary report 12 RTI, p. ix. gram, insurers should be required to extend 13 (February 1994) paints a picture of Medicare RTI, p. ix. an open enrollment period to Medicare Se- 14 Select that is hardly complimentary. A tiny See, for example, RTI, p. IV–9, IV–10. lect policyholders. We urge the Congress to 15 In Florida, Select insurers are required to offer percent of people eligible have enrolled; a study carefully the regulatory experience at least a basic Plan A in a non-Select form, provid- small fraction of insurers participate; cost and analyze where regulatory authority for ing partial protection for people who wish to switch savings appear to be superficial only and Medicare Select is best housed. out of Select plans. One side-effect: this provision may be cost-shifting in disguise; the market makes it infeasible for HMO’s to offer SELECT is highly concentrated; Medicare Select reg- DOES MEDICARE SELECT COMPROMISE QUALITY? plans. ulation often falls between the cracks in Medicare Select policies keep premiums Mr. BLILEY. Mr. Speaker, I yield state regulatory departments. low by negotiating lower reimbursement myself such time as I may consume. Some specific findings that should set off schedules with providers (mostly hospital), providing discounts to policyholders. On av- Mr. Speaker, this has been an inter- alarms to put on the brakes—not rush ahead esting debate. It has been about a lot of with a permanent expansion—include: erage Medicare pays doctors and hospitals Some states (e.g., Arizona) have found that about 59 percent of what private insurers pay things, it has been about almost every- market response has been poor and that for the same services. If (in the future) Medi- thing except the underlying legisla- beneficiaries tend to migrate back to tradi- care Select coverage is negotiated downward tion. We have talked about the budget, tional plans.9 (e.g., providing Select policies with Part B we have talked about Medicare in gen- Several states that were selected for the discounts also), providers will get even less. eral we have been told ‘‘why the rush?’’ program could not get it off the ground and At some point, the cumulative impact of The gentleman who poses the question 10 lower reimbursement has got to have an im- dropped out. Others have had no applica- knows full well why we are acting tions for select plans.11 pact on quality of care that patients receive. When studied by RTI, only 2.5 percent of This could occur when providers withdraw today. This is a demonstration project eligible Medicare enrollees selected Medicare from providing services to consumers, or that expires today, if we do not act. Select policies, and most of these ‘‘rolled when they cut corners (such as patient time) That is why we are here. That is why I over’’ from prestandardization products. It due to the lower reimbursement levels. urge it to be passed. I am sure that it appears that consumers are not, in general, Recommendation: Congress should study will be. attracted to Medicare Select policies.12 the impact of further negotiated discounts We have also heard about the fact Nor are insurers attracted to the Medicare for providers before rushing to extend the that it might cost more. That is inter- Select product: only ten percent of HMOs Medicare Select program. and medigap insurers in Select sates offer In conclusion, research done to date indi- esting, Mr. Speaker, because when this Medicare Select policies, with even interest cates that the Medicare Select demonstra- bill was first passed several years ago, in some states.13 tion program has not achieved its goals. It a study was supposed to be done. It was Recommendation: Congress should delay has resulted in a marketplace in which pre- supposed to be available in January, expanding and making permanent the Medi- mium pricing games distort the true cost of but of course the administration ad- care Select program until further study re- the policy. It has not achieved cost savings, vised us that it would not be ready and sults are available. It should not be made but merely shifts costs to other consumers. it would not be ready for months, so Few insurers and few consumers have par- permanent without fixing the elements that they could not provide it to the author- are broken. ticipated. In many states, regulation of this izing committees as the legislation was REGULATORY GAPS product has fallen between the cracks of different regulatory agencies (is it insurance or being crafted. Medicare Select is fraught with questions However, just a few weeks ago, Mr. about regulatory authority. It is not unusual managed care?), leaving consumers without for a state’s insurance department to regu- the protections they need. Congress should Speaker, mysteriously, part of the in- late fee-for-service medigap coverage, but not expand the program and make it perma- formation, not the full report, was another state department (e.g, Department nent, but should take steps now to fix what leaked, not to the committees of juris- of Public Health or Department of Corpora- is broken (the pricing structure, the need for diction, but to a Member of the other tions) to regulate Select products. It is very open enrollment) and await further study re- body who is opposed to the legislation. possible that Medicare Select policies get sults before locking the program into place. With respect to Medicare Select, we urge you I find that rather curious. Needless to lost in the regulatory cracks where author- say, this is not the usual method the ity for traditional insurance and HMO’s is to proceed with caution. Thank you for considering our views. administration uses to provide com- split. This confusion has even led to approval of plans (as Select) that deviate from the FOOTNOTES mittees of jurisdiction with important 14 information. OBRA ’90 standard plan designs. 1 Consumers Union is a nonprofit membership or- Medicare Select consumers need regu- ganization chartered in 1936 under the laws of the Mr. Speaker, time is wasting. We latory protection. For example, consumers State of New York to provide consumers with infor- need to get on with this program. Let June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6675 me finally end this by saying, No. 1, The yeas and nays were ordered. Roberts Shuster Tiahrt the study that is required before this Roemer Sisisky Torkildsen The vote was taken by electronic de- Rogers Skeen Traficant program expires in 3 years requires the vice, and there were—yeas 350, nays 68, Rohrabacher Skelton Upton Secretary to discontinue the program not voting 16, as follows: Ros-Lehtinen Smith (MI) Vento if it is found that Medicare select: has Rose Smith (NJ) Volkmer [Roll No. 467] Roth Smith (TX) not resulted in savings of premium Vucanovich YEAS—350 Roukema Smith (WA) Waldholtz costs to beneficiaries compared to non- Roybal-Allard Solomon Ackerman Edwards Kolbe Walker select MediGap policies; Royce Souder Wamp Allard Ehlers LaHood Sabo Spence Second, they cannot extend it if it Ward Andrews Ehrlich Lantos Salmon Spratt Weldon (FL) shows that it has resulted in signifi- Archer Emerson Largent Sanford Stearns Weldon (PA) cant additional expenditures for the Armey Engel Latham Sawyer Stockman Weller program; or Bachus English LaTourette Saxton Stump Baesler Ensign Laughlin Scarborough Talent White Third, it cannot be extended if it re- Baker (CA) Eshoo Lazio Schaefer Tanner Whitfield sults in the diminished access in qual- Baker (LA) Everett Leach Schiff Tate Wicker ity of care. There are plenty of safe- Baldacci Ewing Levin Schumer Tauzin Wilson Ballenger Farr Lewis (CA) Wise guards to ensure that beneficiaries are Scott Taylor (MS) Barcia Fawell Lewis (KY) Seastrand Taylor (NC) Wolf well protected. I urge my colleagues to Barr Fazio Lightfoot Sensenbrenner Tejeda Woolsey join me in supporting the conference Barrett (NE) Flake Lincoln Serrano Thomas Wynn report. Barrett (WI) Flanagan Linder Shadegg Thornberry Young (FL) Bartlett Foley Lipinski Shaw Thornton Zeliff Mrs. COLLINS of Illinois. Mr. Speaker, I rise Barton Forbes Livingston Shays Thurman Zimmer in opposition to the conference report on H.R. Bass Fowler LoBiondo 483, the Expanded Use of Medicare Select Bateman Fox Lofgren NAYS—68 Becerra Franks (CT) Longley Abercrombie Hilliard Rush Policies Act. While I recognize the role that Beilenson Franks (NJ) Lowey Bonior Hinchey the Medicare select demonstration program Bentsen Frelinghuysen Lucas Sanders Borski Jefferson Bereuter Frisa Luther Schroeder that currently exists in my State of Illinois and Brown (FL) Kanjorski Berman Frost Maloney Skaggs Clay Kennedy (RI) 14 other States plays, I am concerned that Bevill Funderburk Manzullo Slaughter Clyburn Kildee this legislation is being used as a cover for the Bilbray Furse Martini Stark Coleman Klink Bilirakis Ganske Mascara Stokes draconian $270 billion in Medicare cuts in- Collins (IL) LaFalce Bishop Gejdenson Matsui Studds cluded in the budget resolution conference re- Collins (MI) Lewis (GA) Bliley Gekas McCarthy Stupak Conyers Manton port that passed this body yesterday. Blute Gephardt McCollum Thompson Coyne Markey Under the Medicare Select Program, senior Boehlert Geren McCrery Torres DeFazio Martinez Bonilla Gilchrest McDade citizens on Medicare are allowed to buy pri- Dingell McDermott Torricelli Bono Gillmor McHale Evans Meek Towns vate MediGap insurance policies through man- Brewster Gilman McHugh Fattah Miller (CA) Tucker aged-care providers to supplement what Medi- Browder Goodlatte McInnis Fields (LA) Mink Velazquez Brown (CA) Goodling McIntosh care does not cover. An important objective, Filner Murtha Visclosky Brown (OH) Gordon McKeon but following what happened here yesterday Foglietta Nadler Waters Brownback Goss McNulty Ford Olver Watt (NC) with the GOP budget plan, Medicare select Bryant (TN) Graham Meehan Frank (MA) Owens Waxman could easily become the only health care op- Bunn Green Menendez Gibbons Payne (NJ) Williams Bunning Greenwood Metcalf tion for seniors, as Medicare is gutted, serv- Gonzalez Pelosi Wyden Burr Gunderson Meyers Hastings (FL) Rangel Yates ices are curtailed, and older folks have to pick Burton Gutierrez Mfume up the pieces through private plans. The end Buyer Gutknecht Mica NOT VOTING—16 result will be less access to services and high- Callahan Hall (OH) Miller (FL) er out-of-pocket costs. Calvert Hall (TX) Mineta Boehner Fields (TX) Stenholm Camp Hamilton Minge Boucher Gallegly Walsh It is crystal clear to anyone watching the ac- Canady Hancock Molinari Bryant (TX) McKinney Watts (OK) tions of the majority party in the 104th Con- Cardin Hansen Mollohan Clement Moakley Young (AK) gress that devastating changes to Medicare Castle Harman Montgomery Coburn Norwood Dellums Reynolds are ahead. There is rampant GOP discussions Chabot Hastert Moorhead Chambliss Hastings (WA) Moran ongoing about turning Medicare into block Chapman Hayes Morella b 1303 grants for the States and based on what hap- Chenoweth Hayworth Myers The Clerk announced the following pened in the House welfare reform legislation Christensen Hefley Myrick Chrysler Hefner Neal pair: to the Federal School Lunch and Breakfast Clayton Heineman Nethercutt On this vote: Programs, I know that ``block grant'' is a code Clinger Herger Neumann word for cutting, slashing, and eliminating. Coble Hilleary Ney Mr. Watts of Oklahoma for, with Mr. Del- Let's not fool anyone Mr. Speaker, H.R. 483 Collins (GA) Hobson Nussle lums against. Combest Hoekstra Oberstar is one of the first threads with which to unravel Condit Hoke Obey Mr. MARTINEZ changed his vote the entire Medicare system. I have far too Cooley Holden Ortiz from ‘‘yea’’ to ‘‘nay.’’ many senior citizens in my district who depend Costello Horn Orton Mr. KING, Mr. BERMAN, Ms. RIV- Cox Hostettler Oxley on Medicare and would be crippled by Repub- Cramer Houghton Packard ERS, and Mrs. MALONEY changed lican cuts to the program to allow it to be Crane Hoyer Pallone their vote from ‘‘nay’’ to ‘‘yea.’’ treated as it has by the Speaker and his cro- Crapo Hunter Parker So the conference report was agreed nies. Cremeans Hutchinson Pastor Cubin Hyde Paxon to. I urge my colleagues to vote ``no'' on this Cunningham Inglis Payne (VA) The result of the vote was announced conference report and reject the Republicans' Danner Istook Peterson (FL) as above recorded. attempts to balance the budget on the backs Davis Jackson-Lee Peterson (MN) de la Garza Jacobs Petri A motion to reconsider was laid on of seniors and then hand them the check Deal Johnson (CT) Pickett the table. when the bill comes due. DeLauro Johnson (SD) Pombo f Mr. Speaker, I yield back the balance DeLay Johnson, E. B. Pomeroy of my time and I move the previous Deutsch Johnson, Sam Porter Diaz-Balart Johnston Portman REMOVAL OF NAME OF MEMBER question. Dickey Jones Poshard AS COSPONSOR OF H.R. 1289 The SPEAKER pro tempore. Pursu- Dicks Kaptur Pryce ant to House Resolution 180, the pre- Dixon Kasich Quillen Ms. ESHOO. Mr. Speaker, I ask unan- vious question is ordered. Doggett Kelly Quinn imous consent that my name be re- Dooley Kennedy (MA) Radanovich moved as a cosponsor of H.R. 1289. The question is on the conference re- Doolittle Kennelly Rahall port. Dornan Kim Ramstad The SPEAKER pro tempore (Mr. Mr. DINGELL. Mr. Speaker, on that I Doyle King Reed EWING). Is there objection to the re- demand the yeas and nays. Dreier Kingston Regula quest of the gentlewoman from Califor- Duncan Kleczka Richardson The SPEAKER pro tempore. Under Dunn Klug Riggs nia? the rule, the yeas and nays are ordered. Durbin Knollenberg Rivers There was no objection. H 6676 CONGRESSIONAL RECORD — HOUSE June 30, 1995 MESSAGE FROM THE PRESIDENT Mr. FROST. Mr. Speaker, I yield my- committees will not sit during the 5- A message in writing from the Presi- self such time as I may consume. minute rule. They’ve waived that rule dent of the United States was commu- (Mr. FROST asked and was given per- more than a flag on a 4th of July pa- nicated to the House by Mr. Edwin mission to revise and extend his re- rade. Thomas, one of his secretaries. marks.) The same Republicans who demanded Mr. FROST. Mr. Speaker, this resolu- fairness in committee ratios last Con- f tion is one big the dog-ate-my-home- gress are now skewing them so badly PROVIDING FOR IMMEDIATE CON- work excuse for not getting much done that even we look good. SIDERATION OF CONCURRENT over the last 6 months. Mr. Speaker, with this resolution, RESOLUTION PROVIDING FOR It doesn’t list all the laws and rules House Republicans are handing them- ADJOURNMENT Republicans have violated, we would be selves a big get-out-of-jail-free card. Mrs. WALDHOLTZ. Mr. Speaker, by here all night. Instead it rolls all of the They are saying ‘‘we didn’t do the direction of the Committee on Rules, I excuses into one sentence that gets things we were supposed to do but we call up House Resolution 179 and ask House Republicans off the hook in want to go on vacation anyway.’’ I urge my colleagues to defeat this for its immediate consideration. terms of the many and varied promises The Clerk read the resolution, as fol- they have broken this year. rule and I reserve the balance of my lows: The Congressional Budget Act says time. the House cannot go on recess for more Mrs. WALDHOLTZ. Mr. Speaker, I H. RES. 179 than 3 days in July until the House has yield myself such time as I may Resolved, That immediately upon the adop- consume. tion of this resolution it shall be in order, initially considered the appropriations any rule of the House to the contrary not- bills. Well, we’ve only finished 2 out of Mr. Speaker, I would simply say in withstanding, to consider in the House a con- 13 appropriations bills. Well, we’ve only response to my colleague from Texas, current resolution providing for adjourn- finished 2 out of 13 appropriations bills, that while some people may consider it ment of the House and Senate for the Inde- and those were 2 of the easier ones. The a vacation to go home for 10 days, a pendence Day district work period. law tells Congress not to take a vaca- number of us consider it a good oppor- The SPEAKER pro tempore (Mr. tion until its work is done and, with tunity to go home and talk to the peo- HOBSON). The gentlewoman from Utah this resolution, Republicans are saying ple whom we are here to serve and [Mrs. WALDHOLTZ] is recognized for 1 they are above the law. many of us have town meetings sched- hour. The reason Congress is not supposed uled. Mrs. WALDHOLTZ. Mr. Speaker, for to go on vacation until the appropria- We have opportunities to go home the purpose of debate only, I yield the tions bills have gone through the and talk to the people at home about customary 30 minutes to the gen- House is because unless the House is the work that we are doing here. And tleman from Texas [Mr. FROST] pend- finished by July 4, we will be unable to much as I consider it a vacation to get ing which I yield myself such time as I avoid a continuing resolution on Octo- out of Washington and return home to may consume. During consideration of ber 1. Because Republicans tied up the Utah, this is not simply for conven- this resolution, all time yielded is for House with their contract—cutting ience of the Members; it is an oppor- the purpose of debate only. taxes for the rich at the expense of tunity to go home and continue the Mr. Speaker, while adjournment res- school lunches and Medicare, and refus- work that we have to do representing olutions are ordinarily privileged, a ing to attend to the business at hand— the people of our district. point of order could be raised against the Government may very well shut I will also say, Mr. Speaker, that I the July 4th district work period reso- down at the beginning of the fiscal think a lot of people recognize at home lution on grounds it violates section year. that having completed a balanced 309 of the Budget Act that requires And that’s not all. The Congressional budget resolution for the first time in that the House can not adjourn for Budget Act also requires Congress to nearly 30 years is completing a great more than 3 days in July if it has not complete action on any necessary rec- deal of work. We are well on our way completed action on all appropriations; onciliation legislation before going toward accomplishing the work that is and on grounds it violates section 310 home for the July recess. This year, required of us in the appropriation of the Budget Act that requires the committees won’t report until the end process to complete that balanced same with respect for completing ac- of September. budget in the time prescribed by law. tion on a reconciliation bill if one is re- But not to worry. The Republican Mr. Speaker, we would have had two quired by the budget resolution adopt- majority will just pass this resolution more bills finished this week, but for ed by the Congress. and ignore that law too. I can think of some unfortunate decisions by some Despite these strictures in the rules. a lot of people who would love to people to try to slow down the process. Mr. Speaker, we are well on our way change a law they wanted to break, but Hopefully, we are past that, Mr. Speak- toward completing our appropriations for most Americans it doesn’t work er, and that when we come back from work in timely manner. Accordingly, like that. work in our districts over the next 10 in deference to the people whom we And let me remind my colleagues on days, we will have an opportunity to serve here, and to our families, to the other side of the aisle of another let the process move forward expedi- whom we have made commitments rule they are breaking today. I quote: tiously as it is intended to. over the next week, I believe it is ap- Whenever the Committee on Rules reports Mr. Speaker, I reserve the balance of propriate for the House to now adjourn a resolution providing for the consideration my time. for the Independence Day district work of any measure, it shall, to the maximum ex- PARLIAMENTARY INQUIRY period. tent possible, specify the object of any waiv- Mr. LAHOOD. Mr. Speaker, I have a The special rule before us will simply er of a point of order against its consider- parliamentary inquiry. allow us to consider the July 4th reso- ation. The SPEAKER pro tempore. The gen- lution by waiving points of order But this resolution doesn’t specify tleman will state it. against it. the object of any waiver at all. Instead Mr. LAHOOD. Mr. Speaker, is it The adjournment resolution itself, they put in words like ‘‘to the maxi- against the House rules for Members to Senate Concurrent Resolution 20, mum extent possible’’ which creates a wear buttons while speaking on the passed the Senate last night and is now loophole big enough to drive a truck floor? pending at the Speaker’s table. This through. The SPEAKER pro tempore. Mem- rule provides for the immediate consid- For all the reform hoopla on opening bers should not wear badges trying to eration of the adjournment resolution. day—just 6 months ago—Republicans communicate a message while they are Under the precedent, it is not subject have trampled their own rules time and addressing the House. to debate and will immediately be time again. And today is no different. Mr. LAHOOD. Mr. Chairman, I have a voted on. I urge adoption of the rule. Every single day of the week that we further parliamentary inquiry. Mr. Speaker, I reserve the balance of are in the Committee of the Whole The SPEAKER pro tempore. The gen- my time. they waive the new requirement that tleman will state it. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6677

Mr. LAHOOD. Mr. Speaker, would the propriation bills and your reconcili- Republicans are going to vote to send Speaker not assume that a member of ation bills before you take over 3 days’ me on a vacation. This is Will Rogers: the Committee on Rules would know recess over the fourth of July. But we From now on I am going to lay off the Re- the rules of the House when he speaks are not going to do that. This rule publicans. I have never had anything against on the House floor? right here before us waives that and them as a race. I realize that out of office, The SPEAKER pro tempore. The gen- other rules so that the majority mem- they are just as honest as any other class tleman is not stating a parliamentary bers, instead of finishing up the appro- and they have a place in the community that inquiry. would have to be taken up by somebody. So priation bills as we are supposed to do, I want to apologize for all that I have said Mr. LAHOOD. Would the Speaker and we have only got two done out of about them and henceforth will have only a please advise Members that they are here, and I would like to remind that good word to say of them. Mind you, I am not allowed to wear pins or buttons great majority, that outstanding ma- not going to say anything about them for a when they are speaking on the House jority, the Gingrich Republicans, and I while, but that is not going to keep me from floor. know I cannot blame the gentlewoman watching them. The SPEAKER pro tempore. The from Utah for not knowing, because Mrs. WALDHOLTZ. Mr. Speaker, I Chair has just so informed the House. she was not here, but last year at this yield 30 seconds to the gentleman from Mr. FROST. Mr. Speaker, I appre- time, before July 4, under the then California [Mr. CUNNINGHAM]. ciate the information, because I recall chairman of the Committee on Appro- Mr. CUNNINGHAM. Mr. Speaker, my my Republican colleagues wearing but- priations, all 13 appropriation bills colleague just said that the budget was tons on the floor of the House day in were passed by the House, all 13 of late, and we happen to agree with the and day out when they were in the mi- them, not 2—13. But not the majority, gentleman that the budget was late. A nority. not the Gingrich majority. They do not balanced budget is about 40 years late. I gather what was OK when they were have to do it. They can take their good We were here for 93 days and passed in the minority is not OK now that we old time. the Contract With America, which was are in the minority. I appreciate the In fact, I understand it will probably the most bipartisan Congress in the information and I will be happy to re- be near the end of July before we get history of this body. And they have had move my button. I do recall speaker through the last appropriation bill. 40 years to balance a budget, and they after speaker wearing buttons on the Now, that does not strike me as get- have not done it. Republican side during the last 2 and 4 ting the job of the Congress done. We kept our word. We are here. We years. The majority has made a great big are going to balance the budget by 2002, Mr. Speaker, I yield 7 minutes to the thing about all of the bills that they and it will happen. gentleman from Missouri [Mr. VOLK- passed in the hundred days. Three of So we do agree it was late, 40 years MER]. them have become law. One of them did late. Mrs. WALDHOLTZ. Mr. Speaker, I (Mr. VOLKMER asked and was given not amount to a hill of beans. Two of yield myself such time as I may permission to revise and extend his re- them amount to a little bit, and that is consume, simply to respond to the pre- marks.) about all we have done. Mr. VOLKMER. Mr. Speaker, Mem- vious speaker, Mr. Speaker. Now, they talk about this great big bers of the House, here we go again. There are a couple of points I think budget that we just passed. Wait a You know, it has been a very interest- need to be clarified. The gentleman minute folks, read the Budget Act. ing 6 months. And I can still remember noted that he believed that all the ap- When are we supposed to have done the very first day when we sat here propriations bills had been passed be- that budget? Hey, anybody in the ma- adopting changes in the rules of the fore the July 4 district work period last jority know when they were supposed year. In fact, the D.C. appropriation House. 1 to pass the budget? About 2 ⁄2 months bill had not been passed. It is a small b 1315 ago. That is all, a little late folks, way point, but one I think requires correct- And we went through each one indi- late. About time you got things on ing as we are going to talk about ap- vidually, 20 minutes of debate and then track. It is about time. I do not think propriations bills on the floor. a vote, 20 minutes of debate and a vote, they are ever going to get things on Second, Mr. Speaker, I think it is and how we heard from the majority track. I think the train is going to also important to note that that same how this House was going to be re- eventually come to a grinding halt Congress that was seated last year, in formed, how it was going to more ade- here around the 1st of October, and I 1993, did not complete their reconcili- quately represent the people of this think that is a deliberate activity of ation bill until October, well past the great country. the Republican majority in order to do time it was supposed to be completed But lo and behold, let us see what has that. by law. happened since January 4. Let us go I am tired of these reformers talking The budget that was passed in those through this 6 months and see what has about all of these great rules changes 2 years of the preceding Congress, Mr. happened. and things they do, when all they end Speaker, inflated our deficit to record How about the provision under the up doing is violating the rules of the levels. I think the people of our Nation rules, the very new rule, that a Mem- House. would rather we take our time and get ber could only serve on four sub- I would also like to point out it is it right and get it balanced than hurry committees? How about that? Well, lo going to be interesting to me because I through and continue a legacy of defi- and behold, what do we find out? We think we ought to have a rollcall vote cit spending that has continued have got 30 Members, most of them on this resolution. The reason is be- unabated since 1969. freshmen, the ones that held the cause for years from that side, from Finally, Mr. Speaker, I would simply charge for reform on five or six sub- the more senior Members on that side, say that the irony of the previous committees. The heck with the rules of anytime you had a waiver of the Budg- speaker complaining about us not get- the House. I am better than the rules et Act, man, they exploded. They had ting our work done will not be lost on of the House. I do not have to abide by to vote against it. They talked against those who worked on this floor or peo- the rules of the House. I am a freshman it. You could not vote for a rule that ple across the country who have ob- in the majority. I can serve on five or waived the Budget Act, could not do it. served what has been going on for the six and the to heck with rules of the I am going to be interested to see how past several days as we have wasted House. That is one of the things that many of them vote for the waiver of precious moments coming in to vote on has happened. the Budget Act under this rule. procedural matters. I would simply What else has happened? Well, what In closing, I would like to make a point out, while he now complains is very interesting to me is this rule we quote that I have before me from Will about us going home so we can talk have here today. Not only is it the Rogers. He said it way back in 1927. I with the people in our districts over rules of the House, but the Budget Act, think it applies probably a little bit to the coming week, the previous speaker a statutorily enacted law on the books me right now and what I am going to voted in favor of a motion to adjourn that says that you have to do your ap- be doing back in my district, since the just earlier this morning. H 6678 CONGRESSIONAL RECORD — HOUSE June 30, 1995 Mr. Speaker, I reserve the balance of at one time because we waived the rule Mr. Speaker, it seems that our pre- my time. that allowed the committees to meet vious speaker is complaining about re- Mr. FROST. Mr. Speaker, I yield 7 even though we are doing something forms that have resulted in open rules. minutes to the gentleman from North that is important to you on the floor of Mr. Speaker, there is no question Carolina [Mr. WATT]. the House of Representatives.’’ that the previous rule structure, voting Mr. WATT of North Carolina. Mr. Well, let us hasten along to talk by proxy, was more convenient for Speaker, I thank the gentleman for about why this is deja vu all over Members of the House, but it was not yielding me this time. again, because my colleagues on the good government. When the new major- My distinguished colleague, the gen- Republican side also on opening day ity took over this year, we inherited a tleman from Missouri [Mr. VOLKMER] passed this rule, and it says, ‘‘No Mem- bloated committee structure that had ended his presentation with a ber of the House can serve on more so many committees and subcommit- quotation from the distinguished than four subcommittees of this tees that proxy voting was basically American, Will Rogers. I want to start House.’’ Well, look at the record, if you the only way that things could happen mine with another quotation from an- will. There is not a single Democratic around here if the Members did not other distinguished American, Yogi Member of the House of Representa- want to have to move quickly at times. Berra. Yogi Berra said, ‘‘This is deja vu tives who serves on more than four To start on our reforms we cut out 3 all over again,’’ and that is really what subcommittees, because the rule says whole committees, 25 subcommittees, I want to talk about, because this is that. in an attempt to make it easier for deja vu all over again. But look at my friends on the other Members to completely fulfill their ob- You have not seen me on the floor reside of the aisle, 30, 30 Republican ligations, which I believe, Mr. Speaker, cently very much. Earlier in this term, Members are violating this House rule. includes physically going to our com- during the first 100 days, I rose time Two-thirds of the Members who violate mittee meetings and voting rather after time after time to protest proce- this rule are the same freshmen Repub- than handing a proxy to someone else dural shortcomings that my Repub- licans who came into this House saying who votes on their behalf without them lican colleagues had engaged in. They they support reform and honesty with having to consider what is coming be- want to take credit for all of this re- the people of the American electorate, fore their committee. form, yet they do not want to comply but they themselves will not abide by We are continuing, Mr. Speaker, to with their own rules that they are tak- their own House rules that they have try to work out the problems that had ing credit for among the American peo- adopted. been created. It is true that having ple. Well, is it deja vu all over again? people have to actually be in their Let me give you some examples. On Let me make the other points, as I committees and vote is resulting in us the opening day of this Congress, my have got only 2 minutes. having to hurry at times. It is true colleagues passed a new rule which They passed a rule on opening day of that it is less convenient for Members bars proxy voting in committees. They this House which said that the CON- than the old proxy voting was. But I argued that proxy voting makes a GRESSIONAL RECORD will be a verbatim believe, Mr. Speaker, that we have a mockery of the committee process and transcript of what actually happens in better Government and a better delib- concentrates power in committee lead- the House. erative process for the difference. ers. Well, I happen to agree with them. b Mr. Speaker, we are going to con- So what do they do on a regular basis 1330 tinue in our working to continue to in committee? We cannot vote by prox- Well, my colleagues have not com- find better ways to work out the sched- ies, but anytime a vote comes out in a plied with that rule either. They have uling problems to see if there are other way that they do not like, then they come right back and, on numerous oc- ways to streamline the committee simply go back and ask for reconsider- casions, have changed, changed the structure, but I believe, Mr. Speaker, ation so that when their Members are transcript of what has happened in the that the people at home have every not there, they always have a fallback House to reflect what they would like right to expect us to exercise our vot- position to come back in and get the to have happened rather than what ac- ing privileges personally and not by results that they are looking for any- tually happened. proxy. way. Well, one final thing. They said on Mr. Speaker, I reserve the balance of They talked about the value of proxy opening day, and they went out into my time. voting. Well, I believe in no proxy vot- the public and took credit for it as an ing, too. I think it makes for better de- important issue of reform, that a Mr. FROST. Mr. Speaker, I yield my- liberation to have the Members in the three-fifths vote, a three-fifths vote is self such time as I may consume. committee doing work. But they also required, to pass any new taxing provi- Mr. Speaker, we are being asked to passed a rule on the opening day of this sion. But on several occasions my col- waive all kinds of rules so we can go on Congress which talked about waiving leagues have come into this House and our vacation for the Fourth of July. the 5-minute rule in the House. Well, violated their own rules. Mr. Speaker, I just wonder what kind what is the 5-minute rule in the House? So why is this deja vu all over again? of rules we will be asked to waive in We debate things on the House floor Because it is a systematic practice on August so that Members can go on under a 5-minute rule, and they passed this side of the aisle to come in and book tours. a rule which says you cannot have a violate the rules of the House and have Mr. Speaker, I yield 61⁄2 minutes to committee meeting while we are under us try to sanction their own violations. the gentleman from Texas [Mr. the 5-minute rule in the House. I say to my colleagues, if you are DOGGETT]. Well, just about every day we have going to take credit for reform, then at Mr. WATT of North Carolina. Mr. been in this session of Congress, my least live up to the standard that you Speaker, will the gentleman yield? colleagues, after they passed that rule, set for yourselves. You ask us to com- Mr. DOGGETT. I yield to the gen- have come back to this House of Rep- ply with the law. We comply with the tleman from North Carolina. resentatives every single day and asked law. You asked us to comply with the Mr. WATT of North Carolina. Mr. for a waiver of that rule so that com- rules. We complied with the rules. All Speaker, I am just wondering what mittees can continue to meet while we we are simply asking you to do is to good does it do to do reform of the are doing debate, important debate, comply with the very same rules that rules if they then turn around and vio- right here on the floor. we must comply with that you are tell- late the rules that they have reformed. There was a day last week when I had ing the American people that you are I do not know what good that does. two markups going, one in the Com- complying with, and, if you do that, Mrs. WALDHOLTZ. Mr. Speaker, will mittee on the Judiciary, one in the then maybe you can have a better audi- the gentleman yield and allow me to Committee on Banking and Financial ence in the future. respond? Services, and a bill that I was involved Mrs. WALDHOLTZ. Mr. Speaker, I Mr. WATT of North Carolina. Mr. in on the floor right here, and they yield myself such time as I may Speaker, I yield back to the gentleman said, ‘‘Well, you can be in three places consume. from Texas. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6679 Mrs. WALDHOLTZ. Is the gentleman suspending this and suspending that, July Fourth recess, and yesterday a not allowing me an opportunity to re- and they are not doing the people’s story in the New York Times put a lie spond? work to complete this budget on time. to all of that when it reported how lit- Mr. DOGGETT. Mr. Speaker, the gen- What difference should all that make tle work the Committee on Standards tlewoman will have plenty of time to other than just this example of flout- of Official Conduct had done. It is an him, and I have got a few things for her ing one law after another to the Amer- outrage for this House to adjourn with- to respond to, too, but let me pose ican people? Well, as a matter of fact, out the Committee on Standards of Of- them first. I think it is going to make a big dif- ficial Conduct acting on the complaint Mr. Speaker, I think there are many ference when they pay their taxes, against Speaker GINGRICH. Americans who are out there saying when they reach in their pocketbook, Mrs. WALDHOLTZ. Mr. Speaker, I when they watch the proceedings in to wonder what has happened on Medi- yield myself such time as I may this House that there ought to be a law care, when they reach in their pocket- consume. against what is happening up there. book to wonder what has happened in Mr. Speaker, first I would like to re- There ought to be a law against some the way taxes are paid in this country, spond to the question that I was asked of the things that are not happening up because, I ask, ‘‘What happens when but that I was not allowed an oppor- there. you delay, and you delay, and you tunity to respond to. The gentleman I say to my colleagues, Well you delay, and you got those suspenders on, asked why it is all right to waive our know what? There is a law. It is called and you’re suspending one law after an- own rules. Well, as the gentleman well the Congressional Budget Act, and the other instead of complying with it?’’ It knows, in order to expedite the busi- Congressional Budget Act is what these is that it finally all comes home to ness of this House, to keep it rolling, folks propose in this resolution to just roost, and it is all going to come home we have to make some decisions about suspend, to say that they, unlike other to roost around here after these big va- what is the most important require- Americans, don’t have to comply with cations are over with and we are faced ment that the people at home expect of some of the laws in the statute books, with the problems of the fall because, us. It is true, Mr. Speaker, that by that they can kind of pick and choose my colleagues, we are only about 3 doing away with proxy voting and ex- the laws of this great country that months from the time that the train pecting people to actually go and vote they wish to comply with. You see the wreck is going to occur. in the committee that they are as- Congressional Budget Act says that we Mr. Speaker, we are going to be down signed to, that we have had to allow are to have a budget resolution passed to the end of this fiscal year. We are those committees to carry out their and approved in this Congress so we going to be facing a debt limit, and it work while there has also been busi- have the guidelines for the budget that is all going to back up, and it is going ness moving forward on the floor of the will govern the American people with to pile up, and we will have all these House. Mr. Speaker, we have not trillions of dollars of expenditure, and last-minute proposals that say from waived that most important rule of re- it sets a date for doing that, and that the Republicans: ‘‘Well, Mr. and Mrs. quiring people to go and exercise their date is not yesterday. That date is Senior American, we’re going to need a own vote in the committee to which April 15. Can you imagine what would little more help out of you. If you want they are assigned. It is critical, Mr. happen if the American citizens didn’t to see your own doctor next month in- Speaker, that we continue to hold fast pay their taxes on April 15 when they stead of the one that some organiza- to those rules that represent real re- are due? Would someone permit them tion picks out for you, pull out a twen- form in this body, and we have done so. to say, ‘‘Well, we’ll just suspend that ty out of your pocket because it is Rules that are created, however, for this year; it just doesn’t feel good to going to cost you about $20 more a the convenience of Members sometimes pay taxes on April 15. We’ll just sus- month to do that.’’ will have to be suspended in order to pend that.’’ They are going to say, ‘‘Well, Mr. and allow us to do what needs to be done. Mr. Speaker, that is what these good Mrs. Senior American, are the young b 1345 folks have done, and then they tell us people that are trying to care for their in this law that applies to every Amer- parents and honor their father and So, Mr. Speaker, I would submit that ican and to this Congress that it is our mother,’’ they are going to say to the people of this country will judge us obligation to complete something them, ‘‘Well, if you want to stay at on whether we are keeping the commit- called the Reconciliation Act, which home with home care instead of going ments that we have made to do our when this Congress was in the hands of into a nursing home, it is going to cost work, to vote ourselves rather than al- Democrats in 1993, they followed that you more money.’’ lowing someone else to vote for us. And law. It says: They are going to say, as one of the I believe, Mr. Speaker, that the people You complete the Reconciliation Act on Members of the Republican leadership of this country will support us in con- the budget, and you do it before you go home does, ‘‘If you’re about to turn 65 and re- tinuing to keep the business of this on July the Fourth. You cannot recess for tire, don’t look to Medicare to cover House moving forward at the same more than 3 days during the month of July you health care because you’re going time we expect people to do their work until you have completed the Reconciliation to have to wait until 67. Oh, your em- themselves instead of handing off their Act. ployer won’t cover it anymore? Well, decisionmaking ability to someone Mr. Speaker, where I come from, that’s tough. You’ll have to come up else. down in Texas, people understand that. with thousands of dollars to provide Let me also say, Mr. Speaker, that, They either do their work or they do yourself medical insurance if you get it while people keep talking about us not get their break. They either do at age 65 or 66.’’ somehow being derelict in our duty by their work or they do not go on vaca- And there is one other thing that going to our districts this week, I tion. But apparently our colleagues in needs to be said: would submit that the decision as to the majority, the Republicans, do not As a State judge, I saw one defendant how we are going to spend this Nation’s understand that because, instead of after another who, lacking a meritori- money, which is what the budget proc- complying with the law and completing ous defense, would come forward and ess is all about, that decision should reconciliation, what do they come be- would use delay as their shield. It is not be made solely in Washington, DC. fore this House today to do? They not surprising when a defendant does The people at home in our districts asked us to suspend the law for them. that; it is surprising when the judge have every right to have the oppor- They want to go home instead of doing gets in a partnership with the defend- tunity to tell us how they want us to the work that the law charges them ant to use delay as a defense, and on spend their money. with doing. one very critical matter in this House And this district work period, while, I do not declare that, if this Repub- we have heard action would be taken yes, I plan to go see my family on the lican majority has to suspend any more after the Contract. We have heard ac- 4th of July, this district work period is of the law on the budget, every one of tion would be taken after Memorial an opportunity for us to go home and them ought to have to come out here Day. We have heard action would be talk with the people who sent us here, in suspenders because they have been taken at the end of June, before the to ask them what it is they want us to H 6680 CONGRESSIONAL RECORD — HOUSE June 30, 1995 do, how they want us to spend their Bonilla Hancock Ney Johnson (SD) Moran Slaughter money, because we can never forget, Bono Hansen Norwood Johnson, E. B. Murtha Spratt Brewster Hastert Nussle Kanjorski Neal Stark Mr. Speaker, it is not our money, it is Brownback Hastings (WA) Oxley Kaptur Oberstar Stokes theirs. Bryant (TN) Hayworth Packard Kennedy (MA) Obey Studds It is appropriate for us to go home in Bunn Hefley Parker Kennedy (RI) Olver Stupak Kennelly Orton the midst of this budget process and Bunning Heineman Paxon Tanner Burr Herger Petri Kildee Owens Taylor (MS) Kleczka Pallone ask them what they would like us to do Burton Hilleary Pombo Tejeda Klink Pastor with their money. This is a district Buyer Hobson Porter Thompson Calvert Hoekstra LaFalce Payne (NJ) work period, Mr. Speaker. It is an op- Portman Thurman Canady Hoke Levin Payne (VA) Quinn Torres portunity for us to go home and see Castle Holden Radanovich Lewis (GA) Pelosi Torricelli what it is that people want us to do. I Chabot Horn Ramstad Lofgren Peterson (FL) Towns Chambliss Hostettler Regula Lowey Peterson (MN) think that there is no better use of our Tucker Chenoweth Houghton Riggs Luther Pomeroy time for a period during this budget Velazquez Christensen Hunter Rivers Maloney Poshard process. Chrysler Hutchinson Roberts Manton Rahall Vento Mr. WATT of North Carolina. Mr. Clinger Hyde Rogers Markey Rangel Visclosky Speaker, will the gentlewoman yield? Coble Inglis Rohrabacher Martinez Reed Volkmer Coburn Istook Ros-Lehtinen Mascara Richardson Ward Mrs. WALDHOLTZ. I yield to the Collins (GA) Jacobs Roth Matsui Roemer Waters gentleman from North Carolina. Combest Johnson (CT) Royce McCarthy Rose Watt (NC) Mr. WATT of North Carolina. I was Cooley Johnson, Sam Salmon McHale Roybal-Allard Waxman Cox Jones Sanford McKinney Rush Williams just going to inquire what the gentle- McNulty Cramer Kasich Saxton Sabo Wise Meek Sanders woman did during the April recess Crane Kelly Scarborough Woolsey Menendez Sawyer when we were out for 3 weeks and you Crapo Kim Schaefer Wyden Cremeans King Mfume Schumer Schiff Wynn all seem to have spent all your time Mineta Scott Cubin Kingston Seastrand parading around bragging about what Mollohan Skaggs Yates Cunningham Klug Sensenbrenner you did in the first 100 days; why did Davis Knollenberg Serrano NOT VOTING—35 you not do it during that period? Deal Kolbe Shadegg DeLay LaHood Ackerman Fields (LA) Pickett Shaw Mrs. WALDHOLTZ. Reclaiming my Diaz-Balart Largent Ballenger Fields (TX) Pryce Shays Dickey Latham Bateman Gallegly time, Mr. Speaker, I am happy to show Shuster Quillen Dixon LaTourette Bilirakis Goodlatte the gentleman exactly what I did dur- Skeen Reynolds Doolittle Laughlin Boucher Hayes Skelton Roukema ing the April recess, meeting with my Dornan Lazio Bryant (TX) Hefner Smith (MI) Schroeder constituents, talking with people at Dreier Leach Callahan Johnston Smith (NJ) Sisisky Duncan Lewis (CA) Camp Lantos home. There is never enough time, Mr. Smith (TX) Stenholm Dunn Lewis (KY) Clement Miller (CA) Speaker, to talk with the people who Smith (WA) Walsh Ehlers Lightfoot Collins (MI) Moakley Solomon Watts (OK) sent us here. I am perfectly happy to Ehrlich Lincoln Dellums Montgomery Souder Young (AK) go home and have another opportunity Emerson Linder Dicks Ortiz Spence to meet with them even if the gen- Engel Lipinski English Livingston Stearns b 1409 tleman does not think he needs it. Stockman Everett LoBiondo Ms. DANNER and Mrs. KENNELLY Mr. Speaker, I reserve the balance of Ewing Longley Stump Fawell Lucas Talent changed their vote from ‘‘yea’’ to my time. Tate Mr. FROST. Mr. Speaker, we urge a Flanagan Manzullo ‘‘nay.’’ Foley Martini Tauzin So the resolution was agreed to. ‘‘no’’ vote on this. Taylor (NC) Forbes McCollum The result of the vote was announced Mr. Speaker, I have no further re- Fowler McCrery Thomas Thornberry as above recorded. quests for time, and I yield back the Fox McDade Frank (MA) McDermott Thornton A motion to reconsider was laid on balance of my time. Franks (CT) McHugh Tiahrt the table. Mrs. WALDHOLTZ. Mr. Speaker, I Franks (NJ) McInnis Torkildsen think we have said all that needs to be Frelinghuysen McIntosh Traficant CONDITIONAL RECESS OR ADJOURNMENT OF THE Frisa McKeon Upton SENATE ON THURSDAY, JUNE 29, 1995, OR FRI- said on this matter. I urge my col- Funderburk Meehan Vucanovich DAY, JUNE 30, 1995, UNTIL MONDAY, JULY 10, leagues to support this rule. Ganske Metcalf Waldholtz 1995, AND A CONDITIONAL ADJOURNMENT OF Mr. Speaker, I yield back the balance Gekas Meyers Walker THE HOUSE ON THE LEGISLATIVE DAY OF FRI- Wamp of my time, and I move the previous Gilchrest Mica DAY, JUNE 30, 1995, UNTIL MONDAY, JULY 10, Gillmor Miller (FL) Weldon (FL) 1995 question on the resolution. Gilman Minge Weldon (PA) The previous question was ordered. Goodling Mink Weller The SPEAKER pro tempore. Pursu- There was no objection. Goss Molinari White ant to House Resolution 179, the Chair Graham Moorhead Whitfield lays before the House the following The SPEAKER pro tempore (Mr. Greenwood Morella Wicker HOBSON). The question is on the resolu- Gunderson Myers Wilson concurrent resolution from the Senate: tion. Gutknecht Myrick Wolf S. CON. RES. 20 The question was taken; and the Hall (OH) Nadler Young (FL) Resolved by the Senate (the House of Rep- Hall (TX) Nethercutt Zeliff resentatives concurring), That when the Sen- Speaker pro tempore announced that Hamilton Neumann Zimmer the ayes appeared to have it. ate recesses or adjourns at the close of busi- Mr. FROST. Mr. Speaker, I object to NAYS—157 ness on Thursday, June 29, 1995, or Friday, June 30, 1995, pursuant to a motion made by the vote on the ground that a quorum Abercrombie Coleman Fazio the Majority Leader or his designee, in ac- is not present and make the point of Andrews Collins (IL) Filner Baldacci Condit Flake cordance with this resolution, it stand re- order that a quorum is not present. Barcia Conyers Foglietta cessed or adjourned until 12:00 noon on Mon- The SPEAKER pro tempore. Evi- Barrett (WI) Costello Ford day, July 10, 1995, or until such time on that dently a quorum is not present. Becerra Coyne Frost day as may be specified by the Majority The Sergeant at Arms will notify ab- Beilenson Danner Furse Leader or his designee in the motion to re- Bentsen de la Garza Gejdenson sent Members. cess or adjourn, or until 12:00 noon on the Berman DeFazio Gephardt second day after Members are notified to re- The vote was taken by electronic de- Bevill DeLauro Geren assemble pursuant to section 2 of this resolu- vice, and there were—yeas 242, nays Bishop Deutsch Gibbons Bonior Dingell Gonzalez tion, whichever occurs first; and that when 157, not voting 35, as follows: Borski Doggett Gordon the House of Representatives adjourns on the [Roll No. 468] Browder Dooley Green legislative day of Friday, June 30, 1995, it Brown (CA) Doyle Gutierrez YEAS—242 stand adjourned until 2:00 p.m. on Monday, Brown (FL) Durbin Harman July 10, 1995, or until 12:00 noon on the sec- Allard Baker (LA) Bereuter Brown (OH) Edwards Hastings (FL) ond day after Members are notified to reas- Archer Barr Bilbray Cardin Ensign Hilliard Armey Barrett (NE) Bliley Chapman Eshoo Hinchey semble pursuant to section 2 of this resolu- Bachus Bartlett Blute Clay Evans Hoyer tion, whichever occurs first. Baesler Barton Boehlert Clayton Farr Jackson-Lee SEC. 2. The Majority Leader of the Senate Baker (CA) Bass Boehner Clyburn Fattah Jefferson and the Speaker of the House, acting jointly June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6681 after consultation with the Minority Leader o’clock on Thursday evening. There DISPENSING WITH CALENDAR of the Senate and Minority Leader of the will be no recorded votes on Friday of WEDNESDAY BUSINESS ON House, shall notify the Members of the Sen- that week. WEDNESDAY, JULY 12, 1995 ate and the House, respectively, to reassem- ble whenever, in their opinion, the public in- Mr. GEPHARDT. Mr. Speaker, the Mr. ARMEY. Mr. Speaker, I ask terest shall warrant it. majority leader indicated his intent to unanimous consent that the business The SPEAKER pro tempore. Without bring up a committee naming resolu- in order under the Calendar Wednesday objection, the Senate concurrent reso- tion before considering the Foreign Op- rule be dispensed with on Wednesday, lution is concurred in. erations appropriations bill on Mon- July 12, 1995. There was no objection. day, July 10. The SPEAKER pro tempore. Is there A motion to reconsider was laid on Am I correct, Mr. Speaker, In assum- objection to the request of the gen- the table. ing the gentleman is referring to the tleman from Texas? There was no objection. f majority party’s intent to seat the gentleman from Texas [Mr. LAUGHLIN] on f REMOVAL OF NAME OF MEMBER the Committee on Ways and Means? AS COSPONSOR OF H.R. 1883 PERMISSION FOR COMMITTEE ON Mr. ARMEY. The gentleman is cor- APPROPRIATIONS TO FILE A Mr. WHITE. Mr. Speaker, I ask unan- rect. At this time, that is the only PRIVILEGED REPORT ON DE- imous consent that my name be with- committee designation that would be PARTMENT OF THE INTERIOR drawn as a cosponsor to H.R. 1883. It made. I suppose it is possible some- AND RELATED AGENCIES APPRO- was inadvertently placed on that list. thing else might pop up in the mean- PRIATIONS BILL, 1996 The SPEAKER pro tempore (Mr. time, but that right now is the only Mr. LEWIS of California. Mr. Speak- HOBSON). Is there objection to the redesignation that I know of. quest of the gentleman from Ohio? er, I ask unanimous consent that the Mr. GEPHARDT. Mr. Speaker, as I There was no objection. Committee on Appropriations may have said to the gentleman, and all have until midnight tonight to file a f Members should understand, there may privileged report on a bill making ap- PERSONAL EXPLANATION be a large number of votes that evening propriations for the Interior and relat- after the starting time, and Members ed agencies for the fiscal year ending Mr. ENGEL. Mr. Speaker, yesterday I should be advised of that possibility. inadvertently missed two rollcalls. On September 30, 1996, and for other pur- rollcall vote No. 463 I would have voted Mr. ARMEY. I thank the gentleman. poses. The SPEAKER pro tempore. Is there ‘‘aye,’’ and on rollcall vote 464 I would I think it is very helpful to all our objection to the request of the gen- have voted ‘‘no.’’ Members, in the interests of doing their district work period and then re- tleman from California? f turning, that we are able to assure There was no objection. LEGISLATIVE PROGRAM them there will be no votes until after The SPEAKER pro tempore. All points of order are reserved on the bill. (Mr. GEPHARDT asked and was 5 o’clock, but I think the gentleman is f given permission to address the House absolutely correct. After 5 o’clock, we can most assuredly expect that there for 1 minute and to revise and extend PERMISSION FOR COMMITTEE ON will be some votes, and they will be im- his remarks.) APPROPRIATIONS TO FILE A portant votes that they will want to Mr. GEPHARDT. Mr. Speaker, I rise PRIVILEGED REPORT ON AGRI- participate in. to inquire of the gentleman from Texas CULTURE, RURAL DEVELOP- [Mr. ARMEY] regarding the schedule for b 1415 MENT, FOOD AND DRUG ADMIN- next week, July 10. ISTRATION, AND RELATED Mr. ARMEY. Mr. Chairman, will the Mr. GEPHARDT. I wish the distin- AGENCIES APPROPRIATIONS gentleman yield? guished majority leader and all Mem- BILL, 1996 Mr. GEPHARDT. I yield to the gen- bers a productive, successful, and rest- Mr. LEWIS of California. Mr. Speak- tleman from Texas. ful Fourth of July district work period. er, I ask unanimous consent that the Mr. ARMEY. Mr. Speaker, on Mon- Mr. ARMEY. I thank the gentleman Committee on Appropriations may day, July 10, the House will meet at from Missouri. I, too, would like to en- have until midnight tonight to file a 12:30 p.m. for morning hour and 2 p.m. courage all our Members to have a privileged report on a bill making ap- for legislative business. We plan to good break, get some good work done, propriations for Agriculture, Rural De- take up four bills under suspension of rest, relax, and we will all come back velopment, Food and Drug Administra- the rules: H.R. 1642, extending most-fa- happy and congenially ready to go tion, and related agencies programs for vored-nation status to Cambodia, H.R. back to work on some of the material the fiscal year ending September 30, 1643, extending MFN to Bulgaria, H.R. we did not finish today. 1996, and for other purposes. 1141, the Sikes Act Improvement The SPEAKER pro tempore. Is there Amendments of 1995, and S. 523, the f objection to the request of the gen- Colorado Basin salinity control amend- tleman from California? ments. AUTHORIZING THE SPEAKER AND There was no objection. Members should be advised that THE MINORITY LEADER TO AC- CEPT RESIGNATIONS AND TO The SPEAKER pro tempore. All there will be no recorded votes taken points of order are reserved on the bill. before 5 p.m. on Monday, July 10. After MAKE APPOINTMENTS AUTHOR- any recorded votes on suspensions, we IZED BY LAW OR BY THE HOUSE, f will consider a committee naming reso- NOTWITHSTANDING ADJOURN- SAVING LAW ENFORCEMENT OFFI- lution before taking up the second rule MENT CERS’ LIVES ACT OF 1995—MES- and continued debate on H.R. 1868, the Mr. ARMEY. Mr. Speaker, I ask SAGE FROM THE PRESIDENT OF fiscal year 1996 Foreign Operations ap- unanimous consent that notwithstand- THE UNITED STATES (H. DOC. propriations bill. ing any adjournment of the House until NO. 104–90) On Tuesday, Wednesday, and Thurs- Monday, July 10, 1995, the Speaker and The SPEAKER pro tempore laid be- day, the House will meet at 10 a.m. for the minority leader be authorized to fore the House the following message legislative business. We will continue accept resignations and to make ap- from the President of the United consideration of fiscal year 1996 appro- pointments authorized by law or by the States, which was read and, together priations bills, including the Energy House. with the accompanying papers, without and Water, Interior, and Agriculture objection, referred to the Committee appropriations bills. The SPEAKER pro tempore. (Mr. on the Judiciary and ordered to be It is our hope to have the Members HOBSON). Is there objection to the reprinted. on their way home to their families quest of the gentleman from Texas? and their districts by no later than 6 There was no objection. To the Congress of the United States: H 6682 CONGRESSIONAL RECORD — HOUSE June 30, 1995 Today I am transmitting for your im- cerning the emigration laws and poli- bill that would increase the Federal mediate consideration and passage the cies of the Russian Federation. You minimum wage from $4.25 to $5.50 an ‘‘Saving Law Enforcement Officers’ will find that the report indicates con- hour, and equally important, automati- Lives Act of 1995.’’ This Act would tinued Russian compliance with U.S. cally adjust the wage up or down annu- limit the manufacture, importation, and international standards in the area ally as indexed for inflation. and distribution of handgun ammuni- of emigration. Historically, our Nation’s lowest tion that serves little sporting purpose, WILLIAM J. CLINTON. wage earning positions were reserved but which kills law enforcement offi- THE WHITE HOUSE, June 30, 1995. for new immigrants and the young. cers. The details of this proposal are f Both of these groups, especially with described in the enclosed section-by- increased education, could expect to section analysis. DESIGNATION OF MEMBER AS advance in our society. But as Bob Existing law already provides for SPEAKER PRO TEMPORE TO Dylan used to sing, ‘‘the times, they limits on ammunition based on the spe- SIGN ENROLLED BILLS AND are a changin.’’ Indeed, the times are cific materials from which it is made. JOINT RESOLUTIONS THROUGH changing. No longer are the lowest It does not, however, address the prob- MONDAY, JULY 10, 1995 paying jobs occupied solely by the lem of excessively powerful ammuni- The SPEAKER pro tempore laid be- young and uneducated; they are held tion based on its performance. fore the House the following commu- by parents, seniors, students support- Criminals should not have access to nication from the Speaker: ing themselves, and millions of other Americans. handgun ammunition that will pierce WASHINGTON, DC, June 30, 1995. the bullet-proof vests worn by law en- I hereby designate the Honorable FRANK The minimum wage labor force has forcement officers. That is the stand- WOLF to act as Speaker pro tempore to sign drastically changed over the past dec- ard by which so-called ‘‘cop-killer’’ enrolled bills and joint resolutions through ade. What was once a mere passageway bullets are judged. My proposal would July 10, 1995. to the ‘‘American Dream,’’ minimum limit the availability of this ammuni- NEWT GINGRICH, wage jobs have become a permanent Speaker of the House of Representatives. tion. way of life for an increasing number of The process of designating such am- f citizens. Today, nearly 50 percent of working Americans earn the minimum munition should be a careful one and SPECIAL ORDERS should be undertaken in close consulta- wage. Not only do many of these work- The SPEAKER pro tempore. Under tion with all those who are affected, in- ing people have college diplomas and the Speaker’s announced policy of May master’s degrees—but most have to cluding representatives of law enforce- 12, 1995, and under a previous order of support families on their minimum ment, sporting groups, the industries the House, the following Members will wage. that manufacture bullet-proof vests be recognized for 5 minutes each. Now, more than ever, we need to pass and ammunition, and the academic re- f legislation that will allow working search community. For that reason, Americans to earn a real and meaning- the legislation requires the Secretary The SPEAKER pro tempore. Under a previous order of the House, the gen- ful income. We have all heard the argu- of the Treasury to consult with the ap- ments that unemployment and infla- propriate groups before regulations are tleman from Oregon [Mr. DEFAZIO] is recognized for 5 minutes. tion will increase with a higher mini- promulgated. The legislation also pro- mum wage. These arguments are com- vides for congressional review of the [Mr. DEFAZIO addressed the House. pletely unfounded, as shown by study proposed regulations before they take His remarks will appear hereafter in after study done in a wide variety of effect. the Extensions of Remarks.] areas that have increased their mini- This legislation will save the lives of f mum wage. A higher minimum wage law enforcement officers without af- The SPEAKER pro tempore. Under a stimulates our economy because it al- fecting the needs of legitimate sporting previous order of the House, the gen- lows more consumer needs to be met. enthusiasts. I urge its prompt and fa- tleman from California [Mr. RIGGS] is Each day that the minimum wage re- vorable consideration by the Congress. recognized for 5 minutes. mains at its current low level, the real WILLIAM J. CLINTON. [Mr. RIGGS addressed the House. His buying power of that wage decreases. THE WHITE HOUSE, June 30, 1995. remarks will appear hereafter in the In order for workers to remain above f Extensions of Remarks.] the poverty level, they would have to be earning over $6 an hour. Do we want REPORT ON PROGRESS CONCERN- f to condemn so many working people to ING EMIGRATION LAWS AND The SPEAKER pro tempore. Under a poverty? POLICIES OF THE RUSSIAN FED- previous order of the House, the gen- Mr. Speaker, hard working Ameri- ERATION—MESSAGE FROM THE tleman from American Samoa [Mr. cans deserve the security and stability PRESIDENT OF THE UNITED FALEOMAVAEGA] is recognized for 5 that come with being able to provide STATES (H. DOC. NO. 104–91) minutes. for oneself and one’s family. Let’s raise The SPEAKER pro tempore laid be- [Mr. FALEOMAVAEGA addressed the the minimum wage, let’s index it auto- fore the House the following message House. His remarks will appear here- matically for inflation, and let’s give from the President of the United after in the Extensions of Remarks.] every working American the promise States, which was read and, together f for a better tomorrow. with the accompanying papers, without The SPEAKER pro tempore. Under a f objection, referred to the Committee previous order of the House, the gen- The SPEAKER pro tempore (Mrs. on Ways and Means and ordered to be tleman from Georgia [Mr. KINGSTON] is MORELLA). Under a previous order of printed. recognized for 5 minutes. the House, the gentleman from Georgia To the Congress of the United States: [Mr. KINGSTON addressed the House. [Mr. CHAMBLISS] is recognized for 5 On September 21, 1994, I determined His remarks will appear hereafter in minutes. and reported to the Congress that the the Extensions of Remarks.] [Mr. CHAMBLISS addressed the Russian Federation is in full compli- f House. His remarks will appear here- ance with the freedom of emigration after in the Extensions of Remarks.] A FAIR DAY’S PAY FOR A FAIR criteria of sections 402 and 409 of the f Trade Act of 1974. This action allowed DAY’S WORK for the continuation of most-favored- The SPEAKER pro tempore. Under a WHY CORRIDOR H IS A NATIONAL nation (MFN) status for Russia and previous order of the House, the gen- HIGHWAY certain other activities without the re- tleman from California [Mr. FILNER] is The SPEAKER pro tempore. Under a quirement of a waiver. recognized for 5 minutes. previous order of the House, the gen- As required by law, I am submitting Mr. FILNER. Mr. Speaker, I rise tleman from West Virginia [Mr. WISE] an updated Report to Congress con- today in strong support of H.R. 363, a is recognized for 5 minutes. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6683 Mr. WISE. Madam Speaker, as the has been adopted this way, that those This week the House and Senate con- Congress adjourns and shortly Sandy routes were considered and rejected. ferees came together and we now have and I will get in the car with our two Indeed, the least expensive route and a budget blueprint which will, in fact, children and begin heading home to the the one that causes the least environ- balance the Federal budget. western side of West Virginia, about a mental disruption is the one that has Second, I want to talk about some- 7-hour drive away, we are going to ask been adopted. thing and congratulate Marion Barry, ourselves once again: Why is it that we The two southern routes threaten who many times we found reasons to have to drive north to drive so far great environmental problems and disagree with, and the DC school super- south? Or why is it that we can take were the most expensive to construct. intendent, Franklin Smith. There is an the alternate route and drive so far So out of consideration and to meet article in today’s Wall Street Journal south and then west and then we get to the concerns of many who raised these where they have agreed to support a go north again? Why is there not a di- objections, the fourth route, the one local voucher plan for the local schools rect route, a direct route called Cor- that is presently proposed, is the one and privatize up to 11 of the most trou- ridor H, a route that has been torn by that was adopted. bled schools. controversy for many, many years but Madam Speaker, I would urge this I think that is terrific news. I think a highway that should be built. Congress to get on about the business that is terrific news for the students in This is going to begin a series of of constructing Corridor H and to look Washington, DC. I think it is about statements on why Corridor H should at I–66 as it ends at Interstate 81 and to independence, I think it is about free- be built. Today I am going to entitle recognize the important national sig- dom, and I think it is about getting this, ‘‘Why Corridor H is a National nificance of this road. It does not get more bang for the buck. Highway.’’ any cheaper to build a road. The least And so when we talk about the budg- It is not, as some say, a narrow West expensive route has been selected and et, some people are saying we should Virginia road or a State interest. It is indeed to provide a major east-west take 10 years instead of 7 years to bal- not just of local concern, nor is it a corridor, Corridor H is the answer. ance the budget. When I talk to my pork-barrel project. Corridor H is a Yes, Sandy and I are going to spend 6 constituents, they think we ought to vital project that has been on the to 7 hours driving and we could spend balance it in 3 or 4 years, rather than books for 25 years. far less were Corridor H constructed. It 7 years. There is criticism no matter Let’s take a look at the map, Madam should not be constructed for our driv- what you do. Speaker. Here we are roughly in Wash- ing ease. What it ought to be con- Frankly, as it relates to the Wash- ington, DC. I–66 goes out toward the structed for is the economic growth of ington, DC, public schools, I would like Virginia line and intersects with Inter- this entire region, not only West Vir- to see them open the system up even ginia but parts of Virginia, Ohio, and state 81. The logical thing, if you were more so that parents could choose from Kentucky as well. going to continue going to the west, private, religiously affiliated schools Madam Speaker, I will be revisiting would be to go straight, would it not? the issue of Corridor H a good deal as well, but they are taking the most That is what Corridor H does. But in- more in the future. important first steps, as we are with stead our traffic, economic, and tourist the budget. and all other traffic, is required to go f And so, Madam Speaker, when we see to the north to 68 or down to the south MORE FREEDOM, INDEPENDENCE, pigs beginning to fly, I do not think we to 64 and keep going down. AND BANG FOR THE BUCK should criticize them for not staying Were Corridor H to be completed, and The SPEAKER pro tempore. Under a up too long or taking too long to get indeed 40 miles of Corridor H, 4-lane previous order of the House, the gen- the job done. These are important news Corridor H is already completed from tleman from Minnesota [Mr. items. It is all about more freedom, I–79, 40 miles to Weston, to GUTKNECHT] is recognized for 5 min- more independence, and getting more Buckhannon, to Elkins, West Virginia. utes. bang for our buck. But were Corridor H, the 100 and some Mr. GUTKNECHT. Madam Speaker, I f miles left, to be completed, what you probably will not take the full 5 min- The SPEAKER pro tempore (Mrs. would have is an extension of Inter- utes. As we adjourn today and Mem- MORELLA). Under a previous order of state 66, a major east-west corridor bers begin to return to their districts the House, the gentlewoman from Ohio that goes to I–79 and then permits you to celebrate the Fourth of July, I think [Ms. KAPTUR] is recognized for 5 min- to continue going to the west, either we should remember what we are really utes. down Interstate 79 or up and over on celebrating is Independence Day. [Ms. KAPTUR addressed the House. Route 50, another 4-lane road. There were two events, two news Her remarks will appear hereafter in What you would have is a straight items this week coming out of Wash- the Extensions of Remarks.] east-west corridor running all the way ington that I think deserve some atten- from the Washington metropolitan tion and may seem in some respects f area to Ohio, Kentucky and points disparate but I think they are related. west. AMERICANS WANT FASTER FDA Like the fireworks displays that we are DRUG APPROVALS This is truly a national highway. In- going to see in communities all across deed, it would also connect, Madam America next Tuesday, we should be The SPEAKER pro tempore. Under a Speaker, with the inland port at Front talking about independence, we should previous order of the House, the gen- Royal, an increasingly commercial de- be talking about freedom, but more im- tleman from Pennsylvania [Mr. FOX] is velopment that is showing more suc- portantly I think as it relates to gov- recognized for 5 minutes. cess in getting goods to the port at ernment programs, we ought to be Mr. FOX of Pennsylvania. Madam Norfolk. But the problem is that if you looking for ways that we can get the Speaker, life-saving new drugs do take are trying to bring anything from the most bang for our buck. too long to reach the people who need west to the east, you are confronted by them. From my district in Montgom- extremely mountainous and difficult b 1430 ery County, PA, I have heard many a terrain. Corridor H would end that. It And so I would like to talk about a compelling story from constituents is a major economic development cor- couple of news items. First of all, we with cancer, A.L.S., Lou Gehrig’s dis- ridor as well as a national highway, a have an expression back in the Mid- ease, epilepsy, or AIDS, who speak of highway truly of national significance. west, ‘‘When pigs fly,’’ which is an- the difficulties in obtaining these life- I think it should also be pointed out other way of saying that that is never saving, life-extending drugs. They need that some argue that it is too expen- going to happen. And I think if you them because the approval process in sive or environmentally damaging. would have asked people several years our country is so prolonged and, in ef- What they fail to acknowledge is that ago, Do you think the Congress will fect, they have to turn to other coun- the four routes that were considered, really get serious about balancing the tries where the products are available. two running to the south, one running budget? I think a lot of people would Is it not ironic that most of the life- to the north and now the route that have said, ‘‘When pigs fly.’’ saving drugs that are produced in the H 6684 CONGRESSIONAL RECORD — HOUSE June 30, 1995 world are produced here in the United WAKE UP, CONGRESS; WAKE UP, ents killed their 7-year-old daughter Stats, but our patients and our con- AMERICA and left her in a closet for 4 days. stituents are the last to receive them The SPEAKER pro tempore. Under a To those out there that have that because of over-regulation and delays previous order of the House, the gen- type of mental illness, put your child in the system which can be cleared up. tleman from Florida [Mr. FOLEY] is up for adoption. Do not take that child’s life. You know, children are Do not get me wrong. The Food and recognized for 5 minutes. being taken advantage of. Sexual abuse Drug Administration serves a valuable Mr. FOLEY. Madam Speaker, first I of our children, this has got to stop. purpose in maintaining high safety and would like to thank the employees of Members of Congress cannot legislate efficacy standards. However, it is im- this House of Representatives who endured hours and hours of debate while the protection of children, but neigh- portant to note that the FDA’s actions bors have to be careful and watch out directly affect the lives of patients and this House went into 24-hour session the other evening: The cloakroom for those around them, the vulnerable the ability of physicians to provide children of our society that are falling state-of-the-art care for their patients. staff, the individual staff of the Mem- bers of Congress, the Clerk’s office, the prey to the sick individuals that would What we need to have is a speeded up take their lives. process to approve or disapprove drugs stenographers that had to take down every word, the pages that have come Reading the story of young Wolfie, I so that the investments made by can only imagine the terror in his mind biotech and pharmaceutical companies from around our Nation that have helped the Members, the whip teams when his parents leave him in a mall can result in having saved lives and the and drive off in a car and they are quality of those lives extended for and everyone else. It was quite a spectacle. It was sad found in a park in Maryland 3,000 miles many years to come. for me as a freshman Member of Con- away. Left in California, a 3-year-old In addition, the FDA regulates busi- gress to watch the delay after delay, child in a mall. nesses that produce 25 percent of Amer- the motions to rise, the various tactics Many of you may have remembered ica’s gross national product, so the in order to stall the progress of this the story of Adam Walsh, who was kid- agency’s actions also impact on our House. naped from a mall in Florida, who was country’s economic well-being. The I came here to make a difference, to beheaded. They still do not have the United States is far and away the make change. And I know at times killer. I understand they are pursuing world leader in pharmaceutical and there are disagreements and I am cer- somebody who may have been involved. biotech discovery, but many firms are tain at times the Republicans did it I think it is important that America moving clinical trials overseas because last time to a Democratic-controlled wake up. The children are our future. of needless trends that do not bode well Congress, but I urge my colleagues on When we talk about balanced budgets, for the economic future of the United both sides of the aisle to stop this non- we keep talking about children, saving States. sense. the children’s future, taking away the The American public is watching and debt that is being piled on our chil- This can all be changed by legisla- they are sick and tired of watching dren’s future. tion; by making sure that we speed up Congress go into the night, go into the Madam Speaker and Members of this the process of FDA approval so that early morning hours, go 24 hours a day, Congress, it is time to stop talking our constituents will have the benefit spending taxpayers’ dollars while these about the children in abstract and of these life-extending and live-saving fine employees of the House of Rep- start talking about protecting their drugs. resentatives have to be away from very precious lives, start talking about In my 13th Congressional District of their homes, while the young pages 16 protecting children from the sick indi- Pennsylvania alone, we have 10 facili- and 17 years old are up all night long. viduals that would destroy their fu- ties of 4 major pharmaceutical compa- That is wrong. tures and destroy their opportunities. nies that employ 11,000 people. Here So the Democrats and Republicans I ask God to bless the parents of chil- they are at work very hard every day have to become more responsible in dren and, again I say to them, if you to make sure that we save lives and this process and they have got to stop are not happy with your child, if you improve those lives. I would not want the nonsense and start doing the peo- are not happy being parents, put your to see any of those companies or con- ple’s business. Start working on legis- child up for adoption and let somebody stituents lost their jobs because FDA lation that will change America’s prob- love your child the way that they need regulation is so overburdened and so lems. I mean we must have had seven to be loved to become responsible citi- over-regulated that we delay, in fact, motions to rise the other day, which zens. the service and the medical care for takes over 17 minutes per vote to do Again, my hats are off to the dedi- our constituents. that work. cated employees of the House of Rep- So we spent hours of wasted time resentatives who have endured many, Americans want safe medicines. They coming back and forth to the Chamber. many hours of debate and their willing- want a strong FDA that will keep un- People think it is funny in the Cham- ness to put in that time to make Amer- safe products off the market. But they ber. They laugh. How long can this go ica the great and strong Nation that it also want to see more emphasis on on? Let us take to the mattresses. The is. quicker access to medicines, faster American public who are watching on f clinical trials, and the delivery of C–SPAN or reading in the newspapers those services and devices to them. of Congress’ action are embarrassed. I WHY AMERICANS ARE ANGRY That is why I am introducing, working am embarrassed as a Member of Con- The SPEAKER pro tempore. Under a with colleagues on both sides of the gress for the actions we took the other previous order of the House, the gen- aisle, to have the Life Extending and day. tleman from Vermont [Mr. SANDERS] is Life Saving Drug Act passed here in Let me talk about another problem recognized for 5 minutes. this 104th Congress. We need to take that is confronting America and we Mr. SANDERS. Madam Speaker, I the action as soon as possible for the have got to deal with it, and that is want to just briefly this afternoon great benefit of our Nation’s patients child abuse. The other day we may touch on two issues: One, maybe offer and our constituents. I look forward to have read in the national newspapers some explanation as to why the Amer- working with my colleagues and the about a young child named Wolfie ican people are so angry. We keep read- chairmen of the important commit- whose parents abandoned him at a ing in the media about the angry white tees, like Commerce’s THOMAS BLILEY, mall. A husband and wife abandoned male, but I think it is not only the to make sure we act critically, quick- their 3-year-old child and left him wan- angry white male. A whole lot of peo- ly, and in an efficient manner so that dering in a mall thousands of miles ple of all colors and ages are angry, and our constituents will be served and, in away from their home. also on the floor of this House we hear fact, an industry that is so vital to the In South Carolina a woman allows a lot about class struggle. Class strug- country moves forward with economic two young children to be driven into a gle. Let me say a word about that also stability. lake and drowned. In Florida two par- if I might. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6685 Madam Speaker, I think that the av- lions of dollars, or the owners of the living in Durham, Buies Creek, Roanoke Rap- erage American is in fact angry, and I TV stations are talking about a boom- ids and other towns in the 2d district. Duke believe that that average American has ing economy. University has a Duke in Romania program, every reason in the world to be angry. and professors and students from Romania b 1445 What concerns me is very often our can be found at many of our universities. anger is taken out against the wrong It is booming, if you are making a Many Tar Heels have happily adopted lovely opponent. But let us focus on why we whole lot of money. It is not booming Romanian babies. should be angry. if you are a middle-income or working- All of us in the Western World owe a debt Madam Speaker, in 1973, the United class person. of gratitude to the people of Romania because States reached a high point of its eco- What I am also concerned about is they provided a buffer zone which helped pro- nomic life with regard to the wages and that the nature of the new jobs that tect civilized Europe from the barbarians. benefits that middle-income and work- are being created are not only low- When marauding hordes from the east threat- ing people reached. Since that time, wage jobs, they are often part-time ened Europe, it was Romanians who almost approximately 80 pecent of the Amer- jobs. What we are seeing now is a pro- alone in southeast Europe defended the west ican working people have seen either a liferation of part-time jobs because during the Middle Ages. They thus helped in- decline in their standard of living or companies would rather pay two work- sulate western European civilization from de- economic stagnation. That means after ers at 20 hours a week without benefits struction. 20 years of hard work, those people than one worker 40 hours a week with There are some 25 million Romanians living have gone nowhere economically. benefits. mainly in present-day Romanian and in the Furthermore, what we are seeing is I wonder how many Americans know neighboring Republic of Moldova, formerly that the American worker, in order to who the largest private employer is Bessarabia. Descending from the Dacians, compensate for the decline in his or her right now. People say, ‘‘Well, maybe it one of the most ancient peoples in Europe, standard of living, is working longer is General Electric, maybe it is General the Romanians have their linguistic roots in hours. We are making lower wages. We Motors, IBM.’’ Wrong. The largest pri- Rome (hence the name Romania), have deep are working longer hours. When you vate employer today is Manpower, In- cultural affinities with the west, and an want to know why Americans are corporated, which is a temporary agen- unshakable admiration for America. stressed out, why they are angry, why cy. The country fell under the influence of the they are furious, we should understand Very briefly, let me make some rec- Romans almost 2,000 years ago, and the Ro- that the average American today is ommendations as to what we might mans gave the local population a new lan- working an extra 160 hours a year more want to do to address this very serious guage, culture, and identity. When Roman sol- in order to compensate for our falling economic problem. No. 1, we have got diers withdrew from Dacia in the 3d century, standard of living. to raise the minimum wage. Workers in the inhabitants of the country remained and Now, if middle-income people and America cannot continue to work for survived as farmers and shepherds especially middle-aged people should be worried, $4.25 an hour. That is why so many of in and around the Carpathian mountain arch. While the culture and language tied the Ro- they are working longer hours, they our working people are living in pov- manians to the west, the location of their land are making less money, what about the erty. and the adoption of the eastern orthodox younger people? And that is where the No. 2, we need, in fact, a massive jobs church connected them to the east. training, jobs program, to rebuild this economy in the United States today The results of Romania's unique location country. In my State of Vermont, all looks extremely frightening. and history are rich traditions and a beautiful The real wages of high school drop- over America, there is an enormous culture. The Romanians developed an exquis- outs, that means people who did not amount of work to be done. Let us put ite folk art, a fascinating folk music, and be- graduate high school, plummeted 22 people back to work at decent wages came one of the friendliest and most hos- percent between 1973 and 1993. and rebuild this country. pitable peoples in Europe. Unfortunately, the For high school graduates who are f geo-political location of Romania has caused a entering into the job market, there has lot of suffering for the people. also been a precipitous decline in those A POSITIVE VIEW OF ROMANIA The Hungarians came to central Europe wages. So what is going on is that as AND THE ROMANIANS during the ninth century. They settled in cur- the standard of living of American The SPEAKER pro tempore (Mrs. rent-day Hungary and began to move east- workers declined in general, for the MORELLA). Under a previous order of ward into Transylvania, considered the cradle young workers it is becoming even the House, the gentleman from North of the Romanian nation, between the 11th and worse. Carolina [Mr. FUNDERBURK] is recog- 13th centuries. But, Madam Speaker, we talk about nized for 5 minutes. While most Transylvanian Romanians increase in poverty in America, decline Mr. FUNDERBURK. Madam Speaker, while stayed in their ancestral land, others crossed of the standard of living of American the Romanian Government has sometimes the Carpathian mountains where they met workers, the shrinking of the middle- gotten bad press in the United States for its their brethren and founded Wallachia to the class, the fact that 80 percent of our slow transition to democratic government and south around the beginning of the 14th cen- people are going nowhere economically privatization, and its part-free elections and tury, and Moldova to the east in the mid-14th except perhaps down. Is the economic mediaÐthe Romanian people deserve rec- century. During the middle ages, these two crisis impacting all people? And the ognition for their long suffering struggles and principalities became the most important Ro- answer of course is no, it is not. their contributions. This afternoon I want to manian cultural and political centers. And One of the very scary and unfair and give a tribute to the Romanian people. while Moldova fortified the Dniester River to unjust aspects of the American econ- There are over one million people from Ro- defend the country against the Tartars, omy right now is that in many ways we mania living abroad in Western Europe, North Wallachia fought many wars to defend itself are becoming two nations. The New and South America, and Australia/New Zea- against the Ottoman Turks. In the end, how- York Times a few months ago reported land. They have made a name for themselves ever, both principalities had to sign special that the wealthiest 1 percent of our in all fields with some winning Nobel prizes. treaties with the Turks and to pay them tribute population now owns 40 percent of the One of my colleagues in this House, Con- to keep their integrity. wealth of America. The richest 1 per- gressman MARTIN HOKE, has a Romanian During the late 18th and 19th centuries cent owns more wealth than the bot- mother. Nearly half a million people originally Tsarist Russia began to expand toward the tom 90 percent. from Romania settled in America, living in Balkans. Claiming to liberate the christians The gap between the rich and the every State. One RomanianÐDr. Nicholas from the Turks, the Tsars were in fact aiming poor is growing wider, and in fact it is DimaÐassisted me in preparing this historical at Constantinople and the Mediterranean sea. today wider and we have a more unfair sketch.1 There are Romanian settlements in After a war against Turkey, in 1812 Russia an- distribution of wealth than any other North Carolina and Romanian professionals nexed the eastern half of Moldova, which later industrialized nation on Earth. For the changed hands several times between Roma- richest people, these times are great 1 One Romanian hero, Father Calcin, who spent 16 nia and Russia. times and we can understand why the years in Communist prisons for his religious faith is In 1859, Wallachia and Moldova united columnists, who themselves make mil- here today. under the name of Romania, and the country H 6686 CONGRESSIONAL RECORD — HOUSE June 30, 1995 became the magnet for all Romanians. During week, had moved to cancel it this stand, four different panels, brilliant World War I, Romania sided with her tradi- morning, because at this moment I was testimony, ‘‘on the conditions that the tional friends, and fought against the central supposed to be taking off from Andrews Clinton Administration had set for nor- powers. In 1918, Transylvania, which at the Air Force Base on a congressional dele- malizing political relations based upon time was annexed by Hungary, North Moldova gation to Hanoi. It was a delegation led resolving the remaining 2,202 cases of (Bukovina) which was under Austria, and east- by minority Members in the other Americans still missing in Southeast ern Moldova (Bessarabia) which under Russia, body, the U.S. Senate. Asia. Dornan had requested to partici- joined with Romania. At long last, Romania Any minute, a page, Madam Speaker, pate in the minority Senator’s led dele- became a modern nation ready to claim its is going to bring out my passport gation, traveling to Vietnam over the place in the new Europe. stamped this morning with a visa by July 4 recess, in order to gauge the During the interwar years, Romania tried to the Vietnamese section, we do not have level of Vietnamese cooperation and ef- build democracy and to modernize its econ- diplomatic relations with Vietnam, forts to resolve the MIA issue, to inves- omy. Nevertheless, the ascent of communism with a visa to go to Hanoi on this trip. tigate human rights abuses and the se- and fascism put an end to stability and hopes Across my visa, I have just been in- vere crackdowns on the advocates of for a better future all over Eastern Europe. In formed by one of my staffers who democracy in now combined North and 1940, following the Nazi-Soviet Pact, the speaks Vietnamese is the word ‘‘can- South Vietnam,’’ all of it under com- U.S.S.R. invaded Romania and annexed again celed’’ and my visa was canceled by a munism, ‘‘and the crackdowns on reli- Bessarabia and for the first time northern telephone contact of a U.S. Senator, a gious leaders. During his Wednesday Bukovina. One year later, Romania joined minority Senator, who was elected to hearings, Congressman Dornan re- Germany and attacked Russia to reclaim its this House in 1974. ceived testimony from U.S. Govern- land. Now, I have the press waiting for me ment officials, missing-in-action fam- At the end of the war, Romania was occu- out on the grassy triangle following ily members, former government inves- pied by the Soviet Union which brought about the press conference by the gentleman tigators,’’ and here is the passport, the darkest era in the entire history of the na- from New Jersey [Mr. SMITH] on abuses Madam Speaker. Thank you, Nathan, tion. Romania with fewer native Communists in Communist China. I hope it goes ‘‘and a former prisoner of war which than other countries suffered more than al- long enough that I can finish this spe- cast doubts over administrative claims, most any other country under the Communist cial order and there will still be some Clinton administrative claims, of su- yoke. The full story of the misery, gulags, press waiting. perb Vietnamese communist coopera- death and damage done by communism has Within a few feet of where the press tion or unprecedented Vietnamese co- not yet been reported and exposed. And most conference will take place is my auto- operation. U.S. Government officials of those responsible have not yet been held mobile with all of my bags in it. I from the Defense Department, from the accountable. Mercifully, the worst of the Com- packed five suits and enough clothing U.S. State Department admitted to munist era ended in December 1989. Many for 5 or 6 days in Vietnam, Hanoi. I had Congressman Dornan’s committee that changes have followed, some of them positive packed only one piece of reading, the Vietnamese were continuing to and hopeful. Nevertheless, the economic, McNamara’s disgraceful, evil book on hold back key documents, key records moral and spiritual damage caused by com- Vietnam and how he knew before he and the remains of prisoners who are munism was staggering and will probably even sent the first Marines in there known to have died in captivity. The haunt Romanians for generations. [Now that that he had no plan or strategy for vic- Senator who is leading a congressional Ceausescu's communism is gone from Roma- tory and would be squandering lives for delegation to Vietnam during the July nia, the only Romance-language speaking whatever length of time it took, and it 4, recess,’’ now I am quoting from the Latin country in the world remaining with a took 5 years under him and another 5 Senator’s own press release carried on Communist dictatorship is Cuba under Castro]. years before we had decided we were the Associated Press wires at this mo- Things have not been very good in Romania going to desert the democracy in South ment, ‘‘to celebrate the 25th anniver- since the 1989 demise of the evil Ceausescu Vietnam. sary of this then-Hill staffer’s efforts regime. The old Communists are still in power Here is the press release which I will to expose the so-called tiger cages under a different name, but the country has read, Madam Speaker, and that I am where Vietnam War,’’ an old French made efforts to befriend the United States and giving to the press in a few moments prison out on an island in the mouth of to rejoin the West. out in front: ‘‘For immediate release, the Saigon River, used extensively As one who spent 6 years of his life in Ro- June 30, 1995,’’ precisely 20 years and 2 after Saigon fell, for the torture, death mania, as a student, research professor, USIA months since the Communist forces and abuse of people whom we had be- guide and United States Ambassador, I am a out of Hanoi conquered South Viet- friended and who had worked for us and friend of the freedom-loving people who is nam. We were unable to do for South trusted the world’s leading democratic concerned about their fate and their country's Vietnam what we did for South Korea superpower that they would never be relationship with the United States. It is time to or France twice. deserted. support the people of Romania. We should as- ‘‘Dornan denied visa for Vietnam. They were put in these very small sist the true democrats in their efforts to de- Washington, D.C. U.S. Rep. Robert K. tiger cages years later. They are called mocratize and privatize the country and bring Dornan, Republican, California, was de- tiger cages because they are below the the country closer to the United States and nied a visa today by the Vietnamese ground, similar to French prisons all West. Democracy, stability, and prosperity in Government after Senator,’’ I am going over their now-disappeared French co- Romania would also be in America's best in- to leave his name out at this moment, lonial empire. terests. I wish the Romanian people well and ‘‘instructed the Vietnamese to deny But, ‘‘On Friday, Vietnamese offi- thank them for their contributions to America. Dornan’s visa, according to Vietnamese cials in Washington informed Dornan’s May God bless the Romanian people and may officials at the Vietnamese interest office that the Senator,’’ the minority God bless America, as we enter Independ- section in Washington, D.C.’’ Senator, ‘‘leading a single-party dele- ence Day week. I have just spoken to three eye- gation now, because two staffers were f witnesses. One of them is an Air Force also canceled off this trip.’’ A senior sergeant, an E–6, who was at the Em- staffer of the gentleman from New HANOI VISIT CANCELED bassy 9 o’clock this morning until York [Mr. GILMAN] was denied his visa. The SPEAKER pro tempore. Under 11:30, when the Senator’s call inter- Again, Vietnamese were forthcoming the Speaker’s announced policy of May vened, a minority Senator, and this at the interference of the Senator’s of- 12, 1995, the gentleman from California majority chairman of the Subcommit- fice, and a senior staffer of Colonel [Mr. DORNAN] is recognized for 60 min- tee on Military Personnel had my visa ROHRABACHER, a Marine major in the utes as the designee of the majority canceled. ‘‘Dornan, chairman of the Reserve, who had been just recently leader. Committee on National Security Sub- put on Chairman GILMAN’s staff, full Mr. DORNAN. Madam Speaker, I committee on Military Personnel, con- chairman of International Relations, come to the floor today under unprece- ducted oversight hearings last Wednes- he was denied a visa. They had been dented circumstances. I had signed up day,’’ 11 hours and 35 minutes of hear- going for a week. They are here on the for this special order earlier in the ings, about a 30-year record, I under- Hill with their bags also. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6687 I go to the back of the visa, I mean He testified before. I asked him, Eisenhower was our commander in my passport, my official passport. Here ‘‘Please call your wife who happens to chief when this Senator and I were on is the visa, today’s date, and stamped be Vietnamese down in Arkansas.’’ active duty, so we never were in com- across it in three black blocks, the Vi- This is a loyal son of Arkansas who bat, although I flew 14 missions as a etnamese words for ‘‘canceled,’’ Da wore his Nation’s uniform as an expert journalist. He never flew one. But he Hue, ‘‘canceled,’’ thanks to the U.S. for over 20 years. told tall stories to Dave Broder. It is in Senator. That is what is unprece- He said, ‘‘My wife will understand. Dave Broder’s book that he flew com- dented. Their cooperation is not un- I’ll have my baggage flown up here,’’ bat patrols in Vietnam, and, when precedented. This is an unprecedented and his visa was denied at the Viet- nailed for lying during his Presidential act of treachery on this Hill. I have namese communist section in north- race at one point in history, he said all never heard of such a thing. west Washington at the intervention of fighter pilots exaggerate and lie. I would never deny the most liberal this same Senator’s office. No, we do not. Member in this Chamber, even if I I finish my press release saying: So, here are the pictures, the infa- knew something about his personal I was asked by MIA families, Viet- mous tiger cages in 1970. Looks like conduct, I would not deny him coming namese-American constituents. I rep- military barracks to me. All right; on a balanced codel anywhere in the resent as many Vietnamese as anyone there is one of the below-ground pris- world at taxpayer expense. in this country. I used to represent ons. You know what we held in there? Having given up my Fourth of July more than anybody else, but, after the Terrorists who had tried to kill the with my nine grandchildren, a tenth on census I split them with the gentleman Secretary of State of the United States the way, everybody that follows poli- from California, DANA ROHRABACHER, who had blown up a restaurant. Re- tics knows that I am running for the who holds the seat to the west of mine. member that cover of ‘‘Life’’ maga- Presidency back in the pack. It was one of DANA ROHRABACHER’s sen- zine? Everybody coming across the lit- ior staffers, I repeat, a reserve marine b tle gangway bridge to the Saigon River 1500 major that was also denied a visa this restaurant, blood dripping off them, This was my first real trip to New morning, a few hours ago. looking for all the world like Okla- Hampshire, and when relatives of At this critical time, before this Con- homa City. That was a bomb attempt POW’s and missing in action begged me gress, where we are debating normaliz- to kill the Secretary of Defense of the to go on this trip to Hanoi to give it ing relations, for this Senator to deny United States. They caught the man balance, I talked to my wife, and she the chairman of the subcommittee of who set that bomb. They executed him. said, ‘‘Your job, my husband, is to be in National Security and the chairman of Compatriots went to prison, and Jane Hanoi, to try and seek some honorable an Intelligence subcommittee—I am Fonda named her son after the cap- resolution to this, the most hurtful one of only two double chairmen in the tured assassin who was executed, Troy, scandal in this Nation since the abuse whole House, either party of course, T-r-o-i. That is Jane Fonda’s oldest of Union prisoners at Andersonville in and when I am responsible for the well- son. the Civil War.’’ being of our service people, to deny me U.S. adviser, you have no right to ‘‘This is an outrage,’’ said DORNAN. to opportunity to investigate the level interfere. Yes, it is an outrage all right. Who had of Vietnamese cooperation is certainly This was a big congressional delega- been asked by veterans organizations, a slap in the face of all of the families tion. Some of the Members whose pred- including the executive director of the of our missing in action. ecessors were on this trip told me American Legion telling me to go, DORNAN announced today that he is about them. Never a word by this mem- Carol Hrdlicka, who I have known for going to try to lead a delegation to ber about the killing fields in Cam- 30 years. Her husband was my best Vietnam. Now he is going to put later bodia, 2 million people killed. Never a friend in the Air Force. I checked him in the week. It seems to be impossible. word about the 68,000 people who were out in the F–100 Super Sabre. He was It is always up to the Vietnamese to do executed by death lists. He probably the first F–105 pilot shot down in what they want with or without diplo- does not believe it. Never a word Southeast Asia in Laos. He was only matic recognition, so I will try and put about—— TDY from McConnell Air Force Base, something together in the August re- He is in the air right now, climbing KS. He was shot down on May 18, 30 cess. out over Virginia, heading for Hickam years ago, last month. Carol begged me Now I want to tell my colleagues a Air Force Base, HI, and then Guam, to go on this trip. story so that I can strictly follow and then into Hanoi, a total one-sided Victor Pockus’ sister, Delores, House rules and not upset our three delegation with two key House staffers begged me to go in testimony in front parliamentarians, honorable men, all stripped of their visas and a chairman of my committee. ‘‘Why can’t you, as a of them; one of them an Air Force of a military personnel subcommittee. chairman, go on this Senate CODEL, Academy graduate. I will refrain again Unbelievable. Congressional delegation, to Hanoi? from using the name of the said Sen- I will not put this in the RECORD be- Please go.’’ She stayed after the hear- ator, but here is the article from cause it may give the House a problem, ings imploring me to go. ‘‘Life’’ magazine where he violated but I sure want people to go to their I was rushing through visa status House rules and used Government film, local libraries and read this article of this morning, a visa for Garnett, Wil- and I checked it again with an honor- July 17, 1970. liam Bell, a retired full career airborne able Member, the minority, who is a Now, Madam Speaker and our excel- ranger, fluent in Vietnamese, that Lao two-star general in the reserve and who lent parliamentarians, let me use a language, the Thai language, who had repeated his words to me of 20 years Jonathan Swiftian style here. The been assigned to greet our POW’s from ago. canon of St. Patrick’s Cathedral in captivity on the ramp at the airport in Should I have gotten in a fist fight Dublin, Ireland under an oppressive Hanoi when they were released. Every with this hill staffer who was elected British Government, Protestant Irish- one of the four flights of—freedom- to Congress 2 years later to take back man who wrote ‘‘Gulliver’s Travels’’ flights we call them—came home. Bill the Government film that he had shot and always used metaphors in a styl- Bell was there in February and in with a Government camera and that he ized way of getting his political points March 1973. sold to ‘‘Life’’ magazine for about across, one of the modern fathers of po- Then years later, because of his intel- $25,000, funding his victorious Water- litical satire, and a Swiftian style that ligence knowledge and his language gate baby face in 1974? was used very well by CYNTHIA MCKIN- skills, he was the first chief of office in Here is the ‘‘Life’’ article, July 17, NEY of Georgia, one of our more elo- Hanoi throughout almost all of 1991, 1970. How they unearth the tiger cages. quent lady Members, or Members of ei- from its establishment date, through There is his rather handsome face, a ther gender, she quoted ‘‘Animal all of 1992, the missing in action and ex-naval officer and, like me, a fighter Farm’’ once to get at our Speaker’s lu- POW office in Hanoi, and the best, the pilot who straddled a J–57 Pratt-Whit- crative prior book contract before he most knowledgeable, chief that office ney engine. Like me, because we are very honorably, because he is an honor- has ever had. the exact same age, peacetime pilots. able man, canceled it all for a dollar. H 6688 CONGRESSIONAL RECORD — HOUSE June 30, 1995

But I told CYNTHIA, ‘‘Very clever to was already home free in Bangkok, and there. We don’t care if you come in. It’s use ‘Animal Farm’ to describe this here was $265 and some change. I re- always your Members who come in and place so the parliamentarians couldn’t member that figure. Here was his tell us to block the State Department gavel her down as Mrs. MEEK’S, CARRIE trench coat fresh from the cleaners, all people.’’ MEEK’S, had been gaveled down a few of his civilian clothes all pressed neat- And suppose I told you that our intel- days before.’’ ly, all kept in a box with his bones. ligence people were able to listen to So in the style of Jonathan Swift of When his bones were analyzed, the conversations inside the Communist the 1700’s and in the style of Mrs. signs of torture were so bad that some headquarters in Nicaragua, and sup- MCKINNEY of Georgia, let me use a se- of the bones were damaged. It is hard pose I were to tell you, Madam Speaker ries of supposes: to tell when the flesh has been tortured and Mr. Parliamentarians, that I have Suppose you had a House Member and you have been tortured to death if read the transcripts of what some sit- who came using money from ‘‘Life’’ the bones are not broken. ting Members here and this former magazine to this Chamber by selling And I came to the well and told that Member now—supposedly a Senator Government-owned film because a sen- story, and suppose a U.S. Congressman talked over with Daniel Ortega and ior Member and a hero of the crusade who had been a naval officer rushed to Humberto Ortega, who were running 16 in Europe under General Eisenhower that lectern and said in so many words reeducation camps, euphemism for con- was not willing to get in a fist fight he got what he deserved because he centration camps. with him to get the film back; suppose went back chasing a girlfriend. That is b 1515 that Member came here and was a key why he went back into Saigon after the Suppose I told you I read those tran- man to cut off not only military aid to Communists take over. scripts and suppose I told you that if the struggling—flawed, yes, but not as And suppose I had a confrontation at we had had a declared war in Central flawed as the Communist government. that desk right there and said, ‘‘Your America, which we did not, which we When I left Saigon in August 1972, naval officers’ white uniform is covered did not in Korea and did not in Viet- there were 44 newspapers. To this day with the blood of these MIA’s.’’ nam, that it would have constituted there is only one Communist paper. Suppose that man had been on that 10-member select committee that high treason. That is what happens when Com- Suppose I told you that a former turned back over $200,000 and shut munists win. Member on this side who became a Sec- down in December 1976, 3 weeks before Oh, to be sure, there was corruption, retary of Defense and a former Member I raised my hand at that desk and took as we have had corruption in our Gov- on this side who is now chairman of the oath of office planning on doing ernment here from the Teapot Dome one of our most important, key com- scandal, to Watergate, to Whitewater. something to the best of my ability to mittees here filed charges to inves- We have had scandals in our govern- find out why we left live Americans be- tigate violation of security oaths by ments here in this country. It is hard hind in Laos? some of the highest ranking people in Suppose during the Sandinista debate for us to point fingers at emerging de- this place down to some other people the Communist Sandinistas, who were mocracies given our background of who had been here and were serving in running 16 concentration camps—sup- slavery. other bodies. So, this new Member—suppose a new pose a Member came to that lectern Suppose I told you there has been a Member came here and worked to cut and said the Communist Sandinistas— pattern of such treachery by some off the economic aid with a Senator he would not have called them Com- Members here that three Members of from California who is long gone, who munists—were the moral equivalent of the minority party this morning in left in a cloud of controversy and scan- the Boy Scouts of America and then this aisle, in those seats on this side of dal, corrupting money and politics. would begin to rattle off the Boy Scout this aisle told me that this Member Suppose this Member cut off all aid and attributes: kind, obedient, gentle, was flat out a pro-Communist Marxist cheered when, quote, Saigon fell, un- trustworthy, and then his memory and the best thing that ever happened quote. broke down and he could not remember to this Chamber was that he is gone Suppose when I got here 2 years later the other attributes of a Boy Scout. from here. I came to this very lectern and talked Suppose I, together with DAN BUR- Suppose I told you that that was the about an honorable retired Marine who TON, caught a Congressman down in truth and I was willing to polygraph on worked for the CIA who was caught in Nicaragua who had an Air Force air- it. Saigon April 30, 1975, was taken to the plane at your tax expense, all by him- Suppose I told you that you tax- Saigon jail and tortured for a year. self with an Air Force crew of three, a payers and you, too, Madam Speaker I went to his funeral in Arlington C–121 Learjet, all by himself, and was and the parliamentarians who all pay when his remains were returned. His going in to meet with the Ortega taxes, suppose I told you that on the name was Tucker Gugerman. brothers, and suppose I were to tell you Fourth of July that I was willing to Suppose I came to this well, did a that DAN BURTON of Indiana said, tak- give up there is going to be drinking tribute to Tucker Gugerman and ing the Lord’s name in vain under- and embracing and celebrating of the talked about how there was a live standably, you are not going into that Communist victory over poor pathetic American in Saigon prison when they blankeddy-blank place without Con- South Vietnam, 68,000 people executed, were—when they were shutting down— gressman DORNAN and Me, or I am some of them for only typing on Amer- when they were shutting down the going back to the States, and having a ican GSA-supplied typewriters and be- POW–MIA committee with a half a mil- press conference, telling the world that lieving in us. lion dollar budget—shut down in De- you are licking the boots of these com- Suppose I told you that there is cember 1976. This man was being tor- munist killers down here. going to be a celebration in Saigon, tured to death, his screams could be And suppose this congressman said, and it will be Saigon some day again, heard all throughout Saigon jail, and I ‘‘All right,’’ by then a Senator—‘‘all just like Leningrad is St. Petersburg told his story here. right, you can come with us.’’ and then and Stalingrad is Volgagrad, some day I went to Hawaii in middle 1977, my told the Vietnamese—excuse me, it will be Saigon again, it will not be freshman year, with Congressman Freudian, told the Nicaraguan Com- Ho Chi Minh City forever, as soon as ‘‘SONNY’’ MONTGOMERY. We picked up munists, ‘‘Don’t let Congressman DOR- the bamboo wall falls like the Berlin the first small boxes of our heroes’ re- NAN and Congressman BURTON come wall in North Korea, the palm-covered mains, watched these boxes opened up into our briefing. You deny them, and prison of Cuba goes free, some day at the central investigative laboratory I will pretend I want them in.’’ China will go free, thanks to the efforts on the western edge of Hickam Air And then suppose I told you that a of people here like NANCY PELOSI, we Force Base. I watched Tucker Communist official with no accent, bi- will see these remaining four Com- Gugerman’s box opened up, CIA, ex- lingual, raised in San Francisco, named munist countries in our lifetime, short- U.S. Marine. It has not been touched. Robert Vargas, came out and told me, ly now, within 10 or 15 years, they will He had not even unpacked. Yes, he ‘‘We wanted you to come in. It was the all be free. You cannot stop democracy went back to get his fiancee out. He Senator who didn’t want to you guys in now and liberty, it is on the rise. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6689 Suppose I told you everything that I Hampshire, because you are going to When I tell you that Clinton gave aid have just said is true and that there is have U.S. Senators and, God forbid, the and comfort to the enemy in Hanoi by such a Member, that his own col- three House Members from the minor- his Moscow trip and his demonstra- leagues call him Marxist. And suppose ity, one of them a distinguished Army tions in London, where they were I told you at taxpayers’ expense, with captain from the D-Day period. I hope called the fall offensive, so named by honorable Air Force officers and en- they are not toasting the terrorists and the same Communists in Hanoi that listed men carrying luggage, is going the Communist victors who brought will be toasting Americans today—— to celebrate meeting with General Giap such human rights abuse and grief to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and with the so-called liberated pris- all of Southeast Asia, including Cam- The SPEAKER pro tempore (Mrs. oners from the tiger cages with much bodia and Laos. Including Laos, where MORELLA). The Chair would caution drinking and celebrating and hugging. I swear to you on my honor we left live the Member to be very cautious of any That is like Tom Hayden and Jane Americans behind. Three by name: statements about the President of the Fonda arriving at the airport during Gene DeBruin, CIA; my best friend, United States. the war. Again, if there was a declara- David Hrdlicka, U.S. Air Force; Charlie Mr. DORNAN. Thank you, Madam tion of war, do you think she would not Shelton, shot down on his 33d birthday, Speaker. I know I am pushing the enve- have been tried for treason? What does April 29, 1965, a prisoner of war, so de- lope, but then I used to fly constitute aid to the enemy? Comfort clared until a few months ago, last supersonically. I will revisit this floor. to the enemy? What is an enemy with- prisoner of war, prisoner of war moved The SPEAKER pro tempore. The out a declared war? What is aid and to presumptive finding of death with- Chair would like to also point out for comfort to the enemy? Is it leading a out a shred of evidence. I guess I go to the RECORD something that the Rep- demonstration in a foreign country? Is my grave and, if I live as long as my fa- resentative does know, just to remind it traveling to a so-called peace ban- ther at 84, that is going to be 22 more him, that personal references to Mem- quet in Moscow at the height of the years of trying to find justice for what bers of the other body, even though not war during one of the bloodiest periods we tried to do in Vietnam. mentioned by name, when it is very of the war? Is it what McNamara did, I tell you now that Adm. Tom Moore clear to whom the references are made, resigning on leap year day, February is correct when he called Robert should be avoided, and this is some- 29, 1968, the single bloodiest month of Strange McNamara a war criminal. I thing that had been mentioned on Feb- the entire conflict? Does that con- do not have to treat him with kid ruary 23, 1994, by the Chair. stitute treason to say you are killing gloves, because he has never been f thousands of Americans and it just was elected to anything in his life and is not worth it and then to have other not a member of this or the other body ASSAULT ON THE VOTING RIGHTS people say they were vindicated by this or ever has been. ACT poisonous book that has ripped open I tell you that the greatest military The SPEAKER pro tempore. Under the hearts and the memories of moth- writer extant today, Col. Harry Sum- the Speaker’s announced policy of May ers and fathers now in their 70’s and mers is correct when he called Robert 12, 1995, the gentleman from New York 80’s and widows who have never remar- Strange McNamara ‘‘raw evil.’’ The [Mr. OWENS] is recognized for 60 min- ried and children who are now in their only person, with all the mistakes, he utes as the designee of the minority 30’s that were little 8-year-old children even criticized the great West Pointer leader. when the war ended, like Colleen Shine General Westmoreland, but he said Mr. OWENS. Madam Speaker, yester- who testified so heartbreakingly in they all made mistakes of judgment. day the Supreme Court began the proc- front of my committee on Wednesday? He said McNamara was raw evil. My colleagues, obviously everything ess of dismantling the Voting Rights When a commander in chief, who Act. I think it is very important to I am telling you is not McKinneyish; it avoided the draft three times, I am not is not Jonathan Swiftian. It is fact. I note, however, that in that process it using the word ‘‘dodged’’ although that was a 5-to-4 decision. All hope is not feel like Mount Saint Helens on May is in my heart, who avoided the draft 17, 1980, the day before the big explo- lost. Since it was a 5-to-4 decision, I three times and had his draft induction urge all Americans to take a close look sion. day, July 28, 1969, politically sup- I am going to get justice here. I am at the issue from the point of view of pressed, when a person like that who going to get justice for all the Viet- Justice Ruth Bader Ginsburg, who of- loses 19 rangers in Somalia without namese who were tortured to death in fered a brilliant dissent from the ma- their gunships or one lousy tank, when those so-called reeducation concentra- jority opinion. he had four tanks at Waco, two tion camps. I am not going to forget It is very important that we under- Abrams, two Bradleys, when a person our noble cause, as Ronald Reagan stand what Ginsburg is saying. The like that says he is vindicated by a war called it, to keep South Vietnam as hope for the future lies in the following criminal, what does that make that free as South Korea, flawed but much of the line of reasoning laid down by person? better than a Communist tyranny. Justice Ginsburg. This decision will I got an urgent release that the press I am going to go over with the par- not stand like many other misguided conference has started without me out liamentarians how I can recoup my Supreme Court decisions. One day we on the grassy triangle. I want to close honor from January 25 of this year, expect it to be overturned. But it is by thanking the staff again. I have when I used the expression ‘‘aid and here now. It is most unfortunate. It is done this as much as anybody I guess, comfort to the enemy.’’ I know it is in a very serious matter at this point. but you folks are the greatest to stay the Constitution. I know there is a Even with the decision of yesterday all night and take us through 38 votes technicality when war is not declared. still alone, it would be a serious matter in 3 days, amazing. It will be back to But I am going to discuss every dic- because, after all, it goes to the heart this well. I am going to seek justice. tionary definition, British and Amer- of the civil rights progress over the I will tell you this: This ex-member ican, of aid, of comfort and of what last 20 years. It deals with voting. It here, now a Senator, is from a Bible constitutes an enemy. deals with representation. The Voting Belt State. The first State through a I will be back to relive that moment. Rights Act has been a huge success. caucus probably that will probably And if the parliamentarians, who we The Voting Rights Act by any measure pick the next President of the United were nice enough to hold over from the has been a huge success all over the States. I am back in the pack. I know Democratic 40 years, rule against me, I Nation at every level, whether you are who will win in Iowa on Lincoln’s will appeal the ruling of the Chair. And talking about municipal offices or birthday in 1996, this coming February. if I do not win a vote from my side of State offices, school boards, certainly I will tell you, if you are from Iowa, the Chamber, the majority, as a double at the level of Congress, representation you know most of this material. I can- chairman, I will resign from this Con- under the Voting Rights Act has great- not believe what you have sent to rep- gress on the spot, if I do not win a vote ly increased for people of African de- resent your country. I hope you enjoy from my own colleagues on appealing scent, for people of Latino descent and your Fourth of July in Iowa and New the ruling of the Chair. for some other minorities also. H 6690 CONGRESSIONAL RECORD — HOUSE June 30, 1995 It has been a great success in the and for all, in the Constitution of kinds of mistakes that the Supreme Congress. We now have 40 persons of America, that all of the ex-slaves were Court makes in its interpretation of African descent. If we had a numerical to be considered as full citizens of the the 14th amendment. We need a truth formula of the 435 people in Congress, if United States of America. commission. South Africa has a truth you had a numerical formula that What was the history of the Constitu- commission that is set up. In Haiti every group should be represented in tion before the 14th amendment? Be- they are talking about setting up a proportion to its size in the population, fore the 14th amendment, the Constitu- truth commission. and we do not have such a formula, I tion was not silent on slavery. The Horrible things happened in South am not asking for such a formula, but Constitution was not silent on slavery. Africa. South Africa was a situation if you had such a formula, the African Unfortunately, the Constitution stated where the minority population, minor- American population is approximately earlier that in counting for representa- ity white population, almost enslaved 13 percent of the 260 million Ameri- tion in the House of Representatives, but later on forced into second class cans; 33 million people. So the 13 per- slaves in the States would be consid- citizenship the majority black popu- cent would not be, if you had 13 per- ered three-fifths of a man, male slaves, lation, so South Africa, in order to cent, you would have a little more than of course, would be considered three- move ahead, in order to progress, re- 40. Ten percent would give you 43, of fifths of a man. After all, women did fused to try to punish the people who course; maybe 44, but 40 is pretty close. not have the right to vote, whether were responsible for the crimes during The act has accomplished its purpose. they were free or slave. Each male the era of apartheid. Instead of trying It goes a long way in the direction of slave would be considered three-fifths to punish them, they are trying to seek accomplishing its purpose toward giv- of a man. That is in the Constitution. reconciliation. The process of rec- ing representation which reflects the The Constitution spoke again in the onciliation is being driven by a truth population. 14th amendment and made it clear that commission. So it is a serious matter to begin to nobody should be considered anything They said, ‘‘We cannot punish every- roll this act backwards. Yesterday, of other than a full-fledged citizen. It was body. If we tried to punish everybody, course, it should be remembered, the done by the same people who had we would probably end up devoting re- Supreme Court did not throw out the fought slavery. The spirit of the aboli- sources that would be badly needed to Voting Rights Act. The Voting Rights tionist was on the floor of the House of build the country.’’ If we tried to pun- Act is not nullified. The Voting Rights Representatives, so it is crystal clear ish everybody, we would probably in- Act has not been declared unconstitu- what the first and most important in- flame situations among groups and in- tional. The Voting Rights Act has been tent of the 14th amendment was. The dividuals which would only lead to merely handicapped, strangled a little misinterpretation of the 14th amend- more violence. It would only make it bit; the process of strangling has ment is at the heart of what went more difficult for the country to come begun. But it is not dead. It is not de- wrong with the Supreme Court. Justice together, so we do not want to try to stroyed. Ginsberg clearly understands that. The punish. We do not want justice. We I will talk more about that in a few other Justices choose not to under- cannot afford justice. minutes. If the decision with respect to stand it. Mr. Speaker, I have been on the floor What the South Africans have said is the Voting Rights Act had come along, that reconciliation is more important it would be serious enough, but the Su- before and I have talked about the need for a truth commission. The whole than justice. They have gone forward. preme Court also moved on matters re- However, they said we do want the lated to race and civil rights in this dark period of slavery in the history of America has been pretty much ignored. truth known. We are not going to go particular session to strike down the forward as a nation unless we have a setaside contracts that the Federal In the textbooks, nobody wants to talk about such unpleasant things. How- commission that goes back and exam- Government has sponsored in the ines the crimes that were committed, Adarand decision. The Supreme Court ever, slavery existed in the United States of America for 232 years. People and tells the story. They will name also backed away from school integra- names, but nobody named, nobody tion in a case that was also passed on. chose to call slavery the peculiar institution. It was not an institution. Slav- found in the telling of the story to be b 1530 ery was a criminal industry. Slavery guilty of a crime, will be punished, no The direction is to declare that the was a criminal industry. Slavery was matter how heinous the crime is. If it 14th amendment, the 14th amendment designed to exact as much labor from took place during the period before the is for the purpose of establishing a human beings as possible. new constitution came into effect, they color blind society. The 14th amend- Some people have compared 232 years will not punish anybody. They have de- ment may have that as one of its pur- of slavery with the holocaust per- cided that vengeance belongs to God. poses, but the 14th amendment first of petrated by Hitler. I do not think that Probably only God is powerful enough all, most important of all, is an amend- is an appropriate comparison. We do to really take vengeance. It would de- ment which was designed to bring the not need to borrow words like that. We stroy their nation if they sought jus- newly freed slaves into the mainstream are to give a clear designation to what tice. Reconciliation becomes more im- of American society legally. happened in slavery. Slavery was an at- portant than justice in South Africa. The 14th amendment was developed tempt to obliterate, obliterate the soul The same pattern has been repro- at the end of the Civil War, after the and the humanity of the African-Amer- duced in Haiti. The Haitians have de- Emancipation Proclamation. There is icans who were transported here cided they do not have enough jails, no question, it is very crystal clear against their will. They wanted to ob- they do not have enough courts. They what the first intent of the 14th literate their souls, they wanted to ob- cannot pursue the people responsible amendment was. The first and the literate their humanity, in order to for 5,000 murders over the last 3 years. most important intent of the 14th make them more efficient beasts of They cannot pursue, except to a lim- amendment was to deal with the fact burden, in order to make them work ited extent, the people who perpetrated that legal status as citizens must be better, harder, and derive more profits the crimes that were so heinous during assigned and given to the newly freed from their work. That is what slavery the period of time that Jean-Bertrand slaves. That was the one clear intent was all about. Aristide was kicked out of Haiti and from the very beginning. I think we need a truth commission had to remain in exile here in the Unit- If we expand that to cover other mi- to make the story of slavery known to ed States. They do not want to destroy norities, if we expand that to cover all Americans. We have glossed over it. their nation by using their resources to other groups that are discriminated We cannot have a Nation exist in a seek justice. They do not have the ca- against, there is nothing wrong with healthy state that chooses to ignore a pacity to seek justice. They chose rec- that, of course. Interpretation can be segment of its history that went on for onciliation, instead, because it is the so much broader. However, the first 232 years. Unless we come to grips with only positive way to go. and most important purpose of the 14th recognizing what slavery was all about, However, they wanted a truth com- amendment was to make it clear once we are always going to be making the mission. They want the story told. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6691

They want it known who did these ter- York City, New York, NYDIA they will fall into the poverty cat- rible deeds, who was responsible for VELA´ ZQUEZ, her district is being chal- egory, also, so poverty and the con- those awful murders and mutilations. lenged, and of course there will be liti- sequences of poverty are experienced They want this truth to be known. gation connected with that. regularly by an African-American com- They will not punish anybody, but they If any district in any part of the munity that came out of slavery after want the truth to be known. country is ordered to redraw its lines, 232 years of slavery, and found no help, The United States of America needs a of course it affects all the other dis- no Marshall Plan. The Freedmen’s Bu- truth commission about slavery, about tricts that are nearby, so in Georgia, reau that was set up was a tiny little slavery and the implications of slavery you will have all the districts in Geor- operation for a few years, but no effort for the African-American population of gia affected by the decision yesterday was made to help millions of people in this Nation. The truth should be told; a with respect to the 11th Congressional a transition from slavery to full citi- full commission to look at the whole District in Georgia. In New York, if zenship, so the consequences of that 232 years, and also to examine the 100 any one of the districts in downstate have come down from one generation years after the 232 years, where slavery New York are affected, all of the dis- to another. It is not surprising that was followed by an oppressive effort to tricts will be impacted. They have to they are poor. keep the descendants of the slaves from be redrawn. The economic consequences have enjoying full citizenship; the The consequences will be great. The generated other problems. When people lynchings, the murders, the systematic consequences will be great in terms of have decent incomes, they can take denial of due process. political terms, partisan political care of most of their own problems. There were laws on the books which terms, because it allows a situation for When people have decent incomes they denied the right to vote. There were a great deal of mischief. The Supreme do not need welfare, public housing. laws on the books which made it clear Court has said that politics is war When people have decent incomes, they that they did not want African-Ameri- without blood. If politics is war with- can take care of their family problems cans to have the right to have a trade, out blood, then no general will pass up to a greater degree. to be able to earn a living as a car- an opportunity to take advantage of Every family has problems: middle penter, as a contractor, as a person whatever situation opens up, so the class, the rich, working class, poor. Ev- who had a trade that they could use. generals in the Republican Party will erybody has problems. However, what They could not get licenses. They had take advantage. gives the middle class and the rich to work for somebody else. On and on All kinds of things are about to hap- great advantages is they have money it goes. It all needs to be examined. pen in the African-American commu- that can help to deal with their prob- When we are talking about affirmative nity. We have always enjoyed certain lems, and they do not have to have action and voting rights and the neces- kinds of privileges in terms of certain their problems become public, a public sity for special situations, we need to groups have never been very popular. consideration. know the background. We need a truth The public has never supported certain The black community does not have commission that establishes that. parties. Therefore, you can expect that that. Large amounts, the great, pre- The consequences of the Supreme people who think one way will not de- dominant percentage of the African- Court’s misguided decision are great, clare themselves to belong to a certain American community are poor. There as I said before. The Supreme Court, on party, or they will not declare them- is a book that was written in the 1930’s the surface it sounds like common selves to be conservative or to be in called Black Bourgeoisie, by E. Frank- sense, of course, would dictate that, of favor of certain kinds of policies which lin Frazer. For many years this was a course, America is a color blind soci- are detrimental to the masses of people textbook for black college students and ety, and the 14th amendment for equal that they represent in a given congres- black leaders. Everybody had to read protection would tell you that nobody, sional district. it, the Black Bourgeoisie. It was a nobody should be given any special We can expect more subterfuge. We scathing criticism of the mores and consideration. can expect Edridge Ames types in the values of the emerging black middle Common sense dictated the Dred political arena, pretending that they class. It talked about how they were Scott decision, the Dred Scott decision. are in favor of certain kinds of policies, preoccupied totally with themselves, Common sense dictated the Plessy ver- but using the unsettled situation to preoccupied totally with their own con- sus Ferguson decision, which said sepa- take advantage of it, and running can- cerns, and they engaged in activities rate but equal schools is all you need didates in the primary as well as in the which were unproductive. They spent to guarantee that there is equal protec- general election; all kinds of scenarios large amounts of money on consumer tion. The Plessy versus Ferguson deci- will be unleashed as a result of this products in an attempt to demonstrate sion endured for many years before tampering with the Voting Rights Act. that they were affluent. common sense was subordinated to an There is a great challenge to the A number of criticisms were made, interpretation of the law which clearly black leadership that is being set forth and sometimes, perhaps, maybe they established the fact that you cannot here. The Voting Rights Act brings it were too harsh. The black bourgeoisie have separate but equal. The very fact home, makes it crystal clear, that emerging out of the 1930’s needs to be that they are separate means one of there is a state of emergency in the congratulated. Things were so difficult, the two parties will not be equal. black community. In the African- there were so many obstacles and so Therefore, the common sense that ap- American community there is a state many rules. You could not become, as pears to be so obvious to certain com- of emergency. I have said this several I said before, an electrician, a plas- mentators on the radio, on television, times before on the floor of this House. terer. You could not be a contractor. it is obvious that they could reach no The state of emergency now should be Those people who were able to make other conclusion. Common sense. clear to everybody everywhere in the some headway against all the oppres- Read Justice Ginsburg’s decision and African-American community. sion and all the roadblocks, they de- learn about common sense as inter- The state of emergency relates to the serve credit for being able to economi- preted by another scholar, by another attack on affirmative action, the at- cally improve themselves, no matter person who is on the Supreme Court. tack on the Voting Rights Act, the at- what problems they had. You will find common sense is not so tack on school integration. Those are obvious. There are consequences that minor compared to the attack on the b 1545 are immediate for the African-Amer- poor population of the African-Amer- If they were not generous and they ican community. The consequences are ican communities. African-Americans were not magnanimous in reaching out great, indeed. still are predominantly poor. Sixty per- to their communities and providing The consequences of this decision by cent of African-Americans in the Unit- leadership, then they can be forgiven the Supreme Court mean there will be ed States of America could be classi- to some degree. litigation. Already a district has been fied as poor. There was a new effort that started challenged in New York State, in New There is another marginal group that with Martin Luther King, however. In York City. The gentlewoman from New if they miss one paycheck at their job, the 1960’s, the middle class provided H 6692 CONGRESSIONAL RECORD — HOUSE June 30, 1995 the leadership which reached out to the ing from that. There is no correlation do your own survey and you will see masses of African-Americans and said, anymore, no association between the that not only have we not made it to ‘‘We are all in this boat together, we profits made by corporations and the the boardrooms of corporations, not all have these problems, and we are welfare benefits received by the work- only have African-Americans not made going to join to wage an assault to ob- ing people of America. it to the executive suites, not only tain our civil rights.’’ They are downsizing and taking away have African-Americans not made it to The spirit of the 1960’s and the spirit jobs at the same time they are making middle management, but they are de- of Martin Luther King that went for- big profits. Automation, computeriza- clining even in the area of the shoe- ward was a spirit that was cradled, nur- tion, a number of things allow them to shine industry, because as the benefits tured by the black middle class, the Af- make big profits, increase their invest- of the industry go up, the wages go up, rican-American middle class, the so- ments, increase their activities, other people have displaced the Afri- called black bourgeoisie, you might produce more products, while at the can-Americans. say, if you want to stay with the termi- same time they reduce the number of Take a look for yourself and you will nology of E. Franklin Frazier. That jobs. see a most interesting phenomenon. If black bourgeoisie provided magnani- There is a problem there, but in gen- you look at waiters in hotels, it used to mous, generous, courageous leadership eral this is still the richest Nation in be predominantly expected, especially in the fight to get the Voting Rights the history of the world. The Fortune in the South, the waiters were pre- Act, to get the school integration, to 500 corporations, most of them have dominantly African-American waiters, end employment discrimination, to get budgets greater than most of the na- but as the standard of living has risen affirmative action. They are to be ap- tions of the world. Unparalleled and the wages of the waiters have plauded. wealth. Never before did such wealth risen, you find fewer and fewer African- They came in large numbers to the exist. American waiters in the hotels. Congress. It was clear that the God must spend a lot of time weeping Not only are we not in the board- congresspeople who came here and when He looks at all of this that He has rooms and the executive suites, we were parts of the Black Caucus were bestowed on the United States Of have not held on to the waiting jobs, graduates from a movement that cared America and then look at the pettiness waiting tables in hotels and res- about the majority of African-Ameri- that is driving many of our political taurants. Take a look for yourself. Do cans. activities, the pettiness which makes your own survey. The danger with this present situa- affirmative action a critical problem. Unfortunately, ladies and gentlemen, tion, one of the dangers that we will Affirmative action is not a critical even in the professions where the black have to deal with is the fact that there problem. middle class has striven so consciously will be Benedict Armolds in great num- Affirmative actions has not resulted to try to move, there was a time when bers. There will be large numbers of in any great movement of African- 5 percent of the teachers in America people who will masquerade as being Americans anywhere. They are not in were black, were African-Americans. concerned about the masses, but they large numbers in the boardrooms of The percentage of teachers who are Af- will take advantage of the situation. corporations. They are not in large rican-American has gone down. The We may have an elected black bour- numbers, I assure you, in the top exec- percentage of law enforcement person- geoisie that cares only about itself, utive suites. They are not in large nel, policemen, who are African-Amer- only about the deals that they can numbers, or any credible number, in ican has gone down. The percentage of make, only about their own status, and the management structures after all doctors who are African-American has deceives the great masses. We have a these years of affirmative action, less gone down in the last 20 years. possibility of large numbers of Judas than 30 years of affirmative action. Not only is affirmative action not men and Judas women, betraying, de- When you look at the statistics, it is succeeding in the industrial sector, in ceiving. That is one of the con- appalling how little has been accom- the corporate sector, in the areas that sequences of the process that has been plished for the people who were sup- were targeted, overall black employ- set in motion, the domino, rolling, in posed to be the first beneficiaries. ment, blacks climbing up the ladder in respect to the Voting Rights Act, an Going back again to the first intent of terms of wealth, in terms of respon- unsettling number of situations, mak- the 14th amendment, the first affirma- sibility in industry or in academia, it ing it possible for opportunists to come tive action programs were designed and has decreased and declined. in. fashioned to deal with the descendants God must be very upset and spend a Let me go back to the very begin- of slaves, to deal with the situation of lot of days weeping when He looks at ning, the Supreme Court decision that righting past wrongs. But what has so little having been done for those set in motion all of this. I said the Su- been accomplished? There has been no who need help most, and sees the out- preme Court decision began the process great move forward. rage, and the amount of energy and ef- of dismantling the Voting Rights Act. Consider the shoeshine boys when fort being poured into criticism of af- It was a continuum of an assault on you go through the airports and places firmative action and criticism of those civil rights legislation, civil rights where people are prosperous and they tiny, very tiny gains that have been laws. By itself it is dangerous enough, pay a lot for a shoeshine. There was a made. As I said before, many of the but in that context it is even more dan- time when a shoeshine boy was a gains have turned into losses. gerous. stereotype and people though most of God must spend a lot of days weeping We should think very seriously about the shoeshine boys in the country were when He sees that so much has been what is taking place. I think God must black, black men, black boys. The given to the United States of America spend many days weeping when He ob- shoeshine boy was a subject of humor and they behave in such petty ways. serves the United States of America. or subject of ridicule. We have a history of being a country God must spend many days weeping But when you travel from now on, that I am sure God must appreciate a when He observes that He has given so look at the shoeshine attendants in the great deal and the world must appre- much to this land of plenty, beautiful airports. When you go to a fancy club ciate a great deal. and spacious skies, law and order for where they are paying $3 for a regular We have been celebrating 50 years long periods of time, no great war to shine and $5 for an executive shine, after World War II. As I watch the doc- devastate our cities and destroy our which means if you can do 4 shines per umentaries and get educated in greater countryside, prosperty. hour, for $3 a shine, you can make $12 detail than ever before about what We are the richest Nation that ever an hour; for $5 a shine, you can make went on in World War II, I am sure the existed on the face of the Earth, and $20 an hour. That is not a bad pay. whole world applauds the courage and the riches have not ceased. Profits are When it was 35 cents per shine and 5 the generosity, the lack of selfishness being made on Wall Street, profits are cents per shine and even $1 a shine, of Americans the men who died in Nor- being made by corporations at a great- most of the shine boys and the shine mandy on D-Day or the men who er rate than ever before. People with men were African-American, people of stormed Iwo Jima; Okinawa. All of jobs and wage earners are not benefit- African descent. But if you look now, that kind of courage and that kind of June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6693 going forward to save the world from as the law is made and the intent of Court’s new standard and would not upset totalitarianism and Naziism and tyr- the constitutional amendment is exam- Georgia’s plan, I dissent. anny, I am sure God must applaud a ined, it is not at all clear to her that Continuing to quote Justice Gins- great deal. the 14th amendment is primarily con- burg: But here we are at a point where cerned with being colorblind and not At the outset it may be useful to note peace reigns basically, and instead of concerned with remedying past wrongs, points on which the court does not divide. moving on to build a new society, a so- which the full legal integration of the First, we agree that federalism and the slim ciety where the wealth of this great African-Americans, the former salves judicial competence to draw district lines Nation can be shared, where the wealth and their descendants into American weigh heavily against judicial intervention in apportionment decisions; as a rule, the can be used to take care of the needs of life. everybody, instead of moving in that task should remain within the domain of Let me must read a few excerpts state legislatures. direction, we have chosen to move in from Justice Ginsburg’s dissenting Second, for most of our Nation’s history, the opposite direction and to hunker opinion. As you know, it was a 5–4 deci- the franchise has not been enjoyed equally down and begin to hoard the benefits sion, and Justice Ginsburg was joined by black citizens and white voters. and hoard the wealth, and begin to in her dissent by Justices Stevens, Bry- I want to just repeat; I am quoting throw overboard a certain segment of ant and Souter. from Justice Ginsburg and I want to society and say, ‘‘We don’t care what Legislative districting is highly political read that again: happens to them. We don’t really business. This Court has generally respected For most of our Nation’s history the fran- care.’’ the competence of state legislatures to at- chise has not been enjoyed equally by black As I said before, God must spend a lot tend to the task. When race is the issue, citizens and white voters. of days looking at all this and be very however, we have recognized the need for ju- To redress past wrongs and to avert any re- upset that we are so petty and moving dicial intervention to prevent dilution of mi- currence of exclusion of blacks from political in such a negative direction so rapidly. nority voting strength. processes, Federal courts now respond to Equal Protection Clause and Voting Rights But all hope is not lost, because b 1600 there are great things happening all Act complaints of state action that dilutes over the world. The accumulation of all Generations of white discrimination minority voting strength. Third, to meet statutory requirements, these great things may begin to have against African-Americans as citizens and voters account for that surveillance. state legislatures must sometimes consider an impact on what is happening here in race as a factor highly relevant to the draw- this country. In other words, what she is saying is ing of district lines. Even in this country, the Southern that we have generally kept our hands f Baptist Church last week apologized off, the judiciary has kept its hands off for their position on slavery, the the reapportionment process. ANNOUNCEMENT BY THE SPEAKER Southern Baptist Church, which was There was a series of cases that es- PRO TEMPORE tablished clearly that it was better to created as a result of a schism at the The SPEAKER pro tempore. The gal- leave it to the State legislature and time of the Civil War. The big issue in lery is admonished that there should be the only regular, systematic interven- the Southern Baptist Church was that silence in the Chamber so that the Rep- tion of the courts came with the Vot- they wanted to label African-Ameri- resentative may continue with this ing Rights Act for the purpose of deal- cans, Negroes, as being less than special order. human and not worthy of God’s blessing with the problem of giving African- Mr. OWENS. Returning to quote Jus- ings, that they were not to be consid- Americans their full voting rights and tice Ginsburg: ered in the Christian church as equals. avoiding the dilution of the voting Finally State legislatures may recognize They apologized. The Southern Bap- strength of minorities. communities that have a particular racial or tists apologized. They voted, large I go back to Justice Ginsburg’s dis- ethnic makeup, even in the absence of any number of delegates, to apologize and sent, and I quote: compulsion do so, in order to account for in- to take note of the fact that the evils Two years ago in Shaw versus Reno this terests common to or shared by persons that were generated by slavery still Court took up a claim analytically distinct grouped together. When members of a racial exist and they must work to eradicate from a vote-dilution claim. Shaw authorized group live together in one community, a re- them. The Southern Baptists did that. judicial intervention in extremely irregular apportionment plan that concentrates mem- Some people say, well, their member- apportionments. bers of the group in one district and excludes ship is declining. There is some ulte- In other words she is saying that we them from others may reflect wholly legiti- rior motive. I do not care. They did it. mate purposes. started something 2 years ago when we Therefore, the fact that the Georgia Gen- For one glorious moment, they rose to considered the North Carolina case, eral Assembly took account of race in draw- the occasion and they admitted that Shaw versus Reno. For the first time ing district lines—a fact not in dispute—does they wanted to tell the truth, they we moved away from the voter-dilution not render the State’s plan invalid. To offend wanted to be a part of the truth, they concern of the Court and we moved the Equal Protection Clause, all agree the wanted to get away from the doctrine into a new era. We moved into an area legislature had to do more than consider of obliteration. The doctrine of obliter- where extremely irregular apportion- race. How much more, is the issue that di- ation said that the African-American, ments, the way the district looked, or vides the Court today. the African transported here, was not a the circumstances under which the dis- Continuing to quote Justice Gins- human being, and therefore they could trict was created, became a concern of burg, her dissent: be made beasts of burden, more effi- the Court. And she does not agree, of We say once again what has been said on cient beasts of burden, by treating course, that that movement was justi- many occasions: Reapportionment is pri- them like beasts. The Southern Bap- fied. marily the duty and responsibility of the tists represent just one of those many State through its legislature or other body, To continue quoting Justice Gins- rather than of a Federal court. areas where there is hope. burg: There is hope in the Supreme Court, Districting inevitably has sharp political Today the Court expands the judicial role impact, and political decisions must be made too, when Ruth Bader Ginsburg writes announcing that Federal courts are to under- by those charged with the task. District the decision of the kind that she wrote. take searching review of any district with lines are drawn to accommodate a myriad of Justice Ginsburg took just the opposite contours predominantly motivated by race. factors, geographic economic, historical and approach of Justice Kennedy, who Strict scrutiny will be triggered not only political, and State legislatures, as arenas of wrote the decision for the majority. when traditional districting practices are compromise, electoral accountability, are Justice Kennedy based his ruling on abandoned, but also when those practices are best positioned to mediate competing the Shaw versus Reno case. I think the subordinated to, given less weight, than claims; courts, with a mandate merely to ad- majority opinion for that was written race. judicate, are ill-equipped for this task. Applying this new ‘‘race-as-predominant- Federal courts have ventured now into the by Justice O’Connor, with Justice Clar- factor’’ standard, the Court invalidates Geor- political thicket of reapportionment when ence Thomas, of course, supporting it gia’s districting plan, even though Georgia’s necessary to secure to members of racial mi- in great measure. Eleventh District, the focus of today’s dis- norities equal voting rights, rights denied in Justice Ginsburg says that it is not pute, bears the imprint of familiar district- many States, including Georgia, until not common sense. It is not obvious to her, ing practices. Because I do not endorse the long ago. H 6694 CONGRESSIONAL RECORD — HOUSE June 30, 1995 The 15th amendment, which was ratified in But then Justice Ginsburg moves on Justice Clarence Thomas’s case was 1870, declared that the right to vote shall not to another area. She says that even if well-known to most of us. The vote on be denied by any State on account of race. you accept the reasoning of Shaw ver- Justice Thomas in the Senate got a That declaration, for many generations, was sus Reno, even if you accept Justice great deal of publicity, and there were often honored in the breach; it was greeted by a near century of unremitting and inge- O’Connor’s contention that race cannot a number of us in Congress, including nious defiance in several States, including be the predominant consideration in all of the members of the Congres- Georgia. drawing districts, political districts, sional Black Caucus, who opposed the I am quoting from the dissenting even if you accept that and apply it, appointment of Justice Clarence opinion of Justice Ruth Bader Gins- the 11th District in Georgia meets the Thomas at the very beginning, long be- burg, and I want to repeat this sen- standards. The 11th District in Georgia fore there was any discussions of his tence. is no more a district drawn with pre- private life, which we think was wholly dominant race considerations than any out of order. Long before that had hap- The 15th amendment, ratified in 1870, declared that the right to vote shall not be de- other district in Georgia. It considers pened, a position had been taken by the nied by any State on account of race. That other factors also. It does not cross but members of the Congressional Black declaration, for many generations, was often a few county lines, and some districts Caucus against the appointment of honored in the breach; it was greeted by a cross a number of county lines. The Justice Clarence Thomas to the Su- near century of unremitting and ingenious 11th District of Congresswoman CYN- preme Court. defiance by several States, including Geor- THIA MCKINNEY of Georgia is more reg- As a member of the Education and gia. ular than 28 districts in the country Labor Committee, Justice Thomas in After a brief interlude of black suffrage en- that are cited as being the 28 most his previous employment as the head of forced by Federal troops but accompanied by rampant victims against blacks, Georgia oddly-drawn districts in the country. EEOC had been before our committee held a constitutional convention in 1877. Its So Justice Ginsburg applied the numerous times, and Justice Thomas purpose, according to the convention’s lead- standard of Shaw versus Reno and still had clearly sabotaged the law he was er, was, to fix it so that the people shall rule concludes that even if you applied that hired to implement. and the Negro shall never be heard from. standard, the 11th Congressional Dis- b 1615 In pursuit of this objective, Georgia en- trict should not have been invalidated. acted a cumulative poll tax, requiring voters I urge all Americans who really want Justice Thomas defied the intent of to show they had paid past as well as current to take a close look at what the Su- Congress. He ignored the intent of Con- poll taxes; one historian described this tax as preme Court did to not just read the gress. He ignored the directions of the the most effective bar to Negro suffrage ever committee. So we had a clear position, devised. majority opinion; read the dissenting In 1890, the Georgia General Assembly au- opinion. It was a 5-to-4 decision and and I adamantly opposed the appoint- thorized white primaries; keeping blacks out that 5-to-4 decision means that some ment of Justice Clarence Thomas long of the Democratic primary effectively ex- day the reasoning of Justice Ginsburg before any question was raised about cluded them from Georgia’s political life, for may be the basis for overturning that his personal life. I make that distinc- victory in the Democratic primary in those decision. tion because so much confusion re- days was tantamount to election. I also said before this was a serious sulted from the fact that an unprece- Early in this century Georgia Governor matter. I want to address myself par- dented situation developed where the Hoke Smith persuaded the legislature to ticularly to the African-American com- personal life of an official seeking pub- pass the Disenfranchisement Act of 1908. True to its title, this measure added various munity. This is a serious matter. We lic office was aired in public. property, good character, and literacy re- have a situation where on that same I totally agreed with Justice Thomas quirements that, as administrated, served to Court, rendering several of the deci- on one point. It was a high-technology keep blacks from voting. The result, as one sions that have affected school integra- lynching. It should never have been commentator observed 25 years later, was an tion, affirmative action and now voting considered in public. It should have almost absolute exclusion of the Negro voice rights, is a justice who happens to be been an inquiry held behind closed in State and Federal elections. African-American. doors. It should have proceeded as all Disenfranchised blacks had no electoral in- Justice Clarence Thomas is on that personnel matters proceed. It was a cir- fluence, hence no muscle to lobby the legis- Supreme Court. Justice Clarence cus which was most unfortunate. lature for change, and that is when the Court intervened. It invalidated white primaries Thomas is an African-American, and Of course, there were many people and other burdens on minority voting. there are some who believe that the who opposed him because of his record, It was against this backdrop that the Court is emboldened even more in its opposed him because of his ideology, Court, construing the Equal Protection pursuit of the dismantling of voting who were swayed by the problem that Clause, undertook to ensure that apportion- rights and affirmative action, and set- he faced, and later changed their opin- ment plans do not dilute minority voting asides as a result of Justice Thomas ion. But steadfastly we insisted that a strength. By enacting the Voting Rights Act being there as an African-American. record like the record of Justice Thom- of 1965, Congress heightened Federal judicial There are some who say that Justice as in Government made it clear that he involvement in apportionment, and also fashioned a role for the Attorney General. Clarence Thomas is the most powerful would be an enemy of the forces of civil Section 2 creates a Federal right of action to African-American in the country, and rights, the forces of civil liberties, and challenge vote dilution. Section 5 requires there are some who say, being the most of the African-American people. States with a history of discrimination to powerful African-American in the I mention this because in these criti- preclear any changes in voting practices country, he is the most dangerous Afri- cal days when there is an attempt to with either a Federal court or the Attorney can-American in the country. There dismantle all of the gains that have General. are some who say that his presence and been made by the African-Americans And on and on it goes to show that his continued support for the opinions over the last 50 years; in these critical the Voting Rights Act was in response which are destroying affirmative ac- days when the second reconstruction is to a definite, long-range oppression of tion, set-asides, and voting rights con- being trampled, the one reconstruction the rights of African-Americans at the stitute a special kind of problem. was trampled, and all of the Members ballot box. Justice Ginsburg makes it There are some who say that at least of Congress who were black were re- quite clear that the Equal Protection Justice Thomas is honest and he is moved from Congress, we are not fac- Clause does not rule out extraordinary clearly on the side of the conserving a situation quite that bad, but in measures being taken by the Federal atives, and, therefore, we have to re- many ways the economic impact of the Government to deal with past wrongs spect his opinions. The greater danger decisions that are being made will be and to compensate for what happened they say may not be Clarence Thomas, even harsher on the African-American in 232 years of slavery and the period of but those who do not openly say they population in general. disenfranchisement that followed. She are conservative, who are So here we are in a critical situation. argues with the basic principle that is masquerading as leaders in the Afri- There is a state of emergency. Our established by Justice O’Connor in can-American community, and they leadership and people we select as lead- Shaw versus Reno. She does not accept share the same opinions as Justice ers is critical, and what I am moving that premise. Clarence Thomas. on to and what I am leading up to is June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6695 the fact that there were many in the the Benedict Arnolds we must worry uated, public policies are being perpet- leadership who knew very clearly what about. uated which will hurt them directly. the positions of Justice Thomas were, I want to close with a statement that The rescission bill, with all of its yet they supported him because he was I sent out to all of the African-Amer- cuts of low-income housing, would hurt an African-American. ican leadership. It is kind of a con- African Americans directly. The B–2 The danger in the African-American voluted, indirect statement because bomber, being taken as a priority over community now, the danger with re- during the time when Justice Clarence Medicaid, over free lunches, will hurt spect to the leadership at this critical Thomas was under consideration for African-Americans directly. time is that we are going to again be the appointment, even after the con- It is time we all understood that taken in by the fact that the old stand- gressional Black Caucus was taking a there is a state of emergency in the Af- ard of the black bourgeoise is allowed position opposed to his appointment rican-American community. The Afri- to predominate. Anybody who is edu- even after the NAACP had taken a po- can-American leaders will have to rise cated, any, African American who sition, even after the leading civil to the occasion and lead in the inter- achieves becomes a person we look up rights organizations had taken a posi- ests of all African-Americans. to, becomes a person we will not criti- tion, there were leaders who came for- f cize. The standards within the African- ward and said because he is black, we American community for leadership, should not oppose him. LEAVE OF ABSENCE the standards get diluted. One of those leaders wrote an article By unanimous consent, leave of ab- You do not have to clearly stand for in the New York Times, and it particu- sence was granted to: policies, public policies, which are in larly struck me at that time as being Mr. YOUNG of Alaska (at the request the interests of the masses of African- devastating to our position One of of Mr. ARMEY), for today, on account of American people. People who back those leaders in the cultural field personal reasons. away from those standards can still wrote a very piercing op-ed piece for f serve as leaders. They can enjoy the the New York Times where she said, ‘‘I status of leaders. They can pronounce know that he is guilty of not running SPECIAL ORDERS GRANTED themselves as leaders and get away the EEOC in accordance with the law. By unanimous consent, permission to with it. I know he has trampled on our inter- address the House, following the legis- It is important that at this critical ests on many occasions. I know this, I lative program and any special orders moment we understand that many peo- know that. All of this is true, but, still, heretofore entered, was granted to: ple who made the error of supporting he should be given a chance.’’ And I (The following Members (at the re- Justice Thomas because he was an Af- have that ringing in my ears every quest of Mr. ENGEL) to revise and ex- rican American are the kind of people time a Supreme Court decision comes tend their remarks and include extra- we must avoid in the future, the kind down, ‘‘Still, he should be given a neous material:) of people who have to come to grips chance. He will change.’’ Mr. DEFAZIO, for 5 minutes, today. with what are the basic policy provi- That was Maya Angelous, a poet I re- Mr. FALEOMAVAEGA, for 5 minutes, sions that should be set forth in the Af- spect a great deal, a poet that has be- today. rican-American community at a criti- come more famous since her famous Mr. FILNER, for 5 minutes, today. cal time like now. poem was recited at the presidential Mr. WISE, for 5 minutes, today. Can we have people voting for B–2 inauguration. I think Maya Angelous Ms. KAPTUR, for 5 minutes, today. bombers which may cost $31 billion and the other leaders who supported (The following Members (at the re- over a 7-year period and at the same Clarence Thomas now need to go talk quest of Mr. GUTKNECHT) to revise and time they are cutting Medicaid, at the to Clarence Thomas. They need to also extend their remarks and include ex- same time they are cutting school let the rest of the African-American traneous material:) lunches and at the same time draco- community understand the implica- Mr. GUTKNECHT, for 5 minutes, today. nian measures in the area of housing? tions of what is happening. Mr. FOX of Pennsylvania, for 5 min- The rescissions bill that was passed So I have written a little statement utes, today. today cuts low-income housing by $7 here, Maya Angelous, I am addressing Mr. FOLEY, for 5 minutes, today. billion. Can we have leaders who fail to it to: Mr. SCARBOROUGH, for 5 minutes, understand that those are the public GO TALK TO CLARENCE THOMAS today. policies that impact on the greatest Maya talk to Clarence please f number of African-American people? He’s knocking us down to our knees And they have a duty to fight to see to Clarence is talking real loud ENROLLED BILLS SIGNED it that those policies which are det- Running with the wrong crowd Mr. THOMAS, from the Committee rimental to our people do not go for- Dangerous opinions he always writes on House Administration, reported ward. Hurling our people toward long poison nights that that committee had examined and Can we understand that there must Maya talk to Clarence please In the name of Black ancestors who drowned found truly enrolled a bill of the House be an evaluation of leadership so that in the seas of the following title, which was there- we do not have an elected bourgeoisie Talk to Clarence upon signed by the Speaker: carrying out their own private personal End his heathen roam H.R. 483. An act to amend the Omnibus agenda while they ignore the public Haul him to his heritage home Budget Reconciliation Act of 1990 to permit agenda of the African-American com- Maya you recognized his record of public sin medicare select policies to be offered in all munity? You promised that Clarence would be born States. again This decision by the Supreme Court f The miracle of Hugo Black and Earl Warren and all the other things that have hap- would be repeated SENATE ENROLLED BILL SIGNED pened in the last few months are a Maya you promised ideological addiction warning. If we do not understand that would be defeated The SPEAKER announced his signa- there is a state of emergency now, we Maya time to make your move a sacred ture to an enrolled bill of the Senate of will never understand that. The Clar- point you still have to prove the following title: ence Thomases have clearly proclaimed Maya talk to Clarence please! S. 962. An act to extend authorities under where they stand. There are some I would say that to all the other lead- the Middle East Peace Facilitation Act of Members of the Congress, some black ers who supported Justice Clarence 1994 until August 15, 1995. Members, who clearly proclaim they do Thomas. I would say that to all the f not want to be part of the Black Cau- other leaders who support compromise cus. They do not want to represent and are ready to forget about the inter- ADJOURNMENT black interests. ests of the thousands of African Ameri- Mr. OWENS. Madam Speaker, I move I admire people who clearly say cans out there who are suffering be- that the House do now adjourn. where they stand. On the other hand, cause public policies are being perpet- The motion was agreed to. H 6696 CONGRESSIONAL RECORD — HOUSE June 30, 1995 The SPEAKER pro tempore (Mrs. journed until 2 p.m. on Monday, July rent Resolution 20, the House ad- MORELLA). Pursuant to the provisions 10, 1995, for morning hour debates. journed until Monday, July 10, 1995, at of Senate Concurrent Resolution 20, Whereupon (at 4 o’clock and 20 min- 2 p.m. 104th Congress, the House stands ad- utes p.m.), pursuant to Senate Concur- h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized by a committee of the U.S. House of Representa- tives during the first quarter of 1995 in connection with official foreign travel, pursuant to Public Law 95–384, as well as the 1994 supplemental expenses of a miscellaneous group, U.S. House of Representatives, concerning foreign currencies expended by them in connection with official foreign travel, are as follows:

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

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Arrival Departure rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 rency 2 rency 2 rency 2

Hon. John Conyers, Jr ...... 3/10 3/11 Haiti ...... 150.00 ...... (3) ...... 150.00 Hon. Jack Reed ...... 3/10 3/11 Haiti ...... 150.00 ...... (3) ...... 150.00 Committee total ...... 300.00 ...... 300.000

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Air transportation was provided by the Department of Defense. HENRY J. HYDE, Chairman, May 16, 1995.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL NORTH ATLANTIC ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1994.

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Arrival Departure rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 rency 2 rency 2 rency 2

Delegation expenses: Visit of Subcommittee on Defense Security to ...... Wash, DC, California, and New York: Luncheon ...... 1/23 1/28 ...... 875.00 ...... 875.00 Interpreters ...... 1/23 1/28 ...... 350.00 ...... 350.00 Ground transportation ...... 1/23 1/28 ...... 2,546.00 ...... 2,546.00 Peter Abbruzzese ...... 1/23 1/28 ...... 376.43 ...... 643.00 ...... 1,019.43 NAA delegation to Ottawa, Canada—Rose/ Roth Seminar: ...... Hon. Sherwood Boehlert 1/16 1/18 ...... 41.70 ...... 195.60 ...... 237.30 NAA delegation to Belgium: ...... Breakfast ...... 2/18 2/18 ...... 427,33 ...... 427.33 NAA delegation to Oslo, Norway: ...... Ground transportation ...... 5/26 5/30 ...... 362.54 ...... 362.54 Representational functions ...... 5/26 5/30 ...... 4,040.74 ...... 4,040.74 Visit of political committee to Washington, ...... DC, California Interpreters ...... 6/19 6/24 ...... 2,100.73 ...... 2,100.79 Luncheon ...... 6/19 6/24 ...... 1,028.50 ...... 1,028.50 Ground transportation ...... 6/19 6/24 ...... 402.40 ...... 402.50 Representational functions ...... 6/19 6/24 ...... 394.10 ...... 394.10 Peter Abbruzzese ...... 6/19 6/24 ...... 927.77 ...... 935.00 ...... 1,862.77 NAA delegation to Rose/Roth Seminar in Ro- ...... mania: Stuart Goldman ...... 7/12 7/19 ...... 968.00 ...... 1,738.25 ...... 2,706.25 Visit of Subcommittee on Future of Armed Forces: Luncheon ...... 8/8 8/8 ...... 800.90 ...... 800.90 NAA 40th Annual Session in Washington, DC: Representational function ...... 11/14 11/18 ...... 317.22 ...... 317.22 Ground transportation ...... 11/14 11/18 ...... 1,437.50 ...... 1,437.50 Miscellaneous expenses ...... 11/14 11/18 ...... 125.55 ...... 125.55 Miscellaneous expenses ...... 18.90 ...... 18.90 Committee total ...... 2,313.90 ...... 3,511.85 ...... 15,228.17 ...... 21,053.92 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S dollar equivalent; if U.S. currency is used, enter amount expended. Charlie Rose, h June 14, 1995.

