E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, JANUARY 7, 1997 No. 1 House of Representatives

This being the day fixed by the 20th The CLERK. Representatives-elect, Hunter Miller Sanchez Kim Packard Sherman amendment of the Constitution of the this is the day fixed by the 20th amend- Lantos Pelosi Stark United States, and Public Law 104–296 ment to the Constitution and Public Lewis Pombo Tauscher for the meeting of the Congress of the Law 104–296 for the meeting of the 105th Lofgren Radanovich Thomas United States, the Members-elect of Congress and, as the law directs, the Martinez Riggs Torres Matsui Rogan Waters the 105th Congress met in their Hall, Clerk of the House has prepared the of- McKeon Rohrabacher Waxman and at 12 noon were called to order by ficial roll of the Representatives-elect. Millender- Roybal-Allard Woolsey the Clerk of the House of Representa- Certificates of election covering 435 McDonald Royce tives, Hon. Robin H. Carle. seats in the 105th Congress have been COLORADO The Chaplain, Rev. James David received by the Clerk of the House, and Ford, D.D., offered the following pray- DeGette McInnis Schaffer the names of those persons whose cre- Hefley Schaefer Skaggs er: dentials show that they were regularly Oh, gracious God, from whom we CONNECTICUT elected as Representatives in accord- have come and to whom we belong, we ance with the laws of their respective DeLauro Johnson Maloney offer this prayer of thanksgiving and Gejdenson Kennelly Shays States or of the United States will be gratitude for all the blessings You have called. DELAWARE freely bestowed on us and the people of Castle this Nation, and also for the respon- Without objection, the Representa- sibilities that You have entrusted to tives-elect will record their presence FLORIDA by electronic device and their names those who serve in this place. Bilirakis Fowler Scarborough On this first day of a new Congress, will be reported in alphabetical order Boyd Goss Shaw we speak with the words of the Psalm- by States, beginning with the State of Brown Hastings Stearns Alabama, to determine whether a Canady McCollum Thurman ist: Oh, give thanks to the Lord for He Davis Meek Weldon is good, for His steadfast love endures quorum is present. Deutsch Mica Wexler forever. Grant us, oh God, a keen There was no objection. Diaz-Balart Miller Young awareness of the areas of life where we The call was taken by electronic de- Foley Ros-Lehtinen can serve the people of the land, and, vice, and the following Representa- GEORGIA as the scripture says, let justice flow tives-elect responded to their names: Barr Deal Linder down as waters and righteousness like [Roll No. 1] Bishop Gingrich McKinney Chambliss Kingston Norwood an ever flowing stream. ANSWERED ‘‘PRESENT’’—432 May we continue to build on the Collins Lewis ALABAMA foundations laid down from the early HAWAII days of the Nation, that in all things Aderholt Cramer Riley Bachus Everett Abercrombie Mink we may do justice, love mercy, and Callahan Hilliard ever walk humbly with you. IDAHO May Your benediction, oh God, that ALASKA Chenoweth Crapo Young is new every morning and is with us all ILLINOIS the days of our lives, be upon all who ARIZONA Blagojevich Gutierrez Porter serve in this place now and evermore, Hayworth Pastor Shadegg Costello Hastert Poshard amen. Kolbe Salmon Stump Crane Hyde Rush f Davis Jackson Shimkus ARKANSAS Evans LaHood Weller PLEDGE OF ALLEGIANCE Berry Hutchinson Ewing Lipinski Yates Dickey Snyder Fawell Manzullo The CLERK. The Members-elect and their guests will please rise and join in CALIFORNIA INDIANA the Pledge of Allegiance to the flag. Becerra Condit Eshoo Burton Hostettler Souder The Clerk led the Pledge of Alle- Berman Cox Farr Buyer McIntosh Visclosky giance as follows: Bilbray Cunningham Fazio Carson Pease Bono Dellums Filner Hamilton Roemer I pledge allegiance to the Flag of the Unit- Brown Dixon Gallegly ed States of America, and to the Republic for Calvert Dooley Harman IOWA which it stands, one Nation under God, indi- Campbell Doolittle Herger Boswell Latham Nussle visible, with liberty and justice for all. Capps Dreier Horn Ganske Leach

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.

H1 H2 CONGRESSIONAL RECORD — HOUSE January 7, 1997

KANSAS Kaptur Oxley Stokes election of the Honorable ELEANOR Kasich Portman Strickland Moran Snowbarger OLMES ORTON Kucinich Pryce Traficant H N as Delegate from the Ryun Tiahrt LaTourette Regula District of Columbia; the election of KENTUCKY Ney Sawyer the Honorable DONNA M. CHRISTIAN- Baesler Lewis Rogers OKLAHOMA GREEN as Delegate from the Virgin Is- lands; the election of the Honorable Bunning Northup Whitfield Coburn Largent Watkins Istook Lucas Watts ENI F.H. FALEOMAVAEGA as Delegate LOUISIANA from American Samoa; and the elec- OREGON Baker John Tauzin tion of the Honorable ROBERT A. Cooksey Livingston Blumenauer Furse Smith UNDERWOOD as Delegate from Guam. Jefferson McCrery DeFazio Hooley f MAINE PENNSYLVANIA ELECTION OF SPEAKER Allen Baldacci Borski Gekas McDade MARYLAND Coyne Goodling McHale The CLERK. Pursuant to law and to Doyle Greenwood Murtha precedent, the next order of business is Bartlett Ehrlich Morella English Holden Peterson Cardin Gilchrest Wynn Fattah Kanjorski Pitts the election of the Speaker of the Cummings Hoyer Foglietta Klink Shuster House of Representatives for the 105th Fox Mascara Weldon MASSACHUSETTS Congress. RHODE ISLAND Nominations are now in order. Delahunt McGovern Olver The Clerk recognizes the gentleman Frank Meehan Tierney Kennedy Weygand Kennedy Moakley from Ohio [Mr. BOEHNER]. Markey Neal SOUTH CAROLINA Mr. BOEHNER. Madam Clerk, as chairman of the Republican Con- MICHIGAN Clyburn Inglis Spence Graham Sanford Spratt ference, I am honored and privileged to Barcia Hoekstra Smith welcome my colleagues, their families, Bonior Kildee Stabenow SOUTH DAKOTA and the American people to this his- Camp Kilpatrick Stupak Thune Conyers Knollenberg Upton toric day. Dingell Levin TENNESSEE Two years ago we began a new chap- Ehlers Rivers Bryant Ford Jenkins ter in American history, one of faith in MINNESOTA Clement Gordon Tanner the strength, creativity and goodness Duncan Hilleary Wamp Gutknecht Oberstar Sabo of Americans; one where we humbly Luther Peterson Vento TEXAS recognize that although the people sent Minge Ramstad Archer Frost Paul us here to do their business, we cannot MISSISSIPPI Armey Gonzalez Reyes do our job without their consent and Barton Granger Sandlin their support. Parker Taylor Wicker Bentsen Green Sessions Pickering Thompson Bonilla Hall Smith With their support, we began to change America by reforming Washing- MISSOURI Brady Hinojosa Stenholm Combest Jackson-Lee Tejeda ton. And together, we will ensure our Blunt Emerson McCarthy DeLay Johnson Thornberry reforms improve Americans’ quality of Clay Gephardt Skelton Doggett Lampson Turner Danner Hulshof Talent Edwards Ortiz life. We will balance the budget, pro- vide permanent tax relief, safer streets, MONTANA UTAH better schools, a cleaner environment, Hill Cannon Cook Hansen and longer healthier lives with more NEBRASKA VERMONT affordable health care. It is an ambi- Barrett Bereuter Christensen Sanders tious agenda, but it is what we were sent here to do. And we owe the Amer- NEVADA VIRGINIA ican people nothing less. Ensign Gibbons Bateman Goode Scott With pride in what we have accom- Bliley Goodlatte Sisisky NEW HAMPSHIRE plished in the past and anticipation of Boucher Moran Wolf what we can do together in the future, Bass Sununu Davis Pickett I am directed by a unanimous vote of NEW JERSEY WASHINGTON the Republican Conference to present Andrews Pallone Roukema Dicks McDermott Smith, Adam the name of the Honorable NEWT GING- Dunn Metcalf Smith, Linda Franks Pappas Saxton RICH, a Representative-elect from the Hastings Nethercutt White Frelinghuysen Pascrell Smith State of Georgia, for election to the of- LoBiondo Payne WEST VIRGINIA Menendez Rothman fice of Speaker of the House of Rep- Mollohan Rahall Wise resentatives for the 105th Congress. NEW MEXICO WISCONSIN QUESTION OF PRIVILEGE OFFERED BY MR. FAZIO Richardson Schiff Skeen OF CALIFORNIA Barrett Kleczka Obey NEW YORK Johnson Klug Petri The CLERK. The Clerk now recognizes Ackerman Lazio Quinn Kind Neumann Sensenbrenner the gentleman from California [Mr. Boehlert Lowey Rangel WYOMING FAZIO] for a nomination. Engel Maloney Schumer Mr. FAZIO of California. Madam Flake Manton Serrano Cubin Clerk, I rise to a question of the high- Forbes McCarthy Slaughter Gilman McHugh Solomon b 1233 est constitutional privilege. I offer a Hinchey McNulty Towns resolution which calls for the postpone- The CLERK. The quorum call dis- Houghton Molinari Velazquez ment of the election of the Speaker of closes that 432 Representatives-elect Kelly Nadler Walsh the House until the Committee on King Owens have responded to their name. A Standards of Official Conduct com- LaFalce Paxon quorum is present. pletes its work on the matters concern- NORTH CAROLINA f ing Representative NEWT GINGRICH of Ballenger Etheridge Myrick Georgia. The resolution requires the Burr Hefner Price ANNOUNCEMENT BY THE CLERK Clayton Jones Taylor House to proceed immediately to the Coble McIntyre Watt The CLERK. The Clerk will state that election of an interim Speaker who credentials, regular in form, have been will preside over the House until that NORTH DAKOTA received showing the election of the time. Pomeroy Honorable CARLOS ROMERO-BARCELO´ as I ask for the immediate consider- OHIO Resident Commissioner from the Com- ation of the resolution. Boehner Chabot Hall monwealth of Puerto Rico for a term of The CLERK. Section 30 of the Revised Brown Gilmor Hobson 4 years beginning January 3, 1997; the Statutes of the United States, which is January 7, 1997 CONGRESSIONAL RECORD — HOUSE H3 codified in section 25 of title 2, United Barton Goodling Parker Hefner McHale Sanders Bass Goss Paul Hilliard McIntyre Sandlin States Code, reads in part as follows: Bateman Graham Paxon Hinchey McKinney Sanford At the first session of Congress after Bereuter Granger Pease Hinojosa McNulty Sawyer every general election of Representa- Bilbray Greenwood Peterson (PA) Holden Meehan Schumer tives, the oath of office shall be admin- Bilirakis Gutknecht Petri Hooley Meek Scott Bliley Hansen Pickering Hoyer Menendez Serrano istered by any Member of the House of Blunt Hastert Pitts Jackson (IL) Millender- Sherman Representatives to the Speaker; and by Boehlert Hastings (WA) Pombo Jackson-Lee McDonald Sisisky the Speaker to all Members and Dele- Boehner Hayworth Porter (TX) Miller (CA) Skaggs gates present, and to the Clerk, pre- Bonilla Hefley Portman Jefferson Minge Skelton Bono Herger Pryce (OH) John Mink Slaughter vious to entering on any other busi- Brady Hill Quinn Johnson (WI) Moakley Smith, Adam ness. Bryant Hilleary Radanovich Johnson, E. B. Mollohan Smith, Linda This has been the law since June 1, Bunning Hobson Ramstad Kanjorski Moran (VA) Snyder Burr Hoekstra Regula Kaptur Morella Spratt 1789. Burton Horn Riggs Kennedy (MA) Murtha Stabenow The precedent recorded in Hinds’ Buyer Hostettler Riley Kennedy (RI) Nadler Stark Precedents of the House at volume 1, Callahan Houghton Rogan Kennelly Neal Stenholm Calvert Hulshof Rogers Kildee Oberstar Stokes section 212, recites that, ‘‘at the orga- Camp Hunter Rohrabacher Kilpatrick Obey Strickland nization of the House the motion to Campbell Hutchinson Ros-Lehtinen Kind (WI) Olver Stupak proceed to the election of a Speaker is Canady Hyde Roukema Kleczka Ortiz Tanner of the highest privilege.’’ On that occa- Cannon Inglis Royce Klink Owens Tauscher Castle Istook Ryun Kucinich Pallone Taylor (MS) sion, the Clerk stated that ‘‘the duty of Chabot Jenkins Salmon LaFalce Pascrell Thompson the House to organize itself is a duty Chambliss Johnson (CT) Saxton Lampson Pastor Thurman devolved upon it by law, and any mat- Chenoweth Jones Scarborough Lantos Payne Tierney Christensen Kasich Schaefer, Dan Levin Pelosi Torres ter looking to the performance of that Coble Kelly Schaffer, Bob Lewis (GA) Peterson (MN) Towns duty takes precedence in all par- Coburn Kim Schiff Lipinski Pickett Traficant liamentary bodies of all minor ques- Collins King (NY) Sensenbrenner Lofgren Pomeroy Turner tions.’’ Combest Kingston Sessions Lowey Poshard Velazquez Cook Klug Shadegg Luther Price (NC) Vento The Clerk cites both the statute and Cooksey Knollenberg Shaw Maloney (CT) Rahall Visclosky the precedent as controlling her deci- Cox Kolbe Shays Maloney (NY) Rangel Waters sion, consistent with the modern prac- Crane LaHood Shimkus Manton Reyes Watt (NC) Crapo Largent Shuster Markey Richardson Waxman tice of the House, to recognize nomina- Cubin Latham Skeen Martinez Rivers Wexler tions for Speaker. Cunningham LaTourette Smith (MI) Mascara Roemer Weygand Mr. FAZIO of California. Madam Davis (VA) Lazio Smith (NJ) Matsui Rothman Wise Deal Leach Smith (OR) McCarthy (MO) Roybal-Allard Woolsey Clerk, given the unprecedented nature DeLay Lewis (CA) Smith (TX) McCarthy (NY) Rush Wynn of the circumstance, I urge that the Diaz-Balart Lewis (KY) Snowbarger McDermott Sabo Yates Clerk permit the Representatives-elect Dickey Linder Solomon McGovern Sanchez a vote on the motion that I have sub- Doolittle Livingston Souder Dreier LoBiondo Spence So the motion to table was agreed to. mitted. Duncan Lucas Stearns The result of the vote was announced Stump The CLERK. Is the gentleman from Dunn Manzullo as above recorded. California appealing the ruling of the Ehlers McCollum Sununu Ehrlich McCrery Talent A motion to reconsider was laid on Clerk? Emerson McDade Tauzin the table. Mr. FAZIO of California. Madam English McHugh Taylor (NC) Clerk, if the gentlewoman does not per- Ensign McInnis Thomas The CLERK. The Chair recognizes the Everett McIntosh Thornberry gentleman from California [Mr. FAZIO]. mit a vote under the extraordinary cir- Ewing McKeon Thune cumstance we face today, I would ap- Fawell Metcalf Tiahrt Mr. FAZIO of California. Madam peal the ruling of the Clerk. Foley Mica Upton Clerk, it was obviously the desire of Walsh The CLERK. The gentleman may ap- Fowler Miller (FL) the minority that we resolve our lead- Fox Molinari Wamp ership issues in a different manner peal from the Clerk’s ruling on the Franks (NJ) Moran (KS) Watkins question of order as to the priority of Frelinghuysen Myrick Watts (OK) today given the unprecedented ethical business. Gallegly Nethercutt Weldon (FL) problems that confront our last Speak- Ganske Neumann Weldon (PA) er. We hope that over the next month The question is, Shall the decision of Gekas Ney Weller the Clerk stand as the judgment of the Gibbons Northup White the Committee on Standards of Official House? Gilchrest Norwood Whitfield Conduct can bring us a resolution of Mr. BOEHNER. Madam Clerk, I move Gillmor Nussle Wicker the issues that are currently before it Gilman Oxley Wolf and allow us to resolve those issues to lay the appeal on the table. Gingrich Packard Young (AK) Mr. FAZIO of California. Madam Goodlatte Pappas Young (FL) here on the floor. And so given that Clerk, on that I demand the yeas and hope that we will be able to work to- nays on the motion to table made by NAYS—210 gether to agree on a schedule to pro- the majority. Abercrombie Clayton Eshoo ceed to a conclusion of this phase, it Ackerman Clement Etheridge would be then my privilege as chair- The CLERK. The question is on the Allen Clyburn Evans motion offered by the gentleman from Andrews Condit Farr man of the Democratic Caucus, di- Ohio [Mr. BOEHNER] to lay the appeal Baesler Conyers Fattah rected by unanimous vote of that cau- on the table. Baldacci Costello Fazio cus, to present for election to the Of- Barcia Coyne Filner fice of the Speaker of the House of Rep- The question was taken; and the Barrett (WI) Cramer Flake Clerk announced that the yeas and Becerra Cummings Foglietta resentatives for the 105th Congress the nays appeared to have it. Bentsen Danner Forbes name of the Honorable RICHARD A. Berman Davis (FL) Ford Mr. FAZIO of California. Madam GEPHARDT, a Representative-elect from Berry Davis (IL) Frank (MA) the State of Missouri. Clerk, on that I demand the yeas and Bishop DeFazio Frost nays. Blagojevich DeGette Furse The CLERK. The Honorable NEWT Blumenauer Delahunt Gejdenson GINGRICH, a Representative-elect from The yeas and nays were ordered. Bonior DeLauro Gephardt The vote was taken by electronic de- Borski Dellums Gonzalez the State of Georgia, and the Honor- vice, and there were—yeas 222, nays Boswell Deutsch Goode able RICHARD A. GEPHARDT, a Rep- 210, not voting 0, as follows: Boucher Dicks Gordon resentative-elect from the State of Boyd Dingell Green Missouri, have been placed in nomina- [Roll No. 2] Brown (CA) Dixon Gutierrez Brown (FL) Doggett Hall (OH) tion. YEAS—222 Brown (OH) Dooley Hall (TX) Are there any further nominations? Aderholt Bachus Barr Capps Doyle Hamilton Archer Baker Barrett (NE) Cardin Edwards Harman There being no further nominations, Armey Ballenger Bartlett Clay Engel Hastings (FL) the Clerk will appoint tellers. H4 CONGRESSIONAL RECORD — HOUSE January 7, 1997

The Clerk appoints the gentleman Watts (OK) Weller Wicker the Honorable RICHARD A. GEPHARDT of Weldon (FL) White Young (AK) from California [Mr. THOMAS], the gen- Weldon (PA) Whitfield Young (FL) the State of Missouri has received 205, tleman from Connecticut [Mr. GEJDEN- the Honorable JAMES LEACH of the SON], the gentlewoman from New Jer- GEPHARDT—205 State of Iowa has received 2 votes, the sey [Mrs. ROUKEMA], and the gentle- Abercrombie Green Neal Honorable ROBERT MICHEL has received Ackerman Gutierrez Oberstar woman from Connecticut [Mrs. KEN- Allen Hall (OH) Obey 1 vote, and the Honorable ROBERT NELLY]. Andrews Hall (TX) Olver WALKER has received 1 vote, with 6 vot- The tellers will come forward and Baesler Hamilton Ortiz ing ‘‘present.’’ take their seats at the desk in front of Baldacci Harman Owens Therefore, the Honorable NEWT GING- Barcia Hastings (FL) Pallone the Speaker’s rostrum. Barrett (WI) Hefner Pascrell RICH of the State of Georgia, having re- The roll will now be called, and those Becerra Hilliard Pastor ceived a majority of all votes cast by responding to their names will indicate Bentsen Hinchey Payne name for a candidate, is duly elected Berman Hinojosa Pelosi Speaker of the House of Representa- by surname the nominee of their Berry Holden Peterson (MN) choice. Bishop Hooley Pickett tives for the 105th Congress. The reading clerk will now call the Blagojevich Hoyer Pomeroy PARLIAMENTARY INQUIRY Blumenauer Jackson (IL) Poshard The CLERK. The gentleman from Cali- roll. Bonior Jackson-Lee Price (NC) The tellers having taken their places, Borski (TX) Rahall fornia. the House proceeded to vote for the Boswell Jefferson Rangel Mr. FAZIO of California. Madam Boucher John Reyes Clerk, a parliamentary inquiry. I sim- Speaker. Boyd Johnson (WI) Richardson The following is the result of the Brown (CA) Johnson, E. B. Rivers ply wish to ask the Clerk at this point vote: Brown (FL) Kanjorski Roemer if the rules or the Constitution require Brown (OH) Kaptur Rothman [Roll No. 3] the Speaker to receive the votes of a Capps Kennedy (MA) Roybal-Allard majority of all the Members, or is GINGRICH—216 Cardin Kennedy (RI) Rush Clay Kennelly Sabo there some other rule that comes into Aderholt Frelinghuysen Ney Clayton Kildee Sanchez play at a time like this? Archer Gallegly Northup Clement Kilpatrick Sanders Armey Ganske Norwood The CLERK. The Clerk is guided by Clyburn Kind (WI) Sandlin Bachus Gekas Nussle the precedent recorded in Cannon’s Condit Kleczka Sawyer Baker Gibbons Oxley Conyers Klink Schumer Precedents of the House at volume 6, Ballenger Gilchrest Packard Costello Kucinich Scott section 24. On that occasion in 1923, Barr Gillmor Pappas Coyne LaFalce Serrano Barrett (NE) Gilman Parker when the House also comprised 435 Cramer Lampson Sherman Bartlett Goodlatte Paul Cummings Lantos Sisisky seats, Speaker Gillett was elected by Barton Goodling Paxon Danner Levin Skaggs the votes of 215 of the Members-elect Bass Goss Pease Davis (FL) Lewis (CA) Skelton Bateman Graham Peterson (PA) present and voting by surname, a Davis (IL) Lipinski Slaughter Bereuter Granger Petri quorum being present. DeFazio Lofgren Smith, Adam Bilbray Greenwood Pickering DeGette Lowey Snyder The Clerk also cites Hinds’ volume 1, Bilirakis Gutknecht Pitts Delahunt Luther Spratt section 216 for this principle. Bliley Hansen Pombo DeLauro Maloney (CT) Stabenow Blunt Hastert Porter Mr. FAZIO of California. Further in- Dellums Maloney (NY) Stark Boehlert Hastings (WA) Portman quiry, Madam Clerk. Had all those Deutsch Manton Stenholm Boehner Hayworth Pryce (OH) Dicks Markey Stokes Members who voted present cast their Bonilla Hefley Quinn Dingell Martinez Strickland vote for another Member, would that Bono Herger Radanovich Dixon Mascara Stupak Brady Hill Ramstad have prevented the election of the Doggett Matsui Tanner Bryant Hilleary Regula Dooley McCarthy (MO) Tauscher Speaker? Bunning Hobson Riggs Doyle McCarthy (NY) Taylor (MS) The CLERK. The Clerk will not re- Burr Hoekstra Riley Edwards McDermott Thompson Burton Horn Rogan spond to that inquiry. Engel McGovern Thurman Buyer Houghton Rogers Therefore, the Honorable NEWT GING- Eshoo McHale Tierney Callahan Hulshof Rohrabacher Etheridge McIntyre Torres RICH, of the State of Georgia, is duly Calvert Hunter Ros-Lehtinen Evans McKinney Towns elected Speaker of the House of Rep- Camp Hutchinson Roukema Farr McNulty Traficant Canady Hyde Royce resentatives for the 105th Congress, Fattah Meehan Turner Cannon Inglis Ryun having received a majority of all votes Fazio Meek Velazquez Castle Istook Salmon Filner Menendez Vento cast by name for a candidate. Chabot Jenkins Sanford Flake Millender- Visclosky The Clerk appoints the following Chambliss Johnson (CT) Saxton Foglietta McDonald Waters Chenoweth Jones Scarborough committee to escort the Speaker-elect Ford Miller (CA) Watt (NC) Christensen Kasich Schaefer, Dan Frank (MA) Minge Waxman to the Chair: The gentleman from Mis- Coble Kelly Schaffer, Bob Frost Mink Wexler souri [Mr. GEPHARDT], the gentleman Coburn Kim Schiff Furse Moakley Weygand Collins King (NY) Sensenbrenner from Texas [Mr. ARMEY], the gen- Gejdenson Mollohan Wise Combest Kingston Sessions tleman from Texas [Mr. DELAY], the Gonzalez Moran (VA) Woolsey Cook Knollenberg Shadegg Goode Murtha Wynn gentleman from Ohio [Mr. BOEHNER], Cooksey Kolbe Shaw Gordon Nadler Yates the gentleman from California [Mr. Cox LaHood Shays Crane Largent Shimkus LEACH—2 FAZIO], the gentleman from Georgia Crapo Latham Shuster [Mr. COLLINS], the gentleman from Campbell Forbes Cubin LaTourette Skeen Georgia [Mr. BISHOP], the gentleman Cunningham Lazio Smith (MI) MICHEL—1 Davis (VA) Lewis (CA) Smith (NJ) from Georgia [Mr. DEAL], the gen- Deal Lewis (KY) Smith (OR) Leach tleman from Georgia [Mr. KINGSTON], DeLay Linder Smith (TX) WALKER—1 the gentleman from Georgia [Mr. Diaz-Balart Livingston Snowbarger LINDER], the gentlewoman from Geor- Dickey LoBiondo Solomon Smith, Linda Doolittle Lucas Souder gia [Ms. MCKINNEY], the gentleman PRESENT—6 Dreier Manzullo Spence from Georgia [Mr. BARR], the gen- Duncan McCollum Stearns Gephardt Klug Neumann tleman from Georgia [Mr. CHAMBLISS], Dunn McCrery Stump Hostettler Morella Wolf Ehlers McDade Sununu and the gentleman from Georgia [Mr. Ehrlich McHugh Talent NOT VOTING—1 NORWOOD]. Emerson McInnis Tauzin Gingrich The committee will retire from the English McIntosh Taylor (NC) Chamber to escort the Speaker-elect to Ensign McKeon Thomas b 1406 Everett Metcalf Thornberry the chair. Ewing Mica Thune The CLERK. The tellers agree in their The Sergeant at Arms announced the Fawell Miller (FL) Tiahrt tallies that the total number of votes Speaker-elect of the House of Rep- Foley Molinari Upton cast for a person by name is 425, of resentatives of the 105th Congress, who Fowler Moran (KS) Walsh Fox Myrick Wamp which the Honorable NEWT GINGRICH of was escorted to the chair by the Com- Franks (NJ) Nethercutt Watkins the State of Georgia has received 216, mittee of Escort. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H5 b 1415 tradition in his district, who has the Pentagon to a triangle. We have Mr. GEPHARDT. Ladies and gentle- fought all these years for all that he every opportunity to apply the lessons men of the House, I will be brief. In believes in, who in the last Congress of downsizing, the lessons of the infor- that the Republicans have retained served so ably in helping pass the tele- mation age, and just because some- their majority in the House and I did communications bill, is going to swear thing is in uniform does not mean it not get enough votes, it is my respon- me in. And I am going to ask that I has to be saluted. But instead, we sibility to hand the gavel to the Speak- will then have a chance to swear him should be getting every penny for our er of the House, NEWT GINGRICH of in. taxpayers, and we in the Congress Georgia. But before that, if I might, I say to should be looking at long-term con- Mr. GINGRICH. Thank you, DICK. my dear friend, my wife is here and my tracting as one way to dramatically Let me say to those who voted for mother and my relatives. And 2 years lower the cost of defense. me, from the bottom of my heart, ago they were here with my father. He But I want to talk about one other thank you; to those who voted for is not here today, as I think all of you area, and here I just want to say there someone else, I hope that I can work know. He was an infantryman. He is something more than legislation. with you in such a way that you feel served this country. He believed in Each of us is a leader back home, and that I am capable of being Speaker of honor, duty, country. I want to just talk very briefly about the whole House and representing ev- Let me say to the entire House that three topics, and it is about these chil- eryone. 2 years ago when I became the first Re- dren and their America, children on To the freshmen and their families publican Speaker in 40 years, to the de- both sides of the aisle, children from and all the young people who are here gree I was too brash, too self-confident, all backgrounds and every State. today, you are part of a wonderful ex- or too pushy, I apologize. To whatever I think we have to ask the question, perience. Just as in less than 2 weeks degree in any way that I have brought as leaders, beyond legislation: How do we will welcome the President for an controversy or inappropriate attention we continue to create one Nation under inaugural, we here in the legislative to the House, I apologize. God, indivisible, with liberty and jus- branch also celebrate a remarkable It is my intention to do everything I tice for all? I believe most Americans, moment which the entire world watch- can to work with every Member of this whether native born or immigrant, es, a time when an entire Nation volun- Congress, and I would just say, as with still desire for us to be one Nation. So tarily decides how to govern itself, and telecommunications in Congressman let me briefly talk about three areas does so in such a manner that there is DINGELL’s case, on welfare reform, on that I think are vital. a sense among the entire country that line-item veto, on telecommunications I am going to talk just a second freedom is secure and that every citi- reform, on steps toward a balanced about race, drugs, and ignorance. First zen can participate. budget, again and again, we found a bi- let me ask all of you, do we not need to This is the 105th time we have done partisan majority willing to pass sig- rethink our whole approach to race? this as a country. Every 2 years. The nificant legislation, willing to work to- And let me draw the parallel to Dick first one actually did not occur until gether. Fosbury. He was a high jumper in the April 1, 1789, because while everyone There is much work to be done. I 1968 Olympics in Mexico City. He devel- was supposed to show up in March for have asked Chairman HENRY HYDE of oped an entire new approach which is the brand new Congress, they could not the Committee on the Judiciary to now used by everyone, yet for 6 years find a quorum. And then they all came look at the issue of judicial activism. the U.S. Olympic Committee rejected together, and there are wonderful sto- He has agreed to hold hearings looking it. ries by people who were there written at that issue. My point is very simple. I do not be- in their diaries and their letters about I think all of us should focus on in- lieve any rational American can be the fact that they were just folks from creasing American jobs through world comfortable with where we are on the all over, of many different back- sales, and I have asked Chairman AR- issue of race, and I think all of us grounds. CHER to look at the whole issue of tax- ought to take on the challenge, as lead- Back then they would all have been ation and how it affects American job ers, beyond legislation, beyond our nor- male and they would all have been creation. mal jobs, of asking some new questions white and they would all have been I have also asked the Ways and in some new ways. property owners. Today we have ex- Means Committee to look at oversight After all, what does race mean when, tended democracy and freedom to lev- on NAFTA, on the World Trade Organi- if based on merit alone, ethnic Asians els that the Founding Fathers could zation, because the fact is, we have to would make up a clear majority at the not have imagined, and any citizen move the legislative branch into the University of California at Berkeley? anywhere in the planet watching information age. If there are going to What does race mean when colleges through C–SPAN and through the net- be continuing bodies around the world, recruit minorities in the name of inclu- works and seeing this room and its di- then Chairman GILMAN in Inter- siveness and diversity and then seg- versity can appreciate the degree to national Relations and Chairman AR- regate them in their own dormitories? which America opens its doors and its CHER and others have to get in the What does race mean when many hearts to all people of all backgrounds habit, I think, of a kind of aggressive Americans cannot fill out their Census to have a better future. oversight, reporting to the Nation on forms because they are an amalgam of In addition to the elected Members, whether or not our interests are being races? we are very fortunate to have a profes- protected. And furthermore, if those of us who sional staff on both sides of the aisle I have also asked Chairman ARCHER are conservatives say that bureaucracy and a professional staff serving on a to prepare a series of hearings looking and compulsion is not the answer, then nonpartisan basis. at the entire issue of how we revise the what are we going to say to a child And let me say that I think that entire Tax Code, whether we go toward born in a poor neighborhood with a Robin Carle stood well as the Clerk of a flat tax or whether we replace the in- broken home and no one to help them the House in representing all of us in come tax with a sales tax, or what we rise, who has no organic contact to establishing the dignity. And I thought do, but to begin a process that, frank- prosperity and has no organic contact that in the interchanges between her ly, may take 4 to 6 years but is the to a better future? and Chairman FAZIO that the world right direction for the right reason. I mentioned this in passing 2 years could see legitimate partisanship en- Finally, I have asked Chairman ago, and one of the failures I would gaged in legitimately exactly the way SPENCE on the Committee on National take some of the responsibility for, we it should be, in a professional, in a Security both to look at the issue of did not follow up. But I want to put it courteous, in a firm way on both sides. national missile defense and to look at right on the table today that every one And I think that is part of what we the question of military reform. of us, as a leader, has an obligation to have to teach the world. Let me say to all of my friends on reach out beyond party and beyond ide- In just a few moments, my dear both sides of the aisle, we have every ology and as Americans to say one of friend JOHN DINGELL, who represents a opportunity through reform to shrink the highest values we are going to H6 CONGRESSIONAL RECORD — HOUSE January 7, 1997 spend the next 2 years on is openly find a way to reach out in this modern This morning a very dear friend of dealing with the challenge of meaning era and use every tool at our finger- mine said that he was going to pray to that, when we say in our Declaration tips, from computers to television to God that I would win today and I asked that we are endowed by our Creator radio to personal volunteerism, so that him not to and I asked him to pray to with certain unalienable rights includ- every family that today happens to be God that whatever happens is what God ing life, liberty, and the pursuit of hap- dysfunctional has a chance within the wants, and then we would try to under- piness, that every child in every neigh- next few years to learn to be func- stand it and learn from it. Let me put borhood of every background is en- tional, and I think we should take ig- that forward in the same thing for all dowed by God, and every time America norance as serious a problem as drugs of us as we approach the next 2 years. fails to meet that, we are failing to or race. I was really struck about a month meet God’s test for the country we We in the Congress have one place we ago when I walked down to the Lincoln should be. have an obligation beyond any other, Memorial and I read the Second Inau- Let me say second about drugs, I and that is this city, and I want to gural, which is short enough to be on think we have to redefine and rethink commend the gentlewoman from the the wall, and 12 times in that Inau- our approach to drugs. District of Columbia, ELEANOR HOLMES gural Lincoln refers to God. I went One of my close friends had her 19- NORTON, for the leadership she has back and read Washington’s First Inau- year-old sister overdose, and her 19- shown and the courage she has shown gural, which is replete with reference year-old sister today is in a coma and day after day and week after week. She to America existing within God’s celebrated her 20th birthday in that and the gentleman from Virginia, TOM framework. I read Jefferson’s First In- coma. DAVIS, and the gentleman from New augural, since he is often described as a York, JIM WALSH, worked their hearts Drugs are not statistics. As CHARLIE deist, which refers to the importance out over the last 2 years, and I believe RANGEL told me at breakfast just 2 and the power of providence. All of my it is fair to say that in some ways we years ago, drugs are real human beings colleagues can visit the Jefferson Me- have begun to make progress. being destroyed. Drugs are real vio- morial where he says, around the top it It is not easy, it has to be done care- is inscribed, ‘‘I have sworn upon the lence. If we did not have drugs in this fully, it cannot violate the right of the country, the amount of spouse abuse, altar of God Almighty eternal hostility citizens of this city. But let us be can- against all forms of tyranny over the the amount of child abuse, the amount did. First, this is our national capital. of violence would drop dramatically. minds of man.’’ We have a unique obligation on both We have much to be proud of as And so I want to suggest that we sides of the aisle to care about Wash- should take seriously reaching across Americans. This is a great and a won- ington because we are today to Wash- derful system. We have much to be all barriers in establishing an all-out ington what a State government would ashamed of as Americans, from drug effort. be back home to your town. We have addiction to spouse and child abuse, to The Columbia University Center for an unusual obligation to Washington. children living in ignorance and pov- Addiction and Substance Abuse has Second, it is our national capital, erty surrounded by the greatest done a fascinating study. The Center and people looked at me as though I wealthiest nation in the world, to a po- found that one of the best predictors of 1 lost my mind 1 ⁄2 years ago when I met litical system that clearly has to be whether a child will stay free of drugs with Mayor Barry and I said, ‘‘You overhauled from the ground up if it is is whether he or she practices a reli- know, our vision ought to be the finest going to be worthy of the respect we gion. Joe Califano, Lyndon Johnson’s capital city in the world,’’ and that want and cherish. former advisor and Jimmy Carter’s ought to be our vision. I would just suggest to all of my col- Secretary of Health and Human Serv- And furthermore, if we are going to leagues that until we learn in a non- ices, says that religion is part of the talk honestly about race and we are sectarian way, not Baptist, not Catho- solution to our drug problems and to going to talk honestly about drugs and lic, not Jewish, in a nonsectarian way, drug treatment itself. Alcoholics Anon- we are going to talk honestly about ig- until we learn to reestablish the au- ymous refers to a higher power. norance, we owe it to every citizen of thority that we are endowed by our I do not know what all the answers this District, every child in this Dis- Creator, that we owe it to our Creator are, but I do know that if we love these trict, to have a decent chance to grow and that we need to seek divine guid- children, in addition to fighting racism up and to go to a school that succeeds ance in what we are doing, we are not and reaching out to every child, we in a neighborhood that is drug-free and going to solve this country’s problems. need to decide that we are prepared to safe, with an expectation of getting a In that spirit, with my colleagues’ have the equivalent of an abolitionist job in a community that actually cares prayers and help, I will seek to be wor- movement against drugs and to do about them and provides a better fu- thy of being Speaker of the House, and what it takes so that none of these ture, and we should take on as a Con- I will seek to work with every Member children ends up in a coma celebrating gress all responsibilities to the District sent by their constituents to represent their birthday or end up dead. of Columbia, and we should do it proud- them in the U.S. Congress. b 1430 ly, and we should not be ashamed to go And I now call on my dear friend, the back home and say, ‘‘You’re darn right senior Member of the House and won- Lastly, we need to pay closer atten- we’re helping our national capital be- derful person, the gentleman from tion to a word you do not hear much cause we want you to visit it with Michigan [Mr. DINGELL]. I am ready to anymore: Ignorance. Traditionally ig- pride, and we want you to know that take the oath of office, and I ask the norance ranked with pestilence, hun- you can say to anyone anywhere in the Dean of the House of Representatives, ger, war as abominations upon human- world come to America and visit Wash- the honorable gentleman from Michi- ity, but in recent years the word ‘‘igno- ington, it is a great city.’’ gan [Mr. DINGELL] to administer the rance’’ has been cleaned up and refined Let me close with this final thought, oath. into some aspect of educational failure. and I appreciate my friend, the gen- Mr. DINGELL then administered the I mean by ignorance something deep- tleman from Michigan [Mr. DINGELL] oath of office to Mr. GINGRICH of Geor- er. It is not about geography in the standing there, and I apologize for hav- gia, as follows: third grade. It is about learning the ing drawn him forward particularly Do you solemnly swear that you will work ethic, it is about learning to be a since he is standing on one foot. But support and defend the Constitution of citizen, it is about learning to save, it this has been a very difficult time, and the United States against all enemies, is about all the things that make us to those who agonized and ended up foreign and domestic; that you will functional. It is about the things that voting for me, I thank them. Some of bear true faith and allegiance to the allow virtually everybody in this room this difficulty frankly I brought on my- same; that you take this obligation to get up each morning and have a self. We will deal with that in more de- freely, without any mental reservation good life. There are too many places in tail later, and I apologize to the House or purpose of evasion, and that you will America where people are born into and the country for having done so. well and faithfully discharge the duties dysfunction, educated into dysfunction Some of it is part of the natural proc- of the office on which you are about to and live in dysfunction, and we should ess of partisan competition. enter. So help you God. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H7 (Applause, the Members rising.) The SPEAKER. The Chair recognizes That portion of the resolution was f the gentleman from Ohio [Mr. agreed to. BOEHNER]. AMENDMENT OFFERED BY MR. FAZIO OF SWEARING IN OF MEMBERS f CALIFORNIA The SPEAKER. According to the Mr. FAZIO of California. Mr. Speak- precedents, the Chair will swear in all MAJORITY LEADER er, I offer an amendment to the re- Members of the House at this time. Mr. BOEHNER. Mr. Speaker, as mainder of the resolution offered by For what purpose does the gentleman chairman of the Republican Con- the gentleman from Ohio [Mr. from California rise? ference, I am directed by that con- BOEHNER]. PARLIAMENTARY INQUIRIES ference to notify the House officially The Clerk read as follows: Mr. HUNTER. Parliamentary in- that the Republican Members have se- Amendment offered by Mr. FAZIO of Cali- fornia: quiry, Mr. Speaker. lected as their majority leader the gen- tleman from Texas, the Honorable That Marti Thomas, of the District of Co- The SPEAKER. The gentleman will lumbia, be, and she is hereby, chosen Clerk state his parliamentary inquiry. RICHARD K. ARMEY. of the House of Representatives; Mr. HUNTER. Mr. Speaker, In lieu of f That Sharon Daniels, of the State of Mary- requesting Representative-elect MINORITY LEADER land, be, and she is hereby, chosen Sergeant SANCHEZ to step aside, is it the fact at Arms of the House of Representatives; and Mr. FAZIO of California. Mr. Speak- That Steve Elmendorf, of the District of that a notice of contest filed on behalf er, as chairman of the Democratic Cau- Columbia, be, and he is hereby, chosen Chief of Robert Dornan pursuant to the law cus, I have been directed to report to Administrative Officer of the House of Rep- is on file with the Clerk? the House that the Democratic Mem- resentatives. The SPEAKER. The Chair is advised bers have selected as minority leader The SPEAKER. The question is on by the Clerk that a notice of contest the gentleman from Missouri, the Hon- the amendment offered by the gen- pursuant to the statute, section 382 of orable RICHARD A. GEPHARDT. tleman from California [Mr. FAZIO]. title 2, United States Code, has been The amendment was rejected. filed with the Clerk. Under section 5 of f The SPEAKER. The question is on article I of the Constitution and the MAJORITY WHIP the remainder of the resolution offered statute, the House remains the judge of Mr. BOEHNER. Mr. Speaker, as lead- by the gentleman from Ohio [Mr. the elections of its Members. The seat- er of the Republican Conference I am BOEHNER]. The remainder of the resolution was ing of a Member-elect does not preju- directed by that conference to notify agreed to. dice a contest over final right to the the House officially that the Repub- The SPEAKER. Will the officers- seat. lican Members have selected as our elect present themselves in the well of Mr. HOYER. Parliamentary inquiry, majority whip the gentleman from Mr. Speaker. the House? Texas, the Honorable TOM DELAY. The SPEAKER. The gentleman will The officers-elect presented them- f state his parliamentary inquiry. selves at the bar of the House and took Mr. HOYER. Mr. Speaker, am I cor- MINORITY WHIP the oath of office as follows: rect that the gentlewoman from Cali- Do you solemnly swear that you will Mr. FAZIO of California. Mr. Speak- support and defend the Constitution of fornia [Ms. SANCHEZ], has been duly er, as chairman of the Democratic Cau- certified by the Secretary of State as the United States against all enemies, cus, I have been directed to report to foreign and domestic; that you will duly elected from the 46th District of the House that the Democratic Mem- California? bear true faith and allegiance to the bers have selected as minority whip the same; that you take this obligation The SPEAKER. That is the informa- gentleman from Michigan, the Honor- tion that has been submitted to the freely, without any mental reservation able DAVID E. BONIOR. or purpose of evasion, and that you will Chair by the Clerk. f The SPEAKER. If the Members will well and faithfully discharge the duties rise, the Chair will now administer the ELECTION OF CLERK OF THE of the office on which you are about to oath of office. HOUSE, SERGEANT AT ARMS, enter. So help you God. The Members-elect and Delegates- AND CHAPLAIN The SPEAKER. Congratulations. You have been sworn in as officers of the elect and the Resident Commissioner- Mr. BOEHNER. Mr. Speaker, I offer a House. elect rose, and the Speaker adminis- privileged resolution (H. Res. 1) and f tered the oath of office to them as fol- ask for its immediate consideration. lows: The Clerk read the resolution, as fol- NOTIFICATION TO SENATE OF Do you solemnly swear that you will lows: ORGANIZATION OF THE HOUSE support and defend the Constitution of H. RES. 1 Mr. ARMEY. Mr. Speaker, I offer a the United States against all enemies, Resolved, That Robin H. Carle, of the Com- privileged resolution (H. Res. 2) and foreign and domestic; that you will monwealth of Virginia, be, and she is hereby, ask for its immediate consideration. bear true faith and allegiance to the chosen Clerk of the House of Representa- The Clerk read the resolution, as fol- same; that you take this obligation tives: lows: That Wilson S. Livingood, of the Common- freely, without any mental reservation H. RES. 2 or purpose of evasion, and that you will wealth of Virginia, be, and he is hereby, cho- sen Sergeant at Arms of the House of Rep- Resolved, That the Senate be informed that well and faithfully discharge the duties a quorum of the House of Representatives of the office on which you are about to resentatives; and That Reverend James David Ford, of the has assembled; that Newt Gingrich, a Rep- enter. So help you God. Commonwealth of Virginia, be, and he is resentative from the State of Georgia, has The SPEAKER. Congratulations. You hereby, chosen Chaplain of the House of Rep- been elected Speaker; and Robin H. Carle, a are all now Members of the U.S. Con- resentatives. citizen of the Commonwealth of Virginia, gress. has been elected Clerk of the House of Rep- Mr. FAZIO of California. Mr. Speak- resentatives of the One Hundred Fifth Con- b 1445 er, I have an amendment to the resolu- gress. f tion, but before offering the amend- The resolution was agreed to. ment, I request that there be a division f PERSONAL EXPLANATION of the question on the resolution so Mr. SAM JOHNSON of Texas. Mr. that we may have a separate vote on COMMITTEE TO NOTIFY THE Speaker, due to delayed airline flights, the Chaplain. PRESIDENT OF THE UNITED I missed a vote held earlier today to The SPEAKER. The question will be STATES OF THE ASSEMBLY OF elect the Speaker of the House. Had I divided. THE CONGRESS been present, I certainly would have The question is on agreeing to that Mr. ARMEY. Mr. Speaker, I offer a voted for the gentleman from Georgia portion of the resolution providing for privileged resolution (H. Res. 3) and [Mr. GINGRICH]. the election of the Chaplain. ask for its immediate consideration. H8 CONGRESSIONAL RECORD — HOUSE January 7, 1997 The Clerk read the resolution, as fol- ‘‘(II) the question of agreeing to a motion House Oversight concerning the amount of lows: to suspend the rules.’’. such payment.’’. SEC. 2. OBSOLETE REFERENCES TO ‘‘CONTIN- SEC. 8. SPECIAL AUTHORITIES FOR CERTAIN RE- H. RES. 3 GENT FUND’’. PORTS. Resolved, That a committee of two Mem- (a) In clause 8 of rule I— (a) In clause 1(b) of rule XI— bers be appointed by the Speaker on the part (1) in the first sentence, strike ‘‘contingent (1) designate the existing matter as sub- of the House of Representatives to join with fund of the House’’ and insert in lieu thereof paragraph (1); and a committee on the part of the Senate to no- ‘‘applicable accounts of the House described (2) add the following new subparagraphs at tify the President of the United States that in clause 1(h)(1) of rule X’’; and the end: a quorum of each House has assembled and (2) in the second sentence, strike ‘‘contin- ‘‘(2) A proposed investigative or oversight report shall be considered as read in commit- Congress is ready to receive any communica- gent fund’’ and insert in lieu thereof ‘‘appli- tee if it has been available to the members tion that he may be pleased to make. cable accounts of the House described in for at least 24 hours (excluding Saturdays, clause 1(h)(1) of rule X’’. The resolution was agreed to. Sundays, or legal holidays except when the (b) In clause 1(c) of rule XI, strike ‘‘contin- The SPEAKER. The Chair appoints House is in session on such a day). as members of the committee on the gent fund of the House’’ and insert in lieu ‘‘(3) A report of an investigation or study thereof ‘‘applicable accounts of the House part of the House to join a committee conducted jointly by more than one commit- described in clause 1(h)(1) of rule X’’. tee may be filed jointly, provided that each on the part of the Senate to notify the (c) In clause 4(a) of rule XI, strike ‘‘contin- President of the United States that a of the committees complies independently gent fund of the House’’ and insert in lieu with all requirements for approval and filing quorum of each House has been assem- thereof ‘‘applicable accounts of the House of the report. bled, and that Congress is ready to re- described in clause 1(h)(1) of rule X’’. ‘‘(4) After an adjournment of the last regu- ceive any communication that he may (d) In clause 6(f) of rule XI, strike ‘‘contin- lar session of a Congress sine die, an inves- be pleased to make, the gentleman gent fund’’ and insert in lieu thereof ‘‘appli- tigative or oversight report may be filed cable accounts of the House described in from Texas [Mr. ARMEY] and the gen- with the Clerk at any time, provided that if clause 1(h)(1) of rule X’’. a member gives timely notice of intention to tleman from Missouri [Mr. GEPHARDT]. SEC. 3. DRUG TESTING IN THE HOUSE. file supplemental, minority, or additional f In rule I, add the following new clause at views, that member shall be entitled to not the end: less than seven calendar days in which to AUTHORIZING THE CLERK TO IN- ‘‘13. The Speaker, in consultation with the submit such views for inclusion with the re- FORM THE PRESIDENT OF THE Minority Leader, shall develop through an port.’’