EXECUTIVE COMMUNICATIONS, the Committee on Banking and Financial transmitting the triennial assessment of the ETC. Services. needs of minority and diverse audiences, and 1141. A letter from the First Vice President the Corporation’s annual report on the provi- Under clause 2 of rule XXIV, execu- and Vice Chairman, Export-Import Bank of sion of services to minority and diverse audi- tive communications were taken from the United States, transmitting a report in- ences by public broadcasting entities and the Speaker’s table and referred as fol- volving United States exports to Columbia, public telecommunication entities, pursuant lows: pursuant to 12 U.S.C. 635(b)(3)(i); to the Com- to Public Law 100–626, section 9(a) (102 Stat. mittee on Banking and Financial Services. 3211); to the Committee on Commerce. 1140. A letter from the Secretary of the 1142. A letter from the Secretary of Edu- 1144. A letter from the Assistant Legal Ad- Treasury, transmitting the Department’s cation, transmitting a draft of proposed leg- viser for Treaty Affairs, Department of first semiannual report to Congress, as re- islation entitled, the ‘‘Individuals with Dis- State, transmitting copies of international quired by section 403 of the Mexican Debt abilities Education Act Amendments of Disclosure Act of 1995, and the second 1995’’; to the Committee on Economic and agreements, other than treaties, entered into monthly report to Congress, as required by Educational Opportunities. by the United States, pursuant to 1 U.S.C. section 404 of the same act, pursuant to Pub- 1143. A letter from the Corporation for 112b(a); to the Committee on International lic Law 104–6, section 403(a) (109 Stat. 89); to Public Broadcasting, President and CEO, Relations. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6697 1145. A letter from the Assistant Secretary Referral to the Committee on Science of By Mr. CALVERT (for himself, Mr. for Legislative Affairs, Department of State, H.R. 1175 extended for a period ending not BREWSTER, Mr. DOOLEY, Mr. TAUZIN, transmitting a copy of Presidential Deter- later than July 11, 1995. and Mr. LUCAS): mination No. 95–28: Drawdown of commod- f H.R. 1975. A bill to improve the manage- ities and services from the inventory and re- ment of royalties from Federal and Outer sources of the Departments of Defense, Jus- PUBLIC BILLS AND RESOLUTIONS Continental Shelf oil and gas leases, and for tice, the Treasury and State to support ac- Under clause 5 of rule X and clause 4 other purposes; to the Committee on Re- sources. celerated training and equipping of Haitian of rule XXII, public bills and resolu- police forces, pursuant to 22 U.S.C. By Mr. SKEEN: 2348a(c)(2); to the Committee on Inter- tions were introduced and severally re- H.R. 1976. A bill making appropriations for national Relations. ferred as follows: Agriculture, Rural Development, Food and 1146. A letter from the Chairman, Council By Mr. CHRISTENSEN (for himself, Drug Administration, and Related Agencies of the District of Columbia, transmitting a Mr. ARMEY, Mr. DELAY, Mr. BLILEY, programs for the fiscal year ending Septem- copy of D.C. Act 11–81, ‘‘Closing of a Public Mr. HYDE, Mr. KASICH, Mr. LIVING- ber 30, 1996, and for other purposes. Alley in Square 2567, S.O. 93–47, Act of 1995,’’ STON, Mrs. MEYERS of Kansas, Mr. By Mr. REGULA: pursuant to D.C. Code, section 1–233(c)(1); to ROBERTS, Mr. WALKER, Mr. CRANE, H.R. 1977. A bill making appropriations for the Committee on Government Reform and Mr. THOMAS, Mr. BUNNING of Ken- the Department of the Interior and related Oversight. tucky, Mr. MCCRERY, Mr. HANCOCK, agencies for the fiscal year ending Septem- 1147. A letter from the Chairman, Council Mr. CAMP, Mr. RAMSTAD, Mr. ZIMMER, ber 30, 1996, and for other purposes. of the District of Columbia, transmitting a Mr. SAM JOHNSON, Ms. DUNN of Wash- By Mr. COX (for himself and Mr. copy of D.C. Act 11–82, ‘‘Prevention of Trans- ington, Mr. PORTMAN, Mr. ENGLISH of WYDEN): mission of the Human Immunodeficiency Pennsylvania, Mr. ENSIGN, Mr. BART- H.R. 1978. A bill to encourage and protect Virus Temporary Amendment Act of 1995,’’ LETT of Maryland, Mr. BILIRAKIS, Mr. private sector initiatives that improve user pursuant to D.C. Code, section 1–233(c)(1); to BLUTE, Mr. BREWSTER, Mr. control over computer information services; the Committee on Government Reform and BROWNBACK, Mr. BRYANT of Ten- to the Committee on Commerce. Oversight. nessee, Mr. BUNN of Oregon, Mr. By Mr. DUNCAN (for himself and Mr. 1148. A letter from the Chairman, Council BURR, Mr. CANADY of Florida, Mr. TALENT): of the District of Columbia, transmitting a CHRYSLER, Mr. COBLE, Mr. COX of H.R. 1979. A bill to protect the rights of copy of D.C. Act 11–83, ‘‘Closing of a Public California, Mr. CRAMER, Mrs. CUBIN, small entities subject to investigative or en- Alley in Square 368, S.O. 94–52, Act of 1995,’’ Mr. CUNNINGHAM, Mr. DAVIS, Mr. forcement action by agencies, and for other pursuant to D.C. Code, section 1–233(c)(1); to DEAL of Georgia, Mr. DICKEY, Mr. purposes; to the Committee on the Judici- the Committee on Government Reform and DOOLITTLE, Mr. DORNAN, Mr. DREIER, ary, and in addition to the Committee on Oversight. Mr. EMERSON, Mr. EWING, Mr. FOX of Small Business, for a period to be subse- 1149. A letter from the Chairman, Federal Pennsylvania, Mr. GALLEGLY, Mr. quently determined by the Speaker, in each Election Commission, transmitting proposed GANSKE, Mr. GILCHREST, Mr. case for consideration of such provisions as regulations that define express advocacy and GUTKNECHT, Mr. HASTERT, Mr. fall within the jurisdiction of the committee describe those nonprofit corporations that HAYWORTH, Mr. HEINEMAN, Mr. concerned. are exempt from the independent expendi- HILLEARY, Mr. HOEKSTRA, Mr. By Mr. FARR (for himself, Mr. MINETA, ture prohibition (11 C.F.R. 100.17, 100.22, 106.1, HOSTETTLER, Mr. HUNTER, Mr. HUTCH- Mr. BERMAN, Mr. SERRANO, Ms. 109.1, 114.2, and 114.10), pursuant to 2 U.S.C. INSON, Mr. INGLIS of South Carolina, LOFGREN, Mr. DELLUMS, Mr. GENE 438(d)(1); to the Committee on House Over- Mr. JONES, Mr. KIM, Mr. KINGSTON, GREEN of Texas, Ms. PELOSI, and Ms. sight. Mr. LARGENT, Mr. LATHAM, Mr. ROYBAL-ALLARD): 1150. A letter from the Railroad Retire- LATOURETTE, Mr. LINDER, Mr. H.R. 1980. A bill to provide for demonstra- ment Board, transmitting the 1995 annual re- LONGLEY, Mr. LUCAS, Mr. MCINTOSH, tion projects throughout the United States port on the financial status of the railroad Mr. MARTINEZ, Mr. METCALF, Mr. in order to celebrate the process of becoming unemployment insurance system, pursuant MICA, Mr. MOORHEAD, Mrs. MYRICK, and being an American citizen; to the Com- to 45 U.S.C. 369; jointly, to the Committees Mr. NEUMANN, Mr. NORWOOD, Mr. mittee on the Judiciary. on Transportation and Infrastructure and PORTER, Mr. RIGGS, Mr. By Mr. FRANKS of New Jersey (for Ways and Means. ROHRABACHER, Mr. ROTH, Mr. himself, Mr. BARRETT of Nebraska, f SCARBOROUGH, Mr. SHADEGG, Mr. Mr. CANADY of Florida, Mr. ENGLISH SMITH of Michigan, Mr. SMITH of New of Pennsylvania, Mr. FOLEY, Mr. REPORTS OF COMMITTEES ON Jersey, Mr. SMITH of Texas, Mrs. GILLMOR, Mr. KLUG, Mr. LOBIONDO, PUBLIC BILLS AND RESOLUTIONS SMITH of Washington, Mr. SOUDER, Mr. LUTHER, Mr. PAXON, Mr. POSHARD, Mr. RIGGS, Mr. ROYCE, Mr. Under clause 2 of rule XIII, reports of Mr. STOCKMAN, Mr. STUMP, Mr. TAL- ENT, Mr. TIAHRT, Mr. TOWNS, Mr. SMITH of Texas, and Mr. ZIMMER): committees were delivered to the Clerk UPTON, Mr. WALSH, Mr. WAMP, Mr. H.R. 1981. A bill to amend the Federal for printing and reference to the proper WATTS of Oklahoma, Mr. WELDON of Property and Administrative Services Act of calendar, as follows: Florida, Mr. WICKER, Mr. WOLF, and 1949 to require executive agencies to procure Mr. YOUNG of Alaska: Committee on Re- Mr. ZELIFF): property and services related to motor vehi- sources. H.R. 39. A bill to amend the Magnu- H.R. 1972. A bill to amend the Internal Rev- cle pools or systems only under contracts son Fishery Conservation and Management enue Code of 1986 to clarify the standards awarded under competitive procedures in ac- Act to improve fisheries management; with used for determining whether individuals are cordance with rules issued by the Director of an amendment (Rept. 104–171). Referred to not employees; to the Committee on Ways the Office of Management and Budget and to the Committee of the Whole House on the and Means. report to the Director regarding costs associ- State of the Union. By Mr. DEFAZIO (for himself, Mr. NEU- ated with agency operation of motor vehicle Mr. SKEEN. Committee on Appropriations. MANN, Mr. BECERRA, Mr. BROWNBACK, fleets; to the Committee on Government Re- H.R. 1976. A bill making appropriations for Mr. FRANK of Massachusetts, Ms. form and Oversight. Agriculture, Rural Development, Food and FURSE, Mr. GUNDERSON, Ms. KAPTUR, By Ms. FURSE: Drug Administration, and Related Agencies Mr. MEEHAN, Mrs. MALONEY, and Mrs. H.R. 1982. A bill to provide grants to the programs for the fiscal year ending Septem- SCHROEDER): States to encourage the reporting of blood ber 30, 1996, and for other purposes (Rept. H.R. 1973. A bill to reduce the number of alcohol levels that exceed the maximum 104–172). Referred to the Committee of the operational support aircraft of the Depart- level permitted under State law after vehicu- Whole House on the State of the Union. ment of Defense; to the Committee on Na- lar accidents; to the Committee on the Judi- Mr. REGULA: Committee on Appropria- tional Security. ciary, and in addition to the Committee on tions. H.R. 1977. A bill making appropria- By Mr. BASS (for himself, Mr. BART- Commerce, for a period to be subsequently tions for the Department of the Interior and LETT of Maryland, Mr. BARTON of determined by the Speaker, in each case for related agencies for the fiscal year ending Texas, Ms. DANNER, Mr. DAVIS, Mr. consideration of such provisions as fall with- September 30, 1996, and for other purposes KLUG, Mr. SMITH of Michigan, Mr. in the jurisdiction of the committee con- (Rept. 104–173). Referred to the Committee of SOUDER, Mr. STOCKMAN, Mr. KASICH, cerned. the Whole House on the State of the Union. Mr. SOLOMON, and Mr. HOSTETTLER): By Mr. GEKAS: f H.R. 1974. A bill to amend title XVI of the H.R. 1983. A bill to provide that certain Social Security Act to require periodic hearings functions of the Merit Systems Pro- SUBSEQUENT ACTION ON A RE- reapplications with respect to the continued tection Board be performed only by adminis- PORTED BILL SEQUENTIALLY receipt of supplemental security income ben- trative law judges, and for other purposes; to REFERRED efits, to require that the administrative cri- the Committee on Government Reform and teria regarding mental impairments be Oversight. Under clause 5 of rule X the following modified, and for other purposes; to the Com- By Mr. INGLIS of South Carolina (for action was taken by the Speaker: mittee on Ways and Means. himself, Mr. STENHOLM, Mr. SOLOMON, H 6698 CONGRESSIONAL RECORD — HOUSE June 30, 1995

Mr. FIELDS of Texas, Mrs. MYRICK, CRANE, Mr. DORNAN, Mr. LOBIONDO, suballocations to reflect floor amendments Mr. SMITH of Texas, Mr. MICA, Mr. Mr. STOCKMAN, Mr. HANCOCK, Mr. to general appropriation bills, and for other HASTINGS of Washington, and Mr. HOEKSTRA, Mr. WICKER, Mrs. purposes; to the Committee on Rules. MCCOLLUM): SEASTRAND, Mr. ROYCE, Mr. f H.R. 1984. A bill to phase out funding for GUTKNECHT, Mr. CHRYSLER, Mrs. the death penalty resource centers; to the LOWEY, Mr. MILLER of Florida, Mr. MEMORIALS Committee on the Judiciary. HUTCHINSON, Mr. KLUG, Mr. By Mr. KENNEDY of Massachusetts FUNDERBURK, Mr. LINDER, Mr. HOKE, Under clause 4 of rule XXII, memori- (for himself, Mr. BURTON of Indiana, Ms. DUNN of Washington, Mr. TATE, als were presented and referred as fol- Mr. SMITH of New Jersey, Mr. MAT- Mr. WHITE, Mr. NETHERCUTT, Mr. lows: SUI, Mrs. MALONEY, Mr. UNDERWOOD, METCALF, Mrs. CUBIN, Mrs. 124. By the SPEAKER: Memorial of the Mr. EHLERS, Mr. BUNNING of Ken- CHENOWETH, Mr. SAM JOHNSON, and Legislature of the State of Nebraska, rel- tucky, Mr. THORNBERRY, Mr. BARTON Mrs. SMITH of Washington): ative to Taiwan; to the Committee on Inter- of Texas, Mr. BRYANT of Tennessee, H.R. 1993. A bill to abolish the Department national Relations. Mr. OBERSTAR, Mr. FROST, Mr. DEL- of Energy; to the Committee on Commerce, 125. Also, memorial of the House of Rep- LUMS, Mr. DORNAN, Mr. ACKERMAN, and in addition to the Committees on Na- resentatives of the Commonwealth of Penn- Mr. JACOBS, Mr. STUPAK, Mr. SOLO- tional Security, Science, Resources, Rules, sylvania, relative to memorializing the U.S. MON, Mr. EVANS, Mr. PETE GEREN of and Government Reform and Oversight, for a Postal Service to issue a coal miners’ postal Texas, Mr. HASTINGS of Florida, Mr. period to be subsequently determined by the stamp; to the Committee on Government Re- SERRANO, Mr. PAYNE of Virginia, Mr. Speaker, in each case for consideration of form and Oversight. FATTAH, and Mr. BARRETT of Wiscon- such provisions as fall within the jurisdic- sin): tion of the committee concerned. f H.R. 1985. A bill to amend the Internal Rev- By Mrs. VUCANOVICH: enue Code of 1986 to exclude from gross in- H.R. 1994. A bill to amend title 10, United ADDITIONAL SPONSORS come employee and military adoption assist- States Code, to provide for future cost-of-liv- Under clause 4 of rule XXII, sponsors ance benefits and withdrawals from IRA’s for ing adjustments for military retirees on the were added to public bills and resolu- certain adoption expenses; to the Committee same basis as applies to Federal civil service tions as follows: on Ways and Means. retirees; to the Committee on National Secu- H.R. 46: Mr. EMERSON and Mr. BATEMAN. By Mr. KILDEE (for himself, Mr. CLAY, rity, and in addition to the Committee on H.R. 65: Mr. OLVER, Mr. GREENWOOD, Mr. Mr. OWENS, Mr. MILLER of California, Government Reform and Oversight, for a pe- HOLDEN, and Mr. MENENDEZ. Mr. SAWYER, Ms. WOOLSEY, Mr. WIL- riod to be subsequently determined by the H.R. 218: Mr. STOCKMAN. LIAMS, and Mr. MARTINEZ): Speaker, in each case for consideration of H.R. 262: Mr. POSHARD. H.R. 1986. A bill to reauthorize and improve such provisions as fall within the jurisdic- H.R. 303: Mr. GREENWOOD, Mr. MCKEON, Mr. the Individuals with Disabilities Education tion of the committee concerned. HOLDEN, and Mr. MENENDEZ. Act; to the Committee on Economic and By Mr. FOX (for himself, Mr. CLINGER, H.R. 359: Mr. YOUNG of Florida and Mr. Educational Opportunities. Mr. MCINTOSH, Mr. OXLEY, Mr. MIL- TAYLOR of North Carolina. By Mr. KIM: LER of Florida, Mr. BILBRAY, Mr. H.R. 390: Mrs. WALDHOLTZ. H.R. 1987. A bill to limit congressional BLUTE, Mr. LATOURETTE, Mr. PETER- H.R. 394: Mr. BROWDER, Mr. CAMP, Ms. travel to North Korea; to the Committee on SON of Minnesota, Mr. WELDON of WOOLSEY, Mr. HUTCHINSON, and Mr. BONILLA. House Oversight. Florida, Mr. FRISA, Mr. COX, and Mr. H.R. 427: Mr. HAYWORTH, Mrs. VUCANOVICH, By Ms. MOLINARI: COOLEY): H.R. 1988. A bill to amend the United H.R. 1995. A bill to amend the Federal Mr. HEFLEY, and Mr. SOUDER. States Housing Act of 1937 to provide for Food, Drug, and Cosmetic Act to make im- H.R. 436: Mr. BAKER of Louisiana, Mr. more expeditious evictions from public hous- provements in the regulation of drugs; to the BATEMAN, Mr. KIM, Mr. EHLERS, Mr. LAHOOD, ing, and for other purposes; to the Commit- Committee on Commerce. Mr. CALVERT, Mr. FAWELL, Mr. DORNAN, and tee on Banking and Financial Services. By Mr. FIELDS of Texas: Mr. PETERSON of Minnesota. By Mr. MOORHEAD (for himself and H.R. 1996. A bill to amend the Internal Rev- H.R. 497: Mr. BRYANT of Texas. Mrs. SCHROEDER) (both by request): enue Code of 1986 to provide a mechanism for H.R. 540: Mr. WYDEN, Mr. WAXMAN, Mr. H.R. 1989. A bill to make improvements in taxpayers to designate $1 of any overpay- TORKILDSEN, and Mr. TOWNS. the operation and administration of the Fed- ment of income tax, and to contribute other H.R. 662: Mr. MCCOLLUM, Mr. ENGLISH of eral courts, and for other purposes; to the amounts, for use by the U.S. Olympic Com- Pennsylvania, Mr. ZELIFF, and Mr. WELLER. Committee on the Judiciary. mittee; to the Committee on Ways and H.R. 670: Mr. FROST and Mrs. MEEK of Flor- By Mr. OBERSTAR: Means. ida. H.R. 1990. A bill to provide for the ex- By Mr. GONZALEZ: H.R. 743: Mr. CANADY and Mr. MCCOLLUM. change of certain lands in the Superior Na- H.J. Res. 99. Joint resolution proposing an H.R. 747: Mr. HANCOCK and Mr. ZIMMER. tional Forest for certain lands owned by amendment to the Constitution of the Unit- H.R. 752: Mr. COSTELLO, Mr. GUTKNECHT, Cook County, Lake County, and St. Louis ed States to prohibit the death penalty; to Mr. PAYNE of New Jersey, Mr. SMITH of New County, MN, in the Boundary Water Canoe the Committee on the Judiciary. Jersey, Mr. LUTHER, Mrs. CUBIN, Mr. TAYLOR Area Wilderness; to the Committee on Re- By Mr. FALEOMAVAEGA (for himself, of North Carolina, Mr. WELDON of Pennsylva- sources, and in addition to the Committee on Mr. HAMILTON, Mr. LEACH, Mr. BE- nia, Mr. LONGLEY, Mr. SAXTON, Mr. PALLONE, Agriculture, for a period to be subsequently REUTER, Mr. BERMAN, Mr. SMITH of Mr. WILSON, and Mr. HASTINGS of Florida. determined by the Speaker, in each case for New Jersey, Mr. LANTOS, Mr. H.R. 789: Mr. MCINNIS. consideration of such provisions as fall with- ROHRABACHER, Mr. ACKERMAN, Mr. H.R. 797: Mr. RUSH. in the jurisdiction of the committee con- KIM, Mr. UNDERWOOD, Mrs. MINK of H.R. 803: Mr. BURR and Mr. BONILLA. cerned. Hawaii, Mr. ABERCROMBIE, Mr. MAR- H.R. 820: Mr. FROST, MR. HEINEMAN, Mrs. By Mr. STUPAK: KEY, Mr. DEFAZIO, and Mr. MINETA): SCHROEDER, Mr. COMBEST, Mr. SPENCE, Mr. H.R. 1991. A bill to change the authorized H. Con. Res. 80. Concurrent resolution ex- BILBRAY, Mr. ROYCE, Ms. FURSE, and Mr. depth for the project for navigation at pressing the sense of Congress that the Unit- TANNER. Manistique Harbor, MI, and for other pur- ed States should recognize the concerns of H.R. 868: Mr. CLEMENT and Mr. MCHUGH. poses; to the Committee on Transportation the peoples of Oceania and call upon the H.R. 899: Mr. CHAMBLISS and Mrs. MINK of and Infrastructure. Government of France to cease all nuclear Hawaii. By Mrs. THURMAN: testing at the Moruroa and Fangataufa H.R. 957: Mrs. KENNELLY, Mr. FOX, Mr. H.R. 1992. A bill to modify the Suwannee atolls; to the Committee on International MCCOLLUM, and Mr. BOROSKI. River navigation project, FL, to authorize Relations. H.R. 963: Mr. LINDER, Mr. BARCIA of Michi- dredging of the McGriff Pass instead of the By Mr. SAM JOHNSON of Texas (for gan, Mr. OBERSTAR, Mr. PALLONE, Mr. LEWIS East and Alligator Passes; to the Committee himself, Mr. HUNTER, Mr. DORNAN, of Kentucky, Mr. WELDON of Pennsylvania, on Transportation and Infrastructure. Mr. CUNNINGHAM, Mr. ROHRABACHER, Mr. DEFAZIO, Mr. GILLMOR, and Mr. MINGE. By Mr. TIAHRT (for himself, Mr. and Mr. SOLOMON): H.R. 974: Mr. MARTINEZ, Mr. FROST, and BROWNBACK, Mr. BASS, Mr. BARTLETT H. Con. Res. 81. Concurrent resolution ex- Mr. CLEMENT. of Maryland, Mr. COBURN, Mr. pressing the policy of the United States with H.R. 1003: Mr. STENHOLM. CREMEANS, Mr. FOLEY, Mr. SHADEGG, respect to the normalization of relations H.R. 1061: Mr. DREIER. Mr. ARMEY, Mr. DELAY, Mr. BOEHNER, with the Socialist Republic of Vietnam; to H.R. 1100: Mr. REED. Mr. KASICH, Mr. SOLOMON, Mr. the Committee on International Relations. H.R. 1114: Mr. KINGSTON. SCARBOROUGH, Mr. NEUMANN, Mr. By Mr. ROYCE (for himself and Mr. H.R. 1162: Mr. HERGER. HOSTETTLER, Mr. EWING, Mrs. MINGE): H.R. 1222: Ms. ESHOO. WALDHOLTZ, Mrs. MYRICK, Mr. SMITH H. Res. 182. Resolution amending the Rules H.R. 1226: Mr. WICKER and Mr. KING. of Michigan, Mr. PACKARD, Mr. of the House of Representatives to require H.R. 1242: Mr. WICKER. PARKER, Mr. CHRISTENSEN, Mr. the reduction of section 602(b)(1) H.R. 1254: Mr. DELLUMS. June 30, 1995 CONGRESSIONAL RECORD — HOUSE H 6699

H.R. 1264: Mr. CONYERS. STUMP, Mrs. CUBIN, Mr. ALLARD, Mr. JONES, H.J. Res. 89: Mr. CRAMER, Mrs. ROUKEMA, H.R. 1289: Mr. DOOLITTLE. Mr. YOUNG of Alaska, Mr. CALVERT, Mr. Mr. FROST, Mr. BILIRAKIS, Mr. UPTON, and H.R. 1339: Mr. WILLIAMS and Mr. KLUG. HERGER, Mr. SHADEGG, Mr. CRAPO, Mr. SOLO- Mr. DOYLE. H.R. 1406: Mr. WILSON. MON, Mr. HAYWORTH, Mr. HASTINGS of Wash- H.J. Res. 96: Mr. HALL of Ohio, Ms. MCKIN- H.R. 1448: Mr. HANCOCK. ington, Mr. GILCHREST, Mr. HEFLEY, Mr. NEY, Mrs. SCHROEDER, Mr. FUNDERBURK, Mrs. H.R. 1458: Mr. HALL of Texas. METCALF, Mr. LEWIS of California, Mr. SEASTRAND, Mr. PALLONE, Mr. ABERCROMBIE, H.R. 1460: Mr. REYNOLDS and Mr. JOHNSON POMBO, Mrs. SMITH of Washington, Mr. EN- Mr. YATES, Mr. DELLUMS, Ms. ESHOO, Mr. of South Dakota. SIGN, Mr. TORKILDSEN, Mr. CREMEANS, Mr. STEARNS, Mr. LIPINSKI, Mr. LEWIS of Georgia, ATTAH H.R. 1506: Mr. F . THORNBERRY, Mr. LONGLEY, and Mr. SCHAE- Mr. ROSE, Mr. BURTON of Indiana, and Mr. H.R. 1513: Mr. UNDERWOOD and Mr. HOLDEN. FER. STOCKMAN. H.R. 1532: Mr. GREENWOOD. H.R. 1749: Mr. DORNAN, Mr. LIPINSKI, Mr. H. Con. Res. 78: Mr. FILNER, Mr. BORSKI, H.R. 1533: Mr. ENGLISH of Pennsylvania, SCARBOROUGH, Mrs. ROUKEMA, and Mr. LEWIS Mr. LEWIS of Georgia, Mr. DELLUMS, Mr. Mr. NEY, Mr. FOX, Mr. GRAHAM, Mr. LAHOOD, of Georgia. RUSH, Mr. FROST, Ms. RIVERS, and Mr. SAND- Mr. CHRYSLER, Mr. EHRLICH, Mr. COOLEY, Mr. H.R. 1753: Mr. REGULA, Mr. MCDERMOTT, ERS. WELLER, Mr. GUTKNECHT, Mr. FUNDERBURK, Mr. JACOBS, Mr. EMERSON, Mr. LAFALCE, Mr. H. Res. 39: Mr. YATES, Mr. GENE GREEN of and Mr. DAVIS. DIXON, Mr. FROST, Mr. BRYANT of Texas, Mr. Texas, Mr. FILNER, Mr. UNDERWOOD, Mr. H.R. 1539: Mr. NEAL of Massachusetts, Mr. BARCIA of Michigan, Mr. MENENDEZ, Mr. RUSH, and Mr. FRAZER. LEWIS of Georgia, Mr. RANGEL, Mr. PALLONE, JOHNSON of South Dakota, Mr. REED, Mr. H. Res. 132: Mr. DOGGETT, Mr. GENE GREEN Mr. WYNN, Mr. OBERSTAR, and Mr. MATSUI. ACKERMAN, Mr. BORSKI, Mr. TRAFICANT, Mr. of Texas, Mr. HAMILTON, Mrs. LOWEY, Ms. H.R. 1552: Mr. MARTINI, Mrs. MYRICK, Mr. CRAMER, Mr. SKAGGS, Mr. MCDADE, Mr. MCKINNEY, Mr. MEEHAN, Ms. RIVERS, Mr. RO- MINGE, Mr. TATE, Mr. PETRI, Mr. COX, Mr. OBERSTAR, and Mr. PETE GEREN of Texas. MERO-BARCELO, Ms. SLAUGHTER, Mr. THOMP- PAYNE of Virginia, Mr. MCINTOSH, Mr. LU- H.R. 1758: Ms. RIVERS and Mr. FATTAH. THER, Mr. CHAPMAN, Mrs. VUCANOVICH, and H.R. 1776: Mr. FLAKE. SON, Mr. TORRES, Mr. UNDERWOOD, Ms. Mr. TEJEDA. H.R. 1787: Mr. QUILLEN. VELAZQUEZ, and Mr. YATES. H.R. 1580: Mr. MCINNIS. H.R. 1818: Mr. GOODLING, Mr. LOBIONDO, H. Res. 150: Mr. HILLIARD and Mr. STUPAK. H.R. 1591: Mr. REYNOLDS. Mr. DREIER, and Mr. BONILLA. f H.R. 1594: Mr. FIELDS of Texas. H.R. 1833: Mr. ORTIZ, Mr. TAYLOR of North H.R. 1640: Mr. BOEHNER, Mr. GRAHAM, Mr. Carolina, Mr. TAYLOR of Mississippi, Mr. EN- DELETIONS OF SPONSORS FROM WICKER, Mr. HOKE, Mr. LARGENT, Mrs. SIGN, Mrs. CUBIN, Ms. ROS-LEHTINEN, Mr. PUBLIC BILLS AND RESOLUTIONS CHENOWETH, Mr. ENSIGN, Mr. CUNNINGHAM, BOEHNER, and Mr. THORNBERRY. Mr. BALLENGER, Mr. MCKEON, Mrs. MYRICK, H.R. 1856: Mr. FROST, Mr. KLECZKA, Ms. Under clause 4 of rule XXII, sponsors Mr. SALMON, Mr. TIAHRT, Mr. GUTKNECHT, BROWN of Florida, Mr. JEFFERSON, Mr. LAN- were deleted from public bills and reso- Mr. BARTON of Texas, Mr. NEUMANN, Mr. TOS, Mrs. THURMAN, Mr. WAXMAN, Mr. FRANK lutions as follows: HUNTER, and Mr. PAXON. of Massachusetts, Mr. FOGLIETTA, Mr. PETE H.R. 1649: Mr. OBERSTAR and Mr. YOUNG of GEREN of Texas, Mr. PETERSON of Minnesota, H.R. 1289: Ms. ESHOO. Alaska. Mr. STARK, Mr. MARTINEZ, Mr. YATES, Mr. H.R. 1883: Mr. WHITE. H.R. 1666: Mr. DINGELL and Mr. NADLER, Mr. ENGEL, Mr. FLAKE, Ms. WOOL- f KNOLLENBERG. SEY, Mr. CLEMENT, Mr. MASCARA, Ms. KAP- H.R. 1709: Mr. CONYERS, Mr. FRANK of Mas- TUR, Mr. PAYNE of New Jersey, Mr. LEWIS of AMENDMENTS sachusetts, Ms. FURSE, Mr. JACOBS, Mr. PE- Georgia, Mr. LATHAM, Mr. EHLERS, and Mr. TERSON of Minnesota, Mr. STARK, Ms. CLINGER. Under clause 6 of rule XXIII, pro- VELA´ ZQUEZ, and Mr. ZIMMER. H.R. 1889: Mr. WALSH, Mr. OBERSTAR, Ms. posed amendments were submitted as H.R. 1711: Mr. BUNNING of Kentucky, Mr. RIVERS, Mr. HAYES, Mr. ACKERMAN, Mr. follows: JACOBS, and Mr. BARCIA of Michigan. MOAKLEY, Mr. WAXMAN, Mr. SCHUMER, and H.R. 1868 H.R. 1732: Mr. PETERSON of Minnesota. Mr. FROST. H.R. 1733: Mr. PETERSON of Minnesota. H.R. 1915: Mr. MCKEON, Mr. BARTON of OFFERED BY: MR. FRANK OF MASSACHUSETTS H.R. 1739: Mr. MCCOLLUM. Texas, Mr. HUTCHINSON, Mr. THORNBERRY, AMENDMENT NO. 86: Page 78, after line 6, in- H.R. 1742: Mr. DOOLEY, Mr. CLEMENT, and Mr. LAUGHLIN, Mr. TRAFICANT, Mr. SENSEN- sert the following new section: Mr. FRANK of Massachuetts. BRENNER, and Mr. KASICH. LIMITATION ON FUNDS FOR INDONESIA H.R. 1744: Mr. COBURN and Mr. HOSTETTLER. H.R. 1952: Ms. WATERS, Mr. GREENWOOD, H.R. 1745: Mrs. CHENOWETH, Mr. DOOLITTLE, and Mr. FAZIO of California. SEC. 564. None of the funds made available Mr. SAXTON, Mr. GALLEGLY, Mr. COOLEY, Mr. H.R. 1955: Mr. PALLONE, Mr. YATES, Mrs. in this Act may be used for assistance for In- SKEEN, Mr. RADANOVICH, Mr. DUNCAN, Mr. LOWEY, and Mr. MURTHA. donesia. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, FRIDAY, JUNE 30, 1995 No. 109 Senate (Legislative day of Monday, June 19, 1995)

The Senate met at 9:30 a.m., on the SCHEDULE trunks, eliminated parking in some expiration of the recess, and was called Mr. COVERDELL. Mr. President, this areas, increased the sensitivity on the to order by the President pro tempore morning the leader time has been re- entryway metal detectors, and kept [Mr. THURMOND]. served, and there will be a period for the public away from ground floor win- The PRESIDENT pro tempore. The morning business until the hour of dows with yards of yellow tape labeled Chaplain will now deliver the opening 10:30 a.m. ‘‘Police Line—Do Not Cross.’’ prayer. The rescissions bill is expected to ar- Soon after, the U.S. Treasury Depart- rive from the House of Representatives ment ordered Pennsylvania Avenue PRAYER today, and Senator DOLE, our majority closed to cars and trucks in front of Father of liberty, as we begin this leader, has indicated he would like to the White House. Fourth of July weekend and recess complete action on that bill today. For the first time in the 195-year his- time, we praise You for our Founding Rollcall votes are therefore possible tory of the Executive Mansion, the people were no longer allowed to drive Fathers who received from You the during today’s session of the Senate. past the people’s house. strength and courage to claim their in- Mr. President, I yield the floor. Mr. GRAMS addressed the Chair. And now, 1 month after Pennsylvania alienable right to be free and drafted Avenue was shut down to traffic, police the Declaration of Independence. You The PRESIDING OFFICER (Mr. COVERDELL). The distinguished Senator say more drastic measures are needed. gave them victory in a just revolution A plan will go into effect here on and placed in their hearts the Amer- from Minnesota is recognized. f Wednesday, July 5, that will even fur- ican dream. We join our voices with ther limit the people’s access to Cap- these gallant heroes of liberty in FREEDOM OR SECURITY? itol Hill and those of us who work here confessing total dependence on You. Mr. GRAMS. Mr. President, this com- on the people’s behalf. We know that You are the Author of ing Tuesday, the American people will The Senate Sergeant-at-Arms and the glorious vision that gave birth to celebrate the Fourth of July. It is a the U.S. Capitol Police say that traffic our beloved Nation. day for parties and parades, fireworks, will be restricted or eliminated alto- Through the years we have learned and family picnics. gether around the three Senate office that freedom is not free. It must be It is a day for remembering the bed- buildings. cherished, defended, and fought for at rock of freedom on which this country Some parking will be eliminated, high cost. We thank You for the brave was built, and how freedom still binds too. men and women who have given their us together. Streets will be closed with the con- lives in the cause of freedom and jus- So it is ironic that 1 day later, July crete barriers that have become all- tice. Today, help us to be willing to 5, we will take action right here on too-common in this city. It will be pay the cost of freedom as we lead our Capitol Hill to clamp down on the very more tire shredders, not ‘‘welcome’’ Nation. We give You our minds, hearts, freedoms we embrace on Independence signs, that will greet visitors. and energy as we grapple with the Day. The Capitol Police say they are try- issues of moving this Nation forward in It began on April 19, in Oklahoma ing to strike a balance between free ac- keeping with Your vision. As the fire- City. cess, and the security of the Congress works explode in the sky in our Fourth The reverberations of the bombing at and its visitors. of July celebrations, implode in our the Alfred P. Murrah Federal Building They say the changes I have outlined hearts a new burst of patriotism and were felt across America, but echoed mean only ‘‘minor traffic disruptions’’ commitment. God, empower the women loudly in Washington, DC, home to and will have ‘‘little impact on the and men of this Senate and bless Amer- more Federal buildings—and Federal community.’’ ica. In Your holy name. Amen. employees—than any other city in the Mr. President, I have great admira- Nation. tion and respect for the officers and po- f And almost immediately, a siege lice administrators who work every mentality took hold. day—sometimes putting their own RECOGNITION OF THE ACTING Here at the Capitol, police took ex- lives on the line—to make this a safe MAJORITY LEADER traordinary steps to protect against and secure place to work and visit. The ACTING PRESIDENT pro tem- the possibility of a terrorist attack. They have and deserve our thanks. pore. The acting majority leader is rec- They beefed up patrols around the But with all due respect to them, there ognized. building, stopped cars and checked is much more at stake in this decision

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

S9479

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9480 CONGRESSIONAL RECORD — SENATE June 30, 1995 than simply its physical impact on the I have heard their comments when THE SECOND RESCISSIONS BILL community. they look down an empty stretch of Mr. GORTON. Mr. President, at 10 Whenever we make such bold moves Pennsylvania Avenue that used to be o’clock, I understand, the Senate will to further separate ourselves from the open to cars. I know what they whisper take up a second rescissions bill, that very people who sent us here and pay when they visit and walk through the bill having passed the House of Rep- our weekly salaries, it has a tremen- metal detectors. resentatives last night. This is good dous impact on the national psyche as ‘‘It is a shame,’’ they are saying. news for the people of the United well. And they do not like it. We have gone States, following on the even better What it comes down to, Mr. Presi- too far. news of the passage of the budget reso- dent, is the question of freedom versus Washington should be a place where lution yesterday, a budget resolution security. Is ours a government that can visitors feel secure, but by turning it which will lead to a balanced budget in operate openly, in the name of free- into a fortress, we are sacrificing free- the year 2002. That path will be made dom, and still shut itself off from the dom for security, and making a city of markedly easier by the passage and people, in the name of security? such beauty and such history some- hoped-for signing of a rescissions bill Are we willing to swap one for the thing dirty. designed to save somewhere between other? We can put in more concrete barriers $12 and $15 billion of spending already If we are, then perhaps we should not and try to camouflage them with flow- authorized and appropriated. In fact, stop with a few tire shredders and a ers, but in the words of one newspaper next year’s appropriations would be ex- couple of closed streets. columnist, it is like putting lipstick on tremely difficult without the passage Why do not we just build a fence a goat. It is ugly, and fear is ugly. of this rescissions bill. around the Capitol? That is what the Democracy should be about building Regrettably, it will allow somewhat Capitol Hill Police proposed in 1985 in bridges, not building walls. In Wash- more spending, at the insistence of the an internal report, at a cost then of $2.8 ington, we have become too adept at President, than was the case with the million. building walls. And every time a wall earlier proposal. But even so, it will Or better yet, if we really want to goes up, we knock freedom down an- represent a major step forward, a sig- make a loud, public statement that other notch. nificant commitment on the part of ‘‘you cannot mess with the Federal Let us seriously consider what we’re this Congress to a leaner, tougher, Government,’’ we will dig a massive doing, and what security we’re willing more efficient and more effective Fed- trench around the Capitol. to give up in order to live in a democ- eral Government with a reduction in We will fill the moat with water and racy. spending which, in some cases, would maybe a pack of alligators, and build a If in the end it comes down to a ques- simply be wasteful—in other cases, single, drawbridge entrance, where we tion of security or freedom, this Sen- which might have been significant, but will station guards armed with spears. ator will always choose freedom, Mr. not of a high enough priority to borrow And then we will dare the public to President. And I believe the American in order to do it and then to send the visit. people will, too. bill to our children and to our grand- We will be secure in our bunker, Mr. I yield the floor and suggest the ab- children. President, but for that security, we sence of a quorum. One of the last matters, perhaps the will be trading away freedom, and we The PRESIDING OFFICER. The last matter settled in connection with cannot make horse trades with the clerk will call the roll. this rescissions bill, was a proposal of Mr. GORTON. Mr. President, I ask very principles upon which this Nation mine and the distinguished Senator was founded. unanimous consent that the order for from Oregon [Mr. HATFIELD] with re- Mr. President, we should also con- the quorum call be rescinded. spect to salvage timber and to certain sider the impact of our actions on the The PRESIDING OFFICER. Without other rules related to timber har- taxpayers. objection, it is so ordered. vesting in the Pacific Northwest—the The recent security precautions f taken at the White House will cost the salvage provisions applying all across RESERVATION OF LEADER TIME taxpayers $200,000 for new traffic sig- the United States. Negotiations with the administration nals, signs, and pavement markings. The PRESIDING OFFICER. Under on this subject were intensive and were The new security arrangements here the previous order, the leadership time lengthy. The net result, from the per- at the Capitol will come with a price is reserved. spective of this Senator, is that the tag to the taxpayers as well, although f changes in the earlier bill are only the costs will not be measured solely MORNING BUSINESS slightly more than superficial. Both by dollars. Where do we stop? The PRESIDING OFFICER. Under the provisions in the earlier bill and There are 8,100 Federal buildings in the previous order, there will now be a those in this bill, I wish to emphasize, the United States—do we turn each and period for the transaction of morning were aimed solely at permitting the every one of them into a fortress? business not to extend beyond the hour President and the administration to do The sad truth is that we can not proof 10:30 a.m. with Senators permitted what they claim they want to do any- tect Federal workers by sealing them to speak therein for not to exceed 5 way, to keep their own commitments. off from the world. minutes each. Under the previous Neither in the field of salvage timber If we tell terrorists that we are not order, the Senator from Idaho [Mr. nor in connection with so-called option going to let them park car bombs made CRAIG] is recognized to speak for up to 9 in the Pacific Northwest, do I believe of fertilizer and fuel oil next to our 15 minutes; under the previous order, this administration proposes a balance Federal buildings anymore, they will the Senator from New Hampshire [Mr. between its environmental concerns find another way. SMITH] is recognized to speak for up to and the very real, human needs of the And we may just be goading on a des- 15 minutes; under the previous order, people who live in timber communities perate kook who wants to prove they the Senator from Arkansas [Mr. and supply a vitally important com- can not be stopped by another layer of PRYOR] is recognized to speak for up to modity for the people of the United security. 10 minutes. The Senator from Wash- States. The public does not understand what ington may proceed. I wish to emphasize this. I do not be- we are doing. Mr. GORTON. Mr. President, I am in- lieve the administration’s plans are ap- They have vital business in Federal formed that Senator CRAIG is not going propriately balanced or that they give buildings, or they come here as tour- to utilize his time. My name was not due weight to human concerns. But ists, expecting to be welcomed. mentioned. they are something. They are more But when they see the police, and all I ask unanimous consent to speak for than people in timber country across they yellow tape, and the signs that not more than 5 minutes in morning the United States have today. This say ‘‘Do Not Enter,’’ they wonder what business. amendment is simply designed to re- kind of message we are trying to get The PRESIDING OFFICER. Without move the frivolous and endless litiga- across. objection, it is so ordered. tion which seeks to obstruct even the

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9481 modest relief which the administration In 1942, Nils married his high school ernment—and the less the better. He proposes. sweetheart, Ruth Seaburg. While his believed with all his heart that govern- So the President is not required to do wife was expecting their first child, ment should do only what people can- anything that he does not want to do. World War II was raging. Nils joined not do for themselves. He is enabled to do what he does wish the Navy because he knew that free- Nils never ran for public office. So to do, or says that he wishes to do. He dom was not free. Nils put his life on you would not know him. Instead he is enabled to keep his own commit- the line to preserve that freedom not preferred to serve from the sidelines. ments, and the people of the United only for his generation but for his chil- He was always there when a void need- States, and especially those in timber dren and grandchildren for generations ed to be filled which could further his country, can then determine whether to come. conservative beliefs in the preciousness or not those commitments are indeed He served as a machinist mate on of freedom, the sanctity of human life, adequate; are, indeed, balanced. board the U.S.S. Doyle C. Barnes in the and the importance of family. I trust that later on this year we will Philippines and New Guinea. It was in Nils and his wife, Ruth and his be dealing with legislation that will 1944 that Nils returned from the war. daughter, Asta, and the rest of the create that balance. But in the mean- He came home to a son who was ready family, were quiet but active Ameri- time, this significant though modest a year old. Nils found work at the Wa- cans who deserve a great deal of credit relief will be available. For that I am tertown Arsenal and then later at MIT for the revolution which took place in most grateful. as a tool and die maker. last November’s election. They never Mr. President, I suggest the absence In 1947, Nils moved his family to sat back and let the liberal agenda de- of a quorum. Kingston, NH, and a second son was stroy the fragile freedom we enjoy. The PRESIDING OFFICER. The born. He rode his bike 2 miles to the They went to work every day. They clerk will call the roll. train station in the next town in order The assistant legislative clerk pro- taught their families right from wrong to make his way to and from Haverhill, ceeded to call the roll. and they taught them to love God and Mr. SMITH. Mr. President, I ask MA, where he taught at a trade school. to love America and to take their re- unanimous consent that the order for The family was soon able to buy a car sponsibilities seriously, to save for the the quorum call be rescinded. and life became easier. future, and not to be a burden to soci- The PRESIDING OFFICER. Without The agreement at Yalta removed for- ety. objection, it is so ordered. ever any lingering Socialist ideas that As I indicated, Nils passed away a had been brought from Sweden with his short time ago. He suffered from Alz- f parents. No man or nation had the heimers, a cruel disease that has also A TRIBUTE TO NILS M. SANDER right to determine the sovereignty of stricken one of his beloved political Mr. SMITH. Mr. President, I rise another nation. Individual freedom leaders, Ronald Reagan. Because he today to pay tribute to a long time with responsibility began to root itself was in the final stages of Alzheimers, friend, Nils M. Sander, of Kingston, deep into Nils’ beliefs. Those beliefs Nils was unable to witness the Novem- NH. formed the basis for his conservative ber elections and enjoy the fruits of his Nils was a deeply religious man, a de- philosophy. labors. voted husband and father and a true Nils’ family remembers very clearly Nils—I know that you are watching American patriot. Although he would the lengthy conversations around the now and smiling as you see your old not immediately be recognized by mil- dinner table had about communism, his friend in the majority in the U.S. Sen- lions of Americans, he embodied the es- compassion for people imprisoned with- ate. sence of the American people and their in the Communist state, and his deter- I am a U.S. Senator today because of spirit. mination that freedom must prevail Nils Sander. Nils believed in me at a Nils Sander died on March 17, 1995, against those tyrannies. time when it was tough. And I believed but it is his life that I want to share For Nils, there was never a problem in him. I will miss my friend, and I in- with my colleagues today. with defining right or wrong. His faith tend to honor his memory by con- Nils was born in 1917 in Stockholm, in God and knowledge of biblical les- tinuing to fight for the conservative Sweden, the second son of John and sons were all he needed to direct his principles he espoused. Maria Sander. It was soon after Nils’ life and to teach his family, his stu- Yes, Nils Sander, one man can make birth that the Sander family began im- dents, and all who came to know him. a difference***and you did. migrating to America. Initially it was Nils was a founder of the Kingston Thank you, Mr. President. several aunts and uncles and then as Community House, a volunteer organi- Mr. President, I suggest the absence word spread among the family that in zation formed to help those in need in of a quorum. America the jobs were plentiful and op- the community. They provided food The PRESIDING OFFICER. The portunity was boundless, Nils’ parents, and clothes to those who were without. clerk will call the roll. John and Maria, brought their whole They provided Christmas gifts for The legislative clerk proceeded to family. needy children, and they ran a weekly call the roll. Nils, his brother, Arnie, a pregnant meal program. The success of the King- Mr. PRYOR. Mr. President, I ask mother and a hopeful father dis- ston Community House brought Nancy unanimous consent that the order for embarked from the boat at Ellis Island. Reagan to Kingston because of her in- the quorum call be rescinded. Nils’ sister, Nana, was later born in terest in voluntarism. The PRESIDING OFFICER. Without America and it was her birth as a U.S. Nils became active in the New Hamp- objection, it is so ordered. citizen that enabled her to sponsor the shire Republican Party and cam- (The remarks of Mr. PRYOR and Mr. rest of the family into citizenship. Nils’ paigned tirelessly for those conserv- HATCH pertaining to the introduction father, John, the industrious and hard- ative candidates who shared his ideals. of S. 1006 are located in today’s RECORD working Swede, found work as a ma- Those he worked for included Barry under ‘‘Statements on Introduced Bills chinist and was soon able to buy his Goldwater, Richard Nixon, Ronald and Joint Resolutions.’’) family a home. Reagan, Gordon Humphrey, Mel Thom- f Nils grew up in a generation that son, and BOB SMITH. Nils was not only knew the value of a strong work ethic. our supporter—he was our friend. REGULATORY PROCEDURES He saw the Depression. He saw it dev- Nils was there for me in the begin- REFORM ACT astate the lives of his neighbors, family ning when it was tough going. He did Mr. GLENN. Mr. President, yester- and friends. Nils’ brother left home so not have to help me but he did, and he day, I, along with a bipartisan group of there would be one less mouth to feed. never asked for anything in return. Not Senators, introduced S. 1001, the Regu- His mother pawned her wedding ring to one thing did he ever ask in return. latory Procedures Reform Act of 1995. feed her family. Nils learned the value Nils helped to craft the conservative Upon its introduction, it was my in- of saving and he learned the machinist platform which now guides the party. tention to have the bill printed in the trade from his father. He learned to He was one of the quiet people who RECORD so that all Members with an in- love America. never asked for anything but good gov- terest in this important issue—the

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9482 CONGRESSIONAL RECORD — SENATE June 30, 1995 issue of regulatory reform—would have ‘‘(A) imposes legal accountability for the posed rulemaking that has been published on the opportunity to review the provi- achievement of an explicit regulatory objec- or before the effective date of this sub- sions of the measure. Unfortunately, tive, including the reduction of environ- chapter, no later than 60 days after such the measure was not printed. mental pollutants or of risks to human date). health, safety, or the environment, on each ‘‘(2) Such determination shall be published Therefore, I now ask unanimous con- regulated person; in the Federal Register, together with a suc- sent that the text of S. 1001 and a com- ‘‘(B) affords maximum flexibility to each cinct statement of the basis for the deter- parative be printed in the RECORD. regulated person in complying with manda- mination. There being no objection, the mate- tory regulatory objectives, and such flexi- ‘‘(c)(1)(A) When the agency publishes a no- rial was ordered to be printed in the bility shall, where feasible and appropriate, tice of proposed rulemaking for a major rule, the agency shall issue and place in the rule- RECORD, as follows: include the opportunity to transfer to, or receive from, other persons, including for cash making file an initial cost-benefit analysis, S. 1001 or other legal consideration, increments of and shall include a summary of such analysis Be it enacted by the Senate and House of Rep- compliance responsibility established by the in the notice of proposed rulemaking. resentatives of the United States of America in program; and ‘‘(B)(i) When the Director or a designee of the President has published a determination Congress assembled, ‘‘(C) permits regulated persons to respond that a rule is a major rule after the publica- SECTION 1. SHORT TITLE. at their own discretion in an automatic man- tion of the notice of proposed rulemaking for This Act may be cited as the ‘‘Regulatory ner, consistent with subparagraph (B), to the rule, the agency shall promptly issue and Procedures Reform Act of 1995’’. changes in general economic conditions and place in the rulemaking file an initial cost- in economic circumstances directly perti- SEC. 2. DEFINITIONS. benefit analysis for the rule and shall pub- nent to the regulatory program without af- Section 551 of title 5, United States Code, lish in the Federal Register a summary of fecting the achievement of the program’s ex- is amended— such analysis. (1) in paragraph (13), by striking out ‘‘; plicit regulatory mandates under subpara- ‘‘(ii) Following the issuance of an initial and’’ and inserting in lieu thereof a semi- graph (A); cost-benefit analysis under clause (i), the colon; ‘‘(6) the term ‘performance standard’ agency shall give interested persons an op- (2) in paragraph (14), by striking out the means a requirement that imposes legal ac- portunity to comment pursuant to section period and inserting in lieu thereof ‘‘; and’’; countability for the achievement of an ex- 553 in the same manner as if the draft cost- and plicit regulatory objective, such as the re- benefit analysis had been issued with the no- (3) by adding at the end thereof the fol- duction of environmental pollutants or of tice of proposed rulemaking. lowing new paragraph: risks to human health, safety, or the envi- ‘‘(2) Each initial cost-benefit analysis shall ‘‘(15) ‘Director’ means the Director of the ronment, on each regulated person; contain— Office of Management and Budget.’’. ‘‘(7) the term ‘risk assessment’ has the ‘‘(A) an analysis of the benefits of the pro- same meaning as such term is defined under SEC. 3. ANALYSIS OF AGENCY RULES. posed rule, including any benefits that can- section 631(5); and (a) IN GENERAL.—Chapter 6 of title 5, not be quantified, and an explanation of how ‘‘(8) the term ‘rule’ has the same meaning United States Code, is amended by adding at the agency anticipates that such benefits as in section 551(4) of this title, and shall not the end the following: will be achieved by the proposed rule, includ- include— ing a description of the persons or classes of ‘‘SUBCHAPTER II—ANALYSIS OF AGENCY ‘‘(A) a rule of particular applicability that persons likely to receive such benefits; RULES approves or prescribes for the future rates, ‘‘(B) an analysis of the costs of the pro- ‘‘§ 621. Definitions wages, prices, services, corporate or finan- posed rule, including any costs that cannot ‘‘For purposes of this subchapter the defi- cial structures, reorganizations, mergers, ac- be quantified, and an explanation of how the nitions under section 551 shall apply and— quisitions, accounting practices, or disclo- agency anticipates that such costs will re- ‘‘(1) the term ‘benefit’ means the reason- sures bearing on any of the foregoing; sult from the proposed rule, including a de- ably identifiable significant favorable ef- ‘‘(B) a rule relating to monetary policy scription of the persons or classes of persons fects, including social, environmental, and proposed or promulgated by the Board of likely to bear such costs; economic benefits, that are expected to re- Governors of the Federal Reserve System or ‘‘(C) an identification (including an anal- sult directly or indirectly from implementa- by the Federal Open Market Committee; ysis of costs and benefits) of an appropriate tion of a rule or an alternative to a rule; ‘‘(C) a rule relating to the safety or sound- number of reasonable alternatives allowed ‘‘(2) the term ‘cost’ means the reasonably ness of federally insured depository institu- under the statute granting the rulemaking identifiable significant adverse effects, in- tions or any affiliate of such an institution authority for achieving the identified bene- cluding social, environmental, and economic (as defined in section 2(k) of the Bank Hold- fits of the proposed rule, including alter- costs that are expected to result directly or ing Company Act of 1956 (12 U.S.C. 1841(k)); natives that— indirectly from implementation of, or com- credit unions; the Federal Home Loan ‘‘(i) require no government action; pliance with, a rule or an alternative to a Banks; government-sponsored housing enter- ‘‘(ii) will accommodate differences among rule; prises; a Farm Credit System Institution; geographic regions and among persons with ‘‘(3) the term ‘cost-benefit analysis’ means foreign banks, and their branches, agencies, differing levels of resources with which to an evaluation of the costs and benefits of a commercial lending companies or represent- comply; and rule, quantified to the extent feasible and ap- ative offices that operate in the United ‘‘(iii) employ voluntary programs, perform- propriate and otherwise qualitatively de- States and any affiliate of such foreign ance standards, or market-based mechanisms scribed, that is prepared in accordance with banks (as those terms are defined in the that permit greater flexibility in achieving the requirements of this subchapter at the International Banking Act of 1978 (12 U.S.C. the identified benefits of the proposed rule level of detail appropriate and practicable 3101)); or a rule relating to the payments sys- and that comply with the requirements of for reasoned decisionmaking on the matter tem or the protection of deposit insurance subparagraph (D); involved, taking into consideration the sig- funds or Farm Credit Insurance Fund; or ‘‘(D) an assessment of the feasibility of es- nificance and complexity of the decision and ‘‘(D) a rule issued by the Federal Election tablishing a regulatory program that oper- any need for expedition; Commission or a rule issued by the Federal ates through the application of market-based ‘‘(4)(A) the term ‘major rule’ means a rule Communications Commission pursuant to mechanisms; or a group of closely related rules that the sections 312(a)(7) and 315 of the Communica- ‘‘(E) an explanation of the extent to which agency proposing the rule, the Director, or a tions Act of 1934 (47 U.S.C. 312(a)(7) and 315). the proposed rule— designee of the President reasonably deter- ‘‘§ 622. Rulemaking cost-benefit analysis ‘‘(i) will accommodate differences among mines is likely to have a gross annual effect ‘‘(a) Before publishing notice of a proposed geographic regions and among persons with on the economy of $100,000,000 or more in rea- rulemaking for any rule (or, in the case of a differing levels of resources with which to sonably quantifiable direct and indirect notice of a proposed rulemaking that has comply; and costs; and been published on or before the effective date ‘‘(ii) employs voluntary programs, per- ‘‘(B) the term ‘major rule’ shall not in- of this subchapter, no later than 30 days formance standards, or market-based mecha- clude— after such date), each agency shall determine nisms that permit greater flexibility in ‘‘(i) a rule that involves the internal rev- whether the rule is or is not a major rule. achieving the identified benefits of the pro- enue laws of the United States; For the purpose of any such determination, a posed rule; ‘‘(ii) a rule or agency action that author- group of closely related rules shall be consid- ‘‘(F) a description of the quality, reli- izes the introduction into, or removal from, ered as one rule. ability, and relevance of scientific or eco- commerce, or recognizes the marketable sta- ‘‘(b)(1) If an agency has determined that a nomic evaluations or information in accord- tus, of a product; or rule is not a major rule, the Director or a ance with the cost-benefit analysis and risk ‘‘(iii) a rule exempt from notice and public designee of the President may, as appro- assessment requirements of this chapter; comment procedure under section 553 of this priate, determine that the rule is a major ‘‘(G) if not expressly or implicitly incon- title; rule no later than 30 days after the publica- sistent with the statute under which the ‘‘(5) the term ‘market-based mechanism’ tion of the notice of proposed rulemaking for agency is proposing the rule, an explanation means a regulatory program that— the rule (or, in the case of a notice of proof the extent to which the identified benefits

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9483 of the proposed rule justify the identified the major rule and that the conclusions of date of this section shall be suspended until costs of the proposed rule, and an expla- such evaluation are supported by the avail- the earlier of— nation of how the proposed rule is likely to able information; and ‘‘(1) the date on which the requirements of substantially achieve the rulemaking objec- ‘‘(2) the regulatory alternative chosen will section 622 or subchapter III are satisfied; or tives in a more cost-effective manner than reduce risk in a cost-effective and, to the ex- ‘‘(2) the date occurring 6 months after the the alternatives to the proposed rule, includ- tent feasible, flexible manner, taking into date of the applicable deadline. ing alternatives identified in accordance consideration any of the alternatives identi- ‘‘(c) In any case in which the failure to pro- with subparagraph (C); and fied under subsection (c)(2) (C) and (D). mulgate a rule by a deadline occurring dur- ‘‘(H) if a major rule subject to subchapter ‘‘(g) The preparation of the initial or final ing the 2-year period beginning on the effec- III addresses risks to human health, safety, cost-benefit analysis required by this section tive date of this section would create an obli- or the environment— shall only be performed under the direction gation to regulate through individual adju- ‘‘(i) a risk assessment in accordance with of an officer or employee of the agency. The dications, the deadline shall be suspended this chapter; and preceding sentence shall not preclude a per- until the earlier of— ‘‘(ii) for each such proposed or final rule, son outside the agency from gathering data ‘‘(1) the date on which the requirements of an assessment of incremental risk reduction or information to be used by the agency in section 622 or subchapter III are satisfied; or or other benefits associated with each sig- preparing any such cost-benefit analysis or ‘‘(2) the date occurring 6 months after the nificant regulatory alternative considered by from providing an explanation sufficient to date of the applicable deadline. the agency in connection with the rule or permit the agency to analyze such data or ‘‘§ 625. Agency review of rules information. If any such data or information proposed rule. ‘‘(a)(1)(A) No later than 9 months after the ‘‘(d)(1) When the agency publishes a final is gathered or explained by a person outside effective date of this section, each agency major rule, the agency shall also issue and the agency, the agency shall specifically shall prepare and publish in the Federal Reg- place in the rulemaking file a final cost-ben- identify in the initial or final cost-benefit ister a proposed schedule for the review, in efit analysis, and shall include a summary of analysis the data or information gathered or accordance with this section, of— the analysis in the statement of basis and explained and the person who gathered or ex- ‘‘(i) each rule of the agency that is in effect purpose. plained it, and shall describe the arrange- on such effective date and which, if adopted ‘‘(2) Each final cost-benefit analysis shall ment by which the information was procured on such effective date, would be a major rule; contain— by the agency, including the total amount of and ‘‘(A) a description and comparison of the funds expended for such procurement. ‘‘(ii) each rule of the agency in effect on benefits and costs of the rule and of the rea- ‘‘(h) The requirements of this subchapter the effective date of this section (in addition sonable alternatives to the rule described in shall not alter the criteria for rulemaking to the rules described in clause (i)) that the the rulemaking, including the market-based otherwise applicable under other statutes. agency has selected for review. mechanisms identified under subsection ‘‘§ 623. Judicial review (c)(2)(C)(iii); and ‘‘(B) Each proposed schedule required ‘‘(a) Compliance or noncompliance by an ‘‘(B) if not expressly or implicitly incon- under subparagraph (A) shall be developed in agency with the provisions of this sub- sistent with the statute under which the consultation with— chapter and subchapter III shall not be sub- agency is acting, a reasonable determina- ‘‘(i) the Administrator of the Office of In- ject to judicial review except in connection tion, based upon the rulemaking file consid- formation and Regulatory Affairs; and with review of a final agency rule and ac- ered as a whole, whether— ‘‘(ii) the classes of persons affected by the cording to the provisions of this section. ‘‘(i) the benefits of the rule justify the rules, including members from the regulated ‘‘(b) Any determination by a designee of industries, small businesses, State and local costs of the rule; and the President or the Director that a rule is, ‘‘(ii) the rule will achieve the rulemaking governments, and organizations representing or is not, a major rule shall not be subject to the interested public. objectives in a more cost-effective manner judicial review in any manner. than the alternatives described in the rule- ‘‘(C) Each proposed schedule required ‘‘(c) The determination by an agency that under subparagraph (A) shall establish prior- making, including the market-based mecha- a rule is, or is not, a major rule shall be set nisms identified under subsection ities for the review of rules that, in the joint aside by a reviewing court only upon a clear determination of the Administrator of the (c)(2)(C)(iii). and convincing showing that the determina- ‘‘(e)(1) The analysis of the benefits and Office of Information and Regulatory Affairs tion is erroneous in light of the information costs of a proposed and a final rule required and the agency, most likely can be amended available to the agency at the time the agen- under this section shall include, to the ex- or eliminated to— cy made the determination. tent feasible, a quantification or numerical ‘‘(i) provide the same or greater benefits at ‘‘(d) If the cost-benefit analysis or risk as- substantially lower costs; estimate of the quantifiable benefits and sessment required under this chapter has costs. Such quantification or numerical esti- ‘‘(ii) achieve substantially greater benefits been wholly omitted for any major rule, a mate shall be made in the most appropriate at the same or lower costs; or court shall vacate the rule and remand the units of measurement, using comparable as- ‘‘(iii) replace command-and-control regu- case for further consideration. If an analysis sumptions, including time periods, shall latory requirements with market mecha- or assessment has been performed, the court specify the ranges of predictions, and shall nisms or performance standards that achieve shall not review to determine whether the explain the margins of error involved in the substantially equivalent benefits at lower analysis or assessment conformed to the par- quantification methods and in the estimates costs or with greater flexibility. ticular requirements of this chapter. ‘‘(D) Each proposed schedule required by used. An agency shall describe the nature ‘‘(e) Any cost-benefit analysis or risk as- and extent of the nonquantifiable benefits subparagraph (A) shall include— sessment prepared under this chapter shall ‘‘(i) a brief explanation of the reasons the and costs of a final rule pursuant to this sec- not be subject to judicial consideration sepa- tion in as precise and succinct a manner as agency considers each rule on the schedule rate or apart from review of the agency ac- to be a major rule, or the reasons why the possible. An agency shall not be required to tion to which it relates. When an action for make such evaluation primarily on a mathe- agency selected the rule for review; judicial review of an agency action is insti- ‘‘(ii) a date set by the agency, in accord- matical or numerical basis. tuted, any regulatory analysis for such agen- ‘‘(2)(A) In evaluating and comparing costs ance with subsection (b), for the completion cy action shall constitute part of the whole and benefits and in evaluating the risk as- of the review of each such rule; and administrative record of agency action for sessment information developed under sub- ‘‘(iii) a statement that the agency requests the purpose of judicial review of the agency chapter III, the agency shall not rely on comments from the public on the proposed action, and shall, to the extent relevant, be cost, benefit, or risk assessment information schedule. considered by a court in determining the le- that is not accompanied by data, analysis, or ‘‘(E) The agency shall set a date to initiate gality of the agency action. other supporting materials that would en- review of each rule on the schedule in a man- able the agency and other persons interested ‘‘§ 624. Deadlines for rulemaking ner that will ensure the simultaneous review in the rulemaking to assess the accuracy, re- ‘‘(a) All deadlines in statutes that require of related items and that will achieve a rea- liability, and uncertainty factors applicable agencies to propose or promulgate any rule sonable distribution of reviews over the pe- to such information. subject to section 622 or subchapter III dur- riod of time covered by the schedule. ‘‘(B) The agency evaluations of the rela- ing the 2-year period beginning on the effec- ‘‘(2) No later than 90 days before publishing tionships of the benefits of a proposed and tive date of this section shall be suspended in the Federal Register the proposed sched- final rule to its costs shall be clearly articu- until the earlier of— ule required under paragraph (1), each agen- lated in accordance with this section. ‘‘(1) the date on which the requirements of cy shall make the proposed schedule avail- ‘‘(f) As part of the promulgation of each section 622 or subchapter III are satisfied; or able to the Director or a designee of the major rule that addresses risks to human ‘‘(2) the date occurring 6 months after the President. The President or that officer may health, safety, or the environment, the head date of the applicable deadline. select for review in accordance with this sec- of the agency or the President shall make a ‘‘(b) All deadlines imposed by any court of tion any additional rule. determination that— the United States that would require an ‘‘(3) No later than 1 year after the effective ‘‘(1) the risk assessment and the analysis agency to propose or promulgate a rule sub- date of this section, each agency shall pub- under subsection (c)(2)(H) are based on a sci- ject to section 622 or subchapter III during lish in the Federal Register a final schedule entific evaluation of the risk addressed by the 2-year period beginning on the effective for the review of the rules referred to in

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9484 CONGRESSIONAL RECORD — SENATE June 30, 1995 paragraphs (1) and (2). Each agency shall years. Such extension shall be published in hazard can cause an increased incidence of publish with the final schedule the response the Federal Register with an explanation of one or more significant adverse effects, and a of the agency to comments received con- the reasons therefor. scientific evaluation of the relationship be- cerning the proposed schedule. ‘‘(g) If the agency fails to comply with the tween the degree of exposure to a perceived ‘‘(b)(1) Except as explicitly provided other- requirements of subsection (b)(2), the agency cause of an adverse effect and the incidence wise by statute, the agency shall, pursuant shall immediately commence a rulemaking and severity of the effect; to subsections (c) through (e), review— action pursuant to section 553 of this title to ‘‘(5) the term ‘risk assessment’ means the ‘‘(A) each rule on the schedule promul- repeal the rule. systematic process of organizing and ana- gated pursuant to subsection (a); ‘‘(h) Nothing in this section shall relieve lyzing scientific knowledge and information ‘‘(B) each major rule promulgated, amend- any agency from its obligation to respond to on potential hazards, including as appro- ed, or otherwise continued by an agency a petition to issue, amend, or repeal a rule, priate for the specific risk involved, hazard after the effective date of this section; and for an interpretation regarding the meaning assessment, exposure assessment, and risk ‘‘(C) each rule promulgated after the effec- of a rule, or for a variance or exemption from characterization; tive date of this section that the President the terms of a rule, submitted pursuant to ‘‘(6) the term ‘risk characterization’ means or the officer designated by the President se- any other provision of law. the integration and organization of hazard lects for review pursuant to subsection (a)(2). and exposure assessment to estimate the po- ‘‘§ 626. Public participation and account- ‘‘(2) Except as provided pursuant to sub- tential for specific harm to an exposed indi- ability section (f), the review of a rule required by vidual population or natural resource includ- this section shall be completed no later than ‘‘In order to maximize accountability for, ing, to the extent feasible, a characterization the later of— and public participation in, the development of the distribution of risk as well as an anal- ‘‘(A) 10 years after the effective date of this and review of regulatory actions each agency ysis of uncertainties, variabilities, con- section; or shall, consistent with chapter 5 and other ap- flicting information, and inferences and as- ‘‘(B) 10 years after the date on which the plicable law, provide the public with oppor- sumptions in the assessment; rule is— tunities for meaningful participation in the ‘‘(7) the term ‘screening analysis’ means an ‘‘(i) promulgated; or development of regulatory actions, includ- analysis using simple conservative postu- ‘‘(ii) amended or continued under this sec- ing— lates to arrive at an estimate of upper and tion. ‘‘(1) seeking the involvement, where prac- lower bounds as appropriate, that permits ‘‘(c) An agency shall publish in the Federal ticable and appropriate, of those who are in- the manager to eliminate risks from further Register a notice of its proposed action tended to benefit from and those who are ex- consideration and analysis, or to help estab- under this section with respect to a rule pected to be burdened by any regulatory ac- lish priorities for agency action; and being reviewed. The notice shall include— tion; ‘‘(8) the term ‘substitution risk’ means an ‘‘(1) an identification of the specific statu- ‘‘(2) providing in any proposed or final increased risk to human health, safety, or tory authority under which the rule was pro- rulemaking notice published in the Federal the environment reasonably likely to result mulgated and an explanation of whether the Register— from a regulatory option. agency’s interpretation of the statute is ex- ‘‘(A) a certification of compliance with the ‘‘§ 632. Applicability pressly required by the current text of that requirements of this chapter, or an expla- ‘‘(a) Except as provided in subsection (c), statute or, if not, whether it is within the nation why such certification cannot be this subchapter shall apply to all risk assess- range of permissible interpretations of the made; ments and risk characterizations prepared in statute; ‘‘(B) a summary of any regulatory analysis connection with a major rule addressing ‘‘(2) an analysis of the benefits and costs of required under this chapter, or under any health, safety, and environmental risks by— the rule during the period in which it has other legal requirement, and notice of the ‘‘(1) the Secretary of Defense, for major been in effect; availability of the regulatory analysis; rules relating to the programs and respon- ‘‘(3) an explanation of the proposed agency ‘‘(C) a certification that the rule will sibilities of the United States Army Corps of action with respect to the rule, including ac- produce benefits that will justify the cost to Engineers; tion to repeal or amend the rule to resolve the Government and to the public of imple- ‘‘(2) the Secretary of the Interior, for inconsistencies or conflicts with any other mentation of, and compliance with, the rule, major rules relating to the programs and re- obligation or requirement established by any or an explanation why such certification sponsibilities of the Office of Surface Mining Federal statute, rule, or other agency state- cannot be made; and Reclamation and Enforcement; ment, interpretation, or action that has the ‘‘(D) a summary of the results of any regu- ‘‘(3) the Secretary of Agriculture, for force of law; and latory review and the agency’s response to major rules relating to the programs and re- ‘‘(4) a statement that the agency seeks pro- such review, including an explanation of any sponsibilities of— posals from the public for modifications or significant changes made to such regulatory ‘‘(A) the Animal and Plant Health Inspec- alternatives to the rule which may accom- action as a consequence of regulatory re- tion Service; plish the objectives of the rule in a more ef- view; ‘‘(B) the Grain Inspection, Packers, and fective or less burdensome manner. ‘‘(3) identifying, upon request, a regulatory Stockyards Administration; ‘‘(d) If an agency proposes to repeal or action and the date upon which such action ‘‘(C) the Food Safety and Inspection Serv- amend a rule under review pursuant to this was submitted to the designated officer to ice; section, the agency shall, after issuing the whom authority was delegated under section ‘‘(D) the Forest Service; and notice required by subsection (c), comply 644 for review; ‘‘(E) the Natural Resources Conservation with the provisions of this chapter, chapter ‘‘(4) disclosure to the public, consistent Service; 5, and any other applicable law. The require- with section 633(3), of any information cre- ‘‘(4) the Secretary of Commerce, for major ments of such provisions and related require- ated or collected in performing a regulatory rules relating to the programs and respon- ments shall apply to the same extent and in analysis required under this chapter, or sibilities of the National Marine Fisheries the same manner as in the case of a proposed under any other legal requirement; and Service; agency action to repeal or amend a rule that ‘‘(5) placing in the appropriate rulemaking ‘‘(5) the Secretary of Labor, for major rules is not taken pursuant to the review required record all written communications received relating to the programs and responsibilities by this section. from the Director, other designated officer, of— ‘‘(e) If an agency proposes to continue or other individual or entity relating to reg- ‘‘(A) the Occupational Safety and Health without amendment a rule under review pur- ulatory review. Administration; and suant to this section, the agency shall— ‘‘SUBCHAPTER III—RISK ASSESSMENTS ‘‘(B) the Mine Safety and Health Adminis- ‘‘(1) give interested persons no less than 60 tration; days after the publication of the notice re- ‘‘§ 631. Definitions ‘‘(6) the Secretary of Health and Human quired by subsection (c) to comment on the ‘‘For purposes of this subchapter, the defi- Services, for major rules relating to the pro- proposed continuation; and nitions under sections 551 and 621 shall grams and responsibilities assigned to the ‘‘(2) publish in the Federal Register notice apply, and— Food and Drug Administration; of the continuation of such rule. ‘‘(1) the term ‘covered agency’ means each ‘‘(7) the Secretary of Transportation, for ‘‘(f) Any agency, which for good cause finds agency required to comply with this sub- major rules relating to the programs and re- that compliance with this section with re- chapter, as provided in section 632; sponsibilities assigned to— spect to a particular rule during the period ‘‘(2) the term ‘emergency’ means an immi- ‘‘(A) the Federal Aviation Administration; provided in subsection (b) of this section is nent or substantial endangerment to public and contrary to an important public interest health, safety, or the environment if no ac- ‘‘(B) the National Highway Traffic Safety may request the President, or the officer des- tion is taken; Administration; ignated by the President pursuant to sub- ‘‘(3) the term ‘exposure assessment’ means ‘‘(8) the Secretary of Energy, for major section (a)(2), to establish a period longer the scientific determination of the intensity, rules relating to nuclear safety, occupational than 10 years for the completion of the re- frequency, and duration of exposures to the safety and health, and environmental res- view of such rule. The President or that offi- hazard in question; toration and waste management; cer may extend the period for review of a ‘‘(4) the term ‘hazard assessment’ means ‘‘(9) the Chairman of the Consumer Prod- rule to a total period of no more than 15 the scientific determination of whether a uct Safety Commission;

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9485 ‘‘(10) the Administrator of the Environ- analysis thereof would significantly change flects variabilities and uncertainties in the mental Protection Agency; and the estimate of risk. analysis; ‘‘(11) the Chairman of the Nuclear Regu- ‘‘(b)(1) The head of each agency shall base ‘‘(2) provide the range and distribution of latory Commission. each risk assessment on the best reasonably risks and the corresponding exposure sce- ‘‘(b)(1) No later than 18 months after the available scientific information, including narios, identifying the reasonably expected effective date of this section, the President, scientific information that finds or fails to risk to the general population and, where ap- acting through the Director of the Office of find a correlation between a potential hazard propriate, to more highly exposed or sen- Management and Budget, shall determine and an adverse effect, and data regarding ex- sitive subpopulations; and whether other Federal agencies should be posure and other relevant physical condi- ‘‘(3) where quantitative estimates of the considered covered agencies for the purposes tions that are reasonably expected to be en- range and distribution of risk estimates are of this subchapter. Such determination, with countered. not available, describe the qualitative fac- respect to a particular Federal agency, shall ‘‘(2) The head of an agency shall select tors influencing the range of possible risks. be based on the impact of risk assessment data for use in the assessment based on an ‘‘(g) The head of an agency shall place the documents and risk characterization docu- appropriate consideration of the quality and nature and magnitude of risks to human ments on— relevance of the data, and shall describe the health, safety, and the environment being ‘‘(A) regulatory programs administered by basis for selecting the data. analyzed in context, including appropriate that agency; and ‘‘(3) In making its selection of data, the comparisons with other risks that are famil- ‘‘(B) the communication of risk informa- head of an agency shall consider whether the iar to, and routinely encountered by, the tion by that agency to the public. data were developed in accordance with good general public. ‘‘(2) If the President makes a determina- scientific practice or other appropriate pro- ‘‘(h) In any notice of proposed or final reg- tion under paragraph (1), this subchapter tocols to ensure data quality. ulatory action subject to this subchapter, shall apply to any agency determined to be a ‘‘(4) Subject to paragraph (3), relevant sci- the head of an agency shall describe signifi- covered agency beginning on a date set by entific data submitted by interested parties cant substitution risks to human health or safety identified by the agency or contained the President. Such date may be no later shall be reviewed and considered in the anal- in information provided to the agency by a than 6 months after the date of such deter- ysis by the head of an agency under para- commentator. mination. graph (2). ‘‘(c)(1) This subchapter shall not apply to ‘‘(5) When conflicts among scientific data ‘‘§ 635. Peer review risk assessments or risk characterizations appear to exist, the risk assessment shall in- ‘‘(a) The head of each covered agency shall performed with respect to— clude a discussion of all relevant informa- develop a systematic program for inde- ‘‘(A) an emergency determined by the head tion, including the likelihood of alternative pendent and external peer review required of an agency; interpretations of data. under subsection (b). Such program shall be ‘‘(B) a health, safety, or environmental in- ‘‘(c)(1) To the maximum extent prac- applicable throughout each covered agency spection, compliance or enforcement action, ticable, the head of each agency shall use and— or individual facility permitting action; or postulates, including default assumptions, ‘‘(1) shall provide for the creation of peer ‘‘(C) a screening analysis. inferences, models, or safety factors, when review panels that— ‘‘(2) This subchapter shall not apply to any relevant scientific data and understanding, ‘‘(A) consist of members with expertise rel- food, drug, or other product label, or to any including site-specific data, are lacking. evant to the sciences involved in regulatory risk characterization appearing on any such ‘‘(2) When a risk assessment involves decisions and who are independent of the label. choice of a postulate, the head of the agency covered agency; and ‘‘(B) are broadly representative and bal- ‘‘§ 633. Savings provisions shall— ‘‘(A) identify the postulate and its sci- anced and, to the extent relevant and appro- ‘‘Nothing in this subchapter shall be con- entific or policy basis, including the extent priate, may include persons affiliated with strued to— to which the postulate has been validated by, Federal, State, local, or tribal governments, ‘‘(1) modify any statutory standard or re- or conflicts with, empirical data; small businesses, other representatives of in- quirement designed to protect human health, ‘‘(B) explain the basis for any choices dustry, universities, agriculture, labor con- safety, or the environment; or among postulates; and sumers, conservation organizations, or other ‘‘(2) require the disclosure of any trade se- ‘‘(C) describe reasonable alternative postu- public interest groups and organizations; cret or other confidential information. lates that were not selected by the agency ‘‘(2) shall not exclude any person with sub- ‘‘§ 634. Principles for risk assessments for use in the risk assessment, and the sensi- stantial and relevant expertise as a panel ‘‘(a)(1) The head of each agency shall de- tivity for the conclusions of the risk assess- member on the basis that such person rep- sign and conduct risk assessments in a man- ment to the alternatives, and the rationale resents an entity that may have a potential ner that promotes rational and informed risk for not using such alternatives. interest in the outcome, if such interest is management decisions and informed public ‘‘(3) An agency shall not inappropriately fully disclosed to the agency, and in the case input into the process of making agency de- combine or compound multiple postulates. of a regulatory decision affecting a single en- cisions. ‘‘(4) The head of each agency shall develop tity, no peer reviewer representing such enti- ‘‘(2) The head of each agency shall estab- a procedure and publish guidelines for choos- ty may be included on the panel; lish and maintain a distinction between risk ing default postulates and for deciding when ‘‘(3) shall provide for a timely completed assessment and risk management. and how in a specific risk assessments to peer review, meeting agency deadlines, that ‘‘(3) An agency may take into account pri- adopt alternative postulates or to use avail- contains a balanced presentation of all con- orities for managing risks, including the able scientific information in place of a de- siderations, including minority reports and types of information that would be impor- fault postulate. an agency response to all significant peer re- tant in evaluating a full range of alter- ‘‘(d) The head of each agency shall provide view comments; and natives, in developing priorities for risk as- appropriate opportunities for public partici- ‘‘(4) shall provide adequate protections for sessment activities. pation and comment on risk assessments. confidential business information and trade ‘‘(4) An agency shall not be required to re- ‘‘(e) In each risk assessment, the head of secrets, including requiring panel members peat discussions or explanations in each risk each agency shall include in the risk charac- to enter into confidentiality agreements. assessment required under this subchapter if terization, as appropriate, each of the fol- ‘‘(b)(1)(A) Except as provided under sub- there is an unambiguous reference to a rel- lowing: paragraph (B), each covered agency shall evant discussion or explanation in another ‘‘(1) A description of the hazard of concern. provide for peer review in accordance with this section of any risk assessment or cost- reasonably available agency document that ‘‘(2) A description of the populations or benefit analysis that forms the basis of any meets the requirements of this section. natural resources that are the subject of the major rule that addresses risks to the envi- ‘‘(5)(A) In conducting a risk assessment, risk assessment. ‘‘(3) An explanation of the exposure sce- ronment, health, or safety. the head of each agency shall employ the ‘‘(B) Subparagraph (A) shall not apply to a narios used in the risk assessment, including level of detail and rigor appropriate and rule or other action taken by an agency to practicable for reasoned decisionmaking in an estimate of the corresponding population authorize or approve any individual sub- the matter involved, proportionate to the at risk and the likelihood of such exposure stance or product. significance and complexity of the potential scenarios. ‘‘(2) The Director of the Office of Manage- agency action and the need for expedition. ‘‘(4) A description of the nature and sever- ment and Budget may order that peer review ‘‘(B)(i) Each agency shall develop and use ity of the harm that could plausibly occur. be provided for any risk assessment or cost- an iterative process for risk assessment, ‘‘(5) A description of the major uncertain- benefit analysis that is likely to have a sig- starting with relatively inexpensive screen- ties in each component of the risk assess- nificant impact on public policy decisions or ing analyses and progressing to more rig- ment and their influence on the results of would establish an important precedent. orous analyses, as circumstances or results the assessment. ‘‘(c) Each peer review under this section warrant. ‘‘(f) To the extent feasible and scientif- shall include a report to the Federal agency ‘‘(ii) In determining whether or not to pro- ically appropriate, the head of an agency concerned with respect to the scientific and ceed to a more detailed analysis, the head of shall— technical merit of data and methods used for the agency shall take into consideration ‘‘(1) express the overall estimate of risk as the risk assessments or cost-benefit anal- whether or not use of additional data or the a range or probability distribution that re- yses.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9486 CONGRESSIONAL RECORD — SENATE June 30, 1995 ‘‘(d) The head of the covered agency shall resources needed to provide necessary train- ‘‘§ 642. Procedures provide a written response to all significant ing. ‘‘The Director or other designated officer peer review comments. ‘‘(b) The head of each covered agency shall to whom authority is delegated under sec- ‘‘(e) All peer review comments or conclu- develop a strategy and schedule for carrying tion 644 shall— sions and the agency’s responses shall be out research and training to meet the needs ‘‘(1) establish procedures for agency com- made available to the public and shall be identified in subsection (a). pliance with this chapter; and made part of the administrative record for ‘‘§ 638. Interagency coordination ‘‘(2) monitor, review, and ensure agency purposes of judicial review of any final agen- implementation of such procedures. cy action. ‘‘(a) To promote the conduct, application, ‘‘(f) No peer review shall be required under and practice of risk assessment in a con- ‘‘§ 643. Promulgation and adoption this section for any data, method, document, sistent manner and to identify risk assess- ‘‘(a) Procedures established pursuant to or assessment, or any component thereof, ment data and research needs common to section 642 shall only be implemented after which has been previously subjected to peer more than 1 Federal agency, the Director of opportunity for public comment. Any such review. the Office of Management and Budget, in procedures shall be consistent with the consultation with the Office of Science and prompt completion of rulemaking pro- ‘‘§ 636. Guidelines, plan for assessing new in- Technology Policy, shall— ceedings. formation, and report ‘‘(1) periodically survey the manner in ‘‘(b)(1) If procedures established pursuant ‘‘(a)(1)(A) As soon as practicable and sci- which each Federal agency involved in risk to section 642 include review of any initial or entifically feasible, each covered agency assessment is conducting such risk assess- final analyses of a rule required under this shall adopt, after notification and oppor- ment to determine the scope and adequacy of chapter, the time for any such review of any tunity for public comment, guidelines to im- risk assessment practices in use by the Fed- initial analysis shall not exceed 60 days fol- plement the risk assessment principles under eral Government; lowing the receipt of the analysis by the Di- section 634, as well as the cost-benefit anal- ‘‘(2) provide advice and recommendations rector, a designee of the President, or by an ysis requirements under section 622, and to the President and Congress based on the officer to whom the authority granted under shall provide a format for summarizing risk surveys conducted and determinations made section 642 has been delegated pursuant to assessment results. under paragraph (1); section 644. ‘‘(B) No later than 12 months after the ef- ‘‘(3) establish appropriate interagency ‘‘(2) The time for review of any final anal- fective date of this section, the head of each mechanisms to promote— ysis required under this chapter shall not ex- covered agency shall issue a report on the ‘‘(A) coordination among Federal agencies ceed 60 days following the receipt of the status of such guidelines to the Congress. conducting risk assessment with respect to analysis by the Director, a designee of the ‘‘(2) The guidelines under paragraph (1) the conduct, application, and practice of risk President, or such officer. shall— assessment; and ‘‘(3)(A) The times for each such review may ‘‘(A) include guidance on use of specific ‘‘(B) the use of state-of-the-art risk assess- be extended for good cause by the President technical methodologies and standards for ment practices throughout the Federal Gov- or such officer for an additional 30 days. acceptable quality of specific kinds of data; ernment; ‘‘(B) Notice of any such extension, together ‘‘(B) address important decisional factors ‘‘(4) establish appropriate mechanisms be- with a succinct statement of the reasons for the risk assessment, risk characteriza- tween Federal and State agencies to commu- therefor, shall be inserted in the rulemaking tion, and cost-benefit analysis at issue; and nicate state-of-the-art risk assessment prac- file. ‘‘(C) provide procedures for the refinement tices; and and replacement of policy-based default as- ‘‘§ 644. Delegation of authority ‘‘(5) periodically convene meetings with sumptions. ‘‘(a) The President shall delegate the au- ‘‘(b) The guidelines, plan and report under State government representatives and Fed- thority granted by this subchapter to the Di- this section shall be developed after notice eral and other leaders to assess the effective- rector or to another officer within the Exec- and opportunity for public comment, and ness of Federal and State cooperation in the utive Office of the President whose appoint- after consultation with representatives of development and application of risk assessment has been subject to the advice and con- appropriate State agencies and local government. sent of the Senate. ments, and such other departments and ‘‘(b) The President shall appoint National ‘‘(b) Notice of any delegation, or any rev- agencies, organizations, or persons as may be Peer Review Panels to review every 3 years ocation or modification thereof shall be pub- advisable. the risk assessment practices of each covered lished in the Federal Register. ‘‘(c) The President shall review the guide- agency for programs designed to protect ‘‘§ 645. Public disclosure of information lines published under this section at least human health, safety, or the environment. The Panels shall submit a report to the ‘‘The Director or other designated officer every 4 years. to whom authority is delegated under sec- ‘‘(d) The development, issuance, and publi- President and the Congress at least every 3 years containing the results of such review. tion 644, in carrying out the provisions of cation of risk assessment and risk character- section 642, shall establish procedures (cov- ization guidelines under this section shall ‘‘§ 639. Plan for review of risk assessments ering all employees of the Director or other not be subject to judicial review. ‘‘(a) No later than 18 months after the ef- designated officer) to provide public and ‘‘§ 637. Research and training in risk assess- fective date of this section, the head of each agency access to information concerning ment covered agency shall publish a plan to review regulatory review actions, including— ‘‘(a) The head of each covered agency shall and revise any risk assessment published be- ‘‘(1) disclosure to the public on an ongoing regularly and systematically evaluate risk fore the expiration of such 18-month period if basis of information regarding the status of assessment research and training needs of the covered agency determines that signifi- regulatory actions undergoing review; the agency, including, where relevant and cant new information or methodologies are ‘‘(2) disclosure to the public, no later than appropriate, the following: available that could significantly alter the publication of, or other substantive notice to ‘‘(1) Research to reduce generic data gaps, results of the prior risk assessment. the public concerning a regulatory action, to address modelling needs (including im- ‘‘(b) A plan under subsection (a) shall— of— proved model sensitivity), and to validate ‘‘(1) provide procedures for receiving and ‘‘(A) all written communications, regard- default options, particularly those common considering new information and risk assess- less of form or format, including drafts of all to multiple risk assessments. ments from the public; and proposals and associated analyses, between ‘‘(2) Research leading to improvement of ‘‘(2) set priorities and criteria for review the Director or other designated officer and methods to quantify and communicate un- and revision of risk assessments based on the regulatory agency; certainty and variability among individuals, such factors as the agency head considers ap- ‘‘(B) all written communications, regard- species, populations, and, in the case of eco- propriate. less of form or format, between the Director logical risk assessment, ecological commu- ‘‘§ 640. Judicial review or other designated officer and any person nities. not employed by the executive branch of the ‘‘(3) Emerging and future areas of research, ‘‘The provisions of section 623 relating to Federal Government relating to the sub- including research on comparative risk anal- judicial review shall apply to this substance of a regulatory action; ysis, exposure to multiple chemicals and chapter. ‘‘(C) a record of all oral communications other stressors, noncancer endpoints, bio- ‘‘§ 640a. Deadlines for rulemaking relating to the substance of a regulatory ac- logical markers of exposure and effect, ‘‘The provisions of section 624 relating to tion between the Director or other des- mechanisms of action in both mammalian deadlines for rulemaking shall apply to this ignated officer and any person not employed and nonmammalian species, dynamics and subchapter. by the executive branch of the Federal Gov- probabilities of physiological and ecosystem ernment; and ‘‘SUBCHAPTER IV—EXECUTIVE exposures, and prediction of ecosystem-level ‘‘(D) a written explanation of any review OVERSIGHT responses. action and the date of such action; and ‘‘(4) Long-term needs to adequately train ‘‘§ 641. Definition ‘‘(3) disclosure to the regulatory agency, individuals in risk assessment and risk as- ‘‘For purposes of this subchapter, the defi- on a timely basis, of— sessment application. Evaluations under this nitions under sections 551 and 621 shall ‘‘(A) all written communications between paragraph shall include an estimate of the apply. the Director or other designated officer and

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9487 any person who is not employed by the exec- the court may order the agency to take cor- ‘‘635. Peer review. utive branch of the Federal Government; rective action consistent with section 604 if ‘‘636. Guidelines, plan for assessing new in- ‘‘(B) a record of all oral communications, the court determines, on the basis of the formation, and report. and an invitation to participate in meetings, rulemaking record, that the final regulatory ‘‘637. Research and training in risk assess- relating to the substance of a regulatory ac- flexibility analysis was prepared by the ment. tion between the Director or other des- agency without complying with section 604. ‘‘638. Interagency coordination. ignated officer and any person not employed ‘‘(6) If, by the end of the 90-day period be- ‘‘639. Plan for review of risk assessments. by the executive branch of the Federal Gov- ginning on the date of the order of the court ‘‘640. Judicial review. ‘‘640a. Deadlines for rulemaking. ernment; and pursuant to paragraph (5) (or such longer pe- ‘‘(C) a written explanation of any review riod as the court may provide), the agency ‘‘SUBCHAPTER IV—EXECUTIVE action taken concerning an agency regu- fails, as appropriate— OVERSIGHT latory action. ‘‘(A) to prepare the analysis required by ‘‘641. Definition. ‘‘642. Procedures. ‘‘§ 646. Judicial review section 604; or ‘‘(B) to take corrective action consistent ‘‘643. Promulgation and adoption. ‘‘The exercise of the authority granted ‘‘644. Delegation of authority. with section 604 of this title, under this subchapter by the Director, the ‘‘645. Public disclosure of information. President, or by an officer to whom such au- the court may stay the rule or grant such ‘‘646. Judicial review.’’. thority has been delegated under section 644 other relief as it deems appropriate. (2) Chapter 6 of title 5, United States Code, ‘‘(7) In making any determination or shall not be subject to judicial review in any is amended by inserting immediately before granting any relief authorized by this sub- manner.’’. section 601, the following subchapter head- section, the court shall take due account of (b) REGULATORY FLEXIBILITY ANALYSIS.— ing: (1) IN GENERAL.—Section 611 of title 5, the rule of prejudicial error. ‘‘(b) In an action for the judicial review of ‘‘SUBCHAPTER I—REGULATORY United States Code, is amended to read as ANALYSIS’’. follows: a rule, any regulatory flexibility analysis for such rule (including an analysis prepared or SEC. 4. CONGRESSIONAL REVIEW. ‘‘§ 611. Judicial review corrected pursuant to subsection (a)(5)) shall (a) IN GENERAL.—Part I of title 5, United ‘‘(a)(1) Except as provided in paragraph (2), constitute part of the whole record of agency States Code, is amended by inserting after no later than 1 year after the effective date action in connection with such review. chapter 7 the following new chapter: of a final rule with respect to which an agen- ‘‘(c) Nothing in this section bars judicial ‘‘CHAPTER 8—CONGRESSIONAL REVIEW cy— review of any other impact statement or OF AGENCY RULEMAKING ‘‘(A) certified, pursuant to section 605(b), similar analysis required by any other law if ‘‘§ 801. Congressional review of agency rule- that such rule would not have a significant judicial review of such statement or analysis making economic impact on a substantial number of is otherwise provided by law.’’. small entities; or ‘‘(a) For purposes of this chapter, the (2) EFFECTIVE DATE.—The amendment term— ‘‘(B) prepared a final regulatory flexibility made by paragraph (1) shall take effect on analysis pursuant to section 604, ‘‘(1) ‘major rule’ means a major rule as de- the effective date of this Act, except that the fined under section 621(4) of this title and as an affected small entity may petition for the judicial review authorized by section 611(a) determined under section 622 of this title; judicial review of such certification or anal- of title 5, United States Code (as added by and ysis in accordance with this subsection. A subsection (a)), shall apply only to final ‘‘(2) ‘rule’ (except in reference to a rule of court having jurisdiction to review such rule agency rules issued after such effective date. the Senate or House of Representatives) is a for compliance with section 553 of this title (c) PRESIDENTIAL AUTHORITY.—Nothing in reference to a major rule. or under any other provision of law shall this Act shall limit the exercise by the Presi- ‘‘(b)(1) Upon the promulgation of a final have jurisdiction to review such certification dent of the authority and responsibility that major rule, the agency promulgating such or analysis. the President otherwise possesses under the rule shall submit to the Congress a copy of ‘‘(2)(A) Except as provided in subparagraph Constitution and other laws of the United the rule, the statement of basis and purpose (B), in the case of a provision of law that re- States with respect to regulatory policies, for the rule, and the proposed effective date quires that an action challenging a final procedures, and programs of departments, of the rule. agency regulation be commenced before the agencies, and offices. ‘‘(2) A rule submitted under paragraph (1) expiration of the 1-year period provided in (d) TECHNICAL AND CONFORMING AMEND- shall not take effect as a final rule before the paragraph (1), such lesser period shall apply MENTS.— latest of the following: to a petition for the judicial review under (1) Part I of title 5, United States Code, is ‘‘(A) The later of the date occurring 45 this subsection. amended by striking out the chapter heading days after the date on which— ‘‘(B) In a case in which an agency delays and table of sections for chapter 6 and insert- ‘‘(i) the Congress receives the rule sub- the issuance of a final regulatory flexibility ing in lieu thereof the following: mitted under paragraph (1); or analysis pursuant to section 608(b), a peti- ‘‘CHAPTER 6—THE ANALYSIS OF ‘‘(ii) the rule is published in the Federal tion for judicial review under this subsection REGULATORY FUNCTIONS Register. shall be filed no later than— ‘‘SUBCHAPTER I—REGULATORY ‘‘(B) If the Congress passes a joint resolu- ‘‘(i) 1 year; or ANALYSIS tion of disapproval described under sub- ‘‘(ii) in a case in which a provision of law section (i) relating to the rule, and the Presi- requires that an action challenging a final ‘‘Sec. ‘‘601. Definitions. dent signs a veto of such resolution, the ear- agency regulation be commenced before the lier date— expiration of the 1-year period provided in ‘‘602. Regulatory agenda. ‘‘603. Initial regulatory flexibility analysis. ‘‘(i) on which either House of Congress paragraph (1), the number of days specified votes and fails to override the veto of the in such provision of law, ‘‘604. Final regulatory flexibility analysis. ‘‘605. Avoidance of duplicative or unneces- President; or after the date the analysis is made available sary analyses. ‘‘(ii) occurring 30 session days after the to the public. ‘‘606. Effect on other law. date on which the Congress received the veto ‘‘(3) For purposes of this subsection, the ‘‘607. Preparation of analysis. and objections of the President. term ‘affected small entity’ means a small ‘‘608. Procedure for waiver or delay of com- ‘‘(C) The date the rule would have other- entity that is or will be adversely affected by pletion. wise taken effect, if not for this section (un- the final rule. ‘‘609. Procedures for gathering comments. less a joint resolution of disapproval under ‘‘(4) Nothing in this subsection shall be ‘‘610. Periodic review of rules. subsection (i) is approved). construed to affect the authority of any ‘‘611. Judicial review. ‘‘(c) A major rule shall not take effect as a court to stay the effective date of any rule or ‘‘612. Reports and intervention rights. final rule if the Congress passes a joint reso- provision thereof under any other provision ‘‘SUBCHAPTER II—ANALYSIS OF AGENCY lution of disapproval described under sub- of law. RULES section (i), which is signed by the President ‘‘(5)(A) In a case in which an agency cer- or is vetoed and overridden by the Congress. tifies that such rule would not have a signifi- ‘‘621. Definitions. ‘‘(d)(1) Notwithstanding any other provi- cant economic impact on a substantial num- ‘‘622. Rulemaking cost-benefit analysis. sion of this section (except subject to para- ber of small entities, the court may order ‘‘623. Judicial review. graph (2)), a major rule that would not take the agency to prepare a final regulatory ‘‘624. Deadlines for rulemaking. effect by reason of this section may take ef- ‘‘625. Agency review of rules. flexibility analysis pursuant to section 604 if fect if the President makes a determination ‘‘626. Public participation and account- the court determines, on the basis of the and submits written notice of such deter- ability. rulemaking record, that the certification mination to the Congress that the major rule was arbitrary, capricious, an abuse of discre- ‘‘SUBCHAPTER III—RISK ASSESSMENTS should take effect because such major rule tion, or otherwise not in accordance with ‘‘631. Definitions. is— law. ‘‘632. Applicability. ‘‘(A) necessary because of an imminent ‘‘(B) In a case in which the agency pre- ‘‘633. Savings provisions. threat to health or safety, or other emer- pared a final regulatory flexibility analysis, ‘‘634. Principles for risk assessment. gency;

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9488 CONGRESSIONAL RECORD — SENATE June 30, 1995 ‘‘(B) necessary for the enforcement of motion shall be privileged in the Senate and quirements of subchapter III of chapter 6 of criminal laws; or shall not be debatable. The motion shall not title 5, United States Code (as added by sec- ‘‘(C) necessary for national security. be subject to amendment, or to a motion to tion 3 of this Act); and ‘‘(2) An exercise by the President of the au- postpone, or to a motion to proceed to the (2) submit an annual report to the Con- thority under this subsection shall have no consideration of other business. A motion to gress on the findings of the study. effect on the procedures under subsection (i) reconsider the vote by which the motion is (b) ADMINISTRATIVE PROCEDURE ACT.—No or the effect of a joint resolution of disagreed to or disagreed to shall not be in later than December 31, 1996, the Adminis- approval under this section. order. If a motion to proceed to the consider- trative Conference of the United States ‘‘(e)(1) Subsection (i) shall apply to any ation of the resolution is agreed to, the reso- shall— major rule that is promulgated as a final lution shall remain the unfinished business (1) carry out a study of the operation of rule during the period beginning on the date of the Senate until disposed of. chapters 5 and 6 of title 5, United States occurring 60 days before the date the Con- ‘‘(B) In the Senate, debate on the resolu- Code (commonly referred to as the Adminis- gress adjourns sine die through the date on tion, and on all debatable motions and ap- trative Procedure Act), as amended by sec- which the succeeding Congress first con- peals in connection therewith, shall be lim- tion 3 of this Act; and venes. ited to not more than 10 hours, which shall (2) submit a report to the Congress on the ‘‘(2) For purposes of subsection (i), a major be divided equally between those favoring findings of the study, including proposals for rule described under paragraph (1) shall be and those opposing the resolution. A motion revision, if any. treated as though such rule were published further to limit debate shall be in order and SEC. 6. RISK-BASED PRIORITIES. in the Federal Register (as a rule that shall shall not be debatable. An amendment to, or (a) PURPOSES.—The purposes of this section take effect as a final rule) on the date the a motion to postpone, or a motion to proceed are to— succeeding Congress first convenes. to the consideration of other business, or a (1) encourage Federal agencies engaged in ‘‘(3) During the period between the date motion to recommit the resolution shall not regulating risks to human health, safety, the Congress adjourns sine die through the be in order. A motion to reconsider the vote and the environment to achieve the greatest date on which the succeeding Congress first by which the resolution is agreed to or dis- risk reduction at the least cost practical; convenes, a rule described under paragraph agreed to shall not be in order. (2) promote the coordination of policies (1) shall take effect as a final rule as other- ‘‘(C) In the Senate, immediately following and programs to reduce risks to human wise provided by law. the conclusion of the debate on a resolution ‘‘(f) Any rule that takes effect and later is health, safety, and the environment; and described in paragraph (1), and a single (3) promote open communication among made of no force or effect by the enactment quorum call at the conclusion of the debate of a joint resolution under subsection (i) Federal agencies, the public, the President, if requested in accordance with the Senate and Congress regarding environmental, shall be treated as though such rule had rules, the vote on final passage of the resolu- never taken effect. health, and safety risks, and the prevention tion shall occur. and management of those risks. ‘‘(g) If the Congress does not enact a joint ‘‘(D) Appeals from the decisions of the resolution of disapproval under subsection (b) DEFINITIONS.—For the purposes of this Chair relating to the application of the rules section: (i), no court or agency may infer any intent of the Senate to the procedure relating to a of the Congress from any action or inaction (1) COMPARATIVE RISK ANALYSIS.—The term resolution described in paragraph (1) shall be ‘‘comparative risk analysis’’ means a process of the Congress with regard to such major decided without debate. rule, related statute, or joint resolution of to systematically estimate, compare, and ‘‘(5) If, before the passage in the Senate of rank the size and severity of risks to provide disapproval. a resolution described in paragraph (1), the ‘‘(h) If the agency fails to comply with the a common basis for evaluating strategies for Senate receives from the House of Represent- reducing or preventing those risks. requirements of subsection (b) for any rule, atives a resolution described in paragraph the rule shall cease to be enforceable against (2) COVERED AGENCY.—The term ‘‘covered (1), then the following procedures shall agency’’ means each of the following: any person. apply: ‘‘(i)(1) For purposes of this subsection, the (A) The Environmental Protection Agency. ‘‘(A) The resolution of the House of Rep- (B) The Department of Labor. term ‘joint resolution’ means only a joint resentatives shall not be referred to a com- resolution introduced after the date on (C) The Department of Transportation. mittee. (D) The Food and Drug Administration. which the rule referred to in subsection (b) is ‘‘(B) With respect to a resolution described received by Congress the matter after the re- (E) The Department of Energy. in paragraph (1) of the Senate— (F) The Department of the Interior. solving clause of which is as follows: ‘That ‘‘(i) the procedure in the Senate shall be Congress disapproves the rule submitted by (G) The Department of Agriculture. the same as if no resolution had been re- (H) The Consumer Product Safety Commis- the llllll relating to lllllll, and ceived from the other House; but such rule shall have no force or effect.’ (The sion. ‘‘(ii) the vote on final passage shall be on (I) The National Oceanic and Atmospheric blank spaces being appropriately filled in.) the resolution of the other House. ‘‘(2)(A) In the Senate, a resolution de- Administration. ‘‘(6) This subsection is enacted by Con- scribed in paragraph (1) shall be referred to (J) The United States Army Corps of Engi- gress— the committees with jurisdiction. Such a neers. ‘‘(A) as an exercise of the rulemaking resolution shall not be reported before the (K) The Nuclear Regulatory Commission. power of the Senate and House of Represent- eighth day after its submission or publica- (3) EFFECT.—The term ‘‘effect’’ means a atives, respectively, and as such it is deemed tion date. deleterious change in the condition of— to be a part of the rules of each House, re- ‘‘(B) For purposes of this subsection, the (A) a human or other living thing (includ- spectively, but applicable only with respect term ‘submission or publication date’ means ing death, cancer, or other chronic illness, to the procedure to be followed in that House the later of the date on which— decreased reproductive capacity, or dis- in the case of a resolution described in para- ‘‘(i) the Congress receives the rule sub- figurement); or graph (1), and it supersedes other rules only mitted under subsection (b)(1); or (B) an inanimate thing important to to the extent that it is inconsistent with ‘‘(ii) the rule is published in the Federal human welfare (including destruction, de- such rules; and Register. generation, the loss of intended function, ‘‘(3) In the Senate, if the committee to ‘‘(B) with full recognition of the constitu- and increased costs for maintenance). tional right of either House to change the which a resolution described in paragraph (1) (4) IRREVERSIBILITY.—The term is referred has not reported such resolution rules (so far as relating to the procedure of ‘‘irreversibility’’ means the extent to which (or an identical resolution) at the end of 20 that House) at any time, in the same man- a return to conditions before the occurrence calendar days after its submission or publi- ner, and to the same extent as in the case of of an effect are either very slow or will never cation date, such committee may be dis- any other rule of that House. occur. ‘‘(j) No requirements under this chapter charged on a petition approved by 30 Sen- (5) LIKELIHOOD.—The term ‘‘likelihood’’ shall be subject to judicial review in any ators from further consideration of such res- means the estimated probability that an ef- manner.’’. olution and such resolution shall be placed fect will occur. (b) TECHNICAL AND CONFORMING AMEND- on the Senate calendar. (6) MAGNITUDE.—The term ‘‘magnitude’’ ‘‘(4)(A) In the Senate, when the committee MENT.—The table of chapters for part I of means the number of individuals or the to which a resolution is referred has re- title 5, United States Code, is amended by in- quantity of ecological resources or other reported, or when a committee is discharged serting after the item relating to chapter 7 sources that contribute to human welfare (under paragraph (3)) from further consider- the following: that are affected by exposure to a stressor. ation of, a resolution described in paragraph ‘‘8. Congressional Review of Agency (7) SERIOUSNESS.—The term ‘‘seriousness’’ (1), it shall at any time thereafter be in order Rulemaking ...... means the intensity of effect, the likelihood, (even though a previous motion to the same 801’’. the irreversibility, and the magnitude. effect has been disagreed to) for any Senator SEC. 5. STUDIES AND REPORTS. (c) DEPARTMENT AND AGENCY PROGRAM to move to proceed to the consideration of (a) RISK ASSESSMENTS.—The Administra- GOALS.— the resolution, and all points of order tive Conference of the United States shall— (1) SETTING PRIORITIES.—In exercising au- against the resolution (and against consider- (1) develop and carry out an ongoing study thority under applicable laws protecting ation of the resolution) shall be waived. The of the operation of the risk assessment re- human health, safety, or the environment,

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9489

the head of each covered agency should set (C) the analysis is conducted, to the extent (2) JUDICIAL REVIEW.—Compliance or non- priorities and use the resources available feasible, consistent with the risk assessment compliance by an agency with the provisions under those laws to address those risks to and risk characterization principles in sec- of this section shall not be subject to judicial human health, safety, and the environment tions 635 and 636 of this title; review. that— (D) the methodologies and principal sci- (3) AGENCY ANALYSIS.—Any analysis pre- (A) the covered agency determines to be entific determinations made in the analysis pared under this section shall not be subject the most serious; and are subjected to independent and external to judicial consideration separate or apart (B) can be addressed in a cost-effective peer review consistent with section 635, and from the requirement, rule, program, or law manner, with the goal of achieving the the conclusions of the peer review are made to which it relates. When an action for judi- greatest overall net reduction in risks with publicly available as part of the final report cial review of a covered agency action is in- the public and private sector resources ex- required under subsection (e); stituted, any analysis for, or relating to, the pended. (E) there is an opportunity for public com- action shall constitute part of the whole (2) DETERMINING THE MOST SERIOUS RISKS.— ment on the results before making them record of agency action for the purpose of ju- In identifying the greatest risks under para- final; and dicial review of the action and shall, to the graph (1) of this subsection, each covered (F) the results are presented in a manner extent relevant, be considered by a court in agency shall consider, at a minimum— that distinguishes between the scientific determining the legality of the covered agen- (A) the likelihood, irreversibility, and se- conclusions and any policy or value judg- cy action. verity of the effect; and ments embodied in the comparisons. SEC. 7. REGULATORY ACCOUNTING. (B) the number and classes of individuals (3) COMPLETION AND REVIEW.—No later than (a) DEFINITIONS.—For purposes of this sec- potentially affected, and shall explicitly 3 years after the effective date of this Act, tion, the following definitions apply: take into account the results of the com- the comparative risk analysis required under (1) AGENCY.—The term ‘‘agency’’ means parative risk analysis conducted under subparagraph (1) shall be completed. The com- any executive department, military depart- section (d) of this section. parative risk analysis shall be reviewed and ment, Government corporation, Government (3) OMB REVIEW.—The covered agency’s de- revised at least every 5 years thereafter for controlled corporation, or other establish- terminations of the most serious risks for a minimum of 15 years following the release ment in the executive branch of the Govern- purposes of setting priorities shall be re- of the first analysis. The Director shall ar- ment (including the Executive Office of the viewed and approved by the Director of the range for such review and revision with an President), or any independent regulatory Office of Management and Budget before sub- accredited scientific body in the same man- agency, but shall not include— mission of the covered agency’s annual budg- ner as provided under paragraphs (1) and (2). (A) the General Accounting Office; et requests to Congress. (4) STUDY.—The study of methodologies (B) the Federal Election Commission; (4) INCORPORATING RISK-BASED PRIORITIES provided under paragraph (1) shall be con- (C) the governments of the District of Co- INTO BUDGET AND PLANNING.—The head of ducted as part of the first comparative risk lumbia and of the territories and possessions each covered agency shall incorporate the analysis and shall be completed no later of the United States, and their various sub- priorities identified under paragraph (1) into than 180 days after the completion of that divisions; or the agency budget, strategic planning, regu- analysis. The goal of the study shall be to (D) government-owned contractor-operated latory agenda, enforcement, and research ac- develop and rigorously test methods of com- facilities, including laboratories engaged in tivities. When submitting its budget request parative risk analysis. The study shall have national defense research and production ac- to Congress and when announcing its regu- sufficient scope and breadth to test ap- tivities. latory agenda in the Federal Register, each proaches for improving comparative risk (2) REGULATION.—The term ‘‘regulation’’ covered agency shall identify the risks that analysis and its use in setting priorities for means an agency statement of general appli- the covered agency head has determined are human health, safety, and environmental cability and future effect designed to imple- the most serious and can be addressed in a risk prevention and reduction. ment, interpret, or prescribe law or policy or cost-effective manner under paragraph (1), (5) TECHNICAL GUIDANCE.—No later than 180 describing the procedures or practice re- the basis for that determination, and explic- days after the effective date of this Act, the quirements of an agency. The term shall not itly identify how the covered agency’s re- Director, in collaboration with other heads include— quested budget and regulatory agenda reflect of covered agencies shall enter into a con- (A) administrative actions governed by those priorities. tract with the National Research Council to sections 556 and 557 of title 5, United States (5) EFFECTIVE DATE.—This subsection shall provide technical guidance to agencies on Code; take effect 12 months after the date of enact- approaches to using comparative risk anal- (B) regulations issued with respect to a ment of this Act. ysis in setting human health, safety, and en- military or foreign affairs function of the (d) COMPARATIVE RISK ANALYSIS.— vironmental priorities to assist agencies in United States; or (1) REQUIREMENT.—(A)(i) No later than 6 complying with subsection (c) of this sec- (C) regulations related to agency organiza- months after the effective date of this Act, tion. tion, management, or personnel. the Director of the Office of Management (e) REPORTS AND RECOMMENDATIONS TO CON- (b) ACCOUNTING STATEMENT.— and Budget shall enter into appropriate ar- GRESS AND THE PRESIDENT.—No later than 24 (1) IN GENERAL.—(A) The President shall be rangements with an accredited scientific months after the effective date of this Act, responsible for implementing and admin- body— each covered agency shall submit a report to istering the requirements of this section. (I) to conduct a study of the methodologies Congress and the President— (B) Every 2 years, no later than June of the for using comparative risk to rank dissimilar (1) detailing how the agency has complied second year, the President shall prepare and human health, safety, and environmental with subsection (c) and describing the rea- submit to Congress an accounting statement risks; and sons for any departure from the requirement that estimates the annual costs of Federal (II) to conduct a comparative risk analysis. to establish priorities to achieve the greatest regulatory programs and corresponding ben- (ii) The comparative risk analysis shall overall net reduction in risk; efits in accordance with this subsection. compare and rank, to the extent feasible, (2) recommending— (2) YEARS COVERED BY ACCOUNTING STATE- human health, safety, and environmental (A) modification, repeal, or enactment of MENT.—Each accounting statement shall risks potentially regulated across the spec- laws to reform, eliminate, or enhance pro- cover, at a minimum, the 5 fiscal years be- trum of programs administered by all cov- grams or mandates relating to human ginning on October 1 of the year in which the ered agencies. health, safety, or the environment; and report is submitted and may cover any fiscal (B) The Director shall consult with the Of- (B) modification or elimination of statu- year preceding such fiscal years for purpose fice of Science and Technology Policy re- torily or judicially mandated deadlines, of revising previous estimates. garding the scope of the study and the con- that would assist the covered agency to set (3) TIMING AND PROCEDURES.—(A) The Presi- duct of the comparative risk analysis. priorities in activities to address the risks to dent shall provide notice and opportunity for (2) CRITERIA.—In arranging for the com- human health, safety, or the environment in comment for each accounting statement. parative risk analysis referred to in para- a manner consistent with the requirements The President may delegate to an agency the graph (1) of this subsection, the Director of subsection (c)(1); requirement to provide notice and oppor- shall ensure that— (3) evaluating the categories of policy and tunity to comment for the portion of the ac- (A) the scope and specificity of the anal- value judgments used in risk assessment, counting statement relating to that agency. ysis are sufficient to provide the President risk characterization, or cost-benefit anal- (B) The President shall propose the first and agency heads guidance in allocating re- ysis; and accounting statement under this subsection sources across agencies and among programs (4) discussing risk assessment research and no later than 2 years after the effective date in agencies to achieve the greatest degree of training needs, and the agency’s strategy of this Act and shall issue the first account- risk prevention and reduction for the public and schedule for meeting those needs. ing statement in final form no later than 3 and private resources expended; (f) SAVINGS PROVISION AND JUDICIAL RE- years after such effective date. Such state- (B) the analysis is conducted through an VIEW.— ment shall cover, at a minimum, each of the open process, by individuals with relevant (1) IN GENERAL.—Nothing in this section fiscal years beginning after the effective expertise, including toxicologists, biologists, shall be construed to modify any statutory date of this Act. engineers and experts in medicine, industrial standard or requirement designed to protect (4) CONTENT OF ACCOUNTING STATEMENT.— hygiene and environmental effects; human health, safety, or the environment. (A) Each accounting statement shall contain

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9490 CONGRESSIONAL RECORD — SENATE June 30, 1995

estimates of costs and benefits with respect (d) GUIDANCE FROM OFFICE OF MANAGEMENT Our bill requires cost-benefit analysis and to each fiscal year covered by the statement AND BUDGET.—The Director of the Office of risk assessment for major rules, and requires in accordance with this paragraph. For each Management and Budget shall, in consulta- agencies to review all their major rules by a such fiscal year for which estimates were tion with the Council of Economic Advisers time certain. made in a previous accounting statement, and the agencies, develop guidance for the The Dole/Johnston draft covers a much the statement shall revise those estimates agencies— broader scope of rules and has several con- and state the reasons for the revisions. (1) to standardize measures of costs and voluted petition processes for ‘‘interested (B)(i) An accounting statement shall esti- benefits in accounting statements prepared parties’’ (e.g., to amend or rescind a major mate the costs of Federal regulatory pro- pursuant to this section and section 3 of this rule, and to review policies or guidance). grams by setting forth, for each year covered Act, including— These petitions are judicially reviewable and by the statement— (A) detailed guidance on estimating the must be granted or denied by an agency (I) the annual expenditure of national eco- costs and benefits of major rules; and within a specified time frame. The petitions nomic resources for each regulatory pro- (B) general guidance on estimating the will eat up agency resources and allow the gram; and costs and benefits of all other rules that do petitioners, not the agencies, to set agency (II) such other quantitative and qualitative not meet the thresholds for major rules; and priorities. measures of costs as the President considers (2) to standardize the format of the ac- (5) Regulatory reform legislation should appropriate. counting statements. improve analysis, but not override health, (ii) For purposes of the estimate of costs in (e) RECOMMENDATIONS FROM CONGRES- safety or environmental protections. the accounting statement, national eco- SIONAL BUDGET OFFICE.—After each account- Our bill requires agencies to explain nomic resources shall include, and shall be ing statement and associated report sub- whether benefits justify costs and whether listed under, at least the following cat- mitted to Congress, the Director of the Con- the rule will be more cost-effective than al- egories: gressional Budget Office shall make rec- ternatives. It does not allow cost-benefit de- (I) Private sector costs. ommendations to the President— terminations to control agency decisions or (II) Federal sector costs. (1) for improving accounting statements to override existing protections of health, (III) State and local government costs. prepared pursuant to this section, including safety or environmental laws. (C) An accounting statement shall esti- recommendations on level of detail and accu- The Dole/Johnston draft has three separate mate the benefits of Federal regulatory pro- racy; and decisional criteria that control agency deci- grams by setting forth, for each year covered (2) for improving associated reports pre- sions, regardless of the underlying statutes. by the statement, such quantitative and pared pursuant to this section, including rec- These overriding provisions are created for qualitative measures of benefits as the Presi- ommendations on the quality of analysis. major rule cost-benefit determinations, for dent considers appropriate. Any estimates of (f) JUDICIAL REVIEW.—No requirements environmental cleanups, and for regulatory benefits concerning reduction in human under this section shall be subject to judicial flexibility analyses. The reg flex override ac- health, safety, or environmental risks shall review in any manner. tually conflicts with the cost-benefit present the most plausible level of risk prac- SEC. 8. EFFECTIVE DATE. decisional criteria. And the cost-benefit test tical, along with a statement of the reason- Except as otherwise provided in this Act, limits agencies to the cheapest rule, not the able degree of scientific certainty. this Act shall take effect 180 days after the most cost-effective one. (c) ASSOCIATED REPORT TO CONGRESS.— date of the enactment of this Act. (6) There should be ‘‘sunshine’’ in the regu- (1) IN GENERAL.—At the same time as the latory review process. President submits an accounting statement REGULATORY REFORM ALTERNATIVE AND Our bill ensures that agencies and OMB under subsection (b), the President, acting COMPARISONS WITH DOLE/JOHNSTON publicly disclose the status of regulatory re- through the Director of the Office of Man- view, related decisions and documents, and Our principles for regulatory reform are agement and Budget, shall submit to Con- communications from persons outside of the the following: gress a report associated with the account- government. (1) Cost-benefit and risk assessment re- ing statement (hereinafter referred to as an The Dole/Johnston draft has no ‘‘sunshine’’ quirements should apply to only major rules, ‘‘associated report’’). The associated report provisions to protect against regulatory re- which has been set at $100 million for execu- shall contain, in accordance with this sub- view delay, unsubstantiated review decisions tive branch review since President Reagan’s section— or undisclosed special interest lobbying and time. (A) analyses of impacts; and political deals. Our bill applies to rules that have an im- (B) recommendations for reform. The text of this bill is almost identical to pact on the economy of $100 million or more. (2) ANALYSES OF IMPACTS.—The President S. 291, the ‘‘Regulatory Reform Act of 1995,’’ The Dole/Johnston draft applies to rules shall include in the associated report the fol- which was reported unanimously from the that have an impact on the economy of $50 lowing: Senate Committee on Governmental Affairs. million or more. (A) The cumulative impact on the economy (2) Regulatory reform should not become a Like S. 291, this bill: of Federal regulatory programs covered in (1) Covers all ‘‘major’’ rules with a cost im- lawyer’s dream, opening up a multitude of the accounting statement. Factors to be con- pact of $100 million. new avenues for judicial review. (2) Requires cost-benefit analysis for all sidered in such report shall include impacts Our bill limits judicial review to deter- on the following: major rules. minations of: (1) whether a rule is major; and (3) Requires risk assessment for all major (i) The ability of State and local govern- (2) whether a final rule is arbitrary or capri- ments to provide essential services, includ- rules related to environment, health, or safe- cious, taking into consideration the whole ty. ing police, fire protection, and education. rulemaking file. Specific procedural require- (ii) Small business. (4) Requires peer review of cost-benefit ments for cost-benefit analysis and risk as- analyses and risk assessments. (iii) Productivity. sessment are not subject to judicial review (iv) Wages. (5) Limits judicial review to the deter- except as part of the whole rulemaking file. mination of ‘‘major’’ rules and to the final (v) Economic growth. The Dole/Johnston draft will lead to a liti- (vi) Technological innovation. rulemaking file. gation explosion that will swamp the courts (6) Requires agencies to review existing (vii) Consumer prices for goods and serv- and bog down agencies. It would allow review rules every ten years, with a presidential ex- ices. of steps in risk assessment and cost-benefit tension of up to five years. (viii) Such other factors considered appro- analysis, in addition to the determination of (7) Provides judicial review of Regulatory priate by the President. a major rule and of agency decisions to grant Flexibility Act decisions, allowing one year (B) A summary of any independent anal- or deny petitions. It alters APA standards in for small entities to petition for review of yses of impacts prepared by persons com- ways that undermine legal precedent and in- agency compliance with the Reg Flex Act. menting during the comment period on the vite lawsuits. And it seeks to limit agency (8) Requires public disclosure of regulatory accounting statement. discretion in ways that will lead inevitably analysis and review documents to ensure (3) RECOMMENDATIONS FOR REFORM.—The to challenges in court. ‘‘sunshine’’ in the regulatory review process. President shall include in the associated re- (3) Regulatory reform should not be a ‘‘fix’’ (9) Provides legislative ‘‘veto’’ of major port the following: for special interests. rules to provide an expedited procedure for (A) A summary of recommendations of the Our bill focuses on the fundamentals of Congress to review rules. President for reform or elimination of any regulatory reform and contains no special in- (10) Requires risk-based priority setting for Federal regulatory program or program ele- terest provisions. the most serious risks to health, safety, and ment that does not represent sound use of The Dole/Johnston draft provides relief to the environment. national economic resources or otherwise is specific business interests, e.g., by restrict- (11) Requires regulatory accounting every inefficient. ing the Toxics Release Inventory, limiting two years on the cumulative costs and bene- (B) A summary of any recommendations the Delaney Clause, and delaying and in- fits of agency regulations. for such reform or elimination of Federal creasing costs of Superfund cleanups. This bill only differs from S. 291 on three regulatory programs or program elements (4) Regulatory reform should make Federal points: prepared by persons commenting during the agencies more efficient and effective, not tie (1) It does not have an arbitrary sunset for comment period on the accounting state- up agency resources with additional bureau- existing rules that agency fail to be re- ment. cratic processes. viewed. Rather, it has an action-forcing

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9491 mechanism that uses the rulemaking proc- The road to prosperity now crosses a There being no objection, the mate- ess. bridge that spans further than many rial was ordered to be printed in the (2) It does not include any narrative defini- Americans can see. RECORD, as follows: tions for ‘‘major’’ rule (e.g., ‘‘adverse effects Mr. President, Democrats believe in on wages’’). [From the Washington Post, June 25, 1995] (3) It incorporates technical changes to prosperity. We believe in economic AMERICA’S TIDE: LIFTING THE YACHTS, risk assessment to track more closely rec- progress. We want to help American SWAMPING THE ROWBOATS ommendations of the National Academy of workers earn more. We want more (By Gary Burtless and Timothy Smeeding) Sciences and to cover specific programs and Americans to be wealthy. We would During the early postwar era, most Amer- agencies, not just agencies. like more low-wage workers to join the ican families could expect to see their in- f ranks of the middle-class. We would comes grow from one year to the next. Dur- like more middle class workers to join ing both the 1950s and 1960s, median family LIFTING THE YACHTS, SWAMPING income adjusted for inflation rose about a THE ROWBOATS the ranks of the rich. But it seems to me that the Repub- third. With incomes growing this fast, few Mr. DASCHLE. Mr. President, if you lican budget aspires to no such people (and even fewer politicians) bothered to inquire very closely into the distribution look past the headlines and the hype progress. connected to the conference agreement of income. A rising tide lifted all boats, the It seems to me that the Republican rowboats as well as the yachts. on the budget resolution, I think the budget will punish those Americans But since the early 1970s, the nation’s ex- American people can get a pretty good now mired in this stagnant status quo, perience has been much more discouraging. sense of who’s looking out for whom in and provide a kind of winner’s bonus to In the past 20 years, incomes have not grown the Republican budget. those traveling on the fast track. at all, and for families near the bottom of Republican budget writers talked While we don’t know yet exactly who the distribution, incomes have done even about putting tax money back into the will get their hands on this $245 billion worse—they have shrunk. hands of wage earners. Republican Instead of routinely hearing news about tax cut, we do know that the House bill growing incomes, Americans now read dis- budget writers talked about their big gave over half the tax cuts to the 2.8 tax cuts to fuel the Nation’s economic mal reports of swelling poverty rolls, rising percent of families making more than inequality and shrinking wages. It would be engine. $100,000. It is safe bet to assume that wrong to conclude from these reports that But the only engine this budget the wealthiest 1 percent will get at the United States has not enjoyed prosperity primes is the full-throttle expansion of least a $20,000 tax cut. That little bonus since 1973. On the contrary, the nation added incomes for the wealthiest Americans. alone is more than twice the annual in- more than 40 million jobs and enjoyed three The Republican budget does nothing to come earned by families at the bottom of its longest postwar expansions. address the fact that middle-income But American prosperity is extremely un- of the scale. even. Families and workers at the top of the families have been stuck in neutral for And what do we offer to those fami- the past 20 years, while many low-in- economic ladder have enjoyed rising in- lies who are struggling to move up? comes. Families in the middle have seen come Americans are sliding into re- Education cuts that hit 65 million chil- their incomes stagnate or slip. Young fami- verse. dren. Student loans that cost $3,000 lies and workers at the bottom have suffered Republican budget priorities will more per student; $100 billion in so- the equivalent of a Great Depression. only serve to drive deeper and wider called welfare reforms, and cuts in the Though the nation is in the midst of a robust the wedge between Americans at either earned income tax credit. And I will expansion, recent census statistics offer no end of the earnings scale. not even begin to talk about the harm hint that the trend toward wider inequality This country always had, and always has slowed. Poverty rates continue to rise, that will be felt by their plan for Medi- will have, the rich, the poor, and the especially among children and young adults. care and Medicaid. Hourly wages of workers with average or middle class. Like never before, how- It is painfully clear where the prior- ever, these economic groups are pulling below-average skills continue to slide. At ities lie in the Republican budget. And the same time, the percentage of U.S. in- away from each other, and it’s tearing its not just Democrats who have fig- come received by the top 5 percent of house- at the social fabric of our Nation. ured it out. According to Stanford holds continues to climb, reaching new post- Every year, families in the top 5 per- economist Paul Krugman: ‘‘Quite obvi- war highs almost every year. cent in terms of income now make, on Although the United States continues to ously these programs would make un- average, the rough equivalent of what have a large middle class, the disparity be- equal incomes even more unequal, par- 16 low-wage families combined struggle tween those at the top of the income scale ticularly at the extremes—the very to earn in a year. In the past two dec- and those at the bottom has widened signifi- rich and the very poor.’’ Frank Levy, ades, America’s top earners enjoyed an cantly. Measured in constant 1990 dollars, a an economist at MIT says: family in the bottom one-fifth of the U.S. in- average 25-percent increase in cash in- We’re going through a period in which come distribution received about $10,400 in come. Down at the bottom, the lowest trade and technology are like an economic gross cash income in 1973. In the same year, wage workers actually felt a 7-percent natural disaster for the half of the working a family in the top one-fifth received about drop in pay over the same period. population that does not have a college de- $77,500, or roughly 71⁄2 times the average According to a survey published last gree . . . the last thing you would want to do gross income of those at the bottom. Sunday in the Washington Post, no right now is to have Government make a bad By 1992, average gross income in the bot- other industrialized nation on Earth situation worse by extending tax breaks to tom fifth of the distribution had shrunk al- has a greater income gap between top the rich. most 7 percent, falling to just $9,700. Average Democrats and Republicans agree on gross income in the top fifth of the distribu- and bottom than the United States. tion had climbed to $98,800, a gain of more And in between, the middle class grows producing a budget that comes into than 25 percent. The average income of a larger in number, but their paychecks balance within a decade. But Demo- family in the top fifth of the distribution are stuck in a rut. Hourly wages of crats refuse to forget the working now amounts to more than 10 times that of workers with average skills are sliding. Americans who must struggle to live those at the bottom of the distribution. The absolute incomes of low- and mid- their lives, pay their mortgages, edu- Gains among the very wealthy have been dle-income Americans are actually cate their children, and provide for even more impressive. Those in the top 5 per- their families over that same decade. cent of the distribution saw their incomes below those of people in other industri- climb nearly a third in the past two decades alized countries that are poorer than These are the families Democrats will so that the average family in the top bracket the United States. neither abandon nor betray in the face takes in the equivalent of what 16 families in That, Mr. President, is unacceptable. of this $245 billion gold rush within the the bottom bracket earn. The rising tide is This country was built on the promise just-passed Republican budget. now lifting the yachts, but swamping the of hope that people can, indeed, come Finally, Mr. President, I commend to rowboats. up from nothing. That you can work my colleagues’ attention an op-ed Not only have U.S. income disparities hard from the bottom and eventually printed in last Sunday’s Washington soared since the early 1970s, the gap between Post, ‘‘America’s Tide: Lifting the rich and poor has grown much faster than it reach the top. That you can build a has elsewhere in the industrialized world. better future for your family through Yachts, Swapping the Rowboats,’’ by When the recent inequality trend began, the your own honest efforts. Gary Burtless and Timothy Smeeding. United States already experienced wider in- That promise is becoming a lie to an I ask unanimous consent that it be come disparities than other countries with ever-increasing number of Americans. printed in the RECORD. similar standards of living.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9492 CONGRESSIONAL RECORD — SENATE June 30, 1995 Income disparities can be measured in a some research indicates that the probability theoretical for many low-income Americans, variety of ways. The accompanying table of moving out of the poorest class has hardly These Americans have not shared the gen- contains information about the distribution budged since the 1970s. eral prosperity. Their after-tax incomes have of income in 13 rich industrialized countries. It might also be the case that Americans slipped even though national output has in- The statistics were compiled by the Luxem- enjoy greater class and income mobility creased. bourg Income Study and are based on house- than Europeans. U.S. incomes may be more Even more depressing is the fact that the hold surveys conducted in the mid-1980s. unequal at a given point in time, but, ac- absolute incomes of low- and even middle-in- They reflect personal incomes adjusted for cording to this theory, Americans enjoy bet- come Americans are below those of residents differences in family size. Each country on ter opportunities for advancement than resi- in industrialized countries that are poorer the list is ranked according to its median dents of other countries. This is an inspiring than the United States. A comparison of after-tax income, measured in U.S. dollars story, and one that is cherished by many Canada and the United States, based on 1991 using purchasing-power-parity, a calculation Americans, especially by conservatives. The income statistics, is particularly striking. In used by economists to compare one nation’s problem with the theory is that there is no 1991, gross domestic product per person was real income to another’s in a way that ad- evidence to suggest it is true. 13 percent lower in Canada than in the justs for differences in the capacity to con- Studies of income mobility suggest that United States. Because the Canadian income sume goods and services in each country. the United States ranks about in the middle distribution is more equal than our own, Not surprisingly, the United States ranks of industrialized countries. To analyze mo- however, Canadians in the bottom 55 percent near the top of industrialized countries in bility, a team of economic researchers of the distribution enjoyed higher after-tax median income. With the exception of a few tracked the same set of individuals over long incomes than they would have received in tax havens, we are still the richest nation on periods of time in both the United States and the United States at a comparable position earth. But this method of analyzing income Germany. Their findings showed that the in our income distribution. Of course, Ameri- does not attempt to define or talk about the level of inequality within each country actu- cans in the top 45 percent of the U.S. income size of the middle class; rather it is a means ally declined, but that the gap between the distribution received higher incomes than of evaluating the disparity between rich and two countries grew, with the United States their Canadian counterparts. But for a ma- poor. And by that measure, we are the most showing wider disparities. jority of poorer and middle-class Canadians, A more fundamental criticism of the unequal rich nation on earth. the higher average income of the United Times story, suggested by both Will and Many people become uneasy when the gap States has little practical significance. Samuelson, goes as follows: Although income between rich and poor grows too wide. No so- These Canadians enjoy more comfortable in- disparities are larger in the United States cial scientist or philosopher can tell us when comes in Canada than they would be likely than elsewhere, other societies pay too this threshold has been passed. But most of to receive in the United States. heavy a price to achieve equality. Will con- us sense that when the gulf separating rich, The United States enjoys a high rank in cludes that ‘‘. . . increasingly unequal social middle class and poor grows too large, the one international contest, however. Ameri- rewards can conduce to a more truly egali- social fabric is at risk. Low-income citizens, cans near the top of our income distribution tarian society, one that offers upward mobil- and those whose incomes used to be closer to tend to receive much larger incomes than ity to all who accept its rewarding dis- the middle but have fallen, may begin to feel people with a similar position in other indus- ciplines.’’ Samuelson argues, ‘‘What deter- a weaker bond with the rest of society and trialized countries. mines the well-being of most people is the see less reason to respect its rules and insti- It is probably safe to assume that Will, increase of national income and wealth, not tutions. Glassman and Samuelson are closer to the In recent years, opinion leaders have been their distribution.’’ Other countries’ at- upper tier than the bottom tier of the in- increasingly willing to lift their voices in de- tempts to equalize incomes have led to high- come distribution. From their perch, U.S. fense of inequality and even to suggest that er joblessness and less entrepreneurial activ- economic performance undoubtedly looks widening income gaps play a useful social ity than we see in the United States, and quite satisfying. People further down the function. The New York Times, in a recent hence to slower growth abroad. The United economic scale can be forgiven. however, if front-page story, described the United States States accepts greater inequality, but is re- they doubt their economic good fortune as as ‘‘the most economically stratified of in- warded by higher income and faster growth. Americans. If wide income disparities have dustrial nations.’’ Shortly after the story ap- Affluent readers may draw comfort from big advantages for the U.S. economy, low-in- peared, it was attacked in three separate this reasoning. Americans further down the come Americans are right to think the ad- Washington Post columns—by George Will, economic scale might find the logic less ap- vantages should eventually show up in a tan- James K. Glassman and Robert J. Samuel- pealing. The size and growth of national in- gible way—in larger paychecks and higher son. Each critic mentioned different short- come undoubtedly helps to determine wheth- incomes. Whatever the virtues of our eco- comings of the story, but all agreed that the er individual citizens can enjoy a com- nomic system, one conclusion is certain: Our United States is doing a lot better than its fortable standard of living. Each citizen’s fatter paychecks have not gone to the poor. lowly rank in the inequality sweepstakes living standard also depends, however, on the might suggest. percentage of national income that he or she f Glassman argued, for example, that U.S. is permitted to share. If a pie is to be divided incomes are extremely mobile. Americans among 10 people, the person receiving the A TRIBUTE TO SHERMAN J. who are comfortably well off for one or two smallest slice may prefer to share a small LINDHARDT ON THE OCCASION years often find themselves in tough cir- pie that is divided in roughly equal slices OF HIS RETIREMENT cumstances a few years later. The starting rather than a larger pie that is divided very pitcher who earned $2 million three years evenly. A little arithmetic will show that it Mr. BENNETT. Mr. President, I rise ago can find himself throwing in the minor is better to receive 10 percent of a small pie today to pay tribute to a fellow Utahn, leagues. Similarly, Americans currently than 2 percent of a pie that is twice as large. Mr. Sherman J. Lindhardt, who retires stuck on the bottom can climb their way up Stacked against other industrial countries, today, culminating a distinguished ca- the income scale through pluck and hard the after-tax incomes of those people at the reer in public education. For the past work. The office messenger can hope for pro- lowest 10th percentile of Americans tumbles 34 years, Sherm Lindhardt has served motion to CEO. toward the bottom (see chart). Low-income our youth as a high school history Though valid, the argument of higher so- Finns, for example, receive after-tax incomes cial mobility does not go far toward explain- that exceed those of low-income Americans teacher and administrator. For all but ing the widening gap between rich and poor by 27 percent. Poor Americans are poor not 2 of those years, he taught and admin- or why the U.S. disparity is so much higher only by the standards of middle-class Ameri- istered in the Utah public school sys- than in other wealthy countries. Growing in- cans, but also in relation to low-income peo- tem. equality might not represent a social prob- ple in most other industrialized countries. While this day marks the end of his lem if the increase in inequality in a single Samuelson and Will may be right that wide chosen profession, it should be noted year were matched by a similar increase in income disparities in the United States offer that his influence will continue to be a powerful inducement for Americans to income mobility from one year to the next. felt far beyond the close of a successful The problem is, there has been no increase in work, save and invest (though it is difficult income mobility to offset the sharp rise of to find evidence for this in U.S. saving or in- teaching career. Many students, now inequality. vestment rates, which tend to languish near numbered among the upstanding adult The chance of receiving a large one-year the bottom of the industrialized world). They members of our communities, looked increase in income has never been very high. may also be correct in believing large and to Sherm Lindhardt as a role model of More to the point, the chance of enjoying a rising disparities contribute to U.S. eco- successful living. The father of seven big increase has not grown noticeably in the nomic growth, though evidence for this is children, Mr. Lindhardt participated as past few decades. Americans with annual in- also weak. Recent studies on the relation- a member of the Smithfield city plan- comes that place them in the bottom quarter ship between inequality and growth in fact of the income distribution have an 80 percent suggest that advanced countries with more ning and zoning commission, and con- chance of remaining there for at least two equal distributions grow faster than coun- tinues to serve his local congregation years in a row. Although studies over a tries that are less equal. Whatever the ad- as an ecclesiastical leader of the longer period of time are less conclusive, vantages of faster growth, they are purely Church of Jesus Christ of Latter-day

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9493 Saints. In addition to his education ca- not working for those on it, and not In essence, the Finance Committee reer, Sherm Lindhardt served in our working for those who are footing the bill represents the kind of typical two- Nation’s Armed Forces, attaining the bill. step about which the public is most rank of captain in the U.S. Army. The public has told us that they view cynical: It says one thing and means Again, Mr. President, I would like to the welfare crisis as one of the most another. It sounds, but is actually dis- pay tribute to Sherman J. Lindhardt pressing problems facing our Nation astrous. The Finance Committee bill is for his dedication in teaching our today. The public is clearly ready for about rhetoric, not reform. youth. The success of his efforts are us to address this issue. And Democrats It will reap exactly the kind of re- clearly evident as we enjoy the benefits are ready to address it. sults the unfunded mandates bill was of a new generation of community The question is, Are Republicans meant to prevent, and having it come leaders and upstanding citizens. While ready? so quickly upon the heels of he un- this day marks the setting of the Sun More to the point: Are Republicans funded mandates legislation represents on a fine career, I am sure that it also serious about addressing this issue? hypocrisy at its worst. marks the beginning of many contin- Are they serious about reform, or just It is ironic that most Members put ued years of service and honorable pur- serious about rhetoric? their serious face on when they say suits by Sherm Lindhardt. In those The Finance Committee reported a that they do not want to hurt children. pursuits I wish him the very best. welfare bill on June 9. It is now June Mr. President, I want to believe them. f 22, and I understand my colleagues on But again, it is the difference between the other side of the aisle are divided rhetoric and reality. WHERE’S WELFARE? on how to proceed. They are divided on The reality of the Finance Com- Mr. DASCHLE. Mr. President, as we a number of provisions, either included mittee bill is that some 4 million chil- all know, welfare reform has been one in, or excluded from, that bill. dren will be cut off from assistance. of the most hotly debated issues of this Mr. President, I understand division. Some 4 million children could be put Congress. Two and a half years ago And I, too, have concerns about the Fi- out on the street. President Clinton promised to end wel- nance Committee bill. But the proper Children should not pay for the mis- fare as we know it, and the public has forum to address these concerns is on takes or misfortune of their parents. reinforced that message by telling us the Senate floor. That is not fair. That is draconian. unequivocally that they want to see Bring the bill to the floor and let That is mean. this done. those who want to offer amendments to And that is plain old un-American. The ball lies in Congress’ court, and modify current provisions do so. Let It is one thing to require that able- we have a clear task in front of us. The those who want to add provisions bodied people go to work. That was the House has set the stage by passing the through the amendment process do so. original intent of welfare: To provide Personal Responsibility Act almost 3 That is the legislative process. out-of-luck families with a helping months ago. In fact, the House felt this What concerns me and many on my hand to get back on their feet. I believe issue was so pressing that they inside of the aisle is that the welfare bill most Americans support that kind of a cluded welfare reform as one of their 10 will be delayed until July as Repub- safety net today. highest priorities in the Contract With lican Senators meet behind closed But the Finance Committee plan cuts America. doors to try and work out problems. kids off welfare while doing nothing to While many of us may disagree with Then, in July, those doors will still help their parents find work. That is the substantive course the House chose be closed as secret discussions con- wrong; it is unfair; it is shortsighted. to take, they were clearly responding tinue. Before we know it, it will be This leads to yet another problem I to a mandate from the public to ad- September. see with the Finance Committee bill. dress this issue in some way. Yes, there are problems with the Fi- Anyone who has kids knows that one of It is now the Senate’s turn. The Fi- nance Committee bill. But let us air the real linchpins between welfare and nance Committee has completed action those problems on the floor and address work is child care. It is impossible to on a bill that has been reported to the them through the open legislative work unless you have some means of full Senate, and I think I speak for all process. caring for your children—it as simple Senators on my side of the aisle when As for the Finance Committee bill, I as that. I say that we are ready for floor consid- too, am troubled by many aspects of Nevertheless, the Finance Committee eration of this legislation. that legislation. bill fails to address the child care issue Mr. President, we had been led to be- First, the Finance Committee bill in any serious way. It mandates child lieve that welfare reform might be on does not solve the problems with our care for welfare recipients who are the floor as early as the 12th of June. welfare system. It merely boxes up working only until the child is 6 years And then we were told by the majority that system and ships it to the States. old. leader that welfare reform would be That is not reform. What happens to a 7-year-old? Or an considered immediately upon comple- Second, the Republicans have said 8-year-old? Or any child that should tion of action on the telecommuni- that they want to put welfare recipi- not be left alone? cations bill. ents to work. But, although the Fi- Beyond that, the bill does not in- That bill was wrapped up last Thurs- nance Committee bill requires increase funds for child care, so that as day. It is now the 22d of June, and we creased numbers of people to be par- the participation requirements in- are hearing rumors that welfare reform ticipating in programs intended to crease—requiring a greater population may not be considered in June at all, move them toward work, it provides no of welfare mothers to participate in the and may not be considered this sum- resources to meet these participation JOBS Program—there is no cor- mer at all. It may be considered in requirements. responding increase in funds for child July—but, then again, we’re told by The Congressional Budget Office has care. some in the Republican leadership that said that 44 States will be unable to If we are to increase the mandate for we may not get to welfare until Sep- meet the participation requirements in adults to work, but not provide for a tember. the Finance Committee bill. The U.S. corresponding increase in child care Mr. President, the notion that the Conference of Mayors has said that this funds to enable parents to work, then Senate may put off consideration of is the mother of all unfunded man- we are not really expecting parents to welfare reform until September is un- dates. work. acceptable. What is clear is that Finance Com- Or we are expecting the States to We are ready. We are ready now. mittee bill is not reform. And it is not pick up the tab—a sort of unwritten President Clinton challenged us to about work. In fact, if it is about any- unfunded mandate. have a bill on his desk by July 4, not thing, it is about shipping the welfare Or we are suggesting that young chil- because of politics, but because it is problem to the States and—ironically dren can be left alone. important for the Nation that we fix a enough—passing the largest unfunded None of these alternatives are ac- welfare system that is not working— mandate in history. ceptable.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9494 CONGRESSIONAL RECORD — SENATE June 30, 1995 So the Finance Committee needs a violation of the provision by the unit of local The PRESIDING OFFICER. Without lot of work. But Democrats are ready government; and objection, it is so ordered. ‘‘(B) during the period— to do the work, and the Finance Com- ‘‘(i) beginning on the date on which the f mittee bill does provide us with a unit of local government and the Adminis- THE RESCISSIONS BILL mechanism for bringing welfare to the trator (or the Secretary of the Army, in the floor of the Senate for debate. case of a violation of section 404) enter into Mr. DOLE. Mr. President, I under- If Republicans have problems with the agreement; and stand we have morning business until their own bill, they should offer ‘‘(ii) ending on the date on which the unit 10:30, at which time I will ask consent amendments to improve it. That is of local government is required to be in com- that we turn to H.R. 1944, the rescis- pliance with the provision under the plan. what Democrats intend to do. sions bill, and that no amendments be ‘‘(2) REQUIREMENT OF GOOD FAITH.—Para- in order; there be 10 minutes for debate In fact, we will offer an alternative graph (1) shall not apply during any period in plan that is truly about work. which the Administrator (or the Secretary of to be equally divided in the usual form; And so today I urge the majority the Army, in the case of a violation of sec- and that following the conclusion or leader to bring the welfare bill to the tion 404) determines that the unit of local yielding back of time, the bill be ad- floor. government is not carrying out the compli- vanced to third reading and passed and It is time the Senate fulfills its obli- ance plan in good faith. the motion to reconsider be laid upon ‘‘(3) OTHER ENFORCEMENT.—A waiver of gation to give the American people the table. penalties provided under paragraph (1) shall I will make that request at 10:30. I what they want and deserve: True wel- not apply with respect to a violation of any hope we can have the cooperation of fare reform that will move people off provision of this Act other than the provi- our colleagues. This is something the welfare and into work, not by pun- sion that is the subject of the agreement de- White House wants. We have a state- ishing children, but by providing peo- scribed in paragraph (1)(A).’’. ment from the administration. This ple access to the real means to become contains the money for the Oklahoma self-sufficient. U.S. SENATE, Washington, DC, June 27, 1995. City disaster. It contains money for f DEAR COLLEAGUE: When the Senate begins the earthquakes in California. And if WAS CONGRESS IRRESPONSIBLE? consideration of S. 343, the Regulatory Re- my colleagues on the other side do not form Bill, I intend to offer an amendment to THE VOTERS HAVE SAID YES want to pass it, that is up to them. lift the unfair burden of excessive civil pen- We have had a lot of negotiation on Mr. HELMS. Mr. President, as of the alties from the backs of local governments that are working in good faith with the the rescissions package. The President close of business yesterday, Thursday, vetoed it, and we went back and tried June 29, the Federal debt stood at Clean Water Act. Under current law, civil penalties begin to to accommodate some of the Presi- $4,898,835,701,662.79. On a per capita accumulate the moment a local government dent’s concerns. Now I am advised at basis, every man, woman, and child in violates the Clean Water Act. Once this hap- this last moment there may be some America owes $18,596.06 as his or her pens, the law requires that the local govern- other political efforts made to delay share of that debt. ment present a Municipal Compliance plan the bill or frustrate the will of the ma- f for approval by the Administrator of the En- jority. vironmental Protection Agency (EPA), or I hope that at 10:30 sharp we can take REGULATORY REFORM ACT the Secretary of the Army in cases of Sec- up the bill under the previous consider- Mr. PRESSLER. Mr. President, dur- tion 404 violations. However, even after a compliance plan has been approved, pen- ations. ing consideration of S. 343, the Regu- alties continue to accumulate. In effect, ex- Mr. WELLSTONE addressed the latory Reform Act, I intended to offer isting law actually punishes local govern- Chair. an amendment to waive administrative ments while they are trying to comply with The PRESIDING OFFICER. The and civil penalties for local govern- the law. Chair recognizes the Senator from Min- ments when Federal water pollution Under my amendment, local governments nesota. control compliance plans are in effect. would stop accumulating civil and adminis- Mr. WELLSTONE. Mr. President, I I believe this amendment is a simple trative penalties once a Municipal Compli- know we are waiting until the hour of ance Plan has been negotiated and the local- issue of fairness to local governments 10:30, but just for the public record, I ity is acting in good faith to carry out the now have a copy of this bill. This is the and I urge my colleagues to join me in plan. Further, my amendment would act as supporting this amendment. I ask an incentive to encourage governments to first time I have seen this bill. unanimous consent that the text of my move quickly to achieve compliance with I voted for the $16 billion in cuts amendment and the text of my ‘‘Dear the Clean Water Act. when it was on the Senate side, but I Colleague’’ letter be printed in the This amendment is a simple issue of fair- want to make it crystal clear that ness. Local governments must operate with a RECORD. there have now been additional cuts, limited pool of resources. Localities should for example, in low-income energy as- There being no objection, the mate- not have to devote their tax revenue to pen- rial was ordered to be printed in the sistance. I am from a cold weather alties, while having to comply with the law. State. I want to talk about that pro- RECORD, as follows: Rather, by discontinuing burdensome pen- gram. I represent people in my State. AMENDMENT NO. — alties, local governments can better con- Just because people are low income At the appropriate place, insert the fol- centrate their resources to met the intent of lowing: the law in protecting our water resources does not mean they do not have rep- from pollution. resentation. SEC. . WAIVER OF PENALTIES WHEN FEDERAL I hope you will join me in supporting this WATER POLLUTION CONTROL ACT Just now I received a copy of this COMPLIANCE PLANS ARE IN EF- commonsense amendment for our towns and bill. There was a program that we had FECT. cities. If you have any questions or wish to that was an important program—the Section 309 of the Federal Water Pollution cosponsor this amendment, please feel free majority leader actually helped me on Control Act (33 U.S.C. 1319) is amended by to have a member of your staff contact Quinn Mast of my staff at 4–5842. this before—which provided counseling adding at the end the following: to elderly people so they do not get ‘‘(h) WAIVER OF PENALTIES WHEN COMPLI- Sincerely, ripped off on some of the supplemental ANCE PLANS ARE IN EFFECT.— LARRY PRESSLER, ‘‘(1) IN GENERAL.—Except as provided in U.S. Senator. health care coverage to Medicare. That paragraph (2), notwithstanding any other Mr. PRYOR. Mr. President, I see no came out in the conference committee. provision of this Act, no civil or administra- other Senator seeking recognition. I So, Mr. President, there is also a tive penalty may be imposed under this Act yield the floor, and suggest the absence range of important programs here for against a unit of local government for a vio- of a quorum. dislocated people, workers with sum- lation of a provision of this Act (including a The PRESIDING OFFICER. The mer youth employment. I just received violation of a condition of a permit issued clerk will call the roll. this bill—just received it. I have not under this Act)— even had a chance to look at it. I cer- ‘‘(A) if the unit of local government has en- The legislative clerk proceeded to tered into an agreement with the Adminis- call the roll. tainly would oppose any kind of a trator (or the Secretary of the Army, in the Mr. DOLE. Mr. President, I ask unan- unanimous-consent agreement that case of a violation of section 404) to carry imous consent that the order for the said we would have a vote at a time out a compliance plan with respect to a prior quorum call be rescinded. certain.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9495 I want to have an opportunity to Mr. DOLE. Mr. President, I ask that to this point, and they deserve our sup- offer amendments. I want to have an the order for the quorum call be report for the work they have done. We opportunity to talk about this. We are scinded. hope in the not-too-distant future talking about people’s lives, and there The PRESIDING OFFICER (Mr. today we can accomplish our task and are some serious cuts in here that af- GRAMS). Without objection, it is so or- pass this legislation. I yield the floor. fect some of the most vulnerable citi- dered. Mr. HATFIELD. Mr. President, I zens. Mr. DOLE. Mr. President, I have been would like the attention of the Senator I would start, coming from a cold discussing H.R. 1944 with the Demo- from Minnesota. weather State, talking about the Low- cratic leader, Senator DASCHLE. I un- Mr. President, before I engage in an Income Home Energy Assistance Pro- derstand now I have consent to turn to opening statement, I would like to gram, many of whom are elderly, many the consideration of H.R. 1944. make one observation and describe a of whom are disabled—we are a cold Mr. DASCHLE. That is correct. very unique situation we are in. weather State —many of whom depend f In this rescissions package, we have, upon this grant. This was eliminated in effect, made cuts at current 1995 ap- on the House side. We restored the CONCLUSION OF MORNING propriations counts that represents funding on the Senate side, and now BUSINESS about $3 billion in outlays in the out- there have been additional cuts of over The PRESIDING OFFICER. Morning years. $300 million in this program—$330 mil- business is closed. I want to make very clear to the Sen- lion in cuts in energy assistance for f ator from Minnesota and others who some of the most vulnerable citizens. may be interested in this—knowing of EMERGENCY SUPPLEMENTAL AP- So I think we need to have an oppor- his concern for nonmilitary discre- tunity to offer amendments, an oppor- PROPRIATIONS FOR ADDITIONAL tionary programs that involve people, tunity to debate and certainly an op- DISASTER ASSISTANCE, FOR children, poor people, needy low-in- portunity to even go through this bill. ANTITERRORISM INITIATIVES, come energy assistance, other such I was not elected from Minnesota to FOR ASSISTANCE IN THE RECOV- programs—if we cannot put this bill come here and just have things ERY FROM THE TRAGEDY THAT through before we adjourn at this time, rammed through. This is the first time OCCURRED AT OKLAHOMA CITY, let me indicate the time program and I have had a copy of this bill—the first AND RESCISSIONS ACT, 1995 consequences. time. Significant changes have been Mr. DOLE. Mr. President, I ask unan- Anything that stalls this at this time made. I am a legislator. We should imous consent that we turn to consid- to move on this and act upon this, puts have an opportunity to evaluate this, eration of H.R. 1944. the Senate into July 10 returning. On and we should have a debate on what is The PRESIDING OFFICER. Without that date, and the day following, the in this. objection, it is so ordered. The Senate Appropriations Committee will be, Mr. DOLE. Mr. President, I under- will proceed to the consideration of then, in a process of making alloca- stand the Low-Income Home Energy H.R. 1944, which the clerk will report. tions under the 602(b) of the Budget Assistance Program is the same as in The legislative clerk read as follows: Act for 1996 accounts. the vetoed bill. There has not been any A bill (H.R. 1944) making emergency sup- If we cannot make that $3 billion change in that. I do not know where plemental appropriations for additional dis- outlay action now, that means we are the $400 million figure came from. aster assistance, for antiterrorism initia- going to have to add that to the 1996 al- I want to include in the RECORD at tives, for assistance in the recovery of the locations in order to stay within the this point a statement of administra- tragedy that occurred in Oklahoma City, and budget resolution. tion policy, this is the Clinton adminis- making rescissions for the fiscal year ending What any Senator would be doing September 30, 1995, and for other purposes. tration policy, that supports H.R. 1944 would be taking the responsibility of as it passed the House: The Senate proceeded to consider the cutting further, deeper, into those pro- H.R. 1944 provides an important balance bill. grams he or she may be interested in, between deficit reduction and providing Mr. DOLE. Mr. President, I also un- by holding up this action today, be- funds to meet emergency needs. This legisla- derstand we will not be able to get cause we are not going to be able to tion provides essential funding for FEMA unanimous consent that there be no delay the 1996 action any longer. Disaster Relief, for the Federal response to amendments to the bill, so I will not The House has already passed four of the bombing in Oklahoma City, for increased make that request. six out of their committee. If we can- anti-terrorism efforts, and for providing debt I am advised that the managers are not absorb in the 1995 period that $3 relief to Jordan in order to contribute to fur- here. We would like to proceed as billion outlay, we will be absorbing it ther progress toward a Middle East peace settlement. H.R. 1944 reduces Federal spend- quickly as possible. If there are amend- in the 1996. Any Senator would be ing by $9 billion. ments we hope the amendments will be compounding the very thing they are I think the administration statement offered with very little debate. Cer- trying to defend. The Senator is cre- is in accord with the thinking of most tainly people have a right to offer ating a higher cut in 1996. We cannot individuals. amendments. We discourage amend- escape that. This matter did pass the House last ments. Let me say, we also lost the battle of night. As I understand it, there has I hope that those who want this bill cutting out the Seawolf or the B–2 been change in the Low Income Home passed—which will save $9.2 billion and bomber or something and taking that Energy Assistance Program since the is supported by President Clinton—will money and putting it into programs of bill passed the Senate. join together in defeating any amend- nonmilitary. We lost that battle. We Mr. WELLSTONE. Actually it is ments or tabling any amendments that are precluded in the appropriations in true. The bill the President vetoed is may be offered. our 602(b) allocations of transferring the same. Many of us voted against I know there are a number of absent money from defense discretionary to that. What we passed out of the Senate Senators on each side of the aisle. I nondefense discretionary. restored the $1.3 billion for low-income must say they were never told there Do not be misled with the idea that energy assistance. Now we have gone would be no votes today, so they left at somehow we will face the battle on the back to over $300 million of cuts. That their own risk. Seawolf or the B–2, and we will reduce is a very serious issue for people in my In any event, I think we are prepared those commitments in the defense ap- State. I just received a copy of this. to proceed on the bill. propriation discretionary programs and Let us take some time and evaluate Mr. DASCHLE. Mr. President, we are be able to use them for low-income en- what is in this rescissions bill. prepared to proceed. While I know ergy assistance or other welfare or peo- Mr. DOLE. Mr. President, I suggest there are absent Senators on both ple’s need programs. That battle we the absence of a quorum. sides, I think it is important we try to have lost, much to my chagrin. The PRESIDING OFFICER. The finish the business on this particular I want to just add a word of caution. clerk will call the roll. legislation. The very things that the Senator may The legislative clerk proceeded to The ranking member has done an feel he would defend in the 1995 rescis- call the roll. outstanding job of bringing the Senate sion, the Senator will compound it in

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9496 CONGRESSIONAL RECORD — SENATE June 30, 1995 1996 by the very action of this Senate companying his veto message. Since in the long run. I think we have to ac- in the budget resolution and other de- that veto, negotiations have been ongo- cept a reality. cisions we have made. I yield the floor. ing between the House and Senate lead- Mr. President, I congratulate the Mr. BYRD addressed the Chair. ership and the Appropriations Commit- chairman of the committee, Senator The PRESIDING OFFICER. The Sen- tees. And, as a result of those negotia- HATFIELD, for the tireless efforts that ator from West Virginia. tions, last night the House passed H.R. he has put forth that resulted in the Mr. BYRD. Mr. President, I fully sup- 1944, the bill which is presently before successful resolution of the differences port the statement made by the chair- the Senate. In addition to all of the between the President, the House, and man of the committee. If I had my way provisions contained in the conference the Senate on these difficult matters. about it, I would change this con- reports to H.R. 1158 that I previously As I say, I know that all Senators are ference report in a few particulars, at mentioned, H.R. 1944 also contains re- not satisfied with the bill. I am not least. I am only one. We have been ductions in a number of rescissions as satisfied with it. But it is better than down this road, now, twice. We spent requested by the administration, as we could expect otherwise if it were to many hours, several days, on the first well as an increased appropriation for be delayed or, indeed, rejected, which I conference report. replacement of the Federal building in do not believe it will be. Mr. President, on May 25 of this year, Oklahoma City. The total of these add- On balance, I believe it is an impor- the Senate adopted the conference re- backs above the amounts contained in tant appropriation and rescissions bill port to H.R. 1158, the FEMA supple- H.R. 1158 is $772 million. In order to off- that deserves the support of the Senate mental appropriation and rescission set this additional spending, new or infor the reasons that I have set forth. bill by a vote of 61 to 38. At that time, creased rescissions are contained in Mr. President, I yield the floor. I spoke in support of the conference H.R. 1944 totaling $794 million, result- Mr. WELLSTONE addressed the agreement even though it did not con- ing in additional deficit reduction of Chair. tain all of the provisions that were in- $22 million more than was contained in The PRESIDING OFFICER. The Sen- cluded in the Senate bill. In particular, the conference agreement accom- ator from Minnesota. a number of Members on this side of panying H.R. 1158. Mr. WELLSTONE. Mr. President, I the aisle felt that the conference agree- I support the passage of H.R. 1944 be- say to my colleagues, I know the Sen- ment did not include a sufficient num- cause it contains $6.55 billion in emer- ator from Oregon also wishes to speak. ber of the programs that were funded gency disaster assistance for funds for I will be speaking from the floor with under the Daschle-Dole joint leadership victims of various disasters, including some difficulty because of an asthma amendment. the California earthquake and flooding condition, or allergy condition, and I Nevertheless, I urged the President throughout the Nation, and, under the apologize for the coughing. to sign the conference report on H.R. Byrd amendment, the bill, if enacted, Mr. President, I find myself in a posi- 1158 because it was a result of long and would reduce the deficit by approxi- tion of being out on the floor with sev- difficult negotiations with the other mately $9 billion. I do not think we eral Senators whom I deeply admire body and because it contained many ought to lose sight of that. And, more- but with whom, at least for this mo- important items, including an appro- over, the 1995 rescissions which are ment, I am in profound disagreement. priation of $6.7 billion for Federal contained in the bill, if enacted, will I am extremely sympathetic to my Emergency Management Agency result in a decrease in outlays for fiscal colleagues, who are as good Senators as [FEMA] disaster relief effort. These year 1996 of approximately $3.1 billion, you could ever find, as accomplished funds were to be used to finance the re- just as the distinguished Senator from legislators as you could ever find. But lief costs associated with the Oregon [Mr. HATFIELD] stated a few in all due respect, I did not vote for Northridge earthquake, as well as to minutes ago. this budget resolution. I understand address declared disasters resulting This is so because the outlays which the pressures all too well. That is why from floods and storms throughout would have occurred in 1996 from the I did not vote for the budget resolu- some 40 States, including the most re- appropriations for which funds were re- tion. And I certainly am not someone cent, extraordinary rains and hail scinded will no longer be required. And who is in favor of putting walls back up which occurred in Louisiana and some this will free up approximately $6 bil- between the domestic and the Pen- other States. lion in budget authority and $3.1 bil- tagon spending. With regard to the administration’s lion in outlays for use in fiscal year There are two issues I want to raise request for emergency supplemental 1996—this is very important, for non- at the beginning of this discussion. appropriations in the wake of the trag- defense discretionary purposes—for First of all, I did not object to the mo- edy in Oklahoma City, H.R. 1158 pro- nondefense discretionary programs. tion to proceed. I just simply said that, vided approximately $250 million for As Senator HATFIELD has said, the as a Senator, I now know, as I look at antiterrorism initiatives and Okla- walls are going back up. When the the report that has come back, that homa City recovery efforts. This in- walls of Jericho came down, they were there have been some changes. I voted cluded substantial increases above the not rebuilt so soon, and the appropria- initially for this rescissions package. I President’s request for the FBI, the De- tions walls are now up again. I am very am all for—and I understand the posi- partment of Justice, the Secret Serv- opposed to these walls, walling off de- tion of the President vis-a-vis assist- ice, the Bureau of Alcohol, Tobacco fense moneys from nondefense discre- ance to California and Oklahoma—I am and Firearms, and the Judiciary. In- tionary funding, because nondefense all for it. cluded in this amount is $67 million to discretionary funding will continue to But I am a legislator and this report meet the special needs of the General take the brunt of the cuts, as it has for, came less than 1 hour ago. I cannot Services Administration created by the now, these several recent years. quite read—is it almost 11 now? This April 19, 1995, terrorist bombing attack I hope we will be able to pass this report came here at 9:55. This is the at the Murrah Federal Building. bill, and pass it quickly. The distin- first time I had a chance to look at this The conference report on H.R. 1158 guished chairman has pointed out, rescissions package, at 9:55. I do not also provided $275 million for debt re- when we get back we are going to be on know about other Senators, but I do lief for Jordan—to which I object; I did the appropriations bills. The House is not even know what is in here. I know not support that debt relief—as pro- already passing them. These rescis- some of what is in here. I have not had posed by the administration. These sions will then enable the Appropria- a chance to examine this. This pack- funds would allow the President to ful- tions Committee to have more moneys age, H.R. 1944, is some 120 pages long fill a promise to help Jordan in its his- to allocate in budget authority and in and we are just going to rush this toric peace agreement with Israel. outlays for 1996. So I hope we will not through? Initially there was a pro- The President chose to veto H.R. 1158 cut off our nose to spite our face. posal—some Senators were talking against my wishes. I do not think he I certainly can sympathize, however, about voice voting it. should have vetoed it. But he did so for with Senators who may be displeased I said, from the time I came here, a number of reasons, which he set forth with the product that we have before that on all appropriations matters, all in correspondence to the Congress ac- the Senate. But we can make it worse expenditures of money, we should

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9497 never have voice votes. We should be But I just want to talk about some of Mr. WELLSTONE. Certainly. accountable. these priorities. I am talking about re- Mr. HATFIELD. I thank the Senator. I feel the same way also about these storing $330 million of assistance for cuts, about this rescissions package. low-income people. Is the Senator aware that the B–2 This has a very real impact on the lives I say to the Chair, we come from the bomber was killed last night by the of people we represent. I want to talk third coldest State. One B–2 bomber Armed Services Committee? According about that impact. But above and be- costs over $1 billion. This is not even a to this morning’s paper, the committee yond that, I say to my colleagues, 9:55 third of a B–2 bomber. Mr. President, voted not to fund any additional B–2 is when this came here. I have not even we have one of the finest fighting fleets bombers, which I hail as a great had a chance to examine this piece of of F–15’s. Everybody will tell you that. achievement. But I would also like to legislation, this rescissions package. We now have a proposal to replace the add there is no way we can take the I know enough to know what has F–15 with the F–27 to the tune of $162 savings of that B–2 bomber and trans- been changed for the worse and I want million, and an overall costs of $70 bil- fer it into nonmilitary discretionary to talk about that. But I just refuse to lion additional dollars. In the post- programs. We, on the Appropriations have this thing just sail through here, cold-war period, the Soviet Union Em- Committee, have our hands tied on essentially jammed through the Sen- pire no longer existing, and the Pen- that. I could not agree with the Sen- ate. I do not think that is a responsible tagon saying we do not need some of ator more. I will not take a back seat way to legislate. I feel strongly about these weapons. There are no rescissions to the Senator nor to any other Sen- that. there at all. ator in fighting for the Low-Income What is the hurry? We ought to ex- Later on today, Mr. President, I am Housing Energy Assistance Program, amine what is in H.R. 1944. For exam- going to talk about all the subsidies and all these other programs that rep- ple, I have here—this is one of the rea- that go to the oil companies since we resent people’s needs. sons that I have such fondness for the are talking about low-income energy But what I am saying to the Senator Senator from Oregon. I would say the assistance. is that this speech is a little late. It But President, I met at the home of same thing about the Senator from should be repeated and repeated. But I Olita Larson in Richfield. She is a dis- West Virginia. This was a letter dated am saying it is a little late as it relates abled senior citizen and a LIHEAP re- May 8. to the current issue we have before us. cipient. In addition to her, I met with The die is cast. What are we going to DEAR PAUL: Thank you for your most re- several veterans, and several mothers cent letter regarding the House of Represent- salvage out of this circumstance? I say with children. And what I learned from atives rescission of $1.319 billion for the Low to the Senator in all respect, that, if them is that, at least in my State of Income Home Energy Assistance Program. this is not acted upon today, the Sen- Minnesota, the Low-Income Housing Which I voted for. Which you know I Energy Assistance Program is not an ator will have led the appropriators voted for. income supplement. It is a survival and forced the appropriators into cut- As you know, the Senate bill did not in- supplement: 111,000 households receive ting $1.3 billion out of the sub- clude this rescission. Please be assured that LIHEAP assistance; 313,000 individuals; committee on Labor-HHS for 1996, over the Commmittee intends to maintain this and above what we would otherwise position during the on-going House-Senate 28,000 seniors; 53 percent of those that receive this assistance which is about have to do. If the Senator wants to conference. take on that responsibility, keep that I thank my colleague from Oregon $300 a month or so. This is just to enable people to get by so that it is not in mind. You are hurting the very peo- for his assistance—— ple you are trying to help. That is not Mr. HATFIELD. If the Senator will ‘‘heat or eat.’’ Fifty-three percent were working at low-wage jobs; 32 percent your making. It is not my making. It is yield, just to make certain the RECORD the decision of the total body of this is correct, this bill does not change were senior citizens; 41 percent were households with small children; about Senate, and we lost. We lost. But do this program, so it is not for the worse. not compound that terrible, terrible Mr. WELLSTONE. What has hap- 50 percent earn less than $6,500 a year. Excuse me, Mr. President, for not un- thing onto those very people by saying pened—— derstanding some kind of definition of to the appropriators you have to cut Mr. HATFIELD. It is not for the reality here in the Nation’s Capital. another $1.3 billion. I say to the Sen- worse. It is the same level as the ve- But for the life of me, I do not under- ator with all due respect, that is re- toed bill. I can give you a list of the stand how in the world we can be cut- ality. That is the reality we face. better parts of this bill, of the vetoed ting low-income energy assistance to I find it a very, very unpleasant expe- bill, if the Senator would be interested people, people who really need the as- in that, too? rience to have to cut any out of the sistance, people who are the most vul- Labor-HHS subcommittee of appropria- Mr. WELLSTONE. I thank the Sen- nerable citizens in our country, but we ator. tions. The House cut $10 billion from, go forward spending $1 billion on B–2 $70 billion and $60 billion. We are going Mr. HATFIELD. So I just want to bombers that the Pentagon tells us we correct the RECORD. It is not for the to be forced into allocations to cut fur- do not need. We have billions of dollars ther, if we do not get this passed today. worse. of subsidies to oil companies. We do Mr. WELLSTONE. Mr. President, the That is the reality. Like it or not, that not choose to close those loopholes. is the reality. That is the position the vetoed bill is the bill I voted against. I Mr. President, these are distorted voted for a bill that we reported out of Senator from Minnesota is pushing the priorities. Just because Olita Larson Appropriations Committee into. I do the Senate because we had restored the does not make big contributions, just $1.3 billion funding. But now we have not want any part of it. I am wanting because she is not well-connected, just to ease the pain that we have already cuts of about $330 million in funding because she is not a player does not for the Low-Income Housing Energy created. I do not want to increase mean she should not be represented. them, and the Senator from Minnesota Assistance Program. That is now what Mr. President, I met at the home. I will be escalating that burden on the is in this bill which just came to us at am not going to cave in right now. You very poor of this Nation by $1.3 billion 9:55. We have $20 million of cuts. That meet with people. You talk with peo- more out of the Labor-HHS that we do is different from what I voted for out of ple. You make a commitment that you not get out of 1995. the Senate. I did not vote for the bill are going to do everything you can to that the President vetoed. support people. And that is where I Mr. WELLSTONE. Mr. President, I Mr. President, just to be clear about thought we were. That is why I origi- still have the floor. Let me just say what is at issue here, I think it is a nally voted for this rescissions pack- that, first of all, one more time, I did matter of priorities. I look at their re- age. Now what we get H.R. 1944 from not vote for the budget resolution. I scissions package and I see a dispropor- the House, which comes at 9:55, I find did not vote—later on today when we tionate number of cuts, in all due re- out that we have over $300 million of get into the discussion—I did not vote spect, that affect low- and moderate- cuts. for the tax cut. The Byrd rule I think income citizens in this Nation. I do not Mr. HATFIELD. Will the Senator protected us over the first year. I am think it was my colleagues’ choosing. yield for a question? not at all sure ultimately, as I stretch

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9498 CONGRESSIONAL RECORD — SENATE June 30, 1995 this out and project where this heads. Senator from Oregon has made about ago on this floor, and it was valid then, This is the first time we have actually what we are doing right now in this and it has been proven to be more valid seen the rubber meet the road and procedural setting, it is suggesting today, as the Senator gives the same some real decisions made that ulti- that the 40 whacks the children and remarks about our priorities—our lack mately this money in the outyears is poor people have taken in this bill, in of priorities—our failure to put the not eventually being used to finance this compromise, might be increased to focus where the needs are by our over- tax cuts for fat cats in this country, 41 if we do not sit back, accede to the whelming lust and willingness to vote frankly. But let me say to the Senator decision of the conference committee, for greater capacity to destroy life from Oregon, and I would like to pro- be quiet, say nothing and let this roll than to sustain and improve life, name- ceed here, that in terms of the choices, out of here on a moment’s notice with- ly the military versus the nonmilitary about 60 percent of the administrative out examination or discussion. spending. travel funds are in the Pentagon. We I just do not think that is an appro- But in all due kindness and respect, I can make some further cuts there. We priate response for conscientious legis- ask the Senator, what is the option? I can also do the same thing with FEMA. lators who have real concerns about ask the Senator to put herself in my We can make some cuts there. So I do this bill. shoes and tell me what she would do as not think it is quite true that there are The Senator from Minnesota has of this moment in this timeframe with no choices. talked about the low-income heating 1996 upon us and having to make that In addition, Mr. President, I just sim- issue. I particularly am concerned decision, and every day we lose the ply want to go back to what I have about education and what has hap- money, the baseline in the rescis- been saying. I thought, though it was a pened with the education funding for sions—right or wrong rescissions— close call for me, that my colleagues needy people, needy children, in this every day we lose that money. We did an admirable job, a very admirable bill. come back here July 11, and it is all job given the constraints they were I am not going to debate it, and I do over. We will have not had this action. working under, so we passed this re- appreciate the efforts that were made Now, in that timeframe, what is the to restore education funding in this scissions package. I had some questions Senator’s option or alternative that compromise, but I have to submit to about it, but I voted for it. she would take? Then the House goes to work and the you that the rescissions were not Ms. MOSELEY-BRAUN. I say to the Senator from Oregon, again for whom I President vetoes the conference report, called for in education in the first have a tremendous amount of respect, and I support the President’s veto. place. Why would we, at this critical time in our Nation’s history, do any- and I know he has been on the right Then we get H.R. 1944 that comes here thing but begin to weigh in 100 percent side of history for these 25 years trying at 9:55. I have not even had a chance to to help support education, to give our to make this case, but it is a case that examine this. I just refuse to be put in youngsters the ability to compete in we have to make, it seems to me. And the position that somehow what I am this world economy, to guarantee for in response specifically to the Sen- doing right now is going to hurt low-in- this next generation that they will be ator’s question, I do not have an an- come people. able to compete in this world market? swer. We just got the bill 11⁄2 hours ago. If I could just finish this, I will be I want to point out specifically that We have not had a chance really to pleased to yield. I have over and over in this compromise, the title II-C JPTA even go through to see where the shifts again been talking about this. Now, I funding for poor children who are in and the changes might be. We are not do not know where other Democrats disadvantaged circumstances was cut on the committee. are. I know that 150 Members of the $272 million, cut down to now—out of And please understand, I say to the House voted against this package yes- $398 million, which it was in the pre- Senator from Oregon and the Senator terday, last night. I could just simply vious budget, to $126 million. That is a from West Virginia, no one is unmind- tell you that I think these are dis- cut of $272 million for job training for ful of the hard work that the Senators torted priorities. I think there are disadvantaged young people. have done and the dedication and the other areas that could be cut that are Well, you go out on the streets, at long hours trying to hammer out a not being cut. I think we are asking least in the State that I come from and compromise. But compromise by defi- some of the most vulnerable citizens in young people are wondering what we nition means that some priorities get this country to pay a price by tight- are doing to help them. They want to lost in the shuffle. ening their belt when they cannot be productive. They want to get the job I just submit—and the Senator from tighten their belt. skills and the literacy skills and the Minnesota submits—that the days in Ms. MOSELEY-BRAUN. Will the Sen- educational skills to be able to partici- which we can continue to allow the ator from Minnesota yield? pate in our society, and this bill would children of this Nation and poor people Mr. WELLSTONE. I will be pleased just cut them off altogether. And to who need heating assistance to get lost to yield. shut down activities that are working in the shuffle are over. We cannot af- Ms. MOSELEY-BRAUN. I thank the to stop school dropouts in order to give ford to continue down this path. Senator. I say to the Senator from young people a hand up, to cut them by Our Nation’s greatness depends on Minnesota and the distinguished Sen- $272 million is just, in my opinion, un- our capacity to allow individuals to ators from Oregon and West Virginia, I conscionable. contribute to this society and to func- cannot think of three people for whom I do not know how we can justify tion within it. No economy on this I have more respect in this body, but I that on the grounds that, well, if we do planet in this time is going to be have to say I concur in and associate not do it now, we will not have a healthier or be able to succeed more myself with the remarks of the Senator chance again until after July. And if than the social fabric of what that na- from Minnesota. we do it in July, the money will not be tion will allow. To the extent that we I want to say that in listening to the freed up for appropriations and spend- allow Senator WELLSTONE’s con- debate and the argument about the ing and then they will have to give stituent to have to choose between harm that we are doing, or might be them 41 whacks in September. turning on a gas burner in her house doing, by taking the floor in opposition Mr. HATFIELD. Will the Senator and eating dinner, we weaken our en- to this conference report, this resolu- from Minnesota permit the Senator tire national fabric. To the extent we tion, I could not help but think about from Illinois to yield for just a mo- allow these teenagers to drop out of the old poem—and I think the Senator ment? school and to stand on street corners, from West Virginia may remember this Mr. WELLSTONE. Mr. President, not only do we increase the crime rate, one—a poem from many years ago with the understanding I have the not only do we diminish the quality of about: Lizzie Borden took an ax and floor, I will be pleased to have the Sen- life in our communities, but we have gave her mother 40 whacks, and when ator yield for a question. done serious injury to our national fab- she saw what she done, she gave her fa- Ms. MOSELEY-BRAUN. Always, so ric as well. ther 41. long as it is yielding for a question. And so the only response I would It seems to me that if you boil down Mr. HATFIELD. I say to the Senator, have for the Senator, since we have the argument that the distinguished I was giving those speeches 25 years only had 2 hours, maybe 11⁄2 hours, to

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9499 look at this, is to say to the Senator understand his frustration with having with the eloquence with which she said from Oregon we do not have all the an- the Senator from Minnesota and my- it. Absolutely, we did not know what swers. self standing here and saying, ‘‘Well, was going to be in this bill, I say to my I was going to talk about another set this is not quite good enough.’’ colleagues, until late last night—10 of cuts—the majority leader just en- But let me tell you, in response to o’clock. We just received this at 9:55 tered, and I know he knows of my in- the Senator from Oregon, we start off this morning. terest in this particular issue—edu- with a situation in which we are now Second of all, I do not view this as a cation infrastructure. We have schools being told, because of the procedure, protest. My distinguished colleague crumbling around this country. There that this is a fait accompli; that there from Oregon talks about it is a protest. have been articles in every magazine, is nothing we can do about this; that it I am prepared to debate. I will have every newspaper, about the state and has been served up to us a couple of amendments, and I am prepared to de- quality of our schools that our young- hours ago based on a decision that hap- bate those amendments, and I am pre- sters—— pened 2 weeks ago, based on some deci- pared to have a vote on those amend- Mr. HATFIELD. Did I hear the an- sions that were made a month ago; and ments. swer to my question is the Senator that this train has gone too far down This is not something like all of a does not have an answer? line for us to do anything about it. sudden I have become interested in. My Ms. MOSELEY-BRAUN. I say, in an- I say to the Senator from Oregon colleagues all know of my strong com- swer to the Senator’s question, I have that at a minimum, if I am going to be mitment to LIHEAP. They all know not had time to give the Senator an an- Polly Pure Heart run over by a train, I that I think it is unconscionable that swer because we just got the bill 11⁄2 do not have to do it quietly. I can at we are making these cuts. I feel very hours ago. I will be delighted, and I least stand on this floor and make the strongly about the Summer Jobs take the challenge—— point that it is wrong to cut job train- Training Program. Mr. HATFIELD. I say to the Senator, ing for disadvantaged young people by Mr. President, when we first finished that is not the question. I got the bill, $272 million, and it is inappropriate at up on the Senate rescissions bill late at too, the same time the Senator did. this point in time, given the status of night, with some assistance from the That is not the question I asked. I our Nation’s schools, to cut $35 million majority leader, we restored funding asked, what in this timeframe would out of education infrastructure. And it for a counseling program for senior citizens to make sure that they do not the Senator instruct me to do? I am is wrong, in any event, to cut heating get ripped off in some of the supple- happy to hear any new idea that gives assistance for poor people in cold cli- mental coverage that they get to their me an option, and I am just asking the mates in communities all over this Na- Medicare. Now we are going to have all Senator, other than protesting this tion. these cuts in Medicare and Medicaid— particular time and this particular ac- If I am going to be run over by this and this is great, I suppose, for some of tion, which I agree with the Senator, train, I say to the Senator from Oregon the insurance companies for there not but tell me, as chairman of the Appro- and the Senator from West Virginia to be this consumer protection—but we priations Committee, what the Senator and to anybody else who is listening, at are now going to go back to cutting, I would do today. least I can yell out about what is about think it was, $5 million—only $5 mil- Mr. WELLSTONE. Mr. President, if I to happen to me. I go back to my 40 lion. could just—— whacks. It may be that I am asking, I What is the purpose of cutting a Mr. HATFIELD. Let her have a am begging to get 41 whacks next counseling program for senior citizens chance to answer. month by making this point. But it to provide them with basic consumer Ms. MOSELEY-BRAUN. What I seems to me that the worst thing we protection? That is in, as it turns out, would do today is I would put together can do in this situation is to stand by H.R. 1944, passed late at night, just legislation that does not take those 40 and say nothing. And if we stand by sent over here today. whacks out of children and poor people. and say nothing as these cuts occur, if So, Mr. President, I want to be crys- Mr. HATFIELD. Well, I say to the we stand by and say nothing to cuts in tal clear, this is not like something we Senator, that is a fine statement, if I low-income heating and cuts in dis- just started saying. could—— advantaged youth job training—dis- I read the other day in the paper Ms. MOSELEY-BRAUN. Let me give advantaged youth job training pro- about a general having a plane sent specific dollar numbers. We want to re- grams, how can anybody, red pencil across the country to pick him and his store $272 million. notwithstanding, sit back and say, cat up, at a cost of over $100,000 a year. Mr. HATFIELD. That is not an op- ‘‘No, we want fewer job training oppor- Is that the kind of travel we are fund- tion today. This body already passed tunities for already disadvantaged ing? I say to you, we have it within the budget resolution. You may not teenagers’’? This is just not logical to this budget, we have it within our have voted, I say to the Senator, for me. power, within this bill to actually take the budget resolution, but the body The Senator may be absolutely right. more out of that administrative and did. I have to function under the body, If we have a vote on the motion by the travel budget from the Pentagon. We not under how I voted, but under the Senator from Minnesota or myself, can do that. I have talked about body’s decision. So what is the op- whatever, we may lose, but it seems to FEMA. There are plenty of alter- tion—— me—— natives. Mr. WELLSTONE. If I can—— Mr. HATFIELD. Will the Senator But, Mr. President, first, let us just Ms. MOSELEY-BRAUN. Again—— yield? get back to the process. It is pretty Mr. HATFIELD. This must be a pro- Ms. MOSELEY-BRAUN. I cannot hard for us to sort of lay out all the al- test statement, which is perfectly le- yield. I yield back the time to the Sen- ternatives until we, first of all, know gitimate, and I join in addressing the ator from Minnesota. what is in this bill; and second, do not protests both Senators are making to- Mr. WELLSTONE. I will be pleased tell me that upon some time for delib- ward the priorities in this budget, but to yield, if I can have 1 minute, and eration and some time for discussion that is not our option today. then I will yield for a question. and some time for debate on amend- Ms. MOSELEY-BRAUN. May I re- Mr. HATFIELD. I will be happy—— ments, we cannot come up with alter- spond? Mr. WELLSTONE. I ask my col- natives. Of course, we can come up Mr. WELLSTONE. Then I would like league from Oregon to yield for a ques- with alternatives. This is not in con- to get the floor back. tion? crete. Who said this is the day, that Ms. MOSELEY-BRAUN. I thank the The PRESIDING OFFICER. The Sen- this is it, there cannot be any changes, Senator from Minnesota. I had not in- ator from Minnesota. we cannot make any changes at all, es- tended for this to become a colloquy Mr. WELLSTONE. I thank the Chair. pecially if we feel very strongly that with the Senator from Oregon. I can Mr. President, just to kind of sort this there are some real distorted prior- tell he is upset because time is upon us. out for a moment, I am in complete ities? He put in a lot of work. I certainly ap- agreement with not only what my col- I can only speak for myself, but I preciate that and understand that and league from Illinois had to say but really do not understand the priorities

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9500 CONGRESSIONAL RECORD — SENATE June 30, 1995 which say we go headlong with in- protesting at this point and is speaking est of respect. The Senator has not creases in the Pentagon budget, we with great feeling. He speaks from the seen anything yet. This is just a drop have massive tax cuts, $245 billion, heart. He is doing his very best to rep- in the bucket to the cuts that are com- most of them going to wealthy people, resent his constituents. He is dis- ing. I am on the Armed Services Com- and we are going to cut low-income en- pleased with what he sees happening in mittee, and—— ergy assistance in the State of Min- connection with appropriations. I re- Ms. MOSELEY-BRAUN. Will the Sen- nesota. spect the right of the distinguished ator yield? I say to my colleague, I may lose on Senator from Illinois to do the same. Mr. BYRD. I do not have the floor. this amendment, but I will not be si- And I am perfectly willing to sit here I am on the Armed Services Com- lent about this, and if I lose, I will go and listen to the Senators. mittee, and I got rolled a couple of down fighting, not on the basis of just But if the Senator will allow me, let times in the committee yesterday. The some principle or some protest, but be- me point out that I, too, voted against Republican side in that committee is cause I am a legislator and I know the conference agreement yesterday in voting in lockstep. They are unani- there are alternatives and I know as we the budget bill. I have spoken out mous, and there is no way that 10 mem- have a discussion of this, we will get to against the tax cuts. I oppose the tax bers on our side of the Armed Services those alternatives. cut that our own President is advo- Committee can outvote 11 members on But I just, again, have to say—I so cating. I oppose the tax cut that the the other side. So we might as well get appreciate what my colleague from Il- Republicans are advocating. I am used to it. We will not get used to it linois said—here we are talking about against any tax cut at this particular without protesting, and I will be pro- children. We all love children. We all time. We are just digging the hole testing some, too. But I merely make want to have photo opportunities with deeper when we have a tax cut and we my plea on the basis of at least getting children, and we cut job training pro- say we want to get out of that hole on with this matter today, disposing of grams for young people, and we cut that represents the budget deficit. So I it, and getting up off the carpet and low-income—LIHEAP is not coming am against the tax cut. I voted against dusting ourselves off and getting ready anywhere close to meeting the needs of the conference report yesterday. Sev- for the next battle, which we will prob- those people that are eligible. And now eral Democrats voted against it be- ably lose again. There may be some we we are going to have additional cuts in cause of the tax cuts that are likely to will win. I appreciate the Senator’s allowing me to make these remarks and the Low-Income Home Energy Assist- result from that agreement. ance Program? But, Mr. President, I say to the two for his yielding. I respect his right to I come from a cold weather State. Senators that this agreement before us speak, and I respect his right to offer Sometimes it is 20 below zero, some- is better than the one that the Presi- an amendment, and I respect the way times it is 40 below zero, sometimes, as dent vetoed. I do not agree with every- he feels. I hope he will finish his the Presiding Officer knows, it can be thing that is in this package—not by speech, but if he has an amendment, 70 below zero wind chill. But for many any means. But the President himself offer it and let us vote. Mr. HATFIELD. Will the Senator of the most vulnerable citizens in Min- says he will sign this bill. He vetoed yield for a minute? nesota, this can be terrifying—this can the first one. He says the changes that Mr. WELLSTONE. Yes, I yield. be terrifying. have been made will bring about his Excuse me, I yield for a question or Mr. President, I think that I went signature. So if he is not satisfied with comment, but I will retain the right to over these figures today, and I can give it, he is at least going to sign it. the floor. some figures for other States as well, Now, Mr. President, I merely urge The PRESIDING OFFICER. The Sen- but in Minnesota, 37 percent of the the distinguished Senators, if they feel ator is correct. households are working poor; 15 per- compelled to offer an amendment, that Mr. HATFIELD. Mr. President, I cent have a disabled household mem- they offer it, and let the Senate vote wonder if the Senator was aware of the ber; 26 percent of the households have on it today. I hope they will not offer specifics that have been extrapolated, an elderly household member; 33 per- an amendment, but I recognize their that increased in this particular new cent of the households have a child of right to do so, and I will protect their rescissions package: Adult job training, 5 or younger, and I can go on and on. rights to do so as far as I can. I just by $40 million; school to work, another When I met with Olita Larson in suggest that they offer the amend- $20 million; Goals 2000, by another $60 Richfield, and others, I made a comments and have their go at it. But it million; safe and drug free schools, $220 mitment to them to fight hard for this takes a majority to carry an amend- million; drug courts, $5 million; com- program. I have been doing that all ment. I do not believe they are going to munity schools, $10 million; TRIO, $11 along. I do not come to this just now. get that majority. Nevertheless, they million; child care block grant, $8 mil- So what we have here is a rescissions have the right to offer amendments. I lion; housing for people with AIDS, $15 package that just came over. Some of have been in the position several times million; national and community serv- the initial good work that we did in the in my long service here of offering ice, $105 million; safe drinking water, Senate has been undone with cuts amendments and seeing them de- $225 million; community development where there were not supposed to be feated—amendments about which I felt financial institutions, $14 million; com- cuts. as strongly as any Senator could feel. munity development grants $39 mil- Mr. President, I have to raise ques- But when I felt I had done my best, I lion, for a total of an add-back of $772 tions about the whole priority of this. got up off the carpet, dusted myself off, million over the first rescissions pack- I would be pleased, eventually, to get and went on to the next battle. age. to amendments and to have discussion. I recognize the Senator’s right to That is after weeks of working with I have the average fiscal net allotment speak and his right to offer an amend- the White House, after working with and average heating and cooling bene- ment. I urge the Senators not to force our colleagues in the House of Rep- fits for households assisted by State us into a delay that puts us over the resentatives. Sure, the glass is half full and region for fiscal 1993. I am prepared holiday, because I can assure the Sen- or half empty, depending on what you to go through these figures and talk ator that if that happens, we are going look at. about what this means in human to be much the worse off. We will have Again, there has not been a word said terms. less money and budget authority. We about the Senator from Minnesota or Mr. BYRD. If the Senator will yield, will have less outlays, and we are going the Senator from Illinois that I would nobody in the Senate believes more to regret that if we do it. not endorse 100 percent. My views pre- than I believe in the freedom of speech So I hope we will offer any amend- cisely. But let me also say to the Sen- in the Senate, and in the right to de- ment that we feel compelled to offer, ator that he has talked about low-in- bate, and the right to stand on one’s speak on it, and let us vote on it. Let come energy assistance. No one has feet and speak as long as one has us not delay this matter so that it is gone cold for a lack of money in that breath. I have fought that battle many still before the Senate when we return, account. We do not predict the weather times. I respect the fact that the dis- because we will have lost and lost ahead. What we do in the appropria- tinguished Senator from Minnesota is badly. Let me say this with the great- tions is we set forth $1.3 billion in 1995

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9501 appropriations for low-income energy important, also, to remember—and I The Senator from Minnesota has assistance for this coming winter. We wish I could remember the numbers been more than gracious and indulgent. cannot predict that winter. Anytime in but I do not have my glasses with me I say to my colleagues and the Senator the past on the record where we have right now—to talk about what was cut from Oregon—and I understand the had less money than required to keep to begin with. Senator has a job to do, and this is say- people warm, we have appropriated a The fact is, these are meat ax cuts. ing we just have to go on down this supplemental. They start off as meat ax cuts, and track because everybody wants to go So the fear that the Senator is ex- they are a little less—no question— on vacation. That really is what this pressing on the basis of the figure here they are a little less bad than they debate kind of is about. Senator BYRD, is not a justified fear. We appropriate were previously. I worked every single day of last week, supplementals. But that still does not mean that we and I look forward to it. Now, let me say also to the Senator should not take to this floor and talk Mr. BYRD. The Senator does not that in dealing with the White House, about why it is important to restore have a thing on this Senator when it they had a higher figure for low-income the $272 million that was cut out of the comes to work. energy assistance rescission than we JTPA Program, or the dollars that Ms. MOSELEY-BRAUN. I know that had that they were willing to have re- were cut out of heating, or the dollars is true. I understand everybody here scinded. Was it because they were in- that were cut out of the education in- wants to go home, and it is hard to be terested in people of low income? Not frastructure program to help start try- the one person standing up saying, at all. They understood the funding ing to fix some of the falling down, bro- ‘‘Well, let’s not quite go home yet; we mechanism. They knew that we would ken down schools across this country. should talk about what we are doing.’’ always put that appropriation out We have to be able to talk about these Mr. BYRD. I am in no hurry to go there in a supplemental form to keep issues. It is not symbolic. home, but I want to make this point, if those people warm. Frankly, I say to the Senator from the Senator will yield. Therefore, that money was not yet Oregon, I find it more distressing—no Mr. President, I ask that the Senator obtained because we had no knowledge one is trying to be uncooperative—I be permitted to yield to me without of the requirement of the amount of find it more than a little distressing losing the right to the floor. that money. that the Senator from Minnesota and I The PRESIDING OFFICER. Without I can say to the Senator, I partici- will be told, ‘‘If you go out here and objection, it is so ordered. pated in that time after time, leading talk about issues you care about, then Mr. BYRD. Mr. President, I say to the battle, in some instances, of put- you are in danger we will do it even the Senator, this is the bottom line: If ting that money in the supplemental to worse.’’ we pass this bill and it becomes law, keep people warm. We cannot predict I started off talking about Lizzie Bor- the Appropriations Committee will what that winter weather is. den. The more this debate goes on, that have $6 billion more in budget author- The Senator said a while ago he is exactly where we are, Senator ity and $3 billion more in outlay for might lose on this. No, the Senator will WELLSTONE. The threat is, if we do not the 1996 appropriations bill, which will not lose. The people of Minnesota will go quietly down this primrose path, we help the very programs, I am sure, that lose, the people of Illinois will lose, and will get 41 whacks after July. the Senators and I feel so strongly anybody else who blocks this action at I just do not think that is what the about. this time. people of Illinois sent me here to do— If we do not pass this, the Appropria- Again, the fundamental bottom line the people of Illinois or the people from tions Committee is going to have $6 that the Senator cannot escape—I can- Minnesota, or anywhere, if they knew billion less in budget authority when not, the Senator cannot—is requiring what we were doing to people concerns, we start marking up those bills after the Appropriations Committee to gut human concerns. we come back—$6 billion less in budget $1.3 billion more in the 602(b)’s for 1996 Is there a way to predict and to make authority and $3 billion less in outlay. if we do not pass this and get this acted the offsets, the question was asked of I hope the Senators will please keep upon today. me earlier? I could not respond, be- that in mind. That is the bottom line. Ms. MOSELEY-BRAUN. Will the Sen- cause we just got this bill a couple of We may not be happy with this. The ator from Minnesota yield? hours ago. President has said that he will sign it. Mr. WELLSTONE. I am happy to The fact is that we have given He feels that he has gained over what yield to the Senator. FEMA, our emergency management or- was the bill that was vetoed some time Ms. MOSELEY-BRAUN. Actually, ganization—and they do a great job, by ago. And he has. The Senator from Or- there are a couple of comments, and the way—we have given them more egon just read the list of decreased re- when we get into a colloquy like this, money than they say they need. We scissions. it is sometimes difficult to know what could fix schools and we could provide I plead with Senators that it means to respond to first. for job training for disadvantaged heavier losses in your programs and I have to point out to the Senator youth, education infrastructure, and my programs, when we mark up the from Oregon, and even the Senator heating assistance out of the FEMA 1996 appropriations bill, if this bill dies. from West Virginia, it is very difficult money alone. Ms. MOSELEY-BRAUN. This bill to debate someone who has been on the What are we looking at here—they would terminate the education infra- right side of these issues for so long say they need $1.3 billion and they got structure program. Zero dollars in this and who cares about them, as I know $3.2 billion. There you go. If you want rescission bill—zero dollars. that the Senator from Oregon and the to start, talk to FEMA and see how Mr. BYRD. Mr. President, wait until Senator from West Virginia do. much more they can give up. There is the Senator sees the bills that are However, I will point out that back a place to offset. going to come to this floor if this bill home, we have an expression, ‘‘If you Certainly, to take any cuts from dis- dies. Wait until the Senator sees the are being chopped to death with an ax, advantaged young people when we are cuts that are going to be made if this you don’t let them do it to you in the dealing with teen criminal activity, bill dies. closet, you go out on the street cor- teen sexual activity, the explosion of The cuts that are going to be made in ner.’’ illegitimacy, right down the list, the 1996—the Senators will come back Quite frankly, with regard to these things we talk about on the floor, and and read what I said in the RECORD, if cuts, I think it is not only appropriate, then turn around and cut job training the Senators insist on killing this. The but I think it is essential that Senator for teenagers, I do not understand. Senators will read it. The Senators will WELLSTONE, the Senator from Min- Education infrastructure—kids going see that this is just a drop in the buck- nesota, myself, and any other Senator to schools with broken sewer pipes. et. who cares about these issues, come out How are they supposed to learn? Is that Mr. WELLSTONE. Mr. President, and talk about what we are doing here. not critical to the future of this coun- just—— The Senator read off the numbers in try? Why are we taking anything from The PRESIDING OFFICER. A re- terms of what we put back. I think it is there—not to mention heating. minder that the Senator can yield for

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9502 CONGRESSIONAL RECORD — SENATE June 30, 1995 questions only during the course of amendments. I am pleased to have de- You have every right to object. You this debate. bate on those amendments and up or are doing a good job of it. That is your Mr. WELLSTONE. Mr. President, down votes. But I will tell you, I will right. just one more time, to summarize. We have an amendment to restore that But I do not intend to tie up the en- received this bill at 9:55. That is not funding for the Low-Income Home En- tire Senate here the rest of the after- even 2 hours ago. I did not know every- ergy Assistance Program. noon while somebody out here is mak- thing in here. Mr. DOLE. Will the Senator yield on ing whatever argument they want to I am perfectly willing, as I said be- that point? make. fore, I did not object to the motion to Mr. WELLSTONE. I will. We will bring the bill back as soon as proceed. There have been a lot of ques- Mr. DOLE. When are you going to the administration convinces the Sen- tions that have been put to me. I am have the amendment? That is what I ators from Illinois and Minnesota that more than willing to go forward with would like to find out. this is a good bill. amendments and debate. I need a little Mr. WELLSTONE. I say to my col- If the Democratic President cannot time to look through this bill. league, I will be ready to go with that convince the Democrats, certainly we But, Mr. President, when my col- amendment—A, I have been responding cannot convince the Democrats. leagues talk to me about this being to questions and comments from other Mr. WELLSTONE addressed the just the beginning, I am well aware of Senators. I would like a little bit of Chair. that. I did not vote for these budget time to look through this to get all my The PRESIDING OFFICER. The Sen- cuts. I did not vote for these ceilings. I amendments together. But I will have ator from Minnesota. did not vote to increase money for amendments and we will have debate. Mr. WELLSTONE. Mr. President, I Mr. President, I say to the majority military contracts. say to the majority leader in response leader in all due respect, this bill came Again, the other day in the paper, the to his characterization of the Senator here at 9:50. It was passed last night at story in the paper about a general hav- from Minnesota doing whatever he is 10 o’clock, in the House. doing, what I am doing is being a re- ing a plane sent across the country to I am not going to let this be jammed sponsible legislator. This bill came to pick up him and his cat at a cost of down my throat and I am not going to this Chamber less than 2 hours ago. I $100,000—that is out of the travel and let it be jammed down the throats of a would like to have the opportunity to administrative account. lot of very vulnerable people in my I did not vote for that, Mr. President. examine this bill. I have already spo- State. I will examine this. I am more These are distorted priorities. And my ken about areas where I am prepared to than willing to have amendments—I colleague from Illinois kept saying— introduce amendments and to have de- said this to the majority leader—and and I understand the Senator from Or- bate. we will have debate on those amend- egon and the Senator from West Vir- There are no games here. I do not ments and I am pleased to vote up or ginia have done their best within these think it is a game to speak in behalf of down. Absolutely. boundaries that have been set by the Mr. DOLE. Mr. President, will the low-income people in my State who are votes that are here right now. I know Senator yield further for a parliamen- really worried that there will not be that. tary inquiry? low-income energy assistance available But, in all due respect, we do not, in Mr. WELLSTONE. I will be pleased for them. I do not think it is a game to that budget resolution, decide we are to. raise questions about what happened to going to take on any of the loopholes, The PRESIDING OFFICER. The ma- the counseling program for senior citi- deductions, subsidies—for example for jority leader. zens to make sure they are not ripped oil companies. But we are going to cut Mr. DOLE. Mr. President, will the off on supplemental coverage to Medi- the Low-Income Home Energy Assist- call for the regular order return the care. ance Program for seniors, people with regulatory reform bill? I just realized, going through this, disabilities, and children. And, in addi- The PRESIDING OFFICER. The Sen- that now has been cut again. tion, summer jobs training programs. ator is correct. I do not think it is a game—Mr. And, in addition, infrastructure—some Mr. DOLE. I just say to the Senator President, I do not think it is a game small investment in infrastructure in from Minnesota, I am not going to be to talk about what is going to happen schools. What kind of message do we here all day while he is doing whatever to displaced workers. What is the sig- send to children about whether we have he is doing. He has every right to do nificance of those cuts? any hope for them or what kind of that, but I have listened very carefully Ms. MOSELEY-BRAUN. Will the Sen- value do we attach to them when the to the two managers of the appropria- ator yield? ceilings—the buildings are decrepit and tions bill and I think they are trying to Mr. WELLSTONE. I will be pleased the plumbing does not work and all the be helpful here, saying they are going to yield in a moment. rest. We cannot even begin to make to have less money if this is delayed. Mr. President, we have now zeroed any kind—we are going to cut expendi- The President wants this bill, so I out a program for homeless vets. It was tures in that area? ought to be happy if he does not get it, not much of an appropriation, but it Ms. MOSELEY-BRAUN. Will the Sen- I assume. That would be the conven- was important. I do not think it is a ator yield? tional wisdom around this town. He game to go through this piece of legis- Mr. WELLSTONE. I will be pleased says he wants it. He has written a let- lation and to highlight that and raise to yield in just a moment. ter. He sent up a statement. He has questions about it. Mr. President, I worked hard. I had added $700 and some million he said he I do not think any of this is a game. support from colleagues for a coun- wanted to add for the very programs But what I find so interesting about seling program for elderly people, to that have been addressed by the two this rescissions package is that so make sure they do not get ripped off on Senators. many of the cuts seem to be based upon supplemental coverage from Medicare. But it is a little late in the day for the path of least political resistance. That, now, gets cut again. My col- game playing. If the Senator is going We did not go after any of the wasteful league from Oregon talked about the to offer amendments, offer amend- military contracts. In our budget reso- good things that have been done. Fine, ments. If not, as soon as I get the floor, lution we did not go after any of the I agree and I am glad. this bill is finished. It is finished. And subsidies for oil companies. And, in ad- But he did not talk about some of the it will not be brought up again until dition, we have $245 billion of tax cuts areas that have now been cut as op- there is consent to bring it up without mainly going to the wealthy people. posed to the original rescissions bill. I amendment and you explain to the peo- And I have no assurance, by the way, only found out about what has been cut ple in Oklahoma City and you explain over the years, as I project this, that because I have had a little bit of time, to the people in California and you ex- most of this money will not be used to just a little bit of time to go through plain to the people in Minnesota how finance tax cuts for fat cats in our this. What is the hurry? What is the you lost money on low-income home country, taken away from the people hurry? I am pleased to go through this energy assistance because you would who are the most vulnerable. This is no and I am pleased, today, to introduce not let this bill pass. game.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9503 I would say to the majority leader just kind of fooling around here, and it want to be obstreperous, we are not and to my colleagues—and I will be seems to me that it really flies in the trying to be mean to anybody. At the pleased to yield for a question—that I face of what is involved, and why this same time what do you tell these teen- think it is a matter of priorities and it is so deadly serious. And to the Sen- agers when you go home, these run- is a matter of what we stand for. It is ator from Kansas, I consider the cuts aways? We cannot provide them with a matter of what we stand for. in the JTPA title II program for dis- job training. Before we just get a little bit too advantaged youth very serious busi- When we go home, what do we tell generous with the suffering of other ness. We are talking about $272 million our senior citizens? ‘‘It is summertime people, do we not have an opportunity less for a program that serves economi- now. Don’t worry about it. It is going to look at what is in this? Do we not cally disadvantaged 16- to 21-year-olds. to be OK. Guess what? If you freeze to have a opportunity to talk about some These are the kids that we have a death, we will appropriate some more alternatives? chance to save. We have a chance to money.’’ I do not think so. I do not Just speaking for myself, just let me get them educated, to give them a way think that is an appropriate response. make it crystal clear—crystal clear—I out, to give them jobs. I think we have an obligation to can take a short period of time and I Specifically, you are talking about stand on this floor and do exactly what can look through this and I will have kids who are—well, I will just read it. we are doing to try to make sure that amendments and I am ready for debate Who is involved with this program? at least the American people know on amendments. They are youngsters who are basic what is happening to them. So at least I say to the majority leader, if I had skills deficient, school dropouts, preg- this does not just kind of hide and slip wanted to stop this I would have ob- nant or parenting kids, disabled kids, through and end up being an ax job in jected to the motion to proceed. We homeless and runaway youth. I mean if the closet. So at least we make the have had a discussion about what is in we are going to take $272 million out of point out here that this is no way to here, about where the cuts have been, their hide and not look for other ways, start off balancing a budget. about other priorities. I am just speak- assuming that we have to deal with the Yes. We have to balance the budget. ing as a Democratic Senator from Min- issue of deficit reduction, the Senator Absolutely we have to do deficit reduc- nesota. I know what low-income home from Kansas knows I support it. I sup- tion. I served on the President’s Com- energy assistance means to people in ported a balanced budget amendment mission on Entitlements and Tax Re- my State and I know these cuts are against the wishes at the time at least form. We did not come away with any cruel. I did not vote for this budget res- of my President in large part because I recommendations. But it was a terrific olution. I am going to be an advocate know we have to get on a glidepath to experience. It told us what kind of for those people. And I do not care if fiscal stability. trouble we would be in if we did not they do not have any money to con- So deficit reduction is very impor- achieve a balance and a deficit reduc- tribute to campaigns. I do not care if tant to me. But one of the reasons we tion. So I am as committed on that they do not have any lobbyists here. I are out here this morning is that, if we issue as anybody here. get off on the wrong foot in deficit re- do not care if they are not the heavy But I say to my colleagues that we duction, we will be crippled thereafter hitters, or are not the players, or are should not start off by taking away in trying to achieve it in a way that not well connected. I do not care if money that was appropriated last year. does not destroy the fabric of this Na- they are without a voice. They deserve And, by the way, I do not know if that tion. That is why these issues are so vi- representation. This Senator thinks has come out in the debate, I say to the cut we had in the Senate bill before tally important. If we start off assum- Senator WELLSTONE. We are talking ing that it is OK to let the Federal is cruel. I will have an amendment to about rescinding money that was al- Government pay for generals and their restore that cut, and we will have a de- ready appropriated last year. This is cats to fly around, but we do not sup- bate on it. There were many Senators not even go-forward money. This is not port funding for job training opportuni- who supported it the last time. And I even what we are going to do now, that ties for 16- to 21-year-old disadvantaged hope to have support from Senators we have kind of a consensus around young people, what kind of way is that again. here on the balanced budget. This is I am pleased to yield for a question. to balance the budget? what happened last year. The bill be- Ms. MOSELEY-BRAUN. The Senator Here we are cutting, zeroing out ef- fore us says, ‘‘You have appropriated from Minnesota was talking about the forts to provide money to help build up this money but we are going to take it suggestion was made that somehow some of our nation’s deteriorating back.’’ In some of these areas, the this was—- schools. You cannot do much worse numbers were below what they had Mr. WELLSTONE. I yield the floor to than zero. You cannot do much worse been previously anyway. the Senator. than termination. We start talking Ms. MOSELEY-BRAUN. Thank you about a balanced budget. I sit on the So we are going to take it out of the very much. I thank the Senator from Finance Committee. How in the world hide of the young people who need job Minnesota. can you talk about tax cuts when you training, pregnant teenagers, disabled The PRESIDING OFFICER. The Sen- have bills to pay off? The American teenagers, homeless teenagers, and ator from Illinois is recognized. people know this is just fiscal foolish- runaway youth. We are going to take it Ms. MOSELEY-BRAUN. Thank you ness. Yet, we can provide for tax cuts from them. very much, Mr. President. and then turn around and say, ‘‘Yes. We are not enforcing a sensible set of I say to the majority leader that no But we still have to take a little whack priorities with this. And I do not think one is trying to be obstreperous. out of the hide of poor people who get it is inappropriate for us to stay a lit- Mr. BYRD. Mr. President, I call to low-income energy assistance.’’ This is tle while to talk about what we can do. the Senator’s attention that under the not logical. Maybe this document can be made bet- rules a Senator cannot yield the floor I have not been around to talk about ter. Maybe it can be made better. to another Senator. 25 years worth of battles for social jus- Maybe there is some room. I do not Ms. MOSELEY-BRAUN. I seek rec- tice like the Senator from Oregon can. know. I mean we are not on that com- ognition. I know I do not have the parliamentary mittee. I am on the Finance Com- The PRESIDING OFFICER. The Sen- legislative skills of the Senator from mittee. I know Senator WELLSTONE is ator is correct. In the opinion of the West Virginia. But I do know this. not on committees that wrote this leg- Chair the Senator from Minnesota That as a legislator elected from the islation. I understand that. You cannot yielded the floor, and the Chair recog- State of Illinois the people in my State consult with everybody. But certainly nized the Senator from Illinois. would not want to see me just lay down Senator WELLSTONE, the Senator from Ms. MOSELEY-BRAUN. Thank you on this railroad track and get run over Minnesota, used the expression, the very much, Mr. President. without saying anything. ‘‘path of political expediency.’’ Mr. President, to the Senator from While we recognize that all of our Mr. WELLSTONE. Will the Senator West Virginia, the suggestion was colleagues want to go home, everybody yield? Actually, I said, the ‘‘path of made that somehow or another we were wants this vacation, and we do not least political resistance.’’

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9504 CONGRESSIONAL RECORD — SENATE June 30, 1995 Ms. MOSELEY-BRAUN. That is cor- means the folks on this side of the aisle Mr. BYRD. Is she also aware that she rect. ‘‘Path of least political resist- will go in lockstep, and we will lose. may orally state the amendment? ance.’’ That is better than the ‘‘path of But I want everybody to know that I Ms. MOSELEY-BRAUN. I was not political expediency.’’ That is correct. am prepared to talk about job training aware of that. I say to the historian of I appreciate that correction from the for disadvantaged youth today, tomor- the Senate, I was not aware that an Senator from Minnesota. That was the row, the next day, the day after that, oral amendment was appropriate. expression that he used, and I think it the day after that, to talk about why Mr. BYRD. And if she sends it to the is very well taken—least political re- we need to try to make certain that desk or orally states it, she loses the sistance. I just think that even in situ- these kinds of efforts do not get the ax. floor? ations like this, in which the people Mr. BYRD. Will the Senator yield? Ms. MOSELEY-BRAUN. I thank the who sat around in the wee hours and Mr. HATFIELD. Will the Senator Senator. I was not aware of that either. hammered this out—and again, we ap- yield for a question? I appreciate the counsel from the Sen- preciate the effort and we know there Ms. MOSELEY-BRAUN. Only for a ator from West Virginia. is an attempt here at compromise, but question, and I retain the right to the Mr. DOLE. Will the Senator yield? at the same time I think it would be floor. Ms. MOSELEY-BRAUN. The major- inappropriate for us not to discuss Mr. BYRD. The Senator retains her ity leader. these issues. right to the floor. She can just yield Mr. DOLE. Will the Senator yield for Do we have amendments? Well, one for a question. a question? nice thing about the Senate is that it Ms. MOSELEY-BRAUN. Yes. I thank Ms. MOSELEY-BRAUN. For a ques- is a traditional legislative body. I lis- the Senator. For a question. I will tion by the majority leader. ten very closely to ROBERT BYRD when yield for a question, yes. Mr. DOLE. I make an inquiry. Does he starts talking about this institu- The PRESIDING OFFICER. Who is the Senator intend to offer it or not? I tion. I love it, too, because it allows the Senator from Illinois yielding to? wish to find out—if we are just going to you to be a legislator; it allows you to Ms. MOSELEY-BRAUN. The first have a filibuster here with two Sen- be a lawmaker; so much so that you question I think was asked by the Sen- ators, that is fine—so we can make can write an amendment down on a ator from Oregon and then the Senator other plans. If we are going to offer piece of paper. I would like to get it from West Virginia. I will yield for a amendments, we hope Senators offer typed up. I know we do not have a question from both of them. the amendments so we can have a vote. Mr. HATFIELD. I thank the Senator. whole lot of time. I know we are in a Ms. MOSELEY-BRAUN. I thank the I was wanting to ask the question, hurry. I have an amendment here. It is Senator. I say to the Senator from did the Senator support the Daschle- handwritten. I just would like to have Kansas, the majority leader, I have an Dole compromise in the rescissions it typed. It would restore the money amendment to offer. I have not yet of- package that originally passed the Sen- for job training of disadvantaged young fered it. I am looking at offering it. I ate? people, restore the money for school would like to get it typed up. I would Ms. MOSELEY-BRAUN. The Senator like to have a chance to talk about the construction; $35 million is a drop in from Oregon has some very good staff the bucket. It was cut from $100 mil- offsets and the numbers and where the members. Yes, I did, I supported it, but money is going to come from. I under- lion. the education infrastructure was not The original appropriation was $100 stand the Senator from Minnesota has restored in that compromise. an amendment. million, reduced to $35 million, in this Mr. HATFIELD. The cut for youth bill reduced to nothing, taking back Mr. WELLSTONE. If the Senator will job training centers was $272 million. yield, I have several amendments in ex- money that was appropriated. Ms. MOSELEY-BRAUN. That is cor- actly the areas that I was speaking This is not logical, it seems to me, rect. about that I intend to offer and have nor is it fair, nor is it sensible, nor is Mr. HATFIELD. The Senator sup- debate upon, absolutely, and hope to it forward-looking, nor is it appro- ported it, and in this package it is $272 win on them. I said that from the very priate, nor does it comport with our million, the precise same figure that beginning. obligations to the American people. the Senator supported in the Daschle- Mr. DOLE. If the Senator will yield, Job training started out at $398 mil- Dole compromise. lion, reduced by $272 million. In this Ms. MOSELEY-BRAUN. That is true. why not offer the amendment? We have bill, it is $126 million. So that is a pret- That is correct. And I make the point been here almost 2 hours on this meas- ty good whack on job training for dis- that procedurally that was an interim ure and nothing has happened except advantaged young people. step to where we are today. It was my for a lot of discussion. And if the Sen- I do not have the numbers. The Sen- hope always that we would be able to ators are going to offer amendments, ator from Minnesota may have the work toward closure and resolution in let us offer amendments. If Senators do numbers on what the whack was on a way that made sense. not mind disaccommodating colleagues last year’s appropriation for heating That vote was not the ultimate vote. on that side, I am not going anywhere assistance, but the point is this is not This vote is the ultimate vote with re- this weekend, so I will be here all something that I think we should just gard to fiscal year 1995 rescissions. And weekend. It is up to Senators. If the roll over and not say anything about so I make the point to my col- President does not have any influence and say, well, you know, it is the time, league—— with either one of his colleagues on it is just open season on disadvantaged Mr. HATFIELD. I thank the Senator. that side, that is his problem. But we youth and schools and school kids and Ms. MOSELEY-BRAUN. The Senator would like to complete the bill because poor people who need heating assist- is correct. The Senator from West Vir- the President would like to have it ance and just roll over and let this hap- ginia had a question, also. done. And I wish to make the best ef- pen. I just think it is inappropriate. Mr. BYRD. My question was based on fort I can on behalf of the President, I say to my colleagues again, this the statement that I understood the but if I am thwarted by members of his legislative body permits for this kind Senator to say earlier that her amend- own party, I am not going to spend a of dialog, and it would be inappropriate ment was not typed up; it was just in lot of time trying to help the Presi- for us as legislators not to raise the handwriting. My question was, is she dent. Maybe he ought to pick up the issue, not to raise the question whether aware that an amendment does not phone and make a couple of phone or not we can fix this a little bit. have to be typed, that it can be sent to calls. Maybe the amendments will go down. the desk in one’s own handwriting? But in any event, if we offer the I do not know how many —I just do not Ms. MOSELEY-BRAUN. Yes. I say to amendments, as the Senator from West know. Maybe my colleagues will go the Senator from West Virginia, yes, I Virginia said, we can have a vote. It lockstep on that side of the aisle. I say am. will be an amendment vote. And then to the Senator from Kansas, the major- Mr. BYRD. And she may—— we will see where we are. I do not know ity leader, maybe his guys will go in Ms. MOSELEY-BRAUN. Again, I how many Members are left. Many lockstep because of a political agenda. think that is a wonderful thing about Members had to leave early to make Maybe the letter from the President this institution. plane reservations. We are still enough

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9505 here to do business. We are prepared to rescind from last year’s legislation. kinds of stuff, and it gets terminated, do business. Let us do business. This process has taken a long time. It all $35 million. Mr. WELLSTONE. Mr. President, if I has gone step by step by step. We had It started off at $100 million and went could respond—— the vote that the Senator from Oregon down to $35 million. The Senator from The PRESIDING OFFICER. The Sen- referred to, which I consider to be an Oregon asked why I voted for the pre- ator from Illinois has the floor. interim step in the process, and we just vious compromise. Well, being a legis- Mr. WELLSTONE. Will the Senator got this bill this morning, quite frank- lator, I am compromising. ‘‘We’re yield for just a moment? ly. going to go, yes, it’s OK, we’ll cut from Ms. MOSELEY-BRAUN. For a ques- Were it not for just some pretty fast $100 million to $35 million because, boy, tion, yes. action to even find out that the JTPA we have to have shared sacrifice in this Mr. WELLSTONE. The question is in youth training program was being cut time of deficit reduction. So, yeah, I’ll response to the majority leader. by $272 million and education infra- give up some of the millions of dollars, Ms. MOSELEY-BRAUN. For a ques- structure was being terminated and given the fact we haven’t invested in tion. low-income heating assistance was our schools, given the fact they are Mr. DOLE. For a question. being slashed—there may even be more falling apart. But I am prepared to Mr. WELLSTONE. First of all, let me provisions in there of which we are not make some investment in the process, be clear one more time. I am drafting aware. We have not had a chance—I to go along with the program.’’ amendments and am pleased to have have been on my feet since 10:30, al- So we went from $100 million to $35 the debate. But I would say to the ma- most 2 hours. I have been standing million, and then I look up and it is jority leader, it is not a question—— right here. And I understand that it is zero in this bill. I do not think that is The PRESIDING OFFICER. The Sen- part of the process that you have to sensible. I do not think the spirit of ator from Illinois may yield for a ques- stand right here, you cannot move, you compromise goes to the point where tion. cannot go to the telephone, you cannot you just strangle yourself, or the spirit Does the Senator from Illinois yield, stop and read things, and you cannot of compromise says you necessarily for a question, to the Senator from go through and do the kind of research have to just go quietly into the closet Minnesota? that is required. and let somebody cut you to death Mr. WELLSTONE. Will the Senator But just to ask us to rush to judg- with a meat ax. I just do not think that from Illinois yield for a question? ment on something as significant as a is what the spirit of compromise Ms. MOSELEY-BRAUN. To the Sen- rollback of money that was appro- means. ator from Minnesota. I just did. priated last year, and particularly I think there are offsets. We were Mr. WELLSTONE. Let me restate it. when that rollback rolls over disadvan- talking about where is the money Will the Senator from Illinois agree taged youth and it rolls over people going to come from? Well, we looked at with me that when you get a bill at 9:50 who want to see our schools repaired it just very briefly. Here is money—we in the morning and you have not had and it rolls over poor people who may give FEMA more money than they any opportunity to even examine what freeze to death next winter, we are think they need. OK, it is important to is in that bill, that the way to rep- going to roll back and roll over simul- have some money for emergencies sit- resent the people back in your State taneously, and we have to sit here and ting there, but could you not do that and the way to be a conscientious leg- say, ‘‘Oh, well, we have to go along by supplemental appropriations? We islator is to, first of all, have a chance with the program. It is not appropriate could not find a few dollars to put back to look at it and then to be drafting for us to get up and yell and argue; some of the money for disadvantaged amendments? I have several amend- well, on the one hand, we have been youth, for education infrastructure? So I ask the Senator from Min- ments, I would say to the Senator, al- told we may make it worse for those nesota—I want to applaud his leader- ready that I am working on. But I want people next year. You have seen these ship, because last night we had a con- also to look at this bill to see what is cuts. Well, it is just going to get versation here on the floor because we in it, and I may have some others. worse.’’ did not know what was going to be in Would the Senator agree with me Lizzie Borden took an ax and gave this bill, and the Senator from Min- that that is a conscientious approach; her father 40 whacks. Next year it will nesota said, ‘‘Well, I am waiting to see it is a mistake having something come be 41, maybe even 42. Well, I am sorry. what is going to be in it, because I hear over here and go through without hav- My attitude about this is—I am not some pretty bad things about it, and if ing a chance to look at it and have dis- trying to be obstreperous. I think the it turns out it is as bad as I hear, I am cussion and have amendments? Senator from Kansas and everybody in just going to have to take to the floor Would not the Senator also agree this body knows I come out of a legis- with me that during a large part of the and object.’’ I applaud him for that. lative tradition. I understand com- Mr. WELLSTONE. Will the Senator discussion this morning we have been promise. I understand working with yield for just a moment? responding to questions from other col- people. I try to work with everybody. Ms. MOSELEY-BRAUN. I yield, yes, leagues? It is not as if we have just But I will tell you, there is a point at for a question. been speaking by ourselves, only to which you have to say you stand for Mr. DOLE. Mr. President, the Sen- ourselves. And we have been trying to something, and among the things we ator may yield for a question but not highlight the priorities in this legisla- stand for is seeing to the disadvantaged for debate. tion. Would the Senator agree with youth, teenagers, 16-to 21-year-olds The PRESIDING OFFICER. The Sen- me? Or some of the distorted priorities who are disabled, homeless, school ator may yield for a question. and talking about why not some alter- dropouts, runaways, that they do not Ms. MOSELEY-BRAUN. I yield for a natives? Would the Senator agree that take a $272 million whack. question. that has been what is going on here? I mean, come on. Education infra- Mr. WELLSTONE. Last night, is it Ms. MOSELEY-BRAUN. I would not structure. I may have to bring out the not the case I said to the Senator that only agree, but I would underscore the pictures, I do not know. I was not look- I did not know what was going to be in remarks of the Senator from Min- ing to have to be on my feet this long the bill, but what I wanted to have was nesota. And I do not have in front of time, but I have the pictures sitting in at least an opportunity to look at it? Is me, since we just came to the floor— the back. You have seen them. Most of it not true I said I did not want this to again we just got this bill. I did not the Members of this body, I hope, have be steamrolled, and I also wanted to have a chance to put together the nor- seen them if they were listening at all. have an opportunity to have discussion mal amounts of information. But the We have schools falling apart. Kids are and offer amendments to restore some fact is I do not understand—we are now having to study next to broken sewer of the cuts which I think are cruel to in the position of being accused of try- pipes, not to mention broken windows, some of the most vulnerable citizens? ing to stall something. There is this floorboards cracking through. I can go Is that not the gist of our discussion, hurry, hurry, we have just got to pass through—and bring out the pictures which is what I intend to do? this and it has to be today. We have to —the safety and health hazards, not Ms. MOSELEY-BRAUN. That is the have this rush of what we are going to decoration, not cosmetic, but basic gist of the Senator’s statement to me.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9506 CONGRESSIONAL RECORD — SENATE June 30, 1995 I applaud him for his leadership and cut, the deck is stacked, this game has passionately about these issues and foresight. moved on down, talk about games. This what happens to these kids, and what I guess I am a little optimistic. I had train is on the track and, unfortu- happens to these old people. I do not hoped that the compromise would nately, people who are concerned about know what else to do, unless the nego- mean we would not take any whacks $272 million cuts in job training for dis- tiators are willing to take the amend- out of kids and poor people and the vul- advantaged young people and who are ments or fix the compromise. There is nerable population. I had hoped we had concerned about $319 million cuts in money in there to do it with. moved in the direction of saying, heating assistance for poor people, and Like I said, this bill would give ‘‘Well, we pushed it this far, we are are concerned about termination of the FEMA almost $1.9 billion more than going to leave education funding like it program altogether to fix the schools— they say they need. I hope they will is, we are going to leave job training well, our bodies are just here on the not need it. If anything, the money like it is, we are not going to fool track. Guess what? Our bodies being on that FEMA needs is for disasters. We around and take any more out of the the track is considered to be an annoy- had a terrible thing happen in Illinois. people who need heating assistance, ance. That is the phenomenal thing We had flash floods down in southern money to help heat their homes in about it. Illinois, following the floods of 1992. communities like the Senator’s and We are talking about substantive FEMA is doing a great job and nobody like mine.’’ issues, and the response is that we are wants to impair them. But to give The Senator from Minnesota was getting in the way, we are an annoy- them more money than they say they talking with the Chair earlier about ance. It is annoying to talk about need does not make a lot of sense to how the wind chill gets to be 70 below homeless teenagers who will not get me, either. We can pay for these pro- in Minnesota. I do not know the last job assistance. It is annoying to talk grams out of that. time the Senator from Minnesota vis- about senior citizens found frozen to Again, not being on the committee, I ited Chicago and Lake Michigan in the death. You know and I know, as well, do not mean to be a Monday morning dead of winter, January. It gets so cold that you get these stories every winter. quarterback. I know the committee people say its the hawk coming off the It is annoying to talk about young peo- members worked hard and they meant lake, and what looks on the thermom- ple sitting up in classrooms, expected well. But you cannot start off this bal- eter to be 10 below feels more like 50 to learn. Goals 2000 calls on all Ameri- anced budget march by stepping on the below. There are a lot of senior citi- cans to reach certain educational lev- feet of disadvantaged kids and senior zens, a lot of senior citizens who live els by the year 2000. How can you ex- citizens who need heating, and school on fixed incomes who do not have the pect a child to learn when he is sitting systems that need windows repaired. ability to heat their homes in the win- there trying to study English next to a You cannot start off down this road. ter, to withstand that. Will the Sen- broken sewer pipe? How can you expect If we start taking back money from ator from Minnesota advise the Sen- him to get on the information super- last year in this regard and then we go ator from Illinois, what is the cut on highway when there is only one plug in to reconciliation and the appropria- home heating assistance? the classroom and it does not work? tions process this year and make it The PRESIDING OFFICER. The But that is an annoyance to talk about worse, by the time we achieve a bal- Chair reminds the Senator from Illi- that, and it is an annoyance to get in anced budget, we will have blown our nois that she can only yield for a ques- the way of the program. Heaven forbid country’s fabric out of the water. I do tion. that we stand on the train track while not know about you—again, I guess be- Mr. WELLSTONE. Will the Senator this train is coming down and raise cause I am still on my feet and I have yield for a question? these issues. to stay on my feet—I do not know Ms. MOSELEY-BRAUN. I will yield I tell you, in response to the Senator about you, but sometimes I watch—I for a question. from Minnesota, I do not know what have a teenage son. My son, Matthew, Mr. WELLSTONE. It is the Senator’s the hurry is. I do not know why we is 17 now. His generation watches a lot understanding based upon the answer could not have time to—I understand of these futuristic movies. So I get a that I am about to give to the Senator the procedures. If you want to talk chance to see some of this stuff. that it is about $320 million, or so, of about these issues and the train is on I am appalled by the vision of the fu- cuts. And does the Senator understand the track, you have to actually stand ture that they have. Societies with that what happened was that on the on your feet in the Senate Chamber people living in rusted-out cars and Senate side, when we voted for this re- and talk about it and, no, you do not alleys, and the very rich with the cor- scissions package, I voted for it? We get a chance to sit down and read the porations running the countries, with had restored the full funding, though bill. It is called a done deal. Do not pay the very rich up here and the very the House had eliminated the whole attention to the details. But, you poor, everybody else, digging in gar- program. I have strong support, letters know, I would like very much to pay bage cans. That is the vision they have. that I have here when we get to the de- attention to the details. I would love to And then here we are today saying that bate on the amendment from the dis- read that bill. teenagers and runaways and dropouts tinguished chair of the Appropriations You know the old expression, ‘‘The and homeless youth 16 to 21, take that Committee that we would hold firm in devil is in the details.’’ Quite frankly, $272 million—the only thing that gives our position. But now we have over $300 I am glad I found them on two of them. them any job training hope. million of additional cuts that just I caught them trying to take $272 mil- Are we buying into that vision? I came to us late last night. lion out of job training for young peo- hope not. We talk about making it an Would the Senator agree with me ple. I caught them trying to take opportunity society. How are you going that in terms of priorities, what is the money out of LIHEAP. There are prob- to make it an opportunity society if hurry? Would the Senator agree with ably more, I do not know. I look for- you do not say our kids are our prime in terms of the focus we keep get- ward to a chance to do it. ority, jobs are our priority? We want to ting this pressure about hurry, hurry, But, as the Senator from West Vir- give people the ability to be produc- hurry? Why are we in such a hurry to ginia advises, our amendments—I say tive. How do you do that? I guess there cut low-income energy assistance for ‘‘ours’’ because I know the Senator are some here. I think one of the se- elderly people, people with disabilities, from Minnesota, who actually has prec- crets in all this budget stuff —some of people with children? What is the edence in that regard since he was here my colleagues use the term ‘‘defense hurry to do that? Would the Senator be before I was, has some amendments. spending.’’ It is not really defense able to answer that question for me? And I have two—at least two. That is spending; it is military spending. Lord Ms. MOSELEY-BRAUN. Well, there based on what I have seen so far. knows that everybody wants to be pa- is an answer, I say to the Senator from I have not had a chance to read the triotic, and we all want to stand by a Minnesota. There is an answer, and the whole thing. I am sorry, I say to the strong military, because it is still a answer is: Vacation, I think. majority leader; we are not trying to dangerous world out there. We want to I think the answer is that folks want be obstreperous. We are not. I do not give them what they need to work to go home. The answer is, the deal is mean to annoy. I do not. I really care with.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9507 So one side of the budget goes to Ms. MOSELEY-BRAUN. To the Sen- Mr. DOLE. Does the Senator intend those activities—whether there is a ator from Minnesota, I not only realize to offer an amendment or talk the rest firewall, real or not, there. One side of how important it is, but I have just of the afternoon? the budget goes to those activities, and been told I cannot even sit down, so it Ms. MOSELEY-BRAUN. We have the other side has to feed on itself. So is going to get tougher by the minute. amendments. we are pitting senior citizens against I understand that. Mr. DOLE. When does the Senator in- kids. That is no approach. That is no I think that the sacrifice of standing tend to offer the amendments? approach. on my feet, however many hours this is Ms. MOSELEY-BRAUN. Talking Our social fabric depends on our abil- going to take, pales in comparison to about a timeframe? ity to provide jobs. We should be able the sacrifice of that constituent the Mr. DOLE. We have been on this 21⁄2 to provide job training for our young Senator read about and talked about hours. The Senator could have read the people. The Senator from Oregon said, this morning who may not be able to dictionary in 21⁄2 hours. ‘‘You voted for the first compromise.’’ pay for heating in the winter in Min- Ms. MOSELEY-BRAUN. I have not Well, yes, everybody will probably have nesota, which is almost a fate too hor- been able to sit down. to give up a little something this time, rible to contemplate. Being on my feet Mr. DOLE. Please do. because we have these huge deficits pales in comparison to those teenage Mr. WELLSTONE. Will the Senator and we have to get past them. We have runaways, disabled teenagers, school yield for a question? to get on a sound fiscal footing. Yes, dropouts, homeless teenagers, 16- to 21- Ms. MOSELEY-BRAUN. I yield for a we are all going to have to tighten our year-olds. question. belts a little. Standing on my feet helps to save Mr. WELLSTONE. Perhaps the Sen- But that means shared sacrifice. It and give them some hope, and to pre- ator from Illinois could respond to my does not mean tax cuts—tax cuts—tax serve some portion of rationality in concerns. I have amendments. I have cuts on the one hand and cuts in in- this debate about whether they are a said that all along. vestment in people on the other. This priority or not. I am prepared to do The question is whether there could is not logical. This is not logical. that. be an agreement. Maybe we could work You say we have to do this to com- Mr. WELLSTONE. Will the Senator this out where we could have some as- port with the budget resolution. Well, yield for another question? surance that I do not introduce the okay, but the budget resolution is what Ms. MOSELEY-BRAUN. I yield for amendment, and right away the major- has the tax cuts in it; and, parentheti- another question. ity leader tables it. I would want there cally, tax hikes on people who make Mr. WELLSTONE. The Senator was to be time for debate. less than $28,000. talking about tax cuts. Is the Senator Will the Senator from Illinois agree How can we maintain the fabric of aware that this rescissions package, that we are interested in that assur- this Nation if we are going to exacer- beyond the first round of about $5 bil- ance? Otherwise, what could happen, bate income disparities like that, if we lion in cuts, the real issue is what hap- we could introduce amendments and are going to eat away at people’s hope pens in the years to follow in the out- immediately they could be tabled. I like that, if we are going to buy into lays? wonder whether the Senator from Illi- the future of the movies that Matt’s Does the Senator understand that if nois would agree to move on to amend- friends look at? How can we do that? we extend this to the future, that actu- ments; that it is critically important Again, that is why I am on the floor, ally some of this money that is cut that there is agreement we have time and I will yield to the Senator from could very well be used—in other to debate the amendments. Otherwise, Minnesota for a question at this time. words, some of the money that is cut— we will introduce the amendments and But that is why we are on the floor for nutrition, for fuel assistance pro- the majority leader will rise to the here. No, it is not fun to be seen as a grams, for elderly people, or for that floor and move to table, and we will ‘‘sticky wicket’’ person in the way, meat for children, for the job training not have any discussion at all. standing on the train track, about to program, for education, for counseling Does the Senator agree that is crit- get run over. It is not fun. But I do not assistance to older people to make sure ical? have a problem doing it. they do not get ripped off by supple- Ms. MOSELEY-BRAUN. I think so. I yield to the Senator from Min- mental insurance policies to Medicare? That would be very important. The nesota for a question. Does the Senator realize that actually whole idea is to get a vote on these Mr. WELLSTONE. Two questions: some of that money, as we look down amendments and to get some discus- First of all—— the pike, some of these cuts, this sion on these amendments. I am pre- Mr. DOLE. The Senator from Illinois money could be used to actually fi- pared to put the amendments down if has lost the floor. nance the tax cuts which go we can get that kind of an under- The PRESIDING OFFICER. Does the disproportionally to people on the top? standing with the majority leader. Senator from Illinois yield for a ques- In other words, what could be going Mr. DOLE. Will the Senator yield? tion? on here if this is the first round, where Ms. MOSELEY-BRAUN. I cannot Ms. MOSELEY-BRAUN. I have done the rubber meets the road, we have pri- yield to the majority leader, but I that. I yielded for a question. ority programs extremely important to could yield for a question. The PRESIDING OFFICER. The Sen- the most vulnerable citizens. Does the Mr. DOLE. You could yield the floor. ator must stay on her feet. Senator realize this money could be Ms. MOSELEY-BRAUN. No, I cannot. Ms. MOSELEY-BRAUN. During the used to finance tax cuts for fat cats in I say to the majority leader, I would question, while he is responding to my the country, the most affluent people? love to yield the floor. I would love to question? Ms. MOSELEY-BRAUN. Mr. Presi- introduce my amendments. I would The PRESIDING OFFICER. Yes. If dent, not only am I aware of it, I say to love to move this process forward. I am the Senator does sit again, the Chair the Senator from Minnesota, I serve on not looking forward to just standing will assume that she has relinquished the Senate Finance Committee, and I here and talking—I would. the floor. am very much concerned about, again, But I think the problem is, because I Ms. MOSELEY-BRAUN. I thank the the direction. I think that is probably am kind of stuck in this spot, I have Chair for that courtesy. the most significant thing about where not been able to have a discussion Mr. WELLSTONE. I have two ques- we are with this bill. about any time arrangement or wheth- tions. This bill relates to last year’s money, er or not we will be able to have discus- First of all, I assume the Senator re- really—the appropriations happened sion and a vote on the amendments, in- alizes how pleased I am that the Sen- last year. I am just afraid if we go for- cluding Senator WELLSTONE’s. ator is out here speaking with me. ward and say that it is okay to cut So I am searching for a way, within These are very important issues, as the JTPA, education infrastructure, and the context of the Senate rules, that I Senator realizes, and it is very impor- LIHEAP, assistance for seniors, if we can reach some kind of understanding tant to be out here speaking on these start off that way, it is just going to regarding the procedure without losing concerns. get worse. my rights to the floor.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9508 CONGRESSIONAL RECORD — SENATE June 30, 1995 Senator WELLSTONE, and I think ap- It is no surprise when something The PRESIDING OFFICER. Objec- propriately—is right. I think at this comes to the floor and it is something tion is heard. point, the majority leader, as always, Senators had not read. If people voted Mr. WARNER. Mr. President, I have has an interest in moving forward on on only things they read around here it got to take a trip to examine—— this. I cannot imagine he would keep might be a lot better because we would Mr. BURNS. Objection. us from having a real vote and debate not have so many votes. But I suggest The PRESIDING OFFICER. Objec- on this amendment. So I will yield to we have reached a point where we are tion is heard. the Senator from Kansas. either going to pass this bill or we are Mr. WARNER. Flood damage in Vir- The PRESIDING OFFICER. The going to pull it down. That is going to ginia. Chair would say, the Senator from Illi- be up to the Senators from Illinois and The PRESIDING OFFICER. A nois cannot yield to the Senator from Minnesota. They have every right to do quorum call is in progress. Kansas. She can yield for a question or what they are doing. I do not quarrel— The clerk will continue the call of she can yield the floor. I do quarrel with the course they are the roll. Ms. MOSELEY-BRAUN. I yield the following, because I think it is going to The assistant legislative clerk con- floor. mean we are probably not going to pass tinued with the call of the roll. The PRESIDING OFFICER. Who this bill. It is not going to go to the Mr. DOLE. Mr. President, I ask unan- seeks recognition? President. imous consent that the order for the Mr. DOLE addressed the Chair. I do not want there to be any illusion quorum call be rescinded. The PRESIDING OFFICER. The Sen- we are going to jump on this bill as The PRESIDING OFFICER. Without ate majority leader is recognized. soon as we come back and give them objection, it is so ordered. Mr. DOLE. Mr. President, I thought all the time they want for debate. It is Mr. DOLE. Mr. President, a number we had been debating the amendments not going to happen. We are going to be of us, including the two leaders, have the last 2 hours. I have listened to de- on regulatory reform and we are going been trying to figure out some way to bate on the Low-Income Home Energy to stay on regulatory reform, and after accommodate those who have concerns Assistance Program and counseling that we will be on something else. And about this bill. But I do not think it is program and the job training program the longer we wait, the less money we going to happen. now for 2 hours. I do not know how save in this bill. Maybe that is the So I am going to propound a unani- much debate we need. I think every- strategy of the two Senators. If you mous-consent request, the two Sen- body understands precisely what the can wait until the end of the fiscal ators can object to that, and then I will issues are. year, we do not save any money. But ask for the regular order and put us I am prepared to offer the amend- neither do you help the victims in back on another bill. ment myself. I will offer the amend- Oklahoma City or the victims in Cali- Let me just say, I am not going to ment. I will offer it all in one amend- fornia or the victims in some 37 or 38 bring up the rescissions bill again until ment, move to table the amendment, other States who have been hit by dis- there is an agreement we will pass it and there will be a vote on the amend- asters. Nor do you, as pointed out by without any votes. We are trying to ac- ment, if that satisfies the Senator from the Senator from West Virginia and commodate the President of the United Minnesota and the Senator from Illi- the Senator from Oregon, the two ex- States. We are trying to accommodate nois. We want to bring this to a conclu- perts here on appropriations—in effect, the House, which passed this bill late sion. you are going to be hurting the people last night. More important, we are try- Again, let me repeat, I have a couple in your own States, in Illinois, Min- ing to accommodate people in Okla- of options. I understand the President nesota, Kansas, Montana, Washington, homa City who suffered a tremendous may be trying to reach you on the tele- New Hampshire, wherever, by frus- tragedy, and a lot of this money would phone. That is an option I had not trating and by delaying this bill. go to help in that area. We are trying thought of—because I can reach you I do not know how many Senators to accommodate the people in Cali- right on the floor. are left in town. I think that is prob- fornia who suffered earthquakes. We This has become the President’s bill. ably another strategy the two Senators are trying to accommodate people in 39 He is concerned about the people who have used. I hope there are 51. But if other States who have had disaster suffered in Oklahoma City. He is con- the two Senators will permit me to, I problems. cerned about the people who suffered in can offer an amendment, one amend- Here we are on the floor talking earthquakes in California—as he ment that would cover everything they about adding $5.5 billion, or x dollars, should be. I think there are 39 States have raised; have one vote. We would which can be done in later appropria- affected by disasters that are going to have low-income home energy assist- tions bills or supplementals. This de- be affected by this bill, and we are still ance, the counseling program, and job bate does not make any sense to me, going to save $9.2 billion. It is a $16 bil- training—have one vote on that. I and I have been around here a long lion bill; we spend about $6.8—but we would offer the amendment, then I time. still save about $9.2 billion. would move to table my own amend- Obviously, two Senators on a Friday I have one option, just to call for the ment. But you would have a vote. You before a recess can frustrate anything, regular order, which brings back the would have made your case. You would and they have discovered that, and I Comprehensive Regulatory Reform Act have fought for principle. And you may commend them for it, because now of 1995. The other option is just go out succeed. I am not certain. they know every time there is a recess, of here, adjourn, recess. I will not bring But my view is—I think the Demo- on a Friday, they can say ‘‘Oh, I can’t this bill up again until there is an cratic leader shares this view—we need let this pass, I feel strongly about agreement it will be brought up with- to move very quickly. We have had 21⁄2 this.’’ out any amendments and we will have hours. We have had a lot of debate. We all feel strongly about this, but a vote on it. There has been a lot of debate. I think ask somebody in Oklahoma City and But if the two Senators want to frus- all these amendments have been de- ask somebody in California or ask the trate their own President, I do not bated. I do not know why we need addi- President of the United States if we know why I should complain. Maybe I tional debate. should pass this bill, and he would say ought to be happy about it. Mr. President, I suggest the absence yes. But I am concerned. This whole thing of a quorum. We have dawdled around here for 3 should have been settled about 30 days The PRESIDING OFFICER (Mr. hours. All these things have been de- ago. We have been waiting 30 days, the COCHRAN). The clerk will call the roll. bated. It is obvious that the Senator White House has been negotiating with The legislative clerk proceeded to from Illinois and the Senator from the House and the Senate—it has not call the roll. Minnesota do not want anything to been in secret. Everybody has known Mr. WARNER. Mr. President, I ask happen. They can object. But do not it. It has been brought up in our cau- unanimous consent that the order for come around and say you want to bring cus. I am certain the Democrats dis- the quorum call be rescinded. the bill up after the recess. It is not cussed it in their caucus. Mr. BURNS. Objection. going to happen.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9509 Mr. President, I ask unanimous con- The PRESIDING OFFICER. The Apparently, they did not really want sent that it be in order for me to offer clerk will report. to vote on the amendments in the first an amendment to the pending bill for The legislative clerk read as follows: place. They had a chance to have a Senators WELLSTONE and MOSELEY- The Senator from Kansas [Mr. DOLE], for vote on all the amendments. We could BRAUN, the text of which restores the himself, Mr. JOHNSTON, Mr. HATCH, Mr. HEF- have had a vote, but after 3 hours of LIHEAP funding, adds back $5.5 billion LIN, Mr. NICKLES, Mr. ROTH, Mr. MURKOWSKI, wasted time, they did not want to vote for insurance counseling, $35 billion for Mr. BOND, Mr. GRASSLEY, Mr. COVERDELL, and they objected. They have that education, and restores $272 million for Mr. THOMPSON, Mr. CRAIG, Mr. BROWN, Mr. right. Job Training Partnership, and that THOMAS, Mr. KYL, Mr. BREAUX, Mrs. Mr. President, I suggest the absence HUTCHISON, Mr. ABRAHAM, Mr. GRAMS, and of a quorum. there be 10 minutes for debate divided Mr. LOTT, proposes an amendment numbered between Senators WELLSTONE and 1487. The PRESIDING OFFICER. The MOSELEY-BRAUN, at the conclusion of clerk will call the roll. Mr. DOLE. Mr. President, I ask unan- The assistant legislative clerk pro- which time the Senate will proceed to imous consent that reading of the vote; that the bill then be advanced to ceeded to call the roll. amendment be dispensed with. Ms. MOSELEY-BRAUN. Mr. Presi- third reading, and passed, the motion The PRESIDING OFFICER. Without to reconsider be laid upon the table, all dent, I ask unanimous consent that the objection, it is so ordered. order for the quorum call be rescinded. without intervening action. (The text of the amendment is print- The PRESIDING OFFICER. Is there Mr. DOLE. I object. ed in today’s RECORD under ‘‘Amend- Ms. MOSELEY-BRAUN. Mr. Presi- objection? ments Submitted.’’) Mr. WELLSTONE. Reserving the dent, I ask unanimous consent that the Mr. DOLE. Mr. President, this will be order for the quorum call be rescinded. right to object. First of all, let me, one the text which will be amended on more time, make it crystal clear, Mr. Mr. DOLE. I object. Monday, July 10. There will be two The PRESIDING OFFICER. Objec- President, that I have an objection to amendments. There will be votes, the characterization of discovering on tion is heard. starting at 5 o’clock on Monday. The clerk will call the roll. Friday that you can stall. I have been The assistant legislative clerk con- working on the Low-income Housing f tinued with the call of the roll. Energy Assistance Program for a long, THE RESCISSIONS BILL Ms. MOSELEY-BRAUN. Mr. Presi- long time, as each of my colleagues Mr. DOLE. Let me again state this, dent, I have a question that I would knows. This is a critically important so there will not be any misunder- like to propound, unless the—— issue to some of the most vulnerable standing by the Senators from Illinois The PRESIDING OFFICER. The Sen- citizens in my State of Minnesota, a and Minnesota. ator cannot conduct debate. cold weather State. The next time we bring up the rescis- Mr. DOLE. You cannot do that. Second of all, Mr. President, reserv- sions bill it will be by a unanimous- Ms. MOSELEY-BRAUN. I cannot ask ing the right to object, I want to make consent agreement, without any a question because you will not allow it very clear that when it comes to as- amendments, and with very little de- the quorum call to be called off. sistance for California and Oklahoma bate. They can continue to frustrate The PRESIDING OFFICER. The only City, in no way, shape, or form do I in- this Senate on a Friday afternoon all question in order is to ask that the tend to be held hostage to that, Mr. year long. That is fine with me, be- order for the quorum call be rescinded. President. We are all for that. cause I have to be here anyway. Ms. MOSELEY-BRAUN. I understand Mr. DOLE. I call for the regular I think they are doing a disservice to that. The majority leader objected to order, Mr. President. hundreds of thousands of people across that, so I cannot get to my question of Mr. WELLSTONE. Mr. President—— America to make a political point. the majority leader. Mr. DOLE. Regular order. They have that right. Everybody The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there makes political points on the Senate ator cannot proceed. objection? floor. And to say they are not making Ms. MOSELEY-BRAUN. I was just Mr. WELLSTONE. I object, Mr. a political point, I think, would be a checking. Thank you very much. President. The PRESIDING OFFICER. The stretch. The PRESIDING OFFICER. Objec- clerk will continue to call the roll. Where was all the debate when the tion is heard. The assistant legislative clerk con- conference report was passed? Where Mr. DOLE. I call for the regular tinued with the call of the roll. has been all the concern in the last few order. Ms. MOSELEY-BRAUN. Mr. Presi- days? These Senators know, as well, f dent, is there any way to inquire—— that this has been undergoing intense Mr. DOLE. Regular order. COMPREHENSIVE REGULATORY scrutiny with the White House, the The PRESIDING OFFICER. The only REFORM ACT Democratic and Republican leadership, thing in order is for the Senator to ask and they finally got together. The The PRESIDING OFFICER. The unanimous consent that the order for President says pass it. I read his state- clerk will report the underlying pend- the quorum call be rescinded. ments a couple of times, the statement ing business. Ms. MOSELEY-BRAUN. Is there any of the administration. way to find out when the majority A bill (S. 343) to reform the regulatory Two Senators can frustrate anything. process, and for other purposes. leader will not object to the quorum It is too late to file cloture; it is Friday call order being rescinded? The Senate resumed consideration of afternoon, which they knew. But that the bill. Mr. DOLE. Regular order. is their right. I do not want to take The PRESIDING OFFICER. The Sen- Mr. DOLE. I advise Members that any rights away from anybody. The ator is violating the rules of debate. there will be no more votes today. We day may come when they are trying to She cannot speak unless the quorum are back on regulatory reform. pass something on a Friday and some- call is rescinded. I have been given the authority by a body will jump up and say they cannot Ms. MOSELEY-BRAUN. I under- majority of members of the Judiciary do this. That is the way it goes from stand, but I was trying to propound a Committee and the Governmental Af- time to time. question to the Chair. I ask that the fairs Committee to withdraw the com- So I am disappointed. I apologize quorum call—— mittee reported amendments. that we could not pass this bill. I The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The apologize to the many people who will ator cannot proceed. amendments are withdrawn. be suffering in the interim because of The PRESIDING OFFICER. The AMENDMENT NO. 1487 the efforts by our colleagues. But I clerk will continue to call the roll. (Purpose: To provide a substitute) cannot change that. They have every The assistant legislative clerk con- Mr. DOLE. Mr. President, I send a right to do what they have done. They tinued with the call of the roll. substitute amendment to the desk and objected to the immediate consider- Ms. MOSELEY-BRAUN. Mr. Presi- ask for its immediate consideration. ation. dent, now?

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9510 CONGRESSIONAL RECORD — SENATE June 30, 1995 Mr. DOLE. Mr. President, regular about the cuts that directly affect peo- nance tax cuts that go in the main to order. ple’s lives. Sometimes, Mr. President, wealthy, high-income people. Cuts in The PRESIDING OFFICER. The Sen- we get into the statistics and numbers programs for dislocated workers, job ator cannot proceed. The only item in and we forget the faces. training, you name it. All in the name order is to ask that the quorum be re- I had voted for the rescissions pack- of tax cuts? We do not go after any of scinded. age passed out of the Senate earlier. I the subsidies for the oil companies but Ms. MOSELEY-BRAUN. Mr. Presi- voted against the conference report be- we cut low-income energy assistance? dent, I would do that. I was asking the cause of changes that had been made. We do not go after any of the military question, whether now is the time that It is no secret to any Senator in here contractors, any of the waste there, the motion to rescind the quorum call that I feel especially strongly, as do but we make cuts in low-income energy might possibly not be objected to. many other Senators feel very strong- assistance, job training programs for The PRESIDING OFFICER. Is the ly, about several programs—but it is kids, counseling programs for elderly Senator seeking consent to rescind the not programs. It is really about people. people, for consumer protection. call for the quorum? I spoke about the Low-Income Home To me it was unacceptable. Ms. MOSELEY-BRAUN. Mr. Presi- Energy Assistance Program, and I had I just want to respond to one or two dent, yes. an amendment and wanted to intro- points that the majority leader made, Mr. ASHCROFT. Mr. President, I ob- duce an amendment that would have and then I will conclude my remarks. ject. restored about a 20-percent cut in the This was not something just done on The PRESIDING OFFICER. The LIHEAP. In my State of Minnesota Friday. I just got this bill. I am not clerk will call the roll. there are 110,000 households and 300,000 going to be bulldozed over as a Sen- The assistant legislative clerk con- people who are depending on this. I ator. I want to look and see what is in tinued with the call of the roll. come from a cold weather State. It is a this piece of legislation. That is the re- Mr. ASHCROFT. Mr. President, I ask small grant, but for many people it is sponsible thing to do. And it certainly unanimous consent that the order for the difference between heating and eat- is true that those people, be they elder- the quorum call be rescinded. ing. ly people with disabilities, be they The PRESIDING OFFICER. Without I say to the Presiding Officer, the children, working poor people who are objection, it is so ordered. Senator from Idaho, because I know affected by low-income energy assist- f what kind of Senator he is and I think ance may not have all the clout and we respect each other whether we agree make all the money and make all the UNANIMOUS-CONSENT AGREEMENT or disagree, I met with people in their contributions, deserve representation Mr. ASHCROFT. Mr. President, I ask living rooms. I saw the fear in their here in the U.S. Senate. unanimous consent that the following eyes. I know how strongly these people The cuts, I believe, are unconscion- Senators be recognized to speak in the depend on this assistance, especially in able. So this was not something I just following order for the allotted times: such a cold weather State. And I said I come to on Friday. This has been a pri- Senator WELLSTONE, 10 minutes; Sen- would fight for these people, and that ority issue for me as a Senator from a ator MOSELEY-BRAUN for 10 minutes; is what I have done. Because what hap- cold weather State where many people Senator ASHCROFT for 10 minutes; Sen- pened last night in this final package is are affected by these cuts for a long, ator BYRD for 10 minutes. that we did not have the original Sen- long time. And will continue to be so. I further ask that following the con- ate version, but we cut it 20 percent, Second, I care fiercely about the as- clusion of Senator BYRD’s statement, some $315 million. sistance for people in Oklahoma and the majority leader be recognized to In addition, I fought for a counseling California. We will be back to this bill. speak and then proceed to various program for elderly people, to make We all know it. Of course, we will be wrap-up items that have been cleared sure they could not be ripped off. It back to this bill. And, of course, there by the two leaders. was consumer protection. This was will be relief, and I have voted for that Following those items, the Senate coverage that people asked for in addi- relief and will continue to do so. We all would stand in adjournment under the tion to Medicare, to fill in the gap. know we are going to be back on this provisions of Senate Concurrent Reso- Then I discovered there were some piece of legislation—and we must. I lution 20. additional cuts in dislocated worker hope there will be some discussion in The PRESIDING OFFICER. Without programs. The Senator from Illinois the meantime and we can work out objection, it is so ordered. spoke eloquently, of course, about a some reasonable compromise. Mr. ASHCROFT. Mr. President, I program she had worked on, just a Finally, I have the utmost respect for suggest the absence of a quorum. small amount of money for school in- the manager of the bill, the Senator The PRESIDING OFFICER. The frastructure, for kids. from Oregon, and certainly for the Sen- clerk will call the roll. So what I said today was I wanted ator from West Virginia. But as to The legislative clerk proceeded to the opportunity to go through this bill. what happens in the future, we cannot call the roll. I wanted an opportunity to talk about be bound by the priorities and the pa- Mr. WELLSTONE. Mr. President, I it. I wanted an opportunity to intro- rameters of what the House of Rep- ask unanimous consent that the order duce amendments. The first amend- resentatives is doing in these kinds of for the quorum call be rescinded. ment would have been offset, and I budget resolutions. We can make The PRESIDING OFFICER. Without gave examples of some of the waste in changes next year. I just simply tried objection, it is so ordered. the travel administrative budget in de- to say today, and I will say it over and f fense. That money would have been over again—I will shout it from the transferred so we would not have the mountain top, from the floor of the THE RESCISSIONS BILL same cut in the Low-Income Home En- Senate, if that is what is necessary— Mr. WELLSTONE. Mr. President, I ergy Assistance Program. that these are distorted priorities. To shall be very brief and will be followed I must say, Mr. President, looking at ask some of the most vulnerable citi- by the Senator from Illinois. this in a slightly larger context, I find zens in this country to tighten their Mr. President, let me try to give the it unconscionable. Really, what we belts when they cannot, to cut low-in- morning and part of this afternoon might be talking about, as we extend come energy assistance for people in some context. We had a bill, which was this rescissions bill into the future— my State, a cold weather State, and about 120 pages long, come over from this is a grim precedent of where we not even look for offsets? Not to re- the House at about 9 o’clock today. are going, since this is where the rub- store that kind of funding? That is un- This was the rescissions package voted ber meets the road. We could be seeing acceptable to me. on about 10 o’clock last night in the the cuts in the outyears for low-income So, I have no doubt that we will be House of Representatives. It is my real- energy assistance, for children, for edu- back on this. ly strong view as a Senator that it is cation, for counseling for seniors to My final point would have been that important to be able to review legisla- make sure they do not get ripped off by amendment, I would have on the tion, especially when we are talking with health insurance—all used to fi- first amendment talked about other

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9511 States, the number of people affected have and will continue to say that it is that we can achieve this glidepath rec- in Missouri, in Kansas, or in Minnesota wrong to take money away from job ognizing that investment in our people by low-income housing energy assist- training opportunities for our dis- is the single most important invest- ance, or Illinois. I would have laid out advantaged teenagers. I think it is ment we can make as Americans. some important data. I would have wrong to take money away from senior That I think is what this debate this talked about real people who are be- citizens who may need heating assist- morning was really about, or what we hind these statistics, and I would have ance. I think it is wrong to say we are hoped it would be about. I had hoped to talked about offsets. not going to start fixing up some of the offer two amendments. Senator But in all due respect to the majority schools that make it almost impossible WELLSTONE also had amendments. We leader to come out at the end and say: for students to learn. did not get that chance. But I know we I will roll them all into one amend- I also thought that while there are will have a chance to do so. I hope we ment and have 10 minutes and then some things about this bill that were will have a chance to do so on this leg- move to table—I do not legislate that good, that we could find the money to islation or some other legislation as we way. I do not know too many Senators take care of these priorities. go down this process, as we move to- who really find that acceptable when it I came to the Senate floor with Sen- ward adjournment. is the issue you have been working on ator WELLSTONE to try to offer some Mr. President, I say to my col- for the people you are trying to rep- amendments. But, as you know, the leagues, as we approach these issues, resent. procedures are sometimes convoluted; let us recognize that really we do have So I hope that we will be back on this the procedures are sometimes complex. an obligation to talk to one another bill right away, and we will go forward The bottom line result was that we and to try to work these issues out in with the discussion. I hope that we can were not given an opportunity to actu- a way that is fair to all Americans— work out a satisfactory agreement. In ally have a vote on our amendments in not just some Americans, but every any case, I intend to keep on speaking the context of the amendment process, American—including those who do not and keep on fighting, not with malice, and the bill was pulled. have the wherewithal to weigh in with not with bitterness, but with dignity, I thought we could go to the bill. I lobbyists and the like. and face the policy that I honestly be- think Senator WELLSTONE is right, that I thank the Chair very much, and I lieve in. the bill will come back, that we will yield the floor. I yield the floor. have another shot at it at some point Mr. ASHCROFT addressed the Chair. Ms. MOSELEY-BRAUN addressed the in time if, indeed, this is the will of the The PRESIDING OFFICER. The Sen- Chair. leadership. I certainly did not want— ator from Missouri is recognized for 10 The PRESIDING OFFICER. The Sen- and I know Senator WELLSTONE did not minutes under the previous unanimous ator from Illinois. want—to annoy anybody or to put any- consent order. Ms. MOSELEY-BRAUN. Thank you body out or to impair anybody’s plans Mr. ASHCROFT. I thank the Chair. very much. for vacation. But we have a responsi- f Mr. President, this morning has been bility, it seems to me, to do everything difficult for all of us. But I have to say that is within our power to speak to THE RESCISSIONS BILL that particularly when some of the the ideas that get floated around here Mr. ASHCROFT. Mr. President, I am pages came over and spoke to me a as legislation. pleased to have this opportunity to while ago, I could not help but be re- I think this is one of those critical make comments about the rescissions minded of how it is, particularly in this moments, as we start the debate of bill which has been before us but which U.S. Senate, in this legislative body, what kind of march are we going to has been withdrawn from consideration that one person really can make a dif- take down that road to deficit reduc- as a result of the unwillingness on the ference. tion, we must also engage in the debate part of the Senator from Illinois and And if a person, a Senator, cares of how are we going to march down the Senator from Minnesota to allow deeply about something, then that Sen- that road? Are we going to march down amendments to be voted on. ator has the right and the opportunity that road together, as Americans with Just moments ago, the Senator from to make the case, to make a point, and a shared sacrifice and everybody pitch- Illinois said that there were amend- to raise the issue. Sometimes in raising ing in, or are we going to march down ments which she had prepared which the issue, it results in change. Some- that road stepping on the backs of the she hoped she would have the oppor- times it does not. But certainly, rais- feet of the teenagers, the senior citi- tunity to submit. I recall this morning ing the issue is of primary and critical zens, the poor, the vulnerable, and the having listened to the leader ask spe- importance. people who cannot necessarily speak cifically that amendments be sub- I have not been here long enough. for themselves? mitted. He asked not only that the But, at the same time, I am a Senator, I tell you, Mr. President, that I be- Senator from Illinois submit amend- and I was elected by my State. I am lieve what happened here this morning, ments for consideration but asked that called on to be the voice for the people I hope that what happened here this the Senator from Minnesota submit who sent me here, and to stand up for morning, will help to shape the debate amendments for consideration. Over interests and concerns of the voters about how we go about achieving def- and over again, they would deny that and citizens of my State. icit reduction and how we get on that they wanted to submit amendments; I believe that it is of real importance glidepath to a balanced budget; and they would refuse to submit amend- to raise the fact that the decisions in that, in having come out here and exer- ments. this bill represent misplaced priorities, cised our rights as legislators, that Then I saw the leader, the majority that it ought to have been changed, Senator WELLSTONE and I reached our leader, come to this podium and say I and that the priorities represented colleagues on the television sets in have heard the debate and I will craft ought to have been changed. I mean no their offices, or wherever they are an amendment which will reflect the disrespect to my colleagues on the right now, that we reached some people concerns of the Senator from Illinois committee who came up with this com- to suggest that as we go down that and the Senator from Minnesota, and I promise—I know they worked hard and path, we have to go down that path in will submit that amendment so that we I know they felt strongly and feel a way that recognizes that our future can have a vote so that the Senate can strongly about the particulars in this as Americans is inextricably wound to- express itself in regard to the amend- bill. But if anything, that is what legis- gether and that we cannot, we must ment, if I can have unanimous consent lation represents—ideas. That is what not, take more sacrifice from one to do that. it is. It is an idea. If the idea has a flaw group than another; that the contribu- The objections which were heard in in it, then I think it is our obligation tions ought to be based on the ability this Chamber at that time were the ob- to get up and say there is something to contribute; that we do not call on jections from the very Senators who wrong with it. people who are already hanging on by now say they were deprived of an op- That is why I came to the floor this their fingernails, call on the least able portunity to forward such concerns and morning with Senator WELLSTONE. I in our society to give the most; and have a vote on their concerns.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9512 CONGRESSIONAL RECORD — SENATE June 30, 1995 I find that to be confusing, and it is bill if the bill were to be presented to Eventually, if we are going to do troublesome because every effort was him. what the people of this great Nation made and every deference was given to When the Senator from Illinois sent us here to do—and that is to get those individuals in this Chamber to talked about job training, I wonder if Government under control—we are at submit their own amendments. she was referring to the fact that $120 least going to have to look carefully at Then absent their own capacity to million was restored in this bill in the programs, the need for which is no submit their amendments, the major- area of job training and that there was longer existent but which grow as a re- ity leader generously offered to formu- $102 million in community develop- sult of the fact that bureaucrats who late and submit an amendment in their ment block grants, and that this meas- want to buy the favor of citizens con- behalf so that there could be a vote re- ure as a matter of fact had $39 million tinue to build and build and build the as an increase in the 1995 appropria- flecting those concerns, and they sim- programs. ply refused to allow those concerns to tions in miscellaneous housing, com- be reflected in an amendment. munity and education programs. Mr. President, we have had today an I want the RECORD to be clear on Well, I could go on and on. Much was opportunity which is sorely missed— this. Mr. President, the majority leader said this morning about a general who missed because there are those who made the opportunity clear and made had spent $100,000 moving an airplane would have, they said, improved the fu- it expansive for amendments to be pro- and asking that he be transported, and ture for our children. I do not think vided here. No amendments were of- I do not think we ought to have gen- maintaining debt improves the future fered. erals abusing air travel privileges. for America. Virtually every child born Second, when the majority leader That is why I think we ought to sup- today faces interest payments on the himself offered in their behalf an port this rescissions bill. This rescis- Federal debt of nearly $200,000 over amendment and needed unanimous sions bill cuts $375 million in Govern- their lifetime. We must not saddle the consent in order to so do, they objected ment administration travel. We need to yet unborn children whose wages are to that amendment. cut that. We need to delete that. And yet unearned with the burden, the in- It is clear to me that the opportunity yet under the guise of complaining credible burden of that kind of weight, for amending the rescissions package about travel abuses we have stopped a weight in interest costs on the Fed- was thorough and substantial, and that the consideration of a bill which would eral debt. the majority leader bent over back- cut $375 million in Government admin- We must get it under control. It is wards in order to make those concerns istrative travel. time for us to curtail the $4.9 trillion not available as opportunities but to I believe that the efforts have been debt of this country, and the first step, put them in a position and posture counterproductive in this Chamber the step agreed to by the House in an whereupon they could be voted. But today. I believe that they have failed the objection to that procedure was, in to achieve the purposes which they overwhelming vote, agreed to by the fact, made by those individuals who have stated—as a matter of fact, they President of the United States, agreed had later protested that they had not have turned in on themselves. And the to by the leadership of the Senate, was had the opportunity. very things they said they sought to to make the $9.3 billion downpayment Let me just say that we have worked assist—job training, cutting abuses, of rescissions. travel abuses in the administration—as on this issue since early this morning, It has been said loudly and some- a matter of fact, would have been ad- and that the rescissions bill is a bill, times very sincerely that we maybe did dressed in this rescissions bill, but we the content of which is well known. In not need a balanced budget amend- were simply denied the opportunity to general, it restores $772 million of pro- consider them today. ment. We simply needed to have the ca- posed rescissions and cuts an addi- They talked about LIHEAP, the en- pacity to balance the budget. I wonder tional $794 million in the fiscal year ergy program. What we really need to about our capacity. If we do not have 1995 appropriations, for a total rescis- talk about today is the fact that we the ability and discipline when we sions of $16.4 billion. It passed the must make progress toward bringing come to a negotiated conclusion about House by a vote of 276 to 151. Government spending into balance what can be done, what ought to be The suggestion by individuals in this with Government resources, and in done to restrict spending, even by a Chamber that you could not know what order to do that we are going to have small amount like $9.3 billion as it re- was in this bill, that there had been in- to make some cuts. We are going to lates to the trillion dollar budget of adequate information or time for con- have to make some adjustments. this country, I wonder if we have much sideration, I do not believe, is an accu- We are looking at the Fourth of July. opportunity for success. rate suggestion. That is Independence Day. We should So I heard the debate this morning, The restored funding included $225 be thinking about legislation in the the debate of apologies between indi- million for safe drinking water, $105 context of independence. We should be viduals about, oh, it was terrible that million to the so-called AmeriCorps thinking about legislation in the con- we had to rescind these funds. I am volunteer program. That is what it text of freeing ourselves from debt. costs us just in this bill in increased This was an opportunity to free our- here to say that I do not apologize for funding over our previous effort at re- selves from expenditures totaling $9.3 rescinding funds, funds that we can no scissions to support the President’s so- billion, with a consensus reached by longer spend at the expense of the next called volunteer program in which he House leaders, by Senate leaders, by generation. It is time for us to be seri- pays each volunteer $15,000 a year. Of the White House, some way that we ous about curtailing the debt of the course, then it requires a $15,000 com- could begin to get a handle on the def- United States of America to save the mitment to the bureaucracy to support icit, and we were refused. next generation and their opportuni- that volunteer program. One of the reasons is there is no will- ties. There was $220 million in safe/drug ingness to cut the so-called LIHEAP Independence Day is but a few days free schools restored funding in this re- program. Let us look at what LIHEAP away. Unfortunately, independence scissions package; $120 million in edu- represents. from debt is not that close, but it is cation and job training that was re- Back in the 1970’s, when energy time for us to make a beginning. stored in this rescissions package over prices more than doubled, there was a the previous rescissions package. special program to take the sting out Mr. President, happy Fourth of July. It was interesting to hear objection of the massive increase in energy costs. The PRESIDING OFFICER. Thank raised that we are somehow depriving This was a special program to help peo- you very much. The Senator’s time has opportunities for job training, and the ple buy fuel oil for their homes. The expired. Senator from Minnesota said this was price for energy now has gone below an unconscionable bill. I wonder if that where it was before the crisis. And yet Mr. BYRD addressed the Chair. is the way he views his President’s rec- while the energy price has gone down, The PRESIDING OFFICER. The Sen- ommendation that this bill be passed the LIHEAP program has gone up and ator from West Virginia is recognized and assurance that he would sign the up and up. for 10 minutes.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9513 COMMENDING SCOTT BATES ON 25 And he gets by with it. Nobody quar- While Bob McCormick’s accomplish- YEARS OF SERVICE TO THE SEN- rels about it. Nobody criticizes this ments are too numerous to specifically ATE man for calling other people names. mention all of them, I would like to Mr. BYRD. Mr. President, I thank Of course, the calling of the roll is highlight a few of his major achieve- the Chair. I rise to commend Scott only one small part of Scott’s many ments. He directed the installation of a Bates, our legislative clerk, on his out- duties and responsibilities, and he han- state-of-the-art digital telephone standing 25 years of service to the U.S. dles them all with aplomb and dignity. switch and sets for Washington, DC, of- Senate. To one of the very best of the many fices in 1986–87. Soon thereafter, he fine individuals who serve their coun- Scott Bates began his career in oversaw installation of the try with distinction as dedicated em- Washington as a summer intern in the FaxXchange system; the Senate Voice ployees of this body, I extend my bill clerk’s office under Senator John Mail System; and the Cloakroom and heartiest congratulations on 25 years L. McClellan’s patronage in 1970. It was Sergeant at Arms Group Alert systems of outstanding service. the beginning of a most auspicious that are integrated into the telephone Along with the Members of the Sen- match for both Scott and the Senate. system. In 1993, he was given responsi- ate and the legislative floor staff of the From the beginning, politics was in bility for the U.S. Capitol Police Radio Office of the Secretary of the Senate, Scott’s blood. His father, Paul Bates, System and for the Senate’s data com- among whom Scott Bates is perceived served as a member of the Arkansas munications network. Under his lead- as a leader and as a teacher, I express Legislature. Scott loved politics in ership, the Capitol Police radio system my hope that he will continue his fine school, and he served as a page in both has been upgraded. Senate data com- work with the Senate for many more the house and the senate of the Arkan- munications are being transmitted by years to come. sas Legislature. the faster, reliable, and less expensive Mr. President, frame relay service. In 1975, Scott first began working at It isn’t enough to say in our hearts During his directorship, he has nego- the Senate desk where he has contin- That we like a man for his ways; tiated approximately a 50-percent re- ued working ever since. His contribu- Nor is it enough that we fill our minds duction in Senate long-distance per- tions to this body and to its workings With psalms of silent praise; minute rates—for both Washington, have been many and notable. Nor is it enough that we honor a man DC, and State offices. He has also As the bill clerk of the Senate, Scott As our confidence upward mounts; achieved substantial savings in the was instrumental in developing the As going right up to the man himself And telling him so that counts. cost of data communications by con- first automated recordkeeping system verting to the frame relay network. in the Senate, later known as LEGIS. Then when a man does a deed that you really admire, There is a saying that when goodness Scott Bates established the current Don’t leave a kind word unsaid. and skill work together, expect a mas- method used here in the Senate for For fear to do so might make him vain terpiece. Bob McCormick is a master- numbering amendments, and he has And cause him to lose his head. piece. Not only has he been a model left his innovative mark on much of But reach out your hand and tell him, ‘‘Well done.’’ public servant, but also he is a devoted the printed material used on the Sen- husband, father, and grandfather. He is ate floor to aid us in our work, from And see how his confidence swells. It isn’t the flowers that we strew on the an active member of church and com- rollcall tally sheets to the Senate cal- grave, munity organizations in Queen Anne’s endar. It’s the word to the living that tells. County, MD, where he and his wife, Although public service in general Mr. President, I yield the floor. I sug- Mary Ann, live on a farm. and careers in Washington have fallen gest the absence of a quorum. I ask my colleagues to join me in out of favor, I believe that Scott Bates’ The PRESIDING OFFICER. The thanking Bob McCormick for his years life and work experience present a clerk will call the roll. of public service and wishing him well compelling case against the current The assistant legislative clerk pro- on his retirement. cynicism about the many fine people ceeded to call the roll. f who serve here in the Congress in var- Mr. DOLE. Mr. President, I ask unan- ious capacities. Their names are never imous consent that the order for the TRADE NEGOTIATIONS WITH in the papers. They experience few pub- quorum call be rescinded. JAPAN lic kudos, and yet they work as long The PRESIDING OFFICER. Without Mr. DOLE. Mr. President, victory hours, probably longer, than we do. objection, it is so ordered. was declared on Wednesday in the They are dedicated, capable, patriotic Mr. DOLE. Mr. President, I have a se- trade negotiations with Japan. But I individuals who represent the best that ries of short statements that I would think a lot of Americans are wondering America produces from all over this like to make. I know the hour is late. ‘‘in favor of which side?’’ Nation. f A lot of Americans are wondering ex- Scott Bates is a fine example of what actly what did the United States get I am talking about. He was born and TRIBUTE TO ROBERT W. after years of tough talk and threats? MCCORMICK grew up in Pine Bluff, AR, where his A closer look reveals that after 21⁄2 parents, Paul and Mae Bates, still re- Mr. DOLE. Mr. President, I rise years of negotiations, the final agree- side. As a lad, he participated in the today with great pleasure to honor a ment is vague, unenforceable, non- Boy Scouts, achieving the high honor dedicated public servant on the occa- binding—in short, it is virtually of Eagle Scout. He went farther than I sion of his retirement. Mr. Robert W. empty. went in the Scouts. McCormick, Director of the U.S. Sen- Mr. President, Japanese car manufac- Scott personifies what we politicians ate Telecommunications Department, turers apparently promised to increase like to refer to as ‘‘family values.’’ He has more than 38 years’ experience in production at their transplant oper- has always been active in his church the field of telecommunications. He ations in the United States. But for the and has been married to his wife, served 26 years active duty in the U.S. most part, the promised increases may Ricki, for 20 years this July. Scott and Army, including 13 years with the be no more than what was already Ricki have three wonderful children— White House Communications Agency planned. It is hard to see why the Lisa, Lori and Paul. under four Presidents. During his more threat of a major trade war was nec- As all of us know, one of Scott’s offi- than 12 years as Director of the Senate essary to persuade the Japanese to do cial duties as legislative clerk is to call Telecommunications Department, what they already had announced. the roll of the Senate during votes and serving under seven Sergeants at Arms, Mr. President, the U.S. negotiators during quorum calls. To his young son, Bob McCormick has been responsible claimed to have reached landmark Paul, this is obviously the most fas- for the planning, research, testing, and agreements in the areas of auto parts cinating part of his dad’s work. When delivery of telecommunications equip- and dealerships. But the Japanese im- once asked what his father did for a ment and services for all Washington, mediately issued disclaimers, empha- living, young Paul responded: ‘‘My dad DC, Senate offices, and the approxi- sizing that any commitments were not calls other people names.’’ mately 400 State offices. government commitments, carry no

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9514 CONGRESSIONAL RECORD — SENATE June 30, 1995 government backing, and are not en- around the country to testify in March AMERICA’S 219TH BIRTHDAY forceable. of this year, and who held an all-day Mr. DOLE. Mr. President, next Tues- The U.S. negotiators announced an hearing in April with Dr. Lee Brown, day, in homes, neighborhoods, and estimate of expected increases in sales the White House drug czar. communities across the country, of auto parts under the agreement. In- Mrs. Reagan testified that we have to Americans will celebrate Independence credibly, the Japanese negotiator then get back on track, and she was right. Day. specifically disavowed the United The fact is that drug use fell each year And since the Senate will not be in States estimate. He said the United of the Reagan administration, and up session on America’s birthday, I want- States estimate was shared ‘‘neither by until 1992, it continued to fall. For ex- ed to take a minute today to share the minister himself nor by the govern- ample, monthly cocaine use dropped some very meaningful words with my ment of Japan.’’ from 2.9 million users in 1988 to 1.3 mil- colleagues. Mr. President, it makes one wonder, lion in 1992. Overall drug use dropped The words are not mine. Rather, they who were we negotiating with? One re- from 22.3 million users in 1985 to 11.4 were first written in 1955, as a public port this morning states that some million users in 1992. relations advertisement for what is Japanese officials ‘‘expressed amaze- Drug use has gone up with 17 and 18 now the Norfolk Southern Corp. The ment that the U.S. accepted the final year olds, 15 and 16 year olds, 13 and 14 words have been updated slightly since deal.’’ year olds. Now we are spending less on that time, and they eloquently encom- Is this the ‘‘specific, measurable, con- drug interdiction programs in this ad- pass what America is all about. crete’’ deal the President promised? ministration. If the estimated increases in parts I was born on July 4, 1776, and the Declara- purchases fail to occur, there are no But, as Congressman Zeliff’s hearings tion of Independence is my birth certificate. highlighted, drug use since 1993 has The bloodlines of the world run in my veins, consequences. If the number of dealer- because I offered freedom to the oppressed. I ships does not increase, Japan faces no been steadily rising. A 1994 survey of 51,000 kids showed use of LSD, non-LSD am many things, and many people. I am the penalties. If the United States esti- Nation . . . mates in any of these categories do not hallucinogens, stimulants, and mari- I am Nathan Hale and Paul Revere. I stood materialize—well, the Japanese never juana all up. Cocaine street prices con- at Lexington and fired the shot heard around acknowledged those United States esti- tinue to fall, while cocaine emergency the world. I am Washington, Jefferson, and mates in the first place. And a joint room admissions are at historically Patrick Henry. I am John Paul Jones, the United States-Japan statement adds high levels. In 1994, twice the number Green Mountain Boys and Davy Crockett. I am Lee and Grant and Abe Lincoln. the ultimate qualifier: Both sides of 8th graders were experimenting with marijuana than in 1991, and daily use I remember the Alamo, the Maine and agreed to recognize that ‘‘changes in Pearl Harbor. When freedom called I an- market conditions may affect the ful- by seniors was up 50 percent between swered and stayed until it was over, over fillment of these plans.’’ December 1993 and December 1994. there. I left my heroic dead in Flanders Mr. President, the bottom line is During his hearings, Congressman Fields, on the rock of Corregidor, on the that this agreement does very little, if Zeliff also turned up these disturbing bleak slopes of Korea, and in the steaming anything, to address the continuing facts: jungles of Vietnam. I am the Brooklyn Bridge, the wheat fields problem of market access in Japan. First, the head of DEA, Adminis- of Kansas, and the granite hills of Vermont. After this agreement is in place, Japan trator Constantine, admitted that ex- I am the coalfields of the Virginias and will remain the most closed major in- ploding drug use in this country and Pennsylvania, the fertile lands of the west, dustrial economy in the world. Japan international drug cartels should be the Golden Gate and the Grand Canyon. I am will remain a sanctuary economy with seen as our No. 1 national security Independence Hall, the Monitor and the the lowest level among all industrial threat. Administrator Constantine also Merrimac. nations of import penetration across admitted that rising casual drug use I am big. I sprawl from the Atlantic to the numerous industry sectors. Pacific . . . my arms reach out to embrace among U.S. kids is a timebomb waiting Alaska and Hawaii. Three million square This agreement does nothing to ad- to explode. miles throbbing with industry. I am millions dress the continuing problem of Japa- Second, the President’s interdiction of farms. I am forest, field, mountain and nese cartel-like behavior in their home coordinator, Admiral Kramek, admit- desert. I am quiet villages—and cities that market. It does nothing to address the ted that his office, which is supposed to never sleep. restrictive business practices that ef- coordinate the whole Nation’s drug You can look at me and see Ben Franklin fectively block United States compa- interdiction effort, has just six full- walking down the streets of Philadelphia with his breadloaf under his arm. You can nies from penetrating the Japanese time employees—and that the adminis- market. And it does nothing to encour- see Betsy Ross with her needle. You can see tration’s interdiction effort has been the lights of Christmas, and hear the strains age, not to mention require, the Japa- cut for 3 straight years. of ‘‘Auld Lang Syne’’ as the calendar turns. nese Government to take any action Third, officials at the DEA, the I am Babe Ruth and the World Series. I am against those practices. President’s interdiction coordinator, 110,000 schools and colleges, and 330,000 Mr. President, we went to the brink and the head of U.S. Customs all sug- churches where my people worship God as of a trade war with one of our most im- they think best. I am a ballot dropped in a gest that President Clinton’s drug portant trading partners and would up box, the roar of a crowd in a stadium, and strategy is not fulfilling stated expec- with vague promises that cannot be en- the voice of a choir in a cathedral. I am an tations. forced. I hope this is not a model for fu- editorial in a newspaper and a letter to a Fourth, the General Accounting Of- congressman. ture efforts to get tough against closed I am Eli Whitney and Stephen Foster. I am foreign markets. fice has released a report confirming that the administration’s anti-drug Tom Edison, Albert Einstein, and Billy f Graham. I am Horace Greeley, Will Rogers, strategy in the source countries is and the Wright brothers. I am George Wash- HEARINGS REVEAL CLINTON DRUG badly managed, poorly coordinated ington Carver, Jonas Salk, and Martin Lu- STRATEGY FAILING among agencies, and holds low priority ther King. Mr. DOLE. Mr. President, Congress- in key embassies, including the U.S. I am Longfellow, Harriet Beecher Stowe, man BILL ZELIFF has just held 2 days of Embassy in Mexico—despite the fact Walt Whitman and Thomas Paine. outstanding hearings on the Presi- that 70 percent of the cocaine coming Yes, I am the Nation, and these are the things that I am. I was conceived in freedom dent’s national drug control strategy. I into the United States comes over the border with Mexico. and, God willing, in freedom I will spend the think those hearings were very impor- rest of my days. tant, and the American people ought to Mr. President, I want to commend May I possess always the integrity, the know what Congressman ZELIFF and Chairman Zeliff for convening these courage, and the strength to keep myself un- his National Security Subcommittee important hearings. The hearings are a shackled, to remain a citadel of freedom, and discovered. wake-up call to all of us in Congress a beacon of hope to the world. You may remember that it was BILL that we must regain the offensive and Mr. President, I know all Senators ZELIFF who invited Nancy Reagan and renew our commitment to the war on join with me in wishing America a a number of other drug experts from drugs. happy 219th birthday.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9515 REVIEW OF 104TH CONGRESS This is just a partial list of legisla- S. 652, Telecommunications. Mr. DOLE. Finally, Mr. President, we tion we have passed this session. All in S. 735, Terrorism. S. 962, Extension, Middle East Peace Fa- have now completed 6 months work in all, not a bad start. And let me assure the American peo- cilitation. the U.S. Senate and the Congress. S. Con. Res. 67, FY96 Budget Resolution Mr. President, as we prepare to re- ple it is just that. A start. Republicans Conference Report. turn to our States for the July 4 recess, know we have much to do before the Mr. DOLE. Mr. President, I might I wanted to take just a minute to re- end of this first session. add, that list does not include many of view the last 6 months, and to look This includes regulatory reform. Wel- the nominations we have acted on, too. ahead to the 6 that remain in this year. fare reform. A tough anticrime bill. A When Republicans asked Americans congressional gift ban and lobby re- f to put Congress under new manage- form. And the appropriations bills, ment for the first time in 40 years, Mr. which will offer final proof that we are MORNING BUSINESS President, we promised that we were a serious about balancing the budget. Mr. DOLE. Mr. President, I ask unan- different way of doing business. We And speaking of that, we have not imous consent there be a period for the promised we would not stand for the given up on passing the balanced budg- transaction of morning business not to status quo. We promised we would et amendment. exceed 10 minutes each. bring change to Capitol Hill. Teddy Roosevelt once said that ‘‘the The PRESIDING OFFICER. Without We have kept those promises. We best prize life has to offer is the chance objection, it is so ordered. have kept our word. We have brought to work hard at work worth doing.’’ I change to Capitol Hill. guarantee to my colleagues that over f One change we brought was in our the next 6 months we’ll have an oppor- work load. In past sessions, Congress tunity to win that best prize, because MESSAGES FROM THE PRESIDENT would convene in January, and then we will continue to work hard at work Messages from the President of the take it easy for a month or two. This worth doing. The American people de- Congress put an end to that. We hit the United States were communicated to serve no less. the Senate by Mr. Thomas, one of his ground running. Mr. President, I ask unanimous con- From January 5 through June 28, the secretaries. sent that a listing of some of the im- Senate has been in session for 106 days, meeting for a total of 933 hours and 52 portant legislation adopted by the Sen- f minutes—that is 21 more days and ate this session be printed in the nearly 350 more hours than the Senate RECORD following my remarks. EXECUTIVE MESSAGE REFERRED spent in session from January 5 There being no objection, the list was As in executive session the Presiding through June 30, 1993—the first 6 ordered to be printed in the RECORD, as Officer laid before the Senate messages months of the fist session of the 103d follows: from the President of the United Congress. BILLS CONSIDERED AND PASSED IN THE SENATE States submitting sundry nominations What has the Senate accomplished in (104TH CONGRESS) which were referred to the appropriate that time? Well, one thing we have not H.R. 1(S. 2), Congressional Accountability. committees. H.R. 421, Alaska Native Claims Settlement. done is pass more legislation than the (The nominations received today are previous Senate. And that is a good H.R. 483, Medicare Select. H.R. 517, Chacoan Outliers Protection Act. printed at the end of the Senate pro- thing. Because the people did not send H.R. 831, Self-Employed Health Insurance. ceedings.) us here to pass more laws that mean H.R. 889, Emergency Supplemental and more regulations and more Govern- Recissions. f ment. They sent us here to rein in the H.R. 956, Common Sense Legal Reform. Federal bureaucracy, and to return H.R. 1158, Emergency Supplemental/Dis- REPORT OF PROPOSED LEGISLA- power to States, to communities, and aster Relief. TION ENTITLED ‘‘THE SAVING to the people. H.R. 1240, Sex Crimes Against Children LAW ENFORCEMENT OFFICERS’ And that is exactly what we have Prevention Act. LIVES ACT OF 1995’’—MESSAGE H.R. 1345, D.C. Financial Responsibility done. and Management Act. FROM THE PRESIDENT—PM 60 we began by leading by example, H.R. 1380, Truth in Lending. The PRESIDING OFFICER laid be- passing the Congressional Account- H.R. 1421, Statute References and Jurisdic- fore the Senate the following message ability Act, which will subject Con- tional Changes. from the President of the United gress to the same laws we impose on S. Con. Res. 13, Budget Resolution (Domen- States, together with an accompanying everybody else. ici). We put an end to the practice of S. 1, Unfunded Mandates. report; which was referred to the Com- sending Federal mandates to our S. 4, Line Item Veto. mittee on the Judiciary. States and local Governments, but not S. 103, Lost Creek Land Exchange Act. S. 178, Reauthorization Act of 1995. To the Congress of the United States: sending along the money to pay for S. 184, Rare Disease Research Act. Today I am transmitting for your im- them. S. 219, Regulatory Transition. mediate consideration and passage the We passed the Paperwork Reduction S. 244, Paperwork Reduction Act. ‘‘Saving Law Enforcement Officers’ Act, which will help to reduce redtape. S. 257, Veterans of Foreign Wars (South Lives Act of 1995.’’ This Act would We passed the line-item veto legisla- Korea). limit the manufacture, importation, tion, which will result in the reduction S. 268, Triploid Grass Carp Certification In- spections. and distribution of handgun ammuni- of unnecessary Federal spending. tion that serves little sporting purpose, We took the first step to reforming a S. 273, Amend Section 61h–6, of Title 2, U.S. but which kills law enforcement offi- civil litigation system that is out of Code. S. 349, Navajo-Hopi Relocation Housing cers. The details of this proposal are balance, out of control, and out of com- Program. described in the enclosed section-by- mon sense. S. 377, Elementary/Secondary Education In the wake of the terrible tragedy in section analysis. (Indian Education). Existing law already provides for Oklahoma city, we moved quickly to S. 395, Alaska Power Administration. pass antiterrorism legislation. Legisla- S. 440, National Highway System Designa- limits on ammunition based on the spe- tion that we can be just as proud of 10 tion Act. cific materials from which it is made. years from now, as we are today, and S. 441, Indian Child Protection and Family It does not, however, address the prob- legislation that included historic ha- Violence Protection. lem of excessively powerful ammuni- beas corpus reform. S. 464, Reporting Deadlines. tion based on its performance. We passed a telecommunications bill S. 510, Native Americans Programs Act Criminals should not have access to (Reauthorization). handgun ammunition that will pierce that reduces Government interference S. 523, Colorado River Basin Salinity Con- in that fast growing industry. trol Act. the bullet-proof vests worn by law en- And, of course, we passed a historic S. 532, Clarifying Rules Governing Venue. forcement officers. That is the stand- budget resolution that sets America on S. 534, Interstate Transportation Solid ard by which so-called ‘‘cop-killer’’ a 7 year path to a balanced budget. Waste. bullets are judged. My proposal would

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9516 CONGRESSIONAL RECORD — SENATE June 30, 1995 limit the availability of this ammuni- S. 962. An act to extend authorities under ding Results and Competition’’; to the Com- tion. the Middle East Peace Facilitation Act of mittee on Energy and Natural Resources. 1994 until August 15, 1995. The process of designating such am- f munition should be a careful one and ENROLLED BILL SIGNED should be undertaken in close consulta- At 1:52 p.m., a message from the REPORTS OF COMMITTEES tion with all those who are affected, in- House of Representatives, delivered by The following reports of committees cluding representatives of law enforce- Mr. Hays, one of its reading clerks, an- were submitted: ment, sporting groups, the industries nounced that the Speaker has signed that manufacture bullet-proof vests the following enrolled bill: By Mr. MURKOWSKI, from the Committee on Energy and Natural Resources, with an and ammunition, and the academic re- S. 962. An act to extend authorities under amendment in the nature of a substitute: search community. For that reason, the Middle East Peace Facilitation Act of S. 638. A bill to authorize appropriations the legislation requires the Secretary 1994 until August 15, 1995. for United States insular areas, and for other of the Treasury to consult with the ap- The enrolled bill was signed on June purposes (Rept. No. 104–101). propriate groups before regulations are 30, 1995, by the President pro tempore f promulgated. The legislation also pro- (Mr. THURMOND). vides for congressional review of the EXECUTIVE REPORTS OF proposed regulations before they take At 3:01 p.m., a message from the COMMITTEES effect. House of Representatives, delivered by This legislation will save the lives of Ms. Goetz, one of its reading clerks, an- The following executive reports of law enforcement officers without af- nounced that the House has agreed to committees were submitted: fecting the needs of legitimate sporting the following concurrent resolutions, By Mr. THURMOND, from the Committee enthusiasts. I urge its prompt and fa- without amendment: on Armed Services. Vicent Reed Ryan, Jr., of Texas, to be a vorable consideration by the Congress. S. Con. Res. 19. Concurrent resolution to Member of the Board of Directors of the Pan- correct the enrollment of the bill H.R. 483. WILLIAM J. CLINTON. ama Canal Commission. THE WHITE HOUSE, June 30, 1995. S. Con. Res. 20. Concurrent resolution providing for a conditional recess or adjourn- (The above nomination was reported f ment of the Senate on Thursday, June 29, with the recommendation that he be REPORT ON PROGRESS CON- 1995, or Friday, June 30, 1995, until Monday, confirmed, subject to the nominee’s CERNING EMIGRATION LAWS July 10, 1995, and a conditional adjournment commitment to respond to requests to AND POLICIES OF THE RUSSIAN of the House on the legislative day of Friday, appear and testify before any duly con- FEDERATION—MESSAGE FROM June 30, 1995, until Monday, July 10, 1995. stituted committee of the Senate.) THE PRESIDENT—PM 61 The message also announced that the House agrees to the report of the com- f The PRESIDING OFFICER laid be- mittee of conference on the disagreeing fore the Senate the following message INTRODUCTION OF BILLS AND votes of the two Houses on the amend- from the President of the United JOINT RESOLUTIONS ment of the Senate to the bill (H.R. States, together with an accompanying 483) to amend title XVIII of the Social The following bills and joint resolu- report; which was referred to the Com- Security Act to permit Medicare Select tions were introduced, read the first mittee on Finance. policies to be offered in all States, and and second time by unanimous con- To the Congress of the United States: for other purposes. sent, and referred as indicated: On September 21, 1994, I determined The message further announced that By Mr. PRYOR (for himself, Mr. and reported to the Congress that the pursuant to section 211(B)(f), Public HATCH, Mr. BREAUX, and Mr. LEAHY): Russian Federation is in full compli- Law 101—515 as amended by section S. 1006. A bill to amend the Internal Rev- ance with the freedom of emigration 260001, Public Law 103–322, the minority enue Code of 1986 to simplify the pension laws, and for other purposes; to the Com- criteria of sections 402 and 409 of the leader appoints Mr. Darryl Jones of Trade Act of 1974. This action allowed mittee on Finance. Upper Marlboro, MD, from private life, By Mr. KERRY: for the continuation of most-favored- representing law enforcement officers S. 1007. A bill to restrict the closure of nation (MFN) status for Russia and to the National Commission to Support Coast Guard small boat stations, and for certain other activities without the re- Law Enforcement on the part of the other purposes; to the Committee on Com- quirement of a waiver. House. merce, Science, and Transportation. As required by law, I am submitting By Mr. INOUYE: f an updated Report to Congress con- S. 1008. A bill to amend title 10, United cerning the emigration laws and poli- ENROLLED BILLS PRESENTED States Code, to provide for appointments to cies of the Russian Federation. You the military service academies by the Resi- The Secretary of the Senate reported dent Representative to the United States for will find that the report indicates con- that on June 30, 1995 he had presented the Commonwealth of the Northern Mariana tinued Russian compliance with U.S. to the President of the United States, Islands; to the Committee on Armed Serv- and international standards in the area the following enrolled bill: ices. By Mr. D’AMATO: of emigration. S. 962. An act to extend authorities under S. 1009. A bill to prohibit the fraudulent WILLIAM J. CLINTON. the Middle East Peace Facilitation Act of production, sale, transportation, or posses- THE WHITE HOUSE, June 30, 1995. 1994 until August 15, 1995. sion of fictitious items purporting to be valid f f financial instruments of the United States, MESSAGES FROM THE HOUSE foreign governments, States, political sub- EXECUTIVE AND OTHER divisions, or private organizations, to in- At 9:54 a.m., a message from the COMMUNICATIONS crease the penalties for counterfeiting viola- House of Representatives, delivered by The following communications were tions, and for other purposes; to the Com- Mr. Hays, one of its reading clerks, an- laid before the Senate, together with mittee on Banking, Housing, and Urban Af- nounced that the House has passed the accompanying papers, reports, and doc- fairs. following bill, which it requests the By Mr. STEVENS (for himself and Mr. uments, which were referred as indi- concurrence of the Senate: MURKOWSKI): cated: H.R. 1944. An act making emergency sup- S. 1010. A bill to amend the ‘‘unit of gen- plemental appropriations for additional dis- EC–1138. A communication from the Sec- eral local government’’ definition for Fed- aster assistance, for antiterrorism initia- retary of Energy, transmitting, pursuant to eral payments in lieu of taxes to include un- tives, for assistance in the recovery from the law, the report entitled ‘‘Energy Efficient organized boroughs in Alaska and for other tragedy that occurred at Oklahoma City, and Environmental Program for Pollution Pre- purposes; to the Committee on Labor and making rescissions for the fiscal year ending vention in Industry’’; to the Committee on Human Resources. September 30, 1995, and for other purposes. Energy and Natural Resources. By Mr. CRAIG (for himself, Mr. HEF- EC–1139. A communication from the Sec- LIN, Mr. LUGAR, and Mr. LEAHY): The message also announced that the retary of the Interior, transmitting, pursu- S. 1011. A bill to help reduce the cost of House has passed the following bill; ant to law, the report entitled ‘‘Outer Conti- credit to farmers by providing relief from an- without amendment: nental Shelf Lease Sales: Evaluation of Bid- tiquated and unnecessary regulatory burdens

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9517 for the Farm Credit System, and for other fits Simplification and Expansion Act business. The Pension Simplification purposes; to the Committee on Agriculture, of 1991. In early 1992, this legislation Act alleviates the high-cost barriers Nutrition, and Forestry. was included in the Tax Fairness and for small business by creating a tax By Mr. D’AMATO (for himself and Mr. Economic Growth Act of 1992, which credit which can be applied toward the MOYNIHAN): S. 1012. A bill to extend the time for con- was H.R. 4210, and which was passed by start-up costs of providing a new plan struction of certain FERC licensed hydro the Congress, but it was vetoed by for employers with 50 or fewer employ- projects; to the Committee on Energy and President Bush for reasons not associ- ees. Of course, this is geared toward Natural Resources. ated with this particular piece of the and focused on small business. By Mr. CONRAD (for himself and Mr. overall tax bill. Next, the legislation slashes exten- DORGAN): During the summer of 1992, portions sive annual nondiscrimination testing S. 1013. A bill to amend the Act of August of the simplification effort were passed requirements for firms where no em- 5, 1965, to authorize the Secretary of the In- terior to acquire land for the purpose of ex- as part of the 1992 Unemployment Com- ployee is highly compensated. These change for privately held land for use as pensation Act. This legislation was provisions, Mr. President, combined wildlife and wetland protection areas, in then designed to liberalize the rollover with the broad simplification provi- connection with the Garrison diversion unit rules which allow the worker the abil- sions for all plans, will significantly re- project, and for other purposes; to the Com- ity to take his pension benefits with duce the costs of starting up and main- mittee on Energy and Natural Resources. him or her when they change jobs. taining a retirement plan. Thus, this By Mr. NICKLES: Later that year, the remainder of the bill we are introducing today encour- S. 1014. A bill to improve the management simplification bill was included as part of royalties from Federal and Outer Conti- ages private retirement savings for our nental Shelf oil and gas leases, and for other of the Revenue Act of 1992, which was Nation’s small business worker. purposes; to the Committee on Energy and H.R. 11, also passed by Congress, also Mr. President, rather than con- Natural Resources. vetoed by President Bush for reasons tinuing a discussion of the many de- f not related to the substance of this leg- tailed provisions of the Pension Sim- islation. plification Act of 1995, I ask unanimous SUBMISSION OF CONCURRENT AND Since that time, there has been no consent that a 5-page summary of the SENATE RESOLUTIONS tax bill which could include the as-yet- legislation and a copy of the Pension The following concurrent resolutions unpassed provisions of the simplifica- Simplification Act of 1995 be printed in and Senate resolutions were read, and tion effort. the RECORD. referred (or acted upon), as indicated: Today, Mr. President, I am very There being no objection, the mate- By Mr. JOHNSTON: happy to be joined by Senator ORRIN rial was ordered to be printed in the S. Res. 146. A resolution designating the HATCH of Utah, Senator BREAUX of RECORD, as follows: week beginning November 19, 1995, and the Louisiana, and Senator LEAHY of S. 1006 week beginning on November 24, 1996, as Vermont in introducing this legislation Be it enacted by the Senate and House of Rep- ‘‘National Family Week’’, and for other pur- as the Pension Simplification Act of resentatives of the United States of America in poses; to the Committee on the Judiciary. 1995. This bill includes many of the pro- Congress assembled, By Mr. THURMOND: S. Res. 147. A resolution designating the visions passed two times by Congress SECTION 1. SHORT TITLE; AMENDMENT OF 1986 weeks beginning September 24, 1995, and Sep- in 1992, but it also includes some very CODE; TABLE OF CONTENTS. tember 22, 1996, as ‘‘National Historically new and important provisions, which (a) SHORT TITLE.—This Act may be cited as Black Colleges and Universities Week’’, and evidences our continuing effort to sim- the ‘‘Pension Simplification Act of 1995’’. for other purposes; to the Committee on the (b) AMENDMENT OF 1986 CODE.—Except as plify the very complex and arcane pen- otherwise expressly provided, whenever in Judiciary. sion rules. To some, this in itself is an By Mr. HELMS: this Act an amendment or repeal is ex- S. Res. 148. A resolution expressing the extremely arcane issue, but to small pressed in terms of an amendment to, or re- sense of the Senate regarding the arrest of businesses across our great country it peal of, a section or other provision, the ref- Harry Wu by the Government of the People’s is a critical part of doing business. And erence shall be considered to be made to a Republic of China; considered and agreed to. it is that part of business which pro- section or other provision of the Internal vides for savings and retirement funds Revenue Code of 1986. f (c) TABLE OF CONTENTS.—The table of con- ultimately for millions of employees. tents of this Act is as follows: STATEMENTS ON INTRODUCED This act is the next significant step BILLS AND JOINT RESOLUTIONS toward reducing the costs associated Sec. 1. Short title; amendment of 1986 Code; table of contents. By Mr. PRYOR (for himself, Mr. with providing pension benefits. The TITLE I—SIMPLIFICATION OF HATCH, Mr. BREAUX and Mr. LEAHY): S. legislation achieves this result by NONDISCRIMINATION PROVISIONS 1006. A bill to amend the Internal Rev- eliminating many of the complexities enue Code of 1986 to simplify the pen- Sec. 101. Definition of highly compensated and the inconsistencies in the private employees; repeal of family ag- sion laws, and for other purposes; to pension system which will in turn pro- gregation. the Committee on Finance. mote the establishment of new pension Sec. 102. Definition of compensation for sec- THE PENSION SIMPLIFICATION ACT OF 1995 plans by both large and small compa- tion 415 purposes. Mr. PRYOR. Mr. President, today I nies. Sec. 103. Modification of additional partici- rise to introduce the Pension Sim- While this legislation affects both pation requirements. plification Act of 1995. This very impor- small and large businesses, who provide Sec. 104. Nondiscrimination rules for quali- retirement plans for their workers, new fied cash or deferred arrange- tant legislation is designed to simplify ments and matching contribu- the tax laws governing our Nation’s provisions in this bill specifically tar- tions. private retirement system. get complex and costly rules affecting TITLE II—SIMPLIFIED DISTRIBUTION This legislation is the result of the small business, and there is very good RULES efforts of many, and these efforts date reason for this action in this legisla- Sec. 201. Repeal of 5-year income averaging back to March of 1990 when I first held tion. for lump-sum distributions. hearings in the Finance subcommittee In 1993, 83 percent of the companies Sec. 202. Repeal of $5,000 exclusion of em- on private retirement plans. with 100 or more employees offered ployees’ death benefits. Later, in the summer of 1990, I intro- some type of retirement plan. In con- Sec. 203. Simplified method for taxing annu- duced the Employee Benefits Sim- trast, in businesses with fewer than 25 ity distributions under certain plification Act, S. 2901. As a matter of employees, only 19 percent of those employer plans. history, many experts, including pen- firms had an employer-provided pen- Sec. 204. Required distributions. sion planners for small and large busi- sion plan available to them, and only TITLE III—TARGETED ACCESS TO PEN- SION PLANS FOR SMALL EMPLOYERS nesses, logged countless hours to help 15 percent of these employees even par- me develop this legislation, and many ticipated in those plans. Sec. 301. Credit for pension plan start-up costs of small employers. organizations pushed to get this legis- The major factor contributing to this Sec. 302. Modifications of simplified em- lation enacted into law. dismal statistic is the sky-high per- ployee pensions. In the 102d Congress, I reintroduced participant cost of establishing and Sec. 303. Exemption from top-heavy plan re- this legislation as the Employee Bene- maintaining a pension plan for small quirements.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0655 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9518 CONGRESSIONAL RECORD — SENATE June 30, 1995

Sec. 304. Tax-exempt organizations eligible (1) IN GENERAL.—Paragraph (6) of section SEC. 103. MODIFICATION OF ADDITIONAL PAR- under section 401(k). 414(q) is hereby repealed. TICIPATION REQUIREMENTS. Sec. 305. Regulatory treatment of small em- (2) COMPENSATION LIMIT.—Paragraph (17)(A) (a) GENERAL RULE.—Section 401(a)(26)(A) ployers. of section 401(a) is amended by striking the (relating to additional participation require- TITLE IV—PAPERWORK REDUCTION last sentence. ments) is amended to read as follows: ‘‘(A) IN GENERAL.—In the case of a trust Sec. 401. Repeal of combined section 415 (3) DEDUCTION.—Subsection (l) of section which is a part of a defined benefit plan, such limit. 404 is amended by striking the last sentence. trust shall not constitute a qualified trust Sec. 402. Duties of sponsors of certain proto- (d) CONFORMING AMENDMENTS.— under this subsection unless on each day of type plans. (1) Paragraphs (4), (5), (8), and (12) of sec- the plan year such trust benefits at least the tion 414(q) are hereby repealed. TITLE V—MISCELLANEOUS lesser of— (2)(A) Section 414(r) is amended by adding SIMPLIFICATION ‘‘(i) 50 employees of the employer, or at the end the following new paragraph: Sec. 501. Treatment of leased employees. ‘‘(ii) the greater of— ‘‘(9) EXCLUDED EMPLOYEES.—For purposes Sec. 502. Plans covering self-employed indi- ‘‘(I) 40 percent of all employees of the em- of this subsection, the following employees viduals. ployer, or shall be excluded: Sec. 503. Elimination of special vesting rule ‘‘(II) 2 employees (or if there is only 1 em- ‘‘(A) Employees who have not completed 6 for multiemployer plans. ployee, such employee).’’ Sec. 504. Full-funding limitation of multi- months of service. (b) SEPARATE LINE OF BUSINESS TEST.—Sec- employer plans. ‘‘(B) Employees who normally work less tion 401(a)(26)(G) (relating to separate line of 1 Sec. 505. Alternative full-funding limitation. than 17 ⁄2 hours per week. business) is amended by striking ‘‘paragraph Sec. 506. Affiliated employers. ‘‘(C) Employees who normally work not (7)’’ and inserting ‘‘paragraph (2)(A) or (7)’’. Sec. 507. Treatment of governmental plans more than 6 months during any year. (c) EFFECTIVE DATE.—The amendment under section 415. ‘‘(D) Employees who have not attained the made by this section shall apply to years Sec. 508. Treatment of deferred compensa- age of 21. beginning after December 31, 1995. tion plans of State and local ‘‘(E) Except to the extent provided in regu- SEC. 104. NONDISCRIMINATION RULES FOR governments and tax-exempt lations, employees who are included in a unit QUALIFIED CASH OR DEFERRED AR- organizations. of employees covered by an agreement which RANGEMENTS AND MATCHING CON- Sec. 509. Contributions on behalf of disabled the Secretary of Labor finds to be a collec- TRIBUTIONS. employees. tive bargaining agreement between employee (a) ALTERNATIVE METHODS OF SATISFYING Sec. 510. Distributions under rural coopera- representatives and the employer. SECTION 401(k) NONDISCRIMINATION TESTS.— tive plans. Except as provided by the Secretary, the em- Section 401(k) (relating to cash or deferred Sec. 511. Special rules for plans covering pi- ployer may elect to apply subparagraph (A), arrangements) is amended by adding at the lots. (B), (C), or (D) by substituting a shorter pe- end the following new paragraph: Sec. 512. Tenured faculty. riod of service, smaller number of hours or ‘‘(11) ALTERNATIVE METHODS OF MEETING Sec. 513. Uniform retirement age. NONDISCRIMINATION REQUIREMENTS.— Sec. 514. Uniform penalty provisions to months, or lower age for the period of service, number of hours or months, or age (as ‘‘(A) IN GENERAL.—A cash or deferred ar- apply to certain pension report- rangement shall be treated as meeting the ing requirements. the case may be) specified in such subparagraph.’’ requirements of paragraph (3)(A)(ii) if such Sec. 515. National Commission on Private arrangement— Pension Plans. (B) Subparagraph (A) of section 414(r)(2) is amended by striking ‘‘subsection (q)(8)’’ and ‘‘(i) meets the contribution requirements Sec. 516. Date for adoption of plan amend- of subparagraph (B) or (C), and ments. inserting ‘‘paragraph (9)’’. (3) Section 1114(c)(4) of the Tax Reform Act ‘‘(ii) meets the notice requirements of sub- TITLE I—SIMPLIFICATION OF of 1986 is amended by adding at the end the paragraph (D). NONDISCRIMINATION PROVISIONS following new sentence: ‘‘Any reference in ‘‘(B) MATCHING CONTRIBUTIONS.— SEC. 101. DEFINITION OF HIGHLY COMPENSATED this paragraph to section 414(q) shall be ‘‘(i) IN GENERAL.—The requirements of this EMPLOYEES; REPEAL OF FAMILY AG- treated as a reference to such section as in subparagraph are met if, under the arrange- GREGATION. effect before the Pension Simplification Act ment, the employer makes matching con- (a) IN GENERAL.—Paragraph (1) of section of 1995.’’ tributions on behalf of each employee who is 414(q) (defining highly compensated em- not a highly compensated employee in an ployee) is amended to read as follows: (e) EFFECTIVE DATE.—The amendments amount equal to— ‘‘(1) IN GENERAL.—The term ‘highly com- made by this section shall apply to years ‘‘(I) 100 percent of the elective contribu- pensated employee’ means any employee beginning after December 31, 1995, except tions of the employee to the extent such who— that in determining whether an employee is elective contributions do not exceed 3 per- ‘‘(A) was a 5-percent owner at any time a highly compensated employee for years be- cent of the employee’s compensation, and during the year or the preceding year, ginning in 1996, such amendments shall be ‘‘(II) 50 percent of the elective contribu- ‘‘(B) had compensation for the preceding treated as having been in effect for years be- tions of the employee to the extent that such year from the employer in excess of $80,000, ginning in 1995. elective contributions exceed 3 percent but or SEC. 102. DEFINITION OF COMPENSATION FOR do not exceed 5 percent of the employee’s ‘‘(C) was the most highly compensated offi- SECTION 415 PURPOSES. compensation. cer of the employer for the preceding year. ‘‘(ii) RATE FOR HIGHLY COMPENSATED EM- (a) GENERAL RULE.—Section 415(c)(3) (de- The Secretary shall adjust the $80,000 fining participant’s compensation) is amend- PLOYEES.—The requirements of this subpara- amount under subparagraph (B) at the same ed by adding at the end the following new graph are not met if, under the arrangement, time and in the same manner as under sec- subparagraph: the matching contribution with respect to any elective contribution of a highly com- tion 415(d), except that the base period shall ‘‘(D) CERTAIN DEFERRALS INCLUDED.—For be the calendar quarter beginning October 1, purposes of this section, the terms ‘compensated employee at any level of compensa- 1995.’’ pensation’ and ‘earned income’ shall in- tion is greater than that with respect to an (b) SPECIAL RULE WHERE NO EMPLOYEE HAS clude— employee who is not a highly compensated COMPENSATION OVER SPECIFIED AMOUNT.— ‘‘(i) any elective deferral (as defined in sec- employee. Paragraph (2) of section 414(q) is amended to tion 402(g)(3)), and ‘‘(iii) ALTERNATIVE PLAN DESIGNS.—If the read as follows: ‘‘(ii) any amount which is contributed by matching contribution with respect to any ‘‘(2) SPECIAL RULE IF NO EMPLOYEE HAS COM- the employer of the election of the employee elective contribution at any specific level of PENSATION OVER SPECIFIED AMOUNT.— and which is not includible in the gross in- compensation is not equal to the percentage ‘‘(A) IN GENERAL.—Except as provided in come of the employee under section 125 or required under clause (i), an arrangement subparagraph (B), if a defined benefit plan or 457.’’ shall not be treated as failing to meet the re- a defined contribution plan meets the requirements of clause (i) if— quirements of sections 401(a)(4) and 410(b) (b) CONFORMING AMENDMENTS.— ‘‘(I) the level of an employer’s matching with respect to the availability of contribu- (1) Section 414(q)(7) is amended to read as contribution does not increase as an employ- tions, benefits, and other plan features, then follows: ee’s elective contributions increase, and for all other purposes, subparagraphs (A) and ‘‘(7) COMPENSATION.—For purposes of this ‘‘(II) the aggregate amount of matching (C) of paragraph (1) shall not apply to such subsection, the term ‘compensation’ has the contributions with respect to elective con- plan. meaning given such term by section tributions not in excess of such level of com- ‘‘(B) EXCEPTION.—Subparagraph (A) shall 415(c)(3).’’ pensation is at least equal to the amount of not apply to a plan to the extent provided in (2) Section 414(s)(2) is amended by inserting matching contributions which would be regulations that are prescribed by the Sec- ‘‘not’’ after ‘‘elect’’ in the text and heading made if matching contributions were made retary to prevent the evasion of the purposes thereof. on the basis of the percentages described in of this paragraph.’’ (c) EFFECTIVE DATE.—The amendments clause (i). (c) REPEAL OF FAMILY AGGREGATION made by this section shall apply to years be- ‘‘(C) NONELECTIVE CONTRIBUTIONS.—The re- RULES.— ginning after December 31, 1995. quirements of this subparagraph are met if,

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9519

under the arrangement, the employer is re- (1) CASH OR DEFERRED ARRANGEMENTS.— For purposes of this paragraph, the balance quired, without regard to whether the em- Clause (ii) of section 401(k)(3)(A) is amend- to the credit of the employee does not in- ployee makes an elective contribution or ed— clude the accumulated deductible employee employee contribution, to make a contribu- (A) by striking ‘‘such year’’ and inserting contributions under the plan (within the tion to a defined contribution plan on behalf ‘‘the plan year’’, and meaning of section 72(o)(5)). of each employee who is not a highly com- (B) by striking ‘‘for such plan year’’ and ‘‘(ii) AGGREGATION OF CERTAIN TRUSTS AND pensated employee and who is eligible to inserting ‘‘the preceding plan year’’. PLANS.—For purposes of determining the bal- participate in the arrangement in an amount (2) MATCHING AND EMPLOYEE CONTRIBU- ance to the credit of an employee under equal to at least 3 percent of the employee’s TIONS.—Section 401(m)(2)(A) is amended— clause (i)— compensation. (A) by inserting ‘‘for such plan year’’ after ‘‘(I) all trusts which are part of a plan shall ‘‘(D) NOTICE REQUIREMENT.—An arrange- ‘‘highly compensated employee’’, and be treated as a single trust, all pension plans ment meets the requirements of this para- (B) by inserting ‘‘for the preceding plan maintained by the employer shall be treated graph if, under the arrangement, each em- year’’ after ‘‘eligible employees’’ each place as a single plan, all profit-sharing plans ployee eligible to participate is, within a it appears in clause (i) and clause (ii). maintained by the employer shall be treated reasonable period before any year, given (d) SPECIAL RULE FOR DETERMINING AVER- as a single plan, and all stock bonus plans written notice of the employee’s rights and AGE DEFERRAL PERCENTAGE FOR FIRST PLAN maintained by the employer shall be treated obligations under the arrangement which— YEAR, ETC.— as a single plan, and ‘‘(i) is sufficiently accurate and com- (1) Paragraph (3) of section 401(k) is amend- ‘‘(II) trusts which are not qualified trusts prehensive to appraise the employee of such ed by adding at the end the following new under section 401(a) and annuity contracts rights and obligations, and subparagraph: which do not satisfy the requirements of sec- ‘‘(ii) is written in a manner calculated to ‘‘(E) For purposes of this paragraph, in the tion 404(a)(2) shall not be taken into account. be understood by the average employee eligi- case of the first plan year of any plan, the ‘‘(iii) COMMUNITY PROPERTY LAWS.—The ble to participate. amount taken into account as the actual de- provisions of this paragraph shall be applied ‘‘(E) OTHER REQUIREMENTS.— ferral percentage of nonhighly compensated without regard to community property laws. ‘‘(i) WITHDRAWAL AND VESTING RESTRIC- employees for the preceding plan year shall ‘‘(iv) AMOUNTS SUBJECT TO PENALTY.—This TIONS.—An arrangement shall not be treated be— paragraph shall not apply to amounts de- as meeting the requirements of subparagraph ‘‘(i) 3 percent, or scribed in subparagraph (A) of section (B) or (C) unless the requirements of sub- ‘‘(ii) if the employer makes an election 72(m)(5) to the extent that section 72(m)(5) paragraphs (B) and (C) of paragraph (2) are under this subclause, the actual deferral per- applies to such amounts. met with respect to all employer contribu- centage of nonhighly compensated employ- ‘‘(v) BALANCE TO CREDIT OF EMPLOYEE NOT tions (including matching contributions). ees determined for such first plan year.’’ TO INCLUDE AMOUNTS PAYABLE UNDER QUALI- ‘‘(ii) SOCIAL SECURITY AND SIMILAR CON- (2) Paragraph (3) of section 401(m) is FIED DOMESTIC RELATIONS ORDER.—For pur- TRIBUTIONS NOT TAKEN INTO ACCOUNT.—An ar- amended by adding at the end thereof the poses of this paragraph, the balance to the rangement shall not be treated as meeting following: ‘‘Rules similar to the rules of sub- credit of an employee shall not include any the requirements of subparagraph (B) or (C) section (k)(3)(E) shall apply for purposes of amount payable to an alternate payee under unless such requirements are met without this subsection.’’ a qualified domestic relations order (within regard to subsection (l), and, for purposes of (e) EFFECTIVE DATE.—The amendments the meaning of section 414(p)). made by this section shall apply to years be- subsection (l), employer contributions under ‘‘(vi) TRANSFERS TO COST-OF-LIVING AR- ginning after December 31, 1995. subparagraph (B) or (C) shall not be taken RANGEMENT NOT TREATED AS DISTRIBUTION.— into account. TITLE II—SIMPLIFIED DISTRIBUTION For purposes of this paragraph, the balance ‘‘(F) OTHER PLANS.—An arrangement shall RULES to the credit of an employee under a defined be treated as meeting the requirements SEC. 201. REPEAL OF 5-YEAR INCOME AVERAGING contribution plan shall not include any under subparagraph (A)(i) if any other plan FOR LUMP-SUM DISTRIBUTIONS. amount transferred from such defined con- maintained by the employer meets such re- (a) IN GENERAL.—Subsection (d) of section tribution plan to a qualified cost-of-living quirements with respect to employees eligi- 402 (relating to taxability of beneficiary of arrangement (within the meaning of section ble under the arrangement.’’ employees’ trust) is amended to read as fol- 415(k)(2)) under a defined benefit plan. (b) ALTERNATIVE METHODS OF SATISFYING lows: ‘‘(vii) LUMP-SUM DISTRIBUTIONS OF ALTER- SECTION 401(m) NONDISCRIMINATION TESTS.— ‘‘(d) TAXABILITY OF BENEFICIARY OF CER- NATE PAYEES.—If any distribution or pay- Section 401(m) (relating to nondiscrimina- TAIN FOREIGN SITUS TRUSTS.—For purposes ment of the balance to the credit of an em- tion test for matching contributions and em- of subsections (a), (b), and (c), a stock bonus, ployee would be treated as a lump-sum dis- ployee contributions) is amended by redesig- pension, or profit-sharing trust which would tribution, then, for purposes of this para- nating paragraph (10) as paragraph (11) and qualify for exemption from tax under section graph, the payment under a qualified domes- by adding after paragraph (9) the following 501(a) except for the fact that it is a trust tic relations order (within the meaning of new paragraph: created or organized outside the United section 414(p)) of the balance to the credit of ‘‘(10) ALTERNATIVE METHOD OF SATISFYING States shall be treated as if it were a trust an alternate payee who is the spouse or TESTS.— exempt from tax under section 501(a).’’ former spouse of the employee shall be treat- ‘‘(A) IN GENERAL.—A defined contribution (b) CONFORMING AMENDMENTS.— ed as a lump-sum distribution. For purposes plan shall be treated as meeting the require- (1) Subparagraph (D) of section 402(e)(4) of this clause, the balance to the credit of ments of paragraph (2) with respect to (relating to other rules applicable to exempt the alternate payee shall not include any matching contributions if the plan— trusts) is amended to read as follows: amount payable to the employee.’’ ‘‘(i) meets the contribution requirements ‘‘(D) LUMP-SUM DISTRIBUTION.—For pur- (2) Section 402(c) (relating to rules applica- of subparagraph (B) or (C) of subsection poses of this paragraph— ble to rollovers from exempt trusts) is (k)(11), ‘‘(i) IN GENERAL.—The term ‘lump sum dis- amended by striking paragraph (10). ‘‘(ii) meets the notice requirements of sub- tribution’ means the distribution or pay- (3) Paragraph (1) of section 55(c) (defining section (k)(11)(D), and ment within one taxable year of the recipi- regular tax) is amended by striking ‘‘shall ‘‘(iii) meets the requirements of subpara- ent of the balance to the credit of an em- not include any tax imposed by section 402(d) graph (B). ployee which becomes payable to the recipi- and’’. ‘‘(B) LIMITATION ON MATCHING CONTRIBU- ent— (4) Paragraph (8) of section 62(a) (relating TIONS.—The requirements of this subpara- ‘‘(I) on account of the employee’s death, to certain portion of lump-sum distributions graph are met if— ‘‘(II) after the employee attains age 591⁄2, from pension plans taxed under section ‘‘(i) matching contributions on behalf of ‘‘(III) on account of the employee’s separa- 402(d)) is hereby repealed. any employee may not be made with respect tion from service, or (5) Section 401(a)(28)(B) (relating to coordi- to an employee’s contributions or elective ‘‘(IV) after the employee has become dis- nation with distribution rules) is amended deferrals in excess of 6 percent of the em- abled (within the meaning of section by striking clause (v). ployee’s compensation, 72(m)(7)), (6) Subparagraph (B)(ii) of section ‘‘(ii) the level of an employer’s matching from a trust which forms a part of a plan de- 401(k)(10) (relating to distributions that contribution does not increase as an employ- scribed in section 401(a) and which is exempt must be lump-sum distributions) is amended ee’s contributions or elective deferrals in- from tax under section 501 or from a plan de- to read as follows: crease, and scribed in section 403(a). Subclause (III) of ‘‘(ii) LUMP-SUM DISTRIBUTION.—For pur- ‘‘(iii) the matching contribution with re- this clause shall be applied only with respect poses of this subparagraph, the term ‘lump- spect to any highly compensated employee to an individual who is an employee without sum distribution’ means any distribution of at a specific level of compensation is not regard to section 401(c)(1), and subclause (IV) the balance to the credit of an employee im- greater than that with respect to an em- shall be applied only with respect to an em- mediately before the distribution.’’ ployee who is not a highly compensated employee within the meaning of section (7) Section 406(c) (relating to termination ployee.’’ 401(c)(1). For purposes of this clause, a dis- of status as deemed employee not to be (c) YEAR FOR COMPUTING NONHIGHLY COM- tribution to two or more trusts shall be treated as separation from service for pur- PENSATED EMPLOYEE PERCENTAGE.— treated as a distribution to one recipient. poses of limitation of tax) is hereby repealed.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9520 CONGRESSIONAL RECORD — SENATE June 30, 1995

(8) Section 407(c) (relating to termination ‘‘(ii) CERTAIN RULES MADE APPLICABLE.— who retires in a calendar year after the cal- of status as deemed employee not to be Rules similar to the rules of paragraphs (2) endar year in which the employee attains treated as separation from service for pur- and (3) of subsection (b) shall apply for pur- age 701⁄2, the employee’s accrued benefit shall poses of limitation of tax) is hereby repealed. poses of this paragraph. be actuarially increased to take into account (9) Section 691(c) (relating to deduction for ‘‘(iii) NUMBER OF ANTICIPATED PAYMENTS.— the period after age 701⁄2 in which the em- estate tax) is amended by striking paragraph ‘‘If the age of the pri- The number of ployee was not receiving any benefits under (5). mary annuitant on anticipated the plan. (10) Paragraph (1) of section 871(b) (relating the annunity start- payments is: ‘‘(iv) EXCEPTION FOR GOVERNMENTAL AND to imposition of tax) is amended by striking ing date is: CHURCH PLANS.—Clauses (ii) and (iii) shall ‘‘section 1, 55, or 402(d)(1)’’ and inserting Not more than 55 ...... 300 not apply in the case of a governmental plan ‘‘section 1 or 55’’. More than 55 but not more or church plan. For purposes of this clause, (11) Subsection (b) of section 877 (relating than 60 ...... 260 the term ‘church plan’ means a plan main- to alternative tax) is amended by striking More than 60 but not more tained by a church for church employees, ‘‘section 1, 55, or 402(d)(1)’’ and inserting than 65 ...... 240 and the term ‘church’ means any church (as ‘‘section 1 or 55’’. More than 65 but not more defined in section 3121(w)(3)(A)) or qualified (12) Section 4980A(c)(4) is amended— than 70 ...... 170 church-controlled organization (as defined in (A) by striking ‘‘to which an election under More than 70 ...... 120 section 3121(w)(3)(B)).’’ section 402(d)(4)(B) applies’’ and inserting ‘‘(C) ADJUSTMENT FOR REFUND FEATURE NOT (b) EFFECTIVE DATE.—The amendment ‘‘(as defined in section 402(e)(4)(D)) with re- APPLICABLE.—For purposes of this paragraph, made by subsection (a) shall apply to years spect to which the individual elects to have investment in the contract shall be deter- beginning after December 31, 1995. this paragraph apply’’, mined under subsection (c)(1) without regard TITLE III—TARGETED ACCESS TO (B) by adding at the end the following new to subsection (c)(2). PENSION PLANS FOR SMALL EMPLOYERS flush sentence: ‘‘(D) SPECIAL RULE WHERE LUMP SUM PAID IN ‘‘An individual may elect to have this para- CONNECTION WITH COMMENCEMENT OF ANNUITY SEC. 301. CREDIT FOR PENSION PLAN START-UP graph apply to only one lump-sum distribu- PAYMENTS.—If, in connection with the com- COSTS OF SMALL EMPLOYERS. tion.’’, and mencement of annuity payments under any (a) ALLOWANCE OF CREDIT.—Section 38(b) (C) by striking the heading and inserting: qualified employer retirement plan, the tax- (defining current year business credit) is ‘‘(4) SPECIAL ONE-TIME ELECTION.—’’. payer receives a lump sum payment— amended by striking ‘‘plus’’ at the end of (13) Section 402(e) is amended by striking ‘‘(i) such payment shall be taxable under paragraph (10), by striking the period at the paragraph (5). subsection (e) as if received before the annu- end of paragraph (11) and inserting ‘‘, plus’’, (c) EFFECTIVE DATES.— ity starting date, and and by adding at the end the following new (1) IN GENERAL.—The amendments made by ‘‘(ii) the investment in the contract for paragraph: this section shall apply to taxable years be- purposes of this paragraph shall be deter- ‘‘(12) the small employer pension plan ginning after December 31, 1995. mined as if such payment had been so re- start-up cost credit.’’ (2) RETENTION OF CERTAIN TRANSITION ceived. (b) SMALL EMPLOYER PENSION PLAN START- RULES.—Notwithstanding any other provi- ‘‘(E) EXCEPTION.—This paragraph shall not UP COST CREDIT.—Subpart D of part IV of sion of this section, the amendments made apply in any case where the primary annu- subchapter A of chapter 1 (relating to busi- by this section shall not apply to any dis- itant has attained age 75 on the annuity ness related credits) is amended by adding at tribution for which the taxpayer elects the starting date unless there are fewer than 5 the end the following new section: benefits of section 1122 (h)(3) or (h)(5) of the years of guaranteed payments under the an- Tax Reform Act of 1986. For purposes of the nuity. ‘‘SEC. 45C. SMALL EMPLOYER PENSION PLAN START-UP COST CREDIT. preceding sentence, the rules of sections ‘‘(F) ADJUSTMENT WHERE ANNUITY PAY- 402(c)(10) and 402(d) of the Internal Revenue MENTS NOT ON MONTHLY BASIS.—In any case ‘‘(a) AMOUNT OF CREDIT.—For purposes of Code of 1986 (as in effect before the amend- where the annuity payments are not made section 38— ments made by this Act) shall apply. on a monthly basis, appropriate adjustments ‘‘(1) IN GENERAL.—The small employer pen- SEC. 202. REPEAL OF $5,000 EXCLUSION OF EM- in the application of this paragraph shall be sion plan start-up cost credit for any taxable PLOYEES’ DEATH BENEFITS. made to take into account the period on the year is an amount equal to the qualified (a) IN GENERAL.—Subsection (b) of section basis of which such payments are made. start-up costs of an eligible employer in es- 101 is hereby repealed. ‘‘(G) QUALIFIED EMPLOYER RETIREMENT tablishing a qualified pension plan. (b) CONFORMING AMENDMENT.—Subsection PLAN.—For purposes of this paragraph, the ‘‘(2) AGGREGATE LIMITATION.—The amount (c) of section 101 is amended by striking term ‘qualified employer retirement plan’ of the credit under paragraph (1) for any tax- ‘‘subsection (a) or (b)’’ and inserting ‘‘sub- means any plan or contract described in able year shall not exceed $1,000, reduced by section (a)’’. paragraph (1), (2), or (3) of section 4974(c). the aggregate amount determined under this (c) EFFECTIVE DATE.—The amendments ‘‘(2) TREATMENT OF EMPLOYEE CONTRIBU- section for all preceding taxable years of the made by this section shall apply to taxable TIONS UNDER DEFINED CONTRIBUTION PLANS.— taxpayer. years beginning after December 31, 1995. For purposes of this section, employee con- ‘‘(b) QUALIFIED START-UP COSTS; QUALIFIED SEC. 203. SIMPLIFIED METHOD FOR TAXING AN- tributions (and any income allocable there- PENSION PLAN.—For purposes of this sec- NUITY DISTRIBUTIONS UNDER CER- TAIN EMPLOYER PLANS. to) under a defined contribution plan may be tion— ‘‘(1) QUALIFIED START-UP COSTS.—The term (a) GENERAL RULE.—Subsection (d) of sec- treated as a separate contract.’’ tion 72 (relating to annuities; certain pro- (b) EFFECTIVE DATE.—The amendment ‘qualified start-up costs’ means any ordinary ceeds of endowment and life insurance con- made by this section shall apply in cases and necessary expenses of an eligible em- tracts) is amended to read as follows: where the annuity starting date is after De- ployer which— ‘‘(d) SPECIAL RULES FOR QUALIFIED EM- cember 31, 1995. ‘‘(A) are paid or incurred in connection PLOYER RETIREMENT PLANS.— SEC. 204. REQUIRED DISTRIBUTIONS. with the establishment of a qualified pension ‘‘(1) SIMPLIFIED METHOD OF TAXING ANNUITY (a) IN GENERAL.—Section 401(a)(9)(C) (de- plan, and PAYMENTS.— fining required beginning date) is amended ‘‘(B) are of a nonrecurring nature. ‘‘(A) IN GENERAL.—In the case of any to read as follows: ‘‘(2) QUALIFIED PENSION PLAN.—The term amount received as an annuity under a ‘‘(C) REQUIRED BEGINNING DATE.—For pur- ‘qualified pension plan’ means— qualified employer retirement plan— poses of this paragraph— ‘‘(A) a plan described in section 401(a) ‘‘(i) subsection (b) shall not apply, and ‘‘(i) IN GENERAL.—The term ‘required be- which includes a trust exempt from tax ‘‘(ii) the investment in the contract shall ginning date’ means April 1 of the calendar under section 501(a), or be recovered as provided in this paragraph. year following the later of— ‘‘(B) a simplified employee pension (as de- ‘‘(B) METHOD OF RECOVERING INVESTMENT IN ‘‘(I) the calendar year in which the em- fined in section 408(k)). CONTRACT.— ployee attains age 701⁄2, or ‘‘(c) ELIGIBLE EMPLOYER.—For purposes of ‘‘(i) IN GENERAL.—Gross income shall not ‘‘(II) the calendar year in which the em- this section— include so much of any monthly annuity ployee retires. ‘‘(1) IN GENERAL.—The term ‘eligible em- payment under a qualified employer retire- ‘‘(ii) EXCEPTION.—Subclause (II) of clause ployer’ means an employer which— ment plan as does not exceed the amount ob- (i) shall not apply— ‘‘(A) had an average daily number of em- tained by dividing— ‘‘(I) except as provided in section 409(d), in ployees during the preceding taxable year ‘‘(I) the investment in the contract (as of the case of an employee who is a 5-percent not in excess of 50, and the annuity starting date), by owner (as defined in section 416) with respect ‘‘(B) did not make any contributions on be- ‘‘(II) the number of anticipated payments to the plan year ending in the calendar year half of any employee to a qualified pension determined under the table contained in in which the employee attains age 701⁄2, or plan during the 2 taxable years immediately clause (iii) (or, in the case of a contract to ‘‘(II) for purposes of section 408 (a)(6) or preceding the taxable year. which subsection (c)(3)(B) applies, the num- (b)(3). ‘‘(2) PROFESSIONAL SERVICE EMPLOYERS EX- ber of monthly annuity payments under such ‘‘(iii) ACTUARIAL ADJUSTMENT.—In the case CLUDED.—Such term shall not include an em- contract). of an employee to whom clause (i)(II) applies ployer substantially all of the activities of

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9521

which involve the performance of services in (b) EFFECTIVE DATE.—The amendment adopting employers are timely amended to the fields of health, law, engineering, archi- made by this section shall apply to plan meet the requirements of the Internal Rev- tecture, accounting, actuarial science, per- years beginning after December 31, 1995, but enue Code of 1986 or of any rule or regulation forming arts, or consulting. shall not apply to any cash or deferred ar- of the Secretary, and ‘‘(d) SPECIAL RULES.—For purposes of this rangement to which clause (i) of section (B) adopting employers receive timely no- section— 1116(f)(2)(B) of the Tax Reform Act of 1986 ap- tification of amendments and other actions ‘‘(1) AGGREGATION RULES.—All persons plies. taken by sponsors with respect to their treated as a single employer under sub- SEC. 305. REGULATORY TREATMENT OF SMALL plans. section (a) or (b) of section 52 or subsection EMPLOYERS. TITLE V—MISCELLANEOUS (n) or (o) of section 414 shall be treated as (a) IN GENERAL.—Section 7805(f) (relating SIMPLIFICATION one person. to review of impact of regulations on small SEC. 501. TREATMENT OF LEASED EMPLOYEES. ‘‘(2) DISALLOWANCE OF DEDUCTION.—No de- business) is amended by adding at the end the following new subparagraph: (a) GENERAL RULE.—Subparagraph (C) of duction shall be allowable under this chapter section 414(n)(2) (defining leased employee) is ‘‘(4) SPECIAL RULE FOR PENSION REGULA- for any qualified start-up costs for which a amended to read as follows: TIONS.— credit is allowable under subsection (a).’’ ‘‘(C) such services are performed under sig- (c) CONFORMING AMENDMENTS.— ‘‘(A) IN GENERAL.—Any regulation proposed nificant direction or control by the recipi- (1) Section 39(d) is amended by adding at to be issued by the Secretary which relates ent.’’ the end the following new paragraph: to qualified pension plans shall not take ef- (b) EFFECTIVE DATE.—The amendment ‘‘(7) NO CARRYBACK OF PENSION CREDIT.—No fect unless the Secretary includes provisions made by subsection (a) shall apply to years portion of the unused business credit for any to address any special needs of the small em- beginning after December 31, 1995, but shall taxable year which is attributable to the ployers. not apply to any relationship determined small employer pension plan start-up cost ‘‘(B) QUALIFIED PENSION PLAN.—For pur- under an Internal Revenue Service ruling credit determined under section 45C may be poses of this paragraph, the term ‘qualified issued before the date of the enactment of carried back to a taxable year ending before pension plan’ means— this Act pursuant to section 414(n)(2)(C) of the date of the enactment of section 45C.’’ ‘‘(i) any plan which includes a trust de- the Internal Revenue Code of 1986 (as in ef- (2) The table of sections for subpart D of scribed in section 401(a) which is exempt fect on the day before such date) not to in- part IV of subchapter A of chapter 1 is from tax under section 501(a), or volve a leased employee. amended by adding at the end the following ‘‘(ii) any simplified employee pension (as SEC. 502. PLANS COVERING SELF-EMPLOYED IN- new item: defined in section 408(k)).’’ DIVIDUALS. ‘‘Sec. 45C. Small employer pension plan (b) EFFECTIVE DATE.—The amendment (a) AGGREGATION RULES.—Section 401(d) start-up cost credit.’’ made by this section shall apply to regula- (relating to additional requirements for tions issued after the date of the enactment (d) EFFECTIVE DATE.—The amendments qualification of trusts and plans benefiting of this Act. made by this section shall apply to costs in- owner-employees) is amended to read as fol- curred after the date of the enactment of TITLE IV—PAPERWORK REDUCTION lows: this Act in taxable years ending after such SEC. 401. REPEAL OF COMBINED SECTION 415 ‘‘(d) CONTRIBUTION LIMIT ON OWNER-EM- date. LIMIT. PLOYEES.—A trust forming part of a pension SEC. 302. MODIFICATIONS OF SIMPLIFIED EM- (a) IN GENERAL.—Section 415(e) (relating to or profit-sharing plan which provides con- PLOYEE PENSIONS. limitation in case of defined benefit plan and tributions or benefits for employees some or (a) INCREASE IN NUMBER OF ALLOWABLE defined contribution plan for same em- all of whom are owner-employees shall con- PARTICIPANTS FOR SALARY REDUCTION AR- ployee) is hereby repealed. stitute a qualified trust under this section RANGEMENTS.—Section 408(k)(6)(B) is amend- (b) CONFORMING AMENDMENTS.— only if, in addition to meeting the require- ed by striking ‘‘25’’ each place it appears in (1) Subparagraph (B) of section 415(b)(5) is ments of subsection (a), the plan provides the text and heading thereof and inserting amended by striking ‘‘and subsection (e)’’. that contributions on behalf of any owner- ‘‘100’’. (2) Section 415(f)(1) is amended by striking employee may be made only with respect to (b) REPEAL OF PARTICIPATION REQUIRE- ‘‘, (c), and (e)’’ and inserting ‘‘and (c)’’. the earned income of such owner-employee MENT.— (3) Section 415(g) is amended by striking which is derived from the trade or business (1) IN GENERAL.—Section 408(k)(6)(A) is ‘‘subsections (e) and (f)’’ and inserting ‘‘sub- with respect to which such plan is estab- amended by striking clause (ii) and by redes- section (f)’’. lished.’’ ignating clauses (iii) and (iv) as clauses (ii) (4) Section 415(k)(2)(A) is amended— (b) EFFECTIVE DATE.—The amendments and (iii), respectively. (A) by striking clause (i) and inserting: made by this section shall apply to years be- (2) CONFORMING AMENDMENTS.—Clause (ii) ‘‘(i) any contribution made directly by an ginning after December 31, 1995. of section 408(k)(6)(C) and clause (ii) of sec- employee under such arrangement shall not SEC. 503. ELIMINATION OF SPECIAL VESTING tion 408(k)(6)(F) are each amended by strik- be treated as an annual addition for purposes RULE FOR MULTIEMPLOYER PLANS. ing ‘‘subparagraph (A)(iii)’’ and inserting of subsection (c), and’’, and (a) IN GENERAL.—Paragraph (2) of section ‘‘subparagraph (A)(ii)’’. (B) by striking ‘‘subsections (c) and (e)’’ in 411(a) (relating to minimum vesting stand- (c) ALTERNATIVE TEST.—Clause (ii) of sec- clause (ii) and inserting ‘‘subsection (c)’’. ards) is amended— tion 408(k)(6)(A), as redesignated by sub- (5) Section 416(h) is hereby repealed. (1) by striking ‘‘subparagraph (A), (B), or section (b)(1), is amended by adding at the (c) EFFECTIVE DATE.—The amendments (C)’’ and inserting ‘‘subparagraph (A) or (B)’’; end the following new flush sentence: made by this section shall apply to years be- and ‘‘The requirements of the preceding sentence ginning after December 31, 1995. (2) by striking subparagraph (C). (b) EFFECTIVE DATE.—The amendments are met if the employer makes contributions SEC. 402. DUTIES OF SPONSORS OF CERTAIN made by this section shall apply to plan to the simplified employee pension meeting PROTOTYPE PLANS. years beginning on or after the earlier of— the requirements of sections 401(k)(11) (B) or (a) IN GENERAL.—The Secretary of the (1) the later of— (C), 401(k)(11)(D), and 401(m)(10)(B).’’ Treasury may, as a condition of sponsorship, (A) January 1, 1996, or (d) EFFECTIVE DATE.—The amendments prescribe rules defining the duties and re- made by this section shall apply to years be- sponsibilities of sponsors of master and pro- (B) the date on which the last of the collec- ginning after December 31, 1995. totype plans, regional prototype plans, and tive bargaining agreements pursuant to SEC. 303. EXEMPTION FROM TOP-HEAVY PLAN other Internal Revenue Service preapproved which the plan is maintained terminates (de- REQUIREMENTS. plans. termined without regard to any extension (a) EXEMPTION FROM TOP-HEAVY PLAN RE- (b) DUTIES RELATING TO PLAN AMENDMENT, thereof after the date of the enactment of QUIREMENTS.—Section 416(g) (defining top- NOTIFICATION OF ADOPTERS, AND PLAN ADMIN- this Act), or heavy plans) is amended by adding at the end ISTRATION.—The duties and responsibilities (2) January 1, 1998. the following new paragraph: referred to in subsection (a) may include— Such amendments shall not apply to any in- ‘‘(3) EXEMPTION FOR CERTAIN PLANS.—A (1) the maintenance of lists of persons dividual who does not have more than 1 hour plan shall not be treated as a top-heavy plan adopting the sponsor’s plans, including the of service under the plan on or after the 1st if, for such plan year, the employer has no updating of such lists not less frequently day of the 1st plan year to which such highly compensated employees (as defined in than annually, amendments apply. section 414(q)) by reason of section 414(q)(2).’’ (2) the furnishing of notices at least annu- SEC. 504. FULL-FUNDING LIMITATION OF MULTI- (b) EFFECTIVE DATE.—The amendment ally to such persons and to the Secretary or EMPLOYER PLANS. made by this section shall apply to years be- the Secretary’s delegate, in such form and at (a) FULL-FUNDING LIMITATION.—Section ginning after December 31, 1995. such time as the Secretary shall prescribe, 412(c)(7)(C) (relating to full-funding limita- SEC. 304. TAX-EXEMPT ORGANIZATIONS ELIGIBLE (3) duties relating to administrative serv- tion) is amended— UNDER SECTION 401(k). ices to such persons in the operation of their (1) by inserting ‘‘or in the case of a multi- (a) GENERAL RULE.—Clause (ii) of section plans, and employer plan,’’ after ‘‘paragraph (6)(B),’’, 401(k)(4)(B) is amended to read as follows: (4) other duties that the Secretary con- and ‘‘(ii) any organization described in section siders necessary to ensure that— (2) by inserting ‘‘AND MULTIEMPLOYER 501(c)(3) which is exempt from tax under sec- (A) the master and prototype, regional pro- PLANS’’ after ‘‘PARAGRAPH (6)(B)’’ in the head- tion 501(a).’’ totype, and other preapproved plans of ing thereof.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9522 CONGRESSIONAL RECORD — SENATE June 30, 1995

(b) VALUATION.—Section 412(c)(9) is amend- ‘‘(E) TERM OF ELECTION.—Any election diately after paragraph (10) the following ed— made under this paragraph shall apply for new paragraph: (1) by inserting ‘‘(3 years in the case of a the election period. ‘‘(11) SPECIAL LIMITATION RULE FOR GOVERN- multiemployer plan)’’ after ‘‘year’’, and ‘‘(F) OTHER CONSEQUENCES OF ELECTION.— MENTAL PLANS.—In the case of a govern- (2) by striking ‘‘ANNUAL VALUATION’’ in the ‘‘(i) NO FUNDING WAIVERS.—In the case of a mental plan (as defined in section 414(d)), heading and inserting ‘‘VALUATION’’. plan with respect to which an election is subparagraph (B) of paragraph (1) shall not (c) EFFECTIVE DATE.—The amendments made under this paragraph, no waiver may apply.’’ made by this section shall apply to years be- be granted under subsection (d) for any plan (b) TREATMENT OF CERTAIN EXCESS BENEFIT ginning after December 31, 1995. year beginning after the date the election PLANS.— SEC. 505. ALTERNATIVE FULL-FUNDING LIMITA- was made and ending at the close of the elec- (1) IN GENERAL.—Section 415 is amended by TION. tion period with respect thereto. adding at the end the following new sub- (a) IN GENERAL.—Subsection (c) of section ‘‘(ii) FAILURE TO MAKE SUCCESSIVE ELEC- section: 412 (relating to minimum funding standards) TIONS.—If an election is made under this ‘‘(m) TREATMENT OF QUALIFIED GOVERN- is amended by redesignating paragraphs (8) paragraph with respect to any plan and such MENTAL EXCESS BENEFIT ARRANGEMENTS.— through (12) as paragraphs (9) through (13), an election does not apply for each succes- ‘‘(1) GOVERNMENTAL PLAN NOT AFFECTED.— respectively, and by adding after paragraph sive plan year of such plan, such plan shall In determining whether a governmental plan (7) the following new paragraph: be treated as not meeting the requirements (as defined in section 414(d)) meets the re- ‘‘(8) ALTERNATIVE FULL-FUNDING LIMITA- of subparagraph (C) for the period of 10 plan quirements of this section, benefits provided TION.— under a qualified governmental excess ben- years beginning after the close of the last ‘‘(A) GENERAL RULE.—An employer may efit arrangement shall not be taken into ac- election period for such plan. elect the full-funding limitation under this count. Income accruing to a governmental ‘‘(G) DEFINITIONS.—For purposes of this paragraph with respect to any defined ben- plan (or to a trust that is maintained solely paragraph— efit plan of the employer in lieu of the full- for the purpose of providing benefits under a ‘‘(i) ELECTION PERIOD.—The term ‘election funding limitation determined under para- qualified governmental excess benefit ar- period’ means the period of 5 consecutive graph (7) if the requirements of subpara- rangement) in respect of a qualified govern- plan years beginning with the 1st plan year graphs (C) and (D) are met. mental excess benefit arrangement shall for which the election is made. ‘‘(B) ALTERNATIVE FULL-FUNDING LIMITA- constitute income derived from the exercise ‘‘(ii) CONTROLLED GROUP.—The term ‘con- TION.—The full-funding limitation under this of an essential governmental function upon trolled group’ means all persons who are paragraph is the full-funding limitation de- which such governmental plan (or trust) termined under paragraph (7) without regard treated as a single employer under sub- shall be exempt from tax under section 115. section (b), (c), (m), or (o) of section 414.’’ to subparagraph (A)(i)(I) thereof. ‘‘(2) TAXATION OF PARTICIPANT.—For pur- (b) ALTERATION OF DISCRETIONARY REGU- ‘‘(C) REQUIREMENTS RELATING TO PLAN ELI- poses of this chapter— LATORY AUTHORITY.—Subparagraph (D) of GIBILITY.— ‘‘(A) the taxable year or years for which section 412(c)(7) is amended by striking ‘‘pro- ‘‘(i) IN GENERAL.—The requirements of this amounts in respect of a qualified govern- subparagraph are met with respect to a de- vide—’’ and all that follows through ‘‘(iii) mental excess benefit arrangement are in- fined benefit plan if— for’’ and inserting ‘‘provide for’’. cludible in gross income by a participant, (c) EFFECTIVE DATES.— ‘‘(I) as of the 1st day of the election period, and the average accrued liability of participants (1) IN GENERAL.—The amendments made by ‘‘(B) the treatment of such amounts when accruing benefits under the plan for the 5 im- this section shall take effect on January 1, so includible by the participant, mediately preceding plan years is at least 80 1997. (2) TRANSITION PERIOD.—In the case of a shall be determined as if such qualified gov- percent of the plan’s total accrued liability, ernmental excess benefit arrangement were ‘‘(II) the plan is not a top-heavy plan (as plan with respect to which a transition period election is made under section treated as a plan for the deferral of com- defined in section 416(g)) for the 1st plan year pensation which is maintained by a corpora- of the election period or either of the 2 pre- 412(c)(8)(D)(ii) of the Internal Revenue Code of 1986 (as added by this section), the amend- tion not exempt from tax under this chapter ceding plan years, and and which does not meet the requirements ‘‘(III) each defined benefit plan of the em- ments made by this section shall take effect on July 1, 1996. for qualification under section 401. ployer (and each defined benefit plan of each ‘‘(3) QUALIFIED GOVERNMENTAL EXCESS BEN- SEC. 506. AFFILIATED EMPLOYERS. employer who is a member of any controlled EFIT ARRANGEMENT.—For purposes of this group which includes such employer) meets (a) IN GENERAL.—For purposes of Treasury subsection, the term ‘qualified governmental the requirements of subclauses (I) and (II). Regulations section 1.501(c)(9)–2(a)(1), a excess benefit arrangement’ means a portion ‘‘(ii) FAILURE TO CONTINUE TO MEET RE- group of employers shall be deemed to be af- of a governmental plan if— QUIREMENTS.— filiated if they are substantially all section ‘‘(A) such portion is maintained solely for ‘‘(I) If any plan fails to meet the require- 501(c)(12) organizations which perform serv- the purpose of providing to participants in ment of clause (i)(I) for any plan year during ices (or with respect to which their members the plan that part of the participant’s an- an election period, the benefits of the elec- perform services) which are the same or are nual benefit otherwise payable under the tion under this paragraph shall be phased directly related to each other. terms of the plan that exceeds the limita- out under regulations prescribed by the Sec- (b) SECTION 501(c)(12) ORGANIZATION.—For tions on benefits imposed by this section, retary. purposes of this section, the term ‘‘section ‘‘(B) under such portion no election is pro- ‘‘(II) If any plan fails to meet the require- 501(c)(12) organization’’ means— vided at any time to the participant (di- ment of clause (i)(II) for any plan year dur- (1) any organization described in section rectly or indirectly) to defer compensation, ing an election period, such plan shall be 501(c)(12) of the Internal Revenue Code of and treated as not meeting the requirements of 1986, ‘‘(C) benefits described in subparagraph (A) clause (i) for the remainder of the election (2) any organization providing a service are not paid from a trust forming a part of period. which is the same as a service which is (or such governmental plan unless such trust is If there is a failure described in subclause (I) could be) provided by an organization de- maintained solely for the purpose of pro- or (II) with respect to any plan, such plan scribed in paragraph (1), viding such benefits.’’ (and each plan described in clause (i)(III) (3) any organization described in paragraph (2) COORDINATION WITH SECTION 457.—Sub- with respect to such plan) shall be treated as (4) or (6) of section 501(c) of such Code, but section (e) of section 457 is amended by add- not meeting the requirements of clause (i) only if at least 80 percent of the members of ing at the end the following new paragraph: for any of the 10 plan years beginning after the organization are organizations described ‘‘(14) TREATMENT OF QUALIFIED GOVERN- the election period. in paragraph (1) or (2), and MENTAL EXCESS BENEFIT ARRANGEMENTS.— ‘‘(D) REQUIREMENTS RELATING TO ELEC- (4) any organization which is a national as- Subsections (b)(2) and (c)(1) shall not apply TION.—The requirements of this subpara- sociation of organizations described in para- to any qualified governmental excess benefit graph are met with respect to an election graph (1), (2), or (3). arrangement (as defined in section 415(m)(3)), if— An organization described in paragraph (2) and benefits provided under such an arrange- ‘‘(i) FILING DATE.—Notice of such election (but not in paragraph (1)) shall not be treatment shall not be taken into account in de- is filed with the Secretary (in such form and ed as a section 501(c)(12) organization with termining whether any other plan is an eligi- manner and containing such information as respect to a voluntary employees’ bene- ble deferred compensation plan.’’ the Secretary may provide) by January 1 of ficiary association unless a substantial num- (3) CONFORMING AMENDMENT.—Paragraph any calendar year, and is effective as of the ber of employers maintaining such associa- (2) of section 457(f) is amended by striking 1st day of the election period beginning on or tion are described in paragraph (1). the word ‘‘and’’ at the end of subparagraph after January 1 of the following calendar (c) EFFECTIVE DATE.—The provisions of (C), by striking the period after subpara- year. this section shall apply to years beginning graph (D) and inserting ‘‘, and’’, and by add- ‘‘(ii) CONSISTENT ELECTION.—Such an elec- after December 31, 1995. ing at the end the following new subpara- tion is made for all defined benefit plans SEC. 507. TREATMENT OF GOVERNMENTAL graph: maintained by the employer or by any mem- PLANS UNDER SECTION 415. ‘‘(E) a qualified governmental excess ben- ber of a controlled group which includes the (a) COMPENSATION LIMIT.—Subsection (b) of efit arrangement described in section employer. section 415 is amended by adding imme- 415(m).’’