. UNITED STATES OF THE ELEC- appropriate entity of the House a system for (b) In clause 1(d) of rule XI, add the follow- TION OF THE SPEAKER AND THE drug testing in the House of Representatives. ing new subparagraph at the end: CLERK OF THE HOUSE OF REP- The system may provide for the testing of ‘‘(4) After an adjournment of the last regu- any Member, officer, or employee of the lar session of a Congress sine die, the chair- RESENTATIVES man of a committee may file a report pursu- House, and otherwise shall be comparable in ant to subparagraph (1) with the Clerk at Mr. ARMEY. Mr. Speaker, I offer a scope to the system for drug testing in the any time and without approval of the com- privileged resolution (H. Res. 4) and executive branch pursuant to Executive mittee, provided that a copy of the report Order 12564 (Sept. 15, 1986). The expenses of ask for its immediate consideration. has been available to each member of the The Clerk read the resolution, as fol- the system may be paid from applicable ac- committee for at least seven calendar days lows: counts of the House for official expenses.’’. and includes any supplemental, minority, or SEC. 4. POLICY DIRECTION AND OVERSIGHT OF H. RES. 4 additional views submitted by a member of CHIEF ADMINISTRATIVE OFFICER. the committee.’’ Resolved, That the Clerk be instructed to (a) In clause 1 of rule V, strike ‘‘the Speak- inform the President of the United States SEC. 9. COMMITTEE DOCUMENTS ON INTERNET. er and’’ in both places it appears. In clause 2(e) of rule XI, add the following that the House of Representatives has elect- (b) In clause 2 of rule V, strike ‘‘the Speak- ed Newt Gingrich, a Representative from the new subparagraph at the end: er or’’. ‘‘(4) Each committee shall, to the maxi- State of Georgia, Speaker; and Robin H. SEC. 5. BUDGET JURISDICTION CHANGES. mum extent feasible, make its publications Carle, a citizen of the Commonwealth of Vir- (a) In clause 1(d)(3) of rule X (relating to available in electronic form.’’. ginia, Clerk of the House of Representatives the Committee on the Budget), strike ‘‘con- of the One Hundred Fifth Congress. SEC. 10. INFORMATION REQUIRED OF PUBLIC gressional budget process’’ and insert in lieu WITNESSES. The resolution was agreed to. thereof ‘‘budget process.’’ In clause 2(g) of rule XI, amend subpara- f (b) In clause 1(g)(4) of rule X (relating to graph (4) to read as follows: the Committee on Government Reform and ‘‘(4) Each committee shall, to the greatest RULES OF THE HOUSE Oversight), strike ‘‘Budget and accounting extent practicable, require witnesses who ap- measures, generally’’ and insert in lieu pear before it to submit in advance written Mr. ARMEY. Mr. Speaker, by direc- thereof ‘‘Government management and ac- statements of proposed testimony and to tion of the House Republican Con- counting measures, generally,’’ limit their initial oral presentations to the committee to brief summaries thereof. In ference, I call up a privileged resolu- SEC. 6. DESIGNATING COMMITTEE ON EDU- tion (H. Res. 5) and ask for its imme- CATION AND THE WORKFORCE. the case of a witness appearing in a non- diate consideration. (a) In clause 1(f) of rule X, strike ‘‘Commit- governmental capacity, a written statement of proposed testimony shall include a cur- tee on Economic and Educational Opportuni- The Clerk read the resolution, as fol- riculum vitae and a disclosure of the amount ties’’ and insert in lieu thereof ‘‘Committee lows: and source (by agency and program) of any on Education and the Workforce’’. H. RES. 5 Federal grant (or subgrant thereof) or con- (b) In clause 3(c) of rule X, strike ‘‘Com- tract (or subcontract thereof) received dur- Resolved, That the Rules of the House of mittee on Economic and Educational Oppor- ing the current fiscal year or either of the Representatives of the One Hundred Fourth tunities’’ and insert in lieu thereof ‘‘Com- two previous fiscal years by the witness or Congress, including applicable provisions of mittee on Education and the Workforce’’. by an entity represented by the witness.’’. law or concurrent resolution that con- SEC. 7. REQUIREMENT OF APPROVAL FOR SET- SEC. 11. COMMITTEES’ SITTINGS. stituted rules of the House at the end of the TLEMENT OF CERTAIN COMPLAINTS. In clause 2(i) of rule XI, strike subpara- One Hundred Fourth Congress, are adopted In clause 4(d) of rule X— graph (1) and the designation ‘‘(2)’’. as the Rules of the House of Representatives (a) strike ‘‘The Committee’’ and insert in of the One Hundred Fifth Congress, with the lieu thereof ‘‘(1) The Committee’’; SEC. 12. EXCEPTIONS TO FIVE-MINUTE RULE IN following amendments: HEARINGS. (b) strike ‘‘(1) examining’’ and insert in In clause 2(j)(2) of rule XI— SECTION 1. POSTPONEMENT OF CORRECTIONS lieu thereof ‘‘(A) examining’’; (a) strike ‘‘Each’’ and insert in lieu thereof VOTES. (c) strike ‘‘(2) providing’’ and insert in lieu ‘‘(A) Subject to subdivisions (B) and (C), In clause 5(b)(1) of rule I, strike subdivi- thereof ‘‘(B) providing’’; each’’; and sions (E) and (F), and insert in lieu thereof (d) strike ‘‘(3) accepting’’ and insert in lieu (b) add the following new subdivisions at the following: thereof ‘‘(C) accepting’’; and the end: ‘‘(E) the question of agreeing to a motion (e) add the following new subparagraph at ‘‘(B) A committee may adopt a rule or mo- to recommit a bill considered pursuant to the end: tion permitting an equal number of its ma- clause 4 of rule XIII; ‘‘(2) An employing office of the House of jority and minority party members each to ‘‘(F) the question of ordering the previous Representatives may enter a settlement of a question a witness for a specified period not question on a question described in subdivi- complaint under the Congressional Account- longer than 30 minutes. sion (A), (B), (C), (D), or (E); ability Act of 1995 that provides for the pay- ‘‘(C) A committee may adopt a rule or mo- ‘‘(G) the question of agreeing to an amend- ment of funds only after receiving the joint tion permitting committee staff for its ma- ment to a bill considered pursuant to clause approval of the chairman and the ranking jority and minority party members to ques- 4 of rule XIII; and minority party member of the Committee on tion a witness for equal specified periods.’’. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H9 SEC. 13. REPEAL OF INFLATION IMPACT STATE- legislative committee having jurisdiction shall knowingly distribute any political MENT REQUIREMENT; ESTABLISH- over the subject matter thereof, and except campaign contribution in the Hall of the MENT OF CONSTITUTIONAL AU- rescissions of appropriations contained in House or rooms leading thereto.’’. THORITY STATEMENT REQUIRE- appropriation Acts.’’; MENT. SEC. 23. REPEAL OF OBSOLETE EMPLOYMENT (c) amend paragraph (c) to read as follows: In clause 2(l) of rule XI, amend subpara- PRACTICES RULE. ‘‘(c) No amendment to a general appropria- graph (4) to read as follows: (a) Rule LI (Employment Practices) is re- tion bill shall be in order if changing exist- ‘‘(4) Each report of a committee on a bill or pealed. ing law, including an amendment making joint resolution of a public character shall (b) Rule LII (Gift Rule) is redesignated as the availability of funds contingent on the include a statement citing the specific pow- rule LI. receipt or possession of information not re- ers granted to the Congress in the Constitu- SEC. 24. TECHNICAL AMENDMENTS. quired by existing law for the period of the tion to enact the law proposed by the bill or (a) In clause 5(a) of rule I, insert before the appropriation. Except as provided in para- joint resolution.’’. last sentence the following: ‘‘A recorded vote graph (d), no amendment shall be in order taken pursuant to this paragraph shall be SEC. 14. FILING OF REPORTS AFTER TIME FOR during consideration of a general appropria- VIEWS. considered a vote by the yeas and nays.’’. tion bill proposing a limitation not specifi- (b) In clause 1(h)(1) of rule X, strike In clause 2(l)(5) of rule XI— cally contained or authorized in existing law (a) in the first sentence, strike ‘‘three cal- ‘‘House Information Systems’’ and insert in for the period of the limitation.’’; and lieu thereof ‘‘House Information Resources.’’ endar days’’ and insert ‘‘two additional cal- (d) in paragraph (d), strike ‘‘and amend- endar days after the day of such notice’’; and (c) In clause 2(g)(3) of rule XI, strike ‘‘the ments not precluded by paragraphs (a) or (c) House Information Systems’’ and insert in (b) after the second sentence, insert the of this clause have been considered’’. following new sentence: ‘‘When time guaran- lieu thereof ‘‘House Information Resources’’. SEC. 19. CLARIFYING DEFINITION OF INCOME (d) In clause 2(k)(5)(B) of rule XI— teed by this subparagraph has expired (or, if TAX RATE INCREASE. sooner, when all separate views have been re- (1) strike ‘‘a majority of the members of’’; (a) In clause 5(c) of rule XXI, add the fol- ceived), the committee may arrange to file and lowing new sentence at the end: ‘‘For pur- its report with the Clerk not later than one (2) strike ‘‘determine’’ and insert ‘‘deter- poses of the preceding sentence, the term hour after the expiration of such time.’’. mines’’. ‘Federal income tax rate increase’ means (e) In clause 2(l)(6) of rule XI, insert after SEC. 15. COMMITTEE RESERVE FUND. any amendment to subsection (a), (b), (c) (d), ‘‘concurrent resolution on the budget’’ the In clause 5(a) of rule XI, strike ‘‘Any such or (e) of section 1, or to section 11(b) or 55(b) following: ‘‘(except that a Saturday, Sunday, primary expense resolution’’ and insert in of the Internal Revenue Code of 1986, that or legal holiday on which the House is in ses- lieu thereof the following: ‘‘A primary ex- imposes a new percentage as a rate of tax sion shall not be excluded under such sec- pense resolution may include a reserve fund and thereby increases the amount of tax im- tion)’’. for unanticipated expenses of committees. posed by any such section.’’. (f) In clause 4(a) of rule XXII, strike ‘‘in- An amount from such a reserve fund may be (b) In clause 5(d) of rule XXI, amend the dorsed’’ and insert in lieu thereof ‘‘en- allocated to a committee only by the ap- second sentence to read as follows: ‘‘For pur- dorsed’’. proval of the Committee on House Oversight. poses of the preceding sentence— (g) In clause 6 of rule XXIII, strike ‘‘after A primary expense resolution’’. ‘‘(1) the term ‘Federal income tax rate in- the reporting of the bill by the committee SEC. 16. CORRECTIONS CALENDAR CHANGES. crease’ means any amendment to subsection but’’. In clause 4(a) of rule XIII— (a), (b), (c), (d), or (e) of section 1, or to sec- (h) In clause 4 of rule XLIII— (a) strike ‘‘On’’ and insert in lieu thereof tion 11(b) or 55(b), of the Internal Revenue (1) In clause ‘‘excepted’’ and insert in lieu ‘‘At any time on’’; Code of 1986, that imposes a new percentage thereof ‘‘except’’; and (b) strike ‘‘after the Pledge of Alle- as a rate of tax and thereby increases the (2) strike ‘‘rule LII’’ and insert in lieu giance,’’; and amount of tax imposed by any such section; thereof ‘‘rule LI’’. (c) strike ‘‘the bills in numerical order and (i) In clause 13 of rule XLIII, strike ‘‘by which have’’ and insert in lieu thereof ‘‘any ‘‘(2) a Federal income tax rate increase is House’’ and insert in lieu thereof ‘‘by the bill that has’’; retroactive if it applies to a period beginning House’’. SEC. 17 DYNAMIC ESTIMATION OF EFFECTS OF prior to the enactment of the provision.’’. SEC. 25. SELECT COMMITTEE ON ETHICS. MAJOR TAX LEGISLATION. SEC. 20. UNFUNDED MANDATE CLARIFICATION. In clause 4(e) of rule X, add the following In clause 7 of rule XIII, add the following In clause 5 or rule XXIII, amend paragraph new subparagraph at the end: new paragraph at the end: (c) to read as follows: ‘‘(3) Effective as of noon on January 3, 1997, ‘‘(e)(1) A report from the Committee on ‘‘(c)(1) In the Committee of the Whole, an there is hereby established in the One Hun- Ways and Means on a bill or joint resolution amendment proposing only to strike an un- dred Fifth Congress a Select Committee on designated by the Majority Leader (after funded mandate from the portion of the bill Ethics. Effective as of noon on January 3, consultation with the Minority Leader) as then open to amendment, if otherwise in 1997, each Member who served as a member major tax legislation may include a dynamic order, may be precluded from consideration of the Standing Committee on Standards of estimate of the changes in Federal revenues only by specific terms of a special order of Official Conduct at the expiration of the One expected to result from enactment of the the House. Hundred Fourth Congress is hereby ap- legislation. The Joint Committee on Tax- ‘‘(2) In this paragraph, ‘unfunded mandate’ pointed as a member of the select commit- ation shall render a dynamic estimate of means a Federal intergovernmental mandate tee. A resignation from the select committee such legislation only in response to a timely the direct costs of which exceed the thresh- shall be deemed effective upon notice to the request from the chairman of the Committee old otherwise specified for a reported bill or House. A vacancy on the select committee on Ways and Means (after consultation with joint resolution in section 424(a)(1) of the shall be filled by appointment by the Leader the ranking minority member of the com- Congressional Budget Act of 1974.’’. of the party concerned. The select commit- mittee). A dynamic estimate pursuant to SEC. 21. DISCHARGE PETITION CLARIFICATION tee shall have jurisdiction only to resolve this paragraph may be used only for informa- In clause 3 of rule XXVII— the Statement issued by the Investigative tional purposes. (a) strike ‘‘either a special order of busi- Subcommittee of the standing Committee on ‘‘(2) In this paragraph ‘dynamic estimate’ ness, or’’; Standards of Official Conduct in the One means a projection based in any part on as- (b) strike ‘‘any public bill or resolution fa- Hundred Fourth Congress relating to the of- sumptions concerning probable effects of vorably reported’’ and insert in lieu thereof ficial conduct of Representative Gingrich of macroeconomic feedback. A dynamic esti- ‘‘a public bill or resolution reported’’; Georgia and otherwise report to the House mate shall include a statement identifying (c) Strike ‘‘Provided’’ the first place it ap- on the activities of that investigative sub- all such assumptions.’’. pears and insert in lieu thereof the following: committee. In the exercise of that jurisdic- SEC. 18, APPROPRIATIONS PROCESS CHANGES. ‘‘Provided, That a Member may not file a mo- tion, the select committee shall possess the In clause 2 of rule XXI— tion to discharge the Committee on Rules same authority as, and shall conduct its pro- (a) in paragraph (a), strike ‘‘in any’’ and from consideration of a resolution providing ceedings under the same rules, terms, and insert in lieu thereof ‘‘in a’’; for the consideration of more than one public conditions (including extension of the serv- (b) amend paragraph (b) to read as follows: bill or resolution, or admitting or effecting a ice and authority of the staff and of the out- ‘‘(b) No provision changing existing law nongermane amendment to a public bill or side counsel commissioned by the investiga- shall be reported in a general appropriation resolution: Provided further’’. tive subcommittee under the same terms and bill, including a provision making the avail- SEC. 22. PROHIBITING THE DISTRIBUTION OF conditions as in the One Hundred Fourth ability of funds contingent on the receipt or CAMPAIGN CONTRIBUTIONS IN THE Congress and effective as of noon on January possession of information not required by ex- HALL OF THE HOUSE. 3, 1997) as those applicable to the standing isting law for the period of the appropria- In rule XXXII, add the following new Committee on Standards of Official Conduct tion, except germane provisions that re- clause at the end: in the One Hundred Fourth Congress, except trench expenditures by the reduction of ‘‘5. No Member, officer, or employee of the that the select committee may file reports amounts of money covered by the bill, which House of Representatives, or any other per- in separate volumes with the Clerk when the may include those recommended to the Com- son entitled to admission to the Hall of the House is not in session and the time other- mittee on Appropriations by direction of a House or rooms leading thereto by this rule, wise guaranteed by clause 2(l)(5) of rule XI H10 CONGRESSIONAL RECORD — HOUSE January 7, 1997 for submission of separate views shall be comprehensive audit of House finances; demic and professional credentials, and computed as two calendar days after the day term limits on the Speaker and com- a disclosure by source and amount of on which the report is ordered. Expenses of mittee and subcommittee chairmen, Federal grants and contracts over the the select committee may be paid from ap- like myself, who no longer can serve last 3 years. The prohibition on com- plicable accounts of the House. The select committee shall cease to exist upon final more than 6 years as chairman of the mittees sitting while the House is con- disposition by the House of a report des- Committee on Rules; new sunshine sidering amendments would be re- ignated by the select committee as its final rules to open committee hearings and pealed. report on the matter, or at the expiration of meetings to the public, and to the As my colleagues know, we waived January 21, 1997, whichever is earlier.’’. broadcast media; an overhaul of the ad- that time after time which took up a Mr. ARMEY (during the reading). Mr. ministrative operations of this House. great deal of time in this body. So we Speaker, I ask unanimous consent that Mr. Speaker, today’s rules package is feel, since both parties agreed to it last the resolution be considered as read indeed modest by comparison, and that year, that we would repeal it entirely. and printed in the RECORD. is as it should be. We should not have Inflation impact statement require- The SPEAKER. Is there objection to to reinvent the wheel every 2 years, ment for committee reports would be the request of the gentleman from though we certainly should be willing repealed, but replaced by a constitu- Texas? to realign and to balance those wheels tional authority statement require- There was no objection. to ensure that they continue to turn ment to cite the specific powers grant- The SPEAKER pro tempore (Mr. smoothly and efficiently. ed to Congress on which the legislation LAHOOD). The gentleman from Texas Mr. Speaker and Members of the is based. Dynamic scoring estimates on [Mr. ARMEY] is recognized for 1 hour. House, the 104th Congress was the inno- major tax legislation, designated by Mr. ARMEY. Mr. Speaker, for the vative Congress. The 105th Congress the majority leader, could be included purpose of debate only, I yield the cus- will be the implementation Congress, in Committee on Ways and Means re- tomary 30 minutes to the distinguished both legislatively and procedurally. As ports for informational purposes only. minority leader, the gentleman from chairman of the Committee on Rules, I Committees would be permitted to file Missouri [Mr. GEPHARDT], or his des- made clear from the outset of my joint reports on investigations or stud- ignee, pending which I yield myself chairmanship that congressional re- ies jointly conducted. such time as I may consume. During form is a dynamic, evolutionary and Investigation and oversight reports consideration of the resolution, all incremental process, and that we would be considered as read if available time yielded is for debate purposes should never become complacent and to committee members at least 24 only. rest on the reform laurels of the past. hours in advance of their consider- Mr. Speaker, I ask unanimous con- For that reason, we conducted a series ation. sent that the time allocated to me of four hearings in our Committee on b 1500 under this previous unanimous consent Rules last summer entitled, ‘‘Building request be conceded to the gentleman on Change, Preparing for the 105th Such reports, properly approved, from New York [Mr. SOLOMON], the Congress’’, which now is starting could be filed after the sine die ad- chairman of the Committee on Rules. today. journment of a Congress, provided at The SPEAKER pro tempore. Is there We sent a questionnaire to all House least 7 calendar days are allowed for objection to the request of the gen- committee chairmen and to ranking filing those views. tleman from Texas? minority members on that side of the The time for filing views on the com- There was no objection. aisle, assessing our past reforms and mittee reports during a session would (Mr. ARMEY asked and was given soliciting opinions on new reform pro- be shortened from 3 to 2 days, exclud- permission to revise and extend his re- posals. We invited all House Members ing Saturdays, Sundays, and legal holi- marks and to include extraneous mate- to testify before the Committee on days, and committees would have the rial.) Rules on their reform ideas, and some automatic right to file 1 hour after the Mr. SOLOMON. Mr. Speaker, I yield 47 House Members from both sides and deadline for such views. myself such time as I may consume. both parties respond today to that in- This is a proposal made by the chair- (Mr. SOLOMON asked and was given vitation with both written and oral man, the gentleman from Massachu- permission to revise and extend his re- testimony before our committee. setts, [Mr. MOAKLEY], before the Joint marks and to include extraneous mate- We also heard from outside students Committee on Congressional Reform in rial.) of the Congress, from major think the 103rd Congress and included in his Mr. SOLOMON. Mr. Speaker, the res- tanks around this country on the basis chairman’s substitute for that bill. olution before us today adopts the of our survey and hearings and further It was a good idea then, JOE, and it is Rules of the House from the 104th Con- discussions within our Republican Con- a good idea today. gress as the Rules of the House for the ference and leadership. We bring this We did not object to Chairman MOAK- 105th Congress together with some 25 resolution to the House today for your LEY’S proposal at that time when we amendments thereto. consideration and your approval. were in the minority, and we certainly Mr. Speaker, I will be the first to For the most part, this resolution are going to offer it today in the spirit concede that the House rules package consists of numerous minor and tech- of bipartisanship. certainly is not as bold and as innova- nical changes from the rules of the last Committees would be required, to the tive as the package of 31 House Rules Congress, but it nevertheless contains maximum extent feasible, to put their changes we offered at the beginning of some significant changes which I would publications on the Internet. By publi- the 104th Congress, January 4, 1995. My like to briefly summarize at this time. cations, we intend this to include writ- colleagues will recall that historic day I will be placing a more detailed sec- ten committee materials that are oth- consumed over 14 hours as we provided tion by section summary and analysis erwise made available to the public. for an extended debate and separate in the RECORD following my remarks to That information ought to appear on votes on major changes in how this make a more complete legislative his- the Internet. House was going to operate. Among tory. So briefly, let me just say that The omnibus committee funding res- other things, we provided in that pack- first we have proposed a number of olution could include a reserve fund for age for the elimination of three com- rules changes that affect our commit- unanticipated contingencies that mittees and 32 subcommittees, thereby tees. Committees may adopt rules or would not be allocated without the ap- shrinking the size of this Congress and motions to permit extended question- proval of the Committee on House setting an example for the rest of Gov- ing of witnesses beyond the usual 5- Oversight. Since we are now on a 2- ernment, the Federal Government minute rule, by both Members or staff year committee funding cycle, this down to local levels; a one-third reduc- with equal time for the majority and only makes good sense. It is not always tion in committee staff and funding; the minority parties. Nongovernmental possible to project committee needs 2 the elimination of proxy voting in witnesses at committee hearings will years in advance. committees; a three-fifths vote on in- be required to submit with their writ- The name of the Committee on Eco- come tax rate increases; the first ever ten testimony in advance their aca- nomic and Educational Opportunities January 7, 1997 CONGRESSIONAL RECORD — HOUSE H11 would be changed to the Committee on order on the second and fourth Tues- Omnibus committee expense resolutions Education and the Workforce, and the days of the month, and for postponing could include a ‘‘reserve fund’’ for unantici- jurisdiction over the presidential budg- demands for rollcall votes on any pated committee expenses, with specific allo- et process would be shifted from the amendments or motions to recommit. cations subject to approval. Approval by the chairman and rank- Committees would be required to put their Committee on Government Reform and publications on the Internet to the maxi- Oversight to the Committee on the ing minority member of the Committee mum extent feasible. Budget. on Government Reform and Oversight The definition of ‘‘income tax rate in- Mr. Speaker, beyond these changes of proposed financial settlements in creases’’ would be tied to specific tax rates that affect committees, this resolution Congressional Accountability Act em- in the IRS Code (or higher new tax rates) for contains a few other provisions that ployee complaints would be codified in purposes of the three-fifths vote rule on such should be noted here today. The dis- House rules. That means there is going increases and the prohibition on retroactive tribution of campaign contributions on to have to be a bipartisan agreement as tax rate increases. the House floor in the Speaker’s lobby to those settlements. That is the way The distribution of campaign contributions and in the cloakrooms would be prohib- it should be, to make sure we stick on the House floor and rooms leading thereto (cloak rooms and Speaker’s Lobby) would be ited by rules of the House. within our budgetary allocations. prohibited. The Speaker, in consultation with The right of the majority leader to The Speaker, in consultation with the Mi- the minority leader, shall develop, and offer a motion to rise and report on ap- nority Leader, would develop through an ap- this is very important and speaks to propriation bills, once the final lines propriate House entity a system for drug the point that our Speaker GINGRICH have been read, would have priority testing that may include any Member, offi- made earlier this afternoon, that we over other motions to amend, and so- cer or employee and that is otherwise com- shall develop a system for drug testing called made-known limitation amend- parable in scope to the present system for in the House that is comparable in ments would be prohibited under the drug testing in the Executive Branch. scope to the system that is applied in new rules. The Ethics Committee of the 104th Con- Finally, the membership and author- gress would be extended through Jan. 21, the executive branch since 1986. What 1997, as a select committee to complete ac- this means, in effect, is that the Speak- ity of the Ethics Committee of the tion on its subcommittee’s report on Rep- er may require mandatory or random 104th Congress with respect to matters resentative Gingrich. drug testing of we Members, officers or concerning the gentleman from Geor- employees of the House of Representa- gia [Mr. GINGRICH] would be extended SECTION-BY-SECTION SUMMARY OF DRAFT RES- tives, which means our staff and any- through January 21 of this year to per- OLUTION ADOPTING HOUSE RULES FOR THE one employed by the House, but he mit it to report any recommendations 105TH CONGRESS shall implement a system at the very to the House. Sec. 1. Postponement of Corrections Votes: least comparable in scope to the pro- Mr. Speaker, that completes my sum- The Speaker’s current authority to postpone gram in effect in the executive branch mary of the substantial provisions of votes on final passage of a measure would be pursuant to Ronald Reagan’s executive this resolution. There are other minor extended to any manager’s amendment, and order 12564. and technical changes that have been any motion to recommit a bill (or any pre- Those tests would be paid for from of- recommended by the Parliamentarian vious question thereon), considered under the Corrections Day process. (Rule I, clause ficial expense allowances of either the that are included in this resolution. 5(b)(1))) Members, the committees or the offi- Mr. Speaker, I include for the Sec. 2. Obsolete References to ‘‘Contingent cers, the departments that they run. RECORD the following document titled Fund’’: Five obsolete references to the House Mr. Speaker, let me just say, the ran- ‘‘Highlights of Provisions in Proposed ‘‘contingent fund’’ would be changed to ‘‘ap- dom drug testing has been so ex- House Rules Package for the 105th Con- plicable accounts of the House’’. (Rule I, tremely effective in the executive gress.’’ clause 8, in two instances; Rule XI, clauses branch, particularly in the military The material referred to is as follows: 1(c), 4(a), and 6(f)) where illegal drug use dropped, and HIGHLIGHTS OF PROVISIONS IN PROPOSED *Sec. 3. Drug Testing in the House: The Speaker, in consultation with the Minority Members ought to listen to this, HOUSE RULES PACKAGE FOR THE 105TH CON- GRESS Leader, shall develop through an appropriate dropped from an average of 25 percent entity of the House a system for drug testing Committees could adopt rules or motions back in the early 1980’s—25 percent of that may include any Member, officer or em- to permit designated majority and minority the enlisted personnel were using ille- ployee of the House and that is otherwise members to question witnesses for more gal drugs in one form or another—it comparable in scope to the present system than five-minutes (but not more than 30- dropped it down to less than 5 percent for drug testing in the Executive Branch. minutes per side, per witness), and to permit (Rule 1, clause 13). in just 4 years. I have no doubt that we questioning of witnesses by majority and mi- Sec. 4. Policy Direction, and Oversight of will accomplish the same results here nority staff on an equal time basis. in the House. Non-governmental witnesses would be re- Chief Administrative Officer: The Speaker’s Mr. Speaker, this rule does not pre- quired to submit in advance, as part of their authority over the assignment of functions, judge what means of testing may be written testimony, a curriculum vitae and a policy direction and oversight of the CAO would be eliminated, leaving such authority used; that is, whether it should be disclosure by source and amount of Federal grants and contracts received by them and exclusively with the House Oversight Com- urine specimen or hair sample. That mittee, as it now is with respect to other will be worked out by the designated the organizations they represent for the cur- rent and preceding two fiscal years. House officers. (Rule V, clause 1) entity of the Speaker in developing The inflation impact statement require- Sec. 5. Budget Jurisdiction Changes: The this system. This is a natural follow-on ment for committee reports would be re- Budget Committee would have jurisdiction to the Congressional Accountability pealed and replaced by a required ‘‘Constitu- over ‘‘budget process, generally’’ (and not Act, in which the Congress has applied tional Authority Statement’’ citing the spe- just ‘‘congressional budget process’’). The to itself the same workplace standards cific powers granted to Congress on which Committee on Government Reform and that apply to the executive branch and the legislation is based. Oversight’s jurisdiction over ‘‘budget and ac- Dynamic scoring estimates could be in- counting measures, generally,’’ would be the private sector. We should be no dif- changed to ‘‘government management and ferent than others when it comes to en- cluded in Ways and Means Committee re- ports on major tax legislation designated by accounting measures, generally.’’ (Rule X, suring a drug-free workplace, and this the majority leader, for informational pur- clauses 1(d)(3) and 1(g)(4)) is going to help us do that. poses. *Sec. 6. Designating Committee on Edu- The definition of income tax rate in- Committees would have automatic leave cation and the Workforce.—The name of the creases for purpose of the three-fifths until an hour after midnight on the second Committee on Economic and Educational vote rule and the prohibition on retro- day after approving a measure or matter to Opportunities would be changed to the Com- active tax rate increases would be con- file their report with the Clerk if notice has mittee on Education and the Workforce. fined to specified sections of the Inter- been given of intention to file views. (Rule X, clauses 1(f) and 3(c)) nal Revenue Code; namely, those sec- Committees would be authorized to file Sec. 7. Requirement of Approval for Settle- joint investigative and oversight reports ment of Certain Complaints: The provisions tions dealing with individual, cor- with other committees, and to file properly of section 2 of H. Res. 401 adopted by the porate, and alternative minimum tax approved investigative and oversight reports House in the 104th Congress (April 16, 1996) rates. after a Congress has adjourned provided at would be extended to the 105th Congress. The More flexibility would be allowed for least 7 calendar days are allowed for the fil- provisions require the joint approval of the considering Correction Day bills out of ing of additional and minority views. chairman and ranking minority member of H12 CONGRESSIONAL RECORD — HOUSE January 7, 1997 the House Oversight Committee of the permit consideration of Corrections bills at rule I (postponement of certain votes) shall amount of a proposed settlement of a com- any time on a Corrections Day (as opposed to be considered a vote by the yeas and nays; plaint under the Congressional Accountabil- immediately after the Pledge), and to permit (b) and (c) Obsolete references to the ‘‘House ity Act before the employing House office bills to be called up in any order from the Information Systems’’ would be changed to can enter a settlement. (Rule X, clause 4(d)) Calendar (as opposed to only in the numeri- the ‘‘House Information Resources’’; (d) The Sec. 8. Special Authorities for Certain Re- cal order in which they appear on the Cal- procedures for a committee vote on whether ports: (a) proposed investigative or oversight endar). (Rule XIII, clause 4(a)) to close an investigatory hearing because reports would be considered as read if avail- Sec. 17. Dynamic Estimation of Effects of testimony might tend to defame, degrade or able to committee members at least 24 hours Major Tax Legislation: A report by the Ways incriminate any person would be changed to in advance of their consideration; (b) com- and Means Committee on major tax legisla- clarify that the hearing would not be closed mittees would be authorized to file joint in- tion (as designated by the majority leader in if a majority of those voting (a committee vestigative or oversight reports with other consultation with the minority leader) may majority being present)—instead of a major- committees on matters on which they had include an estimate of the change in reve- ity of committee members—determine that conducted joint studies or investigations; (c) nues resulting from the enactment of the the evidence or testimony would not tend to committees would be authorized to file in- legislation on the basis of assumptions that defame, degrade or incriminate any person. vestigative or oversight reports after the estimate the probable dynamic macro- (Rule XI, clause 2(k)(5)(B); (e) The layover final adjournment of a second session if they economic feedback effects of such legisla- requirement for budget committee reports were properly approved and at least 7 cal- tion. The Joint Tax Committee would be re- on budget resolutions would be conformed to endar days are permitted for filing vies; and quired to produce such an estimate if re- those for other committee reports to the ex- (d) committee final activity reports could be quested by the chairman of the Ways and tent that Saturdays, Sundays or legal holi- filed after an adjournment without formal Means Committee. Such estimates shall be days on which the House is in session would approval if at least 7 calendar days are per- for informational purposes only. (Rule XIII, be counted as days of availability of the re- mitted for filing views. (Rule XI, clauses 1(b) clause 7) port. (Rule XI, clause 2(1)(6)); (f) The spelling and (d)) Sec. 18. Appropriations Process Changes: of ‘‘endorsed’’ would be corrected in rule Sec. 9. Committee Publications on No provision could be reported in a general XXII, clause 4(a); (g) The rule giving special Internet: Committees would be required, to appropriations bill, or considered as an protections to Members who have pre-print- the maximum extent feasible, to make all amendment thereto, making the availability ed their amendments in the Congressional committee publications available in elec- of funds contingent on the receipt or posses- Record would apply to any measure under tronic form. (Rule XI, clause 2(e)) sion of information not required by existing consideration and not just to those reported Sec. 10. Information Required of Public law except germane provisions that retrench by a committee. (Rule XXIII, clause 6); (h) Witnesses: Each committee shall require, to expenditures. The current right of the Major- The word ‘‘excepted’’ would be changed to the greatest extent practicable, witnesses ity Leader or a designee to offer the motion ‘‘except’’ before ‘‘as provided in rule LI (Gift appearing in a non-governmental capacity to to rise and report at the end of the reading Rule)’’ in clause 4 of rule XLIII; and (I) the include with their advance written testi- of appropriations bills for amendment would words ‘‘by House’’ would be changed to ‘‘by mony a curriculum vitae and disclosure by be clarified to ensure that the motion could the House’’ in clause 13 of rule XLIII (relat- source and amount of Federal government not be preempted by the offering of regular ing to the non-disclosure oath or affirmation grants and contracts received by them and amendments. (Rule XXI, clause 2 (a), (b), (c), required for access to classified informa- any entity they represent for the current and and (d)) tion). preceding two fiscal years. (Rule XI, clause Sec. 19. Clarifying the Definition of Income *Sec. 25. Select Committee on Ethics: The 2(g)) Tax Rate Increase: The definition of Federal Committee on Standards of Official Conduct Sec. 11. Committees’ Sittings: The current income tax rate increases for purposes of the of the 104th Congress would be re-established prohibition on committees sitting while the rules requiring a three-fifths vote on such in- in the 105th Congress as a select committee House is considering legislation under the creases and prohibiting retroactive income for a period ending on January 21, 1997, for five-minute rule (except by leave of the tax rate increases would be narrowed to in- the purpose of completing its work on the re- House), would be repealed. (Rule XI, clause clude only increases in existing specific stat- port isued by its subcommittee involving the 2(I)) utory Federal income tax rates in the Inter- official conduct of Representative Newt Sec. 12. Exceptions to Five-Minute Rule in nal Revenue Code of 1986 (sec. 1 (a)–(e), sec. Gingrich. Hearings: Committees would be authorized 11(b), or sec. 55(b)) or adding new income tax *Denotes changes from summary and GPO ‘‘Com- to adopt a special rule or motion (a) to per- rates to the highest of such specific income mittee Print’’ of resolution released on Friday, Jan- mit selected majority and minority members tax rates. (Rule XXI, clause 5 (c) and (d)) uary 3, 1997. (in equal numbers) to take more than 5-min- Sec. 20. Unfunded Mandate Clarification: utes in questioning witnesses, but not more The current rule permitting an amendment SECTION-BY-SECTION ANALYSIS OF RESOLUTION than 30 minutes per side, per witness; and (b) to strike an unfunded mandate from a bill ADOPTING HOUSE RULES FOR THE 105TH CON- to permit the questioning of witnesses by unless otherwise precluded by a special order GRESS staff provided that staff for the minority is of the House would be clarified by specifying Introduction: As in the past, the introduc- given equal time and opportunity to do so. that the reference to section 424(a)(1) of the tory paragraph of the resolution adopts the (Rule XI, clause 2(j)(2)) Budget Act is to a ‘‘Federal intergovern- rules of the previous Congress, in this case Sec. 13. Repeal of Inflation Impact State- mental mandate’’ whose direct costs exceed the 104th Congress, together with applicable ment Requirement; Establishment of Con- the threshold amounts specified in that sec- provisions of law or concurrent resolution stitutional Authority Statement Require- tion of the Budget Act. (Rule XXIII, clause that constituted House Rules in the previous ment: The current requirement for inflation 5(c)) Congress, as the Rules of the House of the impact statement in committee reports on Sec. 21. Discharge Petition Clarification: new Congress (the 105th Congress), together bills would be repealed. A new ‘‘Constitu- The existing discharge rule would be amend- with the amendments listed in the resolu- tional Authority Statement’’ would be re- ed to clarify that petitions may be filed on tion. In the case of this resolution, following quired in committee reports citing the spe- resolutions from the Rules Committee pro- this introductory paragraph are 25 sections cific powers granted to Congress by the Con- viding for the consideration of any unre- containing direct amendments to the Rules stitution on which the proposed enactment ported or any reported measure (not just of the 104th Congress, listed generally in the is based. (Rule XI, clause 2(l)(4)) those reported ‘‘favorably’’), that such spe- order in which the Rules are amended, from Sec. 14. Filing of Reports After Time for cial rules may provide for the consideration Rule I through Rule II. Views: The period for filing views on reports of only one measure, and that the special Section 1. Postponement of Corrections would be changed from three full days after rule may not provide for the consideration of Votes: Clause 5(b)(1) of House Rule I (‘‘Duties the day on which a bill or matter is ordered non-germane amendments to such a meas- of the Speaker’’) currently lists those mat- reported to three days counting the day on ure. (Rule XXVII, clause 3) ters on which the Speaker may postpone a which the matter is ordered reported. More- Sec. 22. Prohibiting the Distribution of demand for a rollcall vote until later in the over, a committee would have the automatic Campaign Contributions in the Hall of the same day or for up to two legislative days. right to arrange to have until an hour after House: No Member, officer, or employee of These include votes on the previous question midnight on the third day to file its report the House could knowingly distribute cam- and on passing a bill. On January 20, 1995, with the Clerk if intention to file views is paign contributions on the House floor or the House adopted H. Res. 168, abolishing the announced. (Rule XI, clause 2(l)(5)) rooms leading thereto. (Rule XXXII, clause Consent Calendar and replacing it with a Sec. 15. Committee Reserve Fund: Commit- 5) new Corrections Calendar on which the tee primary expense resolutions reported by Sec. 23. Repeal Obsolete Employment Prac- Speaker could place bills that had been re- the House Oversight Committee may include tices Rule: The House ‘‘Employment Prac- ported from committees and placed on the a reserve fund for unanticipated expenses tices’’ rule, which has been replaced by the Union Calendar. The Corrections Calendar is provided that any allocation from such fund Congressional Accountability Act, would be called on the second and fourth Mondays of to a committee is approved by the House repealed, and Rule LII (Gift Rule) would be each month, and bills called from it are sub- Oversight Committee. (Rule XI, clause 5(a)) redesignated as rule LI. (Rule LI) ject to one hour of debate, are not subject to Sec. 16. Corrections Calendar Changes: The Sec. 24. Technical Amendments: (a) A re- amendments except committee amendments Corrections Day rule would be amended to corded vote taken pursuant to clause 5(a) of or amendments offered by the chairman of January 7, 1997 CONGRESSIONAL RECORD — HOUSE H13 the primary committee or a designee, are regulatory, and other coordinating func- ports usually are not drafted until after a subject to one motion to recommit with or tions, or the General Accounting Office. Congress has finally adjourned. The right to without instructions, and require a three- Section 6. Designating Committee on Edu- file views with such reports has always ex- fifths vote for passage. The amendment pro- cation and the Workforce: The name of the isted, though only recognized and utilized in posed by this section would extend the Committee on Economic and Educational the last several congresses. This only Speaker’s right to postpone votes to amend- Opportunities would be changed to the Com- changes that right to the extent that it ex- ments offered to Corrections bills and to the mittee on Education and the Workforce. pands to seven calendar days the time in motion to recommit. (See section 16 below Section 7. Requirement of Approval for which such views may be submitted, dating for other Corrections Calendar changes.) Settlement of Certain Complaints: This sec- from the day on which the report is made Section 2. Obsolete References to the ‘‘Con- tion incorporates the language of section 2 of available to the members. tingent Fund:’’ When the Rules of the 104th H. Res. 401, 104th Congress, adopted by the Congress were adopted, the term ‘‘contingent House on a voice vote on April 16, 1996. Since Section 9. Committee Documents on the fund’’ of the House was generally replaced by a simple House resolution loses its force and Internet: This section requires House com- the term ‘‘applicable accounts of the House.’’ effect at the end of a Congress, it was de- mittees, ‘‘to the maximum extent feasible,’’ However, some instances of the use of the cided in this instance to incorporate its pro- to make their ‘‘publications’’ available in term ‘‘contingent fund’’ were overlooked at visions in the standing Rules of the House electronic form. The purpose of this section that time. The purpose of this section is to for the 105th Congress. The section requires is to encourage committees to make every replace the remaining for obsolete references that before any financial settlement can be effort practicable to ensure that what is to the contingent fund. entered into by an employing office of the available to the public in printed form also Section 3. Drug Testing in the House: This House with an employee under the Congres- be made available electronically. It is ex- section would amend House Rule I (‘‘Duties sional Accountability Act, the amount of the pected that, early in the 105th Congress, fur- of the Speaker’’) by adding a new clause 13 proposed settlement must be jointly ap- ther guidelines will be developed between the that requires the Speaker, in consultation proved by the chairman and ranking minor- Committee on House Oversight, House Infor- with the Minority Leader, to develop a sys- ity member of the House Oversight Commit- mation Resources, and various committees, tem for drug testing in the House that may tee which has responsibility for monitoring outlining what materials should be made include testing of any Member, officer or em- House expenditures from various accounts to available and on what web sites. As a general ployee and that is otherwise comparable in ensure they remain within amounts budg- rule of thumb, the term ‘‘publications’’ scope to the system for drug testing in the eted. should be interpreted to mean printed mate- Executive Branch pursuant to Executive Section 8. Special Authorities for Certain rials of the committee which are generally Order 12564. Moreover, it authorizes expenses Reports: (a) The first subsection provides made available for distribution to the public. that if a proposed investigative or oversight for the new drug testing system to be paid Section 10. Information Required of Public report has been made available to the mem- from the applicable accounts of the House as Witnesses: Committees shall require, to the bers of a committee at least 24 hours prior to official expenses. The policy of the Drug-free greatest extent practicable, that non-govern- its consideration (excluding Saturdays, Sun- Workplace Program in the Executive Branch mental witnesses include as part of their days, and legal holidays except when the is to test applicants for certain positions written testimony that is already required House is in session), it shall be considered as classified as ‘‘sensitive,’’ relating to national by House Rules to be submitted in advance, security, law enforcement, public health or read. The purpose of this provision is to both encourage the advance distribution of such both a curriculum vitae and a disclosure by safety, etc. Periodic random testing is also source and amount of federal grants and con- required for incumbents of these positions. reports and to avoid prolonged delays that could result if any member demanded that tracts received by them and any organiza- The Executive Branch system authorizes the tions they represent at that hearing in the head of each agency to designate such other the report be read in full. Since such reports, unlike bills, are not read by section or para- current and preceding two fiscal years, to employees as the employer deems appro- the extent that such information is relevant priate for such testing according to specific graph for amendment, this in no way affects the right of members to offer amendments to to the subject matter of, and the witness’ criteria. The Executive system does not re- representational capacity at, that hearing. quire testing of elected officials (the Presi- any portion of the report once it has been considered as read. (b) A report on an inves- The purpose of these new requirements is to dent and Vice President), but cabinet officers give committee members, the public, and the and most sub-cabinet, Senate-confirmable tigation or study conducted jointly by two or more committees could be filed jointly press a more detailed context in which to officials are ‘‘preferred’’ for testing (except consider a witness’ testimony in terms of where impractical). In the case of the Execu- with the House. This in no way alters the re- quirement that each committee must act in- their education, experience, and the extent tive Office of the President, which includes to which they or the organizations being rep- the White House, all applicants for employ- dividually in compliance with House rules, including a majority quorum to approve the resented have benefited from Federal grants ment are pre-tested, and most employees are and contracts related to their appearance. It designated for periodic, random testing. report and the opportunity and time for fil- ing supplemental, minority, or additional is not the intention of this section, for in- Nothing in this section should be construed stance, to require individuals to disclose the as pre-determining or precluding what means views by members of each committee if re- quested at the time of the report’s approval. amounts of Federal entitlements they have of testing may be chosen by the House received, such as from Medicare or Social Se- (whether by hair sample or urine specimen). (c) An investigative or oversight report could be filed by a committee with the Clerk after curity or other income support payments or The standard of comparability with the Ex- individual benefits, or to require farmers to ecutive system refers only to the scope of the sine die adjournment of the last regular session of the Congress, and members would disclose amounts received in crop or com- persons to be tested. modity price support payments. Instead, the Section 4. Policy Direction and Oversight have seven calendar days in which to file disclosure requirement is designed to elicit of Chief Administrative Officers: This sec- their views to be included with the report if information from those who have received tion strikes the Speaker as one of two enti- timely notice is given of the intention to file Federal grants or contracts for the purpose ties providing policy direction and oversight views. ‘‘Timely notice’’ is the same as re- of providing the government or other indi- of the Chief Administrative Officer, thereby quired under existing House rules: the notice viduals or entities with specified goods, serv- leaving this responsibility exclusively with must be given at the time of approval of the ices, or information. While failure to comply the House Oversight Committee, as it now is report. Such authority to file in the past has fully with this requirement would not give with respect to other House officers. been secured by unanimous consent of the Section 5. Budget Jurisdiction Changes: House or special resolution. This will obviate rise to a point of order against the witness’ The jurisdiction of the Budget Committee is the need for special leave of the House for testifying, it could result in an objection to changed by striking ‘‘congressional budget filing a report when the House is not in ses- including the witness’ written testimony the process’’ and inserting in lieu, ‘‘budget proc- sion. Moreover, this extends to seven cal- hearing record in the absence of such disclo- ess.’’ The jurisdiction of the Government Re- endar days time for filing views in recogni- sure. form and Oversight Committee is changed by tion of the fact that it will probably take Section 11. Committees’ Sittings: The pro- striking ‘‘budget and accounting measures, longer for members of the committee to de- hibition on committees’ sitting while the generally,’’ and replacing it with ‘‘Govern- velop and submit their views if the Congress House is considering amendments under the ment management and accounting measures, had adjourned and they are away from their five-minute rule is repealed. This provision generally,’’ The intent of this is to give the Washington offices. (d) The final activity re- had originally been repealed at the begin- Budget Committee jurisdiction over the ports of committees may be filed after the ning of the 103rd Congress, but was re- President’s budget process as well as the adjournment sine die of the last regular ses- instituted with the adoption of House Rules congressional budget process, and thereby to sion of a Congress without approval of the at the beginning of the 104th Congress. Be- avoid duplication with the Government Re- committee, provided seven calendar days are cause the requirement was waived by the form and Oversight Committee in this area. allowed for the filing of views. The current House almost daily given the realities of This change will not alter Government Re- rule for activity reports is an anomaly in committee and House floor scheduling, it form and Oversight’s existing legislative ju- that it does not technically allow for filing was found to be impractical and impossible risdiction over such matters as government an unapproved reports. However, the prac- to enforce. This repeal should in no way be management and reorganization, the Office tice of filing such reports has long been rec- construed as authorizing committees to sit of Management and Budget’s management, ognized as a practical matter since such re- while the House is conducting a rollcall vote H14 CONGRESSIONAL RECORD — HOUSE January 7, 1997 with the limited, 15-minutes in which to re- to file views since a request made by any include a statement identifying all such as- spond. The current prohibition on commit- member protects the right of all members to sumptions. tees’ sitting while there is a joint, House- file views. Section 18. Appropriations Process Senate session or meeting would be retained. Section 15. Committee Reserve Fund: This Changes: This section makes two changes re- Section 12. Exceptions to Five-Minute Rule section authorizes the Committee on House garding the consideration of appropriations in Hearings: Committees would be given the Oversight to include with its biennial, pri- bills. First, it would make clear that the Ap- discretion, either by committee rule or mo- mary expense resolution for committees a propriations Committee could not report, tion, to provide an exception to the current ‘‘reserve fund’’ for unanticipated committee nor could an amendment be considered by 5-minute rule limitation on members’ ques- expenses. The actual allocation of any the House, that makes the availability of tioning of witnesses. The rule or motion money from the reserve fund would be sub- funds contingent upon the receipt or posses- could permit designated majority and minor- ject to approval by the House Oversight sion of information by the funding authority ity party members or staff to question wit- Committee. This is similar to a provision if such information is not required by exist- nesses for a period longer than their usual, 5- contained in the Senate’s biennial commit- ing law. This is designed to prohibit the con- minute entitlement. It is the clear intent of tee funding resolution. Since it is sometimes sideration of so-called ‘‘made known’’ provi- this rule that any such time be equally di- difficult to accurately project total expenses sions and amendments which in the past vided between the majority and minority for a two-year period given unexpected de- have been used as a technical loophole to cir- parties. In the case of member questioning, velopments and demands on a committee cumvent the prohibition on legislating in an not more than 30 minutes per party of such over the course of a Congress, this reserve appropriations measure. The second provi- extended questioning could be used for any fund is designed to be used in such extraor- sion would make clear that, once the final witness. A motion under this House rule dinary circumstances without the need for a lines of a bill have been read for amendment, would not be privileged for any member of a supplemental expense resolution. Commit- and it is in order to consider so-called limi- committee to offer. Instead, it would be at tees should not expect that this reserve fund tation amendments, other amendments the discretion of the chair to recognize a will be readily available for all committees could not be offered as a means of preempt- member to offer such a motion. While the to tap at any time. Instead, it is anticipated ing the right of the majority leader or a des- rule does not specifically limit staff ques- that it will be relatively limited in amount ignee to offer the privileged motion that the tioning to 30 minutes per side, it is not ex- for use only in extraordinary, emergency or Committee of the Whole rise and report the pected that committees would grant a longer high priority circumstances, and that any bill to the House. This simply makes clear period for staff questioning unless all com- proposals for its allocation will be carefully that the right granted to the majority leader mittee members present have first had an scrutinized and coordinated at the highest to offer the motion to rise and report during opportunity to question the witness. levels before it is put to a vote by the House the limitation amendment process has prece- Section 13. Repeal of Inflation Impact Oversight Committee. Other committee re- dence over any motion to amend. Statement Requirement; Establishment of quests beyond their initial, biennial budget Section 19. Clarifying Definition of Income Constitutional Authority Statement Re- authorization will still require a supple- Tax Rate Increase: This section clarifies the quirement: The current House Rule require- mental expense resolution to be approved by definition of ‘‘income tax rate increases’’ for ment that committee reports on public the House. the purposes of clauses 5(c) and (d) of House measures include a detailed, analytical Section 16. Corrections Calendar Changes: Rule XXI which require a three-fifths vote statement on whether the legislation would This section would make two changes in the on any amendment or bill containing such have an inflationary impact on prices and order of consideration of bills from the Cor- an increase, and prohibits the consideration costs in the operation of the national econ- rections Calendar. (See section 1 above for an of any amendment or bill containing a retro- omy, would be repealed. The provision would explanation of the Corrections Calendar and active income tax rate increase, respec- be replaced by a requirement that commit- changes made in the postponement of certain tively. A ‘‘federal income tax rate increase’’ tees include in their reports on public bills votes on Corrections bills.) First, it would no is any amendment to subsection (a), (b), (c), and joint resolutions a ‘‘constitutional au- longer be required that the Corrections Cal- (d), or (e) of section 1 (the individual income thority statement’’ citing the specific pow- endar be called immediately after the Pledge tax rates), to subsection (b) of section 11 (the ers granted to the Congress by the Constitu- of Allegiance on a Corrections Day (the sec- corporate income tax rates), or to subsection tion to enact the proposed law. It is expected ond and fourth Tuesdays of each month). It (b) of section 55 (the alternative minimum that committees will not rely only on the so- could be called at any time on a Corrections tax rates) of the Internal Revenue Code of called ‘‘elastic’’ or ‘‘necessary and proper’’ Day. Second, it would no longer be required 1986 which (1) imposes a new percentage as a clause and that they will not cite the pre- that bills on the Corrections Calendar be rate of tax and (2) thereby increases the amble to the Constitution as a specific power called in the numerical order in which they amount of tax imposed by any such section. granted to the Congress by the Constitution. appear on the Corrections Calendar. They Thus, paragraphs (c) and (d) of Rule XXI A point of order would not lie against consid- could be called in any order, so long as they clause 5 would apply only to specific amend- eration of a bill so long as the report on the have been on the Calendar for at least three ments to the explicitly stated income tax measure includes a ‘‘constitutional author- legislative days. The main purpose of these rate percentages of Internal Revenue Code ity statement’’ that cites specific powers in changes is to permit the Leadership, in sections 1(a), 1(b), 1(c), 1(d), 1(e), 11(b) and the Constitution granted to the Congress on working with committee chairmen, to have 55(b). The rules are not intended to apply to which the committee claims measure is the maximum flexibility possible in schedul- provisions in a bill, joint resolution, amend- based. A point of order would not lie on ing both Corrections bills and Suspension ment, or conference report merely because grounds that the authority statement is oth- bills on such days. those provisions increase revenues or effec- erwise inadequate, inaccurate, or constitu- Section 17. Dynamic Estimation of Effects tive tax rates. Rather, the rules are intended tionally unsound, since it is not within the of Major Tax Legislation: This section would to be an impediment to attempts to increase province of the Chair, by House precedent permit the House majority leader, after con- the existing income tax rates. The rules and practice, to rule on questions of con- sultation with the minority leader, to des- would not apply, for example, to modifica- stitutionality. ignate certain legislation as ‘‘major tax leg- tions to tax rate brackets (including those Section 14. Filing of Reports After Time islation.’’ It is anticipated that the designa- contained in the specified subsections), filing for Views: The current three-day time-frame tion would be in the form of a publicly-re- status, deductions, exclusions, exemptions, for filing views on committee reports would leased letter from the majority leader to the credits, or similar aspects of the Federal in- be reduced to two days after the day on chairman of the Ways and Means Committee. come tax system and mere extensions of an which the measure or matter is ordered re- The designation in turn would authorize the expiring or expired income tax provision. In ported. Moreover, committees would have Committee on Ways and Means to include in addition, to be subject to the rule, the the automatic right to file their reports with its report on the legislation a dynamic esti- amendment to Internal Revenue Code sec- the Clerk up to one-hour after the expiration mate of changes in Federal revenues ex- tion 1(a), 1(b), 1(c), 1(d), 1(e), 11(b), or 55(b) of this time period, provided that a request pected to result from enactment. The Joint must increase the amount of tax imposed by had been made to file views. Two things Committee on Taxation shall only provide the section. Accordingly, a modification to should be noted: first, the right for late fil- such an estimate to the Ways and Means the income tax rate percentages in those sec- ing of a report is not automatic if no oppor- Committee in response to a timely request tions that results in a reduction in the tunity to file views has been requested; and, from its chairman (after consultation with amount of tax imposed would not be subject second, the rule requires that committees the ranking minority member). Such esti- to the rule. ‘‘arrange’’ with the Clerk for late filing when mates shall be for informational purposes Section 20. Unfunded Mandate Clarifica- views have been requested. They should not only. This means that in no way are they to tion: This section clarifies that the right to expect that the Clerk’s office will be open be depended upon or looked to for purposes offer a motion to strike an unfunded man- late every night to receive filed reports. Fi- of enforcement or scorekeeping under the date provision from a bill, unless precluded nally, committees may file sooner than the terms of the Congressional Budget Act. ‘‘Dy- by special order of the House, applies to un- expiration of the second day if they know namic estimate’’ is defined as meaning a pro- funded Federal intergovernmental mandates that all views have been received. They jection based in any part on assumptions that exceed the threshold contained in sec- should therefore advise committee members concerning the probable effects of macro- tion 424(a)(1) of the Budget Act. The clause to notify them by a time certain (preferably economic feedback resulting from the enact- being amended (clause 5(c) of rule XXIII) later on the day of approval) if they intend ment of the legislation. The estimate shall merely referenced the applicable section of January 7, 1997 CONGRESSIONAL RECORD — HOUSE H15 the Budget Act and did not make clear that shall include days on which the House is in tion 1(a), 1(b), 1(c), 1(d), 1(e), 11(b), or 55(b) its reference is to intergovernmental man- session (including any Saturday, Sunday, or must increase the amount of tax imposed by dates as opposed to private section man- legal holiday), thereby conforming it to the the section. Accordingly, a modification to dates. language that applies to the layover period the income tax rate percentages in those sec- Section 21. Discharge Petition Clarifica- for other committee reports. tions that results in a reduction in the tion: This section makes clear the original (f) This subsection corrects the spelling of amount of tax imposed would not be subject intent of permitting discharge petitions on the word ‘‘endorsed’’ in clause 4(a) of rule to the rule. resolutions from the Rules Committee was XXIII. These rules are designed as a barrier to at- for the purpose of a resolution making in (g) This subsection would amend clause 6 tempts to increase the existing income tax order the consideration of a single measure of rule XXIII to ensure that certain rights of rates. Had the House rules included sub- that has been introduced for at least 30 legis- Members to offer amendments in the Com- sections (c) and (d) since 1989, they would lative days (and not multiple measures), and mittee of the Whole if they have been pre- have applied to the creation of the 36% and that such a resolution may only make in printed in the Congressional Record would 39.6% income tax rates and 26% and 28% al- order germane amendments to such a meas- apply to unreported as well as reported bills. ternative minimum tax rates in the Omnibus ure. Without this clarification, the intent of (h) This subsection amends clause 4 of rule Budget Reconciliation Act of 1993. They allowing discharge petitions on resolutions XLIII (Code of Official Conduct) in two ways: would also have applied to the proposed cre- from the Rules Committee could completely first, by changing the word ‘‘excepted’’ to ation of a 36% income tax rate in H.R. 4210, distort the purposes of the discharge rule by ‘‘except,’’ and secondly, by changing the ref- as passed by the Congress in 1992 and vetoed making in order completely unrelated mat- erence to the ‘‘Gift Rule’’ from rule LII to by President Bush. Subsection (c) would ters. Members should be fully aware when rule LI (see section 22 above). have applied as well to the creation of the signing a discharge petition that it is being (i) This subsection would replace the term 31% income tax rate and 24% alternative confined to the subject matter of the bill ‘‘by House’’ to ‘‘by the House’’ in clause 13 of minimum tax rate in the Omnibus Budget being made in order for consideration by the rule XLIII (Code of Official Conduct) Reconciliation Act of 1990. resolution they are being asked to discharge Sec. 25. Select Committee on Ethics: This I would appreciate your confirmation of from the Rules Committee. section would extend until January 21, 1997, this understanding. Thank you again for Sec. 22. Prohibiting the Distribution of the membership and authority of the Com- your and your staff’s ongoing assistance to Campaign Contributions in the Hall of the mittee on Standard of Official Conduct of the Committee on Ways and Means. With House: House Rule XXXII (‘‘Of Admission to the 104th Congress as a select committee of best personal regards, the Floor’’) would be amended by adding a the 105th Congress for the purpose of taking Sincerely, new clause 5 prohibiting the knowing dis- final action on its subcommittee report on BILL ARCHER, tribution of campaign contributions in the the conduct of Representative Gingrich. Any Chairman. Hall of the House or rooms leading thereto vacancies would be filled by the majority or by any Member, officer, employee or other minority leaders concerned. HOUSE RULES COMMITTEE person having floor privileges. The ‘‘rooms The provision is necessary since the Com- SOLOMON RELEASES COMPARATIVE LEGISLATIVE leading thereto’’ are commonly understood mittee of the 104th Congress officially ex- DATA FOR 103RD & 104TH CONGRESSES under the rule as being the majority and mi- pired at noon on January 3rd, 1997, and thus WASHINGTON, D.C.—Rules Committee nority cloakrooms and the Speaker’s Lobby. has no authority in the new Congress to Chairman Gerald B. Solomon (R–NY) today Section 23. Repeal of Obsolete Employment make any recommendations or report to the released comparative legislative data for the Practice Rule: House Rule LI, relating to House on the pending case. The new select 103rd and 104th Congresses that, in his words, House Employment Practices, is repealed as committee will be considered to have been ‘‘demonstrate that the new Republican Con- obsolete because it has been replaced by the created at noon on January 3rd to ensure gress has been both more open and more de- provisions of the Congressional Accountabil- continuity. liberative than the Democrat-controlled ity Act (Public Law 104–1). House Rule LII, 103rd Congress.’’ the Gift Rule, is consequently redesignated COMMITTEE ON WAYS AND MEANS, Solomon observed, ‘‘While we enacted as Rule LI. HOUSE OF REPRESENTATIVES, fewer laws than the previous Congress, most Section 24. Technical Amendments: This Washington, DC, January 6, 1997. objective observers agree that this has been section makes nine technical amendments to Hon. GERALD B.H. SOLOMON, the most productive Congress in at least a the Rules of the 104th Congress for purposes Chairman, Committee on Rules, House of Rep- generation. Obviously, the productivity of a of the Rules of the 105th Congress, as follows: resentatives, Washington, DC. Congress cannot and should not be measured (a) A recorded vote taken pursuant to DEAR MR. CHAIRMAN: I am writing to ex- by the number of laws enacted but rather by clause 5(a) of rule I shall be considered a vote press my understanding of the proposed their thrust and direction. The laws we en- by the yeas and nays. This in no way changes change to clause 5 (c) and (d) of Rule XXI of acted in the 104th Congress have set a dra- the existing threshold for demanding a re- the Rules of the House, regarding the defini- matic new course for the government. More- corded vote, but simply avoids a possible sec- tion of income tax rate increase. over, the data show that we spent more time ond vote on the same question if someone Specifically, subsections (c) and (d) of Rule considering legislation in the 104th Congress should demand the Yeas and Nays. XXI clause 5 are clarified by defining ‘‘Fed- under a more open and deliberative process.’’ (b) and (c) Two references to the ‘‘House eral income tax rate increase.’’ A ‘‘federal The data, compiled by the Rules Commit- Information Systems’’ are replaced by its re- income tax rate increase’’ is any amendment tee staff, show that the 104th Congress en- designated name, ‘‘House Information Re- to subsection (a), (b), (c), (d), or (e) of section acted 333 measures into law compared to 465 sources.’’ 1 (the individual income tax rates), to sub- in the 103rd Congress. However, when non- (d) This subsection clarifies the provisions section (b) of section 11 (the corporate in- substantive commemoratives enacted in the for closing investigative hearings if it is as- come tax rates), or to subsection (b) of sec- 103rd Congress (like ‘‘National Clown serted that any information to be disclosed tion 55 (the alternative minimum tax rates) Week’’), which were banned in the 104th Con- may tend to defame, degrade or incriminate of the Internal Revenue Code of 1986 which gress, are subtracted from total public laws, any person. Whereas a quorum for taking (1) imposes a new percentage as a rate of tax the number of substantive enactments is testimony (which may be as few as two of and (2) thereby increases the amount of tax much closer—384 laws in the 103rd Congress the members) is required to vote on closing imposed by any such section. compared to 333 in the 104th Congress. an investigative hearing for such purposes, Thus, subsections (c) and (d) of Rule XXI The more open process in the 104th Con- the current rule goes on to read that the clause 5 would apply only to specific amend- gress is borne out in the data compiled by hearing may only be kept open if a majority ments to the explicitly stated income tax the Rules Committee staff. While the House of members of the committee, a majority rate percentages of Internal Revenue Code passed 611 bills in the 104th Congress, using 4 being present, determine that it would not sections 1(a), 1(b), 1(c), 1(d), 1(e), 11(b) and hours of session per bill, in the 103rd Con- tend to defame, degrade or incriminate any 55(b). The rules are not intended to apply to gress the House passed 757 bills with 2.5 person. The proposed amendment strikes ‘‘a provisions in a bill, joint resolution, amend- hours of floor time per bill. majority of the members of,’’ leaving the ment, or conference report merely because Recorded votes per bill passed were also up subsection to read: ‘‘only if the committee, a those provisions increase revenues or effec- in the 104th Congress—with 2.2 votes per bill majority being present, determines that such tive tax rates. Rather, the rules are intended passed compared to 1.4 votes per bill passed evidence or testimony will not tend to de- to be an impediment to attempts to increase in the 103rd Congress. fame, degrade, or incriminate any person.’’ the existing income tax rates. The rules A further indication that the House was In short, this would restore the concept of would not apply, for example, to modifica- more deliberative in the 104th Congress is re- majority, rather than super-majority rule by tions to tax rate brackets (including those flected in the percentage of unreported requiring that a majority of those voting contained in the specified subsections), filing measures passed by the House. While 29% of (rather than a majority of the total member- status, deductions, exclusions, exemptions, the measures passed by the House in the ship of the committee), a majority being credits, or similar aspects of the Federal in- 104th Congress had not been reported by a present, are sufficient to keep the hearing come tax system and mere extensions of an committee, 39% of the measures passed in open. expiring or expired income tax provision. the 103rd Congress were never reported. (e) This subsection clarifies that the lay- In addition, to be subject to the rule, the Further enhancing House deliberations was over period for reports on budget resolutions amendment to Internal Revenue Code sec- the amendment process provided by special H16 CONGRESSIONAL RECORD — HOUSE January 7, 1997 rules reported from the Rules Committee. And Galloway concludes this discussion as on the rules resolution at 2 p.m. that day and Open or modified open rules for amendments follows: On three of these occasions 2 months to then proceed to consider amendments to in the 104th Congress comprised 57% of total or more elapsed before the amended code was the resolution by paragraph under the five- rules compared with 46% open or modified finally adopted, in striking contrast to the minute rule. There was no objection, and the open rules in the 103rd Congress. celerity with which the old rules have been House proceeded to consider amendments on According to Solomon, ‘‘The House was rushed through in recent times. (Id.) August 31, and September 1, 2, and 6. It is ap- able to produce its impressive track record Prior to 1880, rules revisions were reported parent from the Journal’s summary of of legislative accomplishments in the his- from the Select Committee on Rules (if one amendments that the entire body of House toric 104th Congress more because of, rather had been appointed for that Congress), and Rules was open to amendment, and not just than in spite of, the substantial streamlining these proposed changes were debated under the 14 changes recommended by the Rules and down-sizing in its structure, resources an open amendment process. Even after the Committee. On September 6, Rep. Burrows and operations at the beginning of the new Rules Committee became a standing com- (R–MI), the second-ranking minority mem- Congress.’’ The opening day House reforms mittee in 1880, this practice apparently con- ber of the 5-member Rules Committee, of- in the 104th Congress resulted in the reduc- tinued for well over a decade. However, nei- fered a final substitute to in effect adopt the tion of 3 committees and 32 subcommittees, ther the available histories of the House and Rules of the 51st Congress with one change. a reduction of 684 committee staff (¥34%), the Rules Committee or the precedents pin- The substitute was rejected, 65 to 149, and and a reduction in overall appropriations for point the exact Congress in which this prac- the House subsequently adopted the rules the House in the two-year cycle of $122.9 mil- tice was abandoned in favor of considering package as amended by voice vote. lion from the 103rd Congress. House Rules recommended by the majority The 54th Congress (1895–97): On December 2, Solomon concluded, ‘‘I think we have dem- party caucus under a closed amendment 1895, when Republicans had retake control of onstrated that the Republicans have been process. the House, the House adopted H. Res. 5, able to legislate and govern with common The first hint we get of a change is in A adopting the rules of the 51st Congress (the sense while at the same time setting an ex- History of the Committee on Rules, a 1983 last Republican Congress) as the rules of the ample for the rest of the government that Rules Committee print, in which it is noted 54th Congress, ‘‘until otherwise ordered.’’ On down-sizing and economizing on operations that, ‘‘The rules of the House were not sub- January 10, 1896, Rep. Henderson (R–IA), the can enhance rather than hinder the ability stantially altered between 1895 and 1910, second-ranking Republican on the Rules to provide more effective and efficient gov- when the rules were amended directly on the Committee, called-up the first of two reports ernment for the American taxpayer.’’ House floor to strip Speaker Cannon of his (Nos. 29, 120) reported by the Rules Commit- membership, chairmanship and appointment tee to amend House Rules, Henderson asked COMPARATIVE LEGISLATIVE DATA FOR THE HOUSE IN THE authority of the Rules Committee and the unanimous consent that, after consideration 103RD AND 104TH CONGRESSES committee was enlarged from 5 to 10 mem- of the proposed amendments was completed bers, elected by the House. (p. 81) for amendment, the House then proceeded to [Compiled by House Rules Committee Staff] A few pages later, in discussing the Demo- consider amendments to the rules, beginning crats’ retaking of the House and pounding 103rd Con- 104th Con- with Rule, I, Numerous amendments were Item gress gress the final nail in the coffin of ‘‘Czar Speak- considered on January 10th and 11th. On Jan- er,’’ by providing for the election of all com- uary 23rd, the House took up the second of Days in Session ...... 265 289 mittees by the House, the book notes that Hours in Session ...... 1,887 2,445 the Rules Committee reports (No. 120), con- Average Hours Per Day ...... 7.1 8.5 the rules resolution making that and other sidering of three additional amendments. It Total Public Measures Reported ...... 544 518 changes had been ‘‘agreed upon in the Cau- too was subject to numerous amendments, Total Public Measures Passed ...... 757 611 cus.’’ (p. 99) And the footnote to that obser- Reported Measures Passed ...... 462 437 one of the final of which was an amendment Unreported Measures Passed ...... 295 174 vation states the following: It was cus- by the minority to substitute the rules of the Unreported Measures as Percent of Total ...... 39% 29% tomary at this time for the majority party’s 53rd Congress (when the Democrats were last Total Public Laws Enacted ...... 465 333 candidate for the chairmanship of the Rules in control). It was rejected. Because the var- Commemorative Measures Enacted ...... 81 0 Commemoratives as Percent of Total Laws ..... 17% 0% Committee to introduce changes in the ious amendments recommended by the Rules Substantive Laws (Total Laws Minus Com- House rules, agreed upon by the Caucus. (Id.) Committee was considered and disposed of memoratives) ...... 384 333 But nowhere in any of the commentary of individually, as with the January 10th re- Total Roll Call Votes ...... 1,094 1,321 Galloway or the Rules Committee History Roll Call Votes Per Measure Passed ...... 1.4 2.2 port, there was no vote on final adoption. Congressional Record Pages ...... 22,575 24,495 covering the years between 1895 and 1911 is 55th Congress (1897–99): On March 15, 1897, Record Pages Per Measures Passed ...... 29.8 40.1 the origin of this custom identified. To bet- Rep. Henderson (R–IA), the second-ranking Session Hours Per Measure Passed ...... 2.5 4 ter pin this down, a search was made of the Open/Modified Open Rules ...... 46 (44%) 86 (57%) Republican on the Rules Committee, called- Structured/Modified Closed Rules ...... 49 (47%) 43 (28%) House Journals between the 53rd Congress up a resolution adopting the rules of the 54th Closed Rules ...... 9 (9%) 22 (15%) (1893–94) and the 60th Congress (1907–08). Congress as the rules of the 55th Congress Committees/Subcommittees ...... 23/118 20/86 Below is a running account of the adoption Committee Staff ...... 2,001 1,317 ‘‘until further notice.’’ The resolution was of House Rules at the beginning of each of debated but not opened to amendment. Rep. Appropriations for House (in millions) ...... $1,477,945 $1,355,025 those Congresses. Henderson moved the previous question, at The 53rd Congress (1893–95): On August 8, Note: The public measures referred to above are public bills and joint which point an attempt was made to offer an resolutions. Four reported public measures were defeated in each Congress; 1893, the House adopted a resolution author- amendment on grounds that the previous 78 reported public measures remained on the Calendars of the House at the izing the Speaker to appoint a Committee on question does not exist when the House is op- end of the 103rd Congress; 77 at the end of the 104th. Rules and the temporary adoption of House erating under general parliamentary law. Sources: ‘‘Resume of Congressional Activity,’’ Daily Digest, Congressional rules from the preceding Congress which Record; ‘‘Survey of Activities,’’ Committee on Rules; Congressional Research The Speaker overruled the point of order Service reports on ‘‘Committee Numbers, Sizes, Assignments and Staff,’’ and were referred to the Rules Committee for saying the previous question does exist ‘‘Legislative Branch Appropriations;’’ House Calendars. recommendations for any further changes in under general parliamentary law of the the new Congress. On August 29, 1892, Rep- ADOPTING HOUSE RULES FOR A NEW CON- House. The previous question was then resentative Catchings (D-Miss.), the second GRESS: THE TURN OF THE CENTURY TURN adopted, 182–154, and the resolution was sub- ranking majority member on the Rules Com- FROM OPEN, RULES COMMITTEE PROPOSALS sequently adopted by voice vote. That is no mittee (Speaker Crisp was the chairman), re- TO CLOSED, MAJORITY CAUCUS REC- indication of any subsequent Rules Commit- ported back a resolution making 14 rec- OMMENDATIONS tee action on reporting a further revision in ommended changes the rules of the previous the rules. (By Don Wolfensberger) Congress. Catchings offered a motion, by 56th Congress (1899–1901): On December 4, Introduction: George Galloway, in his His- unanimous consent, to proceed to consider 1899, Rep. John Dalzell (R–PA), the second- tory of the United States House of Rep- the rules resolution by paragraph for amend- ranking Republican on the Rules Committee resentatives, observes that, ‘‘the customary ment, with 5 minutes of debate allowed for (with Speaker Reed’s retirement, Rep. Hen- practice in post bellum days, when a new and against each amendment. He then moved derson had become the new Speaker and House met was to proceed under general par- the previous question on his resolution. Rep- chairman of the Rules Committee), called up liamentary law, often for several days, with resentative Thomas Brackett Reed (R–ME), a resolution adopting the rules of the 55th unlimited debate, until a satisfactory revi- the ranking Republican on the Rules Com- Congress as the rules of the 56th Congress. sion of former rules had been effected.’’ (p. mittee (and its former chairman and House This time the resolution carried no phrases 48) Speaker from 1889–91), made the point of (‘‘until otherwise ordered’’ or ‘‘until further Galloway goes on to cite examples of such order that is was not in order to move the notice) holding out the expectation of fur- extended debate on the rules for a new Con- previous question on the resolution. The ther recommendations from the Rules Com- gress, for instance, that after the revision of Speaker (Crisp) overruled the point of order mittee. The resolution was debated without the 1880 general rules (which included mak- saying the previous question was in order. amendments being entertained, after which ing the Rules Committee a permanent stand- Catchings nevertheless withdrew his order of Rep. Dalzell moved the previous question. ing committee of the House): ‘‘Two days business resolution and the House proceeded The previous question was adopted by voice were consumed at the beginning of the 48th to debate the resolution containing the rules vote, after which the resolution was adopted, Congress (1883), 4 days at the 49th (1885), 6 changes recommended by the Rules Commit- 178 to 159. days at the 51st (1889), 9 days at the 52d tee. 57th Congress (1901–03): On December 2, (1891), and 6 days at the opening of the 53rd On August 30th, Catchings propounded a 1901, Rep. Dalzell called up H. Res. 2, adopt- Congress (1893).’’ (Id.) unanimous consent request to close debate ing the rules of the 56th Congress as the January 7, 1997 CONGRESSIONAL RECORD — HOUSE H17 rules of the 57th Congress with four modi- Conclusions: While it appears from the I am afraid we have taken a tremen- fications: (1) carrying forward the special or- above study that the Rules Committee dis- dous step backward here today. There ders of 1900 regarding the consideration of continued its role of reporting revisions in is an ethical cloud hanging over this pension, claims and private bills: (2) convert- House Rules at the beginning of a Congress House that will only get darker in the ing a Select Committee on the Census into a after the 54th Congress (1895–97), and the standing committee; (3) creating a Select House thereafter began to simply adopt the days to come. We could have postponed Committee on Industrial Arts and Exhibi- rules of the new Congress on opening day today’s vote for Speaker, but the ma- tions; and (4) continuing a Select Committee under the hour-rule, with no amendments al- jority voted against it. Soon this trag- on Documents. After debate on the resolu- lowed, it was not until the 61st Congress that edy will move from the Halls of Con- tion, Rep. Dalzell moved the previous ques- any serious effort was made to defeat the gress to the court of public opinion. tion which was adopted, 180–143. Rep. Rich- previous to provide for the consideration of Sometime in the next few weeks, the ardson (D–TN) then offered a motion to com- substantial changes in the rules resolution mit the resolution to the Committee on nonpartisan outside counsel will offered by the majority. But even then, the present the facts to the American peo- Rules when it was appointed. The motion effort was a bipartisan one, forged between was rejected, 143 to 186. A demand was then the minority Democrats and the insurgent ple in an open public hearing. Finally made to divide the question on the resolu- Republicans, and it was defeated by a further the American people will be able to de- tion and both parts were adopted by voice bipartisan compromise offered by a few mi- cide for themselves who is right and vote. nority Democrats and the regular Repub- who is wrong. 58th Congress (1903–05): On November 9, licans. 1903, Rep. Dalzell, still the second ranking This case goes to the heart of our It was not until 1911, when ‘‘King Caucus’’ Republican on the Rules Committee (Rep. constitutional system. At issue is the emerged to replace ‘‘Czar Speaker,’’ that the Joe Cannon had been elected Speaker and ethical character of the man second in Caucus fully assumed the role of reporting thus chairman of the Rules Committee) of- line to the Presidency. These are seri- significant rules changes on opening day. fered H. Res. 1, adopting the rules of the 57th ous charges, and the Ethics Committee Congress as the rules of the 58th Congress to- And the precedent had already been set with the previous question fight of 1909 to use the must be allowed adequate time to spell gether with two modifications: (1) carrying out the truth. forward the special orders of 1900 on the con- attempted defeat of that procedural motion sideration of pension, claims and private to highlight the minority’s rules alternative In recent days some in the Repub- bills; and (2) converting the Select Commit- rules package. lican leadership have tried to force a tee on Industrial Arts and Exhibitions into a With that, Mr. Speaker, I reserve the rush to judgment, but today the out- standing committee. After debate, the pre- balance of my time. side counsel himself requested the vious question was ordered by voice vote and Mr. BONIOR. Mr. Speaker, I yield committee be given additional time to the resolution was adopted, 193 to 167. myself such time as I may consume. consider this case. Subsequently we 59th Congress (1905–1907): On December 4, Mr. Speaker, this is the 11th time I will be offering a motion today that 1905, Rep. Dalzell called up H. Res. 8 adopting the rules of the 58th Congress as the rules of have been sworn in as a Member of gives the Ethics Committee adequate the 59th Congress with one modification, car- Congress. To this day, I still get chills time to fully resolve this case. I urge rying forward the special orders of 1900 on when I approach the Capitol or if I my colleagues to support it. the consideration of pension and claims bills. move onto the floor of the House. We have heard a lot of talk about After debate, the previous question was or- Every single day we go to work in a freedom and democracy here today, but dered, 228 to 196, and the resolution was sub- Chamber where America pushed the sadly we moved away from those prin- sequently adopted by voice vote. frontier and rebuilt the Nation, they ciples in the last Congress. Instead of 60th Congress (1907–1909): On December 2, 1907, Rep. Dalzell called up H. Res. 28, adopt- put the GI bill through for college edu- open public hearings we saw closed- ing the rules of the 59th Congress as the cation, a place where we paid to land a door meetings. Instead of free speech rules of the 60th Congress. After debate, the man on the Moon. From the podium be- we saw closed rules that shut down de- previous question was ordered, 199 to 164, hind me Franklin Roosevelt spoke of a bate. Instead of freedom of expression after which the resolution was adopted, 198 day which will live in infamy, and from we saw one case after another when to 160. this Chamber democracy has given or- voices were shut down in this House. 