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9523

(c) EXEMPTION FOR SURVIVOR AND DIS- A plan shall not be treated as failing to meet ‘‘(iv) an organization which is a national ABILITY BENEFITS.—Paragraph (2) of section the distribution requirements of subsection association of organizations described in any 415(b) is amended by adding at the end the (d) by reason of a distribution to which this other clause of this subparagraph, or following new subparagraph: subparagraph applies. ‘‘(v) any other organization which provides ‘‘(I) EXEMPTION FOR SURVIVOR AND DIS- ‘‘(B) ELECTION TO DEFER COMMENCEMENT OF services which are related to the activities ABILITY BENEFITS PROVIDED UNDER GOVERN- DISTRIBUTIONS.—The total amount payable to or operations of an organization described in MENTAL PLANS.—Subparagraph (B) of para- a participant under the plan shall not be clause (i), (ii), (iii), or (iv), but only in the graph (1), subparagraph (C) of this para- treated as made available merely because case of a plan with respect to which substan- graph, and paragraph (5) shall not apply to— the participant may elect to defer com- tially all of the organizations maintaining it ‘‘(i) income received from a governmental mencement of distributions under the plan are described in clause (i), (ii), (iii), or (iv).’’ plan (as defined in section 414(d)) as a pen- if— (c) EFFECTIVE DATES.— sion, annuity, or similar allowance as the re- ‘‘(i) such election is made after amounts (1) DISTRIBUTIONS.—The amendments made sult of the recipient becoming disabled by may be available under the plan in accord- by subsection (a) shall apply to distributions reason of personal injuries or sickness, or ance with subsection (d)(1)(A) and before after the date of the enactment of this Act. ‘‘(ii) amounts received from a govern- commencement of such distributions, and (2) RURAL COOPERATIVE.—The amendments mental plan by the beneficiaries, survivors, ‘‘(ii) the participant may make only 1 such made by subsection (b) shall apply to plan or the estate of an employee as the result of election.’’ years beginning after December 31, 1984. the death of the employee.’’ (b) COST-OF-LIVING ADJUSTMENT OF MAX- SEC. 511. SPECIAL RULES FOR PLANS COVERING (d) REVOCATION OF GRANDFATHER ELEC- IMUM DEFERRAL AMOUNT.—Subsection (e) of PILOTS. TION.— section 457, as amended by section 507(c)(2), (a) GENERAL RULE.— (1) IN GENERAL.—Subparagraph (C) of sec- is amended by adding at the end the fol- (1) Subparagraph (B) of section 410(b)(3) is tion 415(b)(10) is amended by adding at the lowing new paragraph: amended to read as follows: end the following new clause: ‘‘(15) COST-OF-LIVING ADJUSTMENT OF MAX- ‘‘(B) in the case of a plan established or ‘‘(ii) REVOCATION OF ELECTION.—An election IMUM DEFERRAL AMOUNT.—The Secretary maintained by one or more employers to pro- under clause (i) may be revoked not later shall adjust the $7,500 amount specified in vide contributions or benefits for air pilots than the last day of the third plan year be- subsections (b)(2) and (c)(1) at the same time employed by one or more common carriers ginning after the date of the enactment of and in the same manner as under section engaged in interstate or foreign commerce or this clause. The revocation shall apply to all 415(d), except that the base period shall be air pilots employed by carriers transporting plan years to which the election applied and the calendar quarter beginning October 1, mail for or under contract with the United to all subsequent plan years. Any amount 1994.’’ States Government, all employees who are paid by a plan in a taxable year ending after (c) EFFECTIVE DATE.—The amendments not air pilots.’’ the revocation shall be includible in income made by this section shall apply to taxable (2) Paragraph (3) of section 410(b) is amend- in such taxable year under the rules of this years beginning after the date of the enacted by striking the last sentence and insert- chapter in effect for such taxable year, ex- ment of this Act. ing the following new sentence: ‘‘Subpara- cept that, for purposes of applying the limi- SEC. 509. CONTRIBUTIONS ON BEHALF OF DIS- graph (B) shall not apply in the case of a tations imposed by this section, any portion ABLED EMPLOYEES. plan which provides contributions or benefits of such amount which is attributable to any (a) ALL DISABLED PARTICIPANTS RECEIVING for employees who are not air pilots or for taxable year during which the election was CONTRIBUTIONS.—Section 415(c)(3)(C) is air pilots whose principal duties are not cus- in effect shall be treated as received in such amended by adding at the end the following: tomarily performed aboard aircraft in taxable year.’’ ‘‘If a defined contribution plan provides for flight.’’ (b) EFFECTIVE DATE.—The amendments (2) CONFORMING AMENDMENT.—Subpara- the continuation of contributions on behalf made by subsection (a) shall apply to years graph (C) of section 415(b)(10) is amended by of all participants described in clause (i) for beginning after December 31, 1995. striking ‘‘This’’ and inserting: a fixed or determinable period, this subpara- SEC. 512. TENURED FACULTY. ‘‘(i) IN GENERAL.—This’’. graph shall be applied without regard to (a) IN GENERAL.—Section 457(e)(11) is (e) EFFECTIVE DATE.— clauses (ii) and (iii).’’ amended by inserting ‘‘eligible faculty vol- (1) IN GENERAL.—The amendments made by (b) EFFECTIVE DATE.—The amendments untary retirement incentive pay,’’ after ‘‘dis- made by this section shall apply to years be- subsections (a), (b), (c), and (d) shall apply to ability pay,’’. ginning after December 31, 1995. taxable years beginning on or after the date (b) DEFINITION.—Section 457(e), as amended of the enactment of this Act. The amend- SEC. 510. DISTRIBUTIONS UNDER RURAL COOP- by sections 507(c)(2) and 508(b), is amended by ments made by subsection (e) shall apply ERATIVE PLANS. adding at the end the following new para- with respect to revocations adopted after the (a) DISTRIBUTIONS FOR HARDSHIP OR AFTER graph: date of the enactment of this Act. A CERTAIN AGE.—Section 401(k)(7) is amended ‘‘(16) DEFINITION OF ELIGIBLE FACULTY VOL- (2) TREATMENT FOR YEARS BEGINNING BE- by adding at the end the following new sub- UNTARY RETIREMENT INCENTIVE PAY.—For FORE DATE OF ENACTMENT.—A governmental paragraph: purposes of this section, the term ‘eligible plan (as defined in section 414(d) of the Inter- ‘‘(C) SPECIAL RULE FOR CERTAIN DISTRIBU- faculty voluntary retirement incentive pay’ nal Revenue Code of 1986) shall be treated as TIONS.—A rural cooperative plan which in- means payments under a plan established for satisfying the requirements of section 415 of cludes a qualified cash or deferred arrange- employees serving under contracts of unlim- such Code for all taxable years beginning be- ment shall not be treated as violating the re- ited tenure (or similar arrangements pro- fore the date of the enactment of this Act. quirements of section 401(a) or of paragraph viding for unlimited tenure) at an institu- SEC. 508. TREATMENT OF DEFERRED COMPENSA- (2) merely by reason of a hardship distribution of higher education (as defined in sec- TION PLANS OF STATE AND LOCAL tion or a distribution to a participant after tion 1201(a) of the Higher Education Act of GOVERNMENTS AND TAX-EXEMPT attainment of age 591⁄2. For purposes of this 1965 (20 U.S.C. 1141(a))) which— ORGANIZATIONS. section, the term ‘hardship distribution’ ‘‘(A) provides— (a) SPECIAL RULES FOR PLAN DISTRIBU- means a distribution described in paragraph ‘‘(i) payment to employees electing to re- TIONS.—Paragraph (9) of section 457(e) (relat- (2)(B)(i)(IV) (without regard to the limit of tire during a specified period of time of lim- ing to other definitions and special rules) is its application to profit-sharing or stock ited duration, or amended to read as follows: bonus plans).’’ ‘‘(ii) payment to employees who elect to ‘‘(9) BENEFITS NOT TREATED AS MADE AVAIL- (b) DEFINITION OF RURAL COOPERATIVE retire prior to normal retirement age, ABLE BY REASON OF CERTAIN ELECTIONS, ETC.— PLANS.— ‘‘(B) provides that the total amount of pay- ‘‘(A) TOTAL AMOUNT PAYABLE IS $3,500 OR (1) PUBLIC UTILITY DISTRICTS.—Clause (i) of ments to an employee does not exceed the LESS.—The total amount payable to a partic- section 401(k)(7)(B) (defining rural coopera- equivalent of twice the employee’s annual ipant under the plan shall not be treated as tive) is amended to read as follows: compensation (within the meaning of section made available merely because the partici- ‘‘(i) any organization which— 415(c)(3)) during the year immediately pre- pant may elect to receive such amount (or ‘‘(I) is engaged primarily in providing elec- ceding the employee’s termination of serv- the plan may distribute such amount with- tric service on a mutual or cooperative basis, ice, and out the participant’s consent) if— or ‘‘(C) provides that all payments to an em- ‘‘(i) such amount does not exceed $3,500, ‘‘(II) is engaged primarily in providing ployee must be completed within 5 years and electric service to the public in its area of after the employee’s termination of service.’’ ‘‘(ii) such amount may be distributed only service and which is exempt from tax under (c) EFFECTIVE DATE.—The amendments if— this subtitle or which is a State or local gov- made by this section shall apply to years be- ‘‘(I) no amount has been deferred under the ernment (or an agency or instrumentality ginning after December 31, 1995. plan with respect to such participant during thereof), other than a municipality (or an SEC. 513. UNIFORM RETIREMENT AGE. the 2-year period ending on the date of the agency or instrumentality thereof).’’ (a) DISCRIMINATION TESTING.—Paragraph (5) distribution, and (2) RELATED ORGANIZATIONS.—Subpara- of section 401(a) (relating to special rules re- ‘‘(II) there has been no prior distribution graph (B) of section 401(k)(7), as amended by lating to nondiscrimination requirements) is under the plan to such participant to which paragraph (1), is amended by striking clause amended by adding at the end the following this subparagraph applied. (iv) and inserting the following new clauses: new subparagraph:

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9524 CONGRESSIONAL RECORD — SENATE June 30, 1995

‘‘(F) SOCIAL SECURITY RETIREMENT AGE.— any report which is an information return ‘‘(f) EXECUTIVE DIRECTOR AND ADDITIONAL For purposes of testing for discrimination described in section 6724(d)(1)(C)(i) or a payee PERSONNEL; APPOINTMENT AND COMPENSA- under paragraph (4)— statement described in section 6724(d)(2)(U).’’ TION; CONSULTANTS.— ‘‘(i) the social security retirement age (as (e) EFFECTIVE DATE.—The amendments ‘‘(1) The Commission shall appoint an Ex- defined in section 415(b)(8)) shall be treated made by this section shall apply to returns, ecutive Director of the Commission. In addi- as a uniform retirement age, and reports, and other statements the due date tion to the Executive Director, the Commis- ‘‘(ii) subsidized early retirement benefits for which (determined without regard to ex- sion may appoint and fix the compensation and joint and survivor annuities shall not be tensions) is after December 31, 1995. of such personnel as it deems advisable. Such treated as being unavailable to employees on SEC. 515. NATIONAL COMMISSION ON PRIVATE appointments and compensation may be the same terms merely because such benefits PENSION PLANS. made without regard to the provisions of or annuities are based in whole or in part on (a) IN GENERAL.—Chapter 77 is amended by title 5, United States Code, that govern ap- an employee’s social security retirement age adding at the end the following new section: pointments in the competitive service, and (as so defined).’’ ‘‘SEC. 7524. NATIONAL COMMISSION ON PRIVATE the provisions of chapter 51 and subchapter (b) EFFECTIVE DATE.—The amendments PENSION PLANS. III of chapter 53 of such title that relate to made by this section shall apply to years be- ‘‘(a) ESTABLISHMENT.—There is hereby es- classifications and the General Schedule pay ginning after December 31, 1995. tablished a commission to be known as the rates. SEC. 514. UNIFORM PENALTY PROVISIONS TO National Commission on Private Pension ‘‘(2) The Commission may procure such APPLY TO CERTAIN PENSION RE- Plans (in this section referred to as the temporary and intermittent services of con- PORTING REQUIREMENTS. ‘Commission’). sultants under section 3109(b) of title 5, (a) IN GENERAL.— ‘‘(b) MEMBERSHIP.— United States Code, as the Commission de- (1) Paragraph (1) of section 6724(d) is ‘‘(1) The Commission shall consist of— termines to be necessary to carry out the du- amended by striking ‘‘and’’ at the end of sub- ‘‘(A) 6 members to be appointed by the ties of the Commission. paragraph (A), by striking the period at the President; ‘‘(g) TIME AND PLACE OF HEARINGS AND NA- end of subparagraph (B) and inserting ‘‘, ‘‘(B) 6 members to be appointed by the TURE OF TESTIMONY AUTHORIZED.—In car- and’’, and by inserting after subparagraph Speaker of the House of Representatives; and rying out its duties, the Commission, or any (B) the following new subparagraph: ‘‘(C) 6 members to be appointed by the Ma- duly organized committee thereof, is author- ‘‘(C) any statement of the amount of pay- jority Leader of the Senate. ized to hold such hearings, sit and act at ments to another person required to be made ‘‘(2) The appointments made pursuant to such times and places, and take such testi- to the Secretary under— subparagraphs (B) and (C) of paragraph (1) mony, with respect to matters for which it ‘‘(i) section 408(i) (relating to reports with shall be made in consultation with the chair- has a responsibility under this section, as respect to individual retirement accounts or men of the committees of the House of Rep- the Commission or committee may deem ad- annuities), or resentatives and the Senate, respectively, visable. ‘‘(ii) section 6047(d) (relating to reports by having jurisdiction over relevant Federal ‘‘(h) DATA AND INFORMATION FROM OTHER employers, plan administrators, etc.).’’ pension programs. AGENCIES AND DEPARTMENTS.— (2) Paragraph (2) of section 6724(d) is ‘‘(c) DUTIES AND FUNCTIONS OF COMMISSION; ‘‘(1) The Commission may secure directly from any department or agency of the amended by striking ‘‘or’’ at the end of sub- PUBLIC HEARINGS IN DIFFERENT GEO- United States such data and information as paragraph (S), by striking the period at the GRAPHICAL AREAS; BROAD SPECTRUM OF WIT- may be necessary to carry out its respon- end of subparagraph (T) and inserting a NESSES AND TESTIMONY.— sibilities. comma, and by inserting after subparagraph ‘‘(1) It shall be the duty and function of the ‘‘(2) Upon request of the Commission, any (T) the following new subparagraphs: Commission to conduct the studies and issue such department or agency shall furnish any ‘‘(U) section 408(i) (relating to reports with the report required by subsection (d). such data or information. respect to individual retirement plans) to ‘‘(2) The Commission (and any committees ‘‘(i) SUPPORT SERVICES BY GENERAL SERV- any person other than the Secretary with re- that it may form) may conduct public hearings in order to receive the views of a broad ICES ADMINISTRATION.—The General Services spect to the amount of payments made to Administration shall provide to the Commis- spectrum of the public on the status of the such person, or sion, on a reimbursable basis, such adminis- Nation’s private retirement system. ‘‘(V) section 6047(d) (relating to reports by trative support services as the Commission ‘‘(d) REPORT TO THE PRESIDENT AND CON- plan administrators) to any person other may request. GRESS; RECOMMENDATIONS.—The Commission than the Secretary with respect to the ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— shall submit to the President, to the Major- amount of payments made to such person.’’ There are authorized to be appropriated for (b) MODIFICATION OF REPORTABLE DES- ity Leader and the Minority Leader of the each of fiscal years 1995 and 1996, such sums IGNATED DISTRIBUTIONS.— Senate, and to the Majority Leader and the as may be necessary to carry out this sec- (1) SECTION 408.—Subsection (i) of section Minority Leader of the House of Representa- tion. 408 (relating to individual retirement ac- tives a report no later than September 1, ‘‘(k) DONATIONS ACCEPTED AND DEPOSITED count reports) is amended by inserting ‘‘ag- 1996, reviewing existing Federal incentives IN TREASURY IN SEPARATE FUND; EXPENDI- gregating $10 or more in any calendar year’’ and programs that encourage and protect TURES.— after ‘‘distributions’’. private retirement savings. The final report ‘‘(1) The Commission is authorized to ac- (2) SECTION 6047.—Paragraph (1) of section shall also set forth recommendations where cept donations of money, property, or per- 6047(d) (relating to reports by employers, appropriate for increasing the level and secu- sonal services. Funds received from dona- plan administrators, etc.) is amended by add- rity of private retirement savings. tions shall be deposited in the Treasury in a ing at the end thereof the following new sen- ‘‘(e) TIME OF APPOINTMENT OF MEMBERS; separate fund created for this purpose. Funds tence: ‘‘No return or report may be required VACANCIES; ELECTION OF CHAIRMAN; QUORUM; appropriated for the Commission and do- under the preceding sentence with respect to CALLING OF MEETINGS; NUMBER OF MEETINGS; nated funds may be expended for such pur- distributions to any person during any year VOTING; COMPENSATION AND EXPENSES.— poses as official reception and representation unless such distributions aggregate $10 or ‘‘(1)(A) Members of the Commission shall expenses, public surveys, public service an- more.’’ be appointed for terms ending on September nouncements, preparation of special papers, (c) QUALIFYING ROLLOVER DISTRIBUTIONS.— 1, 1996. analyses, and documentaries, and for such Section 6652(i) is amended— ‘‘(B) A vacancy in the Commission shall other purposes as determined by the Com- (1) by striking ‘‘the $10’’ and inserting not affect its powers, but shall be filled in mission to be in furtherance of its mission to ‘‘$100’’, and the same manner as the vacant position was review national issues affecting private pen- (2) by striking ‘‘$5,000’’ and inserting first filled. sion plans. ‘‘$50,000’’. ‘‘(2) The Commission shall elect 1 of its ‘‘(2) Expenditures of appropriated and do- (d) CONFORMING AMENDMENTS.— members to serve as Chairman of the Com- nated funds shall be subject to such rules (1) Paragraph (1) of section 6047(f) is mission. and regulations as may be adopted by the amended to read as follows: ‘‘(3) A majority of the members of the Commission and shall not be subject to Fed- ‘‘(1) For provisions relating to penalties for Commission shall constitute a quorum for eral procurement requirements. failures to file returns and reports required the transaction of business. ‘‘(l) PUBLIC SURVEYS.—The Commission is under this section, see sections 6652(e), 6721, ‘‘(4) The Commission shall meet at the call authorized to conduct such public surveys as and 6722.’’ of the Chairman. it deems necessary in support of its review of (2) Subsection (e) of section 6652 is amend- ‘‘(5) Decisions of the Commission shall be national issues affecting private pension ed by adding at the end the following new according to the vote of a simple majority of plans and, in conducting such surveys, the sentence: ‘‘This subsection shall not apply to those present and voting at a properly called Commission shall not be deemed to be an any return or statement which is an infor- meeting. ‘‘agency’’ for the purpose of section 3502 of mation return described in section ‘‘(6) Members of the Commission shall title 44, United States Code.’’ 6724(d)(1)(C)(ii) or a payee statement deserve without compensation, but shall be re- (b) CONFORMING AMENDMENT.—The table of scribed in section 6724(d)(2)(V).’’ imbursed for travel, subsistence, and other sections for chapter 77 is amended by adding (3) Subsection (a) of section 6693 is amend- necessary expenses incurred in the perform- at the end the following new item: ed by adding at the end the following new ance of their duties as members of the Com- ‘‘Sec. 7524. National Commission on Private sentence: ‘‘This subsection shall not apply to mission. Pension Plans.’’

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9525 SEC. 516. DATE FOR ADOPTION OF PLAN AMEND- pensated employees. First, the Act will ees would be treated as highly compensated MENTS. eliminate end-of-year adjustments caused by unless they received compensation in excess If any amendment made by this Act re- employee population changes during the of $80,000. quires an amendment to any plan, such plan year by providing a rule that the maximum Salary Reduction Simplified Employee amendment shall not be required to be made contribution for HCEs is determined by ref- Pensions (SEPs). The Act adds the two de- before the first day of the first plan year be- erence to NHCEs for the preceding, rather sign-based safe harbors, discussed in #5 ginning on or after January 1, 1997, if— than the current year. Second, the bill pro- above, as methods of satisfying the non- (1) during the period after such amendment vides two 401(k) plan designs which if offered discrimination requirements for SEPs. Fur- takes effect and before such first plan year, by the employer, will qualify the employer ther, the Act provides that SEPs may be es- the plan is operated in accordance with the for a special safe harbor, thus eliminating tablished by employers with 100 or fewer em- requirements of such amendment, and the need to do several annual, complex dis- ployees, instead of current law (25 or fewer (2) such plan amendment applies retro- crimination tests that apply to traditional employees), and the Act repeals the require- actively to such period. plans. ment that at least half of eligible employees In the case of a governmental plan (as de- 6. Simplify Taxation of Annuity Distribu- actually participate in a salary reduction fined in section 414(d) of the Internal Rev- tions. A simplified method for determining SEP. enue Code of 1986), this section shall be ap- the nontaxable portion of an annuity pay- Exemption from Top Heavy Plan Require- plied by substituting ‘‘1999’’ for ‘‘1997’’. ment, similar to the current simplified alter- ments. Under the Act, if no employee makes native, would become the required method. over $80,000 (indexed) in the preceding year, PENSION SIMPLIFICATION ACT OF 1995 Taxpayers would no longer be compelled to the top heavy plan requirements do not do calculations under multiple methods in apply for that year. The Pension Simplification Act will pro- order to determine the most advantageous 11. Permit Tax Exempt Organizations to vide greater access to our private pension approach. Under the simplified method, the Maintain 401(k) Plans. Except for certain system by reducing the costs of providing portion of an annuity payment that would be plans established before July 2, 1986, an orga- pension benefits. The Act achieves this re- nontaxable is generally equal to the nization exempt from income tax is not al- sult by eliminating many of the unnecessary employees’s total after-tax contributions, di- lowed to maintain a 401(k) plan. This rule complexities in the Tax Code. While the Act vided by the number of anticipated payments prevents many tax-exempt organizations affects both large and small employers, spe- listed in a table (based on the employee’s age from offering their employees retirement cial provisions target small business where as of the annuity starting date). benefits on a salary reduction basis. The bill sponsorship of a plan by an employer, and 7. Repeal Rule Requiring Employer Plans provides that tax exempt organizations (ex- employee participation, is historically very to Commence Minimum Distributions before cept section 501(c)(3)s which may currently low. Retirement. The Act repeals the current law provide 403(b) plans) may provide 401(k) 1. Simplification of the Definition of rule requiring distribution of benefits after a plans to their employees. ‘‘Highly Compensated Employee’’. Current participant reaches age 701⁄2, even if he or she 12. Leased Employees. Generally, the bill law requires an employer to identify HCEs does not retire. However, the current law defines an employee as a ‘‘leased employee’’ using a 7-part test in order to ensure that rule will continue to apply to 5% owners. of a service recipient only if the services are HCEs do not disproportionately benefit 8. Eliminate the Section 415(e) Combined performed by the individual under the con- under the plan. The bill proposes a simpler 3- Plan Limit. Section 415(e) applies an overall trol of the recipient. This simplified ‘‘control part test to achieve this goal. Under the pro- limit on benefits and contributions with re- test’’ replaces the complicated, 4-part ‘‘his- posal, an employee is an HCE if the employee spect to an individual who participates in torically performed test.’’ (1) was a 5-percent owner at any time during both a defined contribution plan and defined 13. Vesting for Multi-Employer Plans. The the year or preceding year, (2) has compensa- benefit plan maintained by the same em- bill conforms vesting requirements for tion for the preceding year in excess of ployer. These rules are extremely com- multi-employer plans to vesting require- $80,000 (indexed), or (3) was the highest-paid plicated, and very burdensome to administer ments for all other qualified plans. Thus, the officer during the year (see #10 below which because they require maintaining compensa- current law 10-year vesting rule for collec- provides an exception to this rule for certain tion and contribution records for all employ- tively bargained plans would be repealed and small businesses). ees for all years of service. Further, the test such plans would be required to comply with 2. Repeal of the Family Aggregation Rules. is duplicative in that there are other provi- general vesting rules. The family aggregation rules greatly com- sions in the Code which safeguard against an 14. Full-Funding Limitations for Multi- plicate the application of the nondiscrimina- individual accruing excessive retirement Employer Plans. The bill simplifies the cal- tion tests, particularly for family-owned or benefits on a tax-favored basis. culation of the full funding limitation for operated businesses, and may unfairly reduce 9. Repeal 5-year Income Averaging for multi-employer plans, and requires actuarial retirement benefits for the family members Lump-Sum Distributions. The bill repeals valuations be performed at least every 3 who are not HCEs. The bill eliminates the the special rule that allows a plan partici- years, instead of every year. rule that requires certain HCEs and their pant to calculate the current year tax on a 15. Alternative Full-Funding Limitation. family members to be treated as a single em- lump-sum pension distribution as if the current law provides a formula which limits ployee. amount were received over a 5-year period. pension contributions an employer may 3. Simplify the Definition of ‘‘Compensa- This special rule, designed to prevent unfair make to a plan, in order to prevent over- tion’’ under Section 415. The general limit on ‘‘bunching’’ of income, is no longer needed funding. The bill provides the Secretary of a participant’s annual contributions is based because of liberalized rollover rules enacted Treasury authority to allow employers some on that individuals’s taxable compensation. in 1992 (originally part of the Pension Sim- flexibility in determining the full-funding The result is that pre-tax employee contribu- plification Act) which allow for partial dis- limitation. tions (e.g., to cafeteria plans) reduce the par- tributions from a plan. 16. Volunteer Employees’ Beneficiary Asso- ticipant’s taxable compensation, and in turn, 10. Targeting Small Business. Retirement ciation (VEBA). Current regulations require their section 415 contribution limit. This plan coverage among employees of small em- that employees eligible to participate in a rule makes it difficult to communicate in ployers is dismally low. The cost of estab- VEBA share an employment-related common advance the section 415 limit and it leads to lishing a retirement plan is, in a significant bond. The bill clarifies this requirement by many inadvertent violations. Under the bill, way, disproportionately high for small em- specifying that an employment-related com- pre-tax employee contributions would be ployers. The following provisions will help to mon bond includes employer affiliation counted as compensation under section 415. alleviate these barriers: where employers are in the same line of busi- 4. Exempt Defined Contribution Plans from Tax Credit for Start-Up Costs. Employers ness; they act jointly to perform tasks that the Minimum Participation Rule. Every with less than 50 employees that have not are integral to the activities of each of them; qualified plan currently must cover at least maintained a qualified retirement plan at and that such joint activities are sufficiently 50 employee or, in smaller companies, 40% of any time during the immediately preceding extensive that the maintenance of a common all employees of the employer. This rule is two years, would be eligible for an income VEBA is not a major part of such joint ac- intended to prevent the use of individual de- tax credit (up to $1000) equal to the cost of tivities. fined benefit plans to give high paid employ- establishing a qualified plan. 17. Government Plans. The limitations on ees better benefits than those provided to Elimination of the One-High-Paid Officer contributions and benefits present special others under a separate plan. Because the Rule. The highest paid officer of an employer problems for plans maintained by State and abuses addressed by the rule are unlikely to is considered an HCE under current law. This local governments due to the special nature arise in the context of defined contribution rule is unfair for small employers with low- of the involvement and operation of such plans, the rule adds unnecessary administra- wage workforces. For example, the highest governments. The Act addresses these prob- tive burden and complexity for defined con- paid officer of a small employer may earn an lems by providing (1) section 457 does not tribution plans; therefore, the bill repeals amount less than $66,000 yet that employee apply to excess benefit plans maintained by the rule for these plans. must be treated as highly compensated. The State or local governments, (2) the com- 5. Section 401(k) Safe Harbor. Current law result is that the nondiscrimination rules se- pensation limit on benefits under a defined requires complicated, annual comparisons verely limit his or her benefits. Thus many benefit plan does not apply to plans main- between the level of contributions to 401(k) small employers decide not to offer plans. tained by a State or local government, and plans made by HCEs and non-highly com- The bill provides that no owners or employ- (3) the defined benefit pension plan limits do

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9526 CONGRESSIONAL RECORD — SENATE June 30, 1995 not apply to certain disability and survivor our Republican colleagues on the other by this legislation will significantly improve benefits provided under State and local gov- side of the aisle and with our Presi- the country’s voluntary retirement plan sys- ernment plans. dent, all of us together this year can tem. Further, because of the unique characteris- enact this legislation into law. Should Sincerely yours, tics of the State and local government em- PAULA A. CALIMAFDE. ployee plans, many long-tenured and rel- we do this, small businesses across atively low-paid employees may be eligible America would be extremely grateful. NATIONAL FEDERATION OF to receive benefits in excess of their average It is important that this legislation INDEPENDENT BUSINESS, compensation. Therefore, the Act provides have support from both sides, Mr. Washington, DC, June 27, 1995. that the current law 100% of compensation President, and I am happy to have Sen- Hon. DAVID PRYOR, limit does not apply to plans maintained by ator HATCH, my fellow member of the U.S. Senate, Washington, DC. State and local governments. Finance Committee, as a lead cospon- DEAR SENATOR PRYOR: On behalf of the more than 600,000 members of the National 18. State and Local Government Deferred sor on this bill. I wish to thank him for Compensation (Section 457) Plans. The Act Federation of Independent Business (NFIB), I makes 3 changes to Section 457 plan rules: (1) joining us, and I look forward to work- wish to indicate our strong support for your it indexes the dollar limit on deferrals; (2) it ing with him on this very important legislation, The Pension Simplification Act permits in-service distributions from ac- legislation. of 1995. counts of less than $3,500 if there has been no Mr. President, these new pension NFIB believes that simplification of the amount deferred with respect to the account simplification provisions affecting regulations and reduction in the costs asso- for 2 years and if there has been no prior dis- small business have already been ciated with retirement plans are of vital im- tribution under this cash-out rule; and (3) it portance to American small business. Al- strongly endorsed by three important most two-thirds of NFIB members strongly permits an additional election as to the time small business organizations: distributions must begin under the plan. support pension simplification and the 1995 These changes are designed to make Section The National Federation of Inde- White House Conference on Small Business 457 plan participants treated more like pri- pendent Business, the U.S. Chamber of ranked pension simplification number seven vate plan participants. Commerce, and the Small Business out of sixty. Your legislation will increase 19. Rural Cooperatives. Unlike all other Council of America. the chances that small employers will set-up section 401(k) plans, rural cooperative 401(k) I ask unanimous consent that a copy retirement plans, enabling their employees plans are not permitted to make in-service of these letters of endorsement from and themselves to provide for a secure retire- 1 ment. distributions for hardship or after age 59 ⁄2. these very distinguished organizations The Act treats rural cooperative plans the Three out of every four small businesses be printed in the RECORD. currently do not have retirement plans. same as all other 401(k) plans. The Act also There being no objection, the letters clarifies the definition of a ‘‘rural coopera- Until small employers offer pension plans, tive’’ for purposes of determining eligibility were ordered to be printed in the many American workers will not be covered to offer a 404(k) plan. RECORD, as follows: for their retirement outside of individual 20. Rules for Plans Covering Pilots. The SMALL BUSINESS COUNCIL savings and Social Security. An NFIB Education Foundation study re- Act applies the same discrimination testing OF AMERICA rules to pensions maintained for airland pi- Overland Park, KS. vealed that one-third of small businesses lots, whether or not the plans are collec- Re Pension simplification bill. which recently terminated their retirement plans, did so because of changing and com- tively-bargained. Thus, under the rules, em- Hon. DAVID PRYOR, ployees who are not air pilots may be ex- plex regulations. Enabling small employers Russell Senate Office Building, Washington, to implement a retirement plan without cluded from consideration in testing whether DC. the plan satisfies the minimum coverage re- complex participation and non-discrimina- DEAR SENATOR PRYOR: The Small Business tion rules as well as clarifying the definition quirements. Council of America strongly endorses the 21. Eligible Faculty Voluntary Retirement of highly compensated employees will pro- new pension simplification legislation which vide small employers with incentives to offer Incentive Plans. The Act modifies the ‘‘risk will streamline the country’s voluntary re- of forfeiture’’ rule governing the timing of plans. tirement plan system and encourage savings. I also want to commend you for including tax liability to allow qualifying future pay- We particularly appreciate the provisions ments under an eligible faculty voluntary re- a tax credit for small businesses equal to the that target the Nation’s small businesses. cost of establishing a qualified retirement tirement incentive plan to be taxes when re- There is no question that these provisions ceived, as opposed to at the time the partici- plan. And finally, NFIB supports your pro- will give small businesses greater access to posal to prohibit the IRS from issuing retire- pant becomes entitled to them. the retirement plan system than they have 22. Uniform Retirement Act/Social Secu- ment plan regulations unless the regulation had over the last decade. includes a section addressing the needs of rity Retirement Age. The bill recognizes We have watched with approval your un- that plans use age 65 as a ‘‘normal retire- small employers. ceasing drive to revive the retirement plan Small business owners purchase pensions ment age’’ in part because it is Social Secu- system. Of particular importance to our coverage the same way they purchase other rity’s ‘‘normal retirement age.’’ Because the members is the repeal of family aggregation, employee benefits. The lower the costs—in ‘‘normal retirement age’’ is scheduled to in- the institution of voluntary safe harbors for time, trouble and dollars—the more likely crease under the Social Security law, the bill 401(k) plans and the tax credit for start up employers will participate. We look forward provides that for purposes of the general costs, the recognition that for many small to working with you to achieve its passage. nondiscrimination rule, the Social Security businesses there is no such thing as a highly Sincerely, retirement age is a uniform retirement age. compensated employee, the return of JACK FARIS, 23. Blue-Ribbon Commission. The bill es- 401(a)(26) to its original purpose and the re- Presdient. tablishes a blue-ribbon commission which peal of the complicated 415(e) fraction. All of will identify the long-term goals for private these changes, as well as others set forth in CHAMBER OF COMMERCE retirement savings. The 18-member commis- the bill, will dramatically improve the exist- OF THE UNITED STATES OF AMERICA sion would consist of 6 members appointed ing retirement plan system. By making the Washington, DC, June 29, 1995. by the President; 6 by the Speaker of the system user friendly, more small businesses Hon. DAVID H. PRYOR, House; and 6 by the Senate Majority Leader. will sponsor retirement plans. Easing admin- U.S. Senate, Washington, DC. Mr. PRYOR. Mr. President, this istrative burdens will reduce the costs of DEAR SENATOR PRYOR: On behalf of the month I was extremely gratified when maintaining retirement plans particularly U.S. Chamber of Commerce Federation of President Clinton unveiled his ap- for small businesses. 215,000 businesses, 3,000 state and local cham- proach to simplify the pension rules. Retirement plans sponsored by small busi- bers of commerce. 1,200 trade and profes- nesses operate under a stringent and exces- Many of the provisions in this legisla- sional associations, and 72 American Cham- sively complicated statutory and regulatory bers of Commerce abroad, I commend you for tion are also in this particular Pension system. These limitations and rules are now introducing the ‘‘Pension Simplification Act Simplification Act of 1995 that I am in- so complicated that the costs of sponsoring a of 1995.’’ troducing today and am joined with by retirement plan often outweigh the benefits The American business community is en- my colleagues, Senators HATCH, that a small business can reasonably expect couraged by your efforts to simplify the BREAUX, and LEAHY. to obtain. By making the changes called for highly complex and overly burdensome pri- I wish to thank our colleagues for in this legislation, with a few additional vate pension laws. We are especially pleased helping us in this matter. I commend changes, the costs incurred by small busi- that many of the proposed changes in the nesses sponsoring retirement plans will be legislation target small employers, providing the President for focusing on this very brought back into line. The Small Business incentives for small businesses to sponsor re- important cause affecting small busi- Council of America, with its technical exper- tirement plans. nesses throughout our country. I be- tise in the small business retirement plan As you know, the time has come to reverse lieve that by working together with area, believes that the changes contemplated the decade-old assault on private pensions,

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9527 and to enact sensible reform legislation that fined benefit pension plans and toward vide the relief that will result in retire- encourages employers to sponsor retirement defined contribution plans is a direct ment security for working Americans. plans for their employees. This legislation result of increased regulation. Employ- provides a solid framework for such reforms This bill introduces safe harbor rules ers prefer defined contribution plans for 401(k) plans that will help employ- by making meaningful changes to many of because such plans are easier to admin- the Internal Revenue Code provisions that ers know whether or not their plans are currently hinder the private pension system. ister and do not have the complex, bur- qualified for tax-deferred treatment. While the introduction of this legislation is densome rules that govern defined ben- The complex compliance tests required a good start, there is much more that can efit plans. This movement away from by current law will be eliminated. and should be done to ensure that pension re- defined benefit plans has effectively A strong disincentive to offer defined form provides truly meaningful opportuni- shifted the risks of the retirement plan benefit pension plans will be removed ties for increased savings through employer- investments from employers to em- sponsored pension plans. ployees. by simplifying the method for deter- The Chamber appreciates your leadership At a time when the long-term ade- mining the nontaxable portion of annu- on this issue. We look forward to working quacy of our Social Security Program ity payments. Thus, employers would with you and other members of Congress to no longer have to make complex cal- ensure that the goals of simplifying our na- is in question, we should be encour- aging private sector retirement saving, culations to determine whether offer- tion’s pension laws and providing incentives ing a defined benefit or a defined con- for plan sponsorship are not lost as this leg- not crippling pension plans with more islation moves through Congress. and more regulation. The pension sys- tribution plan is more advantageous. Sincerely, tem provides a vital source of funding The Pension Simplification Act also R. BRUCE JOSTEN. for the retirement needs of our nation’s benefits State and local government Mr. PRYOR. Mr. President, finally, workforce. Over 41 million working pension plans by clarifying the applica- in the coming days, I will be asking our Americans currently enrolled in pri- tion of the benefit limitation rules and colleagues to look closely at the Pen- vate sector pension plans would di- by allowing these employers to estab- sion Simplification Act and join me in rectly benefit from pension simplifica- lish 401(k)-type plans. cosponsoring this effort. It is a bipar- tion. This bill also removes many of the tisan effort. As unfortunate as the number of ter- burdens that small businesses face The bottom line is that it will in- minations of pension plans have been, when trying to provide retirement pro- crease retirement savings for workers Mr. President, the real tragedy of pen- grams for their employees. The Pen- in our country, especially those who sion law complexity is at the small sion Simplification Act will make it work in small firms which, of course, is business level. Much of the burden of easier for small businesses to provide so critical to America’s future. current pension law has fallen squarely retirement security for millions of Mr. HATCH. Mr. President, I am on the shoulders of America’s small Americans by providing a tax credit for pleased to join with my distinguished businesses. Many small businesses sim- starting a new pension plan. The bill colleague, Senator PRYOR, to introduce ply cannot afford to establish pension also removes the complex discrimina- the Pension Simplification Act of 1995. plans for their employees. tion rules for small employers and ex- Even if a small firm is able to estab- I commend Senator PRYOR for the work empts small businesses from the min- lish a pension plan, current law throws he has done on this issue over the past imum participation rules. up barriers to keeping the plan quali- few years. Mr. President, this bill targets a I would also like to compliment fied for tax deferral treatment. Small businesses simply do not have the re- complex and confusing area of law. President Clinton for his efforts in this However, our goal is quite simple—in- area. We welcome the administration’s sources necessary to comply with all of the tests and antidiscrimination rules creased retirement security for Amer- suggestions on this issue. ican workers. Mr. President, simplification of this demanded by current law. As a result of the heavy regulation of complex area of the tax law is long The Pension Simplification Act is pension plans, lack of retirement plan overdue. In 1974, the Employee Retire- great bill, I urge my colleagues to join sponsorship has left employees of small ment Income Security Act [ERISA] Senator PRYOR and me in supporting businesses out in the cold. Retirement was passed into law. The original in- this important piece of legislation. plans are simply not an option for tent of Congress for this act was, as the Mr. President, I ask unanimous con- small employers because of the high name implies, to provide security for sent that additional material be print- cost to establish and administer them. private sector retirees. However, al- ed in the RECORD. In 1993, only 19 percent of employers most all of the laws and regulations There being no objection, the mate- with fewer than 25 employees spon- governing private sector pensions that rial was ordered to be printed in the sored a pension plan. have been added since that time have Thus, small businesses are placed at RECORD, as follows: had the completely opposite effect. a competitive disadvantage to larger SECTION-BY-SECTION ANALYSIS OF THE Since 1980, Congress has passed an firms by our current pension law. Not PENSION SIMPLIFICATION ACT OF 1995 average of one law per year affecting only do the compliance costs take TITLE I—SIMPLIFICATION OF THE private sector pensions. As the rules away from a small firm’s profitability, NONDISCRIMINATION PROVISIONS and regulations governing pension but the firm’s ability to attract high- plans have multiplied, defined benefit Sec. 101. Definition of Highly Compensated quality employees is also impaired. Employee (HCE) pension plans have become less and less Employees seeking retirement security attractive to employers, As a result, prefer to work for a large company In general, under present law, an employee pension plan terminations have con- is treated as highly compensated with re- that can much more easily provide a spect to a year if during the year or the pre- sistently outpaced the growth of new pension plan over a small firm that plans. ceding year the employee (1) was a 5-percent cannot provide such security. owner of the employer, (2) received more My colleague, Senator PRYOR, has Mr. President, the Pension Sim- than $75,000 (indexed at $100,000 for 1995) in tried to get Congress to act on pension plification Act will provide relief to annual compensation from the employer, (3) simplification for the past 5 years. employers that are laboring under our received more than $50,000 (indexed at $66,000 Meanwhile, an alarming number of outmoded and inflexible regulations to for 1995) in annual compensation from the pension plans have been terminated. provide retirement plans for their em- employer and was a member of the top 20 Over the past 5 years, over 40,000 employees. This act will restore flexi- percent of employees by compensation, or (4) ployee defined benefit plans have been bility to our pension laws and thus en- was an officer of the employer who received terminated, affecting the retirement compensation greater than $45,000 (indexed courage employers, including small at $60,000 for 1995). If, for any year, no officer savings of more than 3 million Ameri- businesses, to offer and maintain re- has compensation in excess of $60,000, then cans. tirement plans that are vital to the re- the highest paid officer of the employer for Pension regulation has directly af- tirement security of our Nation’s work such year is treated as an HCE. fected the retirement security of mil- force. Under present law, all family members of lions of working Americans. The mi- The Pension Simplification Act con- (1) a 5-percent owner, or (2) a HCE in the gration of employers away from de- tains several provisions which will pro- group consisting of the 10 highest paid HCEs

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9528 CONGRESSIONAL RECORD — SENATE June 30, 1995 are treated as a single HCE and all the com- proportionately smaller effect on higher paid employee contributions (section 401(m)). pensation of the family members is treated employees. This special nondiscrimination test is simi- as compensation of the HCE. Under the proposal, pre-tax employee con- lar to the special nondiscrimination test in The bill provides that an employee is high- tributions described in sections 402(g), 125, or section 401(k). ly compensated with respect to a year if the 457 would be counted as compensation for An employer matching contribution means employee (1) was a 5-percent owner of the purposes of section 415. In previous Pension (1) any employer contribution made on be- employer at any time during the year or the Simplification bills this provision was lim- half of an employee on account of an em- preceding year, or (2) has compensation for ited to state and local governmental plans, ployee contribution made by such employee, the preceding year in excess of $80,000 (ad- however, the bill expands the provision to all and (2) any employer contribution made on justed for cost-of-living increases using a plans. behalf of an employee on account of an em- base period beginning October 1, 1995 (sec. Sec. 103. Modification of Additional ployee’s elective deferral. 415(d)), or (3) was the most highly com- Participation Requirements The bill adds alternative methods of satis- pensated officer of the employer for the pre- Under present law, a plan is not a qualified fying the special nondiscrimination require- ceding year. plan unless it benefits no fewer than the less- ments applicable to elective deferrals and The bill provides that the dollar limit ap- er of (1) 50 employees or (2) 40 percent of all employer matching contributions. Under plicable for any year is the amount in effect employees of an employer (sec. 401(a)(26)). these safe harbor rules, a cash or deferred ar- for the calendar year with respect to which This minimum participation rule cannot be rangement is treated as satisfying the ADP compensation is determined under the bill. satisfied by aggregating comparable plans, test if the plan of which the arrangement is For example, assume HCEs are being deter- but can be applied separately to different a part (or any other plan of the employer mined for the 1997 plan year in the case of a lines of business of the employer. A line of maintained with respect to the employees el- calendar year plan. Under the bill, 1996 com- business of the employer does not qualify as igible to participate in the cash or deferred pensation is used to make this determina- a separate line of business unless it has at arrangement) meets (1) one of two contribution, and the $80,000 figure for 1996, is the ap- least 50 employees. Also, certain employees tion requirements and (2) a notice require- plicable dollar limit for the 1997 plan year may be disregarded in applying the rules. ment. These safe harbors permit a plan to (rather than the $80,000 figure as adjusted for The bill provides that the minimum par- satisfy the special nondiscrimination tests 1997). ticipation rule applies only to defined ben- through plan design, rather than through the Under the bill, no employee would be treat- efit pension plans. In addition, the bill protesting of actual contributions. ed as highly compensated in a year unless he vides that a defined benefit plan does not A plan satisfies the contribution require- or she received compensation from the em- satisfy the rule unless it benefits no fewer ments under the safe harbor rule for quali- ployer during the preceding year in excess of than the lesser of (1) 50 employees or (2) the fied cash or deferred arrangements if the $80,000. This proposal would apply to officers greater of (a) 40 percent of all employees of plan either (1) satisfies a matching contribu- and to 5-percent owners. It targets small the employer or (b) 2 employees (or 1 em- tion requirement or (2) the employer makes businesses where pension coverage is very ployee if there is only 1 employee). The sepa- a contribution to the plan of at least 3 per- low. For detailed discussion, see Title III, rate line of business and excludable em- cent of an employee’s compensation on be- Targeted Access for Employees of Small Em- ployee rules apply as under present law. half of each nonhighly compensated employers, section 302, page 17. In the case of an employer with only 2 employee who is eligible to participate in the The bill repeals the family aggregation ployees, a plan satisfies the present-law min- arrangement without regard to whether the rules. imum participation rule if the plan covers 1 employee makes an elective contribution This provision is effective for years begin- employee. However, under the bill, a plan under the arrangement. Under both tests, ning after December 31, 1995, except that for satisfies the minimum participation rule contributions may also be made to highly purposes of determining whether an em- only if it covers both employees. compensated employees. ployee is an HCE in years beginning after The provision is effective for years begin- A plan satisfies the matching contribution December 31, 1995, the provision is effective ning after December 31, 1995. requirement if, under the arrangement: (1) for years beginning after December 31, 1994. Sec. 104. Nondiscrimination Rules for Qualified the employer makes a matching contribu- Thus, for example, in determining whether Cash or Deferred Arrangements tion on behalf of each nonhighly com- an employee is highly compensated for 1996 a. In general: The bill modifies the present- pensated employee that is not less than (a) with respect to calendar year plan, the deter- 100 percent of the employee’s elective con- mination is to be based on whether the em- law nondiscrimination test applicable to elective deferrals and employer matching tributions up to 3 percent of compensation ployee had compensation during 1995 in ex- and (b) 50 percent of the employee’s elective cess of $80,000 (not $66,000 which may have and after-tax employee contributions to provide that the maximum permitted ADP or contributions from 3 to 5 percent of com- been the applicable amount for the employee pensation; and (2) the level of match for in 1995 prior to this bill). ACP for HCEs for the year is determined by reference to the ADP or ACP for nonhighly highly compensated employees is not greater Sec. 102. Definition of compensation under compensated employees for the preceding, than the match rate for nonhighly com- Section 415 rather than the current year. In the case of pensated employees. Generally under present law, the section the first plan year of the plan, the ADP or Alternatively, if the matching contribu- 415 limits with respect to an individual are ACP of nonhighly compensated employees tion requirement is not satisfied at some based in part on the individual’s taxable for the previous year is deemed to be 3 per- level of employee compensation, the require- compensation. The general limit on a par- cent or, at the election of the employer, the ment is deemed to be satisfied if (1) the level ticipant’s annual additions under a defined actual ADP or ACP for such plan year. of employer matching contributions does not contribution plan is the lesser of $30,000 or b. Section 401(k) Safe Harbor: Under increase as employee elective contributions 25% of the participant’s taxable compensa- present law, the special nondiscrimination increase and (2) the aggregate amount of tion. test applicable to elective deferrals under matching contributions with respect to elec- For example, assume a plan participant qualified cash or deferred arrangements tive contributions up to that level of com- has a $20,000 salary. The 25% of compensation (401(k)s) is satisfied if the actual deferral pensation at least equals the amount of limit would generally permit the participant percentage (ADP) under a cash or deferral matching contributions required under the to have an annual addition of $5,000 (25% arrangement for eligible HCEs for a plan general safe harbor rule. $20,000). However, because pre-tax employee year is equal to or less than either (1) 125 Under the safe harbor, an employee’s contributions to a cafeteria plan would re- percent of the ADP of all non-highly com- rights to employer matching contributions duce the employee’s taxable compensation pensated employees eligible to defer under or nonelective contributions used to meet from $20,000, any such contributions would the arrangement, or (2) the lesser of 200 per- the contribution requirements are required also reduce the participant’s section 415 cent of the ADP of all eligible nonhighly to be 100 percent vested. limit. Moreover, contributions to a 401(k) compensated employees or such ADP plus 2 An arrangement does not satisfy the con- plan, and other types of pre-tax employee percentage points (section 401(k)). The ADP tribution requirements with respect to non- contributions, would further reduce the par- for a group of employees is the average of elective contributions unless the require- ticipant’s taxable compensation and section the ratios (calculated separately for each ments are met without regard to the per- 415 limit. employee in the group) of the contributions mitted disparity rules (sec. 401(1)), and non- The effect of pre-tax employee contribu- paid to the plan on behalf of the employee to elective contributions used to satisfy the tions makes it difficult to communicate in the employee’s compensation. contribution requirements are not taken advance the section 415 limit applicable to A cash or deferred arrangement that satis- into account for purposes of determining each employee; this issue also leads to nu- fies the special nondiscrimination test is whether a plan of the employer satisfies the merous inadvertent violations of section 415. deemed to satisfy the nondiscrimination re- permitted disparity rules. It is intended that Moreover, the reduction of the section 415 quirement applicable to qualified plans with the rule applies to matching contributions as limit caused by pre-tax employee contribu- respect to the amount of contribution or well. tions primarily affects nonhighly com- benefits (section 401(a)(4)). Employer matching and nonelective con- pensated employees; this is so in part be- In addition, under present law, a special tributions used to satisfy the contribution cause section 125 contributions generally do nondiscrimination test is applied to em- requirements of the safe harbor rules are not vary with compensation and thus have a ployer matching contributions and after-tax subject to the restrictions on withdrawals

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9529

that apply to an employee’s elective defer- Sec. 201. Repeal of 5-Year Income Averaging for distributions by age 701⁄2 without regard to rals under a qualified cash or deferred ar- Lump-Sum Distributions whether the participant is still employed by rangement (sec. 401(k)(2)(B)). The bill repeals the special 5-year forward the employer, and therefore, generally re- The notice requirement is satisfied if each averaging rule. The original intent of the in- places it with the rule in effect prior to the employee eligible to participate in the ar- come averaging rules for pension distribu- Tax Reform Act. Thus, under the bill, dis- rangement is given written notice within a tions was to prevent a bunching of taxable tributions are required to begin by April 1 of reasonable period before any year of the em- income because a taxpayer received all of the calendar year following the later of (1) ployee’s rights and obligations under the ar- the benefits in a qualified plan in a single the calendar year in which the employee at- rangement. This notice must be sufficiently taxable year. Liberalization of the rollover tains age 701⁄2, or (2) the calendar year in accurate and comprehensive to apprise the rules enacted in 1992, as originally part of which the employee retires. In the case of a employee of his or her rights and obligations this bill, increases the flexibility of tax- 5-percent owner of the employer, distribu- and must be written in a manner calculated payers in determining the time of the in- tions are required to begin no later than to be understood by the average employee el- come inclusion of pension distributions, and April 1 of the calendar year following the igible to participate. eliminates the need for special rules to pre- year in which the 5-percent owner attains c. Alternative method of satisfying special vent bunching of income. age 701⁄2. Distributions from an IRA are re- nondiscrimination test for matching con- The bill preserves the transition rules for quired to begin no later than April 1 of the tributions: The bill provides a safe harbor 10 year averaging adopted in the Tax Reform calendar year following the year in which method of satisfying the special non- Act; in addition, the repeal of 5-year aver- the IRA owner attains age 701⁄2. discrimination test applicable to employer aging is not applicable to individuals eligible In addition, in the case of an employee matching contributions. Under this safe har- for those transition rules. The bill also re- (other than a 5-percent owner) who retires in 1 bor, a plan is treated as meeting the special tains the present-law treatment of net unre- a calendar year after attaining age 70 ⁄2, the nondiscrimination test with respect to alized appreciation on employer securities bill requires the employee’s accrued benefit matching contributions if (1) the plan meets and generally retains the definition of lump- to be actuarially increased to take into ac- 1 the contribution and notice requirements ap- sum distribution solely for such purpose. count the period after age 70 ⁄2 in which the plicable under the safe harbor method of sat- The provisions are effective with respect to employee was not receiving benefits under isfying the special nondiscrimination re- distributions after December 31, 1995. the plan. Thus, under the bill, the employ- quirement for qualified cash or deferred ar- ee’s accrued benefit is required to reflect the Sec. 202. Simplified Method for Taxing Annuity rangements, and (2) the plan satisfies a spe- value of benefits that the employee would Distribution Under Certain Employer Plans cial limitation on matching contributions. have received if the employee had retired at After-tax employee contributions continue Under the bill, the portion of an annuity age 701⁄2 and began receiving benefits at that to be tested separately under the present distribution from a qualified retirement time. ACP test, taking into account both employee plan, qualified annuity, or tax-sheltered an- The actuarial adjustment rules does not contributions and employer matches in cal- nuity that represents nontaxable return of apply, under the bill, in the case of a govern- culating contribution percentages. basis generally is determined under a meth- mental plan or church plan. The limitation on matching contributions od similar to the present-law simplified al- This provision applies to years beginning is satisfied if (1) matching contributions on ternative method provided by the IRS. Under after December 31, 1995. behalf of any employee may not be made the simplified method provided in the bill, TITLE III.—TARGETED ACCESS FOR EMPLOYEES with respect to employee contributions or the portion of each annuity payment that OF SMALL EMPLOYERS. elective deferrals in excess of 6 percent of represents nontaxable return of basis gen- Sec. 301. Tax Credit for the Cost of Establishing compensation and (2) the level of an employ- erally is equal to the employee’s total in- a Plan for Small Employers er’s matching contribution does not increase vestment in the contract as of the annuity Retirement plan coverage among employ- as an employee’s contributions or elective starting date, divided by the number of an- ees of small employers is dismally low. The deferrals increase. ticipated payments determined by reference cost of establishing a retirement plan is, in to the age of the participant listed in the TITLE II.—SIMPLIFIED DISTRIBUTION RULES a significant way, disproportionately high table set forth in the bill. The number of an- for small employers. Many costs of plan es- Under present law, distributions from tax- ticipated payments listed in the table is favored retirement arrangements are gen- tablishment—plan design, plan drafting, ap- based on the employee’s age on the annuity plication for IRS approval—are relatively erally includable in gross income when re- starting date. If the number of payments is ceived, however special rules apply in cer- fixed. Accordingly, the per-employee costs fixed under the terms of the annuity, that can be much higher for a small employer tain circumstances. number is to be used instead of the number For example, certain distributions from than for a large employer. of anticipated payments listed in the table. Under the proposal, employers with 50 or tax-favored retirement arrangements attrib- The simplified method does not apply if utable to contributions prior to January 1, fewer employees, that have not maintained a the primary annuitant has attained age 75 on qualified retirement plan at any time during 174, could qualify for treatment as long-term the annuity starting date unless there are capital gains. the immediately preceding two years, would fewer than 5 years of guaranteed payments be eligible for an income tax credit (up to a Under present law, a taxpayer may elect to under the annuity. If in connection with have 5-year forward averaging apply to a maximum of $1,000) equal to the cost of es- commencement of annuity payments, the re- tablishing a qualified retirement plan. lump-sum distribution from a qualified plan. cipient receives a lump-sum payment that is Sec. 302. Elimination of the One-High-Paid- Such an election may be made with respect not part of the annuity stream, such pay- Officer Rule to a distribution received on or after the em- ment is taxable under the rules relating to 1 ployee attains age 59 ⁄2 and only one election annuities (section 72) as if received before Under present law, the term highly com- may be made with respect to an employee. the annuity starting data, and the invest- pensated employee includes the employer’s Prior to the Tax Reform Act of 1986, 10- ment in the contract used to calculate the highest paid officer even if no employee in year forward averaging was available with simplified exclusion ratio for the annuity the plan receives over $45,000 (indexed to respect to lump-sum distributions. The Tax payments is reduced accordingly. $60,000 in 1995). Reform Act replaced 10-year averaging with As under present law, in no event will the The application of the highest paid officer 5-year averaging and phased out capital total amount excluded from income as non- rule is unfair for small employers with low- gains treatment. The Tax Reform Act pro- taxable return of basis be greater than the wage workforces. For example, the highest vided transition rules which generally pre- recipient’s total investment in the contract. paid officer of a small employer may earn served prior-law treatment in the case of cer- less than $66,000, yet that employee is highly tain distributions with respect to individuals Sec. 203. Required Distributions compensated under this rule. If the same in- who attained age 50 before January 1, 1986. Under present law, distributions under all dividual less than $66,000 working for a large Under present law, a taxpayer is not re- qualified plans, IRAs, tax-sheltered custodial employer with numerous highly paid em- quired to include in gross income amounts accounts and annuities, and eligible deferred ployees, that individual would not be defined received in the form of a lump-sum distribu- compensation plans of State and local gov- as highly compensated. tion to the extent that the amounts are at- ernments are required to begin no later than Because the individual described above is tributable to net unrealized appreciation in April 1 of the calendar year following the considered highly compensated, the non- employer securities. Such unrealized appre- calendar year in which the participant or discrimination rules can severely limit his ciation is includable in income when the se- owner attains age 701⁄2, without regard to the or her benefits (such as 401(k) contributions). curities are sold. actual date of separation from service. In the In fact, due to the way the nondiscrimina- The bill eliminates 5-year averaging for case of church plans and governmental plans, tion rules work, these limitations are actu- lump sum distributions from qualified plans, distributions are required to begin no later ally more restrictive for the $30,000-a-year repeals the $5000 employer-provided death than the later of the April 1 date described HCE of a small employer than they are for benefit exclusion, and simplifies the basis re- above or April 1 of the calendar year fol- the $150,000-a-year executive of a large em- covery rules applicable to distributions from lowing the calendar year in which the partic- ployer. These limitations can, in turn, result qualified plans. In addition, the bill modifies ipant retires. in the small employer deciding not to estab- the rule that generally requires all partici- The bill repeals the rule that requires all lish a plan or deciding to terminate an exist- pants to commence distributions by age 701⁄2. participants in qualified plans to commence ing plan.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9530 CONGRESSIONAL RECORD — SENATE June 30, 1995 Under the bill, no employee would be treat- tributions. Generally, if such a plan is top- The provision is effective for years begin- ed as highly compensated in a year unless he heavy, all non-key employees must receive ning after December 31, 1995. or she received compensation from the em- nonelective contributions equal to at least Sec. 402. Duties of Sponsors of Certain ployer during the preceding year in excess of 3% of compensation, even though the plan Prototype Plans $80,000. This proposal would apply not only does not otherwise provide for nonelective The IRS master and prototype program is to officers but also to 5-percent owners. contributions. an administrative program under which This proposal would, however, be subject The top-heavy plan rules were intended to trade and professional associations, banks, to two conditions. First, the proposal would address situations where an excessive per- insurance companies, brokerage houses, and not apply to any plan maintained by the em- centage of a plan’s retirement benefits is at- other financial institutions can obtain IRS ployer unless the plan makes all contribu- tributable to the highly paid executives and approval of model retirement plan language tions, benefits, and other plan features avail- owners of the business. However, the rules and then make these preapproved plans able on a nondiscriminatory basis. For this actually apply more broadly and are applica- available for adoption by the customers, in- purpose, 5-percent owners would be treated ble to small businesses where none of the vestors, or association members. as highly compensated; if there are no 5-per- owners and officers of the business is highly Master and prototype plans reduce the cent owners, the highest paid officer for the paid. In these cases, the top-heavy plan rules costs and burdens of administering plans, es- preceding year would be an HCE. place a burden on middle-income individuals pecially for small to medium sized employ- The purpose of the conditions set forth solely because they are owners or officers of ers, and improve IRS administration of plan above is to prevent abuse. The conditions a small business. rules. would, for example, prevent an employer Under the bill, if no employee makes over Today, a majority of employer-provided from establishing a plan solely (or primarily) $80,000 (as provided in the bill’s new defini- qualified plans are approved master and pro- for the owner. tion of ‘‘highly compensated employee’’) in totype plans. Further expansion of the pro- The second condition is that this proposal the preceding year, the top-heavy plan re- gram is desirable, but statutory authority would not apply to the extent provided in quirements do not apply for that year. should be given to the IRS to define the du- regulations. The purpose of this second con- Sec. 305. Tax Exempt Organizations Eligible ties of master and prototype sponsors before dition is to prevent business owners from Under Section 401(k) the program becomes more widely utilized. avoiding HCE status by treating an amount Under present law, tax-exempt organiza- The bill authorizes the IRS to define the as compensation that is less than reasonable tions are generally prohibited from estab- duties of organizations that sponsor master compensation. lishing qualified cash or deferred arrange- and prototype, regional prototype, and other This provision is effective for years begin- ments (401(k)s). Because of this limitation, preapproved plans, including mass submit- ning after December 31, 1995, except that for many such employers are precluded from ters. The provision’s purpose is to protect purposes of determining whether an em- maintaining broad-based, funded, elective employers against the loss of qualification ployee is an HCE in years beginning after deferral arrangements for their employees. merely because they are unaware of the need December 31, 1995, the provision is effective The bill allows tax-exempt organizations to arrange for certain administrative serv- for years beginning after December 31, 1994. (other than 501(c)(3)s, State and Local gov- ices, or the unavailability of professional as- Thus, for example, in determining whether ernments, and their agencies and instrumen- sistance from parties familiar with the spon- an employee is highly compensated for 1996 talities who have available salary deferral sor’s plan. The bill should not be construed with respect to a calendar year plan, the de- arrangements) to maintain 401(k)s. as creating fiduciary relationships or respon- termination is to be based on whether the The provision applies to years beginning sibilities under Title I of ERISA that would employee had compensation during 1995 in after December 31, 1995. not exist in the absence of the provision. excess of $80,000 (not $66,000 which may have Sec. 306. Regulatory Treatment of Small TITLE V.—MISCELLANEOUS PROVISIONS been the applicable amount for the employee Employers Sec. 501. Treatment of Leased Employees in 1995 prior to this bill). Unlike large employers, small employers Under present law, an individual per- Sec. 303. Salary Reduction Simplified Employee often do not have the resources to monitor forming services is treated as a leased em- Pensions and affect the development of regulations re- ployee of a service recipient for certain em- Under present law, a simplified employee lating to qualified retirement plans. Accord- ployee benefit purposes if (1) the individual pension (SEP) is an individual retirement ingly, such regulations often do not take is not a common law employee of the service plan established with respect to an employee into account the unique circumstances of recipient, (2) the services are provided pursu- that meets certain requirements. Employers small employers. ant to an agreement between the recipient with 25 or fewer employees may provide that Under the bill, no IRS regulation relating and any other person, (3) the individual per- contributions to a SEP maybe made on a sal- to a qualified retirement plan could become forms services for the recipient on a substan- ary reduction basis. effective unless the regulation includes a tially full-time basis for a period of at least The bill conforms the eligibility require- section addressing the special needs of small one year, and (4) the services are of a type ments for SEP participation to the rules ap- employers. historically performed in the business field plicable to pension plans generally by pro- The provision is effective for regulations of the recipient by employees. viding that contributions to a SEP must be issued after date of enactment. The bill replaces the historically per- made with respect to each employee who has TITLE V.—PAPERWORK REDUCTION. formed test with a control test. Thus, under at least one year of service with the em- Sec. 401. Repeal Section 415(e) the bill, an individual is a leased employee of a service recipient only if the services are ployer. Section 415(e) applies an overall limit on The bill adds alternative methods of satis- performed by the individual under the con- benefits and contributions with respect to an fying the special nondiscrimination require- trol of the recipient. individual who participates in both a defined ments for SEPs applicable to elective defer- The provision is effective for taxable years contribution plan and a defined benefit plan rals and employer matching contributions. beginning after December 31, 1995. maintained by the same employer. These These are the same alternative methods or Sec. 501. Plans Covering Self-Employed rules are extremely complicated. They are ‘‘safe harbors’’ discussed in Title I.-section Individuals also very burdensome to administer because 104 above, relating to 401(k) plans. they require maintaining compensation and Prior to the Tax Equity and Fiscal Respon- Further, the bill modifies the rules relat- contribution records for all employees for all sibility Act of 1982 (TEFRA) different rules ing to salary reducion SEPs by providing years of service. applied to retirement plans maintained by that such SEPs may be established by em- The section 415(e) limit is not the only incorporated employers and unincorporated ployers with 100 or fewer employees. limit in the Code that safeguards against an employers (such as partnerships and sole The bill also repeals the requirement that individual accruing excessive retirement proprietors). In general, plans maintained by at least half of eligible employees actually benefits on a tax-favored basis. For example, unincorporated employers were subject to participate in a salary reduction SEP. section 401(a)(17) provides for limitations on special rules in addition to the other quali- The provision applies to years beginning compensation that can be taken into ac- fication requirements of the Code. TEFRA after December 31, 1995. count for benefits and contributions to quali- eliminated most, but not all, of this dis- Sec. 304. Exemption From Top Heavy Plan fied plans; section 401 provides extensive parity. Requirements nondiscrimination rules; and section 415 pro- Under present law, certain special aggrega- In general, under present law, a top-heavy vides limits on contributions paid to and tion rules apply to plans maintained by plan is required to satisfy special require- benefits paid from qualified plans. Taken in owner-employers that do not apply to other ments regarding vesting, minimum benefits combination, these provisions sufficiently qualified plans (sec. 401(d) (1) and (2)). The or contributions, and section 415. The re- constrain excessive tax-favored benefits ac- bill eliminates these special rules. quirements regarding minimum benefits or cruing to highly compensated employees. In The provision applies to years beginning contributions are particularly burdensome. addition, a 15% ‘‘excess distribution’’ pen- after December 31, 1995. For example, a small employer may main- alty achieves many of the same goals as Sec- Sec. 503. Elimination of Special Vesting Rule for tain a plan that permits employees to make tion 415(e). Multiemployer Plans section 401(k) contributions and that pro- Because Section 415(e) is both cumbersome Under present law, except in the case of vides matching contributions on behalf of and duplicative, the bill repeals this provi- multiemployer plans, a plan is not a quali- employees who make the section 401(k) con- sion. fied plan unless a participant’s employer-

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9531 provided benefit vests at least as rapidly as liability (the ‘‘alternative full funding limi- tained by State and local governments due under 1 of 2 alternative minimum vesting tation’’). The Secretary is required to adjust to the special nature of the involvement and schedules. A plan satisfies the first schedule the 150-percent full funding limitation (in operation of such governments. if a participant acquires a nonforfeitable the manner specified under the bill) for em- The bill addresses these problems by pro- right to 100 percent of the participant’s ac- ployers that do not use the alternative full viding that (1) section 457 does not apply to crued benefit derived from employer con- funding limit to ensure that the election by excess benefit plans maintained by a State tributions upon the participant’s completion employers to disregard the 150-percent limit or local government, (2) the compensation of 5 years of service. does not result in a substantial reduction in limitation on benefits under a defined ben- A plan satisfies the second schedule if a Federal revenues for any fiscal year. efit pension plan does not apply to plans participant has a nonforfeitable right to at Under the bill, employers electing to apply maintained by a State or local government, least 20 percent of the participant’s accrued the alternative limitation generally must and (3) the defined benefit pension plan lim- benefit derived from employer contributions notify the Secretary by January 1 of the cal- its do not apply to certain disability and sur- after 3 years of service, 40 percent at the end endar year preceding the calendar year in vivor benefits provided under such plans. Ex- of 4 years of service, 60 percent at the end of which the election period begins. The provi- cess plans maintained by a State or local 5 years of service, 80 percent a the end of 6 sion is effective on January 1, 1997. government are subject to the same tax rules years of service, and 100 percent at the end of Sec. 506. Affiliation Requirements for Employers applicable to such plans maintained by pri- 7 years of service. Jointly Maintaining a VEBA vate employers. In the case of a multiemployer plan, a par- Treasury regulations require that employ- Under present law, benefits under a defined ticipant’s accrued benefit derived from em- ees eligible to participate in a voluntary em- benefit plan generally may not exceed 100 ployer contributions is required to be 100 ployees’ beneficiary association (‘‘VEBA’’) percent of the participant’s average com- percent vested no later than upon the par- share an employment-related common bond. pensation. However, because of the unique ticipant’s completion of 10 years of service. Under the regulations, employees employed characteristics of State and local govern- This special rule applies only to employees by a ‘‘common employer (or affiliated em- ment employee plans, many long-tenured covered by the plan pursuant to a collective ployers)’’ are considered to have such a bond. and relatively low-paid employees may be el- bargaining agreement. Under the bill, employers are considered igible to receive benefits in excess of their The bill conforms the vesting rules for affiliated for purposes of the VEBA rules if average compensation as a result of cost-of- multiemployer plans to the rules applicable (1) such employers are in the same line of living increases. The bill provides that the to other qualified plans. business, (2) the employers act jointly to per- 100 percent of compensation limitation does The provision is effective for plan years be- form tasks that are integral to the activities not apply to plans maintained by State and ginning on or after the earlier of (1) the later of each of the employers, and (3) such joint local governments. of January 1, 1996, or the date on which the activities are sufficiently extensive that the The provision is effective for taxable years last of the collective bargaining agreements maintenance of a common VEBA is not a beginning on or after the date of enactment. pursuant to which the plan is maintained major part of such joint activities. Governmental plans are treated as if in com- terminates, or (2) January 1, 1998, with re- Under the bill, employers are considered pliance with the requirements of section 415 spect to participants with an hour of service affiliated, for example, in the following cir- for years beginning on or before the date of after the effective date. cumstances: the employers participating in enactment. the VEBA are in the same line of business Sec. 504. Full Funding Limitation of Multi- Sec. 508. Treatment of Deferred Compensation and belong to an association that provides to Employer Plans Plans of State and Local Governments and its members a significant amount of each of Under present law, a deduction is allowed Tax-Exempt Organizations the following services: (1) research and devel- (within limits) for employer contributions to opment relating to the members’ primary Under a section 457 plan, an employee who a qualified pension plan. No deduction is al- activity; (2) education and training of mem- elects to defer the receipt of current com- lowed for contributions in excess of the full bers’ employees; and (3) public relations. In pensation will be taxed on the amounts de- funding limit. The full funding limit is the addition, the employers are sufficiently ferred when such amounts are paid or made excess, if any, of (1) the lesser of (a) the ac- similar (e.g., subject to similar regulatory available. The maximum annual deferral crued liability under the plan (including nor- requirements) that the association’s services under such a plan is the lesser of (1) $7500 or mal cost) or (b) 150 percent of a plan’s cur- 1 provide material assistance to all of the em- (2) 33 ⁄2 percent of compensation (net of the rent liability, over (2) the lesser of (a) the ployers. The employers also demonstrate the deferral). fair market value of the plan’s assets or (b) importance of their joint activities by hav- In general, amounts deferred under a sec- the actuarial value of the plan’s assets. ing meetings at least annually attended by tion 457 plan may not be made available to Plans subject to the minimum funding substantially all of the employers. Finally, an employee before the earlier of (1) the cal- rules are required to make an actuarial valu- the employers maintain a common retire- endar year in which the participant attains ation of the plan not less frequently than an- 1 ment plan. age 70 ⁄2, (2) when the participant is sepa- nually. On the other hand, it is not intended that rated from service with the employer, or (3) The bill provides that the 150 percent of the mere existence of a trade association is when the participant is faced with an unfore- current liability limitation does not apply to a sufficient basis for the member-employees seeable emergency. Amounts that are made multi-employer plans. Consistent with this to be considered affiliated, even if they are available to an employee upon separation change, the bill also repeals the present law in the same line of business. It is also not from service are includable in gross income annual valuation requirement for multi-em- sufficient if the trade association publishes a in the taxable year in which they are made ployer plans and applies the prior law re- newsletter and provides significant public re- available. quirement that valuations be performed at lations services, but only provides nominal Under present law, benefits under a section least every 3 years. amounts, if any, of other services integral to 457 plan are not treated as made available if The provision applies to years beginning the employers’ primary activity. the participant may elect to receive a lump after December 31, 1995. A group of employers are also not consid- sum payable after separation from service Sec. 505. Alternative full-funding limitation ered affiliated under the bill by virtue of the and within 60 days of the election. This ex- The Secretary may, under regulations, ad- membership of their employees in a profes- ception to the general rules is available only just the 150-percent figure contained in the sional association. if the total amount payable to the partici- full funding limitation to take into account This bill is intended as a clarification of pant under the plan does not exceed $3500 and the average age (and length of service, if ap- present law, but is not intended to create no additional amounts may be deferred propriate) of the participants in the plan any inference as to whether any part of the under the plan with respect to the partici- (weighed by the value of their benefits under Treasury regulations affecting VEBAs, other pant. the plan). In addition, the Secretary is au- than the affiliated employer rule, is or is not The bill makes three changes. First, the thorized to prescribe regulations that apply, present law. bill permits in-service distributions of ac- in lieu of the 150 percent of current liability Sec. 507. Treatment of Certain Governmental counts that do not exceed $3500 if no amount limitation, a different full funding limita- Plans under Section 415 has been deferred under the plan with re- tion based on factors other than current li- Under present law, the limitations on ben- spect to the account for 2 years and there ability. The Secretary may exercise this au- efits and contributions (section 415) gen- has been no prior distribution under this thority only in a manner so that in the ag- erally apply to plans maintained by State cash-out rule. gregate, the effect on Federal budge receipts and local governments. Second, the bill increases the number of is substantially identical to the effect of the Under present law, unfunded deferred com- elections that can be made with respect to 150-percent full funding limitation. pensation plans maintained by State and the time distributions must begin under the The bill provides that an employer may local government employers are subject to plan. The bill provides that the amount pay- elect to disregard the 150-percent limitation certain limitations (sec. 457). For example, able to a participant under a 457 plan is not if each plan in the employer’s control group such plans generally may not permit de- to be treated as made available merely be- is not top-heavy and the average accrued li- ferred compensation in excess of $7,500 in a cause the participant may elect to defer ability of active participants under the plan single year. commencement of distributions under the for the immediately preceding 5 plan years is The limitations on contributions and bene- plan if (1) the election is made after amounts at least 80-percent of the plan’s total accrued fits present special problems for plans main- may be distributed under the plan but before

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9532 CONGRESSIONAL RECORD — SENATE June 30, 1995 the actual commencement of benefits, and Secondly, many rural electric cooperatives be taxed on the present value of the full (2) the participant makes only 1 such addi- participate in a multiple employer money $50,000 in the year of retirement notwith- tional election. This additional election is purchase pension plan that contains a sec- standing the fact that he only received a permitted without the need for financial tion 401(k) arrangement. This multiple em- payment of $10,000. hardship, and the election can only be to a ployer plan must fit within the definition of Under the bill, ‘‘eligible faculty voluntary date that is after the date originally selected a rural cooperative plan in order for the sec- retirement incentive plans’’ are not subject by the participant. tion 401(k) arrangement to be qualified. An to the taxation provisions of section 457(f). Finally, the bill provides for indexing of issue therefore arises due to the fact that the Payments under such plans will be taxed the dollar limit on deferrals. definition of a ‘‘rural cooperative’’ does not when they are made available to partici- The provisions are effective for taxable include taxable cooperatives. Although the pants, rather than when a risk of forfeiture years beginning after the date of enactment. vast majority of rural electric cooperatives lapses. An ‘‘eligible faculty voluntary retire- Sec. 509. Contributions on Behalf of Disabled are tax-exempt, some within these multiple ment incentive plan’’ means a plan estab- Employees employer plans are taxable. It is unclear lished for employees serving under contracts Under present law, special limitations on whether this would cause the section 401(k) of unlimited tenure at an institution of high- contributions to a defined contribution plan arrangement in the multiple employer plan er learning. Total benefits under the con- apply in the case of certain disabled partici- to fail to be qualified with respect to the par- tract cannot exceed two times annual com- pants. In particular, the compensation of a ticipating taxable cooperatives. pensation, and all payments must be com- disabled participant in a defined contribu- The bill clarifies both of these potential pleted over a five-year period. tion plan is treated, for purposes on the limi- problems by providing that the definition of The provision is effective for years begin- tations or contributions and benefits, as the a ‘‘rural cooperative’’ would be modified to ning after December 31, 1995. compensation the participant received before include, in addition, any other organization Sec. 513. Uniform Retirement Age becoming disabled if (1) the participant is that is providing electric service. However, A qualified plan generally must provide permanently and totally disabled (within the this expansion of the definition would only that payment of benefits under the plan meaning of sec. 22(c)(3)), (2) the participant apply with respect to section 401(k) plans in must begin no later than 60 days after the is not a highly compensated employee, and which substantially all of the employers fit end of the plan year in which the participant (3) the employer elects to have this special within the present-law definition of a rural reaches age 65. Also, for purposes of the vest- rule apply. cooperative. This limitation prevents unin- ing and benefit accrual rules, normal retire- The bill makes requirements (2) and (3) intended expansion of the term ‘‘rural coopera- ment age generally can be no later than age applicable if the defined contribution plan tive plan.’’ 65. For purposes of applying the limits on provides for the continuation of contribu- In addition, under present law, unlike all contributions and benefits (section 415), so- tions on behalf of all participants who are other section 401(k) plans (other than certain cial security retirement age is generally permanently and totally disabled. pre-ERISA plans), rural cooperative plans used as retirement age. The social security It is not intended, however, that an em- are not permitted to make in-service dis- retirement age as used for such purposes is ployer be able to provide contributions on tributions for hardship or after age 59-1⁄2. presently age 65, but is scheduled to gradu- behalf of all disabled participants only dur- Under the proposal, rural cooperative plans ally increase. ing certain years so as to favor highly com- would be permitted to make such distribu- pensated participants over nonhighly com- The bill provides that for purposes of the tions after the date of enactment. general nondiscrimination rule, the social pensated participants. Accordingly, if an em- Sec. 511. Rules for Plans Covering Pilots ployer provides for contributions on behalf of security retirement age is a uniform retire- all disabled participants and subsequently Under present law, employees covered by a ment age and that subsidized early retire- amends its plan to delete such contributions, collective bargaining agreement are ex- ment benefits and joint and survivor annu- the plan shall cease to be qualified if the cluded from consideration in testing whether ities are not treated as not being available to timing of the amendment results in discrimi- a qualified retirement plan satisfies the min- employees on the same terms merely be- nation in favor of highly compensated par- imum coverage and non discrimination re- cause they are based on an employee’s social ticipants. quirements (section 410(b)(3)). Similarly, in security retirement age. The provision applies to years beginning the case of a plan established pursuant to a The provision is effective for years begin- after December 31, 1995. collective bargaining agreement between air- ning after December 31, 1995. Sec. 510. Technical Clarifications of Section line pilots and one or more employers, all Sec. 514. Reports of Pension and Annuity 401(k) for Rural Cooperative Plans employees not covered by the collective bar- Payments gaining agreement are disregarded for pur- Under present law, a qualified section The penalty reform provisions of the Omni- poses of testing whether the plan satisfies 401(k) arrangement must be a part of one of bus Budget Reconciliation Act of 1989 revised the minimum coverage and nondiscrimina- the following: a profit-sharing or stock the penalties imposed for failures to file cor- tion requirements (section 410(b)(3)(B)). This bonus plan, a pre-ERISA money purchase rect and timely information returns to IRS, provision applies only in the case of a plan plan, or a rural cooperative plan. and to provide statements to payees. This re- that provides contributions or benefits for A ‘‘rural cooperative plan’’ is defined gen- vised penalty structure applies to 18 dif- employees whose principal duties are cus- erally to mean a defined contribution pen- ferent types of reportable payments. Section tomarily performed abroad aircraft in flight. sion plan that is maintained by a rural coop- 6724(d)(1). Thus, a collectively bargained plan covering erative. with respect to rural electric co- However, this developed structure does not only airline pilots in tested separately from operatives, a rural cooperative is generally apply to reports of pension and annuity pay- employees who are not air pilots. defined to mean any organization that (1) is ments required under section 6047(d). It also The bill provides that, in the case of a plan tax-exempt or is a State or local govern- does not apply to certain reports required by established to provide contributions or bene- ment, and (2) ‘‘is engaged primarily in pro- sections 408(i) and 408(l) relating to IRAs and fits for air pilots employed by one or more viding electric service on a mutual or coop- SEPs. common carriers engaged in interstate or erative basis.’’ The bill provides that the definition of ‘‘in- foreign commerce on air pilots employed by Present law was clearly intended to permit formation return’’ under section 6724(d) in- carriers transporting mail for or under con- the rural electric cooperatives to continue to cludes reports of pension and annuity pay- tract with the United States Government, maintain their section 401(k) plan. However, ments required by section 6047(d), and any all employees who are not air pilots are ex- there are two technical issues that should be report required under subsection (i) or (l) of cluded from consideration in testing whether clarified in order to better achieve this ob- section 408. the plan satisfies the minimum coverage re- jective. Similarly, the definition of ‘‘payee state- First, in the vast majority of states, rural quirements (whether or not they are covered ment’’ under section 6724(d)(2) is amended to electric systems are organized as coopera- by a collective bargaining agreement). include reports of pension and annuity pay- tives. However, in some states, some utilities The provision is effective for years begin- ments required by section 6047(d) and any re- are organized as public power districts. Pub- ning after December 31, 1995. port required under subsection (i) or (1) of lic power districts are subdivisions of a state Sec. 512. Tenured Faculty section 408. The bill provides that section that provide electric service. Thus, they Present law section 457 governs and pro- 6652(e) is amended to delete reports of des- would clearly fall within the definition of a vides limits for nonqualified deferred com- ignated distributions from the scope of its rural cooperative but for the requirement pensation arrangements of a governmental $25 per day penalty. that a rural cooperative provide electric or tax-exempt employers. Under section Under present law, interest and dividend service ‘‘on a mutual or cooperative basis.’’ 457(f), an individual is taxed on the value of payments do not have to be reported if less This requirement is not further defined in the benefits under an ineligible arrangement than $10 is paid to a person in any year. Mis- the statute or regulations. Accordingly, when there is no risk of forfeiture of the ben- cellaneous income need not be reported un- some concern is warranted with respect to efit, rather than when any benefit is re- less it exceeds $600. However, the law cur- whether a public power district satisfies this ceived. Risk of forfeiture is generally tied to rently contains no dollar threshold for re- requirement since they are political subdivi- the performance of future services. For exports of ‘‘designated distributions’’—pri- sions of a state and do not have the member ample, if an employer adopted an early re- marily pension and annuity payments. The ownership traditionally required for mutual tirement incentive to pay a yearly supple- bill provides a $10 reporting threshold for or cooperative status. ment of $10,000 over 5 years, the retiree will designated distributions.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9533 Sec. 515. National Commission on Private ‘‘(10) One cadet from the Commonwealth of each vacancy that is available to the person Pension Plans the Northern Mariana Islands, nominated by under this subsection.’’. In 1974, Congress first recognized the im- the Resident Representative to the United (2) DOMICILE OF CADETS.—Subsection (f) of portance of the Federal Government taking States for the Commonwealth of the North- such section is amended to read as follows: ‘‘(f) Each candidate for admission nomi- an active role in creating a system where ern Mariana Islands. nated under clauses (3) through (10) of sub- American workers could earn private pen- Each person specified in clauses (3) through section (a) must be domiciled— sion benefits to supplement Social Security (10) who is entitled to nominate a candidate ‘‘(1) in the State, or in the congressional and ensuring that promised pension benefits for admission to the Academy may nominate district, from which the candidate is nomi- are paid. It did this by passing the Employ- a principal candidate and nine alternates for nated; or ment Retirement Income Security Act each vacancy that is available to the person ‘‘(2) in the District of Columbia, Puerto (ERISA). under this subsection.’’. Rico, American Samoa, Guam, the Virgin Is- Today, our private pension system works (2) DOMICILE OF CADETS.—Subsection (f) of lands, or the Commonwealth of the Northern by delivering trillions of dollars to retiring such section is amended to read as follows: Mariana Islands, if the candidate is nomi- American workers. However, since its enact- ‘‘(f) Each candidate for admission nominated from one of those places.’’. ment in 1974, ERISA has become more and nated under clauses (3) through (10) of sub- (3) CONFORMING AMENDMENTS.—(A) Sub- more complex, and the administrative costs section (a) must be domiciled— section (d) of such section is amended by of maintaining a pension plan has risen sub- ‘‘(1) in the State, or in the congressional striking out ‘‘(9)’’ and inserting in lieu there- stantially. district, from which the candidate is nomi- of ‘‘(10)’’. The bill will authorize the Commission (six nated; or (B) Section 9343 of such title is amended by members appointed by the President, six by ‘‘(2) in the District of Columbia, Puerto striking out ‘‘(8) of section 9342(a)’’ in the the Speaker of the House, and six by the Rico, American Samoa, Guam, the Virgin Is- second sentence and inserting in lieu thereof Senate Majority Leader) to review existing lands, or the Commonwealth of the Northern ‘‘(10) of section 9342(a)’’. Federal incentives and programs that en- Mariana Islands, if the candidate is nomi- (d) EFFECTIVE DATE.—The amendments courage and protect private retirement sav- nated from one of those places.’’. made by this section shall apply with respect ings and set forth recommendations where (3) CONFORMING AMENDMENTS.—(A) Sub- to the nomination of candidates for appoint- appropriate for increasing the level and secu- section (d) of such section is amended by ment to the United States Military Acad- rity of private retirement savings. striking out ‘‘(9)’’ and inserting in lieu there- emy, the United States Naval Academy, and Sec. 516. Date for Adoption of Plan Amendments of ‘‘(10)’’. the United States Air Force Academy for (B) Section 4343 of such title is amended by classes entering the academies after the date The bill provides that any plan amendment striking out ‘‘(8) of section 4342(a)’’ in the of the enactment of this Act.∑ required by the bill are not required to be second sentence and inserting in lieu thereof made before the first plan year beginning on ‘‘(10) of section 4342(a)’’. By Mr. D’AMATO: or after January 1, 1997, if the plan is oper- (b) UNITED STATES NAVAL ACADEMY.— S. 1009. A bill to prohibit the fraudu- ated in accordance with the applicable provi- (1) APPOINTMENT AUTHORITY.—Subsection lent production, sale, transportation, sion and the amendment is retroactive to the (a) of section 6954 of title 10, United States effective date of the applicable provision. In or possession of fictitious items pur- Code, is amended by striking out the sen- the case of state and local governmental porting to be valid financial instru- tence following the clauses of such sub- plans, plan requirements are required to be ments of the United States, foreign section and inserting in lieu thereof the fol- made on the first plan year beginning on or governments, States, political subdivi- lowing: after January 1, 1999. ‘‘(10) One from the Commonwealth of the sions, or private organizations, to in- Northern Mariana Islands, nominated by the crease the penalties for counterfeiting By Mr. INOUYE: Resident Representative to the United violations, and for other purposes; to S. 1008. A bill to amend title 10, States for the Commonwealth of the North- the Committee on Banking, Housing, United States Code, to provide for ap- ern Mariana Islands. and Urban Affairs. pointments to the military service Each person specified in clauses (3) through THE FINANCIAL INSTRUMENTS ANTI-FRAUD ACT academies by the Resident Representa- (10) who is entitled to nominate a candidate OF 1995 tive to the United States for the Com- for admission to the Academy may nominate ∑ Mr. D’AMATO. Mr. President, I am monwealth of the Northern Mariana Is- a principal candidate and nine alternates for today introducing the Financial In- lands; to the Committee on Armed each vacancy that is available to the person struments Anti-Fraud Act of 1995. Services. under this subsection.’’. This legislation combats the use of (2) DOMICILE OF MIDSHIPMEN.—Subsection TITLE 10 AMENDMENT LEGISLATION (b) of section 6958 of such title is amended to factitious financial instruments to de- ∑ Mr. INOUYE. Mr. President, today I read as follows: fraud individual investors, banks, pen- am introducing a bill to amend title 10, ‘‘(b) Each candidate for admission nomi- sion funds, and charities. These ficti- United States Code, to provide for ap- nated under clauses (3) through (10) of sec- tious instruments have been called pointments to the military service tion 6954(a) of this title must be domiciled— many names, including prime bank academies by the Resident Representa- ‘‘(1) in the State, or in the congressional notes, prime bank derivatives, prime tive for the Commonwealth of the district, from which the candidate is nomi- bank guarantees, Japanese yen bonds, nated; or Indonesian promissory notes, U.S. Northern Mariana Islands. I think it is ‘‘(2) in the District of Columbia, Puerto important that students from the Com- Rico, American Samoa, Guam, the Virgin Is- Treasury warrants, and U.S. dollar monwealth of the Northern Mariana Is- lands, or the Commonwealth of the Northern notes. Fictitious financial instruments lands have an opportunity to be Mariana Islands, if the candidate is nomi- have caused hundreds of millions of trained at our military academies and nated from one of those places.’’. dollars in losses. serve in our Armed Forces. This bill (3) CONFORMING AMENDMENT.—(A) Section Mr. President, these frauds have been would enable that to occur. I ask unan- 6954(d) of such title is amended by striking perpetrated by antigovernment groups imous consent that the text of the bill out ‘‘(9)’’ and inserting in lieu thereof ‘‘(10)’’. such as the Posse Comitatus and ‘‘We (B) Section 6956(b) of such title is amended the People,’’ which use fictitious finan- appear in the RECORD. by striking out ‘‘(8) of section 6954(a)’’ in the There being no objection, the bill was cial instruments to fund their violent second sentence and inserting in lieu thereof activities. In the wake of the terrible ordered to be printed in the RECORD, as ‘‘(10) of section 6954(a)’’. follows: (c) UNITED STATES AIR FORCE ACADEMY.— tragedy in Oklahoma City, I hope my S. 1008 (1) APPOINTMENT AUTHORITY.—Subsection colleagues will support legislation that (a) of section 9342 of title 10, United States will cut the purse strings of these orga- Be it enacted by the Senate and House of Rep- Code, is amended by striking out the sen- resentatives of the United States of America in nizations. tence following the clauses of such sub- Congress assembled, Because these fictitious instruments section and inserting in lieu thereof the fol- are not counterfeits of any existing ne- Section 1. Appointments to military service acad- lowing: emies by the resident representative to gotiable instrument, Federal prosecu- the United States for the common- ‘‘(10) One cadet from the Commonwealth of tors have determined that the manu- wealth of the northern mariana islands. the Northern Mariana Islands, nominated by facture, possession, or utterance of (a) UNITED STATES MILITARY ACADEMY.— the Resident Representative to the United States for the Commonwealth of the North- these instruments does not violate the (1) APPOINTMENT AUTHORITY.—Subsection counterfeit or bank fraud provisions (a) of section 4342 of title 10, United States ern Mariana Islands. Code, is amended by striking out the sen- Each person specified in clauses (3) through contained in chapters 25 and 65 of title tence following the clauses of such sub- (10) who is entitled to nominate a candidate 18 of the United States Code. The per- section and inserting in lieu thereof the fol- for admission to the Academy may nominate petrators of these frauds can be pros- lowing: a principal candidate and nine alternates for ecuted under existing Federal law only

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9534 CONGRESSIONAL RECORD — SENATE June 30, 1995 if they used the mails or wires, or vio- ka and for other purposes; to the Com- under the corrected PILT program. $2.5 lated the bank fraud statute. mittee on Labor and Human Resources. million a year will only begin to im- Mr. President, we have worked close- PILT LEGISLATION prove the living conditions in the vil- ly with the Treasury Department and ∑ Mr. STEVENS. Mr. President, Alaska lages—but it will help. And it is much- various U.S. Attorneys’ Offices to pre- shoulders more than its fair share of needed. pare the Financial Instruments Anti- the Federal lands. Federal lands are This bill will not increase the current Fraud Act of 1995. This bill makes it a costly to State and local governments, entitlement ceiling of PILT. It will violation of Federal law to possess, which cannot impose a property tax on only change the way the PILT fund is pass, utter, publish, or sell, with intent the Federal Government. Also, we are divided. It will provide a small addi- to defraud, any items purporting to be not able to develop the Federal lands tional share of the PILT fund distribu- negotiable instruments of the U.S. to produce jobs and strengthen our tion to those Alaskan communities Government, a foreign government, a economy. that are outside organized boroughs. State entity, or a private entity. It The Payments In Lieu of Taxes This legislation also will not reduce closes a loophole in Federal counter- [PILT] program provides Federal funds other States’ PILT funding by very feiting law. to local governments which have tax- much because PILT calculations in- Fictitious financial instruments are exempt Federal lands within their clude population statistics. Therefore, typically produced in very large de- boundaries. PILT funding is designed Alaska will never receive as much as nominations and purport to offer very to relieve the fiscal burden on local some of the Western States with high high rates of return. Promoters of governments which Federal lands im- populations and relatively high Fed- these schemes claim that they have expose by severely reducing the property eral acreage. clusive access to secret wholesale mar- tax base. Under the act directing PILT It is a matter of fairness—60 percent kets paying 25 percent or more to in- payments, the Secretary of the Interior of the Federal lands in Alaska are not vestors. The June 13, 1994, issue of makes annual payments to each unit of included under current PILT calcula- Business Week reported that innocent general local government within which tions. Alaska is the only State not investors, including the National Coun- Federal lands are located. fully compensated for all of its Federal cil of Churches and Salvation Army, Despite Alaska’s stature as the larg- lands. Even the territories and the Dis- lost hundreds of millions of dollars in a est State in the Union and despite the trict of Columbia are fully com- scam involving bogus guarantees millions of Federal acres in Alaska, pensated. issued by the Czech Republic’s Banka Alaska is currently only the 10th high- I would appreciate the support of the Bohemia. est PILT recipient. This is because the other Senators to see that Alaska fi- Mr. President, organized terrorist definition of ‘‘unit of general local gov- nally receives PILT funds for all of the and militia groups are distributing do- ernment’’ includes only organized bor- Federal lands in the State—not just 40 it-yourself kits that provide the mate- oughs and certain independent cities in percent of them.∑ rials and instructions for members of Alaska. Yet over 60 percent of Alaska such organizations to produce phony and 60 percent of the Federal lands are By Mr. CRAIG (for himself, Mr. money order and securities. These anti- located outside of any organized bor- HEFLIN, Mr. LUGAR, and Mr. social groups seek to undermine the ough. LEAHY): soundness of the U.S. financial system, I cannot over-emphasize this point. S. 1011. A bill to help reduce the cost and to raise funds to advance their vio- Only 40 percent of the Federal lands in of credit to farmers by providing relief lent, radical agenda. They claim, for Alaska are located in organized bor- from antiquated and unnecessary regu- example, that the IRS is a tool of Zion- oughs. Over half of the Federal lands in latory burdens for the Farm Credit ist international bankers and advocate Alaska, 60 percent, are not currently System, and for other purposes. violent confrontation with Federal law considered in determining PILT pay- THE FARM CREDIT SYSTEM REGULATORY RELIEF enforcement agents. ments to Alaska. Therefore, hundreds ACT Drug traffickers also rely on ficti- of poor rural Alaskan communities Mr. CRAIG. Mr. President, I am here tious financial investment instru- which are surrounded by Federal lands, today to introduce the Farm Credit ments. Some West African organized but which are outside of organized bor- System Regulatory Relief Act of 1995. I criminal syndicates, for instance, use oughs, receive no PILT payments. Most am pleased that my colleague, Senator these instruments to fund their thriv- of these villages lack adequate sewer HEFLIN along with the chairman and ing heroin trade. and water systems and do not have ranking member of the Agriculture In addition to combating the use of health facilities within 200 or 300 miles. Committee, Senators LUGAR and fictitious financial investment instru- Last year, I introduced a bill to in- LEAHY, join me as original cosponsors ments, this legislation correct a tech- clude Federal lands which are not with- of this important legislation. nical error that occurred when the in organized boroughs or independent The Farm Credit System Regulatory Congress enacted the Counterfeit De- cities. That legislation, which the Sen- Relief Act of 1995 will provide for the terrence Act of 1992. Congress intended ate passed, would have accomplished elimination, consistent with safety and this bill to increase penalties for coun- this by correcting an inequity in the soundness requirements, of all regula- terfeit violations. As a result of a present definition of ‘‘unit of general tions that are unnecessary, unduly bur- drafting error, however, the 1992 legis- local government’’ for the purpose of densome or costly, or not based on lation actually lowered criminal pen- determining PILT payments to include statute. alties for counterfeiting. unorganized boroughs. Today, I am in- The Farm Credit System supplies This bill imposes criminal penalties troducing a similar bill. about 25 percent of the credit provided for the production and sale of fictitious This bill will resolve a great injus- to American producers and more than instruments. These penalties are iden- tice. The villages in Alaska that are 80 percent of the credit provided to ag- tical to those imposed for counter- surrounded by tax-exempt Federal ricultural cooperatives. The cost of feiting. Criminals found guilty under lands should be compensated for loss of this credit is increased by unnecessary these sections will fact up to 25 years property tax revenues and for the in- regulations. The increasingly competi- in prison. ability to use the lands for any devel- tive global market combined with the Mr. President, I strongly urge pas- opment. The increase in Alaskan PILT decreasing role of the Federal Govern- sage of the Financial Instruments payments will directly benefit villages ment in agricultural support programs Anti-Fraud Act of 1995.∑ which are in desperate need of re- necessitates that farmers and ranchers sources to sustain basic necessities for have continued access to competitive By Mr. STEVENS (for himself their remote existence. sources of financial capital. and Mr. MURKOWSKI): Currently, the local governments in There are 8 Farm Credit System S. 1010. A bill to amend the ‘‘unit of Alaska receive about $4.5 million a banks and approximately 230 locally general local government’’ definition year from PILT. Under this legislation, owned farm credit associations located for Federal payments in lieu of taxes to the funds the State and villages receive across all 50 of the United States. If the include unorganized boroughs in Alas- would increase by about $2.5 million Farm Credit System is to remain the

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9535 viable financial partner for American amount in the Farm Credit Insurance Fund sociation that does not meet FCA’s min- agriculture that it is, then the time is (The Fund) equals the secure base amount. imum capital levels. Finally, the section now to make these significant revi- The secure base amount is defined as an grants FCSIC similar authority to that of sions. Mr. President, I would also em- amount equal to 2 percent of the insured li- the FDIC to prohibit any golden parachute abilities of the Farm Credit System, or such payment of indemnification payment by a phasize for the record that this piece of other amount determined by FCSIC to be ac- System institution that is in a troubled con- legislation is simply and solely regu- tuarially sound. Once the secure base is dition. latory relief, it does not provide the reached (expected in early 1997), premiums Section 11: Formation of Administrative Farm Credit System with any addi- can be suspended. However, FSCIC does not Service Entities: This section would allow tional or expanded lending authorities. have the authority to address the excess in- Farm Credit System associations to estab- The changes, as I have outlined in terest earnings that will continue to build lish administrative service entities. These the attached section-by-section sum- above the secure base amount. entities would not be permitted to perform This section would allow the eventual re- activities or carry out functions not cur- mary, are an important step toward en- bate of this excess interest to those institu- rently authorized by statute. Under current suring that our American farmers will tions that have paid insurance premiums law, Farm Credit System banks can form be able to obtain competitive loan based on a three-year running average of such entities under Section 4.25 of the Farm rates and better service from the Farm their accruing loan volume. This section Credit Act. This section would extend that Credit System. would also authorize, but not require, FCSIC authority to FCS associations, although an Mr. President, I ask unanimous con- to reduce insurance premiums as the Insur- entity organized under this section would sent that the section-by-section anal- ance Fund approaches the 2 percent secure have no authority either to extend credit or base amount. provide insurance services to Farm Credit ysis of this bill along with a letter Section 6: Powers with Respect to Trou- from the Farm Credit Administration System borrowers, nor would it have any bled Insured System Banks: This section greater authority with respect to functions be printed in the RECORD. would require FCSIC to implement the least and services than the organizing assocaiton There being no objection, the mate- costly of all alternatives available to it, in- or associations possess under the Farm Cred- rial was ordered to be printed in the cluding an assisted merger, as it considers it Act. RECORD, as follows: options for providing assistance to a trou- Section 12: Requirements for Loans Sold bled System institution. It would also make THE FARM CREDIT SYSTEM REGULATORY RE- into the Secondary Market: This section clear that the directorship and management LIEF ACT OF 1995—SECTION-BY-SECTION would make inapplicable the borrower rights of an assisted institution serves at the dis- ANALYSIS requirements of current law, and allow Sys- cretion of and is subject to the approval of tem banks and associations to change their Section 1: Short title; table of contents: FCSIC. Current law permits FCSIC to pro- bylaws to make inapplicable the borrower The short title is the ‘‘Farm Credit System vide ‘‘open-bank’’ assistance to a troubled stock requirements of current law, for any Regulatory Relief Act of 1995.’’ System institution if such assistance is loan specifically originated for sale into the Section 2: References to the Farm Credit merely less costly than liquidation, and also secondary market. Under current law, Farm Act of 1971: As used in this bill, all ref- permits FCSIC to ignore this least-cost re- Credit borrowers are required to buy and erences, unless otherwise noted, are ref- striction altogether in certain limited cir- maintain stock or participation certificates erences to the ‘‘Farm Credit Act of 1971.’’ cumstances. Current law also permits FCSIC in the System institution which originated Section 3: Regulatory Review: This section to provide financial support to a troubled in- their loan, even when the loan was origi- describes the findings of Congress regarding stitution without any requirement that the nated with the express intent of selling it recent efforts by the Farm Credit Adminis- operations or management of that institu- into the secondary market. tration (FCA) to reduce regulatory burden tion be materially changed. Failure to In addition, System loans to farmers are on Farm Credit System institutions. This amend current authorities could lead to covered by the borrower rights provisions of section also directs FCA to continue its ef- open-ended cost to the Farm Credit Insur- the Agricultural Credit Act of 1987. This sec- forts to eliminate, consistent with safety ance fund, and potentially result in addition would allow System institutions to and soundness, all regulations that are un- tional costs to other, healthy FCS institu- waive these requirements for loans that are necessary, unduly burdensome or costly, or tions. originated for sale into the secondary mar- not based on statute. Section 7: Farm Credit System Insurance ket. If loans designated for sale into the sec- Section 4: Examination of Farm Credit Corporation Board of Directors: This section ondary market are not sold within one year, System Institutions: Under current law, the would retain the current structure of the the relevant borrower stock and borrower Farm Credit Administration has the author- FCSIC Board by removing provisions of cur- rights requirements would again apply. ity to examine System direct lender institu- rent law requiring a new FCSIC Board struc- The borrower stock provisions of this sections whenever and as often as the agency ture. Currently, the FCSIC board is com- tion would apply whether or not the bank or chooses, but not less than once every year. prised of the three board members of the association retains a subordinated participa- This section would grant the FCA flexibility Farm Credit Administration. The Chairman tion interest in a loan or pool of loans or to extend the length of time between manda- of FCSIC is elected by the board and must be contributes to a cash reserve pursuant to tory examinations to 18 months. This section someone other than the FCA chairman. Ef- title VIII of the Farm Credit Act. would not apply to Federal Land Bank Asso- fective January 1, 1996, current law requires Section 13: Removal of Antiquated and Un- ciations, which under current law are only the establishment of a new, full-time presi- necessary Paperwork Requirements: mandated for examination every three years. dentially-appointed, three-person board com- Compensation of Association Personnel: Nothing in this section would affect FCA’s pletely separate and independent from the This section would remove the requirement ability to examine any System institution at FCA board. This section would remove the in current law that Farm Credit System any time the regulator deems necessary. provision in current law and would result in banks approve the appointment and com- Likewise, this section would not affect the the retention of the FCA board as the FCSIC pensation of association CEOs. specific technical requirements of FCA’s ex- board. Use of Private Mortgage Insurance: This aminations or the Agency’s enforcement au- Section 8: Conservatorships and Receiver- section would allow a rural home loan bor- thorities. ships: This section makes a conforming rower to obtain financing in excess of 85 per- This section is designed to reduce examina- change to clarify that FCSIC can act in the cent of the value of the real estate collateral tion costs for well-captialized System insti- capacity of a receiver or conservator of a pledged, provided the borrower obtains pri- tutions while fully preserving FCA’s existing System institution. vate mortgage insurance for the amount in safety and soundness oversight authorities. Section 9: Examinations by the Farm Cred- excess of 85 percent. Under current statute, Section 5; Farm Credit Insurance Fund Op- it System Insurance Corporation: This sec- Farm Credit System institutions can only erations. This section would authorize the tion provides that once the Farm Credit Ad- lend up to 85 percent of the value of the real Farm Credit System Insurance Corporation ministration cancels the charter of a System estate security unless federal, state, or gov- (FCSIC) to allocate to System banks excess institution that is in receivership, FCSIC ernment agency guarantees are obtained. interest earnings generated by the Farm shall have exclusive authority to examine Removal of Certain Borrower Reporting Credit Insurance Fund once the Fund the institution. Requirements: This section would repeal the reaches the secure base amount. At the same Section 10: Oversight and Regulatory Ac- provision of current law which requires all time, until the excess interest earnings are tions by the Farm Credit System Insurance long-term mortgage borrowers to provide up- rebated to system banks, which would not Corporation: This section provides that the dated financial statements every three begin until five years after the secure base Farm Credit Administration shall consult years, regardless of the status of the bor- amount is reached, any uses of the Fund with FCSIC before approving any debt rower’s loan. would could first from the allocated earnings issuances by a System bank that fails to Disclosure Relating to Adjustable Rate held in the Fund. Only after such allocated meet the minimum capital levels set by Loans: For loans not subject to the Truth-In- amounts were exhausted would funds from FCA. This section also provides for consulta- Lending Act, current regulation requires the secure base amount be used. tion with FCSIC before the Farm Credit Ad- Farm Credit System institutions to notify a Current law requires the FCSIC to assess ministration approves a proposed merger or borrower of any increase in the interest rate premiums until such time as the aggregate restructuring of a System bank or large as- applicable to the borrower’s loan at least 10 -

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9536 CONGRESSIONAL RECORD — SENATE June 30, 1995 days in advance of the effective date of the change.regulations For adjustable with a rate view loans to thatrelieving are based regu- on anFarm underlying Credit indexSystem (such Regulatory as prime), this Relief requirement is i days in advance of the effective date of the latory burden and is committed to con- Act addresses the need for adequate change. For adjustable rate loans that are tinuing that process. The FCA Board re- and reliable credit by providing for the based on an underlying index (such as cently reaffirmed the existing policy to regu- prime), this requirement is impossible to ful- late only as necessary to implement or inter- removal of unnecessary and burden- fill. pret the statute or as required by safety and some regulation which will facilitate This section would permit notice of a soundness and to conduct a periodic review the flow of required capital. of regulations with a view to eliminating un- change in the borrower’s interest rate to be The Farm Credit Regulatory Relief given within a reasonable time after the ef- necessary burden. fective date of an increase or decrease. While we understand the position the Sys- Act grants the Farm Credit Adminis- Joint Management Agreements: This sec- tem has taken with respect to the statutory tration the flexibility to extend the tion would remove the requirement in cur- provision for financial statements, we do be- length of time between mandatory ex- rent law that both stockholders and the lieve that timely financial information on large loans with annual or infrequent pay- aminations to 18 months. The Farm Farm Credit Administration approve joint Credit Administration has the author- management agreements, thereby leaving ment schedules is required for safe and sound such decisions to the discretion of the boards business decisions and planning. Should the ity to examine system-direct lending of directors of the institutions involved. statutory provision be eliminated, we would institutions whenever and as often as Dissemination of Quarterly Reports: This continue to address this issue by regulation the agency chooses. This improvement section would require that regulations issued as necessary for safety and soundness. It should also be noted that the current FCA only changes the mandatory period be- by the Farm Credit Administration gov- tween examinations. This change will erning the dissemination of quarterly re- regulation (12 CFR 614.4200(c)) exempts loans ports to shareholders be no more burdensome with regular and frequently scheduled pay- reduce the isntitutions’ examination or costly than regulations issued by other fi- ments such as rural housing or other simi- costs and the savings will be passed larly amortized consumer-type loans. back to rural borrowers through lwoer nancial regulators governing similar disclo- With respect to the provisions dealing with sures by national banks. information provided to stockholders, FCA loan rates, thereby making capital Section 14: Removal of Federal Govern- regulations require that borrowers receive a more easily attainable where it is most ment Certification Requirement for Certain 10-day advance notice of the increase in rates needed. Private Sector Financings: This section on an adjustable rate loan, whether the rate would remove government certification pro- In addition to reducing costs, the is an administered rate or is tied to an index cedures for certain Banks for Cooperatives’ that is available to the general public and Regulatory Relief Act will also allow lending activities without changing eligi- not under the lender’s control. The Relief the Farm Credit System to better serve bility requirements in current statute. Act proposes to delete this requirement and local communities by creating admin- Under current law, eligibility for FCS bank provide for a post increase notice within a for cooperative rural utility lending is based istrative service entities. Current law reasonable time. The FCA Board has ex- allows Farm Credit banks to establish on the eligibility requirements in the Rural pressed interest in relaxing the regulatory Electrification Act. Current statute requires requirement and would support notification such service entities. This act would the administrator of the Rural Electrifica- to the borrower within 10 days after the in- extend existing authority to Farm tion Administration (REA) to certify that crease or decrease. Credit System associations which serve rural utility companies are eligible for REA The Relief Act provisions would relieve an the rural communities. I fully support financing in order for those systems to ob- association of any obligation to provide this change and believe that it is long tain private sector financing from the Banks stockholders with a quarterly financial re- for Cooperatives. This section would remove port. The quarterly report, together with the overdue. the certification requirement without chang- annual report, serves a dual purpose. The re- Through the removal of outdated and ing the underlying eligibility criteria in the ports provide shareholders with current in- burdensome regulations, the Farm statute. formation on the performance of their in- Credit System will be able to better Section 15: Reform of Regulatory Limita- vestment and the management of the asso- tions on Dividend, Member Business, and ciation they own. In addition, they serve as serve farming families and rural com- Voting Practices of Eligible Farmer-Owned the basis for disclosure to prospective share- munities wshile promoting cost savings Cooperatives: This section would allow holders. FCA regulations currently require to agriculture by providing farmers greater flexibility for evolving cooperative that quarterly reports be sent to stock- with competitive loan rates. For these structure issues such as dividend, member holders or published in a widely available reasons, I strongly support the Farm business, and voting practices. Under current publication. The FCA currently is consid- law, farmer-owned cooperatives are required ering a request from a number of System in- Credit Regulatory Relief Act of 1995. to maintain rigid operating procedures in stitutions to permit these reports be made order to maintain their eligibility for FCS available only when stockholders request By Mr. D’AMATO (for himself Bank for Cooperatives financing. This sec- them. The Relief Act would relieve System and Mr. MOYNIHAN): tion would allow existing borrowers to adapt institutions of the obligation to provide a their operations, while retaining their farm- quarterly report even if requested. We think S. 1012. A bill to extend the time for er-owned nature, and thereby maintain their shareholders need to have access to recent fi- construction of certain FERC licensed continued eligibility to borrow from the nancial information about the institution hydro projects; to the Committee on Banks for Cooperatives. This section would they own. Energy and Natural Resources. not expand Banks for Cooperatives eligi- With respect to the provision related to bility to cooperatives that do not meet the the Farm Credit System Insurance Corpora- HYDROELECTRIC POWER LICENSE EXTENSION eligibility criteria in current law. tion Board structure, we believe that it ∑ Mr. D’AMATO. Mr. President, I rise would result in significant savigns and that today to introduce legislation with my FARM CREDIT ADMINISTRATION, addressign this issue as proposed in the Re- McLean, VA, June 29, 1995. lief Act would be consistent with the current friend and colleague, Senator MOY- Hon. LARRY E. CRAIG, emphasis on streamlining government. NIHAN, that will keep two hydroelectric We thank you for the opportunity to com- Chairman, Forestry, Conservation, and Rural projects in upstate New York on track. ment. If we can be of further assistance, Our legislation will extend the time Revitalization Subcommittee. please let us know. Committee on Agriculture, Nutrition and For- Sincerely, limitations on two Federal Energy estry, MARSHA MARTIN, Regulatory Commission [FERC] li- U.S. Senate, Washington, DC. censed hydroelectric projects located Dear Mr. Chairman: In response to your re- Chairman. quest, the Farm Credit Administration pro- DOYLE L. COOK, on two existing dam sites on the Hud- vides its views on the proposed Farm Credit Board Member. son River—the Northumberland project System Regulatory Relief Act of 1995 (Relief Mr. HEFLIN. Mr. President, I rise in and the Waterford project. Act). Relieving regulatory burden has been a strong support of, and am proud to lend The Northumberland Hydroelectric strategic goal of the FCA’s since 1994, and we my cosponsorship to, the Farm Credit project, when completed, will generate have accomplished a great deal in this area. System Regulatory Relief Act of 1995. We are, nevertheless, supportive of legisla- The Farm Credit System has played 48 million kilowatt hours of electricity tive efforts to relieve burdens we lack the a central role in providing capital to while the Waterford Hydroelectric power to remove, provided safety and sound- farming families for decades. However, project will produce 42 million kilo- ness are not compromised. as we face an evolving business world, watt hours. The development of these We do not believe it is necessary for the two dams will provide a clean alter- Congress to direct FCA to continue its ef- modifications are necessary for Farm forts to eliminate regulations that are un- Credit to remain a viable financial native energy source. In addition, the necessary, unduly burdensome or costly or partner for American agriculture. construction and operation of these not based on statute. The FCA has been ac- The availability of credit is of vital projects will provide jobs for this up- tively involved in an effort to streamline its importance to rural economies. The state region of New York.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9537 As many of my colleagues who are fa- Some courts claim that the statute Interest reciprocity is established, miliar with similar projects know, the of limitations does not begin to run but requires offsetting by both the les- Federal Power Act sets a time limit for until the MMS ‘‘should have known see and the Secretary. This offsetting the beginning of construction on a hy- about the deficiency’’ in the amount procedure applies to all overpayments dropower project once FERC has issued the producer has paid [Mesa v. U.S. and underpayments at the lessee level a license. Once a license is issued, con- (10th Cir. 1994)]. Other courts have held for all federal leases of the same cat- struction must occur 2 years from the that the current six year statute ‘‘is egory prior to determining the ‘‘net’’ licensing date unless FERC extends the tolled until such time as the govern- overpayment or underpayment which initial two year deadline. The Federal ment could reasonably have known is subject to interest. Power Act allows only one extension about a fact material to its right of ac- The Act allows the Secretary to for up to 2 years. Failure to commerce tion.’’ [Phillips v. Lujan (10th Cir. 1993)]. waive interest. Currently, the law is in- construction within the time allotted Either of the above interpretations terpreted to require the collection of opens the license to termination. In subject producers to unlimited liabil- interest in all cases. That interpreta- the case of these two projects, FERC ity—a period that well exceeds the tion has made it difficult to resolve has already extended the deadline—the statute of limitations on other agency payment issues or settle disputed Northumberland deadline is January actions regarding procedures. This sit- claims. Thus, this section is intended 16, 1996, while the Waterford deadline is uation has created a climate of deep to facilitate the settlement of pay- June 7, 1997. uncertainty in the payment of royal- ments and disputes. The bill that we are introducing ties that was not intended by Congress Furthermore, the Act provides an in- today is identical to legislation intro- and that is not in the best interests of ducement for MMS to resolve adminis- duced in the House by Representatives consumers, producers, or ultimately trative proceedings in a diligent time- SOLOMON and MCNULTY. Both bills give the U.S. Government. frame (3 years). There is currently no FERC the authority to extend the con- Oil and gas producers pay billions of such inducement; in fact, the MMS in struction deadline for each project for dollars every year for the opportunity many instances tolls its decisions in- up to a total of 6 years. The current li- to drill on Federal land. The payment definitely. censees for these projects are moving of royalties is a routine part of doing This bill provides for the imposition steadily toward development, however, business with the federal government. of civil or criminal penalties upon a they recognize that they may not be Their is no attempt here to alter that showing of willful misconduct or gross able to achieve their goals within the obligation to pay. negligence. Currently penalties or as- prescribed deadlines. By enacting this However, like all other businesses, sessments are imposed without notice legislation, the extra time necessary to oil and gas producers need certainty in or an opportunity to be heard. This realize the potential of these projects their business relationships and in section provides for due process. will be granted. their business transactions with the No section of this bill allows for re- Mr. President, I ask unanimous con- Federal Government. That certainty is duced royalties either before or after sent that the text of the bill be printed not now present in the MMS’s regula- production is commenced. in the RECORD. tions or in numerous court decisions It does, however, eliminate the need There being no objection, the bill was interpreting the applicable statute of to give formal notice before seeking ordered to be printed in the RECORD, as limitations. Certainty can be achieved enforcement of the Outer Continental follows: only through legislation. For that rea- Shelf Leasing Act [OCSLA]. S. 1012 son, I am introducing today the Roy- These are the major provisions of the Be it enacted by the Senate and House of Rep- alty Fairness Act of 1995. Act. It covers leases administered by The main objective of this legislation resentatives of the United States of America in the Secretary of the Interior on Fed- Congress assembled, is to identify the time when the stat- eral lands and the Outer Continental SECTION 1. EXTENSION. ute of limitations begins to run on roy- Shelf but specifically excludes Indian Notwithstanding the limitations of section alty payments. In most cases, it will be lands. 13 of the Federal Power Act, the Federal En- when the obligation to pay the royalty The MMS has made a number of at- ergy Regulatory Commission, upon the re- begins. That will occur, in most in- quest of the licensee or licensees for FERC tempts to correct these problems, and stances, at the time of an under- projects numbered 4244 and 10648 (and after currently it has several information payment of the royalty payment to the reasonable notice), is authorized in accord- policies that parallel many of the pro- MMS. ance with the good faith, due diligence, and visions in this bill. However, there will public interest requirements of such section Let me summarize the effects and 13 and the Commission’s procedures under provisions of this bill: be no permanent solution until Con- such section, to extend the time required for The bill establishes a 6-year statute gress enacts legislation. The bill has commencement of construction for each of of limitations for auditing royalty ac- strong support among oil and gas pro- such projects for up to a maximum of 3 con- tivities and correcting errors, defined ducers. I am confident that creating a secutive 2-year periods. This section shall to commence the month following the climate of certainty in the oil and gas take effect for the projects upon the expira- month of production. industry and getting rid of some incon- tion of the extension (issued by the Commis- sistencies in current regulation is very sion under such section 13) of the period re- The bill also addresses the refund pe- quired for commencement of construction of riod for overpayments on OCS drilling. much in the national economic inter- each such project.∑ Currently, there is a 2-year period to est. file for an overpayment on offshore Mr. President, I ask unanimous con- By Mr. NICKLES: leases. Experience has shown that this sent that the text of the bill be printed S. 1014. A bill to improve the manage- period is too short and that, as a rein the RECORD. ment of royalties from Federal and sult, producers can lose legitimate re- There being no objection, the bill was Outer Continental Shelf oil and gas funds. To correct this problem, the bill ordered to be printed in the RECORD, as leases, and for other purposes; to the extends the refund period from 2 to 3 follows: Committee on Energy and Natural Re- years. This section also provides for S. 1014 sources. routine crediting or offsetting of over- Be it enacted by the Senate and House of Rep- THE ROYALTY FAIRNESS ACT OF 1995 payments against payments currently resentatives of the United States of America in Mr. NICKLES. Mr. President, over due—something that is not permitted Congress assembled, time, serious problems have developed now for royalty payments but would SECTION 1. SHORT TITLE; TABLE OF CONTENTS. with the ways courts and consequently increase the efficiencies of collection. (a) SHORT TITLE.—This Act may be cited as the Minerals Management Service An amendment to the Federal Oil the ‘‘Federal Oil and Gas Royalty Sim- [MMS] have interpreted the Federal and Gas Royalty Management Act of plification and Fairness Act of 1995’’. (b) TABLE OF CONTENTS.—The table of con- statute of limitations governing roy- 1982 [FOGRMA] is included to similarly tents for this Act is as follows: alty collection. Basically the issue is: shorten the time frame for producers Sec. 1. Short title; table of contents. At what time does the statute of limi- to keep records. There is simply no Sec. 2. Definitions. tations begin to run on the under- need to keep records beyond the pro- Sec. 3. Limitation periods. payment of royalties? posed 6-year statute of limitations. Sec. 4. Overpayments: offsets and refunds.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0655 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9538 CONGRESSIONAL RECORD — SENATE June 30, 1995 Sec. 5. Required recordkeeping. ‘‘(A) asserts a definite and quantified obli- or Secretary within the prescribed time peri- Sec. 6. Royalty interest, penalties, and pay- gation due the Secretary or the United ods referred to above: ments. States; and ‘‘(1) the Director’s or Secretary’s decision, Sec. 7. Limitation on assessments. ‘‘(B) specifically identifies the obligation as the case may be, shall be deemed issued Sec. 8. Cost-effective audit and collection by lease, production month and amount of and granted in favor of the lessee or lessees requirements. such obligation ordered to be paid, as well as as to any nonmonetary obligation and any Sec. 9. Elimination of notice requirement. the reason or reasons such obligation is obligation the principal amount of which is Sec. 10. Royalty in kind. claimed to be due, less than $2,500; and Sec. 11. Time and manner of royalty pay- but such term does not include any other ‘‘(2) in the case of a monetary obligation ment. communication by or on behalf of the Sec- the principal amount of which is $2,500 or Sec. 12. Repeals. retary or the United States; more, the Director’s or Secretary’s decision, Sec. 13. Indian lands. ‘‘(24) ‘overpayment’ means any payment as the case may be, shall be deemed issued Sec. 14. Effective date. (including any estimated royalty payment) and final, and the lessee shall have a right of SEC. 2. DEFINITIONS. by a lessee or by any person acting on behalf de novo judicial review and appeal of such Section 3 of the Federal Oil and Gas Roy- of a lessee in excess of an amount legally re- final agency action. alty Management Act of 1982 (30 U.S.C. 1701 quired to be paid on an obligation; ‘‘(c) TOLLING BY AGREEMENT.—Prior to the et seq.) is amended as follows: ‘‘(25) ‘payment’ means satisfaction, in expiration of any period of limitation under subsections (a) or (c), the Secretary and a (1) In paragraph (5), by inserting ‘‘(includ- whole or in part, of an obligation due the lessee may consent in writing to extend such ing any unit agreement and Secretary or the United States; period as it relates to any obligation under communitization agreement)’’ after ‘‘agree- ‘‘(26) ‘penalty’ means a statutorily author- the mineral leasing laws. The period so ment’’. ized civil fine levied or imposed by the Sec- agreed upon may be extended by subsequent (2) By amending paragraph (7) to read as retary or the United States for a violation of agreement or agreements in writing made follows: this Act, a mineral leasing law, or a term or before the expiration of the period pre- ‘‘(7) ‘lessee’ means any person to whom the provision of a lease administered by the Sec- viously agreed upon.– United States issues a lease.’’. retary; ‘‘(d) LIMITATION ON CERTAIN ACTIONS BY (3) By striking ‘‘and’’ at the end of para- ‘‘(27) ‘refund’ means the return of an over- THE UNITED STATES.—When an action on or graph (15), by striking the period at the end payment by the Secretary or the United enforcement of an obligation under the min- of paragraph (16) and inserting a semicolon, States by the drawing of funds from the eral leasing laws is barred under subsection and by adding at the end the following: United States Treasury; (a) or (b), the United States or an officer or ‘‘(17) ‘administrative proceeding’ means ‘‘(28) ‘underpayment’ means any payment agency thereof may not take any other or any agency process for rulemaking, adju- by a lessee or person acting on behalf of a further action regarding that obligation in- dication or licensing, as defined in and gov- lessee that is less than the amount legally cluding (but not limited to) the issuance of erned by chapter 5 of title 5, United States required to be paid on an obligation; and any order, request, demand or other commu- Code (relating to administrative procedures); ‘‘(29) ‘United States’ means— nication seeking any document, accounting, ‘‘(18) ‘assessment’ means any fee or charge ‘‘(A) the United States Government and determination, calculation, recalculation, levied or imposed by the Secretary or the any department, agency, or instrumentality principal, interest, assessment, penalty or United States other than— thereof; and the initiation, pursuit or completion of an ‘‘(A) the principal amount of any royalty, ‘‘(B) when such term is used in a geo- audit. minimum royalty, rental, bonus, net profit graphic sense, includes the several States, ‘‘(e) OBLIGATION BECOMES DUE.— share or proceed of sale; the District of Columbia, Puerto Rico, and ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(B) any interest; and the territories and possessions of the United section (a), an obligation becomes due when ‘‘(C) any civil or criminal penalty; States.’’. the right to enforce the obligation is fixed. ‘‘(19) ‘commence’ means— SEC. 3. LIMITATION PERIODS. ‘‘(2) SPECIAL RULE REGARDING ROYALTY OB- ‘‘(A) with respect to a judicial proceeding, (a) IN GENERAL.—The Federal Oil and Gas LIGATION.—The right to enforce any royalty the service of a complaint, petition, counter- Royalty Management Act of 1982 (30 U.S.C. obligation is fixed for the purposes of this claim, cross-claim, or other pleading seeking 1701 et seq.) is amended by adding after sec- Act on the last day of the calendar month affirmative relief or seeking offset or tion 114 the following new section: following the month in which oil or gas is recoupment; ‘‘SEC. 115. LIMITATION PERIODS. produced, except that with respect to any ‘‘(B) with respect to an administrative pro- ‘‘(a) IN GENERAL.— such royalty obligation which is altered by a ceeding— ‘‘(1) SIX-YEAR PERIOD.—A judicial or admin- retroactive redetermination of working in- ‘‘(i) the receipt by a lessee of an order to istrative proceeding which arises from, or re- terest ownership pursuant to a unit or pay issued by the Secretary; or lates to, an obligation may not be com- communitization agreement, the right to en- ‘‘(ii) the receipt by the Secretary of a writ- menced unless such proceeding is com- force such royalty obligation in such amend- ten request or demand by a lessee, or any menced within 6 years from the date on ed unit or communitization agreement is person acting on behalf of a lessee which as- which such obligation becomes due. fixed for the purposes of this Act on the last serts an obligation due the lessee; ‘‘(2) LIMIT ON TOLLING OF LIMITATION PE- day of the calendar month in which such re- ‘‘(20) ‘credit’ means the method by which RIOD.—The running of the limitation period determination is made. The Secretary shall an overpayment is utilized to discharge, can- under paragraph (1) shall not be suspended or issue any such redetermination within 180 cel, reduce or offset an obligation in whole or tolled by any action of the United States or days of receipt of a request for redetermina- in part; an officer or agency thereof other than the tion. ‘‘(21) ‘obligation’ means a duty of the Sec- commencement of a judicial or administra- ‘‘(f) JUDICIAL REVIEW OF ADMINISTRATIVE retary, the United States, or a lessee— tive proceeding under paragraph (1) or an PROCEEDINGS.—In the event an administra- ‘‘(A) to deliver or take oil or gas in kind; agreement under paragraph (3). tive proceeding subject to subsection (a) is timely commenced and thereafter the limi- or ‘‘(3) FRAUD OR CONCEALMENT.—For the pur- tation period in subsection (a) lapses during ‘‘(B) to pay, refund, credit or offset monies, pose of computing the limitation period the pendency of the administrative pro- including (but not limited to) a duty to cal- under paragraph (1), there shall be excluded ceeding, no party to such administrative pro- culate, determine, report, pay, refund, credit therefrom any period during which there has ceeding shall be barred by this section from or offset— been fraud or concealment by a lessee in an commencing a judicial proceeding chal- ‘‘(i) the principal amount of any royalty, attempt to defeat or evade payment of any lenging the final agency action in such ad- minimum royalty, rental, bonus, net profit such obligation. ministrative proceeding so long as such judi- share or proceed of sale; ‘‘(4) REASONABLE PERIOD FOR PROVIDING IN- cial proceeding is commenced within 90 days ‘‘(ii) any interest; FORMATION.—In seeking information on from receipt of notice of the final agency ac- ‘‘(iii) any penalty; or which to base an order to pay, the Secretary tion. ‘‘(iv) any assessment, shall afford the lessee or person acting on be- ‘‘(g) IMPLEMENTATION OF FINAL DECISION.— which arises from or relates to any lease ad- half of the lessee a reasonable period in In the event a judicial or administrative pro- ministered by the Secretary for, or any min- which to provide such information before the ceeding subject to subsection (a) is timely eral leasing law related to, the exploration, end of the period under paragraph (1). commenced and thereafter the limitation pe- production and development of oil or gas on ‘‘(b) FINAL AGENCY ACTION.—The Director riod in subsection (a) lapses during the pend- Federal lands or the Outer Continental of the Minerals Management Service shall ency of such proceeding, any party to such Shelf; issue a final Director’s decision in any ad- proceeding shall not be barred from taking ‘‘(22) ‘offset’ means the act of applying an ministrative proceeding before the Director such action as is required or necessary to im- overpayment (in whole or in part) against an within one year from the date such pro- plement the final unappealable judicial or obligation which has become due to dis- ceeding was commenced. The Secretary shall administrative decision, including any ac- charge, cancel or reduce the obligation; issue a final agency decision in any adminis- tion required or necessary to implement ‘‘(23) ‘order to pay’ means a written order trative proceeding within 3 years from the such decision by the recovery or recoupment issued by the Secretary or the United States date such proceeding was commenced. If no of an underpayment or overpayment by which— such decision has been issued by the Director means of refund, credit or offset.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9539

‘‘(h) STAY OF PAYMENT OBLIGATION PENDING ‘‘(3) TREATMENT AS WRITTEN REQUEST OR to maintain or produce any record covering REVIEW.—Any party ordered by the Sec- DEMAND.—Service of a request for refund a time period for which a substantive claim retary or the United States to pay any obli- shall be a ‘written request or demand’ suffi- with respect to an obligation to which the gation (including any interest, assessment or cient to commence an administrative pro- record relates would be barred by the appli- penalty) shall be entitled to a stay of such ceeding. cable statute of limitation in section 115.’’. payment without bond or other surety pend- ‘‘(4) PAYMENT BY SECRETARY OF THE TREAS- SEC. 6. ROYALTY INTEREST, PENALTIES, AND ing administrative or judicial review unless URY.—The Secretary shall certify the PAYMENTS. the Secretary demonstrates that such party amount of the refund to be paid under para- (a) INTEREST CHARGED ON LATE PAYMENTS is or may become financially insolvent or graph (1) to the Secretary of the Treasury AND UNDERPAYMENTS.—Section 111(a) of the otherwise unable to pay the obligation, in who is authorized and directed to make such Federal Oil and Gas Royalty Management which case the Secretary may require a bond refund. Act of 1982 (30 U.S.C. 1721(a)) is amended to or other surety satisfactory to cover the ob- ‘‘(5) PAYMENT PERIOD.—A refund under this read as follows: ligation. subsection shall be paid within 90 days of the ‘‘(a) In the case of oil and gas leases where ‘‘(i) INAPPLICABILITY OF THE OTHER STAT- date on which the request for refund was re- royalty payments are not received by the UTES OF LIMITATION.—The limitations set ceived by the Secretary. Secretary on the date that such payments forth in sections 2401, 2415, 2416, and 2462 of ‘‘(c) LIMITATION ON OFFSETS AND RE- are due, or are less than the amount due, the title 28, United States Code, section 42 of the FUNDS.— Secretary shall charge interest on a net late Mineral Leasing Act (30 U.S.C. 226–2), and ‘‘(1) LIMITATION PERIOD FOR OFFSETS AND payment or underpayment at the rate pub- section 3716 of title 31, United States Code, REFUNDS.—Except as provided by paragraph lished by the Department of the Treasury as shall not apply to any obligation to which (2), a lessee or person acting on behalf of a the Treasury Current Value Of Funds Rate. this Act applies.’’. lessee may not offset or receive a refund of The Secretary may waive or forego such in- (b) CLERICAL AMENDMENT.—The table of any overpayment which arises from or re- terest in whole or in part. In the case of a contents in section 1 of such Act (30 U.S.C. lates to an obligation unless such offset or net underpayment for a given reporting 1701) is amended by adding after the item re- refund request is initiated within six years month, interest shall be computed and lating to section 114 the following new item: from the date on which the obligation which charged only on the amount of the net un- is the subject of the overpayment became ‘‘Sec. 115. Limitation period.’’. derpayment and not on the total amount due due. SEC. 4. OVERPAYMENTS: OFFSETS AND REFUNDS. from the date of the net underpayment. The ‘‘(2) EXCEPTION.—(A) For any overpayment (a) IN GENERAL.—The Federal Oil and Gas net underpayment is determined by offset- the recoupment of which (in whole or in Royalty Management Act of 1982 (30 U.S.C. ting in the same manner as required under part) by offset or refund, or both, may occur 1701 et seq.) is amended by adding after sec- paragraphs (1) and (2) of section 111A(a). In- beyond the six-year limitation period pro- tion 111 the following new section: terest may only be billed by the Secretary vided in paragraph (1), where the issue of ‘‘SEC. 111A. OVERPAYMENTS: OFFSETS AND RE- for any net underpayment not less than one whether an overpayment occurred has not FUNDS. year following the subject reporting been finally determined, or where ‘‘(a) OFFSETS.— month.’’. recoupment of the overpayment has not been ‘‘(1) MANNER.—For each reporting month, a (b) CHARGE ON LATE PAYMENT MADE BY THE lessee or person acting on behalf of a lessee accomplished within said six-year period, the lessee or person acting on behalf of a lessee SECRETARY.—Section 111(b) of the Federal shall offset all under payments and overpay- Oil and Gas Royalty Management Act of 1982 ments made for that reporting month for all may preserve its right to recover or recoup the overpayment beyond the limitation pe- (30 U.S.C. 1721(b)) is amended to read as fol- leases within the same royalty distribution lows: category established under permanent in- riod by filing a written notice of the overpayment with the Secretary within the six- ‘‘(b) Any payment made by the Secretary definite appropriations. to a State under section 35 of the Mineral ‘‘(2) OFFSET AGAINST OBLIGATIONS.—The net year period. ‘‘(B) Notice under subparagraph (A) shall Leasing Act, and any other payment made overpayment resulting within each category by the Secretary which is not paid on the from the offsetting described in paragraph be sufficient if it— ‘‘(i) identifies the person who made such date required under such section 35, shall in- (1) may be offset and credited against any clude an interest charge computed at the obligation for current or subsequent report- overpayment; ‘‘(ii) asserts the obligation due the lessee rate published by the Department of the ing months which have become due on leases Treasury as the Treasury Current Value of within the same royalty distribution cat- or person; and ‘‘(iii) identifies the obligation by lease, Funds Rate. The Secretary shall not be re- egory. quired to pay interest under this paragraph ‘‘(3) PRIOR APPROVAL NOT REQUIRED.—The production month and amount, as well as the reason or reasons such overpayment is due. until collected or when such interest has offsetting or crediting of any overpayment, been waived or is otherwise not collected. in whole or part, shall not require the prior ‘‘(d) PROHIBITION AGAINST REDUCTION OF REFUNDS OR OFFSETS.—In no event shall the With respect to any obligation, the Sec- request to or approval by the Secretary. retary may waive or forego interest other- ‘‘(4) EXCLUSION OF CERTAIN UNDER AND Secretary directly or indirectly claim any amount or amounts against, or reduce any wise required under section 3717 of title 31, OVERPAYMENTS.—Any underpayment or over- United States Code.’’. payment upon which an order has been offset or refund (or interest accrued thereon) (c) PERIOD.—Section 111(f) of the Federal issued which is subject to appeal shall be ex- by, the amount of any obligation the en- Oil and Gas Royalty Management Act of 1982 cluded from the offsetting provisions of this forcement of which is barred by section (30 U.S.C. 1721(f)) is amended to read as fol- section. 115.’’. LERICAL MENDMENT lows: ‘‘(b) REFUNDS.— (b) C A .—The table of ‘‘(f) Unless waived or not collected pursu- ‘‘(1) IN GENERAL.—A refund request may be contents in section 1 of such Act (30 U.S.C. made to the Secretary not before one-year 1701)is amended by adding after the item re- ant to subsections (a)(2) and (b)(2), interest after the subject reporting month. After lating to section 111 the following new item: shall be charged under this section only for such one-year period and when a lessee or a ‘‘Sec. 111A. Overpayments: offsets and re- the number of days a payment is late.’’. person acting on behalf of a lessee has made funds.’’. (d) LESSEE INTEREST.—Section 111 of the a net overpayment to the Secretary or the SEC. 5. REQUIRED RECORDKEEPING. Federal Oil and Gas Royalty Management United States and has offset or credited in Section 103 of the Federal Oil and Gas Roy- Act of 1982 (30 U.S.C. 1721) is amended by add- accordance with subsection (a), the Sec- alty Management Act of 1982 (30 U.S.C. ing the following after subsection (g): retary shall, upon request, refund to such 1713(b)) is amended by adding at the end the ‘‘(h) If a net overpayment, as determined lessee or person the net overpayment, with following: by offsetting as required under section accumulated interest thereon determined in ‘‘(c) Records required by the Secretary for 111A(1) and (2) for a reporting month, inter- accordance with section 111. If for any rea- the purpose of determining compliance with est shall be allowed and paid or credited on son, a lessee or person acting on behalf of a an applicable mineral leasing law, lease pro- such net overpayment, with such interest to lessee is no longer accruing obligations on vision, regulation or order with respect to oil accrue from the date such net overpayment any lease within a category, then such lessee and gas leases from Federal lands or the was made, at the rate published by the De- or person may immediately file a request for Outer Continental Shelf shall be maintained partment of the Treasury as the Treasury a refund of any net overpayment and accu- for six years after an obligation becomes due Current Value of Funds Rate.’’. mulated interest. unless the Secretary commences a judicial (e) PAYMENT EXCEPTION FOR MINIMAL PRO- ‘‘(2) REQUEST.—The request for refund is or administrative proceeding with respect to DUCTION.—Section 111 of the Federal Oil and sufficient if it— an obligation within the time period pre- Gas Royalty Management Act of 1982 (30 ‘‘(A) is made in writing to the Secretary; scribed by section 115 in which such records U.S.C. 1721) is amended by adding the fol- ‘‘(B) identifies the person entitled to such may be relevant. In that event, the Sec- lowing after subsection (h): refund; and retary may direct the record holder to main- ‘‘(i) For any well on a lease which produces ‘‘(C) provides the Secretary information tain such records until the final nonappeal- on average less than 250 thousand cubic feet that reasonably enables the Secretary to able decision in such judicial or administra- of gas per day or 25 barrels of oil per day, the identify the overpayment for which such re- tive proceeding is rendered. Under no cir- royalty on the actual or allocated lease pro- fund is sought. cumstance shall a record holder be required duction may be paid—

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9540 CONGRESSIONAL RECORD — SENATE June 30, 1995 ‘‘(1) for a 12-month period, only based on graph of section 36 of the Mineral Leasing second month following the month the pro- actual production removed or sold from the Act (30 U.S.C. 192) are each amended by add- duction was removed or sold for as long as lease; and ing at the end the following: ‘‘Any royalty or the estimated balance exists. Such estimated ‘‘(2) 6 months following such period, for ad- net profit share of oil or gas accruing to the royalty payment may be carried forward and ditional production allocated to the lease United States under any lease issued or not reduced by actual royalties paid. Any es- during the period. maintained by the Secretary for the explo- timated balance may be adjusted, recouped, No interest shall be allowed or accrued on ration, production and development of oil or reinstated, at any time. The requirements any underpayment resulting from this pay- and gas on Federal lands or the Outer Conti- of paragraph (2) shall not apply to any esti- ment methodology until the month following nental Shelf, at the Secretary’s option, may mated royalty payment.’’. the applicable 12-month period.’’. be taken in kind at or near the lease upon 90 SEC. 12. REPEALS. SEC. 7. LIMITATION ON ASSESSMENTS. days prior written notice to the lessee. Once (a) FOGRMA.—Section 307 of the Federal Section 111 of the Federal Oil and Gas Roy- the United States has commenced taking Oil and Gas Royalty Management Act of 1982 alty Management Act of 1982 (30 U.S.C. 1721) royalty in kind, it shall continue to do so (30 U.S.C. 1755), is repealed. Section 1 of such is amended by adding the following after until 90 days after the Secretary has pro- Act (relating to the table of contents) is subsection (i): vided written notice to the lessee that it will amended by striking out the item relating to ‘‘(j) The Secretary may levy or impose an resume taking royalty in value. Delivery of section 307. assessment upon any person not to exceed royalty in kind by the lessee shall satisfy in (b) OCSLA.—Effective on the date of the $250 for any reporting month for the inac- full the lessee’s royalty obligation. Once the enactment of this Act, section 10 of the curate reporting of information required oil or gas is delivered in kind, the lessee Outer Continental Shelf Lands Act (43 U.S.C. under subsection (k). No assessment may be shall not be subject to the reporting and rec- 1339) is repealed. ordkeeping requirements, including require- levied or imposed upon any person for any SEC. 13. INDIAN LANDS. ments under section 103, except for those re- underpayment, late payment, or estimated The amendments made by this Act shall ports and records necessary to verify the vol- payment or for any erroneous or incomplete not apply with respect to Indian lands, and ume of oil or gas produced and delivered royalty or production related report for in- the provisions of the Federal Oil and Gas prior to or at the point of delivery.’’. formation not required by subsection (k) ab- Royalty Management Act of 1982 as in effect (b) SALE.—Section 27(c)(1) of the Outer sent a showing of gross negligence or willful on the day before the date of enactment of misconduct.’’. Continental Shelf Lands Act (43 U.S.C. 1353(c)(1)) is amended by striking ‘‘competi- this Act shall apply after such date only SEC. 8. COST-EFFECTIVE AUDIT AND COLLEC- with respect to Indian lands. TION REQUIREMENTS. tive bidding for not more than its regulated SEC. 14. EFFECTIVE DATE. Section 101 of the Federal Oil and Gas Roy- price, or if no regulated price applies, not This Act, and the amendments made by alty Management Act of 1982 (30 U.S.C. 1701 less than its fair market value’’ and insert- this Act, shall take effect on the date of the et seq.) is amended by adding the following ing ‘‘competitive bidding or private sale’’. enactment of this Act with respect to any after subsection (c): SEC. 11. TIME, MANNER, AND INFORMATION RE- ‘‘(d)(1) If the Secretary determines that the QUIREMENTS FOR ROYALTY PAY- obligation which becomes due on or after cost of accounting for and collecting of any MENT AND REPORTING. such date of enactment. Section 111 of the Federal Oil and Gas Roy- obligation due for any oil or gas production f alty Management Act of 1982 (30 U.S.C. 1721) exceeds or is likely to exceed the amount of is amended by adding the following after ADDITIONAL COSPONSORS the obligation to be collected, the Secretary subsection (j): shall waive such obligation. S. 648 ‘‘(k)(1) Any royalty payment on an obliga- ‘‘(2) The Secretary shall develop a lease tion due the United States for oil or gas pro- At the request of Mr. COHEN, the level reporting and audit strategy which duced pursuant to an oil and gas lease ad- name of the Senator from Maine [Ms. eliminates multiple or redundant reporting ministered by the Secretary shall be payable SNOWE] was added as a cosponsor of S. of information. ‘‘(3) In carrying out this section, for on- at the end of the month following the month 648, a bill to clarify treatment of cer- shore production from any well which is less in which oil or gas is removed or sold from tain claims and defenses against an in- than 250 thousand cubic feet of gas per day or such lease. sured depository institution under re- ‘‘(2) Royalty reporting with respect to any 25 barrels of oil per day, or for offshore pro- obligation shall be by lease and shall include ceivership by the Federal Deposit In- duction for any well less than 1,500,000 cubic only the following information: surance Corporation, and for other pur- feet of gas per day or 150 barrels of oil per ‘‘(A) identification of the lease; poses. day, the Secretary shall only require the les- ‘‘(B) product type; S. 678 see to submit the information described in ‘‘(C) volume (quantity) of such oil or gas section 111(k). For such onshore and offshore At the request of Mr. AKAKA, the produced; production, the Secretary shall not conduct names of the Senator from North Da- ‘‘(D) quality of such oil or gas produced; royalty reporting compliance and enforce- ‘‘(E) method of valuation and value, in- kota [Mr. CONRAD], and the Senator ment activities, levy or impose assessments cluding deductions; and from Rhode Island [Mr. PELL] were described in such section 111(k) and shall not ‘‘(F) royalty due the United States. added as cosponsors of S. 678, a bill to bill for comparisons between royalty report- ‘‘(3) Other than the reporting required provide for the coordination and imple- ing and production information. The Sec- under paragraph (2), the Secretary shall not retary may only conduct audits on such mentation of a national aquaculture require additional reports or information for policy for the private sector by the leases if the Secretary has reason to believe production or royalty accounting, including that the lessee has not complied with pay- Secretary of Agriculture, to establish (but not limited to) information or reports an aquaculture development and re- ment obligations for at least three months on allowances, payor information, selling ar- during a twelve month period. The Secretary rangements, and revenue source. search program, and for other pur- shall not perform such audit if the Secretary ‘‘(4) No assessment may be imposed on a poses. determines that the cost of conducting the retroactive adjustments with respect to roy- S. 690 audit exceeds or is likely to exceed the addi- alty information made on a net basis for re- At the request of Mr. AKAKA, the tional royalties expected to be received as a ports described in paragraph (2). result of such audit.’’.– ‘‘(5) The Secretary shall establish report- name of the Senator from Florida [Mr. SEC. 9. ELIMINATION OF NOTICE REQUIREMENT. ing thresholds for de minimis production, GRAHAM] was added as a cosponsor of S. Section 23(a)(2) of the Outer Continental which is defined as less than 100 thousand 690, a bill to amend the Federal Nox- Shelf Lands Act (43 U.S.C. 1349(a)(2)) is cubic feet of gas per day or 10 barrels of oil ious Weed Act of 1974 and the Terminal amended to read as follows: per day per lease. For such de minimis pro- Inspection Act to improve the exclu- ‘‘(2) Except as provided in paragraph (3) of duction, the lessee shall report retroactive sion, eradication, and control of nox- this subsection, no action may be com- adjustments with the current month royalty ious weeds and plants, plant products, menced under subsection (a)(1) of this sec- payment, and the Secretary shall not bill plant pests, animals, and other orga- tion if the Attorney General has commenced for, or collect, comparisons to production, and is diligently prosecuting a civil action in assessments, or interest. nisms within and into the United a court of the United States or a State with ‘‘(6) If the deadline for tendering a royalty States, and for other purposes. respect to such matter, but in any such ac- payment imposed by paragraph (1) cannot be S. 890 tion in a court of the United States any per- met for one or more leases, an estimated At the request of Mr. KOHL, the name son having a legal interest which is or may royalty payment in the approximate amount of the Senator from Illinois [Ms. be adversely affected may intervene as a of royalties that would otherwise be due may MOSELEY-BRAUN] was added as a co- matter of right.’’. be made by a lessee or person acting on be- SEC. 10. ROYALTY IN KIND. half of a lessee for such leases to avoid late sponsor of S. 890, a bill to amend title (a) IN GENERAL.—Section 27(a)(1) of the payment interest charges. When such esti- 18, United States Code, with respect to Outer Continental Shelf Lands Act (43 U.S.C. mated royalty payment is established, ac- gun free schools, and for other pur- 1353(a)(1)) and the first undesignated para- tual royalties become due at the end of the poses.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9541 S. 1001 S. RES. 147 to our Nation. I look forward to the At the request of Mr. BAUCUS, his Whereas there are 103 historically black speedy adoption of this Resolution. name was added as a cosponsor of S. colleges and universities in the United 1001, a bill to reform regulatory proce- States; f dures, and for other purposes. Whereas black colleges and universities provide the quality education so essential to SENATE RESOLUTION 103 full participation in a complex, highly tech- SENATE RESOLUTION 148—REL- At the request of Mr. DOMENICI, the nological society; ATIVE TO THE ARREST OF names of the Senator from California Whereas black colleges and universities HARRY WU [Mrs. BOXER], and the Senator from have a rich heritage and have played a Colorado [Mr. BROWN] were added as prominent role in American history; Mr. HELMS submitted the following cosponsors of Senate Resolution 103, a Whereas black colleges and universities resolution; which was considered and resolution to proclaim the week of Oc- have allowed many underprivileged students agreed to: to attain their full potential through higher tober 15 through October 21, 1995, as S. RES. 148 National Character Counts Week, and education; and Whereas the achievements and goals of his- Whereas Peter H. Wu, known as Harry Wu, for other purposes. torically black colleges and universities are attempted to enter the People’s Republic of f deserving of national recognition: Now, China on June 19, 1995, near the China- SENATE RESOLUTION 146—TO DES- therefore, be it Kazakhstan border; IGNATE NATIONAL FAMILY Resolved, That the Senate designates the Whereas Harry Wu, a 58-year-old American weeks beginning September 24, 1995, and Sep- WEEK citizen, was traveling on a valid United tember 22, 1996, as ‘‘National Historically States passport and a valid visa issued by Mr. JOHNSTON submitted the fol- Black Colleges and Universities Week’’. The the Chinese authorities; lowing resolution; which was referred Senate requests the President of the United Whereas the Chinese authorities confined States to issue a proclamation calling on the to the Committee on the Judiciary: Harry Wu to house arrest for 3 days, after people of the United States and interested S. RES.146 which time he has not been seen or heard groups to observe the weeks with appro- Whereas the family is the basic strength of from; any free and orderly society; priate ceremonies, activities, and programs Whereas it is appropriate to honor the fam- to demonstrate support for historically Whereas the Chinese Foreign Ministry no- ily as a unit essential to the continued well- black colleges and universities in the United tified the United States Embassy in Beijing being of the United States; and States. of Mr. Wu’s detention on Friday, June 23; Whereas it is fitting that official recogni- Mr. THURMOND. Mr. President, I am Whereas the United States Embassy in Bei- tion be given to the importance of family jing approached the Chinese Foreign Min- loyalties and ties: Now, therefore, be it pleased to rise today to submit a Sen- istry on Monday, June 26, to issue an official Resolved, That the Senate designates the ate Resolution which authorizes and demarche for the detention of an American week beginning on November 19, 1995, and requests the President to designate the citizen; the week beginning on November 24, 1996, as weeks beginning September 24, 1995, Whereas the terms of the United States- ‘‘National Family Week’’. The Senate re- and September 22, 1996, as ‘‘National People’s Republic of China Consular Conven- quests the President to issue a proclamation tion on February 19, 1982, require that United calling on the people of the United States to Historically Black Colleges Week’’. It is my privilege to sponsor this leg- States Government officials shall be ac- observe each week with appropriate cere- corded access to an American citizen as soon monies and activities. islation for the 11th time honoring the Historically Black Colleges of our as possible but not more than 48 hours after ∑ Mr. JOHNSTON. Mr. President, I the United States has been notified of such submitted legislation in the 103d Con- Country. detention; Eight of the 103 Historically Black gress designating the week beginning Whereas on Wednesday, June 28, the high- on November 21, 1993, and the week be- Colleges, namely Allen University, est ranking representative of the People’s ginning on November 20, 1994, as ‘‘Na- Benedict College, Claflin College, Republic of China in the United States re- tional Family Week.’’ This was signed South Carolina State University, Mor- fused to offer the United States Government by the President and became Public ris College, Voorhees College, Denmark any information on Harry Wu’s whereabouts Law 103–153. Today I am pleased to sub- Technical College, and Clinton Junior or the charges brought against him; mit legislation which would designate College, are located in my home State. Whereas the Government of the People’s a ‘‘National Family Week’’ for the fol- These colleges are vital to the higher Republic of China is in violation of the terms lowing 2 years, the week beginning on education system of South Carolina. of its Consular Convention; November 19, 1995, and the week begin- They have provided thousands of eco- Whereas Harry Wu, who was born in China, nomically disadvantaged young people has already spent 19 years in Chinese pris- ning on November 24, 1996. ons; The family is the basic strength of with the opportunity to obtain a col- any free and orderly society and it is Whereas Harry Wu has dedicated his life to lege education. the betterment of the human rights situa- rather appropriate to honor the family Mr. President, thousands of young tion in the People’s Republic of China; as a unit essential to the continued Americans have received quality edu- Whereas Harry Wu first detailed to the well-being of the United States. It is cations at these 103 schools. These in- United States Congress the practice of using only fitting that official recognition be stitutions have a long and distin- prison labor to produce products for export given to the importance of family loy- guished history of providing the train- from China to other countries; alties and ties and that the people of ing necessary for participation in a Whereas Harry Wu testified before the the United States observe such weeks rapidly changing society. Historically Committee on Foreign Relations of the Sen- with appropriate ceremonies and ac- Black Colleges offer our citizens a vari- ate on May 4, 1995, informing the Committee, tivities. ety of curricula and programs through the Senate, and the American people about Since Thanksgiving falls during both which young people develop skills and the Chinese government practice of mur- these weeks, families may already be dering Chinese prisoners, including political talents, thereby expanding opportuni- prisoners, for the purpose of harvesting their gathered for festivities. Therefore, it is ties for continued social progress. particularly suitable to pause as a Na- organs for sale on the international market; Recent statistics show that Histori- Whereas on June 2, 1995, the President of tion and recognize the support that cally Black Colleges and Universities families give to their members, and the United States announced his determina- have graduated 60 percent of the black tion that further extension of the waiver au- therefore to the community of the pharmacists in the Nation, 40 percent thority granted by section 402(c) of the Trade United States. I hope my colleagues of the black attorneys, 50 percent of Act of 1974 (Public Law 93–618; 88 Stat. 1978), will join me in this effort.∑ the black engineers, 75 percent of the also known as ‘‘Jackson-Vanik’’, will sub- f black military officers, and 80 percent stantially promote freedom of emigration from the People’s Republic of China; SENATE RESOLUTION 147—TO DES- of the black members of the Judiciary. IGNATE NATIONAL HISTORI- Mr. President, through adoption of Whereas This waiver authority will allow CALLY BLACK COLLEGES WEEK the People’s Republic of China to receive the this Senate Resolution, Congress can lowest tariff rates possible, also known as Mr. THURMOND submitted the fol- reaffirm its support for Historically Most-Favored-Nation trading status, for a lowing resolution; which was referred Black Colleges, and appropriately rec- period of 12 months beginning on July 3, 1995; to the Committee on the Judiciary: ognize their important contributions and

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9542 CONGRESSIONAL RECORD — SENATE June 30, 1995 Whereas The Chinese government and peo- organization, procedure, or practice, unless but who are unlikely to receive notice of the ple benefit substantially from the continu- such rule, statement, or guidance has gen- proposed rulemaking through the Federal ation of such trading benefits: Now, there- eral applicability and substantially alters or Register; fore, be it creates rights or obligations of persons out- ‘‘(3) the provision of opportunities for oral Resolved, That (a) the United States Senate side the agency; or presentation of data, views, information, or expresses its condemnation of the arrest of ‘‘(4) a rule relating to the acquisition, rebuttal arguments at informal public hear- Peter H. Wu and its deep concern for his management, or disposal by an agency of ings, meetings, and round table discussions, well-being. real or personal property, or of services, that which may be held in the District of Colum- (b) It is the sense of the Senate that— is promulgated in compliance with otherwise bia and other locations; (1) the People’s Republic of China must im- applicable criteria and procedures. ‘‘(4) the establishment of reasonable proce- mediately comply with its commitments ‘‘(b) NOTICE OF PROPOSED RULEMAKING.— dures to regulate the course of informal pub- under the United States-People’s Republic of General notice of proposed rulemaking shall lic hearings, meetings and round table dis- China Consular Convention of February 19, be published in the Federal Register, unless cussions, including the designation of rep- 1982, by allowing consular access to Peter H. all persons subject thereto are named and ei- resentatives to make oral presentations or Wu; ther personally served or otherwise have ac- engage in direct or cross-examination on be- (2) the People’s Republic of China should tual notice of the proposed rulemaking in ac- half of several parties with a common inter- provide immediately a full accounting of cordance with law. Each notice of proposed est in a rulemaking, and the provision of Peter Wu’s whereabouts and the charges rulemaking shall include— transcripts, summaries, or other records of being brought against him; and ‘‘(1) a statement of the time, place, and na- all such public hearings and summaries of (3) the President of the United States ture of public rulemaking proceedings; meetings and round table discussions; should use every diplomatic means available ‘‘(2) a succinct explanation of the need for ‘‘(5) the provision of summaries, explana- to ensure Peter Wu’s safe and expeditious re- and specific objectives of the proposed rule, tory materials, or other technical informa- turn to United States. including an explanation of the agency’s de- tion in response to public inquiries con- SEC. 2. The Secretary of the Senate shall termination of whether or not the rule is a cerning the issues involved in the rule- transmit a copy of this resolution to the major rule within the meaning of section making; and President of the United States with the re- 621(5); ‘‘(6) the adoption or modification of agency quest that the President further transmit ‘‘(3) a succinct explanation of the specific procedural rules to reduce the cost or com- such copy to the Embassy of the People’s Re- statutory basis for the proposed rule, includ- plexity of the procedural rules. public of China in the United States. ing an explanation of— ‘‘(f) PLANNED FINAL RULE.—If the provi- ‘‘(A) whether the interpretation is clearly sions of a final rule that an agency plans to f required by the text of the statute; or adopt are so different from the provisions of AMENDMENTS SUBMITTED ‘‘(B) if the interpretation is not clearly re- the original notice of proposed rulemaking quired by the text of the statute, an expla- that the original notice did not fairly apprise nation that the interpretation is within the the public of the issues ultimately to be re- range of permissible interpretations of the solved in the rulemaking or of the substance THE COMPREHENSIVE REGU- statute as identified by the agency, and an of the rule, the agency shall publish in the LATORY REFORM ACT OF 1995 explanation why the interpretation selected Federal Register a notice of the final rule by the agency is the agency’s preferred inter- the agency plans to adopt, together with the pretation; information relevant to such rule that is re- DOLE (AND OTHERS) AMENDMENT ‘‘(4) the terms or substance of the proposed quired by the applicable provisions of this NO. 1487 rule; section and that has not previously been ‘‘(5) a summary of any initial analysis of published in the Federal Register. The agen- Mr. DOLE (for himself, Mr. JOHN- the proposed rule required to be prepared or cy shall allow a reasonable period for com- STON, Mr. HATCH, Mr. HEFLIN, Mr. NICK- issued pursuant to chapter 6; ment on such planned final rule prior to its LES, Mr. ROTH, Mr. MURKOWSKI, Mr. ‘‘(6) a statement that the agency seeks pro- adoption. BOND, Mr. GRASSLEY, Mr. COVERDELL, posals from the public and from State and ‘‘(g) STATEMENT OF BASIS AND PURPOSE.— An agency shall publish each final rule it Mr. THOMPSON, Mr. CRAIG, Mr. BROWN, local governments for alternative methods adopts in the Federal Register, together with Mr. THOMAS, Mr. KYL, Mr. BREAUX, to accomplish the objectives of the rulemaking that are more effective or less bur- a concise statement of the basis and purpose Mrs. HUTCHISON, Mr. ABRAHAM, Mr. densome than the approach used in the proof the rule and a statement of when the rule GRAMS, and Mr. LOTT) proposed an posed rule; and may become effective. The statement of amendment to the bill (S. 343) to re- ‘‘(7) a statement specifying where the file basis and purpose shall include— form the regulatory process, and for of the rulemaking proceeding maintained ‘‘(1) an explanation of the need for, objec- other purposes; as follows: pursuant to subsection (j) may be inspected tives of, and specific statutory authority for, the rule; Strike all after the enacting clause and in- and how copies of the items in the file may ‘‘(2) a discussion of, and response to, any sert the following: be obtained. ‘‘(c) PERIOD FOR COMMENT.—The agency significant factual or legal issues presented SECTION 1. SHORT TITLE. shall give interested persons not less than 60 by the rule, or raised by the comments on This Act may be cited as the ‘‘Comprehen- days after providing the notice required by the proposed rule, including a description of sive Regulatory Reform Act of 1995’’. subsection (b) to participate in the rule- the reasonable alternatives to the rule pro- SEC. 2. DEFINITIONS. making through the submission of written posed by the agency and by interested per- Section 551 of title 5, United States Code, data, views, or arguments. sons, and the reasons why such alternatives is amended— ‘‘(d) GOOD CAUSE EXCEPTION.—Unless no- were rejected; (1) in the matter preceding paragraph (1), tice or hearing is required by statute, a final ‘‘(3) a succinct explanation of whether the by striking ‘‘this subchapter’’ and inserting rule may be adopted and may become effec- specific statutory basis for the rule is ex- ‘‘this chapter and chapters 7 and 8’’; tive without prior compliance with sub- pressly required by the text of the statute, or (2) in paragraph (13), by striking ‘‘and’’; sections (b) and (c) and (e) through (g) if the if the specific statutory interpretation upon (3) in paragraph (14), by striking the period agency for good cause finds that providing which the rule is based is not expressly re- at the end and inserting ‘‘; and’’; and notice and public procedure thereon before quired by the text of the statute, an expla- (4) by adding at the end the following new the rule becomes effective is impracticable, nation that the interpretation is within the paragraph: unnecessary, or contrary to the public inter- range of permissible interpretations of the ‘‘(15) ‘Director’ means the Director of the est. If a rule is adopted under this sub- statute as identified by the agency, and why Office of Management and Budget.’’. section, the agency shall publish the rule in the agency has rejected other interpreta- SEC. 3. RULEMAKING. the Federal Register with the finding and a tions proposed in comments to the agency; Section 553 of title 5, United States Code, succinct explanation of the reasons therefor. ‘‘(4) an explanation of how the factual con- ‘‘(e) PROCEDURAL FLEXIBILITY.—To collect is amended to read as follows: clusions upon which the rule is based are relevant information, and to identify and substantially supported in the rulemaking ‘‘§ 553. Rulemaking elicit full and representative public com- file; and ‘‘(a) APPLICABILITY.—This section applies ment on the significant issues of a particular ‘‘(5) a summary of any final analysis of the to every rulemaking, according to the provi- rulemaking, the agency may use such other rule required to be prepared or issued pursu- sions thereof, except to the extent that there procedures as the agency determines are ap- ant to chapter 6. is involved— propriate, including— ‘‘(h) NONAPPLICABILITY.—In the case of a ‘‘(1) a matter pertaining to a military or ‘‘(1) the publication of an advance notice of rule that is required by statute to be made foreign affairs function of the United States; proposed rulemaking; on the record after opportunity for an agen- ‘‘(2) a matter relating to the management ‘‘(2) the provision of notice, in forms which cy hearing, sections 556 and 557 shall apply in or personnel practices of an agency; are more direct than notice published in the lieu of subsections (c), (e), (f), and (g). ‘‘(3) an interpretive rule, general state- Federal Register, to persons who would be ‘‘(i) EFFECTIVE DATE.—An agency shall ment of policy, guidance, or rule of agency substantially affected by the proposed rule publish the final rule in the Federal Register

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9543 not later than 60 days before the effective a rulemaking under subsection (e) shall not ‘‘(B) affords maximum flexibility to each date of such rule. An agency may make a be subject to judicial review. regulated person in complying with manda- rule effective in less than 60 days after publi- ‘‘(2) The rulemaking file required under tory regulatory objectives, which flexibility cation in the Federal Register if the rule subsection (j) shall constitute the rule- shall, where feasible and appropriate, in- grants or recognizes an exemption, relieves a making record for purposes of judicial re- clude, but not be limited to, the opportunity restriction, or if the agency for good cause view. to transfer to, or receive from, other persons, finds that such a delay in the effective date ‘‘(3) No court shall hold unlawful or set including for cash or other legal consider- would be contrary to the public interest and aside an agency rule based on a violation of ation, increments of compliance responsi- publishes such finding and an explanation of subsection (j), unless the court finds that bility established by the program; and the reasons therefor, with the final rule. such violation has precluded fair public con- ‘‘(C) permits regulated persons to respond ‘‘(j) RULEMAKING FILE.—(1) The agency sideration of a material issue of the rule- to changes in general economic conditions shall maintain a file for each rulemaking making taken as a whole. and in economic circumstances directly per- proceeding conducted pursuant to this sec- ‘‘(4)(A) Judicial review of compliance or tinent to the regulatory program without af- tion and shall maintain a current index to noncompliance with subsection (j) shall be fecting the achievement of the program’s ex- such file. limited to review of action or inaction on the plicit regulatory mandates; ‘‘(2) Except as provided in subsection (k), part of an agency. ‘‘(7) the term ‘performance-based stand- ‘‘(B) A decision by an agency to deny a pe- the file shall be made available to the public ards’ means requirements, expressed in tition under subsection (l) shall be subject to not later than the date on which the agency terms of outcomes or goals rather than man- judicial review immediately upon denial, as makes an initial publication concerning the datory means of achieving outcomes or final agency action under the statute grant- rule. goals, that permit the regulated entity dis- ing the agency authority to carry out its ac- ‘‘(3) The rulemaking file shall include— cretion to determine how best to meet spe- tion. ‘‘(A) the notice of proposed rulemaking, cific requirements in particular cir- ‘‘(n) CONSTRUCTION.—(1) Notwithstanding any supplement to, or modification or revi- cumstances; sion of, such notice, and any advance notice any other provision of law, this section shall apply to and supplement the procedures gov- ‘‘(8) the term ‘reasonable alternatives’ of proposed rulemaking; means the range of reasonable regulatory op- ‘‘(B) copies of all written comments re- erning informal rulemaking under statutes that are not generally subject to this sections that the agency has authority to conceived on the proposed rule; sider under the statute granting rulemaking ‘‘(C) a transcript, summary, or other tion. ‘‘(2) Nothing in this section authorizes the authority, including flexible regulatory op- record of any public hearing conducted on use of appropriated funds available to any tions of the type described in section the rulemaking; agency to pay the attorney’s fees or other 622(c)(2)(C)(iii), unless precluded by the stat- ‘‘(D) copies, or an identification of the expenses of persons intervening in agency ute granting the rulemaking authority; and place at which copies may be obtained, of proceedings.’’. ‘‘(9) the term ‘rule’ has the same meaning factual and methodological material that as in section 551(4), and— SEC. 4. ANALYSIS OF AGENCY RULES. pertains directly to the rulemaking and that ‘‘(A) includes any statement of general ap- (a) IN GENERAL.—Chapter 6 of title 5, was considered by the agency in connection plicability that substantially alters or cre- with the rulemaking, or that was submitted United States Code, is amended by adding at the end the following: ates rights or obligations of persons outside to or prepared by or for the agency in con- the agency; and nection with the rulemaking; and ‘‘SUBCHAPTER II—ANALYSIS OF AGENCY ‘‘(B) does not include— ‘‘(E) any statement, description, analysis, RULES ‘‘(i) a rule that involves the internal rev- or other material that the agency is required ‘‘§ 621. Definitions enue laws of the United States, or the assess- to prepare or issue in connection with the ‘‘For purposes of this subchapter— ment and collection of taxes, duties, or other rulemaking, including any analysis prepared ‘‘(1) except as otherwise provided, the defi- revenues or receipts; or issued pursuant to chapter 6. nitions under section 551 shall apply to this ‘‘(ii) a rule or agency action that imple- The agency shall place each of the foregoing subchapter; ments an international trade agreement to materials in the file as soon as practicable ‘‘(2) the term ‘benefit’ means the reason- which the United States is a party; after each such material becomes available ably identifiable significant favorable ef- ‘‘(iii) a rule or agency action that author- to the agency. fects, quantifiable and nonquantifiable, in- izes the introduction into commerce, or rec- ‘‘(k) CONFIDENTIAL TREATMENT.—The file cluding social, environmental, health, and ognizes the marketable status, of a product; required by subsection (j) need not include economic effects, that are expected to result ‘‘(iv) a rule exempt from notice and public any material described in section 552(b) if directly or indirectly from implementation procedure under section 553(a); the agency includes in the file a statement of a rule or other agency action; ‘‘(v) a rule or agency action relating to the that notes the existence of such material and ‘‘(3) the term ‘cost’ means the reasonably public debt; the basis upon which the material is exempt identifiable significant adverse effects, quan- ‘‘(vi) a rule required to be promulgated at from public disclosure under such section. tifiable and nonquantifiable, including so- least annually pursuant to statute, or that The agency may not substantially rely on cial, environmental, health, and economic provides relief, in whole or in part, from a any such material in formulating a rule un- effects that are expected to result directly or statutory prohibition, other than a rule pro- less it makes the substance of such material indirectly from implementation of a rule or mulgated pursuant to subtitle C of title II of available for adequate comment by inter- other agency action; the Solid Waste Disposal Act (42 U.S.C. 6921 ested persons. The agency may use sum- ‘‘(4) the term ‘cost-benefit analysis’ means et seq.); maries, aggregations of data, or other appro- an evaluation of the costs and benefits of a ‘‘(vii) a rule of particular applicability priate mechanisms to protect the confiden- rule, quantified to the extent feasible and ap- that approves or prescribes the future rates, tiality of such material to the maximum ex- propriate and otherwise qualitatively de- wages, prices, services, corporate or finan- tent possible. scribed, that is prepared in accordance with cial structures, reorganizations, mergers, ac- ‘‘(l) RULEMAKING PETITION.—(1) Each agen- the requirements of this subchapter at the quisitions, accounting practices, or disclo- cy shall give an interested person the right level of detail appropriate and practicable sures bearing on any of the foregoing; to petition— for reasoned decisionmaking on the matter ‘‘(viii) a rule relating to monetary policy ‘‘(A) for the issuance, amendment, or re- involved, taking into consideration the sig- or to the safety or soundness of federally in- peal of a rule; nificance and complexity of the decision and sured depository institutions or any affiliate ‘‘(B) for the amendment or repeal of an in- any need for expedition; of such an institution (as defined in section terpretive rule or general statement of pol- ‘‘(5) the term ‘major rule’ means— 2(k) of the Bank Holding Company Act of icy or guidance; and ‘‘(A) a rule or set of closely related rules 1956 (12 U.S.C. 1841(k))), credit unions, Fed- ‘‘(C) for an interpretation regarding the that the agency proposing the rule, the Di- eral Home Loan Banks, government spon- meaning of a rule, interpretive rule, general rector, or a designee of the President deter- sored housing enterprises, farm credit insti- statement of policy, or guidance. mines is likely to have a gross annual effect tutions, foreign banks that operate in the ‘‘(2) The agency shall grant or deny a peti- on the economy of $50,000,000 or more in rea- United States and their affiliates, branches, tion made pursuant to paragraph (1), and sonably quantifiable increased costs; or agencies, commercial lending companies, or give written notice of its determination to ‘‘(B) a rule that is otherwise designated a representative offices, (as those terms are the petitioner, with reasonable promptness, major rule by the agency proposing the rule, defined in section 1 of the International but in no event later than 18 months after the Director, or a designee of the President Banking Act of 1978 (12 U.S.C. 3101)); the petition was received by the agency. (and a designation or failure to designate ‘‘(ix) a rule relating to the payment system ‘‘(3) The written notice of the agency’s de- under this clause shall not be subject to judi- or the protection of deposit insurance funds termination shall include an explanation of cial review); or the farm credit insurance fund; the determination and a response to each ‘‘(6) the term ‘market-based mechanism’ ‘‘(x) any order issued in a rate or certifi- significant factual and legal claim that means a regulatory program that— cate proceeding by the Federal Energy Regu- forms the basis of the petition. ‘‘(A) imposes legal accountability for the latory Commission, or a rule of general ap- ‘‘(m) JUDICIAL REVIEW.—(1) The decision of achievement of an explicit regulatory objec- plicability that the Federal Energy Regu- an agency to use or not to use procedures in tive on each regulated person; latory Commission certifies would increase