61st Congress (1909–1911): Notwithstanding dinary men and women more rights Galloway’s claim that no significant rules We even saw the Government shut changes were adopted between 1895 and 1910, and more dignity than this world has down twice to force an opinion the facts indicate otherwise with respect to ever known. through. the opening day of the 61st Congress. The be- So, Mr. Speaker, this is a special But this rules package before us ginning of this Congress marked the opening place. All of us are privileged to serve today makes the problem worse, not round in the revolt against Speaker Cannon here. But with that privilege comes re- better. We cannot build a foundation of by Republican insurgents and the minority sponsibility, a responsibility to hold trust by giving House committees Democrats. On opening day of the 61st Con- this House and this Nation to the high- slush funds to conduct sham investiga- gress, March 16, 1909, when the usual resolu- tion adopting the rules of the previous Con- est possible standards. We are not de- tions, by rolling back minority rights, gress as the rules of the new Congress was of- fined simply by the laws we pass, but or by completely ignoring the other fered, the Republican insurgents joined with by the example we set. side. But that is what in many respects the Democratic minority to defeat the pre- If we want an America where laws this rules package does. It is shameful vious question in order to offer their own are respected, where the rights of the and it is wrong. Let us turn good words substitute rules package offered by Minority minority are protected, and where the into good deeds. Let us work together Leader Champ Clark (D–MO). The Clark sub- voices of all are heard, we have got to on something that really matters. stitute would have limited the powers of the have a House that respects the law, We all know that the current cam- Speaker to appoint committees and also would have enlarged the Rules Committee. that protects the minority and allows paign finance system is completely un- Clark immediately moved the previous ques- those voices to be heard; because, Mr. dermining our democracy. We believe tion on his substitute. But Cannon, antici- Speaker, every time we look the other it is time to get money out of politics pating this action, had conspired with a jun- way when somebody breaks the rules, and return power to the people. That is ior Democrat, Rep. John Fitzgerald of New we just do not damage the integrity of why, Mr. Speaker, I urge my colleagues York, who protested being gagged and urged this House, we send a message to every to vote no on the previous question. defeat of the previous question on the Clark child in Michigan, in California, in If the previous question is defeated, substitute so that he could offer his own we will offer a Democratic reform amendments to the rules. Fitzgerald pre- Georgia, that lying pays, that cheating vailed by defeating the previous question, 180 works, that wrongdoing goes package that strikes seven sections in to 203. He then offered his amendments that unpunished. Sometimes saying we are the proposed Republican House rules then provided for a new, unanimous consent sorry just is not enough. package. It requires that sufficient calendar, strengthened the Calendar Wednes- We are here this afternoon to decide time be provided for the Ethics Com- day rule, and permitted the motion to re- the rules of this House, but the rules mittee to complete its investigation of commit to be offered by the opponents to a have no meaning if they are ignored the Speaker’s pending ethics violation measure (previously the right to recommit and betrayed. If we want an America and it requires the House to consider was exercised by the bill’s manager), and prohibited the Rules Committee from issuing that rewards virtue and punishes substantive campaign finance legisla- a rule denying this right. The Fitzgerald sub- wrongdoing, we need to have a Con- tion within the next 100 days. stitute was adopted when 23 Democrats gress that rewards virtue and punishes Mr. Speaker, I include for the joined with him and the regular Republicans. wrongdoing. RECORD the text of the amendment. H18 CONGRESSIONAL RECORD — HOUSE January 7, 1997 The motion to commit referred to is tee jeopardizes our work. Let me quote, me, I do not understand how this House as follows: if I might, from Mr. Cole, our special can deny the ethics committee the MOTION TO COMMIT counsel, a person who is far more ob- time that it needs in order to complete Mr. lllll moves to commit the resolu- jective than, I would say, anyone else this work. I urge my colleagues to sup- tion H. Res. ll to a select committee com- in this Chamber: port the motion to commit. prised of the Majority Leader and the Minor- In analyzing the time necessary for a sanc- Mr. SOLOMON. Mr. Speaker, I yield 4 ity Leader with instructions to report back tion hearing and a vote on the House floor, I minutes and 30 seconds to the gentle- the same to the House forthwith with only have recommended a schedule that will woman from Connecticut [Mrs. JOHN- the following amendments: allow this to be accomplished in a fair and SON], distinguished chair of the Com- In section 25, after ‘‘standing Committee orderly fashion. In doing that, however, it mittee on Standards of Official Con- on Standards of Official Conduct in the One will be necessary for the vote on the House duct, someone who has done yeoman Hundred and Fourth Congress’’ insert the floor to occur after January 21, 1997. Each following ‘‘and related matters brought forth member of the subcommittee has carefully work that we are all so proud of in this by the Investigative Subcommittee’’. considered the recommended schedule and body. In the last sentence of section 25, strike ‘‘, agrees it is the best course in which to pro- Mrs. JOHNSON of Connecticut. Mr. or at the expiration of January 21, 1997, ceed. This schedule has been communicated Speaker, I rise in strong support of the whichever is earlier’’. to leaderships of both parties and unani- rules package, and I regret that we Again, Mr. Speaker, I urge my col- mously recommended by the subcommittee must discuss this on the floor of the leagues to vote no on the previous and the special counsel that it be adopted. House. But it is because the Ethics question. Then I urge my colleagues to If we keep this time limit in, let me Committee has two responsibilities. support the request of the outside just explain some of the problems we One is to the completion of the work counsel and support the motion to are going to run into. We do not have before it, and the other is to the Mem- make sure the Ethics Committee is not adequate time to prepare for the public bers of the House. railroaded, is not pressured, and has sanction hearing. In the last several I would just like to comment on this the time to spell out the truth. days and weeks we have been totally issue of timetable. Between Christmas Mr. Speaker, I yield 5 minutes to the consumed, because of what has hap- and New Year’s the subcommittee gentleman from Maryland [Mr. CARDIN, pened out there, with partisan attacks members and the counsel and the full the distinguished ranking member of by both Democrats and Republicans. committee members spent many, many the subcommittee of the Committee on We have tried to keep this on a biparti- hours discussing this issue on the Standards of Official Conduct. san basis. Give us the time to complete phone. We spent 3 days specifically ne- Mr. CARDIN. Mr. Speaker, I thank it in a bipartisan fashion. gotiating a time schedule that then my friend, the gentleman from Michi- b 1515 was issued under my name, the name of gan, for yielding me this time. my ranking member and of our coun- Mr. Speaker, I rise as the ranking It forecloses certain options that the sel. It was bipartisan, supported by member of the executive subcommittee full committee may need to do. Now, Democrats and Republicans and the that is charged with the investigation let me tell you, we know more, the four special counsel alike, and it was a of the gentleman from Georgia [Mr. of us, than any of the other Members of good-faith effort. GINGRICH]. Our subcommittee has the House as to what is involved in this At the time we were negotiating it, I worked in a professional, bipartisan investigation. It may be necessary for wanted desperately to have the hear- manner. We are proud of the product us to call additional witnesses. The ings before today’s opening, and I felt that we have brought forward to the schedule makes it impossible for us it was possible. I also have great re- full Ethics Committee and to this even to consider that. It is wrong for spect for the other members of the House. We want to make sure that the the full House to deny the ethics com- committee and particularly for the process continues in a professional, bi- mittee those options. It is wrong for members of the subcommittee and partisan manner. the full House to say that we cannot yielded to their desire not to try to do On behalf of all four members of the have adequate time to prepare our re- it before the 9th. Our early discussions, committee, two Democrats and two Re- port so you know what you are doing since they involved also extending the publicans, we are disappointed by one when we vote. membership on this committee of a provision in the rules package that I want to thank the Democratic lead- number of Members who had an- puts a limit on the remaining time in ership because they are going to give nounced they were not going to serve, which we can work, which is unrealis- us a motion to commit that will give focused on the date of January 14. We tic. The special counsel has told us us a chance to return to a bipartisan knew that was tight, but that was our that that limit could very much im- understanding on bringing this matter focus as a result of my interest. pact the manner in which we carry out to a successful conclusion. I will urge When I learned that the leadership our work and prevent us from continu- my colleagues to vote ‘‘yes’’ on that was comfortable with the 21st, we all ing in a professional, bipartisan man- motion to commit. The only change, agreed on the 21st. I reluctantly, and ner. the only change is to remove that Jan- some others reluctantly, but at that I want to stress the point: We come uary 21 deadline so that we have ade- time we all said, this gives us ample as two Democrats and two Repub- quate time in order to do our work in time; and so we gave the House notice. licans, in a bipartisan manner, and ask a bipartisan basis. Members made their plans, and we is- the Members to change one provision Let me just tell my colleagues one sued the schedule. in the rules package. other thing: Some people say, why Now, there is concern at this time I am very disappointed. A month ago could we not get it done earlier, why about two things, one is the ability and the gentleman from Florida [Mr. have we not done things quicker. Spe- the right of the subcommittee to pre- GOSS], and myself met with the gen- cial counsel has also referred to that in pare itself for the hearings. I have tleman from Texas, [Mr. ARMEY] and his report where he is very clear about talked at length with the special coun- the gentleman from Missouri [Mr. GEP- the work of the four members of our sel, and that problem can be dealt HARDT,] in an effort to avoid this day, subcommittee. We have worked every with. We are going to be able to give when we are on the floor without a rule day on this issue. We have met with the subcommittee and the special on which we are in agreement in carry- Members. We have talked among our- counsel time, the time they request be- ing out the work of our committee. We selves. And we have worked in what we fore the hearings. It does leave us a lit- recognized at that time that there may think is the best interests of this tle pressed in terms of writing the re- be a need for us to continue our work House. port. into the new Congress. We were assured We think that we deserve the respect During our discussions, it was never that we would have bipartisan coopera- of this House to give us the time that brought up that we might need 6 days tion. Unfortunately, that broke down we say that we need. This is not com- to write the report. I regret that. I do today. I regret that. ing from the two Democrats, this is understand that. This is not a matter We understand that putting January coming from the two Democrats and of malice. This is a matter, this is the 21 as the deadline for our subcommit- the two Republicans. For the life of kind of thing that sometimes happens. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H19 But it does give us some significant sion for the American public; how committee, with the advice and the as- time to write that report, and in fact many days that takes, no one knows. sistance of the special counsel, had much of that report is already written. And then there will be a couple of days come to a conclusion of the case and I understand it has to be brought to- or a day or however long to discuss was willing to put a result before the gether, different umbrella language, what the sanctions should be. Then a Speaker, I concluded in my mind, they and so on and so forth, but I believe the report must be written, and it must lay must have concluded their work. They report can be issued. I commit to the on the desk for 3 days before we vote must have heard all they needed to Members that as soon as the hearings on the 20th. hear, had all the witnesses they needed are complete, which I think will be at That means from the 13th to the 20th, to hear from, considered all the docu- least a week before the vote, once you have 8 days. If you are going to ments and the reports. Why would I those hearings are complete, I will have hearings and people able to think, conclude that they would have done commit to every Member of this body you are not going to have 3 days for it anything less than the full and com- that they can call the ethics commit- to lay on the desk so that the Members plete evaluation of the material needed tee and we will provide the transcripts of this House can read and know what to have come to a conclusion and put a of the two counsels’ full statement. they are voting on. bill of alleged violations before the They will have plenty of time to read I suspect there will be an effort to Speaker? and understand the basis on which the waiver that rule when we come back I then later subsequently understood allegations were brought forward. That here or some way to get around it so that the Speaker had accepted the con- will mean that they will only need to that people do not have the time to ac- clusions. There must be technical lan- read and understand the package of tually look at it. guage. I am sorry I cannot say what sanctions offered by the committee and Now, it is in my view very sad, it has that is. But in any event, that there that is a much smaller body of reading. been said, that what has been a very was some chance that the full commit- I believe because we will honor the 3- professional job is now being forced tee might be able to operate and con- day layover that they will have the into a schedule which is designed for clude their work even before this day. time they need and we will have the political damage control. Demanding And then I was informed, and this is an opportunity to vote knowingly after an that that vote occur on inauguration important point, that one of the rea- orderly process by sticking to the addi- day, we are going to come in here at sons it was impossible for the full com- tional timetable. I do appreciate the 9:00 in the morning, called to order. mittee to do that was that the ranking pressure this puts on the counsel and This issue will be laid before the House. member, the gentleman from Washing- his staff in terms of writing the report. We will have an hour’s discussion or ton [Mr. MCDermott], was in Europe on We discussed that even 2 days after whatever. We will vote on it and go vacation with his family and that he Christmas. A lot of writing has been in around the building and inaugurate the felt, and justly so, that those plans progress, a lot of writing has been President. That is not an orderly, that he and his family made ought to thoughtful process. People will arrive done. We will work together as we al- be respected in the scheduling of time. here on Monday and with no reading of ways have and, if we feel we face, at Mr. CARDIN. Mr. Speaker, will the this, it will have been 3 days, Saturday, the end, an insurmountable barrier, we gentleman yield? Sunday, Monday; and they will be ex- Mr. ARMEY. I yield to the gentleman will try to deal with that, too. But in pected to vote on it out here in a sen- from Maryland. fairness to the Members of the House sible way. That is not orderly. It is not Mr. CARDIN. Mr. Speaker, I thank and the schedules they have laid and to a good process. the gentleman for yielding to me. our responsibility to conclude this Now, you can only guess why they I just wanted to correct the record on matter, I urge support of the rules wanted that. The House deserves better that because the subcommittee was in package today. than this. After 2 years of an incredibly constant contact with the ranking Mr. BONIOR. Mr. Speaker, I yield 3 slow process, the House can take a few member and chairman since December minutes and 30 seconds to the gen- extra days to do the job right. I urge 21 to deal with the schedule, and at no tleman from Washington, [Mr. the Members to support this motion to time was there any delay caused be- MCDERMOTT], distinguished ranking commit this back and have an orderly cause of someone being out of town. member of the Committee on Stand- process date set in it. Mr. Cole, in his public statement ards of Official Conduct. Mr. SOLOMON. Mr. Speaker, I yield today, has reaffirmed the position that Mr. MCDERMOTT. Mr. Speaker, I such time as he may consume to the there has been absolutely no delay in rise today to offer an amendment, a gentleman from Texas [Mr. ARMEY], this case and in fact every day our motion to commit because I believe the majority leader. committee met on conference calls. committee must have an orderly proc- Mr. ARMEY. Mr. Speaker, I would Mr. ARMEY. Mr. Speaker, forgive ess, one that is fair and allows suffi- like to address this issue not as a mem- me, I did not mean for the gentleman cient time for both the Members and ber of the committee, the ethics com- to think that I am being accusatory. I the American people to understand the mittee, not even as a Member who am only going by what I read in the pa- importance of these proceedings. Spe- deigns to presume that he knows what pers. Of course, we all realize that the cial counsel, as you heard from my col- is going on in the ethics committee newspapers are not always reliable. league from Maryland, has proposed to with respect to this case, in fact, as a But I believe I read that the gentleman the subcommittee, which by unani- Member who has purposely kept him- from Washington [Mr. MCDermott] had mous vote has accepted and supported self as uninformed as is possible out of been reported in the papers as saying, I the counsel’s recommendation, for a respect for the committee, its jurisdic- do not want to interrupt my vacation. process that will allow the House and tional rights and its obligations for I do not want to quarrel with the this process to go in an orderly and fair confidence, but as a Member that has gentleman about that. I just want to way. said on this floor on several occasions say that, as I had that understanding, I am sure that, if the chair of the and in public on several occasions, the perhaps imperfectly so, I felt, yes, the committee were to bring this motion committee must be respected for its Member who works and toils long and to the committee, there would be a ma- professionalism, for its ability, and for hard and finally has an opportunity to jority of the committee that would its objectivity. We are lost if we cannot fulfill the obligation and the commit- support this proposed schedule because find a way to do that with the commit- ment and the opportunity they had to the counsel has been fair, evenhanded, tee. We have no place to put our con- vacation with their family should have and has done a very professional job fidence in the search for justice and respect in the process. I will return to and we respect his work. fair evaluation. that point later. Yet for some reason the Republican Indeed, the special counsel is a per- b leadership seems bent on forcing this son whom I have acknowledged must 1530 process to be concluded by inaugura- be a person of ability, competence, and Now, again, if the gentleman will let tion day. What is proposed is that this objectivity. me complete my statement, I do not will, this process will begin on the 13th, Now, then, when I learned on Decem- wish to quarrel about this. I wish to with hearings in the House in open ses- ber 21 that the committee, the sub- clarify a few points. H20 CONGRESSIONAL RECORD — HOUSE January 7, 1997 Then I understood that the commit- to all the staff of this Congress. And I derly process of the Committee on tee, even long-distance phone calls and had made specific commitments on my Standards of Official Conduct. conference calls and so forth, came to own word to two people in particular, Mr. SOLOMON. Mr. Speaker, I re- some negotiations regarding a time- in order to obtain their service on the serve the balance of my time. table that would require this part of committee through the agreed-upon Mr. BONIOR. I would ask the Speak- the rules package that is before us times suggested to me by the commit- er to let us know how much time is today, the existence of a select com- tee itself, that they would not have to available to each side. mittee that reinstates the life of the do this service beyond the 21st. The SPEAKER pro tempore (Mr. Committee on Standards of Official I have not set dates arbitrarily. I LAHOOD). The gentleman from Michi- Conduct as we have known it, with ju- have no agenda here except an orderly, gan [Mr. BONIOR] has 14 minutes re- risdiction over this case as its contin- respectful addressing of the needs of all maining, the gentleman from New ues into this Congress. This is what we the Members of the House, within the York Mr. [SOLOMON] has 5 minutes re- have done. context of what I believe to be the con- maining, and the gentleman from I was sitting at home with my wife clusion that any reasonable person Michigan [Mr. BONIOR] is recognized. looking at different colors of green and would have made about the competent Mr. BONIOR. Mr. Speaker, I yield 3 finally trying to come to the conclu- ability of professionals thus respected minutes to the distinguished gen- sion of which drapes I would in fact to have suggested properly and with tleman from Ohio [Mr. SAWYER]. perhaps get hung when my fax an- some degree of full necessity and accu- (Mr. SAWYER asked and was given nounced a message. The message I re- racy what they thought were their permission to revise and extend his re- ceived over my fax as I too struggled to time needs. marks.) have some time, in conformity with So if the time that my colleagues re- Mr. SAWYER. Mr. Speaker, I know the announced schedule of the House, quested and announced in their an- that the goal that all of us share is to to tend to my life, says the chair- nouncement is now not acceptable to do justice, and over the last 8 months woman and the ranking member of the them, I find a very difficult problem an extraordinary thing has happened. committee, along with Special Counsel understanding then why I should then A bipartisan subcommittee of the Com- Cole, announced the following sched- therefore continue to hold to my mittee on Standards of Official Con- ule. clinging belief that they are profes- duct has come together and acted in a They had come to a conclusion. sional, competent, able people that can careful, deliberate and responsible way These people that I believed to be able, assess what their needs are and make a to come forward with a finding that competent, professional, objective, fair request of them. produced two miracles: It was both people, thorough in their proceedings, Mr. BONIOR. Mr. Speaker, I yield 2 unanimous and it operated within the who had sat down and talked among minutes to the gentleman from Wash- confidentiality that meets the highest themselves in what I assumed would be ington, [Mr. MCDERMOTT] the distin- standards that this House could expect. in full cognizance of what was required guished ranking member of the com- It took 8 months to do that; 8 months in time and effort to complete their mittee. of careful work. Does the full commit- work, announced a schedule. Came over Mr. MCDERMOTT. Mr. Speaker, with tee and, if needed, the full House, re- my fax. all due respect to the majority leader, quire 8 months to do that? I do not be- And then as I responded to that sometimes things change. We made lieve so. Does it require 8 weeks to do schedule and examined what would that decision on the best information that? I do not think so. But can that need be done now by the body as a available to us. None of us, not a single same measure, that same quality of whole and all the Members scattered person said they would not come back work be done in 8 days, from the 13th all over the country dealing with their if it made sense, but the bipartisan to the 21st? I do not think so, and we commitments, I said I must see about subcommittee said it could not be should not plan on it. scheduling floor action, completing the done. So that is why we set the time- I have seen the room that is the re- work and scheduling floor action. table we did. pository of the work of this sub- I had at least one phone call from a Within the last 3 days, I received, in committee. It is filled with shelf after member of the committee in which it December, a letter from the Speaker’s shelf of indexed, loose-leaf notebooks was suggested to me that perhaps we attorney saying, ‘‘We want an expe- that represent the work, the docu- could do this by the 14th of January. dited hearing. We are ready to go. We ments and the testimony that they The committee suggestion to me was want this thing to go just right now.’’ have poured over over those 8 months, perhaps by the 14th of January. And suddenly yesterday they call us and the packing crates, the dozens and I was the one who had said the 14th of and say they want us to delay this to dozens of packing crates, that rep- January would be disruptive to pre- begin on the 13th. resent even further work. existing, already undertaken travel Now, what happened between Decem- I have read the 22 pages of the state- plans of a large number of Members ber when they said they were ready to ment of alleged violations. I have read about which I knew, and would be in- go and then suddenly they say, yester- through several hundred pages of draft convenient to them. Could the commit- day they call Mr. Cole and say, ‘‘We are discussion documents that represent tee please go with the 21st instead of not ready to go. Do not have any hear- the work that the committee reported the 14th? When the committee said ings until the 13th. We need time to on, and I have looked through the hun- that we could do that, I assumed that prepare.’’ dreds of pages of selected primary doc- a committee of professional people, Now if the gentleman cannot respond uments that serve as the underpinnings with a special counsel capable and able to things changing, it seems to me he of those documents. of understanding what needs be done to is terribly rigid in setting a date. In I have read not only the selected ex- complete their work, who was given—if this place we find over and over again, amples of violations and sanctions that the gentleman will let me complete my we set a date, it may not work just the the Ethics staff has prepared, but I statement, I will complete. A person way we thought. I think that when we have read the full CRS analysis of the under those circumstances would say if have the subcommittee come together, summaries of violations deep into the these groups of professional people with the special counsel—if it was just last century and the way this Congress have said, yes, we agree to accept a Democrats begging for this, that would has handled them. Others not on the week later than that which we pro- be one thing, but we are talking about subcommittee but on the full commit- posed, what reason would I not have to two Republicans and two Democrats tee may have done as much, but I can conclude that they could do so? and the special counsel saying this is a suggest to my colleagues that no one Now, just last night, just last night, reasonable schedule. has done more, and I am not done. as we were preparing these rules, I was Now, for the gentleman not to re- But I have reached one clear conclu- asked to consider a different date, after spond to that in a positive way seems sion in this matter, and that is that to I had done what? I had announced the to me to suggest he has some other do justice to the work of the sub- schedule to the Members of this Con- agenda. I do not know what it is, but, committee, we cannot be rushed. To do gress, Republican and Democrat alike, clearly, it is not in preserving the or- justice, even more importantly, to the January 7, 1997 CONGRESSIONAL RECORD — HOUSE H21 respondent in this case, the man we If we embark on this course to check ran- to associate myself with those re- just elected Speaker, we cannot be domly all Congressional personnel for possible marks. rushed. And most importantly of all, to drug usage, it must be noted that the two First of all, one of the members of do justice to this House demands not most dangerous and destructive drugs in this the Committee on Standards of Official only a higher standard of ethical be- country are alcohol and nicotine. To not in- Conduct has decided to leave the com- havior but a higher standard of work in clude these in the efforts to do good, is incon- mittee, so it required the appointment rendering that justice. It cannot be sistentÐto say the least. of a new committee member who has to done in 8 days. It may not take 8 I have one question. If we have so little re- become familiarized with the facts in months, or it may not take 8 weeks, spect for our own privacy, our own liberty, and the case, because this is a facts-driven, but it cannot be done in 8 days. our own innocence, how can we be expected facts-based case. Mr. SOLOMON. Mr. Speaker, I yield to protect the liberties, the privacy and the in- And without going into any of the such time as he may consume to the nocence of our constituents for which we have material aspects of it or any of the sub- gentleman from Texas, Mr. RON PAUL, just sworn an oath to do? stance of this case, but only to process my former classmate from 1978. This legislation is well motivated, as is all and only to time, I thought I would (Mr. PAUL asked and was given per- economic welfare legislation. The good inten- never see the day when the chair of the mission to revise and extend his re- tions in solving social problemsÐwhen vio- Committee on Standards of Official marks.) lence is absentÐperversely uses government Conduct would come to the floor and Mr. PAUL. Mr. Speaker, I wish to ex- power, which inevitably hurts innocent people say that she would turn down the re- press my concern about some of the while rarely doing anything to prevent the an- quest of the special counsel to the com- rule changes. ticipated destructive behavior of a few. mittee for a couple more weeks to com- DRUG TESTING The only answer to solving problems like plete the work of the committee. I say We are now being asked to support rule this is to encourage purely voluntary testing that very regrettably. changes that will require random drug testing programs whereby each individual and mem- On our subcommittee, chaired by the of all members and staff. Drug usage in this ber makes the information available to those gentleman from Florida, Mr. PORTER country, both legal and illegal, is a major prob- who are worried about issues like this. GOSS, and with two Democrats and two lem and deserves serious attention. However, Mr. SOLOMON. Mr. Speaker, I yield Republicans, we have worked in a very the proposal to test randomly individuals as a such time as he may consume to the bipartisan fashion all along and con- method to cut down on drug usage is ill-ad- gentleman from Pennsylvania [Mr. tinue to in supporting the request of vised and should not be done without serious GEKAS]. the special counsel. thought. (Mr. GEKAS asked and was given I do not and never did think it was The real issue here is not drugs, but rather permission to revise and extend his re- appropriate to have a vote on this im- the issues of privacy, due process, probable marks.) portant matter on Inauguration Day. cause, and the fourth amendment. We are Mr. GEKAS. Mr. Speaker, I thank Do my colleagues think that vote is dealing with a constitutional issue of the ut- the gentleman for yielding me this going to take place without any de- most importance. It raises the question of time, and I ask that the RECORD reflect bate? That would not be right. whether or not we understand the overriding my support of the rules and particu- So I say to my colleagues in the principle of the 4th amendment. larly in its maintaining its prohibition House of Representatives, and I say A broader, but related question is whether of proxy voting. this with the highest regard for the dis- or not it's the Government's role to mold be- Mr. BONIOR. Mr. Speaker, I yield 31⁄2 tinguished majority leader, not im- havior any more than it's the Government's minutes to the distinguished gentle- pugning any of his motives in this or role to mold, regulate, tax, impede the volunta- woman from California [Ms. PELOSI]. anyone else on either side of the aisle, rism of economic contractoral arrangements. Ms. PELOSI. Mr. Speaker, I thank whatever we think about the resolu- No one advocates prior restraint to regulate the gentleman for yielding me this tion of the case, I think we must agree journalistic expression even though great harm time. I rise as a member of the special that if the special counsel says he has come over the centuries from the pro- investigative committee of the Ethics needs a couple more weeks, we must motion of authoritian ideas. Likewise, we do Subcommittee on this unfortunate case give him those weeks unless we can not advocate the regulation of political expres- that we are looking into, and I rise in prove why that should not happen. The sion and religious beliefs however bizarre and support of the motion to recommit. burden of proof is with those who potentially harmful they may seem. And yet There are many areas where I might would vote against the special counsel. we casually assume that it's the role of gov- have some disagreement with the rules ernment to regulate personal behavior to package, but I am very pleased that b 1545 make one act more responsibly. the Democratic leadership has given us A large number of us do not call for the reg- an opportunity to present the motion Mr. Speaker, I also want to make an- ulation or banning of guns because someone to recommit around the timetable. other point as to why more time is nec- might use a gun in an illegal fashion. We With all respect in the world for our essary. Because of a flurry of accusa- argue that it's the criminal that needs regu- colleagues, and that means every sin- tions and representations about the lated and refuse to call for diminishing the gle colleague in this House of Rep- confidential work of the subcommittee freedom of law-abiding citizens because some resentatives, I believe that we need to that came out, it required us to go individual might commit a crime with a gun. heed the request of the special counsel down another tangent to deal with Random drug testing is based on the same for an additional amount of time for a that, and it necessitated a statement assumption made by anti-gun proponents. Un- few reasons. by the special counsel that the reports reasonable effort at identifying the occasional First of all, and I say this without that were floating out there were inac- and improbable drug user should not replace questioning the motivation of anyone curate. respect to our privacy. Its not worth it. on either side of the aisle about why So in 1 week the special counsel has While some are more interested in regulat- the rules are in the package the way had to deem those rumors inaccurate ing economic transactions in order to make a they are, the simple fact is that the and come out with his own statement ``fairer'' society, others are more anxious to special counsel, and by unanimous vote asking for more time, in which he says regulate personal behavior to make a ``good'' of the subcommittee, two Democrats each member of the subcommittee has society. But both cling to the failed notion that and two Republicans, supporting the carefully considered this recommended governments, politicians, and bureaucrats timetable that the special counsel has schedule and agrees it is the best know that is best for everyone. If we casually put forth, are making this request. And course on which to proceed. allow our persons to be searched, why is it I believe that the burden is on those I urge my colleagues to vote for the less important that our conversations, our pa- who would deny the special counsel motion to commit. pers and our telephones not be monitored as that extended time. Mr. BONIOR. Mr. Speaker, I yield 11⁄2 well. Vital information regarding drugs might Why do we need more time? Several minutes to the gentleman from Massa- be obtained in this manner. We who champion things have happened that have not chusetts [Mr. MOAKLEY], the distin- the cause of limited government ought not be been addressed here yet, or forgive me guished ranking member of the Rules promoters of the revolving eye of big brother. if I have not heard them. I would like Committee. H22 CONGRESSIONAL RECORD — HOUSE January 7, 1997 (Mr. MOAKLEY asked and was given say, ‘‘We can’t do our job fairly and minority member of the Resources permission to revise and extend his re- thoroughly if we are rushed into doing Committee. marks and include extraneous mate- all this before January 21. Please give (Mr. MILLER of California asked and rial.) us the time to do our job fairly.’’ was given permission to revise and ex- Mr. MOAKLEY. Mr. Speaker, I thank And the Republican leadership, the tend his remarks.) the distinguished leader for the time. gentleman from Texas [Mr. ARMEY] Mr. MILLER of California. I thank Mr. Speaker, I had hoped to speak standing right here, says no, we are not the gentleman for yielding me this today about the Republican rules pack- going to give you the time to do your time, and I would just encourage my age as it pertains to the rules of the job the way the American people would colleagues to vote against the previous House. But unfortunately the rules want that job done and the way any question so that we would have an op- package has been changed very dra- American prosecutor would want to portunity in the rules of this House to matically and now addresses the issue have the opportunity to do that job. have a deadline set on the consider- of the ethics investigation of the I would say this rules package, just ation of campaign finance reform by Speaker. like the misconduct of Speaker GING- the House of Representatives. I believe, Mr. Speaker, that it helps RICH itself, is a discredit, a dishonor, Those who are new to the House of no one, neither Democrats nor Repub- and a disgrace to this House and it Representatives will soon see that usu- licans, for unresolved investigations to should be rejected. ally the party in power deals with cam- drag on and on. But I also believe that Mr. SOLOMON. Mr. Speaker, I yield paign finance reform through delay and we do have a responsibility to all the such time as he may consume to the dilatory tactics until we can get it at people who sent us here to make sure gentleman from Michigan [Mr. such a time that we pass it to the Sen- that absolutely every Member of Con- EHLERS]. ate in the last moments of the first ses- gress, no matter how powerful, abides (Mr. EHLERS asked and was given sion, and then it falls prey to a fili- by the rules of this House and that the permission to revise and extend his re- buster in the Senate, and then at some House rules are applied fairly and con- marks.) point the leader in the Senate will an- sistently to every one of us. Mr. EHLERS. I thank the chairman nounce that the Senate must get on Mr. Speaker, I have here a letter for yielding me this time. with the important business of the Na- from the nonpartisan independent Mr. Speaker, I simply want to state tion, and campaign finance reform will counsel for the Ethics Committee in that my comments are in connection have to be withdrawn from the cal- which he and the entire subcommittee with section 9 of the resolution dealing endar. That is why we do not get cam- ask for more time, ask for more time, with the proposal that each committee paign finance reform. Unfortunately, in this session of the to complete their investigation. But shall, to the maximum extent feasible, Congress, the 100th legislative day falls the rules package prevents them from make its publications available in an sometime late in September. If we deal having that time and in doing so, Mr. electronic form. I strongly support with campaign finance reform late in Speaker, further compromises the this. September, there will be no finance re- honor of this institution. Mr. Speaker, I rise to indicate my strong form and the argument will be made Mr. Speaker, I urge my colleagues to support for section 9 of the resolution, which that it certainly cannot take effect in oppose this rules package and to sup- adds the following sub-paragraph at the end of the next campaign, it will have to be 2 port the motion to commit. We must clause 2(e) of rule XI, as follows: years later. So we are talking about 4 give the ethics members and the inde- (4) Each Committee shall, to the maximum years from now to have campaign fi- pendent counsel enough time to finish extent feasible, make its publications avail- able in electronic form. nance reform. the job that they started. It is too important to the people of The SPEAKER pro tempore [Mr. I strongly support this addition to the rules, this country. The system we have now LAHOOD]. The gentleman from Michi- but also want to clarify how I interpret this. is a cesspool. It has got to be corrected. 1 gan [Mr. BONIOR] has 6 ⁄2 minutes re- I am committed to making all House docu- It permeates every decision made in maining, and the gentleman from New ments available over the Internet as rapidly as this body, it permeates every decision York [Mr. SOLOMON] has 5 minutes re- possible. There are still many technical prob- made in the executive branch, and it maining. lems involved, as well as political issues to be permeates every decision made in the 3 Mr. BONIOR. Mr. Speaker, I yield 1 ⁄4 dealt with. However, I believe that this state- Senate, and that has got to stop. It dic- minutes to the distinguished gen- ment is an excellent guiding principle, and I tates what we bring up, what we do not tleman from Texas [Mr. DOGGETT]. believe this proposed rule change should be bring up, amendments that are offered Mr. DOGGETT. Mr. Speaker, today interpreted as a means of achieving that ob- and amendments that are not offered. our Republican colleagues have told us jective. That has got to stop, and we have got and told America that NEWT GINGRICH In particular, I believe it absolutely essential to return the business of this country represents the most ethical person that that every document available in hard copy back to the people of this country. they could find to lead this House of also be made available on the Internet at the Mr. MOAKLEY. Mr. Speaker, I yield Representatives, and now by this rules same time or earlier than the hard copy is 11⁄2 minutes to the gentleman from Col- resolution they also tell America how available. The Congress owes the public at orado [Mr. SKAGGS], a member of the little confidence they have in their least that much and preferably more. Appropriations Committee. judgment. I furthermore hope that, through the years, Mr. SKAGGS. I thank the gentleman Once again the Republican leader- all House committees will develop the stand- for yielding me the time. ship, through this rules package, is ard practice of making many documents avail- Mr. Speaker, we should be concerned trying to pervert the ethics process, to able on the Internet which are currently not here today, as well, with the first afford special treatment to Speaker available, and that committees will continue to amendment’s guarantee of the rights of GINGRICH that he does not deserve. He make progress in that direction. all Americans to petition their govern- once said on the floor of this House From my activities in the computerization of ment. We ought to welcome their par- that the Speaker should be held to a the House, and in my service as a member of ticipation in our own committee work. higher standard of ethical conduct. the Committee on House Oversight, I will seek But what are we doing in these rules? Today we move in the opposite direc- to achieve these objectives, while recognizing We are creating a new and absurd bar- tion with this rules package, because the authority and responsibilities that each rier to public participation in House he is going to be assured a lesser stand- committee chairman has in dealing with busi- hearings by saying that any non- ard of conduct that would not be avail- ness before his or her committee. governmental witness testifying in able to any ordinary American citizen Thank you for the opportunity to make these committee will have to file, as a pre- anywhere in this country. comments. Once again, I wish to indicate my condition, a full report of all contracts, What is happening? The investigative strong support for this proposed rule change. subcontracts, grants, subgrants re- subcommittee, Republicans and Demo- I only wish it went further. ceived by that individual, his organiza- crats alike, and the special counsel, Mr. MOAKLEY. Mr. Speaker, I yield tion, or anyone he is representing. who was finally appointed after month 11⁄2 minutes to the gentleman from What in the world are we trying to do upon month of delay, come forward and California [Mr. MILLER], the ranking here? I think erect a barrier a la the January 7, 1997 CONGRESSIONAL RECORD — HOUSE H23 old Istook amendment to discourage time for committee deliberation. It is Mr. MOAKLEY. Mr. Speaker, I yield and intimidate citizens from around distinctly different in the amount of 45 seconds to the gentleman from Mis- the country in coming to talk to us time for preparation, and I felt that sissippi [Mr. TAYLOR]. about the public’s business. was a very important point, that the (Mr. TAYLOR of Mississippi asked What will this mean? What unwork- subcommittee has some request for and was given permission to revise and able prospect can we look forward to participating in presentation. extend his remarks.) under this crazy proposal? Well, the We can give you 41⁄2 of the 5 days you Mr. TAYLOR of Mississippi. Mr. head of the Farm Bureau, wanting to are requesting for preparation if we Speaker, in the very brief time I have, testify about agricultural policy, will meet this evening instead of tomorrow I regret that this package of rule have to disclose every Federal agricul- morning, so tomorrow morning will be changes has come down to debate on tural aid, grant, or contract received a better work space, either for Mr. just one of those changes. Overall it is by every member of the Farm Bureau. Cole, who needs a day to work by him- a pretty good rules change, but there is That is nuts. self, or for everyone. We can accommo- one that is grossly inadequate. The chairman of the board of regents date 41⁄2 of the 5 days. As we meet right now on the floor of of the University of New York, if he What we cannot accommodate is the the House of Representatives, the wishes to testify before a committee of report writing time. He had asked 2 Transportation Committee, of which I this House, will have to file as a pre- days to complete the report. We can ac- am a member, is meeting in the Ray- condition of that testimony a full re- commodate that. We cannot accommo- burn Building. I cannot be in two port of every contract, subcontract, date the 4 additional days that he had places at once. We should have a House grant, and subgrant received by any asked for members to review. Now, rule that prohibits the committees member of the faculty at any campus that means we have to work with him meeting while the House is in session. at any institution run by the regents of and be part of that review. We know Instead, you are offering a rules change the State of New York. what a lot of the material is about. that would remove the last prohibition Either this provision will be observed largely As to the concern of the gentle- against the committees meeting while in the breach, or only selectively (preferen- woman from California [Ms. PELOSI] the House is in session. That is a gross tially?) applied in which case we should reject about voting on Inauguration Day, this mistake. And because we have a mis- it. Or, it will actually be uniformly enforced to was slipped to the next day. That was take, I will vote against your package. originally the plan, but it has been Mr. Speaker, I would hope that the create a mountain of paper and a real impedi- moved, and members will stay over. gentleman from New York [Mr. SOLO- ment to public participation, in which case we But we simply, when I look at what MON] would be good enough to allow should reject it even more emphatically. we can accommodate, we can truly ac- What are we inflicting on ourselves the Members to vote on some of these commodate everything important be- in this provision of this rules package? changes individually, because overall it cause remember, your proposal only It is yet another reason, along with the is a good package and I would like to asked till the 25th, not the 21st, so we many others that have been suggested, help pass your package. But I cannot only had a 4-day problem. We can slip why it should be rejected. let the terrible wrong of one change 1 day. That brings it down to 3 days Mr. SOLOMON. Mr. Speaker, I yield make up for some of the good of the and so on and so forth. This is a man- myself 20 seconds just to respond. others. ageable problem. The gentleman is absolutely wrong. b The time for hearings and committee 1600 Farmers would not have to report any deliberations will be identical. Even Mr. MOAKLEY. Mr. Speaker, I yield of their subsidies. though I am going to oppose your mo- 45 seconds to the gentleman from Mas- Let me tell you who is interested in tion to commit, I am absolutely ready sachusetts [Mr. MEEHAN]. this: the Heritage Foundation, the Na- to honor the concerns that lay behind Mr. MEEHAN. Mr. Speaker, I rise tional Taxpayers Union, the Wall your proposal, and I regret that we today in support of the minority rules Street Journal; and, more than that, were unable to work it out beforehand. package, specifically the rule requiring the taxpayers of my district want to But my leadership felt, with, I think, prompt House action on campaign fi- know who is coming here testifying for some good reason, that they had made nance reform. As my colleagues know, more handouts, and they want to know a commitment to the members that we have heard a lot around here about where that money is coming from. they trusted our timetable, which was the 1996 campaign and how it proves They want them to be accountable. also supported by all the members and once and for all that our electoral sys- Mr. Speaker, I yield 3 minutes to the Mr. Cole, and it is just unfortunate but tem is out of control. But it is only the gentlewoman from Connecticut [Mrs. not irreconcilable, not irreparable and minority package, the Democratic JOHNSON], the distinguished chair- does not need to interfere with the rules package, that requires the House woman of the Ethics Committee. quality either of our deliberations or to deal with campaign finance reform. Mrs. JOHNSON of Connecticut. I our work. Today make no mistake about it. thank the chairman for yielding me Mr. CARDIN. Mr. Speaker, will the The minority plan being offered by the the time. gentlewoman yield? Democrats would require this House to Mr. Speaker, I have enormous respect Mrs. JOHNSON of Connecticut. I act on campaign finance reform be- for the members of the Ethics Commit- yield to the gentleman from Maryland. cause as we get down the road here tee who served on the subcommittee. I Mr. CARDIN. I thank the gentle- there are going to be efforts to get have great respect for the other mem- woman for yielding. around this one way or the other like bers of the Ethics Committee that have Let me just point out one thing. Al- that we had in the last session. worked hard together over 2 years, and though we requested about 30 days ago We have a chance right now to set I regret as deeply as you do that we are what the transition rule would look the record straight and debate cam- discussing this matter on the floor of like, we got our first draft of it yester- paign finance reform and require it. the House. It is unfortunate that it day morning. So we just got the transi- However, the majority has offered a came to us 10 minutes before the Re- tion rule yesterday morning. rules package that does not make that publicans were convening a very impor- The second point I would point out is requirement. tant conference that went on very late. that Mr. Cole and the subcommittee, Mr. MOAKLEY. Mr. Speaker, I yield By the time I finished discussing the they are very familiar with the volumi- myself the balance of my time. matter with my leadership, working on nous documents. We do not have The SPEAKER pro tempore (Mr. compliance, frankly, everyone was enough time to get a quality report to LAHOOD). The gentleman from Massa- gone. the House under this time schedule. chusetts [Mr. MOAKLEY] is recognized I have studied carefully your pro- Mrs. JOHNSON of Connecticut. The for 15 seconds. posal. I talked with Mr. Cole about it transition rule could not be worked out Mr. MOAKLEY. Mr. Speaker, I urge a extensively this morning. Your pro- until we were done, and so we are here. ‘‘no’’ vote on the previous question, posal is no different than the old time- I hope we will work well together to and I include for the RECORD the table in terms of the amount of time complete the work on this important amendment I would offer if the pre- for public hearing and the amount of case. vious question is defeated, as follows: H24 CONGRESSIONAL RECORD — HOUSE January 7, 1997 DEMOCRATIC REFORM PACKAGE TO BE OF- the 21st date and leaves an open end so tures takes time, and if they can limit the time, FERED IF THE PREVIOUS QUESTION IS DE- this committee can go on forever and they hope they can limit the debate. FEATED ever, and therefore I oppose this mo- It is truly shameful that a party which served AMENDMENT TO BE OFFERED TO H. RES. —— tion. in the minority for 40 years would be so quick (1) In section 8(a)(2), strike the proposed Mr. DREIER. Mr. Speaker, I thank to trample on one of the most important minor- new subparagraph (2) [providing that inves- my friend for his contribution and, Mr. ity rightsÐnamely, the right to express your tigative and oversight reports will be consid- Speaker, I rise in strong support of this views. ered as read under certain circumstances] rules package and strong support in Mr. GOSS. Mr. Speaker, I thank the gen- and redesignate accordingly, tleman, the distinguished chairman of our (2) Strike section 10 [placing information passage of the previous question. This is a very thoughtful package Rules Committee Mr. SOLOMON, for all his dili- burdens on certain public witnesses], gent work on behalf of the rules of this House. (3) Strike section 12 [making exceptions to that builds on what we did in the be- the five-minute rule in hearings], ginning of the 104th Congress. My col- I wish all of my colleagues a happy new year (4) Strike section 14 [reducing the time for league from Pennsylvania, Mr. GEKAS, and look forward to working with all of you for Members to file supplemental, minority, or stood up and praised the fact that we a productive session. additional views] did away with proxy voting. He appre- As Members know, this time 2 years ago (5) Strike section 15 [creating a slush fund ciated the fact that we reaffirmed our the new Republican majority brought forward a for committees] commitment, the elimination of proxy bold and comprehensive package of rules (6) Strike section 17 [permitting dynamic changes geared toward creating a more open, estimates in certain instances] voting, so Members would show up for work. We also have had Congress com- more responsive and more effective House. (7) Strike section 18 [making changes in With those landmark changes we began a the appropriations process] ply with laws imposed on every other (8) in the last sentence of section 25, strike American. These are the kinds of com- new era of management of this institutionÐ ‘‘, or at the expiration of January 21, 1997, monsense reforms that the American one that fostered greater deliberation and pub- whichever is earlier’’. people want us to have. lic accountability. Today we bring forth a sec- (9) At the end of the resolution, add the Now my colleagues on the other side ond installment, by design more moderate in following new section: of the aisle are trying with what they scope and targeted toward refining the major ‘‘SECTION lll. SUBSTANTIVE CAMPAIGN FI- would offer if they were to defeat the improvements we made in 1995. NANCE REFORM. previous question, they want to elimi- I was proud to have assisted in crafting this (a) The Committee on House Oversight is package, working with our chairman and my nate disclosure. They do not want wit- directed to report to the House not later colleague DAVID DREIER in holding unprece- nesses to provide information to com- than April 7, 1997, a bill to provide for sub- dented public hearings to solicit suggestions mittees when they come forward to stantive campaign finance reform. from our colleagues and outside witnesses. (b) Not later than ten calendar days after testify. If we defeat the previous ques- the Committee on House Oversight has re- Those four hearingsÐheld in the late summer tion, they would be able to make that and early fallÐgreatly assisted our efforts to ported a bill pursuant to subparagraph (a), in order and it would be wrong if they the Committee on Rules shall report a reso- design this targeted package of rules changes. were to proceed with that. It is my hope that this exercise becomes lution providing for the consideration of With that I would say also that I am such bill in the Committee of the Whole standard procedure. Mr. SOLOMON has already House on the State of the Union under an very pleased with another item in this described the details of this package, which all open amendment process. If the Committee package, Mr. Speaker, and that is the Members by now have had the opportunity to on House Oversight has not reported a bill as provision which calls for dynamic scor- scrutinize and review. I would just like to point required by the date specified in subpara- ing. Today I introduced H.R. 14 with out three specific changes that I think are par- graph (a), the Committee on Rules shall re- my colleagues the gentleman from Vir- ticularly important. The first is the incorpora- port not later than ten calendar days after ginia [Mr. MORAN], the gentleman from tion of dynamic scoringÐin effect providing of- such date a resolution providing for consid- Pennsylvania [Mr. ENGLISH], and the eration in the Committee of the Whole of the ficial recognition of what many of us have gentleman from Texas [Mr. HALL], a bi- first bill introduced in the 105th Congress known for some time: that legislation does af- providing for substantive campaign finance partisan package to take the top rate fect the way people act. It's about time we be- reform under an open amendment process. on capital gains from 28 percent down came more accurate and sophisticated in our (c) if the Committee on Rules has not re- to 14 percent to encourage economic budget scoring efforts and began attempting to ported a resolution pursuant to subpara- growth. This is a very important pack- remove some of the institutional bias towards graph (b) by the date specified, it shall be in age which will allow us to move ahead profligate spending. order for any Member, as a matter of highest with that, and with that I urge a ‘‘yes’’ Second, I am pleased that we were able to privilege, on any day thereafter, to move vote on the previous question. provide for the establishment of a suitable that the House resolve into the Committee Mr. DINGELL. Mr. Speaker, tucked away in of the Whole House on the State of the Union drug testing policy for this House. This is a for the consideration of the first bill intro- the package of rules changes being proposed matter on which the private sector and even duced in the 105th Congress providing for by the Republican majority is a reduction in the executive branch have moved while this substantive campaign finance reform, the the time permitted for the minority to file its House has lagged behind. It's time we brought bill shall be subject to two hours of general views on legislation reported by a committee. ourselves into line with the times and this debate to be equally divided between the pro- The change would reduce the number of days rules package paves the way for that to hap- ponents and opponents of the bill, and shall for filing these views from 3 days to 2 days. pen. Finally, we are continuing our important then be considered for amendment under the I find it ironic indeed that during the 40 efforts to modernize Congress and open the five-minute rule.’’. years of control by the Democratic Party, we legislative process to the sunshine of public Mr. Speaker, I yield back the balance never considered limiting this fundamental scrutiny by asking our committees, to the max- of my time. right of the minority to file views on legislation. imum extent feasible, to put their publications Mr. SOLOMON. Mr. Speaker, I yield Yet after just 2 years in control of the House, on the Internet. We are all committed to ex- the remainder of the time, 1 minute the Republicans now have found the granting panding public access to and understanding of and 45 seconds, to the gentleman from of 3 whole days to the minority to file its views the workings of this CongressÐand clearly Claremont, CA [Mr. DREIER], the vice as somehow being too onerous. opening up the committee process is integral chairman of the Committee on Rules. What is the motivation of this change? Was to that effort. One last note on a topic that has Mr. DREIER. Mr. Speaker, I thank there some important business we failed to received considerable attention recentlyÐthis my friend from Glens Falls, and with complete in the 104th Congress because of rules package does temporarily reconstitute that I yield briefly to my friend, the the 3 day filing period? Of course not. Cer- the Committee on Standards of Official Con- gentleman from Ohio [Mr. HOBSON]. tainly there appears to be no rush to pass leg- duct from the previous Congress, to allow it to Mr. HOBSON. Mr. Speaker, I had islation in this Congress. If that were the case complete its pending business. planned to speak longer, but I do not we would be in session for more than the pro- All in all, Mr. Speaker, I think this is a prac- have time. But the only thing I would posed 10 days over the next 2 months. tical and workable package of rules changes, like to point out is I oppose this be- The reason seems pretty obvious. The ma- one that builds on the enormous success of cause there is not a date certain for jority wants to make it harder for Members to the rules rewrite we conducted in 1995Ðmak- ending this committee. We had an hear the arguments being made by the minor- ing technical adjustments where the past 2 agreement that it would be in writing ity. They know that the logistics of drafting dis- years' experiences have suggested modifica- on the 21st. This merely just takes out senting views and circulating them for signa- tions are needed, and taking additional steps January 7, 1997 CONGRESSIONAL RECORD — HOUSE H25 to enhance the openness, deliberation, and Mr. MOAKLEY. Mr. Speaker, on that DeGette Kennelly Pickett Delahunt Kildee Pomeroy accountability of this body. I demand the yeas and nays. DeLauro Kilpatrick Poshard Mr. BARTON of Texas. Mr. Speaker, I The yeas and nays were ordered. Dellums Kind (WI) Price (NC) would like to thank Chairman Solomon for al- The vote was taken by electronic de- Deutsch Kleczka Rahall lowing me the time to express my support for Dicks Klink Rangel vice, and there were—yeas 221, nays Dingell Kucinich Reyes the provision in the 105th Congress House 202, not voting 10, as follows: Dixon LaFalce Richardson Rules Package which requires that the Speak- [Roll No. 4] Doggett Lampson Rivers er of the House, in consultation with the mi- Dooley Lantos Roemer nority leader, develop a system for drug test- YEAS—221 Doyle Levin Rothman Edwards Lewis (GA) Roybal-Allard Aderholt Gillmor Oxley ing the Members, staff and officers of the Engel Lipinski Rush Archer Gilman Packard House of Representatives. I appreciate Chair- Eshoo Lofgren Sabo Armey Gingrich Pappas Etheridge Lowey Sanchez man Solomon's commitment to ensuring that Bachus Goodlatte Parker Evans Luther Sanders this provision is a part of the package. Baker Goodling Paul Farr Maloney (CT) Sandlin Ballenger Goss Paxon In the past several Congresses, I have intro- Fattah Maloney (NY) Sawyer Barr Graham Pease duced a bill that would require Members of Fazio Manton Schumer Bartlett Granger Petri Filner Markey Scott Congress to be mandatorily drug tested. Since Barton Greenwood Pickering Flake Martinez Serrano 1989, I have followed this practice myself, by Bass Gutknecht Pitts Foglietta Mascara Sherman Bateman Hansen Pombo paying out of my own pocket to have both my Ford Matsui Sisisky Bereuter Hastert Porter Frank (MA) McCarthy (MO) Skaggs staff and myself randomly drug tested. How- Bilbray Hastings (WA) Portman Frost McCarthy (NY) Skelton ever, I have continued to work hard to see Bilirakis Hayworth Pryce (OH) Furse McDermott Slaughter Bliley Hefley Quinn that mandatory drug testing be implemented in Gejdenson McGovern Smith, Adam Blunt Herger Radanovich the entire House of Representatives. Gephardt McHale Snyder Boehlert Hill Ramstad Gonzalez McIntyre Spratt I believe that Members of Congress should Boehner Hilleary Regula Goode McKinney Stabenow be mandatorily drug tested, just as our con- Bonilla Hobson Riggs Gordon McNulty Stark Bono Hoekstra Riley stituents working in federal agencies and pri- Green Meehan Stenholm Bryant Horn Rogan vate industry are tested. We should not hold Gutierrez Meek Stokes Bunning Hostettler Rogers Hall (OH) Menendez Strickland ourselves to a different standard than those Burr Houghton Rohrabacher Hall (TX) Millender- Stupak we represent. As Members of Congress, we Burton Hulshof Ros-Lehtinen Hamilton McDonald Tanner Buyer Hunter Roukema have an obligation to not only set policy, but Harman Miller (CA) Tauscher Callahan Hutchinson Royce to set an example for those we represent, and Hastings (FL) Minge Taylor (MS) Calvert Hyde Ryun Hefner Mink Thompson show them that we are held accountable for Camp Inglis Salmon Hilliard Moakley Thurman our actions, just as they are asked to be ac- Campbell Istook Saxton Hinchey Mollohan Tierney Canady Jenkins Scarborough countable in their jobs. Hinojosa Moran (VA) Towns Cannon Johnson (CT) Schaefer, Dan Furthermore, considering the recent rise of Holden Murtha Traficant Castle Johnson, Sam Schaffer, Bob Hooley Nadler Turner drug use among teens in this country, we Chabot Jones Schiff Hoyer Neal Velazquez must send a message to young people that Chambliss Kasich Sensenbrenner Jackson (IL) Oberstar Vento Chenoweth Kelly Sessions drug abuse is dangerous and wrong, by taking Jackson-Lee Obey Visclosky Christensen Kim Shadegg (TX) Olver Waters action to institute mandatory drug testing for Coble King (NY) Shaw Jefferson Ortiz Watt (NC) Members of Congress. Coburn Kingston Shays John Owens Waxman I am greatly encouraged by this language in Collins Klug Shimkus Johnson (WI) Pallone Wexler Combest Knollenberg Shuster the House Rules Package for the 105th Con- Johnson, E. B. Pascrell Weygand Cook Kolbe Skeen gress. With this provision, we have the oppor- Kanjorski Pastor Wise Cox LaHood Smith (MI) Kaptur Payne Woolsey tunity to institute a tough policy on drug testing Crane Largent Smith (NJ) Kennedy (MA) Pelosi Wynn for Members and staff in the House of Rep- Crapo Latham Smith (OR) Kennedy (RI) Peterson (MN) Yates resentatives. I urge my colleagues to support Cubin LaTourette Smith (TX) Cunningham Lazio Smith, Linda NOT VOTING—10 this House Rules Package, which I know the Davis (VA) Leach Snowbarger chairman himself and the staff of the House Deal Lewis (CA) Solomon Barrett (NE) Condit Torres Rules Committee has put a lot of work into. DeLay Lewis (KY) Souder Blagojevich Cooksey Weller Diaz-Balart Linder Spence Brady Peterson (PA) I appreciate Chairman Solomon's willing- Brown (FL) Sanford ness to work with me personally on an issue Dickey Livingston Stearns Doolittle LoBiondo Stump b 1615 I feel strongly about, especially for the lan- Dreier Lucas Sununu guage specifying that the system of drug test- Duncan Manzullo Talent Mr. CONYERS changed his vote from ing may provide for testing of any Member, of- Dunn McCollum Tauzin ‘‘yea’’ to ‘‘nay.’’ Ehlers McCrery Taylor (NC) ficer, or employee of the House. Ehrlich McDade Thomas So the previous question was ordered. I would especially like to recommend that Emerson McHugh Thornberry The result of the vote was announced the drug testing system developed for the English McInnis Thune as above recorded. House contain a provision that Members of Ensign McIntosh Tiahrt Everett McKeon Upton MOTION TO COMMIT OFFERED BY MR. the House of Representatives, in particular, be Ewing Metcalf Walsh McDERMOTT required to submit to mandatory, random drug Fawell Mica Wamp Mr. McDERMOTT. Mr. Speaker, I tests. Although the traditional method of drug Foley Miller (FL) Watkins Forbes Molinari Watts (OK) offer a motion to commit. testing is urinalysis, I would like to see the Fowler Moran (KS) Weldon (FL) The SPEAKER pro tempore. The final regulations leave the options open so that Fox Morella Weldon (PA) Clerk will report the motion. Members may have the choice of other meth- Franks (NJ) Myrick White The Clerk read as follows: ods of testing in addition to urinalysis. Frelinghuysen Nethercutt Whitfield Gallegly Neumann Wicker Mr. MCDERMOTT moves to commit the res- Again, I thank the chairman for the time and Ganske Ney Wolf olution (H. Res. 5), to a select committee commend him for his long-standing champion- Gekas Northup Young (AK) comprised of the Majority Leader and the ship of drug testing so that we may fight the Gibbons Norwood Young (FL) Minority Leader with instructions to report war against drugs and make the Congress Gilchrest Nussle back the same to the House forthwith with more accountable to those we represent. NAYS—202 only the following amendment: In the last sentence of section 25, strike ‘‘, Mr. DREIER. Mr. Speaker, I yield Abercrombie Bishop Clayton back the balance of my time, and I Ackerman Blumenauer Clement or at the expiration of January 21, 1997, move the previous question on the res- Allen Bonior Clyburn whichever is earlier’’. olution. Andrews Borski Conyers PARLIAMENTARY INQUIRIES Baesler Boswell Costello The SPEAKER pro tempore. The Baldacci Boucher Coyne Mr. SOLOMON. Mr. Speaker, par- question is on ordering the previous Barcia Boyd Cramer liamentary inquiry. question. Barrett (WI) Brown (CA) Cummings The SPEAKER pro tempore. The gen- The question was taken; and the Becerra Brown (OH) Danner tleman will state it. Bentsen Capps Davis (FL) Speaker pro tempore announced that Berman Cardin Davis (IL) Mr. SOLOMON. Mr. Speaker, due to the ayes appeared to have it. Berry Clay DeFazio the noise, I did not hear the Clerk read H26 CONGRESSIONAL RECORD — HOUSE January 7, 1997 and I have three different motions to Kennedy (RI) Minge Schumer Salmon Smith (TX) Upton Kennelly Mink Scott Saxton Smith, Linda Walsh commit. Kildee Moakley Serrano Scarborough Snowbarger Wamp The SPEAKER pro tempore. The Kilpatrick Mollohan Sherman Schaefer, Dan Solomon Watkins Clerk will re-report the motion. Kind (WI) Moran (VA) Sisisky Schaffer, Bob Souder Watts (OK) The Clerk re-reported the motion. Kleczka Murtha Skaggs Sensenbrenner Spence Weldon (FL) Klink Nadler Skelton Sessions Stearns Weldon (PA) b 1630 Kucinich Neal Slaughter Shadegg Stump Weller LaFalce Oberstar Smith, Adam Shaw Sununu White Mr. SOLOMON. So there is no date at Lampson Obey Snyder Shays Talent Whitfield all in what the gentleman just read. Lantos Olver Spratt Shimkus Tauzin Wicker Levin Ortiz Stabenow Shuster Taylor (NC) Wolf Mr. DOGGETT. Parliamentary in- Lewis (GA) Owens Stark Skeen Thomas Young (AK) quiry, Mr. Speaker. Lipinski Pallone Stenholm Smith (MI) Thornberry Young (FL) The SPEAKER pro tempore (Mr. Lofgren Pascrell Stokes Smith (NJ) Thune Strickland Smith (OR) Tiahrt LAHOOD). The gentleman will state it. Lowey Pastor Luther Payne Stupak Mr. DOGGETT. Mr. Speaker, is this Maloney (CT) Pelosi Tanner NOT VOTING—4 the vote to accept the independent Maloney (NY) Peterson (MN) Tauscher Condit Sanford counsel’s recommendations for the or- Manton Pickett Taylor (MS) Gutierrez Torres Markey Pomeroy Thompson derly—— Martinez Poshard Thurman b 1645 Mr. SOLOMON. Regular order, Mr. Mascara Price (NC) Tierney Speaker. Matsui Rahall Towns Mr. GREENWOOD and Mr. ROBERT Mr. DOGGETT. Consideration of the McCarthy (MO) Rangel Traficant SCHAFFER of Colorado changed their McCarthy (NY) Reyes Turner vote from ‘‘yea’’ to ‘‘nay.’’ Gingrich ethics complaint re- McDermott Richardson Velazquez quested—— McGovern Rivers Vento So the motion to commit was re- Mr. SOLOMON. Regular order. McHale Roemer Visclosky jected. Waters Mr. DOGGETT. By both the Repub- McIntyre Rothman The result of the vote was announced McKinney Roybal-Allard Watt (NC) as above recorded. licans and Democrat members of the McNulty Rush Waxman —— Meehan Sabo Wexler The SPEAKER pro tempore (Mr. Mr. SOLOMON. Regular order, Mr. Meek Sanchez Weygand LAHOOD). The question is on the resolu- Menendez Sanders Wise tion. Speaker. Millender- Sandlin Woolsey The SPEAKER pro tempore. The gen- McDonald Sawyer Wynn The question was taken; and the tleman is not stating a parliamentary Miller (CA) Schiff Yates Speaker pro tempore announced that inquiry. the ayes appeared to have it. NAYS—223 The motion to commit is not debat- Mr. MOAKLEY. Mr. Speaker, on that able under general parliamentary pro- Aderholt Ehrlich Latham I demand the yeas and nays. Archer Emerson LaTourette The yeas and nays were ordered. cedure applicable to the House. Armey English Lazio Without objection, the previous ques- Bachus Ensign Leach The vote was taken by electronic de- tion is ordered on the motion to com- Baker Everett Lewis (CA) vice, and there were—yeas 226, nays Ballenger Ewing Lewis (KY) 202, not voting 4, as follows: mit. Barr Fawell Linder There was no objection. Barrett (NE) Foley Livingston [Roll No. 6] The SPEAKER pro tempore. The Bartlett Forbes LoBiondo YEAS—226 Barton Fowler Lucas Aderholt Deal Hostettler question is on the motion to commit Bass Fox Manzullo Archer DeLay Houghton offered by the gentleman from Wash- Bateman Franks (NJ) McCollum Armey Diaz-Balart Hulshof Bereuter Frelinghuysen McCrery ington [Mr. MCDERMOTT]. Bachus Dickey Hunter Bilbray Gallegly McDade The question was taken; and the Baker Doolittle Hutchinson Bilirakis Ganske McHugh Ballenger Dreier Hyde Speaker pro tempore announced that Bliley Gekas McInnis Barr Duncan Inglis the noes appeared to have it. Blunt Gibbons McIntosh Barrett (NE) Dunn Istook Boehlert Gilchrest McKeon Mr. MCDERMOTT. Mr. Speaker, on Bartlett Ehlers Jenkins Boehner Gillmor Metcalf Barton Ehrlich Johnson (CT) that demand the yeas and nays. Bonilla Gilman Mica Bass Emerson Johnson, Sam The yeas and nays were ordered. Bono Goodlatte Miller (FL) Bateman English Jones Brady Goodling Molinari The vote was taken by electronic de- Bereuter Ensign Kasich Bryant Graham Moran (KS) vice, and there were—yeas 205, nays Bilbray Everett Kelly Bunning Granger Morella Bilirakis Ewing Kim 223, not voting 4, as follows: Burr Greenwood Myrick Bliley Fawell King (NY) Burton Gutknecht Nethercutt [Roll No. 5] Blunt Foley Kingston Buyer Hansen Neumann Boehlert Forbes Klug YEAS—205 Callahan Hastert Ney Boehner Fowler Knollenberg Abercrombie Coyne Frost Calvert Hastings (WA) Northup Bonilla Fox Kolbe Ackerman Cramer Furse Camp Hayworth Norwood Bono Franks (NJ) LaHood Allen Cummings Gejdenson Campbell Hefley Nussle Brady Frelinghuysen Largent Andrews Danner Gephardt Canady Herger Oxley Bryant Gallegly Latham Baesler Davis (FL) Gonzalez Cannon Hill Packard Bunning Ganske LaTourette Baldacci Davis (IL) Goode Castle Hilleary Pappas Burr Gekas Lazio Barcia DeFazio Gordon Chabot Hobson Parker Burton Gibbons Leach Barrett (WI) DeGette Goss Chambliss Hoekstra Paul Buyer Gilchrest Lewis (CA) Becerra Delahunt Green Chenoweth Horn Paxon Callahan Gillmor Lewis (KY) Bentsen DeLauro Hall (OH) Christensen Hostettler Pease Calvert Gilman Linder Berman Dellums Hall (TX) Coble Houghton Peterson (PA) Camp Goode Livingston Berry Deutsch Hamilton Coburn Hulshof Petri Canady Goodlatte LoBiondo Bishop Dicks Harman Collins Hunter Pickering Cannon Goodling Lucas Blagojevich Dingell Hastings (FL) Combest Hutchinson Pitts Castle Goss Manzullo Blumenauer Dixon Hefner Cook Hyde Pombo Chabot Graham McCollum Bonior Doggett Hilliard Cooksey Inglis Porter Chambliss Granger McCrery Borski Dooley Hinchey Cox Istook Portman Chenoweth Greenwood McDade Boswell Doyle Hinojosa Crane Jenkins Pryce (OH) Christensen Gutknecht McHugh Boucher Edwards Holden Crapo Johnson (CT) Quinn Coble Hall (TX) McIntosh Boyd Engel Hooley Cubin Johnson, Sam Radanovich Coburn Hansen McKeon Brown (CA) Eshoo Hoyer Cunningham Jones Ramstad Collins Hastert Metcalf Brown (FL) Etheridge Jackson (IL) Davis (VA) Kasich Regula Combest Hastings (WA) Mica Brown (OH) Evans Jackson-Lee Deal Kelly Riggs Cook Hayworth Miller (FL) Capps Farr (TX) DeLay Kim Riley Cooksey Hefley Molinari Cardin Fattah Jefferson Diaz-Balart King (NY) Rogan Cox Herger Moran (KS) Clay Fazio John Dickey Kingston Rogers Crane Hill Morella Clayton Filner Johnson (WI) Doolittle Klug Rohrabacher Crapo Hilleary Myrick Clement Flake Johnson, E. B. Dreier Knollenberg Ros-Lehtinen Cubin Hobson Nethercutt Clyburn Foglietta Kanjorski Duncan Kolbe Roukema Cunningham Hoekstra Neumann Conyers Ford Kaptur Dunn LaHood Royce Davis (VA) Horn Ney Costello Frank (MA) Kennedy (MA) Ehlers Largent Ryun January 7, 1997 CONGRESSIONAL RECORD — HOUSE H27 Northup Roukema Stearns NOT VOTING—4 COMPENSATION OF CERTAIN Norwood Royce Stump McInnis Stabenow MINORITY EMPLOYEES Nussle Ryun Sununu Richardson Torres Oxley Salmon Talent Mr. GEPHARDT. Mr. Speaker, I offer Packard Sanford Tauzin b 1705 a resolution (H. Res. 6) and I ask unani- Taylor (NC) Pappas Saxton mous consent for its immediate consid- Parker Scarborough Thomas So the resolution was agreed to. Paxon Schaefer, Dan Thornberry The result of the vote was announced eration. Thune Pease Schaffer, Bob The Clerk read the resolution, as fol- Tiahrt as above recorded. Peterson (PA) Schiff Traficant A motion to reconsider was laid on lows: Petri Sensenbrenner Upton the table. H. RES. 6 Pickering Sessions Walsh Pitts Shadegg f Resolved, That pursuant to the Legislative Wamp Pay Act of 1929, as amended, the six minor- Pombo Shaw Watkins Porter Shays Watts (OK) GENERAL LEAVE ity employees authorized therein shall be the Portman Shimkus Weldon (FL) Mr. SOLOMON. Mr. Speaker, I ask following named persons, effective January Pryce (OH) Shuster Weldon (PA) 3, 1997, until otherwise ordered by the House, Quinn Skeen Weller unanimous consent that all Members to wit: Steve Elmendorf, George Kundanis, Radanovich Smith (MI) White may have 5 legislative days within Marti Thomas, Sharon Daniels, Dan Turton, Ramstad Smith (NJ) Whitfield which to revise and extend their re- and Laura Nichols, each to receive gross Regula Smith (OR) Wicker marks on House Resolution 5. compensation pursuant to the provisions of Riggs Smith (TX) Wolf Young (AK) The SPEAKER pro tempore (Mr. House Resolution 119, Ninety-fifth Congress, Riley Smith, Linda as enacted into permanent law by section 115 Rogan Snowbarger Young (FL) LAHOOD). Is there objection to the re- of Public Law 95–94. In addition, the Minor- Rogers Solomon quest of the gentleman from New ity Leader may appoint and set the annual Rohrabacher Souder York? Ros-Lehtinen Spence rate of pay for up to three further minority There was no objection. employees. NAYS—202 f The SPEAKER pro tempore. Is there Abercrombie Gonzalez Murtha MESSAGES FROM THE PRESIDENT objection to the request of the gen- Ackerman Gordon Nadler tleman from Missouri? A message in writing from the Presi- Allen Green Neal There was no objection. Andrews Gutierrez Oberstar dent of the United States was commu- The resolution was agreed to. Baesler Hall (OH) Obey nicated to the House by Mr. Sherman Baldacci Hamilton Olver A motion to reconsider was laid on Barcia Harman Ortiz Williams, one of his secretaries. the table. Owens Barrett (WI) Hastings (FL) f f Becerra Hefner Pallone Bentsen Hilliard Pascrell MESSAGE FROM THE SENATE ESTABLISHING THE CORRECTIONS Berman Hinchey Pastor Berry Hinojosa Paul A message from the Senate by Mr. CALENDAR OFFICE Bishop Holden Payne Lundregan, one of its clerks, an- Mr. BOEHNER. Mr. Speaker, I offer a Blagojevich Hooley Pelosi nounced that the Senate has passed Blumenauer Hoyer Peterson (MN) resolution (H. Res. 7) and I ask unani- Bonior Jackson (IL) Pickett resolutions and concurrent resolutions mous consent for its immediate consid- Borski Jackson-Lee Pomeroy of the following titles in which the con- eration. Boswell (TX) Poshard currence of the House is requested: The Clerk read the resolution as fol- Boucher Jefferson Price (NC) S. RES. 1 Boyd John Rahall lows: Brown (CA) Johnson (WI) Rangel Resolved, That the Secretary inform the H. RES. 7 Reyes Brown (FL) Johnson, E. B. House of Representatives that a quorum of Resolved, Brown (OH) Kanjorski Rivers the Senate is assembled and that the Senate Roemer SECTION 1. CORRECTIONS CALENDAR OFFICE. Campbell Kaptur is ready to proceed to business. Capps Kennedy (MA) Rothman There is established in the House of Rep- Cardin Kennedy (RI) Roybal-Allard resentatives an office to be known as the Clay Kennelly Rush S. RES. 2 Corrections Calendar Office, which shall Clayton Kildee Sabo Resolved, That a committee consisting of have the responsibility of assisting the Clement Kilpatrick Sanchez two Senators be appointed to join such com- Sanders Speaker in the management of the Correc- Clyburn Kind (WI) mittee as may be appointed by the House of tions Calendar under the Rules of the House Condit Kleczka Sandlin Sawyer Representatives to wait upon the President of Representatives. The Office shall have not Conyers Klink Schumer of the United States and inform him that a Costello Kucinich more than five employees— Scott Coyne LaFalce quorum of each House is assembled and that (1) who shall be appointed by the Speaker, Serrano Cramer Lampson the Congress is ready to receive any commu- in consultation with the minority leader; Sherman Cummings Lantos nication he may be pleased to make. and Sisisky Danner Levin (2) whose annual rate of pay shall be estab- Skaggs Davis (FL) Lewis (GA) Skelton S. RES. 6 lish by the Speaker, but may not exceed 75 Davis (IL) Lipinski Slaughter percent of the maximum annual rate under DeFazio Lofgren Resolved, That the House of Representa- Smith, Adam the general limitation specified by the order DeGette Lowey tives be notified of the election of Strom Snyder of the Speaker in effect under section 311(d) Luther Thurmond, a Senator from the State of Delahunt Spratt DeLauro Maloney (CT) South Carolina, as President pro tempore. of the Legislative Branch Appropriations Stark Act, 1988 (2 U.S.C. 60a 2a). Dellums Maloney (NY) Stenholm Deutsch Manton Stokes S. CON. RES. 1 The SPEAKER pro tempore. Is there Dicks Markey Strickland Dingell Martinez Concurrent resolution to provide for the objection to the request of the gen- Stupak counting on January 9, 1997, of the electoral tleman from Ohio? Dixon Mascara Tanner Doggett Matsui Tauscher votes for President and Vice President of the There was no objection. Dooley McCarthy (MO) Taylor (MS) United States. The resolution was agreed to. Doyle McCarthy (NY) Thompson A motion to reconsider was laid on Edwards McDermott Thurman S. CON. RES. 2 the table. Engel McGovern Tierney Eshoo McHale Towns Concurrent resolution to extend the life of f Etheridge McIntyre Turner the Joint Congressional Committee on Inau- Evans McKinney Velazquez gural Ceremonies and the provisions of S. PROVIDING FOR RECESS OR AD- Farr McNulty Vento Con. Res. 48. JOURNMENT OF THE SENATE Fattah Meehan Visclosky Fazio Meek FROM JANUARY 9, 1997, TO JANU- Waters S. CON. RES. 3 Filner Menendez Watt (NC) ARY 21, 1997; AND FOR ADJOURN- Flake Millender- Waxman Concurrent resolution providing for a re- MENT OF THE HOUSE FROM JAN- Foglietta McDonald Wexler cess or adjournment of the Senate from Jan- UARY 9, 1997, TO JANUARY 20, Ford Miller (CA) Weygand uary 9, 1997 to January 21, 1997, and an ad- Frank (MA) Minge 1997, AND FROM JANUARY 21, 1997 Wise journment of the House from January 9, 1997 Frost Mink Woolsey TO FEBRUARY 4, 1997. Furse Moakley to January 20, 1997, from January 20, 1997 to Wynn January 21, 1997, and from January 21, 1997 to The SPEAKER pro tempore laid be- Gejdenson Mollohan Yates Gephardt Moran (VA) February 4, 1997. fore the House the following privileged H28 CONGRESSIONAL RECORD — HOUSE January 7, 1997 Senate concurrent resolution (S. Con. Herger McKeon Sanford Sandlin Stabenow Turner Hill Metcalf Saxton Sawyer Stark Velazquez Res. 3) to provide for a recess or ad- Hilleary Mica Scarborough Schumer Stenholm Vento journment of the Senate from January Hobson Miller (FL) Schaefer, Dan Scott Strickland Visclosky 9, 1997, to January 21, 1997; and for ad- Horn Molinari Schaffer, Bob Serrano Stupak Waters journment of the House from January Hostettler Moran (KS) Schiff Sherman Tanner Watt (NC) Houghton Morella Sensenbrenner Sisisky Tauscher Waxman 9, 1997, to January 20, 1997, and from Hulshof Murtha Sessions Skaggs Taylor (MS) Wexler January 21, 1997, to February 4, 1997 Hunter Myrick Shadegg Skelton Thompson Weygand The Clerk read as follows: Hutchinson Nethercutt Shaw Slaughter Thurman Wise Hyde Neumann Shays Smith, Adam Tierney Woolsey Resolved by the Senate (the House of Rep- Inglis Ney Shimkus Snyder Towns Wynn resentatives concurring), That when the Sen- Istook Northup Shuster Spratt Traficant ate recesses or adjourns on Thursday, Janu- Jenkins Norwood Skeen NOT VOTING—12 ary 9, 1997, pursuant to a motion made by the Johnson (CT) Nussle Smith (MI) Majority Leader or his designee, in accord- Johnson, Sam Oxley Smith (TX) Hoekstra Ros-Lehtinen Torres ance with the provisions of this resolution, it Jones Packard Smith, Linda McInnis Smith (NJ) Weldon (PA) Snowbarger stand recessed or adjourned until 12:00 noon Kasich Pappas Rangel Smith (OR) Yates Kelly Parker Solomon Richardson Stokes Young (FL) on Tuesday, January 21, 1997, or until such Kim Paul Souder time on that day as may be specified by the King (NY) Paxon Spence b 1729 Majority Leader or his designee in the mo- Kingston Pease Stearns tion to recess or adjourn, or until 12:00 noon Klug Peterson (PA) Stump Mr. METCALF changed his vote from on the second day after Members are notified Knollenberg Petri Sununu ‘‘nay’’ to ‘‘yea.’’ to reassemble pursuant to section 2 of this Kolbe Pickering Talent So the Senate concurrent resolution Tauzin concurrent resolution; and that when the LaHood Pitts Largent Pombo Taylor (NC) was concurred in. House adjourns on Thursday, January 9, 1997, Latham Porter Thomas The result of the vote was announced it stand adjourned until 10:00 a.m. on Mon- LaTourette Portman Thornberry as above recorded. day, January 20, 1997; that when the House Lazio Pryce (OH) Thune A motion to reconsider was laid on adjourns on Monday, January 20, 1997, it Leach Quinn Tiahrt stand adjourned until 12:00 noon on Tuesday, Lewis (CA) Radanovich Upton the table. January 21, 1997; and that when the House Lewis (KY) Ramstad Walsh f Wamp adjourns on Tuesday, January 21, 1997, it Linder Regula Livingston Riggs Watkins PROVIDING FOR A JOINT SESSION stand adjourned until 12:30 p.m. on Tuesday, LoBiondo Riley Watts (OK) February 4, 1997, or until 12:00 noon on the Lucas Rogan Weldon (FL) TO COUNT ELECTORAL VOTES second day after Members are notified to re- Manzullo Rogers Weller The SPEAKER pro tempore (Mr. assemble pursuant to section 2 of this con- McCollum Rohrabacher White current resolution. McCrery Roukema Whitfield LAHOOD) laid before the House the fol- Wicker SEC. 2. The Majority Leader of the Senate McDade Royce lowing privileged Senate concurrent Wolf and the Speaker of the House, acting jointly McHugh Ryun resolution (S. Con. Res. 1) to provide McIntosh Salmon Young (AK) after consultation with the Minority Leader for the counting on January 9, 1997, of of the Senate and Minority Leader of the NAYS—198 the electoral votes for the President House, shall notify the Members of the Sen- and Vice President of the United ate and the House, respectively, to reassem- Abercrombie Farr Luther Ackerman Fattah Maloney (CT) States. ble whenever, in their opinion, the public in- Allen Fazio Maloney (NY) The Clerk read the Senate concur- terest shall warrant it. Andrews Filner Manton rent resolution, as follows: The SPEAKER pro tempore. The Baesler Flake Markey Baldacci Foglietta Martinez S. CON. RES. 1 question is on the Senate concurrent Barcia Ford Mascara Resolved by the Senate (the House of Rep- resolution. Barrett (WI) Frank (MA) Matsui resentatives concurring), That the two Houses The question was taken; and the Becerra Frost McCarthy (MO) Bentsen Furse McCarthy (NY) of Congress shall meet in the Hall of the Speaker pro tempore announced that Berman Gejdenson McDermott House of Representatives on Thursday, the the ayes appeared to have it. Berry Gephardt McGovern 9th day of January 1997, at 1 o’clock post me- Mr. FAZIO of California. Mr. Speak- Bishop Gonzalez McHale ridian, pursuant to the requirements of the er, on that I demand the yeas and nays. Blagojevich Goode McIntyre Constitution and laws relating to the elec- Blumenauer Gordon McKinney The yeas and nays were ordered. tion of the President and Vice President of Bonior Green McNulty the United States, and the President of the Borski Gutierrez Meehan The vote was taken by electronic de- Senate shall be their Presiding Officer; that vice, and there were—yeas 222, nays Boswell Hall (OH) Meek Boyd Hamilton Menendez two tellers shall be previously appointed by 198, not voting 12, as follows: Brown (CA) Harman Millender- the President of the Senate on the part of [Roll No. 7] Brown (FL) Hastings (FL) McDonald the Senate and two by the Speaker on the Brown (OH) Hefner Miller (CA) YEAS—222 part of the House of Representatives, to Capps Hilliard Minge whom shall be handed, as they are opened by Aderholt Campbell English Cardin Hinchey Mink the President of the Senate, all the certifi- Archer Canady Ensign Clay Hinojosa Moakley Armey Cannon Everett Clayton Holden Mollohan cates and papers purporting to be certifi- Bachus Castle Ewing Clement Hooley Moran (VA) cates of the electoral votes, which certifi- Baker Chabot Fawell Clyburn Hoyer Nadler cates and papers shall be opened, presented, Ballenger Chambliss Foley Condit Jackson (IL) Neal and acted upon in the alphabetical order of Barr Chenoweth Forbes Conyers Jackson-Lee Oberstar the States, beginning with the letter ‘‘A’’; Barrett (NE) Christensen Fowler Costello (TX) Obey and said tellers, having then read the same Bartlett Coble Fox Coyne Jefferson Olver in the presence and hearing of the two Barton Coburn Franks (NJ) Cramer John Ortiz Bass Collins Frelinghuysen Cummings Johnson (WI) Owens Houses, shall make a list of the votes as they Bateman Combest Gallegly Danner Johnson, E. B. Pallone shall appear from the said certificates; and Bereuter Cook Ganske Davis (FL) Kanjorski Pascrell the votes having been ascertained and count- Bilbray Cooksey Gekas Davis (IL) Kaptur Pastor ed in the manner and according to the rules Bilirakis Cox Gibbons DeFazio Kennedy (MA) Payne by law provided, the result of the same shall Bliley Crane Gilchrest DeGette Kennedy (RI) Pelosi be delivered to the President of the Senate, Blunt Crapo Gillmor Delahunt Kennelly Peterson (MN) who shall thereupon announce the state of Boehlert Cubin Gilman DeLauro Kildee Pickett Boehner Cunningham Goodlatte Dellums Kilpatrick Pomeroy the vote, which announcement shall be Bonilla Davis (VA) Goodling Deutsch Kind (WI) Poshard deemed a sufficient declaration of the per- Bono Deal Goss Dicks Kleczka Price (NC) sons, if any, elected President and Vice Boucher DeLay Graham Dingell Klink Rahall President of the United States, and, together Brady Diaz-Balart Granger Dixon Kucinich Reyes with a list of the votes, be entered on the Bryant Dickey Greenwood Doggett LaFalce Rivers Journals of the two Houses. Bunning Doolittle Gutknecht Dooley Lampson Roemer Burr Dreier Hall (TX) Doyle Lantos Rothman The SPEAKER pro tempore (Mr. Burton Duncan Hansen Edwards Levin Roybal-Allard LAHOOD). Without objection, the Sen- Buyer Dunn Hastert Engel Lewis (GA) Rush ate concurrent resolution is concurred Callahan Ehlers Hastings (WA) Eshoo Lipinski Sabo Calvert Ehrlich Hayworth Etheridge Lofgren Sanchez in. Camp Emerson Hefley Evans Lowey Sanders There was no objection. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H29 A motion to reconsider was laid on ceremonies the House stands adjourned until Indiana, has been unable from illness to ap- the table. noon on Tuesday, January 21, 1997. pear in person to be sworn as a Member of the House, and there being no contest or f The resolution was agreed to. A motion to reconsider was laid on question as to her election: Now, therefore, be it PROVIDING FOR CONTINUATION OF the table. JOINT COMMITTEE TO MAKE IN- Resolved, That the Speaker, or deputy f named by him, is hereby authorized to ad- AUGURATION ARRANGEMENTS minister the oath of office to the Honorable The SPEAKER pro tempore laid be- HOUR OF MEETING OF THE HOUSE Julia Carson at Indianapolis, Indiana, and fore the House the following privileged OF REPRESENTATIVES that such oath be accepted and received by Senate concurrent resolution (S. Con. Mr. SOLOMON. Mr. Speaker, I offer a the House as the oath of office of the Honor- Res. 2) to extend the life of the Joint privileged resolution (H. Res. 9) and able Julia Carson. Congressional Committee on Inaugural ask for its immediate consideration. The resolution was agreed to. Ceremonies and the provisions of Sen- The clerk read the resolution, as fol- A motion to reconsider was laid on ate Concurrent Resolution 48 and ask lows: the table. for its immediate consideration. H. RES. 9 The SPEAKER pro tempore. Pursu- ant to the provisions of House Resolu- The Clerk read the Senate concur- Resolved, that unless otherwise ordered, be- rent resolution, as follows: fore Monday, May 12, 1997, the daily meet- tion 11, 105th Congress, the Chair an- nounces the Speaker’s appointment of S. CON. RES. 2 ings of the House shall be at 2 p.m. on Mon- days; at 11 a.m. on Tuesdays and Wednes- the Honorable S. Hugh Dillon, Federal Resolved by the Senate (the House of Rep- days; and at 10 a.m. on all other days of the District Court Judge, to administer the resentatives concurring), That effective from week; and that from Monday, May 12, 1997, January 3, 1997, the joint committee created oath of office to the Honorable JULIA until the end of the first session, the daily by Senate Concurrent Resolution 47 of the CARSON. meeting of the House shall be at noon on One Hundred Fourth Congress, to make the f Mondays; at 10 a.m. on Tuesdays, Wednes- necessary arrangements for the inaugura- days and Thursdays; and at 9 a.m. on all tion, is hereby continued with the same ELECTION OF MAJORITY MEM- other days of the week. power and authority. BERS TO CERTAIN STANDING SEC. 2. That effective from January 3, 1997, The resolution was agreed to. COMMITTEES OF THE HOUSE the provisions of Senate Concurrent Resolu- A motion to reconsider was laid on Mr. BOEHNER. Mr. Speaker, by di- tion 48 of the One Hundred Fourth Congress, the table. rection of the Republican Conference, I to authorize the rotunda of the United f States Capitol to be used in connection with offer a privileged resolution (H. Res. 12) the proceedings and ceremonies for the inau- AUTHORIZING THE SPEAKER OR and ask for its immediate consider- guration of the President-elect and the Vice HIS DEPUTY TO ADMINISTER ation. President of the United States, and for other THE OATH OF OFFICE TO THE The Clerk read the resolution, as fol- purposes, are hereby continued with the HONORABLE FRANK TEJEDA lows: same power and authority. H. RES. 12 Mr. GEPHARDT. Mr. Speaker, I offer The SPEAKER pro tempore. Without Resolved, That the following named Mem- objection, the Senate concurrent reso- a privileged resolution (H. Res. 10) and bers be, and they are hereby, elected to the lution is concurred in. ask for its immediate consideration. following standing committees: There was no objection. The Clerk read the resolution, as fol- Committee on Agriculture: Mr. Smith of A motion to reconsider was laid on lows: Oregon, Chairman; Mr. Combest; Mr. Barrett the table. H. RES. 10 of Nebraska; Mr. Boehner; Mr. Ewing; Mr. Doolittle; Mr. Goodlatte; Mr. Pombo; Mr. Whereas, Frank Tejeda, a Representative- f Canady; Mr. Smith of Michigan; Mr. Everett; elect from the 28th District of the State of Mr. Lucas; Mr. Lewis of Kentucky; Mrs. Texas, has been unable from illness to appear APPOINTMENT AS MEMBERS OF Chenoweth; Mr. Hostettler; Mr. Bryant; Mr. in person to be sworn as a Member of the JOINT COMMITTEE TO MAKE Foley; Mr. Chambliss; Mr. LaHood; Mrs. Em- House, and there being no contest or ques- NECESSARY ARRANGEMENTS erson; Mr. Moran of Kansas; Mr. Blunt; Mr. tion as to his election; Now, therefore, be it FOR THE INAUGURATION ON Pickering; Mr. Bob Schaffer of Colorado; Mr. Resolved, That the Speaker, or deputy Thune; Mr. Jenkins; and Mr. Cooksey. JANUARY 20, 1997 named by him, is hereby authorized to ad- Committee on Appropriations: Mr. Living- minister the oath of office to the Honorable The SPEAKER pro tempore. Pursu- ston, Chairman; Mr. McDade; Mr. Young of Frank Tejeda at San Antonio, Texas, and ant to the provisions of Senate Concur- Florida; Mr. Regula; Mr. Lewis of California; that such oath be accepted and received by rent Resolution 2, 105th Congress, the Mr. Porter; Mr. Rogers; Mr. Skeen; Mr. Wolf; the House as the oath of office of the Honor- Chair announces the Speaker’s ap- Mr. DeLay; Mr. Kolbe; Mr. Packard; Mr. Cal- able Frank Tejeda. pointment as members of the joint lahan; Mr. Walsh; Mr. Taylor of North Caro- committee to make the necessary ar- The resolution was agreed to. lina; Mr. Hobson; Mr. Istook; Mr. Bonilla; rangements for the inauguration of the A motion to reconsider was laid on Mr. Knollenberg; Mr. Miller of Florida; Mr. President-elect and the Vice President- the table. Dickey; Mr. Kingston; Mr. Parker; Mr. The SPEAKER pro tempore. Pursu- Frelinghuysen; Mr. Wicker; Mr. Forbes; Mr. elect of the United States on the 20th Nethercutt; Mr. Neumann; Mr. Cunningham; day of January 1997, the following ant to the provisions of House Resolu- tion 10, 105th Congress, the Chair an- Mr. Tiahrt; Mr. Wamp; Mr. Latham; Mrs. Members of the House: Mr. GEPHARDT Northup; and Mr. Aderholt. of Missouri, Mr. GINGRICH of Georgia, nounces the Speaker’s appointment of Committee on Banking and Financial and Mr. ARMEY of Texas. the Honorable Orlando Garcia, Federal Services: Mr. Leach, Chairman; Mr. McCol- District Court Judge, to administer the f lum; Mrs. Roukema; Mr. Bereuter; Mr. oath of office to the Honorable FRANK Baker; Mr. Lazio; Mr. Bachus; Mr. Castle; PROVIDING FOR ATTENDANCE AT TEJEDA. Mr. King; Mr. Campbell; Mr. Royce; Mr. INAUGURAL CEREMONIES ON f Lucas; Mr. Metcalf; Mr. Ney; Mr. Ehrlich; JANUARY 20, 1997 Mr. Barr of Georgia; Mr. Fox; Mr. LoBiondo; AUTHORIZING THE SPEAKER OR Mr. Watts of Oklahoma; Mrs. Kelly; Mr. Mr. SOLOMON. Mr. Speaker, I offer a HIS DEPUTY TO ADMINISTER Paul; Mr. Weldon of Florida; Mr. Ryun; Mr. privileged resolution (H. Res. 8) and THE OATH OF OFFICE TO THE Cook; Mr. Snowbarger; Mr. Riley; Mr. Hill; ask for its immediate consideration. HONORABLE JULIA CARSON and Mr. Sessions. The Clerk read the resolution as fol- Committee on the Budget: Mr. Kasich, lows: Mr. GEPHARDT. Mr. Speaker, I offer Chairman; Mr. Hobson; Mr. Shays; Mr. a privileged resolution (H. Res. 11) and Herger; Mr. Bunning; Mr. Smith of Texas; H. RES. 8 ask for its immediate consideration. Mr. Miller of Florida; Mr. Franks of New Jer- Resolved, That at 10:30 a.m. on Monday, The Clerk read the resolution, as fol- sey; Mr. Smith of Michigan; Mr. Inglis of January 20, 1997, the House shall proceed to lows: South Carolina; Ms. Molinari; Mr. Nussle; the West Front of the Capitol for the purpose Mr. Hoekstra; Mr. Shadegg; Mr. Radanovich; of attending the inaugural ceremonies of the H. RES. 11 Mr. Bass; Mr. Neumann; Mr. Parker; Mr. President and Vice President of the United Whereas, Julia Carson, a Representative- Ehrlich; Mr. Gutknecht; Mr. Hilleary; Ms. States; and that upon the conclusion of the elect from the Tenth District of the State of Granger; Mr. Sununu; and Mr. Pitts. H30 CONGRESSIONAL RECORD — HOUSE January 7, 1997 Committee on Commerce: Mr. Bliley, Ney; Mr. Metcalf; Mrs. Emerson; Mr. Pease; New York; Maxine Waters, California; Caro- Chairman; Mr. Tauzin; Mr. Oxley; Mr. Bili- Mr. Blunt; Mr. Pitts; Mr. Hutchinson; Mr. lyn Maloney, New York; Luis Gutierrez, New rakis; Mr. Dan Schaefer of Colorado; Mr. Cook; Mr. Cooksey; Mr. Thune; Mr. Picker- York; Lucille Roybal-Allard, California; Barton of Texas; Mr. Hastert; Mr. Upton; Mr. ing; and Ms. Granger. Thomas Barrett, Wisconsin; Nydia Stearns; Mr. Paxon; Mr. Gillmor; Mr. Klug; Committee on Ways and Means: Mr. Ar- Velazquez, New York; Melvin Watt, North Mr. Greenwood; Mr. Crapo; Mr. Cox; Mr. Deal cher, Chairman; Mr. Crane; Mr. Thomas; Mr. Carolina; Maurice Hinchey, New York; Gary of Georgia; Mr. Largent; Mr. Burr of North Shaw; Mrs. Johnson of Connecticut; Mr. Ackerman, New York; Ken Bentsen, Texas; Carolina; Mr. Bilbray; Mr. Whitfield; Mr. Bunning; Mr. Houghton; Mr. Herger; Mr. Jesse Jackson, Illinois; Cynthia McKinney, Ganske; Mr. Norwood; Mr. White; Mr. McCrery; Mr. Camp; Mr. Ramstad; Mr. Georgia; Carolyn Kilpatrick, Michigan; Jim Coburn; Mr. Lazio; Mrs. Cubin; Mr. Rogan; Nussle; Mr. Sam Johnson of Texas; Ms. Maloney, Connecticut; Darlene Hooley, Or- and Mr. Shimkus. Dunn; Mr. Collins; Mr. Portman; Mr. English egon; Julia Carson, Indiana (When Sworn). Committee on Education and the Work- of Pennsylvania; Mr. Ensign; Mr. COMMITTEE ON THE BUDGET place: Mr. Goodling, Chairman; Mr. Petri; Christensen; Mr. Watkins; Mr. Hayworth; John