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9544 CONGRESSIONAL RECORD — SENATE June 30, 1995 reliance on competitive market forces or re- planation of how the agency anticipates such and costs of a final rule pursuant to this sec- duce regulatory burdens; benefits will be achieved by the proposed tion in as precise and succinct a manner as ‘‘(xi) a rule or order relating to the finan- rule, including a description of the persons possible. cial responsibility of brokers and dealers or or classes of persons likely to receive such ‘‘(D) The agency evaluation of the relation- futures commission merchants, the safe- benefits; ship of benefits to costs shall be clearly ar- guarding of investor securities and funds or ‘‘(B) a succinct analysis of the costs of the ticulated. commodity future or options customer secu- proposed rule, including any costs that can- ‘‘(E) An agency shall not be required to rities and funds, the clearance and settle- not be quantified, and an explanation of how make such evaluation primarily on a mathe- ment of securities, futures, or options trans- the agency anticipates such costs will result matical or numerical basis. actions, or the suspension of trading under from the proposed rule, including a descrip- ‘‘(F) Nothing in this subsection shall be the Securities Exchange Act of 1934 (15 tion of the persons or classes of persons like- construed to expand agency authority be- U.S.C. 78a et seq.) or emergency action taken ly to bear such costs; yond the delegated authority arising from under the Commodity Exchange Act (7 ‘‘(C) a succinct description (including an the statute granting the rulemaking author- U.S.C. 1 et seq.), or a rule relating to the pro- analysis of the costs and benefits) of reason- ity. able alternatives for achieving the objectives tection of the Securities Investor Protection ‘‘(2) Where practicable and when under- of the statute, including, where such alter- Corporation, that is promulgated under the standing industry-by-industry effects is of natives exist, alternatives that— Securities Investor Protection Act of 1970 (15 central importance to a rulemaking, the de- ‘‘(i) require no government action, where U.S.C. 78aaa et seq.); or scription of the benefits and costs of a pro- the agency has discretion under the statute ‘‘(xii) a rule that involves the inter- posed and final rule required under this sec- granting the rulemaking authority not to national trade laws of the United States. tion shall describe such benefits and costs on promulgate a rule; ‘‘§ 622. Rulemaking cost-benefit analysis an industry by industry basis. ‘‘(ii) will accommodate differences among ‘‘(a) DETERMINATIONS FOR MAJOR RULE.— geographic regions and among persons with ‘‘(f) HEALTH, SAFETY, OR EMERGENCY EX- Prior to publishing a notice of proposed rule- differing levels of resources with which to EMPTION FROM COST-BENEFIT ANALYSIS.—(1) making for any rule (or, in the case of a no- comply; A major rule may be adopted and may be- tice of proposed rulemaking that has been ‘‘(iii) employ performance-based standards, come effective without prior compliance published but not issued as a final rule on or market-based mechanisms, or other flexible with this subchapter if— before the date of enactment of this sub- regulatory options that permit the greatest ‘‘(A) the agency for good cause finds that chapter, not later than 30 days after such flexibility in achieving the regulatory result conducting cost-benefit analysis is impracti- date of enactment), each agency shall deter- that the statutory provision authorizing the cable due to an emergency or health or safe- mine— rule is designed to produce; or ty threat that is likely to result in signifi- ‘‘(1) whether the rule is or is not a major ‘‘(iv) employ voluntary standards; cant harm to the public or natural resources; rule within the meaning of section ‘‘(D) in any case in which the proposed rule and 621(5)(A)(i) and, if it is not, whether it should is based on one or more scientific evalua- ‘‘(B) the agency publishes in the Federal be designated as a major rule under section tions, scientific information, or a risk as- Register, together with such finding, a suc- 621(5)(B); and sessment, or is subject to the risk assess- cinct statement of the basis for the finding. ‘‘(2) if the agency determines that the rule ment requirements of subchapter III, a de- ‘‘(2) Not later than 180 days after the pro- is a major rule, or otherwise designates it as scription of the actions undertaken by the mulgation of a final major rule to which this a major rule, whether the rule requires or agency to verify the quality, reliability, and section applies, the agency shall comply does not require the preparation of a risk as- relevance of such scientific evaluation, sci- with the provisions of this subchapter and, sessment under section 632(a). entific information, or risk assessment; and as thereafter necessary, revise the rule. ‘‘(b) DESIGNATION.—(1) If an agency has de- ‘‘(E) an explanation of how the proposed ‘‘§ 623. Agency regulatory review termined that a rule is not a major rule rule is likely to meet the decisional criteria within the meaning of section 621(5)(A) and of section 624. ‘‘(a) PRELIMINARY SCHEDULE FOR RULES.— has not designated the rule as a major rule ‘‘(d) FINAL COST-BENEFIT ANALYSIS.—(1) (1) Not later than 1 year after the date of the within the meaning of section 621(5)(B), the When the agency publishes a final major enactment of this section, and every 5 years Director or a designee of the President may, rule, the agency shall also issue and place in thereafter, the head of each agency shall as appropriate, determine that the rule is a the rulemaking file a final cost-benefit anal- publish in the Federal Register a notice of major rule or designate the rule as a major ysis, and shall include a summary of the proposed rulemaking under section 553 that rule not later than 30 days after the publica- analysis in the statement of basis and pur- contains a preliminary schedule of rules se- tion of the notice of proposed rulemaking for pose. lected for review under this section by the the rule (or, in the case of a notice of pro- ‘‘(2) Each final cost-benefit analysis shall head of the agency and in the sole discretion posed rulemaking that has been published on contain— of the head of the agency, and request public or before the date of enactment of this sub- ‘‘(A) a description and comparison of the comment thereon, including suggestions for chapter, not later than 1 year after such date benefits and costs of the rule and of the rea- additional rules warranting review. The of enactment). sonable alternatives to the rule described in agency shall allow at least 180 days for pub- ‘‘(2) Such determination or designation the rulemaking record, including flexible lic comment. shall be published in the Federal Register, regulatory options of the type described in ‘‘(2) In selecting rules for the preliminary together with a succinct statement of the subsection (c)(2)(C)(iii), and a description of schedule, the head of the agency shall con- basis for the determination or designation. the persons likely to receive such benefits sider the extent to which, in the judgment of ‘‘(c) INITIAL COST-BENEFIT ANALYSIS.— and bear such costs; and the head of the agency— (1)(A) When the agency publishes a notice of ‘‘(B) an analysis, based upon the rule- ‘‘(A) a rule is unnecessary, and the agency proposed rulemaking for a major rule, the making record considered as a whole, of how has discretion under the statute authorizing agency shall issue and place in the rule- the rule meets the decisional criteria in sec- the rule to repeal the rule; making file an initial cost-benefit analysis, tion 624. ‘‘(B) a rule would not meet the decisional ‘‘(3) In considering the benefits and costs, and shall include a summary of such analysis criteria of section 624, and the agency has the agency, when appropriate, shall consider in the notice of proposed rulemaking. discretion under the statute authorizing the the benefits and costs incurred by all of the ‘‘(B)(i) When an agency, the Director, or a rule to repeal the rule; or affected persons or classes of persons (includ- designee of the President has published a de- ‘‘(C) a rule could be revised in a manner al- ing specially affected subgroups). lowed by the statute authorizing the rule so termination or designation that a rule is a ‘‘(e) REQUIREMENTS FOR COST-BENEFIT as to— major rule after the publication of the notice ANALYSES.—(1)(A) The description of the ‘‘(i) substantially decrease costs; of proposed rulemaking for the rule, the benefits and costs of a proposed and a final ‘‘(ii) substantially increase benefits; or agency shall promptly issue and place in the rule required under this section shall in- rulemaking file an initial cost-benefit anal- clude, to the extent feasible, a quantification ‘‘(iii) provide greater flexibility for regu- ysis for the rule and shall publish in the Fed- or numerical estimate of the quantifiable lated entities, through mechanisms includ- eral Register a summary of such analysis. benefits and costs. ing, but not limited to, those listed in sec- ‘‘(ii) Following the issuance of an initial ‘‘(B) The quantification or numerical esti- tion 622(c)(2)(C)(iii). cost-benefit analysis under clause (i), the mate shall— ‘‘(3) The preliminary schedule under this agency shall give interested persons an op- ‘‘(i) be made in the most appropriate unit subsection shall propose deadlines for review portunity to comment in the same manner of measurement, using comparable assump- of each rule listed thereon, and such dead- as if the initial cost-benefit analysis had tions, including time periods; lines shall occur not later than 11 years from been issued with the notice of proposed rule- ‘‘(ii) specify the ranges of predictions; and the date of publication of the preliminary making. ‘‘(iii) explain the margins of error involved schedule. ‘‘(2) Each initial cost-benefit analysis shall in the quantification methods and the uncer- ‘‘(4) Any interpretive rule, general state- contain— tainties and variabilities in the estimates ment of policy, or guidance that has the ‘‘(A) a succinct analysis of the benefits of used. force and effect of a rule under section 621(9) the proposed rule, including any beneficial ‘‘(C) An agency shall describe the nature shall be treated as a rule for purposes of this effects that cannot be quantified, and an ex- and extent of the nonquantifiable benefits section.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9545

‘‘(b) SCHEDULE.—(1) Not later than 1 year ‘‘(3) the resources expected to be available tains findings necessary to satisfy the after publication of a preliminary schedule to the agency under subsection (f) to carry decisional criteria of section 624; and under subsection (a), and subject to sub- out the reviews under this section. ‘‘(iv) if the agency determines to amend section (c), the head of each agency shall ‘‘(e) JUDICIAL REVIEW.—(1) Notwith- the rule, contains a notice of proposed rule- publish a final rule that establishes a sched- standing section 625 and except as provided making under section 553. ule of rules to be reviewed by the agency otherwise in this subsection, agency compli- ‘‘(2) If the final determination of the agen- under this section. ance or noncompliance with the require- cy is to continue or repeal the rule, that de- ‘‘(2) The schedule shall establish a deadline ments of this section shall be subject to judi- termination shall take effect 60 days after for completion of the review of each rule cial review in accordance with section 706 of the publication in the Federal Register of listed on the schedule, taking into account this title. the notice in paragraph (1)(C). the criteria in subsection (d) and comments ‘‘(2) The United States Court of Appeals for ‘‘(3) An interested party may petition the received in the rulemaking under subsection the District of Columbia Circuit shall have U.S. Court of Appeals for the District of Co- (a). Each such deadline shall occur not later exclusive jurisdiction to review agency ac- lumbia Circuit to extend the period for re- than 11 years from the date of publication of tion pursuant to subsections (a), (b), and (c). view of a rule on the schedule for up to two the preliminary schedule. ‘‘(3) A petition for review of final agency years and to grant such equitable relief as is ‘‘(3) The schedule shall contain, at a min- action under subsection (b) or subsection (c) appropriate, if such petition establishes imum, all rules listed on the preliminary shall be filed not later than 60 days after the that— schedule. agency publishes the final rule under sub- ‘‘(A) the rule is likely to terminate under ‘‘(4) The head of the agency shall modify section (b). subsection (i); the agency’s schedule under this section to ‘‘(4) The court upon review, for good cause ‘‘(B) the agency needs additional time to shown, may extend the 3-year deadline under reflect any change ordered by the court complete the review under this subsection; subsection (c)(2) for a period not to exceed 1 under subsection (e) or subsection (g)(3) or ‘‘(C) terminating the rule would not be in additional year. contained in an appropriations Act under ‘‘(5) The court shall remand to the agency the public interest; and subsection (f). any schedule under subsection (b) only if ‘‘(D) the agency has not expeditiously com- ‘‘(c) PETITIONS AND COMMENTS PROPOSING final agency action under subsection (b) is pleted its review. DDITION OF ULES TO THE CHEDULE ‘‘(h) DEADLINE FOR FINAL AGENCY ACTION A R S .—(1) arbitrary or capricious. Agency action under ON MODIFIED RULE.—If an agency makes a Notwithstanding section 553(l), a petition to subsection (d) shall not be subject to judicial amend or repeal a major rule or an interpre- review. determination to amend a major rule under tative rule, general statement of policy, or ‘‘(f) ANNUAL BUDGET.—(1) The President’s subsection (g)(1)(C)(ii), the agency shall com- guidance on grounds arising under this sub- annual budget proposal submitted under sec- plete final agency action with regard to such chapter may only be filed during the 180-day tion 1105(a) of title 31 for each agency subject rule not later than 2 years of the date of pub- comment period under subsection (a) and not to this section shall— lication of the notice in subsection (g)(1)(C) at any other time. Such petition shall be re- ‘‘(A) identify as a separate sum the amount containing such determination. Nothing in viewed only in accordance with this sub- requested to be appropriated for implemen- this subsection shall limit the discretion of section. tation of this section during the upcoming an agency to decide, after having proposed to ‘‘(2) The head of the agency shall, in re- fiscal year; and modify a major rule, not to promulgate such sponse to petitions received during the rule- ‘‘(B) include a list of rules which may ter- modification. Such decision shall constitute making to establish the schedule, place on minate during the year for which the budget final agency action for the purposes of judi- the final schedule for the completion of re- proposal is made. cial review. view within the first 3 years of the schedule ‘‘(2) Amendments to the schedule under ‘‘(i) TERMINATION OF RULES.—If the head of any rule for which a petition, on its face, to- subsection (b) that change a deadline for rean agency has not completed the review of a gether with any relevant comments received view of a rule may be included in annual ap- rule by the deadline established in the sched- in the rulemaking under subsection (a), es- propriations Acts for the relevant agencies. ule published or modified pursuant to sub- tablishes that there is a substantial likeli- An authorizing committee with jurisdiction section (b) and subsection (c), the head of the hood that, considering the future impact of may submit, to the House of Representatives agency shall not enforce the rule, and the the rule— or Senate appropriations committee (as the rule shall terminate by operation of law as of ‘‘(A) the rule is a major rule under section case may be), amendments to the schedule such date. 621(5)(A); and published by an agency under subsection (b) ‘‘(j) FINAL AGENCY ACTION.—(1) The final (B) the head of the agency would not be that change a deadline for review of a rule. determination of an agency to continue or able to make the findings required by section The appropriations committee to which such repeal a major rule under subsection (g)(1)(C) 624 with respect to the rule. amendments have been submitted shall in- shall be considered final agency action. ‘‘(3) For the purposes of paragraph (2), the clude or propose the amendments in the an- ‘‘(2) Failure to promulgate an amended head of the agency may consolidate multiple nual appropriations Act for the relevant major rule or to make other decisions re- petitions on the same rule into 1 determina- agency. Each agency shall modify its sched- quired by subsection (h) by the date estab- tion with respect to review of the rule. ule under subsection (b) to reflect such lished under such subsection shall be consid- ‘‘(4) The head of the agency may, at the amendments that are enacted into law. ered final agency action. sole discretion of the head of the agency, add ‘‘(g) REVIEW OF RULE.—(1) For each rule on ‘‘§ 624. Decisional criteria to the schedule any other rule suggested by the schedule under subsection (b), the agency ‘‘(a) CONSTRUCTION WITH OTHER LAWS.—The a commentator during the rulemaking under shall— requirements of this section shall supple- subsection (a). ‘‘(A) not later than 2 years before the dead- ment, and not supersede, any other ‘‘(d) CRITERIA FOR ESTABLISHING DEADLINES line in such schedule, publish in the Federal decisional criteria otherwise provided by FOR REVIEW.—The schedules in subsections Register a notice that solicits public com- law. (a) and (b) shall establish deadlines for re- ment regarding whether the rule should be ‘‘(b) REQUIREMENTS.—Except as provided in view of each rule on the schedule that take continued, amended, or repealed; subsection (c), no final major rule subject to into account— ‘‘(B) not later than 1 year before the dead- this subchapter shall be promulgated unless ‘‘(1) the extent to which, for a particular line in such schedule, publish in the Federal the agency head publishes in the Federal rule, the preliminary views of the agency are Register a notice that— Register a finding that— that— ‘‘(i) addresses public comments generated ‘‘(1) the benefits from the rule justify the ‘‘(A) the rule is unnecessary, and the agen- by the notice in subparagraph (A); costs of the rule; cy has discretion under the statute author- ‘‘(ii) contains a preliminary analysis pro- ‘‘(2) the rule employs to the extent prac- izing the rule to repeal the rule; vided by the agency of whether the rule is a ticable flexible reasonable alternatives of ‘‘(B) the rule would not meet the decisional major rule, and if so, whether it satisfies the the type described in section 622(c)(2)(C)(iii); criteria of section 624, and the agency has decisional criteria of section 624; and discretion under the statute authorizing the ‘‘(iii) contains a preliminary determina- ‘‘(3)(A) the rule adopts the least cost alter- rule to repeal the rule; or tion as to whether the rule should be contin- native of the reasonable alternatives that ‘‘(C) the rule could be revised in a manner ued, amended, or repealed; and achieve the objectives of the statute; or allowed by the statute authorizing the rule ‘‘(iv) solicits public comment on the pre- ‘‘(B) if scientific, technical, or economic so as to meet the decisional criteria under liminary determination for the rule; and uncertainties or nonquantifiable benefits to section 624 and to— ‘‘(C) not later than 60 days before the dead- health, safety, or the environment identified ‘‘(i) substantially decrease costs; line in such schedule, publish in the Federal by the agency in the rulemaking record ‘‘(ii) substantially increase benefits; or Register a final notice on the rule that— make a more costly alternative that ‘‘(iii) provide greater flexibility for regu- ‘‘(i) addresses public comments generated achieves the objectives of the statute appro- lated entities, through mechanisms includ- by the notice in subparagraph (B); and priate and in the public interest and the ing, but not limited to, those listed in sec- ‘‘(ii) contains a final determination of agency head provides an explanation of those tion 622(c)(2)(C)(iii); whether to continue, amend, or repeal the considerations, the rule adopts the least cost ‘‘(2) the importance of each rule relative to rule; and alternative of the reasonable alternatives other rules being reviewed under this sec- ‘‘(iii) if the agency determines to continue necessary to take into account such uncer- tion; and the rule and the rule is a major rule, con- tainties or benefits; and

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9546 CONGRESSIONAL RECORD — SENATE June 30, 1995 ‘‘(4) if a risk assessment is required by sec- with this subchapter or subchapter III may mental Response, Compensation, and Liabil- tion 632— be considered by the court solely for the purity Act of 1980 (42 U.S.C. 9601 et seq.); ‘‘(A) the rule is likely to significantly re- pose of determining whether the final agency ‘‘(3) the treatment, storage, or disposal of duce the human health, safety, and environ- action is arbitrary and capricious or an radioactive or mixed waste in connection mental risks to be addressed; or abuse of discretion (or unsupported by sub- with site restoration activity; and ‘‘(B) if scientific, technical, or economic stantial evidence where that standard is oth- ‘‘(4) Federal guidelines for the conduct of uncertainties or nonquantifiable benefits to erwise provided by law). such activity, including site-specific guide- health, safety, or the environment, preclude ‘‘(e) INTERLOCUTORY REVIEW.—(1) The lines, United States Court of Appeals for the Dis- making the finding under subparagraph (A), the expected costs, expenses, and damages of trict of Columbia Circuit shall have jurisdic- promulgating the final rule is nevertheless which are likely to exceed, in the aggregate, tion to review— justified for reasons stated in writing accom- $10,000,000. panying the rule and consistent with sub- ‘‘(A) an agency determination that a rule is not a major rule pursuant to section ‘‘(b) APPLICABILITY.—A major environ- chapter III. mental management activity is subject to ‘‘(c) ALTERNATIVE REQUIREMENTS.—If, ap- 622(a); and ‘‘(B) an agency determination that a risk this section unless construction has complying the statutory requirements upon menced on a significant portion of the activ- which the rule is based, a rule cannot satisfy assessment is not required pursuant to section 632(a). ity, and— the criteria of subsection (b), the agency ‘‘(1) it is more cost-effective to complete head may promulgate the rule if the agency ‘‘(2) A petition for review of agency action under paragraph (1) shall be filed within 60 construction of the work than to apply the head finds that— provisions of this subchapter; or ‘‘(1) the rule employs to the extent prac- days after the agency makes the determination or certification for which review is ‘‘(2) the application of the provisions of ticable flexible reasonable alternatives of this subchapter, including any delays caused the type described in section 622(c)(2)(C)(iii); sought. ‘‘(3) Except as provided in this subsection, thereby, will result in an actual and imme- ‘‘(2)(A) the rule adopts the least cost alter- diate risk to human health or welfare. native of the reasonable alternatives that no court shall have jurisdiction to review ‘‘(c) REQUIREMENT TO PREPARE RISK AS- achieve the objectives of the statute; or any agency determination or certification SESSMENT.—(1) For each major environ- ‘‘(B) if scientific, technical, or economic specified in paragraph (1). mental management activity or significant uncertainties or nonquantifiable benefits to ‘‘§ 626. Deadlines for rulemaking unit thereof that is proposed by the agency health, safety, or the environment identified ‘‘(a) STATUTORY.—All deadlines in statutes after the date of enactment of this sub- by the agency in the rulemaking record that require agencies to propose or promul- chapter, is pending on the date of enactment make a more costly alternative that gate any rule subject to section 622 or sub- of this subchapter, or is subject to a granted achieves the objectives of the statute appro- chapter III during the 5-year period begin- petition for review pursuant to section 623, priate and in the public interest, and the ning on the effective date of this section the head of an agency shall prepare— agency head provides an explanation of those shall be suspended until the earlier of— ‘‘(A) a risk assessment in accordance with consideration, the rule adopts the least cost ‘‘(1) the date on which the requirements of subchapter III; and alternative of the reasonable alternatives section 622 or subchapter III are satisfied; or ‘‘(B) a cost-benefit analysis equivalent to necessary to take into account such uncer- ‘‘(2) the date occurring 2 years after the that which would be required under this sub- tainties or benefits; and date of the applicable deadline. chapter, if such subchapter were applicable. ‘‘(3) if a risk assessment is required by sec- ‘‘(b) COURT-ORDERED.—All deadlines im- ‘‘(2) In conducting a risk assessment or tion 632— posed by any court of the United States that cost-benefit analysis under this section, the ‘‘(A) the rule is likely to significantly re- would require an agency to propose or pro- head of the agency shall incorporate the rea- duce the human health, safety, and environ- mulgate a rule subject to section 622 or sub- sonably anticipated probable future use of mental risks to be addressed; or chapter III during the 5-year period begin- the land and its surroundings (and any asso- ‘‘(B) if scientific, technical, or economic ning on the effective date of this section ciated media and resources of either) af- uncertainties or nonquantifiable benefits to shall be suspended until the earlier of— fected by the environmental management health, safety, or the environment, preclude ‘‘(1) the date on which the requirements of activity. making the finding under subparagraph (A), section 622 or subchapter III are satisfied; or promulgating the final rule is nevertheless ‘‘(2) the date occurring 2 years after the ‘‘(3) For actions pending on the date of en- justified for reasons stated in writing accom- date of the applicable deadline. actment of this section or proposed during panying the rule and consistent with sub- ‘‘(c) OBLIGATION TO REGULATE.—In any the year following the date of enactment of chapter III. case in which the failure to promulgate a this section, in lieu of preparing a risk assessment in accordance with subchapter III ‘‘(d) PUBLICATION OF REASONS FOR NON- rule by a deadline occurring during the 5- or cost-benefit analysis under this sub- COMPLIANCE.—If an agency promulgates a year period beginning on the effective date rule to which subsection (c) applies, the of this section would create an obligation to chapter, an agency may use other appro- agency head shall prepare a written expla- regulate through individual adjudications, priately developed analyses that allow it to nation of why the agency was required to the deadline shall be suspended until the ear- make the judgments required under sub- promulgate a rule that does not satisfy the lier of— section (d). criteria of subsection (b) and shall transmit ‘‘(1) the date on which the requirements of ‘‘(d) REQUIREMENT.—The requirements of the explanation with the final cost-benefit section 622 or subchapter III are satisfied; or this subsection shall supplement, and not su- analysis to Congress when the final rule is ‘‘(2) the date occurring 2 years after the persede, any other requirement provided by promulgated. date of the applicable deadline. any law. A major environmental management activity under this section shall meet ‘‘§ 625. Jurisdiction and judicial review ‘‘§ 627. Special rule ‘‘Notwithstanding any other provision of the decisional criteria under section 624 as if ‘‘(a) REVIEW.—Compliance or noncompli- it is a major rule under such section. ance by an agency with the provisions of this the Comprehensive Regulatory Reform Act subchapter and subchapter III shall be sub- of 1995, or the amendments made by such ‘‘§ 629. Petition for alternative method of com- ject to judicial review only in accordance Act, for purposes of this subchapter and sub- pliance with this section. chapter IV, the head of each appropriate ‘‘(a) Except as provided in subsection (e), Federal banking agency (as defined in sec- ‘‘(b) JURISDICTION.—(1) Except as provided or unless prohibited by the statute author- in subsection (e), subject to paragraph (2), tion 3(q) of the Federal Deposit Insurance izing the rule, any person subject to a major each court with jurisdiction under a statute Act), the National Credit Union Administra- rule may petition the relevant agency to to review final agency action to which this tion, the Federal Housing Finance Board, the modify or waive the specific requirements of title applies, has jurisdiction to review any Office of Federal Housing Enterprise Over- the major rule (or any portion thereof) and claims of noncompliance with this sub- sight, and the Farm Credit Administration, to authorize such person to demonstrate chapter and subchapter III. shall have authority with respect to such compliance through alternative means not ‘‘(2) Except as provided in subsection (e), agency that otherwise would be provided otherwise permitted by the major rule. The no claims of noncompliance with this sub- under such subchapters to the Director, a petition shall identify with reasonable speci- chapter or subchapter III shall be reviewed designee of the President, Vice President, or ficity the requirements for which the waiver separate or apart from judicial review of the any officer designated or delegated with au- is sought and the alternative means of com- final agency action to which they relate. thority under such subchapters. pliance being proposed. ‘‘(c) RECORD.—Any analysis or review re- ‘‘§ 628. Requirements for major environ- ‘‘(b) The agency shall grant the petition if quired under this subchapter or subchapter mental management activities the petition shows that there is a reasonable III shall constitute part of the rulemaking ‘‘(a) DEFINITION.—For purposes of this sec- likelihood that the proposed alternative record of the final agency action to which it tion, the term ‘major environmental man- means of compliance— pertains for the purposes of judicial review. agement activity’ means— ‘‘(1) would achieve the identified benefits ‘‘(d) STANDARDS FOR REVIEW.—In any pro- ‘‘(1) a corrective action requirement under of the major rule with at least an equivalent ceeding involving judicial review under sec- the Solid Waste Disposal Act; level of protection of health, safety, and the tion 706 or under the statute granting the ‘‘(2) a response action or damage assess- environment as would be provided by the rulemaking authority, failure to comply ment under the Comprehensive Environ- major rule; and

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9547 ‘‘(2) would not impose an undue burden on each agency shall prepare a risk assessment ‘‘(4) In conducting a risk assessment, the the agency that would be responsible for en- in accordance with this subchapter. head of each agency shall employ the level of forcing such alternative means of compli- ‘‘(b) APPLICATION OF PRINCIPLES.—(1) Ex- detail and rigor considered by the agency as ance. cept as provided in subsection (c), the head appropriate and practicable for reasoned de- ‘‘(c) A decision to grant or to deny a peti- of each agency shall apply the principles in cisionmaking in the matter involved, proportion under this subsection shall be made not this subchapter to any risk assessment con- tionate to the significance and complexity of later than 180 days after the petition is sub- ducted to support a determination by the the potential agency action and the need for mitted, but in no event shall agency action agency of risk to human health, safety, or expedition. taken pursuant to this section be subject to the environment, if such determination ‘‘(5) An agency shall not be required to re- judicial review. would be likely to have an effect on the peat discussions or explanations in each risk ‘‘(d) Following a decision to grant or deny United States economy equivalent to that of assessment required under this subchapter if a petition under this section, no further peti- a major rule. there is an unambiguous reference to a rel- tion for such rule, submitted by the same ‘‘(2) In applying the principles of this sub- evant discussion or explanation in another person, shall be granted unless such petition chapter to risk assessments other than those reasonably available agency document that pertains to a different facility or installation in subsections (a), (b)(1), and (c), the head of was prepared consistent with this section. owned or operated by such person or unless each agency shall publish, after notice and ‘‘(b) ITERATIVE PROCESS.—(1) Each agency such petition is based on a significant public comment, guidelines for the conduct shall develop and use an iterative process for change in a fact, circumstance, or provision of such other risk assessments that adapt risk assessment, starting with relatively in- of law underlying or otherwise related to the the principles of this subchapter in a manner expensive screening analyses and progressing rule occurring since the initial petition was consistent with section 633(a)(4) and the risk to more rigorous analyses, as circumstances granted or denied, that warrants the grant- assessment and risk management needs of or results warrant. ‘‘(2) In determining whether or not to pro- ing of such petition. the agency. ceed to a more detailed analysis, the head of ‘‘(e) If the statute authorizing the rule ‘‘(3) An agency shall not, as a condition for the agency shall take into consideration which is the subject of the petition provides the issuance or modification of a permit, whether or not use of additional data or the conduct, or require any person to conduct, a procedures or standards for an alternative analysis thereof would significantly change risk assessment, except if the agency finds method of compliance the petition shall be the estimate of risk and the resulting agency that the risk assessment meets the require- reviewed solely under the terms of the stat- action. ments of section 633 (a) through (f). ute. ‘‘(c) DATA QUALITY.—(1) The head of each ‘‘SUBCHAPTER III—RISK ASSESSMENTS ‘‘(c) EXCEPTIONS.—(1) This subchapter shall agency shall base each risk assessment only not apply to risk assessments performed ‘‘§ 631. Definitions on the best reasonably available scientific with respect to— data and scientific understanding, including ‘‘For purposes of this subchapter— ‘‘(A) a situation for which the agency finds scientific information that finds or fails to ‘‘(1) except as otherwise provided, the defi- good cause that conducting a risk assess- find a correlation between a potential hazard nitions under section 551 shall apply to this ment is impracticable due to an emergency and an adverse effect, and data regarding ex- subchapter; or health and safety threat that is likely to posure and other relevant physical condi- ‘‘(2) the term ‘exposure assessment’ means result in significant harm to the public or tions that are reasonably expected to be en- the scientific determination of the intensity, natural resources; countered. frequency and duration of actual or potential ‘‘(B) a rule or agency action that author- ‘‘(2) The agency shall select data for use in exposures to the hazard in question; izes the introduction into commerce, or ini- a risk assessment based on a reasoned anal- ‘‘(3) the term ‘hazard assessment’ means tiation of manufacture, of a substance, mix- ysis of the quality and relevance of the data, the scientific determination of whether a ture, or product, or recognizes the market- and shall describe such analysis. hazard can cause an increased incidence of able status of a product; ‘‘(3) In making its selection of data, the one or more significant adverse effects, and a ‘‘(C) a human health, safety, or environ- agency shall consider whether the data were scientific evaluation of the relationship be- mental inspection, an action enforcing a published in the peer-reviewed scientific lit- tween the degree of exposure to a perceived statutory provision, rule, or permit, or an in- erature, or developed in accordance with cause of an adverse effect and the incidence dividual facility or site permitting action, good laboratory practice or published or and severity of the effect; except to the extent provided by subsection other appropriate protocols to ensure data ‘‘(4) the term ‘major rule’ has the meaning (b)(3); quality, such as the standards for the devel- given such term in section 621(5); ‘‘(D) a screening analysis clearly identified opment of test data promulgated pursuant to ‘‘(5) the term ‘risk assessment’ means the as such; or section 4 of the Toxic Substances Control systematic process of organizing and ana- ‘‘(E) product registrations, reregistrations, Act (15 U.S.C. 2603), and the standards for lyzing scientific knowledge and information tolerance settings, and reviews of data requirements promulgated pursuant to on potential hazards, including as appro- premanufacture notices under the Federal section 3 of the Federal Insecticide, Fun- priate for the specific risk involved, hazard Insecticide, Fungicide, and Rodenticide Act gicide, and Rodenticide Act (7 U.S.C. 136a), assessment, exposure assessment, and risk (7 U.S.C. 136 et seq.) and the Toxic Sub- or other form of independent evaluation. characterization; stances Control Act (15 U.S.C. 2601 et seq.). ‘‘(4) Subject to paragraph (3), relevant sci- ‘‘(6) the term ‘risk characterization’ means ‘‘(2) An analysis shall not be treated as a entific data submitted by interested parties the integration and organization of hazard screening analysis for the purposes of para- shall be reviewed and considered by the and exposure assessment to estimate the po- graph (1)(D) if the result of the analysis is agency in the analysis under paragraph (2). tential for specific harm to an exposed popu- used— ‘‘(5) When conflicts among scientific data lation or natural resource including, to the ‘‘(A) as the basis for imposing a restriction appear to exist, the risk assessment shall in- extent feasible, a characterization of the dis- on a previously authorized substance, prod- clude a discussion of all relevant informa- tribution of risk as well as an analysis of un- uct, or activity after its initial introduction tion including the likelihood of alternative certainties, variabilities, conflicting infor- into manufacture or commerce; or interpretations of the data and empha- mation, and inferences and assumptions in ‘‘(B) as the basis for a formal determina- sizing— the assessment; tion by the agency of significant risk from a ‘‘(A) postulates that represent the most ‘‘(7) the term ‘screening analysis’ means an substance or activity. reasonable inferences from the supporting analysis using simple conservative postu- ‘‘(3) This subchapter shall not apply to any scientific data; and lates to arrive at an estimate of upper food, drug, or other product label or labeling, ‘‘(B) when a risk assessment involves an bounds as appropriate, that permits the or to any risk characterization appearing on extrapolation from toxicological studies, manager to eliminate risks from further con- any such label. data with the greatest scientific basis of support for the resulting harm to affected indi- sideration and analysis, or to help establish ‘‘§ 633. Principles for risk assessments priorities for agency action; and viduals, populations, or resources. ‘‘(a) IN GENERAL.—(1) The head of each ‘‘(8) the term ‘substitution risk’ means an ‘‘(6) The head of an agency shall not auto- agency shall design and conduct risk assess- increased risk to human health, safety, or matically incorporate or adopt any rec- ments in a manner that promotes rational the environment reasonably likely to result ommendation or classification made by any and informed risk management decisions and from a regulatory option. foreign government, the United Nations, any informed public input into the process of international governmental body or stand- ‘‘§ 632. Applicability making agency decisions. ards-making organization, concerning the ‘‘(a) IN GENERAL.—Except as provided in ‘‘(2) The head of each agency shall estab- health effects value of a substance, except as subsection (c), for each proposed and final lish and maintain a distinction between risk provided in paragraph (2) of this subsection. major rule, a primary purpose of which is to assessment and risk management. Nothing in this paragraph shall be construed protect human health, safety, or the envi- ‘‘(3) An agency may take into account pri- to affect the implementation or application ronment, or a consequence of which is a sub- orities for managing risks, including the of any treaty or international trade agree- stantial substitution risk, that is proposed types of information that would be impor- ment to which the United States is a party. by an agency after the date of enactment of tant in evaluating a full range of alter- ‘‘(d) USE OF POLICY JUDGMENTS.—(1) An this subchapter, or is pending on the date of natives, in developing priorities for risk as- agency shall not use policy judgments, in- enactment of this subchapter, the head of sessment activities. cluding default assumptions, inferences,

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9548 CONGRESSIONAL RECORD — SENATE June 30, 1995 models or safety factors, when relevant and this section of any risk assessment subject ‘‘(B) the risk assessment that is the sub- adequate scientific data and scientific under- to the requirements of this subchapter that ject of the petition does not take into ac- standing, including site-specific data, are forms that basis of any major rule or a major count material significant new scientific available. The agency shall modify or de- environmental management activity. data and scientific understanding; crease the use of policy judgments to the ex- ‘‘(2) Each agency shall develop a system- ‘‘(2) the risk assessment that is the subject tent that higher quality scientific data and atic program for balanced, independent, and of the petition contains significantly dif- understanding become available. external peer review that— ferent results than if it had been properly ‘‘(2) When a risk assessment involves ‘‘(A) shall provide for the creation or utili- conducted pursuant to subchapter III; and choice of a policy judgment, the head of the zation of peer review panels, expert bodies, ‘‘(3) a revised risk assessment will provide agency shall— or other formal or informal devices that are the basis for reevaluating an agency deter- ‘‘(A) identify the policy judgment and its balanced and comprised of participants se- mination of risk, and such determination scientific or policy basis, including the ex- lected on the basis of their expertise relevant currently has an effect on the United States tent to which the policy judgment has been to the sciences involved in regulatory deci- economy equivalent to that of major rule. validated by, or conflicts with, empirical sions and who are independent of the agency ‘‘(d) A decision to grant, or final action to data; program that developed the risk assessment deny, a petition under this subsection shall ‘‘(B) explain the basis for any choices being reviewed; be made not later than 180 days after the pe- among policy judgments; and ‘‘(B) shall not exclude any person with sub- tition is submitted. ‘‘(C) describe reasonable alternative policy stantial and relevant expertise as a partici- ‘‘(e) If the agency grants the petition, it judgments that were not selected by the pant on the basis that such person has a po- shall complete its review of the risk assess- agency for use in the risk assessment, and tential interest in the outcome, if such inter- ment not later than 1 year after its decision the sensitivity of the conclusions of the risk est is fully disclosed to the agency, and the to grant the petition. If the agency revises assessment to the alternatives, and the ra- agency includes such disclosure as part of the risk assessment, in response to its re- tionale for not using such alternatives. the record, unless the result of the review view, it shall do so in accordance with sec- ‘‘(3) An agency shall not inappropriately would have a direct and predictable effect on tion 633. combine or compound multiple policy judg- a substantial financial interest of such per- ‘‘§ 635. Comprehensive risk reduction ments. son; ‘‘(a) SETTING PRIORITIES.—The head of each ‘‘(4) The agency shall, subject to notice and ‘‘(C) shall provide for a timely completed agency with programs to protect human opportunity for public comment, develop and peer review, meeting agency deadlines, that health, safety, or the environment shall set publish guidelines describing the agency’s contains a balanced presentation of all con- priorities for the use of resources available default policy judgments and how they were siderations, including minority reports and to address those risks to human health, safe- chosen, and guidelines for deciding when and agency response to all significant peer re- ty, and the environment, with the goal of how, in a specific risk assessment, to adopt view comments; and achieving the greatest overall net reduction alternative policy judgments or to use avail- ‘‘(D) shall provide adequate protections for in risks with the public and private sector able scientific information in place of a pol- confidential business information and trade resources expended. icy judgment. secrets, including requiring panel members ‘‘(b) INCORPORATING RISK-BASED PRIORITIES ‘‘(e) RISK CHARACTERIZATION.—In each risk to enter into confidentiality agreements. INTO BUDGET AND PLANNING.—The head of assessment, the agency shall include in the ‘‘(3) Each peer review shall include a report each agency in subsection (a) shall incor- risk characterization, as appropriate, each of to the Federal agency concerned detailing porate the priorities identified under sub- the following: the scientific and technical merit of data section (a) into the agency budget, strategic ‘‘(1) A description of the hazard of concern. and the methods used for the risk assess- planning, regulatory agenda, enforcement, ‘‘(2) A description of the populations or ment, and shall identify significant peer re- and research activities. When submitting its natural resources that are the subject of the view comments. Each agency shall provide a budget request to Congress and when an- risk assessment. written response to all significant peer re- nouncing its regulatory agenda in the Fed- ‘‘(3) An explanation of the exposure sce- view comments. All peer review comments, eral Register, each covered agency shall narios used in the risk assessment, including conclusions, composition of the panels, and identify the risks that the covered agency an estimate of the corresponding population the agency’s responses shall be made avail- head has determined are the most serious at risk and the likelihood of such exposure able to the public and shall be made part of and can be addressed in a cost-effective man- scenarios. the administrative record for purposes of ju- ner using the priorities set under subsection ‘‘(4) A description of the nature and sever- dicial review of any final agency action. (a), the basis for that determination, and ex- ity of the harm that could plausibly occur. ‘‘(4)(A) The Director of the Office of plicitly identify how the agency’s requested ‘‘(5) A description of the major uncertain- Science and Technology Policy shall develop budget and regulatory agenda reflect those ties in each component of the risk assess- a systematic program to oversee the use and priorities. ‘‘(c) REPORTS BY THE NATIONAL ACADEMY OF ment and their influence on the results of quality of peer review of risk assessments. SCIENCES.—(1) Not later than 6 months after the assessment. ‘‘(B) The Director or the designee of the the date of enactment of this section, the Di- ‘‘(f) PRESENTATION OF RISK ASSESSMENT President may order an agency to conduct rector of the Office of Science and Tech- CONCLUSIONS.—(1) To the extent feasible and peer review for any risk assessment or cost- nology Policy shall enter into an arrange- scientifically appropriate, the head of an benefit analysis that is likely to have a sig- ment with the National Academy of Sciences agency shall— nificant impact on public policy decisions, or to investigate and report on comparative ‘‘(A) express the overall estimate of risk as that would establish an important precedent. a range or probability distribution that re- ‘‘(5) The proceedings of peer review panels risk analysis. The arrangement shall pro- flects variabilities, uncertainties and data under this section shall not be subject to the vide, to the extent feasible, for— gaps in the analysis; Federal Advisory Committee Act. ‘‘(A) 1 or more reports evaluating methods of comparative risk analysis that would be ‘‘(B) provide the range and distribution of ‘‘(h) PUBLIC PARTICIPATION.—The head of risks and the corresponding exposure sce- each agency shall provide appropriate oppor- appropriate for agency programs related to narios, identifying the reasonably expected tunities for public participation and com- human health, safety, and the environment risk to the general population and, where ap- ment on risk assessments. to use in setting priorities for activities; and propriate, to more highly exposed or sen- ‘‘(B) a report providing a comprehensive sitive subpopulations; and ‘‘§ 634. Petition for review of a major free- and comparative analysis of the risks to ‘‘(C) where quantitative estimates of the standing risk assessment human health, safety, and the environment range and distribution of risk estimates are ‘‘(a) Any interested person may petition an that are addressed by agency programs to not available, describe the qualitative fac- agency to conduct a scientific review of a protect human health, safety, and the envi- tors influencing the range of possible risks. risk assessment conducted or adopted by the ronment, along with companion activities to ‘‘(2) When scientific data and under- agency, except for a risk assessment used as disseminate the conclusions of the report to standing that permits relevant comparisons the basis for a major rule or a site-specific the public. of risk are reasonably available, the agency risk assessment. ‘‘(2) The report or reports prepared under shall use such information to place the na- ‘‘(b) The agency shall utilize external peer paragraph (1)(A) shall be completed not later ture and magnitude of risks to human review, as appropriate, to evaluate the than 3 years after the date of enactment of health, safety, and the environment being claims and analyses in the petition, and this section. The report under paragraph analyzed in context. shall consider such review in making its de- (1)(B) shall be completed not later than 4 ‘‘(3) When scientifically appropriate infor- termination of whether to grant the peti- years after the date of enactment of this sec- mation on significant substitution risks to tion. tion, and shall draw, as appropriate, upon human health, safety, or the environment is ‘‘(c) The agency shall grant the petition if the insights and conclusions of the report or reasonably available to the agency, or is con- the petition establishes that there is a rea- reports made under paragraph (1)(A). The tained in information provided to the agency sonable likelihood that— companion activities under paragraph (1)(B) by a commentator, the agency shall describe ‘‘(1)(A) the risk assessment that is the sub- shall be completed not later than 5 years such risks in the risk assessments. ject of the petition was carried out in a man- after the date of enactment of this section. ‘‘(g) PEER REVIEW.—(1) Each agency shall ner substantially inconsistent with the prin- ‘‘(3)(A) The head of an agency with pro- provide for peer review in accordance with ciples in section 633; or grams to protect human health, safety, and

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9549 the environment shall incorporate the rec- delegated his authority pursuant to section a final regulatory flexibility analysis pursu- ommendations of reports under paragraph (1) 642 for an additional 45 days. At the request ant to section 604 except as permitted by sec- in revising any priorities under subsection of the head of an agency, the President or tions 605 and 608, (a). such an officer may grant an additional ex- an affected small entity may petition for the ‘‘(B) The head of the agency shall submit a tension of 45 days. judicial review of such certification, anal- report to the appropriate Congressional com- ‘‘(B) Notice of any such extension, together ysis, or failure to prepare such analysis, in mittees of jurisdiction responding to the rec- with a succinct statement of the reasons accordance with this subsection. A court ommendations from the National Academy therefor, shall be inserted in the rulemaking having jurisdiction to review such rule for of Sciences and describing plans for utilizing file. compliance with section 553 or under any the results of comparative risk analysis in ‘‘§ 642. Delegation of authority other provision of law shall have jurisdiction agency budget, strategic planning, regu- ‘‘(a) IN GENERAL.—The President may dele- over such petition. latory agenda, enforcement, and research gate the authority granted by this sub- ‘‘(2)(A) Notwithstanding any other provi- and development activities. chapter to an officer within the Executive sion of law, an affected small entity shall ‘‘(4) Following the submission of the report Office of the President whose appointment have 1 year after the effective date of the in paragraph (2), for the next 5 years, the has been subject to the advice and consent of final rule to challenge the certification, head of the agency shall submit, with the the Senate. analysis or failure to prepare an analysis re- budget request submitted to Congress under ‘‘(b) NOTICE.—Notice of any delegation, or quired by this subchapter with respect to section 1105(a) of title 31, a description of any revocation or modification thereof shall any such rule. ‘‘(B) If an agency delays the issuance of a how the requested budget of the agency and be published in the Federal Register. the strategic planning activities of the agen- final regulatory flexibility analysis pursuant ‘‘§ 643. Judicial review cy reflect priorities determined using the to section 608(b), a petition for judicial re- recommendations of reports issued under ‘‘The exercise of the authority granted view under this subsection may be filed not subsection (a). The head of the agency shall under this subchapter by the Director, the later than 1 year after the date the analysis include in such description— President, or by an officer to whom such au- is made available to the public. ‘‘(A) recommendations on the modifica- thority has been delegated under section 642 ‘‘(3) For purposes of this subsection, the tion, repeal, or enactment of laws to reform, and agency compliance or noncompliance term ‘affected small entity’ means a small eliminate, or enhance programs or mandates with the procedure under section 641 shall entity that is or will be subject to the provi- relating to human health, safety, or the en- not be subject to judicial review. sions of, or otherwise required to comply vironment; and ‘‘§ 644. Regulatory agenda with, the final rule. ‘‘(4) Nothing in this subsection shall be ‘‘(B) recommendation on the modification ‘‘The head of each agency shall provide, as construed to limit the authority of any court or elimination of statutory or judicially part of the semiannual regulatory agenda to stay the effective date of any rule or pro- mandated deadlines, published under section 602— vision thereof under any other provision of that would assist the head of the agency to ‘‘(1) a list of risk assessments subject to law. set priorities in activities to address the subsection 632 (a) or (b)(1) under preparation ‘‘(5)(A) Notwithstanding section 605, if the risks to human health, safety, or the envi- or planned by the agency; court determines, on the basis of the court’s ronment that incorporate the priorities de- ‘‘(2) a brief summary of relevant issues ad- review of the rulemaking record, that there veloped using the recommendations of the dressed or to be addressed by each listed risk is substantial evidence that the rule would reports under subsection (a), resulting in assessment; have a significant economic impact on a sub- more cost-effective programs to address risk. ‘‘(3) an approximate schedule for com- stantial number of small entities, the court ‘‘(5) For each budget request submitted in pleting each listed risk assessment; shall order the agency to prepare a final reg- accordance with paragraph (4), the Director ‘‘(4) an identification of potential rules, ulatory flexibility analysis that satisfies the shall submit an analysis of ways in which re- guidance, or other agency actions supported requirements of section 604. sources could be reallocated among Federal or affected by each listed risk assessment; ‘‘(B) If the agency prepared a final regu- agencies to achieve the greatest overall net and latory flexibility analysis, the court shall reduction in risk. ‘‘(5) the name, address, and telephone num- order the agency to take corrective action ‘‘§ 636. Rule of construction ber of an agency official knowledgeable consistent with section 604 if the court deter- about each listed risk assessment.’’. mines, on the basis of the court’s review of ‘‘Nothing in this subchapter shall be con- (b) REGULATORY FLEXIBILITY ANALYSIS.— the rulemaking record, that the final regu- strued to— (1) FINAL REGULATORY FLEXIBILITY ANAL- latory flexibility analysis does not satisfy ‘‘(1) preclude the consideration of any data YSIS.—Section 604 of title 5, United States the requirements of section 604. or the calculation of any estimate to more Code, is amended by adding at the end there- ‘‘(6) The court shall stay the rule and grant fully describe or analyze risk, scientific un- of the following new subsection: such other relief as the court determines to certainty, or variability; or ‘‘(c)(1) Except as provided in paragraph (2), be appropriate if, by the end of the 90-day pe- ‘‘(2) require the disclosure of any trade se- no final rule for which a final regulatory riod beginning on the date of the order of the cret or other confidential information. flexibility analysis is required under this court pursuant to paragraph (5), the agency ‘‘SUBCHAPTER IV—EXECUTIVE section shall be promulgated unless the fails, as appropriate— OVERSIGHT agency finds that the final rule minimizes ‘‘(A) to prepare the analysis required by ‘‘§ 641. Procedures significant economic impact on small enti- section 604; or ties to the maximum extent possible, con- ‘‘(B) to take corrective action consistent ‘‘(a) IN GENERAL.—The Director or a designee of the President shall— sistent with the purposes of this subchapter, with section 604. ‘‘(b) In an action for the judicial review of ‘‘(1) establish and, as appropriate, revise the objectives of the rule, and the require- a rule, any regulatory flexibility analysis for procedures for agency compliance with this ments of applicable statutes. ‘‘(2) If an agency determines that a statute such rule (including an analysis prepared or chapter; and requires a rule to be promulgated that does corrected pursuant to subsection (a)(5)) shall ‘‘(2) monitor, review, and ensure agency not satisfy the criterion of paragraph (1), the constitute part of the whole record of agency implementation of such procedures. agency shall— action in connection with such review. ‘‘(b) PUBLIC COMMENT.—Procedures estab- ‘‘(c) Except as otherwise required by the lished pursuant to subsection (a) shall only ‘‘(A) include a written explanation of such determination in the final regulatory flexi- provisions of this subchapter, the court shall be implemented after opportunity for public apply the same standards of judicial review comment. Any such procedures shall be con- bility analysis; and ‘‘(B) transmit the final regulatory flexi- that govern the review of agency findings sistent with the prompt completion of rule- under the statute granting the agency au- making proceedings. bility analysis to Congress when the final rule is promulgated.’’. thority to conduct the rulemaking.’’. ‘‘(c) TIME FOR REVIEW.—(1) If procedures (c) REVISION OF CERTAIN PROVISIONS OF THE (2) JUDICIAL REVIEW.—Section 611 of title 5, established pursuant to subsection (a) in- FEDERAL FOOD, DRUG, AND COSMETIC ACT RE- clude review of any initial or final analyses United States Code, is amended to read as follows: LATING TO TESTING.—In applying section of a rule required under chapter 6, the time 409(c)(3)(A), 512(d)(1), or 721(b)(5)(B) of the for any such review of any initial analysis ‘‘§ 611. Judicial review Federal Food, Drug, and Cosmetic Act (21 shall not exceed 90 days following the receipt ‘‘(a)(1) For any rule described in section U.S.C. 348(c)(3)(A), 360b(d)(1), 379e(b)(5)(B)), of the analysis by the Director, or a designee 603(a), and with respect to which the agen- the Secretary of Health and Human Services of the President. cy— and the Administrator of the Environmental ‘‘(2) The time for review of any final anal- ‘‘(A) certified, pursuant to section 605(b), Protection Agency shall not prohibit or ysis required under chapter 6 shall not ex- that such rule would not have a significant refuse to approve a substance or product on ceed 90 days following the receipt of the economic impact on a substantial number of the basis of safety, where the substance or analysis by the Director, a designee of the small entities; product presents a negligible or insignificant President. ‘‘(B) prepared a final regulatory flexibility foreseeable risk to human health resulting ‘‘(3)(A) The times for each such review may analysis pursuant to section 604; or from its intended use. be extended for good cause by the President ‘‘(C) did not prepare an initial regulatory (d) TOXIC RELEASE INVENTORY REVIEW.— or by an officer to whom the President has flexibility analysis pursuant to section 603 or Section 313(d) of the Emergency Planning

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9550 CONGRESSIONAL RECORD — SENATE June 30, 1995 and Community Right-to-Know Act of 1986 ‘‘(1) compel agency action unlawfully with- such rule shall submit to each House of the (42 U.S.C. 11023(d)) is amended— held or unreasonably delayed; and Congress and to the Comptroller General a (1) in paragraph (2) by inserting after ‘‘epi- ‘‘(2) hold unlawful and set aside agency ac- report containing— demiological or other population studies,’’ tion, findings and conclusions found to be— ‘‘(i) a copy of the rule; the following: ‘‘and on the rule of reason, in- ‘‘(A) arbitrary, capricious, an abuse of dis- ‘‘(ii) a concise general statement relating cluding a consideration of the applicability cretion, or otherwise not in accordance with to the rule; and of such evidence to levels of the chemical in law; ‘‘(iii) the proposed effective date of the the environment that may result from rea- ‘‘(B) contrary to constitutional right, rule. sonably anticipated releases’’; and power, privilege, or immunity; ‘‘(B) The Federal agency promulgating the (2) in subsection (e)(1), by inserting before ‘‘(C) in excess of statutory jurisdiction, au- rule shall make available to each House of ‘‘Within 180 days’’ the following: ‘‘The Ad- thority, or limitations, or short of statutory Congress and the Comptroller General, upon ministrator shall grant any petition that es- right; request— tablishes substantial evidence that the cri- ‘‘(D) without observance of procedure re- ‘‘(i) a complete copy of the cost-benefit teria in subparagraph (A) either are or are quired by law; analysis of the rule, if any; not met.’’. ‘‘(E) unsupported by substantial evidence ‘‘(ii) the agency’s actions relevant to sec- (e) TECHNICAL AND CONFORMING AMEND- in a proceeding subject to sections 556 and tions 603, 604, 605, 607, and 609; MENTS.— 557 or otherwise reviewed on the record of an ‘‘(iii) the agency’s actions relevant to sec- (1) CHAPTER ANALYSIS.—Part I of title 5, agency hearing provided by statute; tions 202, 203, 204, and 205 of the Unfunded United States Code, is amended by striking ‘‘(F) without substantial support in the Mandates Reform Act of 1995; and the chapter heading and table of sections for rulemaking file, viewed as a whole, for the ‘‘(iv) any other relevant information or re- chapter 6 and inserting the following: asserted or necessary factual basis, in the quirements under any other Act and any rel- ‘‘CHAPTER 6—THE ANALYSIS OF case of a rule adopted in a proceeding subject evant Executive orders, such as Executive REGULATORY FUNCTIONS to section 553; or Order No. 12866. ‘‘(C) Upon receipt, each House shall provide ‘‘SUBCHAPTER I—REGULATORY ‘‘(G) unwarranted by the facts to the ex- copies to the Chairman and Ranking Member ANALYSIS tent that the facts are subject to trial de novo by the reviewing court. of each committee with jurisdiction. ‘‘Sec. ‘‘(b) In making the determinations set ‘‘(2)(A) The Comptroller General shall pro- ‘‘601. Definitions. forth in subsection (a), the court shall review vide a report on each major rule to the com- ‘‘602. Regulatory agenda. the whole record or those parts of it cited by mittees of jurisdiction to each House of the ‘‘603. Initial regulatory flexibility analysis. a party, and due account shall be taken of Congress by the end of 12 calendar days after ‘‘604. Final regulatory flexibility analysis. the rule of prejudicial error. the submission or publication date as pro- ‘‘605. Avoidance of duplicative or unneces- vided in section 802(b)(2). The report of the sary analyses. ‘‘§ 707. Consent decrees ‘‘In interpreting any consent decree in ef- Comptroller General shall include an assess- ‘‘606. Effect on other law. ment of the agency’s compliance with proce- ‘‘607. Preparation of analysis. fect on or after the date of enactment of this dural steps required by paragraph (1)(B). ‘‘608. Procedure for waiver or delay of com- section that imposes on an agency an obligation to initiate, continue, or complete rule- ‘‘(B) Federal agencies shall cooperate with pletion. the Comptroller General by providing infor- ‘‘609. Procedures for gathering comments. making proceedings, the court shall not en- mation relevant to the Comptroller Gen- ‘‘610. Periodic review of rules. force the decree in a way that divests the eral’s report under subparagraph (A). ‘‘611. Judicial review. agency of discretion clearly granted to the ‘‘(3) A major rule relating to a report sub- ‘‘612. Reports and intervention rights. agency by statute to respond to changing circumstances, make policy or managerial mitted under paragraph (1) shall take effect ‘‘SUBCHAPTER II—ANALYSIS OF AGENCY as a final rule, the latest of— RULES choices, or protect the rights of third parties. ‘‘(A) the later of the date occurring 60 days ‘‘621. Definitions. after the date on which— ‘‘622. Rulemaking cost-benefit analysis. ‘‘§ 708. Affirmative defense ‘‘(i) the Congress receives the report sub- ‘‘623. Agency regulatory review. ‘‘Notwithstanding any other provision of mitted under paragraph (1); or ‘‘624. Decisional criteria. law, it shall be an affirmative defense in any ‘‘(ii) the rule is published in the Federal ‘‘625. Jurisdiction and judicial review. enforcement action brought by an agency Register; ‘‘626. Deadlines for rulemaking. that the regulated person or entity reason- ‘‘(B) if the Congress passes a joint resolu- ‘‘627. Special rule. ably relied on and is complying with a rule, tion of disapproval described under section ‘‘628. Requirements for major environmental regulation, adjudication, directive, or order 802 relating to the rule, and the President management activities. of such agency or any other agency that is signs a veto of such resolution, the earlier ‘‘SUBCHAPTER III—RISK ASSESSMENTS incompatible, contradictory, or otherwise date— cannot be reconciled with the agency rule, ‘‘631. Definitions. ‘‘(i) on which either House of Congress regulation, adjudication, directive, or order ‘‘632. Applicability. votes and fails to override the veto of the being enforced.’’. ‘‘633. Principles for risk assessments. President; or (b) TECHNICAL AMENDMENT.—The analysis ‘‘(ii) occurring 30 session days after the ‘‘634. Petition for review of a major free- for chapter 7 of title 5, United States Code, date on which the Congress received the veto standing risk assessment. is amended by striking the item relating to ‘‘635. Comprehensive risk reduction. and objections of the President; or section 706 and inserting the following new ‘‘636. Rule of construction. ‘‘(C) the date the rule would have other- items: ‘‘SUBCHAPTER IV—EXECUTIVE wise taken effect, if not for this section (un- ‘‘706. Scope of review. less a joint resolution of disapproval under OVERSIGHT ‘‘707. Consent decrees. section 802 is enacted). ‘‘641. Procedures. ‘‘708. Affirmative defense.’’. ‘‘(4) Except for a major rule, a rule shall ‘‘642. Delegation of authority. SEC. 6. CONGRESSIONAL REVIEW. take effect as otherwise provided by law ‘‘643. Judicial review. (a) FINDING.—The Congress finds that effec- after submission to Congress under para- ‘‘644. Regulatory agenda.’’. tive steps for improving the efficiency and graph (1). (2) SUBCHAPTER HEADING.—Chapter 6 of proper management of Government oper- ‘‘(5) Notwithstanding paragraph (3), the ef- title 5, United States Code, is amended by in- ations will be promoted if a moratorium on fective date of a rule shall not be delayed by serting immediately before section 601, the the implementation of certain significant operation of this chapter beyond the date on following subchapter heading: final rules is imposed in order to provide which either House of Congress votes to re- ‘‘SUBCHAPTER I—REGULATORY Congress an opportunity for review. ject a joint resolution of disapproval under (b) IN GENERAL.—Title 5, United States ANALYSIS’’. section 802. Code, is amended by inserting immediately SEC. 5. JUDICIAL REVIEW. ‘‘(b) A rule shall not take effect (or con- after chapter 7 the following new chapter: tinue) as a final rule, if the Congress passes (a) IN GENERAL.—Chapter 7 of title 5, ‘‘CHAPTER 8—CONGRESSIONAL REVIEW a joint resolution of disapproval described United States Code, is amended— OF AGENCY RULEMAKING (1) by striking section 706; and under section 802. ‘‘(c)(1) Notwithstanding any other provi- (2) by adding at the end the following new ‘‘801. Congressional review. sion of this section (except subject to para- sections: ‘‘802. Congressional disapproval procedure. ‘‘803. Special rule on statutory, regulatory, graph (3)), a rule that would not take effect ‘‘§ 706. Scope of review and judicial deadlines. by reason of this chapter may take effect, if ‘‘(a) To the extent necessary to reach a de- ‘‘804. Definitions. the President makes a determination under cision and when presented, the reviewing ‘‘805. Judicial review. paragraph (2) and submits written notice of court shall decide all relevant questions of ‘‘806. Applicability; severability. such determination to the Congress. law, interpret constitutional and statutory ‘‘807. Exemption for monetary policy. ‘‘(2) Paragraph (1) applies to a determina- provisions, and determine the meaning or ap- ‘‘§ 801. Congressional review tion made by the President by Executive plicability of the terms of an agency action. ‘‘(a)(1)(A) Before a rule can take effect as a order that the rule should take effect be- The reviewing court shall— final rule, the Federal agency promulgating cause such rule is—

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9551 ‘‘(A) necessary because of an imminent ‘That Congress disapproves the rule sub- ‘‘(A) the procedure in that House shall be threat to health or safety or other emer- mitted by the ll relating to ll, and such the same as if no resolution had been re- gency; rule shall have no force or effect.’. (The ceived from the other House; but ‘‘(B) necessary for the enforcement of blank spaces being appropriately filled in.) ‘‘(B) the vote on final passage shall be on criminal laws; ‘‘(b)(1) A resolution described in paragraph the resolution of the other House. ‘‘(C) necessary for national security; or (1) shall be referred to the committees in ‘‘(f) This section is enacted by Congress— ‘‘(D) issued pursuant to a statute imple- each House of Congress with jurisdiction. ‘‘(1) as an exercise of the rulemaking power menting an international trade agreement. Such a resolution may not be reported before of the Senate and House of Representatives, ‘‘(3) An exercise by the President of the au- the eighth day after its submission or publi- respectively, and as such it is deemed a part thority under this subsection shall have no cation date. of the rules of each House, respectively, but effect on the procedures under section 802 or ‘‘(2) For purposes of this subsection the applicable only with respect to the procedure the effect of a joint resolution of disapproval term ‘submission or publication date’ means to be followed in that House in the case of a under this section. the later of the date on which— resolution described in subsection (a), and it ‘‘(d)(1) In addition to the opportunity for ‘‘(A) the Congress receives the report sub- supersedes other rules only to the extent review otherwise provided under this chap- mitted under section 801(a)(1); or that it is inconsistent with such rules; and ter, in the case of any rule that is published ‘‘(B) the rule is published in the Federal ‘‘(2) with full recognition of the constitu- in the Federal Register (as a rule that shall Register. tional right of either House to change the ‘‘(c) If the committee to which is referred take effect as a final rule) during the period rules (so far as relating to the procedure of a resolution described in subsection (a) has beginning on the date occurring 60 days be- that House) at any time, in the same man- not reported such resolution (or an identical fore the date the Congress adjourns sine die ner, and to the same extent as in the case of resolution) at the end of 20 calendar days through the date on which the succeeding any other rule of that House. after the submission or publication date de- Congress first convenes, section 802 shall fined under subsection (b)(2), such com- ‘‘§ 803. Special rule on statutory, regulatory, apply to such rule in the succeeding Con- mittee may be discharged from further con- and judicial deadlines gress. sideration of such resolution in the Senate ‘‘(a) In the case of any deadline for, relat- ‘‘(2)(A) In applying section 802 for purposes upon a petition supported in writing by 30 ing to, or involving any rule which does not of such additional review, a rule described Members of the Senate and in the House take effect (or the effectiveness of which is under paragraph (1) shall be treated as upon a petition supported in writing by one- terminated) because of enactment of a joint though— fourth of the Members duly sworn and cho- resolution under section 802, that deadline is ‘‘(i) such rule were published in the Federal sen or by motion of the Speaker supported extended until the date 1 year after the date Register (as a rule that shall take effect as by the Minority Leader, and such resolution of the joint resolution. Nothing in this sub- a final rule) on the 15th session day after the shall be placed on the appropriate calendar section shall be construed to affect a dead- succeeding Congress first convenes; and of the House involved. line merely by reason of the postponement of ‘‘(ii) a report on such rule were submitted ‘‘(d)(1) When the committee to which a res- a rule’s effective date under section 801(a). to Congress under subsection (a)(1) on such olution is referred has reported, or when a ‘‘(b) The term ‘deadline’ means any date date. committee is discharged (under subsection certain for fulfilling any obligation or exer- ‘‘(B) Nothing in this paragraph shall be (c)) from further consideration of, a resolu- cising any authority established by or under construed to affect the requirement under tion described in subsection (a), it is at any any Federal statute or regulation, or by or subsection (a)(1) that a report shall be sub- time thereafter in order (even though a pre- under any court order implementing any mitted to Congress before a final rule can vious motion to the same effect has been dis- Federal statute or regulation. take effect. agreed to) for a motion to proceed to the ‘‘§ 804. Definitions ‘‘(3) A rule described under paragraph (1) consideration of the resolution, and all shall take effect as a final rule as otherwise points of order against the resolution (and ‘‘(a) For purposes of this chapter— provided by law (including other subsections against consideration of resolution) are ‘‘(1) the term ‘Federal agency’ means any of this section). waived. The motion is not subject to amend- agency as that term is defined in section ‘‘(e)(1) Section 802 shall apply in accord- ment, or to a motion to postpone, or to a 551(1) (relating to administrative procedure); ance with this subsection to any major rule motion to proceed to the consideration of ‘‘(2) the term ‘major rule’ has the same that is published in the Federal Register (as other business. A motion to reconsider the meaning given such term in section 621(5); a rule that shall take effect as a final rule) vote by which the motion is agreed to or dis- and during the period beginning on November 20, agreed to shall not be in order. If a motion ‘‘(3) the term ‘final rule’ means any final 1994, through the date on which the Com- to proceed to the consideration of the resolu- rule or interim final rule. prehensive Regulatory Reform Act of 1995 tion is agreed to, the resolution shall remain ‘‘(b) As used in subsection (a)(3), the term takes effect. the unfinished business of the respective ‘rule’ has the meaning given such term in ‘‘(2) In applying section 802 for purposes of House until disposed of. section 551, except that such term does not Congressional review, a rule described under ‘‘(2) Debate on the resolution, and on all include any rule of particular applicability paragraph (1) shall be treated as though— debatable motions and appeals in connection including a rule that approves or prescribes ‘‘(A) such rule were published in the Fed- therewith, shall be limited to not more than for the future rates, wages, prices, services, eral Register (as a rule that shall take effect 10 hours, which shall be divided equally be- or allowances therefor, corporate or finan- as a final rule) on the date of enactment of tween those favoring and those opposing the cial structures, reorganizations, mergers, or the Comprehensive Regulatory Reform Act resolution. A motion further to limit debate acquisitions thereof, or accounting practices of 1995; and is in order and not debatable. An amendment or disclosures bearing on any of the fore- ‘‘(B) a report on such rule were submitted to, or a motion to postpone, or a motion to going or any rule of agency organization, to Congress under subsection (a)(1) on such proceed to the consideration of other busi- personnel, procedure, practice or any routine date. ness, or a motion to recommit the resolution matter. ‘‘(3) The effectiveness of a rule described is not in order. ‘‘§ 805. Judicial review under paragraph (1) shall be as otherwise ‘‘(3) Immediately following the conclusion ‘‘No determination, finding, action, or provided by law, unless the rule is made of of the debate on a resolution described in omission under this chapter shall be subject no force or effect under section 802. subsection (a), and a single quorum call at to judicial review. ‘‘(f) Any rule that takes effect and later is the conclusion of the debate if requested in made of no force or effect by enactment of a accordance with the rules of the appropriate ‘‘§ 806. Applicability; severability joint resolution under section 802 shall be House, the vote on final passage of the reso- ‘‘(a) This chapter shall apply notwith- treated as though such rule had never taken lution shall occur. standing any other provision of law. effect. ‘‘(4) Appeals from the decisions of the ‘‘(b) If any provision of this chapter or the ‘‘(g) If the Congress does not enact a joint Chair relating to the application of the rules application of any provision of this chapter resolution of disapproval under section 802, of the Senate or the House of Representa- to any person or circumstance, is held in- no court or agency may infer any intent of tives, as the case may be, to the procedure valid, the application of such provision to the Congress from any action or inaction of relating to a resolution described in sub- other persons or circumstances, and the re- the Congress with regard to such rule, re- section (a) shall be decided without debate. mainder of this chapter, shall not be affected ‘‘(e) If, before the passage by one House of lated statute, or joint resolution of dis- thereby. a resolution of that House described in sub- approval. section (a), that House receives from the ‘‘§ 807. Exemption for monetary policy ‘‘§ 802. Congressional disapproval procedure other House a resolution described in sub- ‘‘Nothing in this chapter shall apply to ‘‘(a) For purposes of this section, the term section (a), then the following procedures rules that concern monetary policy proposed ‘joint resolution’ means only a joint resolu- shall apply: or implemented by the Board of Governors of tion introduced during the period beginning ‘‘(1) The resolution of the other House the Federal Reserve System or the Federal on the date on which the report referred to shall not be referred to a committee. Open Market Committee.’’. in section 801(a) is received by Congress and ‘‘(2) With respect to a resolution described (c) EFFECTIVE DATE.—The amendment ending 60 days thereafter, the matter after in subsection (a) of the House receiving the made by subsection (b) shall take effect on the resolving clause of which is as follows: resolution— the date of enactment of this Act and shall

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9552 CONGRESSIONAL RECORD — SENATE June 30, 1995 apply to any rule that takes effect as a final forth, for each year covered by the state- (A) detailed guidance on estimating the rule on or after such effective date. ment— costs and benefits of major rules; and (d) TECHNICAL AMENDMENT.—The table of (I) the annual expenditure of national eco- (B) general guidance on estimating the chapters for part I of title 5, United States nomic resources for major rules, grouped by costs and benefits of all other rules that do Code, is amended by inserting immediately regulatory program; and not meet the thresholds for major rules; and after the item relating to chapter 7 the fol- (II) such other quantitative and qualitative (2) to standardize the format of the ac- lowing: measures of costs as the President considers counting statements. ‘‘8. Congressional Review of Agency appropriate. (e) RECOMMENDATIONS FROM CONGRES- Rulemaking ...... 801’’. (ii) For purposes of the estimate of costs in SIONAL BUDGET OFFICE.—After each account- SEC. 7. REGULATORY ACCOUNTING. the accounting statement, national eco- ing statement and associated report sub- nomic resources shall include, and shall be (a) DEFINITIONS.—For purposes of this sec- mitted to Congress, the Director of the Con- tion, the following definitions apply: listed under, at least the following cat- gressional Budget Office shall make rec- egories: (1) MAJOR RULE.—The term ‘‘major rule’’ ommendations to the President— (I) Private sector costs. has the same meaning as defined in section (1) for improving accounting statements (II) Federal sector costs. 621(5)(A)(i) of title 5, United States Code. The prepared pursuant to this section, including (III) State and local government adminis- term shall not include— recommendations on level of detail and accu- trative costs. (A) administrative actions governed by racy; and (C) An accounting statement shall esti- sections 556 and 557 of title 5, United States (2) for improving associated reports pre- mate the benefits of major rules by setting Code; pared pursuant to this section, including rec- forth, for each year covered by the state- (B) regulations issued with respect to a ommendations on the quality of analysis. ment, such quantitative and qualitative military or foreign affairs function of the (f) JUDICIAL REVIEW.—No requirements measures of benefits as the President con- United States or a statute implementing an under this section shall be subject to judicial siders appropriate. Any estimates of benefits review in any manner. international trade agreement; or concerning reduction in health, safety, or en- SEC. 8. STUDIES AND REPORTS. (C) regulations related to agency organiza- vironmental risks shall present the most (a) RISK ASSESSMENTS.—The Administra- tion, management, or personnel. plausible level of risk practical, along with a (2) AGENCY.—The term ‘‘agency’’ means statement of the reasonable degree of sci- tive Conference of the United States shall— any executive department, military depart- entific certainty. (1) develop and carry out an ongoing study ment, Government corporation, Government (c) ASSOCIATED REPORT TO CONGRESS.— of the operation of the risk assessment re- controlled corporation, or other establish- (1) IN GENERAL.—At the same time as the quirements of subchapter III of chapter 6 of ment in the executive branch of the Govern- President submits an accounting statement title 5, United States Code (as added by sec- ment (including the Executive Office of the under subsection (b), the President, acting tion 4 of this Act); and President), or any independent regulatory through the Director of the Office of Man- (2) submit an annual report to the Con- agency, but shall not include— agement and Budget, shall submit to Con- gress on the findings of the study. (A) the General Accounting Office; gress a report associated with the account- (b) ADMINISTRATIVE PROCEDURE ACT.—Not (B) the Federal Election Commission; ing statement (hereinafter referred to as an later than December 31, 1996, the Adminis- (C) the governments of the District of Co- ‘‘associated report’’). The associated report trative Conference of the United States lumbia and of the territories and possessions shall contain, in accordance with this sub- shall— of the United States, and their various subsection— (1) carry out a study of the operation of the divisions; or (A) analyses of impacts; and Administrative Procedure Act (as amended (D) Government-owned contractor-oper- (B) recommendations for reform. by section 3 of this Act); and ated facilities, including laboratories en- (2) ANALYSES OF IMPACTS.—The President (2) submit a report to the Congress on the gaged in national defense research and pro- shall include in the associated report the fol- findings of the study, including proposals for duction activities. lowing: revision, if any. (b) ACCOUNTING STATEMENT.— (A) Analyses prepared by the President of SEC. 9. MISCELLANEOUS PROVISIONS. (1) IN GENERAL.—(A) The President shall be the cumulative impact of major rules in Fed- (a) EFFECTIVE DATE.—Except as otherwise responsible for implementing and admin- eral regulatory programs covered in the ac- provided, this Act and the amendments made istering the requirements of this section. counting statement on the following: by this Act shall take effect on the date of (B) Not later than June 1, 1997, and each (i) The ability of State and local govern- enactment. June 1 thereafter, the President shall pre- ments to provide essential services, includ- (b) SEVERABILITY.—If any provision of this pare and submit to Congress an accounting ing police, fire protection, and education. Act, an amendment made by this Act, or the statement that estimates the annual costs of (ii) Small business. application of such provision or amendment major rules and corresponding benefits in ac- (iii) Productivity. to any person or circumstance is held to be cordance with this subsection. (iv) Wages. unconstitutional, the remainder of this Act, (2) YEARS COVERED BY ACCOUNTING STATE- (v) Economic growth. the amendments made by this Act, and the MENT.—Each accounting statement shall (vi) Technological innovation. application of the provisions of such to any cover, at a minimum, the 5 fiscal years be- (vii) Consumer prices for goods and serv- person or circumstance shall not be affected ginning on October 1 of the year in which the ices. thereby. report is submitted and may cover any fiscal (viii) Such other factors considered appro- f year preceding such fiscal years for purpose priate by the President. of revising previous estimates. (B) A summary of any independent anal- THE FISHERIES ACT OF 1995 HIGH (3) TIMING AND PROCEDURES.—(A) The Presi- yses of impacts prepared by persons com- SEAS FISHERIES LICENSING ACT dent shall provide notice and opportunity for menting during the comment period on the OF 1995 comment for each accounting statement. accounting statement. The President may delegate to an agency the (3) RECOMMENDATIONS FOR REFORM.—The requirement to provide notice and oppor- President shall include in the associated re- STEVENS (AND OTHERS) tunity to comment for the portion of the ac- port the following: AMENDMENT NO. 1488 counting statement relating to that agency. (A) A summary of recommendations of the (B) The President shall propose the first President for reform or elimination of any Mr. DOLE (for Mr. STEVENS for him- accounting statement under this subsection Federal regulatory program or program ele- self, Mr. KERRY, Ms. SNOWE, and Mr. not later than 2 years after the date of enactment that does not represent sound use of BREAUX) proposed an amendment to ment of this Act and shall issue the first ac- national economic resources or otherwise is the bill (S. 267) to establish a system of counting statement in final form not later inefficient. licensing, reporting, and regulation for than 3 years after such effective date. Such (B) A summary of any recommendations statement shall cover, at a minimum, each for such reform or elimination of Federal vessels of the United States fishing on of the fiscal years beginning after the date of regulatory programs or program elements the high seas, and for other purposes; enactment of this Act. prepared by persons commenting during the as follows: (4) CONTENT OF ACCOUNTING STATEMENT.— comment period on the accounting state- Strike out all after the enacting clause and (A) Each accounting statement shall contain ment. insert the following: estimates of costs and benefits with respect (d) GUIDANCE FROM OFFICE OF MANAGEMENT SECTION 1. SHORT TITLE. to each fiscal year covered by the statement AND BUDGET.—The Director of the Office of This Act may be cited as the ‘‘Fisheries in accordance with this paragraph. For each Management and Budget shall, in consulta- Act of 1995’’. such fiscal year for which estimates were tion with the Council of Economic Advisers, made in a previous accounting statement, provide guidance to agencies— SEC. 2. TABLE OF CONTENTS. the statement shall revise those estimates (1) to standardize measures of costs and The Table of contents for this Act is as fol- and state the reasons for the revisions. benefits in accounting statements prepared lows: (B)(i) An accounting statement shall esti- pursuant to sections 3 and 7 of this Act, in- Sec. 1. Short title. mate the costs of major rules by setting cluding— Sec. 2. Table of contents.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0655 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9553 TITLE I—HIGH SEAS FISHING SEC. 102. PURPOSE. (ii) a State or political subdivision thereof; COMPLIANCE It is the purpose of this Act— (iii) a citizen or national of the United Sec. 101. Short title. (1) to implement the Agreement to Pro- States; or Sec. 102. Purpose. mote Compliance with International Con- (iv) a corporation created under the laws of Sec. 103. Definitions. servation and Management Measures by the United States or any State, the District Sec. 104. Permitting. Fishing Vessels on the High Seas, adopted by of Columbia, or any territory, common- Sec. 105. Responsibilities of the Secretary. the Conference of the Food and Agriculture wealth, or possession of the United States; Sec. 106. Unlawful activities. Organization of the United Nations on No- unless the vessel has been granted the na- Sec. 107. Enforcement provisions. vember 24, 1993; and tionality of a foreign nation in accordance Sec. 108. Civil penalties and permit sanc- (2) to establish a system of permitting, re- with article 92 of the 1982 United Nations tions. porting, and regulation for vessels of the Convention on the Law of the Sea and a Sec. 109. Criminal offenses. United States fishing on the high seas. claim of nationality or registry for the ves- Sec. 110. Forfeitures. SEC. 103. DEFINITIONS. sel is made by the master or individual in Sec. 111. Effective date. As used in this Act— charge at the time of the enforcement action TITLE II—IMPLEMENTATION OF CONVENTION (1) The term ‘‘Agreement’’ means the by an officer or employee of the United ON FUTURE MULTILATERAL COOPERATION IN Agreement to Promote Compliance with States authorized to enforce applicable pro- THE NORTHWEST ATLANTIC FISHERIES International Conservation and Management visions of the United States law; and Sec. 201. Short title. Measures by Fishing Vessels on the High (C) a vessel that was once documented Sec. 202. Representation of United States Seas, adopted by the Conference of the Food under the laws of the United States and, in under convention. and Agriculture Organization of the United violation of the laws of the United States, Sec. 203. Requests for scientific advice. Nations on November 24, 1993. was either sold to a person not a citizen of Sec. 204. Authorities of Secretary of State (2) The term ‘‘FAO’’ means the Food and the United States or placed under foreign with respect to convention. Agriculture Organization of the United Na- registry or a foreign flag, whether or not the Sec. 205. Interagency cooperation. tions. vessel has been granted the nationality of a Sec. 206. Rulemaking. (3) The term ‘‘high seas’’ means the waters foreign nation. Sec. 207. Prohibited acts and penalties. beyond the territorial sea or exclusive eco- (10) The terms ‘‘vessel subject to the juris- Sec. 208. Consultative committee. nomic zone (or the equivalent) of any nation, diction of the United States’’ and ‘‘vessel Sec. 209. Administrative matters. to the extent that such territorial sea or ex- without nationality’’ have the same meaning Sec. 210. Definitions. clusive economic zone (or the equivalent) is as in section 3(c) of Maritime Drug Law En- Sec. 211. Authorization of appropriations. recognized by the United States. forcement Act (46 U.S.C. 1903(c)). TITLE III—ATLANTIC TUNAS (4) The term ‘‘high seas fishing vessel’’ SEC. 104. PERMITTING. CONVENTION ACT means any vessel of the United States used (a) IN GENERAL.—No high seas fishing ves- Sec. 301. Short title. or intended for use— sel shall engage in harvesting operations on Sec. 302. Research and monitoring activi- (A) on the high seas; the high seas unless the vessel has on board ties. (B) for the purpose of the commercial ex- a valid permit issued under this section. Sec. 303. Definitions. ploitation of living marine resources; and (b) ELIGIBILITY.— Sec. 304. Advisory committee procedures. (C) as a harvesting vessel, as a mother (1) Any vessel of the United States is eligi- Sec. 305. Regulations and enforcement of ship, or as any other support vessel directly ble to receive a permit under this section, Convention. engaged in a fishing operation. unless the vessel was previously authorized Sec. 306. Fines and permit sanctions. (5) The term ‘‘international conservation to be used for fishing on the high seas by a Sec. 307. Authorization of appropriations. and management measures’’ means measures foreign nation, and Sec. 308. Report and savings clause. to conserve or manage one or more species of (A) the foreign nation suspended such au- Sec. 309. Management and Atlantic yel- living marine resources that are adopted and thorization because the vessel undermined lowfin tuna. applied in accordance with the relevant rules the effectiveness of international conserva- Sec. 310. Study of bluefin tuna regulations. of international law, as reflected in the 1982 tion and management measures, and the sus- Sec. 311. Sense of the Congress with respect United Nations Convention on the Law of pension has not expired; or to ICCAT negotiations. the Sea, and that are recognized by the (B) the foreign nation, within the last TITLE IV—FISHERMAN’S PROTECTIVE United States. Such measures may be adopt- three years preceding application for a per- ACT ed by global, regional, or sub-regional fish- mit under this section, withdrew such au- Sec. 401. Findings. eries organizations, subject to the rights and thorization because the vessel undermined Sec. 402. Amendment to the Fisherman’s obligations of their members, or by treaties the effectiveness of international conserva- Protective Act of 1967. or other international agreements. tion and management measures. Sec. 403. Reauthorization. (6) The term ‘‘length’’ means— (2) The restriction in paragraph (1) does Sec. 404. Technical corrections. (A) for any high seas fishing vessel built not apply if ownership of the vessel has TITLE V—FISHERIES ENFORCEMENT IN after July 18, 1982, 96 percent of the total changed since the vessel undermined the ef- CENTRAL SEA OF OKHOTSK length on a waterline at 85 percent of the fectiveness of international conservation and least molded depth measured from the top of management measures, and the new owner Sec. 501. Short title. the keel, or the length from the foreside of has provided sufficient evidence to the Sec- Sec. 502. Fishing prohibition. the stem to the axis of the rudder stock on retary demonstrating that the previous TITLE VI—DRIFTNET MORATORIUM that waterline, if that is greater, except that owner or operator has no further legal, bene- Sec. 601. Short title. in ships designed with a rake of keel the wa- ficial or financial interest in, or control of, Sec. 602. Findings. terline on which this length is measured the vessel. Sec. 603. Prohibition. shall be parallel to the designed waterline; (3) The restriction in paragraph (1) does Sec. 604. Negotiations. and not apply if the Secretary makes a deter- Sec. 605. Certification. (B) for any high seas fishing vessel built mination that issuing a permit would not Sec. 606. Enforcement. before July 18, 1982, registered length as en- subvert the purposes of the Agreement. TITLE VII—YUKON RIVER SALMON tered on the vessel’s documentation. (4) The Secretary may not issue a permit Sec. 701. Short title. (7) The term ‘‘person’’ means any indi- to a vessel unless the Secretary is satisfied Sec. 702. Purposes. vidual (whether or not a citizen or national that the United States will be able to exer- Sec. 703. Definitions. of the United States), any corporation, part- cise effectively its responsibilities under the Sec. 704. Panel. nership, association, or other entity (wheth- Agreement with respect to that vessel. Sec. 705. Advisory committee. er or not organized or existing under the (c) APPLICATION.— Sec. 706. Exemption. laws of any State), and any Federal, State, (1) The owner or operator of a high seas Sec. 707. Authority and responsibility. local, or foreign government or any entity of fishing vessel may apply for a permit under Sec. 708. Continuation of agreement. any such government. this section by completing an application Sec. 709. Administrative matters. (8) The term ‘‘Secretary’’ means the Sec- form prescribed by the Secretary. Sec. 710. Authorization of appropriations. retary of Commerce. (2) The application form shall contain— TITLE VIII—MISCELLANEOUS (9) The term ‘‘vessel of the United States’’ (A) the vessel’s name, previous names (if means— known), official numbers, and port of record; Sec. 801. South Pacific tuna amendment. (A) a vessel documented under chapter 121 (B) the vessel’s previous flags (if any); Sec. 802. Foreign fishing for Atlantic herring of title 46, United States Code, or numbered (C) the vessel’s International Radio Call and Atlantic mackerel. in accordance with chapter 123 of title 46, Sign (if any); TITLE I—HIGH SEAS FISHING United States Code; (D) the names and addresses of the vessel’s COMPLIANCE (B) a vessel owned in whole or part by— owners and operators; SEC. 101. SHORT TITLE. (i) the United States or a territory, com- (E) where and when the vessel was built; This title may be cited as the ‘‘High Seas monwealth, or possession of the United (F) the type of vessel; Fishing Compliance Act of 1995’’. States; (G) the vessel’s length; and

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9554 CONGRESSIONAL RECORD — SENATE June 30, 1995

(H) any other information the Secretary (c) INFORMATION TO FLAG NATIONS.—If the resource taken or retained in violation of requires for the purposes of implementing Secretary, in cooperation with the Secretary this title or any regulation or permit issued the Agreement. of State and the Secretary of the department under this title; or (d) CONDITIONS.—The Secretary shall estab- in which the Coast Guard is operating, has (10) to violate any provision of this title or lish such conditions and restrictions on each reasonable grounds to believe that a foreign any regulation or permit issued under this permit issued under this section as are nec- vessel has engaged in activities undermining title. essary and appropriate to carry out the obli- the effectiveness of international conserva- SEC. 107. ENFORCEMENT PROVISIONS. gations of the United States under the tion and management measures, the Sec- (a) DUTIES OF SECRETARIES.—This title Agreement, including but not limited to the retary shall— shall be enforced by the Secretary of Com- following: (1) provide to the flag nation information, merce and the Secretary of the department (1) The vessel shall be marked in accord- including appropriate evidentiary material, in which the Coast Guard is operating. Such ance with the FAO Standard Specifications relating to those activities; and Secretaries may by agreement utilize, on a for the Marking and Identification of Fishing (2) when such foreign vessel is voluntarily reimbursable basis or otherwise, the per- Vessels, or with regulations issued under sec- in a United States port, promptly notify the sonnel, services, equipment (including air- tion 305 of the Magnuson Fishery Conserva- flag nation and, if requested by the flag na- craft and vessels), and facilities of any other tion and Management Act (16 U.S.C. 1855); tion, make arrangements to undertake such Federal agency, or of any State agency, in and lawful investigatory measures as may be the performance of such duties. Such Secre- (2) The permit holder shall report such in- considered necessary to establish whether taries shall, and the head of any Federal or formation as the Secretary by regulation re- the vessel has been used contrary to the pro- State agency that has entered into an agree- quires, including area of fishing operations visions of the Agreement. ment with either such Secretary under this and catch statistics. The Secretary shall pro- (d) REGULATIONS.—The Secretary, after section may (if the agreement so provides), mulgate regulations concerning conditions consultation with the Secretary of State and authorize officers to enforce the provisions under which information submitted under the Secretary of the department in which of this title or any regulation or permit this paragraph may be released. the Coast Guard is operating, may promul- issued under this title. (e) FEES.— gate such regulations, in accordance with (b) DISTRICT COURT JURISDICTION.—The dis- (1) The Secretary shall by regulation es- section 553 of title 5, United States Code, as trict courts of the United States shall have tablish the level of fees to be charged for per- may be necessary to carry out the purposes exclusive jurisdiction over any case or con- mits issued under this section. The amount of the Agreement and this title. The Sec- troversy arising under the provisions of this of any fee charged for a permit issued under retary shall coordinate such regulations title. In the case of Guam, and any Common- this section shall not exceed the administra- with any other entities regulating high seas wealth, territory, or possession of the United tive costs incurred in issuing such permits. fishing vessels, in order to minimize duplica- States in the Pacific Ocean, the appropriate The permitting fee may be in addition to any tion of permit application and reporting re- court is the United States District Court for fee required under any regional permitting quirements. To the extent practicable, such the District of Guam, except that in the case regime applicable to high seas fishing ves- regulations shall also be consistent with reg- of American Samoa, the appropriate court is sels. ulations implementing fishery management the United States District Court for the Dis- (2) The fees authorized by paragraph (1) plans under the Magnuson Fishery Conserva- trict of Hawaii. shall be collected and credited to the Oper- tion and Management Act (16 U.S.C. 1801 et (c) POWERS OF ENFORCEMENT OFFICERS.— ations, Research and Facilities account of seq.). (1) Any officer who is authorized under the National Oceanic and Atmospheric Ad- (e) NOTICE OF INTERNATIONAL CONSERVATION subsection (a) to enforce the provisions of ministration. Fees collected under this sub- AND MANAGEMENT MEASURES.—The Sec- this title may— section shall be available for the necessary retary, in consultation with the Secretary of (A) with or without a warrant or other expenses of the National Oceanic and Atmos- State, shall publish in the Federal Register, process— pheric Administration in implementing this from time to time, a notice listing inter- (i) arrest any person, if the officer has rea- Act, and shall remain available until ex- national conservation and management sonable cause to believe that such person has pended. measures recognized by the United States. committed an act prohibited by paragraph (6), (7), (8), or (9) of section 106; (f) DURATION.—A permit issued under this SEC. 106. UNLAWFUL ACTIVITIES. (ii) board, and search or inspect, any high section is valid for 5 years. A permit issued It is unlawful for any person subject to the under this section is void in the event the seas fishing vessel; jurisdiction of the United States— (iii) seize any high seas fishing vessel (to- vessel is no longer eligible for United States (1) to use a high seas fishing vessel on the documentation, such documentation is re- gether with its fishing gear, furniture, ap- high seas in contravention of international purtenances, stores, and cargo) used or em- voked or denied, or the vessel is deleted from conservation and management measures de- such documentation. ployed in, or with respect to which it reason- scribed in section 105(e). ably appears that such vessel was used or SEC. 105. RESPONSIBILITIES OF THE SECRETARY. (2) to use a high seas fishing vessel on the employed in, the violation of any provision (a) RECORD.—The Secretary shall maintain high seas, unless the vessel has on board a of this title or any regulation or permit an automated file or record of high seas fish- valid permit issued under section 104; issued under this title; ing vessels issued permits under section 104, (3) to use a high seas fishing vessel in vio- (iv) seize any living marine resource (wher- including all information submitted under lation of the conditions or restrictions of a ever found) taken or retained, in any man- section 104(c)(2). permit issued under section 104; ner, in connection with or as a result of the (b) INFORMATION TO FAO.—The Secretary, (4) to falsify any information required to commission of any act prohibited by section in cooperation with the Secretary of State be reported, communicated, or recorded pur- 106; and the Secretary of the department in suant to this title or any regulation issued (v) seize any other evidence related to any which the Coast Guard is operating, shall— under this title, or to fail to submit in a violation of any provision of this title or any (1) make available to FAO information timely fashion any required information, or regulation or permit issued under this title; contained in the record maintained under to fail to report to the Secretary imme- (B) execute any warrant or other process subsection (a); diately any change in circumstances that issued by any court of competent jurisdic- (2) promptly notify FAO of changes in such has the effect of rendering any such information; and information; tion false, incomplete, or misleading; (C) exercise any other lawful authority. (3) promptly notify FAO of additions to or (5) to refuse to permit an authorized officer (2) Subject to the direction of the Sec- deletions from the record, and the reason for to board a high seas fishing vessel subject to retary, a person charged with law enforce- any deletion; such person’s control for purposes of con- ment responsibilities by the Secretary who (4) convey to FAO information relating to ducting any search or inspection in connec- is performing a duty related to enforcement any permit granted under section 104(b)(3), tion with the enforcement of this title or of a law regarding fisheries or other marine including the vessel’s identity, owner or op- any regulation issued under this title; resources may make an arrest without a erator, and factors relevant to the Sec- (6) to forcibly assault, resist, oppose, im- warrant for an offense against the United retary’s determination to issue the permit; pede, intimidate, or interfere with an au- States committed in his presence, or for a (5) report promptly to FAO all relevant in- thorized officer in the conduct of any search felony cognizable under the laws of the formation regarding any activities of high or inspection described in paragraph (5); United States, if he has reasonable grounds seas fishing vessels that undermine the effec- (7) to resist a lawful arrest or detention for to believe that the person to be arrested has tiveness of international conservation and any action prohibited by this section; committed or is committing a felony. management measures, including the iden- (8) to interfere with, delay, or prevent, by (d) ISSUANCE OF CITATIONS.—If any author- tity of the vessels and any sanctions im- any means, the apprehension, arrest, or de- ized officer finds that a high seas fishing ves- posed; and tection of another person, knowing that such sel is operating or has been operated in vio- (6) provide the FAO a summary of evidence person has committed any act prohibited by lation of any provision of this title, such of- regarding any activities of foreign vessels this section; ficer may issue a citation to the owner or op- that undermine the effectiveness of inter- (9) to ship, transport, offer for sale, sell, erator of such vessel in lieu of proceeding national conservation and management purchase, import, export, or have custody, under subsection (c). If a permit has been measures. control, or possession of, any living marine issued pursuant to this title for such vessel,

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9555 such officer shall note the issuance of any ci- effect or pending with respect to the vessel ited by paragraph (6), (7), (8), or (9) of section tation under this subsection, including the at the time of the transfer. The Secretary 106. date thereof and the reason therefor, on the may waive or compromise a sanction in the (b) PUNISHMENT.—Any offense described in permit. The Secretary shall maintain a case of a transfer pursuant to court order. subsection (a) is a class A misdemeanor pun- record of all citations issued pursuant to this (4) In the case of any permit that is sus- ishable by a fine under title 18, United States subsection. pended under this subsection for non- Code, or imprisonment for not more than one (e) LIABILITY FOR COSTS.—Any person as- payment of a civil penalty or criminal fine, year, or both; except that if in the commis- sessed a civil penalty for, or convicted of, the Secretary shall reinstate the permit sion of any offense the person uses a dan- any violation of this Act shall be liable for upon payment of the penalty or fine and in- gerous weapon, engages in conduct that the cost incurred in storage, care, and main- terest thereon at the prevailing rate. causes bodily injury to any authorized offi- tenance of any living marine resource or (5) No sanctions shall be imposed under cer, or places any such officer in fear of im- other property seized in connection with the this subsection unless there has been prior minent bodily injury, the offense is a felony violation. opportunity for a hearing on the facts under- punishable by a fine under title 18, United SEC. 108. CIVIL PENALTIES AND PERMIT SANC- lying the violation for which the sanction is States Code, or imprisonment for not more TIONS. imposed, either in conjunction with a civil than 10 years, or both. (a) CIVIL PENALTIES.— penalty proceeding under this section or oth- SEC. 110. FORFEITURES. (1) Any person who is found by the Sec- erwise. (a) IN GENERAL.—Any high seas fishing ves- retary, after notice and opportunity for a (c) HEARING.—For the purposes of con- sel (including its fishing gear, furniture, ap- hearing in accordance with section 554 of ducting any hearing under this section, the purtenances, stores, and cargo) used, and any title 5, United States Code, to have com- Secretary may issue subpoenas for the at- living marine resources (or the fair market mitted an act prohibited by section 106 shall tendance and testimony of witnesses and the value thereof) taken or retained, in any man- be liable to the United States for a civil pen- production of relevant papers, books, and ner, in connection with or as a result of the alty. The amount of the civil penalty shall documents, and may administer oaths. Wit- commission of any act prohibited by section not exceed $100,000 for each violation. Each nesses summoned shall be paid the same fees 106 (other than an act for which the issuance day of a continuing violation shall con- and mileage that are paid to witnesses in the of a citation under section 107 is a sufficient stitute a separate offense. The amount of courts of the United States. In case of con- sanction) shall be subject to forfeiture to the such civil penalty shall be assessed by the tempt or refusal to obey a subpoena served United States. All or part of such vessel Secretary by written notice. In determining upon any person pursuant to this subsection, may, and all such living marine resources (or the amount of such penalty, the Secretary the district court of the United States for the fair market value thereof) shall, be for- shall take into account the nature, cir- any district in which such person is found, feited to the United States pursuant to a cumstances, extent, and gravity of the pro- resides, or transacts business, upon applica- civil proceeding under this section. (b) JURISDICTION OF DISTRICT COURTS.—Any hibited acts committed and, with respect to tion by the United States and after notice to district court of the United States shall have the violation, the degree of culpability, any such person, shall have jurisdiction to issue jurisdiction, upon application of the Attor- history of prior offenses, and such other mat- an order requiring such person to appear and ney General on behalf of the United States, ters as justice may require. give testimony before the Secretary or to ap- to order any forfeiture authorized under sub- (2) The Secretary may compromise, mod- pear and produce documents before the Sec- ify, or remit, with or without conditions, section (a) and any action provided for under retary, or both, and any failure to obey such subsection (d). any civil penalty that is subject to imposi- order of the court may be punished by such (c) JUDGMENT.—If a judgment is entered for tion or that has been imposed under this sec- court as a contempt thereof. the United States in a civil forfeiture pro- tion. (d) JUDICIAL REVIEW.—Any person against ceeding under this section, the Attorney (b) PERMIT SANCTIONS.— whom a civil penalty is assessed under sub- General may seize any property or other in- (1) In any case in which— section (a) or against whose vessel a permit (A) a vessel of the United States has been terest declared forfeited to the United sanction is imposed under subsection (b) States, which has not previously been seized used in the commission of an act prohibited (other than a permit suspension for non- pursuant to this title or for which security under section 106; payment of penalty or fine) may obtain re- has not previously been obtained. The provi- (B) the owner or operator of a vessel or any view thereof in the United States district other person who has been issued or has ap- sions of the customs laws relating to— court for the appropriate district by filing a (1) the seizure, forfeiture, and condemna- plied for a permit under section 104 has acted complaint against the Secretary in such tion of property for violation of the customs in violation of section 106; or court within 30 days from the date of such law; (C) any amount in settlement of a civil for- penalty or sanction. The Secretary shall (2) the disposition of such property or the feiture imposed on a high seas fishing vessel promptly file in such court a certified copy proceeds from the sale thereof; and or other property, or any civil penalty or of the record upon which such penalty or (3) the remission or mitigation of any such criminal fine imposed on a high seas fishing sanction was imposed, as provided in section forfeiture; vessel or on an owner or operator of such a 2112 of title 28, United States Code. The find- shall apply to seizures and forfeitures in- vessel or on any other person who has been ings and order of the Secretary shall be set curred, or alleged to have been incurred, issued or has applied for a permit under any aside by such court if they are not found to under the provisions of this title, unless such fishery resource statute enforced by the Sec- be supported by substantial evidence, as pro- provisions are inconsistent with the pur- retary, has not been paid and is overdue, the vided in section 706(2) of title 5, United poses, policy, and provisions of this title. Secretary may— States Code. (d) PROCEDURE.— (i) revoke any permit issued to or applied (e) COLLECTION.— (1) Any officer authorized to serve any for by such vessel or person under this title, (1) If any person fails to pay an assessment process in rem that is issued by a court with or without prejudice to the issuance of of a civil penalty after it has become a final under section 107(b) shall— subsequent permits; and unappealable order, or after the appro- (A) stay the execution of such process; or (ii) suspend such permit for a period of (B) discharge any living marine resources priate court has entered final judgment in time considered by the Secretary to be ap- seized pursuant to such process; favor of the Secretary, the matter shall be propriate; referred to the Attorney General, who shall upon receipt of a satisfactory bond or other (iii) deny such permit; or security from any person claiming such (iv) impose additional conditions and re- recover the amount assessed in any appropriate district court of the United States. In property. Such bond or other security shall strictions on such permit. be conditioned upon such person delivering (2) In imposing a sanction under this sub- such action the validity and appropriateness of the final order imposing the civil penalty such property to the appropriate court upon section, the Secretary shall take into ac- order thereof, without any impairment of its count— shall not be subject to review. (2) A high seas fishing vessel (including its value, or paying the monetary value of such (A) the nature, circumstances, extent, and property pursuant to an order of such court. gravity of the prohibited acts for which the fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of Judgment shall be recoverable on such bond sanction is imposed; and or other security against both the principal (B) with respect to the violator, the degree an act prohibited by section 106 shall be liable in rem for any civil penalty assessed for and any sureties in the event that any condi- of culpability, any history of prior offenses, tion thereof is breached, as determined by such violation under subsection (a) and may and such other matters as justice may re- such court. be proceeded against in any district court of quire. (2) Any living marine resources seized pur- (3) Transfer of ownership of a high seas the United States having jurisdiction there- suant to this title may be sold, subject to fishing vessel, by sale or otherwise, shall not of. Such penalty shall constitute a maritime the approval of the appropriate court, for not extinguish any permit sanction that is in ef- lien on such vessel that may be recovered in less than the fair market value thereof. The fect or is pending at the , and Mr. @ time of an action in rem in the district court of the proceeds of any such sale shall be deposited transfer of ownership. Before executing the United States having jurisdiction over the with such court pending the disposition of transfer of ownership of a vessel, by sale or vessel. the matter involved. otherwise, the owner shall disclose in writ- SEC. 109. CRIMINAL OFFENSES. (e) REBUTTABLE PRESUMPTION.—For pur- ing to the prospective transferee the exist- (a) OFFENSES.—A person is guilty of an of- poses of this section, all living marine re- ence of any permit sanction that will be in fense if the person commits any act prohib- sources found on board a high seas fishing

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9556 CONGRESSIONAL RECORD — SENATE June 30, 1995

vessel and which are seized in connection (B) may be reappointed; and (b) OTHER AGENCIES.—The head of any Fed- with an act prohibited by section 106 are pre- (C) shall serve at the pleasure of the Sec- eral agency may— sumed to have been taken or retained in vio- retary. (1) cooperate in the conduct of scientific lation of this title, but the presumption can (d) ALTERNATE REPRESENTATIVES.— and other programs, and furnish facilities be rebutted by an appropriate showing of evi- (1) APPOINTMENT.—The Secretary may, for and personnel, for the purposes of assisting dence to the contrary. any anticipated absence of a duly appointed the Organization in carrying out its duties SEC. 111. EFFECTIVE DATE. Representative at a meeting of the Scientific under the Convention; and This title shall take effect 120 days after Council, designate an individual to serve as (2) accept reimbursement from the Organi- the date of enactment of this Act. an Alternate Representative. zation for providing such services, facilities, (2) FUNCTIONS.—An Alternate Representa- TITLE II—IMPLEMENTATION OF CON- and personnel. tive may exercise all powers and perform all VENTION ON FUTURE MULTILATERAL SEC. 206. RULEMAKING. duties of the Representative for whom the COOPERATION IN THE NORTHWEST AT- The Secretary shall promulgate regula- Alternate Representative is designated, at LANTIC FISHERIES tions as may be necessary to carry out the any meeting of the Scientific Council for purposes and objectives of the Convention SEC. 201. SHORT TITLE. which the Alternate Representative is des- This title may be cited as the ‘‘Northwest and this title. Any such regulation may be ignated. made applicable, as necessary, to all persons Atlantic Fisheries Convention Act of 1995’’. (e) EXPERTS AND ADVISERS.—The Commis- and all vessels subject to the jurisdiction of SEC. 202. REPRESENTATION OF UNITED STATES sioners, Alternate Commissioners, Rep- the United States, wherever located. UNDER CONVENTION. resentatives, and Alternate Representatives (a) COMMISSIONERS.— may be accompanied at meetings of the Or- SEC. 207. PROHIBITED ACTS AND PENALTIES. (1) APPOINTMENTS, GENERALLY.—The Sec- ganization by experts and advisers. (a) PROHIBITION.—It is unlawful for any retary shall appoint not more than 3 individ- (f) COORDINATION AND CONSULTATION.— person or vessel that is subject to the juris- uals to serve as the representatives of the (1) IN GENERAL.—In carrying out their func- diction of the United States— United States on the General Council and tions under the Convention, Commissioners, (1) to violate any regulation issued under the Fisheries Commission, who shall each— Alternate Commissioners, Representatives, this title or any measure that is legally (A) be known as a ‘‘United States Commis- and Alternate Representatives shall— binding on the United States under the Con- sioner to the Northwest Atlantic Fisheries (A) coordinate with the appropriate Re- vention; Organization’’; and gional Fishery Management Councils estab- (2) to refuse to permit any authorized en- (B) serve at the pleasure of the Secretary. lished by section 302 of the Magnuson Act (16 forcement officer to board a fishing vessel (2) REQUIREMENTS FOR APPOINTMENTS.— that is subject to the person’s control for (A) The Secretary shall ensure that of the U.S.C. 1852); and purposes of conducting any search or inspec- individuals serving as Commissioners— (B) consult with the committee established tion in connection with the enforcement of (i) at least 1 is appointed from among rep- under section 208. this title, any regulation issued under this resentatives of the commercial fishing indus- (2) RELATIONSHIP TO OTHER LAW.—The Fed- title, or any measure that is legally binding try; eral Advisory Committee Act (5 U.S.C. App.) (ii) 1 (but no more than 1) is an official of shall not apply to coordination and consulta- on the United States under the Convention; the Government; and tions under this subsection. (3) forcibly to assault, resist, oppose, im- (iii) 1, other than the individual appointed SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE. pede, intimidate, or interfere with any au- under clause (ii), is a voting member of the (a) RESTRICTION.—The Representatives thorized enforcement officer in the conduct New England Fishery Management Council. may not make a request or specification de- of any search or inspection described in para- (B) The Secretary may not appoint as a scribed in subsection (b)(1) or (2), respec- graph (2); Commissioner an individual unless the indi- tively, unless the Representatives have (4) to resist a lawful arrest for any act pro- vidual is knowledgeable and experienced con- first— hibited by this section; cerning the fishery resources to which the (1) consulted with the appropriate Regional (5) to ship, transport, offer for sale, sell, Convention applies. Fishery Management Councils; and purchase, import, export, or have custody, (3) TERMS.— (2) received the consent of the Commis- control, or possession of, any fish taken or (A) The term of an individual appointed as sioners for that action. retained in violation of this section; or a Commissioner— (b) REQUESTS AND TERMS OF REFERENCE DE- (6) to interfere with, delay, or prevent, by (i) shall be specified by the Secretary at SCRIBED.—The requests and specifications re- any means, the apprehension or arrest of an- the time of appointment; and ferred to in subsection (a) are, respectively— other person, knowing that the other person (ii) may not exceed 4 years. (1) any request, under Article VII(1) of the has committed an act prohibited by this sec- (B) An individual who is not a Government Convention, that the Scientific Council con- tion. official may not serve more than 2 consecu- sider and report on a question pertaining to (b) CIVIL PENALTY.—Any person who com- tive terms as a Commissioner. the scientific basis for the management and mits any act that is unlawful under sub- (b) ALTERNATE COMMISSIONERS.— conservation of fishery resources in waters section (a) shall be liable to the United (1) APPOINTMENT.—The Secretary may, for under the jurisdiction of the United States States for a civil penalty, or may be subject any anticipated absence of a duly appointed within the Convention Area; and to a permit sanction, under section 308 of the Commissioner at a meeting of the General (2) any specification, under Article VIII(2) Magnuson Act (16 U.S.C. 1858). Council or the Fisheries Commission, des- of the Convention, of the terms of reference (c) CRIMINAL PENALTY.—Any person who ignate an individual to serve as an Alternate for the consideration of a question referred commits an act that is unlawful under para- Commissioner. to the Scientific Council pursuant to Article graph (2), (3), (4), or (6) of subsection (a) shall (2) FUNCTIONS.—An Alternate Commis- VII(1) of the Convention. be guilty of an offense punishable under sec- sioner may exercise all powers and perform tion 309(b) of the Magnuson Act (16 U.S.C. all duties of the Commissioner for whom the SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION. 1859(b)). Alternate Commissioner is designated, at The Secretary of State may, on behalf of (d) CIVIL FORFEITURES.— any meeting of the General Council or the the Government of the United States— (1) IN GENERAL.—Any vessel (including its Fisheries Commission for which the Alter- (1) receive and transmit reports, requests, gear, furniture, appurtenances, stores, and nate Commissioner is designated. recommendations, proposals, and other com- cargo) used in the commission of an act that (c) REPRESENTATIVES.— munications of and to the Organization and is unlawful under subsection (a), and any fish (1) APPOINTMENT.—The Secretary shall appoint not more than 3 individuals to serve as its subsidiary organs; (or the fair market value thereof) taken or the representatives of the United States on (2) object, or withdraw an objection, to the retained, in any manner, in connection with the Scientific Council, who shall each be proposal of the Fisheries Commission; or as a result of the commission of any act (3) give or withdraw notice of intent not to known as a ‘‘United States Representative to that is unlawful under subsection (a), shall be bound by a measure of the Fisheries Com- the Northwest Atlantic Fisheries Organiza- be subject to seizure and forfeiture as pro- mission; tion Scientific Council’’. vided in section 310 of the Magnuson Act (16 (4) object or withdraw an objection to an (2) ELIGIBILITY FOR APPOINTMENT.— U.S.C. 1860). (A) The Secretary may not appoint an indi- amendment to the Convention; and (2) DISPOSAL OF FISH.—Any fish seized pur- vidual as a Representative unless the indi- (5) act upon, or refer to any other appro- suant to this title may be disposed of pursu- vidual is knowledgeable and experienced con- priate authority, any other communication ant to the order of a court of competent ju- cerning the scientific issues dealt with by referred to in paragraph (1). risdiction or, if perishable, in a manner pre- the Scientific Council. SEC. 205. INTERAGENCY COOPERATION. scribed by regulations issued by the Sec- (B) The Secretary shall appoint as a Rep- (a) AUTHORITIES OF SECRETARY.—In car- retary. resentative at least 1 individual who is an of- rying out the provisions of the Convention (e) ENFORCEMENT.—The Secretary and the ficial of the Government. and this title, the Secretary may arrange for Secretary of the department in which the (3) TERM.—An individual appointed as a cooperation with other agencies of the Coast Guard is operating shall enforce the Representative— United States, the States, the New England provisions of this title and shall have the au- (A) shall serve for a term of not to exceed and the Mid-Atlantic Fishery Management thority specified in sections 311(a), (b)(1), and 4 years, as specified by the Secretary at the Councils, and private institutions and orga- (c) of the Magnuson Act (16 U.S.C. 1861(a), time of appointment; nizations. (b)(1), and (c)) for that purpose.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9557

(f) JURISDICTION OF COURTS.—The district (2) COMMISSIONER.—The term ‘‘Commis- ‘‘(1) Within 6 months after the date of en- courts of the United States shall have exclu- sioner’’ means a United States Commissioner actment of the Atlantic Tunas Convention sive jurisdiction over any case or con- to the Northwest Atlantic Fisheries Organi- Authorization Act of 1995, the Secretary of troversy arising under this section and may, zation appointed under section 202(a). Commerce, in cooperation with the advisory at any time— (3) CONVENTION.—The term ‘‘Convention’’ committee established under section 4 of the (1) enter restraining orders or prohibitions; means the Convention on Future Multilat- Atlantic Tunas Convention Act of 1975 (16 (2) issue warrants, process in rem, or other eral Cooperation in the Northwest Atlantic U.S.C. 971b) and in consultation with the process; Fisheries, done at Ottawa on October 24, 1978. United States Commissioners on the Inter- (3) prescribe and accept satisfactory bonds (4) FISHERIES COMMISSION.—The term national Commission for the Conservation of or other security; and ‘‘Fisheries Commission’’ means the Fisheries Atlantic Tunas (referred to elsewhere in this (4) take such other actions as are in the in- Commission provided for by Articles II, XI, section as the ‘Commission’) and the Sec- terests of justice. XII, XIII, and XIV of the Convention. retary of State, shall develop and implement SEC. 208. CONSULTATIVE COMMITTEE. (5) GENERAL COUNCIL.—The term ‘‘General a comprehensive research and monitoring (a) ESTABLISHMENT.—The Secretary of Council’’ means the General Council pro- program to support the conservation and State and the Secretary, shall jointly estab- vided for by Article II, III, IV, and V of the management of Atlantic bluefin tuna and lish a consultative committee to advise the Convention. other highly migratory species that shall— Secretaries on issues related to the Conven- (6) MAGNUSON ACT.—The term ‘‘Magnuson ‘‘(A) identify and define the range of stocks tion. Act’’ means the Magnuson Fishery Conserva- of highly migratory species in the Atlantic (b) MEMBERSHIP.— tion and Management Act (16 U.S.C. 1801 et Ocean, including Atlantic bluefin tuna; and (1) The membership of the Committee shall seq.). ‘‘(B) provide for appropriate participation include representatives from the New Eng- (7) ORGANIZATION.—The term ‘‘Organiza- by nations which are members of the Com- land and Mid-Atlantic Fishery Management tion’’ means the Northwest Atlantic Fish- mission. Councils, the States represented on those eries Organization provided for by Article II ‘‘(2) The program shall provide for, but not Councils, the Atlantic States Marine Fish- of the Convention. be limited to— eries Commission, the fishing industry, the (8) PERSON.—The term ‘‘person’’ means any ‘‘(A) statistically designed cooperative tag- seafood processing industry, and others individual (whether or not a citizen or na- ging studies; knowledgeable and experienced in the con- tional of the United States), and any cor- ‘‘(B) genetic and biochemical stock anal- servation and management of fisheries in the poration, partnership, association, or other yses; Northwest Atlantic Ocean. entity (whether or not organized or existing ‘‘(C) population censuses carried out (2) TERMS AND REAPPOINTMENT.—Each under the laws of any State). through aerial surveys of fishing grounds member of the consultative committee shall (9) REPRESENTATIVE.—The term ‘‘Rep- and known migration areas; serve for a term of two years and shall be eli- resentative’’ means a United States Rep- ‘‘(D) adequate observer coverage and port gible for reappointment. resentative to the Northwest Atlantic Fish- sampling of commercial and recreational (c) DUTIES OF THE COMMITTEE.—Members of eries Scientific Council appointed under sec- fishing activity; the consultative committee may attend— tion 202(c). ‘‘(E) collection of comparable real-time (1) all public meetings of the General (10) SCIENTIFIC COUNCIL.—The term ‘‘Sci- data on commercial and recreational catches Council or the Fisheries Commission; entific Council’’ means the Scientific Coun- and landings through the use of permits, (2) any other meetings to which they are cil provided for by Articles II, VI, VII, VIII, logbooks, landing reports for charter oper- invited by the General Council or the Fish- IX, and X of the Convention. ations and fishing tournaments, and pro- (11) SECRETARY.—The term ‘‘Secretary’’ eries Commission; and grams to provide reliable reporting of the means the Secretary of Commerce. (3) all nonexecutive meetings of the United catch by private anglers; States Commissioners. SEC. 211. AUTHORIZATION OF APPROPRIATIONS. ‘‘(F) studies of the life history parameters (d) RELATIONSHIP TO OTHER LAW.—The Fed- There are authorized to be appropriated to of Atlantic bluefin tuna and other highly mi- eral Advisory Committee Act (5 U.S.C. App.) carry out this title, including use for pay- gratory species; shall not apply to the consultative comment as the United States contribution to ‘‘(G) integration of data from all sources mittee established under this section. the Organization as provided in Article XVI and the preparation of data bases to support SEC. 209. ADMINISTRATIVE MATTERS. of the Convention, $500,000 for each of the fis- management decisions; and cal years 1995, 1996, 1997, and 1998. (a) PROHIBITION ON COMPENSATION.—A per- ‘‘(H) other research as necessary. ‘‘(3) In developing a program under this son shall not receive any compensation from TITLE III—ATLANTIC TUNAS CONVENTION ACT section, the Secretary shall— the Government by reason of any service of ‘‘(A) ensure that personnel and resources of the person as— SEC. 301. SHORT TITLE. each regional research center shall have sub- (1) a Commissioner, Alternate Commis- This title may be cited as the ‘‘Atlantic stantial participation in the stock assess- sioner, Representative, or Alternative Rep- Tunas Convention Authorization Act of ments and monitoring of highly migratory resentative; 1995’’. species that occur in the region; (2) an expert or adviser authorized under SEC. 302. RESEARCH AND MONITORING ACTIVI- ‘‘(B) provide for comparable monitoring of section 202(e); or TIES. all United States fishermen to which the At- (3) a member of the consultative com- (a) REPORT TO CONGRESS.—The Secretary of lantic Tunas Convention Act applies with re- mittee established by section 208. Commerce shall, within 90 days after the spect to effort and species composition of (b) TRAVEL AND EXPENSES.—The Secretary date of enactment of this Act, submit a re- catch and discards; of State shall, subject to the availability of port to the Committee on Commerce, ‘‘(C) consult with relevant Federal and appropriations, pay all necessary travel and Science, and Transportation of the Senate State agencies, scientific and technical ex- other expenses of persons described in sub- and the Committee on Resources of the perts, commercial and recreational fisher- section (a)(1) and of not more than six ex- House of Representatives— men, and other interested persons, public perts and advisers authorized under section (1) identifying current governmental and and private, and shall publish a proposed 202(e) with respect to their actual perform- nongovernmental research and monitoring plan in the Federal Register for the purpose ance of their official duties pursuant to this activities on Atlantic bluefin tuna and other of receiving public comment on the plan; and title, in accordance with the Federal Travel highly migratory species; ‘‘(D) through the Secretary of State, en- Regulations and sections 5701, 5702, 5704 (2) describing the personnel and budgetary courage other member nations to adopt a through 5708, and 5731 of title 5, United resources allocated to such activities; and similar program.’’. States Code. (3) explaining how each activity contrib- SEC. 303. DEFINITIONS. (c) STATUS AS FEDERAL EMPLOYEES.—A per- utes to the conservation and management of Section 2 of the Atlantic Tunas Convention son shall not be considered to be a Federal Atlantic bluefin tuna and other highly mi- Act of 1975 (16 U.S.C. 971) is amended— (1) by designating paragraphs (3) through employee by reason of any service of the per- gratory species. (10) as (4) through (110, respectively, and inson in a capacity described in subsection (a), (b) RESEARCH AND MONITORING PROGRAM.— except for purposes of injury compensation serting after paragraph (2) the following; Section 3 of the Act of September 4, 1980 (16 ‘‘(3) The term ‘conservation recommenda- and tort claims liability under chapter 81 of U.S.C. 971i) is amended— tion’ means any recommendation of the title 5, United States Code, and chapter 17 of (1) by amending the section heading to Commission made pursuant to article VIII of title 28, United States Code, respectively. read as follows: the Convention and acted upon favorably by SEC. 210. DEFINITIONS. ‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MI- the Secretary of State under section 5(a) of In this title the following definitions GRATORY SPECIES.’’; this Act.’’; apply: (2) by striking the last sentence; (2) by striking paragraph (5), as redesig- (1) AUTHORIZED ENFORCEMENT OFFICER.— (3) by inserting ‘‘(a) BIENNIAL REPORT ON nated, and inserting the following: The term ‘‘authorized enforcement officer’’ BLUEFIN TUNA.—’’ before ‘‘The Secretary of ‘‘(4) The term ‘exclusive economic zone’ means a person authorized to enforce this Commerce shall’’; and means an exclusive economic zone as defined title, any regulation issued under this title, (4) by adding at the end the following: in section 3 of the Magnuson Fishery Con- or any measure that is legally binding on the ‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH servation and Management Act (16 U.S.C. United States under the Convention. AND MONITORING.— 1802).’’; and

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9558 CONGRESSIONAL RECORD — SENATE June 30, 1995 (3) by striking ‘‘fisheries zone’’ wherever it measures in place for reporting, monitoring, of highly migratory species (including tunas, appears in the Atlantic Tunas Convention and enforcement, and whether those meas- swordfish, marlin and sharks) from nations Act of 1975 (16 U.S.C. 971 et seq.) and insert- ures diminish the effectiveness of any con- fishing on Atlantic stocks of such species ing ‘‘exclusive economic zone’’. servation recommendation. that are subject to management by the Com- SEC. 304. ADVISORY COMMITTEE PROCEDURES. ‘‘(7) CONSULTATION.—Not later than 30 days mission; Section 4 of the Atlantic Tunas Convention after a Nation is notified under paragraph ‘‘(2) identifies those fishing nations whose Act of 1975 (16 U.S.C. 971b) is amended— (6), the President may enter into consulta- harvests are inconsistent with conservation (1) by inserting ‘‘(a)’’ before ‘‘There’’; and tions with the government of that Nation for and management recommendations of the (2) by adding at the end the following: the purpose of obtaining an agreement that Commission; ‘‘(b)(1) A majority of the members of the will— ‘‘(3) describes reporting requirements es- advisory committee shall constitute a ‘‘(A) effect the immediate termination and tablished by the Secretary to ensure that quorum, but one or more such members des- prevent the resumption of any fishing oper- imported fish products are in compliance ignated by the advisory committee may hold ation by vessels of that Nation within the with all international management meas- meetings to provide for public participation Convention area which is conducted in a ures, including minimum size requirements, and to discuss measures relating to the manner or under circumstances that dimin- established by the Commission and other United States implementation of Commis- ish the effectiveness of the conservation rec- international fishery organizations to which sion recommendations. ommendation; the United States is a party; and ‘‘(2) The advisory committee shall elect a ‘‘(B) when practicable, require actions by ‘‘(4) describes actions taken by the Sec- Chairman for a 2-year term from among its that Nation, or vessels of that Nation, to retary under section 6. members. mitigate the negative impacts of fishing op- ‘‘§ 12. Savings clause ‘‘(3) The advisory committee shall meet at erations on the effectiveness of the conserva- ‘‘Nothing in this Act shall have the effect appropriate times and places at least twice a tion recommendation involved, including but of diminishing the rights and obligations of year, at the call of the Chairman or upon the not limited to, the imposition of subsequent- any Nation under Article VIII(3) of the Con- request of the majority of its voting mem- year deductions for quota overages; and vention.’’. ‘‘(C) result in the establishment, if nec- bers, the United States Commissioners, the SEC. 309. MANAGEMENT OF ATLANTIC YEL- Secretary, or the Secretary of State. Meet- essary, by such nation of reporting, moni- LOWFIN TUNA. ings of the advisory committee, except when toring, and enforcement measures that are (a) Not later than 90 days after the date of in executive session, shall be open to the adequate to ensure the effectiveness of con- the enactment of this act, the Secretary of public, and prior notice of meetings shall be servation recommendations.’’. Commerce in accordance with this section made public in a timely fashion. SEC. 306. FINES AND PERMIT SANCTIONS. shall publish a preliminary determination of ‘‘(4)(A) The Secretary shall provide to the Section 7(e) of the Atlantic Tunas Conven- the level of the United States recreational advisory committee in a timely manner such tion Act of 1975 (16 U.S.C. 971(e)) is amended and commer cial catch of Atlantic yellowfin administrative and technical support serv- to read as follows: tuna on an annual basis since 1980. The Sec- ices as are necessary for the effective func- ‘‘(e) The civil penalty and permit sanctions retary shall publish a preliminary deter- tioning of the committee. of section 308 of the Magnuson Fishery Con- mination in the Federal Register for com- ‘‘(B) The Secretary and the Secretary of servation and Management Act (16 U.S.C. ment for a period not to exceed 60 days. The State shall furnish the advisory committee 1858) are hereby made applicable to viola- Secretary shall publish a final determination with relevant information concerning fish- tions of this section as if they were viola- not later than 140 days from the date of the eries and international fishery agreements. tions of section 307 of that Act.’’. enactment of this section. ‘‘(5) The advisory committee shall deter- SEC. 307. AUTHORIZATION OF APPROPRIATIONS. (b) Not later than July 1, 1996, the Sec- mine its organization, and prescribe its prac- Section 10 of the Atlantic Tunas Conven- retary of Commerce shall implement the rec- tices and procedures for carrying out its tion Act of 1975 (16 U.S.C. 971h) is amended to ommendations of International Commission functions under this Act, the Magnuson read as follows: for the Conservation of Atlantic Tunas re- Fishery Conservation and Management Act ‘‘AUTHORIZATION OF APPROPRIATIONS garding yellowfin tuna made pursuant to ar- (16 U.S.C. 1801 et seq.), and the Convention. ticle VIII of the International Convention for ‘‘SEC. 10. There are authorized to be appro- The advisory committee shall publish and the Conservation of Atlantic Tunas and priated to carry out this Act, including use make available to the public a statement of acted upon favorably by the Secretary of for payment of the United States share of its organization, practices, and procedures. State under section 5(a) of the Atlantic the joint expenses of the Commission as pro- ‘‘(6) The advisory committee shall, to the Tunas Convention Act of 1975 (16 U.S.C. vided in article X of the Convention, the fol- maximum extent practicable, consist of an 971c(a)). equitable balance among the various groups lowing sums: ‘‘(1) For fiscal year 1995, $4,103,000, of which SEC. 310. STUDY OF BLUEFIN TUNA REGULA- concerned with the fisheries covered by the TIONS. $50,000 are authorized in the aggregate for Convention and shall not be subject to the Not later than 270 days after the date of the advisory committee established under Federal Advisory Committee Act (5 U.S.C. enactment of this Act, the Secretary of Com- section 4 and the species working groups es- App.).’’. merce shall submit to the Committee on tablished under section 4A, and $2,890,000 are SEC. 305. REGULATIONS AND ENFORCEMENT OF Commerce, Science and Transportation of authorized for research activities under this CONVENTION. the Senate and to the Committee on Re- Act and the Act of September 4, 1980 (16 Section 6(c) of the Atlantic Tunas Conven- sources of the House of Representatives a re- U.S.C. 971i). tion Act of 1975 (16 U.S.C. 971d(c)) is amend- port on the historic rationale, effectiveness, ‘‘(2) For fiscal year 1996, $5,453,000, of which ed— and biological and economic efficiency of ex- $50,000 are authorized in the aggregate for (1) by inserting ‘‘AND OTHER MEASURES’’ isting bluefin tuna regulations for United such advisory committee and such working after ‘‘REGULATIONS’’ in the section caption; States Atlantic fisheries. Specifically, the groups, and $4,240,000 are authorized for such (2) by inserting ‘‘or fishing mortality biological rationale for each regional and research activities. level’’ after ‘‘quota of fish’’ in the last sen- category allocation, including directed and tence of paragraph (3); and ‘‘(3) For fiscal year 1997, $5,465,000 of which $62,000 are authorized in the aggregate for incidental categories, should be described in (3) by inserting the following after para- light of the average size, age, and maturity graph (5): such advisory committee and such working groups, and $4,240,000 are authorized for such of bluefin tuna caught in each fishery and ‘‘(6) IDENTIFICATION AND NOTIFICATION.— the effect of this harvest on stock rebuilding ‘‘(A) Not later than July 1, 1996, and annu- research activities.’’. ‘‘(4) For fiscal year 1998, $5,465,000 of which and sustainable yield. The report should ex- ally thereafter, the Secretary, in consulta- amine the history and evaluate the level of tion with the Secretary of State, the Com- $75,000 are authorized in the aggregate for such advisory committee and such working wasteful discarding, and evaluate the effec- missioners, and the advisory committee, tiveness of non-quota regulations at con- shall— groups, and $4,240,000 are authorized for such research activities.’’. straining harvests within regions. Further, ‘‘(i) identify those nations whose fishing comments should be provided on levels of vessels are fishing, or have fished during the SEC. 308. REPORT AND SAVINGS CLAUSE. participation in specific fisheries in terms of preceding calendar year, within the conven- The Atlantic Tuna Convention Act of 1975 vessels and trips, enforcement implications, tion area in a manner or under cir- (16 U.S.C. 971 et seq.) is amended by adding and the importance of monitoring informa- cumstances that diminish the effectiveness at the end thereof the following: tion provided by these allocations on the of a conservation recommendation; ‘‘§ 11. Annual report precision of the stock assessment estimates. ‘‘(ii) notify the President and the nation so ‘‘Not later than April 1, 1996, and annually SEC. 311. SENSE OF THE CONGRESS WITH RE- identified, including an explanation of the thereafter, the Secretary shall prepare and SPECT TO ICCAT NEGOTIATIONS. reasons therefor; and transmit to the Committee on Resources of (a) SHARING OF CONSERVATION BURDEN.—It ‘‘(iii) publish a list of those Nations identi- the House of Representatives and the Com- is the sense of the Congress that in future fied under subparagraph (A). mittee on Commerce, Science, and Transpor- negotiations of the International Commis- In identifying those Nations, the Secretary tation of the Senate a report, that— sion for the Conservation of Atlantic Tunas shall consider, based on the best available in- ‘‘(1) details for the previous 10-year period (hereafter in this section referred to as formation, whether those Nations have the catches and exports to the United States ‘‘ICATT’’), the Secretary of Commerce shall

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9559 ensure that the conservation actions rec- (9) the United States should review its cur- ‘‘(e) The Secretary of State shall take such ommended by international commissions rent policy with respect to anchorage by action as the Secretary deems appropriate to and implemented by the Secretary for commercial fishing vessels of Canada in wa- make and collect claims against the foreign United States commercial and recreational ters of the United States off Alaska, includ- country imposing such fee for any amounts fishermen provide fair and equitable sharing ing waters in and near the Dixon Entrance, reimbursed under this section. of the conservation burden among all con- and should accord such vessels the same ‘‘(f) For purposes of this section, the term tracting harvesters in negotiations with treatment that commercial fishing vessels of ‘owner’ includes any charterer of a vessel of those commissions. the United States are accorded for anchorage the United States.’’. (b) ENFORCEMENT PROVISIONS.—It is further in the waters of Canada off British Columbia; (b) The Fishermen’s Protective Act of 1967 the sense of the Congress that, during 1995 (10) the President should ensure that, con- (22 U.S.C. 1971 et seq.) is further amended by ICCAT negotiations on swordfish and other sistent with international law, the United adding at the end the following: Highly Migratory Species managed by States Coast Guard has available adequate ‘‘Sec. 12. (a) If the Secretary of State finds ICCAT, the Congress encourages the United resources in the Pacific Northwest and Alas- that the government of any nation imposes States Commissioners to add enforcement ka to provide for the safety of United States conditions on the operation or transit of provisions similar to those applicable to citizens, the enforcement of United States United States fishing vessels which the bluefin tuna. law, and to protect the rights of the United United States regards as being inconsistent (c) ENHANCED MONITORING.—It is further States and keep the peace among vessels op- with international law or an international the sense of the Congress that the National erating in disputed waters; agreement, the Secretary of State shall cer- Oceanic and Atmospheric Administration (11) the President should continue to re- tify that fact to the President. and the United States Customs Service view all agreements between the United ‘‘(b) Upon receipt of a certification under should enhance monitoring activities to as- States and Canada to identify other actions subsection (a), the President shall direct the certain what specific stocks are being im- that may be taken to convince Canada that heads of Federal agencies to impose similar ported into the United States and the coun- any reinstatement of the transit license fee conditions on the operation or transit of try of origin. would be against Canada’s long-term inter- fishing vessels registered under the laws of (d) MULTILATERAL ENFORCEMENT PROC- ests, and should immediately implement any the nation which has imposed conditions on ESS.—It is further the sense of the Congress actions which the President deems appro- United States fishing vessels. that the United States Commissioners priate if Canada reinstates the fee; ‘‘(c) For the purposes of this section, the should pursue as a priority the establish- (12) the President should continue to con- term ‘fishing vessel’ has the meaning given ment and implementation prior to December vey to Canada in the strongest terms that that term in section 2101(11a) of title 46, 31, 1996, an effective multilateral process the United States will not now, nor at any United States Code. that will enable ICCAT nations to enforce time in the future, tolerate any action by ‘‘(d) It is the sense of the Congress that the conservation recommendations of the Canada which would impede or otherwise re- any action taken by any Federal agency Commission. strict the right of passage of vessels of the under subsection (b) should be commensu- TITLE IV—FISHERMEN’S PROTECTIVE United States in a manner inconsistent with rate with any conditions certified by the ACT international law; and Secretary of State under subsection (a).’’. (13) the United States should continue its (c) Notwithstanding any other provision of SEC. 401. FINDINGS. efforts to seek expeditious agreement with law, the Secretary of State shall reimburse The Congress finds that— Canada on appropriate fishery conservation the owner of any vessel of the United States (1) customary international law and the and management measures that can be im- for costs incurred due to the seizure of such United Nations Convention on the Law of plemented through the Pacific Salmon Trea- vessel in 1994 by Canada on the basis of a the Sea guarantee the right of passage, in- ty to address issues of mutual concern. claim to jurisdiction over sedentary species cluding innocent passage, to vessels through SEC. 402. AMENDMENT TO THE FISHERMEN’S which was not recognized by the United the waters commonly referred to as the ‘‘In- PROTECTIVE ACT OF 1967. States at the time of such seizure. Any such side Passage’’ off the Pacific Coast of Can- (a) The Fishermen’s Protective Act 1967 (22 reimbursable under section 3 of the Fisher- ada; U.S.C. 1971 et seq.) is amended by adding at men’s Protective Act of 1967 (22 U.S.C. 1973), (2) in 1994 Canada required all commercial the end the following new section: legal fees and travel costs incurred by the fishing vessels of the United States to pay ‘‘Sec. 11. (a) In any case on or after June owner of any such vessel that were necessary 1,500 Canadian dollars to obtain a ‘‘license 15, 1994, in which a vessel of the United to secure the prompt release of the vessel which authorizes transit’’ through the Inside States exercising its right of passage is and crew. Total reimbursements under this Passage; charged a fee by the government of a foreign subsection may not exceed $25,000 and may (3) this action was inconsistent with inter- country to engage in transit passage between be made available from the unobligated bal- national law, including the United Nations points in the United States (including a ances of previously appropriated funds re- Convention on the Law of the Sea, and, in point in the exclusive economic zone or in an maining in the Fishermen’s Protective Fund particular, Article 26 of that Convention, area over which jurisdiction is in dispute), established under section 9 of the Fisher- which specifically prohibits such fees, and and such fee is regarded by the United States men’s Protective Act (22 U.S.C. 1979). threatened the safety of United States com- as being inconsistent with international law, SEC. 403. Reauthorization. mercial fishermen who sought to avoid the the Secretary of State shall, subject to the (a) Section 7(c) of the Fishermen’s Protec- fee by traveling in less protected waters; availability of appropriated funds, reimburse tive Act of 1967 (22 U.S.C. 1977(c)) is amended (4) the Fishermen’s Protective Act of 1967 the vessel owner for the amount of any such by striking the third sentence. provides for the reimbursement of vessel fee paid under protest. (b) Section 7(e) of the Fishermen’s Protec- owners who are forced to pay a license fee to ‘‘(b) In seeking such reimbursement, the tive Act of 1967 (22 U.S.C. 1977(e)) is amended secure the release of a vessel which has been vessel owner shall provide, together with by striking ‘‘October 1, 1993’’ and inserting seized, but does not permit reimbursement of such other information as the Secretary of ‘‘October 1, 2000’’. a fee paid by the owner in advance in order State may require— to prevent a seizure; ‘‘(1) a copy of the receipt for payment; SEC. 404. TECHNICAL CORRECTIONS. (5) Canada required that the license fee be ‘‘(2) an affidavit attesting that the owner (a)(1) Section 15(a) of Public Law 103–238 is paid in person in 2 ports on the Pacific Coast or the owner’s agent paid the fee under pro- amended by striking ‘‘April 1, 1994,’’ and in- of Canada, or in advance by mail; test; and serting ‘‘May 1, 1994.’’. (6) significant expense and delay was in- ‘‘(3) a copy of the vessel’s certificate of (2) The amendment made by paragraph (1) curred by commercial fishing vessels of the documentation. shall be effective on and after April 30, 1994. United States that had to travel from the ‘‘(c) Requests for reimbursement shall be (b) Section 803(13)(C) of Public Law 102–567 point of seizure back to one of those ports in made to the Secretary of State within 120 (16 U.S.C. 5002(13)(C)) is amended to read as order to pay the license fee required by Can- days after the date of payment of the fee, or follows: ada, and the costs of that travel and delay within 90 days after the date of enactment of ‘‘(C) any vessel supporting a vessel de- cannot be reimbursed under the Fishermen’s this section, whichever is later. scribed in subparagraph (A) or (B).’’. Protective Act; ‘‘(d) Such funds as may be necessary to TITLE V—FISHERIES ENFORCEMENT IN (7) the Fishermen’s Protective Act of 1967 meet the requirements of this section may CENTRAL SEA OF OKHOTSK should be amended to permit vessel owners be made available from the unobligated bal- to be reimbursed for fees required by a for- ance of previously appropriated funds re- SEC. 501. SHORT TITLE. eign government to be paid in advance in maining in the Fishermen’s Protective Fund This title may be cited as the ‘‘Sea of order to navigate in the waters of that for- established under section 9. To the extent Okhotsk Fisheries Enforcement Act of 1995’’. eign country if the United States considers that requests for reimbursement under this SEC. 502. FISHING PROHIBITION. that fee to be inconsistent with inter- section exceed such funds, there are author- (a) ADDITION OF CENTRAL SEA OF national law; ized to be appropriated such sums as may be OKHOTSK.—Section 302 of the Central Bering (8) the Secretary of State should seek to needed for reimbursements authorized under Sea Fisheries Enforcement Act of 1992 (16 recover from Canada any amounts paid by subsection (a), which shall be deposited in U.S.C. 1823 note) is amended by inserting the United States to reimburse vessel owners the Fishermen’s Protective Fund established ‘‘and the Central Sea of Okhotsk’’ after who paid the transit license fee; under section 9. ‘‘Central Bering Sea’’.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9560 CONGRESSIONAL RECORD — SENATE June 30, 1995

(b) DEFINITION.—Section 306 of such Act is United States Coast Guard, and other Fed- points under subsections (b)(1) and (3), who amended— eral agencies to detect, monitor, and prevent meets the same qualifications, to serve in (1) by redesignating paragraphs (2), (3), (4), violations of the United Nations moratorium the absence of the Panel member. The Gov- (5), and (6) as paragraphs (3), (4), (5), (6), and on large-scale driftnet fishing on the high ernor of the State of Alaska may designate (7), respectively; and seas for all fisheries under the jurisdiction of an alternative Panel member for the Panel (2) by inserting after paragraph (1) the fol- the United States and, in the case of fish- member appointed under subsection (b)(2), lowing: ‘‘(2) Central Sea of Okhotsk.—The term eries not under the jurisdiction of the United who meets the same qualifications, to serve ‘Central Sea of Okhotsk’ means the central States, to the fullest extent permitted under in the absence of that Panel member. Sea of Okhotsk area which is more than two international law. (d) TERM LENGTH.—Panel members and al- hundred nautical miles seaward of the base- TITLE VII—YUKON RIVER SALMON ACT ternate Panel members shall serve four-year line from which the breadth of the territorial SEC. 701. SHORT TITLE. terms. Any individual appointed to fill a va- sea of the Russian Federation is measured.’’. This title may be cited as the ‘‘Yukon cancy occurring before the expiration of any TITLE VI—DRIFTNET MORATORIUM River Salmon Act of 1995’’. term shall be appointed for the remainder of that term. SEC. 601. SHORT TITLE. SEC. 702. PURPOSES. This title may be cited as the ‘‘High Seas It is the purpose of this title— (e) REAPPOINTMENT.—Panel members and Driftnet Fishing Moratorium Protection (1) to implement the interim agreement for alternate Panel members shall be eligible for Act’’. the conservation of salmon stocks origi- reappointment. SEC. 602. FINDINGS. nating from the Yukon River in Canada (f) DECISIONS.—Decisions by the United The Congress finds that— agreed to through an exchange of notes be- States section of the Panel shall be made by (1) Congress has enacted and the President tween the Government of United States and the consensus of the Panel members ap- has signed into law numerous Acts to con- the Government of Canada on February 3, pointed under paragraphs (2) and (3) of sub- trol or prohibit large-scale driftnet fishing 1995: section (a). both within the jurisdiction of the United (2) to provide for representation by the (g) CONSULTATION.—In carrying out their States and beyond the exclusion economic United States on the Yukon River Panel es- functions under the Agreement, Panel mem- zone of any nation, including the Driftnet tablished under such agreement; and bers may consult with such other interested Impacting Monitoring, Assessment, and Con- (3) to authorize to be appropriated sums parties as they consider appropriate. trol Act of 1987 (Title IV, P.L. 100–220), the necessary to carry out the responsibilities of SEC. 705. ADVISORY COMMITTEE. Driftnet Act Amendments of 1990 (P.L. 101– the United States under such agreement. (a) APPOINTMENTS.—The Governor of Alas- 627), and the High Seas Driftnet Fisheries SEC. 703. DEFINITIONS. ka may appoint an Advisory Committee of Enforcement Act (Title I, P.L. 102–582); As used in this title— (2) the United States is a party to the Con- (1) The term ‘‘Agreement’’ means the in- not less than eight, but not more than vention for the Prohibition of Fishing with terim agreement for the conservation of twelve, individuals who are knowledgeable Long Driftnets in the South Pacific, also salmon stocks originating from the Yukon and experienced with regard to the salmon known as the Wellington Convention; River in Canada agreed to through an ex- fisheries on the Yukon River. At least 2 of (3) the General Assembly of the United Na- the Advisory Committee members shall be tions has adopted three resolutions and three change of notes between the Government of the United States and the Government of Alaska Natives. Members of the Advisory decisions which established and reaffirm a Committee may attend all meetings of the global moratorium on large-scale driftnet Canada on February 3, 1995. (2) The term ‘‘Panel’’ means the Yukon United States section of the Panel, and shall fishing on the high seas, beginning with Res- be given the opportunity to examine and be olution 44/225 in 1989 and most recently in River Panel established by the Agreement. (3) The term ‘‘Yukon River Joint Technical heard on any matter under consideration by Decision 48/445 in 1993; the United States section of the Panel. (4) the General Assembly of the United Na- Committee’’ means the technical committee (b) COMPENSATION.—The members of such tions adopted these resolutions and decisions established by paragraph C.2 of the Memo- advisory committee shall receive no com- at the request of the United States and other randum of Understanding concerning the Pa- pensation for their services. concerned nations; cific Salmon Treaty between the Govern- (5) the best scientific information dem- ment of the United States and the Govern- (c) TERM LENGTH.—Advisory Committee onstrates the wastefulness and potentially ment of Canada recorded January 28, 1985. members shall serve two-year terms. Any in- destructive impacts of large-scale driftnet SEC. 704. PANEL. dividual appointed to fill a vacancy occur- fishing on living marine resources and (a) REPRESENTATION.—The United States ring before the expiration of any term shall seabirds; and shall be represented on the Panel by six indi- be appointed for the remainder of that term. (6) Resolution 46/215 of the United Nations viduals, of whom— (d) REAPPOINTMENT.—Advisory Committee General Assembly calls on all nations, both (1) one shall be an official of the United members shall be eligible for reappointment. individually and collectively, to prevent States Government with expertise in salmon SEC. 706. EXEMPTION. large-scale driftnet fishing on the high seas. conservation and management; The Federal Advisory Committee Act (5 SEC. 603. PROHIBITION. (2) one shall be an official of the State of U.S.C. App.) shall not apply to the Panel, the The United States, or any agency or offi- Alaska with expertise in salmon conserva- Yukon River Joint Technical Committee, or cial acting on behalf of the United States, tion and management; and may not enter into any international agree- (3) four shall be knowledgeable and experi- the Advisory Committee created under sec- ment with respect to the conservation and enced with regard to the salmon fisheries on tion 705 of this title. management of living marine resources or the Yukon River. SEC. 707. AUTHORITY AND RESPONSIBILITY. the use of the high seas by fishing vessels (b) APPOINTMENTS.—Panel members shall (A) RESPONSIBLE MANAGEMENT ENTITY.— that would prevent full implementation of be appointed as follows: The State of Alaska Department of Fish and the global moratorium on large-scale (1) The Panel member described in sub- Game shall be the responsible management driftnet fishing on the high seas, as such section (a)(1) shall be appointed by the Sec- entity for the United States for the purposes moratorium is expressed in Resolution 46/215 retary of State. of the Agreement. of the United Nations General Assembly. (2) The Panel member described in sub- (b) EFFECT OF DESIGNATION.—The designa- SEC. 604. NEGOTIATIONS. section (a)(2) shall be appointed by the Gov- tion under subsection (a) shall not be consid- The Secretary of State, on behalf of the ernor of Alaska. ered to expand, diminish, or change the man- United States, shall seek to enhance the im- (3) The Panel members described in sub- agement authority of the State of Alaska or plementation and effectiveness of the United section (a)(3) shall be appointed by the Sec- the Federal government with respect to fish- Nations General Assembly resolutions and retary of State from a list of at least 3 indi- ery resources. decisions regarding the moratorium on viduals nominated for each position by the (c) RECOMMENDATIONS OF PANEL.—In addi- Governor of Alaska. The Governor of Alaska large-scale driftnet fishing on the high seas tion to recommendations made by the Panel may consider suggestions for nominations through appropriate international agree- to the responsible management entities in provided by organizations with expertise in ments and organizations. accordance with the Agreement, the Panel Yukon River salmon fisheries. The Governor SEC. 605. CERTIFICATION. may make recommendations concerning the The Secretary of State shall determine in of Alaska may make appropriate nomina- conservation and management of salmon writing prior to the signing or provisional tions to allow for, and the Secretary of State originating in the Yukon River to the De- application by the United States of any shall appoint, at least one member use sub- partment of Interior, Department of Com- international agreement with respect to the section (a)(3) who is qualified to represent merce, Department of State, North Pacific conservation and management of living ma- the interests of Lower Yukon River fishing Fishery Management Council, and other Fed- rine resources or the use of the high seas by districts, and at least one member who is eral or State entities as appropriate. Rec- fishing vessels that the prohibition con- qualified to represent the interests of Upper ommendations by the Panel shall be advi- tained in section 603 will not be violated if Yukon River fishing district. At least one of sory in nature. such agreement is signed or provisionally ap- the Panel members under subsection (a)(3) plied. shall be an Alaska Native. SEC. 708. CONTINUATION OF AGREEMENT. SEC. 606. ENFORCEMENT. (c) ALTERNATES.—The Secretary of State In the event that the Treaty between Can- The President shall utilize appropriate as- may designate an alternate Panel member ada and the United States of America con- sets of the Department of Defense, the for each Panel member the Secretary ap- cerning Pacific Salmon, signed at Ottawa,

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9561 January 28, 1985, terminates prior to the ter- United States in accordance with inter- those lands the mineral interest for which mination of the Agreement, and the func- national law, subject to the provisions of the are currently under mineral lease. tions of the Panel are assumed by the treaty and this Act, provided that no such (4) KONIAG.—The term ‘‘Koniag’’ means ‘‘Yukon River Salmon Commission’’ ref- vessel fishing in the Treaty Area inten- Koniag, Incorporated, which is a Regional erenced in the Agreement, the provisions of tionally deploys a purse seine net to encircle Corporation. this title which apply to the Panel shall any dolphin or other marine mammal in the (5) REGIONAL CORPORATION.—The term ‘‘Re- thereafter apply to the Yukon River Salmon course of fishing under the provisions of the gional Corporation’’ has the same meaning Commission, and the other provisions of this Treaty or this Act.’’. as is provided in section 3(g) of the Alaska title shall remain in effect. SEC. 802. FOREIGN FISHING FOR ATLANTIC HER- Native Claims Settlement Act (43 U.S.C. SEC. 709. ADMINISTRATIVE MATTERS. RING AND ATLANTIC MACKEREL. 1602(g)). (a) Panel members and alternate Panel Notwithstanding any other provision of (6) SECRETARY.—Except as otherwise pro- members who are not State or Federal em- law— vided, the term ‘‘Secretary’’ means the Sec- ployees shall receive compensation at the (1) no allocation may be made to any for- retary of the Interior. daily rate of GS–15 of the General Schedule eign nation or vessel under section 201 of the (7) SELECTION RIGHTS.—The term ‘‘selection when engaged in the actual performance of Magnuson Fishery Conservation and Man- rights’’ means those rights granted to duties. agement Act (16 U.S.C. 1801 et seq.) in any Koniag, pursuant to subsections (a) and (b) (b) Travel and other necessary expenses fishery for which there is not a fishery man- of section 12, and section 14(h)(8), of the shall be paid for all Panel members, alter- agement plan implemented in accordance Alaska Native Claims Settlement Act (43 nate Panel members, United States members with that Act; and U.S.C. 1611 and 1613(h)(8)), to receive title to of the Joint Technical Committee, and mem- (2) the Secretary of Commerce may not ap- the oil and gas rights and other interests in bers of the Advisory Committee when en- prove the portion of any permit application the subsurface estate of the approximately gaged in the actual performance of duties. submitted under section 204(b) of the Act 275,000 acres of public lands in the State of (c) Except for officials of the United States which proposes fishing by a foreign vessel for Alaska identified as ‘‘Koniag Selections’’ on Government, individuals described in sub- Atlantic mackerel or Atlantic herring un- the map entitled ‘‘Koniag Interest Lands, section (b) shall not be considered to be Fed- less— Alaska Peninsula,’’ dated May 1989. eral employees while engaged in the actual (A) the appropriate regional fishery man- SEC. 202. VALUATION OF KONIAG SELECTION performance of duties, except for the pur- agement council recommends under section RIGHTS. poses of injury compensation or tort claims 204(b)(5) of that Act that the Secretary ap- (a) Pursuant to the provisions of sub- liability as provided in chapter 81 of title 5, prove such fishing, and section (b) hereof, the Secretary shall value United States Code, and chapter 71 of title (B) the Secretary of Commerce includes in the selection rights which Koniag possesses 28, United States Code. the permit any conditions or restrictions within the boundaries of Aniakchak Na- SEC. 710. AUTHORIZATION OF APPROPRIATIONS. recommended by the appropriate regional tional Monument and Preserve, Alaska Pe- There are authorized to be appropriated fishery management council with respect to ninsula National Wildlife Refuge, and $4,000,000 for each fiscal year for carrying out such fishing. Becharof National Wildlife Refuge. (b) VALUE.— the purposes and provisions of the Agree- f (1) IN GENERAL.—The value of the selection ment and this title including— (1) necessary travel expenses of Panel THE ANAKTUVUK PASS LAND EX- rights shall be equal to the fair market value members, alternate Panel members, United CHANGE AND WILDERNESS RE- of— (A) the oil and gas interests in the lands or States members of the Joint Technical Com- DESIGNATION ACT OF 1995 interests in lands that are the subject of the mittee, and members of the Advisory Com- selection rights; and mittee in accordance with Federal Travel (B) in the case of the lands or interests in Regulations and sections 5701, 5702, 5704 MURKOSWKI (AND BREAUX) lands for which Koniag is to receive the en- through 5708, and 5731 of title 5, United AMENDMENT NO. 1489 tire subsurface estate, the subsurface estate States Code; of the lands or interests in lands that are the (2) the United States share of the joint ex- Mr. DOLE (for Mr. MURKOWSKI, for subject of the selection rights. penses of the Panel and the Joint Technical himself, and Mr. BREAUX) proposed an (2) APPRAISAL.— Committee, provided that Panel members amendment to the bill (H.R. 400) to (A) SELECTION OF APPRAISER.— and alternate Panel members shall not, with provide for the exchange of lands with- (i) IN GENERAL.—Not later than 90 days respect to commitments concerning the in Gates of the Arctic National Park after the date of enactment of this Act, the United States share of the joint expenses, be and Preserve, and for other purposes; Secretary and Koniag shall meet to select a subject to section 262(b) of title 22, United as follows: qualified appraiser to conduct an appraisal States Code, insofar as it limits the author- On page 12 of the reported measure, begin- of the selection rights. Subject to clause (ii), ity of United States representatives to inter- the appraiser shall be selected by the mutual national organizations with respect to such ning on line 13, delete all of Title II and insert in lieu thereof the following: agreement of the Secretary and Koniag. commitments; (ii) FAILURE TO AGREE.—If the Secretary TITLE II—ALASKA PENINSULA (3) not more than $3,000,000 for each fiscal and Koniag fail to agree on an appraiser by SUBSURFACE CONSOLIDATION year to the Department of the Interior and the date that is 60 days after the date of the to the Department of Commerce for survey, SEC. 201. DEFINITIONS. initial meeting referred to in clause (i), the restoration, and enhancement activities re- As used in this Act: Secretary and Koniag shall, by the date that lated to Yukon River salmon; and (1) AGENCY.—The term agency— is not later than 90 days after the date of the (4) $400,000 in each of fiscal years 1996, 1997, (A) means— initial meeting, each designate an appraiser 1998, and 1999 to be contributed to the Yukon (i) any instrumentality of the United who is qualified to perform the appraisal. River Restoration and Enhancement Fund States; and The 2 appraisers so identified shall select a and used in accordance with the Agreement. (ii) any Government corporation (as de- third qualified appraiser who shall perform TITLE VIII—MISCELLANEOUS fined in section 9101(1) of title 31 United the appraisal. SEC. 801. SOUTH PACIFIC TUNA AMENDMENT. States Code); and (B) STANDARDS AND METHODOLOGY.—The Section 9 of the South Pacific Tuna Act of (B) includes any element of an agency. appraisal shall be conducted in conformity 1988 (16 U.S.C. 973g) is amended by adding at (2) ALASKA NATIVE CORPORATION.—The term with the standards of the Appraisal Founda- the end thereof the following: ‘‘Alaska Native Corporation’’ has the same tion (as defined in section 1121(9) of the Fi- ‘‘(h) Notwithstanding the requirements meaning as is provided for ‘‘Native Corpora- nancial Institutions Reform, Recovery, and of— tion’’ in section 3(m) of the Alaska Native Enforcement Act of 1989 (12 U.S.C. 3350(9)). ‘‘(1) section 1 of the Act of August 26, 1983 Claims Settlement Act (43 U.S.C. 1602(m)). (C) SUBMISSION OF APPRAISAL REPORT.—Not (97 Stat. 587; 46 U.S.C. 12108); (3) FEDERAL LANDS OR INTEREST THEREIN— later than 180 days after the selection of an ‘‘(2) the general permit issued on December The term ‘‘Federal lands or interests there- appraiser pursuant to subparagraph (A), the 1, 1980, to the American Tunaboat Associa- in’’ means any lands or properties owned by appraiser shall submit to the Secretary and tion under section 104(h)(1) of the Marine the United States (i) which are administered to Koniag a written appraisal report speci- Mammal Protection Act (16 U.S.C. by the Secretary, or (ii) which are subject to fying the value of the selection rights and 1374(h)(1)); and a lease to third parties, or (iii) which have the methodology used to arrive at the value. ‘‘(3) sections 104(h)(2) and 306(a) of the Ma- been made available to the Secretary for ex- (3) DETERMINATION OF VALUE.— rine Mammal Protection Act (16 U.S.C. change under this section through the con- (A) DETERMINATION BY THE SECRETARY.— 1374(h)(2) and 1416(a))— currence of the director of the agency admin- Not later than 60 days after the date of the any vessel documented under the laws of the istering such lands or properties; provided, receipt of the appraisal report under para- United States as of the date of enactment of however, excluded from such lands shall be graph (2)(C), the Secretary shall determine the Fisheries Act of 1995 for which a license those lands which are within an existing con- the value of the selection rights and shall has been issued under subsection (a) may fish servation system unit as defined in section notify Koniag of the determination. for tuna in the Treaty Area, including those 102(4) of the Alaska National Interest Lands (B) ALTERNATIVE DETERMINATION OF waters subject to the jurisdiction of the Conservation Act (16 U.S.C. 3102(4)), and VALUE.—

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9562 CONGRESSIONAL RECORD — SENATE June 30, 1995

(i) IN GENERAL.—Subject to clause (ii), if equal in value to such payment which inter- drinking water for the region should the Koniag does not agree with the value deter- est shall not be subject to the provisions of Sterling Forest be developed. mined by the Secretary under subparagraph section 9(j). SEC. 303. PURPOSES. (A), the procedures specified in section 206(d) SEC. 204. CERTAIN CONVEYANCES. The purposes of this Title are— of the Federal Land Policy and Management (a) INTERESTS IN LAND.—For the purposes (1) to establish the Sterling Forest Reserve Act of 1976 (43 U.S.C. 1716(d)) shall be used to of section 21(c) of the Alaska Native Claims in the State of New York to protect the sig- establish the value. Settlement Act (43 U.S.C. 1620(e)), the re- nificant watershed, wildlife, and recreational (ii) AVERAGE VALUE LIMITATION.—The aver- ceipt of consideration, including, but not resources within the New York-New Jersey age value per acre of the selection rights limited to, lands, cash or other property, by highlands region; shall not be less than the value utilizing the a Native Corporation for the relinquishment (2) to authorize Federal funding, through risk adjusted discount cash flow method- to the United States of land selection rights the Department of the Interior, for a portion ology, but in no event may exceed $300. granted to any Native Corporation under of the acquisition costs for the Sterling For- SEC. 203. KONIAG EXCHANGE. such Act shall be deemed to be an interest in est Reserve; (a) IN GENERAL.— land. (3) to direct the Palisades Interstate Park (1) The Secretary shall enter into negotia- (b) AUTHORITY TO APPOINT AND REMOVE Commission to convey to the Secretary of tions for an agreement or agreements to ex- TRUSTEE.—In establishing a Settlement the Interior certain interests in lands ac- change Federal lands or interests therein Trust under section 39 of such Act (43 U.S.C. quired within the Reserve; and which are in the State of Alaska for the se- 1629c), Koniag may delegate, in whole or (4) to provide for the management of the lection rights. part, the authority granted to Koniag under Sterling Forest Reserve by the Palisades (2) if the value of the federal property to be subsection (b)(2) of such section to any enti- Interstate Park Commission. exchanged is less than the value of the selec- ty that Koniag may select without affecting SEC. 304 DEFINITIONS. tion rights established in Section 202, and if the status of the trust as a Settlement Trust In this Title. such federal property to be exchanged is not under such section. (1) COMMISSION.—The term ‘‘Commission’’ generating receipts to the federal govern- TITLE III—STERLING FOREST means the Palisades Interstate Park Com- mission established pursuant to Public Reso- ment in excess of one million dollars per SECTION 301. SHORT TITLE. year, than the Secretary may exchange the lution No. 65 approved August 19, 1937 (ch. This title may be cited as the ‘‘Sterling 707; 50 Stat. 719). federal property for that portion of the selec- Forest Protection Act of 1995’’. tion rights having a value equal to that of (2) RESERVE.—The term ‘‘Reserve’’ means SEC. 302. FINDINGS. the federal property. The remaining selec- the Sterling Forest Reserve. The Congress finds that— (3) SECRETARY.—The term ‘‘Secretary’’ tion rights shall remain available for addi- (1) the Palisades Interstate Park Commis- means the Secretary of the Interior. tional exchanges. sion was established pursuant to a joint reso- SEC. 305. ESTABLISHMENT OF THE STERLING (3) For the purposes of any exchange to be lution of the 75th Congress approved in 1937 consummated under this Title II, if less than FOREST RESERVE. (Public Resolution No. 65; ch. 706; 50 Stat. (A) ESTABLISHMENT.—Upon the certifi- all of the selection rights are being ex- 719), and chapter 170 of the Laws of 1937 of cation by the Commission to the Secretary changed, then the value of the selection the State of New York and chapter 148 of the that the Commission has acquired sufficient rights being exchanged shall be equal to the Laws of 1937 of the State of New Jersey; lands or interests therein to constitute a number of acres of selection rights being ex- (2) the Palisades Interstate Park Commis- manageable unit, there is established the changed multiplied by a fraction, the numer- sion is responsible for the management of 23 Sterling Forest Reserve in the State of New ator of which is the value of all the selection parks and historic sites in New York and York. rights as determined pursuant to Section 202 New Jersey, comprising over 82,000 acres; (b) MAP.— hereof and the denominator of which is the (3) over 8,000,000 visitors annually seek out- (1) COMPOSITION.—The Reserve shall con- total number of acres of selection rights. door recreational opportunities within the sist of lands and interests therein acquired DDITIONAL EXCHANGES.—If, after ten (b) A Palisades Park System; by the Commission with the approximately years from the date of enactment of this Act, (4) Sterling Forest is a biologically diverse 17,500 acres of lands as generally depicted on the Secretary has been unable to conclude open space on the New Jersey border com- the map entitled ‘‘Boundary Map, Sterling such exchanges as may be required to ac- prising approximately 17,500 acres, and is a Forest Reserve’’, numbered SFR–60,001 and quire all of the selection rights, he shall con- highly significant watershed area for the dated July 1, 1994. clude exchanges for the remaining selection State of New Jersey, providing the source for (2) AVAILABILITY FOR PUBLIC INSPECTION.— rights for such federal property as may be clean drinking water for 25 percent of the The map described in paragraph (1) shall be identified by Koniag, which property is State; on file and available for public inspection in available for transfer to the administrative (5) Sterling Forest is an important outdoor the offices of the Commission and the appro- jurisdiction of the Secretary under any pro- recreational asset in the northeastern priate offices of the National Park Service. vision of law and which property, at the time United States, within the most densely popu- (c) TRANSFER OF FUNDS.—Subject to sub- of the proposed transfer to Koniag is not lated metropolitan region in the Nation; jection (d), the Secretary shall transfer to generating receipts to the federal govern- (6) Sterling Forest supports a mixture of the Commission such funds as are appro- ment in excess of one million dollars per hardwood forests, wetlands, lakes, glaciated priated for the acquisition of lands and inter- year. The Secretary shall keep Koniag ad- valleys, is strategically located on a wildlife ests therein within the Reserve. vised in a timely manner as to which prop- migratory route, and provides important (d) CONDITIONS OF FUNDING.— erties may be available for such transfer. habitat for 27 rare or endangered species; (1) AGREEMENT BY THE COMMISSION.—Prior Upon receipt of such identification by (7) the protection of Sterling Forest would to the receipt of any Federal funds author- Koniag, the Secretary shall request in a greatly enhance the Appalachian National ized by this Act, the Commission shall agree timely manner the transfer of such identified Scenic Trail, a portion of which passes to the following: property to the administrative jurisdiction through Sterling Forest, and would provide (A) CONVEYANCE OF LANDS IN EVENT OF of the Department of the Interior. Such for enhanced recreational opportunities FAILURE TO MANAGE.—If the Commission fails property shall not be subject to the geo- through the protection of lands which are an to manage the lands acquired within the Re- graphic limitations of section 206(b) of the integral element of the trail and which serve in a manner that is consistent with Federal Land Policy and Management Act would protect important trail viewsheds; this title, the Commission shall convey fee and may be retained by the Secretary solely (8) stewardship and management costs for title to such lands to the United States, and for the purposes of transferring it to Koniag units of the Palisades Park System are paid the agreement stated in this subparagraph to complete the exchange. Should the value for by the States of New York and New Jer- shall be recorded at the time of purchase of of the property so identified by Koniag be in sey; thus, the protection of Sterling Forest all lands acquired within the Reserve. excess of the value of the remaining selec- through the Palisades Interstate Park Com- (B) CONSENT OF OWNERS.—No lands or inter- tion rights, then Koniag shall have the op- mission will involve a minimum of Federal est in land may be acquired with any Federal tion of (i) declining to proceed with the ex- funds; funds authorized or transferred pursuant to change and identifying other property or (ii) (9) given the nationally significant water- this title except with the consent of the paying the difference in value between the shed, outdoor recreational, and wildlife owner of the land or interest in land. property rights. qualities of Sterling Forest, the demand for (C) INABILITY TO ACQUIRE LANDS.—If the (c) REVENUES.—Any property received by open space in the northeastern United Commission is unable to acquire all of the Koniag in an exchange entered into pursuant States, and the lack of open space in the lands within the Reserve, to the extent Fed- to subsection (a) or (b) of this section shall densely populated tri-state region, there is a eral funds are utilized pursuant to this title, be deemed to be an interest in the subsurface clear Federal interest in acquiring the Ster- the Commission shall acquire all or a portion for purposes of section 7(i) of the Alaska Na- ling forest for permanent protection of the of the lands identified as ‘‘National Park tive Claims Settlement Act (43 U.S.C. 1601, et watershed, outdoor recreational resources, Service Wilderness Easement Lands’’ and seq.); provided, however, should Koniag make flora and fauna, and open space; and ‘‘National Park Service Conservation Ease- a payment to equalize the value in any such (10) such an acquisition would represent a ment Lands’’ on the map described in section exchange, then Koniag will be deemed to cost effective investment, as compared with 305(b) before proceeding with the acquisition hold an undivided interest in the property the costs that would be incurred to protect of any other lands within the Reserve.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9563 (D) CONVEYANCE OF EASEMENT.—Within 30 lected from over 10,000 nominations na- of commitment to true democracy, or days after acquiring any of the lands identi- tionwide. His academic achievement that the administration’s policy there fied as ‘‘National Park Service Wilderness recently earned him his school’s Most has failed. Far from it. Easement Lands’’ 29 and ‘‘National Park Outstanding Sophomore Boy Award. Let us be realistic. Haiti is the poor- Service Conservation Easement Lands’’ on the map described in section 305(b), the Com- However, the scholarship program rec- est country in this hemisphere. So mission shall convey to the United States— ognizes that not every student’s ac- many people are illiterate that the bal- (i) conservation easements on the lands de- complishments can be measured in lots had to carry symbols to identify scribed as ‘‘National Park Service Wilder- grade points alone. Achievements in the different parties. Many villages ness Easement Lands’’ on the map described community service, leadership, special cannot be reached by road at all. The in section 305(b), which easements shall pro- talents, unique endeavors, and obsta- only highway across the country is lit- vide that the lands shall be managed to pro- cles overcome are also considered. erally impassible except by 4-wheel- tect their wilderness character; and Danny is an active member in several drive. Most of the people have had no (ii) conservation easements on the lands described as ‘‘National Park Service Con- student organizations and is an accom- experience at all with democracy and servation Easement Lands’’ on the map de- plished vocalist. He has performed in have only the vaguest notion of what it scribed in section 305(b), which easements three school musicals, with an honor means and how it should work. shall restrict and limit development and use choir and with the National 4–H Choir. In a country like Haiti today, the of the property to that development and use He created a Wildlife Club for young conduct of elections cannot possibly be that is— people and coordinated a shooting perfect. Some mistakes and mal- (I) compatible with the protection of the sports safety day attended by more practice are inevitable. Appalachian National Scenic Trail; and than 60 local sportsmen. But one must start somewhere, and (II) consistent with the general manage- But most impressive is Danny’s fight the fact that these elections were held ment plan prepared pursuant to section 306(b). against Ewing’s sarcoma. His recovery at all is an important achievement. (2) MATCHING FUNDS.—Funds may be trans- inspired him to present an hour long Even more important, indeed historic, ferred to the Commission only to the extent wildlife program to 450 cancer patients is that fact that there was practically that they are matched from funds contrib- in Denver’s Children’s Hospital and to no violence. We should remember past uted by non-Federal sources. develop a newsletter and games which elections in that country, where the SEC. 306. MANAGEMENT OF THE RESERVE. he regularly sends to hospitalized chil- Government and its armed thugs in- (a) IN GENERAL.—The Commission shall dren. In addition, he conducted a 3-year timidated, beat, and murdered in cold manage the lands acquired within the Re- science project centered on treatments blood people waiting in line to vote. serve in a manner that is consistent with the for chemotherapy-induced mouth sores. The real question, Mr. President, is Commission’s authorities and with the pur- Danny intends to study biology in col- whether the Haitian people are satis- poses of this title. lege, and hopes to become a dentist. fied. My perception is that the vast (b) GENERAL MANAGEMENT PLAN.—Within 3 Thank you Discover Card Services, majority of the Haitian people feel that years after the date of enactment of this title, the Commission shall prepare a general Inc., for making a strong commitment they took an important step forward management plan for the Reserve and sub- to helping our young people reach their with this election, and one more step mit the plan to the Secretary for approval. dreams and be better prepared for the away from the atrocities of the past. SEC. 307. AUTHORIZATION OF APPROPRIATIONS. challenges of tomorrow. Congratula- We owe it to those people now to help (a) IN GENERAL.—There are authorized to tions, once again, to Danny McDonnall. them get to work on the next step. be appropriated such sums as are necessary We can all learn from his superb lead- I want to commend President Clin- to carry out this title, to remain available ership and fortitude.∑ ton, General Shalikashvili, who has until expended. f been to Haiti many times over the past (b) LAND ACQUISITION.—Of amounts appro- couple of years, Secretary Christopher priated pursuant to subsection (a), the Sec- AN IMPORTANT STEP FOR and others, who had the patience and retary may transfer to the Commission not DEMOCRACY IN HAITI sense of history to devote the attention more than $17,500,000 for the acquisition of ∑ Mr. LEAHY. Mr. President, last Sun- lands and interests in land within the Re- and effort that they have to the cause serve. day, the Republic of Haiti held par- of democracy in Haiti. liamentary and local elections. These In a hemisphere where the trend is f were the first elections in Haiti since decidedly in favor of elected civilian AUTHORITY FOR COMMITTEES TO the United States forced Raoul Cedras government, I do not believe the MEET and his henchmen to abandon power United States could ignore the bru- and allow the return of democratically tality in Haiti. Our resolve there in COMMITTEE ON FOREIGN RELATIONS elected President Jean-Bertrand support of the Haitian people’s yearn- Mr. DOLE. Mr. President, I ask unan- Aristide last fall. ing for a better life, has sent a strong imous consent that the Committee on These elections were the first test of signal in support of democratic govern- Foreign Relations be authorized to President Aristide’s commitment to es- ment throughout the hemisphere.∑ meet during the session of the Senate tablish real democracy in Haiti, and f on Friday, June 30, 1995, at 10:30 a.m. they were watched closely by the inter- The PRESIDING OFFICER. Without national community. NOMINATION OF DR. HENRY FOS- objection, it is so ordered. Mr. President, the elections were far TER TO BE SURGEON GENERAL f from perfect. The selection of can- ∑ Mr. ABRAHAM. Mr. President, last didates leading up to the election was week the Senate conducted two cloture ADDITIONAL STATEMENTS not as open, well-organized, and impar- votes on the nomination of Dr. Henry tial as many of us would have liked. Foster to be Surgeon General of the Some voting stations opened late. United States. As a member of the Sen- CONGRATULATIONS TO DANNY Some station workers were not paid ate Committee on Labor and Human MCDONNALL their promised salaries and did not exe- Resources, I was already on record in ∑ Mr. BROWN. Mr. President, I rise to cute their responsibilities conscien- opposition to the nomination. How- congratulate Danny McDonnall of tiously. Some voters were not given ever, for the benefit of my colleagues Lamar, CO, for winning a $10,000 Dis- full privacy in voting and there were and my constituents, I wanted to once cover Card Tribute Award scholarship. some reports of voter intimidation. again outline my reasons for opposing The scholarship, sponsored by Discover Some ballots were lost or miscounted. Dr. Foster and why I voted against clo- Card Services, Inc., in cooperation with These irregularities were unfortu- ture. the American Association of School nate, although given Haiti’s tragic his- At the outset of this nomination, I Administrators, are awarded to out- tory, not unexpected. But the fact that chose to reserve final judgment on Dr. standing high school juniors in the these elections were imperfect in no Foster’s qualifications to serve as Sur- United States. way confirms, as some would suggest, geon General until he had an oppor- Danny attends Lamar High School that President Aristide and his govern- tunity to appear before the Labor Com- and is 1 of the 9 national winners se- ment are insincere in their expressions mittee and address my concerns and