Spratt, South Carolina; Louise Mrs. Roukema; Mr. Fawell; Mr. Ballenger; Mr. Weller; and Mr. Hulshof. Slaughter, New York; Alan Mollohan, West Mr. Barrett of Nebraska; Mr. Hoekstra; Mr. Committee on Standards of Official Con- Virginia; Jerry Costello, Illinois; Patsy KcKeon; Mr. Castle; Mr. Sam Johnson of duct: Mr. Hansen, Chairman. Mink, Hawaii; Earl Pomeroy, North Dakota; Texas; Mr. Talent; Mr. Greenwood; Mr. Mr. BOEHNER (during the reading). Knollenberg; Mr. Riggs; Mr. Graham; Mr. Lynn Woolsey, California; Lucille Roybal-Al- Souder; Mr. McIntosh; Mr. Norwood; Mr. Mr. Speaker, I ask unanimous consent lard, California; Lynn Rivers, Michigan; Paul; Mr. Peterson of Pennsylvania; and Mr. that the resolution be considered as Lloyd Doggett, Texas; Bennie Thompson, Bob Schaffer of Colorado. read and printed in the RECORD. Mississippi; Ben Cardin, Maryland; Scotty Committee on Government Reform and The SPEAKER pro tempore. Is there Baesler, Kentucky; David Minge, Minnesota; Oversight: Mr. Burton of Indiana, Chairman; objection to the request of the gen- Ken Bentsen, Texas; Jim Davis, Florida; Mr. Gilman; Mr. Hastert; Mrs. Morella; Mr. Brad Sherman, California; Robert Weygand, tleman from Ohio? Rhode Island. Shays; Mr. Schiff; Mr. Cox; Ms. Ros- There was no objection. Lehtinen; Mr. McHugh; Mr. Horn; Mr. Mica; COMMITTEE ON COMMERCE The resolution was agreed to. Mr. Davis; Mr. McIntosh; Mr. Souder; Mr. John Dingell, Michigan; Henry Waxman, Scarborough; Mr. Shadegg; Mr. LaTourette; A motion to reconsider was laid on the table. California; Edward Markey, Massachusetts; Mr. Sanford; Mr. Ehrlich; Mr. Sununu; Mr. Ralph Hall, Texas; Bill Richardson, New Sessions; Mr. Pappas; Mr. Brady; and Mr. f Mexico; Rick Boucher, Virginia; Thomas Snowbarger. Manton, New York; Edolphus Towns, New Committee on House Oversight: Mr. Thom- ELECTION OF MINORITY MEMBERS York; Sherrod Brown, Ohio; Bart Gordon, as, Chairman; Mr. Boehner; Mr. Ehlers; Mr. TO CERTAIN STANDING COMMIT- Tennessee; Elizabeth Furse, Oregon; Peter Ney; and Ms. Granger. TEES OF THE HOUSE Deutsch, Florida; Bobby Rush, Illinois; Anna Committee on International Relations: Mr. Eshoo, California; Ron Klink, Pennsylvania; Gilman, Chairman; Mr. Goodling; Mr. Leach; Mr. FAZIO of California. Mr. Speak- Bart Stupak, Michigan; Eliot Engel, New Mr. Hyde; Mr. Bereuter; Mr. Smith of New er, I offer a privileged resolution (H. York; Albert Wynn, Maryland; Gene Green, Jersey; Mr. Burton of Indiana; Mr. Gallegly; Res. 13) and ask for its immediate con- Texas; Karen McCarthy, Missouri; Ted Ms. Ros-Lehtinen; Mr. Ballenger; Mr. sideration. Strickland, Ohio; Diana DeGette, Colorado; Rohrabacher; Mr. Manzullo; Mr. Royce; Mr. The Clerk read the resolution, as fol- Tom Sawyer, Ohio. King; Mr. Kim; Mr. Chabot; Mr. Sanford; Mr. Salmon; Mr. Houghton; Mr. Campbell; Mr. lows: COMMITTEE ON ECONOMIC AND EDUCATIONAL Fox; Mr. McHugh; Mr. Graham; Mr. Blunt; H. RES. 13 OPPORTUNITIES and Mr. Moran of Kansas. Resolved, that the following named Mem- William Clay, Missouri; George Miller, Committee on the Judiciary: Mr. Hyde, bers be and they are hereby elected to the California; Dale Kildee, Michigan; Matthew Chairman; Mr. Sensenbrenner; Mr. McCol- following standing committees of the House Martinez, California; Major Owens, New lum; Mr. Gekas; Mr. Coble; Mr. Smith of of Representatives: York; Donald Payne, New Jersey; Patsy Texas; Mr. Schiff; Mr. Gallegly; Mr. Canady; COMMITTEE ON AGRICULTURE Mink, Hawaii; Robert Andrews, New Jersey; Mr. Inglis of South Carolina; Mr. Goodlatte; Tim Roemer, Indiana; Robert Scott, Vir- Mr. Buyer; Mr. Bono; Mr. Bryant; Mr. Charles Stenholm, Texas; George Brown, ginia; Lynn Woolsey, California; Carlos Ro- Chabot; Mr. Barr of Georgia; Mr. Jenkins; Jr., California; Gary Condit, California; mero-Barcelo´ , Puerto Rico; Chaka Fattah, Mr. Hutchinson; Mr. Pease; and Mr. Cannon. Collin Peterson, Minnesota; Calvin Dooley, Pennsylvania; Earl Blumenauer, Oregon; Committee on National Security: Mr. California; Eva Clayton, North Carolina; Ruben Hinojosa, Texas; Carolyn McCarthy, Spence, Chairman; Mr. Stump; Mr. Hunter; David Minge, Minnesota; Earl Hilliard, Ala- New York; John Tierney, Massachusetts; Mr. Kasich; Mr. Bateman; Mr. Hansen; Mr. bama; Earl Pomeroy, North Dakota; Tim Ron Kind, Wisconsin; Loretta Sanchez, Cali- Weldon of Pennsylvania; Mr. Hefley; Mr. Holden, Pennsylvania; Scotty Baesler, Ken- fornia; and Harold Ford, Jr., Tennessee. Saxton; Mr. Buyer; Mrs. Fowler; Mr. tucky; Sanford Bishop, Jr., Georgia; Bennie COMMITTEE ON GOVERNMENT REFORM AND McHugh; Mr. Talent; Mr. Everett; Mr. Bart- Thompson, Mississippi; Sam Farr, Califor- OVERSIGHT lett of Maryland; Mr. McKeon; Mr. Lewis of nia; John Baldacci, Maine; Marion Berry, Ar- Kentucky; Mr. Watts of Oklahoma; Mr. kansas; Virgil Goode, Virginia; Mike McIn- Henry Waxman, California; Tom Lantos, Thornberry; Mr. Hostettler; Mr. Chambliss; tyre, North Carolina; Debbie Stabenow, California; Robert Wise, West Virginia; Mr. Hilleary; Mr. Scarborough; Mr. Jones; Michigan; Bobby Etheridge, North Carolina; Major Owens, New York; Edolphus Towns, Mr. Graham; Mr. Bono; Mr. Ryun; Mr. Chris John, Louisiana. New York; Paul Kanjorski, Pennsylvania; Pappas; Mr. Riley; and Mr. Gibbons. COMMITTEE ON APPROPRIATIONS Gary Condit, California; Collin Peterson, Minnesota; Carolyn Maloney, New York; Committee on Resources: Mr. Young of David Obey, Wisconsin; Sidney Yates, Illi- Thomas Barrett, Wisconsin; Eleanor Holmes- Alaska, Chairman; Mr. Tauzin; Mr. Hansen; nois; Louis Stokes, Ohio; John Murtha, Norton, District of Columbia; Chaka Fattah, Mr. Saxton; Mr. Gallegly; Mr. Duncan; Mr. Pennsylvania; Norm Dicks, Washington; Pennsylvania; Tim Holden, Pennsylvania; Hefley; Mr. Doolittle; Mr. Gilchrest; Mr. Cal- Martin Sabo, Minnesota; Julian Dixon, Cali- Elijah Cummings, Maryland; Dennis vert; Mr. Pombo; Mrs. Cubin; Mrs. fornia; Vic Fazio, California; Bill Hefner, Kucinich, Ohio; and Rob Blagojevich, Illi- Chenoweth; Mrs. Smith of Washington; Mr. North Carolina; Steny Hoyer, Maryland; nois. Radanovich; Mr. Jones; Mr. Thornberry; Mr. Alan Mollohan, West Virginia; Marcy Kap- Shadegg; Mr. Ensign; Mr. Smith of Oregon; tur, Ohio; David Skaggs, Colorado; Nancy COMMITTEE ON HOUSE OVERSIGHT Mr. Cannon; Mr. Brady; Mr. Peterson of Pelosi, California; Peter Visclosky, Indiana; Sam Gejdenson, Connecticut. Pennsylvania; Mr. Hill; Mr. Bob Schaffer of Thomas Foglietta, Pennsylvania; Esteban COMMITTEE ON INTERNATIONAL RELATIONS Colorado; and Mr. Gibbons. Torres, California; Nita Lowey, New York; Lee Hamilton, Indiana; Sam Gejdenson, Committee on Rules: Mr. Solomon, Chair- Jose Serrano, New York; Rosa DeLauro, Con- Connecticut; Tom Lantos, California; How- man; Mr. Dreier; Mr. Goss; Mr. Linder; Ms. necticut; James Moran, Virginia; John ard Berman, California; Gary Ackerman, Pryce; Mr. Diaz-Balart; Mr. McInnis; Mr. Olver, Massachusetts; Ed Pastor, Arizona; New York; Eni Faleomavaega, American Hastings; and Mrs. Myrick. Carrie Meek, Florida; David Price, North Committee on Transportation and Infra- Samoa; Matthew Martinez, California; Don- Carolina; Chet Edwards, Texas. structure: Mr. Shuster, Chairman; Mr. ald Payne, New Jersey; Robert Andrews, New Young of Alaska; Mr. Petri; Mr. Boehlert; COMMITTEE ON BANKING AND FINANCIAL Jersey; Robert Menendez, New Jersey; Mr. Bateman; Mr. Coble; Mr. Duncan; Ms. SERVICES Sherrod Brown, Ohio; Cynthia McKinney, Molinari; Mr. Ewing; Mr. Gilchrest; Mr. Kim; Henry Gonzalez, Texas; John LaFalce, New Georgia; Alcee Hastings, Florida; Pat Mr. Horn; Mr. Franks of New Jersey; Mr. York; Bruce Vento, Minnesota; Charles Danner, Missouri; Earl Hilliard, Alabama; Mica; Mr. Quinn; Mrs. Fowler; Mr. Ehlers; Schumer, New York; Barney Frank, Massa- Walter Capps, California; Brad Sherman, Mr. Bachus; Mr. LaTourette; Mrs. Kelly; Mr. chusetts; Paul Kanjorski, Pennsylvania; Jo- California; Robert Wexler, Florida; Dennis LaHood; Mr. Baker; Mr. Riggs; Mr. Bass; Mr. seph Kennedy, Massachusetts; Floyd Flake, Kucinich, Ohio; Steve Rothman, New Jersey. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H31 COMMITTEE ON THE JUDICIARY The SPEAKER pro tempore. Is there since 1789. This rule supersedes any John Conyers, Michigan; Barney Frank, objection to the request of the gen- claim of a Member to be free from Massachusetts; Charles Schumer, New York; tleman from California? questioning in any other place. Howard Berman, California; Rick Boucher, There was no objection. On January 27, 1909, the House adopt- Virginia; Jerrold Nadler, New York; Robert A motion to reconsider was laid upon ed a report that stated the following, Scott, Virginia; Melvin Watt, North Caro- lina; Zoe Lofgren, California; Sheila Jack- the table. which is recorded in Cannon’s Prece- son-Lee, Texas; Maxine Waters, California; f dents, volume 8, at section 2497: ‘‘It is * * * the duty of the House to Marty Meehan, Massachusetts; William ELECTION OF MEMBER TO CER- DeLahunt, Massachusetts; Robert Wexler, require its Members in speech or de- Florida; Steve Rothman, New Jersey. TAIN STANDING COMMITTEES OF bate to preserve that proper restraint THE HOUSE COMMITTEE ON NATIONAL SECURITY which will permit the House to conduct Ronald Dellums, California; Ike Skelton, Mr. FAZIO of California. Mr. Speak- its business in an orderly manner and Missouri; Norman Sisisky, Virginia; John er, I offer an additional privileged reso- without unnecessarily and unduly ex- Spratt, North Carolina; Solomon Ortiz, lution (H. Res. 14) and ask for its im- citing animosity among its Members.’’ Texas; Owen Pickett, Virginia; Lane Evans, mediate consideration. This report was in response to im- Illinois; Gene Taylor, Mississippi; Neil Aber- The Clerk read the resolution, as fol- proper references in debate to the crombie, Hawaii; Frank Tejeda, Texas (When Sworn); Martin Meehan, Massachusetts; Rob- lows: President, but clearly reiterated a ert Underwood, Guam; Jane Harman, Califor- H. RES. 14 principle that all occupants of the nia; Paul McHale, Pennsylvania; Patrick Resolved, That the following named Mem- Chair in prior Congresses, both Repub- Kennedy, Road Island; Rod Blagojevich, Illi- ber be and is hereby elected to the following lican and Democratic, have held to be nois; Sylvester Reyes, Texas; Tom Allen, standing committees: equally applicable to Members’ re- Maine; Vic Snyder, Arkansas; Jim Turner, Committee on Banking and Financial marks in debate toward each other. Texas; Allen Boyd, Florida; Adam Smith, Services: Bernard Sanders of Vermont. The Chair asks and expects the co- Washington. Committee on Government Reform and operation of all Members in maintain- COMMITTEE ON RESOURCES Oversight: Bernard Sanders of Vermont. ing a level of decorum that properly George Miller, California; Edward Markey, Mr. FAZIO of California (during the dignifies the proceedings of the House Massachusetts; Nick Rahall, West Virginia; reading). Mr. Speaker, I ask unanimous and respects proper rulings of the Bruce Vento, Minnesota; Dale Kildee, Michi- consent that the resolution be consid- gan; Sam Gejdenson, Connecticut; Bill Rich- Chair. ardson, New Mexico; Peter DeFazio, Oregon; ered as read and printed in the RECORD. PARLIAMENTARY INQUIRIES Eni Faleomavaega, American Samoa; Neil The SPEAKER pro tempore. Is there Mr. FAZIO of California. Mr. Speak- Abercrombie, Hawaii; Solomon Ortiz, Texas; objection to the request of the gen- er, parliamentary inquiry. Owen Pickett, Virginia; Frank Pallone, New tleman from California? The SPEAKER pro tempore. The gen- Jersey; Calvin Dooley, California; Carlos Ro- There was no objection. tleman will state his inquiry. mero-Barcelo, Puerto Rico; Maurice The resolution was agreed to. Mr. FAZIO of California. Is it the Hinchey, New York; Robert Underwood, A motion to reconsider was laid on Speaker’s contention that he is stating Guam; Sam Farr, California; Patrick Ken- the table. nedy, Rhode Island; Adam Smith, Washing- what has been the rules of the House ton; William Delahunt, Massachusetts; Chris f for many years? John, Louisiana; Donna Green, Virgin Is- ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. The pur- lands. PRO TEMPORE pose of reading this is that we have COMMITTEE ON RULES adopted the rules, and this follows the John Joseph Moakley, Massachusetts; The SPEAKER pro tempore. The precedents that have been set pre- Martin Frost, Texas; Tony P. Hall, Ohio; Chair would like to enunciate an essen- viously by previous Congresses, both Louise Slaughter, New York. tial rule of decorum. Democrat and Republican, and the COMMITTEE ON TRANSPORTATION AND It is an essential rule of decorum in Chair wanted to reiterate it for all INFRASTRUCTURE debate that Members should refrain Members, particularly new Members. James Oberstar, Minnesota; Nick Rahall, from references in debate to the con- Mr. FAZIO of California. Mr. Speak- West Virginia; Robert Borski, Pennsylvania; duct of other Members where such con- er, further inquiry. Does it require a William Lipinski, Illinois; Robert Wise, West duct is not the question actually pend- Member to rise on the floor to ask for Virginia, James Traficant, Ohio; Peter ing before the House by way of a report the enforcement of the rule, or is that DeFazio, Oregon; Bob Clement, Tennessee; from the Committee on Standards of Jerry Costello, Illinois; Glenn Poshard, Illi- at the discretion of the Speaker or his nois; Bud Cramer, Jr., Alabama; Eleanor Official Conduct or by way of any ques- designee? Holmes-Norton, District of Columbia; tion of the privileges of the House. The The SPEAKER pro tempore. Either Jerrold Nadler, New York; Pat Danner, Mis- principle is documented on pages 168 the Chair or a Member may initiate souri; Robert Menendez, New Jersey; James and 226 of the House Rules and Manual points of order. Clyburn, South Carolina; Corrine Brown, and reflects the consistent rulings of Mr. FAZIO of California. So if it is Florida; James Barcia, Michigan; Bob Filner, the Chair in prior Congresses and ap- not the position of a Member who per- California; Eddie Bernice-Johnson, Texas; plies to one-minutes and special-order haps hears a rule being violated and Frank Mascara, Pennsylvania; Gene Taylor, speeches. Mississippi; Juanita Millender-McDonald, brings it to the Speaker’s attention, California; Elijah Cummings, Maryland; Max Neither the filing of a complaint be- the Speaker would be in a position to Sandlin, Texas; Ellen Tauscher, California; fore the Committee on Standards of Of- enforce it from the Chair. Would the Bill Pascrell, New Jersey; Jay Johnson, Wis- ficial Conduct, nor the conduct of in- Speaker therefore be required to do it consin; Leonard Boswell, Iowa; Jim vestigations in prior Congresses, nor under all circumstances and show no McCovern, Massachusetts. the publication in another forum of discretion? COMMITTEE ON WAYS AND MEANS charges that are personally critical of The SPEAKER pro tempore. The Charles Rangel, New York; Pete Stark, another Member, justify references to Chair normally uses its initiative to California; Robert Matsui, California; Bar- such charges on the floor of the House. enforce the rule with respect to ref- bara Kennelly, Connecticut; William Coyne, This includes references to the motiva- erences to the President and Members Pennsylvania; Sander Levin, Michigan; Ben- tions of Members who file complaints of the Senate. jamin Cardin, Maryland; Jim McDermott, and to Members of the Committee on Washington; Gerald Kleczka, Wisconsin; Mr. FAZIO of California. Members of John Lewis, Georgia; Richard Neal, Massa- Standards of Official Conduct. the House, I infer, would need to have chusetts; Michael McNulty, New York; Wil- Clause 1 of rule XIV is a prohibition the rule applied to them by an objec- liam Jefferson, Louisiana; John Tanner, Ten- against engaging in personality in de- tion arising from among the member- nessee; Xavier Becerra, California; Karen bate. It derives from article I, section 5 ship? Thurman, Florida. of the Constitution, which authorizes The SPEAKER pro tempore. That has Mr. FAZIO of California (during the each House to make its own rules and generally been the practice of the reading). Mr. Speaker, I ask unanimous to punish its Members for disorderly Chair. consent that the resolution be consid- behavior and has been part of the rules Mr. FAZIO of California. I appreciate ered as read and printed in the RECORD. of the House in some relevant form that. H32 CONGRESSIONAL RECORD — HOUSE January 7, 1997 The SPEAKER pro tempore. Not in- cies reflected in these statements. The and reiterating this policy because of con- variably. policy announced in the 102d Congress cerns expressed by many members about the number of committee staff on the floor dur- f with respect to judicial concepts relat- ed to clause 5(b) of rule XXI, tax and ing the last weeks of the first session. The Chair requests each chairman, and each ADJOURNMENT TO THURSDAY, tariff measures, will continue to gov- JANUARY 9, 1997 ranking minority member, to submit to the ern but need not be reiterated as it is [Doorkeeper] Sergeant-at-arms a list of staff Mr. SOLOMON. Mr. Speaker, I ask adequately documented as precedent in who are to be allowed on the floor during the unanimous consent that when the the House Rules and Manual. consideration of a measure reported by their House adjourns today, it adjourn to The announcements referred to fol- committee. Each staff person should ex- meet at noon on Thursday, January 9, low: change his or her ID for a ‘‘committee staff’’ badge which is to be worn while on the floor. 1997. 1. PRIVILEGES OF THE FLOOR The Chair has consulted with the Minority The Speaker’s instructions to the former The SPEAKER pro tempore. Is there Leader and will continue to consult with Doorkeeper and the Sergeant-at-arms an- objection to the request of the gen- him. The Chair has furthermore directed the nounced on January 25, 1983, and on January tleman from New York? [Doorkeeper and] Sergeant-at-arms to assure 21, 1986, regarding floor privileges of staff There was no objection. proper enforcement of rule XXXII. will apply during the 105th Congress. The f Speaker’s policy announced on August 1, ANNOUNCEMENT BY THE SPEAKER, AUGUST 1, 1996, regarding floor privileges of former 1996 AUTHORIZING SPEAKER AND MI- Members will also apply during the 105th The SPEAKER. The Chair will make a NORITY LEADER TO ACCEPT Congress. statement. On May 25, 1995, the Chair took RESIGNATIONS AND TO MAKE ANNOUNCEMENT BY THE SPEAKER, JANUARY 25, the opportunity to reiterate guidelines on APPOINTMENTS AUTHORIZED BY 1983 the prohibition against former Members ex- LAW OR BY THE HOUSE NOT The SPEAKER. Rule XXXII strictly limits ercising floor privileges during the consider- WITHSTANDING ADJOURNMENT those persons to whom the privileges of the ation of a matter in which they have a per- sonal or pecuniary interest or are employed Mr. SOLOMON. Mr. Speaker, I ask floor during sessions of the House are ex- tended, and that rule prohibits the Chair or retained as a lobbyist. Clause 3 of House rule XXXII and the sub- unanimous consent that notwithstand- from entertaining requests for suspension or sequent guidelines issued by previous Speak- ing any adjournment of the House until waiver of that rule. As reiterated as recently ers on this matter make it clear that consid- Tuesday, February 4, 1997, the Speaker as August 22, 1974, by Speaker Albert under eration of legislative measures is not limited and the Minority Leader be authorized the principle stated in Deschler’s Procedure, solely to those pending before the House. to accept resignations and to make ap- chapter 4, section 3.4, the rule strictly limits Consideration also includes all bills and res- the number of committee staff permitted on pointments authorized by law or by the olutions either which have been called up by the floor at one time during the consider- House. a full committee or subcommittee or on ation of measures reported from their com- The SPEAKER pro tempore. Is there which hearings have been held by a full com- mittees. This permission does not extend to mittee or subcommittee of the House. objection to the request of the gen- Members’ personal staff except when a Mem- Former Members can be prohibited from tleman from New York? ber has an amendment actually pending dur- privileges of the floor, the Speaker’s lobby There was no objection. ing the five-minute rule. To this end, the and respective Cloakrooms should it be Chair requests all Members and committee f ascertained they have direct interests in leg- staff to cooperate to assure that not more islation that is before a subcommittee, full DISPENSING WITH CALENDAR than the proper number of staff are on the committee, or the House. Not only do those floor, and then only during the actual con- WEDNESDAY BUSINESS ON circumstances prohibit former Members but sideration of measures reported from their WEDNESDAY, FEBRUARY 5, 1997 the fact that a former Member is employed committees. The Chair will again extend this or retained by a lobbying organization at- Mr. SOLOMON. Mr. Speaker, I ask admonition to all properly admitted major- tempting to directly or indirectly influence unanimous consent that business in ity and minority staff by insisting that their pending legislation is cause for prohibiting order under the Calendar Wednesday presence on the floor, including the areas be- access to the House Chamber. hind the rail, be restricted to those periods Rule be dispensed with on Wednesday, First announced by Speaker O’Neill on during which their supervisors have specifi- February 5, 1997. January 6, 1977, again on June 7, 1978, and by cally requested their presence. The Chair The SPEAKER pro tempore. Is there Speaker Foley in 1994, the guidelines were stated this policy in the 97th Congress, and objection to the request of the gen- intended to prohibit former Members from an increasing number of Members have in- using their floor privileges under the restric- tleman from New York? sisted on strict enforcement of the rule. The tions laid out in this rule. This restriction There was no objection. Chair has consulted with and has the concur- extends not only to the House floor but adja- f rence of the Minority Leader with respect to cent rooms, the Cloakrooms, and the Speak- this policy and has directed [the Doorkeeper] er’s lobby. ANNOUNCEMENT BY THE SPEAKER and the Sergeant-at-arms to assure proper Members who have reason to know that a PRO TEMPORE ON PROCEDURES enforcement of the rule. former Member is on the floor inconsistent FOR THE 105TH CONGRESS ANNOUNCEMENT BY THE SPEAKER, JANUARY 21, with clause 3, rule XXXII, should notify the The SPEAKER pro tempore. Policies 1986 Sergeant-at-arms promptly. of the Chair, January 7, 1997: The SPEAKER. Rule XXXII strictly limits 2. INTRODUCTION OF BILLS AND RESOLUTIONS those persons to whom the privileges of the The Chair customarily takes this oc- The Speaker’s policy announced on Janu- floor during sessions of the House are ex- ary 3, 1983, will continue to apply in the casion on the opening day of a Con- tended, and that rule prohibits the Chair 105th Congress. gress to announce his policies with re- from entertaining requests for suspension or spect to particular aspects of the legis- waiver of that rule. As reiterated by the ANNOUNCEMENT BY THE SPEAKER, JANUARY 3, lative process. The Chair will insert in Chair on January 25, 1983, and January 3, 1983 the RECORD announcements by the 1985, and as stated in chapter 4, section 3.4 of The SPEAKER. The Chair would like to Speaker concerning, first, privileges of Deschler-Brown’s Procedure in the House of make a statement concerning the introduc- the floor; second, the introduction of Representatives, the rule strictly limits the tion and reference of bills and resolutions. bills and resolutions; third, unanimous number of committee staff on the floor at As Members are aware, they have the privi- one time during the consideration of meas- lege today of introducing bills. Heretofore on consent requests for the consideration ures reported from their committees. This the opening day of a new Congress, several of bills and resolutions; fourth, rec- permission does not extend to members’ per- hundred bills have been introduced. The ognition for 1-minute speeches, morn- sonal staff except when a member’s amend- Chair will do his best to refer as many bills ing hour debate and special orders; ment is actually pending during the five- as possible, but he will ask the indulgence of fifth, decorum in debate; sixth, the minute rule. It also does not extend to per- Members if he is unable to refer all the bills conduct of votes by electronic device sonal staff of members who are sponsors of that may be introduced. Those bills which and, seventh, the distribution of writ- pending bills or who are engaging in special are not referred and do not appear in the ten material on the House floor. orders. The Chair requests the cooperation of Record as of today will be included in the all members and committee staff to assure next day’s Record and printed with a date as These announcements where appro- that only the proper number of staff are on of today. priate will reiterate the origins of the the floor, and then only during the consider- The Chair has advised all officers and em- stated policies. The Speaker intends to ation of measures reported from their com- ployees of the House that are involved in the continue in the 105th Congress the poli- mittees. The Chair is making this statement processing of bills that every bill, resolution, January 7, 1997 CONGRESSIONAL RECORD — HOUSE H33 memorial, petition or other material that is Chair announces that he will institute a new sign up for any special-order speeches earlier placed in the hopper must bear the signature policy of recognition for ‘‘one-minute’’ than one week prior to the special order, and of a Member. Where a bill or resolution is speeches and for special order requests. The additional guidelines may be established for jointly sponsored, the signature must be Chair will alternate recognition for one- such sign-ups by the respective leaderships. that of the Member first named thereon. The minute speeches between majority and mi- Pursuant to clause 9(b)(1) of rule I, the tel- bill clerk is instructed to return to the Mem- nority Members, in the order in which they evision cameras will not pan the Chamber, ber any bill which appears in the hopper seek recognition in the well under present but a ‘‘crawl’’ indicating morning hour or without an original signature. This proce- practice from the Chair’s right to the Chair’s that the House has completed its legislative dure was inaugurated in the 92nd Congress. left, with possible exceptions for Members of business and is proceeding with special-order It has worked well, and the Chair thinks that the leadership and Members having business speeches will appear on the screen. Other tel- it is essential to continue this practice to in- requests. The Chair, of course, reserves the evision camera adaptations during this pe- sure the integrity of the process by which right to limit one-minute speeches to a cer- riod may be announced by the Chair. legislation is introduced in the House. tain period of time or to a special place in The continuation of this format for rec- 3. UNANIMOUS-CONSENT REQUESTS FOR THE the program on any given day, with notice to ognition by the Speaker is without prejudice CONSIDERATION OF BILLS AND RESOLUTIONS the leadership. to the Speaker’s ultimate power of recogni- tion under clause 2 of rule XIV should cir- The Speaker will continue to follow the ANNOUNCEMENT BY THE SPEAKER, JANUARY 4, cumstances so warrant. guidelines recorded in section 757 of the 1995, RELATIVE TO ‘‘RESIDUAL’’ POLICY FOR House Rules and Manual conferring recogni- RECOGNITION FOR SPECIAL-ORDER SPEECHES 5. DECORUM IN DEBATE tion for unanimous-consent requests for the The SPEAKER. Absent an agreement be- The Speaker’s policies with respect to de- consideration of bills and resolutions only tween the leaderships regarding recognition corum in debate announced on January 3, when assured that the majority and minor- for requests to address the House for ‘‘spe- 1991, and January 4, 1995, will apply during ity floor leadership and committee and sub- cial-order speeches’’ at the end of legislative the 105th Congress as supplemented by an committee Chairmen and ranking minority business, the Chair will decline recognition announcement made by the Speaker earlier members have no objection. Consistent with for permission to address the House for any today. those guidelines, and with the Chair’s inher- period extending more than one week in ad- ANNOUNCEMENT BY THE SPEAKER, JANUARY 3, ent power of recognition under clause 2 of vance of the request. In accordance with the 1991 rule XIV, the Chair, and any occupant of the Speaker’s policy as enunciated on August 8, The SPEAKER. It is essential that the dig- Chair appointed as Speaker pro tempore pur- 1984, the Chair will first recognize Members nity of the proceedings of the House be pre- suant to clause 7 of rule I, will decline rec- who wish to address the House for five min- served, not only to assure that the House ognition for unanimous-consent requests for utes or less, alternating between majority conducts its business in an orderly fashion consideration of bills and resolutions with- and minority Members in the order in which but to permit Members to properly com- out assurances that the request has been so those permissions were granted by the prehend and participate in the business of cleared. This denial of recognition by the House. Thereafter, the Chair will recognize the House. To this end, and in order to per- Chair will not reflect necessarily any per- Members who wish to address the House for mit the Chair to understand and to correctly sonal opposition on the part of the Chair to longer than five minutes up to one hour, put the question on the numerous requests orderly consideration of the matter in ques- again alternating between majority and mi- that are made by Members, the Chair re- tion, but will reflect the determination upon nority Members in the order in which those quests that Members and others who have the part of the Chair that orderly procedures permissions were granted by the House. How- the privileges of the floor desist from audible will be followed; that is, procedures involv- ever, unlike the Speaker’s policy of August conversation in the Chamber while the busi- ing consultation and agreement between 8, 1984, the Chair will alternate daily be- ness of the House is being conducted. The floor and committee leadership on both sides tween parties recognition for the first spe- Chair would encourage all Members to re- of the aisle. In addition to unanimous-con- cial order longer than five minutes regard- view rule XIV to gain a better understanding sent requests for the consideration of bills less of the order in which permissions were of the proper rules of decorum expected of and resolutions, section 757 of the House granted. them, and especially: First, to avoid ‘‘per- Rules Manual also chronicles examples ANNOUNCEMENT BY THE SPEAKER JANUARY 4, sonalities’’ in debate with respect to ref- where the Speaker applied this policy on rec- 1995, RELATIVE TO SPECIAL-ORDER SPEECHES erences to other Members, the Senate, and ognition to other related unanimous-consent AND MORNING-HOUR DEBATE the President; second, to address the Chair requests, such as requests to consider a mo- while standing and only when and not be- tion to suspend the rules on a nonsuspension The SPEAKER. Upon consultation with yond the time recognized, and not to address day and requests to permit consideration of the Minority Leader, the Chair announces the television or other imagined audience; nongermane amendments to bills. Such ap- that the format for recognition for ‘‘morn- third; to refrain from passing between the plications of the Speaker’s guidelines will ing-hour’’ debate and restricted special-order continue in the 105th Congress. speeches, which began on February 23, 1994, Chair and the Member speaking, or directly As announced by the Speaker, April 26, will continue [through the 105th Congress], in front of a Member speaking from the well; 1984, the Chair will entertain unanimous- as outlined below: fourth, to refrain from smoking in the Cham- consent requests to dispose of Senate amend- On Tuesdays, following legislative busi- ber; and generally to display the same degree ments to House bills on the Speaker’s table ness, the Chair may recognize Members for of respect to the Chair and other Members if made by the chairman of the committee special-order speeches up to midnight, and that every Member is due. with jurisdiction, or by another committee such speeches may not extend beyond mid- The Speaker’s announcement of January 4, member authorized to make the request. night. On all other days of the week, the 1995, will continue to apply in the 105th Con- Chair may recognize Members for special- gress as follows: 4. RECOGNITION FOR ONE-MINUTE SPEECHES AND The Chair would like all Members to be on SPECIAL ORDERS order speeches up to four hours after the conclusion of five-minute special-order notice that the Chair intends to strictly en- The Speaker’s policy announced on Janu- speeches. Such speeches may not extend be- force the limitations on debate. Further- ary 25, 1984, with respect to recognition for yond the four-hour limit without the permis- more, the Chair has the authority to imme- one-minute speeches will apply during the sion of the Chair, which may be granted only diately interrupt Members in debate who 105th Congress with the continued under- with advance consultation between the lead- transgress rule XIV by failing to avoid ‘‘per- standing that the Chair reserves the author- erships and notification to the House. How- sonalities’’ in debate with respect to ref- ity to restrict one-minute speeches at the be- ever, at no time shall the Chair recognize for erences to the Senate, the President, and ginning the legislative day. The Speaker’s any special-order speeches beyond midnight. other Members, rather than wait for Mem- following policies announced in the 104th The Chair will first recognize Members for bers to complete their remarks. Congress will also continue through the five-minute special-order speeches, alternat- Finally, it is not in order to speak dis- 105th Congress: (1) the Speaker’s residual ing initially and subsequently between the respectfully of the Speaker; and under the policy for the recognition of special-order parties regardless of the date the order was precedents the sanctions for such violations speeches absent an agreement between the granted by the House. The Chair will then transcend the ordinary requirements for leaderships to the contrary; and (2) the recognize longer special orders speeches. The timeliness of challenges. This separate treat- Speaker’s policy for recognition for ‘‘morn- four-hour limitation will be divided between ment is recorded in volume 2 of Hinds’ Prece- ing hour’’ debate and restricted special-order the majority and minority parties. Each dents, at section 1248 and was reiterated on speeches, announced on May 12, 1995, with party is entitled to reserve its first hour for January 19, 1995. the further clarification that reallocations respective leaderships or their designees. 6. CONDUCT OF VOTES BY ELECTRONIC DEVICE of time within each leadership special-order Recognition will alternate initially and sub- The Speaker’s policy announced on Janu- period will be permitted with notice to the sequently between the parties, regardless of ary 4, 1995, will continue through 105th Con- Chair. the date the order was granted by the House. gress. ANNOUNCEMENT BY THE SPEAKER, AUGUST 8, The allocation of time within each party’s The SPEAKER. The Chair wishes to 1984, RELATIVE TO RECOGNITION FOR ONE- two-hour period (or shorter period if pro- enunciate a clear policy with respect to the MINUTE SPEECHES rated to end by midnight) is to be deter- conduct of electronic votes. The SPEAKER. After consultation with mined by a list submitted to the Chair by As Members are aware, clause 5 of rule XV and concurrence by the Minority Leader, the the respective leaderships. Members may not provides that Members shall have not less H34 CONGRESSIONAL RECORD — HOUSE January 7, 1997 than 15 minutes in which to answer an ordi- Office Building Commission to serve from the President of the United nary rollcall vote or quorum call The rule with himself. States; which was read and, together obviously establishes 15 minutes as a mini- f with the accompanying papers, without mum. Still, with the cooperation of the objection, referred to the Committee Members, a vote can easily be completed in APPOINTMENT OF INSPECTOR on Commerce. that time. The events of October 30, 1991, GENERAL FOR THE HOUSE OF stand out as proof of this point. On that oc- To the Congress of the United States: casion, the House was considering a bill in REPRESENTATIVES FOR THE 105TH CONGRESS In accordance with the requirements the Committee of the Whole under a special of section 657 of the Department of En- rule that placed an overall time limit on the The Chair announces, pursuant to the amendment process, including the time ergy Organization Act (Public Law 95– provisions of section 2 of rule VI, the 91; 42 U.S.C. 7267), I transmit herewith consumed by rollcalls. The Chair announced, Speaker, majority leader, and minority and then strictly enforced, a policy of clos- the Annual Report of the Department ing electronic votes as soon as possible after leader jointly appoint Mr. John W. of Energy, which covers the years 1994 the guaranteed period of 15 minutes. Mem- Lainhart, IV, to the position of inspec- and 1995. bers appreciated and cooperated with the tor general for the House of Represent- WILLIAM J. CLINTON. Chair’s enforcement of the policy on that oc- atives for the 105th Congress. THE WHITE HOUSE, January 7, 1997. casion. f f The Chair desires that the example of Oc- tober 30, 1991, be made the regular practice of A FURTHER MESSAGE FROM THE WAIVER FROM CERTAIN PROVI- the House. To that end, the Chair enlists the PRESIDENT SIONS RELATING TO THE AP- assistance of all Members in avoiding the un- A further message in writing from POINTMENT OF UNITED STATES necessary loss of time in conducting the TRADE REPRESENTATIVE—MES- business of the House. The Chair encourages the President of the United States was all Members to depart for the Chamber communicated to the House by Mr. SAGE FROM THE PRESIDENT OF promptly upon the appropriate bell and light Edwin Thomas, one of his secretaries. THE UNITED STATES signal. As in recent Congresses, the cloak- f The SPEAKER pro tempore (Mr. rooms should not forward to the Chair re- DREIER) laid before the House the fol- quests to hold a vote by electronic device, BIENNIAL REPORT ON HAZARDOUS lowing message from the President of but should simply apprise inquiring Members MATERIALS TRANSPORTATION of the time remaining on the voting clock. the United States; which was read and, Although no occupant of the Chamber FOR CALENDAR YEARS 1994–95— together with the accompanying pa- would prevent a Member who is in the well of MESSAGE FROM THE PRESIDENT pers, without objection, referred to the the Chamber before the announcement of the OF THE UNITED STATES Committee on Ways and Means and or- result from casting his or her vote, each oc- The SPEAKER pro tempore laid be- dered printed. cupant of the Chair will have the full support fore the House the following message of the Speaker in striving to close each elec- To the Congress of the United States: tronic vote at the earliest opportunity. from the President of the United I am pleased to transmit herewith for Members should not rely on signals relayed States; which was read and, together your immediate consideration and en- from outside the Chamber to assume that with the accompanying papers, without actment legislation to provide a waiver votes will be held open until they arrive in objection, referred to the Committee from certain provisions relating to the the Chamber. on Transportation and Infrastructure. appointment of the United States 7. USE OF HANDOUTS ON HOUSE FLOOR To the Congress of the United States: Trade Representative. The Speaker’s policy announced on Sep- In accordance with Public Law 103– This draft bill would authorize the tember 27, 1995, will continue through 105th 272, as amended (49 U.S.C. 5121(e)), I President, acting by and with the ad- Congress. vice and consent of the Senate, to ap- The SPEAKER. A recent misuse of hand- transmit herewith the Biennial Report on Hazardous Materials Transportation point Charlene Barshefsky as the Unit- outs on the floor of the House has been ed States Trade Representative, not- called to the attention of the Chair and the for Calendar Years 1994–1995 of the De- House. At the bipartisan request of the Com- partment of Transportation. withstanding any limitations imposed mittee on Standards of Official Conduct, the WILLIAM J. CLINTON. by certain provisions of law. The Lob- Chair announces that all handouts distrib- THE WHITE HOUSE, January 7, 1997. bying Disclosure Act of 1995 amended uted on or adjacent to the House floor by the provisions of the Trade Act of 1974 f Members during House proceedings must regarding the appointment of the Unit- bear the name of the Member authorizing ANNUAL REPORT OF THE DEPART- ed States Trade Representative and the their distribution. In addition, the content of MENT OF HOUSING AND URBAN Deputy United States Trade Represent- those materials must comport with stand- atives by imposing certain limitations ards of propriety applicable to words spoken DEVELOPMENT, 1995—MESSAGE in debate or inserted in the Record. Failure FROM THE PRESIDENT OF THE on their appointment. These limita- to comply with this admonition may con- UNITED STATES tions only became effective with re- stitute a breach of decorum and may give The SPEAKER pro tempore laid be- spect to the appointment of the United rise to a question of privilege. fore the House the following message States Trade Representative and Dep- The Chair would also remind Members that from the President of the United uty United States Trade Representa- pursuant to clause 4, rule XXXII, staff are tives on January 1, 1996, and do not prohibited from engaging in efforts in the States; which was read and, together with the accompanying papers, without apply to individuals who were serving Hall of the House or rooms leading thereto in one of those positions on that date to influence Members with regard to the leg- objection, referred to the Committee islation being amended. Staff cannot distrib- on Banking and Financial Services. and continue to serve in them. Because ute handouts. Charlene Barshefsky was appointed In order to enhance the quality of debate To the Congress of the United States: Deputy United States Trade Represent- in the House, the Chair would ask Members Pursuant to the requirements of 42 ative on May 28, 1993, and has contin- to minimize the use of handouts. U.S.C. 3536, I transmit herewith the ued to serve in that position since f 31st Annual Report of the Department then, the limitations in the Lobbying of Housing and Urban Development, Disclosure Act, which became effective APPOINTMENT AS MEMBERS OF which covers calendar year 1995. on January 1, 1996, do not apply to her THE HOUSE OFFICE BUILDING WILLIAM J. CLINTON. in her capacity as Deputy United COMMISSION THE WHITE HOUSE, January 7, 1997. States Trade Representative and it is The SPEAKER pro tempore (Mr. f appropriate that they not apply to her LAHOOD). The Chair announces the if she is appointed to be the United Speaker’s appointment, pursuant to ANNUAL REPORT OF THE DEPART- States Trade Representative. the provisions of 40 United States Code MENT OF ENERGY, 1994 AND I have today nominated Charlene 175 and 176, the Chair appoints the gen- 1995—MESSAGE FROM THE PRESI- Barshefsky to be the next United tleman from Texas [Mr. ARMEY] and DENT OF THE UNITED STATES States Trade Representative. She has the gentleman from Missouri [Mr. The SPEAKER pro tempore laid be- done an outstanding job as Deputy GEPHARDT] as Members of the House fore the House the following message United States Trade Representative January 7, 1997 CONGRESSIONAL RECORD — HOUSE H35 since 1993 and as Acting United States look up to this body and say, ‘‘I, too, b 1800 Trade Representative for the last 9 would like to be a leader in the Con- ELECTION OF THE SPEAKER OF months. I am confident she will make gress. I, too, would like to serve my THE HOUSE: A HISTORIC DAY an excellent United States Trade Rep- community.’’ We will denigrate into an resentative. I urge the Congress to embarrassment. The SPEAKER pro tempore (Mr. take prompt and favorable action on So I ask my fellow Members, from all FOLEY). Under a previous order of the this legislation. walks of life, from all localities, to House, the gentleman from Pennsylva- nia [Mr. GEKAS] is recognized for 5 min- WILLIAM J. CLINTON. think first about what is good for utes. THE WHITE HOUSE, January 7, 1997. America, not what is good for the Re- Mr. GEKAS. Mr. Speaker, we have f publican Party or the Democratic Party, what is good for this Nation. A heard several allusions throughout the SPECIAL ORDERS balanced budget, saving our Nation day of the nature of the historic event in which we participated, the election The SPEAKER pro tempore. Under from fiscal crisis. The education of our children, to prepare them for the 21st of the Speaker of the House for the the Speaker’s announced policy of Jan- 105th session. That is more than rhet- uary 7, 1997, and under a previous order century, to prepare them with skills that will give them jobs that will allow oric, Mr. Speaker. of the House, the following Members Have Members ever heard of the will be recognized for 5 minutes each. them to provide for themselves and their families. name of Jonathan Dayton? Jonathan f To reach beyond partisanship, in a Dayton of New Jersey was elected The SPEAKER pro tempore. Under a spirit of cooperation, to fight together Speaker of the House in the fifth ses- previous order of the House, the gentle- against crime that threatens every sion in 1797. So when we say today’s woman from Florida [Mrs. THURMAN] is American, crime in our schools, vio- event was historical, we really mean it. recognized for 5 minutes. lence against our teachers, crimes in It is a repetition of the preservation of [Mrs. THURMAN addressed the our malls and in our communities that our liberties that emanated from the House. Her remarks will appear here- frighten our citizens, regardless wheth- first and second terms of George Wash- after in the Extensions of Remarks.] er they be seniors or young adults. To ington and the Fifth Congress, which marked his exit from public service, f work together on Medicare fraud and abuse, and save our Medicare Program and has run down to today, when we re- TIME TO SOLVE THE NATION’S so that we will have a system that en- peated the process in the preservation PROBLEMS sures that every American will receive of those same liberties which they The SPEAKER pro tempore. Under a Medicare when they grow to the day to fought so hard to create for us in the previous order of the House, the gen- need it. first place. Let us also cause special focus on the So the message for the day for our tleman from Florida [Mr. FOLEY] is constituents is that the election of the recognized for 5 minutes. illnesses that hurt our American citi- Speaker today is a purely political Mr. FOLEY. Mr. Speaker, I am, in zens: AIDS, Alzheimer’s disease, Par- process. When we say ‘‘political proc- fact, delighted to be the first person to kinson’s disease, cancer, leukemia, tu- berculosis, to name but a few. Sudden ess,’’ that does not demean it, because give special orders, and obviously the infant death syndrome, to name an- many in the world today will say, he is gentleman from California [Mr. other. If we would use our energies to a politician, or he is involved in poli- DREIER] was scheduled to be, but he is focus our resources through the Na- tics, denoting the worst in humanity. presiding in the chair. tional Institutes of Health to try and But the preservation of our liberties to I had the great fortune as a freshman find cures for these diseases, we will do which I have made reference, beginning Member of the 104th Congress to be the more for humanity in this Chamber, we with the First Congress and then re- first to deliver a 1-minute speech on will do more for the future of this endorsed in the Fifth Congress and this floor. I return to Congress very world and this Nation than any 5- here today in the 105th, became part proud that the members of the 16th minute speech or any special order or and parcel of our history because of the District have chosen to ask me to serve any rancor or debate. political process it involves. them once again in this very high This Nation has given 435 individuals So we had the spectacle today of the honor in the U.S. Congress. the chance to represent their commu- minority Democrats nominating their We had a lot of debate today, a lot of nities. I know that the Members are up favorite son while the Republicans acrimony, a lot of discussion about the to the task of facing that challenge. I chose to nominate the gentleman from future of this Congress and its Speaker. know that each Member, regardless of Georgia, Mr. GINGRICH. What happened? We have concluded that debate with re- their party, deeply loves this Nation. Through the political process, GING- electing NEWT GINGRICH, the gentleman But I also know that if we proceed in RICH has been elected Speaker of the from Georgia, as Speaker. the 105th as we did in the 104th with House. We should honor that. It is the I implore Members on all sides of the gridlock, acrimony, personal attack, duty and right of the majority to select aisle, both sides of the aisle, that it is and negativity, that none of the suc- one of its own to lead the agenda for now time to come together, in the spir- cesses will be possible. We will be the ensuing Congress, and we have it of this country, in the pride of this mired in failure, mired in debate that done so. Now it is time to put every- Nation, to start solving our Nation’s is nonproductive. So I ask in this first thing aside and proceed with that very problems, to start solving our Nation’s day of the new Congress that we join same agenda. ills, to focus on things that will make together to make every citizen proud I also want to comment on some people’s lives better rather than focus- of the conduct of each individual Mem- other part of the proceedings here ing on things that will destroy people’s ber and all Members of this House; that today that was very important but individual lives. This Chamber and this the Democrats join me in working with very likely accepted by the general Government is bigger than this Mem- Speaker GINGRICH, in assuring that the public, because we have not made it ber, it is bigger than the Speaker, it is Speakership is respected, that the in- clear. When we established the rules of bigger than anybody else’s ego. It is stitution of governance of the House of the House, and the gentleman from about helping Americans help them- Representatives is brought to the high- California [Mr. DREIER, alluded to it in selves. It is about instilling in our chil- est standard, and that we work to- his prefatory remarks during the de- dren a knowledge and a wisdom that gether for all of the best interests of bate on the rules, we were reendorsing, through hard work, you can overcome this Nation. reconfirming here today, historically any adversity. The SPEAKER pro tempore. Under a what the 104th Congress under the ma- But if this Chamber operates much previous order of the House, the gentle- jority Republicans was able to fashion; like it did in the 104th Congress, with woman from Oregon [Ms. FURSE] is rec- and the 104th Congress, one step of bitterness and rancor and personal ani- ognized for 5 minutes. which, in which I was personally in- mosity, we will not set an example for [Ms. FURSE addressed the House. volved and of which I am very proud, is the future leaders of this Nation. We Her remarks will appear hereafter in the elimination of proxy voting in will not set an example for children to the Extensions of Remarks.] committee. H36 CONGRESSIONAL RECORD — HOUSE January 7, 1997 When I came to the Congress, I had a position of the Speaker, the chair of the third out elimination of all private money in general matter that I wanted to put in front of highest elected representative of the people elections. That will eliminate the soft money the Committee on the Judiciary having was called into question. problem and many of the other spectacles we to do with the death penalty for assas- And, Speaker Jim Wright did the right thing. have seen recently. The legislation I am push- sination of the President, God forbid Speaker Wright did what was good for the ing contains a congressional finding that the that that should ever occur, and some House of Representatives and the Nation. He existing system has so corrupted public con- other features. On the first time that I cleared the skies over the speaker's chair. He fidence in its own form of government that proposed this to the Committee on the took himself out of the way of interrupting the Congress must take major steps for campaign Judiciary, I was outvoted 30 to 15. Fif- legislative course that we now are charged finance which so far have been blocked by the teen Republicans voted with me, two with setting. He didn't wait for the Ethics Com- courts. We are doing so because some con- Democrats voted on the other side. mittee to find a stain on the Speaker's chair. stitutional scholars suggest that we may be How could I lose 30 to 15? By the use of He knew in his conscience what was best for able to move the Supreme Court to change its the chairman at that time of the proxy the country and so does every Member in this mind if Congress makes such a finding. But, vote, which he had in hand, and voted body. if the Supreme Court continues to block the his colleagues on the committee no, no, Do we really want to begin the 105th Con- kind of reforms I have in my bill, the bill pro- no, against my proposition. gress with the first mark on the Speaker's vides for an immediate consideration by the We have eliminated that forever. The chair? I think not and I'm sure all right thinking Congress of a constitutional amendment which Committee on Rules was bright enough Members feel the same. Jim Wright knew how would give Congress the authority it needs to to be able to do so. We reendorsed it to bow out with a sense of class and what a regulate campaign spending. today. true ``higher ethical standard'' for the Speaker The only way to fundamentally change the I yield to the gentleman from Cali- really is. current system is to take out all private money fornia [Mr. DREIER]. Do we really want to return to the ``in your from financing general elections. I make no Mr. DREIER. Mr. Speaker, I want to face'' style of politics on the very first day of apology for reaching that conclusion. In a de- congratulate my friend for his very this new Congress? Do we really want to mocracy, elections are not private events; they fine statement. I would say that we did begin a new Congress waiting to see what the are the most public events that occur in our a survey of committee chairmen and Speaker's fate is for his admitted ethical trans- national life. Elections belong to the people others in leadership positions on the gressions? Do we really want to be lead by and they should be financed that way, not by impact of proxy voting, to see whether someone who is destined to be disciplined by the well-heeled and well-connected. or not they liked it. It has made it, in the 105th Congress? The Let the Public Decide Campaign Re- fact, more difficult, but in trying to I respectfully submit that the example of form Act would: get the Congress to comply with the former Speaker Jim Wright is one that needs Forbid all private funding in general elec- laws that other Americans have to to be the model for this righteous body. Any- tions. But, the public must understand that po- comply with, showing up for work thing less is an insult to the dignity and the in- litical campaign cannot be financed through seems to be sort of a natural. We do tegrity of the office of Speaker. immaculate conception. Elections would be fi- have that. Mr. Wright acted on behalf of his country nanced by voluntary contributions from individ- But committee chairmen, in the sur- and stepped aside, Mr. GINGRICH also knows uals to a Grass Roots Good Citizenship Fund. vey that we had that was sent back, the right thing to do. To raise the necessary funding, the Federal overwhelmingly supported the idea of f Election Commission would be required to maintaining the elimination of proxy conduct a major national television advertising LET THE PUBLIC DECIDE voting. My friend was entirely right on campaign informing the public of the oppor- CAMPAIGN FINANCE REFORM ACT that statement. I thank him for his tunity to eliminate the influence of interest compliment. The SPEAKER pro tempore. Under a groups on elections by making voluntary con- Mr. GEKAS. I thank the gentleman. previous order of the House, the gen- tributions to that fund. Those voluntary con- This is a historic day. Speaker Jona- tleman from Wisconsin [Mr. OBEY] is tributions would be supplemented by a one- than Dayton in 1797, the Speaker of the recognized for 5 minutes. tenth of 1 percent to be paid by all corpora- House duly elected by a political proc- Mr. OBEY. Mr. Speaker, today I am intro- tions with profits above $10 million. ess then in the Fifth Congress, would ducing the Let the Public Decide Campaign Fi- Eliminate the ``soft money'' loophole, which be proud of us if he were here today. nance Reform Act. Two developments over allows huge amounts of money from wealthy We have adopted rules, put our election the last year have demonstrated that for all individuals and corporations to go to political of committee people into action, and practical purposes there are no longer any parties and benefit congressional candidates. now we are prepared for the work of campaign finance rules in this country. One Establish spending limits on how much con- the people and the agenda of the 105th development is the series of court decisions gressional candidates can spend, with some Congress. which have resulted in special interest groups flexibility because of the different costs to run The SPEAKER pro tempore. Under a being able to get around virtually all limits of for office in different parts of the country. previous order of the House, the gentle- existing campaign finance law. They are al- Allow the American public to determine the woman from Texas [Ms. JACKSON-LEE] lowed to do so by engaging in so called inde- amount of money each candidate receives in is recognized for 5 minutes. pendent expenditures or by issuing promotion the general election by basing the amount on Ms. JACKSON-LEE of Texas. Mr. Speaker, schemes which maintain the fiction that such the electoral support that the candidate or his I rise today because we are about to begin the groups are not involved in individual cam- preceding party nominees received in that dis- work of the people's business and all is not paigns. The second development is the recent trict over the last 5 elections. It would also right in the House of the people. All is not right series of news stories involving large contribu- allow third-party and independent candidates with the person who is supposed to lead the tions of so-called soft money to both political to receive public funding based on their dem- 105th Congress to do the business of the peo- parties. The result is that wealthy people and onstrated public support. ple. There is a cloud hanging over the chair of groups can skirt the intention of Congress to Allow private money to be contributed only the Speaker, a cloud that has never existed in limit the amount of influence that wealthy indi- to primary elections based on the principle the history of this Chamber of the people, a viduals or organizations can have on the politi- that each political party has its own basic con- chamber that is constitutionally charged to cal process. stituencies, and that the parties themselves carry out the sacred business of representa- Merely tinkering with existing campaign laws have a role in deciding how their own nomi- tive democracy. will have no real effect. It will do no good for nees are chosen; And yet, we are asked to carry on the peo- instance, to pass feel good legislation which Distinguish in primary elections between ple's business like nothing happened, like we would cut the $5,000 limit on contributions by broad-based ``little people'' PAC's and ``High haven't swept anything under the rug, like the political action committees if companies who Roller'' PAC's, and limit contributions from faint odor of a political deal is not seeping into finance those political action committees can ``High Roller'' PAC's. this hallowed Chamber. make indirect expenditures 20 or 30 times as Under my bill, the American people them- Mr. Speaker, I am reminded of the time large through other means. selves would actually be able to decide how when a fellow Texan, Jim Wright sat up there For me, the last election was the last straw much will be spent on congressional cam- under similar circumstances. There was a time on campaign finance. I honestly believe that paigns and how much each candidate will re- when a cloud hung over his head, when the this problem can only be addressed with a flat ceive. Democracy cannot function if American January 7, 1997 CONGRESSIONAL RECORD — HOUSE H37 citizens do not themselves take responsibility they want to sell and have a lower rate Mr. MCCOLLUM. Mr. Speaker, I take for supporting the most public events that on capital gains for. I want them to be this opportunity to have this few min- occur in this countryÐour own national elec- able to make that decision themselves. utes of conversation about a very im- tions. In the past we have heard that there portant topic on this first day of Con- f is a tremendous cost to reducing the gress. Just a couple of days ago, on tax rate on capital gains. The fact of January 3d of this year, President Clin- REDUCING THE TAX RATE ON the matter is we have, with this bill, ton announced his decision to suspend CAPITAL GAINS done a great deal of study on it. It is for the second time Title III of what is The SPEAKER pro tempore. Under a not only a theoretical study, but it is known as the Cuban Liberty and Demo- previous order of the House, the gen- empirical evidence which has shown, cratic Solidarity Act, otherwise known tleman from California [Mr. DREIER] is going all the way back to 1921 when as the Helms-Burton law. This is a very recognized for 5 minutes. Andrew Mellon was Treasury Secretary significant event, and one which I fear Mr. DREIER. Mr. Speaker, I have under President Warren G. Harding, re- is going to lead to lots more problems taken out this special order, and as we ducing that top rate increases revenues rather than solutions with relation- all saw, I got in the chair before I was to the Treasury. John F. Kennedy we ships that we have in this western able to deliver it, so I am pleased that know did it in the early 1960’s, Ronald hemisphere, with the United States my friend, the gentleman from Florida, Reagan did it in the 1980’s, and we have and Cuba and our allies. was able to deliver the first special a good opportunity to do this today. Let me explain this and put it in con- order of the 105th Congress. What will it create? It will create, I text. Cuba has been a dictatorship Mr. Speaker, I have taken this time believe, a tremendous flow in revenues under Fidel Castro for some 37 years. out to talk about legislation which I to the Treasury. Why? Because there is During that time I think the world is very proudly introduced today with a between $7 trillion and $8 trillion of fully aware of the many human rights number of my colleagues. We know locked-in capital that is there. People violations this dictator has committed that the message that came from last are not willing to sell it because of the and his regime has committed. I think November’s election was that the punitive tax rate that exists. So, clear- the world is probably also fully aware American people want us to put the ly in the first years we would see a that Cuba and Fidel Castro remain partisan political pyrotechnics aside great boost. only one of two Communist dictator- and they want us to do a job. In 1993, when I assembled the zero ships left after the fall of the Soviet I am very gratified that we saw capital gains tax caucus, we found over Union and changes around the world Democrats and Republicans alike, em- a 7-year period a 15-percent capital and tendencies towards more democ- brace what for lack of a better term, gains tax rate would increase the gross racies, as we have seen in the last dec- have to be considered traditional Re- domestic product by $1.3 trillion, cre- ade or so. publican themes. The themes that the ate 1 million jobs, and generate $220 It is shameful that we have today, President ran on, the themes that Re- billion in revenues to the Federal only 90 miles across the ocean from the publicans and many Democratic can- Treasury. United States, just 90 miles away, a didates for Congress ran on, were bal- I am convinced that we can do this in Communist dictatorship of the nature ancing the budget, trying to reduce the a bipartisan way, so much so that of Fidel Castro runs. We have tried over size and scope of government, reducing the original cosponsors, there are two the years since the failure of the Bay of the tax burden on working Americans. Republicans and three Democrats. I am Pigs, which indeed was tragic and a Those are the sorts of things that I be- very pleased that my colleague, the shameful part of our history, frankly, lieve a majority of this institution gentlewoman from Kansas City, MO, that we did not support that invasion want to see us deal with. KAREN MCCARTHY, has joined as a lead fully as it should have been supported. I think we do have an opportunity to cosponsor of this; a great member of We have tried numerous times since proceed in a bipartisan way. We have the Committee on Ways and Means, the then in small, incremental ways, to ei- gone through an extraordinarily dif- gentleman from Pennsylvania, PHIL ther oust Fidel Castro or to change his ficult and challenging day, and the ENGLISH, who is beginning his second policies. It should be abundantly clear next couple of weeks are going to be term, has joined in this; the gentleman to anyone who has observed this man tough, but I hope and pray that we will from Virginia, Mr. JIM MORAN, a Demo- over the years that he is not about to be able to put the battles that we have crat, has joined as an original cospon- change his stripes. He is not about to seen in the media over the past couple sor; and the leader of the Blue Dogs on give up his ruthless power. He is not of weeks behind us and do what I be- this issue is the gentleman from Texas, going to do that voluntarily at least. lieve the American people want us to Mr. RALPH HALL. So we have three For those who wish democracy in do, and that is govern. Democrats and two Republicans. Cuba, I can only say I hope there is de- I have done what I believe is my bit While some pundits out there may mocracy, like you do, but it is wishful here on the opening day. I am very like to argue that the era of bipartisan- thinking if you think it is going to pleased that I was able to join with ship is over, they are wrong, because come about as long as Fidel Castro is Democrats and Republicans in intro- on the opening day we have begun in a in power. The only way to see democ- ducing legislation which will go a long bipartisan way to deal with this very racy in Cuba and to see our hemisphere way toward dealing with one of the important question of reducing that Democratic and to have normal rela- problems that we have in this country, top rate on capital gains to help mid- tions again with that small Nation and that is lack of available capital. dle-income wage earners and all Ameri- state to the south is for Fidel Castro to What I have done is introduced a bill cans, and those at the bottom end of leave office and for those who sup- which is numbered H.R. 14. It is H.R. 14 the spectrum, as we try to get capital ported him for all these years to end because it is going to take the top 28- into the inner city and other spots that support. percent rate on capital gains and re- which are desperately in need, as Let me tell the Members the biggest duce that to 14 percent as a top rate. Speaker GINGRICH mentioned in his ac- problem facing us in seeing that ac- In years past we have heard this ceptance speech today. complished in the current time frame. rhetoric that reducing the tax on cap- Mr. Speaker, I wish everyone a very It is not from the Soviet Union. It does ital gains is nothing but a tax cut for happy, prosperous, and healthy 1997. not exist anymore. It is not from Rus- the rich. But I was gratified that in the f sia. It is not from some far-flung place. Presidential campaign, Bill Clinton It is from our allies in Europe and in talked about reducing the tax rate on AMERICA’S POLICIES IN CUBA Canada and in Mexico who supply the capital gains for homeowners. He want- The SPEAKER pro tempore. Under currency, who supply the economic ed to target it. I happen to believe very the Speaker’s announced policy of Jan- support necessary to prop up this re- strongly that rather than targeting it, uary 7, 1997, the gentleman from Flor- gime, either directly through their we should allow the American people ida [Mr. MCCOLLUM] is recognized for 20 governments, or more frequently, to make a determination as to exactly minutes as the designee of the major- through companies or business entities which capital asset they have that ity leader. that invest in Cuba that are involved H38 CONGRESSIONAL RECORD — HOUSE January 7, 1997 in providing the liquidity and the cap- the noose is tied tightly enough around to waive it, then I would suggest it is ital that allow him to continue to Castro and the current Cuban regime within our power and this Congress exist. that he is ousted and that a new gov- should pass a law that says that that He makes modest changes in how he ernment comes into place. The econ- provision of title III is no longer eligi- does business, which have no bearing in omy of that country is dependent upon ble for waiver, that it indeed is the law reality upon ever becoming truly these investments and anything we can of this land, that Americans who for- democratic or allowing a true market do to stop the money from flowing and merly had an interest in Cuba can sue system to work, and he is given a re- the support from flowing into this gov- foreign companies investing in those ward to do this by the continued open ernment and into its economy is essen- property interests in Cuba, to heck door policies of these allies who pour tial and important and critical, not with what the President has to say these dollars in through the businesses only to the freedom-loving people who about it. He should not even have a say that operate there. want to be free in Cuba, Cuban Ameri- at all, if that is the way he is going to In Title III of the law that is known cans and Cubans everywhere, but also act on this proposition. as Helms-Burton that was passed by to America, the United States’ na- I would urge my colleagues to exam- the last Congress, there was a provi- tional security interest. ine it. It is a very important ingredient sion very important to stopping this. I submit that the President has also in our foreign policy. We should never That provision stated that an Amer- played a lot of politics with this. He have allowed a dictatorship to exist for ican business or an individual who had has indicated that while he is only 37 years of such a vile nature as we been harmed because a business at one doing it for 6 months that he plans to have in Castro south of here, just 90 time before Castro in Cuba that was make this suspension indefinite, that miles off our coast. And there is no rea- American had been confiscated by Cas- he apparently has no intention of ever son, no reason to allow our allies and tro, confiscated by the Cuban govern- letting title III become law and effec- their business interests to continue to ment after the revolution that brought tive and allow these lawsuits to take prop up that dictatorship with its Castro to power, a person, an American place. That is not what he indicated human rights violations any longer. situated in this case, either a business when he first signed that bill. There The time has long since passed to do or an individual, could sue a company was no indication of that. He said to something about it. Let us act in this or a business in another nation, Europe the Cubans of the world and the Cuban Congress to force the hand of this or Canada or Mexico or wherever, who American community in particular, I President and to allow American citi- did business by investing in and sup- am signing Helms-Burton, I am proud zens to sue, at the very least to try to porting in some way the business en- of it, support me in the next election, bring some pressure that can be legiti- tity that had been confiscated that had support my party in the next election mately brought on the Cuban regime in previously been an American-owned and you will see that I am true to my addition to enforcing the embargo and business in Cuba; sue in the courts of word and we will tighten the noose whatever else we can do within our the United States for damages, sue in around Castro and bring about more powers. order to be able to recover the lost democracy. f value of the property that had been Oh, I know there are those who are confiscated from the companies doing going to say, well, there is some bar- SPECIAL ORDERS GRANTED business to allow Cuba to continue to gaining going on, there is some quid By unanimous consent, permission to exist by propping up the confiscated pro quo, there is some progress being address the House, following the legis- property and the business that might made, and so on and so forth. lative program and any special orders have been confiscated, if you will. There is no real progress being made. heretofore entered, was granted to: What President Clinton has done is Castro’s playing us for a sucker, if that (The following Members (at the re- succumbed to our allies who have said, is the case, and this administration is quest of Mr. JOHN) to revise and extend oh, this is horrible. You are going to blind to that fact. You cannot have their remarks and include extraneous allow our businesses in our countries your cake and eat it, too, Mr. Presi- material:) to be sued for damages by American dent. You must understand that if we Ms. THURMAN, for 5 minutes, today. citizens because they are investing in are to end this tyrannical dictatorship Ms. FURSE, for 5 minutes, today. Cuba and in formerly American prop- south of the United States, only 90 Ms. JACKSON-LEE of Texas, for 5 min- erty interests in Cuba. miles off our coast, a true embargo has utes, today. And President Clinton, who has the to be enforced, a true economic embar- Mr. OBEY, for 5 minutes, today. power under this bill, and I am not at go. And this provision, this title III (The following Members (at the re- all sure he ought to have it, but he has provision of the Helms-Burton law al- quest of Mr. GEKAS) to revise and ex- the power under this bill for every 6- lowing Americans to sue in court com- tend their remarks and include extra- month period to waive these provi- panies abroad that are doing business neous material:) sions, just on January 3d, a few days and investing in American interests, Mr. DREIER, for 5 minutes, today. ago, January 3d of this year, for the formerly American interests in Cuba, Mr. FOLEY, for 5 minutes, today. second time since Helms-Burton has has to be allowed to go forward. And if Mr. RIGGS, for 5 minutes, on January been the law, chose to waive it and say it does, then and only then do we have 9. we are not going to enforce that at this a chance of ousting Castro in some Mr. GEKAS, for 5 minutes, today. point in time. more peaceable manner other than f short of some invading force, which b 1815 EXTENSION OF REMARKS none of us are predicting or expecting There can be no lawsuits, no litiga- or advocating. By unanimous consent, permission to tion in American courts against for- But we do need to do what we have to revise and extend remarks was granted eign corporations, foreign business in- do, and I believe, Mr. President, that to: terests that invest in previously owned you have made a very big mistake in (The following Members (at the re- American property in Cuba or Amer- this regard, and I think it borders upon quest of Mr. JOHN) and to include ex- ican interests in Cuba. That is a hor- hypocrisy for others to say that this is traneous material:) rible decision by the President. It is a wonderful piece of legislation and Mr. MATSUI. outrageous what he did. It is some- then we are not going to let it go into Mrs. MEEK of Florida. thing that kowtows to the big business play and not going to enforce it. That Mr. KLECZKA. interests of our allies and is detrimen- is exactly what some have said. Mr. CONDIT. tal to everything that we believe in I hope and pray that my colleagues Mr. LANTOS. and to the best interests of our na- will join with me in the next few Mr. POMEROY. tional security and our interests in months as we go back and revisit this Mr. MENENDEZ. this hemisphere. issue legislatively. If the President is Mr. VENTO. Our interest is in having democracy not willing to enforce title III of Ms. DELAURO. in Cuba and that can only happen when Helms-Burton and is going to continue Ms. ESHOO. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H39

Mr. MCGOVERN. ceived October 14, 1996, pursuant to 5 U.S.C. 14. A letter from the Administrator, Agri- Mr. OBEY. 801(a)(1)(A); to the Committee on Agri- cultural Marketing Service, transmitting Mr. MILLER of California. culture. the Service’s final rule—Fresh Fruits, Vege- 4. A letter from the Administrator, Agri- tables and Other Products (Inspection, Cer- Mrs. MALONEY. cultural Marketing Service, transmitting tification, and Standards) [Docket No. FV– Mr. FILNER. the Service’s final rule—Domestically Pro- 95–306] received October 16, 1996, pursuant to Mr. STARK. duced Peanuts Handled by Persons Subject 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. DINGELL. to Peanut Marketing Agreement No. 146; Agriculture. Mr. POSHARD. Changes in Terms and Conditions of Indem- 15. A letter from the Administrator, Agri- Ms. SLAUGHTER. nification [Docket No. FV96–998–3 FR] re- cultural Marketing Service, transmitting Ms. KAPTUR. ceived October 29, 1996, pursuant to 5 U.S.C. the Service’s final rule—Assessment Rate for 801(a)(1)(A); to the Committee on Agri- Domestically Produced Peanuts Handled by Mr. NEAL of Massachusetts. culture. Persons Not Subject to Peanut Marketing (The following Members (at the re- 5. A letter from the Administrator, Agri- Agreement No. 146 and for Marketing Agree- quest of Mr. GEKAS) and to include ex- cultural Marketing Service, transmitting ment No. 146 Regulating the Quality of Do- traneous material:) the Service’s final rule—Milk in the Iowa mestically Produced Peanuts [Docket No. Mr. GILMAN in five instances. Marketing Area; Revision of Pool Supply FV96–998–2 FIR] received November 25, 1996, Mr. GALLEGLY. Plant Shipping Percentage [DA–96–11] re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. SOLOMON. ceived October 30, 1996, pursuant to 5 U.S.C. mittee on Agriculture. Mr. SHUSTER. 801(a)(1)(A); to the Committee on Agri- 16. A letter from the Administrator, Agri- culture. cultural Marketing Service, transmitting Mr. YOUNG of Alaska in three in- 6. A letter from the Administrator, Agri- the Service’s final rule—Oranges and Grape- stances. cultural Marketing Service, transmitting fruit Grown in the Lower Rio Grande Valley Mr. BEREUTER in two instances. the Service’s final rule—Tomatoes Grown in in Texas; Revision of Pack and Size Require- Mr. MCCOLLUM in ten instances. Florida; Partial Exemption from the Han- ments [Docket No. FV96–906–3 FIR] received Mr. CRAPO in two instances. dling Regulation for Single Layer and Two November 25, 1996, pursuant to 5 U.S.C. Mr. HAYWORTH. Layer Place Packed Tomatoes [Docket No. 801(a)(1)(A); to the Committee on Agri- Mr. DAVIS of Virginia. FV96–966–2 IFR] received October 30, 1996, culture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 17. A letter from the Administrator, Agri- Mr. QUINN in two instances. mittee on Agriculture. cultural Marketing Service, transmitting Mr. EHLERS. 7. A letter from the Administrator, Agri- the Service’s final rule—Domestic Dates Mr. KING. cultural Marketing Service, transmitting Produced or Packed in Riverside County, Mr. BARTON of Texas. the Service’s final rule—Onions Grown in California; Assessment Rate [Docket No. Mr. ARCHER. Certain Designated Counties in Idaho, and FV96–987–1 FIR] received November 21, 1996, Mrs. KELLY. Malheur County, Oregon; Relaxation of Pack pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. PITTS in two instances. and Marking Requirements [Docket No. mittee on Agriculture. FV96–958–3 FIR] received October 9, 1996, pur- 18. A letter from the Administrator, Agri- Mrs. JOHNSON of Connecticut. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- cultural Marketing Service, transmitting Mr. RADANOVICH. tee on Agriculture. the Service’s final rule—Walnuts Grown in Mrs. CUBIN. 8. A letter from the Administrator, Agri- California; Assessment Rate [Docket No. Ms. ROS-LEHTINEN. cultural Marketing Service, transmitting FV96–984–1 IFR] received December 2, 1996, Mr. GEKAS. the Service’s final rule—Raisins Produced pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mrs. ROUKEMA. From Grapes Grown in California; Assess- mittee on Agriculture. Ms. DUNN of Washington. ment Rate [Docket No. FV96–989–3 IFR] re- 19. A letter from the Administrator, Agri- Mr. CUNNINGHAM in eight instances. ceived October 9, 1996, pursuant to 5 U.S.C. cultural Marketing Service, transmitting 801(a)(1)(A); to the Committee on Agri- the Service’s final rule—Limes Grown in Mr. GOODLING. culture. Florida and Imported Limes; Increase in the Mr. BAKER in two instances. 9. A letter from the Administrator, Agri- Minimum Size Requirement [Docket No. f cultural Marketing Service, transmitting FV96–911–1FR] received December 6, 1996, the Service’s final rule—Assessment Rates pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ADJOURNMENT for Specified Marketing Orders [Docket No. mittee on Agriculture. FV96–927–2 FIR] received October 9, 1996, pur- 20. A letter from the Administrator, Agri- Mr. MCCOLLUM. Mr. Speaker, I suant to 5 U.S.C. 801(a)(1)(A); to the Commit- cultural Marketing Service, transmitting move that the House do now adjourn. tee on Agriculture. the Service’s final rule—Oranges and Grape- The motion was agreed to; accord- 10. A letter from the Administrator, Agri- fruit Grown in the Lower Rio Grande Valley ingly (at 6 o’clock and 20 minutes cultural Marketing Service, transmitting in Texas; Change in Reporting Requirements p.m.), under its previous order, the the Service’s final rule—Milk in the Eastern [Docket No. FV96–906–2 FR] received Decem- House adjourned until Thursday, Janu- Colorado Marketing Area; Suspension of Cer- ber 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); ary 9, 1997, at 12 noon. tain Provisions of the Order [DA–96–13] re- to the Committee on Agriculture. ceived October 25, 1996, pursuant to 5 U.S.C. 21. A letter from the Administrator, Agri- f 801(a)(1)(A); to the Committee on Agri- cultural Marketing Service, transmitting EXECUTIVE COMMUNICATIONS, culture. the Service’s final rule—Oranges, Grapefruit, 11. A letter from the Administrator, Agri- Tangerines, and Tangelos Grown in Florida; ETC. cultural Marketing Service, transmitting and Import Regulations (Grapefruit); Relax- Under clause 2 of rule XXIV, execu- the Service’s final rule—Olives Grown in ation of the Minimum Size Requirement for tive communications were taken from California and Imported Olives; Establish- Red Grapefruit [Docket No. FV96–905–4 IFR] the Speaker’s table and referred as fol- ment of Limited-Use Olive Grade and Size received December 6, 1996, pursuant to 5 Requirements [Docket No. FV96–932–3 FIR] lows: U.S.C. 801(a)(1)(A); to the Committee on Ag- received October 25, 1996, pursuant to 5 riculture. 1. A letter from the Secretary of Agri- U.S.C. 801(a)(1)(A); to the Committee on Ag- 22. A letter from the Administrator, Agri- culture, transmitting the annual report on riculture. cultural Marketing Service, transmitting foreign investment in U.S. agricultural land 12. A letter from the Administrator, Agri- the Service’s final rule—Almonds Grown in through December 31, 1995, pursuant to 7 cultural Marketing Service, transmitting California; Interest and Late Payment U.S.C. 3504; to the Committee on Agri- the Service’s final rule—Kiwifruit Grown in Charges on Past Due Assessments [Docket culture. California; Reduction of Reporting Require- No. FV96–981–4 FR] received December 6, 2. A letter from the Administrator, Agri- ments [Docket No. FV96–920–3 IFR] received 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the cultural Marketing Service, transmitting October 19, 1996, pursuant to 5 U.S.C. Committee on Agriculture. the Service’s final rule—Almonds Grown in 801(a)(1)(A); to the Committee on Agri- 23. A letter from the Administrator, Agri- California; Change in Quality Control Re- culture. cultural Marketing Service, transmitting quirements [Docket No. FV96–981–3FIR] re- 13. A letter from the Administrator, Agri- the Service’s final rule—Raisins Produced ceived October 14, 1996, pursuant to 5 U.S.C. cultural Marketing Service, transmitting From Grapes Grown in California; Assess- 801(a)(1)(A); to the Committee on Agri- the Service’s final rule—Regulations Issued ment Rate [Docket No. FV96–989–3 FIR] re- culture. Under the Export Grape and Plum Act; Ex- ceived December 6, 1996, pursuant to 5 U.S.C. 3. A letter from the Administrator, Agri- emption from Size Regulations for Black 801(a)(1)(A); to the Committee on Agri- cultural Marketing Service, transmitting Corinth Grapes [Docket No. FV96–35–1 IFR] culture. the Service’s final rule—Irish Potatoes received October 16, 1996, pursuant to 5 24. A letter from the Administrator, Agri- Grown in Maine; Termination of Marketing U.S.C. 801(a)(1)(A); to the Committee on Ag- cultural Marketing Service, transmitting Order No. 950 [Docket No. FV95–950–1FR] re- riculture. the Service’s final rule—Kiwifruit Grown in H40 CONGRESSIONAL RECORD — HOUSE January 7, 1997 California; Reduction of Reporting Require- mission, transmitting the Commission’s ting the Agency’s final rule—Triadimefon; ments [Docket No. FV–96–920–3 FIR] received final rule—Report for Commission Interpre- Pesticide Tolerance for Emergency Exemp- December 12, 1996, pursuant to 5 U.S.C. tation (Appendix A to Part 3 of Commission tions [FRL–5574–8] received November 26, 801(a)(1)(A); to the Committee on Agri- Regulations) received November 13, 1996, pur- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the culture. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Committee on Agriculture. 25. A letter from the Congressional Review tee on Agriculture. 46. A letter from the Director, Office of Coordinator, Animal and Plant Health In- 36. A letter from the Under Secretary for Regulatory Management and Information, spection Service, transmitting the Service’s Food, Nutrition, and Consumer Services, De- Environmental Protection Agency, transmit- final rule—Commuted Traveltime Periods: partment of Agriculture, transmitting the ting the Agency’s final rule—Metalochlor Overtime Services Relating to Imports and Department’s ‘‘Major’’ final rule—Child Sup- Pesticide Tolerance; Emergency Exemption Exports [Docket No. 96–074–1] received No- port Deduction (RIN: 9584–AB58) received Oc- For Use on Spinach [FRL–5574–7] November vember 19, 1996, pursuant to 5 U.S.C. tober 8, 1996, pursuant to 5 U.S.C. 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Agri- the Committee on Agriculture. culture. culture. 47. A letter from the Chairman and Chief 26. A letter from the Congressional Review 37. A letter from the Under Secretary for Executive Officer, Farm Credit Administra- Coordinator, Animal and Plant Health In- Food, Nutrition, and Consumer Services, De- tion, transmitting the Administration’s final spection Service, transmitting the Service’s partment of Agriculture, transmitting the rule—Funding and Fiscal Affairs, Loan Poli- final rule—Importation of Horses from CEM Department’s final rule—Simplification of cies and Operations, and Funding Oper- Countries [Docket No. 95–054–2] received Oc- Program Rules (RIN: 0584–AB60) (Amend- ations; Book-entry Procedures for Farm tober 16, 1996, pursuant to 5 U.S.C. ment No. 364) received October 8, 1996, pursu- Credit Securities (RIN: 3052–AB73) received 801(a)(1)(A); to the Committee on Agri- ant to 5 U.S.C. 801(a)(1)(A); to the Committee December 17, 1996, pursuant to 5 U.S.C. culture. on Agriculture. 801(a)(1)(A); to the Committee on Agri- 27. A letter from the Congressional Review 38. A letter from the Under Secretary for culture. Coordinator, Animal and Plant Health In- Food, Nutrition, and Consumer Services, De- 48. A letter from the Chairman and Chief spection Service, transmitting the Service’s partment of Agriculture, transmitting the Executive Officer, Farm Credit Administra- final rule—Brucellosis in Cattle; State and Department’s final rule—Treatment of Edu- tion, transmitting the Administration’s final Area Classifications; Louisiana [Docket No. cational and Training Assistance (RIN: 0584– rule—Organization and Functions; Privacy 96–043–1] received October 30, 1996, pursuant AB93) (Amendment No. 374) received October Act Regulations; Organization; Loan Policies to 5 U.S.C. 801(a)(1)(A); to the Committee on 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to and Operations; Funding and Fiscal Affairs, Agriculture. the Committee on Agriculture. Loan Policies and Operations, and Funding 28. A letter from the Congressional Review 39. A letter from the Under the Secretary Operations; General Provisions; Definitions Coordinator, Animal and Plant Health In- for Food, Nutrition, and Consumer Services, (RIN: 3052–AB61) received December 17, 1996, spection Service, transmitting the Service’s Department of Agriculture, transmitting the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- final rule—Japanese Beetle; Domestic Quar- Department’s final rule—Food Stamp Pro- mittee on Agriculture. antine and Regulations [Docket No. 95–087–2] gram, Regulatory Review: Alaska, the Com- 49. A letter from the Chairman and Chief received November 2, 1996, pursuant to 5 monwealth of the Northern Mariana Islands, Executive Officer, Farm Credit Administra- U.S.C. 801(a)(1)(A); to the Committee on Ag- Puerto Rico, and Demonstration Projects tion, transmitting the Administration’s final riculture. (RIN: 0584–AC14) (Amendment No. 371) re- rule—Accounting and Reporting Require- 29. A letter from the Congressional Review ceived November 19, 1996, pursuant to 5 ments (RIN: 3052–AB54) received December Coordinator, Animal and Plant Health In- U.S.C. 801(a)(1)(A); to the Committee on Ag- 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to spection Service, transmitting the Service’s riculture. the Committee on Agriculture. final rule—Viruses, Serums, Toxins, and 40. A letter from the Under Secretary for 50. A letter from the Acting Administrator, Analogous Products; Licenses, Inspections, Food, Nutrition, and Consumer Services, De- Farm Service Agency, transmitting the Records, and Reports [Docket No. 93–072–2] partment of Agriculture, transmitting the Agency’s final rule—Disaster Reserve Assist- received October 16, 1996, pursuant to 5 Department’s ‘‘Major’’ final rule—Food ance Program—received October 24, 1996, U.S.C. 801(a)(1)(A); to the Committee on Ag- Stamp Program: Certification Provisions of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- riculture. the Mickey Leland Childhood Hunger Relief mittee on Agriculture. 30. A letter from the Congressional Review Act (RIN: 0584–AB76) (Amendment No. 375) 51. A letter from the Acting Administrator, Coordinator, Animal and Plant Health In- received October 8, 1996, pursuant to 5 U.S.C. Farm Service Agency, transmitting the spection Service, transmitting the Service’s 801(a)(1)(A); to the Committee on Agri- Agency’s final rule—1996 Marketing Quotas final rule—Commuted Traveltime Periods; culture. and Price Support Levels for Fire-Cured Overtime Services Relating to Imports and 41. A letter from the Under Secretary for (type 21), Fire-Cured (types 22–23), Dark Air- Exports [Docket No. 95–049–1] received Octo- Food, Nutrition, and Consumer Services, De- Cured (types 35–36 , Virginia Sun-Cured (type ber 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); partment of Agriculture, transmitting the 37), Cigar-Filler and Binder (types 42–44 and to the Committee on Agriculture. Department’s final rule—Monthly Reporting 53–55), and Cigar-Filler (type 46) tobaccos 31. A letter from the Congressional Review on Reservations Provision of the Food (RIN: 0560–AE46) received November 25, 1996, Coordinator, Animal and Plant Health In- Stamp Program Improvements Act of 1994 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- spection Service, transmitting the Service’s (RIN: 0584–AB98) (Amendment No. 365) re- mittee on Agriculture. final rule—Exotic Newcastle Disease in Birds ceived October 8, 1996, pursuant to 5 U.S.C. 52. A letter from the Acting Administrator, and Poultry; Chlamydiosis in Poultry [Dock- 801(a)(1)(A); to the Committee on Agri- Farm Service Agency, transmitting the et No. 87–090–3] received November 5, 1996, culture. Agency’s final rule—1996-Crop Peanuts pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 42. A letter from the Director, Office of Amended National Poundage Quota (RIN: mittee on Agriculture. Regulatory Management, Environmental 0560–AE45) received November 25, 1996, pursu- 32. A letter from the Congressional Review Protection Agency, transmitting the Agen- ant to 5 U.S.C. 801 (a)(1)(A); to the Commit- Coordinator, Animal and Plant Health In- cy’s final rule—Propiconazole; Pesticide Tol- tee on Agriculture. spection Service, transmitting the Service’s erances for Emergency Exemptions (RIN: 53. A letter from the Acting Administrator, final rule—CEM; Remove Interstate Move- 2070–AB78) received November 21, 1996, pursu- Farm Service Agency, transmitting the ment Regulations [Docket No. 96–040–1] re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Agency’s final rule—Dairy Indemnity Pay- ceived October 18, 1996, pursuant to 5 U.S.C. on Agriculture. ment Program [Workplan Number 96–050] 801(a)(1)(A); to the Committee on Agri- 43. A letter from the Director, Office of (RIN: 0560–AE97) received December 6, 1996, culture. Regulatory Management and Information, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 33. A letter from the Congressional Review Environmental Protection Agency, transmit- mittee on Agriculture. Coordinator, Animal and Plant Health In- ting the Agency’s final rule—Imidacloprid 54. A letter from the Administrator, For- spection Service, transmitting the Service’s Pesticide Tolerance; Emergency Exemptions eign Agricultural Service, transmitting the final rule—Brucellosis in Cattle; State and [FRL–5575–1] received November 26, 1996, pur- Service’s final rule—Agreements for the De- Area Classifications; New Mexico [Docket suant to 5 U.S.C. 801(a)(1)(A); to the Commit- velopment of Foreign Markets for Agricul- No. 96–045–1] received November 19, 1996, pur- tee on Agriculture. tural Commodities (RIN: 0551–AA24) received suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 44. A letter from the Director, Office of October 8, 1996, pursuant to 5 U.S.C. tee on Agriculture. Regulatory Management and Information, 801(a)(1)(A); to the Committee on Agri- 34. A letter from the Acting Executive Di- Environmental Protection Agency, transmit- culture. rector, Commodity Futures Trading Com- ting the Agency’s final rule—Tebufenozide; 55. A letter from the Administrator, For- mission, transmitting the Commission’s Pesticide Tolerance for Emergency Exemp- eign Agricultural Service, transmitting the final rule—Correction of Trading Records (17 tions [FRL–5574–9] received November 26, Service’s final rule—Agreements for the De- CFR Part 1) received November 7, 1996, pur- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the velopment of Foreign Markets for Agricul- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Committee on Agriculture. tural Commodities (RIN: 0551–AA24) received tee on Agriculture. 45. A letter from the Director, Office of November 21, 1996, pursuant to 5 U.S.C. 35. A letter from the Acting Executive Di- Regulatory Management and Information, 801(a)(1)(A); to the Committee on Agri- rector, Commodity Futures Trading Com- Environmental Protection Agency, transmit- culture. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H41 56. A letter from the Administrator, For- fense, transmitting a report on a violation of Notice of Termination [DFARS Case 96–D320] eign Agricultural Service, transmitting the the Anti-Deficiency Act—Army violation, received December 4, 1996, pursuant to 5 Service’s final rule—Foreign Donation of Ag- case No. 96–05, which totaled $126,193, oc- U.S.C. 801(a)(1)(A); to the Committee on Na- ricultural Commodities [7 CFR Part 1499] re- curred at a regional contracting office in tional Security. ceived December 3, 1996, pursuant to 5 U.S.C. Brussels, Belgium, when the Procurement 76. A letter from the Director, Defense Pro- 801(a)(1)(A); to the Committee on Agri- Contracting Branch Chief obligated fiscal curement, Department of Defense, transmit- culture. year 1993 Defense-wide appropriations for ting the Department’s final rule—Defense 57. A letter from the Administrator, Grain severable service contracts to meet require- Federal Acquisition Regulation Supplement; Inspection, Packers and Stockyards Admin- ments properly chargeable to the fiscal year Individual Compensation [DFARS Case 96– istration, transmitting the Administration’s 1994 Defense-wide appropriation, pursuant to D330] received December 11, 1996, pursuant to final rule—Clear Title—Protection for Pur- 31 U.S.C. 1517(b); to the Committee on Appro- 5 U.S.C. 801(a)(1)(A); to the Committee on chasers of Farms Products (RIN: 0580–AA13) priations. National Security. received October 15, 1996, pursuant to 5 66. A letter from the Secretary of Trans- 77. A letter from the Director of Office of U.S.C. 801(a)(1)(A); to the Committee on Ag- portation, transmitting a report of a viola- Administration and Management, Depart- riculture. tion of the Anti-Deficiency Act—Department ment of Defense, transmitting the Depart- 58. A communication from the President of of Transportation, Office of the Secretary, ment’s final rule—Civilian Health and Medi- the United States, transmitting a report of transportation planning, research and devel- cal Program of the Uniformed Services seven new deferrals of budgetary resources, opment account [TPR&D], appropriations (CHAMPUS); Five Separate Changes [DOD totaling $3.5 billion—received in the U.S. symbol 69X0142, in fiscal year 1994, in the 6010.8–R] (RIN: 0720–AA26) received December House of Representatives December 5, 1996, amount of $928,423, pursuant to 31 U.S.C. 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to pursuant to 2 U.S.C. 684(a) (H. Doc. No. 105– 1517(b); to the Committee on Appropriations. the Committee on National Security. 