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9564 CONGRESSIONAL RECORD — SENATE June 30, 1995 the concerns of other Senators and As I have said, following our experience teen pregnancy, and on other crucial until I had an opportunity to review with Dr. Elders, I think most Ameri- health and social issues as well. Where the entire record. cans believe we should find someone I believe we differ is on the level of re- After careful thought and consider- for this position who can serve as a sponsibility we think parents should ation during the Labor Committee’s unifying force on the critical health have in these areas and the steps each deliberations, I decided that I could not care issues confronting or Nation. I of us is prepared to take to achieve pa- support Dr. Foster’s nomination. I was concerned that, because of his past rental involvement. The question is: came to this conclusion for three rea- practices, many would not at first Would Dr. Foster, as Surgeon General, sons: First, I have serious doubts about blush choose Dr. Foster to be their throw the moral authority of his office whether Dr. Foster can unify the physician. Therefore, at the confirma- behind such initiatives? American people behind important nation hearings I asked Dr. Foster how he By most accounts, Dr. Joycelyn El- tional health policies. Second, I am would try to restore this confidence in ders dismissed parents altogether from troubled about where Dr. Foster comes his ability to serve as the Nation’s doc- playing any role in the sexual edu- down on the continuum which places tor and how he would do it. Regret- cation and development of their chil- parents’ rights and responsibilities on tably, Dr. Foster could not seem to re- dren. Dr. Foster, it appears, believes one end and the State on the other. late to this request; his response bor- that parental involvement is some- And third, I believe serious credibility dered on the dismissive. thing to be desired and encouraged, but questions regarding this nomination Mr. President, I did not expect Dr. because of the positions he has taken continued to exist. And for reasons I Foster to change his views. But I did and will presumably continue to advo- shall elaborate upon later, I ultimately expect, or at least hope, that he would cate, he will send a different, con- came to believe that in this instance, have a plan to unify people and reach tradictory signal. extended debate of this nomination was out to those who—at the outset—were We need a Surgeon General who rec- necessary and appropriate. worried about his selection, but he did ognizes that parents must become very Now let me just add that Dr. Foster not. Indeed, he did not offer a single involved and will take positions that obviously is dedicated to serving oth- idea concerning how he might address are consistent with that philosophy. ers. He tended the health care needs of his challenge—not speeches, not meet- Mr. President, the final concern I thousands of poor, rural women in the ings, nothing. I feel in a position as have, and the one which not only leads still segregated Deep South of the late sensitive as this we need someone who me to oppose this nomination but to 1960’s and early 1970’s. He taught at and would work hard to bring people to- vote against cutting off debate, is the helped run a historically black medical gether. Dr. Foster offered no commit- issue of Dr. Foster’s credibility. In school which provides 40 percent of the ment or dedication to pursue such an order to succeed, a surgeon general re- black doctors in America. And he objective. I believe that was a mistake. quires one asset above all others: ut- helped the youth of Nashville bridge Mr. President, this brings me to an- most credibility. But Dr. Foster’s the sometimes cavernous gap between other area of concern that I have spe- credibility has been seriously com- a life of poverty and a life of education, cifically expressed from the outset: I promised in several ways. A major economic advancement and social ac- have been worried about where Dr. Fos- credibility problem arose from Dr. Fos- complishment. In all these endeavors, ter comes down on the continuum ter’s stewardship of the ‘‘I Have a Fu- Dr. Foster has exhibited the finest which places parents’ rights and re- ture’’ Program. When announcing the qualities of civic duty and selfless pub- sponsibilities on one end and the State selection of Dr. Foster as his nominee, lic service. On that basis alone, one has on the other. Traveling throughout President Clinton spoke of the doctor’s to admire him. Nevertheless, in each of Michigan during my campaign I re- work in this program and its emphasis the areas I cited earlier, Dr. Foster was peatedly heard parents strongly ex- on reducing teen pregnancy. The Presi- unable to allay my concerns. press two messages: They were con- dent cited these as primary reasons for Mr. President, the first concern I cerned about the breakdown of the selecting Dr. Foster. The H.H.S. press have relates to what I perceive as this family unit and the consequences they release sent out that same day stated, nominee’s inability to serve as a uni- viewed as emanating from that trend: ‘‘The program stresses abstinence fier, bringing Americans together be- teenage pregnancy, drug and alcohol ***.’’ hind key public health principles. I abuse, and crime. And they were con- Dr. Foster himself, during a Feb- have repeatedly expressed my worry re- cerned about the degree to which Gov- ruary 8 ‘‘Nightline’’ broadcast, pro- garding Dr. Foster’s suitability to re- ernment’s attempts to solve these claimed, ‘‘I favor abstinence. Absti- place Dr. Joycelyn Elders. Given the problems, often exacerbating them in nence, that’s what I favor. That’s the extremely turbulent and divisive na- the process, pushed more traditional bedrock of our program.’’ But there has ture of Dr. Elders’ service as Surgeon support systems such as families, rel- been no concrete evidence presented to General, it came somewhat as a shock atives, and community out of the equa- support that assertion. to me—and I think to many others as tion. It came as a great surprise to every- well—that the administration would Now I realize that some will say this one on the committee, I think, when select someone to replace her whose is a little old-fashioned in the genera- neither the administration, the nomi- background would create anxiety tion X world of post-modern morality, nee, nor the ‘‘I Have A Future’’ Pro- among many Americans. I have never but I want the Federal Government’s gram could produce the much-heralded felt that Dr. Foster’s background as an chief health spokesman out in front on abstinence brochures supposedly dis- ob-gyn or his pro-choice views dis- this issue, leading the fight to involve tributed during Dr. Foster’s service as qualify him for serving as Surgeon parents more directly in their chil- director. Nor was any other evidence General. However, I believe that the dren’s lives and resisting further Gov- forthcoming that abstinence was the fact that Dr. Foster personally has per- ernment usurpation of parents’ respon- bedrock principle of the program. formed abortions creates a different sibilities. Regrettably, Dr. Foster’s ac- After repeated requests to the admin- sort of burden on his nomination. tions and positions have led me to con- istration and to Dr. Foster for those Dr. Foster has said that he wants to clude that he could not fulfill this role. materials, the only abstinence bro- be seen as the Nation’s doctor, but his For example, Dr. Foster stated dur- chures which were ever produced were past actions will cause many Ameri- ing the hearing that he opposed laws those which Senator DODD distributed cans to shrink from thinking of him in requiring parental notification when at the hearing. And, as everybody that role. This would not matter if the contraceptives are provided to minors. knows, those brochures turned out to position involved were managerial or And Dr. Foster has a history of opposi- have been published earlier this year— technical; but it is not. tion to parental consent laws in the long after Dr. Foster had ended his di- The Surgeon General’s role is almost case of minors seeking an abortion, rect supervision of the ‘‘I Have A Fu- exclusively that of a public educator. even those with judicial bypass provi- ture’’ Program. There are other rea- He has a bully pulpit that must be used sions. sons to doubt assertions that the ‘‘I to bring Americans together behind Mr. President, I share Dr. Foster’s Have A Future’’ Program had absti- improved medical and health practices. view on the importance of preventing nence as its ‘‘bedrock’’ principle.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9565 In an article written by Dr. Foster actually performed over the years. The different portions of the meeting and and two of his colleagues for the sum- White House originally told the chair- were corrected on the spot. Addition- mer 1990 issue of the ‘‘Journal of man of the Labor Committee that Dr. ally, in response to my written ques- Health Care for the Poor and Under- Foster had only performed one abortions, Dr. Foster did not deny other reserved,’’ entitled ‘‘A Model for Increas- tion. Then Dr. Foster issued a written marks about amniocentesis and thera- ing Access: Teenage Pregnancy Preven- statement claiming he had performed peutic abortions attributed to him in tion,’’ the authors clearly stated that less than a dozen abortions. Days later, the transcript. In fact, he admitted to the ‘‘I Have A Future’’ Program places on ‘‘Nightline,’’ Dr. Foster changed his having performed ‘‘therapeutic abor- considerable emphasis on widespread position and stated that he had per- tions’’ after diagnosing genetic dis- distribution of contraceptives to teen- formed 39 abortions since 1973. During orders in unborn babies. This revela- agers. This article and other ‘‘I Have A the Labor Committee hearings he ad- tion conflicted with Dr. Foster’s pre- Future’’ materials make clear that re- mitted that he had performed a 40th— vious assertions about what was said at ducing pregnancy among sexually ac- albeit a ‘‘pregnancy termination’’—per- the meeting and raised even further tive teens was the primary focus of the formed before 1973. During the same questions in my mind about Dr. Fos- program, not promoting abstinence. ‘‘Nightline’’ broadcast, Dr. Foster also ter’s credibility. Mr. President, I find it difficult to be- was asked whether he was including in Mr. President, on the matters I have lieve that Dr. Foster and the adminis- this count the 59 abortions obtained by just outlined, I believe Dr. Foster’s tration would fail to provide docu- women participating in a clinical trial credibility has been seriously damaged. mentation for their crucial claim, that he supervised for the drug Because I believe credibility is such an abstinence was the dominant feature of prostaglandin. essential quality for any effective Sur- the program, if such documentation ex- Dr. Foster said that he did not in- geon General, I do not see how, given isted. Considering the emphasis placed clude those abortions because they this liability, I could in good con- by Dr. Foster and the administration were part of a research study per- science support Dr. Foster’s nomina- on the role abstinence and the ‘‘I Have formed by a university trying to main- tion. A Future’’ Program played in this tain accredition. Thus, Dr. Foster, at Now, Mr. President, let me offer my nomination, this was a devastating various times throughout this process, reasons for voting against cloture in revelation and comment on the credi- has said that he performed 1 abortion, this instance. Generally speaking, it is bility of the nomination. The critical then 12, then 39, then 40, then another my intention to vote to confirm quali- question here to me was not whether 49. In short, the number has changed fied individuals that the President abstinence was the ‘‘bedrock’’ principle with too much frequency and is still nominates. But in those circumstances behind the program. What I found most somewhat dependent on semantics. where the integrity and credibility of a disturbing was the apparent attempt to The issue here is no longer the actual nominee—or the actions of an adminis- deceive people regarding the degree to number, but, again, one of credibility. tration in presenting a nominee—are which the program was based upon ab- Knowing that the issue of abortion was clearly or seriously in question, I will stinence. Another credibility problem, going to be of great concern, I believe reserve my right to vote against the Mr. President, exists with respect to it was Dr. Foster’s responsibility from President’s choice, or against efforts to Dr. Foster’s position on the issue of pa- the start to provide a complete and ac- close off debate on the Senate floor. rental consent in the area of abortion. curate accounting so that the Labor In my judgment, this nomination During the hearings, Senator MIKUL- Committee and the American people does present clear and serious ques- SKI and I each queried Dr. Foster about would have reliable information with tions about the nominee’s credibility. whether he supported requiring paren- which to judge his qualifications. For that reason, Mr. President, I felt a tal consent in cases where minors seek Finally, Mr. President, Dr. Foster’s sincere obligation to vote against in- abortions. In the end, Dr. Foster main- credibility has been undermined by his voking cloture on the nomination of tained that he supported parental con- characterization of the transcript from Dr. Henry Foster to be Surgeon Gen- sent laws as long as a judicial bypass the 1978 HEW Ethics Board meeting, a eral.∑ provision was included. However, in a meeting at which he was an active par- f speech before a 1984 Planned Parent- ticipant, and at which he is specifically hood conference, Dr. Foster expressed reported to have said that he per- THE INTRODUCTION OF THE HIS- strong opposition to consent statutes, formed ‘‘perhaps’’ 700 abortions. The TORIC HOMEOWNERSHIP ASSIST- including a Tennessee statute which White House’s initial response to news ANCE ACT included judicial bypass language. In of the transcript’s existence was to ∑ Mr. GRAHAM. Mr. President, today I that speech, Dr. Foster stated, ‘‘How- suggest that Dr. Foster had not even join my colleague Senator CHAFEE in ever, the [Supreme] Court upheld con- been at the meeting. The White House support of the Historic Homeownership sent laws for minors; hence our oppo- then shifted its approach and began Assistance Act, which he introduced nents can still create abortion deter- issuing statements calling the tran- yesterday. This will would spur growth rents by seeking legislation which will script a fraud. That charge later proved and preservation of historic neighbor- necessitate such an approval.’’ And, to be false as well. hoods across the country by providing moments later, Dr. Foster repeated Now, even if the White House issued a limited tax credit for qualified reha- this sentiment. ‘‘The Supreme Court these false statements without Dr. Fos- bilitation expenditures to historic * * * upheld by a single vote margin ter’s knowledge, I believe he had a re- homes. the constitutionality of minority con- sponsibility—to the White House, to An understanding of the history of sent requirements, but in doing so, it Congress and to the American people— the United States serves as one of the did not examine how such laws work in to correct the errors once they ap- cornerstones supporting this great Na- actual practice. Hence, an opening has peared. To my knowledge, no such at- tion. We find American history re- been left for those who would like to tempt was made. flected not only in books, films, and see such laws invalidated.’’ Only after others verified that Dr. stories, but also in physical structures, Those are pretty definitive state- Foster was at this meeting and that including schools, churches, county ments. And they are in direct conflict the transcript was, in fact, genuine did courthouses, mills, factories, and per- with the support Dr. Foster professed the White House and Dr. Foster adopt sonal residences. for consent legislation at the hearing their current position: They now con- The bill that Senators CHAFEE, in response to my questions. This lack tend that the remark attributed to Dr. SIMON, PRYOR, JOHNSTON, and I are co- of consistency was troubling, Mr. Foster about performing 700 sponsoring focuses on the preservation President, and further buttressed my amniocentesis and therapeutic abor- of historic residences. The bill will as- concerns about Dr. Foster’s credibility. tions was an error in the transcription. sist Americans who want to safeguard, Furthermore, this nomination has However, after reviewing the tran- maintain, and reside in these living from the very beginning been dogged script, it was clear to me that there museums. by another credibility issue: the ques- was no transcription error. The only The Historic Homeownership Assist- tion of how many abortions Dr. Foster transcription problems occurred during ance Act will stimulate rehabilitation

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9566 CONGRESSIONAL RECORD — SENATE June 30, 1995 of historic homes. The Federal tax PAKISTAN: AMERICA’S LONG-TIME coupled with conflict after conflict in credit provided in the legislation is ALLY the region has created a spiraling arms modelled after the existing Federal ∑ Mr. BROWN. Mr. President, the race in South Asia. In 1985 the Congress commercial historic rehabilitation tax United States and Pakistan have a adopted an amendment to the Foreign credit. Since 1981, this commercial tax long-standing friendship. When South Assistance Act of 1961 cutting off all credit has facilitated the preservation Asia gained its independence from assistance to Pakistan if the President of many historic structures across this Britain in 1947, the countries of the re- could not certify that Pakistan did not great land. For example in the last two gion faced an important choice—align- possess a nuclear explosive device. In decades, in my home State of Florida, ment with the United States or non- 1990, the President was unable to issue $238 million in private capital was in- alignment and cooperation with the such a certification. vested in over 325 historic rehabilita- Soviet Union. Pakistan unabashedly After 5 years, it is clear that the non- tion projects. These investments chose the United States. In 1950, Paki- proliferation approach outlined in this helped preserve Ybor City in Tampa stan’s first Prime Minister visited the amendment—known as the Pressler and the Springfield historic district in United States, laying the seeds for amendment—has not worked. The ap- Jacksonville. more than 40 years of close cooperation proach taken by the amendment at- between our two countries. tempts to penalize only one party to The tax credit, however, has never this regional nuclear arms race, while applied to personal residences. It is In 1950, Pakistan extended unquali- fied support to the United States-led leaving the other parties free to time to provide an incentive to individ- produce nuclear weaponry and nuclear uals to restore and preserve homes in United Nations effort on the Korean peninsula. Pakistan joined in the fight capable delivery systems America’s historic communities. against communism by joining the China has undertaken the single larg- The Historic Homeownership Assist- Central Treaty Organization [CENTO] est military build-up in the world. In- ance Act targets Americans of all eco- in 1954 and the Southeast Asia Treaty dia’s weapons program has continued nomic incomes. The bill provides lower Organization [SEATO] in 1955. In 1959, unabated since 1974 and is now devel- income Americans with the option to Pakistan and the United States signed oping nuclear capable missile delivery elect a Mortgage Credit Certificate in a mutual defense treaty, under which technology that is perceived as a direct lieu of the tax credit. This certificate the United States setup a military air- threat to Pakistan. Faced with these allows Americans who cannot take ad- base near Peshawar from which recon- threats to its national security, the re- vantage of the tax credit to reduce the naissance flights over the Soviet Union strictions on United States assistance interest rate on their mortgage that were conducted. This concession came have not deterred Pakistan from devel- secures the purchase and rehabilitation at great risk to Pakistan. After the oping a nuclear weapons capability. It of a historic home. 1960 shoot-down of Gary Powers over is clear that no progress in non-proliferation has been made in South Asia For example, if a lower-income fam- the Soviet Union, the Soviets issued since these restrictions took effect. ily were to purchase a $35,000 home threatening statements directed at Pakistan for its support of the United The President recognized this fact which included $25,000 worth of quali- during the April 11, 1995, meeting with fied rehabilitation expenditures, it States. Ten years later, Pakistan worked Prime Minister Bhutto of Pakistan would be entitled to a $5,000 Historic after which he stated that ‘‘in the end Rehabilitation Mortgage Credit Certifi- with the United States to arrange the first United States opening to China we’re going to have to work for a nu- cate which could be used to reduce in- clear-free subcontinent, a nuclear-free terest payments on the mortgage. This when then-Secretary of State Henry Kissinger secretly visited China from region, region free of all proliferation provision would enable families to ob- of weapons of mass destruction.’’ Mr. tain a home and preserve historic Pakistan in 1970. Partly as a result of Soviet pique over Pakistan’s assistance President, I ask that the full text of neighborhoods when they would be un- the President’s press conference with able to do so otherwise. to the United States, the Soviets entered into a treaty of friendship with Mrs. Bhutto be printed in the RECORD. This bill will vest power to those best India, which was shortly followed by The text is as follows: suited to preserve historic housing: the India’s invasion of East Pakistan in PRESS CONFERENCE BY THE PRESIDENT AND states. Realizing that the States can 1971. PRIME MINISTER BENAZIR BHUTTO OF PAKI- best administer laws affecting unique From 1979 to 1989, Pakistan opened STAN, APRIL 11, 1995 communities, the Act gives power to its borders and joined to United States THE PRESIDENT. Please be seated. Good afternoon. It’s a great pleasure for me to the Secretary of the Interior to enter forces assisting the Afghan rebels into agreements with states to imple- welcome Prime Minister Bhutto to the White fighting against the Soviet occupation House. I’m especially pleased to host her ment a number of the provisions. of Afghanistan. The reliable assistance today because of the tremendous hospitality The Historic Homeownership Assist- of our friends in Pakistan played a sig- that the Prime Minister and the Pakistani ance Act does not, however, reflect an nificant role in the Soviet defeat in Af- people showed to the First Lady and to Chel- untried proposal. In addition to the ex- ghanistan, thereby hastening the col- sea on their recent trip. lapse of the Soviet empire and mono- I’ve heard a great deal about the visit, isting commercial historic rehabilita- about the people they met, their warm wel- tion credit, the proposed bill incor- lithic world communism. come at the Prime Minister’s home, about porates features from several State tax Pakistan joined the United States the dinner the Prime Minister gave in their incentives for the preservation of his- during the Gulf war against Iraq, con- honor. The food was marvelous, they said, toric homes. Colorado, Maryland, New tributing significantly to the inter- but it was the thousands of tiny oil lamps Mexico, Rhode Island, Wisconsin, and national forces arrayed against Sad- that lit the paths outside the Red Fort in La- Utah have pioneered their own success- dam Hussein. Since 1992, Pakistan has hore that really gave the evening its magical ful versions of a historic preservation been in the forefront of U.N. peace- air. I regret that here at the White House I can only match that with the magic of the tax incentive for homeownership. keeping operations. In addition, Paki- stan has cooperated extensively with bright television lights. (Laughter) At the Federal level, this legislation Today’s meeting reaffirms the long- the United States in our efforts to standing friendship between Pakistan and would promote historic home preserva- combat international terrorism, pro- tion nationwide, allowing future gen- the United States. It goes back to Pakistan’s viding critical assistance in the appre- independence. At the time, Pakistan was an erations of Americans to visit and re- hension and swift extradition of Ramzi experiment in blending the ideals of a young side in homes that tell the unique his- Ahmed Yousef, the alleged mastermind democracy with the traditions of Islam. In tory of our communities. The Historic of the terrorist attack on the World the words of Pakistan’s first President, Mo- Homeownership Assistance Act will Trade Center in New York City. Paki- hammed Ali Jinnah, Islam and its idealism offer enormous potential for saving his- have taught us democracy. It has taught us stan has truly been a good friend of the the equality of man, justice, and fair play to toric homes and bringing entire neigh- United States. borhoods back to life. everybody. We are the inheritors of the glo- Pakistan currently faces a nuclear rious traditions and are fully alive to our re- I urge my colleagues to support this threat from India who faces a nuclear sponsibilities and obligations. Today Paki- bill for the preservation of history.∑ threat from China. This circular threat stan is pursuing these goals of combining the

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9567 practice of Islam with the realities of demo- thanking the President for his kind words of Pakistan has requested the President and cratic ideals, moderation, and tolerance. support and encouragement. the administration to resolve the problem of At our meetings today, the Prime Minister Since 1989, my last visit to Washington, our equipment worth $1.4 billion, which is and I focused on security issues that affect both the world and Pak-U.S. relations have held up. I am encouraged by my discussions Pakistan, its neighbor, India, and the entire undergone far-reaching changes. The post- with the President this morning and the un- South Asian region. The United States rec- Cold War era has brought into sharp focus derstanding that he has shown for Pakistan’s ognizes and respects Pakistan’s security con- the positive role that Pakistan, as a mod- position. I welcome the Clinton administra- cerns. Our close relationships with Pakistan erate, democratic, Islamic country of 130 tion’s decision to work with Congress to re- are matched with growing ties with India. million people, can play, and the fact that it vise the Pressler Amendment. Both countries are friends of the United is strategically located at the tri-junction of Thank you, Mr. President. States, and contrary to some views, I believe South Asia, Central Asia and the Gulf—a re- THE PRESIDENT. Thank you. it is possible for the United States to main- gion of both political volatility and eco- Terry. tain close relations with both countries. nomic opportunity. QUESTION. Mr. President, you both men- I told the Prime Minister that if asked, we Globally, Pakistan is active in U.N. peace- tioned the Pressler Amendment, but I’m not will do what we can to help these two impor- keeping operations. We are on the forefront sure what you intend to do. Will you press tant nations work together to resolve the of the fight against international terrorism, Congress to allow Pakistan to receive the dispute in Kashmir and other issues that sep- narcotics, illegal immigration and counter- planes that it paid for or to get its money arate them. We will also continue to urge feit currency. We remain committed to the back? both Pakistan and India to cap and reduce control and elimination of weapons of mass THE PRESIDENT. Let me tell you what I in- and finally eliminate their nuclear and mis- destruction, as well as the delivery systems tend to do. First of all, I intend to ask Con- gress to show some flexibility in the Pressler sile capabilities. As Secretary Perry stressed on a regional, equitable and non-discrimina- Amendment so that we can have some eco- during his visit to Pakistan earlier this year, tory basis. nomic and military cooperation. Secondly, I we believe that such weapons are a source of Since 1993, concerted efforts by Pakistan intend to consult with them about what we instability rather than a means to greater and the United States to broaden the base of bilateral relations have resulted in steady ought to do about the airplane sale. security. I plan to work with Congress to As you know, under the law as it now ex- progress. In September 1994, in a symbolic find ways to prevent the spread of nuclear ists, we cannot release the equipment. It gesture, the United States granted Pakistan weapons and to preserve the aims of the wasn’t just airplanes, it was more than that. about $10 million in support for population Pressler Amendment, while building a We cannot release the equipment. However, planning. This was announced by the Vice stronger relationship with a secure, more Pakistan made payment. The sellers of the President at the Cairo Summit on popu- prosperous Pakistan. Our two nations’ de- equipment gave up title and received the fense consultative group will meet later this lation planning. This was followed by the money, and now it’s in storage. I don’t think spring. presidential mission, led by Energy Sec- what happened was fair to Pakistan in terms In our talks the Prime Minister and I also retary Hazel O’Leary, which resulted in of the money. Now, under the law, we can’t discussed issues of global concern, including agreement, worth $4.6 billion being signed. give up the equipment. The law is clear. So peacekeeping and the fight against terrorism And, now, during my visit here, we are grate- I intend to consult with the Congress on that and narcotics trafficking. I want to thank ful to the administration and the Cabinet and see what we can do. Prime Minister Bhutto and the Pakistani of- secretaries for having helped us sign $6 bil- I think you know that our administration ficers and soldiers who have worked so close- lion more of agreements between Pakistan cares very deeply about nonproliferation. We ly with us in many peacekeeping operations and the United States. have worked very hard on it. We have lob- around the globe, most recently in Haiti, During the Defense Secretary’s visit to bied the entire world community for an in- where more than 800 Pakistanis are taking Pakistan in January 1995, our countries de- definite extension of the NPT. We have part in the United Nations operation. cided to revive the Pakistan-United States worked very hard to reduce the nuclear arse- On the issue of terrorism, I thank the Defense Consultative Group. And more re- nals of ourselves and Russia and the other Prime Minister for working with us to cap- cently, we had the First Lady and the First countries of the former Soviet Union. We are ture Ramszi Yousef, one of the key suspects Daughter visit Pakistan, and we had an op- working for a comprehensive test ban treaty. in the bombing in the World Trade Center. portunity to discuss women’s issues and chil- We are working to limit fissile material pro- We also reviewed our joint efforts to bring to dren’s issues with the First Lady. And we duction. We are working across the whole justice the cowardly terrorist who murdered found the First Daughter very knowledge- range of issues on nonproliferation. But I be- two fine Americans in Karachi last month. I able. We found Chelsea very knowledgeable lieve that the way this thing was left in 1990 thanked the Prime Minister for Pakistan’s on Islamic issues. I’m delighted to learn and the way I found it when I took office re- effort in recent months to eradicate opium from the President that Chelsea is studying quires some modification, and I’m going to poppy cultivation, to destroy heroin labora- Islamic history and has also actually read work with the Congress to see what progress tories, and just last week, to extradite two our Holy Book, the Koran Shariah. we can make. I’m delighted to have accepted President major traffickers to the United States. We QUESTION. Mr. President, what was your re- would like this trend to continue. Clinton’s invitation to Washington. This is sponse to Pakistan’s suggestion that the Finally, the Prime Minister and I discussed the first visit by a Pakistani’s Chief Execu- United States would play an active role in the ambitious economic reform and privat- tive in six years. President Clinton and I the solution of the Kashmir issue? ization programs she has said will determine covered a wide range of subjects, including PRESIDENT CLINTON: The United States is the well-being of the citizens of Pakistan and Kashmir, Afghanistan, Central Asia, Gulf, willing to do that, but can, as a practical other Moslem nations. Last year, at my re- Pakistan-India relations, nuclear prolifera- matter, only do that if both sides are willing quest, our Energy Secretary, Hazel O’Leary, tion, U.N. peacekeeping, terrorism and nar- to have us play a leading role. A mediator led a mission to Pakistan which opened cotics. can only mediate if those who are being me- doors for many U.S. firms who want to do I briefed him about corporate America’s in- diated want it. We are more than willing to business there. Encouraged by economic terest in Pakistan, which has resulted in the do what we can to try to be helpful here. growth that is generating real dividends for signing of $12 billion worth of MOUs in the And, of course, the Indians now are talking the Pakistani people. The United States and last 17 months since our government took of- about elections. It will be interesting to see other foreign firms are beginning to commit fice. I urged an early resolution of the core who is eligible to vote, what the conditions significant investments, especially in the en- issue of Kashmir, which poses a great threat of the elections are, whether it really is a ergy sector. I’m convinced that in the com- to peace and security in our region. It has re- free referendum of the people’s will there. ing years, the economic ties between our tarded progress on all issues, including nu- And we have encouraged a resolution of this. peoples will grow closer, creating opportuni- clear and missile proliferation. A just and When Prime Minister Rao was here, I talked ties, jobs and profits for Pakistanis and durable solution is the need of the hour, about this extensively with him. We are will- Americans alike. based on the wishes of the Kashmiri people, ing to do our part, but we can only do that Before our meetings today, I was reminded as envisaged in the Security Council resolu- if both sides are willing to have us play a that the Prime Minister first visited the tions. Pakistan remains committed to en- part. White House in 1989 during her first term. gage in a substantive dialogue with India to QUESTION. Madam Prime Minister, why do She left office in 1990, but then was returned resolve this dispute, but not in a charade you need nuclear weapons? And, Mr. Presi- as Prime Minister in free and fair elections that can be used by our neighbor to mislead dent, don’t you weaken your case to in 1993. Her presence here today testifies to the international community. I am happy to denuclearize the world when you keep mak- her strong abilities and to Pakistan’s resil- note that the United States recognizes Kash- ing exceptions? ient democracy. It’s no wonder she was elect- mir as disputed territory and maintains that PRIME MINISTER BHUTTO: We don’t have nu- ed to lead a nation that aims to combine the a durable solution can only be based on the clear weapons; I’d like to clarify that—that best of the traditions of Islam with modern will of the Kashmiri people. we have no nuclear weapons. And this is our democratic ideals. America is proud to claim Pakistan asked for a reassessment of the decision to demonstrate our commitment Pakistan among her closest friends. (Ap- Pressler Amendment, which places discrimi- to—— plause) natory sanctions on Pakistan. In our view, QUESTION. But you are developing them? PRIME MINISTER BHUTTO: Mr. President, la- this amendment has been a disincentive for a PRIME MINISTER BHUTTO: No. We have dies and gentlemen: I’d like to begin by regional solution to the proliferation issue. enough knowledge and capability to make

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9568 CONGRESSIONAL RECORD — SENATE June 30, 1995 and assemble a nuclear weapon, but we have field so that we can attain our common goals been President, we have done everything we voluntarily chosen not to either assemble a of nonproliferation of weapons of mass de- could to broaden our ties with Pakistan, to nuclear weapon, to detonate a nuclear weap- struction. deepen our commercial relationships, our po- on or to export technology. When a country QUESTION. Mr. President, why has the litical relationships and our cooperation. doesn’t have the knowledge and says it be- United States toned down its criticism of In- The present problem we have with the fact lieves in nonproliferation, I take that with a dia’s human rights violations in Kashmir— that the Pressler amendment was invoked pinch of salt. But when a country has that why has the United States toned down its for the first—passed in 1985, invoked for the knowledge—and the United States and other criticism of India’s human rights violations first time in 1990, and put Pakistan in a no- countries of the world agree that Pakistan in Kashmir? man’s land where you didn’t have the equip- has that knowledge—and that country does PRESIDENT CLINTON: I’m sorry, sir. I’m ment and you’d given up the money. That is not use that knowledge to actually put to- hard of hearing. Could you—— what I found when I became President. And gether or assemble a device, I think that QUESTION. Why has the United States I would very much like to find a resolution that country should be recognized as a re- toned down criticism of India’s human rights of it. sponsible international player which has violations in Kashmir? Under the amendment, I cannot—I will say PRESIDENT CLINTON: There’s been no demonstrated restraint and not taken any again—under the law, I cannot simply re- change in our policy there. We are still try- action to accelerate our common goals of lease the equipment. I cannot do that law- ing to play a constructive role to resolve this nonproliferation. fully. Therefore, we are exploring what else whole matter. That is what we want. We THE PRESIDENT: On your question about we can do to try to resolve this in a way that stand for human rights. We’d like to see this making an exception, I don’t favor making is fair to Pakistan. I have already made it matter resolved. We are willing to play a mean exception in our policy for anyone. But I clear to you—and I don’t think any Amer- diating role. We can only do it if both parties think it’s important to point out that the ican President has ever said this before—I will agree. And we would like very much to impact of the Pressler Amendment is di- don’t think it’s right for us to keep the see this resolved. rected only against Pakistan. And instead, Obviously, if the issue of Kashmir were re- money and the equipment. That is not right. we believe that in the end we’re going to solved, a lot of these other issues we’ve been And I am going to try to find a resolution to have to work for a nuclear-free subcontinent, discussing here today would resolve them- it. I don’t like this. a nuclear-free region, a region free of all pro- selves. At least, I believe that to be the case. Your country has been a good partner, and liferation of weapons of mass destruction. And so, we want to do whatever the United more importantly, has stood for democracy And the import of the amendment basically States can do to help resolve these matters and opportunity and moderation. And the fu- was rooted in the fact that Pakistan would because so much else depends on it, as we ture of the entire part of the world where have to bring into its country, would have to have already seen. Pakistan is depends in some large measure import the means to engage in an arms race, QUESTION. Mr. President, a domestic ques- on Pakistan’s success. So we want to make whereas India could develop such matters tion on the bill you signed today for health progress on this. But the United States, a, within this own borders. insurance for the self-employed. Other provi- has a law, and b, has large international re- The real question is, what is the best way sions in that bill send a so-called wrong mes- sponsibilities in the area of nonproliferation to pursue nonproliferation? This administra- sage on issues like affirmative action, a which we must fulfill. tion has an aggressive, consistent, unbroken wrong message on wealthy taxpayers. Why So I’m going to do the very best I can to record of leading the world in the area of then did you sign it as opposed to sending it work this out, but I will not abandon Paki- nonproliferation. We will not shirk from back? Were you given any kind of a signal stan. I’m trying to bring the United States that. But we ought to do it in a way that is that this was the best you’d get out of con- closer to Pakistan, and that’s why I am elat- most likely to achieve the desired results. ference? ed that the Prime Minister is here today. And at any rate, that is somewhat different PRESIDENT CLINTON. Well, no. I signed the PRIME MINISTER BHUTTO. And I’d like to from the question of the Catch-22 that Paki- bill because—first of all, I do not agree with say that we are deeply encouraged by the un- stan has found itself in now for five years, the exception that was made in the bill. I ac- derstanding that President Clinton has where it paid for certain military equipment; cept the fact that the funding mechanism shown of the Pakistan situation, vis-a-vis we could not, under the law, give it after the that’s in there is the one that’s in there and the equipment and vis-a-vis the security previous administration made a determina- I think it’s an acceptable funding mecha- needs arising out of the Kashmir dispute. tion that the Pressler Amendment covered nism. I don’t agree with the exception that And also, that Pakistan is willing to play the transaction, but the money was received, was made in the bill. And it’s a good argu- ball in terms of any regional situation. given to the sellers, and has long since been ment for line-item veto that applies to spe- We welcome American mediation to help spent. cial tax preferences as well as to special resolve the Kashmir dispute. We are very QUESTION. But will you get a commitment spending bills. If we had the line-item veto, pleased to note that the United States is from them to sign the Non-Proliferation it would have been a different story. willing to do so, if India responds positively. Treaty? But I wanted this provision passed last And when my President goes to New Delhi THE PRESIDENT: I will say again, I am con- year, and the Congress didn’t do it. I think next month, this is an issue which he can vinced we’re going to have to have a regional it’s a down payment on how we ought to take up with the Prime Minister of India. solution there, and we are working for that. treat the self-employed in our country. Why But let’s get down to the business of settling But we are not making exceptions. should corporations get a 100-percent deduct- the core dispute of Kashmir so that our two Let me also make another point or two. We ibility and self-employed people get nothing countries can work together with the rest of are not dealing with a country that has or even 35 percent or 30 percent? I did it be- the world for the common purpose of peace manifested aggression toward the United cause tax day is April 17th, and these people and stability. States or—in this area. We’re dealing with a are getting their records ready, and there are THE PRESIDENT. Thank you. country that just extradited a terrorist or a millions of them, and they are entitled to THE PRESS. Thank you. suspected terrorist in the World Trade Cen- this deduction. It was wrong for it ever to Mr BROWN. Mr. President, the Sen- ter bombing; a country that has taken dra- expire in the first place. ate Foreign Relations Committee was matic moves in improving its efforts against Now, I also think it was a terrible mistake catalysed by the Prime Minister’s re- terrorism, against narcotics; that has just for Congress to take the provision out of the deported two traffickers—or extradited two bill which allows—which would have recent visit, and agreed during our recent traffickers to the United States; a country quired billionaires to pay taxes on income markup that a new approach is needed. that has cooperated with us in peacekeeping earned as American citizens and not to give We passed, by a vote of 16 to 2, an in Somalia, in Haiti, and other places. up their citizenship just to avoid our income amendment to modify these existing We are trying to find ways to fulfill our ob- tax. But that can be put on any bill in the fu- restrictions. I ask that a copy of the ligations, our legal obligations under the ture. It’s hardly a justification to veto a bill amendment and the report language Pressler Amendment, and our obligation to that something unrelated to the main sub- ourselves and to the world to promote non- also be printed in the RECORD. ject was not in the bill. It is paid for. The amendment and report language proliferation and improve our relationships This definitely ought to be done. It was a across the whole broad range of areas where bad mistake by Congress. But that is not a are as follows: I think it is appropriate. justification to deprive over three million AMENDMENT NO.— PRIME MINISTER BHUTTO: May I just add American business people and farmers and At the appropriate place in the bill, add that as far as we in Pakistan are concerned, all of their families the benefit of this more the following new section: we have welcomed all proposals made by the affordable health care through this tax ‘‘SEC. 510. CLARIFICATION OF RESTRICTIONS United States in connection with the re- break. UNDER SECTION 620E OF THE FOR- gional solution to nonproliferation, and we QUESTION. Mr. President, don’t you think EIGN ASSISTANCE ACT OF 1961. have given our own proposals for a South that the United States is giving wrong sig- Subsection (e) of section 620E of the For- Asia free of nuclear weapons and for a zero nals to its allies by dumping Pakistan who eign Assistance Act of 1961 (P.L. 87–195) is missile regime. So we have been willing to has been an ally for half a century in the amended— play ball on a regional level. Unfortunately, cold after the Iran war? (1) by striking the words ‘‘No assistance’’ it’s India that has not played ball. And what PRESIDENT CLINTON. First of all, sir, I have and inserting the words ‘‘No military assist- we are asking for is a leveling of the playing no intention of dumping Pakistan. Since I’ve ance’’;

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9569 (2) by striking the words ‘‘in which assist- ward any country for actions inimical to the the alleged mastermind of the terrorist at- ance is to be furnished or military equip- United States interest; tack on the World Trade Center in New York ment or technology’’ and inserting the words ‘‘(C) the President should initiate a re- City. ‘‘in which military assistance is to be fur- gional peace process in South Asia with both For much of the last two decades, Pakistan nished or military equipment or tech- bilateral and multilateral tracks that in- has faced a nuclear threat from India. India’s nology’’; and cludes both India and Pakistan; nuclear program, initiated in response to the (3) by striking the words ‘‘the proposed ‘‘(D) the South Asian peace process should threat perceived by China’s development of a United States assistance’’ and inserting the have on its agenda the resolution of the fol- nuclear weapon, and three wars fought be- words ‘‘the proposed United States military lowing— tween the two countries, created the incen- assistance’’; ‘‘(1) South Asian nuclear proliferation, in- tive for Pakistani pursuit of a nuclear pro- (4) by adding the following new paragraph: cluding mutually verifiable caps on fissile gram. The United States provided conven- ‘‘(2) The prohibitions in this section do not material production, expansion and enhance- tional military assistance to Pakistan, in apply to any assistance or transfer provided ment of the mutual ‘‘no first strike’’ pledge part to discourage the development of a nu- for the purposes of: and a commitment to work with the United clear program. In October 1990, the President ‘‘(A) International narcotics control (in- States to cap, roll-back and eliminate all nu- was unable to certify under section 620E(e) of cluding Chapter 8 of Part I of this Act) or clear weapons programs in South Asia; the Foreign Assistance Act of 1961 as amend- any provision of law available for providing ‘‘(2) South Asian missile proliferation; ed (known as the ‘‘Pressler Amendment’’) assistance for counternarcotics purposes; ‘‘(3) Indian and Pakistani cooperation with that Pakistan did not possess a nuclear ex- ‘‘(B) Facilitating military-to-military con- Iran; plosive device, and United States assistance tact, training (including Chapter 5 of Part II ‘‘(4) The resolution of existing territorial to Pakistan was ended. of this Act) and humanitarian and civic as- disputes, including Kashmir; The Pressler restrictions required a cut-off sistance projects; ‘‘(5) Regional economic cooperation; and of all United States assistance to Pakistan, ‘‘(C) Peacekeeping and other multilateral ‘‘(6) Regional threats, including threats including assistance to United States compa- operations (including Chapter 6 of Part II of posed by Russia and China. nies doing business there. However, this leg- this Act relating to peacekeeping) or any ‘‘(2) REPORT.—Consistent with the existing islation has not proven to be an effective provision of law available for providing as- reporting requirements under subsection tool of United States non-proliferation ef- sistance for peacekeeping purposes, except 620F(c) of the Foreign Assistance Act of 1961 forts in South Asia. In recognition of this, that lethal military equipment shall be pro- as amended, the President shall submit a re- President Clinton called for a review of the vided on a lease or loan basis only and shall port to the appropriate congressional com- Pressler amendment on April 11, 1995. be returned upon completion of the oper- mittees on the progress of these talks, on After careful and extensive consideration, ation for which it was provided; whether South Asian countries are working the committee, on a vote of 16 to 2, agreed to ‘‘(D) Antiterrorism assistance (including to further U.S. interests, and proposed U.S. modify the existing prohibitions on United Chapter 8 of Part II of this Act relating to actions to further the resolution of the con- States assistance to Pakistan under section antiterrorism assistance) or any provision of flict in South Asia as listed in (1) above and 620E(e). The provision included by the com- law available for antiterrorism assistance to further U.S. international interests, in- mittee specifically exempts from restrictions purposes’’; cluding— all assistance provided for bilateral inter- (5) by adding the following new subsections ‘‘(A) The degree and extent of cooperation national narcotics control activities, mili- at the end— by South Asian countries with all U.S. inter- tary-to-military contact, humanitarian as- ‘‘(f) STORAGE COSTS.—The President may national efforts, including voting support sistance, peacekeeping and counterterrorism release the Government of Pakistan of its within the United Nations; and assistance. contractual obligation to pay the United ‘‘(B) Whether withholding of military as- The committee also clarified that the pro- States Government for the storage costs of sistance, dual-use technology, economic as- hibition shall only apply to military assist- items purchased prior to October 1, 1990, but sistance and trade sanctions would further ance. Currently, the State Department has not delivered by the United States Govern- U.S. interests.’’ interpreted the Pressler amendment to in- ment pursuant to subsection (e) and may re- clude all United States assistance and sales. imburse the Government of Pakistan for any EXCERPT FROM REPORT The committee is aware that certain aid, such amounts paid, on such terms and condi- Section 510.—Clarification of restrictions under such as antiterrorism assistance, and certain tions as the President may prescribe, pro- section 620E of the Foreign Assistance Act sales of United States goods are warranted vided that such payments have no budgetary of 1961 and should be encouraged. For example, impact. Section 510 amends section 620E(e) of the equipment that assists in confidence build- ‘‘(g) RETURN OF MILITARY EQUIPMENT.—The ing measures between Pakistan and India President may return to the Government of Foreign Assistance Act of 1961, as amended. Section 510(1) strikes the restrictions on all should not be prohibited. Such items would Pakistan military equipment paid for and include border surveillance equipment, delivered to Pakistan and subsequently assistance to Pakistan and insert a restriction on military assistance in its stead. Sec- radar, radar warning receivers, etc. Items transferred for repair or upgrade to the such as these not only promote border secu- United States but not returned to Pakistan tion 510(e)(E) adds several sections to section 620E(e) of the Foreign Assistance Act, in- rity and help prevent surprise attacks, but pursuant to subsection (e). Such equipment also prevent accidental incursions and inci- or its equivalent may be returned to the cluding: (1) a paragraph which specifies that prohibitions of military assistance to Paki- dents that could escalate into significant Government of Pakistan provided that the confrontations. As with sales of military and President determines and so certifies to the stan do not apply to any assistance provided fro the purposes of international narcotics non-military items to India, sales of non- appropriate congressional committees that military equipment to Pakistan would be such equipment or equivalent neither con- control, military to military contacts, training or humanitarian assistance, peace- made on a case-by-case basis. stitutes nor has received any significant Notwithstanding President Clinton’s com- keeping, multilateral operations or qualitative upgrade since being transferred mitment to resolve the outstanding issue of antiterrorism activities; (2) a waiver of stor- to the United States.’’ $1.4 billion worth of equipment that Paki- age costs for military equipment not deliv- ‘‘(h) SENSE OF CONGRESS AND REPORT.— stan bought, but that has not been delivered, ered to Pakistan and authorized repayment ‘‘(1) It is the sense of the Congress that: the administration continues to investigate of those costs; (3) authorization for the re- ‘‘(A) fundamental U.S. policy interests in possible solutions and has yet to recommend turn of Pakistani owned, unrepaired military South Asia include: a course of action. The committee generally ‘‘(1) resolving underlying disputes that cre- equipment sent to the United States; (4) a agreed that some resolution 1 of this issue is ate the conditions for nuclear proliferation, sense of Congress statement relating to important, but took no action pending an ad- missile proliferation and the threat of re- United States policy toward South Asia; and ministration recommendation. gional catastrophe created by weapons of (5) an enhanced reporting requirement under mass destruction; section 620F(c) of the Foreign Assistance Act Section 511.—Statement of policy and require- ‘‘(2) achieving cooperation with the United of 1961. ment for report on oil pipeline through States on counterterrorism, counter- The United States friendship with Paki- Azerbaijan, Armenia, Georgia, and Turkey narcotics, international peacekeeping and stan dates from 1947, soon after Pakistani Section 511 states that it is the sense of the other U.S. international efforts; independence. Since then Pakistan’s co- Senate to support construction of an oil ‘‘(3) achieving mutually verifiable caps on operation with the United States has been pipeline through Azerbaijan, Armenia, Geor- fissile material production, expansion and remarkable; Pakistan stood with the United gia, and turkey. The section also requires a enhancement of the mutual ‘‘no first strike States throughout the cold war against So- report analyzing potential routes for con- pledge’’ and a commitment to work with the viet totalitarian expansionism; Pakistan has struction of the pipeline. The report shall in- United States to cap, roll-back and elimi- been in the forefront of U.S.-initiated United clude a discussion of the advantages and dis- nate all nuclear weapons programs in South Nations peacekeeping operations; and Paki- advantages for different routes, including: (1) Asia; stan has cooperated extensively with the the amount of oil to be transported along ‘‘(B) to create the conditions for lasting United States in counterterrorism, providing each route of the pipeline; (2) the cost of con- peace in South Asia, U.S. policy toward the critical assistance in the apprehension and structing the pipeline; (3) options for com- region must be balanced and should not re- switch extradition of Ramzi Ahmed Yousef, mercial and public financing of construction

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9570 CONGRESSIONAL RECORD — SENATE June 30, 1995 of each route of the pipeline; and (4) the im- Beginning in fiscal year 1996, the NDF will Business Person of the Year, and the pact on regional stability of the pipeline assume responsibility for export control as- honor is justly deserved. along each route. sistance to the Newly Independent States During the past 20 years, I cannot re- The oil-rich Transcaucasus region that [NIS]. This assistance has been provided by member a thing done to help Bur- stretches between the Southern border of the the Department of Defense in earlier legisla- Russian Federation and Iran is of great tion authorized under the Nunn-Lugar Com- lington that did not involve Paul geostrategic interest to the United States. prehensive Threat Reduction Program. Bruhn. Those of us who think of Bur- Development of an oil pipeline through Azer- The committee believes the NDF is an im- lington as home know how much we baijan, Armenia and Turkey or Georgia portant element in achieving the high pri- owe to Paul. I ask that two articles would provide the countries in the ority national security and foreign policy from the Burlington Free Press regard- Transcaucasus with economic access outside goal of slowing and reversing the prolifera- ing Paul, be printed in the RECORD. Russian or Iranian control. The committee tion of weapons of mass destruction and ad- The articles follow: believes that such a pipeline would help en- vanced conventional weapons. sure that Armenia, Azerbaijan and Georgia [From the Burlington Free Press, May 5, Section 515.—Russian nuclear technology agree- remain strong and independent nations while 1995] ment with Iran simultaneously providing the United States ARCHITECT, CONSULTANT HONORED Section 515 expresses the sense of Congress with a major source of petroleum outside of (By Stacey Chase) the Persian Gulf. regarding Russia’s nuclear agreement with Breaking with tradition, the Downtown Section 512.—Reports on eradication of produc- Iran. The Committee is profoundly con- Burlington Development Association has an- tion and trafficking in narcotic drugs and cerned about an agreement between Russia nounced the winners of the Nathan Harris marijuana and Iran to sell nuclear power reactors to Iran. It is the sense of this Committee that and Hertzel Pasackow awards that will be Section 512 requires the President to sub- the Russian Federation should be strongly presented at the association’s annual dinner mit a semiannual report to Congress on the condemned if it continues a commercial May 11. progress made by the United States in eradi- agreement to provide Iran with nuclear tech- The 1995 Harris Award will be given to Paul cating production of and trafficking in illicit nology which would assist that country in Bruhn, executive director of the Non-profit drugs. The report shall be submitted in units development of nuclear weapons. More- Preservation Trust of Vermont and a private classified form with a classified annex, if re- over, if such a transfer occurs, Russia would public affairs consultant. This year’s quired. be ineligible for assistance under the terms Pasackow Award goes to Bob Miller for the Section 513.—Reports on commercial disputes of the Freedom Support Act. development of his namesake building, Mil- with Pakistan During the May 1995 summit in Moscow, ler’s Landmark, on the Church Street Mar- Section 513 requires the Secretary of State, Russian President Yeltsin was asked by ketplace. in consultation with the Secretary of Com- President Clinton to cancel the reactor sale ‘‘I was surprised, flattered, a little embar- merce, to report 30 days after the bill’s en- to Iran. President Yeltsin did not halt the rassed but very appreciative,’’ said Bruhn, actment, and every 90 days thereafter, on the sale, but instead cancelled the Russian sale 48, of South Burlington. status of disputes between the Government of a gas centrifuge to Iran and halted the The Harris Award has been given since 1978 of Pakistan and United States persons with training of 10 to 20 Iranian scientists a year to the person ‘‘who best emulates the enthu- respect to cellular telecommunications and in Moscow. siasm, dedication and foresight of Nate Har- on the progress of efforts to resolve such dis- Iran is aggressively pursuing a nuclear- ris in maintaining and improving the eco- putes. The requirement to submit the report weapons acquisition program. The Central nomic vitality of the Burlington central shall terminate upon certification by the Intelligence Agency stated in September 1994 business district.’’ Secretary of State to Congress that all sig- that Iran probably could, with some foreign ‘‘Paul Bruhn has been involved and con- nificant disputes between the Government of help, acquire a nuclear weapons capability cerned with the vitality of downtown Bur- Pakistan and United States persons with re- within 8 to 10 years. Iran is receiving that lington all of his life,’’ said Ed Moore, execu- spect to cellular communications have been foreign help from Russia and China. Specifi- tive director of the development association. satisfactorily resolved. cally, China is helping Iran build a nuclear ‘‘And the interesting part of Paul’s accom- In other sections of this bill, the com- research reactor, and in April it concluded a plishment and contribution is that he’s mittee broadened the Pressler amendment to deal to sell Iran two light-water reactors. never in the limelight; he’s always been be- allow, among other things, for United States Pakistan, a country with... hind the scenes working very, very hard.’’ trade and investment programs in Pakistan. The Pasackow Award has been given since However, the committee believes that Mr. BROWN. Mr. President, the near- 1984 for significant contribution to the phys- United States companies should enjoy a ly unanimous action by the Foreign ical or architectural quality of downtown friendly business atmosphere in Pakistan, Relations Committee is only a first Burlington. Miller’s Landmark contains 15 without which further development of eco- step. Most importantly, there remains stores and office space. nomic relations will be difficult. $1.4 billion worth of military equip- ‘‘When J.C. Penny chose to leave the city, Section 514.—Nonproliferation and disarmament ment which Pakistan bought and paid the thought of a vacant shell of a building fund for but which has never been delivered caused concern for many in downtown,’’ Section 514 authorizes $25 million for each because of existing restrictions. Presi- Moore said. ‘‘Then Bobby Miller purchased the building, created a vision and began im- of the fiscal years 1996 and 1997 for the Non- dent Clinton himself has said this situ- proliferation and Disarmament Fund [NDF]. plementation of a plan that is represented by The NDF supplements United States diplo- ation is ‘‘not fair to Pakistan.’’ On be- that building as we know it today.’’ matic efforts to halt the spread of both half of a country that has been one of Miller, 59, of Shelburne is president of weapons of mass destruction and advanced our closest allies throughout the cold REM Development Co. The Williston com- conventional weapons, their delivery sys- war, the United States must rectify pany is a commercial and industrial develop- tems, and related weapons and their means this circumstance. ment firm. of delivery. I am certain the administration is ‘‘I think the building certainly has in- Under authority provided in section 504 of developing alternatives, and I stand creased the identity of that upper block,’’ Miller said. ‘‘And it’s been kind of a fun the Freedom for Russia and Emerging Eur- ready to work with them to ensure asian Democracies and Open Markets Sup- project.’’ port Act of 1992 (Freedom Support Act), sig- that our relationship with our close Both Harris and Pasackow were founding nificant accomplishments in furthering ally is able to move forward. Pakistan members of the development association. these nonproliferation and disarmament deserves fair treatment.∑ The late Nathan Harris started Nate’s men’s clothing store; the late Hertzel Pasackow goals have been made. The NDF has, for ex- f ample, assisted in the purchase of started Mayfair women’s clothing store. unsafeguarded highly enriched uranium from PAUL BRUHN—1995 HARRIS AWARD Moore said the decision to announce the Kazakhstan, the destruction of Hungarian WINNER winner before the annual dinner was made SCUD missiles, and work on deploying seis- this year to give the recipients greater rec- mic arrays in Egypt and Pakistan necessary ∑ Mr. LEAHY. Mr. President, early last ognition for their work. to test a global network to verify a Com- month, Paul Bruhn of South Bur- ‘‘We thought we could get a better turnout prehensive Test Ban Treaty. lington, Vermont, received the 1995 if people knew,’’ Moore said. The NDF seeks bilateral and multilateral Harris Award. Paul is the Executive [From the Burlington Free Press, May 12, project proposals that dismantle and destroy Director of the Preservation Trust of 1995] existing weapons of mass destruction, their Vermont, and I know that he was given PASACKOW, HARRIS AWARDS GIVEN components and delivery systems, that strengthen international safeguards and de- the Award because of his life-long de- (By Candy Page) livery systems, that strengthen inter- votion to improving the Burlington In a bittersweet moment Thursday national safeguards, and that improve export area and helping Vermont in all things. evening, the Pasackow family, whose Church controls and nuclear smuggling efforts. He was recognized as the Downtown Street clothing store is closing, presented

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9571 the H. Hertzel Pasackow Award to Robert The text of the speech follows: time NATO would have in advance of a mas- Miller of Miller’s Landmark, one of down- THE FUTURE OF NATO IN AN UNCERTAIN sive conventional attack westward by the town’s newest businesses. WORLD Warsaw Pact. The award, for architectural excellence, During the Cold War, we worried about a was one of two presented by the Downtown (By Senator Sam Nunn) Soviet invasion deep into Western Europe. Burlington Development Association to 1. INTRODUCTION: THE IMPORTANCE OF NATO As Michael Mandelbaum points out, the cur- downtown leaders. ENLARGEMENT rent debacle in Chechnya indicates that Rus- The audience of 200 gave a standing ova- Thank you, General Sheehan, for your sia today has serious trouble invading itself. tion to Paul Bruhn, who received the Nate kind introduction. Secretary General Claes, Today, our military planners estimate that Harris Award as the downtown NATO Military Committee Chairman Field preparation for a Russian conventional mili- businessperson of the year. Marshal Vincent, distinguished NATO am- tary attack, even against Eastern Europe, Bruhn, executive director of the Preserva- bassadors, distinguished military com- would take several years at a minimum—as- tion Trust of Vermont, was recognized for 20 manders, distinguished guests, I am honored suming the resources could be found to re- years of behind-the-scenes work in helping to to be with you this morning to discuss the build the undermanned, underfunded, poorly create the Church Street Marketplace and to role of NATO in the post Cold War period. trained and poorly disciplined Russian mili- keep it strong. The pivotal issue of NATO expansion de- tary establishment. ‘‘I’m proud to have been part of this Mar- serves thorough and careful consideration, Russia itself has gone from being the cen- ketplace,’’ Jay Pasackow said as he pre- because it has important ramifications: for ter of a menacing, totalitarian global empire sented the Pasackow award to Miller. the future of NATO; for the countries of cen- to an economically-weak, psychologically- Pasackow said Miller’s $3.5 million renova- tral and eastern Europe; for the future of troubled country struggling to move toward tion of the former J.C. Penny building meant Russia and the other countries of the former democracy and a market-based economy. that ‘‘what was potential urban decay be- Soviet Union; and for the future security and A multilateral security system is forming came a jewel for downtown.’’ order throughout Europe, east and west. across Europe that reduces nuclear and conventional armaments and makes a surprise Miller said he was sad the Pasackow fam- II. NEW SECURITY SITUATION ily is closing their business but that he is ex- attack by Russian conventional military NATO was established primarily to protect cited about the Marketplace’s future. forces toward the West increasingly un- the Western democracies from an expan- Bruhn’s work has been less visible than likely. sionist Soviet Union that seemed determined Miller’s. I have in mind the cumulative effect of to spread its influence through subversion, As an aide to Sen. Patrick J. Leahy in the such agreements as the INF Treaty, the CFE political intimidation and the threat of mili- 1970s, Bruhn helped obtain the seven federal Treaty, the unilateral U.S. and Soviet deci- tary force. grants that helped finance creation of the sions to reduce tactical nuclear weapons in When NATO was formed in the late 1940’s, Europe, the START I and pending START II Church Street pedestrian mall. Europe was faced with postwar devastation Mayor Peter Clavelle praised Bruhn for Treaties, and the pending Chemical Weapons and the emergence of Soviet aggression and Convention and Open Skies Treaty. more recent work, organizing opposition to confrontation. Western consensus developed suburban mega-developments like Wal-Mart These mechanisms are far from perfect, around two critical concepts that were deci- several await ratification, and they require and Pyramid mall. sive in winning the Cold War and in winning ‘‘Paul has been the most persistent and ef- vigorous verification and full implementa- the peace; First, Germany and Japan should tion. Yet even at this stage, they signifi- fective organizer of opposition to Pyramid not be isolated but should be integrated into and Wal-Mart...and downtown Burlington cantly enhance warning time that today is the community of democratic nations. Sec- measured in years rather than in days or in would not be what it is today if Pyramid or ond, the western democracies should pursue Wal-Mart had been built,’’ the mayor said.∑ months. together a policy of containment, and unite We are all aware of the dramatic change in f in NATO to carry out this policy. the threat environment in Europe resulting Integration and containment succeeded; from these changes. NATO EXPANSION The Berlin Wall is down and Germany is The immediate danger is posed by violent ∑ Mr. WARNER. Mr. President, one of united. Eastern Europe and the Baltics are terrorist groups; by isolated rogue states, by the critical national security issues free at last. The Soviet Empire has disinte- ethnic, religious, and other types of sub-na- that the Senate, and indeed the Nation, grated and Russia is struggling to try to es- tional passion that can flare into vicious tablish a market economy and some sem- is currently facing is the future of the armed conflict. The lethality of any and all blance of democracy. of these threats can be greatly magnified by North Atlantic Alliance. NATO, which For almost half a century, NATO’s mili- the proliferation of nuclear, chemical and bi- has been the bedrock of European tary strength was our defensive shield ological weapons, as well as by the spread of peace and stability for almost 50 years, against aggression by the Soviet Union, but destabilizing conventional weapons. is in a period of transition—adjusting our offensive sword was our free societies, This audience is well aware that Russia to the realities of the post-cold war our innovative and energetic peoples, our currently possesses over 20,000 nuclear weap- world. Key among the issues con- free market systems and our free flow of ons, at least 40 thousand tons of chemical fronting NATO is its possible expansion ideas. weapons, advanced biological warfare capa- With the end of the Cold War, we have wit- bilities, hundreds of tons of fissile material, to include the nations of Central and nessed a heart-pounding, terrain-altering set huge stores of conventional weapons, plus Eastern Europe, and, possibly, the of earthquakes centered in the former Soviet thousands of scientists and technicians states of the former Soviet Union. Union and in Easter Europe. These seismic skilled in manufacturing weapons of mass Last Thursday, June 22, Senator events have ended an international era. destruction. NUNN addressed this issue in a speech The European security environment has This is the first time in history that an to the Supreme Allied Command At- changed. We have moved from a world of empire has disintegrated while possessing lantic [SACLANT] conference in my high risk, but also high stability because of such enormous destructive capabilities. Even the danger of escalation and balance of ter- State at Norfolk, VA. I have enormous if these capabilities are greatly reduced, the ror, to a world of much lower risk but must know-how, the production capability, and respect for the views of Senator NUNN, less stability. In a strange and even tragic the dangers of proliferation will endure for my friend and colleague for 17 years in sense, the world has been made safer for ra- many years. This is the number one security the Senate. We have traveled together cial, ethnic, class and religious vengeance, threat for America, for NATO, and for the extensively and jointly worked on savagery and civil war. Such tragedy has world. projects such as the Nunn-Warner Nu- come to the people of Bosnia, Somalia, Haiti, As we contemplate NATO enlargement, we clear Risk Reduction Centers, cur- Rwanda, Burundi, Liberia, Sudan, must carefully measure its effect on this pro- rently located in Washington, DC and Tajikistan, Georgia, Azerbaijan, and many liferation threat. others. In the longer term, we cannot dismiss the Moscow. The dust has not settled. Bosnia continues possibility of a resurgent and threatening He is recognized around the world as to erode NATO’s credibility and confidence. Russia. an expert on national security issues, Yet it is clear that the overall security and Russia not only has inherited the still dan- and in particular on issues related to freedom of Europe has dramatically im- gerous remnants of the Soviet war machine. NATO. While I might not agree with all proved. In addition, even in its currently weakened of the points made in Senator NUNN’s The Eastern European countries, the Bal- condition, Russia possesses great potential speech on NATO expansion, it is a very tic countries, and many of the countries of in human and material resources. By virtue thoughtful contribution to this impor- the former Soviet Union have become fully of its size and strategic location, Russia ex- independent, are turning westward, and are erts considerable weight in Europe, Asia and tant international dialog. I commend it anxious to become part of the European com- the Middle East. Meanwhile, Russia has in- to the attention of my colleagues, and munity and to join NATO as full members. herited the USSR’s veto power in the UN Se- I ask that the text of Senator NUNN’s We are no longer preoccupied with the cru- curity Council and therefore has a major speech be printed in the RECORD. cial Cold War issue of how much warning voice in multilateral decision making.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9572 CONGRESSIONAL RECORD — SENATE June 30, 1995 Russia will be a major factor, for better or not aimed at you. In fact, you too can even- While Russia would take years to mount a worse, across the entire spectrum of actual tually become a member of NATO. This sustained military threat to eastern Europe, and potential threats. raises serious questions. it can within weeks or months exert severe Russia can fuel regional conflicts with Are we really going to be able to convince external and internal pressure on its imme- high technology conventional weapons, the East Europeans that we are protecting diate neighbors to the west—including the along with political and other material sup- them from their historical threats, while we Baltic countries and Ukraine. This could set port. convince the Russians that NATO’s enlarge- in motion a dangerous action-reaction cycle. Or Russia can cooperate with us in ment has nothing to do with Russia as a po- Moreover, because a conventional military defusing such conflicts, particularly by pre- tential military threat? response from Russia in answer to NATO en- venting the spread of Russian weaponry to Are we really going to be able to convince largement is infeasible, a nuclear response, irresponsible hands. Ukraine and the Baltic countries that they in the form of a higher alert status for Rus- Russia can itself emerge as a militarily ag- are somehow more secure when NATO ex- sia’s remaining strategic nuclear weapons gressive power. pands eastward but draws protective lines and conceivably renewed deployment of tac- Or Russia can assist us in averting new ri- short of their borders and places them in tical nuclear weapons, is more likely. The valry among major powers that poisons the what the Russians are bound to perceive as security of NATO, Russia’s neighbors, and international security environment. the ‘‘buffer zone?’’ the countries of eastern Europe will not be Russia can pursue a confrontational course In short, are we trying to bridge the enhanced if the Russian military finger that undermines security and cooperation in unbridgeable, to explain the unexplainable? moves closer to the nuclear trigger. Europe. Are we deluding others or are we deluding By forcing the pace of NATO enlargement Or it can work with us to broaden and ourselves? at a volative and unpredictable moment in strengthen the emerging system of multilat- The advantages of NATO’s current course Russia’s history, we could place ourselves in eral security in Europe. toward enlargement cannot be ignored. If the worst of all security environments: rap- Out of all this background come five funda- NATO expands in the near term to take in idly declining defense budgets, broader re- mental points: the Visegrad countries, these countries sponsibilities, and heightened instability. We First, preventing or curbing the prolifera- would gain in self-confidence and stability. will also find ourselves with increasingly dif- tion of weapons of mass destruction is the It is possible that border disputes and major ficult relations with the most important most important and most difficult security ethnic conflicts presumably would be settled country in the world in terms of potential challenge we face. before entry—for instance, the dispute infor proliferation of weapons of mass destruc- Second, Russia is a vast reservoir of weap- volving the Hungarian minority in Romania. tion. onry, weapons material and weapons know- However, the serious disadvantages must This is the stuff that self-fulfilling proph- how. Thousands of people in Russia and be thought through carefully. ecies, and historic tragedies, are made of. For example, my conversations with Rus- throughout the former Soviet Union have IV. SPECIFIC RECOMMENDATIONS FOR ALLIANCE sian government officials, members of the the knowledge, the access, and strong eco- POLICY nomic incentives to engage in weapons traf- Russian parliament across the political spec- Where do we go from here? I recognize that fic. trum, and non-official Russian foreign policy it is much easier to criticize than to con- Third, increased Russian isolation, para- specialists convince me that rapid NATO en- struct, but I do have a few suggestions. noia or instability would make this security largement will be widely misunderstood in I suggest a two-track approach to NATO challenge more difficult and more dangerous. Russia and will have a serious negative im- enlargement. Fourth, although the West cannot control pact on political and economic reform in The first track would be evolutionary and events in Russia, and probably can assist po- that country. There are several reasons for would depend on political and economic de- litical and economic reform there only on this: velopments within the European countries the margins, as the medical doctors say, our At the moment, Russian nationalism is on who aspire to full NATO membership. When first principle should be DO NO HARM. the rise and reformers are on the defensive. a country becomes eligible for European Fifth, we must avoid being so preoccupied The Russian military establishment and the Union membership, it will also be eligible to with NATO enlargement that we ignore the still huge military-industrial complex that join the Western European Union and then consequences it may have for even more im- undergirds it are dispirited and resentful. be prepared for NATO membership, subject portant security priorities. The average Russian voter has trouble making ends meet, is unsure what the future to course to NATO approval. III. PROBLEMS WITH THE CURRENT APPROACH TO may hold, but is well aware that Russia has This is a natural process connecting eco- NATO ENLARGEMENT gone from being the seat of a global empire nomic and security interests. It is against this background that I offer a and the headquarters of a military super- We can honestly say to Russia that this few observations on the current approach to power to a vastly weakened international process is not aimed at you. NATO enlargement. status. The second track would be threat-based. NATO’s announced position is that the Russian nationalists feed this sense of loss An accelerated, and if necessary immediate, question of enlargement is not whether, but and uncertainty by proclaiming that rapid expansion of NATO would depend on Russian when and how. Somehow I have missed any NATO enlargement is intended to take ad- behavior. We should be candid with the Rus- logical explanation of WHY. I cannot speak vantage of a weakened Russia and will pose sian leadership, and above all honest with of public opinion in other countries, but in a grave security threat to the Russian peo- the Russian people, by telling them frankly: America when the enlargement debate fo- ple. Russian demagogues argue that Russia If you respect the sovereignty of your cuses on issues of NATO nuclear policy, must establish a new global empire to neighbors, carry out your solemn arms con- NATO troop deployments, and formal NATO counter an expansionist west. They smile trol commitments and other international military commitments—played against the with glee every time NATO expansion is obligations, and if you continue on the path background of repercussions in Russia— mentioned. toward democracy and economic reform, somebody had better be able to explain to Russian democrats do not see an imme- your neighbors will not view you as a threat, the American people WHY, or at least WHY diate military threat from an enlarged and neither will NATO. NOW. NATO but fear the reaction of the Russian We will watch, however, and react: NATO was founded on a fundamental people. The democrats worry that alarmist (1) to aggressive moves against other sov- truth: the vital interests of the countries of messages, however distorted, will set back ereign states; NATO were put at risk by the military power democracy by increasing popular tolerance (2) to militarily significant violations of and political intimidation of the Soviet for authoritarianism and renewed military your arms control and other legally binding Union. As President Harry Truman said in spending within Russia, and by isolating obligations pertinent to the security of Eu- his memoirs: ‘‘The [NATO] pact was a shield Russia from western democracies. rope; against aggression and against the fear of In short, if NATO enlargement stays on its (3) to the emergence of a non-democratic aggression....’’ Because NATO was built on current course, reaction in Russia is likely Russian government that impedes fair elec- this fundamental truth, and because we dis- to be a sense of isolation by those committed tions, suppresses domestic freedoms, or insti- cussed it openly and faced it truthfully with to democracy and economic reform, with tutes a foreign policy incompatible with the our people, the alliance endured and pre- varying degrees of paranoia, nationalism and existing European security system. vailed. demagoguery emerging from across the cur- These developments would be threatening Today, we seem to be saying different rent political spectrum. to the security of Europe and would require things to different people on the subject of In the next few years, Russia will have nei- a significant NATO response, including ex- NATO enlargement. ther the resources nor the wherewithal to re- pansion eastward. We would be enlarging To the Partnership for Peace countries, we spond with a conventional military build-up. NATO based on a real threat. We would not, are saying that you are all theoretically eli- If, however, the more nationalist and ex- however, be helping to create the very threat gible and if you meet NATO’s entrance cri- treme political forces gain the upper hand, we are trying to guard against. teria (as yet not fully spelled out), you will by election or otherwise, we are likely to see Finally, Partnership for Peace is a sound move to the top of the list. other responses that are more achievable and framework for this two-track approach. Its To the Russians, we are also saying that more dangerous to European stability. For role would be to prepare candidate countries NATO enlargement is not threat-based and example: and NATO itself for enlargement on either

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9573 track. Programs of joint training and exer- S. 982 (II) by striking ‘‘such subsection’’ and in- cises, development of a common operational Be it enacted by the Senate and House of Rep- serting ‘‘this section’’; doctrine, and establishment of inter-operable resentatives of the United States of America in (ii) by redesignating subparagraph (B) as weaponry, technology and communications Congress assembled, subparagraph (C); would continue, based on more realistic con- SECTION 1. SHORT TITLE. (iii) by inserting immediately after sub- tingencies. Tough issues such as nuclear pol- This Act may be cited as the ‘‘National In- paragraph (A) the following: icy and forward stationing of NATO troops formation Infrastructure Protection Act of ‘‘(B) a fine under this title or imprison- would be discussed in a threat-based frame- 1995’’. ment for not more than 5 years, or both, in work, one which we hope would remain theo- the case of an offense under subsection (a)(2), retical. SEC. 2. COMPUTER CRIME. Section 1030 of title 18, United States Code, if— As the Russian leaders and people make ‘‘(i) the offense was committed for pur- their important choices, they should know is amended— (1) in subsection (a)— poses of commercial advantage or private fi- that Russian behavior will be a key and rel- nancial gain; evant factor for NATO’s future. This (A) in paragraph (1)— (i) by striking ‘‘knowingly accesses’’ and ‘‘(ii) the offense was committed in further- straightforward approach is also important ance of any criminal or tortuous act in viola- for our citizens, who will have to pay the inserting ‘‘having knowingly accessed’’; (ii) by striking ‘‘exceeds’’ and inserting tion of the Constitution or laws of the bills and make the sacrifices required by ex- United States or of any State; or panded NATO security commitments. ‘‘exceeding’’; ‘‘(iii) the value of the information obtained The profound historical contrast between (iii) by striking ‘‘obtains information’’ and exceeds $5,000;’’; and post-World War I Germany and post-World inserting ‘‘having obtained information’’; (iv) by striking ‘‘the intent or’’; (iv) in subparagraph (C) (as redesignated), War II Germany should tell us that neo-con- (v) by striking ‘‘is to be used’’ and insert- by striking ‘‘such subsection’’ and inserting tainment of Russia is not the answer at this ing ‘‘could be used’’; and ‘‘this section’’; critical historical juncture. If future devel- (vi) by inserting before the semicolon at opments require the containment of Russia, (C) in paragraph (3)— the end the following: ‘‘willfully commu- it should be real containment, based on real (i) in subparagraph (A)— nicates, delivers, transmits, or causes to be threats.∑ (I) by striking ‘‘(a)(4) or (a)(5)(A)’’ and in- communicated, delivered, or transmitted, or serting ‘‘(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)’’; f attempts to communicate, deliver, transmit and or cause to be communicated, delivered, or (II) by striking ‘‘such subsection’’ and in- CELEBRATING THE CENTENNIAL transmitted the same to any person not enti- serting ‘‘this section’’; and OF THE CHURCH PUBLIC SCHOOL tled to receive it, or willfully retains the (ii) in subparagraph (B)— same and fails to deliver it to the officer or ∑ Mr. LEVIN. Mr. President, I am (I) by striking ‘‘(a)(4) or (a)(5)’’ and insert- employee of the United States entitled to re- ing ‘‘(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or pleased to call the attention of my col- ceive it’’; (a)(7)’’; and (B) in paragraph (2)— leagues to an institution in Michigan (II) by striking ‘‘such subsection’’ and in- (i) by striking ‘‘obtains information’’ and that is celebrating their 100th anniver- serting ‘‘this section’’; and sary. On July 9, 100 years ago land for inserting ‘‘obtains— ‘‘(A) information’’; and (D) by striking paragraph (4); the church school, formally known as (ii) by adding at the end the following: (3) in subsection (d), by inserting ‘‘sub- Lincoln No. 2, was deeded to the school ‘‘(B) information from any department or sections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), district by Julius and Sophia Labute agency of the United States; or (a)(5), and (a)(6) of’’ before ‘‘this section.’’; for the price of $49.50. The Huron Trib- ‘‘(C) information from any protected com- (4) in subsection (e)— une posted a notice on June 21, 1895, puter if the conduct involved an interstate (A) in paragraph (2)— that requested sealed tenders for the or foreign communication;’’; (i) by striking ‘‘Federal interest’’ and in- erection of a veneered schoolhouse in (C) in paragraph (3)— serting ‘‘protected’’; (ii) in subparagraph (A), by striking ‘‘the District No. 2, Township of Lincoln. (i) by striking ‘‘the use of the Govern- ment’s operation of such computer’’ and in- use of the financial institution’s operation or While the complete records of who serting ‘‘that use by or for the Government the Government’s operation of such com- taught at the school that first year of the United States’’; and puter’’ and inserting ‘‘that use by or for the were not preserved, we do know that (ii) by striking ‘‘adversely’’; financial institution or the Government’’; the school was completed and was most (D) in paragraph (4)— and likely in session because of June Nel- (i) by striking ‘‘Federal interest’’ and in- (iii) by amending subparagraph (B) to read son who authored the story, A Long serting ‘‘protected’’; and as follows: Trek. The story is one of many in Ms. (ii) by inserting before the semicolon the ‘‘(B) which is used in interstate or foreign following: ‘‘and the value of such use is not commerce or communication;’’; Nelson’s book entitled ‘‘Tales From the more than $5,000 in any 1-year period’’; Tip of the Thumb.’’ The story tells of a (B) in paragraph (6), by striking ‘‘and’’ the (E) by amending paragraph (5) to read as last place it appears; wagon train leaving from Filion, MI, in follows: (C) by striking the period at the end of October 1895 and the travelers were ‘‘(5)(A) knowingly causes the transmission paragraph (7) and inserting ‘‘; and’’; and looking for a map of the United States. of a program, information, code, or com- (D) by adding at the end the following new One of them remembered that the new mand, and as a result of such conduct, inten- paragraphs: Lincoln No. 2 schoolhouse on the cor- tionally causes damage without authoriza- ‘‘(8) the term ‘damage’ means any impair- ner had such a map in its geography tion, to a protected computer; ment to the integrity or availability of data, ‘‘(B) intentionally accesses a protected a program, a system, or information, that— chart and they had no trouble obtain- computer without authorization, and as a re- ‘‘(A) causes loss aggregating at least $5,000 ing it in the middle of the night. sult of such conduct, recklessly causes dam- in value during any 1-year period to one or For 100 years that schoolhouse on the age; or more individuals; corner has taught thousands of stu- ‘‘(C) intentionally accesses a protected ‘‘(B) modifies or impairs, or potentially computer without authorization, and as a re- dents the basic building blocks that modifies or impairs, the medical examina- sult of such conduct, causes damage;’’; and lead to a life of learning. I congratulate tion, diagnosis, treatment, or care of one or (F) by inserting after paragraph (6) the fol- them on a century of success and wish more individuals; them well as they enter the new mil- lowing new paragraph: ‘‘(7) with intent to extort from any person, ‘‘(C) causes physical injury to any person; lennium with the timeless values that firm, association, educational institution, fi- or have served them and their students nancial institution, government entity, or ‘‘(D) threatens public health or safety; and well since the 19th century.∑ other legal entity, any money or other thing ‘‘(9) the term ‘government entity’ includes of value, transmits in interstate or foreign the Government of the United States, any f commerce any communication containing State or political subdivision of the United any threat to cause damage to a protected States, any foreign country, and any state, NATIONAL INFORMATION INFRA- computer;’’; province, municipality, or other political STRUCTURE PROTECTION ACT (2) in subsection (c)— subdivision of a foreign country.’’; and OF 1995 (A) in paragraph (1), by striking ‘‘such sub- (5) in subsection (g)— (A) by striking ‘‘, other than a violation of ∑ Mr. KYL. Mr. President, I ask that S. section’’ each place it appears and inserting ‘‘this section’’; subsection (a)(5)(B),’’; and 982, the National Information Infra- (B) in paragraph (2)— (B) by striking ‘‘of any subsection other structure Protection Act of 1995, be (i) in subparagraph (A)— than subsection (a)(5)(A)(ii)(II)(bb) or printed in the RECORD. (I) by inserting ‘‘, (a)(5)(C),’’ after ‘‘(a)(3)’’; (a)(5)(B)(ii)(II)(bb)’’ and inserting ‘‘involving The text of the bill follows: and damage as defined in subsection (e)(8)(A)’’.∑

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9574 CONGRESSIONAL RECORD — SENATE June 30, 1995 HOT AIR BAKING ALASKA servation measures, only 1.71 million was intent is to defraud hard-working men ∑ left for logging. And 400,000 of that was sec- and women. Mr. STEVENS. Mr. President, I ask ond-growth that could not be ready to cut that the following article be printed in Every disaster has examples of indi- for 40 years. Now, the Clinton administration viduals who are victimized twice—first the RECORD. has invoked the Endangered Species Act to The article follows: create Habitat Conservation Areas totaling by the disaster and later by uncon- [From the Washington Times, June 9, 1995] 600,000 acres of the remainder for ‘‘poten- scionable price hikes and fraudulent contractors. In the wake of the 1993 HOT AIR BAKING ALASKA tially endangered species.’’ Thus, of the Tongass’ 17 million acres, Midwest flooding, Iowa officials found (By Alston Chase) 600,000 is actually available for logging. In a that some vendors raised the price of Our helicopter swooped down on a black forest that grows more than a billion board portable toilets from $60 a month to $60 bear that was lazily grazing lush grass beside feet annually, loggers last year cut a mere a crystal clear mountain river. Around him, a day! In other flood-hit areas, carpet 276 million. And as harvests plummet, mills cleaners hiked their prices to $350 per I could see an intense green mosaic of mead- close and unemployment rises. In 1989, the ows and, beyond them, thick forests that pulp mill in Sitka ran out of logs and closed hour, while telemarketers set up tele- stretched to the skyline, where dark peaks its doors, and last winter, the saw mill in phone banks to solicit funds for phony loomed through the mist. Wrangell went belly up for the same reason. flood-rated charities. I was flying over the Thorne River on And while Alaska’s congressmen promise to Nor will television viewers forget the Prince of Wales Island in Southeast Alaska’s open the forest, the citizens of this region scenes of beleaguered South Floridians Tongass National Forest—a stream that in are not optimistic. They have heard that buying generators, plastic sheeting, April the conservation group American Riv- kind of talk before. and bottled water at outrageous prices ers, claiming that ‘‘extensive logging’’ would Citizens of the Tongass are victims of harm ‘‘potentially threatened’’ creatures, in the aftermath of Hurricane Andrew. phoney science that supposes mythical ‘‘eco- After Hurricane Iniki devastated the designated one of the country’s ‘‘most en- system health’’ is more important than peo- dangered’’ rivers. ple; of preservation laws that provide lush Island of Kauai, a contractor promising But environmentalists, I discovered, had grazing for activist attorneys; of shark pack quick home repair took disaster bene- things backward. Prince of Wales, which has activists who ride piggyback on each others’ fits from numerous homeowners and been extensively logged, is thriving. By con- media campaigns, repeating half-truths until fled the area without completing prom- trast, more than 96 percent of the Tongass the public believes them; of federal subsides ised construction. remains untouched, yet is dying. to groups who sue ‘‘to protect the environ- For more than a decade, various groups While the Stafford Natural Disaster ment;’’ of public ignorance and activist prop- have insisted that the Tongass, ‘‘America’s Act currently provides for civil and aganda; of media arrogance and govern- rain forest,’’ is in deep trouble due to unprin- criminal penalties for the misuse of ment’s inexorable urge to grow. cipled logging. I found that while this region disaster funds, it fails to address con- They wonder when America will learn the is indeed at risk, the culprit is truth: that without logging, trees die and tractor fraud. To fill this gap, my legis- conservationism. The Thorne, in particular, people suffer. Without logging, the Tongass lation would make it a Federal crime is flourishing. will remain an exclusive preserve of the af- to fraudulently take money from a dis- Contrary to activist claims, the Forest fluent or anointed, who don’t deserve it. Service manages it as a ‘‘Scenic and Rec- aster victim and fail to provide the They know this is a national outrage. But reational River’’ and plans no logging there, agreed upon material or service for the they wonder: Does anyone in Washington except in a tiny portion of one tributary. cleanup, repair, and recovery. care?∑ Where harvests are under consideration, The Stafford Act also fails to address they would be prohibited within a half-mile f price gouging. Although it is the re- of any stream. And although 21 percent of sponsibility of the States to impose re- THE DISASTER VICTIMS CRIME the drainage has already been logged—much strictions on price increases prior to a PREVENTION ACT OF 1995 of it long ago—pink salmon runs have risen Federal disaster declaration, Federal from lows of 300 in the 1960s to highs of ∑ Mr. AKAKA. Mr. President, shortly penalties for price gouging should be 350,000 in the 1990s. after the Senate returns from the This reveals what foresters know: that in imposed once a disaster has been de- this land which annually receives 160 inches Fourth of July recess, I plan to intro- clared. I am pleased to incorporate in of rain and where trees grow like weeds, log- duce the Federal Disaster Preparedness this measure an initiative Senator ging can be nature’s best friend. Properly and Response Act of 1995. This bill will GLENN began following Hurricane An- harvested, these forests could grow at the be very similar to the measure I of- drew to combat price gouging and ex- rate of 1.35 billion board feet a year. But left fered in the 103d Congress with Senator cessive pricing of goods and services. alone, they are dying. Meanwhile, the lack of GLENN and GRAHAM of Florida. There already is tremendous coopera- cutting ensures few recreational opportuni- It is very appropriate to announce tion among the various State and local ties are available for ordinary people. Dotted my intention to reintroduce this legis- with muskeg swamps, littered with deadfall offices that deal with fraud and con- and covered with a solid curtain of densely lation as we debate the conference re- sumer protection issues and it is quite packed trees, the land is nearly impen- port on the supplemental disaster bill. common for these fine men and women etrable. Only the super-rich can afford the We are all aware of the tremendous to lend their expertise to their col- helicopters needed to reach camping and costs incurred during a natural dis- leagues from out-of-State during a nat- fishing spots in its interior. aster. What many of us are unaware of ural disaster. This exchange of experi- That is what makes Prince of Wales dif- is the need to combat fraud against ences and practical solutions has cre- ferent. Thanks to logging, it is experiencing victims of Federal disasters. The legis- ated a strong support network. phenomenal tree growth and has a wonderful lation I plan to introduce would make road and trail network that puts the lakes However, a Federal remedy is needed and streams within reach of hikers. it a Federal crime to defraud persons to assist States when a disaster occurs. Unfortunately, such accessibility dis- through the sale of materials or serv- There should be a broader enforcement pleases the scions of Grosse Point and the ices for cleanup, repair, and recovery system to help overburdened State and Barons of the Beltway, whose largess and ap- following a federally declared disaster. local governments during a time of dis- petite for power sustains the environmental Because of instant media coverage of aster. The Federal Government is in a movement. These elite prefer to keep the the destruction caused by these cata- position to ensure that residents with- Tongass so remote its choice spots can only strophic events, we are able to see in a federally declared disaster area do be reached by qualified governmental authorities or refined persons such as them- first-hand the concern of others, such not fall victim to fraud. Federal agen- selves, who have access to, or can afford, as Red Cross volunteers passing out cies should assist localities to provide guides and helicopters. So to make their blankets and food and citizens travel- such a support system. playground safe from democracy, they suc- ling hundreds of miles to help rebuild In addition to making disaster-re- cessfully lobbied and litigated to reduce har- strangers’ homes. lated fraud a Federal crime, this bill vest plans until, today, cutting approaches Despite the outpouring of public sup- would also require the Director of the zero. port that follows these catastrophes, Federal Emergency Management Agen- Of the Tongass’ 17 million acres, 10 million there are unscrupulous individuals who cy to develop public information mate- are forested, and of that 5.7 million are accessible for ‘‘commercial’’ forestry. In 1980, prey on trusting and unsuspecting vic- rials to advise disaster victims about federal legislation set aside around 1.6 mil- tims. This measure would criminalize ways to detect and avoid fraud. I have lion of this as wilderness. After the 1990 some of the activities undertaken by seen a number of anti-fraud material Tongass Timber Reform Act and other con- these unprincipled people whose sole prepared by State consumer protection

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9575 offices and believe this section would of the world. Indeed, isolationist senti- While the United Nations work for assist States to disseminate anti-fraud ment succeeded in preventing the peace and prosperity has never been related material following the declara- United States from joining the League easy, current challenges to peace have tion of a disaster by the President. of Nations at the end of World War I, grown more complex partly because I look forward to working with my despite the fact that President Wood- the nature of the conflicts the United colleagues in enacting this legisla- row Wilson was its leading architect. Nations is asked to address has tion.∑ Those who labored in San Francisco changed. Complex interethnic conflicts f and elsewhere to create the United Na- are resurfacing after having been sup- tions half a century ago learned from pressed. Guerrilla warfare is increas- THE UNITED NATIONS AT 50 the mistakes of their predecessors with ingly conducted by warring factions ∑ Mr. SARBANES. Mr. President, 50 respect to the League of Nations. Par- who do not respond to political or eco- years ago this week in San Francisco, ties to the initial negotiations at nomic pressure. Conflict is frequently the U.N. Charter was opened for signa- Dumbarton Oaks on establishing a within borders and involves militias ture. After some 9 weeks of negotia- United Nations, and to later prepara- and armed civilians who lack discipline tions, as World War II was drawing to tions in San Francisco, insisted, for ex- and clear chains of command. Disputes a close, representatives from 50 coun- ample, that the U.N. organization rec- often take place without clear front tries unanimously adopted the charter. ognize the reality of great powers by lines. The fact that combatants often On the 24th of October 1945, the charter granting significant authority to a Se- target civilians leads to increasing came into force, and the United Na- curity Council. In that Council, the numbers both of displaced persons and tions was effectively born. United States and other major powers refugees. During this, the 50th anniversary were given the veto power—thereby en- In an effort to address such conflicts, year of the United Nations, I am deeply suring that the United Nations could the United Nations has expanded its concerned that, rather than cele- not undertake operations which United operational responsibilities. As a re- brating its endurance, we are wit- States opposed. In recognition of the sult, U.N. peacekeeping missions have nessing a disturbing series of attacks leadership role taken by the United been deployed in places like Somalia or upon it. Ironically, these attacks come States in building the United Nations, Rwanda where personnel must grapple at a challenging time for the United New York was later chosen to serve as with the fact that no effective state Nations. For now, with the end of the U.N. headquarters. structure exists. In many trouble Ensuring responsible U.S. engage- cold war, the United Nations has a gen- sports, the police and judiciary have ment within the United Nations in 1995 uine opportunity to function as it was collapsed, and general banditry and remains nearly as demanding as in intended to at the end of World War II. chaos prevail. Government assets have 1945. Much of the advice offered by Sen- For many years, a constant Soviet been destroyed and stolen; experienced ator Gurney, a Republican from South veto in the Security Council effectively officials have been killed or forced to Dakota, to his Senate colleagues in neutralized the United Nations. Be- flee the country. These realities are 1945 rings true today: tween 1946 and 1970, for example, the forcing the U.N. personnel to recon- . . . let me caution that after our almost Soviet Union vetoed Security Council sider their terms of reference and to actions more than 100 times before the unanimous vote for the Charter today we cannot merely sit back and feel and say, grapple with inadequate mandates. The United States even cast its first veto. ‘‘Everything is fixed now, everyone is safe.’’ truth is that the United Nations has But the United States chose to per- No; our people are entitled by their sacrifices been asked to handle some of the most severe within the existing U.N. frame- in this war and others to more than that. We uncertain, intractable, and dangerous work. Even when casting their votes in and all other nations must give the Charter cases of conflict. 1945 to support ratification of the U.N. organization the all-out support of all our Clearly, the United Nations must be people—sincere, honest support, continuing Charter, Senators recognized the chal- practical about the limits of its peace- lenging agenda faced by the United Na- for years to come—in order that this world organization may be a growing, living in- keeping and must not undertake ef- tions in the years ahead. Senator strumentality, capable of handling world forts that will drain U.N. resources Mead, a Democrat from New York, of- problems in a fair and effective way. without achieving the mission’s goals. fered the following admonition: Even as we mark the United Nation’s It is frustrating not to be able to re- The Charter is not a key to utopia. Words first 50 years, we must look to the solve all the many conflicts on the written upon paper have no power in and of challenges of a new century. In past international agenda, but do we aban- themselves to alter the course of events. It is don the United Nations if it cannot only the spirit of men and nations behind decades, others designed the United those words which can do that. Nations, drafted the charter, passed completely and successfully solve the enabling legislation, and per- every problem in our world? Few insti- Today we continue to face the ques- severed throughout the cold war. The tutions dealing with such complex tion: What kind of spirit do we wish to task facing us in this decade is to as- matters (or for that matter much sim- guide our discussion of the United Na- sist the United Nations to adapt to the pler ones) have 100-percent success tions in 1995? end of the cold war and to a new cen- records. There are two sharply contrasting di- tury. The need for a United Nations re- In 1945, President Truman made an rections in which our discussion of the mains clear, for, as Madeleine observation that is relevant to the cur- United Nations can proceed. One is tan- Albright, the U.S. representative to the rent examination of U.N. peacekeeping tamount to withdrawing U.S. support United Nations, has commented: efforts. He said, from the United Nations by constantly The battle-hardened generation of Roo- searching out ways of undermining and Building a peace requires as much moral sevelt, Churchill and De Gaulle viewed the stamina as waging a war. Perhaps it requires weakening the institution. Unfortu- U.N. as a practical response to an inherently even more, because it is so laborious and nately there are legislative proposals contentious world; a necessity not because painstaking and undramatic. It requires un- before this Congress which would move relations among states could ever be brought dying patience and continuous application. in this direction. Alternatively, we into perfect harmony, but because they can- But it can give us, if we stay with it, the could apply our energies toward ensur- not. greatest reward that there is in the whole ing that the United States plays a key This sense of realism seems absent field of human effort. role in reforming and strengthening from many of the current discussions I believe Americans recognize the the United Nations as we prepare to of the United Nations. While many rail wisdom of President Truman’s words enter a new century. I strongly believe about the deficiencies of the United and want to do their part; the United that the hope of building a peaceful Nations, they have not proposed a via- Nations is one means by which they and prosperous world lies in choosing ble alternative to the United Nations. can do so. the latter course. If we look back at the debate 50 years While U.N. peacekeeping has recently There have been times in our history ago, we see that Senators recognized been the focus of attention, much of when Americans believed that we could the necessity of U.N. membership part- the United Nations work takes place in go it alone and simply ignore conflicts ly because they acknowledged the ab- other areas. Less in the spotlight are and problems originating in other parts sence of an alternative. the steadfast efforts of U.N. agencies

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9576 CONGRESSIONAL RECORD — SENATE June 30, 1995 working to alleviate poverty, to slow Over the years business leaders in months from my Republican colleagues the spread of HIV/A.I.D.S., and to feed this enterprise have come together and in the Senate that the President was and educate the world’s children. prospered, exercising that grand demo- not committed to Federal law enforce- Where conflict leads to destabilization cratic tradition of flexing their comment. I have heard time and again of families and societies, the United mon interests and gathering strength from my Republican colleagues that Nations is there to shelter and feed ref- in numbers. By coming together, the they would increase funding for Fed- ugees and displaced persons. Progress members of the Michigan Retail Hard- eral law enforcement. made on upholding international ware Association make our commu- Well, something just does not add norms on human rights also stems nities and our economy solid, the skills up—House subcommittee Republicans from the work of U.N. agencies. Fi- of managers and workers are fortified, will not give the President the increase nally, the United Nations is responsible and camaraderie and good fellowship he requested for the FBI, despite all for many of the gains made in reducing grows. the rhetoric I have heard over the past the use of ozone-depleting substances, The trip to the hardware store has several months. evaluating environmental impacts, and become a valued ritual for American The cuts to Federal law enforcement conserving biological diversity. These families as they labor to make im- do not even stop there. The House sub- are but a few of the challenges facing provements on hearth and home. As we committee Republicans cut $17 million the world today. Many of these prob- build and fix and sand and paint, we from the $54 million boost requested lems have effects that do not respect look to our hardware centers to give us for DEA agents by the administration. national or geographic borders, and the the tools and gadgets we need to make That is more than a 30-percent cut. The United Nations offers a coherent and our lives more comfortable and bright. House subcommittee Republicans pro- coordinated approach for meeting such For me, the nostalgia of the hardware vide no dollars of the $60 million au- challenges. store is that no small town in America Mr. President, whether Americans thorized for DEA in the Dole/Hatch really seems complete without a hard- feel the responsibility of exercising counterterrorism bill. ware store plunked down in the middle global leadership, are responding to hu- Let me review another area where manitarian concerns, or seeking to ex- of Main Street. My best wishes for this business the actions of these subcommittee Re- pand opportunities for international group on the centennial anniversary of publicans are completely opposite the trade and commerce, the United Na- their founding. My best hopes for many rhetoric I have heard from the other tions offers us a critical world forum. more additional years of productivity side here in the Senate. to cripple the United Nations by an ∑ The Violence Against Women Act— erosion or withdrawal of American par- ahead. having first introduced the Violence ticipation would be a terrible mistake. f Against Women Act 5 years ago, I had The United Nations provides the insti- HOUSE CUTS CRIME-FIGHTING welcomed the bipartisan support fi- tutional means for leveraging Amer- DOLLARS nally accorded the act last year. I ican diplomatic, economic, and mili- ∑ Mr. BIDEN. Mr. President, I rise to would note the strong support provided tary resources in ways that enhance offer my strong opposition to actions by Senators HATCH and DOLE. our vital National interests. Opinion taken by the House Commerce/State/ surveys consistently indicate that a But, when we have gotten past the Justice Appropriations Subcommittee solid majority of the American people rhetoric and it came time to actually earlier this week. In passing the 1996 recognize the positive role that the write the check in the Appropriations appropriation’s bill the subcommittee United Nations can play. I hope such Subcommittee, the women of America Republicans have set off on a course recognition of the United Nations were mugged. The President requested which would cripple Federal, State, value and importance will be dem- $175 million for the Justice Depart- and local efforts to combat crime. If onstrated when the Senate considers ment’s violence against women pro- the subcommittee Republicans’ plan is U.S. participation in and support for grams, and the House subcommittee adopted: New FBI agents will not be the United Nations. Let us heed the Republicans have provided less than hired; 20,000 State and local police will words of warning offered by President half—$75 million. not be hired; thousands of wife-beaters Truman in 1945: ‘‘The immediate, the While the specific programs have not will not be arrested, tried or convicted; greatest threat to us is the threat of been yet identified, that $100 million new DEA agents will not be hired; disillusionment, the danger of insidious will mean the key initiatives will not 80,000 offenders released on probation skepticism—a loss of faith in the effec- get the funding that everyone on both will not be tested for drugs or subject tiveness of international coopera- sides of the aisle agreed they should: to certain punishment; and digital te- tion.’’∑ $130 million was requested for grants to lephony technology vital to law en- State and local police, prosecutors and f forcement will not be developed. victims groups; $28 million was re- ONE HUNDRED YEARS IN First, let me address the cuts to Fed- quested to make sure that every man HARDWARE eral law enforcement. The President who beats his wife or girlfriend is ar- ∑ requested an increase of $122 million Mr. LEVIN. Mr. President, my hearty rested; $7 million was requested for en- for FBI agents and other FBI activi- congratulations to the Michigan Retail forcement efforts against family vio- ties—but the subcommittee Repub- Hardware Association on its 100th an- lence and child abuse in rural areas; licans cut $45 million from that re- niversary. This fine organization has and $6 million was requested to provide been serving the hardware, home cen- quest. I would also point out that the sub- special advocates for abused children ter, and lumber industry since July 9, who come before a court. 1895, when it was founded in Detroit. In committee Republicans provides no reaching this milepost, they have dollars of the $300 million authorized I keep hearing about how the Vio- weathered the years, surviving wars for FBI in the Dole/Hatch counter-ter- lence Against Women Act is a bipar- and depression, growing to be a robust rorism bill. This legislation has not tisan effort. In all the new so-called and vigorous organization. passed into law, so some might say crime bills I have seen proposed by The backbone of this association is in that is the reason that none of these Members of the other side, not once the ranks of the hundreds of small dollars are made available. But, the have I seen any effort to repeal or cut business men and women who stand be- subcommittee Republicans did find a back on any element of the Violence hind those hardware store counters way to add their block grant which Against Women Act. But, the actions each day, ready to serve their cus- passed the House, but not the Senate. of the House subcommittee Repub- tomers with a smile and a helping So, I do not think there is any expla- licans tell a completely different story. hand. Those weekend chores we all nation for cutting the FBI other than a To discuss yet another troubling as- face, to fix up or cleanup our home- fundamental lack of commitment to pect of the House subcommittee Repub- steads, becomes a pleasant endeavor Federal law enforcement by the sub- lican bill—this bill eliminates the $1.9 after that cheerful visit to the neigh- committee Republicans. I have heard billion sought for the second year of borhood hardware store. time and again over the past several the 100,000 police program. That $1.9

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9577 billion would put at least 20,000 more ant Secretary of Committee III, the In creating the United nations 50 years State and local police officers on the Enforcement Arrangements Com- ago, the more than 1,700 delegates and their streets—and probably many more, for mittee, and worked specifically on assistants were driven by the horror of a war that had cost an estimated 45 million lives. the $1.1 billion spent so far this year what became articles 43, 44, and 45 of Among the founders were prominent dip- has put well over 16,000 more police on the Charter. lomats: Vyacheslav Molotov and Andrei Gro- the streets. In an article in the New York Times myko of the Soviet Union, Edward R. What happens to the $1.9 billion? In by Barbara Crossette, Senator PELL re- Stettinius of the United States and Anthony the House Republican bill, these dol- calls the trip to San Francisco: Eden of Britain. The sole surviving U.S. sig- lars are shifted to a LEAA-style block It started out just right, he recalled in a natory is Harold Stassen, the former Repub- grant for ‘‘a variety of programs in- recent conversation in his Senate office. In- lican governor of Minnesota and presidential stead of flying us to San Francisco, they aspirant, now 88. cluding more police officers, crime pre- The leading conference organizer was its chartered a train across the United States. vention programs, drug courts and secretary general, Alger Hiss, then a rising You could see the eyes of all those people equipment and technology,’’ quoting star in the State Department. He later spent who had been in wartorn Europe boggle as we the summary provided by the House four years in prison for perjury in a con- passed the wheat fields, the factories, he troversial spy case that launched the polit- Republicans on the subcommittee. said. You could feel the richness, the clean ical ascent of Richard M. Nixon. Now 90, in In other words, not $1 must be spent air of the United States. It was a wonderful poor health and nearly blind, Hiss has been to add State and local police officers. I image. We shared a spirit, a belief, that we invited to the commemoration but is unable keep hearing about support for State would never make the same mistakes; every- to attend. and local police from the other side of thing would now be done differently. ‘‘We had a sense of creation and exhilara- the aisle. But, just when it really mat- Senator PELL’s commitment to the tion,’’ said Sen. Claiborne Pell (D-R.I.), who ters, just when we are writing checks Charter was properly noted by the was then a young Coast Guard officer at- and not just making speeches, Amer- President, when during his address in tached to the conference’s secretariat. World ica’s State and local police officers are San Francisco on Monday, he stated War II was drawing to a close, and the as- being ripped-off. Instead of a guarantee sembled delegates were determined to put ‘‘Some of those who worked at the his- into practice their lofty ideals of a peaceful that police officers and police depart- toric conference are still here today, new world order. ments get each and every one of these including our own Senator CLAIBORNE As the United Nations celebrates its golden $1.9 billion, the House subcommittee PELL, who to this very day, every day, anniversary, however, the world body seems Republicans propose empty deal— carries a copy of the U.N. Charter in to be under criticism as never before. The money in the same type of grants that his pocket.’’ credibility it gained after the end of the Cold failed in the 1970’s and under standards On Sunday, the Washington Post car- War and its role in the Persian Gulf conflict so lax that America’s police could wait seem to have been largely squandered by ried an article by William Branigin on debacles in Somalia, Angola and Bosnia, by through all next year without a single the drafting of the Charter. I ask that its tardy response to carnage in Rwanda and dollar. it be printed in the RECORD. by its inability so far to undertake serious Mr. President, I hope that the ac- The article follows: internal reforms. tions of the House Republicans on the [From the Washington Post, June 25, 1995] From relatively lean beginnings with 1,500 subcommittee are reversed in the full staffers, the United Nations has burgeoned U.N.: 50 YEARS FENDING OFF WWIII—CHAR- into a far-flung bureaucracy with more than Appropriations Committee. And if not TER FORGED IN HEAT OF BATTLE PROVES there, then I hope these actions will be 50,000 employees, plus thousands of consult- DURABLE, AS DO ITS CRITICS ants. In many areas, critics say, it has be- reversed on the floor of the House. (By William Branigin) come a talk shop and paper mill plagued by But, if the House Republicans stand UNITED NATIONS.—It was the eve of her waste, mismanagement, patronage and iner- with the subcommittee and against first speech before the 1945 organizing con- tia. Federal law enforcement, against FBI ference of the United Nations, and Minerva Although most Americans strongly sup- agents, against DEA agents, against Bernardino was eager to seize the oppor- port the United Nations, a ‘‘hard core of op- the women of America, and against tunity to push for women’s rights. Then, position’’ to the body appears to be growing, State and local police officers, I urge while serving drinks to fellow delegates in according to a new poll by the Times Mirror her San Francisco hotel suite, she fell and Center for the People and the Press. It all my colleagues in the Senate to showed that 67 percent of Americans hold a stand by the positions they have taken broke her ankle. For the determined diplomat from the Do- favorable attitude toward the United Na- all year and stand up to the House Re- tions, compared to 53 percent for Congress ∑ minican Republic, however, nothing was publicans. more important than delivering her speech. and 43 percent accorded the court system. However, the poll showed, 28 percent ex- f So after being rushed to the hospital in an pressed a ‘‘mostly’’ or ‘‘very’’ unfavorable ambulance, she refused a cast, had doctors SENATOR PELL AND THE U.N. opinion of the United Nations, the highest of tape up her ankle instead and enlisted col- CHARTER four such polls since 1990. leagues the next day to help her hobble to In fact, after the demise of the ‘‘red men- ∑ Mr. MOYNIHAN. Mr. President, last the podium. ace’’ with the end of the Cold War, the orga- weekend I was honored to have partici- Bernardino, 88, is one of four surviving sig- nization seems to have become something of pated in the ceremonies in San Fran- natories of the U.N. Charter, which was ham- a lightning rod for extreme right-wing cisco commemorating the 50th anniver- mered out during the two-month conference groups, which see it as part of a plot to form by representatives from 50 nations and a global government. sary of the signing of the U.N. Charter. signed in San Francisco on June 26, 1945. The event was an important reaffirma- For the United Nations, the 50th birthday With a handful of other women delegates, bash is an opportunity to trumpet a list of tion of the commitment of member na- she claims credit for the charter’s reference achievements. To celebrate the occasion, the tions to abide by the rule of law. to ‘‘equal rights of men and women.’’ organization is spending $15 million, which it The ceremonies were enriched by the Just as she witnessed the birth of the says comes entirely from voluntary con- participation of those who had partici- United Nations that day in the presence of tributions. pated in the conference 50 years ago. President Harry S. Truman, Bernardino Over the years, U.N. officials point out, the We in the Senate are honored to have plans to be in the audience Monday when world body and its agencies have performed President Clinton caps the 50th birthday the beloved former chairman of the dangerous peacekeeping missions, promoted ceremonies with a speech at San Francisco’s decolonization, assisted refugees and dis- Senate Foreign Relations Committee, War Memorial Opera House, scene of the his- aster victims, helped eradicate smallpox, CLAIBORNE PELL, counted among those toric conference. Truman, whose first deci- brought aid and services to impoverished who were ‘‘Present at the Creation’’ of sion after taking office in April 1945 was to countries and won five Nobel peace prizes. the Charter. go ahead with the conference, had flown to At the same time, the anniversary is focus- Senator PELL served throughout San Francisco to carry the charter back to ing attention on the organization’s short- World War II in the Coast Guard. He Washington for ratification by the Senate. comings and on efforts to chart a new course continued to serve his country, as he Gathering for the anniversary are envoys for its future. Among the proposals in a re- has all his life, when he was called to from more than 100 countries, senior U.N. of- cent study funded by the Ford Foundation, ficials led by Secretary General Boutros for example, are expanding the Security be a member of the International Sec- Boutros-Ghali, Britain’s Princess Margaret Council, curtailing veto powers, establishing retariat of the San Francisco Con- and several Nobel peace prize laureates, in- a permanent U.N. armed force and creating ference, as it worked to draft the Char- cluding Polish President Lech Walesa and an international taxation system to help fi- ter. Senator PELL served as the Assist- South Africa’s Archbishop Desmond Tutu. nance the organization.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9578 CONGRESSIONAL RECORD — SENATE June 30, 1995 As the United Nations has expanded, some eral Assembly, adding one for each of their minister, Herbert Evatt, whose broad accent of its agencies have lost their focus and be- 15 republics. They eventually settled for prompted some good-natured ribbing, she re- come bogged down in tasks that duplicate ef- three after it was pointed out that by that called. One joke that made the rounds: forts elsewhere in the system or serve little logic, the United States ought to have 49 What’s the difference between a buffalo and purpose but to employ bureaucrats, critics votes. a bison? Answer: a bison is what Evatt uses charge. Meanwhile, financing problems have According to Stassen, who served as Min- to wash his hands in the morning. grown acute, especially with the explosion in nesota’s youngest governor before joining According to Teslenko, Hiss was so effi- recent years of expenses for peacekeeping, a the Navy during the war and who went on to cient in organizing the conference that he function that was not specifically spelled out seek the Republican nomination for presi- became the choice of many delegates to be in the original charter. dent four times, his wife Esther played a key the United Nations’ first secretary general. The U.N. peacekeeping budget this year role in resolving the veto impasse. Some of However, an unwritten rule that the organi- bulged to $3.5 billion, far exceeding the reg- the Soviet delegates’ wives had told her that zation’s head should not come from one of ular U.N. budget of $2.6 billion. Moreover, Stalin had set the veto position and none of the five permanent, veto-wielding members several countries, including the United their husbands dared ask the dictator to of the Security Council—the United States, States, owe U.N. dues totaling hundreds of modify it, Stassen said. But if the Americans Soviet Union, Britain, France and China— millions of dollars. Unpaid peacekeeping could present their arguments directly to made that impossible. dues for Bosnia alone come to $900 million. Stalin, he might change his mind, the wives For Piedad Suro, then a young reporter The Bosnian quagmire has underscored the advised. from Ecuador, the conference was memo- limits of U.N. peacekeeping. Critics, notably Stassen said he reported this to President rable chiefly for the difficulties of finding in the U.S. Congress, have tended to blame Truman, who had taken office upon Roo- out what was going on in the closed ses- U.N. bureaucrats for the mess, while U.N. of- sevelt’s death. Truman dispatched Harry sions—and for a whirlwind courtship by the ficials say the operation exemplifies a pench- Hopkins, Roosevelt’s closest adviser, to Mos- man who became her husband, Guillermo ant by member states for setting heavy new cow, and Stalin was persuaded to limit the Suro, the State Department’s chief of lan- mandates without providing the resources to veto to the Security Council’s final resolu- guage services. Their son, Roberto Suro, is carry them out. tions. now a Washington Post editor. ‘‘Member countries should take advantage The lone American woman delegate, Vir- ‘‘That was where we dated and he proof the 50th anniversary to really look hard at ginia Gildersleeve, the dean of Barnard Col- posed,’’ Suro said of the San Francisco con- the U.N. and to revise and strengthen it,’’ lege, played a key role in drafting the U.N. ference. ‘‘We became engaged the last week said Catherine Gwin of the Washington-based Charter’s preamble. and were married in New York two months Overseas Development Council. ‘‘Increased Stassen recalls her exasperation after the later.’’ She denies, however, that her fiance demands are being made on an organization drafting committee’s first meeting, where ever gave her a scoop. that has been neglected, misused and exces- language along the lines of ‘‘the high con- As Truman arrived in San Francisco to sively politicized by its member govern- tracting parties have assembled and entered witness the signing 50 years ago, an esti- ments for years, and it is showing the this treaty’’ was proposed. ‘‘That’s no way to mated 250,000 cheering people turned out to strain.’’ start a charter for the future of the world,’’ greet his mile-long motorcade, giving him As the United Nations has expanded, form- fumed Gildersleeve. ‘‘It’s got to say, ‘We the what The Washington Post at the time de- ing entities that deal with topics from outer peoples of the United Nations . . .’’’ Her pro- scribed as ‘‘the most tumultuous demonstra- space to seabeds, the original purpose often posal was ridiculed by diplomats, who in- tion since he entered the White House.’’ has been overlooked. That is, as the U.N. sisted that the charter could not be formed ‘‘You have created a great instrument for Charter’s preamble states, ‘‘to save suc- by ‘‘peoples,’’ but only by the representa- peace,’’ Truman said at the signing cere- ceeding generations from the scourge of war, tives of governments. Eventually, however, mony to a standing ovation, ‘‘Oh, what a which twice in our lifetime has brought un- she prevailed and eloquence overcame great day this can be in history.’’ told sorrow to mankind.’’ diplomatese. Today a common view among both U.N. While scores of conflicts costing millions For Stassen, the defining moment came supporters and critics seems to be that if the of lives have broken out since that signing 50 five days before the signing when Secretary world body were to disappear, it would have years ago, some of the organization’s proof State Stettinius, the conference chair- to be quickly reinvented. moters say it deserves a share of credit for man, announced that there was nothing else ‘‘While it hasn’t been altogether a 100 per- averting its founders’ worst nightmare: on his agenda. He then asked all heads of del- cent success,’’ said Sen. Pell, ‘‘we’re cer- World War III. Clearly, the atomic bombing egations who were ready to sign the charter tainly far better off for having the United of Hiroshima and Nagasaki and the subse- to stand. Nations exist than we would be without it.’’∑ quent nuclear standoff between the United ‘‘Chairs began to scrape . . . and suddenly f States and the Soviet Union may have been the delegations realized that every one of the the main deterrents, but the world body also 50 chairmen was standing, and they broke CHANGING TIME FOR VOTE played a role, U.N. supporters say. out into applause for the first time in those Mr. DOLE. Mr. President, I ask unan- ‘‘If we didn’t have the United Nations, we sessions,’’ Stassen recalled. imous consent that the previously would have had another world war,’’ said Still, the seeds of the Cold War evidently Bernardino in an interview in her New York had been planted. Pell, now 76 and the rank- scheduled vote on Monday, July 10, be apartment, where she keeps an office filled ing Democrat on the Senate Foreign Rela- changed to begin at 5:15 p.m. with U.N. mementos. On her desk is a large tions Committee, recalls walking to a res- The PRESIDING OFFICER. Without silverframed, personally dedicated photo- taurant with a Soviet admiral when a big objection, it is so ordered. graph of her role model, Eleanor Roosevelt, black car suddenly pulled over and picked up f and in her drawer is an original signed copy the Russian. of the U.N. Charter. ‘‘He wasn’t supposed to go to lunch with AUTHORITY FOR COMMITTEES TO At the time of the signing, U.S. public capitalists,’’ Pell said. REPORT The senator also vividly remembers trav- opinion held that there would be a third Mr. DOLE. Mr. President, I ask unan- world war by the early 1970s, Stassen said. eling to San Francisco by train from the ‘‘We believed we were going to stop future East Coast with other young officers from imous consent, notwithstanding ad- Hitlers from future acts of aggression,’’ said Europe. As the train rolled past the seem- journment of the Senate, that on Brian Urquhart, a Briton who joined the ingly endless grain fields and the unscathed Wednesday, July 5, committees have United Nations shortly after the conference cities and towns of America’s heartland, the from 10 a.m. to 2 p.m. to file any legis- and rose to become an undersecretary gen- Europeans were stunned by the contrast with lative or executive reported business eral. ‘‘There was an enormous sense of con- their own war-ravaged countries. ‘‘Their The PRESIDING OFFICER. Without fidence and optimism in the charter . . . led eyes got wider and wider,’’ Pell said, and objection, it is so ordered. by the Untied States. This was predomi- they arrived in San Francisco with a sense of nantly a U.S. achievement.’’ awe for the power and resources of the f Indeed, the United Nations was principally United States. REMOVAL OF INJUNCTION OF SE- the brainchild of President Franklin D. Roo- Bernardino’s most vivid memory was of CRECY—EXCHANGE OF NOTES sevelt, who gave the organization its name the day the war in Europe ended while the and reached agreement on its formation with conference was underway in may 1945. A RELATING TO THE TAX CONVEN- British Prime Minister Winston Churchill Honduran delegate, who had just heard the TION WITH UKRAINE (TREATY and Soviet leader Joseph Stalin. news of the street, burst into her committee DOCUMENT NO. 104–11) At the San Francisco conference, however, meeting and shouted, ‘‘The war is over!’’ and Mr. DOLE. As in executive session, I major problems developed over decoloniza- the room erupted in celebration, she said. ask unanimous consent that the in- tion and the Soviets’ insistence on a broad For Betty Teslenko, then a 22-year-old ste- veto power over virtually all Security Coun- nographer at the conference, the imposing junction of secrecy be removed from cil business, even the setting of agenda items cast of characters was most impressive. One the Exchange of Notes Relating to the and the discussion of disputes. Initially, the who deserved special credit as a mediator of Tax Convention of the Ukraine (Treaty Soviets had also wanted 16 votes in the Gen- many disputes was the Australian foreign Document No. 104–11), transmitted to

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9579 the Senate by the President on June 28, FEDERAL INSURANCE TRUST FUNDS Institute of Building Sciences for a term ex- 1995; and that the treaty be considered Stephen G. Kellison, of Texas, to be a piring September 7, 1997. as having been read the first time; re- Member of the Board of Trustees of the Fed- SECURITIES INVESTOR PROTECTION ferred, with accompanying papers, to eral Old-Age and Survivors Insurance Trust CORPORATION the Committee on Foreign Relations Fund and the Federal Disability Insurance Charles L. Marinaccio, of the District of Trust Fund for a term of four years. and ordered to be printed; and ordered Columbia, to be a Director of the Securities Marilyn Moon, on Maryland, to be a Mem- Investor Protection Corporation for a term that the President’s message be printed ber of the Board of Trustees of the Federal expiring December 31, 1996. in the RECORD. Old-Age and Survivors Insurance Trust Fund Deborah Dudley Branson, of Texas, to be a The PRESIDING OFFICER. Without and the Federal Disability Insurance Trust Director of the Securities Investor Protec- objection, it is so ordered. Fund for a term of four years. tion Corporation for a term expiring Decem- The message of the President is as FEDERAL HOSPITAL INSURANCE TRUST FUND ber 31, 1996. follows: Stephen G. Kellison, of Texas, to be a Marianne C. Spraggins, of New York, to be Member of the Board of Trustees of the Fed- a Director of the Securities Investor Protec- To the Senate of the United States: eral Hospital Insurance Trust Fund for a tion Corporation for a term expiring Decem- I transmit herewith an exchange of term of four years. ber 31, 1997. Albert James Dwoskin, of Virginia, to be a notes dated at Washington May 26 and FEDERAL SUPPLEMENTARY MEDICAL June 6, 1995, for Senate advice and con- Director of the Securities Investor Protec- INSURANCE TRUST FUND tion Corporation for a term expiring Decem- sent to ratification in connection with Stephen G. Kellison, of Texas, to be a ber 31, 1998. (Reappointment) the Senate’s consideration of the Con- Member of the Board of Trustees of the Fed- NATIONAL CONSUMER COOPERATIVE BANK eral Supplementary Medical Insurance Trust vention Between the Government of Tony Scallon, of Minnesota, to be a Mem- Fund for a term of four years. the United States of America and the ber of the Board of Directors of the National Government of Ukraine for the Avoid- FEDERAL HOSPITAL INSURANCE TRUST FUND Consumer Cooperative Bank for a term of ance of Double Taxation and the Pre- Marilyn Moon, of Maryland, to be a Mem- three years. vention of Fiscal Evasion with Respect ber of the Board of Trustees of the Federal Sheila Anne Smith, of Illinois, to be a to Taxes on Income and Capital, to- Hospital Insurance Trust Fund for a term of Member of the Board of Directors of the Na- gether with a related Protocol, signed four years. tional Consumer Cooperative Bank for a term of three years. at Washington on March 4, 1994 (‘‘the FEDERAL SUPPLEMENTARY MEDICAL Taxation Convention’’). Also trans- INSURANCE TRUST FUND EXECUTIVE OFFICE OF THE PRESIDENT mitted for the information of the Sen- Marilyn Moon, of Maryland, to be a Mem- Ira S. Shapiro, of Maryland, for the rank of ber of the Board of Trustees of the Federal Ambassador during his tenure of service as ate is the report of the Department of Supplementary Medical Insurance Trust Senior Counsel and Negotiator in the Office State with respect to the exchange of Fund for a term of four years. of the United States Trade Representative. notes. DEPARTMENT OF LABOR AIR FORCE This exchange of notes addresses the Edmundo A. Gonzales, of Colorado, to be The following-named officer for appoint- interaction between the Taxation Con- Chief Financial Officer, Department of ment to the grade of general while assigned vention and other treaties that have Labor. (New Position) to a position of importance and responsi- tax provisions, including in particular NATIONAL COUNCIL ON DISABILITY bility under Title 10, United States Code, Section 601: the General Agreement on Trade in John D. Kemp, of the District of Columbia, Services (GATS), annexed to the Agree- to be a Member of the National Council on To be general ment Establishing the World Trade Or- Disability for a term expiring September 17, Lt. Gen. Richard E. Hawley, 000–00–0000, ganization, done at Marrakesh April 15, 1997. United States Air Force. 1994. EQUAL EMPLOYMENT OPPORTUNITY THE JUDICIARY I recommend that the Senate give fa- COMMISSION Diane P. Wood, of Illinois, to be United vorable consideration to this exchange Clifford Gregory Stewart, of New Jersey, States Circuit Judge for the Seventh Circuit. to be General Counsel of the Equal Employ- George H. King, of California, to be United of notes and give its advice and consent States District Judge for the Central Dis- to ratification in connection with the ment Opportunity Commission for a term of four years. trict of California vice a new position cre- Taxation Convention. ated by Public Law 101–650, approved Decem- WILLIAM J. CLINTON. THE JUDICIARY ber 1, 1990. THE WHITE HOUSE, June 28, 1995. Carlos F. Lucero, of Colorado, to be United Robert H. Whaley, of Washington, to be States Circuit Judge for the Tenth Circuit. United States District Judge for the Eastern f Peter C. Economus, of Ohio, to be United District of Washington. States District Judge for the Northern Dis- EXECUTIVE SESSION Tena Campbell, of Utah, to be United trict of Ohio. States District Judge for the District of Wiley Y. Daniel, of Colorado, to be United Utah. State District Judge for the District of Colo- STATEMENT ON NOMINATION OF TENA CAMPBELL EXECUTIVE CALENDAR rado. Mr. HATCH. Mr. President, I rise Mr. DOLE. Mr. President, I ask unan- Nancy Friedman Atlas, of Texas, to be United States District Judge for the South- today to urge my colleagues to support imous consent that the Senate imme- ern District of Texas. the nomination of Tena Campbell for diately proceed to executive session to Donald C. Nugent, of Ohio, to be United the position of U.S. district judge for consider the following nominations, ex- States District Judge for the Northern Dis- the district of Utah. ecutive calendar nomination numbers trict of Ohio. As chairman of the Judiciary Com- 178 through 183, and 206, 207, 208, and 210 DEPARTMENT OF JUSTICE mittee, I am keenly aware of the im- through 231. Andrew Fois, of New York, to be an Assist- portance of the Federal judiciary and The PRESIDING OFFICER. Without ant Attorney General. its impact on our citizens; not only objection, it is so ordered. STATE JUSTICE INSTITUTE litigants whose cases are decided by Mr. DOLE. Mr. President, I further Janie L. Shores, of Alabama, to be a Mem- Federal courts, but all Americans who, ask unanimous consent that the nomi- ber of the Board of Directors of the State in so many ways, are affected in their nations be confirmed en bloc, the mo- Justice Institute for a term expiring Sep- daily lives by rulings handed down by tions to reconsider be laid upon the tember 17, 1997. Federal judges. It is for this reason table en bloc, and any statements re- Terrence B. Adamson, of the District of Co- lumbia, to be a Member of the Board of Di- that I have always believed that nomi- lating to the nominations appear at rectors of the State Justice Institute for a nees for Federal judicial positions the appropriate place in the RECORD, term expiring September 17, 1997. (Re- must be individuals of the highest cal- the President be immediately notified appointment) iber, both professionally and person- of the Senate’s action, and that the EXECUTIVE OFFICE OF THE PRESIDENT ally. I am pleased to say that Tena Senate then return to legislative ses- Martin Neil Baily, of Maryland, to be a Campbell is such a nominee. sion. Member of the Council of Economic Advis- Tena Campbell is an individual whose The PRESIDING OFFICER. Without ers. accomplishments and qualifications for objection, it is so ordered. NATIONAL INSTITUTE OF BUILDING SCIENCES the position of Federal district court The nominations considered and con- Steve M. Hays, of Tennessee, to be a Mem- judge speak for themselves. After firmed en bloc are as follows: ber of the Board of Directors of the National working in private practice and in the

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9580 CONGRESSIONAL RECORD — SENATE June 30, 1995 Salt Lake County attorney’s office, Mr. President, our country is on the There being no objection, the Senate Mrs. Campbell became an assistant brink of a national debate on affirma- proceeded to consider of the bill. U.S. attorney in Utah, where she has tion action and civil rights laws. I Mr. DOLE. Mr. President, I ask unan- served with distinction since 1982. Dur- think Greg Stewart can make an excel- imous consent that the bill be consid- ing that time, she has tried more than lent contribution to this debate as gen- ered and deemed read a third time and 60 felony cases—more cases than most eral counsel to the EEOC. He has a vast passed, the motion to reconsider be lawyers try in their entire career. amount of experience in civil rights laid upon the table, and that any state- She has risen to become the Finan- law and he has served under Repub- ments relating to the bill appear at the cial Institution Fraud Coordinator for licans and Democrats with a sincere re- appropriate place in the RECORD. the U.S. attorney’s office, in charge of spect for the law, objectivity, and a The PRESIDING OFFICER. Without all cases involving federally insured in- unique sense of balance. I am proud to objection, it is so ordered. stitutions, in addition to prosecuting support his nomination and urge the So the bill (S. 677) was deemed read other complex white-collar crime Senate to confirm his nomination to for the third time, and passed as fol- cases. It is a measure of her dedication EEOC general counsel. lows: that despite the complexity and time- f S. 677 consuming nature of white-collar Be it enacted by the Senate and House of Rep- crime cases, she has also chosen to con- LEGISLATIVE SESSION resentatives of the United States of America in tinue to prosecute violent crime cases. The PRESIDING OFFICER. Under Congress assembled, Throughout her service as an assist- the previous order, the Senate will re- SECTION 1. REPEAL. ant U.S. attorney, Tena Campbell has turn to legislative session. (a) REPEAL.—Subsection (a) of section 1392 earned the respect of the Federal bench of title 28, United States Code, is repealed. and a reputation as a hardworking, f (b) TECHNICAL AMENDMENT.—Subsection (b) tough, yet compassionate, prosecutor. THE FEDERAL COURT CASE of section 1392 of title 28, United States Code, is amended by striking ‘‘(b) Any’’ and insert- She has received the highest rating, REMOVAL ACT Well Qualified, from the American Bar ing ‘‘Any’’. Association. I am convinced that as a Mr. DOLE. Mr. President, I ask unan- f imous consent that the Senate proceed Federal judge, where she would be the REGARDING THE ARREST OF to the immediate consideration of Cal- first woman in Utah history to serve in HARRY WU BY THE GOVERN- endar No. 32 S. 533. that position, Tena Campbell will be MENT OF THE PEOPLE’S REPUB- The PRESIDING OFFICER. Without fair, honest, and knowledgeable, and I LIC OF CHINA am proud to support her nomination. objection, it is so ordered. The clerk Mr. DOLE. Mr. President, I ask unan- For these reasons, I urge my col- will report. imous consent that Senate proceed to leagues to support her nomination. The legislative clerk read as follows: immediate consideration of Senate STATEMENT OF THE NOMINATION OF CLIFFORD A bill (S. 533) to clarify te rules governing Resolution 148, submitted earlier today GREGORY STEWART removal of cases to Federal court, and for Mr. LAUTENBERG. Mr. President, I other purposes. by Senator HELMS. rise in strong support of the nomina- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The tion of Greg Stewart to be general objection to the immediate consider- clerk will report. counsel of the Equal Employment Op- ation of the bill? The legislative clerk read as follows: portunity Commission [EEOC]. There being no objection, the Senate A resolution (S. Res. 148) expressing the Greg Stewart is a native New proceeded to consider the bill. sense of the Senate regarding the arrest of Jerseyan and has most recently served Mr. DOLE. I ask unanimous consent Harry Wu by the Government of the People’s Republic of China. as the director of the division of civil that the bill be considered, deemed rights for the State of New Jersey. I read a third time and passed, the mo- The PRESIDING OFFICER. Is there believe that Greg Stewart has the tion to reconsider be laid upon the objection to proceeding to the imme- qualifications and the experience to table, and that any statements appear diate consideration of the resolution? make an excellent general counsel at in the appropriate place in the RECORD. There being no objection, the Senate EEOC. The PRESIDING OFFICER. Without proceeded to consider the resolution. Mr. President, Greg Stewart has been objection, it is so ordered. RED CHINESE UP TO NO GOOD—AGAIN involved in civil rights issues for over So the bill (S. 533) was deemed read Mr. HELMS. The resolution con- 13 years. He has served as the director for the third time, and passed as fol- demns the arrest of Mr. Peter H. W., a of the division of civil rights in New lows: personal friend of mine who has been Jersey under both a Democratic and S. 533 arrested by the Red Chinese. I under- Republican governor. He has also Be it enacted by the Senate and House of Rep- stand the House of Representatives worked for the department of the pub- resentatives of the United States of America in Committee on International Relations lic advocate in New Jersey, again Congress assembled, reported a similar resolution yesterday under Democratic and Republican Gov- SECTION 1. REMOVAL. that is expected to be considered by the ernors. During whatever free time he The first sentence of section 1447(c) of title House this morning. has had since he graduated from Rut- 28, United States Code, is amended by strik- Peter Hongda Wu, known to all of us gers Law School in 1981, he has taught ing ‘‘any defect in removal procedure’’ and as Harry Wu, entered China last week constitutional and civil rights law at inserting ‘‘any defect other than lack of sub- on a valid United States passport and a ject matter jurisdiction’’. Rutgers School of Law and John Jay valid visa issued by the Chinese them- College. f selves. Greg Stewart has an outstanding Harry submitted his papers at the REDUNDANT VENUE REPEAL ACT scholar. He has a three degrees from border and was immediately placed Rutgers; a B.A. in political science, an Mr. DOLE. Mr. President, I ask unan- under house arrest by Chinese author- M.A. in political science, and a J.D. imous consent that the Senate proceed izes and held for 3 days, after which a from the Rutgers Law School in New- to immediate consideration of calendar caravan of Communist-style cars ar- ark. He has received several academic No. 112, S. 677. rived in the small border town near honors including an Eagleton Institute The PRESIDING OFFICER. Without Kazakhstan and whisked Harry away. of Politics fellowship. In addition to objection, it is so ordered. Harry Wu has not been seen or heard his academic accomplishments, Greg The clerk will report. from since. Mr. President, the cruelty has also been involved in community The legislative clerk read as follows: the Chinese Communists can inflict, service. In fact, he received the Com- A bill (S. 677) to repeal a redundant venue especially on humans they claim have munity Service Award for the New Jer- provision, and for other purposes. committed crimes against the state. sey Conference of the NAACP branches The PRESIDING OFFICER. Is there Unfortunately, because Harry has de- and the Equal Justice Medal for the objection to the immediate consider- voted his life to exposing human rights Legal Services of New Jersey. ation of the bill? abuses in China, the Chinese have

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9581 taken purely punitive action against Whereas the Chinese authorities confined such copy to the Embassy of the People’s Re- him. Harry Wu to house arrest for 3 days, after public of China in the United States. Harry Wu has worked and cooperated which time he has not been seen or heard f with the Senate for many years. It was from; Whereas the Chinese Foreign Ministry no- FISHERIES ACT Harry who first informed me that the tified the United States Embassy in Beijing Mr. DOLE. Mr. President, I ask unan- Chinese were forcing their own pris- of Mr. Wu’s detention on Friday, June 23; oners, many of them political pris- Whereas the United States Embassy in Bei- imous consent the Senate proceed to oners, to produce products for sale to jing approached the Chinese Foreign Min- the immediate consideration of cal- other countries. Harry was extraor- istry on Monday, June 26, to issue an official endar 119, S. 267. dinarily familiar with these practices demarche for the detention of an American The PRESIDING OFFICER. The since he spent 19 years in a Chinese citizen; clerk will report. Whereas the terms of the United States- The legislative clerk read as follows: prison. People’s Republic of China Consular conven- A bill (S. 267) to establish a system of li- More recently, Mr. President, at my tion on February 19, 1982, require that United censing, reporting, and regulation for vessels invitation, Harry testified before the States Government officials shall be ac- of the United States fishing on the high seas, Foreign Relations Committee regard- corded access to an American citizen as soon and for other purposes. ing the Chinese Government’s practice as possible but not more than 48 hours after of selling organs removed from the the United States has been notified of such The PRESIDING OFFICER. Is there bodies of just-executed prisoners, in- detention; objection to the immediate consider- cluding political prisoners. The Chi- Whereas on Wednesday, June 28, the high- ation of the bill? nese make these organs available on est ranking representative of the People’s There being no objection, the Senate Republic of China in the United States re- the international market—for cold proceeded to consider the bill, which fused to offer the United States Government had been reported from the Committee cash—for example, $10,000 for a liver any information on Harry Wu’s whereabouts and varying amounts for corneas and or the charges brought against him; on Commerce, Science, and Transpor- other human organs. Whereas the Government of the People’s tation with amendments; as follows: Harry’s video footage filmed in Republic of China is in violation of the terms (The parts of the bill intended to be China, proved that the Chinese even of its Consular Convention; stricken are shown in boldface brack- have gone so far as to harvest both kid- Whereas Harry Wu, who was born in China, ets and the parts of the bill intended to has already spent 19 years in Chinese pris- be inserted are shown in italic.) neys from living prisoners. Understand- ons; ably, the hearing received a great deal Whereas Harry Wu has dedicated his life to S. 267 of international attention, and the Chi- the betterment of the human rights situa- Be it enacted by the Senate and House of Rep- nese are obviously punishing Harry Wu tion in the People’s Republic of China; resentatives of the United States of America in for informing the U.S. Congress about Whereas Harry Wu first detailed to the Congress assembled, this and other matters. United States Congress the practice of using SECTION 1. SHORT TITLE. Mr. President, the Chinese have al- prison labor to produce products for export This Act may be cited as the ‘‘Fisheries ready usurped 19 years of Harry Wu’s from China to other countries; Act of 1995’’. Whereas Harry Wu testified before the SEC. 2. TABLE OF CONTENTS. life. They must not persecute him fur- Committee on Foreign Relations of the Sen- ther. He is a faithful and honest Amer- The table of contents for this Act is as fol- ate on May 4, 1995, informing the Committee, lows: ican citizen devoted to ensuring the the Senate, and the American people about wellbeing of Chinese citizens. I urge the Chinese government practice of mur- Sec. 1. Short title. Senators and the President to do ev- dering Chinese prisoners, including political Sec. 2. Table of contents. erything within their power to press prisoners, for the purpose of harvesting their TITLE I—HIGH SEAS FISHERIES for Harry Wu’s immediate release and organs for sale on the international market; LICENSING safe return. As his friend, I appeal to Whereas on June 2, 1995, the President of Sec. 101. Short title. the United States announced his determina- Sec. 102. Purpose. all Senators for their support. tion that further extension of the waiver au- Sec. 103. Definitions. Mr. President, my resolution ex- thority granted by section 402(c) of the Trade Sec. 104. Licensing. presses condemnation of the arrest and Act of 1974 (Public Law 93–618; 88 Stat. 1978), Sec. 105. Responsibilities of the Secretary. detention of Harry Wu. It further calls also known as ‘‘Jackson-Vanik’’, will sub- Sec. 106. Unlawful activities. upon China to comply immediately stantially promote freedom of emigration Sec. 107. Enforcement provisions. with its commitments under the from the People’s Republic of China; Sec. 108. Civil penalties and license sanc- United States-People’s Republic of Whereas this waiver authority will allow tions. China Consular Convention by pro- the People’s Republic of China to receive the Sec. 109. Criminal offenses. lowest tariff rates possible, also known as Sec. 110. Forfeitures. viding the United States Government Most-Favored-Nation trading status, for a Sec. 111. Effective date. with a full accounting for Harry’s ar- period of 12 months beginning on July 3, 1995; TITLE II—IMPLEMENTATION OF CON- rest and detention. I urge the Senate to and VENTION ON FUTURE MULTILATERAL adopt the resolution. Whereas the Chinese government and peo- COOPERATION IN THE NORTHWEST AT- Mr. DOLE. Mr. President, I ask unan- ple benefit substantially from the continu- LANTIC FISHERIES ation of such trading benefits: Now, there- imous consent that the resolution be Sec. 201. Short title. fore, be it considered and agreed to, the preamble Sec. 202. Representation of United States Resolved, That (a) the United States Senate be agreed to, and the motion to recon- under convention. expresses its condemnation of the arrest of Sec. 203. Requests for scientific advice. sider be laid upon the table, and that Peter H. Wu and its deep concern for his Sec. 204. Authorities of Secretary of State any statements relating to the resolu- well-being. with respect to convention. tion appear at the appropriate place in (b) It is the sense of the Senate that— Sec. 205. Interagency cooperation. the RECORD. (1) the People’s Republic of China must im- Sec. 206. Rulemaking. The PRESIDING OFFICER. Without mediately comply with its commitments Sec. 207. Prohibited acts and penalties. under the United States-People’s Republic of objection, it is so ordered. Sec. 208. Consultative committee. China Consular Convention of February 19, So the resolution (S. Res. 148) was Sec. 209. Administrative matters. 1982, by allowing consular access to Peter H. agreed to. Sec. 210. Definitions. Wu; The preamble was agreed to. Sec. 211. Authorization of appropriations. The resolution, with its preamble, is (2) the People’s Republic of China should provide immediately a full accounting of TITLE III—ATLANTIC TUNAS as follows: 6se Peter Wu’s whereabouts and the charges CONVENTION ACT S. RES. 148 being brought against him; and Sec. 301. Short title. Whereas Peter H. Wu, known as Harry Wu, (3) the President of the United States Sec. 302. Research and monitoring activi- attempted to enter the People’s Republic of should use every diplomatic means available ties. China on June 19, 1995, near the China- to ensure Peter Wu’s safe and expeditious re- Sec. 303. Advisory committee procedures. Kazakhstan border; turn to the United States. Sec. 304. Regulations. Whereas Harry Wu, a 58-year-old American SEC. 2. The Secretary of the Senate shall Sec. 305. Fines and permit sanctions. citizen, was traveling on a valid United transmit a copy of this resolution to the Sec. 306. Authorization of appropriations. States passport and a valid visa issued by President of the United States with the re- Sec. 307. Report and certification. the Chinese authorities; quest that the President further transmit Sec. 308. Management of Yellowfin Tuna.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 0624 Sfmt 0655 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9582 CONGRESSIONAL RECORD — SENATE June 30, 1995 TITLE IV—FISHERMEN’S PROTECTIVE that waterline, if that is øgreater. In¿ great- has provided sufficient evidence to the Sec- ACT er, except that in ships designed with a rake retary demonstrating that the previous Sec. 401. Findings. of keel the waterline on which this length is owner or operator has no further legal, bene- Sec. 402. Amendment to the Fishermen’s measured shall be parallel to the designed ficial or financial interest in, or control of, Protective Act of 1967. waterline; and the vessel. Sec. 403. Reauthorization. (B) for any high seas fishing vessel built (3) The restriction in paragraph (1) does Sec. 404. Technical corrections. before July 18, 1982, registered length as en- not apply if the Secretary makes a deter- TITLE V—FISHERIES ENFORCEMENT IN tered on the vessel’s documentation. mination that issuing a license would not CENTRAL SEA OF OKHOTSK (7) The term ‘‘person’’ means any indi- subvert the purposes of the Agreement. vidual (whether or not a citizen or national (4) The Secretary may not issue a license Sec. 501. Short title. of the United States), any corporation, part- to a vessel unless the Secretary is satisfied Sec. 502. Fishing prohibition. nership, association, or other entity (wheth- that the United States will be able to exer- TITLE VI—DRIFTNET MORATORIUM er or not organized or existing under the cise effectively its responsibilities under the Sec. 601. Short title. laws of any State), and any Federal, State, Agreement with respect to that vessel. Sec. 602. Findings. local, or foreign government or any entity of (c) APPLICATION.— Sec. 603. Prohibition. any such government. (1) The owner or operator of a high seas Sec. 604. Negotiations. (8) The term ‘‘Secretary’’ means the Sec- fishing vessel may apply for a license under Sec. 605. Certification. retary of Commerce. this section by completing an application Sec. 606. Enforcement. (9) The term ‘‘vessel of the United States’’ form prescribed by the Secretary. TITLE VII—GOVERNING INTERNATIONAL means— (2) The application form shall contain— FISHERY AGREEMENT (A) a vessel documented under chapter 121 (A) the vessel’s name, previous names (if Sec. 701. Agreement with Estonia. of title 46, United States Code, or numbered known), official numbers, and port of record; in accordance with chapter 123 of title 46, (B) the vessel’s previous flags (if any); TITLE I—HIGH SEAS FISHERIES United States Code; (C) the vessel’s International Radio Call LICENSING (B) a vessel owned in whole or part by— Sign (if any); SEC. 101. SHORT TITLE. (i) the United States or a territory, com- (D) the names and addresses of the vessel’s This title may be cited as the ‘‘High Seas monwealth, or possession of the United owners and operators; Fisheries Licensing Act of 1995’’. States; (E) where and when the vessel was built; SEC. 102. PURPOSE. (ii) a State or political subdivision thereof; (F) the type of vessel; It is the purpose of this Act— (iii) a citizen or national of the United (G) the vessel’s length; and (1) to implement the Agreement to Pro- States; or (H) any other information the Secretary mote Compliance with International Con- (iv) a corporation created under the laws of requires for the purposes of implementing servation and Management Measures by the United States or any State, the District the Agreement. Fishing Vessels on the High Seas, adopted by of Columbia, or any territory, common- (d) CONDITIONS.—The Secretary shall estab- the Conference of the Food and Agriculture wealth, or possession of the United States; lish such conditions and restrictions on each Organization of the United Nations on No- unless the vessel has been granted the na- license issued under this section as are nec- vember 24, 1993; and tionality of a foreign nation in accordance essary and appropriate to carry out the obli- (2) to establish a system of licensing, re- with article 92 of the 1982 United Nations gations of the United States under the porting, and regulation for vessels of the Convention on the Law of the Sea and a Agreement, including but not limited to the United States fishing on the high seas. claim of nationality or registry for the ves- following: SEC. 103. DEFINITIONS. sel is made by the master or individual in (1) The vessel shall be marked in accord- As used in this Act— charge at the time of the enforcement action ance with the FAO Standard Specifications (1) The term ‘‘Agreement’’ means the by an officer or employee of the United for the Marking and Identification of Fishing Agreement to Promote Compliance with States authorized to enforce applicable pro- Vessels, or with regulations issued under sec- International Conservation and Management visions of the United States law; and tion 305 of the Magnuson Fishery Conserva- Measures by Fishing Vessels on the High (C) a vessel that was once documented tion and Management Act (16 U.S.C. 1855); Seas, adopted by the Conference of the Food under the laws of the United States and, in and and Agriculture Organization of the United violation of the laws of the United States, (2) The license holder shall report such in- Nations on November 24, 1993. was either sold to a person not a citizen of formation as the Secretary by regulation re- (2) The term ‘‘FAO’’ means the Food and the United States or placed under foreign quires, including area of fishing operations Agriculture Organization of the United Na- registry or a foreign flag, whether or not the and catch statistics. The Secretary shall pro- tions. vessel has been granted the nationality of a mulgate regulations concerning conditions (3) The term ‘‘high seas’’ means the waters foreign nation. under which information submitted under beyond the territorial sea or exclusive eco- (10) The terms ‘‘vessel subject to the juris- this paragraph may be released. nomic zone (or the equivalent) of any nation, diction of the United States’’ and ‘‘vessel (e) FEES.— to the extent that such territorial sea or ex- without nationality’’ have the same meaning (1) The Secretary shall by regulation es- clusive economic zone (or the equivalent) is as in section ø1903(c) of title 46, United tablish the level of fees to be charged for li- recognized by the United States. States Code Appendix.¿ 3(c) of the Maritime censes issued under this section. The amount (4) The term ‘‘high seas fishing vessel’’ Drug Law Enforcement Act (46 U.S.C. App. of any fee charged for a license issued under means any vessel of the United States used 1903(c)). this section shall not exceed the administra- or intended for use— SEC. 104. LICENSING. tive costs incurred in issuing such licenses. (A) on the high seas; (a) IN GENERAL.—No high seas fishing ves- The licensing fee may be in addition to any (B) for the purpose of the commercial ex- sel shall engage in harvesting operations on fee required under any regional licensing re- ploitation of living marine resources; and the high seas unless the vessel has on board gime applicable to high seas fishing vessels. (C) as a harvesting vessel, as a mother a valid license issued under this section. (2) The fees authorized by paragraph (1) ship, or as any other support vessel directly (b) ELIGIBILITY.— shall be collected and credited to the Oper- engaged in a fishing operation. (1) Any vessel of the United States is eligi- ations, Research and Facilities account of (5) The term ‘‘international conservation ble to receive a license under this section, the National Oceanic and Atmospheric Ad- and management measures’’ means measures unless the vessel was previously authorized ministration. Fees collected under this sub- to conserve or manage one or more species of to be used for fishing on the high seas by a section shall be available for the necessary living marine resources that are adopted and foreign nation, and expenses of the National Oceanic and Atmos- applied in accordance with the relevant rules (A) the foreign nation suspended such au- pheric Administration in implementing this of international law, as reflected in the 1982 thorization because the vessel undermined Act, and shall remain available until ex- United Nations Convention on the Law of the effectiveness of international conserva- pended. the Sea, and that are recognized by the tion and management measures, and the sus- (f) DURATION.—A license issued under this United States. Such measures may be adopt- pension has not expired; or section is valid for 5 years. A license issued ed by global, regional, or sub-regional fish- (B) the foreign nation, within the last under this section is void in the event the eries organizations, subject to the rights and three years preceding application for a li- vessel is no longer eligible for United States obligations of their members, or by treaties cense under this section, withdrew such au- documentation, such documentation is re- or other international agreements. thorization because the vessel undermined voked or denied, or the vessel is deleted from (6) The term ‘‘length’’ means — the effectiveness of international conserva- such documentation. (A) for any high seas fishing vessel built tion and management measures. SEC. 105. RESPONSIBILITIES OF THE SECRETARY. after July 18, 1982, 96 percent of the total (2) The restriction in paragraph (1) does (a) RECORD.—The Secretary shall maintain length on a waterline at 85 percent of the not apply if ownership of the vessel has an automated file or record of high seas fish- least molded depth measured from the top of changed since the vessel undermined the ef- ing vessels issued licenses under section 104, the keel, or the length from the foreside of fectiveness of international conservation and including all information submitted under the stem to the axis of the rudder stock on management measures, and the new owner section 104(c)(2).

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9583

(b) INFORMATION TO FAO.—The Secretary, (4) to falsify any information required to ner, in connection with or as a result of the in cooperation with the Secretary of State be reported, communicated, or recorded pur- commission of any act prohibited by section and the Secretary of the department in suant to this title or any regulation issued 106; which the Coast Guard is operating, shall— under this title, or to fail to submit in a (v) seize any other evidence related to any (1) make available to FAO information timely fashion any required information, or violation of any provision of this title or any contained in the record maintained under to fail to report to the Secretary imme- regulation or license issued under this title; subsection (a); diately any change in circumstances that (B) execute any warrant or other process (2) promptly notify FAO of changes in such has the effect of rendering any such informa- issued by any court of competent jurisdic- information; tion false, incomplete, or misleading; tion; and (3) promptly notify FAO of additions to or (5) to refuse to permit an authorized officer (C) exercise any other lawful authority. deletions from the record, and the reason for to board a high seas fishing vessel subject to (2) Subject to the direction of the Sec- any deletion; such person’s control for purposes of con- retary, a person charged with law enforce- (4) convey to FAO information relating to ducting any search or inspection in connec- ment responsibilities by the Secretary who any license granted under section 104(b)(3), tion with the enforcement of this title or is performing a duty related to enforcement including the vessel’s identity, owner or op- any regulation issued under this title; of a law regarding fisheries or other marine erator, and factors relevant to the Sec- (6) to forcibly assault, resist, oppose, im- resources may make an arrest without a retary’s determination to issue the license; pede, intimidate, or interfere with an au- warrant for an offense against the United (5) report promptly to FAO all relevant in- thorized officer in the conduct of any search States committed in his presence, or for a formation regarding any activities of high or inspection described in paragraph (5); felony cognizable under the laws of the seas fishing vessels that undermine the effec- (7) to resist a lawful arrest or detention for United States, if he has reasonable grounds tiveness of international conservation and any act prohibited by this section; to believe that the person to be arrested has management measures, including the iden- (8) to interfere with, delay, or prevent, by committed or is committing a felony. tity of the vessels and any sanctions im- any means, the apprehension, arrest, or de- (d) ISSUANCE OF CITATIONS.—If any author- posed; and tection of another person, knowing that such ized officer finds that a high seas fishing ves- (6) provide the FAO a summary of evidence person has committed any act prohibited by sel is operating or has been operated in vio- regarding any activities of foreign vessels this section; lation of any provision of this title, such of- that undermine the effectiveness of inter- (9) to ship, transport, offer for sale, sell, ficer may issue a citation to the owner or op- national conservation and management purchase, import, export, or have custody, erator of such vessel in lieu of proceeding measures. control, or possession of, any living marine under subsection (c). If a permit has been (c) INFORMATION TO FLAG NATIONS.—If the resource taken or retained in violation of issued pursuant to this title for such vessel, Secretary, in cooperation with the Secretary this title or any regulation or license issued such officer shall note the issuance of any ci- of State and the Secretary of the department under this title; or tation under this subsection, including the in which the Coast Guard is operating, has (10) to violate any provision of this title or date thereof and the reason therefor, on the reasonable grounds to believe that a foreign any regulation or license issued under this permit. The Secretary shall maintain a vessel has engaged in activities undermining title. record of all citations issued pursuant to this the effectiveness of international conserva- SEC. 107. ENFORCEMENT PROVISIONS. subsection. tion and management measures, the Sec- (a) DUTIES OF SECRETARIES.—This title (e) LIABILITY FOR COSTS.—Any person as- retary shall— shall be enforced by the Secretary of Com- sessed a civil penalty for, or convicted of, (1) provide to the flag nation information, merce and the Secretary of the department any violation of this Act shall be liable for including appropriate evidentiary material, in which the Coast Guard is operating. Such the cost incurred in storage, care, and main- relating to those activities; and Secretaries may by agreement utilize, on a tenance of any living marine resource or (2) when such foreign vessel is voluntarily reimbursable basis or otherwise, the per- other property seized in connection with the in a United States port, promptly notify the sonnel, services, equipment (including air- violation. flag nation and, if requested by the flag na- craft and vessels), and facilities of any other tion, make arrangements to undertake such Federal agency, or of any State agency, in SEC. 108. CIVIL PENALTIES AND LICENSE SANC- TIONS. lawful investigatory measures as may be the performance of such duties. Such Secre- considered necessary to establish whether taries shall, and the head of any Federal or (a) CIVIL PENALTIES.— the vessel has been used contrary to the pro- State agency that has entered into an agree- (1) Any person who is found by the Sec- visions of the Agreement. ment with either such Secretary under this retary, after notice and opportunity for a (d) REGULATIONS.—The Secretary, after section may (if the agreement so provides), hearing in accordance with section 554 of consultation with the Secretary of State and authorize officers to enforce the provisions title 5, United States Code, to have com- the Secretary of the department in which of this title or any regulation or license mitted an act prohibited by section 106 shall the Coast Guard is operating, may promul- issued under this title. be liable to the United States for a civil pen- gate such regulations, in accordance with (b) DISTRICT COURT JURISDICTION.—The dis- alty. The amount of the civil penalty shall section 553 of title 5, United States Code, as trict courts of the United States shall have not exceed $100,000 for each violation. Each may be necessary to carry out the purposes exclusive jurisdiction over any case or con- day of a continuing violation shall con- of the Agreement and this title. The Sec- troversy arising under the provisions of this stitute a separate offense. The amount of retary shall coordinate such regulations title. In the case of Guam, and any Common- such civil penalty shall be assessed by the with any other entities regulating high seas wealth, territory, or possession of the United Secretary by written notice. In determining fishing vessels, in order to minimize duplica- States in the Pacific Ocean, the appropriate the amount of such penalty, the Secretary tion of license application and reporting re- court is the United States District Court for shall take into account the nature, cir- quirements. To the extent practicable, such the District of Guam, except that in the case cumstances, extent, and gravity of the pro- regulations shall also be consistent with reg- of American Samoa, the appropriate court is hibited acts committed and, with respect to ulations implementing fishery management the United States District Court for the Dis- the violation, the degree of culpability, any plans under the Magnuson Fishery Conserva- trict of Hawaii. history of prior offenses, and such other mat- tion and Management Act (16 U.S.C. 1801 et (c) POWERS OF ENFORCEMENT OFFICERS.— ters as justice may require. seq.). (1) Any officer who is authorized under (2) The Secretary may compromise, mod- (e) NOTICE OF INTERNATIONAL CONSERVATION subsection (a) to enforce the provisions of ify, or remit, with or without conditions, AND MANAGEMENT MEASURES.—The Sec- this title may— any civil penalty that is subject to imposi- retary, in consultation with the Secretary of (A) with or without a warrant or other tion or that has been imposed under this sec- State, shall publish in the Federal Register, process— tion. from time to time, a notice listing inter- (i) arrest any person, if the officer has rea- (b) LICENSE SANCTIONS.— national conservation and management sonable cause to believe that such person has (1) In any case in which— measures recognized by the United States. committed an act prohibited by paragraph (A) a vessel of the United States has been SEC. 106. UNLAWFUL ACTIVITIES. (6), (7), (8), or (9) of section 106; used in the commission of an act prohibited It is unlawful for any person subject to the (ii) board, and search or inspect, any high under section 106; jurisdiction of the United States— seas fishing vessel; (B) the owner or operator of a vessel or any (1) to use a high seas fishing vessel on the (iii) seize any high seas fishing vessel (to- other person who has been issued or has ap- high seas in contravention of international gether with its fishing gear, furniture, applied for a license under section 104 has acted conservation and management measures de- purtenances, stores, and cargo) used or em- in violation of section 106; or scribed in section 105(e); ployed in, or with respect to which it reason- (C) any amount in settlement of a civil for- (2) to use a high seas fishing vessel on the ably appears that such vessel was used or feiture imposed on a high seas fishing vessel high seas, unless the vessel has on board a employed in, the violation of any provision or other property, or any civil penalty or valid license issued under section 104; of this title or any regulation or license criminal fine imposed on a high seas fishing (3) to use a high seas fishing vessel in vio- issued under this title; vessel or on an owner or operator of such a lation of the conditions or restrictions of a (iv) seize any living marine resource (wher- vessel or on any other person who has been license issued under section 104; ever found) taken or retained, in any man- issued or has applied for a license under any

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9584 CONGRESSIONAL RECORD — SENATE June 30, 1995 fishery resource statute enforced by the Sec- be supported by substantial evidence, as pro- under the provisions of this title, unless such retary, has not been paid and is overdue, the vided in section 706(2) of title 5, United provisions are inconsistent with the pur- Secretary may— States Code. poses, policy, and provisions of this title. (i) revoke any license issued to or applied (e) COLLECTION.— (d) PROCEDURE.— for by such vessel or person under this title, (1) If any person fails to pay an assessment (1) Any officer authorized to serve any with or without prejudice to the issuance of of a civil penalty after it has become a final process in rem that is issued by a court subsequent licenses; and unappealable order, or after the appro- under section 107(b) shall— (ii) suspend such license for a period of priate court has entered final judgment in (A) stay the execution of such process; or time considered by the Secretary to be ap- favor of the Secretary, the matter shall be (B) discharge any living marine resources propriate; referred to the Attorney General, who shall seized pursuant to such process; (iii) deny such license; or recover the amount assessed in any appro- upon receipt of a satisfactory bond or other (iv) impose additional conditions and re- priate district court of the United States. In security from any person claiming such strictions on such license. such action the validity and appropriateness property. Such bond or other security shall (2) In imposing a sanction under this sub- of the final order imposing the civil penalty be conditioned upon such person delivering section, the Secretary shall take into ac- shall not be subject to review. such property to the appropriate court upon count— (2) A high seas fishing vessel (including its order thereof, without any impairment of its (A) the nature, circumstances, extent, and fishing gear, furniture, appurtenances, value, or paying the monetary value of such gravity of the prohibited acts for which the stores, and cargo) used in the commission of property pursuant to an order of such court. sanction is imposed; and an act prohibited by section 106 shall be lia- Judgment shall be recoverable on such bond (B) with respect to the violator, the degree ble in rem for any civil penalty assessed for or other security against both the principal of culpability, any history of prior offenses, such violation under subsection (a) and may and any sureties in the event that any condi- and such other matters as justice may re- be proceeded against in any district court of tion thereof is breached, as determined by quire. the United States having jurisdiction there- such court. (3) Transfer of ownership of a high seas of. Such penalty shall constitute a maritime (2) Any living marine resources seized pur- fishing vessel, by sale or otherwise, shall not lien on such vessel that may be recovered in suant to this title may be sold, subject to extinguish any license sanction that is in ef- an action in rem in the district court of the the approval of the appropriate court, for not fect or is pending at the time of transfer of United States having jurisdiction over the less than the fair market value thereof. The ownership. Before executing the transfer of vessel. proceeds of any such sale shall be deposited ownership of a vessel, by sale or otherwise, SEC. 109. CRIMINAL OFFENSES. with such court pending the disposition of the owner shall disclose in writing to the (a) OFFENSES.—A person is guilty of an of- the matter involved. prospective transferee the existence of any fense if the person commits any act prohib- (e) REBUTTABLE PRESUMPTION.—For pur- license sanction that will be in effect or ited by paragraph (6), (7), (8), or (9) of section poses of this section, all living marine re- pending with respect to the vessel at the 106. sources found on board a high seas fishing time of the transfer. The Secretary may (b) PUNISHMENT.—Any offense described in vessel and which are seized in connection waive or compromise a sanction in the case subsection (a) is a class A misdemeanor pun- with an act prohibited by section 106 are pre- of a transfer pursuant to court order. ishable by a fine under title 18, United States sumed to have been taken or retained in vio- (4) In the case of any license that is sus- Code, or imprisonment for not more than one lation of this title, but the presumption can pended under this subsection for non- year, or both; except that if in the commis- be rebutted by an appropriate showing of evi- payment of a civil penalty or criminal fine, sion of any offense the person uses a dan- dence to the contrary. the Secretary shall reinstate the license gerous weapon, engages in conduct that SEC. 111. EFFECTIVE DATE. upon payment of the penalty or fine and in- causes bodily injury to any authorized offi- This title shall take effect 120 days after terest thereon at the prevailing rate. cer, or places any such officer in fear of im- the date of enactment of this Act. (5) No sanctions shall be imposed under minent bodily injury, the offense is a felony this subsection unless there has been prior punishable by a fine under title 18, United TITLE II—IMPLEMENTATION OF CONVEN- opportunity for a hearing on the facts under- States Code, or imprisonment for not more TION ON FUTURE MULTILATERAL CO- lying the violation for which the sanction is than 10 years, or both. OPERATION IN THE NORTHWEST AT- imposed, either in conjunction with a civil SEC. 110. FORFEITURES. LANTIC FISHERIES penalty proceeding under this section or oth- (a) IN GENERAL.—Any high seas fishing ves- SEC. 201. SHORT TITLE. erwise. sel (including its fishing gear, furniture, ap- This title may be cited as the ‘‘Northwest (c) HEARING.—For the purposes of con- purtenances, stores, and cargo) used, and any Atlantic Fisheries Convention Act of 1995’’. ducting any hearing under this section, the living marine resources (or the fair market SEC. 202. REPRESENTATION OF UNITED STATES Secretary may issue subpoenas for the at- value thereof) taken or retained, in any man- UNDER CONVENTION. tendance and testimony of witnesses and the ner, in connection with or as a result of the (a) COMMISSIONERS.— production of relevant papers, books, and commission of any act prohibited by section (1) APPOINTMENTS, GENERALLY.—The Sec- documents, and may administer oaths. Wit- 106 (other than an act for which the issuance retary shall appoint not more than 3 individ- nesses summoned shall be paid the same fees of a citation under section 107 is a sufficient uals to serve as the representatives of the and mileage that are paid to witnesses in the sanction) shall be subject to forfeiture to the United States on the General Council and courts of the United States. In case of con- United States. All or part of such vessel the Fisheries Commission, who shall each— tempt or refusal to obey a subpoena served may, and all such living marine resources (or upon any person pursuant to this subsection, (A) be known as a ‘‘United States Commis- the fair market value thereof) shall, be for- the district court of the United States for sioner to the Northwest Atlantic Fisheries feited to the United States pursuant to a any district in which such person is found, Organization’’; and civil proceeding under this section. resides, or transacts business, upon applica- (B) serve at the pleasure of the Secretary. (b) JURISDICTION OF DISTRICT COURTS.—Any tion by the United States and after notice to (2) REQUIREMENTS FOR APPOINTMENTS.— district court of the United States shall have such person, shall have jurisdiction to issue (A) The Secretary shall ensure that of the jurisdiction, upon application of the Attor- an order requiring such person to appear and individuals serving as Commissioners— ney General on behalf of the United States, give testimony before the Secretary or to ap- (i) at least 1 is appointed from among rep- to order any forfeiture authorized under sub- pear and produce documents before the Sec- resentatives of the commercial fishing indus- section (a) and any action provided for under retary, or both, and any failure to obey such try; subsection (d). order of the court may be punished by such (ii) 1 (but no more than 1) is an official of (c) JUDGMENT.—If a judgment is entered for court as a contempt thereof. the Government; and the United States in a civil forfeiture pro- (d) JUDICIAL REVIEW.—Any person against (iii) 1, other than the individual appointed whom a civil penalty is assessed under sub- ceeding under this section, the Attorney under clause (ii), is a voting member of the section (a) or against whose vessel a license General may seize any property or other in- New England Fishery Management Council. sanction is imposed under subsection (b) terest declared forfeited to the United (B) The Secretary may not appoint as a (other than a license suspension for non- States, which has not previously been seized Commissioner an individual unless the indi- payment of penalty or fine) may obtain re- pursuant to this title or for which security vidual is knowledgeable and experienced con- view thereof in the United States district has not previously been obtained. The provi- cerning the fishery resources to which the court for the appropriate district by filing a sions of the customs laws relating to— Convention applies. complaint against the Secretary in such (1) the seizure, forfeiture, and condemna- (3) TERMS.— court within 30 days from the date of such tion of property for violation of the customs (A) The term of an individual appointed as penalty or sanction. The Secretary shall law; a Commissioner— promptly file in such court a certified copy (2) the disposition of such property or the (i) shall be specified by the Secretary at of the record upon which such penalty or proceeds from the sale thereof; and the time of appointment; and sanction was imposed, as provided in section (3) the remission or mitigation of any such (ii) may not exceed 4 years. 2112 of title 28, United States Code. The find- forfeiture; (B) An individual who is not a Government ings and order of the Secretary shall be set shall apply to seizures and forfeitures in- official may not serve more than 2 consecu- aside by such court if they are not found to curred, or alleged to have been incurred, tive terms as a Commissioner.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9585

(b) ALTERNATE COMMISSIONERS.— sider and report on a question pertaining to (b) CIVIL PENALTY.—Any person who com- (1) APPOINTMENT.—The Secretary may, for the scientific basis for the management and mits any act that is unlawful under sub- any anticipated absence of a duly appointed conservation of fishery resources in waters section (a) shall be liable to the United Commissioner at a meeting of the General under the jurisdiction of the United States States for a civil penalty, or may be subject Council or the Fisheries Commission, des- within the Convention Area; and to a permit sanction, under section 308 of the ignate an individual to serve as an Alternate (2) any specification, under Article VIII(2) Magnuson Act (16 U.S.C. 1858). Commissioner. of the Convention, of the terms of reference (c) CRIMINAL PENALTY.—Any person who (2) FUNCTIONS.—An Alternate Commis- for the consideration of a question referred commits an act that is unlawful under para- sioner may exercise all powers and perform to the Scientific Council pursuant to Article graph (2), (3), (4), or (6) of subsection (a) shall all duties of the Commissioner for whom the VII(1) of the Convention. be guilty of an offense punishable under section 309(b) of the Magnuson Act (16 U.S.C. Alternate Commissioner is designated, at SEC. 204. AUTHORITIES OF SECRETARY OF STATE any meeting of the General Council or the WITH RESPECT TO CONVENTION. 1859(b)). (d) CIVIL FORFEITURE.— Fisheries Commission for which the Alter- The Secretary of State may, on behalf of (1) IN GENERAL.—Any vessel (including its nate Commissioner is designated. the Government of the United States— gear, furniture, appurtenances, stores, and (c) REPRESENTATIVES.— (1) receive and transmit reports, requests, cargo) used in the commission of an act that (1) APPOINTMENT.—The Secretary shall ap- recommendations, proposals, and other com- is unlawful under subsection (a), and any fish point not more than 3 individuals to serve as munications of and to the Organization and (or the fair market value thereof) taken or the representatives of the United States on its subsidiary organs; retained, in any manner, in connection with the Scientific Council, who shall each be (2) object, or withdraw an objection, to the or as a result of the commission of any act known as a ‘‘United States Representative to proposal of the Fisheries Commission; that is unlawful under subsection (a), shall the Northwest Atlantic Fisheries Organiza- (3) give or withdraw notice of intent not to be subject to seizure and forfeiture as pro- be bound by a measure of the Fisheries Com- tion Scientific Council’’. vided in section 310 of the Magnuson Act (16 mission; (2) ELIGIBILITY FOR APPOINTMENT.— U.S.C. 1860). (A) The Secretary may not appoint an indi- (4) object or withdraw an objection to an (2) DISPOSAL OF FISH.—Any fish seized pur- vidual as a Representative unless the indi- amendment to the Convention; and suant to this title may be disposed of pursu- vidual is knowledgeable and experienced con- (5) act upon, or refer to any other appro- ant to the order of a court of competent ju- cerning the scientific issues dealt with by priate authority, any other communication risdiction or, if perishable, in a manner pre- the Scientific Council. referred to in paragraph (1). scribed by regulations issued by the Sec- (B) The Secretary shall appoint as a Rep- SEC. 205. INTERAGENCY COOPERATION. retary. resentative at least 1 individual who is an of- (a) AUTHORITIES OF SECRETARY.—In car- (e) ENFORCEMENT.—The Secretary and the ficial of the Government. rying out the provisions of the Convention Secretary of the department in which the (3) TERM.—An individual appointed as a and this title, the Secretary may arrange for Coast Guard is operating shall enforce the Representative— cooperation with other agencies of the provisions of this title and shall have the au- (A) shall serve for a term of not to exceed United States, the States, the New England thority specified in sections 311(a), (b)(1), and 4 years, as specified by the Secretary at the and the Mid-Atlantic Fishery Management (c) of the Magnuson Act (16 U.S.C. 1861(a), time of appointment; Councils, and private institutions and orga- (b)(1), and (c)) for that purpose. (B) may be reappointed; and nizations. (f) JURISDICTION OF COURTS.—The district (C) shall serve at the pleasure of the Sec- (b) OTHER AGENCIES.—The head of any Fed- courts of the United States shall have exclu- retary. eral agency may— sive jurisdiction over any case or con- (d) ALTERNATE REPRESENTATIVES.— (1) cooperate in the conduct of scientific troversy arising under this section and may, (1) APPOINTMENT.—The Secretary may, for and other programs, and furnish facilities at any time— any anticipated absence of a duly appointed and personnel, for the purposes of assisting (1) enter restraining orders or prohibitions; Representative at a meeting of the Scientific the Organization in carrying out its duties (2) issue warrants, process in rem, or other Council, designate an individual to serve as under the Convention; and process; an Alternate Representative. (2) accept reimbursement from the Organi- (3) prescribe and accept satisfactory bonds (2) FUNCTIONS.—An Alternate Representa- zation for providing such services, facilities, or other security; and tive may exercise all powers and perform all and personnel. (4) take such other actions as are in the in- duties of the Representative for whom the SEC. 206. RULEMAKING. terests of justice. Alternate Representative is designated, at The Secretary shall promulgate regula- SEC. 208. CONSULTATIVE COMMITTEE. any meeting of the Scientific Council for tions as may be necessary to carry out the (a) ESTABLISHMENT.—The Secretary of which the Alternate Representative is des- purposes and objectives of the Convention State and the Secretary, shall jointly estab- ignated. and this title. Any such regulation may be lish a consultative committee to advise the (e) EXPERTS AND ADVISERS.—The Commis- made applicable, as necessary, to all persons Secretaries on issues related to the Conven- sioners, Alternate Commissioners, Rep- and all vessels subject to the jurisdiction of tion. (b) MEMBERSHIP.— resentatives, and Alternate Representatives the United States, wherever located. (1) The membership of the Committee shall may be accompanied at meetings of the Or- SEC. 207. PROHIBITED ACTS AND PENALTIES. ganization by experts and advisers. include representatives from the New Eng- (a) PROHIBITION.—It is unlawful for any land and Mid-Atlantic Fishery Management (f) COORDINATION AND CONSULTATION.— person or vessel that is subject to the juris- Councils, the States represented on those (1) IN GENERAL.—In carrying out their func- diction of the United States— tions under the Convention, Commissioners, Councils, the Atlantic States Marine Fish- (1) to violate any regulation issued under eries Commission, the fishing industry, the Alternate Commissioners, Representatives, this title or any measure that is legally and Alternate Representatives shall— seafood processing industry, and others binding on the United States under the Con- knowledgeable and experienced in the con- (A) coordinate with the appropriate Re- vention; gional Fishery Management Councils estab- servation and management of fisheries in the (2) to refuse to permit any authorized en- Northwest Atlantic Ocean. lished by section 302 of the Magnuson Act (16 forcement officer to board a fishing vessel U.S.C. 1852); and (2) TERMS AND REAPPOINTMENT.—Each that is subject to the person’s control for member of the consultative committee shall (B) consult with the committee established purposes of conducting any search or inspec- under section 208. serve for a term of two years and shall be eli- tion in connection with the enforcement of gible for reappointment. (2) RELATIONSHIP TO OTHER LAW.—The Fed- this title, any regulation issued under this (c) DUTIES OF THE COMMITTEE.—Members of eral Advisory Committee Act (5 U.S.C. øApp. title, or any measure that is legally binding the consultative committee may attend— § 1 et seq.)¿ App.) shall not apply to coordina- on the United States under the Convention; (1) all public meetings of the General tion and consultations under this subsection. (3) forcibly to assault, resist, oppose, im- Council or the Fisheries Commission; SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE. pede, intimidate, or interfere with any au- (2) any other meetings to which they are (a) RESTRICTION.—The Representatives thorized enforcement officer in the conduct invited by the General Council or the Fish- may not make a request or specification de- of any search or inspection described in para- eries Commission; and scribed in subsection (b)(1) or (2), respec- graph (2); (3) all nonexecutive meetings of the United tively, unless the Representatives have (4) to resist a lawful arrest for any act pro- States Commissioners. first— hibited by this section; (d) RELATIONSHIP TO OTHER LAW.—The Fed- (1) consulted with the appropriate Regional (5) to ship, transport, offer for sale, sell, eral Advisory Committee Act (5 U.S.C. øApp. Fishery Management Councils; and purchase, import, export, or have custody, § 1 et seq.)¿ App.) shall not apply to the con- (2) received the consent of the Commis- control, or possession of, any fish taken or sultative committee established under this sioners for that action. retained in violation of this section; or section. (b) REQUESTS AND TERMS OF REFERENCE DE- (6) to interfere with, delay, or prevent, by SEC. 209. ADMINISTRATIVE MATTERS. SCRIBED.—The requests and specifications re- any means, the apprehension or arrest of an- (a) PROHIBITION ON COMPENSATION.—A per- ferred to in subsection (a) are, respectively— other person, knowing that the other person son shall not receive any compensation from (1) any request, under Article VII(1) of the has committed an act prohibited by this sec- the Government by reason of any service of Convention, that the Scientific Council con- tion. the person as—

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9586 CONGRESSIONAL RECORD — SENATE June 30, 1995 (1) a Commissioner, Alternate Commis- TITLE III—ATLANTIC TUNAS CONVENTION ‘‘(3) In developing a program under this sioner, Representative, or Alternate Rep- ACT section, the Secretary shall provide for com- resentative; SEC. 301. SHORT TITLE. parable monitoring of all United States fish- (2) an expert or adviser authorized under This title may be cited as the ‘‘Atlantic ermen to which the Atlantic Tunas Conven- section 202(e); or Tunas Convention Authorization Act of tion Act applies with respect to effort and (3) a member of the consultative com- 1995’’. species composition of catch and discards. mittee established by section 208. SEC. 302. RESEARCH AND MONITORING ACTIVI- The Secretary through the Secretary of State shall encourage other member nations (b) TRAVEL AND EXPENSES.—The Secretary TIES. of State shall, subject to the availability of (a) REPORT TO CONGRESS.—The Secretary of to adopt a similar program.’’. appropriations, pay all necessary travel and Commerce shall, within 90 days after the SEC. 303. ADVISORY COMMITTEE PROCEDURES. other expenses of persons described in sub- date of enactment of this Act, submit a re- Section 4 of the Atlantic Tunas Convention section (a)(1) and of not more than six export to the Committee on Commerce, Act of 1975 (16 U.S.C. 971b) is amended— perts and advisers authorized under section Science, and Transportation of the Senate (1) by inserting ‘‘(a)’’ before ‘‘There’’; and 202(e) with respect to their actual perform- and the Committee on Resources of the (2) by adding at the end the following: ance of their official duties pursuant to this House of Representatives— ‘‘(b)(1) A majority of the members of the title, in accordance with the Federal Travel (1) identifying current governmental and advisory committee shall constitute a Regulations and sections 5701, 5702, 5704 nongovernmental research and monitoring quorum, but one or more such members des- through 5708, and 5731 of title 5, United activities on Atlantic bluefin tuna and other ignated by the advisory committee may hold States Code. highly migratory species; meetings to provide for public participation (2) describing the personnel and budgetary and to discuss measures relating to the (c) STATUS AS FEDERAL EMPLOYEES.—A per- resources allocated to such activities; and United States implementation of Commis- son shall not be considered to be a Federal (3) explaining how each activity contrib- sion recommendations. employee by reason of any service of the per- utes to the conservation and management of ‘‘(2) The advisory committee shall elect a son in a capacity described in subsection (a), Atlantic bluefin tuna and other highly mi- Chairman for a 2-year term from among its except for purposes of injury compensation gratory species. members. and tort claims liability under chapter 81 of (b) RESEARCH AND MONITORING PROGRAM.— ‘‘(3) The advisory committee shall meet at title 5, United States Code, and chapter 17 of Section 3 of the Act of September 4, 1980 (16 appropriate times and places at least twice a title 28, United States Code, respectively. U.S.C. 971i) is amended— year, at the call of the Chairman or upon the (1) by amending the section heading to request of the majority of its voting mem- SEC. 210. DEFINITIONS. read as follows: bers, the United States Commissioners, the In this title the following definitions ‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MI- Secretary, or the Secretary of State. Meet- apply: GRATORY SPECIES.’’; ings of the advisory committee shall be open (1) AUTHORIZED ENFORCEMENT OFFICER.— (2) by striking the last sentence; to the public, and prior notice of meetings The term ‘‘authorized enforcement officer’’ (3) by inserting ‘‘(a) BIENNIAL REPORT ON shall be made public in a timely fashion. means a person authorized to enforce this BLUEFIN TUNA.—’’ before ‘‘The Secretary of ‘‘(4)(A) The Secretary shall provide to the title, any regulation issued under this title, Commerce shall’’; and advisory committee in a timely manner such or any measure that is legally binding on the (4) by adding at the end the following: administrative and technical support serv- United States under the Convention. ‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH ices as are necessary for the effective func- (2) COMMISSIONER.—The term ‘‘Commis- AND MONITORING.— tioning of the committee. sioner’’ means a United States Commissioner ‘‘(1) Within 6 months after the date of en- ‘‘(B) The Secretary and the Secretary of to the Northwest Atlantic Fisheries Organi- actment of the Atlantic Tunas Convention State shall furnish the advisory committee zation appointed under section 202(a). Authorization Act of 1995, the Secretary of with relevant information concerning fish- (3) CONVENTION.—The term ‘‘Convention’’ Commerce, in cooperation with the advisory eries and international fishery agreements. means the Convention on Future Multilat- committee established under section 4 of the ‘‘(5) The advisory committee shall deter- eral Cooperation in the Northwest Atlantic Atlantic Tunas Convention Act of 1975 (16 mine its organization, and prescribe its prac- Fisheries, done at Ottawa on October 24, 1978. U.S.C. 971b) and in consultation with the tices and procedures for carrying out its (4) FISHERIES COMMISSION.—The term United States Commissioners on the Inter- functions under this Act, the Magnuson ‘‘Fisheries Commission’’ means the Fisheries national Commission for the Conservation of Fishery Conservation and Management Act Commission provided for by Articles II, XI, Atlantic Tunas (referred to elsewhere in this (16 U.S.C. 1801 et seq.), and the Convention. XII, XIII, and XIV of the Convention. section as the ‘Commission’) and the Sec- The advisory committee shall publish and (5) GENERAL COUNCIL.—The term ‘‘General retary of State, shall develop and implement make available to the public a statement of Council’’ means the General Council pro- a comprehensive research and monitoring its organization, practices, and procedures. vided for by Articles II, III, IV, and V of the program to support the conservation and ‘‘(6) The advisory committee shall, to the Convention. management of Atlantic bluefin tuna and maximum extent practicable, consist of an (6) MAGNUSON ACT.—The term ‘‘Magnuson other highly migratory species that shall— equitable balance among the various groups Act’’ means the Magnuson Fishery Conserva- ‘‘(A) identify and define the range of stocks concerned with the fisheries covered by the tion and Management Act (16 U.S.C. 1801 et of highly migratory species in the Atlantic Convention and shall not be subject to the seq.). Ocean, including Atlantic bluefin tuna; and Federal Advisory Committee Act (5 U.S.C. (7) ORGANIZATION.—The term ‘‘Organiza- ‘‘(B) provide for appropriate participation øApp. § 1 et seq.).’’.¿ App.).’’. tion’’ means the Northwest Atlantic Fish- by nations which are members of the Com- SEC. 304. REGULATIONS. eries Organization provided for by Article II mission. Section 6(c)(3) of the Atlantic Tunas Con- of the Convention. ‘‘(2) The program shall provide for, but not vention Act of 1975 (16 U.S.C. 971d(c)(3)) is (8) PERSON.—The term ‘‘person’’ means any be limited to— amended by adding ‘‘or fishery mortality individual (whether or not a citizen or na- ‘‘(A) statistically designed cooperative tag- level’’ after ‘‘quota of fish’’ in the last sen- tional of the United States), and any cor- ging studies; tence. poration, partnership, association, or other ‘‘(B) genetic and biochemical stock anal- SEC. 305. FINES AND PERMIT SANCTIONS. entity (whether or not organized or existing yses; Section 7(e) of the Atlantic Tunas Conven- under the laws of any State). ‘‘(C) population censuses carried out tion Act of 1975 (16 U.S.C. 971(e)) is amended (9) REPRESENTATIVE.—The term ‘‘Rep- through aerial surveys of fishing grounds to read as follows: resentative’’ means a United States Rep- and known migration areas; ‘‘(e) The civil penalty and permit sanctions resentative to the Northwest Atlantic Fish- ‘‘(D) adequate observer coverage and port of section 308 of the Magnuson Fishery Con- eries Scientific Council appointed under sec- sampling of commercial and recreational servation and Management Act (16 U.S.C. tion 202(c). fishing activity; 1858) are hereby made applicable to viola- (10) SCIENTIFIC COUNCIL.—The term ‘‘Sci- ‘‘(E) collection of comparable real-time tions of this section as if they were viola- entific Council’’ means the Scientific Coun- data on commercial and recreational catches tions of section 307 of that Act.’’. cil provided for by Articles II, VI, VII, VIII, and landings through the use of permits, SEC. 306. AUTHORIZATION OF APPROPRIATIONS. IX, and X of the Convention. logbooks, landing reports for charter oper- Section 10 of the Atlantic Tunas Conven- (11) SECRETARY.—The term ‘‘Secretary’’ ations and fishing tournaments, and pro- tion Act of 1975 (16 U.S.C. 971h) is amended to means the Secretary of Commerce. grams to provide reliable reporting of the read as follows: catch by private anglers; SEC. 211. AUTHORIZATION OF APPROPRIATIONS. ‘‘(F) studies of the life history parameters ‘‘§ 10. Authorization of appropriations There are authorized to be appropriated to of Atlantic bluefin tuna and other highly mi- ‘‘There are authorized to be appropriated carry out this title, including use for pay- gratory species; to carry out this Act, including use for payment as the United States contribution to ‘‘(G) integration of data from all sources ment of the United States share of the joint the Organization as provided in Article XVI and the preparation of data bases to support expenses of the Commission as provided in of the Convention, $500,000 for each of the fis- management decisions; and article X of the Convention, the following cal years 1995, 1996, ø1997¿ 1997, and 1998. ‘‘(H) other research as necessary. sums:

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9587 ‘‘(1) For fiscal year 1995, $2,750,000, of which (b) Not later than June 1, 1996, the Sec- terms that the United States will not now, $50,000 are authorized in the aggregate for retary of Commerce shall implement the rec- nor at any time in the future, tolerate any the advisory committee established under ommendations of International Commission action by Canada which would impede or section 4 and the species working groups es- for the Conservation of Atlantic Tunas re- otherwise restrict the right of passage of ves- tablished under section 4A, and $1,500,000 are garding yellowfin tuna. sels of the United States in a manner incon- authorized for research activities under this TITLE IV—FISHERMEN’S PROTECTIVE ACT sistent with international law; and Act. SEC. 401. FINDINGS. (13) the United States should redouble its ‘‘(2) For fiscal year 1996, $4,000,000, of which The Congress finds that— efforts to seek expeditious agreement with $62,000 are authorized in the aggregate for (1) customary international law and the Canada on appropriate fishery conservation such advisory committee and such working United Nations Convention on the Law of and management measures that can be im- groups, and $2,500,000 are authorized for such the Sea guarantee the right of passage, in- plemented through the Pacific Salmon Trea- research activities. cluding innocent passage, to vessels through ty to address issues of mutual concern. ‘‘(3) For fiscal year 1997, $4,000,000 of which the waters commonly referred to as the ‘‘In- SEC. 402. AMENDMENT TO THE FISHERMEN’S $75,000 are authorized in the aggregate for side Passage’’ off the Pacific Coast of Can- PROTECTIVE ACT OF 1967. such advisory committee and such working ada; (a) The Fishermen’s Protective Act of 1967 groups, and $2,500,000 are authorized for such (2) Canada recently required all commer- (22 U.S.C. 1971 et seq.) is amended by adding research activities.’’. cial fishing vessels of the United States to at the end the following new section: ‘‘(4) For fiscal year 1998, $4,000,000 of which pay 1,500 Canadian dollars to obtain a ‘‘li- ‘‘SEC. 11. (a) In any case on or after June $75,000 are authorized in the aggregate for cense which authorizes transit’’ through the 15, 1994, in which a vessel of the United such advisory committee and such working Inside Passage; States exercising its right of passage is groups, and $2,500,000 are authorized for such (3) this action was inconsistent with inter- charged a fee by the government of a foreign research activities.’’. national law, including the United Nations country to engage in transit passage between SEC. 307. REPORT AND CERTIFICATION. Convention on the Law of the Sea, and, in points in the United States (including a The Atlantic Tunas Convention Act of 1975 particular, Article 26 of that Convention, point in the exclusive economic zone or in an (16 U.S.C. 971 et seq.) is amended by adding which specifically prohibits such fees, and area over which jurisdiction is in dispute), at the end thereof the following: threatened the safety of United States com- and such fee is regarded by the United States ‘‘§ 11. Annual report mercial fishermen who sought to avoid the as being inconsistent with international law, ‘‘Not later than April 1, 1996, and annually fee by traveling in less protected waters; the Secretary of State shall reimburse the thereafter, the Secretary shall prepare and (4) the Fishermen’s Protective Act of 1967 vessel owner for the amount of any such fee transmit to the Committee on Resources of provides for the reimbursement of vessel paid under protest. ‘‘(b) In seeking such reimbursement, the the House of Representatives and the Com- owners who are forced to pay a license fee to vessel owner shall provide, together with mittee on Commerce, Science, and Transpor- secure the release of a vessel which has been such other information as the Secretary of tation of the Senate a report, that— seized, but does not permit reimbursement of State may require— ‘‘(1) details for the previous 10-year period a fee paid by the owner in advance in order ‘‘(1) a copy of the receipt for payment; the catches and exports to the United States to prevent a seizure; ‘‘(2) an affidavit attesting that the owner of highly migratory species (including tunas, (5) Canada required that the license fee be or the owner’s agent paid the fee under pro- swordfish, marlin and sharks) from nations paid in person in 2 ports on the Pacific Coast test; and fishing on Atlantic stocks of such species of Canada, or in advance by mail; ‘‘(3) a copy of the vessel’s certificate of that are subject to management by the Com- (6) significant expense and delay was in- documentation. mission; curred by commercial fishing vessels of the ‘‘(c) Requests for reimbursement shall be ‘‘(2) identifies those fishing nations whose United States that had to travel from the made to the Secretary of State within 120 harvests are inconsistent with conservation point of seizure back to one of those ports in days after the date of payment of the fee, or and management recommendations of the order to pay the license fee required by Can- within 90 days after the date of enactment of Commission; ada, and the costs of that travel and delay this section, whichever is later. cannot be reimbursed under the Fishermen’s ‘‘(3) describes reporting requirements es- ‘‘(d) øsuch¿ Such funds as may be necessary tablished by the Secretary to ensure that Protective Act; to meet the requirements of this section may imported fish products are in compliance (7) the Fishermen’s Protective Act of 1967 be made available from the unobligated bal- with all international management meas- should be amended to permit vessel owners ances of previously appropriated funds re- ures, including minimum size requirements, to be reimbursed for fees required by a for- maining in the Fishermen’s Guaranty Fund established by the Commission and other eign government to be paid in advance in established under section 7 and the Fisher- international fishery organizations to which order to navigate in the waters of that for- men’s Protective Fund established under sec- the United States is a party; and eign country if the United States considers tion 9. To the extent that requests for reim- ‘‘(4) describes actions taken by the Sec- that fee to be inconsistent with inter- bursement under this section exceed such retary under section 12. national law; funds, there are authorized to be appro- ‘‘§ 12. Certification (8) the Secretary of State should seek to priated such sums as may be needed for re- ‘‘(a) If the Secretary determines that ves- recover from Canada any amounts paid by imbursements authorized under subsection sels of any nation are harvesting fish which the United States to reimburse vessel owners (a). are subject to regulation pursuant to a rec- who paid the transit license fee; ‘‘(e) The Secretary of State shall take such ommendation of the Commission and which (9) the United States should review its cur- action as the Secretary deems appropriate to were taken from the convention area in a rent policy with respect to anchorage by make and collect claims against the foreign manner or under circumstances which would commercial fishing vessels of Canada in wa- country imposing such fee for any amounts tend to diminish the effectiveness of the con- ters of the United States off Alaska, includ- reimbursed under this section. servation recommendations of the Commis- ing waters in and near the Dixon Entrance, ‘‘(f) For purposes of this section, the term sion, the Secretary shall certify such fact to and should accord such vessels the same ‘owner’ includes any charterer of a vessel of the President. treatment that commercial fishing vessels of the United States. ‘‘(b) Such certification shall be deemed to the United States are accorded for anchorage ‘‘(g) This section shall remain in effect be a certification for the purposes of section in the waters of Canada off British Columbia; until October 1, 1996.’’. 8 of the Fishermen’s Protective Act (22 (10) the President should ensure that, con- (b) The Fishermen’s Protective Act of 1967 U.S.C. 1978). sistent with international law, the United (22 U.S.C. 1971 et seq.) is further amended by ‘‘(c) Upon certification under subsection States Coast Guard has available adequate adding at the end the following: (a), the Secretary shall promulgate regula- resources in the Pacific Northwest and Alas- ‘‘SEC. 12. (a) If the Secretary of State finds tions under section 6(c)(4) with respect to a ka to provide for the safety of United States that the government of any nation imposes nation so certified.’’. citizens, the enforcement of United States conditions on the operation or transit of SEC. 308. MANAGEMENT OF YELLOWFIN TUNA. law, and to protect the rights of the United United States fishing vessels which the (a) Not later than 90 days after the date of States and keep the peace among vessels op- United States regards as being inconsistent the enactment of this Act, the Secretary of erating in disputed waters; with international law or an international Commerce in accordance with this section (11) the President should continue to re- agreement, the Secretary of State shall cer- shall publish a preliminary determination of view all agreements between the United tify that fact to the President. the level of the United States recreational States and Canada to identify other actions ‘‘(b) Upon receipt of a certification under and commercial catch of yellowfin tuna on that may be taken to convince Canada that subsection (a), the President shall direct the an annual basis since 1980. The Secretary any reinstatement of the transit license fee heads of Federal agencies to impose similar shall publish a preliminary determination in would be against Canada’s long-term inter- conditions on the operation or transit of the Federal Register for comment for a pe- ests, and should immediately implement any fishing vessels registered under the laws of riod not to exceed 60 days. The Secretary actions which the President deems appro- the nation which has imposed conditions on shall publish a final determination not later priate if Canada reinstates the fee; United States fishing vessels. than 140 days from the date of the enactment (12) the President should continue to im- ‘‘(c) For the purposes of this section, the of this section. mediately convey to Canada in the strongest term ‘fishing vessel’ has the meaning given

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9588 CONGRESSIONAL RECORD — SENATE June 30, 1995

that term in section 2101(11a) of title 46, (5) the best scientific information dem- SNOWE, and Mr. BREAUX, proposes an amend- United States Code. onstrates the wastefulness and potentially ment numbered 1488. ‘‘(d) It is the sense of the Congress that destructive impacts of large-scale driftnet Mr. DOLE. Mr. President, I ask unan- any action taken by any Federal agency fishing on living marine resources and under subsection (b) should be commensu- seabirds; and imous consent that reading of the rate with any conditions certified by the (6) Resolution 46/215 of the United Nations amendment be dispensed with. Secretary of State under subsection (a).’’. General Assembly calls on all nations, both The PRESIDING OFFICER. Without SEC. 403. REAUTHORIZATION. individually and collectively, to prevent objection, it is so ordered. (a) Section 7(c) of the Fishermen’s Protec- large-scale driftnet fishing on the high seas. (The text of the amendment is print- tive Act of 1967 (22 U.S.C. 1977(c)) is amended SEC. 603. PROHIBITION. ed in today’s RECORD under ‘‘Amend- by striking the third sentence. The United States, or any agency or offi- ments Submitted.’’) (b) Section 7(e) of the Fishermen’s Protec- cial acting on behalf of the United States, Mr. STEVENS. Mr. President, today may not enter into any international agree- tive Act of 1967 (22 U.S.C. 1977(e)) is amended I urge the Senate to support the pas- by striking ‘‘October 1, 1993’’ and inserting ment with respect to the conservation and ‘‘October 1, 2000’’. management of living marine resources or sage of S. 267, the Fisheries Act of 1995—what the Subcommittee on SEC. 404. TECHNICAL CORRECTIONS. the use of the high seas by fishing vessels that would prevent full implementation of (a)(1) Section 15(a) of Public Law 103–238 is Oceans and Fisheries calls ‘‘the inter- the global moratorium on large-scale amended by striking ‘‘April 1, 1994,’’ and in- national fish package.’’ driftnet fishing on the high seas, as such serting ‘‘May 1, ø1994,’’.¿ 1994.’’. I introduced S. 267 on January 24, moratorium is expressed in Resolution 46/215 (2) The amendment made by paragraph (1) 1995. It was approved by the Commerce of the United Nations General Assembly. shall be effective on and after April 30, 1994. Committee in executive session on (b) Section 803(13)(C) of Public Law 102–567 SEC. 604. NEGOTIATIONS. The Secretary of State, on behalf of the March 23, 1995 and reported to the full (16 U.S.C. 5002(13)(C)) is amended to read as Senate on May 26, 1995. follows: United States, shall seek to enhance the im- ‘‘(C) any vessel supporting a vessel de- plementation and effectiveness of the United Senators KERRY, GORTON, BREAUX, scribed in subparagraph (A) or (B).’’. Nations General Assembly resolutions and PACKWOOD, MURKOWSKI, and MURRAY decisions regarding the moratorium on join me as cosponsors to the bill. TITLE V—FISHERIES ENFORCEMENT IN large-scale driftnet fishing on the high seas What I am presenting today with CENTRAL SEA OF OKHOTSK through appropriate international agree- Senator KERRY is a bipartisan sub- SEC. 501. SHORT TITLE. ments and organizations. stitute to the reported bill, which in- This title may be cited as the ‘‘Sea of SEC. 605. CERTIFICATION. Okhotsk Fisheries Enforcement Act of 1995’’. The Secretary of State shall determine in cludes additions and minor changes I SEC. 502. FISHING PROHIBITION. writing prior to the signing or provisional will briefly address. (a) ADDITION OF CENTRAL SEA OF application by the United States of any We’ve added an important new sec- OKHOTSK.—Section 302 of the Central Bering international agreement with respect to the tion—title VII—to the bill that will im- Sea Fisheries Enforcement Act of 1992 (16 conservation and management of living ma- plement the agreement reached be- U.S.C. 1823 note) is amended by inserting rine resources or the use of the high seas by tween the United States and Canada on ‘‘and the Central Sea of Okhotsk’’ after fishing vessels that the prohibition con- February 3, 1995 to conserve and man- tained in section 603 will not be violated if ‘‘Central Bering Sea’’. age Yukon River salmon stocks. (b) DEFINITION.—Section 306 of such Act is such agreement is signed or provisionally ap- amended— plied. This agreement and the necessary (1) by redesignating paragraphs (2), (3), (4), SEC. 606. ENFORCEMENT. implementing legislation will help as- (5), and (6) as paragraphs (3), (4), (5), (6), and The President shall utilize appropriate assure commercial and subsistence fish- (7), respectively; and sets of the Department of Defense, the ermen living along the Yukon River in (2) by inserting after paragraph (1) the fol- United States Coast Guard, and other Fed- both Alaska and Canada that our lowing: eral agencies to detect, monitor, and prevent shared salmon resources are carefully ‘‘(2) CENTRAL SEA OF OKHOTSK.—The term violations of the United Nations moratorium managed and restored in the years on large-scale driftnet fishing on the high ‘Central Sea of Okhotsk’ means the central ahead. Sea of Okhotsk area which is more than two seas for all fisheries under the jurisdiction of hundred nautical miles seaward of the base- the United States and, in the case of fish- I introduced the Yukon legislation line from which the breadth of the territorial eries not under the jurisdiction of the United (S. 662) on April 3, 1995. The committee sea of the Russian Federation is measured.’’. States, to the fullest extent permitted under received testimony on it at our Magnu- TITLE VI—DRIFTNET MORATORIUM international law. son Act reauthorization field hearing TITLE VII—GOVERNING INTERNATIONAL in Seattle, WA, on March 18, 1995. SEC. 601. SHORT TITLE. FISHERY AGREEMENT This title may be cited as the ‘‘High Seas The agreement requires the United Driftnet Fishing Moratorium Protection SEC. 701. AGREEMENT WITH ESTONIA. States to pay $400,000 annually into a Act’’. Notwithstanding section 203 of the Magnu- Yukon River restoration and enhance- son Fishery Conservation and Management SEC. 602. FINDINGS. ment fund for mutually beneficial Act (16 U.S.C. 1823), the governing inter- salmon restoration and enhancement The Congress finds that— national fishery agreement between the Gov- (1) Congress has enacted and the President ernment of the United States of America and activities along the Yukon River. has signed into law numerous Acts to con- the government of the Republic of Estonia as The agreement also creates a joint trol or prohibit large-scale driftnet fishing contained in the message to Congress from United States/Canada Yukon River both within the jurisdiction of the United the President of the United States dated panel to make conservation and man- States and beyond the exclusive economic January 19, 1995, is approved as a governing agement recommendations and to help zone of any nation, including the Driftnet international fishery agreement for the pur- Impact Monitoring, Assessment, and Control determine how to spend the restoration poses of such Act and shall enter into force and enhancement funds. Act of 1987 (title IV, Public Law 100–220), the and effect with respect to the United States Driftnet Act Amendments of 1990 (Public on the date of enactment of this Act. My provision establishes the U.S. Law 101–627), and the High Seas Driftnet section of the Yukon River panel and AMENDMENT NO. 1488 Fisheries Enforcement Act (title I, Public authorizes spending for: The U.S. pay- Law 102–582); (Purpose: To correct certain minor and technical errors in the bill) ment, the necessary costs of the panel (2) the United States is a party to the Con- and an advisory committee, and other vention for the Prohibition of Fishing with Mr. DOLE. I ask unanimous consent Long Driftnets in the South Pacific, also the reported committee amendment be costs associated with the conservation known as the Wellington Convention; withdrawn and I send a substitute to and management of Yukon River salm- (3) the General Assembly of the United Na- the desk on behalf of Senators STE- on. tions has adopted three resolutions and three VENS, KERRY, SNOWE, and BREAUX. Title III of the bill—which includes decisions which established and reaffirm a The PRESIDING OFFICER. Without amendments to, and the reauthoriza- global moratorium on large-scale driftnet objection, the amendment is with- tion of, the Atlantic Tunas Convention fishing on the high seas, beginning with Res- drawn. Act—has been revised to require a list- olution 44/225 in 1989 and most recently in ing procedures by the United States of Decision 48/445 in 1993; The PRESIDING OFFICER. The (4) the General Assembly of the United Na- clerk will report. nations whose vessels are operating in tions adopted these resolutions and decisions The legislative clerk read as follows: a way that diminishes the effectiveness at the request of the United States and other The Senator from Kansas [Mr. DOLE], for of conservation efforts in the Atlantic concerned nations; Mr. STEVENS, for himself, Mr. KERRY, Ms. tunas convention area.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9589 We’ve also added a new provision to vention on Future Multilateral Cooperation ADOPTION OF S. 267 require a review of bluefin tuna regula- in the Northwest Atlantic Fisheries. The Treaty calls for establishment of the North- Mr. PRESSLER. Mr. President, S. 267 tions. the Fisheries Act of 1995, is a bill I am Minor changes have been made in west Atlantic Fisheries Organization (NAFO) to assess and conserve high seas fishery re- pleased to bring to the floor for consid- title IV relating to the source of funds sources off the coasts of Canada and New eration today. It is comprised of a to be used to reimburse United States England. Among other provisions, this title number of measures that would fishermen who paid Canada‘s transit would provide for: 1) U.S. representation in strengthen international fishery con- fee in 1994. NAFO; 2) coordination between NAFO and servation and management. A new provision has been added to appropriate Regional Fishery Management title IV to reimburse the legal and Councils; and 3) authorization for the Secre- I would like to recognize the efforts travel costs—not to exceed a total of taries of Commerce and State to carry out of Senator STEVENS, our Oceans and $25,000—of owners of scallop vessels U.S. responsibilities under the Convention. Fisheries Subcommittee chairman, Title III (Atlantic Tunas Convention Act) who along with Senators KERRY, GOR- seized by Canada in 1994, who were fish- extends the authorization of appropriations ing for sedentary species outside of TON, MURRAY, and MURKOWSKI intro- for the Atlantic Tunas Convention Act duced the bill. The bill also was co- Canada’s exclusive economic zone. through fiscal year 1998; provides for the de- We’ve deleted a Governing Inter- velopment of a research and monitoring pro- sponsored by Senator BREAUX and Sen- national Fisheries Agreement [GIFA] gram for bluefin tuna and other wide-ranging ator PACKWOOD. with Estonia, which already went into Atlantic fish stocks; establishes operating Many of the titles in S. 267, were bills effect since the time we introduced S. procedures for the International Commission introduced in the 103d Congress but not 267. for the Conservation of Atlantic Tunas enacted. The Committee on Commerce, We’ve added a new section—section (ICCAT) Advisory Committee; calls for an Science, and Transportation held a annual report to be made and addresses ac- hearing on these matters on July 21, 801—which amends the South Pacific tions to be taken with nations that fail to Tuna Act of 1988 to authorize vessels comply with ICCAT recommendations. 1994, indicating a strong bipartisan documented under the laws of the Title IV (Fishermen’s Protective Act) re- support for these fishery conservation United States to fish for tuna in all wa- authorizes and amends the Fishermen’s Pro- measures. ters of the treaty area, including the tective Act of 1967 to allow the Secretary of The Committee on Commerce, U.S. exclusive economic zone of that State to reimburse U.S. fishermen forced to Science, and Transportation reported area. pay transit passage fees by a foreign country the bill by unanimous vote on March This new section also lifts certain re- regarded by the U.S. to be inconsistent with international law. The amendment responds 23, 1995. While only technical amend- strictions for fishing for tuna in the to the $1,500 (Canadian $) transit fee charged ments were adopted, it was noted that treaty area so long as purse seines are to U.S. fishermen last year for passage off Senator SNOWE was considering an not used to encircle any dolphin or British Columbia. amendment to restrict directed foreign other marine mammal. Title V (Sea of Okhotsk) would prohibit fishing within the EEZ for Atlantic Finally, we’ve added a new section— U.S. fishermen from fishing in the Central herring and Atlantic mackerel. We Sea of Okhotsk (known as the ‘‘Peanut section 802—at Senator SNOWE’s re- have worked with Senator SNOWE to in- Hole’’) except where such fishing is con- quest and with Senator KERRY’s assist- corporate her concerns into the com- ance, to prohibit a foreign allocation in ducted in accordance with a fishery agreement to which both the U.S. and Russia are mittee substitute before us and we ap- any fishery within the U.S. exclusive parties. preciate her efforts in reaching this economic zone unless a fishery man- Title VI (Relating to U.N. Driftnet Ban) compromise. agement plan is in place for the fish- would prohibit the U.S. from entering into We also have incorporated provisions ery. any international agreement with respect to addressing conservation of salmon The new section 802 prohibits the fisheries, marine resources, the use of the high seas, or trade in fish or fish products stocks of the Yukon River and regula- Secretary of Commerce from approving tions and enforcement actions for mi- fishing under a permit application by a that would prevent full implementation of the United Nations global moratorium on gratory species managed under the At- foreign vessel for Atlantic herring or large-scale driftnet fishing on the high seas. lantic Tunas Convention and the South mackerel unless the appropriate re- Title VII (Yukon River Salmon Act) would Pacific Tuna Act. gional fishery management council has provide domestic implementing legislation I also want to note that the com- approved the fishing—and unless the for the agreement reached between the mittee has worked with Senator PACK- Secretary of Commerce has included in United States and Canada on February 3, 1995 to conserve and manage Yukon River WOOD, chairman of the Finance Com- the permit any restrictions rec- mittee and an active member of the ommended by the council. salmon stocks. It provides for U.S. representation on the Yukon River Panel; establishes Commerce Committee, to address a I want to thank Senator KERRY and voting procedures for the U.S. section of the provision of the bill that deals with his staff, Penny Dalton, Lila Helms and panel; and authorizes appropriations for the amendments to the Atlantic Tunas Steve Metruck for their work on this $400,000 annual contribution required by the Convention Act. We appreciate the co- package. I also want to thank the staff United States under the agreement for operation that he and his staff have who assisted me with this: Trevor Yukon River salmon restoration and en- given us on this provision. McCabe, Tom Melius and Rebecca hancement, as well as other costs associated I strongly believe that through the Metzner. with salmon conservation on the Yukon We urge the Senate to pass S. 267. River. proper conservation and management Title VIII (Miscellaneous) includes two of our Nation’s living marine re- We’ve worked in recent weeks with sections. Section 801 amends the South Pa- House members and staff on the House sources, we will enhance economic op- cific Tuna Act of 1988 to authorize vessels portunities for future generations. The Resources Committee, and believe the documented under the laws of the United package we are presenting today will States to fish for tuna in all waters of the bill before us contains a number of pro- be acceptable in the House, so that Treaty Area, including the U.S. Exclusive visions important to the conservation quick action may be possible in getting Economic Zone of that area. It also lifts cer- of fishery resources in our oceans. It is this passed into law. tain restrictions for fishing for tuna in the a noncontroversial bill with bipartisan Below is a brief summary of the bill: Treaty area so long as purse seines are not support. used to encircle any dolphin or other marine Mr. President, I strongly support S. SUMMARY mammal. Title I (The High Seas Fishing Compliance Section 802 prohibits a foreign allocation 267 and ask my colleagues to join me in Act of 1995) provides for the domestic imple- in any fishery within the U.S. exclusive eco- it’s adoption. mentation of the Agreement to Promote nomic zone unless a fishery management Ms. SNOWE. Mr. President, I am a Compliance with International Conservation plan is in place for the fishery. Section 802 cosponsor of the substitute to S. 267 of- and Management Measures by Fishing Ves- also prohibits the Secretary of Commerce fered by Senator STEVENS, and I rise to sels on the High Seas, which was adopted by from approving fishing under permit applica- express support for the amendment. the U.N. Food and Agriculture Organization tion by a foreign vessel for Atlantic herring Before proceeding to discuss the sub- or mackerel unless the appropriate regional in 1993. It would establish a system of per- stitute, I want to offer my sincere mitting, reporting, and regulation for U.S. fishery management council has approved vessels fishing on the high seas. the fishing; and unless the Secretary of Com- thanks to the chairman of the Com- Title II (The Northwest Atlantic Fisheries merce has included in the permit any restric- merce Committee, Senator PRESSLER, Convention Act) would implement the Con- tions recommended by the Council. and the chairman of the Oceans and

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9590 CONGRESSIONAL RECORD — SENATE June 30, 1995 Fisheries Subcommittee, Senator STE- and gain a foothold in West Africa, the This moratorium would have given our VENS, for their assistance to me Middle East, and Eastern Europe. The industry adequate time to create new throughout the process of considering Maine sardine industry has been trying products, markets, and associated in- S. 267. Early on, I expressed an interest to expand its markets in Mexico and frastructure in herring and mackerel. in offering an amendment to the bill, the Caribbean. As groundfish landings It would have preserved valuable jobs and the two chairmen and their staffs decline, new players are actively pur- in the New England fishing industry, always showed a willingness to help me suing new opportunities in the sustain- and it would have done so without as a freshman member of the com- able development of herring and mack- strengthening the position of our for- mittee. S. 267 is the first fisheries bill erel. Resource Trading Company of eign competitors. The Resource Trad- considered by the Commerce Com- Portland, Maine, has negotiated a deal ing Company deal that I mentioned mittee in the 104th Congress, and the to sell 25,000 tons of Atlantic herring to earlier, which involves only U.S. fisher- leadership and skillfulness that the China—a market of enormous potential men, shows clearly the great potential Senators demonstrated in this effort for New England fishermen. that exists. deserves to be commended. New England fishing interests are In committee, however, Senator GOR- Mr. President, the substitute in- not the only ones pursuing our herring TON expressed reservations about my cludes an amendment that I sponsored and mackerel, however. Foreign coun- amendment. A company based in Wash- which is designed to protect two of the tries like Russia and the Netherlands ington State that has operated in Rus- few remaining healthy fish stocks in have shown a keen interest in obtain- sian waters and that is pursuing new U.S. waters—Atlantic herring and At- ing fishing rights for these species in markets in Russia was concerned that lantic mackerel—from foreign fishing U.S. waters. In 1993, the Russians and such a strong statement from the pressures. I consider this amendment their domestic partner came close in United States on fisheries could nega- and the issues that it addresses to be persuading the Administrator of the tively affect some of its ongoing busi- very important for the health of our National Marine Fisheries Service to ness. I agreed to work with Senator approve an application to harvest 10,000 domestic fishing industry as well as GORTON, as well as Senators KERRY, tons of Atlantic mackerel— despite the our domestic fish stocks. STEVENS, and PRESSLER, to work out a As media stories over the last year fact that the Mid-Atlantic Fishery compromise acceptable to all parties. Management Council had specified that have reported, the New England Fortunately, we were able to reach no foreign fishing rights for mackerel groundfish fishery is now experiencing an agreement on a new amendment be granted. Since that time, the Dutch, the most serious crisis in its long his- that I sponsored and that Senator acting through the European Union, tory. Groundfish stocks in the region Kerry agreed to cosponsor. The amend- have aggressively pursued foreign fish- have dwindled to record lows, threat- ment is contained in the Stevens Sub- ing rights for mackerel, and the Rus- ening the future viability of this essen- stitute under consideration today. It sians have continued to push for a por- tial resource. Stringent conservation has two provisions. regulations have been implemented in tion of the stock. First, the amendment prohibits the response to the stock decline in an at- Mr. President, it would be uncon- awarding of any foreign harvesting tempt to prevent a collapse of the fish- scionable for the U.S. Government to rights for any fishery that is not sub- ery. In combination, these two factors allow foreign countries to begin har- ject to a fishery management plan have drastically reduced fishing oppor- vesting two of the only healthy stocks under the Magnuson Act. At a bare tunities, threatening a centuries-old left in U.S waters while New England minimum, no foreign harvesting should industry and the livelihoods of thou- fishermen lose their jobs as a result of be allowed unless a strict regime for sands of people in coastal communities the groundfish crisis. Since the process managing the harvest is in place. At- across the region who depend on it. of developing strict fishing regulations And the regulations approved to date for groundfish began four years ago, lantic herring does not have a council- are not the end of it. The New England Federal fisheries managers and policy- approved fishery management plan at Fishery Management Council is now makers have encouraged the present time, so this provision will developing a public hearing document groundfishermen to pursue alternatives protect the herring resource from for- for new fishing effort reduction meas- or ‘‘underutilized’’ species like herring eign fishing pressure until the New ures that are even more draconian than and mackerel. They have cited this op- England Fishery Management Council the existing regulations. tion as an important way to help some approves a plan. To survive in the face of such adver- fishermen stay in business during the Second, the amendment adds a new sity, many fishermen who want to re- recovery period for goundfish. To give layer of scrutiny to any applications main on the water will have to catch away our fish to foreign fishermen at submitted by foreign countries for the species besides groundfish. But unfor- this critical time, after all of the rhet- harvest of Atlantic herring and mack- tunately, given present rates of fishing oric about developing underutilized erel in U.S. waters. Under the current effort, few species offer much oppor- species, would be a slap in the face to procedures in the Magnuson Act, the tunity for new harvesting capacity. our fishermen. We should instead help regional fishery management council Two that do are Atlantic herring and fishermen and processors develop these of jurisdiction is required to specify Atlantic mackerel. The National Ma- resources in a sustainable manner, and whether foreign harvesting of a par- rine Fisheries Service has determined the best way that we can do that is to ticular species should be allowed. The that these stocks are healthy, and that provide assurances that sufficient Secretary of Commerce is encouraged they can withstand higher rates of har- quantities of fish will be available to to follow the Council’s guidance on for- vest without endangering the resource. meet the needs of our industry. We eign fishing, but he is not bound by it. Utilization of these species by North- need to give entrepreneurs and fisher- In effect, the Secretary can disagree east fishermen has been limited to date men the time to develop new products with the Council, and approve a foreign because they generate less value in the and markets so that they can compete fishing application despite the Coun- market than groundfish. Maine has a all over the world with the same council’s reservations. viable sardine industry that uses a tries who seek the last of our healthy My amendment prohibits the Sec- modest portion of the herring resource, fish stocks. retary from approving a foreign fishing and herring are harvested for bait to Out of my great concern for the fu- application for herring and mackerel supply other fisheries like lobster and ture of the fishing industry in Maine unless the council of jurisdiction rec- bluefin tuna. With regard to mackerel, and New England, and out of my strong ommends approval of it. In the absence several processors in the Northeast desire to see American fishermen sus- of explicit Council agreement, the Sec- have established markets serving Can- tainable utilize Atlantic herring and retary will no longer be able to grant ada and the Caribbean. mackerel, I offered an amendment dur- foreign fishing rights. A foreign appli- But significant potential for expan- ing committee consideration of S. 267 cant will therefore have to convince sion of these domestic industries ex- which would have imposed a 4-year not only the Commerce and State de- ists. The mackerel industry hopes to moratorium on the granting of foreign partments, but the regional council increase market share in the Caribbean harvesting rights for these two species. that was established to conserve the

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9591 marine fisheries resources of the re- substantially in the stock assessments tries are doing their part to conserve gion, and whose membership is drawn and monitoring of highly migratory these important natural resources. in part from the regional fishing indus- species that occur in the region. Hope- Mr. President, the amendments that try. While I would have preferred a fully, this provision will bring sci- I have described will significantly im- moratorium, this new provision will entists closer to the fishery, stimulate prove S. 267, and improve U.S. efforts make it more difficult for foreign coun- fresh thinking about fisheries science, to manage its marine fisheries. I urge tries to gain access to our important and lead to improvements in NOAA’s my colleagues to support the sub- herring and mackerel resources. scientific program. Senator KERRY and stitute, and to support S. 267 as amend- Mr. President, I also wanted to men- I have also asked for administrative ed. tion a couple of additional amend- action on this matter, and we will con- Mr. KERRY. Mr. President, I am ments contained in the substitute that tinue our efforts in that regard after S. pleased to express my pleasure as the I cosponsored. Both amendments relate 267 is enacted. Senate prepares to pass the Fisheries to the management and conservation I had also cosponsored another Act of 1995. This legislation addresses of Atlantic bluefin tuna and other amendment offered by Senator BREAUX an issue of great importance to the highly migratory species in the Atlan- pertaining to the enforcement of people of Massachusetts, the Nation, tic. ICCAT conservation measures. Western and, indeed, the world—the promotion Last year, pursuant to a request from Atlantic fishermen, particularly Amer- of sustainable fisheries on a worldwide the Maine and Massachusetts congres- ican fishermen, have abided by ICCAT’s basis. sional delegations, a scientific peer re- rules since the first stringent quotas One of the world’s primary sources of view panel convened under the auspices were implemented in the early 1980’s. dietary protein, marine fish stocks of the National Research Council Unfortunately, some fishermen from were once thought to be an inexhaust- issued an important report that criti- other countries don’t appreciate the ible resource. However, after peaking cized NOAA’s scientific work on Atlan- need for conservation or international in 1989 at a record 100 million metric tic bluefin tuna. The report contained agreements the way that our fishermen tons, world fish landings now have a number of significant findings, but do, and they harvest highly migratory begun to decline. The current state of perhaps most significant was the pan- species in the Atlantic in a reckless the world’s fisheries has both environ- el’s finding that NOAA scientists had and unsustainable manner. mental and political implications. Last erroneously estimated Western Atlan- To give ICCAT conservation rec- year, the United Nations Food and Ag- tic bluefin population trends since 1988. ommendations greater force, Senator riculture Organization [FAO] esti- Rather than a continuing decline dur- BREAUX drafted an amendment which mated that 13 of 17 major ocean fishing that period, the NRC panel con- would have required the Secretary of eries may be in trouble. Competition cluded that the stock had remained Commerce to certify that ICCAT has among nations for dwindling resources stable. adopted an effective multilateral proc- has become all too familiar in many lo- Because the International Commis- ess providing for restrictive trade cations around the world. sion for the Conservation of Atlantic measures against countries that fail to The bill we are passing today will Tunas, to which the United States be- address reckless and damaging fishing strengthen international fisheries man- longs, relies heavily on NOAA’s bluefin practices by their citizens. If ICCAT agement. Among the provisions rein- science, the NRC peer review report failed to adopt such a process, the forcing U.S. commitments to conserve had a profound impact on Atlantic Breaux/Snowe amendment would have and manage global fisheries, are the bluefin management. Whereas ICCAT required the administration to initiate following: First, implementation of the and NOAA had been advocating a 40 bilateral consultations with problem FAO Agreement to Promote Compli- percent cut in the Western Atlantic nations. And in the event that con- ance with International Convention bluefin quota before the report was sultations proved unsuccessful and the and Management Measures by Fishing issued, ICCAT actually approved a country in question failed to address Vessels on the High Seas that would es- slight increase in the existing quota unsustainable fishing practices by its tablish a system regulating U.S. ves- after the report’s findings were pub- nationals, the amendment would have sels fishing on the high seas; second, lished. Tuna fishermen in New Eng- required the Secretary of the Treasury implementation of the Convention on land, where most of the commercial to impose a ban on the imports of cer- Future Multilateral Cooperation in the fishery for the species in the United tain fish and fish products from that Northwest Atlantic Fisheries that States exists, had long criticized the country. would provide for U.S. representation quality of NOAA’s bluefin science. The Unfortunately, due to jurisdictional in the Northwest Atlantic Fisheries Or- NRC report reinforced those criticisms. problems in the House that threatened ganization [NAFO] and coordination This episode points out the need for to derail this entire bill, it was decided between NAFO and appropriate Re- improved fisheries science in general, that the sanctions language in the gional Fishery Management Councils; and improved research on highly mi- original Breaux-Snowe amendment third, improved research and inter- gratory species like Atlantic bluefin would not be included in the sub- national cooperation with respect to tuna, in particular. One way that we stitute. We did, however, include lan- Atlantic bluefin tuna and other valu- can improve research on bluefin and guage similar to the other provisions of able highly migratory species; fourth, other highly migratory species is to en- the amendment which require the Sec- reimbursement of U.S. fishermen for il- sure that the scientists who conduct retary to identify problem nations, and legal transit fees charged by the Cana- stock assessments and monitoring pro- which authorize the President to ini- dian Government and for legal fees and grams are wholly familiar with the tiate consultations on conservation-re- costs incurred by the owners of vessels conditions of the primary fisheries for lated issues with the governments of that were seized by the Canadian Gov- the species. In the case of Atlantic these problem nations. I would have ernment in a jurisdictional dispute bluefin tuna, most of the scientific ac- preferred the original language, but that were necessary and related to se- tivity is conducted at NOAA’s South- this was the best that we could do curing the prompt release of the vessel; east Fisheries Science Center in without risking the entire bill. fifth, a ban on U.S. fishing activities in Miami, even though the overwhelming Let me state, Mr. President, that I do the central Sea of Okhotsk except majority of the commercial fishing ac- not think the issue of foreign compli- where such fishing is conducted in activity for the species takes place in the ance with ICCAT recommendations cordance with a fishery agreement to Northeast, and much of the data used ends here. I intend to continue moni- which both the United States and Rus- by scientists is collected from this fish- toring this issue, and if no more sia are parties; sixth, a prohibition on ery. progress is made, I think that the Com- U.S. participation in international Senator KERRY sponsored an amend- merce Committee should be prepared agreements on fisheries, marine re- ment, which I cosponsored, that re- to revisit it. We owe it to American sources, the use of the high seas, or quires NOAA to ensure that the per- fishermen who play by the rules, and to trade in fish or fish products which un- sonnel and resources of each regional our highly migratory fisheries re- dermine the United Nations morato- fisheries research center participate sources, to ensure that foreign coun- rium on large-scale driftnet fishing on

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9592 CONGRESSIONAL RECORD — SENATE June 30, 1995 the high seas; seventh, implementation There being no objection, the Senate picted in greater detail on a map entitled ‘‘Land of an interim agreement between the proceeded to consider the bill, which Exchange Actions, Proposed Anaktuvuk Pass United States and Canada for the con- had been reported from the Committee Land Exchange and Wilderness Redesignation, servation of salmon stocks originating on Energy and Natural Resources with Gates of the Arctic National Park and Pre- serve’’, Map No. 185/80,039, dated April 1994, from the Yukon River in Canada; an amendment to strike out all after and on file at the Alaska Regional Office of the eighth, permission for U.S. documented the enacting clause and inserting in National Park Service and the offices of Gates vessels to fish for tuna in waters of the lieu thereof the following: of the Arctic National Park and Preserve in South Pacific Tuna Act of 1988 Area; SECTION 1. SHORT TITLE. Fairbanks, Alaska. Written legal descriptions of and ninth, prohibition of a foreign allo- This Act may be cited as the ‘‘Anaktuvuk these lands shall be prepared and made avail- cation in any fishery within the United Pass Land Exchange and Wilderness Redesigna- able in the above offices. In case of any discrep- States exclusive economic zone unless tion Act of 1995’’. ancies, Map No. 185/80,039 shall be controlling. a fishery management plan is in place TITLE I—ANAKTUVUK PASS LAND EX- SEC. 103. NATIONAL PARK SYSTEM WILDERNESS. for the fishery and the appropriate re- CHANGE AND WILDERNESS REDESIGNA- (a) GATES OF THE ARCTIC WILDERNESS.— TION (1) REDESIGNATION.—Section 701(2) of the gional fishing council recommends the Alaska National Interest Lands Conservation SEC. 101. FINDINGS. allocation. Act (94 Stat. 2371, 2417) establishing the Gates of The Congress makes the following findings: This bill will make a substantial con- the Arctic Wilderness is hereby amended with (1) The Alaska National Interest Lands Con- tribution to U.S. leadership in the con- the addition of approximately 56,825 acres as servation Act (94 Stat. 2371), enacted on Decem- wilderness and the rescission of approximately servation and management of inter- ber 2, 1980, established Gates of the Arctic Na- 73,993 acres as wilderness, thus revising the national fisheries. I want to acknowl- tional Park and Preserve and Gates of the Arc- Gates of the Arctic Wilderness to approximately edge the leadership on this issue of the tic Wilderness. The village of Anaktuvuk Pass, 7,034,832 acres. chairman of the Oceans and Fisheries located in the highlands of the central Brooks (2) MAP.—The lands redesignated by para- Range, is virtually surrounded by these na- Subcommittee, my friend the senior graph (1) are depicted on a map entitled ‘‘Wil- tional park and wilderness lands and is the only Senator from Alaska. It has been a derness Actions, Proposed Anaktuvuk Pass Native village located within the boundary of a pleasure working with him. I also want Land Exchange and Wilderness Redesignation, National Park System unit in Alaska. to thank the committee’s distinguished Gates of the Arctic National Park and Pre- (2) Unlike most other Alaskan Native commu- ranking member, Senator HOLLINGS, serve’’, Map No. 185/80,040, dated April 1994, nities, the village of Anaktuvuk Pass is not lo- and on file at the Alaska Regional Office of the for his support on this bill. I also would cated on a major river, lake, or coastline that National Park Service and the office of Gates of like to recognize the staffs of the Com- can be used as a means of access. The residents the Arctic National Park and Preserve in Fair- merce Committee for their diligence of Anaktuvuk Pass have relied increasingly on banks, Alaska. and their truly bipartisan efforts to snow machines in winter and all-terrain vehi- (b) NOATAK NATIONAL PRESERVE.—Section bring this bill to the floor, specifically cles in summer as their primary means of access 201(8)(a) of the Alaska National Interest Land Penny Dalton and Lila Helms from the to pursue caribou and other subsistence re- Conservation Act (94 Stat. 2380) is amended by— Democratic Staff and Tom Melius and sources. (1) striking ‘‘approximately six million four Trevor Maccabe on the Republican (3) In a 1983 land exchange agreement, linear hundred and sixty thousand acres’’ and insert- easements were reserved by the Inupiat Eskimo side. ing in lieu thereof ‘‘approximately 6,477,168 people for use of all-terrain vehicles across cer- acres’’; and Mr. DOLE. I ask unanimous consent tain national park lands, mostly along stream the substitute amendment be agreed (2) inserting ‘‘and the map entitled ‘Noatak and river banks. These linear easements proved National Preserve and Noatak Wilderness Addi- to, the bill be deemed read a third unsatisfactory, because they provided inad- tion’ dated September 1994’’ after ‘‘July 1980’’. time; further that the Commerce Com- equate access to subsistence resources while (c) NOATAK WILDERNESS.—Section 701(7) of mittee be immediately discharged from causing excessive environmental impact from the Alaska National Interest Lands Conserva- further consideration of H.R. 716 and concentrated use. tion Act (94 Stat. 2417) is amended by striking the Senate proceed to its immediate (4) The National Park Service and the ‘‘approximately five million eight hundred thou- consideration, that all after the enact- Nunamiut Corporation initiated discussions in sand acres’’ and inserting in lieu thereof ‘‘ap- 1985 to address concerns over the use of all-ter- proximately 5,817,168 acres’’. ing clause be stricken and the text of rain vehicles on park and wilderness land. S. 267, as amended, be inserted in lieu SEC. 104. CONFORMANCE WITH OTHER LAW. These discussions resulted in an agreement, (a) ALASKA NATIVE CLAIMS SETTLEMENT thereof, further that H.R. 716 be consid- originally executed in 1992 and thereafter ACT.—All of the lands, or interests therein, con- ered read a third time, passed as amended in 1993 and 1994, among the National veyed to and received by Arctic Slope Regional amended, the motion to reconsider be Park Service, Nunamiut Corporation, the City of Corporation or Nunamiut Corporation pursuant laid upon the table, and any state- Anaktuvuk Pass, and Arctic Slope Regional to the Agreement shall be deemed conveyed and ments related to the bill appear at ap- Corporation. Full effectuation of this agree- received pursuant to exchanges under section ment, as amended, by its terms requires ratifica- propriate place in the RECORD. 22(f) of the Alaska Native Claims Settlement The PRESIDING OFFICER. Without tion by the Congress. Act, as amended (43 U.S.C. 1601, 1621(f)). All of objection, it is so ordered. SEC. 102. RATIFICATION OF AGREEMENT. the lands or interests in lands conveyed pursu- The bill (H.R. 716), as amended, was (a) RATIFICATION.— ant to the Agreement shall be conveyed subject (1) IN GENERAL.—The terms, conditions, proce- considered read the third time and to valid existing rights. dures, covenants, reservations and other provi- (b) ALASKA NATIONAL INTEREST LANDS CON- passed. sions set forth in the document entitled ‘‘Dona- SERVATION ACT.—Except to the extent specifi- Mr. DOLE. Mr. President, I now ask tion, Exchange of Lands and Interests in Lands cally set forth in this Act or the Agreement, unanimous consent S. 267 be placed and Wilderness Redesignation Agreement nothing in this Act or in the Agreement shall be back on the calendar. Among Arctic Slope Regional Corporation, construed to enlarge or diminish the rights, The PRESIDING OFFICER. Without Nunamiut Corporation, City of Anaktuvuk Pass privileges, or obligations of any person, includ- objection, it is so ordered. and the United States of America’’ (hereinafter ing specifically the preference for subsistence referred to in this Act as ‘‘the Agreement’’), exe- uses and access to subsistence resources pro- f cuted by the parties on December 17, 1992, as vided under the Alaska National Interest Lands ANAKTUVUK PASS LAND EX- amended, are hereby incorporated in this Act, Conservation Act (16 U.S.C. 3101 et seq.). CHANGE AND WILDERNESS RE- are ratified and confirmed, and set forth the ob- TITLE II—ALASKA PENINSULA DESIGNATION ACT ligations and commitments of the United States, SUBSURFACE CONSOLIDATION Arctic Slope Regional Corporation, Nunamiut SEC. 201. DEFINITIONS. Mr. DOLE. Mr. President, I ask unan- Corporation and the City of Anaktuvuk Pass, as imous consent the Senate proceed to As used in this Act: a matter of Federal law. (1) AGENCY.—The term agency— the immediate consideration of cal- (2) LAND ACQUISITION.—Lands acquired by the (A) means— endar 67, H.R. 400. United States pursuant to the Agreement shall (i) any instrumentality of the United States; The PRESIDING OFFICER. The be administered by the Secretary of the Interior and clerk will report. (hereinafter referred to as the ‘‘Secretary’’) as (ii) any Government corporation (as defined The legislative clerk read as follows: part of Gates of the Arctic National Park and in section 9101(1) of title 31, United States A bill (H.R. 400) to provide for the ex- Preserve, subject to the laws and regulations ap- Code); and change of lands within Gates of the Arctic plicable thereto. (B) includes any element of an agency. (b) MAPS.—The maps set forth as Exhibits C1, (2) ALASKA NATIVE CORPORATION.—The term National Park and Preserve. C2, and D through I to the Agreement depict the ‘‘Alaska Native Corporation’’ has the same The PRESIDING OFFICER. Is there lands subject to the conveyances, retention of meaning as is provided for ‘‘Native Corpora- objection to the immediate consider- surface access rights, access easements and all- tion’’ in section 3(m) of the Alaska Native ation of the bill? terrain vehicle easements. These lands are de- Claims Settlement Act (43 U.S.C. 1602(m)).

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 0624 Sfmt 6333 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9593

(3) KONIAG.—The term ‘‘Koniag’’ means of the appraisal report under paragraph (2)(C), (iii) ADJUSTMENT OF BALANCE.—The Secretary Koniag, Incorporated, which is a Regional Cor- the Secretary shall determine the value of the of the Treasury shall adjust the balance of the poration. selection rights and shall notify Koniag of the Koniag Account to reflect each transaction (4) KONIAG ACCOUNT.—The term ‘‘Koniag Ac- determination. under clause (i). count’’ means the account established under (B) ALTERNATIVE DETERMINATION OF VALUE.— (4) SPECIAL PROCEDURES.—The Secretary of section 4. (i) IN GENERAL.—Subject to clause (ii), if the Treasury, in consultation with the Sec- (5) PROPERTY.—The term ‘‘property’’ has the Koniag does not agree with the value deter- retary, shall establish procedures to permit the same meaning as is provided in section mined by the Secretary under subparagraph (A), Koniag Account to— 12(b)(7)(vii) of Public Law 94–204 (43 U.S.C. 1611 the procedures specified in section 206(d) of the (A) receive deposits; note). Federal Land Policy and Management Act of (B) make deposits into escrow when an escrow (6) REGIONAL CORPORATION.—The term ‘‘Re- 1976 (43 U.S.C. 1716(d)) shall be used to establish is required for the sale of any property; and gional Corporation’’ has the same meaning as is the value. (C) reinstate to the Koniag Account any un- provided in section 3(g) of the Alaska Native (ii) AVERAGE VALUE LIMITATION.—The average used escrow deposits if a sale is not con- Claims Settlement Act (43 U.S.C. 1602(g)). value per acre of the selection rights shall not be summated. (7) SECRETARY.—Except as otherwise pro- more than $300. (c) TREATMENT OF AMOUNTS FROM AC- vided, the term ‘‘Secretary’’ means the Secretary SEC. 203. KONIAG ACCOUNT. COUNT.—The Secretary of the Treasury shall— of the Interior. (a) IN GENERAL.— (1) deem as a cash payment any amount ten- (8) SELECTION RIGHTS.—The term ‘‘selection (1) The Secretary shall enter into negotiations dered from the Koniag Account and received by rights’’ means those rights granted to Koniag, for an agreement or agreements to exchange an agency as a proceed from a public sale of pursuant to subsections (a) and (b) of section 12, Federal lands or interests therein which are in property; and and section 14(h)(8), of the Alaska Native the State of Alaska for the Koniag Selection (2) make any transfer necessary to permit the Claims Settlement Act (43 U.S.C. 1611 and Rights referred to in section 202. agency to use the proceed in the event an agen- 1613(h)(8)), to receive title to the oil and gas (2) If the value of the Federal lands to be ex- cy is authorized by law to use the proceed for a rights and other interests in the subsurface es- changed is less than the value of the Koniag Se- specific purpose. tate of the approximately 275,000 acres of public lection Rights established in section 202, then (d) REQUIREMENT FOR THE ADMINISTRATION lands in the State of Alaska identified as the Secretary may exchange the Federal lands OF SALES.— ‘‘Koniag Selections’’ on the map entitled for an equivalent portion of the Koniag Selec- (1) IN GENERAL.—Subject to paragraph (2), the ‘‘Koniag Interest Lands, Alaska Peninsula’’, tion Rights. The remaining selection rights shall Secretary of the Treasury and the heads of dated May 1989. remain available for additional exchanges. agencies shall administer sales described in sub- SEC. 202. ACQUISITION OF KONIAG SELECTION (3) For purposes of this section, the term section (a)(3)(C) in the same manner as is pro- RIGHTS. ‘‘Federal lands’’ means lands or interests there- vided for any other Alaska Native Corporation (a) The Secretary shall determine, pursuant to in located in Alaska, administered by the Sec- that— subsection (b) hereof, the value of Selection retary and the title to which is in the United (A) is authorized by law as of the date of en- Rights which Koniag possesses within the States but excluding all lands and interests actment of this Act; and boundaries of Aniakchak National Monument therein which are located within a conservation (B) has an account similar to the Koniag Ac- and Preserve, Alaska Peninsula National Wild- system unit as defined in the Alaska National count for bidding on and purchasing property life Refuge, and Becharof National Wildlife Ref- Interest Lands Conservation Act section 102(4). sold for public sale. uge. (b) ACCOUNT.— (2) PROHIBITION.—Amounts in an account es- (b) VALUE.— (1) IN GENERAL.—With respect to any Koniag tablished for the benefit of a specific Alaska Na- (1) IN GENERAL.—The value of the selection Selection Rights for which an exchange has not tive Corporation may not be used to satisfy the rights shall be equal to the fair market value been completed by October 1, 2004 (hereafter in property purchase obligations of any other Alas- of— this section referred to as ‘‘remaining selection kan Native Corporation. (A) the oil and gas interests in the lands or in- rights’’), the Secretary of the Treasury, in con- (e) REVENUES.—The Koniag Account shall be terests in lands that are the subject of the selec- sultation with the Secretary, shall, notwith- deemed to be an interest in the subsurface for tion rights; and standing any other provision of law, establish in purposes of section 7(i) of the Alaska Native (B) in the case of the lands or interests in the Treasury of the United States, an account to Claims Settlement Act (43 U.S.C. 1601 et seq.). lands for which Koniag is to receive the entire be known as the Koniag Account. Upon the re- SEC. 204. CERTAIN CONVEYANCES. subsurface estate, the subsurface estate of the linquishment of the remaining selection rights to (a) INTERESTS IN LAND.—For the purpose of lands or interests in lands that are the subject the United States, the Secretary shall credit the section 21(c) of the Alaska Native Claims Settle- of the selection rights. Koniag Account in the amount of the appraised ment Act (43 U.S.C. 1620(c)), the following shall (2) APPRAISAL.— value of the remaining selection rights. be deemed to be an interest in land: (A) SELECTION OF APPRAISER.— (2) INITIAL BALANCE.—The initial balance of (1) The establishment of the Koniag Account (i) IN GENERAL.—Not later than 90 days after the Koniag Account shall be equal to the value and the right of Koniag to request the Secretary the date of enactment of this Act, the Secretary of the selection rights as determined pursuant to of the Treasury to withdraw funds from the and Koniag shall meet to select a qualified ap- section 3(b). Koniag Account. praiser to conduct an appraisal of the selection (3) USE OF ACCOUNT.— (2) The receipt by a Settlement Trust (as de- rights. Subject to clause (ii), the appraiser shall (A) IN GENERAL.—Amounts in the Koniag Ac- fined in section 3(t) of such Act (43 U.S.C. be selected by the mutual agreement of the Sec- count shall— 1602(t)) of a conveyance by Koniag of any right retary and Koniag. (i) be made available by the Secretary of the in the Koniag Account. (ii) FAILURE TO AGREE.—If the Secretary and Treasury to Koniag for bidding on and pur- (b) AUTHORITY TO APPOINT TRUSTEES.—In es- Koniag fail to agree on an appraiser by the date chasing property sold at public sale, subject to tablishing a Settlement Trust under section 39 of that is 60 days after the date of the initial meet- the conditions described in this paragraph; and such Act (43 U.S.C. 1629e), Koniag may delegate ing referred to in clause (i), the Secretary and (ii) remain available until expended. the authority granted to Koniag under sub- Koniag shall, by the date that is not later than (B) ASSIGNMENT.— section (b)(2) of such section to any entity that 90 days after the date of the initial meeting, (i) IN GENERAL.—Subject to clause (ii) and Koniag may select without affecting the status each designate an appraiser who is qualified to notwithstanding any other provision of law, the of the Settlement Trust under this section. perform the appraisal. The 2 appraisers so iden- right to request the Secretary of the Treasury to AMENDMENT NO. 1489 tified shall select a third qualified appraiser withdraw funds from the Koniag Account shall who shall perform the appraisal. be assignable in whole or in part by Koniag. (Purpose: To amend title II of the committee (B) STANDARDS AND METHODOLOGY.—The ap- (ii) NOTICE OF ASSIGNMENT.—No assignment amendment) praisal shall— shall be recognized by the Secretary of the Mr. DOLE. Mr. President, I send an (i) be conducted in conformity with the stand- Treasury until Koniag files written notice of the amendment to the desk on behalf of ards of the Appraisal Foundation (as defined in assignment with the Secretary of the Treasury Senator MURKOWSKI and ask for its im- section 1121(9) of the Financial Institutions Re- and the Secretary. mediate consideration. form, Recovery, and Enforcement Act of 1989 (12 (C) BIDDING AND PURCHASING.— The PRESIDING OFFICER. The U.S.C. 3350(9)); and (i) IN GENERAL.—Koniag may use the Koniag (ii) utilize risk adjusted discounted cash flow Account to— clerk will report. methodology. (I) bid, in the same manner as any other bid- The legislative clerk read as follows: (C) SUBMISSION OF APPRAISAL REPORT.—Not der, for any property at any public sale by an The Senator from Kansas [Mr. DOLE], for later than 180 days after the selection of an ap- agency; and Mr. MURKOWSKI, proposes an amendment praiser pursuant to subparagraph (A), the ap- (II) purchase the property in accordance with numbered 1489. praiser shall submit to the Secretary and to applicable laws, including the regulations of the Mr. DOLE. Mr. President, I ask unan- Koniag a written appraisal report specifying the agency offering the property for sale. imous consent that reading of the value of the selection rights and the method- (ii) REQUIREMENTS FOR AGENCIES.—In con- ology used to arrive at the value. ducting a transaction described in clause (i), an amendment be dispensed with. (3) DETERMINATION OF VALUE.— agency shall accept, in the same manner as The PRESIDING OFFICER. Without (A) DETERMINATION BY THE SECRETARY.—Not cash, an amount tendered from the Koniag Ac- objection, it is so ordered. later than 60 days after the date of the receipt count. The amendment is as follows:

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9594 CONGRESSIONAL RECORD — SENATE June 30, 1995 On page 12 of the reported measure, begin- of the selection rights. Subject to clause (ii), jurisdiction of the Secretary under any pro- ning on line 13, delete all of Title II and in- the appraiser shall be selected by the mutual vision of law and which property, at the time sert in lieu thereof the following: agreement of the Secretary and Koniag. of the proposed transfer to Koniag is not TITLE II—ALASKA PENINSULA (ii) FAILURE TO AGREE.—If the Secretary generating receipts to the federal govern- SUBSURFACE CONSOLIDATION and Koniag fail to agree on an appraiser by ment in excess of one million dollars per the date that is 60 days after the date of the year. The Secretary shall keep Koniag ad- SEC. 201. DEFINITIONS. initial meeting referred to in clause (i), the vised in a timely manner as to which prop- As used in this Act: Secretary and Koniag shall, by the date that erties may be available for such transfer. (1) AGENCY.—The term agency— is not later than 90 days after the date of the Upon receipt of such identification by (A) means— initial meeting, each designate an appraiser Koniag, the Secretary shall request in a (i) any instrumentality of the United who is qualified to perform the appraisal. timely manner the transfer of such identified States; and The 2 appraisers so identified shall select a property to the administrative jurisdiction (ii) any Government corporation (as de- third qualified appraiser who shall perform of the Department of the Interior. Such fined in section 9101(1) of title 31 United the appraisal. property shall not be subject to the geo- States Code); and (B) includes any element of an agency. (B) STANDARDS AND METHODOLOGY.—The graphic limitations of section 206(b) of the appraisal shall be conducted in conformity Federal Land Policy and Management Act (2) ALASKA NATIVE CORPORATION.—The term ‘‘Alaska Native Corporation’’ has the same with the standards of the Appraisal Founda- and may be retained by the Secretary solely meaning as is provided for ‘‘Native Corpora- tion (as defined in section 1121(9) of the Fi- for the purposes of transferring it to Koniag tion’’ in section 3(m) of the Alaska Native nancial Institutions Reform, Recovery, and to complete the exchange. Should the value Claims Settlement Act (43 U.S.C. 1602(m)). Enforcement Act of 1989 (12 U.S.C. 3350(9)). of the property so identified by Koniag be in (C) SUBMISSION OF APPRAISAL REPORT.—Not excess of the value of the remaining selec- (3) FEDERAL LANDS OR INTEREST THEREIN— The term ‘‘Federal lands or interests there- later than 180 days after the selection of an tion rights, then Koniag shall have the opin’’ means any lands or properties owned by appraiser pursuant to subparagraph (A), the tion of (i) declining to proceed with the ex- the United States (i) which are administered appraiser shall submit to the Secretary and change and identifying other property or (ii) by the Secretary, or (ii) which are subject to to Koniag a written appraisal report speci- paying the difference in value between the a lease to third parties, or (iii) which have fying the value of the selection rights and property rights. been made available to the Secretary for ex- the methodology used to arrive at the value. (c) REVENUES.—Any property received by change under this section through the con- (3) DETERMINATION OF VALUE.— Koniag in an exchange entered into pursuant currence of the director of the agency admin- (A) DETERMINATION BY THE SECRETARY.— to subsection (a) or (b) of this section shall istering such lands or properties; provided, Not later than 60 days after the date of the be deemed to be an interest in the subsurface however, excluded from such lands shall be receipt of the appraisal report under para- for purposes of section 7(i) of the Alaska Na- those lands which are within an existing con- graph (2)(C), the Secretary shall determine tive Claims Settlement Act (43 U.S.C. 1601, et servation system unit as defined in section the value of the selection rights and shall seq.); provided, however, should Koniag make 102(4) of the Alaska National Interest Lands notify Koniag of the determination. a payment to equalize the value in any such Conservation Act (16 U.S.C. 3102(4)), and (B) ALTERNATIVE DETERMINATION OF exchange, then Koniag will be deemed to those lands the mineral interest for which VALUE.— hold an undivided interest in the property are currently under mineral lease. (i) IN GENERAL.—Subject to clause (ii), if equal in value to such payment which inter- (4) KONIAG.—The term ‘‘Koniag’’ means Koniag does not agree with the value deter- est shall not be subject to the provisions of Koniag, Incorporated, which is a Regional mined by the Secretary under subparagraph section 9(j). Corporation. (A), the procedures specified in section 206(d) SEC. 206. CERTAIN CONVEYANCES. (5) REGIONAL CORPORATION.—The term ‘‘Re- of the Federal Land Policy and Management (a) INTERESTS IN LAND.—For the purposes gional Corporation’’ has the same meaning Act of 1976 (43 U.S.C. 1716(d)) shall be used to of section 21(c) of the Alaska Native Claims as is provided in section 3(g) of the Alaska establish the value. Settlement Act (43 U.S.C. 1620(e)), the re- Native Claims Settlement Act (43 U.S.C. (ii) AVERAGE VALUE LIMITATION.—The aver- ceipt of consideration, including, but not 1602(g)). age value per acre of the selection rights limited to, lands, cash or other property, by (6) SECRETARY.—Except as otherwise pro- shall not be less than the value utilizing the a Native Corporation for the relinquishment vided, the term ‘‘Secretary’’ means the Sec- risk adjusted discount cash flow method- to the United States of land selection rights retary of the Interior. ology, but in no event may exceed $300. granted to any Native Corporation under (7) SELECTION RIGHTS.—The term ‘‘selection SEC. 203. KONIAG EXCHANGE. such Act shall be deemed to be an interest in rights’’ means those rights granted to (a) IN GENERAL.— land. Koniag, pursuant to subsections (a) and (b) (1) The Secretary shall enter into negotia- (b) AUTHORITY TO APPOINT AND REMOVE of section 12, and section 14(h)(8), of the tions for an agreement or agreements to ex- TRUSTEE.—In establishing a Settlement Alaska Native Claims Settlement Act (43 change Federal lands or interests therein Trust under section 39 of such Act (43 U.S.C. U.S.C. 1611 and 1613(h)(8)), to receive title to which are in the State of Alaska for the se- 1629c), Koniag may delegate, in whole or the oil and gas rights and other interests in lection rights. part, the authority granted to Koniag under the subsurface estate of the approximately (2) if the value of the federal property to be subsection (b)(2) of such section to any enti- 275,000 acres of public lands in the State of exchanged is less than the value of the selec- ty that Koniag may select without affecting Alaska identified as ‘‘Koniag Selections’’ on tion rights established in Section 202, and if the status of the trust as a Settlement Trust the map entitled ‘‘Koniag Interest Lands, such federal property to be exchanged is not under such section. Alaska Peninsula,’’ dated May 1989. generating receipts to the federal govern- TITLE III—STERLING FOREST SEC. 202. VALUATION OF KONIAG SELECTION ment in excess of one million dollars per SECTION 301. SHORT TITLE. RIGHTS. year, than the Secretary may exchange the (a) Pursuant to the provisions of sub- federal property for that portion of the selec- This title may be cited as the ‘‘Sterling section (b) hereof, the Secretary shall value tion rights having a value equal to that of Forest Protection Act of 1995’’. the selection rights which Koniag possesses the federal property. The remaining selec- SEC. 302. FINDINGS. within the boundaries of Aniakchak Na- tion rights shall remain available for addi- The Congress finds that— tional Monument and Preserve, Alaska Pe- tional exchanges. (1) the Palisades Interstate Park Commis- ninsula National Wildlife Refuge, and (3) For the purposes of any exchange to be sion was established pursuant to a joint reso- Becharof National Wildlife Refuge. consummated under this Title II, if less than lution of the 75th Congress approved in 1937 (b) VALUE.— all of the selection rights are being ex- (Public Resolution No. 65; ch. 706; 50 Stat. (1) IN GENERAL.—The value of the selection changed, then the value of the selection 719), and chapter 170 of the Laws of 1937 of rights shall be equal to the fair market value rights being exchanged shall be equal to the the State of New York and chapter 148 of the of— number of acres of selection rights being ex- Laws of 1937 of the State of New Jersey; (A) the oil and gas interests in the lands or changed multiplied by a fraction, the numer- (2) the Palisades Interstate Park Commis- interests in lands that are the subject of the ator of which is the value of all the selection sion is responsible for the management of 23 selection rights; and rights as determined pursuant to Section 202 parks and historic sites in New York and (B) in the case of the lands or interests in hereof and the denominator of which is the New Jersey, comprising over 82,000 acres; lands for which Koniag is to receive the en- total number of acres of selection rights. (3) over 8,000,000 visitors annually seek out- tire subsurface estate, the subsurface estate (2) ADDITIONAL EXCHANGES.—If, after ten door recreational opportunities within the of the lands or interests in lands that are the years from the date of enactment of this Act, Palisades Park System; subject of the selection rights. the Secretary has been unable to conclude (4) Sterling forest is a biologically diverse (2) APPRAISAL.— such exchanges as may be required to ac- open space on the New Jersey border com- (A) SELECTION OF APPRAISER.— quire all of the selection rights, he shall con- prising approximately 17,500 acres, and is a (i) IN GENERAL.—Not later than 90 days clude exchanges for the remaining selection highly significant watershed area for the after the date of enactment of this Act, the rights for such federal property as may be State of New Jersey, providing the source for Secretary and Koniag shall meet to select a identified by Koniag, which property is clean drinking water for 25 percent of the qualified appraiser to conduct an appraisal available for transfer to the administrative State;

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — SENATE S9595 (5) Sterling Forest is an important outdoor on file and available for public inspection in lands and interests in land within the Re- recreational asset in the northeastern the offices of the Commission and the appro- serve. United States, within the most densely popu- priate offices of the National Park Service. Mr. DOLE. Mr. President, I ask unan- lated metropolitan region in the Nation; (c) TRANSFER OF FUNDS.—Subject to sub- imous consent the amendment be con- (6) Sterling forest supports a mixture of jection (d), the Secretary shall transfer to hardwood forests, wetlands, lakes, glaciated the Commission such funds as are appro- sidered agreed to, the substitute as valleys, is strategically located on a wildlife priated for the acquisition of lands and inter- amended be agreed to, the bill as migratory route, and provides important ests therein within the Reserve. amended be considered read a third habitat for 27 rare or endangered species; (d) CONDITIONS OF FUNDING.— time and passed, the motion to recon- (7) the protection of Sterling Forest would (1) AGREEMENT BY THE COMMISSION.—Prior sider be laid upon the table, and any greatly enhance the Appalachian National to the receipt of any Federal funds author- statements relating to the bill appear Scenic Trail, a portion of which passes ized by this Act, the Commission shall agree at the appropriate place in the RECORD. to the following: through Sterling Forest, and would provide The PRESIDING OFFICER. Without for enhanced recreational opportunities (A) CONVEYANCE OF LANDS IN EVENT OF through the protection of lands which are an FAILURE TO MANAGE.—If the Commission fails objection, it is so ordered. integral element of the trail and which to manage the lands acquired within the Re- The bill (H.R. 400), as amended, was would protect important trail viewsheds; serve in a manner that is consistent with considered read the third time and (8) stewardship and management costs for this title the Commission shall convey fee passed. title to such lands to the United States, and units of the Palisades Park System are paid f for by the States of New York and New Jer- the agreement stated in this subparagraph sey; thus, the protection of Sterling Forest shall be recorded at the time of purchase of ORDERS FOR MONDAY, JULY 10, through the Palisades Interstate Park Com- all lands acquired within the Reserve. 1995 (B) CONSENT OF OWNERS.—No lands or inter- mission will involve a minimum of Federal Mr. DOLE. Mr. President, I ask unan- funds; est in land may be acquired with any Federal (9) given the nationally significant water- funds authorized or transferred pursuant to imous consent when the Senate recon- shed, outdoor recreational, and wildlife this title except with the consent of the venes on Monday, July 10, that fol- qualities of Sterling Forest, the demand for owner of the land or interest in land. lowing the prayer, the Journal of pro- open space in the northeastern United (C) INABILITY TO ACQUIRE LANDS.—If the ceedings be deemed approved to date, States, and the lack of open space in the Commission is unable to acquire all of the no resolutions come over under the densely populated tri-state region, there is a lands within the Reserve, to the extent Fed- rule, the call of the calendar be dis- clear Federal interest in acquiring the Ster- eral funds are utilized pursuant to this title pensed with, the morning hour be the Commission shall acquire all or a portion ling forest for permanent protection of the deemed to have expired, time for the watershed, outdoor recreational resources, of the lands identified as ‘‘National Park flora and fauna, and open space; and Service Wilderness Easement Lands’’ and two leaders be reserved for their use (10) such an acquisition would represent a ‘‘National Park Service Conservation Ease- later in the day; there then be a period cost effective investment, as compared with ment Lands’’ on the map described in section for the transaction of morning business the costs that would be incurred to protect 305(b) before proceeding with the acquisition not to extend beyond the hour of 1 p.m, drinking water for the region should the of any other lands within the Reserve. with Senators permitted to speak for Sterling Forest be developed. (D) CONVEYANCE OF EASEMENT.—Within 30 up to 5 minutes each; further, at the SEC. 303. PURPOSES. days after acquiring any of the lands identi- hour of 1 p.m, the Senate resume con- The purposes of this Title are— fied as ‘‘National Park Service Wilderness Easement Lands’’ 29 and ‘‘National Park sideration of S. 343, the regulatory re- (1) to establish the Sterling Forest Reserve form bill. in the State of New York to protect the sig- Service Conservation Easement Lands’’ on nificant watershed, wildlife, and recreational the map described in section 305(b), the Com- The PRESIDING OFFICER. Without resources within the New York-New Jersey mission shall convey to the United States— objection, it is so ordered. highlands region; (i) conservation easements on the lands de- f (2) to authorize Federal funding, through scribed as ‘‘National Park Service Wilder- the Department of the Interior, for a portion ness Easement Lands’’ on the map described PROGRAM of the acquisition costs for the Sterling For- in section 305(b), which easements shall pro- Mr. DOLE. Mr. President, for the in- est Reserve; vide that the lands shall be managed to pro- formation of all Senators, at 1 p.m., (3) to direct the Palisades Interstate Park tect their wilderness character; and (ii) conservation easements on the lands Senator ABRAHAM will be recognized to Commission to convey to the Secretary of offer an amendment to be followed by the Interior certain interests in lands ac- described as ‘‘National Park Service Con- quired within the Reserve; and servation Easement Lands’’ on the max dean amendment to be offered by Sen- (4) to provide for the management of the scribed in section 305(b), which easements ators NUNN and COVERDELL. Votes on Sterling Forest Reserve by the Palisades shall restrict and limit development and use these two amendments will occur at Interstate Park Commission. of the property to that development and use 5:15 under a previous order. that is— SEC. 304 DEFINITIONS. Senators should also be on notice (I) compatible with the protection of the In this Title. Appalachian National Scenic Trail; and that further votes can be expected (1) COMMISSION.—The term ‘‘Commission’’ (II) consistent with the general manage- under the pending regulatory reform means the Palisades Interstate Park Com- ment plan prepared pursuant to section bill. mission established pursuant to Public Reso- 305(b). The PRESIDING OFFICER. Without lution No. 65 approved August 19, 1937 (ch. (2) MATCHING FUNDS.—Funds may be trans- objection, it is so ordered. 707; 50 Stat. 719). ferred to the Commission only to the extent (2) RESERVE.The term ‘‘Reserve’’ means f that they are matched from funds contrib- the Sterling Forest Reserve. uted by non-Federal sources. THE RESCISSIONS PACKAGE (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. SEC. 306. MANAGEMENT OF THE RESERVE. Mr. DOLE. Mr. President, with re- SEC. 305. ESTABLISHMENT OF THE STERLING (a) IN GENERAL.—The Commission shall spect to the rescissions package, I re- FOREST RESERVE. manage the lands acquired within the Re- gret we were unable to pass that, were (A) ESTABLISHMENT.—Upon the certifi- serve in a manner that is consistent with the unable to complete action on the re- cation by the Commission to the Secretary Commission’s authorities and with the pur- scissions package because it was some- poses of this title. that the Commission has acquired sufficient thing that had broad support on both lands or interests therein to constitute a (b) GENERAL MANAGEMENT PLAN.—Within 3 manageable unit, there is established the years after the date of enactment of this sides of the aisle, support by the Presi- Sterling Forest Reserve in the State of New title, the Commission shall prepare a general dent. York. management plan for the Reserve and sub- The President very much wanted to (b) MAP.— mit the plan to the Secretary for approval. have it done before this Fourth of July (1) COMPOSITION.—The Reserve shall con- SEC. 307. AUTHORIZATION OF APPROPRIATIONS. recess. As I indicated earlier, the Sen- sist of lands and interests therein acquired (a) IN GENERAL.—There are authorized to ator from Minnesota, Senator by the Commission with the approximately be appropriated such sums as are necessary WELLSTONE, and the Senator from Illi- 17,500 acres of lands as generally depicted on to carry out this title, to remain available nois, Senator CAROL MOSELEY-BRAUN, the map entitled ‘‘Boundary Map, Sterling until expended. Forest Reserve’’, numbered SFR–60,001 and (b) LAND ACQUISITION.—Of amounts appro- were within their rights to block ac- dated July 1, 1994. priated pursuant to subsection (a), the Sec- tion on the bill. (2) AVAILABILITY FOR PUBLIC INSPECTION.— retary may transfer to the Commission not But I must say, as I listened to their The map described in paragraph (1) shall be more than $17,500,000 for the acquisition of statements in which they wished they

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9596 CONGRESSIONAL RECORD — SENATE June 30, 1995 could have offered their amendments, parting for the recess, I wanted the op- For at the end of the day, we cannot they had about 3 hours to offer amend- portunity to set the record straight. fail. We must not break faith with the ments and used all that time and just Notwithstanding the efforts of some American people who sent us a clear had a discussion of the amendments to drive us apart, Republicans are com- message last fall—end welfare as we and what was wrong with the bill. mitted to truly ending welfare as we know it once and for all, require real And I am not certain when the rescis- know it. We are not unmindful of the work, and make it a temporary helping sions package will be back for a vote. struggles faced by many in this coun- hand, not a lifestyle. try who need a hand up some time in Unless there is an agreement on that f side of the aisle I will not bring it back their lives, or of children who through up on the Senate floor. As soon as the no fault of their own need the helping ADJOURNMENT UNTIL MONDAY, President can persuade my Democratic hand of the Government. But, Mr. JULY 10, 1995 colleagues that this bill is necessary, it President, we are also not convinced Mr. DOLE. Mr. President, if there is is important, and it ought to be passed, that the Federal Government holds all no further business to come before the the answers to the very real problems and I do not see any reason to take any Senate, I ask unanimous consent that these people face. In fact, the real further time of other Senators because the Senate now stand in adjournment story is that notwithstanding the bil- we have a lot of important legislation. under the provisions of Senate Concur- lions of dollars that have been spent But keep in mind, again this bill rent Resolution 20. over the last decade, the welfare rolls which was blocked contains money for There being no objection, the Senate, have continued to grow and the num- the Oklahoma City disaster, it con- at 3:58 p.m., adjourned until Monday, ber of children at risk has increased. tains money for California earth- July 10, 1995, at 12 noon. quakes, it contains money for 39, I We have all decried these problems and think 39, States which suffered disas- have responded by adding to the list of f ters, including the States of Illinois, the things that the States must do. NOMINATIONS and maybe Minnesota. I am not cer- Well, the time has come to listen to the States for a change and give them Executive nominations received by tain. the Senate June 29, 1995: So, while the Senators have every a chance to devise some solutions that right to make their point about certain fit their needs. DEPARTMENT OF THE INTERIOR The issues that divide us are not in- programs they do not agree with, this JOHN RAYMOND GARAMENDI, OF CALIFORNIA, TO BE surmountable nor are they easily re- DEPUTY SECRETARY OF THE INTERIOR, VICE FRANK A. rescissions package had been the sub- BRACKEN, RESIGNED. solved. But the extraordinary thing is ject of long discussions, long debate, that the debate is not over whether we THE JUDICIARY and even after it passed the Senate and want block grants—it is how best to R. GUY COLE, JR., OF OHIO, TO BE U.S. CIRCUIT JUDGE the House, was vetoed by the Presi- FOR THE SIXTH CIRCUIT, VICE NATHANIEL R. JONES, RE- design them. Our differences are over dent; more debate, more discussion by TIRED. how to distribute the funds and how the White House and Democrats and f much flexibility to give the States in Republicans on each side of the aisle. the design of these programs. NOMINATIONS So I hope when we come back we will The funding issue is a real one and of have an agreement that we can take it Executive nominations received by critical importance to all States. There the Senate June 30, 1995: up immediately, and have an up-or- are States that will experience real down vote on the bill itself without population growth that are concerned IN THE DEPARTMENT OF DEFENSE amendments. they will be disadvantaged in this new THE FOLLOWING-NAMED OFFICER UNDER THE PROVI- I would say again there was certainly SIONS OF TITLE 10. UNITED STATES CODE, SECTION 152, block grant environment. There are FOR REAPPOINTMENT AS CHAIRMAN OF THE JOINT every opportunity by either the Sen- also States that in the past have com- CHIEFS OF STAFF AND REAPPOINTMENT TO THE GRADE ator from Illinois or the Senator from OF GENERAL WHILE SERVING IN THAT POSITION UNDER mitted considerable State resources to THE PROVISIONS OF TITLE 10, UNITED STATES CODE. Minnesota to offer all the amendments the program that feel their past con- CHAIRMAN OF THE JOINT CHIEFS OF STAFF they wanted to offer today. They re- tributions should be acknowledged. To be general fused to offer amendments. So I pro- No formula fight is ever easy, as posed I would offer their amendments. every Senator knows. The House and GEN. JOHN M. SHALIKASHVILI, 000–00–0000, U.S. ARMY. I asked consent to offer their amend- Senate bills create loan funds—but this DEPARTMENT OF STATE ments. And they objected. may not be the perfect answer. We will WILLIAM HARRISON COURTNEY, OF WEST VIRGINIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, So I do not want the record to reflect seek other options to balance the needs CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR that somehow they were somehow dis- of all. EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF advantaged and did not have an oppor- The second group of issues is equally GEORGIA. tunity to offer their amendment. That thorny. None of us is unconcerned THE JUDICIARY was not the case. They had plenty of about the dramatic increase in the BARRY TED MOSKOWITZ, OF CALIFORNIA, TO BE U.S. time and could have offered the amend- numbers of teen pregnancies and the DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF CALI- ments. We could have been finished number of children born out-of-wed- FORNIA VICE A NEW POSITION CREATED BY PUBLIC LAW 101–650, APPROVED DECEMBER 1, 1990. with that bill by now, and a lot of peo- lock. These are serious issues—not eas- STEPHEN M. ORLOFSKY, OF NEW JERSEY, TO BE U.S. ple around the country would have felt ily addressed. Many of us believe the DISTRICT JUDGE FOR THE DISTRICT OF NEW JERSEY VICE DICKINSON R. DEBEVOISE, RETIRED. a lot better about it. Governors of our States can and will WILLIAM K. SESSIONS III, OF VERMONT, TO BE U.S. DIS- So I do not know how they explain it. deal with these problems, as many of TRICT JUDGE FOR THE DISTRICT OF VERMONT VICE FRED I. PARKER, ELEVATED. But that will be their problem. them have tried to do. They want us ORTRIE D. SMITH, OF MISSOURI, TO BE U.S. DISTRICT out of the way—that is what they are JUDGE FOR THE WESTERN DISTRICT OF MISSOURI VICE f HOWARD F. SACHS, RETIRED. asking us—not dictating solutions. DONALD C. POGUE, OF CONNECTICUT, TO BE JUDGE OF WELFARE DEBATE Others believe that the issue can best THE U.S. COURT OF INTERNATIONAL TRADE VICE JAMES L. WATSON, RETIRED. Mr. DOLE. Mr. President, there has be addressed here. been a great deal of speculation in re- I remain hopeful we can strike some DEPARTMENT OF THE TREASURY cent days over the prospects for pas- middle ground and am working to that HOWARD MONROE SCHLOSS, OF LOUISIANA, TO BE AN ASSISTANT SECRETARY OF THE TREASURY VICE JOAN sage of a welfare reform bill. Before de- end. LOGUE-KINDER.

VerDate Aug 31 2005 05:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00118 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S30JN5.REC S30JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1367 EXTENSIONS OF REMARKS

INTRODUCTION OF NATIONAL whelming vote only to see the measure die in propriations for foreign operations, export fi- PARK SCENIC OVERFLIGHT CON- the Senate's end-of-session gridlock. I con- nancing, and related programs for the fiscal CESSIONS ACT tinue to support comprehensive concession re- year ending September 30, 1996, and for other purposes: form, and have cosponsored a concession re- HON. DAVID E. SKAGGS form bill introduced by our colleague from Mr. BACHUS. Mr. Chairman, I strongly sup- OF COLORADO Kansas, Mrs. MEYERS. I urge the Resources port the Smith amendment to prohibit use of IN THE HOUSE OF REPRESENTATIVES Committee to either include the provisions of taxpayer dollars to promote abortion overseas. the bill I am introducing today as part of any While not reducing any U.S. funding of legiti- Thursday, June 29, 1995 comprehensive concessions bill they report to mate family planning programs, this amend- Mr. SKAGGS. Mr. Speaker, I am today in- the House, or to act promptly on my bill as a ment simply redirects those American dollars troducing a bill to clarify the authority of the free-standing measure. to organizations which, like most Americans, Secretary of the Interior to properly regulate f believe our tax dollars should never be used airborne tourism in units of the National Park to promote abortion as if it were an acceptable System. IN HONOR OF HELEN GARRETT method of family planning. The bill responds to a growing problem at a ALDER It is not. number of parks. In particular, I am concerned We should provide funding only to organiza- about current proposals for helicopter sight- HON. FORTNEY PETE STARK tions whose goals are consistent with those of seeing at Rocky Mountain National Park, in OF CALIFORNIA the United States. If they want our money, Colorado, which could seriously detract from IN THE HOUSE OF REPRESENTATIVES they should be required to play by our rules. the enjoyment of other park visitors and also could have serious adverse impacts on the re- Thursday, June 29, 1995 Since 1993, the Clinton administration has sources and values of the park itself. Mr. STARK. Mr. Speaker, I rise today to taken every opportunity to promote the pro- While I believe that the National Park Serv- recognize the achievements of Ms. Helen Gar- abortion platform at home and around the ice has both the mission and the authority to rett Alder who is retiring after 31 years of dedi- world. Most Alabamians resent their tax dol- properly regulate such overflights, I think Con- cated service to the schoolchildren of Califor- lars being used, by anyone, to promote abor- gress should act to remove any doubts about nia's 13th Congressional District. tion on demand. Their hard earned money that authority and to make sure that the Amer- Ms. Alder was born in Evansville, IN, and should not be squandered to provide what is ican peopleÐwho own the National ParksÐre- completed her undergraduate studies at seen by some as an easy way out of an in- ceive an appropriate share of the profits from Tuskegee Institute University in 1949. She convenient pregnancy. such operations, through the payment of con- earned her master's degree in education from Mr. Chairman, the United States should be cession franchise fees. My bill is intended to Texas Southern University in Houston, TX. a role model for the worldÐespecially when it achieve those goals. After coming to California, Ms. Alder began comes to issues of morality, honest values, The bill is entitled the ``National Park Scenic teaching in the Oakland Unified School District and concerns. Overflights Concessions Act of 1995.'' It is while continuing her education at Stanford This amendment is our opportunity to do similar to legislation introduced in the 103d University and the University of California at just that and to take a small step to stop the Congress by our colleague from Montana, Mr. Berkeley. insanity of abortion on demand or whim. Sup- WILLIAMS. She began teaching physical education at port the Smith amendment. The bill would amend the 1965 law under Bret Harte Junior High and later moved to f which the National Park Service awards and Skyline High School where she taught Amer- manages concession contracts, to provide that ican Government, economics, and social stud- DISMANTLEMENT OF THE ENERGY commercial sightseeing flights over National ies. She also coached the girls' basketball and DEPARTMENT Parks System units could be carried out only softball teams, was director of the cheer- by companies who had been awarded a con- leaders and pesters and served as the depart- cession contract for such services. ment chair of student activities. Ms. Alder also HON. WAYNE ALLARD In addition, the bill would require the Sec- taught driver's education and training and was OF COLORADO retary of the Interior to develop guidelines for an instructor at Edward Shands Adult School deciding whether or not to award proposed in Oakland. IN THE HOUSE OF REPRESENTATIVES concession contracts for commercial sightsee- Mr. Speaker, I am proud to recognize Ms. Thursday, June 29, 1995 ing flights over National Park System units, Helen Garrett Alder for her commitment to the taking into consideration the laws, policies, children of the Oakland Unified School District Mr. ALLARD. Mr. Speaker, included in the and plans that govern management of the and am certain that she will be sorely missed. House budget resolution Report 104±120 is a parks and the recommendations of the Fed- I hope that you and my colleagues will join me statement by Budget Committee member Earl eral Aviation Administration [FAA] concerning in wishing Ms. Alder much happiness and suc- Pomeroy that the majority party intends to pri- aircraft safety. cess in her future endeavors. vatize the dismantlement of nuclear weapons, a function presently performed by the Depart- The bill would require the FAA to place f greater emphasis on reducing the problem of ment of Energy [DOE]. This is inaccurate. aircraft noise in parks and to work with the FOREIGN OPERATIONS, EXPORT The House Republican Energy Department National Park Service to develop better ways FINANCING, AND RELATED PRO- task force recommendation calls for elimi- of identifying and reporting low-overflight inci- GRAMS APPROPRIATIONS ACT, nation of the DOE over several years. This will dents in the parks. 1996 save taxpayers billions of dollars and begin Finally, the bill would require a report from the process of downsizing the Federal Gov- the National Park Service and the FAA on SPEECH OF ernment. The task force recommendation in- progress made in the next 3 years in mitigat- HON. SPENCER BACHUS cludes the creation of an independent civilian ing the adverse impact of overflights at Na- agency within the Department of Defense to OF ALABAMA tional Park System units. manage the dismantlement of nuclear weap- Mr. Speaker, I was very disappointed that IN THE HOUSE OF REPRESENTATIVES ons and the cleanup of nuclear waste. This comprehensive reform of National Park Sys- Wednesday, June 28, 1995 independent agency would be called the De- tem concessions was not achieved last year, The House in Committee of the Whole fense Nuclear Programs Agency, and there especially since the House passed a sound, House on the State of the Union had under would be consultation with the Environmental balanced concessions reform bill by an over- consideration the bill (H.R. 1868) making ap- Protection Agency on cleanup activities.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1368 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 POSTMARK PROMPT PAYMENT Forward Laura Hur recorded the first goal of to the USCGC Steadfast, based in St. Peters- ACT OF 1995 the game, with an assist by Lane Fogarty, burg, FL. Aboard the Steadfast, Claudia who had an outstanding day and was voted served as a deck watch officer responsible for HON. JOHN M. McHUGH game MVP by tournament officials. The Fal- conning and navigation. Later, she served as OF NEW YORK cons mid fielders and defenders, Beth Hen- the 1st lieutenant and as a maritime law en- IN THE HOUSE OF REPRESENTATIVES dricks, Christie Bird, Audra Poulin, Carrie forcement boarding officer. She continued her Smith, Amy Salomon, Lindsey Henderson, drug interdiction and maritime safety work as Thursday, June 29, 1995 Caitlin Curtis, Kerry Fleisher, Alexis Byrd, Tara an executive officer on board the USCGC Mr. MCHUGH. Mr. Speaker, we have an op- Quinn and Megan Corey held the Flames to Metompkin, based in Charleston, SC. In that portunity to remedy one of the unfair burdens just three shots and no goals during the first post, she conducted numerous fisheries placed upon the conscientious citizens of this half. The Falcons' forwards, Fogarty, Hur, boardings and drug inspections. country who pay their bills on time but, who Jenny Potter and Kim Sperling, kept the pres- It was from the Metompkin that Claudia through no fault of their own, are slapped with sure on the Flames. Forward Jeanie Bowers came to Capitol Hill. I know that Claudia loves interest charges because of the delays of oth- was injured, but hoped to be ready for the the Coast Guard, and she's participated in ers. Eastern Regionals. The Falcons reached the many of the Coast Guard's diverse missions. Over the years, many of us have been con- finals of the State Cup by winning all four of While answering congressional inquiries; as- tacted by constituents who have incurred their State Cup Round Robin Tournament sisting in the preparation of congressional tes- problems with payments they have mailed and matches, outscoring their opponents, 23±0. timony; serving as a White House social aide; were not delivered on time. It has even been Congratulations to the Falcons and best explaining the Coast Guard's mission and its suggested that some creditors go as far as to wishes for success in the Eastern Tour- needs to congressional staffers and Members slow down the process as payment due dates nament. of Congress; planning and participating in con- approach so as to allow interest charges to f gressional delegation visits to various Coast accrue. This usually results in late fees and Guard units; and escorting the Coast Guard can even affect credit ratings. SALUTING LT. CLAUDIA J. CAMP, commandant, the vice commandant and var- Mr. Speaker, if this sounds familiar, it is be- USCG ious admirals to appointments on Capitol Hill cause this problem is a frequently discussed is not quite as exciting as rescuing a vessel in topic on Talknet, a radio show hosted by HON. JACK FIELDS distress, or boarding a vessel suspected of Bruce Williams. The focus of Bruce Williams' OF TEXAS hauling illegal drugs, Claudia handled her du- show is on the life in the real world concerns IN THE HOUSE OF REPRESENTATIVES ties here on Capitol Hill in the same profes- of his listeners. Thursday, June 29, 1995 sional, courteous and knowledgeable manner Today I am introducing the Postmark that has characterized her service throughout Prompt Payment Act of 1995 to correct this in- Mr. FIELDS of Texas. Mr. Speaker, earlier her years in the Coast Guard. equity by allowing the postmark on the enve- this month, U.S. Coast Guard Lt. Claudia J. Mr. Speaker, I have often expressed my ad- lope containing the payment to be proof of Camp left her position as the Coast Guard's miration for the men and women of the U.S. timely payment. The use of the postmark has assistant liaison officer to the House of Rep- Coast GuardÐand the dedication to service precedence in contract law. For example, the resentatives, and I wanted to take a moment and to excellence with which they approach Internal Revenue Service uses the postmark to publicly thank her for the assistance she their duties. Lt. Claudia J. Camp is one such on envelopes as proof that taxpayers mailed lent to my office and staff, and for the assist- Coast Guard officer, and I appreciate this op- income tax returns on or before the April 15 ance she provided to this institution and all its portunity to thank her for the assistance she deadline, regardless of when the IRS received members. has provided to us on Capitol Hill, and to wish the payment. If the IRS uses the postmark as I worked with Claudia closely from 1993 to her well in her new assignment as captain of proof of timely payment, then why can't the 1995, when I served as the ranking Repub- the USCGC Matagorda, a 110-foot patrol boat banks or credit card companies? lican member of the House Merchant Marine in Miami. All of us owe her, and the Coast This legislation would not apply to any other and Fisheries Committee. During those years, Guard, our admiration and thanks. type of payment other than on a blll, invoice she and her fellow Coast Guard liaison offi- Thank you, Mr. Speaker. or statement of account due and would only cers repeatedly went out of their way to be f apply to payments made through the mail and helpful to those of us on the Merchant Marine excludes metered mail. Furthermore, the en- and Fisheries Committee. Their assistance IN RECOGNITION OF KATHLEEN velope would have to be correctly addressed and advice helped those of us responsible for HILL BECKNELL to the payee and have adequate postage af- overseeing the Coast Guard's operations to fixed to it. better understand the needs of the men and HON. RALPH M. HALL Mr. Speaker, this legislation has 20 original women in the Coast Guard as they worked to OF TEXAS cosponsors. I believe everyone who values carry out their many diverse missions. IN THE HOUSE OF REPRESENTATIVES their good credit will benefit from this legisla- Claudia graduated from the University of Thursday, June 29, 1995 tion. Let's show the American people our re- California at Los Angeles in 1982, after which solve to remedy the payment due problem. she enteredÐand graduated fromÐthe Coast Mr. HALL of Texas. Mr. Speaker, I rise f Guard's training center in Cape May, NJ. She today to pay tribute to a living legend from graduated, I might add, first in her class of Emory, TXÐKathleen Hill Becknell, who at the FALCONS THREEPEAT 120 men and women, and as the recipient of age of 88 remains the active editor and pub- the Female Leadership Award and the lisher of The Rains County Leader. KathleenÐ HON. CONSTANCE A. MORELLA Marlinspike Seamanship Award. ``Kat'' as she is know to her friendsÐhas man- OF MARYLAND Following her graduation, Claudia served as aged the weekly newspaper since 1963 and IN THE HOUSE OF REPRESENTATIVES a boatswain's mate aboard the Coast Guard's recently was honored during the Founders tall ship USCGC Eagle. She participated in a Day ceremony in Emory, which I had the privi- Thursday, June 29, 1995 bicentennial voyage from the United States to lege of attending. The Texas State Senate Mrs. MORELLA. Mr. Speaker, on June 4, Australia and back. Following her time aboard also recognized Kathleen's contributions to the the Montgomery Soccer Inc. Falcons U-12 the USCG Eagle, Claudia served as a petty county through a resolution introduced by girls team won its third consecutive Maryland officer at the Coast Guard Station Fort Point, State Senator David Cain, who also attended State Cup championship, defeating the Soccer in San Francisco. In her position as a cox- the ceremony. Club of Baltimore Flames, 2±1. The win quali- swain on a 44-foot motor life boat, Claudia The Rains County Leader is the oldest busi- fies the Falcons to represent Maryland in the regularly participated in search and rescue ness in Rains County. It began publication as Eastern Regional Championship Tournament missions in the San Francisco Bay area, the Argus/Record in 1896, and in 1909 in Niagara Falls this weekend. The win was which is so infamous for its treacherous cur- Kathleen's father, Tom Hill, became the editor especially meaningful for the Falcon players rents. and owner, a position he held until his death and their parents and for coach Harry Martens Next, Claudia attended Officer Candidate in 1937. His son, Earl Clyde Hill, took over op- and assistant coach Chrissie Gardner, as the School in Yorktown, VA, graduating in the top erations until his death in 1960, at which time game was dedicated to the memory of E Soo quarter of her class in December 1990. Fol- Earl Clyde Hill Jr. assumed the job. In 1963 Kim, father of goalie Chris Kim. lowing her graduation, Claudia was assigned Kathleen became the editor and publisher. June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1369 The Leader, like other weekly county news- under $35,000 with at least 60 percent domes- for American industry, American workers and papers throughout America, continues to thrive tic content, according to the standards estab- middle-class taxpayers. It means more jobs, because of its emphasis on local news and lished in the American Automobile Labeling greater production and a boost to our econ- local people. Kathleen's weekly column, ``You Act of 1993. omy. Might Doubt It!,'' is a popular feature with sub- Besides the obvious benefit to American car The auto industry is the cornerstone of the scribers and reflects the author's wit and per- manufacturers, the C.A.R. Act benefits tax- American industrial base, and it deserves our sonality. payers by offering much needed tax relief. support. In 1994 alone, America's car compa- Kathleen's contributions to Rains County ex- This Congress we have heard a lot about the nies contributed almost 11 percent to the tend over her lifetime and beyond her leader- benefits of tax relief, but rarely have we of- growth in the U.S. gross domestic product and ship at the newspaper. Born in Emory and fered measures that benefit both business and directly employed 2.3 million workers. Encour- educated in the public schools there, Kathleen middle-class interests. The C.A.R. Act offers age consumers to buy American cars and was chairperson for the Red Cross in the us a chance to offer real relief, to real people show your support for our domestic industry 1930's. During World War II, she was Emory's and help the business community in a truly by co-sponsoring C.A.R. Act of 1995. Give chairperson for the war bond drive. She is a positive way. American consumers a break and show the charter member of the Fidelis Sunday School In 1994, the average interest payments on world we mean business. Class of Emory Baptist Church and is the a new car amounted to $1,574 annually. Re- Thank you. church's longest member, having joined in storing the deductibility of these payments f 1919. She is a charter member of the Point would make automobiles more affordable to Ladies Civic Club, Emory's Women's Service people who depend on automobiles for trans- SECURITIZATION ENHANCEMENT Club and the Rains Garden Club. She was portation. Americans have a unique driving ACT OF 1995 president of the Texas Women's Press District culture in that we use our cars for everything 12 in the 1960s. from going to work to going on vacation. Par- HON. E. CLAY SHAW, JR. Kathleen was married to Bo Gunter, who ents take their children to after school activi- OF FLORIDA died in 1956, and then was married to George ties, students drive to school, families take IN THE HOUSE OF REPRESENTATIVES Becknell in 1960, who died in 1980. When road trips and employees get to workÐall in Thursday, June 29, 1995 Kathleen became editor of the Leader, George their cars. The fact is, most families need a began street sales of the newspaper in sur- car to do even routine chores like shopping for Mr. SHAW. Mr. Speaker, today I, along with rounding towns, resulting in over 1,000 papers groceries. By offering this deduction, the Congressman RANGEL, am introducing the now being sold on the streets of Point, East C.A.R. Act makes this necessary mode of Securitization Enhancement Act of 1995. We Tawakoni, Emory, Lone Oak and Alba. transportation more accessible to everyone. are privileged to be joined by Representatives Mr. Speaker, people like Kathleen Becknell This is truly a progressive tax break. ZIMMER, MCDERMOTT, PAYNE, KENNELLY, represent the heart and soul of small-town In addition to making American cars more CARDIN, ENGLISH, SAM JOHNSON, HANCOCK, America. She has devoted a lifetime to her accessible to everyone, the C.A.R. Act gets CHRISTENSEN, NEAL, CRANE, THOMAS, COLLINS, town and county. Born and raised there, she older cars off our roads and gives us cleaner KLECZKA, DUNN, HOUGHTON, MATSUI, NANCY chose to reside there all her life, and her loy- air. As consumers take advantage of the ben- JOHNSON, HERGER, NUSSLE and PORTMAN in alty and devotion to the people of Rains Coun- efits of the C.A.R. Act, older cars will be re- introducing this important legislation that will ty are evidenced each week in the pages of placed with newer, cleaner burning, and more assist small business in gaining access to The Rains County Leader. fuel efficient models that will go a long way in capital and promote safety and soundness in As we adjourn today, Mr. Speaker, let us preserving the quality of our air. Again, the the Nation's banking system. It will do so by pay tribute to Kathleen Hill Becknell of Emory, C.A.R. Act is a common sense move, not only simplifying the tax rules governing the TX, for a job well done and a life well lived. for American jobs, industry and taxpayers, but securitization of asset-backed securities in a May she enjoy many more years as a commu- also for our environment. user-friendly fashion. nity leader, newspaper editor, and legendary The C.A.R. Act does still more. By defining We also have an additional piece of good citizen of Rains County. an American car by content level, the C.A.R. news. Whenever the Congress considers tax f Act also encourages foreign owned manufac- legislation, one of the first questions asked is CONSUMER AUTO-TAX RELIEF ACT turers to purchase American made parts. Cur- how much will this cost. Fortunately, this legis- OF 1995 rently, most foreign cars built in the United lation is revenue neutral and will not add to States and Canada have approximately a 48- our budget deficit. Indeed, the bill actually percent American content. In response to this raises $87 million over 5 years, $92 million HON. SHERROD BROWN initiative, foreign companies that build in the over ten, without raising any taxes. OF OHIO United States and Canada may choose to pur- This bill builds upon the success of legisla- IN THE HOUSE OF REPRESENTATIVES chase more American made parts to allow tion enacted by Congress in 1986Ðthe Real Thursday, June 29, 1995 their cars to qualify for the deduction. This Estate Mortgage Investment Conduit [REMIC] Mr. BROWN of Ohio. Mr. Speaker, I rise represents just another benefit to America's provisions of the Tax Reform Act of 1986Ð today to introduce legislation that will offer auto industry. which specified the tax rules for securitizing support to one of America's most important in- The U.S. Trade Representative tells us that home mortgages. dustries. As American car-makers face unfair fully one-third of all autos sold in the U.S. do- The legislation creates a new tax vehicle competition abroad, the Consumer Auto-tax mestic market are foreign. Until we see cor- similar to a REMIC known as a Financial Relief Act of 1995, will give a valuable shot in rective action to improve our trade imbalance Securitization Investment Trust [FASIT]. Unlike the arm to the domestic auto market. with Japan, we must support the C.A.R. Act REMIC, which applies only to home mort- Yesterday, in a dangerous game of brink- and other measures like it to show American gages, FASIT is available to all forms of debt, manship, the administration and Japanese ne- auto industry workers, manufacturers, and including small business, consumer, student gotiators only narrowly averted an all out trade consumers that we appreciate their efforts and and auto loans, among others. Our experience war. While I applaud the administration for tak- care about the work they do. In my hometown with REMIC suggests that facilitating ing a tough trade position with the Japanese of Lorain, OH, 3,800 people at the Lorain Ford securitization for such loans will greatly ex- and appreciate the promise of more acces- auto plant(s) depend on me to do everything pand credit availability. sible Japanese markets, this strategy only ad- I can to protect American jobs, markets, and The Benefits of Securitization.Ð dresses part of the problem I want to solve. industry. The C.A.R. Act gives us all the Securitization is the process whereby banks The C.A.R. Act of 1995 carefully crafts lan- chance to do just that. and other lenders package relatively illiquid guage that benefits an entire spectrum of in- Finally, I would like to acknowledge Ford, loans and turn them into highly liquid market- terests. The C.A.R. Act offers us tax relief for Chrysler, General Motors and the American able securities that relay for their creditworthi- middle-class families, support for our domestic Automobile Manufacturers Association for re- ness solely on the underlying loans or on auto industry, and a chance for a cleaner envi- sponding to my calls for assistance with creat- other guarantees provided by the private sec- ronment. By supporting this bill, we can stand ing an incentive not only to buy American tor. Assistant Secretary of the Treasury Rich- up for American consumers, American busi- cars, but also to support middle-class families. ard Carnell has described the securitization ness, and American workers. Their assistance was invaluable, and I appre- process as follows: The C.A.R. Act is simple. It restores the de- ciate their input. They understand, as I do, By ‘‘securitization,’’ I mean the process of ductibility of interest on loans for any car that the C.A.R. Act represents an opportunity transforming financial assets, such as loans, E 1370 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 into securities that in turn convert into cash infecting the home mortgage market, to the FASIT's and Safety and Soundness Con- over time. One converts loans into securities everlasting benefit of millions of homeowners cerns.ÐAlthough facilitating asset securitiza- by assembling a pool of loans and selling throughout the country. tions will, as the SEC noted, help small busi- them to a special-purpose entity, often a trust. That entity then issues securities rep- FASITs and Small Business.ÐFASITs can ness gain access to needed capital, this legis- resenting a debt or equity interest in the do for other forms of debt, particularly small lation will also be of direct benefit to the tax- loan pool. The cash flow generated by the business loans, what REMIC accomplished for payer. We need only look back to the recent loans finances payments on the securities. home mortgages. Securitization of other forms thrift crisis to see the tremendous costs to the (Statement of the Honorable Richard S. of non-mortgage debt is virtually in its infancy. taxpayer that can come about as a result of Carnell, Assistant Secretary for Financial In 1992 only about $120 billion in non-mort- Federal deposit insurance. Institutions, United States Department of gage debt was securitized. Most of the debt Had REMIC or FASIT been in place in the the Treasury, on the Administration’s Views involved revolving credit and auto loans. We on the Loan Securitization Provisions of the late seventies, it is unlikely that the taxpayer Community Development, Credit Enhance- know from experience with REMIC that there would ever have had to bail out thrift deposi- ment, and Regulatory Improvement Act of is almost a one-to-one ratio for increased tors. In the last seventies, thrifts found them- 1994, Subcommittee of Telecommunications securitization and increased credit availability. selves holding low interest rate mortgages at and Finance, Committee on Energy and There is every reason to believe that the a time when their cost of funds was skyrocket- Commerce, United States House of Rep- economic and business benefits of ing. To counteract these financial pressures, resentatives, June 14, 1994 at 1.) securitization will be seized upon by lenders thrifts sought additional powers to engage in The advantages of securitization are sev- and borrowers alike in these other areas. As potentially more profitable, but also more risky eral: the administration has pointed out, activities. When these efforts proved to be un- First, because securitization increases the ``[s]ecuritization benefits borrowers by making successful, many thrifts failed, and the tax- amount of information investors have about credit cheaper and more readily available. payer had to finance a bailout costing billions. the risks involved in holding a pool of loans, . . . Securitization could help make small Simply put, if banks can sell off their loans investors become more comfortable with businesses less susceptible to problems in the to the secondary market, the risk that the those risks and more willing to invest in the banking system insofar as it gives those busi- pool. loans may possibly default is assumed by the Second, securitization makes it possible to nesses access to national and international capital markets rather than the taxpayer segment the different categories or types of credit markets, through banks or other finan- through the deposit insurance system. Had economic risk associated with a pool of cial institutions.'' (Carnell statement, supra at thrifts been able to sell off their low interest loans. As a result, it is often possible to 2±3.) rate mortgages in the seventies, the mismatch make a better match between various risks Last year Congress enacted the Community between their earnings and cost of funds and the investors that are most knowledge- Development, Credit Enhancement, and Regu- would have been avoided, and the taxpayer able about undertaking those risks. latory Improvement Act of 1994. That legisla- Third, by converting a pool of loans into a spared much later expense. FASIT, by facili- marketable security—even if that security is tion made a number of changes in the securi- tating securitization of non-mortgage debt, will retained by the original lender—the loans be- ties laws intended to facilitate securitization of allow for a much safer and sounder banking come more liquid and therefore more valu- small business loans. When that legislation industry, and, at the same time, reduce the able. Liquidity also makes for safer and was introduced a provision was included au- potential exposure now borne by the taxpayer sounder financial markets. thorizing Treasury to issue regulations regard- in the event that such loans go bad. Fourth, by increasing information, risk ing the tax rules for such securitizations. This The Tax Treatment of Asset segmentation, and liquidity, securitization provision was dropped, but the need for clear makes it easier for lenders and investors to Securitization.ÐIn many ways the FASIT leg- achieve appropriate diversification of their tax rules to guide small business and other islation is the tax code counterpart to the portfolios. Diversification can also help pre- nonmortgage securitizations remains. SEC's actions to promote asset securitization. vent a localized economic problem—such as FASIT completes the unfinished business of Like the SEC's actions, FASIT would eliminate a sudden change in the price of energy, real the Community Development Bank Act. As the much of the disparity in tax treatment between estate, or other commodities crucial to a Administration noted in its 1994 testimony: certain selected classes or types of assets, local economy—from dragging down all of an We believe that securitization has the po- which are currently allowed to obtain direct ac- area’s local financial institutions and poten- tential to increase lending to small busi- tially causing serious regional or national fi- cess to the capital markets through statutorily nesses. Offering loan originators the oppor- sanctioned vehicles, and other types or class- nancial problems. tunity to sell pools of small business loans to Avoiding Future Credit Crunches.ÐWe all investors should help free up resources that es of assets which do not yet enjoy that treat- remember the credit crunch of the late eighties can be used to make more such loans. By ment under the tax law. FASIT accomplishes and early nineties that so hurt small busi- making small business loans more liquid, this through a generic rule, like the SEC's ap- nesses throughout the country. While this securitization should make them more at- proach, which allows all types of loans to be tractive to originate and to hold. securitized as long as appropriate structural problem has receded somewhat, it remains a Securitization should also bring new sources serious one. However, while small business limitations and safeguards are in place. of funds to small- and medium-sized business By moving to a generic approach, FASIT was finding credit hard to come by, home buy- lending by enabling investors who do not ers experienced unprecedented credit avail- lend directly to small businesses—such as represents a first step towards rationalizing the ability during this same period. For example, pension funds, insurance companies, trust various pass-through vehicles that now exist in in 1986 the total size of the home mortgage departments, and other institutional inves- the Internal Revenue Code, including REMICs, market was approximately $2.5 trillion, with tors—to invest in small business loans made REITs, RICs, and the like. Once the market about $500 billion in home mortgages being by other financial institutions, including becomes familiar with FASIT, it may well be banks that are effective originators of such possible, eventually, to do all forms of securitized or sold in the secondary market. loans but that may not want to hold all Six years later, in 1992, the size of the home securitizations under the FASIT umbrella. loans originated on their balance sheets. However, given the already large markets that mortgage market had grown to $4 trillion, over (Carnell statement, supra at 6–7.) exist in these other areas such as REMIC, we half of which was securitized. Virtually 100 The administration further stated that: percent of all fixed rate home mortgages are believe it would be far preferable and much [S]ecuritization should reduce the cost of now sold in the secondary market. less disruptive to move gradually rather than borrowing for small businesses. Small busi- precipitously to a one size fits all model. Since 1986, the total supply of home mort- ness borrowers pay higher interest rates for gage money has been steadily increasing, credit in part because their loans are il- Current Law Tax Treatment of Asset even though the portion supplied without reli- liquid. If an active secondary market for Securitization.ÐTo understand exactly what ance on securitization has been declining both small business loans existed, interest rates FASIT does, and why it is beneficial, it is nec- as a percentage, and, most recently, as an in that marked would influence rates in the essary to understand a little about the way absolute amount. Clearly, without loan origination market. If rates and yields asset securitizations are structured under cur- securitization we would not have had the large were high in the securitized loan market, rent tax law. increase in credit availability in the home mort- banks and other loan originators would be Securitization of loans depends on the abil- eager to have more loans to sell. They would gage market that occurred since 1986. signal this interest to borrowers by slightly ity to pass through to investors all or a signifi- REMIC may well be the most successful lowering their interest rates to them, invit- cant portion of the interest income that is and perhaps the least known success emanating borrowers to seek more credit or permit- earned on a pool of loans without the imposi- ing from the Tax Reform Act of 1986. Simply ting previously marginal borrowers to afford tion of an intervening corporate tax. As a tax put, REMIC prevented the credit crunch from credit. (Carnell statement, supra at 7.) matter, this is essentially what occurs when a June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1371 bank makes loans with funds that it has ob- wider variety of issuers and their tax counsel, concentrated in one area, with the Federal tained from deposits or other borrowings. Cor- thus creating a more liquid and more efficient Government the ultimate guarantor. porate taxes are paid by the bank only on the marketplace. This legislation also simplifies the tax rules portion of the interest income received that is In addition to making the applicable legal governing securitization of asset-backed secu- not paid out as interest to its depositors or rules and standards more accessible, FASIT rities and creates a single vehicle available for other creditors. will also ease some of the common law rules all forms of non-mortgage debt and, eventu- Traditional securitizations typically involve that are generally perceived as governing ally, FASITs may even supplant REMICs as the use of a special purpose financing vehicle these types of transactions. the vehicle of choice for all securitizations. as the holder of the loans, and issue debt se- Under current case law, securities purport- Finally, unlike many worthy tax measures curities instead of raising funds from bank de- ing to qualify as debt for tax purposes gen- which seem beyond our grasp because of posits, but the tax principle is the same. That erally must have a high investment grade rat- budgetary constraints, this legislation actually is, assuming that the financing vehicle is a ing of `À'' or better. Under the FASIT legisla- raises money without raising taxes. corporation, corporate taxes are paid only on tion, debt securities can be issued as long as I am proud to have introduced this fine the portion of the interest income received that they do not have a yield that is more than 5 piece of legislation, and I urge my colleagues is not paid out to the holders of debt instru- percentage points higher than the yield on to join with me to see that FASIT is enacted ments issued by the entity. As a result, the Treasury obligations with a comparable matu- in 1995. key tax issue is determining how best to struc- rity, which will permit more subordinated debt f ture the transaction so that the securities qual- securities to be issued. Even debt securities at ify as debt, rather than as an ownership inter- the top end of that yield limitation are still fun- GEN. COLIN POWELL—REMARKS est in the special purpose entity. damentally debtlike, as the 5 percentage point ON THE U.S.-FLAG MERCHANT With REMICs, or similar entities structured standard is borrowed from current tax law MARINE under the tax law as fixed investment trusts of rules governing when certain high yield dis- partnerships, the task of securitizing loans be- count bonds will be subject to special rules HON. GERALD B.H. SOLOMON comes much easier because 100 percent of deferring accrued interest deductions. (See, OF NEW YORK the income paid out to investors is passed section 163(e)(5), Internal Revenue Code of IN THE HOUSE OF REPRESENTATIVES through without the imposition of an interven- 1986.) These rules effectively assume that ob- Friday, June 30, 1995 ing corporate tax. This complete pass-through ligations yielding 5 points more than Treasury treatment is available regardless of whether bonds could and do qualify as debt. Thus, Mr. SOLOMON. Mr. Speaker, a strong Mer- the securities are classified as debt or as eq- FASIT legislation will not be authorizing the is- chant Marine Fleet is vital to our national de- uity. Thus, the problem of determining how suance of debt securities that are fundamen- fense and economy. Without a strong fleet, best to structure a security so that it satisfies tally different from debt securities that are cur- the United States would become dependent the business objectives of the parties and still rently outstanding in the markets. on foreign ships, thus endangering its ability to qualifies as debt for tax purposes is elimi- The yield limitation, which limits how much respond to crisis situations overseas. nated. income can be passed through to the holders On June 15, 1992, Gen. Colin Powell, FASITs and Asset Securitization.ÐLike the of FASIT debt instruments, is important be- Chairman of the Joint Chiefs of Staff, deliv- REMIC provisions before it, the FASIT legisla- cause all remaining incomeÐthe income asso- ered the commencement address to the U.S. tion will help make loan securitization easier ciated with the true equity like risk of investing Merchant Marine Academy. In his remarks, by creating a new pass-through structure spe- in a pool of loansÐwill be taxable to the U.S. General Powell talked about the strategic im- cifically designed for loan securitization. Unlike banks or other U.S. corporations that retain or portance of the U.S.-flag merchant marine and REMICs, FASITs will be available for all types acquire the ownership interests of the FASIT. American merchant mariners. His statements of loans or other instruments treated as debt Securitization has been driven by economic, clearly rebut the comments made in the Wall for Federal income tax purposes. not tax considerations. Consequently, we have Street Journal and by other critics demeaning Although the FASIT itself will not be subject exercised great care to ensure that this legis- both the role played by the merchant marine to any tax, its net income will be included in lation contains no loopholes or gimmicks. during the Persian Gulf war and the need to the United States income tax return of its Strong antiabuse provisions are also included maintain a strong maritime industry to meet fu- owner or owners, and thus will, in virtually all to prevent any gamesmanship. ture national defense needs. General Powell cases, be subject to corporate income tax. Not only is this legislation devoid of any said the following: The only exception is a provision intended to loopholes, it actually raises $92 million over 10 Since I became Chairman of the Joint facilitate small business loan securitizations, years. When a loan or an asset is transferred Chiefs of Staff, I have come to appreciate which allows businesses operated as partner- by the bank to the FASIT, there is an imme- first hand why our merchant marine has long been called the nation’s fourth arm of ships or S corporations to retain ownership of diate recognition of gain. For example, as- defense. FASITs used to securitize loans to their cus- sume that a loan will generate $10 of income The American seafarer provides an essen- tomers, such as trade receivables. each year over a 10-year period. When the tial service to the well-being of the nation, Loans will be transferred or sold to the loan is transferred to the FASIT, the present as was demonstrated so clearly during Oper- FASIT so that it can issue securities backed value of the entire $100 of income generated ations Desert Shield and Desert Storm. Mer- by loans it has acquired. As with REMICs, by the loan is recognized. In effect, this phe- chant Marines . . . worked side-by-side with FASITs will be permitted to issue securities nomenon is identical to an acceleration of esti- soldiers, sailors, airmen, Marines and Coast that qualify as debt of the FASIT for Federal mated taxes, and the result is that the reve- Guardsmen to get the job done that needed to be done. . . income tax purposes even though they are is- nues lost by relieving the burden of the cor- Fifty years ago today, U.S. merchant ves- sued in non-debt form for State law purposes. porate level tax on the entity level is more sels operated by your forbears were battling This latter point reflects the fact that the as- than offset. the frigid seas of the North Atlantic to pro- sets of the FASIT are the sole source of pay- Mr. Speaker, this FASIT legislation promises vide the lifeline to our allies in Europe. The ments on the securities, and that any risk of to be a great benefit to the Nation's small sacrifice of those mariners was essential to loss on the assets that is borne by the owners businesses, which often have difficulty gaining keeping us in the war until we could go on of the FASIT has been limited to a reasonably access to needed capital. We have seen the the offensive. . . In World War II, enemy at- estimable amount. At the same time, treating tremendous success of REMIC in developing tacks sank more than 700 U.S. flag vessels and claimed the lives of more than 6,000 ci- such certificates as debt of the FASIT for tax a secondary market for home mortgages. If vilian seafarers. . . purposes means that the portion of FASIT in- FASIT is even half as successful as REMIC, For too many years, the pivotal contribu- come passed through to the holders of the we will have enacted the most important legis- tion of the merchant marine to our victory certificates is not included in the FASIT in- lation in history for small business. in World War II has been overlooked. But come that is passed through to the corporate In addition to helping small business and now the situation has begun to be rectified. owners of the FASIT. others gain access to capital, this legislation America is eternally grateful to all those The FASIT legislation makes the rules for protects the taxpayer from being forced to fi- who served in our merchant marine over the qualifying securities as debt, based upon their nance possible future bailouts for the banking years for their efforts, their commitment and their sacrifice in defense of our beloved economic substance, clearer and more industry. This legislation will promote safety America. They are second to none. .. straightforward. In so ding, FASIT makes the and soundness of the banking system and Sealift was the workhorse of our deploy- tax rules governing the most advanced type of spread the risks of loans throughout the cap- ment and sustainment operations. Ninety- securitization structures more accessible to a ital markets rather than allowing them to be Five percent of all equipment and supplies E 1372 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 reached the Persian Gulf by ship. . . We also and service to her community. A Newark resi- service. Currently the passenger railroad is activated the Ready Reserve Force for the dent who graduated from Newark's public prohibited by hiring outside contractors if it first time. By late February, there were schools, she went on to earn a masters de- would affect a member of the bargaining some 500 merchant marines employed by the unit. Military Sealift Command serving in the gree in social work. Gigi served her commu- Amtrak’s repair facilities need to be up- Gulf on the high seas. . . nity as a police officer with the Newark Police graded at a cost of hundreds of millions of The war in the Persian Gulf is over, but Department and later as a detective in the dollars. The General Accounting Office esti- the merchant marine’s contribution to our Essex County Sheriff's Office. mates $260 million is needed for Amtrak’s nation continues. In war, merchant seamen Gigi Foushee was the first African-American primary maintenance shops in Beach Grove, have long served with valor and distinction woman to serve as deputy mayor for the city IN. by carrying critical supplies and equipment of Newark and the first to serve as executive This is money that Amtrak doesn’t have to our troops in far away lands. In peace- director of Newark's Alcohol Beverage Control and the Federal government does not need to time, the merchant marine has another vital spend. The nation’s freight railroads, such as role—contributing to our economic security Board. In 1991, Gigi achieved another first, Conrail, have the capacity to do some of Am- by linking us to our trading partners around she became the first African-American woman trak’s repairs on a contract basis. the world and providing the foundation for in New Jersey's history to be appointed war- Why should American taxpayers be forced our ocean commerce. den of the Essex County Jail, the largest jail to fork over $260 million to complete a major The United States today remains the in New Jersey. upgrade at just one of Amtrak’s repair facili- world’s leader, with global interests and re- She was recently appointed by Chief Justice ties when private companies should do their sponsibilities. We are a maritime nation. Our Robert N. Wilentz, of the New Jersey Su- work? strategy demands that we have access to for- preme Court, to serve as a member of the Unfortunately, not everyone sees the need eign markets, to energy, to mineral re- for immediate changes. sources, and to the oceans. We must be able New Jersey Supreme Court Task Force on Mi- Shuster last week stopped discussion on to project power across the seas. nority Concerns. Gigi continues to participate the reform legislation after 38 members of This means that not only do we need a in numerous committees and task forces the committee moved to give Amtrak and its strong Navy, but a strong maritime industry which are committed to addressing the con- unions 270 days to negotiate new contract as well. For, as the brilliant naval strategist cerns of the people of this community. As a provisions. Alfred Thayer Mahan once wrote, ‘‘Sea result of her activities and accomplishments, This would just continue to drag Amtrak’s power in the broad sense . . . includes not she has received numerous community and problems out. If Amtrak and its unions can only the military strength afloat, that rules law enforcement awards. not reach an agreement in 270 days, then the seas or any part of it by force of arms, President Clinton would appoint a Presi- but also the peaceful commerce and shipping Gigi Foushee is a mother, a wife, and an dential Emergency Board, which would have from which a military fleet naturally and excellent role model for our young people. Her 60 days to review the matter. Then the dis- healthfully springs, and on which it securely service to this community will always be ap- pute would go to ‘Clinton. He can take what- rests.’’ . . . preciated and remembered. She is an inspira- ever time is needed, possibly years, before Our strategy requires us to be able to tion to us all. Mr. Speaker, I ask that all of my making a decision. project power quickly and effectively across colleagues join with me in recognition of a Amtrak may not have that long. The pas- the oceans to deal with the crisis we couldn’t truly extraordinary woman, Mrs. Geraldine senger railroad’s federal funding is $993 mil- avoid or protect. Sealift will be critical to ``Gigi'' Foushee. lion for the current fiscal year. The House fulfilling this strategic requirement. We Appropriations Subcommittee on Transpor- learned a lot of valuable lessons from our lift f tation has cut the amount to $728 million for operations in support of Desert Shield/Desert the next year and made the money contin- Storm. Many of these were incorporated into AMTRAK NEEDS LABOR REFORM gent on passage of legislation offering sig- our new Mobility Requirements Plan—a nificant labor reforms. blueprint for what we believe is needed to HON. BUD SHUSTER Without changes, Amtrak could find itself fulfill our armed forces’ lift requirements in without any federal money, which would vir- OF PENNSYLVANIA support of our new strategy. . . The plan tually kill the passenger rail service and un- also acknowledges that the merchant marine IN THE HOUSE OF REPRESENTATIVES dermine the unemployment and retirement and our maritime industry will be vital to Friday, June 30, 1995 systems for all railroad employees. This our national security for many years to could be disastrous. come. . . Mr. SHUSTER. Mr. Speaker, I commend to We agree that the United States needs a The key to investment, the one that really my colleagues the following editorial, which passenger railroad, but the only way to guar- matters, is our investment in quality peo- appeared in the Altoona Mirror, a newspaper antee that is to free Amtrak of the shackles ple. . . Few occupations require the high in my 9th Congressional District of Pennsylva- that keep it from making the best business standards U.S. seamen must meet and the nia. Concise and to the point, the piece de- decisions. That’s what the legislation sup- demonstrated skills they must acquire to scribes why, without significant and immediate ported by Shuster does and why is should be pursue their career. It is your skills and enacted. those of your buddies in the Armed Forces labor reforms, Amtrak may well find itself with- f that will help America maintain its position out any Federal funding this year. This editorial is a solid enunciation of the issue and I of leadership in the world. INTRODUCTION OF THE EFFICIENT I am here to tell you that we still need commend it to my colleagues and anyone else FLEET MANAGEMENT ACT OF 1995 you. Do not let anyone suggest to you other- interested in the future of Amtrak. wise. AMTRAK NEEDS LABOR REFORMS Mr. Speaker, General Powell was right The freedom to make good business deci- HON. BOB FRANKS when he said that America needs a strong sions, not government subsidies, offers Am- OF NEW JERSEY merchant marine fleet to maintain our position trak the best chance at long-term survival. IN THE HOUSE OF REPRESENTATIVES as a world leader on the oceans. I urge every Despite Sen. Arlen Specter’s words of sup- Friday, June 30, 1995 Member of this House to work toward port for Amtrak in Altoona, the nation’s strengthening our merchant marine fleet. passenger railroad could derail without the Mr. FRANKS of New Jersey. Mr. Speaker, reforms being supported by U.S. Rep. Bud spread throughout Washington, DC., and f Shuster. Those reforms would reduce Am- roaming in all corners of our country are more TRIBUTE TO GERALDINE GEORGE- trak’s overgenerous severance package and than 250,000 cars and trucks that make up allow the railroad to contract out for non- FOUSHEE food services, such as equipment repair. the civilian Federal motor fleet. Last year, the Amtrak has an absurd severance package GAO reported that only the IRS was in compli- HON. DONALD M. PAYNE under which workers are eligible for each ance with existing law which requires agencies OF NEW JERSEY year they work, up to a total of six years, if to take advantage of the most cost-effective they are laid off or moved more than 30 miles IN THE HOUSE OF REPRESENTATIVES fleet management practices available. from their current job assignment. Today, I am introducing a bill to require the Friday, June 30, 1995 This means Amtrak wants to abandon an Office of Management and Budget to super- Mr. PAYNE of New Jersey. Mr. Speaker, I unprofitable line, it may wind up paying em- vise the awarding of competitive contracts in ployees for six years even though they are rise today to join my constituents in paying not working. acquiring and operating the Federal fleets. tribute to a longtime friend and a dedicated A bill backed by Shuster would reduce the This bill will save taxpayers at least $1 billion public servant, Mrs. Geraldine George- maximum severance package to six months. over 5 years. Foushee. Gigi, as we all know her, has dedi- The other major reform would allow Am- Mr. Speaker, this Congress must demand cated her professional life to law enforcement trak to contract out work, other than food that Federal agencies account for all the costs June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1373 of their fleets and be held accountable to mini- Spring, TX. Big Spring is in the 17th District of Whereas, Noted for his honesty and integ- mize those costs. I urge all of my colleagues Texas which I am privileged to represent here rity, Mr. Ivie has earned the respect and friendship of his colleagues; and to join me in supporting this legislation. in the House. Whereas, Well known in his profession, he f Joseph ``Joe'' Pickle, a retired editor of the has been honored several times: he was Big Spring Herald who, for more than 46 named Engineer of the Year by the Permian PERSONAL EXPLANATION years, has chronicled the history of the Colo- Basin Chapter of the Texas Society of Pro- rado River Municipal Water District. Joe has fessional Engineers in 1964; Conservationist SPEECH OF worked very hard on behalf of the water dis- of the Year for 1986 by the Texas Water Con- HON. JANE HARMAN trict, and has served as the only secretary- servation Association and Man of the Year in treasurer they have ever had. In addition, he 1986 by the Big Spring Area Chamber of Com- OF CALIFORNIA merce; and IN THE HOUSE OF REPRESENTATIVES has been a tireless advocate for the Big Whereas, This distinguished gentleman Spring community and plays an active role in Thursday, June 29, 1995 was presented the Service to the People civic affairs. Award by the Texas Section of the American Ms. HARMAN. Mr. Speaker, I was unavoid- Clyde McMahon, Sr., a long-time Big Spring Society of Civil Engineers in October, 1986, ably detained and missed rollcall vote Nos. resident who served as the operator of was named president of the Texas Water 445 and 446 on H.R. 1868. McMahon Concrete for more than 25 years. Conservation Association in 1988, and in 1990, Had I been present, I would have voted During Clyde's service with the Colorado Mu- was named Outstanding West Texan by the Texas Chamber of Commerce; and `àye'' on rollcall No. 445, and ``no'' on rollcall nicipal Water District, no city under its jurisdic- Whereas, Upon completion of the district’s No. 446. tion ever had to curtail or ration the use of Stacy project in 1990, the Colorado River Mu- f water. In addition to his invaluable service to nicipal Water District’s Board of Directors the water district, he has donated his time and named the reservoir in honor of Mr. Ivie, PERSONAL EXPLANATION OF leadership skills to numerous civic and com- who had overseen the arduous process relat- VOTE ON HOYER AMENDMENT munity activities. ing to the permitting of what is now know as ON H.R. 1561 the O. H. Ivie Reservoir; and After 31 years of loyal service to the public, Whereas, Throughout his long and success- John L. Taylor is retiring as a member of the ful career, he has been supported and sus- HON. WILLIAM F. CLINGER, JR. board of the Colorado River Municipal Water tained by his lovely wife, Yvonne, and their OF PENNSYLVANIA District. With John's guidance, the district un- three daughters; and Whereas, The State of Texas has benefited IN THE HOUSE OF REPRESENTATIVES derwent a $40 million expansion, and he provided outstanding leadership when he served enormously from the wisdom and expertise Friday, June 30, 1995 as president during the completion of the Lake of this illustrious public servant, and he is Mr. CLINGER. Mr. Speaker, on June 8, I certainly deserving of legislative recogni- Ivie Reservoir and pipeline project. John has tion; now, therefore, be it voted ``No'' on rollcall No. 362, an amendment given generously of his time to other worthy Resolved, That the Senate of the State of offered by Mr. HOYER to the American Over- community activities. Texas, 74th Legislature, hereby commend the seas Interests Act of 1995. Mr. HOYER's Owen H. Ivie is a well-known engineer and life of service of Owen H. Ivie and congratu- amendment declares that the United States public servant, and has garnered numerous late him on his well-deserved retirement; supports the efforts of the Government of the awards relating to his profession. His leader- and, be it further Republic of Bosnia and Herzegovina to defend ship in obtaining a permit for a reservoir was Resolved, That a copy of this Resolution be prepared for him as an expression of the itself against aggression, and directs the so appreciated by the Colorado River Munici- highest esteem of the Texas Senate. President to lift the arms embargo against the pal Water District board of directors that they Bosnian government. As you recall, the named the reservoir the `Ò.H. Ivie Reservoir'' SENATE RESOLUTION amendment passed 318±99. in his honor. His knowledge and expertise, as Whereas, The Senate of the State of Texas Like my colleagues in the House, I am trou- demonstrated by a long and successful ca- is pleased to recognize Joseph ‘‘Joe’’ Pickle bled by the horrific violence and blatant reer, have certainly made him worthy of legis- on the momentous occasion of his retirement human rights abuses in the Balkans and frus- lative recognition. as secretary-treasurer of the Colorado River trated by the continued failure to find a peace- Mr. Speaker, I respectfully request that the Municipal Water District; and Whereas, The Colorado River Municipal ful resolution to the conflict. Furthermore, I Texas Senate resolutions honoring these four Water District was created by the 51st Legis- share my colleagues' good intentions of see- outstanding individuals be included in today's lature on May 31, 1949; since that time, with ing the devastating war in Bosnia come to an CONGRESSIONAL RECORD. I would also like to no local, state, or federal taxes levied for the end or at least allowing the Bosnian govern- thank and commend them for their dedicated funding of any district project, the Colorado ment to defend itself against Serbian aggres- service to Big Spring and to the great State of River Municipal Water District has devel- sion. Texas. oped three reservoirs along the Colorado River in West Texas to help ensure a long- However, I feel it would not be wise to act SENATE RESOLUTION term water supply for the region; and on this matter over the objections of our Whereas, The Senate of the State of Texas Whereas, For more than 46 years, this out- NATO allies in Europe who remain opposed to is proud to pay tribute to Owen H. Ivie on standing gentleman has chronicled the his- lifting the arms embargo against Bosnia. the auspicious occasion of his retirement tory of the water district; he has served as Given that it is their troops who are on the line from the position of general manager of the the only secretary-treasurer of the Colorado and that a rapid escalation in fighting would Colorado River Municipal Water District; River Municipal Water District and has at- and tended 316 out of a total of 324 meetings; and put our friends in Europe in harm's way, I can- Whereas, The Colorado River Municipal not support lifting the arms embargo at this Whereas, He attended the first organiza- Water District was created in 1949; since that tional meeting of the district in 1946 as an time. In all, I am convinced that the United time, with no local, state, or federal taxes employee of the Big Spring Herald; Joe Pick- States should work with NATO before making involved in the funding of any district le has been on the job ever since; he retired any dramatic shift in our policy toward Bosnia. project, the Colorado River Municipal Water from the newspaper as its editor in 1975 and To do otherwise will only weaken our valuable District has developed three reservoirs along continued to serve the district by taking on alliance with NATO. the Colorado River in West Texas to help en- the additional duties of media liaison as well sure a long-term water supply for the region; f as serving as secretary-treasurer; and and Whereas, Concerned about the well-being HONORING JOSEPH PICKLE, CLYDE Whereas, As a promising young man Owen of the residents of West Texas, he has been Ivie joined the water district on January 1, active in the on-going promotion of Big MCMAHON, SR., JOHN TAYLOR, 1953, after having served as project super- Spring, West Texas, and the Colorado River AND OWEN IVIE intendent for Freese and Nichols on the Lake Municipal Water District; and Thomas project; his talents and abilities Whereas, A former president of the Big HON. CHARLES W. STENHOLM were quickly recognized, and he rose rapidly Spring Area Chamber of Commerce, he has through the ranks; and OF TEXAS also been recognized by that organization as Whereas, He became assistant general Man of the year; and IN THE HOUSE OF REPRESENTATIVES manager in 1958; on April 22, 1965, this exem- Whereas, A man who believes in giving Friday, June 30, 1995 plary public servant was named general man- back to his community, he has been instru- ager; and mental in many community projects; and Mr. STENHOLM. Mr. Speaker, the Texas Whereas, Characteristics of his tenure are Whereas, A longtime supporter of Boy State Senate recently passed resolutions hon- ability, responsiveness, and commitment to Scouts, he has been presented the Silver Bea- oring four of its native sons who reside in Big do what is best for the citizens of Texas; and ver Award, scouting’s highest honor; he is E 1374 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 also a past Scoutmaster of Troop One, the Big Spring who is retiring after 31 years of is not due to lack of research. Since 1971, the first troop west of the Mississippi; and loyal service on the Board of the Colorado DEA has registered 1,605 applicants as quali- Whereas, A man of deep religious convic- River Municipal Water District; and fied to do research with marijuana. tions, he has been an active member of the Whereas, Following its creation in 1949, the First Baptist Church of Big Spring and has Colorado River Municipal Water District de- With the drug problem growing at tremen- served as president of the church board of veloped three reservoirs along the Colorado dous rates, we must not legitimize marijuana trustees; and River in West Texas to help ensure a long- by using it in our hospitals. As Constantine Whereas, The State of Texas has benefited term water supply for the region; the district states: enormously from the service, wisdom, and now serves a number of cities in a 32-county At a time when drug use represents a expertise of this eminent public servant, and area that totals 450,000 persons; and major threat to our society, in particular he is truly worthy of legislative recognition; Whereas, John Taylor joined the board of our youth, it is extremely important to rely now, therefore, be it the Colorado River Municipal Water District upon sound medical studies rather than an- Resolved, That the Senate of the State of in 1964 and in 1983 became the district’s ecdotal information to determine the proper Texas, 74th Legislature, hereby applaud the fourth president; and place of marijuana under the Controlled Sub- career of service of Joseph ‘‘Joe’’ Pickle and Whereas, A talented and resourceful indi- stances Act. congratulate him on his well-deserved retire- vidual, he has shared in the direction of over ment; and, be it further $40 million worth of district expansion, and f Resolved, That a copy of this Resolution be it was during his tenure as president that the prepared for him as an expression of the district’s Lake Ivie Reservoir and pipeline THE INDEPENDENT CONTRACTOR highest regard of the Texas Senate. projects was completed; the district capacity TAX SIMPLIFICATION ACT: FAIR- now totals 1.247 million acre-feet of per- NESS FOR SMALL BUSINESSES SENATE RESOLUTION mitted storage on the Colorado River; and AND WORKERS Whereas, It is indeed fitting and appro- Whereas, While serving on the board, Mr. priate for the Senate of the State of Texas to Taylor handled his responsibilities with ex- pay tribute to Clyde McMahon, Sr., of Big ceptional skill and dedication, and his work HON. JON CHRISTENSEN Spring on the momentous occasion of his re- included chairing the Colorado River Munici- OF NEBRASKA pal Water District’s personnel committee tirement from 22 years of distinguished serv- IN THE HOUSE OF REPRESENTATIVES ice with the Colorado River Municipal Water and serving on the water rate committee; District; and and Friday, June 30, 1995 Whereas, Throughout his long and dedi- Whereas, An exemplary gentleman and a cated career, Mr. McMahon has served effec- leader in his community, John Taylor served Mr. CHRISTENSEN. Mr. Speaker, today I tively and conscientiously to the benefit of as president of the Big Spring Area Chamber am introducing the Independent Contractor the citizens of West Texas; since 1952, no city of Commerce and was recognized as its Man Tax Simplification Act. My bill, which has 100 served by the Colorado Municipal Water Dis- of the Year; he also served as a city council original cosponsors, is designed to remedy the trict has ever curtailed or rationed the use of member and as mayor pro tem of the City of concern which received the most votes of any water; and Big Spring; and issue at the White House Conference on Whereas, Created on May 31, 1949, the Colo- Whereas, As a member of the Board of the Colorado River Municipal Water District, Small Business earlier this month. In a nut rado River Municipal Water District has de- shell, the bill clarifies the difference between veloped three reservoirs along the Colorado John Taylor has contributed greatly to the River in West Texas to help ensure a long- welfare of the communities in the district’s contractors and employees in Federal tax law. term water supply for the region; directors area, and his presence on the board will be Today, the IRS uses a 20-factor test to dis- of the district are appointed by the member missed by his colleagues and by the citizens tinguish an independent contractor from a full- cities and revenue bonds finance all projects of West Texas; now, therefore, be it time employee. This archaic policy has caused with no local, state, or federal taxes involved Resolved, That the Senate of the State of small businesses endless problems. First of in the funding of any district project; and Texas, 74th Legislature, hereby commend John Taylor on his many years of distin- all, the test is confusing enough to foil good- Whereas, In the beginning, the three-mem- faith efforts to put individuals in one category ber cities of Big Spring, Odessa, and Snyder guished service with the Colorado River Mu- had a combined population of 56,000; today, nicipal Water District and extend to him or the other. Second, the confusion gives the the water district serves a 32-county area best wishes for the retirement years ahead; IRS the power to force whole classes of work- that totals 450,000 persons; and and, be it further ers from one category to the other. It has hap- Whereas, Mr. McMahon moved to Big Resolved, That a copy of this Resolution be pened to truckers, to paper-delivery people, to Spring in 1953 after working on a highway prepared for him as an expression of esteem travel agents, to hard-working people from project at Sterling City and, for nearly 25 from the Texas Senate. every walk of life. years, operated McMahon Concrete before f Mentioning the tortured distinction between turning over the management of the company to his son in 1977; and DRUG ENFORCEMENT ADMINIS- employees and contractors is a sure-fire way Whereas, Through the years, Clyde TRATION OPPOSES THE USE OF to infuriate Main Street business people. They McMahon has become deeply involved in MARIJUANA AS MEDICINE are the ones who can't afford the fancy law- civic and community affairs freely offering yers and CPA's it takes to out-guess the IRS. his time and expertise; he served as president And when you're in a gray area, you're in trou- of the school board and was a two-term HON. GERALD B.H. SOLOMON ble no matter how much you spendÐbecause president of the Young Men’s Christian Asso- OF NEW YORK the IRS can decide differently on two seem- ciation; he was head of the United Way, the IN THE HOUSE OF REPRESENTATIVES ingly identical cases. This has wreaked havoc American Business Club, and the Texas Ready-Mix Association and worked on the Friday, June 30, 1995 on businesses across the country. Industrial Foundation; and Mr. SOLOMON. Mr. Speaker, in a June 21, For these and other reasons, clarifying tan- Whereas, A former president and director information release the Drug Enforcement Ad- gled Federal tax provisions with respect to the of the Big Spring Area Chamber of Com- ministration [DEA] denounced a recent article distinction between full-time employee and merce, the esteemed gentleman was named independent contractor status has emerged as ‘‘Man of the Year’’ of the organization in 1974 in the Journal of the American Medical Asso- ciation [JAMA] which advocated the use of the top priority of the Nation's small business in honor of his notable contributions to his community. As I mentioned, this month the community; now, therefore, be it marijuana for medicinal purposes. Thomas Resolved, That the Senate of the State of Constantine, administrator of the DEA, stated: White House Conference on Small Business Texas, 74th Legislature, hereby express its I am very concerned about the JAMA com- gave the most votes of any issue to the inde- deepest admiration to Clyde McMahon, Sr., mentary that advocates the medical use of pendent contractor issue. Think about that: of for his invaluable accomplishments during marijuana. Marijuana is listed as Schedule I the hundreds of items that the small business his years of service with the Colorado River under the Controlled Substance Act because community needs, this single issue emerged Municipal Water District and extend best it has a high potential for abuse and no cur- as the first order of business for policy mak- wishes to him for a most rewarding retire- rently accepted medical use. ers. It sent me a strong message when the ment; and, be it further Nebraska delegation of the Conference told Resolved, That a copy of this Resolution be There is very little evidence of positive me- prepared for him as an expression of the dicinal uses of marijuana. According to Con- me this topped their list, as well. highest regard of the Texas Senate. stantine, organizations such as the American My bill will substitute a new, far simpler set Glaucoma Society have expressed ``concern of criteria for determining who is not an em- SENATE RESOLUTION over the harmful effects of marijuana and the ployeeÐa new approach to an old problem. Whereas, The Senate of the State of Texas lack of solid research demonstrating that its Today's law paints a dizzying portrait of every takes pride in recognizing John L. Taylor of use would do more good than harm.'' And this possible factor which would make someone an June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1375 employee. This bill would instead sketch clear- ‘‘(1) the service provider— which is owned in whole or in part by the ly and starkly who would qualify as an inde- ‘‘(A) has a principal place of business, service provider.’’ ‘‘(B) does not primarily provide the service pendent contractor for tax purposes. By defin- (b) CLERICAL AMENDMENT.—The table of in the service recipient’s place of business, or ing the restricted classÐcontractorsÐinstead ‘‘(C) pays a fair market rent for use of the sections for chapter 25 of such Code is of the general classÐemployeesÐmy bill service recipient’s place of business; or amended by adding at the end the following avoids laying out a labyrinth of rules. Once the ‘‘(2) the service provider— new item: distinction is clarified, the problem should all ‘‘(A) is not required to perform service ex- ‘‘Sec. 3511. Standards for determining wheth- but disappear. clusively for the service recipient, and er individuals are not employ- ‘‘(B) in the year involved, or in the preced- I plan to press this legislation in Ways and ees.’’ ing or subsequent year— Means and hope Chairman ARCHER will bring ‘‘(i) has performed a significant amount of it up as soon as possible. And let me just say (c) EFFECTIVE DATE.—The amendments service for other persons, made by this Act shall apply to services per- this too: I believe that with the groundswell of ‘‘(ii) has offered to perform service for formed after December 31, 1995. support this bill is already getting, including other persons through— the backing of seven committee chairmen and ‘‘(I) advertising, f 14 Ways and Means members, we will pass it ‘‘(II) individual written or oral solicita- in this Congress. tions, NATIONAL LITERACY DAY 1995 ‘‘(III) listing with registries, agencies, bro- H.R. 1972 kers, and other persons in the business of Be it enacted by the Senate and House of Rep- providing referrals to other service recipi- resentatives of the United States of America in ents, or HON. DONALD M. PAYNE Congress assembled, ‘‘(IV) other similar activities, or OF NEW JERSEY SECTION 1. SHORT TITLE. ‘‘(iii) provides service under a business This Act may be cited as the ‘‘Independent name which is registered with (or for which IN THE HOUSE OF REPRESENTATIVES Contractor Tax Simplification Act of 1995’’. a license has been obtained from) a State, a SEC. 2. FINDINGS. political subdivision of a State, or any agen- Friday, June 30, 1995 The Congress finds that: cy or instrumentality of 1 or more States or (1) Simplifying the tax rules with respect political subdivisions. Mr. PAYNE of New Jersey. Mr. Speaker, I to independent contractors was the top vote- ‘‘(d) WRITTEN DOCUMENT REQUIREMENTS.— am pleased to ask my colleagues to join me getter at the 1995 White House Conference on For purposes of subsection (a), the require- in observance of National Literacy Day on July ments of this subsection are met if the serv- Small Business. Conference delegates rec- 2, 1995. As we move into a technologically ommended that Congress ‘‘should recognize ices performed by the individual are per- the legitimacy of an independent contrac- formed pursuant to a written contract be- advanced, 21st century economy, it is impera- tor’’. The Conference found that the current tween such individual and the person for tive that the American people are equipped common law is ‘‘too subjective’’ and called whom the services are performed, or the with the tools they will need to navigate in upon the Congress to establish ‘‘realistic and payor, and such contract provides that the such a milieu. Basic literacy is a fundamental consistent guidelines’’. individual will not be treated as an employee prerequisite to survival in our rapidly-develop- with respect to such services for purposes of (2) It is in the best interests of taxpayers ing world. While literacy does not guarantee and the Federal Government to have fair and this subtitle. objective rules for determining who is an ‘‘(e) SPECIAL RULES.—For purposes of this success and prosperity in a third wave culture, employee and who is an independent contrac- section— illiteracy does forbode a life of poverty and de- tor. ‘‘(1) If for any taxable year any service re- spair. cipient or payor fails to meet the applicable SEC. 3. STANDARDS FOR DETERMINING WHETH- When 30 million Americans cannot read, ER INDIVIDUALS ARE NOT EMPLOY- reporting requirements of sections 6041(a), EES. 6041A(a), or 6051 with respect to a service and over 42 million are functionally illiterate, (a) IN GENERAL.—Chapter 25 of the Internal provider, then, unless such failure is due to we are relegating these individuals to a life on Revenue Code of 1986 (general provisions re- reasonable cause and not willful neglect, this the cusp of viability and hopelessness. Fur- lating to employment taxes) is amended by section shall not apply in determining thermore, through the economic whether such service provider shall not be adding after section 3510 the following new underemployment that an illiterate populace section: treated as an employee of such service recip- engenders, we are continuing to underutilize ‘‘SEC. 3511. STANDARDS FOR DETERMINING ient or payor for such year. WHETHER INDIVIDUALS ARE NOT ‘‘(2) If the service provider is performing the resources which we possess. As a result, EMPLOYEES. services through an entity owned in whole or by the year 2000, we will need to retrain 50 ‘‘(a) GENERAL RULE.—For purposes of this in part by such service provider, then the million workers to enable them to compete in subtitle, and notwithstanding any provision references to ‘service provider’ in sub- the new economy. Additionally, the Nation will of this subtitle to the contrary, if the re- sections (b) through (d) may include such en- quirements of subsections (b), (c), and (d) are tity, provided that the written contract re- spend over 225 billion dollars per annum be- met with respect to any service performed by ferred to in paragraph (1) of subsection (d) cause of the insufficiencies of illiterate work- any individual, then with respect to such may be with either the service provider or ers. such entity and need not be with both. service— Over the past 10 years, we recognized our ‘‘(1) the service provider shall not be treat- ‘‘(f) DEFINITIONS.—For the purposes of this ed as an employee, section— commitment to literacy through a nationally ‘‘(2) the service recipient shall not be ‘‘(1) SERVICE PROVIDER.—The term ‘service observed Literacy Day. Today, I ask that we treated as an employer, and provider’ means any individual who performs recognize July 2, 1995 as a day in which we ‘‘(3) the payor shall not be treated as an service for another person. both praise the efforts of those who have employer. ‘‘(2) SERVICE RECIPIENT.—Except as pro- worked to increase our national reading ca- ‘‘(b) SERVICE PROVIDER REQUIREMENTS vided in paragraph (5), the term ‘service re- pacity, and promote awareness of the short- WITH REGARD TO SERVICE RECIPIENT.—For cipient’ means the person for whom the serv- the purposes of subsection (a), the require- ice provider performs such service. comings continually inherent in our edu- ments of this subsection are met if the serv- ‘‘(3) PAYOR.—Except as provided in para- cational system. ice provider, in connection with performing graph (5), the term ‘payor’ means the person For example, in my home State of New Jer- the service— who pays the service provider for the per- ‘‘(1) has a significant investment in assets formance of such service in the event that sey, project Focus on Literacy, spearheaded and/or training, the service recipients do not pay the service by executive director Caryl Mackin-Wagner ‘‘(2) incurs significant unreimbursed ex- provider. has worked tirelessly to increase statewide lit- penses, ‘‘(4) IN CONNECTION WITH PERFORMING THE eracy. However, on the other hand, in New ‘‘(3) agrees to perform the service for a par- SERVICE.—The term ‘in connection with per- Jersey alone, there are over 800,000 people ticular amount of time or to complete a spe- forming the service’ means in connection or who are illiterate, and countless others who cific result and is liable for damages for related to— early termination without cause, ‘‘(A) the actual service performed by the suffer from functional illiteracy. ‘‘(4) is paid primarily on a commissioned service provider for the service recipients or This kind of awareness of both our suc- basis, or for other persons for whom the service processes and failures is crucial if we, as a Na- ‘‘(5) purchases products for resale. vider has performed similar service, or tion, hope to triumph over illiteracy. Therefore, ‘‘(c) ADDITIONAL SERVICE PROVIDER RE- ‘‘(B) the operation of the service provid- QUIREMENTS WITH REGARD TO OTHERS.—For er’s trade or business. Mr. Speaker, I ask that we again observe Na- the purposes of subsection (a), the require- ‘‘(5) EXCEPTIONS.—The terms ‘service recip- tional Literacy Day on July 2, and continue our ments of this subsection are met if— ient’ and ‘payor’ do not include any entity arduous journey toward a literate America. E 1376 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 RECOGNITION OF FRY METALS OF of Port ElizabethÐnow a part of ElizabethÐin his defeat, and died in 1862 from an overdose ALTOONA, PA 1832. Representative Lee was the third top of morphine evidently administered by mis- vote-getter in the State with over 24,000 take. HON. BUD SHUSTER votes, entitling him to 1 of New Jersey's 5 Union County sent its first resident in over OF PENNSYLVANIA congressional seats. Born in Philadelphia in three decades to Congress in 1872 with the election of Amos Clark of Elizabeth. Born in IN THE HOUSE OF REPRESENTATIVES 1780, Representative Lee moved to Port Eliz- abeth in 1805 and became a merchant, ship- Brooklyn in 1828, Clark moved to Elizabeth Friday, June 30, 1995 builder, and landowner. His public life began and established himself in the real estate busi- Mr. SHUSTER. Mr. Speaker, I rise today to in 1813, when he became judge of the court ness, where he became one of the largest recognize one of the major employers in my of common pleas. In 1814, he was elected to landowners in the city. He was also the found- district, Fry Metals of Altoona, PA. An em- the New Jersey General Assembly and served er of the First National Bank of Elizabeth. His ployer of over 210 men and women, they spe- one term. Elected as a Jacksonian Democrat first foray into politics was as a member of the cialize in the production and sale of solder and to Congress when that party swept every seat Elizabeth City Council from 1865 to 1866. Aquaclean non-lead metal used for pewter in the New Jersey delegation, he rose after his From there, he served in the State Senate for statues and figurines. In fact, Fry Metals is the reelection in 1834, this time coming in fourth one term, 1866±69, before being elected 3 largest tin-lead fabrication center under one place, to chairman of the Committee on Ac- years later as a Republican to the 43d Con- roof in the world. Annual sales exceed $40 counts. He returned to Port Elizabeth after his gress. million. Founded in 1979, it has come to rep- service in Congress and founded the Port Eliz- Although he would only serve one term, he resent the highest quality workmanship in its abeth Library and Academy. He died in Port was defeated for reelection by Miles Ross, the field with the ability to service the entire U.S. Elizabeth in 1856. Democratic mayor of New Brunswick, Con- solder market. Serving briefly with Congressman Lee in the gressman Clark's legislative record was not While it is a leader in the field of metal pro- 24th Congress was William Chetwood, a unremarkable. He introduced seven bills as a duction, Fry Metals is also leader in the com- member of the Whig Party from Elizabeth. freshman legislator, but only spoke on the munity as well. Understanding the need to Representative Chetwood won a special elec- House floor once, regarding amending the Na- service more than its customers, Fry Metals tion to fill the vacancy created by Philemon tional Currency Act. One of the bills he spon- has gone out of its way to service the commu- Dickerson of Paterson, who was elected Gov- sored was to improve the channel between nity. Fry Metals is a company of the highest ernor of New Jersey in 1836. Representative Staten Island and Elizabeth, an issue I expect integrity whose commitment to public service Chetwood was sworn in to the House on De- to address as a member of the House Water is a tribute to itself and to my district. cember 5, 1836. His tenure in Congress was Resources and Environment Subcommittee. Recently Fry Metals showed us that it is extremely brief, lasting less than 3 months. Representative Clark did manage to get one also a leader in our Nation. Inola Casting During his service in Congress, he served on bill he introduced passed in the House, a bill Works designed a pin commemorating the the House Committee on Public Expenditures. incorporating the Washington Market Co. Un- tragic bombing of the Alfred P. Murrah Federal Because of his short tenure in the House, and fortunately for him, this legislation died in the Building in Oklahoma City. The intent of this also because it was customary at this time for Senate. After leaving Congress, Congressman Clark project was to sell the pins and donate the freshmen not to make speeches on the House moved to Norfolk County, MA, but retained funds to the 75 children who lost parents in floor, Representative Chetwood did not partici- business interests in Elizabeth. He died in this tragedy. As Inola Casting Works is one of pate in floor debate or introduce legislation. Before coming to Congress, Representative Boston in 1912, and is buried in Elizabeth. Fry Metals largest clients, the company stood Union County's next native in Congress was Chetwood was a lawyer, and served in the to make a sizable profit from this venture. In- John Kean. The Kean family name is familiar Whiskey Rebellion of 1794 as an aide-de- stead, Fry Metals selflessly donated all the to all New Jerseyans, as the Keans have a camp to Maj. Gen. Henry Lee. After Rep- metal involved in making these pins to Inola long and distinguished history of service of resentative Chetwood's short service in Con- Casting. To date, the sale of these pins has their country. John Kean won election to the gress, he returned to Elizabeth to resume his raised over $100,000 for the victims of this House in 1882 by defeating incumbent Miles tragedy. law practice. He died in 1857. With the departure of Representatives Ross with 48.2 percent of the vote. Represent- I applaud the actions of Fry Metals. It is a ative Kean was born in 1852 at Ursino, the Chetwood and Lee from Congress, Union company that continually works to improve its Kean ancestral estate in Union Township. County was again without a favorite son in ei- standing in the marketplace, in the community Ursino is now called Liberty Hall, and it was ther body of Congress until 1873. During this and in the Nation. I thank Fry Metals for its ef- originally the home of New Jersey's first Gov- period of 36 years, House Members who rep- forts in response to the Oklahoma City trag- ernor, William Livingston. edy, and wish the company best of luck and resented the Union County area tended to be Representative Kean was educated at Yale continued success in the future. either from New Brunswick to the south, or University and Columbia Law School. Al- f Newark or Jersey City to the north. though a lawyer, he was primarily interested in One notable House Member who was not a banking and manufacturing. A BRIEF HISTORY OF UNION resident but represented Union County during During Representative Kean's first term in COUNTY, NJ, RESIDENTS WHO this time was William Pennington of Newark. the House, he was appointed to serve on the SERVED IN CONGRESS, 1833–1911 Elected in 1858, Representative Pennington House Public Building and Grounds Commit- took the seat previously held by his cousin Al- tee, and the House Banking and Currency HON. BOB FRANKS exander Cumming McWhorter Pennington. Committee. He spoke on the floor twice during OF NEW JERSEY Representative Pennington has the distinction his freshman term, on Chinese immigration IN THE HOUSE OF REPRESENTATIVES of being both the last Speaker to represent and a rivers and harbor appropriations bill. Union County in the House, and also the last Friday, June 30, 1995 The bills Representative Kean sponsored in- Speaker to fail to be reelected before Speaker cluded eight private relief bills, as well as a bill Mr. FRANKS of New Jersey. Mr. Speaker, Tom Foley's defeat last yearÐPennington to protect Atlantic fisheries, a bill regarding with Representative Erza Darby's passing in would lose after one term of Nehemiah Perry bankrupt municipalities, and a bill concerning 1808, no natives of Union County were sent to in 1860 by 398 votes. Apparently, Representa- pensions for prisoners-of-war. either body of Congress until the 23d Con- tive Pennington's main qualification for Speak- Representative Kean's early congressional gress in 1833. While greater Elizabeth may er was his unknown position on the top issue career was twice interrupted by his lack of have qualified for its own seat by modern of the day, slavery. On the eve of the Civil success at the polls. In 1884, he was unsuc- standards of apportioning congressional dis- War, Representative Pennington was elected cessful in his bid for reelection against Robert tricts by population, under New Jersey's meth- Speaker as the least objectionable com- S. Green, garnering 46 percent of the vote. od of electing its House Members at-large, it promise candidate. A deadlocked House spent Like Representative Kean, Robert S. Green was entirely a hit-or-miss proposition. This 8 weeks debating and balloting before electing was also a Union County resident. Born in method of electing House Members statewide Representative Pennington on the 44th ballot Princeton in 1831, he attended Princeton Uni- was abandoned by New Jersey in 1843 pursu- by voice vote. As a freshman Member, he versity, studied law, and established his legal ant to the Congressional District Act, which proved to be a less-than-adequate Speaker, practice in Elizabeth, where he was active in passed Congress on November 11, 1842. and utterly ignorant of parliamentary proce- Democratic politics. Union County's dearth of citizens in Con- dure to the point of reportedly asking the ad- While in Congress, Representative Green gress ended with the election of Thomas Lee vice of a page. He returned to Newark after served on the Committee on Elections and the June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1377 Committee on Private Land Claims. He intro- gress, Representative Dunn served on the Vermont, where a town is named for him. In duced 25 bills, 20 of which were private relief Committee on Claims. He reintroduced Rep- 1918, he published a comprehensive book on bills, mainly concerning pensions. The public resentative Green's bill to build a Federal currency. bills he introduced included legislation to erect building in Elizabeth, and also sponsored two Fowler moved to Orange in 1930, and died a public building in Perth Amboy and Eliza- private relief bills. there in 1932. He is interred at Fairview Cem- beth, respectively. As a member of the House Transportation etery in Westfield. Representative Green served only one term and Infrastructure Committee, I found it inter- f in the House. Instead of seeking reelection to esting to discover that Representative Dunn the House, Representative Green ran and won was very active in advocating public works PERSONAL EXPLANATION the governorship of New Jersey with 47.4 per- projects for New Jersey. For example, Rep- cent of the vote. He resigned his seat in Con- resentative Dunn participated in the debate on HON. NANCY PELOSI gress to assume New Jersey's highest office whether to build a bridge across the Hudson OF CALIFORNIA on January 17, 1887. River, connecting New Jersey and New York IN THE HOUSE OF REPRESENTATIVES After serving one term as Governor, Rep- City. Dunn also sponsored legislation to build Friday, June 30, 1995 resentative Green served as vice-chancellor of a drawbridge across Newark Bay, connecting Ms. PELOSI. Mr. Speaker, on June 20, the New Jersey, and as a judge. He died in Eliza- Elizabeth and Bayonne. Similar legislation to House adopted House Resolution 168, creat- beth in 1895. Dunn's bill would pass the House under his ing a Corrections Day calendar. I was mistak- Representative Kean came back and was leadership. Unfortunately, this bill, which would enly recorded as having voted ``Yes'' on this reelected to the House in 1886, again with ap- have built what could be considered a forerun- resolution. My vote should have been re- proximately 46 percent of the vote. In his sec- ner of what many of my constituents call the corded as ``No'' on the adoption of House ond term, Representative Kean reintroduced Turnpike Bridge, died in the Senate. his bill to protect Atlantic fisheries, reintro- Representative Dunn was denied a second Resolution 168. duced Representative Green's bill to erect a term by the voters, losing in a landslide with f public building in Perth Amboy, and also intro- 38.6 percent of the vote. After his single term GRAVESITE OF UNKNOWN REVO- duced a bill to aid the Stevens Institute of in Congress, Dunn returned to Elizabeth and LUTIONARY WAR VETERAN TO Technology. resumed his law practice. He died in Elizabeth HONOR ALL UNKNOWN VERMONT Representative Kean lost his House seat for in 1907. SOLDIERS the final time in 1888 to Jacob A. Representative Dunn's career on Capitol Hill Geissenhainer, a Democrat from Freehold. In was abruptly ended by Charles N. Fowler, his 1892, he ran and lost a race for Governor to Republican opponent and fellow Elizabeth HON. BERNARD SANDERS George T. Werts, garnering 47 percent of the resident. Representative Fowler was born in OF VERMONT vote. His political fortunes changed in 1899, Lena, IL in 1852 and attended public schools. IN THE HOUSE OF REPRESENTATIVES however, when Representative Kean returned Fowler was well-educated, garnering degrees Friday, June 30, 1995 to Congress yet again, this time as a U.S. from Yale and the law school at the University Mr. SANDERS. Mr. Speaker in 1935 in Senator. of Chicago. He left the law for banking, how- Plymouth, VT, the grave of an unknown sol- During Kean's tenure in the Senate, he ever, and helped to organize the Equitable dier in the American Revolutionary War was would serve on the Committee on Claims and Banking Co. in 1886, and became its presi- discovered. It was found on land owned by a the Committee on Foreign Relations. Later in dent in 1887. To pursue his business inter- nature conservancy. That year the Daughters his first term, he chaired the Committee on the ests, Fowler moved east in 1883, settling in of the American Revolution placed a marker Geological Survey from 1901±1903Ðthis com- the quaint little township of Cranford, which and a flag at the grave. mittee was abolished in 1921Ðand later had only incorporated 13 years before. After Today, it is my honor to introduce legislation served as the chairman of the Committee to living in then-rural Cranford for 8 years, he to authorize the President to award the Medal Audit and Control the Contingent Expense of moved to Elizabeth in 1891. of Honor to the Unknown Vermonter who gave the Senate. He was reelected in 1905, and After his election in 1894, Fowler would be his life while serving in the Continental Army served until his retirement in 1911. He died in reelected to the seven succeeding Con- in the American War of Independence. This 1914. gresses, averaging 54 percent of the vote. tribute is especially fitting now that the Ver- In between John Kean's House and Senate Early in his congressional career, Fowler pri- mont legislature has approved legislation des- stints, reapportionment created an open con- marily introduced legislation that had local ignating this unknown soldier's gravesite as an gressional seat in Union County for the 1892 rather than national implications. For example, official site to honor Vermont soldiers of all election. This seat was filled by Elizabeth resi- he reintroduced legislation previously intro- wars who never returned home and whose ul- dent John T. Dunn, who narrowly defeated his duced by Representative Green to build a timate fate is unknown. Representative opponent with 50.4 percent of public building in Elizabeth. He also introduced I also ask that two recent articles from Ver- the vote. With the exception of the 65th Con- legislation building on the work of Representa- mont newspapers be reprinted in the CON- gress (1917±1919), after Dunn's ascension to tive Dunn concerning a bridge over Newark GRESSIONAL RECORD to underscore the merit the House, Union County would never again Bay. Also in his first term, he sponsored a bill and significance of continuing to recognize the be bereft of having at least one of its citizens to improve the Rahway River, a small yet sce- profound sacrifice made by all American veter- in Congress. nic river that twists through Cranford. ans to secure and preserve our freedom. Representative Dunn was born in Tipperary, Fowler rose to become chair of the Commit- [From the Burlington Free Press, Apr. 8, Ireland in 1838. He and his father emigrated tee on Banking and Currency from 1901 to 1995] to America during the Irish potato famine 1909. He attracted national attention for his REVOLUTIONARY WAR SOLDIER HONORED when Dunn was 7 years old. His father placed pronounced opinions on financial matters and MONTPELIER.—An unnamed soldier buried him with a farmer for rearing and private tutor- as a relentless and uncompromising advocate in Plymouth after the Revolutionary War ing, but the young Dunn was unable to handle of currency reform. He had acrimonious dis- has been selected Vermont’s official un- the hardship of farm living, and he ran away agreements over the latter issue with such fig- known soldier following approval of a resolu- at age 11 to become a cabin boy on a trading ures as New York Senator Nelson H. Aldrich tion this week by the Vermont Senate. vessel in the West Indies. After this adventure, and Senator Kean. His most continuous com- The soldier, buried on land owned by a nature conservancy, is believed to have died as Representative Dunn returned to Elizabeth, bat, with Speaker Joe Cannon, eventually led he was returning from the Revolutionary was schooled at home, became a local busi- to his deposition from the chairmanship of the War. nessman, and entered public service as an Banking and Currency Committee. As my col- According to oral history, the soldier died Elizabeth alderman in 1878. The next year, he leagues may know, Speaker Cannon (R-IL) at a stream a few hundred yards from the was elected to the New Jersey general as- was perhaps the most powerful Speaker of the wooded knoll where he is buried. The grave sembly, where he attained the speakership of House ever, and would usually take tough ac- was exhumed in 1935, and a body was found. that body in 1882. tion against any dissident Republican Member. That year the Daughters of the American After Dunn left the Assembly in 1882, he In 1910, Fowler sought the Republican nom- Revolution placed a marker and a flag at the grave. decided to become a lawyer, and at the age ination for the U.S. Senate, but was denied. The designation honors Vermont soldiers of 44 was admitted to the bar and began prac- After leaving the House in 1911, Fowler re- of all wars who did not return home, said ticing in Elizabeth. A decade later, Dunn was sumed his banking activities in Elizabeth. He Rep. John Murphy, D-Ludlow, who intro- elected to the 53d Congress. While in Con- also successfully developed marble quarries in duced the resolution in the House, where it E 1378 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 was approved in February. A July 4 cere- ‘‘Nobody really does know what hap- Radio broadcasts ``Morning Edition'' and `Àll mony is planned at the gravesite near the pened,’’ Purinton said. But he believes one Things Considered'' from national public radio historic Crown Point Military Road in Plym- thing is certain about the soldier: ‘‘He was they also read the news in Hawaiian and pro- outh. doing his duty like Vermonters ever since.’’ vide the daily news from the Pacific. This is an If the House and Senate approve the reso- [From the Burlington Free Press, Mar. 1, lution, a July 4th ceremony is planned at the addition to the classical, jazz, blues, and sun- 1995] knoll where the soldier is buried and a sim- dry other programs that anyone can tune into VERMONT UNKNOWN SOLDIER MAY SERVE ple plaque will be erected. It would be the and enjoy. No other radio station provides AGAIN—LEGISLATURE CONSIDERS DESIGNA- first recognition of this kind in Vermont. such a variety of programs to its listeners. TION FOR GRAVE Maj. Gen. Donald Edwards, the state adju- Mr. Speaker, diversity strengthens and (By Molly Walsh) tant general, said that if the designation is brightens the fabric of our society. There is a PLYMOUTH.—A nameless Revolutionary made, no great influx of visitors to the site place for Hawaii Public Radio in our society War soldier who was buried in a remote, is anticipated. Other than the plaque, he and we must continue to support it. I com- wooded grave roughly 220 years ago may fi- does not expect any changes. mend this article to my colleagues and ask ‘‘We think it’s classic Vermont, why nally find an identity. that it be printed in the RECORD at this point. The soldier, believed to have died a few change it?’’ he said. ‘‘We are not going to [From the Maui News, Dec. 15, 1994] hundred yards from Vermont’s historic build any great big monuments or any- Crown Point Military Road as he returned thing.’’ However, the site’s remote beauty MAKING THE MAUI SCENE home from battle, will be designated Ver- could be its downfall. The path from the dirt (By Rick Chatenever) mont’s official unknown soldier if a resolu- road to the grave is uphill, rocky and over- Amazing—the Newt Age isn’t even upon us tion introduced Tuesday in the Legislature grown. It would be difficult for handicapped yet, but the media is already back as the tar- is approved. people to navigate. get of choice. From both sides. First White The designation would honor Vermont sol- That’s a major drawback, said John House Chief of Staff Leon Panetta likened diers of all wars who never returned home Bergeron, vice president of the Vietnam Vet- incoming Speaker of the House Newt Ging- and whose ultimate fate is unknown, said erans of America Chapter One in Rutland. rich to ‘‘an out-of-control radio talk-show Rep. John Murphy, D-Ludlow, who expects ‘‘A lot of veterans are getting up there in host.’’ Trying to become the Gingrich that the resolution to be discussed in the House age,’’ he said. ‘‘Certainly access to the place stole Christmas, Newt wasted no time sug- today. It would also give the forgotten sol- will be a problem.’’ gesting that the government should pull the dier, who is buried atop a secluded knoll But the solitude hanging in the air over plug on public broadcasting. overlooking the stream where he may have the grave covered by field stones and snow How easy it is to forget public taken his last drink, a place in history, even inspires contemplation of what put him broadcasting’s role in creating a climate if he lacks a name. there. And that makes the site special, said that made someone like Newt possible. True, ‘‘History reflects those people that have Scott McGee, president of the Wilderness it probably has something to do with his tal- given their utmost support and their lives in Corporation. ents (you’d be an over-achiever, too, if your some cases, and I think the young people of ‘‘It is touching to go there and to con- name was Newt). And it probably has some- the country should understand history on template what may have occurred and to thing to do with tapping into the mood of a the national level and the state level,’’ Mur- think about who may lie there and what he just plain irked nation. Hey, why can’t any- phy said. may have done,’’ McGee said. ‘‘There is a one figure out what’s wrong—? Hey, why The grave is located off Vermont 103, about sense of history that starts to surround you can’t anyone fix it—? one-half mile northeast of Lake Ninevah and when you go to the site.’’ But PBS was right there with the other just north of the Mount Holly-Plymouth f panel shows, ushering in the ‘‘don’t talk line. The land where it sits is owned by The while I’m interrupting!’’ shout fests that Wilderness Corporation, a Vermont con- PERSONAL EXPLANATIONS have now replaced TV analysis from Wash- servation group that owns 3,000 acres in the ington, D.C. insiders. area, which it opens to hiking, skiing and Is it politics, journalism or show busi- other recreational uses. HON. DAVE CAMP ness—? You be the judge. The players move The grave itself is one-third of a mile from OF MICHIGAN back and forth freely—Pat Buchanan leaves a branch of the historic Crown Point Mili- ‘‘Crossfire’’ to run for president, David IN THE HOUSE OF REPRESENTATIVES tary Road, today a patchwork of paths, town Gergen leaves ‘‘The MacNeil-Leher Report’’ roads and overgrown woods that is fre- Friday, June 30, 1995 to try to straighten out the Clinton White quently hiked by history buffs. Mr. CAMP. Mr. Speaker, I would like the House, Mary Matalin and James Carville run But during the French and Indian Wars, as opposing presidential campaigns, then go on well as the Revolutionary War, the 77-mile RECORD to show that I was not present on to live out their own Kathryn Hepburn-Spen- road was traveled by soldiers heading to Tuesday, June 27, due to the birth of my son, cer Tracy movie. strategic positions at Fort Ticonderoga and Andrew David. I would like to state for the When Al Gore debated Ross Perot on the Crown Point, N.Y. record that had I been present, I would have merits of NAFTA, they did it with all the The road, built from 1759 to 1760, stretches voted as follows: On rollcall vote No. 420Ð maturity of a couple of second graders, fin- from the Connecticut River on the east side ``Yes''; rollcall vote No. 421Ð``No''; rollcall vote gers in ears, taunting. ‘‘I’m rubber, you’re of the state to Lake Champlain on the west. glue . . .’’ There are several graves of Revolutionary No. 422Ð``No''; rollcall vote No. 423Ð``Yes''; In this climate, he with the longest wind War soldiers along and around the road and rollcall vote No. 424Ð``No''; rollcall vote No. wins, and the spoils go to the most bellicose. its many branches. 425Ð``Yes''; rollcall vote No. 426Ð``No''; roll- Rush rules the roost . . . but you can bet The grave that was chosen for the designa- call vote No. 427Ð``Yes''; Newt can’t wait to get into the act. tion was selected for its peaceful setting and f Before he does, I’d like to offer a few words because the oral history surrounding the sol- in praise of Hawaii Public Radio. dier’s death is compelling. HAWAII PUBLIC RADIO NPR, or PRI, or whatever it calls itself to That history, passed down for generations, try to stay out of Jesse Helms’ direct line of holds that the soldier was returning home sight, is where the dial of my car radio is from battle and stopped to drink at a stream HON. NEIL ABERCROMBIE most of the time. I quote it regularly. I bore with a comrade. He reportedly died on the OF HAWAII friends with stories of whatever obscure spot and was buried on the knoll overlooking IN THE HOUSE OF REPRESENTATIVES character has shown up as an interview sub- the stream. ject that day. A local landowner told the story to the Friday, June 30, 1995 KKUA is a magic link, from the two lane Rev. William Ballou of Chester. Ballou, who roads criss-crossing this island to . . . Every- was also a Boy Scout master, investigated Mr. ABERCROMBIE. Mr. Speaker, during where Else. Just mentioning names of NPR the site and confirmed the grave’s location this Congress we are going to have the oppor- voices—Bob Edwards, Cokie Roberts, Baxter on Oct. 19, 1935. A month later the Chester tunity to debate the vital role of public broad- Black, Click and Clack, Andre Codrescu, Bai- Boy Scouts cleared brush from the site and casting in the educational and cultural devel- ley White, Daniel Shore, Noah Adams, Garri- placed a wooden marker on the old road that opment of our Nation. son Keillor, Sylvia Pajoli, Neil Conan, Cory goes by the grave. That year the Daughters As we discuss this issue I want to share Flintoff, Nina Totenberg, even Frank Deford, of the American Revolution also placed a with my colleagues an article that was given to when he’s not getting to carried away with marker and a flag at the head of the grave. me earlier this year regarding the merits of na- the sound of his own voice—is enough to Whether the oral history is true, no one can draw smiles from those of us who share the be sure. But that does not matter to the Rev. tional public radio. Specifically, the author ex- habit. When I get together with friends from Charles Purinton Jr., chaplain and family tols the virtues of Hawaii Public Radio. Public the Mainland, we discover NPR is something services coordinator for the Vermont Na- radio is unique and adapts to the cultural, geo- we all have in common. It’s the tom-tom tional Guard, who launched the designation graphical and regional differences in the Unit- beat for the global village. Not to mention, effort. ed States. For instance, while Hawaii Public the place to listen to classical music. June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1379 It’s a daily link to what one of my Native- TRIBUTE TO CHIEF HAROLD V. in Fort Edward. Mr. Speaker, this small group Hawaiian friends still insists on referring to MOORE, HAZEL CREST POLICE of people exemplify faith and camaraderie. as America. But listening to it from this side DEPARTMENT, HAZEL CREST, The church is successful because the people of the Pacific is mo’ better. Many—many— ILLINOIS042 have been the times when the voice on the within it work to make one another stronger. radio was coming from Sarajevo, or inner- This congregation demonstrates how church city Chicago, or Moscow, or London or New HON. MEL REYNOLDS communities all across America enhance Orleans . . . while the view through the OF ILLINOIS strong families and sound communities. windshield was of a cloud-draped Haleakala IN THE HOUSE OF REPRESENTATIVES Throughout its long history, this church, like . . . or whales sporting off Sugar Beach . . . so many others in the area, has been the or rainbows disappearing in a West Maui Friday, June 30, 1995 focus of community life and a bastion of the mountain valley. . . . Mr. REYNOLDS. Mr. Speaker, I stand today best virtues society has to offer. Mr. Speaker, Where else can you hear the latest in the to acknowledge a truly outstanding community please join me in expressing congratulations O.J. Simpson case, or get the inside scoop on leader. I would like to first thank Chief Harold and best wishes to St. James Episcopal Clinton White House strategy, as you drive V. Moore for his tireless efforts in protecting Church on the commendable occasion of their the kids to school through a cane field . ..? the citizens of Hazel Crest, Cook County, 150th anniversary. Where else is the six o’clock news read in State of Illinois. Chief Moore has served the f Hawaiian? Where else is the latest political community honorably and with dedication for upheaval in Papua, New Guinea—they hap- the last 31 years. SUNRAYCE ’95 AND THE SOUTH pen regularly, and sound like Marx Brothers DAKOTA SCHOOL OF MINES & movie scripts—cause for a daily update? The community of Hazel Crest has certainly benefited from Chief Moore's service, and for TECHNOLOGY On a radio dial dominated by demographics that I would like to offer him a sincere and marketing niches, and crowded with sta- HON. TIM JOHNSON tions all trying to sound like each other, ``thanks'' on behalf of the residents of Hazel OF SOUTH DAKOTA only better, Hawaii Public Radio is defi- Crest. nitely something else. I would like to also wish him a fulfilling and IN THE HOUSE OF REPRESENTATIVES restful retirement. I hope he enjoys reflecting Mirroring this unique world we live in is Friday, June 30, 1995 on his many accomplishments and know that one thing. Making it a better place is some- Mr. JOHNSON of South Dakota. Mr. Speak- we will always remember his commitment to thing else. Just being a source of pleasure in er, I would like to take this opportunity to con- the community. its own right is something else again. gratulate the South Dakota School of Mines & Hawaii Public Radio succeeds amazingly f Technology's solar car team for their outstand- well on all counts. ST. JAMES EPISCOPAL CHURCH IN ing efforts as first time participants in f FORT EDWARD, NY, CELEBRATES Sunrayce '95. 150TH ANNIVERSARY Sunrayce is a 1,150-mile cross country race WHAT THE AMERICAN PEOPLE for solar cars, starting in Indianapolis, IN and WANT ending in Golden, CO. The race is jointly HON. GERALD B.H. SOLOMON sponsored by the Department of Energy and OF NEW YORK General Motors, and its efforts are twofold. HON. LAMAR S. SMITH IN THE HOUSE OF REPRESENTATIVES First, to promote student interest in technology Friday, June 30, 1995 and the environment. The 36 university-spon- OF TEXAS Mr. SOLOMON. Mr. Speaker, those of us sored solar cars represent the best and the IN THE HOUSE OF REPRESENTATIVES who live in the 22d Congressional District can brightest engineering students, who designed boast of living in one of the most historical re- their solar powered cars from the bottom up Friday, June 30, 1995 gions of the country. using advanced environmentally sound tech- In so many cases, the old churches in the nology. Second, Sunrayce, which draws a Mr. SMITH of Texas. Mr. Speaker, the large crowd, helps increase public awareness American people sent us to Washington to district, along with their spiritual functions, often serve as virtual museums of area lore, for a clean environment. It enables the public balance the budget. We now have a balanced to get excited about new technology and budget that restores this American dream. with their registries and records of baptisms and marriages of historical figures, and growth ideas. Additionally, Sunrayce allows students The American people sent us to Washington patterns which reflect and parallel the growth to show off their talent, and capture the atten- to deflate the uncaring Federal bureaucracy of the area. tion of big names in the industry who are look- that meddles in and micromanages their lives. One such church, in fact one of the fore- ing to recruit, by impressing them with their Our conference budget eliminates dozens of most examples, is the St. James Episcopal ideas and abilities. needless commissions, streamlines agencies, Church of Fort Edward, NY which is celebrat- As a first time participant, the South Dakota and consolidates departments. ing its 150th anniversary. School of Mines & Technology solar car team The American people sent us to Washington Fort Edward, NY first appears in the history did exceptionally well. I am extremely proud of because they are tired of Alice in budgetland books as part of the historic battleground be- the School of Mines & Technology's efforts to gimmicks and games and want honest kitch- tween Albany and Montreal. During the early participate in this worthy promotion of new en-table accounting. By ending the deceptive years of Fort Edward's existence, changes technology, and the key role it will have on the practice of baseline budgeting, we've ended were taking place in the social and economic environment in the turn of the century. It is Congress' shell game, which raided the family life of the community that facilitated the growth truly a fantastic way to educate students and budget for the ever-increasing Federal budget. of the church. With the construction of the encourage public awareness. I ask my colleagues to join me in recogniz- Champlain canal and the economic develop- The American people sent us to Washington ing and congratulating the South Dakota ment of the Hudson river trade route, the Fort to cut Federal spending and we have. We School of Mines & Technology for their out- Edward community was growing and right eliminated 283 programs: some wasteful, standing participation in Sunrayce '95. along with it the Episcopal Church of St. some outdated, some duplicative, and some f run better by families, communities, and James. neighborhoods. On May 21, 1845, the cornerstone of the KOREAN APPRECIATION Church of St. James was laid. Since that day, The American people sent us to Washington the Church of St. James has overcome many HON. BILL RICHARDSON to save and protect important entitlement pro- fiscal problems that endangered the future of OF NEW MEXICO grams by controlling the spiraling growth that the organization. This congregation, however, IN THE HOUSE OF REPRESENTATIVES threaten them. We do this by our plan to fix, did not give up without a fight and through the save, and improve Medicare. grace of God and the faith of the community, Friday, June 30, 1995 Mr. Speaker, it's not the Government's the Church of St. James is alive and well Mr. RICHARDSON. Mr. Speaker, I recently money to take. It's the family's money to keep. today. had the opportunity to meet face-to-face with Vote for the balanced budget that we've Even though the congregation is not a very leaders of North Korea and discussed a vari- agreed upon. Reduce the Federal budget to large one, the members are happy to be to- ety of important issues facing our two nations increase the family's budget. gether and worshipping in their own sanctuary including a pending nuclear accord. E 1380 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 My talks also focused on the need for our other world issues. As you all know, your odds, defeated the professional French armies two countries to work jointly to resolve the country helped my country under UN flag at the Battle of Lake George and helped the cases of some 8,200 Americans who are still during the Korean war, and we owe so much English win control of North America in the to the UN. Now, our turn to return as much listed as missing in action from the Korean as possible contributions for the world, and French and Indian War (1754±1763). war. Certainly, the families of these missing we are glad to have the capabilities to do so. Author Robert Moss is also a man of two Americans believe progress must be made on We are still one of your closest allies, and worlds. He is a writer with a talent for bringing this important front before closer relations de- I am sure the relations will remain forever. an importantÐand almost forgottenÐpart of velop between our two countries. Militarily, your armed forces are stationed our history back to life. He completed an his- Those American servicemen who returned in my country with our government and the torical novel entitled, ``The Firekeeper,'' which from the Korean war know that we can work people’s request to protect North Korea’s will be published by Tom Doherty for Forge with Koreans. In fact, many of these veterans threat. As you all know, North Korea is the Books on July 5. Through his narratives, only Stalinist communist country remain in which are backed by extensive historical re- fought side by side with Koreans from the the word. But we are making our every effort south as we battled the north. And many of to unify Korea, and we are sure, very near fu- search, the images and emotions of our an- these relationships between American and Ko- ture, we are able to accomplish unified cestors are requickened in a high-intensity rean servicemen that were first made more Korea. The international trend is our side drama. He ``makes the bones live'' by remain- than four decades ago continue today. and we hope North Koreans will soon open ing faithful to documented academic sources In fact, a constituent of mine from Las their eyes for the freedom. yet granting himself ``license to drive a horse Vegas, NM, Fredric Stoessel who served in The other fields including social, cultural, and carriage through the gaps.'' and etc., have developed satisfactory, and Korea, recently told me about a reunion he In cooperation with British Ambassador Sir what I would like to say is that these devel- Robin Renwick, Maurice Sonnenberg, and had with his roommate aboard the U.S.S. DH opments in Korea is the fact, but if Korea is Fox DD779. Mr. Stoessel's roommate, Un-Soh not there will be nothing. Korea’s existence United South and Eastern Tribes President Ku, was a serviceman in the Korean military was very in danger when we had North Ko- Keller George Senators DANIEL PATRICK MOY- and recently retired as a captain in the ROC rea’s attack in 1950, and your country includ- NIHAN and ALFONSE D'AMATO, Representative Navy. Mr. Stoessel was so moved by Mr. Ku's ing you, the crew of the USS D.H. FOX pro- MICHAEL MCNULTY, and me, Forge publisher comments of appreciation to America and our tected against North Korea’s invasion, and Tom Doherty will host a reception on July 11, people that he has asked me to share his we are now here. Perhaps, my deep apprecia- the anniversary of Sir William's death, in the tion to you, are not enough, but I would like speech with my colleagues in the Congress so Capitol honoring Robert Moss and his upcom- you to understand I am saying ‘‘Thank you’’ ing publication that ought to be destined for that all of our constituents can have access to from the bottom of my heart. his gratitude. After D.H. FOX assignment, I returned to the best seller list. At a time when we are trying to resolve out- my country and served as a naval intelligent There is a vignette from Robert Moss's book standing issues with the North Koreans and officer ROK Navy until my retirement in that helps us understand Johnson and his bridge the gap between all Koreans and 1970 with rank of captain. special role among the pioneers and the Indi- Americans, I believe Mr. Ku's speech will be Through my life, the most unforgettable ans. Johnson is fighting to win the favor of the life is with D.H. FOX. Because it was my Mohawk leaders, particularly the ruling a welcome addition to the increased dialog. first assignment and all of shipmates were so Chairman of the D.H. FOX Reunion, Ladies clanmothers. But the Mohawks are suffering kind and quide to me a navy life. I feel and Gentlemen: It is a great honor for me from an outbreak of smallpox that has been shame on myself that I lost contact with and my wife to attend at this reunion meet- such nice my old shipmates for 40 years. introduced to them through infected blankets ing, and I would like to extend my sincere Anyway, I’m here for reunion and will never given to them by unscrupulous land specu- appreciations to my old D.H. FOX shipmates lose the contact even over 60 years old man. lators, and the women are understandably in- who make me possible to be here after 40 Well, before closing my speech, I hope you creasingly wary of white influence on their years we had to part. 40 years! It’s a quite understand my awful English. If any of you long years anyway, I’m glad I’m still alive lands and way of life. Johnson is trying to in- happened to have any opportunity to visit and you people are still here. oculate the diverse ethnic peoples of the val- Korea, please contact with me. I and my wife I don’t know if it is proper place and time ley against the disease, and he offers to ``take will be very happy to have an opportunity to to mention about late ADM, DAER, but it is serve you as your friend. the seed of the white death'' into his own body a most regretable for me ADM. is not here Thank you, thank you very much. and show the Indians that it will help them with us. Probably old shipmates of D.H. FOX f live. would remember, ADM. DAER was not only After Johnson rose in influence in the Iro- the CAPT. of the FOX but a great teacher for A MAN OF TWO WORLDS quois Confederacy, earning the title ``The me. I was a just kid when I was assigned to Firekeeper,'' he also gained recognition as the USS FOX and it was a my first assignment as a naval officer who has just graduated HON. SHERWOOD L. BOEHLERT sole superintendent of Indian Affairs in North from KOREAN NAVAL ACADEMY. OF NEW YORK America for the British crown, and was awarded a patent of baronetcy. Truly a man of two I think it is my duty to report about my IN THE HOUSE OF REPRESENTATIVES country after the Korean War, because my worlds, by the conclusion of the French and country was saved by the United States Friday, June 30, 1995 Indian wars, Johnson secured on his own when we had a sudden attack from North- Mr. BOEHLERT. Mr. Speaker, an aide to terms, a moment of peace in the valley. `Ì will Korea in 1950, USS D.H. FOX is the one of General Washington remarked that the dif- be Sir William * * * but I will bear my own saver of my country, and most brave and arms, and my supporters will bear my own brilliant crew of D.H. FOX is here tonight. I ferent tribes of Indians ``say there never was am proud of these old shipmates we fought such a man and never will be another.'' crest, not a hand-me-down from the users of against North Korea and communists shoul- They were talking about Sir William Johnson Ireland.'' der to shoulder. (1715±1774), a man of two worlds, who The need to weave a fabric from the world After the Korean war in 1953, almost every- served as the King of England's agent among of our past into present is imperative. As this thing was destroyed in every field, and we the Six Nations and a celebrated Mohawk Iro- book goes to press, many of the historic re- had to rebuild my country from nothing. quois chief. sources, including battlefields, forts, homes, From the begining, thanks again, your great He was a central character in the struggle and buildings that are mentioned in this country gave us economic, military and for survival among pioneers and Indians in the drama, are threatened by local, State, and other necessary assistances to stand alone, and our people were working hard not only northern frontier of colonial America. He as Federal budgetary stringency. It is necessary to stand alone, but to make a step forward to born in Ireland and came with few resources to inspire citizens to action and form partner- develop the country. to America where he managed his uncle's es- ships to help protect valuable sites that serve Now, I am happy to report about my coun- tates on the New York frontier. Due to his toil, to instruct our citizens about the Nation's past. try, that my country has grown economi- vision, and leadership, the region developed In our own Mohawk Valley, a nonprofit organi- cally very fast, and one of four Asian Drag- by attracting more immigrants and exploiting zation is being developed, the Northern Fron- on, so called, that means New industrializa- its rich soil and strategic location, despite ar- tier Project, by visionaries who have found in tion country with per capita of more than duous winters, exotic plagues, trading dis- the sacrifices of our ancestral past a pathway $6,000. We are working hard to catch up developed countries now. putes, and the guerrilla warfare that threat- for a better future. This project will educate Politically, we are now a member of UN or- ened every living being on that frontier. others about our history and promote eco- ganization, and we are doing our best to co- A prominent military achievement in his ca- nomic development and tourism opportunities operate with other UN members for the reer was his building of an alliance among that will help us retain and enhance our many world peace, economic development and poor farmers and Iroquois that, against all sites and resources. June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1381 I consider myself one of the luckiest Mem- furs—and increasingly, land—in return for historical novels will help revive public in- bers of Congress, to have a Robert Moss, a guns and goods and liquor. The Iroquois were terest in the places where—in so many man of two worlds, who's able to travel among soon caught up in savage warfare with neigh- ways—America was born. The Iroquois say boring tribes over the control of the fast-di- the spirit world and the real world, the past that a tree without roots cannot stand. I be- minishing supplies of beaver and other furs. lieve they are right.’’ and the present, to tell the stories of our he- Their losses in battle were less devastating Asked to explain how The Firekeeper dif- roes and villains, of virtue and vice. He's not than the terrible inroads of alien diseases— fers from previous accounts of the North- just chronicling history, he's bringing it to life smallpox, influenza, and measles—to which East Frontier, Moss explains: through remarkable stories about an the Indians had never been exposed and for ‘‘First, I tried to give the women their re- underreported part of America, and helping which traditional healers had no remedies. venge. Amongst white Europeans, the 18th people to understand events, victories, and By the early 1700s, caught up in a struggle century was pretty much a man’s century. for survival, the Iroquois were deeply di- But the dominant character in ‘‘The tragedies that are essential to understanding vided. Should they side with the British or who we are and what cooperation among cul- Firekeeper,’’ in many ways, is Catherine the French, or stand neutral, in the conflict Weissenberg. She is a historical figure—a tures it took to get us here. between world empires that was now being Palatine refugee who came to the colonies as Lastly, with cooperation again in the valley, played out on American soil? Should they rean indentured servant and became Johnson’s we can dream about all the possibilities that ject their ancient spiritual traditions—which life partner (though never his wife) and the we can achieve. Thank you Robert Moss. The taught the necessary balance between hu- mother of his white children. Another people of the valleys salute you and your work mans, the earth and the spirit worlds and the poserful character in the book is Island and wish you that greatest success. supreme importance of dreaming—or follow Woman, a member of a lineage of women the God of the foreigners who came with can- I am including for the RECORD ``The World healers who became Mother of the Wolf Clan nons and horses? of the Mohawk Nation. Through her eyes, we of the Firekeeper,'' which was prepared by Into this scene walked William Johnson Robert Moss for this event. see the women’s mysteries and the reverence (1715–1774), one of the most extraordinary for women within a native culture whose pri- THE WORLD OF THE FIREKEEPER men in American history. His Irish roots and mary pronoun is she not he. The North-East frontier was the decisive his rise to power and fortune on the first ‘‘Second, in the Firekeeper I have married frontier in American history. In the 1600s frontier are described in vivid detail in ‘‘The executive archival research to oral tradition, Firekeeper.’’ Johnson came to the New and 1700s, New York, New England, and both from Native Americans and from de- World, like so many other immigrants, in Pennsylvania were the scene of three gigan- scendants of Valley settlers. To borrow a hopes of getting ahead. Starting out as a tic and often tragic struggles: between the phrase from the anthropologists, I have trader and farm manager in the Mohawk newcomers and the native inhabitants, be- ‘‘upstreamed’ what I have learned about na- Valley, he eventually succeeded in making tween the British and French empires, and tive culture and spirituality today to help il- himself one of the richest men in the colo- between Loyalists and Patriots. The battles luminate how things may have been then. nies. Through fair dealings and by immers- that were fought here—especially at Sara- ‘‘Third, I have tried to go inside the ing himself in their lives and customs, John- toga and Oriskany, in upstate New York, in mindset—the interior worlds—of different son developed a personal influence among 1777—decided the fate of the American Revo- people and peoples. In ‘‘The Firekeeper,’’ you the Iroquois that enabled him to persuade lution and opened the way to the West. can read a blow-by-blow account of a battle, them to fight on the British side in the In many ways, it was on this first frontier, a traders’ sharping, or a machiavellian plot French and Indian wars. This was a decisive already 150 years old by the end of the laid in a back room. Or you can find yourself contribution to the eventual British victory, French and Indian Wars, that a distinctively deep inside the realms of the shaman, for since the British never won a significant bat- American identity was born—diverse, self-re- whom the dream world is the real world and tle in the American woodlands without the liant, impatient with the Old World concep- spirits walk and talk at the drop of a feath- help of Iroquois scouts and auxiliaries. As an tions of inherited rank and station. The first er. I tried to make the book as multi- amateur general, Johnson led a restive force wave of mass immigration from Europe came demensional as its players.’’ from Europe to New York in 1710, with the of New England militiamen and Iroquois arrival of 3,000 Palatine Germans. Colonial rangers to victory over a professional French f New York and Pennsylvania became the first commander at the Battle of Lake George. ‘‘melting pots,’’ with the rising tide of immi- But the significance of Johnson’s achieve- ESSAY CONTEST WINNERS grants from many nations. ment, in the history of the American fron- On the Northern Frontier, the pioneer set- tier, goes much deeper. Though he became HON. HENRY J. HYDE tlers encountered two families of Indian na- the King’s Superintendent of Indians, he was OF ILLINOIS tions: the Iroquoians and the Algonkians. as much the Iroquois agent to the colonists Before first contact with Europeans, five Iro- as the King’s agent among the Indians. In- IN THE HOUSE OF REPRESENTATIVES quois nations, guided by a prophet called the deed, he became an adopted Mohawk Friday, June 30, 1995 Peacemaker, had come together to form a warchief before he held a commission from great Confederacy whose constitution im- the Crown. He championed the Iroquois Mr. HYDE. Mr. Speaker, I love to get in- pressed Ben Franklin so powerfully that he against land-robbers and racist officials, like volved with projects that involve our younger recommended it as a model to the divided the British general who advocated killing off generation. One of the projects I sponsor colonists. Renowned for their oratory and the Indians en masse during Pontiac’s revolt every year along with the high schools and statecraft, feared by their enemies as ruth- by spreading smallpox among them with the junior high schools in my district, is an essay less and courageous fighters, the Iroquois aid of infected hospital blankets. Johnson contest. I asked the high school students to commanded two vital river-roads through promoted Indian school and inoculation write about how we amend the Constitution against the smallpox virus, once the method the forests that were all-important in early and how is it different than passing a law, and trade and warfare: the Hudson-Champlain (first observed in Africa) became known in route between New York and Canada, and the colonies. He encouraged Iroquois women the junior high students were to write about the Mohawk River-Oswego route that led to go into business as traders. He introduced life in colonial times. I would like to thank Mrs. from the English colonies towards the Great new crops and methods of agriculture. In his Vivian Turner, the former principal of Lakes and the North American heartland. later life, with a Mohawk consort—known to Blackhawk Junior High School, who judged The warrior Iroquois were also a matriar- history as Molly Brant—at his side, Johnson the hundreds of entries received. I want to chal society. A Mohawk myth recalls how a presided over a remarkably successful congratulate Chanda Evans from Addison Trail woman led the people’s long migration experiement in interracial cooperation. High School and Kathleen Steinfels of Mary, across the north of the continent to an area Johnson’s homes in the Mohawk Valley— near modern Quebec City and finally down Fort Johnson and Johnson Hall, both memo- Seat of Wisdom School in Park Ridge the first into the Mohawk Valley. The clanmothers rably described in ‘‘The Firekeeper’’ and place winners for their very creative papers. I picked the chiefs, and the women occasion- ‘‘Fire Along the Sky’’—are well-preserved was very impressed with the essays and want ally ‘‘de-horned’’ a chief who failed in his du- and open to visitors, as are many of the to share them with my colleagues. ties. The women insisted on the ancient other sites of frontier New York, such as HOW DO WE AMEND THE CONSTITUTION? teaching that a chief must consider the con- Fort William Henry (scene of the Battle of WHY IS IT DIFFERENT THEN PASSING A LAW? sequences of his actions down to the seventh Lake George), Fort Ticonderoga, the Sara- generation after himself. toga battlefield, the Old Stone Fort at (By Chanda Evans) But the arrival of the Europeans threw tra- Schoharie, Fort Plain, Fort Stanwix, and Old Most people realize that changing the ditional Iroquois society into turmoil. The Fort Niagara. Sadly, funding problems have structure of the Constitution is a difficult newcomers brought firearms and metal led to the—hopefully only temporary—clos- process, and much more involved than pass- tools; it became vital to have these. The ing of the Oriskany battlefield site, scene of ing a law. What most people do not know is newcomers created a new appetite for alco- the first American civil war as well as a crit- the methods of proposing and ratifying a hol, which was previously unknown to the ical turning point in the American Revolu- amendment set forth in the Constitution, or Woodland Indians, and which they had little tion. Budget constraints threaten other any of the specific differences between ability to metabolize. The traders wanted sites. As Robert Moss comments, ‘‘I hope my amending the Constitution and passing a E 1382 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 law. The United States Constitution provides signature. The President has a much greater Colonial families were large. Many hands two methods of proposing and ratifying a role in the law making process, and has a di- were needed to share the workload. Life ex- amendment, both of which allow the inter- rect influence on the content of the bill. pectancy was shorter and there was a higher ests of the national and the state govern- The third difference between amending the infant mortality rate. Nowadays, families ment to be taken into consideration equally. Constitution and passing a law is the ap- are much smaller and do not have such a The first step in amending the Constitu- proval process, more specifically, who is in- strong common focus. tion is to have the amendment proposed by volve in it. When an amendment is put up for In colonial times the hearth or fireplace one of two possible ways. An amendment can ratification it must go to the state legisla- was the center of the home, the place from be proposed by a two-thirds vote in both tures or the state conventions for approval which came both food and warmth. The loca- houses of Congress, or by a National Con- before becoming an official amendment. A tion of the fireplace affected the way build- stitutional Convention called by Congress, law, on the other hand, requires no approval ings were built. There were few openings to on a petition from the legislatures of two- or input from the states. When passing a bill the outside, to minimize heat escaping and thirds of the states. All amendments pro- into law it requires only the majority vote of for security. Nowadays, the kitchen is still posed thus far have originated from Con- Congress and the signature of the President. the center of many homes, the source of gress. However, if the President decides to veto the food, but because of central heating, houses The second step is getting the proposed bill Congress can override his decision by have gotten more complex and full of win- amendment ratified. The Constitution also two-thirds vote in both houses. This process dows. provides for two alternative methods of rati- makes passing a law a decision involving Children in colonial times usually worked fication, both methods however, leave the only the legislative and executive branches, with their parents whether it be as farmer, ratification decision to the states. Article V or possibly just the legislative branch. This cooper, weaver, or blacksmith. Children of the Constitution sets out two distinct is clearly a decision of the federal legisla- learned a trade. Each child was important. modes of state ratification, leaving the tion, requiring little or no assistance from Nowadays, parents typically go off to work choice of mode to the Congress. For each the state government. This process effec- someplace else and the children have little amendment proposed, whether by Congress tively cut out the state government, unlike or no connection to the parents’ place of of by a national convention, Congress must the amendment process that requires an work or to the work they do. choose whether to submit the amendment to agreement between the state and national In colonial times schooling was not manda- state legislatures or to conventions in each government to be passed. tory and schoolhouses were often one-room state for ratification. If the proposed amend- At the Constitutional Convention of 1787 with a single teacher for many grades. Today ment is given to the state legislatures for George Mason of Virginia said, ‘‘Amend- schools are much larger and have many ratification, a total of three-fourths of the ments will be necessary, and it will be better teachers, often even more than one per states must agree for the amendment to be to provide for them, in an easy, regular and grade. passed. Of the thirty-three amendments that constitutional way than to trust to chance Colonial Americans came to this New have been proposed, thirty-two have been and violence.’’ Our forefathers obviously re- World, abandoning friends, families, and the sent to the state legislatures for ratification. alized that laws would change and evolve life they knew to face a challenging new life. The second method involves sending the pro- over the years, and that new laws they Often immigrants came seeking the oppor- posed amendment to the state conventions couldn’t even visualize at that point would tunity to worship God as they wished: Puri- for ratification. During this process each be needed as times also changed. Fortu- tans in New England, the Quakers in Penn- state must choose delegates, who will then nately, they also realized that the process to sylvania, and the Catholics in Maryland. Re- vote for or against the amendment. For this change the very framework and structure of ligion was probably especially important be- method of ratification there must also be a the government, the United States Constitu- cause of the hardships their life imposed. total of three-fourths (thirty-eight) of the tion, must be a much more controlled proc- Even if they could not regularly have formal states in agreement. ess. By providing two different methods of services, God was an important part of life. Having the Constitution amended is a dif- proposing and ratifying amendments to the Today religious freedom is guaranteed, and ficult process simply because of the many Constitution they made sure that such major perhaps even taken for granted. people that must agree on an amendment for changes would be made in agreement by the Gone are the snowshoes, the candles, and it to become passed. Our founding fathers in- state and national government. Protecting the hearth and so too it seems the family- cluded these alternative means of both pro- the interests of both factions, and also re- centered life which characterized colonial posing and ratifying amendments in an ef- flecting the interests of the people. times. fort to balance the power between federal TIMES TO REMEMBER and state factions, while allowing input from f the common people. (By Kathleen Steinfels) A Constitutional amendment and a law are Snowshoes . . . candlelight . . . fireplace THE REPUBLIC OF CAPE VERDE’S both rules that the people of the United . . . animal fur . . . buckets of water . . . INDEPENDENCE DAY: REACHING States must obey. However, the processes All of these are images of life in colonial BACK, LOOKING FORWARD that take place are quite different. Although America. Life was very harsh, especially Congress’s role in amending the Constitution when compared to life in twentieth century and in passing a law are similar, there are Park Ridge. HON. BARNEY FRANK some differences; the percentage of votes re- Colonia life was centered around the fam- OF MASSACHUSETTS quired, the President’s role, and the approval ily—much more so than modern American IN THE HOUSE OF REPRESENTATIVES life. Because colonial families were rel- process. Friday, June 30, 1995 Both a proposed amendment and a law are atively isolated and because each member of put before Congress for a vote. For each of the family was counted on to help the entire Mr. FRANK of Massachusetts. Mr. Speaker, these the two houses of Congress must also family survive, family members were close today, as the 20th anniversary of the Republic approve identical forms of the amendment of and worked as a team. Chores were distrib- of Cape Verde's independence approaches, I law. A law however, may only be introduced uted: milking cows, feeding chickens, tend- want to take a moment to commemorate this by a Senator or Representative while Con- ing crops, chopping firewood, keeping the gress is in session. The major difference be- house in repair and as weathertight as pos- anniversary and mention the people that have tween the voting processes in Congress is the sible, making candles, keeping the fire, col- made it possible. As a nation committed to percentage of votes required. In the amend- lecting water for washing, for watering gar- protecting individual freedom and establishing ment process a two-thirds vote is required, dens and animals, making clothes, hunting economic stability through democracy, the sixty-six percent. When passing a law a sim- meat, making food, and caring for younger country's independence celebration is a testa- ple majority vote is required, as low as fifty- children. All of these demanded energy and ment to the will of the Cape Verdean people one percent. This difference obviously makes concentration. Often things like schooling who, brought together by their struggle for it easier for a law to get a passing vote in became a luxury because education itself freedom and the archipelago's environment, Congress. was not mandatory for survival. Each family The second difference between the amend- had to be able to provide all basic necessities remind us of their American counterparts. In- ing and the law making process is the Presi- on its own. Sometimes trading would allow deed, Cape Verdeans are very familiar with dent’s role. When an amendment is being for special treats such as ready-made cloth American history; they are, in fact, an integral proposed and ratified it goes through Con- from overseas, special foods, and shoes. part of it. Since the 18th century, Cape gress or a Constitutional Convention, then These things are often taken for granted in Verdeans have represented an assiduous and the states. The President has no part in this modern America where families rarely work determined part of the American spirit, particu- procedure. When a law is being passed it goes together, or, for that matter, rarely even see larly in New England. Cape Verdeans were directly to the President after being voted each other. They have become disjointed as on in Congress. In this situation, the Presi- each person pursues independent interests builders of the whaling and fishing industry, dent has three choices. He can sign it, allow- and activities. How often does the nuclear cultivators of the cranberry bogs and workers ing it to become law, he can veto it, or he family even sit down at the table to eat a in the textile mills. Their arts and crafts have can ignore it and allow it to become law in meal together? Does this help explain the enhanced the beauty of our lives, and their ten days (excluding Sundays) without his disintegrating family of modern America? songs and dances have touched our hearts June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1383 and our souls. So this year we celebrate the reduce the Federal debt or fund other, more tuition, buying a first home, or caring for an el- Republic's independence and our own ac- critical spending priorities. derly parent, as well as catastrophic medical knowledgment of the Cape Verdean role in Mr. Speaker, I ask my colleagues to join me expenses. Shouldn't adoption be encouraged American culture at the 29th annual Festival of in bringing high-flying generals down to Earth. in this same way? The answer is clearÐadop- American Folklife, which opened last week at Let's save taxpayer dollars by paring this Pen- tion is also an investment in the future. the Smithsonian in Washington, DC. In the fu- tagon perk. Mr. Speaker, it is time that we send the ture, we look forward to participating in the f message that adoption is a valued way of growth of a nation abroad and the celebration building a family and a future for our children. of its traditions at home. INTRODUCTION OF THE ADOPTION It is a goal we should all support. f INCENTIVES ACT OF 1995 f REDUCTION IN VIP AIRCRAFT HON. JOSEPH P. KENNEDY II EDITORIAL ON AFFIRMATIVE OF MASSACHUSETTS ACTION HON. PETER A. DeFAZIO IN THE HOUSE OF REPRESENTATIVES OF OREGON Friday, June 30, 1995 HON. BOB FILNER IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Mr. KENNEDY of Massachusetts. Mr. Friday, June 30, 1995 Speaker, today I am introducing the Adoption IN THE HOUSE OF REPRESENTATIVES Mr. DEFAZIO. Mr. Speaker, we have spent Incentives Act of 1995 in an effort to encour- Friday, June 30, 1995 a great deal of time this week debating the age more adoptions in our country. Mr. FILNER. Mr. Speaker and colleagues, I Federal budget. I believe all Members can This bill will provide a range of tax incen- want to share with you the insights of John E. agree on the need to eliminate unjustifiable tives to adoptive parents to help them build Warren, editor and publisher of the San Diego spending. At least one item in the Department families through adoption. Specifically, the bill Voice & Viewpoint, an African-American news- of Defense budget falls into this category: the will make adoption assistance benefits to mili- paper published in my hometown. Pentagon's huge fleet of VIP aircraft. I have tary and private sector employees for non- In a recent editorial, Warren wrote: joined with 10 of my colleagues in introducing recurring adoption expenses tax-free, and As America appears to be gearing up to legislation to sell off some of these ``generals' allow penalty-free and tax-free withdrawals make affirmative action the new symbol for jets,'' which would result in a budget savings from individual retirement accounts [IRA's] for the age old attack on the idea of equality of at least $130 to $200 million a year. adoption expenses. and fairness for Blacks in this country, first, The Department of Defense has a fleet of There is a desperate need for adoption in then all other groups but White males, it is about 600 aircraft that are used to transport our country. Today, almost half a million chil- extremely important that the Black re- senior military personnel and civilian officials. dren are in foster care. Some of these kids sponse be one of reason, power, and direct results. About 500 fixed-wing planes and 100 heli- languish in the foster care system for more While it is fine to pen letters and speeches copters perform administrative support mis- than 5 years, bouncing from one home to an- of response to the Pete Wilsons who would sions. These aircraft do not include the Presi- other. Between 85,000 and 100,000 of these ride the horse of bigotry and racism into the dential aircraft, the 89th Military Airlift Wing, children are legally free and waiting to be U.S. Presidency if permitted, those letters such as Air Force One, nor are they used for adopted. An additional 3 million children were and speeches must not become substitutes operational transport of troops. Rather, they reported abused or neglected in 1993. Many for direct action. The well known question is are used for airlift transportation in support of may need a safe havenÐa welcoming home then asked: ‘‘What can African-Americans do command, installation, or management func- that adoption could provide. to reach the moral conscious of an increas- One major obstacle to finding permanent, ingly White America that appears to think it tions. has done too much for too many who said The General Accounting Office found that loving homes for these children is the cost of things were not fair and now think that fair- size of the administrative aircraft fleetÐoften adoption. The average cost of a private or ness is becoming an inconvenience as times called Operational Support AircraftÐfar ex- nonagency adoption is conservatively esti- get harder in a changing economy?’’ ceeds the wartime requirements, even accord- mated at $10,000 and can run as high as Perhaps the key can be found in the para- ing to the Pentagon's own estimates. Only 48 $45,000. Many adoptive families have to mort- phrase of a very old proverb ‘‘he who con- OSA were used `ìn theater'' during the gulf gage their homes or borrow money from rel- trols himself is better than he who controls war. This suggests that OSA aircraft's main atives to build a family. nations.’’ role is not wartime, but peacetime. Even in the In response, 180 of the Fortune 1,000 com- Blacks continue to spend billions of dollars in every facet of the American economy with United States, the gulf war saw the services panies have established corporate programs no economic demand for returns on our in- using much less than one-half of their inven- that provide financial assistance to employees vestments. We spend $300 billion dollars a tory. The Commission on Roles and Missions to help cover adoption expenses. Behind bor- year collectively and we are begging a nation also recommended reducing the size of the rowing money and mortgaging homes, reim- and its leaders to treat us ‘‘morally right’’ OSA fleet. In 1993, the Joint Chiefs report bursement benefits provided by employers are when we have not assumed the ‘‘moral re- concluded that OSA inventories exceed war- the third major way in which parents finance sponsibility’’ for ourselves. time requirements. The Air Force concurred adoptions.These benefits average $2,000 per African-Americans must remember that with the Joint Chiefs in 1994. adoption. In 1993, corporate adoption assist- this country is now following a contract on America instead of the U.S. Constitution However, nothing has yet been done to ance programs facilitated 2,000 of the 50,000 which Wade Henderson of the NAACP rightly eliminate the excess aircraft. adoptions that occurred. called ‘‘our contract with America.’’ The public first heard about the aircraft The private sector has been especially cre- Consider that African-Americans have a issue last fall when a high-ranking Air Force ative in providing incentives for adoption. We vote, but most won’t bother to use it. We general made a very expensive flight from must do more to encourage their effortsÐas have disposable income for clothes, too many Italy to Colorado. Although the flight was this bill does. of which are designed for our youth as gang made for administrative purposes, and much A similar adoption assistance program was attire, but we don’t make these clothes. We less expensive commercial flights were avail- established for military personnel in the de- buy new cars all over San Diego—many of which are the same as the ones sold by our able, a single general and his aide spent more fense authorization bill of 1991. Military fami- one Black owned car dealership, but pur- than $100,000 for the trip. The Air Force is lies are entitled to up to $2,000 to cover adop- chased from people who neither care for us even using their OSA planes to fly Air Force tion-related expenses. Launching this program or our communities. cadets to Hawaii to watch football games. sent a positive signal to adoption agencies We buy liquor, cigarettes, potato chips, Perks at the Pentagon are no more justifi- that were often reluctant to start the adoption butter and toilet tissue in larger numbers able than perks in any other agency of the process due to frequent relocations of many than any other ethnic group and make no de- Federal Government. If Congress is to have military families. As a result, almost 2,500 chil- mands in return. Some of those very people any hope of balancing the budget during the dren have been adopted with this assistance. who benefit from our care-free spending hab- its use those same dollars to buy political coming decade, we must focus our attention The Adoption Incentives Act would also per- votes across this nation that are now focused on reducing budget outlays. This means end- mit penalty-free and tax-free withdrawals from against our common good—the right to a job ing some programs that have little justification. IRA's for adoption costs. Many of the tax pro- based on fairness and merit, the right to so- Our bill would offer the American people sig- posals now pending before Congress would cial insurance in time of need, the right to nificant reduction in spending that could either allow penalty-free IRA withdrawals for college food, shelter and education, not based on the E 1384 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 color of our skin but the status of our birth ing more than 1 year of consultation, they and neglect; family trauma such as divorce, as American citizens. heard about the strengths of the law, including unemployment, or death; school-age single Perhaps if we went on a selective spending its focus on individualized approaches, its pro- parenthood; physical and emotional handi- spree where we truly examine how much we spend and what we spend it for, America tection of the rights of children and their fami- caps; and contact with the judicial system might rediscover that the issue is not affirm- lies, and its support for innovative approaches which led to conviction or designation as a de- ative action after all but one of spending our for teaching. linquent. Many of the youngsters honored with dollars in such a way that our adversaries The administration's proposal makes im- these awards overcame more than one of will be glad to support us. provements to the IDEA to ensure that the these barriers. We have almost 300 Black owned news- fundamental objectives of the law are more Each Private Industry Council in New Jersey papers in America, yet too many of us would likely to be achieved, while preserving existing participated in the nomination process, des- rather get our news from CSPAN or USA Today. rights and protections for children and their ignating a young member of the local commu- The San Diego Voice & Viewpoint believes families. This proposal is based on six key nity who fought against seemingly insurmount- that when we harness our votes, the Pete principles that are designed to improve results able odds and emerged a winner. The follow- Wilsons of the nation will be closed out of for students with disabilities: ing individuals are the recipients of the 1995 Presidential politics, no matter how much 1. Align the IDEA with State and local edu- STAR Awards: money and bigotry they have. When we har- cation reform efforts so students with disabil- Chad B. Jenkins; Wanda Lopez; S. Jona- ness our dollars, companies that don’t hire ities can benefit from them. than Deauna; Ramon Mejia; Jessica M. us or advertise in our newspapers will be 2. Improve results for students with disabil- Carter; Mark Anthony Logan; Gerald F. forced to make decisions about whether they need our market share. ities through higher expectations and mean- Wynkoop, Jr.; William Alcazar; Michael When we harness our spending, and make ingful access to the general curriculum, to the McDonald; Olga Sierra; Paris Armwood; our styles the internal commitment to our- maximum extent possible. Tywanda Whitefield; Brenda Carpenter; Carla selves and our people rather than external 3. Address individual needs in the least re- Owens; Robyn Murgas; Nicole Richardson; fashions, we will affect the American econ- strictive environment for the student. Lakiesha Stokes; Barbara Gomez; Tonia Sin- omy. When we harness ourselves the NAACP 4. Provide families and teachersÐthose gletary; Tyese Nichols; Marilyn Sanchez; will have enough money in one, five, ten, closest to studentsÐwith the knowledge and Ivelys Bruno; Kisha Ann Franklin; Sujeil Rosa; twenty and fifty dollar donations to move in training to effectively support students' learn- Morris E. Lawson; Madelyn Ramos; Gregory 30 days to the position of a financially debt ing. free and sufficient organization to fight for Wertz; Linda Kulick; Lisa Beckett; Sean ‘‘colored people.’’ 5. Focus on teaching and learning. Devaney; Yanette Gonzalez; Jessica When we harness our ability to focus be- 6. Strengthen early intervention to ensure Corchado; Monique Gallman; and Jason yond knee jerk reactions to things we hear, that every child starts school ready to learn. Kinney. we will turn off the vulgar television and As Congress undertakes its review of this The recipients of the STAR Awards are an radio and CD sounds daily bombarding our legislation, I am certain we will reaffirm our inspiration to millions of students in similar cir- very souls and return to the God of our silent commitment to the basic purposes of the IDEA cumstances throughout the country. They are tears and of our parents’ weary years to find and the recognition of the Federal role in en- a shining example of youth who became renew hope not in what they call us or say suring that all children with disabilities are pro- about us, but in what we do for ourselves and sponsible members of the community despite each other. vided with the equal educational opportunity circumstances which might have prevented Yes, there is a backlash against affirma- that the Constitution guarantees. We now them from doing so. I salute these extraor- tive action that now reaches to the Supreme have the opportunity to take what we have dinary young men and women. Court, but by the power of God almighty, we learned over the past 20 years and use the f have not even begun to use our powers of administration's proposal to update and im- reason, our available economic response and prove this law. I commend the administration THE SMALL BUSINESS the identification of desired results. Our fu- for their bold initiative and look forward to REGULATORY BILL OF RIGHTS ture is in our hands. The real question is: ‘‘African-Americans, what will you person- working with the committee in seeing it ally do as a response to this latest attack?’’ through to its final passage. HON. JOHN J. DUNCAN, JR. f f OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES IMPROVING EDUCATION FOR EIGHTH ANNUAL STAR AWARDS Friday, June 30, 1995 CHILDREN WITH DISABILITIES RECOGNIZE ACHIEVEMENTS BY NEW JERSEY YOUTH Mr. DUNCAN. Mr. Speaker, today I have in- HON. DALE E. KILDEE troduced the small businesses regulatory bill OF MICHIGAN HON. ROBERT E. ANDREWS of rights. This country's small businesses are drown- IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES ing in a sea of paperwork. Recently, the Occu- Friday, June 30, 1995 pational Safety and Health Administration Mr. KILDEE. Mr. Speaker, today, I am hon- Friday, June 30, 1995 [OSHA] released a list of its most frequently ored to introduce the administration's proposal Mr. ANDREWS. Mr. Speaker, I rise today to cited violations. The top three on the list were for improving education for children with dis- recognize the accomplishments of a group of directly related to paperwork, and they alone abilities under the Individuals With Disabilities high school students who have succeeded in accounted for over 10,000 citations in 1994. Act [IDEA]. their studies, academic and vocational, despite Additionally, the Small Business Roundtable Since enactment of Public Law 94±142, the the barriers which they faced. On June 1, reports that in 1993 the actual costs of busi- Education for all Handicapped Children Act of 1995 in Atlantic City, a group of 34 outstand- nesses to comply with Federal regulations 1975, results for children with disabilities have ing youths from the State of New Jersey were were $581 billion. Small businesses cannot af- improved greatly. Before the enactment of that honored and awarded for their perseverance ford the accounting departments, chemists, groundbreaking law, 1 million children with dis- at the Student Training Achievement Recogni- and lawyers that it takes to comply with the abilities were excluded from school altogether, tion [STAR] Awards. ever-increasing and confusing regulations is- and several were in dehumanizing institutions. The STAR Awards, created by the Garden sued by the Federal Government. Today, one of the basic goals of the IDEA has State Employment and Training Association, Last year, the Federal Government added been metÐchildren with disabilities have ac- and sponsored by members of the business over 68,000 pages of rules and regulations to cess to education. community, aim to increase awareness of edu- the millions already on the books. In fact, the The Department of Education has under- cation and its relationship to employment. The regulatory process has become so complex taken a very thorough process in preparing awards are given to youth who are determined that the Federal Register now teaches classes this legislative proposal. They consulted with to be at risk and who, despite the most difficult just so individuals can better understand the parents, educators, and hundreds of others of circumstances, either completed their high rulemaking journal. concerned with improving the education of school education, or who dropped out of high The economy of this Nation is based on children with disabilities, including congres- school but completed a training program and small businesses. Ninety-five percent of all the sional staff from both sides of the aisle. They obtained a job. businesses in this country are classified as asked for public comment in the Federal Reg- Some of the obstacles which these youths small businesses. They represent the Amer- ister and received over 3,000 responses. Dur- overcame include physical or sexual abuse ican Dream. Individuals risk life savings in June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1385 order to pursue the American Dream only to ment of the Interior may inquire into royalties world will observe the mitzvah of lighting see it destroyed by Federal bureaucrats. owed on production from many decades ago. Shabbos candles. But this shabbos also I believe that the small business regulatory While the DOI agency charged with such au- marks the first yahrzeit of the Lubavicher bill of rights will help our small businesses diting, the Minerals Management Service Rebbe. thrive once again. This bill requires Federal [MMS], has worked toward a policy of closing The Rebbe was the spiritual leader of the agencies to develop a no-fault program to as- out audits within a 6-year period, the Govern- Lubavicher Chasidim, but he was also revered sist small businesses with compliance. It also ment is not now statutorily required to meet and respected as a great tazaddik by Jews requires agencies to give owners 60 days to that goal. The Fairness Act would do so pro- and non-Jews around the world. Indeed, his correct violations before assessing fines. spectively, that is, for production from the date work still lights the learning and daily mitzvot Small business men and women will no of enactment forward the Secretary of the In- of Jews everywhere. Through the Chabad longer be treated like criminals by Federal reg- terior would be barred from bringing actions movement, schools, high technology commu- ulators. This legislation will make agencies no- against lessees 6 years after the obligation to nications, Mitzvah Mobiles, publications, lec- tify owners of their rights during inspections. pay royalty accrues. Of course, the time limita- tures, and most of all a profound commitment This bill will also prevent agencies from tion does not run where fraud is alleged, nor to the importance of Jewish thought, belief harassing small business owners by exempt- when tolling agreements are reached by the and ethics, the Rebbe made an incalculable ing them from inspections for 6 months once parties. contribution to the spiritual lives of all people. they have been found in compliance with reg- Another inequitable provision of current law The Rebbe lived through pogroms, two ulations. which the Simplification and Fairness Act ad- world wars, the rise and fall of communism, We all want a safe working environment for dresses is the requirement that interest be the Holocaust and tremendous personal chal- Americans. The question is how do we best paid by lessees who have underpaid their roy- lenges. But his idealism, his learning, and his provide this environment without generating alties, yet the Government does not pay interfaith shone through it all and inspired millions. regulations that destroy thousands of jobs and est on overpayments. My bill establishes reci- This week the Rebbe was honored by the impede the ability of a business to earn even procity with respect to interest payments, but presentation of a Congressional Gold Medal, small profits. I think everyone would agree that first requires a royalty payorÐand the Sec- authorized by legislation I was privileged to a safe working environment is of no use if the retaryÐto ``cross-net'' royalty overpayments cosponsor. Members of Congress and reli- regulations that establish it are so severe that against underpayments among all one's public gious leaders, including the Chief Rabbi of Is- they prohibit a business from being successful domain or acquired lands leases within any rael, Rabbi Yisrael Meir Lau, Shlita, paid trib- and staying open. State or collectively for OCS leases. This will ute to the Rebbe. I think this country could boom once again effectively reduce interest obligations the Fed- Mr. Speaker, the Rebbe's yahrzeit offers us if we could get our Federal Government under eral Government would owe on overpayments an opportunity to reflect on and remember the control and let the free enterprise system work and provide the industry with a mechanism to life, work and contributions of the Rebbe. The as it was designed to do. simplify their procedures within each State in Rebbe remains a figure of historic importance. I look forward to this Congress passing the which they do business on Federal leases. I commend the example of his life to all my small business regulatory bill of rights in an ef- Other provisions of the Simplification and colleagues. fort to help this Nation's small businesses Fairness Act grant relief for small producers f grow. who pay royalty out-of-pocket, provide en- f forcement and compliance relief for producers TRIBUTE TO GUY R. DOTSON, SR. of de minimis amounts of oil and gas, stream- FEDERAL OIL AND GAS ROYALTY line onerous and costly reporting requirements SIMPLIFICATION AND FAIRNESS and thereby reduce the Federal Government's HON. BART GORDON ACT OF 1995 cost of royalty accounting without loss of reve- OF TENNESSEE nue to the U.S. Treasury nor to the States IN THE HOUSE OF REPRESENTATIVES HON. KEN CALVERT which share in the onshore mineral leasing Friday, June 30, 1995 OF CALIFORNIA revenues. Mr. GORDON. Mr. Speaker, I rise to thank IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I urge my colleagues to cosponsor the Federal Oil and Gas Royalty Sim- a devoted resident of my hometown of Friday, June 30, 1995 plification and Fairness Act of 1995. Let's pro- Murfreesboro and a great friend, Mr. Guy R. Mr. CALVERT. Mr. Speaker, today I am in- vide certainty for our domestic industry in its Dotson, Sr., for his 26 years of distinguished troducing the Federal Oil and Gas Royalty dealing with the Department of the Interior and service as district attorney general for Ruther- Simplification and Fairness Act of 1995. This establish an equitable royalty system for les- ford and Cannon Counties and to congratulate bill amends the Federal Oil and Gas Royalty sor and lessee alike. him on his retirement. Management Act with respect to leases of f A lifelong middle Tennessean, General Federal lands and the Outer Continental Shelf Dotson was born in Elora, TN. A graduate of [OCS], but does not affect leases on Indian PERSONAL EXPLANATION Franklin County High School, he received his lands. the goal of my legislation is to establish B.A. from the University of the South and his certainty in procedural matters for royalty HON. JOHN JOSEPH MOAKLEY law degree from the University of Tennessee. payors in their dealings with the Department of OF MASSACHUSETTS General Dotson was appointed district attor- the Interior, eliminate certain burdensome re- IN THE HOUSE OF REPRESENTATIVES ney by Gov. Buford Ellington in 1969. He was porting requirements and simplify others so as Friday, June 30, 1995 elected district attorney general in 1970 and to streamline the royalty management program re-elected in 1974, 1982 and 1990. Mr. MOAKLEY. Mr. Speaker, had I been and provide for the equitable collection of roy- He will be missed not only by his associates present, I would have voted in opposition to alties. in the district attorney's office, but also by the Approximately 80 percent of the nearly $1 House Concurrent Resolution 67, the budget police departments of Murfreesboro, Smyrna, billion annual Federal onshore mineral reve- resolution for fiscal year 1996, and in opposi- LaVergne, Eagleville, and Woodbury along nues are generated from oil and gas royalties, tion to H.R. 1944, rescissions and disaster with the sheriff's departments in Rutherford as is nearly all of the $3 billion collected annu- supplemental appropriations for fiscal year and Cannon Counties. He has served with dis- ally from OCS lessees. Obviously, the Nation 1995. tinction all the citizens of the 16th Judicial Dis- benefits from this revenue stream and it's in f trict our best interest to maintain a royalty system REMEMBERING REBBE MENACHEM Rutherford County is indeed losing a valu- that encourages private industry to participate MENDEL SCHNEERSON, ZT’’L able leader who has shown all of us what it in onshore and offshore oil and gas develop- means to serve and undoubtedly will continue ment, where appropriate. HON. JERROLD NADLER to do so. Rutherford County's loss, however, But, Mr. Speaker, a serious shortcoming for is a big gain for General Dotson's five grand- OF NEW YORK the industry today is that effectively there is no children, who will be the new beneficiaries of IN THE HOUSE OF REPRESENTATIVES statute of limitations concerning the Federal his energy and attention. The golf course Government's auditing of royalty payments. Friday, June 30, 1995 beckons him as well. This means that an oil and gas producer's Mr. NADLER. Mr. Speaker, this evening, Please join me and all other middle Ten- books are never closed out and the Depart- Shabbos Korach begins, and Jews around the nesseans in wishing him well in his retirement. E 1386 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 PERSONAL EXPLANATION of the post-apartheid quest for democratic of capital punishment. In 1984 in Georgia, the government and a just society in that country, year after executions resumed, the homicide HON. GEORGE W. GEKAS we should live up to no lower of a standard in rate increased by 20 percent in a year when OF PENNSYLVANIA our continuing effort to uphold democracy and the national rate decreased by 5 percent. IN THE HOUSE OF REPRESENTATIVES justice in our own land. There can be no disputing the other evi- Violent crimes have unfortunately become a denceÐmurders have skyrocketed in recent Friday, June 30, 1995 constant in our society. Every day people are years, as have State executions. The govern- Mr. GEKAS. Mr. Speaker, on Friday, June robbed, raped, and murdered. We are sur- ment cannot effectively preach against vio- 30, 1995, I was unavoidably detained and rounded by crime and yet feel helpless in our lence when we practice violence. missed a record vote on approval of the attempt to deter, to control, and to punish. The The empty echo of the death penalty asks House Journal. Had I been present, I would sight of any brutal homicide excites a passion for simple retribution. Proponents advocate have voted `àye'' on Rollcall No. 465. within us that demands retributive justice. We that some crimes simply deserve death. This f have difficulty comprehending that which can- argument is ludicrous. If a murderer deserves not be understood. Mr. Speaker, we will never death, I ask you why then do we not burn the THE SPECIAL OLYMPICS WORLD comprehend the rationale of violent crime, but arsonist or rape the rapist? Our justice system GAMES the atrocity of the crime must not cloud our does not provide for such punishments be- judgment and we must not let our anger un- cause society comprehends that it must be HON. BARBARA B. KENNELLY dermine the wisdom of our rationality. We can- founded on principles different from those it OF CONNECTICUT not allow ourselves to punish an irrational ac- condemns. How can we condemn killing while IN THE HOUSE OF REPRESENTATIVES tion with an equally irrational retaliationÐmur- condoning execution? der is wrong, whether it is committed by an in- In practice, capital punishment has become Friday, June 30, 1995 dividual or by the State. a kind of grotesque lottery. It is more likely to Mrs. KENNELLY. Mr. Speaker, tomorrow, Violence begets violence. I cannot help but be carried out in some States than othersÐin the eyes of the world will turn to Connecticut wonder if the vigilante executions that are be- recent years more than half of the Nation's as the Special Olympics World Games open in coming more frequent in our country, whereby executions have occurred in two StatesÐ New Haven. More than 7,000 athletes from citizens arm themselves and mete out capital Texas and Florida. My home State of Texas 140 countries will compete in such sporting punishment for crimes such as ``tagging'' as led the Nation in 1993 with 17 executions, events as basketball, gymnastics, cycling, sail- happened in California and recently in my own more than three times the number of execu- ing, powerlifting, and golf. district in San Antonio, and knocking on one's tions in the State with the second highest rate. Since the first World Games in 1968, the front door and acting disorderly as happened The death penalty is far more likely to be im- Special Olympics have highlighted the skill in Louisiana, and numerous other incidents posed against blacks than whitesÐthe U.S. and determination of these very special ath- where property crimes are met with a lethal Supreme Court has assumed the validity of letes. Their dedication is inspirational and their response, are a direct result of the atmos- evidence that in Georgia those who murder skills impressive. phere of violence embraced by our Federal whites were 11 times more likely to receive The people of my home State of Connecti- and State governments as a proper response the death sentence than those who kill blacks, cut have opened their hearts and homes to to problems. Indeed, I wonder whether the and that blacks who kill whites were almost 3 athletes, coaches, and families from around overall escalation of violence in our society times as likely to be executed as whites who the world. Every town in the State is hosting perpetrated by criminals can be traced to the kill whites. It is most likely to be imposed upon a delegation. These games are expected to devaluation of human life as exhibited by our the poor and uneducatedÐ60 percent of draw thousands of international visitors, am- governments. death row inmates never finished high school. bassadors, and heads of state. For the first The United Nations Universal Declaration of And even among those who have been sen- time, the President of the United States will Human Rights states, ``No one shall be sub- tenced to die, executions appear randomly im- open these games. We owe our special jected to torture or to cruel, inhuman or de- posedÐin the decade since executions re- thanks to Tim Shriver and former Governor grading treatment or punishment.'' The death sumed in this country, well under 5 percent of Lowell Weicker, who have heightened the visi- penalty is torture, and numerous examples the more than 2,700 death row inmates have bility of these 1995 World Games. exist emphasizing the cruelty of the execution. in fact been put to death. I look forward to the next 2 weeksÐlet the Witness Jimmy Lee Gray, who was executed It cannot be disputed that most death row Games begin. in 1983 in the Mississippi gas chamber. Dur- inmates come from poverty and that there is f ing his execution he struck his head repeat- a definite racial and ethnic bias to the imposi- edly on a pole behind him and had convul- tion of the death penalty. The statistics are CALLING FOR A CONSTITUTIONAL sions for 8 minutes. The modernization to le- clear, as 92 percent of those executed in this AMENDMENT TO ABOLISH THE thal injection serves only as an attempt to con- country since 1976 killed white victims, al- DEATH PENALTY ceal the reality of cruel punishment. Witness though almost half of all homicide victims dur- the execution by lethal injection of James ing that period were black; further, black de- HON. HENRY B. GONZALEZ Autry in 1984. He took 10 minutes to die, and fendants are many times more likely to receive OF TEXAS during much of that period he was conscious the death sentence than are white defendants. IN THE HOUSE OF REPRESENTATIVES and complaining of pain. A 1990 report of the General Accounting Of- Despite the obvious mental and physical fice found that there exists `à pattern of evi- Friday, June 30, 1995 trauma resulting from the imposition and exe- dence indicating racial disparities in the charg- Mr. GONZALEZ. Mr. Speaker, I rise today cution of the death penalty, proponents insist ing, sentencing, and imposition of the death to introduce a joint resolution proposing a con- that it fulfills some social need. This simply is penalty. * * * In 82 percent of the studies, stitutional amendment to prohibit capital pun- not true. Studies fail to establish that the death race of victim was found to influence the likeli- ishment within the United States. I believe that penalty either has a unique value as a deter- hood of being charged with capital murder or the death penalty is an act of vengeance rent or is a more effective deterrent than life receiving the death penalty.'' Similar statistics veiled as an instrument of justice. Not only do imprisonment. We assume that perpetrators can be found in my area of the country with I believe that there are independently sufficient will give greater consideration to the con- regard to individuals of Mexican-American de- moral objections to the principle of capital pun- sequences of their actions if the penalty is scent; in fact, similar practices once prevailed ishment to warrant its abolition, but I also death, but the problem is that we are not al- with regard to women. The practice was to tell know that the death penalty is meted out to ways dealing with rational actions. Those who the murderer to leave town if he killed a Mexi- the poor, to a disproportionate number of mi- commit violent crimes often do so in moments can-American or a woman, as the feeling was norities, and does not either deter crime or ad- of passion, rage, and fearÐtimes where irra- that the murder must have been justified. We vance justice. tionality reigns. may have moved beyond that point, but not by At a time when South Africa's highest court, Rather than act as a deterrent, some stud- much. It is as much a bias in favor of the in the first ruling of the new multiracial Con- ies suggest that the death penalty may even ``haves'' and at the expense of the ``have- stitutional Court, has just abolished the death have a brutalizing effect on society. For exam- nots'' as anything else. penaltyÐon grounds that it is a cruel and in- ple, Florida and Georgia, two of the States Racial and ethnic bias is a part of our Na- humane punishment that does not deter crime with the most executions since 1979, had an tion's history, but so is bias against the poor. but which does cheapen human lifeÐas part increase in homicides following the resumption Clearly, the ability to secure legal assistance June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1387 and to avail oneself of the best that the legal travel to North Korea until the President cer- also rejected. Many of his views about the sit- system has to offer is based on one's financial tifies to Congress that North Korea does not uation in Korea are similar to mine. status. The National Law Journal stated in have a policy of discrimination against Mem- Unfortunately, I do not believe that North 1990, `Ìndigent defendants on trial for their bers and employees of the Congress in per- Korea realizes that its policy of picking and lives are being frequently represented by ill- mitting travel to North Korea on the basis of choosing the Members of Congress with trained, unprepared court-appointed lawyers national origin or political philosophy. whom it will cooperate is perceived by my col- so grossly underpaid they literally cannot af- As I am the only Korean-American ever to leagues here in Congress as an insult to the ford to do the job they know needs to be serve in Congress and am also a member of United States and to the United States Con- done.'' The American Bar Association has ad- the House International Relations Subcommit- gress. We cannot cede to North Korea the mitted as much. tee on Asian and Pacific Affairs, Speaker of right to determine which Members of Con- The legal process has historically been re- the House NEWT GINGRICH and International plete with bias, as well. We have a history of Relations Committee Chairman BENJAMIN GIL- gress should represent Congress in a bilateral exclusion of jurors based on their race; now, MAN encouraged me to lead a special, biparti- dialog. All U.S. Representatives and Senators the Supreme Court has sanctioned the exclu- san assessment mission to North Korea. This are equal in their respective Chambers. No sion of multi-lingual jurors if witnesses' testi- would be the first Republican-appointed con- one of us has more constitutional rights than mony will be translatedÐthis is particularly gressional mission to North Korea in 40 years. the other. We cannot allow North Korea to significant in my area of the country, in San The United States Congress will be required create different classes of Members of Con- Antonio. Further, we have executed juve- to approve of any further assistance or tech- gress. nilesÐchildren, actually, as well as those with nology transfers to North Korea. Congress will limited intelligence. Only four countries be- Furthermore, the way that the North Kore- also play an important role in determining the sides the United States are known to have ex- ans have chosen to snub Congress should pace and scope of future diplomatic and trade ecuted juvenile offenders in the past decade: make us even more suspicious about relations between Washington and Bangladesh, Pakistan, Iraq, and Iran. That's Pyongyang's true level of sincerity towards some company to be in. Pyongyang. Therefore, it is important for Con- their other interactions with the United States, There are moves on in Congress to speed gress to have an accurate and complete as- including the commitments they claim to have up the execution process by limiting and sessment of the situation in North Korea con- made in the recent nuclear agreement. I can ducted by a select group of its own Members. streamlining the appeals process. But when no longer see how some in the Clinton admin- A dialogue with North Korea's leaders and a the statistics show how arbitrarily the death istration can be so confident that North Korea first-hand examination of the implementation penalty is applied, how can we make any will comply in both letter and spirit with the re- of the recently achieved Agreed Framework changes without first assuring fairness? If the cent nuclear deal when Pyongyang sends the death penalty is a fair means of exacting ret- regarding North Korea's nuclear developments would clearly benefit the congressional deci- opposite signal through its disgraceful treat- ribution and punishment, then isn't fairness a ment of Congress. necessary element of the imposition of capital sionmaking process and ensure that as accu- punishment? There are no do-overs in this rate and complete information as possible It is ironic that in his reply to me, the Min- business when mistakes are made. would be available to Congress. Without ques- ister-Counselor of the North Korean Mission to The imposition of the death sentence in tion, the nuclear crisis on the Korean Penin- the United Nations in New YorkÐthe channel such an uneven way is a powerful argument sula is one of the most important national se- which is used to communicate with against it. The punishment is so random, so curity concerns of the United States today. PyongyangÐclaims that his country wants disproportionately applied in a few States, that Regrettably, the North Korean Government harmony and reconciliation between North it represents occasional retribution, not swift or has rejected the dates I have proposed for this Korea and the United States. As the only Ko- sure justice. My colleagues, I implore you to bipartisan mission. Initially, Pyongyang indi- rean-American in Congress, I am in the correct this national disgrace. Nearly all other cated that the dates I had proposed were in- unique position to communicate best with Western democracies have abolished the convenient for the North Korean Government. North Koreans and assess the sincerity of this death penalty without any ill effects; let us not Yet, North Korea invited a minority Democratic claim. be left behind. Let us release ourselves from Member of Congress to Pyongyang for one of the limitations of a barbaric tradition that the same periods of time I had proposed. This Yet, in the same letter North Korea rejects serves only to undermine the very human incident coupled with North Korea's latest re- the very mission that the new Republican rights which we seek to uphold. jection confirms to me that North Korea is leadership in Congress has approved to ex- The evolution in thinking in this area has afraid of allowing me and this special delega- plore this subject. Actions speak louder than progressed in nearly all areas of the world ex- tion into North Korea. words and North Korea's actions appear to be cept in this country, where the evolution halted I believe Pyongyang is afraid because I am very illogical and self-destructive. It appears and even began reversing itself in recent of Korean origin and am fluent in Korean. I that North Korea has thrown away an excep- years as the Federal Government has moved know the culture and the people. I would be tional opportunity to further the reconciliation to execute Federal prisoners and States such able to talk directly to the people and accu- process it claims to want. as Texas have accelerated State executions. rately read the expressions on their faces. I Those of us closest to the Korean issue in But among our country's most highly-educated would be able to see and understand thingsÐ and high-trained legal specialists, the evolution Congress have patiently put up with North Ko- some very subtleÐthat other Americans would rea's insulting behavior. But, enough is has been restarted. Former Supreme Court miss. In other words, the North Korean regime enough. North Korea is politically and eco- Justices Lewis Powell and Harry Blackmun knows it cannot mislead or fool me. came to the conclusion in recent years that nomically bankrupt. Without question, While I believe my national origin is, in large Pyongyang needs better relations with the capital punishment constitutes cruel and un- part, the reason for North Korea's rejection, U.S. Congress far, far more than the Con- usual punishment. Congress should pursue Pyongyang has also cited my fair and legiti- gress needs a dialog with Pyongyang. Thus, the line of thinking espoused now by these mate questioning of some of North Korea's ac- legal scholars in recognizing that capital pun- tions, including its human rights record. It is until the President can certify that North Korea ishment is unconstitutional and that this should telling that North Korea has rejected this mis- has reversed its discriminatory policy towards be declared in a constitutional amendment. I sion knowing that it has the endorsement of Congress, the legislation I am introducing urge my colleagues to join me in this effort. the new Republican leadership of the House today would preclude any official congres- f of Representatives. Thus, I also believe that sional travel to North Korea. It would ensure that the U.S. Congress maintains the dignity RESTRICTIONS ON TRAVEL TO my political philosophyÐa philosophy different and respect it deserves. NORTH KOREA NEEDED from that of the Member who was invited to North KoreaÐwas a factor in North Korea's Mr. Speaker, I invite my colleagues to co- decision. I have carefully chosen the words sponsor this responsible legislation and join HON. JAY KIM political philosophy because I am not con- OF CALIFORNIA me in sending a strong, clear message to vinced that party affiliation alone is a determin- IN THE HOUSE OF REPRESENTATIVES North Korea. ing factor for North Korea. I am aware that the Friday, June 30, 1995 recent request of a ranking Democratic mem- Mr. KIM. Mr. Speaker, I rise today to intro- ber of the Senate Foreign Relations Commit- duce legislation that would limit congressional tee to meet with North Korean officials was E 1388 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 TRIBUTE TO PRESIDENT SOGLO THE FLAG IS THE SYMBOL OF ciary responsibility to the American tax- OF BENIN OUR COUNTRY payer. That responsibility requires the Con- gress to track Federal Budget dollars to their usage point. HON. DAN BURTON HON. ENID G. WALDHOLTZ I feel strongly that these Federal dollars OF INDIANA OF UTAH represent the hard work of many Americans IN THE HOUSE OF REPRESENTATIVES who deserve the assurance that when they IN THE HOUSE OF REPRESENTATIVES are compelled to pay taxes, that these tax Friday, June 30, 1995 Friday, June 30, 1995 dollars are being used appropriately. Using Mrs. WALDHOLTZ. Mr. Speaker, the U.S. tax dollars for political advocacy not only Mr. BURTON of Indiana. Mr. Speaker, I violates the principles of free speech and free would like to express my support for the initia- flag is the symbol of our country. It is proudly association. Just as the U.S. Supreme Court tives of the Government of Benin. Benin, a carried into battle, and it is the basis for our has ruled (Abood v. Detroit Board of Edu- country the size of Pennsylvania with a popu- national anthem. It's more than a simple piece cation, 1977) that compulsory union dues lation of 5 million, is located in West Africa on of cloth; it is the symbol of what we stand for cannot be used to fund political activity, so, the Gulf of Guinea. It captured international at- as a nation. too, compulsory taxes should not be used for Over the years, Congress has repeatedly at- this purpose. The legislation several of us tention when in 1991 it was the first African are working on is but one step, though a nation to democratically elect a head of state, tempted to pass legislation that would prevent desecration of our national flag. Each time, the major step, in stopping some of the fraud, President Nicephore Soglo, a former World waste and abuse that plagues the Federal Bank director and friend of the United States public has expressed their overwhelming and Budget. of America. enthusiastic support. The various attempts at addressing tax- Over the last 5 years President Soglo and Unfortunately, and in my view incorrectly, payer-funded political advocacy problem the U.S. Supreme Court has ruled that burning have proven to be inadequate. Were this not his administration have instituted a series of the case the problem would not continue to economic reforms intended to reduce debt, in- the American flag is merely a form of free expression, and the Court overturned Congress' be a significant problem. The IRS Code re- crease exports, control inflation, and foster strictions on many of the non-profit organi- attempt to reflect the public's desire to protect growth in general. By 1992 Benin's economy zations and the Byrd amendment in 1990 began to respond and by the first quarter of this Nation's most treasured symbol. With that have all proven to be inadequate. Though it this year, economic growth was evident. As a ruling, the Supreme Court left us with no alter- is technically illegal to use taxpayer funds result of this economic turnaround, investment native but to pass a constitutional amendment. for lobbying, schemes have been created to circumvent the law. These include automati- possibilities abound in many of Benin's indus- The Court's action left us with an ironic result: It is illegal to deface a mailbox or to cally sending a certain percentage of grant tries, especially oil production and agriculture. money to cover overhead for the lobbying Benin is clearly one African country setting out mangle our currencyÐeither act carries a criminal penaltyÐbut it is not illegal to dese- arm, and subgranting funds to other organi- to disprove the notion that the continent is be- zations, in which case the audit trail ends. coming marginalized. crate the flag. Personally, I am not com- Sometimes the laws that exist are so vague fortable with what that says about our values One of the most important of Benin's eco- and unenforceable that they are not satisfac- as a Government. nomic reforms was the devaluation of its cur- tory. An example of this is the lobby reg- In the wake of the Supreme Court action, 49 istration and reporting requirement for Con- rency, the CFA franc, in 1994. As a member States have passed resolutions calling on gress. Lobbying is not defined in the law, so of the West African Monetary Union, Benin Congress to pass a constitutional amendment lobbyists only report time and expenses for uses the CFAÐFrench for African Financial to protect our flag from desecration and send time on Capitol Hill, not time spent in the CommunityÐfranc which is tied to and sup- office studying the issues, making phone it back to the States for ratification. I would ported by the French franc and is fully con- calls to prepare for visits, etc. The Byrd have preferred to resolve this issue with statu- vertible. The overvalued CFA franc had amendment never defined appropriated tory language rather than through a constitu- skewed the economy towards trade rather funds, so funds are no longer considered ap- tional amendment, but we have already at- propriated after they’ve been deposited into than investment which is necessary for tempted that. Congress is not able to pass a the organization’s checking account. growth. ``Finance & Development'' magazine statute which we can guarantee will not be The goal is not and never should be to re- stated in a June, 1995 article that, since the overturned by the Supreme Court. strict free speech. Instead, the goal is to devaluation, member countries of the franc avoid the use of tax dollars to subsidize the Our action reflects the will of the American zone have made great strides toward eco- private speech of those who have political people to protect and preserve the most cher- nomic recovery. The goal of the devaluation connections or who rely on taxpayers’ money ished symbol of this great Nation. was to help member nations regain competi- to advocate their political views. f Upon examination of this problem, I feel tiveness by shifting resources from low growth the following principles must be put into law sectors, often artificially protected, to sectors POLITICAL ADVOCACY WITH regarding the usage of Federal funds by Fed- where the country enjoyed a comparative ad- TAXPAYER DOLLARS eral grantees: vantage. These objectives were largely met in a. The term ‘‘lobbying’’ is too narrow to be Benin, as evidenced by the growth in GDP, useful for this purpose. The broader term limited inflation, and improved balance of pay- HON. ERNEST J. ISTOOK, JR. ‘‘political advocacy’’ should be used and de- OF OKLAHOMA fined under the law. This definition would ments. extend to Federal grantees engaging in polit- Benin has numerous resource-based enter- IN THE HOUSE OF REPRESENTATIVES ical campaigns, lobbying the legislative or prises which offer many investment opportuni- Friday, June 30, 1995 executive branch agencies from the Federal to the state and local level, and engaging in ties for American businesses. One of the most Mr. ISTOOK. Mr. Speaker, please include promising is oil and gas. An offshore petro- efforts to influence general and specific pub- the following remarks in the RECORD regarding lic policy through confirmations, referen- leum field is located near Cotonou, the prin- ``Political Advocacy with Taxpayer Dollars.'' cipal city in Benin, and 4 billion cubic meters dums or judicial action. POLITICAL ADVOCACY WITH TAXPAYER DOL- b. No federal funds should be used for polit- of gas reserves were recently discovered in LARS VIOLATES THE RIGHTS OF ALL TAX- ical advocacy. the Seme oil field. These discoveries have PAYERS c. No grant funds should be used to provide support to other organizations who, in turn, generated serious attention in the World Bank (Testimony of Representative Ernest J. conduct political advocacy. plans for a major natural gas trunk line from Istook, Jr., June 29, 1995, before the House Nigeria to run west through Benin, Togo, and d. No organization that receives a federal National Economic Growth, Natural Re- grant should, in turn, grant those funds to Ghana. sources and Regulatory Affairs Sub- others, except as provided in the authorizing Recently, many American investment committee) law that created the organization (i.e. the houses have started to see Africa as an eco- It is time to end taxpayer funded political Institute of Peace, the Corporation for Pub- nomic area on the cusp of exploding growth, advocacy! Over 40,000 organizations receive lic Broadcasting, etc.) Such grantees should the last true emerging market. over $39 billion in Federal grant funds di- be under the same obligation as if they re- Mr. Speaker, the U.S. Government must rectly. Preliminary examination of the prob- ceived the Grant directly from the Federal lem makes it apparent that grant abuse is government. Current law does not require support all efforts of African nations like Benin rampant and needs to be addressed with sys- this. This will not include state and local to democratize and continue on the path of temic reform. Systemic reform must not be governments, but would include any private economic reform and growth. The Government targeted at any particular group nor any entity which receives federal grant funds, of Benin's efforts will mark a new era not only particular political philosophy but must passed through to them by state or local in West Africa but in all of Africa. allow the U.S. Congress to perform its fidu- governments. June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1389 e. Any Federal grantee should be subject to Supreme Court ruled in Abood v. Detroit subsidize that lobbying, and other disadvan- an audit, at the government’s request, and Board of Education that it was unconstitu- tages that might accompany that lobbying.’’ must prove ‘‘by clear convincing evidence’’ tional to require teachers to contribute to a (Regan v. TWR) 461 U.S. 540 (1983) that any funds used for political advocacy union where the dues were used to support There is no attempt in our proposed legis- did not come from Federal funds. Grantees ideological causes the teacher opposed. The lation to suppress or limit the First Amend- are expected to use ‘‘generally accepted ac- court said that taxpayers should not be re- ment rights of recipient organizations. There counting principles’’ (GAAP) in keeping quired, either directly or indirectly, ‘‘to con- is no ideological classification to apply this records. This provision will not require any tribute to the support of an ideological cause to some groups while exempting others. That unusual accounting methods, and will deter, [they] may oppose.’’ Where recipient organi- would not be right. The same standards must in fact, ‘‘creative’’ or otherwise lax account- zations receive both a tax exemption and apply to all organizations, regardless of their ing. government funding and then use govern- place on the political spectrum. Potential f. The federal dollar should be followed to ment funds to engage in political advocacy, federal grantees would remain free to engage its point of use. This will insure Congress is it is clear the government, and hence the or not to engage in political advocacy as able to insure each taxpayer dollar is appro- taxpayers, are both supporting the political they see fit. I repeat, potential federal grant- priately used for its intended purpose. views advocated by the recipient organiza- ees would remain free to engage or not to en- g. Information about all of these grants tion. The Supreme Court noted several years gage in political advocacy as they see fit. should be available to the general public. ago in First National Bank of Boston v. They are simply prevented from receiving a CASE STUDY: THE NATURE CONSERVANCY Bellotti that where governmental action tax-paid subsidy for their political advocacy. Our legislation also should not be com- We have already heard testimony today ‘‘suggests an attempt to give one side of a pared to the anti-lobbying bill in the 103rd about the Nature Conservancy’s use of Fed- debatable public question an advantage in expressing the views to the people, the First Congress. There is no attempt in this bill to eral taxpayer dollars to crush local opposi- Amendment is painfully offended.’’ curb or restrict grass-roots lobbying organi- tion to a nature sanctuary. This action, even Thus the right of free speech also includes zations. Nor is there a focus on lobbying as if it were authorized by Congress, violates the right not to speak. It includes the right a whole. The touchstone, the trigger for this the rights of the citizens of that county in not to support causes or ideologies with tax act, and its provisions, would specifically Florida. The Nature Conservancy, from what dollars. No taxpayers should be compelled to apply to federal grantees engaging in politi- we know in this case, used at least $44,000 support ideological causes or political points cal advocacy, directly or indirectly, with from the Department of Commerce to Na- of view with which the taxpayer disagrees. those funds, thus violating the free associa- tional Oceanic and Atmospheric Administra- This is very important because taxes com- tion rights of U.S. taxpayers. tion (NOAA), plus $75,000 (most likely Fed- pulsory, not voluntary. Thus the federal gov- LIMITED PUBLIC ADVOCACY eral funds) from other organizations’ ernment has a special duty to protect free To be sure, many individuals, organiza- subgrants. speech and prevent, whenever possible, the tions and businesses in this country spend In the Nature Conservancy’s ‘‘NOAA Per- infringement of the free speech of all tax- some of their funds on political advocacy. formance Report for the Quarter Ending Sep- payers. tember 30, 1993,’’ they discuss 21 items, 19 of This position is clearly supported by the This is a normal activity and should not be which are clearly political advocacy under Supreme Court. On May 23, 1983, the United suppressed. After all, we live in a civil soci- the definition I expect to outline in my pro- States Supreme Court unanimously upheld ety that depends upon democratic participa- posed legislation. Items included preparing the right of the Federal government not to tion in the political process. Thus, the fact testimony for people to testify before Con- subsidize the lobbying activities of private, that an entity engages in political advocacy gress and ad campaigns. Please notice their nonprofit, tax-exempt organizations. In the should not automatically bar the receipt of item 17, which states that they spent money case of Regan v. Taxation with Representa- federal grant money. However, government for this effort: tion of Washington, 51 U.S.L.W. 1588 (1983), oversteps the bounds of neutrality when it Developed and directed plan to counter op- Taxation with Representation of Washington begins to award grants to selected entities position’s push for a county-wide referendum (TWR), a nonprofit corporation organized to that have as one primary purpose the con- against the establishment of the Sanctuary. promote what it conceived to be the ‘‘public duct of political advocacy. Recruited local residents to speak out interest’’ in the area of federal taxation, ap- The First amendment guarantees the right against referendum at two Board of County plied for tax-exempt status under Section to petition the government for a redress of Commissioners hearings. Organized planning 501(c)3 of the Internal Revenue Code. The grievances. But it does not require the gov- conference call with members of the Center IRS denied the application because a sub- ernment to pay you for it. After careful re- for Marine Conservation, the Wilderness So- stantial part of the organization’s activities view, I have found that a reasonable thresh- ciety, and the Nature Conservancy to discuss consisted of lobbying activity. TWR sued old is when organizations spend 5% or more plan. Plan was successful in blocking ref- based on First amendment and equal protec- of their annual expenditures to conduct po- erendum (a 3–2 vote), and generated many tion under the fifth amendment. The court litical advocacy. This provision is similar to positive articles and editorials using many of rejected TWR’s contention that the govern- the IRS 501(h) safe-harbor provisions of the the messages discussed in plan. ment may not deny their application for tax- IRS Code for non-profit organizations. This They blocked a public vote on their plan. exempt status. The Supreme Court stated: code provision prohibits a wide variety of po- This is raw political activity. It does not de- Both tax exemptions and tax-deductibility litical activity over $1,000,000 in expendi- serve a subsidy from the voters who they are a form of subsidy that is administered tures. While the 5% threshold is seemingly sought to silence. through the tax system. A tax exemption has small, such a percentage is, in fact, quite sig- The issue is not which organization was much the same effect as a cash grant to the nificant: First, in this modern information bigger, more organized, etc. I would be just organization of the amount of tax it would age, with cheap and high-speed means of as disturbed with any other group Federal have to pay on its income. . . . Congress has communication, a little money can go a long grant dollars and using those dollars to not infringed any First Amendment rights or way; and second, because of the fungibility crush local opposition to their members’ regulated any First Amendment activity but of cash, each federal dollar received by a goals. has simply not chosen to subsidize TWR’s grantee frees up more private dollars for po- We have the right to freely associate with lobbying out of public funds. . . . A legisla- litical advocacy, thereby leading to a grow- those who espouse principles that we en- ture’s decision not to subsidize the exercise ing amount of indirect government support dorse. The key word here is ‘‘freely.’’ When of a fundamental right does not infringe on for political advocacy. tax dollars are used for political advocacy, that right and thus is not subject to strict CONCLUSION this is not, by any definition, a free speech scrutiny. It was not irrational for Congress Provisions of the legislation we are propos- or free association. to decide that tax-exempt organizations such ing is designed to protect the First amend- FIRST AMENDMENT PROTECTION as TWR should not further benefit at the ex- ment rights of all Americans and, at the Some opponents have a general misconcep- pense of taxpayers at large by obtaining a same time, fulfill the trust that voters in tion that it is unconstitutional to prevent further subsidy for lobbying. . . . We have this Nation have given members of Congress. organizations, especially non-profit organi- held in several contexts that a legislature’s As the Supreme Court has stated, ‘‘Congress zations, from engaging in political advocacy decision not to subsidize the exercise of a is not required by the First Amendment to with taxpayer dollars. Nothing could be fur- fundamental right does not infringe the subsidize lobbying. . . . Congress—not TWR ther from the truth. It is, in fact, unconsti- right. . . . It is also not irrational for Con- or this Court—has the authority to deter- tutional to permit recipients of federal funds gress to decide that, even though it will not mine whether the advantage the public from engaging in political advocacy with subsidize substantial lobbying by charities would receive from additional lobbying by those dollars. In the case of Rob Jones Uni- generally, it will subsidize lobbying by veter- charities is worth the money the public versity v. United States, the Supreme Court ans’ organizations. . . . Congress is not re- would pay to subsidize that lobbying, and noted that, ‘‘When the Government grants quired by the First Amendment to subsidize other disadvantages that might accompany exemptions or allows deductions, all tax- lobbying. . . . Congress—not TWR or this that lobbying.’’ (Regan v. TWR) Congress is payers are affected; the very fact of the ex- Court—has the authority to determine charged with insuring taxpayer funds are emption or the deduction for the donor whether the advantage the public would re- spent properly, for the public good. The leg- means that other taxpayers can be said to be ceive from additional lobbying by charities islation we are crafting has been carefully indirect and vicarious ‘donors’.’’ In 1977, the is worth the money the public would pay to designed to keep the compliance burden as E 1390 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 low as possible, while insuring that the World Food Day, held for the first time in The teleconference theme, exploring the rights of all Americans are protected. 1981 and marking the anniversary of the growing scarcity of water and conflicts over I invite public comment on the ideas pre- founding of FAO in 1945, has captured the the division of available supply among agri- sented in my testimony and regarding our imagination of people throughout the world. culture, industry, urban needs and the envi- proposed legislation. In the U.S. the day is observed in virtually ronment, was discussed by panelists in a f every community in the country, with espe- global context, but with special emphasis on cially strong support in schools, worship cen- problems and needs of North and South WORLD FOOD DAY ters and food banks. The U.S. National Com- America. Water issues facing the western mittee for World Food Day has grown in part of the United States were featured, and membership to more than 450 private vol- for the fourth year one of the invited inter- HON. BENJAMIN A. GILMAN untary organizations and works directly at national panelists came from Latin America. OF NEW YORK the grassroots through more than 20,000 com- This Study/Action Packet is not intended to be a comprehensive analysis of global IN THE HOUSE OF REPRESENTATIVES munity organizers. Serving on the teleconference expert panel water issues but as an overview and intro- Friday, June 30, 1995 in 1993 were Jose´ Felix Alfaro, international duction to the theme, special viewpoint pa- Mr. GILMAN. Mr. Speaker, for 11 years the consultant on water resource planning, San- pers included in the packet and donated by their authors came from Sandra Postel, au- U.S. National Committee for World Food Day dra Postel, director of the Global Water Pol- icy Project in Cambridge, Massachusetts, thor of the book ‘‘The Last Oasis,’’ B. has offered a teleconference on critical food Rita Schmidt Sudman, executive director of Delworth Gardner and Ray G. Huffaker from policy issues to colleges and universities in the Water Education Foundation in Sac- Brigham Young University in Utah and the the United States and through the facilities of ramento, California and Hans W. Wolter, University of Tennessee, Matias Preto-Celi the U.S. Information Agency WorldNet service chief of the Water Resources Development of the FAO Regional Office for Latin Amer- to embassies and institutions throughout the and Management Service of the UN Food and ica an Professor Nnamdi Anosike of Rust Western Hemisphere. In 1993 and again in Agriculture Organization. The moderator College in Mississippi. Also included was a 1994, WorldNet also made it possible for the was Alex Chadwick of National Public Radio. special interview on western water issues THE TELECONFERENCE CONCEPT with Secretary of the Interior Bruce Babbitt. telecast to be received in Africa and Asia. The packet also included a special 24-page In the U.S. the World Food Day teleconfer- The World Food Day program dealt with the Manual for Community Action on Water ence has become a model for development increasing use of water and the decreasing Policies and Programs. This was the elev- education on global issues, in part because of enth study/action packet prepared in con- quality of the supply in nearly all world re- the enormous growth in interactive site par- junction with the teleconference series and gions. Abundance is giving way to public pol- ticipation and the additional millions of the fifth to be undertaken directly by the icy decisions on resource allotment and cost viewers accessed through collaborating net- U.S. National Committee for World Food sharing. There is an urgent need for the inter- works and in part because of the year-around Day. Previous packets were prepared by the use of the program’s study materials and the national community, national governments and Center for Advanced International Studies at teleconference videotape itself in college- citizen organizations to make decisions relat- Michigan State University and by the Office level courses in a great variety of dis- ing to the competing uses of the environment, of International Agriculture at the Univer- ciplines. The ‘‘internationalization’’ of the agriculture and human consumption needs. sity of Illinois. Funding for the 1993 packet program since 1990 has further increased its was partially provided by the Agency for I want to thank the U.S. National Committee impact and was broadly welcomed by partici- International Development. General funding for World Food Day and the Committee's na- pating colleges and universities in the U.S. for the teleconference program was provided tional coordinator, Ms. Patricia Young, for their The main components of the teleconference by the U.S. National Committee for World efforts in bringing this important subject to package are: (1) a Study/Action Packet of Food Day, FAO and Covenant Presbyterian print materials prepared by the non-govern- public attention and in helping prepare for the Church of Scranton PA. international conference. I want to thank the mental U.S. National Committee for World TELECONFERENCE OUTREACH U.S. Agency for International Development for Food Day and distributed to all participating The WFD teleconference has grown each their support and technical assistance in the schools and other study centers (and distributed in Spanish to the participating sites in year since it was begun in 1984. Teleconfer- organization of the World Food Day Tele- Latin America); (2) the three-hour satellite ence impact continued to grow in 1994 in at conference. I also want to praise USIA telecast on World Food Day composed of least three other ways. For the ninth year WorldNet for a job well done in carrying the three hour-long segments for expert panel the program was used by professional organi- program throughout Latin America and the presentations, site consideration of the is- zations for continuing education credits. Caribbean and to additional sites in the rest of sues and a site-panel question and answer These credits (or professional development the world. interchange; (3) publication of the tele- units) were offered again in 1994 by the Mr. Speaker, I urge my colleagues to read conference report including written re- American Dietetic Association, the Amer- ican Home Economics Association and the exclusive summary of the World Food Day sponses by panelists to questions that were not taken up on the air for reasons of time; through the Catholic University of America Teleconference, and I wish to insert it in the and (4) analysis by selected site organizers to clergy and social service professionals. RECORD at this point. after each year’s program to make rec- Beginning in 1989 there has been a steady 1994 TELECONFERENCE EXECUTIVE SUMMARY ommendations for the year to follow. All of rise in teleconference participation by high The eleventh annual World Food Day Tele- the main teleconference components are de- school students, initiated by both individual conference was broadcast from the studios of signed as college-level curricular aids. schools and school systems. The audience of George Washington University Television in THE STUDY/ACTION PACKET home television sets accessed by cooperating networks is believed to be in the millions, Washington, DC on October 14, 1994. It linked The Study/Action Packet is designed as an reached through the Catholic Telecommuni- a distinguished international panel of ex- integral part of the teleconference package, cations Network of America, AgSat, Vision perts on food, water and agriculture to more but also serves as a separate study resource Interfaith Satellite Network, PBS Adult than 1,000 receive sites in the United States for groups planning World Food Day observ- Learning Satellite Service and individual and the Western Hemisphere. There were ances but not participating in the telecast. PBS and cable stations. also a number of passive sites in Asia and Af- More than 1,500 copies of the packet were rica. The theme for the teleconference was distributed on request in the months prior to THE TELECONFERENCE BROADCAST SUMMARY ‘‘Sharing Water: Farms, Cities and the broadcasts to colleges, other institu- The telecast opened with questions from Ecosystems.’’ tions, community study groups, schools and the moderator to each member of the panel After years of growth since the World Food individuals. All or part of the packet mate- in the area of their special interest or exper- Day teleconference series began in 1984, the rials were reproduced by many of the partici- tise. Dr. Alfaro was asked to judge the grav- program is believed to be the largest, single pating sites. ity of water problems in Latin America. He development education broadcast ever orga- Again in 1994 the Study/Action Packet was replied that water concerns are very wide- nized in the U.S. The Spanish-language translated into Spanish and reprinted by the spread in the region in large part owing to broadcast, involving simultaneous interpre- FAO Regional Office for Latin America and the rapid human migration from rural areas tation from English, began in 1990 with a the Caribbean and distributed throughout into cities and the consequent overwhelming pilot project in Mexico through the coopera- the region by the network of FAO country of water services and infrastructure. Profes- tion of the Instituto Tecnolo´ gico de representatives. Copies of the English ver- sor Postel was asked her views on problems Monterrey, which relayed the broadcast in sion were also distributed to U.S. embassies of irrigation. She pointed out that while Spanish to its 26 national campuses. Out- on request. only 16% of world cropland is irrigated this reach to the rest of Latin America and the The 1994 packet was developed by the U.S. land produces more than a third of all the Caribbean was initiated in 1992 with the sup- National Committee for World Food Day world’s food. Since population continues to port of the UN Food and Agriculture Organi- with the cooperation of several institutions rise very quickly, she said, it is a cause of zation and the U.S. Information Agency and organizations which contributed mate- major concern that the amount of irrigated WorldNet system. rial from their own research and analysis. land per capita has been slowly declining for June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1391 the past decade. She also noted that much of farmers can sell rights to surface water and contracts for 40 years of water supply. Now current irrigation is unsustainable over the then meet their own needs by increased that these contracts are running out, soci- long term because it is coming from pump- pumping of groundwater which is not a solu- ety’s values have changed and people are ing groundwater (water from wells rather tion over the long term. Rights to ground- saying we need to give less to farmers and than river diversion) faster than it is being water, she added are much less well estab- more to protect fish and birds. About 12% of replenished by nature. lished by law. Dr. Alfaro noted that the point formerly agricultural water is now being di- The moderator then noted that the state of of irrigation is to increase production, but verted back into rivers and streams to pro- California has a special relevance in a dis- that more is required than water and that tect the environment. That has hurt farm- cussion of water use because of its enormous poor farmers are not able to take part in the ers, she said. But most people think it is the agricultural production in a semi-arid cli- productivity gains. There is, therefore, the right thing to do. mate through very large water diversion danger, he said, that water will be one more Prof. Postel described the need for a projects. Rita Sudman noted that state’s production factor going to rich farmers but ‘‘water ethic.’’ In the past, she said, we sim- past achievements but said that a new situa- not to poor. Dr. Wolter noted that this does ply projected demand and tried to ensure tion is evolving in which agriculture is under not have to be the case, that in Bangladesh, that the supply could be there for human pressure to relinquish part of its water sup- for example, the introduction of small and purposes. A ‘‘water ethic’’ implies a recogni- ply in order to meet needs of urban areas and cheap pumps to tap groundwater, which is tion of water ecosystems which are vital in the natural environment. California, she plentiful there, has led to competitive water themselves as well as to human needs and added, could in a sense be a laboratory for marketing that is serving the very small would be protected as a first priority. Ms. much of the world in its search for solutions holders. Sudman added that while this is what Cali- to water sharing. Dr. Wolter was asked, as an The moderator then asked the panel to fornia is now trying to accomplish there is a official of the UN Food and Agriculture Or- consider future problems of water quantity gap in knowledge of exactly how much water ganization, if water problems could slow the and quality to meet human needs. is needed to achieve each purpose. If the goal growth in food production globally. He re- Ms. Postel said her statistics and projec- is to double the fish population, can that be plied that there exists very serious water tions point to a worsening situation in much done by just adding more water to stream problems regionally, and noted that about of the world. She noted that 27 countries al- flow and how much more? We don’t yet 230 million people live in countries with ready live with severe water shortages, but know, she said. acute water shortage. However, he added, that this number could jump to 40 countries Dr. Alfaro, speaking as a devil’s advocate, water problems in most regions can be solved in the coming years and this will mean more noted that the U.S. is a very rich country, by new supplies and/or improved manage- competition for water and then for food. Dr. but that such care of the environment may ment. Wolter noted that most of the countries in not be a logical priority of a poor society. The panel as a whole then took up the water scarcity exist around the Mediterra- There, he said, where there are no food question of whether water should be consid- nean Sea and that generalizations may not stamps, the top priority for the poor is food ered as a ‘‘good’’ in the economic sense, with be valid elsewhere. Africa, for example, has a to eat. Prof. Postel said that countries could a unit market value. Dr. Wolter began the vast amount of unutilized water capacity not wait for environmental protection until discussion by noting that a) water is an eco- and there could be a period of intensive in- poverty problems are solved and a certain nomic commodity in the sense that it serves vestment in water diversion and dam con- level of development achieved because un- production purposes, but that it also has so- struction ahead. Efficiency will be very im- checked destruction of the environmental cial and even cultural characteristics that portant, he said, but all options of supply systems lead to the loss of resources on make it difficult to treat only as an eco- and management need to be considered. which jobs for people depend. Dr. Walter sug- nomic good; and b) that there are further On the issue of water quality in food pro- gested that there are, in fact, conflicts be- characteristics of water that make it dif- duction, Dr. Alfaro said that quantity and tween development and environmental pro- ferent from other resources—that it is ex- quality are part of the same problem. Nearly tection and answers will be complicated. Dif- tremely bulky, difficult to store and trans- 30% of all irrigated cropland is now affected ferent countries face different problems and port and, in the private sector, difficult to by waterlogging or salinization, he said. In difficult choices, he said, and we can’t im- establish property rights to it. part the solutions to this are technical, such pose our values on them from the outside. Prof. Postal said there is not doubt that as better drainage, but in part they can be At the close of the first hour, the modera- water is undervalued as a resource because it cultural, for example where people go on tor asked Prof. Postel whether the world has always seemed plentiful and that market raising rice in very light soil more suitable would have ample water resources if they are allocation in some ways can bring effi- to other crops. Cultural, political and even managed sustainably. She replied that a part ciencies in water use. However, she noted, religious regimes can complicate introduc- of the problem today is that an important the market cannot meet all the social needs tion of technical solutions, he said. share of our food production and water use is not sustainable over the long term. For ex- for water and, in particular, intervention in The panel then took up the situation of ample, groundwater is being pumped out far the market by governments will be required water for urban systems and drinking water. faster than it is replenished by nature. First, to protect the natural environment. Prof. Postel noted that only about 8% of all Furthering this point, using California as water used is for cities, but that this 8% is as water becomes scarce it grows more ex- an example, Ms. Sudman noted a) that while difficult to supply, store, treat for contami- pensive to pump so food becomes more ex- people like to say that water is free it really nants and distribute. It is also difficult and pensive too, and second, the reduced supply isn’t because in one way or another the pub- expensive to collect and treat waste water in the ground will become salty. At this lic pays the cost of infrastructure, distribu- before it is returned to the environment. point in time, she said, we need to be much more concerned with managing our water de- tion and purity maintenance; and b) that the With populations growing and big cities mand rather than increasing our supply— simple ability of cities to pay for water does growing even faster, she said, all these prob- learning to do more with less. not answer the problems of rural commu- lems are multiplying. And, she noted, ac- nities. The need now, she said, is to work out cording to UN estimates there still are more THIRD HOUR QUESTIONS AND ANSWERS systems of sharing and balance, but that this than a billion people who don’t have access As in previous years, the third hour of the is not always easy or the solutions clear. to safe drinking water. teleconference program was devoted to ques- Dr. Alfaro noted that water marketing can Dr. Wolter noted that the International tions directed to the panelists by the partici- be useful up to a point, but that there would Decade on Safe Drinking Water and Sanita- pating sites. All questions received were an- be very real political and equity problems in tion has yielded some interesting results. swered either on the air during the third a pure market system. In Latin America, he Conditions in rural areas have improved very hour segment or by the panel members in noted, there are millions of small, subsist- rapidly, but not the situation in the cities writing afterward. These written answers are ence farmers who do not have the means to where infrastructures have not kept pace. part of the teleconference report. Questions pay for the water they need for their crops. Planners and governments need to take a were received from Canada, the U.S., Latin Ms. Postel added that if water prices are dis- more integrated approach and be more aware America and the Caribbean. Subjects in connected from crop prices this adds another of the ramifications of water intervention which there tends to be the greatest interest destabilizing factor to agriculture. However, both upstream and downstream. However, he among the participating sites included: how she added, the high cost of pumping water in added, these are policies of governments and water marketing might affect poor farmers areas of the U.S.—where water rights are not the UN agencies can only offer advice when and poor countries; what kind of system a central issue—has brought about great im- asked. could be devised that would adequately provements in efficiency. The moderator then asked the panel to maintain the natural environment and still Dr. Wolter noted that before markets can consider which sectors of the population leave water for human needs; how is sustain- play a normal role there has to be an alloca- might be most affected by new water poli- able water used possible if population con- tion of water rights, and that this does not cies. Ms. Sudman noted that in California tinues to increase; what kind of incentives exist in most countries where there is no there is no doubt that agriculture will be the are there to encourage efficiency in water clear ownership and very few statistics on sector most affected since the farmers have use; what are the trade-offs in poor countries resource availability and use. FAO, he added, control of about 80% of all water taken for between environmental protection and in- is helping these countries to reform their human use. The great water projects were dustrialization and is it possible to avoid the policies and institutions. Ms. Sudman noted built in the 1930s and 1940s primarily to im- conflict; and, who should manage water mar- that there is a further complication because prove agriculture, and the farmers signed kets, governments or private institutions. E 1392 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 Panel responses to all these questions varied, practices limited by state boundaries, un- ment in more than one or two states makes sometimes fundamentally, but there was duly constricts the practice of telemedicine. it prohibitive, if not impossible, to achieve. general agreement on three points: (1) that As a result, medical services today stops at IS INDIVIDUAL STATE LICENSURE REQUIRED? governments and the international support state boundaries. American consumers are The Tenth Amendment of the community now recognize the seriousness of blocked from accessing medical care avail- U.S.Constitution reserves to the states the water problems; (2) that answers are nec- able in other states absent their ability to power to protect the health and safety of essarily complex both because of the nature travel away from their own homes and com- state citizens, hence the ability of the states of the resource and the conflicting user de- munities. to regulate and license healthcare providers. mands; and (3) that there is still time for The challenge facing all concerned with Almost every state statutorily defines the most countries and regions to adjust and advancing medicine, and the sincere intent practice of medicine, and a typical statute modernize their water policies before a crisis of our effort, is to preserve the reads: occurs, but that action is necessary. credentializing and monitoring efforts of ‘‘The practice of medicine means . . . to di- f each state while providing instant and im- agnose, treat, correct, advise or prescribe for mediate access to appropriate levels of care any human disease, ailment, injury, infir- BRING TELEMEDICINE TECHNOL- where not otherwise available. mity, deformity, pain or other condition, OGY TO THE AMERICAN PEOPLE THE CURRENT STATE OF PHYSICIAN LICENSURE physical or mental, real or imaginary, by IN THE UNITED STATES any means or instrumentality.’’ HON. RON WYDEN In some states, there are limited excep- It appears that despite the presence of a tions to the rule that a physician or dentist primary/referring physician, the physician OF OREGON must possess a license in each state to which consulting via telemedicine who attempts to IN THE HOUSE OF REPRESENTATIVES he practices medicine. Statutory ‘‘consulta- diagnose the patient is practicing medicine Friday, June 30, 1995 tion exceptions’’ allow an out-of-state physi- where the patient is located. The phrase ‘‘by cian or dentist to enter a state to see a pa- any means or instrumentality,’’ while not Mr. WYDEN. Mr. Speaker, the House will tient at the behest (and in the presence) of a common to all states, frequently appears in consider H.R. 1555, the Communications Act locally licensed physician or dentist. How- state definitions. Courts would determine of 1995 after the Fourth of July district work ever, consultations are often required to be that telemedicine was the ‘‘instrumentality’’ period. limited in duration, and a number of states used to reach a diagnosis, and find that the If done properly, telecommunications legisla- which possess them are acting to close them state definitions bring telemedicine consult- tion will open the doors to radical advances in for telemedicine practitioners. In 1995, Colo- ants under their jurisdiction. States guard their power to regulate for health and safety technology for our constituents. In reshaping rado, South Dakota, and Texas have considered amendments to their consultation stat- purposes, and the U.S. Supreme Court has America's telecommunications laws, the Con- utes prohibiting out-of-state telemedicine upheld their ability to do so.2 Therefore, it is gress must consider as many potential appli- practitioners from ‘‘entering’’ without being unlikely that state courts would surrender cations of telecommunications technology as licensed in their state. Utah repealed its con- jurisdiction over an out-of-state physician or possible. After all, it's been 60 years since the sultation exception effective in 1993, and the dentist who practiced medicine via tele- last rewrite to telecommunications law. Kansas Board of Healing Arts passed a regu- communications on a patient located in During Commerce Committee consideration lation (which conflicts with its statutory their state. Courts will find that the medi- of H.R. 1555, the Communications Act of consultation exception) which requires out- cine was being practiced where the patient of-state telemedicine practitioners to be li- was located, and therefore the physician or 1995, I raised the issue of telemedicine in an dentist should have been licensed in the pa- effort to expand the use and development of censed in Kansas. Additionally, a number of states prohibit tient’s state. Such a finding would have a this exciting health care technology. out-of-state consultants from establishing chilling effect on telemedicine, since licen- Telemedicine is a diverse collection of tech- regularly used hospital connections. If con- sure cannot be obtained in every state by nologies and clinical applications. The defining sultants cannot use telemedical facilities at every specialist who participates in even one aspect of telemedicine is the use of electronic out-of-state hospitals, this limits the avail- consultation. signals to transfer information from one site to ability of specialized healthcare to under- The means for attaining these goals are to have the patient under the care of a physi- another. Telemedicine's potential is immense; served areas. The ‘‘consultation exceptions’’ are simply not useful or dependable for the cian licensed in the same state of residence including for rural care, emergency care, home but allowing consultative evaluations of the care, medical data management, and medical future of telemedicine. They are easily amended to exclude telemedicine practition- patient by specialists licensed in another education. ers, they require the presence of a locally li- state. Other health care professionals, such I offered and withdrew an amendment to censed physician (which may not always be as physician assistants, must be under the allow licensed physicians in one State to con- possible), and only one-half of the states pos- supervision of a licensed physician. duct consultations with licensed health care sess exceptions broad enough to be used by IS INTERSTATE TRANSMISSION OF TELEMEDICINE practitioners in another State. I withdrew the telemedicine consultants. REQUIRED? amendment at the request of Members who While some have argued that the distant Just as the technology for the trans- sought additional time to explore the issue patient is ‘‘transported’’ to the physician or mission of sound and images has witnessed with the objective of crafting a bipartisan floor dentist via telecommunications, this is a revolutionary change, so too has medicine. weak legal argument unlikely to stand up in amendment. These advances in telecommunications and trial. It is instead probable that a majority medicine have made advanced medical care Bipartisan discussions continue today. It re- of state courts would find that a available where not thought possible before. mains my objective, working with colleagues telemedicine practitioner is practicing medi- Today, there are compelling needs to use from both sides of the aisle, to produce biparti- cine in the patient’s state. If the interstate transmission of telemedicine from san legislation to bring telemedicine's many telemedicine practitioner is not licensed in medical, social welfare, and economic per- benefits across State lines to the American the patient’s state, this would have an ex- spectives: public. tremely negative impact upon the physi- The unpredictable immediacy of eruptions I call the attention of my colleagues to the cian’s malpractice liability, malpractice in- of disease or trauma may command the serv- report printed below titled, ``Telemedicine and surance coverage, exposure to criminal pros- ices of unpredictable types of specialists re- ecution, and potential loss of licensure in his quiring licensure reciprocity in all 50 states. State Licensure.'' The report outlines current home state as well as remedial legal recourse Epidemic outbreak of disease is not limited problems facing telemedicine and the need for for an injured patient. to state boundaries. The interstate mobility a bipartisan solution. Licensure by reciprocity and licensure by of specialty expertise is needed throughout H.R. 1555, the Communications Act of 1995 endorsement have long served physicians or the United States to meet the demands for is our opportunity to free telemedicine from the dentists who wished to be licensed in two or combating injury or illness wherever and regulatory morass which threatens to keep this three states. However, reciprocity and en- whenever it may occur. technology from the American people. dorsement fall short of the needs of physi- Medicine has witnessed the emergence of cians or dentists practicing via a tele- super-specialized medical care centers in nu- THE AMERICAN TELEMEDICINE ASSOCIATION— communications network. Today, reciproc- merous critical areas. These centers are lo- TELEMEDICINE AND STATE LICENSURE ity is rarely used, and licensure by endorse- cated in regional tertiary care facilities INTRODUCTION ment still requires that applications, per- serving multi-state areas. Receiving medical The primary purpose of telemedicine is to sonal interviews, fees, pictures, school and attention through these centers currently give all citizens immediate access to the ap- hospital records, and even letters from lo- requires the transport of most referred pa- propriate level of medical care as disease or cally licensed physicians or dentists be sub- tients out of state. In addition, the lack of trauma requires. Currently, each state must mitted to each state where a license is de- proper recuperative care in their home com- license each physician or dentist who desires sired. Each state’s requirements are mi- munity after a patient returns home has pro- to practice medicine within its borders. This nutely different, and the expense and time hibited the patient from returning home mode of licensure, while appropriate for involved in receiving licensure by endorse- sooner. The development of telemedical June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1393 links to local primary care facilities will en- CONFERENCE REPORT ON HOUSE Introduction of Global Positioning Satellite able many patients to remain in-state under CONCURRENT RESOLUTION 67, navigation technology would be delayed at the primary responsibility of physicians or CONCURRENT RESOLUTION ON least 5 years, costing airlines millions of dol- dentists licensed in their home state. The de- THE BUDGET, FISCAL YEARS lars a year in lost efficiency. velopment of telemedical links to specialty 1996–2002 care centers can reduce the cost of transport The ability of the aviation security system to and can lead to substantial reductions in the SPEECH OF maintain its vigilance against domestic and costs of patient care. HON. JAMES L. OBERSTAR international terrorism would be cut by one- Developing metropolitan-wide systems of third. OF MINNESOTA care for many cities also requires crossing IN THE HOUSE OF REPRESENTATIVES FAA's obligation to certify new aircraft en- one or two state boundaries. There are 25 major metropolitan areas in the United Thursday, June 29, 1995 gines and parts would be greatly compromised and might even have to be contracted out to States that include more than one state. In Mr. OBERSTAR. Mr. Speaker, I rise in op- private interests which, in my judgment, clearly each of these areas, state licensing require- position to the conference report on the budg- ments effectively limit the ability of physi- et resolution for fiscal year 1996 and to delin- is not in the best interest of safety. cians or dentists and other health care prac- eate for my colleagues the specific impacts The weather services to general aviation titioners to serve the health care needs, via this budget resolution is likely to have on the and to commercial aviation provided through metropolitan wide telemedical systems, of the population base residing in their own Federal Aviation Administration. the Nation's Flight Service Stations would be I say `ìs likely to have'' because the con- communities. This limitation can lead to greatly impaired as FSS and control towers great disparities in access to health care due ference report does not spell out the details of would be closed, costing jobs and air traffic to the consumer’s place of residence. the cuts proposed for the FAA budget; but, services to hundreds of communities in all 50 given the general numbers and spending tar- The widespread shortage of health profes- States, and delays to an estimated 105,000 gets set down in the budget agreement we flights annually at an estimated cost to carriers sionals in many parts of rural America has can calculate what the effects will be on spe- long been recognized as a critical public pol- and passengers of more than $2.3 billion. cific FAA programs, such as the agency's new icy issue. In many cases, access to health I am just touching the tip of the iceberg on care could be greatly improved with the de- ``zero accident'' goal. velopment of telemedical links with health As ranking member of the House Aviation the impact of these cuts projected out over the facilities located in nearby states. Subcommittee, I want all my House col- next several years for the FAA as a result of leagues to understand the critical mission of this budget resolution. CONCLUSION the FAA. This Agency manages the world's The dedicated professionals of the FAA de- largest air traffic control system, through which Statutes are being considered among the serve better. They deserve our full support for move half of all the 1 billion passengers who states which would require out-of-state phy- full funding out of the Aviation Trust Fund to travel worldwide every year by air. They oper- sicians or dentists treating patients across maintain our air traffic control system at its state lines via telecommunications to pos- ate the Air Traffic Control system 24 hours a sess licenses in the state ‘‘entered.’’ Already day, 365 days a year, handling, on average, highest level of safety and efficiency. in the vast majority of states the two flights every second. f telemedicine practitioner would be consid- On an average day, FAA safety and security ered to be practicing medicine upon a pa- professionals will conduct nearly 1,000 inspec- FOREIGN OPERATIONS, EXPORT tient located there, thus providing the pa- tions on pilots, planes and airports, ensuring FINANCING, AND RELATED PRO- tient’s state with jurisdiction over any mal- that they remain airworthy and safe. GRAMS APPROPRIATIONS ACT, practice action. Additionally, malpractice FAA maintains over 30,000 pieces of com- 1996 insurance coverage is generally predicated plex safety equipment and facilities across this upon the physician being licensed where he Nation, operating at a reliability factor of 99.4 practices. In other words, a physician sued percentÐa safety record envied by the rest of SPEECH OF for malpracticing via telemedicine in a state the world. where he is not licensed might find himself FAA issues more than 1,000 airport grants without coverage, as well as responsible for HON. ROBERT A. UNDERWOOD annually to improve airport safety and infra- his own defense costs. Failure to possess a OF GUAM state license would be used to establish neg- structure. ligence upon the part of the consulting phy- FAA conducts 355,000 inspections annually IN THE HOUSE OF REPRESENTATIVES to enforce safety standards and to issue cer- sician. Criminal prosecution for practicing Wednesday, June 28, 1995 without a license could result, and the physi- tificates and licenses for aviation products and cian’s home state could institute discipli- operators. FAA takes more than 12,000 en- nary action against him for his actions in forcement actions each year. Mr. UNDERWOOD. Mr. Speaker, I rise in the distant state. Telemedicine possesses in- The FAA has taken its share of cuts in the full support of this amendment. This amend- credible potential to increase healthcare ac- last 2 years as its contribution toward deficit ment is necessary not only because of the cessibility, but is severely hampered by legal reduction: FAA has cut 5,000 employees since profits from drugs, but because of the children impediments of which licensure is one of the 1993 for a current total of 48,000 employees. who buy them and sometimes die from them. most obvious. Fortunately, licensure prob- Of that number 36,000 have direct hands-on We know that there is a big drug problem in lems have the greatest potential to be allevi- involvement in the ATC system, which in- the Asia-Pacific region. There is even a big ated by the passage of statutes aimed at ad- cludes 14 of the 15 busiest airports in the drug problem on my island of Guam. This dressing these issues. world. amendment sends a message that this coun- Emerging from these careful consider- In this era of deregulation, with extraor- try will not tolerate drugs. This amendment will ations is the need to preserve the dinary growth in both passengers and air traf- show that this country will not sit down while credentializing and monitoring efforts of fic operations, we have seen a growth of 6 a country we help will transform the money we each state while providing instant and im- percent in air traffic during the last 2 years as mediate access to appropriate levels of care give to them into drugs. This amendment will the airlines have recovered from the serious show that this country will take a strong stand where not otherwise available. Such actions economic decline and $12 billion in losses of on drugs. This amendment is just one small should allow for immediate response to in- 1990±92. But while air traffic has jumped 6 stances of disease and trauma while securing step to making a big problem disappear. We percent these last 2 years, the FAA budget for each state and its citizens the continu- may need a marathon of steps to follow, but ance of the credentializing and monitoring of has suffered a real decline of 6 percent, which translates into a $600 million cut. this represents a good beginning. This amend- quality within its boundaries with additional ment will make the street safer for our children specialized back-up as needed. This Budget Resolution Conference Agree- ment chops an additional $10 billion from here and in the Asia-Pacific region. This is FOOTNOTES transportation spending, which if spread, as why we have to thank Mr. RICHARDSON and 1 ALA. CODE § 34–24–50 (1975). expected, to the FAA will jeopardize the safety Mr. ROHRABACHER for combining to make this 2 Geiger v. Jenkins, 316 F.Supp. 370 (N.D. Ga. 1970), and efficiency of the Nation's aviation system. amendment. aff’d, 401 U.S. 985, 91 S.Ct. 1236, 28 L.Ed. 2D 525 (1971). Under this budget resolution, FAA's ability to improve weather and safety equipment and prevent accidents would be compromised. E 1394 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 1995 CONSTITUTIONAL AMENDMENT TO stability over the last three seasons, with 73 fering this fate. This letter from the captain PROHIBIT PHYSICAL DESECRA- victories and only 8 defeats. Last season the and crew of the SS John Lykes makes a pas- TION OF THE FLAG Mustangs made it to the State semifinals be- sionate plea to save the Merchant Marines. fore being bounced from the tournament. This Our servicemen are pleading to us for help, SPEECH OF year was to be different, as the team pro- and they cannot be ignored. As a member of HON. MICHAEL F. DOYLE duced the first State baseball championship the former Merchant Marine Committee and of OF PENNSYLVANIA for East Rowan High School in 18 years. the current Merchant Marine panel, I fully un- IN THE HOUSE OF REPRESENTATIVES In game one, Shawn Kelii hit a two-run sin- derstand the implications of this terrible proc- gle to highlight a four-run first inning, and ess by which the Merchant Marine, which has Thursday, June 29, 1995 pitchers Mike Morris and Greg Beaver com- so faithfully served our country in war and Mr. DOYLE. Mr. Speaker, I am a proud co- bined for a five-hit shutout, as the Mustangs peace, is becoming extinct. Our Federal Gov- sponsor of House Joint Resolution 79, the res- cruised to a 7±0 victory. ernment is making a big mistake, and it must olution to protect the U.S. flag from physical In game two, series MVP and catcher Brad be stopped. desecration. Rye knocked in two runs with a single and a The following letter from the captain and This year, we continue to commemorate an- triple as East Rowan won by a margin of 4± crew of the SS John Lykes explains their sen- niversaries of the passage of 50 years since 0. Pitcher Russell Holshouser was instrumen- timents very clearly and boldly. I urge Presi- notable events of World War II. One of those tal as he held the Comets to just two hits for dent Clinton to listen to their message. celebrations marked the anniversary of the the game. Though it may be too late to save the SS U.S. capture of the Japanese island Iwo Jima. Known throughout the State as an offensive John Lykes, it is our duty to our service mem- Many of us can picture the famous photograph juggernaut, the East Rowan Mustangs scored bers to keep its sister ships in the Merchant and bronze monument near Washington, D.C., more than 10 runs in 15 games this season, Marine faithfully serving our country, and and adjacent to Arlington National Cemetery. but clearly defense and superb pitching were along with them, the American flag flying Of the many monuments, memorials, and truly instrumental in helping the team to win the proudly. powerful sights, the Iwo Jima Memorial, illus- championship. Mr. PRESIDENT: Enclosed is the last Amer- trating U.S. Marines raising the U.S. flag On behalf of the citizens of the Sixth District ican flag flown from the stern of the SS John above a battleground covered with American of North Carolina, we offer congratulations to Lykes. One of the 15 Lykes ships scrapped casualties, has prominence in our appreciation head coach Jeff Safrit, as well as assistant since 1994. This American flag last flew on of the flag. It was the wish of President John coaches Chris Cauble, Craig Hicks and Jeff March 12, 1995, Port of New Orleans. It will Owen. Congratulations to the members of the never fly at a U.S. port again. This flag rep- F. Kennedy to fly a fabric U.S. flag atop the resents 35 years of U.S. citizen income taxes mast being raised by the dramatic figures. squad: Chris McGinnis, Chad Stoner, Brian paid to the U.S. Government. For every tax Our flag is the embodiment of our national Cross, Skip Livengood, Damon Brinkley, Andy dollar spent on cargo preference and sub- pride. It is what we use to identify our Nation Cornelison, Jaret Doty, Russell Holshouser, sidies the U.S. Government received back at everything from community picnics to inter- David Trexler, Jason Foster, Garrett Barger, their investment plus 15 percent profit. For national events such as the Olympic games. It Brian Goodman, Chad Yates, Travis Goins, 35 years, 87 seamen a year were employed on is used to cover the caskets of those who Greg Beaver, Brad Rye, Mike Morris, Shawn this ship. Countless mortgages and children’s served in our military when they are interred. Kelii, Jeff Gobble, Kevin Barger, Andy Cauble, tuition were paid by these seamen during We witnessed the positive expressions and C.J. Moody, as well as the team managers, those years, which would not have been possible without the flag you are now holding use of the flag when our pilot returned safely Amy Holshouser, and Samantha Burnette. Mr. President. This flag has made possible from Bosnia. One might ask, Why should not You are all truly deserving of your cham- the American dream for thousands of mer- all Americans share the same reverence and pionship, and we are all proud of you. The chant seamen and their families. Now the regard for the flag as those six Marines did in Sixth District is proud to have the East Rowan U.S. Government and its agencies are in the 1945? Not all share the same feelings. But Mustangs as North Carolina's State 3A base- process of destroying the U.S. flag fleet. that is exactly what the flag representsÐvary- ball champions. Since 1776 the U.S. Government has treated American seamen with indifference in peace- ing opinions. And that is why I believe strongly f we must protect is from desecration. time, and as a vital resource during war and conflict. Since 1776 countless abuses have Many men and women fought to defend and THE LAST AMERICAN FLAG OF THE SS ‘‘JOHN LYKES’’ been heaped on American seamen. But the protect the flag and the great Nation it rep- American seaman has been there for his resents. During our Nation's history, few ob- country for every conflict since then. Now jects have evoked such emotion, loyalty, and HON. CURT WELDON the U.S. Government is on the verge of bravery. The U.S. flag is more than a fabric OF PENNSYLVANIA eliminating the American flag because of which flies over courthouses and post offices. IN THE HOUSE OF REPRESENTATIVES corporate greed, putting thousands of seamen out of work. Mr. President, we men of It represents our beliefs, our dreams, our Friday, June 30, 1995 sense of responsibility and community. We the U.S. merchant marine love our country and love our flag. We also know that patriot- should remember what it means to each of us Mr. WELDON of Pennsylvania. Mr. Speaker, when an American flag flies on the stern of a ism and love of country are not emotions today and pledge our allegiance to the prin- you are born with. They are instilled in you ciples it represents. Merchant Marine ship for several years, that through the years with love from family and f flag becomes a symbol of the values and faith in God and Country. Mr. President, a ideals for which the Merchant Marine has flag that is not worth working under, is not TRIBUTE TO THE EAST ROWAN fought to preserve and protect in both war and worth fighting for, and a flag that is not MUSTANGS peace. But just as important, that same flag worth fighting for, is not worth dying for. becomes a symbol for the pride, dedication, Mr. President, you have the bridge. You are HON. HOWARD COBLE and sentiments of the seaman who served on not responsible for the incompetent policies that ship's crew for so many years. To scrap of the past but you must fight for the Amer- OF NORTH CAROLINA ican flag just as we do. The American flag IN THE HOUSE OF REPRESENTATIVES the ship, and thus to never let that flag fly will either sink or continue flying proudly again, would be a tragic dishonor to the Amer- Friday, June 30, 1995 on your watch. Signed, Master, Officers and ican colors and to the patriotism of those serv- Crew, SS John Lykes. Mr. COBLE. Mr. Speaker, I am pleased to icemen who worked under them. f announce that a team from the Sixth District, Unfortunately, Mr. Speaker, this is exactly the East Rowan High School Mustangs, re- what is happening to the SS John Lykes. Wil- A GOLDEN ANNIVERSARY FOR A cently won the North Carolina 3A baseball liam Steadman, a constituent from my district, GOLDEN COUPLE championship. On Saturday, June 10, 1995, recently sent me a copy of a letter to Presi- the East Rowan Mustangs defeated the dent Clinton from the captain, officers, and HON. JAMES A. BARCIA Asheboro Comets, another Sixth District high crew of this Merchant Marine ship which was OF MICHIGAN school, in a best-of-three series to take the scrapped along with 14 others in 1994. Mr. IN THE HOUSE OF REPRESENTATIVES crown. Speaker, that ship represents the culmination East Rowan capped a magnificent year with of 35 years of service from 87 seamen a year Friday, June 30, 1995 a 16-game winning streak to finish the season in the Merchant Marines. And it is only one of Mr. BARCIA. Mr. Speaker, next Friday, July at 29±1. The Mustangs have been the mark of many in the Merchant Marine fleet that is suf- 7, the friends and family of Herb and Helen June 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1395 Schmidt will gather to help this wonderful cou- farmers had the good fortune to have clear, Visitors to his farm have told me of how won- ple celebrate their 50th anniversary of their concise, accurate farm news reports from derful this project has been for so long. marriage. And it runs in the family. Both Herb award-winning broadcaster Herb Schmidt. Through this all, Herb has had the essential and Helen witnessed their parents celebrate Herb also has been and continues to be in- support of his wife Helen. It can be tough liv- their 50th anniversaries, and Herb saw his volved with the Michigan Farm Bureau, where ing with a popular figure like Herb, and it is grandparents celebrate their 50th anniversary. even more challenging when there are also he has served as the Bay County Farm Bu- This family tradition is so wonderful that it de- seven children in the house to add to the daily reau president. He still is heavily involved in a serves to be trumpeted to all who can hear. delights. Their children are their pride and joy, program that helps businessmen become fa- Any marriage that lasts so long must be the and only the 16 grandchildren that have been miliar with farm operations so that there can result of good communications, and that added could make the situation any better. be greater understanding and cooperation should be no surprise in this family since Herb Helen has also been involved in many com- throughout the area. Helen was also chair- Schmidt was a major voice for Michigan farm munity activities, most importantly her church, radio shows for many years. He got his start person of Bay County Farm Bureau Women, as a leader and Sunday school teacher. in radio from Bob Driscoll in a 1964 interview, and cohosted various farm tours, including for Mr. Speaker, I am fortunate to know Herb and then later became the Farm Show Direc- international visitors, with Herb. and Helen Schmidt, as are their many other tor at WBCM radio in Bay City. He also during And even with all of these activities, Herb friends. I ask you and all of our colleagues to his radio career held the microphone at has maintained his interest in raising exotic join me in wishing them the happiest 50th an- WXOX. For about three decades Michigan birds, including peacocks and guinea hens. niversary. Friday, June 30, 1995 Daily Digest Senate stitute, and the following amendment proposed Chamber Action thereto: Pages S9561±63, S9592±95 Routine Proceedings, pages S9479–S9596 Dole (for Murkowski) Amendment No. 1489, to Measures Introduced: Nine bills and three resolu- establish the Alaska Peninsula Sub-Surface Consoli- tions were introduced, as follows: S. 1006–1014, and dation. Pages S9561±63, S9593±95 S. Res. 146–148. Pages S9516±17 Emergency Supplemental/Rescissions 1995: Sen- Measures Reported: Reports were made as follows: ate began consideration of H.R. 1944, making emer- S. 638, to authorize appropriations for United gency supplemental appropriations for additional dis- States insular areas, with an amendment in the na- aster assistance, for anti-terrorism initiatives, for as- ture of a substitute. (S. Rept. No. 104–101) sistance in the recovery from the tragedy that oc- Page S9516 curred at Oklahoma City, and making rescissions for the fiscal year ending September 30, 1995. Measures Passed: Pages S9494±S9512 Removal of Cases to Federal Court: Senate passed Comprehensive Regulatory Reform Act: Senate S. 533, to clarify the rules governing removal of continued consideration of S. 343, to reform the reg- cases to Federal court. Page S9580 ulatory process, with the following amendment pro- Venue Provision Repeal: Senate passed S. 677, to posed thereto: Pages S9494, S9509 repeal a redundant venue provision. Page S9580 Pending: Harry Wu Arrest: Senate agreed to S. Res. 148, Dole Amendment No. 1487, in the nature of a expressing the sense of the Senate regarding the ar- substitute. Page S9509 rest of Harry Wu by the Government of the People’s By prior unanimous-consent agreement, the pend- Republic of China. Pages S9541±42, S9580±81 ing committee amendments were withdrawn. U.S. Fishing Vessels: Committee on Commerce, Page S9509 Senate will resume consideration of the bill on Science, and Transportation was discharged from fur- Monday, July 10, 1995. ther consideration of H.R. 716, to amend the Fisher- man’s Protection Act, and the bill was then passed, Removal of Injunction of Secrecy: The injunction after striking all after the enacting clause and insert- of secrecy was removed from the following treaty: ing in lieu thereof the text of S. 267, to establish The Exchange of Notes Relating to the Tax Con- a system of licensing, reporting and regulation for vention with Ukraine (Treaty Doc. No. 104–11). vessels of the United States fishing on the high seas, The treaty was transmitted to the Senate on after agreeing to the following amendment proposed Wednesday, June 28, 1995, considered as having thereto: Pages S9552±61, S9581±92 been read for the first time, and referred, with ac- Dole (for Stevens/Kerry/Snowe) Amendment No. companying papers, to the Committee on Foreign 1488, in the nature of a substitute. Relations and ordered to be printed. Pages S9578±79 Pages S9552±61, S9588±92 Authority for Committees: All committees were By unanimous-consent agreement, the reported authorized to file executive and legislative reports committee amendments were withdrawn. Page S9592 during the adjournment of the Senate on Wednes- Subsequently, S. 267 was returned to the Senate day, July 5, 1995, from 10 a.m. until 2 p.m. calendar. Page S9592 Page S9578 Anaktuvuk Pass Land Exchange and Wilderness Messages From the President: Senate received the Redesignation Act: Senate passed H.R. 400, to pro- following messages from the President of the United vide for the exchange of lands within Gates of the States: Arctic National Park and Preserve, after agreeing to Transmitting, a draft of proposed legislation enti- a committee amendment in the nature of a sub- tled ‘‘The Saving Law Enforcement Officers’ Lives D 815 D 816 CONGRESSIONAL RECORD — DAILY DIGEST June 30, 1995 Act of 1995’’; to the Committee on the Judiciary. Stephen G. Kellison, of Texas, to be a Member of (PM–60). Pages S9515±16 the Board of Trustees of the Federal Old-Age and Transmitting the report on progress concerning Survivors Insurance Trust Fund and the Federal Dis- emigration laws and policies of the Russian Federa- ability Insurance Trust Fund for a term of four years. tion; referred to the Committee on Finance. Marilyn Moon, of Maryland, to be a Member of (PM–61). Page S9516 the Board of Trustees of the Federal Old-Age and Nominations Confirmed: Senate confirmed the fol- Survivors Insurance Trust Fund and the Federal Dis- lowing nominations: ability Insurance Trust Fund for a term of four years. Terrence B. Adamson, of the District of Colum- Ira S. Shapiro, of Maryland, for the rank of Am- bia, to be a Member of the Board of Directors of the bassador during his tenure of service as Senior Coun- State Justice Institute for a term expiring September sel and Negotiator in the Office of the United States 17, 1997. (Reappointment) Trade Representative. Janie L. Shores, of Alabama, to be a Member of George H. King, of California, to be United the Board of Directors of the State Justice Institute States District Judge for the Central District of Cali- for a term expiring September 17, 1997. fornia. Martin Neil Baily, of Maryland, to be a Member Donald C. Nugent, of Ohio, to be United States of the Council of Economic Advisers. District Judge for the Northern District of Ohio. Steve M. Hays, of Tennessee, to be a Member of Andrew Fois, of New York, to be an Assistant At- the Board of Directors of the National Institute of torney General. Building Sciences for a term expiring September 7, Robert H. Whaley, of Washington, to be United 1997. States District Judge for the Eastern District of Charles L. Marinaccio, of the District of Colum- Washington. bia, to be a Director of the Securities Investor Pro- Albert James Dwoskin, of Virginia, to be a Direc- tection Corporation for a term expiring December tor of the Securities Investor Protection Corporation 31, 1996. for a term expiring December 31, 1998. Deborah Dudley Branson, of Texas, to be a Direc- Stephen G. Kellison, of Texas, to be a Member of tor of the Securities Investor Protection Corporation the Board of Trustees of the Federal Hospital Insur- for a term expiring December 31, 1996. ance Trust Fund for a term of four years. Tony Scallon, of Minnesota, to be a Member of Stephen G. Kellison, of Texas, to be a Member of the Board of Directors of the National Consumer the Board of Trustees of the Federal Supplementary Cooperative Bank for a term of three years. Medical Insurance Trust Fund for a term of four Sheila Anne Smith, of Illinois, to be a Member of years. the Board of Directors of the National Consumer Marilyn Moon, of Maryland, to be a Member of Cooperative Bank for a term of three years. the Board of Trustees of the Federal Hospital Insur- Marianne C. Spraggins, of New York, to be a Di- ance Trust Fund for a term of four years. rector of the Securities Investor Protection Corpora- Marilyn Moon, of Maryland, to be a Member of tion for a term expiring December 31, 1997. the Board of Trustees of the Federal Supplementary Edmundo A. Gonzales, of Colorado, to be Chief Medical Insurance Trust Fund for a term of four Financial Officer, Department of Labor. years. John D. Kemp, of the District of Columbia, to be Tena Campbell, of Utah, to be United States Dis- a Member of the National Council on Disability for trict Judge for the District of Utah. a term expiring September 17, 1997. 1 Air Force nomination in the rank of general. Peter C. Economus, of Ohio, to be United States Nominations Received: Senate received the follow- District Judge for the Northern District of Ohio. ing nominations: Clifford Gregory Stewart, of New Jersey, to be William Harrison Courtney, of West Virginia, to General Counsel of the Equal Employment Oppor- be Ambassador to the Republic of Georgia. tunity Commission for a term of four years. Barry Ted Moskowitz, of California, to be United Carlos F. Lucero, of Colorado, to be United States States District Judge for the Southern District of Circuit Judge for the Tenth Circuit. California. Wiley Y. Daniel, of Colorado, to be United States Stephen M. Orlofsky, of New Jersey, to be United District Judge for the District of Colorado. States District Judge for the District of New Jersey. Diane P. Wood, of Illinois, to be United States William K. Sessions, III, of Vermont, to be Circuit Judge for the Seventh Circuit. United States District Judge for the District of Ver- Nancy Friedman Atlas, of Texas, to be United mont. States District Judge for the Southern District of Ortrie D. Smith, of Missouri, to be United States Texas. District Judge for the Western District of Missouri. June 30, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 817 Donald C. Pogue, of Connecticut, to be a Judge of the United States Court of International Trade. Committee Meetings Howard Monroe Schloss, of Louisiana, to be an (Committees not listed did not meet) Assistant Secretary of the Treasury. Ernest W. DuBester, of New Jersey, to be a Mem- AUTHORIZATIONS—DEFENSE ber of the National Mediation Board for a term ex- Committee on Armed Services: On Thursday, June 29, piring July 1, 1998. Committee ordered favorably reported the following Richard Henry Jones, of Nebraska, to be Ambas- business items: sador to the Republic of Lebanon. The nomination of Lt. Gen. Richard E. Hawley, 1 Department of Defense nomination in the rank United States Air Force, for appointment to the of general. Page S9596 grade of general; An original bill to authorize funds for fiscal year Messages From the President: Pages S9515±16 1996 for military activities of the Department of Messages From the House: Page S9516 Defense, for military construction, and for defense Communications: Page S9516 activities of the Department of Energy; and to prescribe personnel strengths for such fiscal year for the Executive Reports of Committees: Page S9516 Armed Forces; Statements on Introduced Bills: Pages S9517±40 An original bill entitled ‘‘Department of Defense Additional Cosponsors: Pages S9540±41 Authorization Act for Fiscal Year 1996’’; An original bill entitled ‘‘Military Construction Amendments Submitted: Pages S9542±52 Act for Fiscal Year 1996’’; and Authority for Committees: Page S9563 An original bill entitled ‘‘Department of Energy Additional Statements: Pages S9563±78 National Security Act for Fiscal Year 1996’’. Adjournment: Senate convened at 9:30 a.m. and, in NOMINATIONS accordance with the provisions of S. Con. Res. 20, Committee on Foreign Relations: Committee concluded adjourned at 3:58 p.m., until 12 noon, on Monday, hearings on the nominations of David L. Hobbs, of July 10, 1995. California, to be Ambassador to the Co-operative Re- public of Guyana, and William J. Hughes, of New Jersey, to be Ambassador to the Republic of Panama, after the nominees testified and answered questions in their own behalf. Mr. Hughes was introduced by Senators Bradley and Lautenberg. h House of Representatives H.R. 1977, making appropriations for the Depart- Chamber Action ment of the Interior and related agencies for the fis- Bills Introduced: Twenty-five public bills, H.R. cal year ending September 20, 1996 (H. Rept. 1972–1996; and four resolutions, H.J. Res. 99, H. 104–173). Page H6697 Con. Res. 80–81, and H. Res. 182 were introduced. Speaker Pro Tempore: Read a letter from the Pages H6697±98 Speaker wherein he designates Representative Reports Filed: Reports were filed as follows: Hastert to act as Speaker pro tempore for today. H.R. 39, to amend the Magnuson Fishery Con- Page H6659 servation and Management Act to improve fisheries Journal: By a yea-and-nay vote of 305 yeas to 69 management, amended (H. Rept. 104–171). nays, with 3 voting ‘‘present’’, Roll No. 465, the H.R. 1976, making appropriations for Agri- House approved the Journal of Thursday, June 29. culture, Rural Development, Food and Drug Admin- Pages H6659±60 istration, and Related Agencies programs for the fiscal year ending September 30, 1995 (H. Rept. Motion to Adjourn: By a yea-and-nay vote of 130 104–172); and yeas to 263 nays, Roll No. 466, the House failed to agree to the Wise motion to adjourn. Page H6660 D 818 CONGRESSIONAL RECORD — DAILY DIGEST June 30, 1995 Medicare Select Policies: By a yea-and-nay vote of to act as Speaker pro tempore to sign enrolled bill 350 yeas to 68 nays, Roll No. 467, the House and joint resolutions through July 10, 1995. agreed to the conference report on H.R. 483, to Page H6682 amend title XVIII of the Social Security Act to per- Quorum Calls—Votes: Four yea-and-nay votes de- mit Medicare select policies to be offered in all veloped during the proceedings of the House today States—clearing the measure for the President. and appear on pages H6659–60, H6660, H6675, Pages H6666±75 and H6680. There were no quorum calls. H. Res. 180, the rule which waived points of Adjournment: Met at 10 a.m. and, pursuant to the order against the conference report, was agreed to provisions of H. Res. 179, adjourned at 4:23 p.m. earlier by voice vote. Pages H6661±66 until 2 p.m., on Monday, July 10, 1995. Independence Day Work Period: By a recorded vote of 242 ayes to 157 noes, Roll No. 268, the Committee Meetings House agreed to H. Res. 179, providing for immediate consideration of a concurrent resolution provid- TRANSPORTATION APPROPRIATIONS ing for adjournment of the House and Senate for the Committee on Appropriations: Ordered reported the Independence Day district work period. Transportation appropriations for fiscal year 1996. Pages H6676±81 OVERSIGHT Legislative Program: The Majority Leader an- Committee on Commerce: Subcommittee on Energy and nounced the legislative program for the week of July Power continued oversight hearings on High-Level 10. Page H6681 Radioactive Waste Disposal. Testimony was heard Resignations—Appointments: It was made in from Daniel Dreyfus, Director, Office of Civilian Ra- order that, notwithstanding any adjournment of the dioactive Waste Management, Department of En- House until Monday, July 10, 1995, the Speaker, ergy; John E. Cantlon, Chairman, Nuclear Waste and the Minority leader be authorized to accept res- technical Review Board; Robert R. Loux, Executive ignations and to make appointments authorized by Director, Agency for Nuclear Projects, Nuclear law or by the House. Page H6681 Waste Project Office, State of Nevada; and public Calendar Wednesday: Agreed to dispense with Cal- witnesses. endar Wednesday business of July 12. Page H6681 PENNSYLVANIA AVENUE CLOSING Late Report: Committee on Appropriations received Committee on Government Reform and Oversight: Sub- permission to have until midnight tonight to file re- committee on the District of Columbia held a hear- ports on H.R. 1977, making appropriations for the ing on the Closing of Pennsylvania Avenue. Testi- Interior and related agencies for the fiscal year end- mony was heard from the following officials of the ing September 30, 1995; and H.R. 1976, making District of Columbia: David A. Clarke, Chairman, appropriations for Agriculture, Rural Development, Council; Frank Smith, Jr., member, Council; and Food and Drug Administration, and Related Agen- Michael Rogers, City Administrator; Lawrence G. cies programs for the fiscal year ending September Reuter, General Manager, Washington Metropolitan 30, 1996. Page H6681 Area Transit Authority; Robert E. Gresham, Deputy Presidential Messages: Read the following mes- Executive Director, National Capital Planning Com- sages from the President: mission; and public witnesses. Law enforcement officers: Message wherein he CUBAN LIBERTY AND DEMOCRATIC transmits proposed legislation entitled ‘‘Saving Law SOLIDARITY ACT Enforcement Officers’ Lives Act for 1995’’—referred Committee on International Relations: Began markup of to the Committee on the Judiciary and ordered H.R. 927, Cuban Liberty and Democratic Solidarity printed (H. Rept. 104–90); and Act of 1995. Russia Federation: Message wherein he reports Will continue July 11. that the Russian Federation is in full compliance PROSECUTING FALSE STATEMENTS TO with the freedom of emigration criteria in the Trade CONGRESS Act of 1974—referred to the Committee on Ways Committee on the Judiciary: Subcommittee on Crime and Means and ordered printed (H. Rept. 104–91). held a hearing on 18 U.S.C. 1001 and U.S. versus Pages H6681±82 Hubbard: Prosecuting False Statements to Congress. Speaker Pro Tempore: Read a letter from the Testimony was heard from Representative Martini; Speaker wherein he designates Representative Wolf and public witnesses. June 30, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 819 ECONOMIC RELATIONSHIP BETWEEN Casey, Assistant Secretary, South America, Depart- UNITED STATES AND CUBA AFTER ment of State; and public witnesses. CASTRO f Committee on Ways and Means: Subcommittee on Trade held a hearing on the Economic Relationship CONGRESSIONAL PROGRAM AHEAD Between the United States and Cuba After Castro. Week of July 3 through 8, 1995 Testimony was heard from Representatives McDermott, Burton, Torricelli, Ros-Lehtinen, The Senate and House of Representatives will be Deutsch, Diaz-Balart, Menendez; and Farr; Edward in adjournment. D 820 CONGRESSIONAL RECORD — DAILY DIGEST June 30, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, July 10 2 p.m., Monday, July 10

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: Consideration of the following 4 morning business (not to extend beyond 1 p.m.), Senate Suspensions: will resume consideration of S. 343, Comprehensive Reg- 1. H.R. 1642, Extending Most-Favored-Nation Status ulatory Reform Act. to Cambodia; 2. H.R. 1643, Extending Most-Favored-Nation Status to Bulgaria; 3. Sikes Act Improvement Amendments of 1995; and 4. S. 523, Colorado Basin Salinity Control Amend- ments. Consideration of H. Res. , appointing a Member to a Standing Committee; and Consideration of the Conference Report on H.R. 1868, Foreign Operations Appropriations Act for Fiscal Year 1996 (modified rule, 80 minutes of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Filner, Bob, Calif., E1383 Nadler, Jerrold, N.Y., E1385 Frank, Barney, Mass., E1382 Oberstar, James L., Minn., E1393 Abercrombie, Neil, Hawaii, E1378 Franks, Bob, N.J., E1372, E1376 Payne, Donald M., N.J., E1372, E1375 Allard, Wayne, Colo., E1367 Gekas, George W., Pa., E1386 Pelosi, Nancy, Calif., E1377 Andrews, Robert E., N.J., E1384 Gilman, Benjamin A., N.Y., E1390 Reynolds, Mel, Ill., E1379 Bachus, Spencer, Ala., E1367 Gonzalez, Henry B., Tex., E1386 Richardson, Bill, N. Mex., E1379 Barcia, James A., Mich., E1394 Gordon, Bart, Tenn., E1385 Sanders, Bernard, Vt., E1377 Boehlert, Sherwood L., N.Y., E1380 Hall, Ralph M., Tex., E1368 Shaw, E. Clay, Jr., Fla., E1369 Brown, Sherrod, Ohio, E1369 Harman, Jane, Calif., E1373 Shuster, Bud, Pa., E1372, E1376 Burton, Dan, Ind., E1388 Hyde, Henry J., Ill., E1381 Skaggs, David E., Colo., E1367 Calvert, Ken, Calif., E1385 Istook, Ernest J., Jr., Okla., E1388 Camp, Dave, Mich., E1378 Johnson, Tim, S. Dak., E1379 Smith, Lamar S., Tex., E1379 Christensen, Jon, Nebr., E1374 Kennedy, Joseph P., II, Mass., E1383 Solomon, Gerald B.H., N.Y., E1371, E1374, E1379 Clinger, William F., Jr., Pa., E1373 Kennelly, Barbara B., Conn., E1386 Stark, Fortney Pete, Calif., E1367 Coble, Howard, N.C., E1394 Kildee, Dale E., Mich., E1384 Stenholm, Charles W., Tex., E1373 DeFazio, Peter A., Ore., E1383 Kim, Jay, Calif., E1387 Underwood, Robert A., Guam, E1393 Doyle, Michael F., Pa., E1394 McHugh, John M., N.Y., E1368 Waldholtz, Enid G., Utah, E1388 Duncan, John J., Jr., Tenn., E1384 Moakley, John Joseph, Mass., E1385 Weldon, Curt, Pa., E1394 Fields, Jack, Tex., E1368 Morella, Constance A., Md., E1368 Wyden, Ron, Ore., E1392

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.