15); to the Committee on Appropriations and 67. A communication from the President of 78. A communication from the President of ordered to be printed. the United States, transmitting a report cer- the United States, transmitting a report pur- 59. A letter from the Under Secretary of tifying that continued production from the suant to section 242 of the National Defense Defense (Comptroller), Department of De- naval petroleum reserves for a period of 3 Authorization Act for fiscal year 1997; to the fense, transmitting a report of a violation of years from April 5, 1997, is in the national in- Committee on National Security. 79. A letter from the Assistant Secretary the Anti-Deficiency Act—Air Force viola- terest, pursuant to 10 U.S.C. 7422(c)(2)(B); to for Legislative Affairs, Department of State, tion, case No. 92–12, which totaled $371,392, the Committee on National Security. transmitting a copy of Presidential Deter- occurred when the Ogden Air Logistics Cen- 68. A letter from the Principal Deputy mination No. 97–2, reporting that it is in the ter, Hill Air Force Base [AFB], Ogden, UT, Under Secretary of Defense (Comptroller), national interest for the Export-Import improperly used industrial fund facilities Department of Defense, transmitting notifi- Bank to make a loan of approximately $383 monies in excess of the $200,000 statutory cation that the Secretary has invoked the million to the People’s Republic of China, limit at the time for minor construction to authority granted by 41 U.S.C. 3732 to au- pursuant to 12 U.S.C. 635(b) (2) (D) (ii); to the purchase 12 mobile home trailers for the thorize the military departments to incur Committee on Banking and Financial Serv- Utah Test and Training Range, pursuant to obligations in excess of available appropria- ices. 31 U.S.C. 1517(b); to the Committee on Appro- tions for clothing, subsistence, forage, fuel, 80. A letter from the Assistant Secretary priations. quarters, transportation, or medical and hos- for Legislative Affairs, Department of State, 60. A letter from the Principal Deputy pital supplies, pursuant to 41 U.S.C. 11; to transmitting a copy of Presidential Deter- Under Secretary of Defense (Comptroller), the Committee on National Security. mination No. 97–3, reporting that it is in the Department of Defense, transmitting a re- 69. A letter from the Under Secretary of national interest for the Export-Import port of a violation of the Anti-Deficiency Defense, transmitting the Secretary’s se- Bank to make a loan of approximately $409 Act—Air Force violation case No. 92–27, lected acquisition reports [SAR’s] for the million to the People’s Republic of China, which totaled $478,093, occurred in the fiscal quarter ending September 30, 1996, pursuant pursuant to 12 U.S.C. 635(b)(2)(D)(ii); to the year 1987 operation and maintenance [O&M], to 10 U.S.C. 2432; to the Committee on Na- Committee on Banking and Financial Serv- Air Force appropriation at Ramstein Air tional Security. ices. Base, Germany, pursuant to 31 U.S.C. 1517(b); 70. A letter from the Secretary of the 81. A letter from the Assistant Secretary to the Committee on Appropriations. Navy, transmitting notification of the pro- for Legislative Affairs and Public Liaison, 61. A letter from the Under Secretary of posed transfer of the battleship ex-Missouri Department of the Treasury, transmitting a Defense (Comptroller), Department of De- (BB–63) to the U.S.S. Missouri Memorial As- copy of the 18th monthly report as required fense, transmitting a report of a violation of sociation, Inc., Honolulu, HI, a nonprofit or- by the Mexican Debt Disclosure Act of 1995, the Anti-Deficiency Act—Air Force viola- ganization, pursuant to 10 U.S.C. 7308(c); to pursuant to Public Law 104–6, section 404(a) tion, case No. 92–09, which totaled $464,800, the Committee on National Security. (109 Stat. 90); to the Committee on Banking occurred at Ramstein Air Base, Germany, 71. A letter from the Director, Defense Pro- and Financial Services. when personnel in the 377th Civil Engineer- curement, Department of Defense, transmit- 82. A letter from the Assistant Secretary ing Group improperly used the fiscal year ting the Department’s final rule—Defense for Legislative Affairs and Public Liaison, 1987 operation and maintenance [O&M], Air Federal Acquisition Regulation Supplement; Department of the Treasury, transmitting a Force appropriation to alter and add to an Pilot Mentor-Protege Program [DFARS Case copy of the 19th monthly report as required existing recreation center, pursuant to 31 96–D317] received October 11, 1996, pursuant by the Mexican Debt Disclosure Act of 1995, U.S.C. 1517(b); to the Committee on Appro- to 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to Public Law 104–6, section 404(a) priations. National Security. (109 Stat. 90); to the Committee on Banking 62. A letter from the Under Secretary of 72. A letter from the Director, Defense Pro- and Financial Services. Defense (Comptroller), Department of De- curement, Department of Defense, transmit- 83. A letter from the Assistant to the fense, transmitting a report of a violation of ting the Department’s final rule—Defense Board, Board of Governors of the Federal Re- the Anti-Deficiency Act—Air Force viola- Federal Acquisition Regulation Supplement; serve System, transmitting the Board’s final tion, case No. 92–11, which totaled $37,779, oc- Restructuring Costs/Bonuses [DFARS Case rule—Bank Holding Companies and Change curred at the O’Hare International Air Force 96–D332] received November 14, 1996, pursuant in Bank Control (Regulation Y) [Docket No. Reserve Station, Chicago, IL, pursuant to 31 to 5 U.S.C. 801(a)(1)(A); to the Committee on R–0936) received October 24, 1996, pursuant to U.S.C. 1517(b); to the Committee on Appro- National Security. 5 U.S.C. 801(a)(1)(A); to the Committee on priations. 73. A letter from the Director, Defense Pro- Banking and Financial Services. 63. A letter from the Under Secretary of curement, Department of Defense, transmit- 84. A letter from the Assistant to the Defense (Comptroller), Department of De- ting the Department’s final rule—Foreign Board, Board of Governors of the Federal Re- fense, transmitting a report of a violation of Machine Tools and Powered and Non-Pow- serve System, transmitting the Board’s final the Anti-Deficiency Act—case No. 95–06, oc- ered Valves [DFARS Case 96–D023] received rule—Consumer Leasing [Regulation M; curred in the research, development test and November 14, 1996, pursuant to 5 U.S.C. Docket No. R–0892] received October 10, 1996, evaluation [RDT&E] merged account, pursu- 801(a)(1)(A); to the Committee on National pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 31 U.S.C. 1517(b); to the Committee on Security. mittee on Banking and Financial Services. Appropriations. 74. A letter from the Director of Defense 85. A letter from the Assistant to the 64. A letter from the Under Secretary of Procurement, Department of Defense, trans- Board, Board of Governors of the Federal Re- Defense (Comptroller), Department of De- mitting the Department’s final rule—Defense serve System, transmitting the Board’s final fense, transmitting a report of two viola- Federal Acquisition Regulation Supplement; rule—Review of Restrictions on Director, Of- tions of the Anti-Deficiency Act—Navy vio- Restructing Costs [DFARS Case 96–D334] re- ficer and Employee Interlocks, Cross-Mar- lations, case No. 96–03, which totaled $635,060, ceived December 2, 1996, pursuant to 5 U.S.C. keting Activities, and the Purchase and Sale occurred in the fiscal year 1995 operation and 801(a)(1)(A); to the Committee on National of Financial Assets Between a Section 20 maintenance, Navy [O&M,N] appropriation, Security. Subsidiary and an Affiliated Bank or Thrift pursuant to 31 U.S.C. 1517(b); to the Commit- 75. A letter from the Director of Defense [Docket No. R–0701] received November 12, tee on Appropriations. Procurement, Department of Defense, trans- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 65. A letter from the Under Secretary of mitting the Department’s final rule—Defense Committee on Banking and Financial Serv- Defense (Comptroller), Department of De- Federal Acquisition Regulation Supplement; ices. H42 CONGRESSIONAL RECORD — HOUSE January 7, 1997 86. A letter from the Assistant to the [Docket No. FR–4089–F–01] received October ment, transmitting the Department’s final Board, Board of Governors of the Federal Re- 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to rule—Streamlining of Part 245 Tenant Par- serve System, transmitting the Board’s final the Committee on Banking and Financial ticipation in Multifamily Housing Projects rule—Loans to Executive Officers, Directors, Services. (FR–4136) received November 15, 1996, pursu- and Principal Shareholders of Member 96. A letter from the General Counsel, De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Banks; Loans to Holding Companies and Af- partment of Housing and Urban Develop- on Banking and Financial Services. filiates [Regulation O; Docket N. R–0939] re- ment, transmitting the Department’s final 106. A letter from the General Counsel, De- ceived November 12, 1996, pursuant to 5 rule—Streamlining the Emergency Shelter partment of Housing and Urban Develop- U.S.C. 801(a)(1)(A); to the Committee on Grants Program [Docket No. FR–4088–F–01] ment, transmitting the Department’s final Banking and Financial Services. (RIN: 2506–AB84) received October 15, 1996, rule—Streamlining the Single Family Com- 87. A letter from the Assistant to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ponents of the Single Family-Multifamily Board, Board of Governors of the Federal Re- mittee on Banking and Financial Services. Regulations [Docket No. FR–4112–F–01] (RIN: serve System, transmitting the Board’s final 97. A letter from the General Counsel, De- 2502–AG80) received December 6, 1996, pursu- rule—Review of Restrictions on Director, Of- partment of Housing and Urban Develop- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ficer and Employee Interlocks, Cross-Mar- ment, transmitting the Department’s final on Banking and Financial Services. keting Activities, and the Purchase and Sale rule—Displacement, Relocation Assistance, 107. A letter from the General Counsel, De- partment of Housing and Urban Develop- of Financial Assets Between a Section 20 and Real Property Acquisition for HUD and ment, transmitting the Department’s final Subsidiary and an Affiliated Bank or Thrift HUD-Assisted Programs; Streamlining rule—Amendments to Regulation X, the Real [Docket No. R–0701] received November 12, Changes [Docket No. FR–3982–F–01] (RIN: Estate Settlement Procedures Act Regula- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2501–AC11) received October 15, 1996, pursuant tion (Withdrawal of Employer-Employee and Committee on Banking and Financial Serv- to 5 U.S.C. 801(a)(1)(A); to the Committee on Banking and Financial Services. Computer Loan Origination Systems (CLOs) ices. Exemptions) [Docket No. FR 4148–F–01] re- 88. A letter from the Assistant to the 98. A letter from the General Counsel, De- partment of Housing and Urban Develop- ceived December 6, 1996, pursuant to 5 U.S.C. Board, Board of Governors of the Federal Re- 801(a)(1)(A); to the Committee on Banking serve System, transmitting the Board’s final ment, transmitting the Department’s final rule—Opportunities for Youth; Youthbuild and Financial Services. rule—Loan Guarantees for Defense Produc- 108. A letter from the General Counsel, De- tion [Docket No. R–0928] received October 10, Program Streamlining and Amendment of Interim Rule [Docket No. FR–4038–N–02] partment of Housing and Urban Develop- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment, transmitting the Department’s final Committee on Banking and Financial Serv- (RIN: 2506–AB79) received October 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule—Revised Restrictions on Assistance to ices. Noncitizens [Docket No. FR–4154–I–01] (RIN: 89. A letter from the Assistant to the mittee on Banking and Financial Services. 99. A letter from the General Counsel, De- 201–AC36) received December 6, 1996, pursu- Board, Board of Governors of the Federal Re- partment of Housing and Urban Develop- ant to 5 U.S.C. 801(a)(1)(A); to the Committee serve System, transmitting the Board’s final ment, transmitting the Department’s final on Banking and Financial Services. rule—Reimbursement for Providing Finan- rule—Consolidated HUD Hearing Procedures 109. A letter from the General Counsel, De- cial Records; Recordkeeping Requirements for Civil Rights Matters [Docket No. FR– partment of Housing and Urban Develop- for Certain Financial Records [Docket No. 4077–F–01] (RIN: 2501–AC27) Received October ment, transmitting the Department’s final R–0934] received November 19, 1996, pursuant 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to rule—The Secretary of HUD’s Regulation of to 5 U.S.C. 801(a)(1)(A); to the Committee on the Committee on Banking and Financial the Federal National Mortgage Association Banking and Financial Services. Services. (Fannie Mae) and the Federal Home Loan 90. A letter from the Chairman, Board of 100. A letter from the General Counsel, De- Mortgage Corporation (Freddie Mac): Book- Governors of the Federal Reserve System, partment of Housing and Urban Develop- Entry Procedures [Docket No. FR–4095–I–01] transmitting the Department’s report enti- ment, transmitting the Department’s final (RIN: 2501–AC35) received December 6, 1996, tled ‘‘Report to the Congress on Funds Avail- rule—Amendments to Regulation X, the Real pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ability Schedules and Check Fraud at Depos- Estate Settlement Procedures Act: With- mittee on Banking and Financial Services. 110. A letter from the President and Chair- itory Institutions’’; to the Committee on drawal of Employer-Employee and Computer man, Export-Import Bank of the United Banking and Financial Services. Loan Origination Systems (CLOs) Exemp- States, transmitting a report involving U.S. 91. A letter from the Under Secretary for tions; Notice of Delay of Effectiveness of exports to Qatar, pursuant to 12 U.S.C. Rural Development, Department of Agri- Rule [Docket No. FR–3638–N–07] (RIN: 2502– culture, transmitting the Department’s 635(b)(3)(i); to the Committee on Banking AG26) received October 15, 1996, pursuant to and Financial Services. ‘‘Major’’ final rule—Reengineering and Re- 5 U.S.C. 801(a)(1)(A); to the Committee on invention of the Direct Section 502 and 504 111. A letter from the President and Chair- Banking and Financial Services. man, Export-Import Bank of the United Single Family Housing (SFH) Program (RIN: 101. A letter from the General Counsel, De- 0575–AB99) received November 19, 1996, pursu- States, transmitting a report involving U.S. partment of Housing and Urban Develop- exports to the Republic of Uzbekistan, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment, transmitting the Department’s final on Banking and Financial Services. ant to 12 U.S.C. 635(b)(3)(i); to the Committee rule—Proprietary Data Submitted by the on Banking and Financial Services. 92. A letter from the General Counsel, De- Federal National Mortgage Associate partment of Housing and Urban Develop- 112. A letter from the President and Chair- (Fannie Mac) and the Federal Home Loan man, Export-Import Bank of the United ment; transmitting the Department’s final Mortgage Corporation (Freddie Mac)—Final States, transmitting a report involving U.S. rule—Streamlining Hearing Procedures Order (FR–1439) received November 15, 1996, exports to the Republic of the Philippines, [Docket No. FR–4022–F–02] (RIN: 2501–AC19) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 12 U.S.C. 635(b)(3)(i); to the Com- received October 15, 1996, pursuant to 5 mittee on Banking and Financial Services. mittee on Banking and Financial Services. U.S.C. 801(a)(1)(A); to the Committee on 102. A letter from the General Counsel, De- 113. A letter from the President and Chair- Banking and Financial Services. partment of Housing and Urban Develop- man, Export-Import Bank of the United 93. A letter from the General Counsel, De- ment, transmitting the Department’s final States, transmitting a report involving U.S. partment of Housing and Urban Develop- rule—Combined Income and Rent (FR–3324) exports to Mexico, pursuant to 12 U.S.C. ment; transmitting the Department’s final received November 15, 1996, pursuant to 5 635(b)(3)(i); to the Committee on Banking rule—Public and Indian Housing Perform- U.S.C. 801(a)(1)(A); to the Committee on and Financial Services. ance Funding System: Incentives [Docket Banking and Financial Services. 114. A letter from the Director, Office of No. FR–4072–I–01] (RIN: 2577–AB65) received 103. A letter from the General Counsel, De- Legislative Affairs, Federal Deposit Insur- October 15, 1996, pursuant to 5 U.S.C. partment of Housing and Urban Develop- ance Corporation, transmitting the Corpora- 801(a)(1)(A); to the Committee on Banking ment, transmitting the Department’s final tion’s final rule—Assessments (RIN: 3064– and Financial Services. rule—Community Development Block Grant xxxx) (12 CFR Part 327) received October 17, 94. A letter from the General Counsel, De- Program for States; Community Revitaliza- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment of Housing and Urban Develop- tion Strategy Requirements and Miscellane- Committee on Banking and Financial Serv- ment, transmitting the Department’s final ous Technical Amendments; (FR–4081) re- ices. rule—Office of the Assistant Secretary for ceived November 15, 1996, pursuant to 5 115. A letter from the Director, Office of Community Planning and Development; U.S.C. 801(a)(1)(A); to the Committee on Legislative Affairs, Federal Deposit Insur- Shelter Plus Care Program; Streamlining Banking and Financial Services. ance Corporation, transmitting the Corpora- [Docket No. FR–4091–F–01] (RIN: 2506–AB86) 104. A letter from the General Counsel, De- tion’s final rule—Suspension and Exclusion received October 15, 1996, pursuant to U.S.C. partment of Housing and Urban Develop- of Contractors and Termination of Contracts 801(a)(1)(A); to the Committee on Banking ment, transmitting the Department’s final (RIN: 3064–AB76) received October 7, 1996, and Financial Services. rule—Disposition of HUD-Acquired Single pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 95. A letter from the General Counsel, De- Family Property; Streamling (FR–4116) re- mittee on Banking and Financial Services. partment of Housing and Urban Develop- ceived November 15, 1996, pursuant to 5 116. A letter from the Director, Office of ment, transmitting the Department’s final U.S.C. 801(a)(1)(A); to the Committee on Legislative Affairs, Federal Deposit Insur- rule—Office of the Assistant Secretary for Banking and Financial Services. ance Corporation, transmitting the Corpora- Community Planning and Development; Sup- 105. A letter from the General Counsel, De- tion’s final rule—Risk-Based Capital Stand- portive Housing Program; Streamlining partment of Housing and Urban Develop- ards: Market Risk (RIN: 3064–AB64) received January 7, 1997 CONGRESSIONAL RECORD — HOUSE H43 October 9, 1996, pursuant to 5 U.S.C. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the OMB’s estimate of the amount of change in 801(a)(1)(A); to the Committee on Banking Committee on Banking and Financial Serv- outlays or receipts, as the case may be, in and Financial Services. ices. each fiscal year through fiscal year 2002 re- 117. A letter from the Chairman, Federal 128. A letter from the Legislative and Reg- sulting from passage of H.R. 2512, pursuant Deposit Insurance Corporation, transmitting ulatory Activities Division, Office of the to Public Law 101–508, section 13101(a) (104 the semiannual report on the Affordable Comptroller of the Treasury, transmitting Stat. 1388–582); to the Committee on the Housing Disposition Program which covers the Office’s final rule—Rules, Policies, and Budget. the reporting period defined as January 1, Procedures for Corporate Activities [Docket 138. A letter from the Director, Office of 1996 through June 30, 1996, pursuant to Pub- No. 96–24] (RIN: 1557–AB27) received Novem- Management and Budget, transmitting lic Law 102–233, section 616 (105 Stat. 1787); to ber 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); OMB’s estimate of the amount of change in the Committee on Banking and Financial to the Committee on Banking and Financial outlays or receipts, as the case may be, in Services. Services. each fiscal year through fiscal year 2002 re- 118. A letter from the Chairman, Federal 129. A letter from the Federal Register Li- sulting from passage of S. 640, S. 1505, H.R. Deposit Insurance Corporation, transmitting aison Officer, Office of Thrift Supervision, 4137, and S. 2078, pursuant to Public Law 101– the semiannual report on the activities and transmitting the Office’s final rule—Con- 508, section 13101(a) (104 Stat. 1388–582); to the efforts relation to utilization of the private flicts of Interest, Corporate Opportunity and Committee on the Budget. sector, pursuant to 12 U.S.C. 1827; to the Hazard Insurance [No. 96–111] (RIN: 1550– 139. A letter from the Director, Office of Committee on Banking and Financial Serv- AA89) received November 21, 1996, pursuant Management and Budget, transmitting ices. to 5 U.S.C. 801(a)(1)(A); to the Committee on OMB’s estimate of the amount of change in 119. A letter from the Deputy Director of Banking and Financial Services. outlays or receipts, as the case may be, in Legislative Affairs, Federal Deposit Insur- 130. A letter from the Federal Register Li- each fiscal year through fiscal year 2002 re- ance Corporation, transmitting the Corpora- aison Officer, Office of Thrift Supervision, sulting from passage of H.R. 4236, pursuant tion’s final rule—Special Assessments [12 transmitting the Office’s final rule—Cor- to Public Law 101–508, section 13101 (a) (104 CFR Part 327] (RIN: 3064–AB59) received De- porate Governance [No. 96–112] (RIN: 1550– Stat. 1388–582); to the Committee on the cember 4, 1996, pursuant to 5 U.S.C. AA87) received November 22, 1996, pursuant Budget. 801(a)(1)(A); to the Committee on Banking to 5 U.S.C. 801(a)(1)(A); to the Committee on 140. A letter from the Director, Office of and Financial Services. Banking and Financial Services. Management and Budget, transmitting 120. A letter from the Managing Director, 131. A letter from the Federal Register Li- OMB’s estimate of the amount of discre- Federal Housing Finance Board, transmit- aison Officer, Office of Thrift Supervision, tionary new budget authority and outlays ting the Board’s final rule—Amendment of transmitting the Office’s final rule—Amend- for the current year (if any) and the budget Budgets Regulation [No. 96–71] received Oc- ments Implementing Economic Growth and year provided by H.R. 3610, pursuant to Pub- tober 28, 1996, pursuant to 5 U.S.C. Regulatory Paperwork Reduction Act [No. lic Law 101–508, section 13101 (a) (104 Stat. 801(a)(1)(A); to the Committee on Banking 96–113] (RIN: 1550–AB05) received November 1388–578); to the Committee on the Budget and Financial Services. 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to 141. A letter from the Director, Office of 121. A letter from the Managing Director, the Committee on Banking and Financial Management and Budget, transmitting Federal Housing Finance Board, transmit- Services. OMB’s estimate of the amount of discre- ting the Board’s final rule—Revision of Fi- 132. A letter from the Director, Office of tionary new budget authority and outlays nancing Corporation Operations Regulation Management and Budget, transmitting for the current year (if any) and the budget [No. 96–80] received November 25, 1996, pursu- OMB’s estimate of the amount of change in year provided by H.R. 3666, H.R. 3675, and ant to 5 U.S.C. 801(a)(1)(A); to the Committee outlays or receipts, as the case may be, in H.R. 3816, pursuant to Public Law 101–508, on Banking and Financial Services. each fiscal year through fiscal year 2002 re- section 13101 (a) (104 Stat. 1388–578); to the 122. A letter from the Managing Director, sulting from passage of H.R. 2685, H.R. 3074, Committee on the Budget Federal Housing Finance Board, transmit- S. 1675, and S. 1965, pursuant to Public Law 142. A letter from the Secretary of Labor, ting the Board’s final rule—Regulations Gov- 101–508, section 13101(a) (104 Stat. 1388–582); to transmitting a report on training and em- erning Book-Entry Federal Home Loan Bank the Committee on the Budget. ployment programs for program year [PY] Securities [No. 96–79] received December 2, 133. A letter from the Director, Office of 1992 and fiscal year [FY] 1993, pursuant to 29 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Management and Budget, transmitting U.S.C. 777a; to the Committee on Education Committee on Banking and Financial Serv- OMB’s estimate of the amount of change in and the Workforce. ices. outlays or receipts, as the case may be, in 143. A letter from the Secretary of Health 123. A letter from the Chairman, Board of each fiscal year through fiscal year 2002 re- and Human Services, transmitting a report Governors, Federal Reserve System, trans- sulting from passage of H.R. 3056, H.R. 1791, on the effectiveness of demonstration mitting a copy of the Board’s report on rules H.R. 2594, H.R. 3068, H.R. 3118, H.R. 3458, H.R. projects to address child access problems, on home-equity credit under the Truth in 3539, H.R. 3871, H.R. 3916, H.R. 4167, H.R. 4168, pursuant to 42 U.S.C. 1315 note; to the Com- Lending Act, pursuant to 15 U.S.C. 1613; to and S. 1711, pursuant to Public Law 101–508, mittee on Education and the Workforce. the Committee on Banking and Financial section 13101(a) (104 Stat. 1388–582); to the 144. A letter from the Secretary of Labor, Services. Committee on the Budget. transmitting a report covering the adminis- 124. A letter from the Assistant to the 134. A letter from the Director, Office of tration of the Employee Retirement Income Board of Governors, Federal Reserve System, Management and Budget, transmitting Security Act [ERISA] during calendar year transmitting the System’s final rule—Policy OMB’s estimate of the amount of change in 1994, pursuant to 29 U.S.C. 1143(b); to the Statement on Payments System Risk; Modi- outlays or receipts, as the case may be, in Committee on Education and the Workforce. fied Procedures for Measuring Daylight each fiscal year through fiscal year 2002 re- 145. A letter from the Assistant General Overdrafts [Docket No. R–0937] received De- sulting from passage of H.R. 543, H.R. 1514, Counsel for Regulations, Department of Edu- cember 10, 1996, pursuant to 5 U.S.C. H.R. 1734, H.R. 1823, H.R. 2579, H.R. 3005, H.R. cation, transmitting the Department’s final 801(a)(1)(A); to the Committee on Banking 3159, H.R. 3166, H.R. 3723, H.R. 3815, S. 39, and rule—Federal Family Education Loan Pro- and Financial Services. S. 1973, pursuant to Public Law 101–508, sec- gram (Due Diligence Requirements) (RIN: 125. A letter from the Legislative and Reg- tion 13101(a) (104 Stat. 1388–582); to the Com- 1840–AC35) received November 26, 1996, pursu- ulatory Activities Division, Office of the mittee on the Budget. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Comptroller of the Currency, transmitting 135. A letter from the Director, Office of on Education and the Workforce. the Office’s final rule—Extensions of Credit Management and Budget, transmitting 146. A letter from the Assistant General to Insiders and Transactions with Affiliates OMB’s estimate of the amount of change in Counsel for Regulations, Department of Edu- [Docket No. 96–23] (RIN: 1557–AB40) received outlays or receipts, as the case may be, in cation, transmitting the Department’s final October 14, 1996, pursuant to 5 U.S.C. each fiscal year through fiscal year 2002 re- rule—Family Educational Rights and Pri- 801(a)(1)(A); to the Committee on Banking sulting from passage of H.R. 3452 and H.R. vacy (RIN: 1880–AA65) received November 19, and Financial Services. 4283, pursuant to Public Law 101–508, section 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 126. A letter from the Legislative and Reg- 13101(a) (104 Stat. 1388–582); to the Committee Committee on Education and the Workforce. ulatory Activities Division, Office of the on the Budget. 147. A letter from the Assistant General Comptroller of the Currency, transmitting 136. A letter from the Director, Office of Counsel for Regulations, Department of Edu- the Office’s final rule—Assessment of Fees; Management and Budget, transmitting cation, transmitting the Department’s final National Banks; District of Columbia Banks OMB’s estimate of the amount of change in rule—Federal Family Education Loan (FFEL [Docket No. 96–27] (RIN: 1557–AB41) received outlays or receipts, as the case may be, in Program (Guaranty Agencies—Conflicts of December 2, 1996, pursuant to 5 U.S.C. each fiscal year through fiscal year 2002 re- Interest) (RIN: 1840–AC33) received November 801(a)(1)(A); to the Committee on Banking sulting from passage of H.R. 632, H.R. 3632, S. 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to and Financial Services. 1887, H.R. 3910, H.R. 4194, S. 342, S. 1004, S. the Committee on Education and the 127. A letter from the Legislative and Reg- 1649, S. 2183, and H.R. 1776, pursuant to Pub- Workforce. ulatory Activities Division, Office of the lic Law 101–508, section 13101(a) (104 Stat. 148. A letter from the Assistant General Comptroller of the Currency, transmitting 1388–582); to the Committee on the Budget. Counsel for Regulations, Department of Edu- the Office’s final rule—Leasing [Docket No. 137. A letter from the Director, Office of cation, transmitting the Department’s final 96–28] (RIN: 1557–AB45) received December 12, Management and Budget, transmitting rule—Student Assistance General Provisions H44 CONGRESSIONAL RECORD — HOUSE January 7, 1997 (RIN: 1840–AC39) received November 26, 1996, Benefit Guaranty Corporation, transmitting rule—Student Assistance General Provi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Corporation’s final rule—Submission of sions, Federal Perkins Loan Program, Fed- mittee on Education and the Workforce. Reportable Events; Annual Report of the eral Work-Study Program, Federal Supple- 149. A letter from the Assistant General Pension Benefit Guaranty Corporation (RIN: mental Educational Opportunity Grant Pro- Counsel for Regulations, Department of Edu- 1212–AA80) received December 2, 1996, pursu- gram, Federal Family Education Loan Pro- cation, transmitting the Department’s final ant to 5 U.S.C. 801(a)(1)(A); to the Committee grams, William D. Ford Federal Direct Loan rule—Student Assistance General Provisions on Education and the Workforce. Program, and Federal Pell Grant Program (RIN: 1840–AC36) received December 2, 1996, 159. A letter from the Deputy Executive Di- (RIN: 1840–AC37) received December 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rector and Chief Operating Officer, Pension pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Education and the Workforce. Benefit Guaranty Corporation, transmitting mittee on Education and the Workforce. 150. A letter from the Assistant General the Corporation’s final rule—Payment of 170. A letter from the Secretary of Edu- Counsel for Regulations, Department of Edu- Premiums; Late Payment Penalty Charges, cation, transmitting the final report on the cation, transmitting the Department’s final received December 3, 1996, pursuant to 5 Department’s study of the status of States’ rule—Student Assistance General Provi- U.S.C. 801(a)(1)(A); to the Committee on Edu- systems of core standards and measures of sions; General Provisions for the Federal cation and the Workforce. performance for vocational education pro- Perkins Loan Program, Federal Work-Study 160. A letter from the Deputy Executive Di- grams; to the Committee on Education and Programs, Federal Supplemental Edu- rector and Chief Operating Officer, Pension the Workforce. cational Opportunity Grant Program, and Benefit Guaranty Corporation, transmitting 171. A letter from the Secretary of Edu- Federal Pell Grant Program (RIN: 1840–AC34) the Corporation’s final rule—Allocation of cation, transmitting the biennial report on received November 27, 1996, pursuant to 5 Assets in Single-Employer Plans; Valuation title III HEA Strengthening Institutions U.S.C. 801(a)(1)(A); to the Committee on Edu- of Benefits and Assets; Expected Retirement Program and the waivers approval list of cation and the Workforce. Age [29 CFR Part 4044] received December 11, schools with significant minority enroll- 151. A letter from the Assistant General 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment; to the Committee on Education and Counsel for Regulations, Department of Edu- Committee on Education and the Workforce. the Workforce. cation, transmitting the Department’s final 161. A letter from the Deputy Executive Di- 172. A letter from the Secretary of Health rule—Student Assistance General Provi- rector and Chief Operating Officer, Pension and Human Services, transmitting the De- sions, Federal Perkins Loan Program, Fed- Benefit Guaranty Corporation, transmitting partment’s final rule—Implementation of eral Work-Study Program, Federal Supple- the Corporation’s final rule—Allocation of the Statutory Provisions of the Head Start mental Educational Opportunity Grant Pro- Assets in Single-Employer Plans; Interest Act, as amended (RIN: 0970–AB55) received gram, Federal Family Education Loan Pro- Assumptions for Valuing Benefits [29 CFR November 13, 1996, pursuant to 5 U.S.C. grams, William D. Ford Federal Direct Loan Part 4044] received December 11, 1996, pursu- 801(a)(1)(A); to the Committee on Education Program, and Federal Pell Grant Program ant to 5 U.S.C. 801(a)(1)(A); to the Committee and the Workforce. (RIN: 1840–AC37) received December 2, 1996, 173. A letter from the Secretary of Health on Education and the Workforce. and Human Services, transmitting the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 162. A letter from the Deputy Executive Di- fourth annual report to Congress on progress mittee on Education and the Workforce. rector and Chief Operating Officer, Pension 152. A letter from the Assistant General in achieving the performance goals ref- Benefit Guaranty Corporation, transmitting Counsel for Regulations, Department of Edu- erenced in the Prescription Drug User Fee the Corporation’s final rule—Disclosure to cation, transmitting the Department’s final Act of 1992 [PDUFA], for the fiscal year 1996, Participants; Benefits Payable in Termi- rule—Drug and Alcohol Abuse Prevention pursuant to 21 U.S.C. 379g note; to the Com- nated Single-Employer Plans [29 CFR Parts (RIN: 1810–AA83) received December 13, 1996, mittee on Commerce. 4011 and 4022] received December 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 174. A letter from the Secretary of Health mittee on Education and the Workforce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Human Services, transmitting a copy of 153. A letter from the Assistant Secretary mittee on Education and the Workforce. the fiscal years [FY] 1993, 1994, and 1995 Re- of Labor for Mine Safety and Health, Depart- 163. A letter from the Secretary of Edu- port of the Agency for Toxic Substances and ment of Labor, transmitting the Depart- cation, transmitting the Department’s final Disease Registry [ATSDR], pursuant to Pub- ment’s final rule—Approval, Exhaust Gas rule—Student Assistance General Provisions lic Law 99–499, section 110(10) (100 Stat. 1641); Monitoring, and Safety Requirements for the (RIN: 1840–AC39) received November 26, 1996, to the Committee on Commerce. Use of Diesel-Powered Equipment in Under- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 175. A letter from the Secretary of the ground Coal Mines (RIN: 1219–AA27) received mittee on Education and the Workforce. Commission, Consumer Product Safety Com- October 29, 1996, pursuant to 5 U.S.C. 164. A letter from the Secretary of Edu- mission, transmitting the Commission’s 801(a)(1)(A); to the Committee on Education cation, transmitting the Department’s final final rule—Small Business (Part 1020) re- and the Workforce. rule—Federal Family Education Loan Pro- ceived October 9, 1996, pursuant to 5 U.S.C. 154. A letter from the Assistant Secretary gram (Due Diligence Requirements) (RIN: 801(a)(1)(A); to the Committee on Commerce. for Occupational Safety and Health, Depart- 1840–AC35) received November 26, 1996, pursu- 176. A letter from the Assistant Secretary ment of Labor, transmitting the Depart- ant to 5 U.S.C. 801(a)(1)(A); to the Committee for Communications and Information, De- ment’s final rule—Occupational Exposure to on Education and the Workforce. partment of Commerce, transmitting the De- 1,3-Butadiene (RIN 1218–AA83) received No- 165. A letter from the Secretary of Edu- partment’s final rule—Public Telecommuni- vember 1, 1996, pursuant to 5 U.S.C. cation, transmitting the Department’s final cations Facilities Program [Docket No. 801(a)(1)(A); to the Committee on Education rule—Federal Family Education Loan 960524148–6243–02] (RIN: 0660–AA09) received and the Workforce. (FFEL) Program (Guaranty Agencies—Con- November 5, 1996, pursuant to 5 U.S.C. 155. A letter from the Assistant Secretary flicts of Interest) (RIN: 1840–AC33) received 801(a)(1)(A); to the Committee on Commerce. of Labor for OSHA, Occupational Safety and November 26, 1996, pursuant to 5 U.S.C. 177. A letter from the Administrator, En- Health Administration, transmitting the Ad- 801(a)(1)(A); to the Committee on Education ergy Information Administration, Depart- ministration’s final rule—North Carolina and the Workforce. ment of Energy, transmitting a copy of a re- State Plan; Final Approval Determination 166. A letter from the Secretary of Edu- port entitled ‘‘Emissions of Greenhouse [Docket No. T–031] [29 CFR Part 1952] re- cation, transmitting the Department’s final Gases in the United States 1995,’’ pursuant to ceived December 16, 1996, pursuant to 5 rule—Family Educational Rights and Pri- Public Law 102–486, section 1605(a); to the U.S.C. 801(a)(1)(A); to the Committee on Edu- vacy (RIN: 1880–AA65) received November 19, Committee on Commerce. cation and the Workforce. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 178. A letter from the General Counsel, De- 156. A letter from the Deputy Executive Di- Committee on Education and the Workforce. partment of Energy, transmitting the De- rector and Chief Operation Officer, Pension 167. A letter from the Secretary of Edu- partment’s final rule—Office of Defense Pro- Benefit Guaranty Corporation, transmitting cation, transmitting the Department’s final grams; Personnel Assurance Program; the Corporation’s final rule—Allocation of rule—Student Assistance General Provi- Human Reliability Policies—received Octo- Assets in Single-Employer Plans; Interest sions; General Provisions for the Federal ber 28, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Assumptions for Valuing Benefits (29 CFR Perkins Loan Program, Federal Work-Study to the Committee on Commerce. Part 4044) received November 12, 1996, pursu- Programs, Federal Supplemental Edu- 179. A letter from the General Counsel, De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee cational Opportunity Grant Program, and partment of Transportation, transmitting on Education and the Workforce. Federal Pell Grant Program (RIN: 1840–AC34) the Department’s final rule—Adverse Side 157. A letter from the Deputy Executive Di- received November 27, 1996, pursuant to 5 Effects of Air Bags (National Highway Traf- rector and Chief Operation Officer, Pension U.S.C. 801(a)(1)(A); to the Committee on Edu- fic Safety Administration) [Docket No. 74–14; Benefit Guaranty Corporation, transmitting cation and the Workforce. Notice 103] (RIN: 2127–AG14) received Decem- the Corporation’s final rule—Allocation of 168. A letter from the Secretary of Edu- ber 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Assets in Single-Employer Plans; Interest cation, transmitting the Department’s final to the Committee on Commerce. Rate for Valuing Benefits (29 CFR Part 4044) rule—Student Assistance General Provisions 180. A letter from the General Counsel, De- received October 9, 1996, pursuant to 5 U.S.C. (RIN: 1840–AC36) received December 2, 1996, partment of Transportation, transmitting 801(a)(1)(A); to the Committee on Education pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Adverse Side and the Workforce. mittee on Education and the Workforce. Effects of Air Bags Correcting Amendment 158. A letter from the Deputy Executive Di- 169. A letter from the Secretary of Edu- (National Highway Traffic Safety Adminis- rector and Chief Operation Officer, Pension cation, transmitting the Department’s final tration) [Docket No. 74–14; Notice 105] (RIN: January 7, 1997 CONGRESSIONAL RECORD — HOUSE H45 2127–AG14) received December 9, 1996, pursu- 190. A letter from the Director, Office of ting the Agency’s final rule—Approval and ant to 5 U.S.C. 801(a)(1)(A); to the Committee Regulatory Management and Information, Promulgation of Implementation Plans; on Commerce. Environmental Protection Agency, transmit- California State Implementation Plan Revi- 181. A letter from the Director, Office of ting the Agency’s final rule—Control of Air sion, Ventura County Air Pollution Control Regulatory Management and Information, Pollution; Amendments to Emission Re- District and South Coast Air Quality Man- Environmental Protection Agency, transmit- quirements Applicable to New Nonroad Com- agement District [FRL–5633–8] received Octo- ting the Agency’s final rule—Approval and pression-Ignition Engines At or Above 37 ber 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Promulgation of Implementation Plans and Kilowatts: Provisions for Replacement Com- to the Committee on Commerce. Designation of Areas for Air Quality Plan- pression-Ignition Engines and the Use of On- 200. A letter from the Director, Office of ning Purposes; State of Tennessee FRL–5639– Highway Compression-Ignition Engines in Regulatory Management and Information, 2] received October 16, 1996, pursuant to 5 Nonroad Vehicles [FRL–5645–4] received No- Environmental Protection Agency, transmit- U.S.C. 801(a)(1)(A); to the Committee on vember 1, 1996, pursuant to 5 U.S.C. ting the Agency’s final rule—Protection of Commerce. 801(a)(1)(A); to the Committee on Commerce. Stratospheric Ozone: Listing of Substitutes 182. A letter from the Director, Office of 191. A letter from the Director, Office of of Ozone-Depleting Substances [FRL–5635–9] Regulatory Management and Information, Regulatory Management and Information, received October 10, 1996, pursuant to 5 Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Approval and ting the Agency’s final rule—Designation of Commerce. Promulgation of Air Quality Plans, Texas Areas for Air Quality Planning Purposes; 201. A letter from the Director, Office of and Louisiana; Revision to the Texas and State of Connecticut [FRL–5611–5] received Regulatory Management and Information, Louisiana State Implementation Plans Re- November 12, 1996, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- garding Negative Declarations for Source 801(a)(1)(A); to the Committee on Commerce. ting the Agency’s final rule—OMB Approval Categories Subject to Reasonably Available 192. A letter from the Director, Office of Numbers Under the Paperwork Reduction Control Technology [FRL–5629–7] received Regulatory Management and Information, [FRL–5634–9] received October 10, 1996, pursu- October 16, 1996, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Commerce. ting the Agency’s final rule—Arizona Redes- on Commerce. 183. A letter from the Director, Office of ignation of the Yavapai-Apache Reservation 202. A letter from the Director, Office of Regulatory Management and Information, to a PSD Class I Area [FRL–5634–4] received Regulatory Management and Information, Environmental Protection Agency, transmit- October 28, 1996, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- ting the Agency’s final rule—Final Author- 801(a)(1)(A); to the Committee on Commerce. ting the Agency’s final rule—Hazardous ization of State Hazardous Waste Manage- 193. A letter from the Director, Office of Waste Treatment, Storage, and Disposal Fa- ment Program Revision [FRL–5638–9] re- Regulatory Management and Information, cilities and Hazardous Waste Generators; Or- ceived October 16, 1996, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- ganic Air Emission Standards for Tanks, 801(a)(1)(A); to the Committee on Commerce. ting the Agency’s final rule—Approval and Surface Impoundments, and Containers 184. A letter from the Director, Office of Promulgation of Implementation Plans; [FRL–5634–4] received October 10, 1996, pursu- Regulatory Management and Information, California State Implementation Plan Revi- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Environmental Protection Agency, transmit- sion, Glenn County and Siskiyou County Air on Commerce. ting the Agency’s final rule—Approval and Pollution Control Districts [FRL–5610–9] re- 203. A letter from the Director, Office of Promulgation of State Implementation Plan; ceived October 29, 1996, pursuant to 5 U.S.C. Regulatory Management and Information, Louisiana; 15 Percent Rate-of-Progress Plan 801(a)(1)(A); to the Committee on Commerce. Environmental Protection Agency, transmit- [FRL–5636–6] received October 14, 1996, pursu- 194. A letter from the Director, Office of ting the Agency’s final rule—Clean Air Act ant to 5 U.S.C. 801(a)(1)(A); to the Committee Regulatory Management and Information, Final Interim Approval of Operating Permits on Commerce. Environmental Protection Agency, transmit- Program; Direct Final Interim Approval of 185. A letter from the Director, Office of ting the Agency’s final rule—Approval and Operating Permits Program; Pinal County Regulatory Management and Information, Promulgation of Implementation Plan Revi- Air Quality Control District, Arizona [FRL– Environmental Protection Agency, transmit- sion, South Coast Air Quality Management 5642–1] received October 24, 1996, pursuant to ting the Agency’s final rule—Clear Air Act District [FRL–5640–8] received October 29, 5 U.S.C. 801(a)(1)(A); to the Committee on Approval and Promulgation of State Imple- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce. mentation Plan for Montana; Revisions to Committee on Commerce. 204. A letter from the Director, Office of the Montana Air Pollution Control Program 195. A letter from the Director, Office of Regulatory Management and Information, [FRL–5635–6] received October 14, 1996, pursu- Regulatory Management and Information, Environmental Protection Agency, transmit- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Environmental Protection Agency, transmit- ting the Agency’s final rule—Approval and on Commerce. ting the Agency’s final rule—Clean Air Act Promulgation of State Air Quality Plans for 186. A letter from the Director, Office of Attainment Extension for the New York- Designated Facilities and Pollutants, Texas; Regulatory Management and Information, Northern New Jersey-Long Island Consoli- Control of Sulfuric Acid Mist Emissions Environmental Protection Agency, transmit- dated Metropolitan Statistical Carbon Mon- from Existing Sulfuric Acid Production ting the Agency’s final rule—Approval and oxide Nonattainment Area [FRL–5643–2] re- Plants and Total Reduced Sulfur from Exist- Promulgation of Air Quality Implementa- ceived October 29, 1996, pursuant to 5 U.S.C. ing Kraft Pulp Mills [FRL–5629–5] received tion Plans; Pennsylvania; Revised Visible 801(a)(1)(A); to the Committee on Commerce. October 10, 1996, pursuant to 5 U.S.C. Emissions Rules for Allegheny County Per- 196. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Commerce. taining to Blast Furnace Slips [FRL–5635–4] Regulatory Management and Information, 205. A letter from the Director, Office of received October 14, 1996, pursuant to 5 Environmental Protection Agency, transmit- Regulatory Management and Information, U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Approval and Environmental Protection Agency, transmit- Commerce. Promulgation of Implementation Plans; ting the Agency’s final rule—Final Condition 187. A letter from the Director, Office of California State Implementation Plan Revi- Special Exemption from Requirements of the Regulatory Management and Information, sion, Mojave Desert Air Quality Management Clean Air for the Territory of American Environmental Protection Agency, transmit- District [FRL–5640–2] received October 29, Samoa, the Commonwealth of the Northern ting the Agency’s final rule—Ohio: Author- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mariana Islands, and the Territory of Guam ization of State Hazardous Waste Manage- Committee on Commerce. [FRL–5645–1] received October 31, 1996, pursu- ment Program [FRL–5638–1] received October 197. A letter from the Director, Office of ant to 5 U.S.C. 801(a)(1)(A); to the Committee 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Regulatory Management and Information, on Commerce. the Committee on Commerce. Environmental Protection Agency, transmit- 206. A letter from the Director, Office of 188. A letter from the Director, Office of ting the Agency’s final rule—Approval and Regulatory Management and Information, Regulatory Management and Information, Promulgation of Implementation Plans; Illi- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- nois [FRL–5615–6] received October 10, 1996, ting the Agency’s final rule—Approval and ting the Agency’s final rule—Clean Air Act pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Promulgation of Implementation Plans; Reclassification; Nevada—Clark County mittee on Commerce. California State Implementation Plan Revi- Nonattainment Area; Carbon Monoxide 198. A letter from the Director, Office of sion, South Coast Air Quality Management [FRL–5644–8] received October 29, 1996, pursu- Regulatory Management and Information, District [FRL–5642–8] received October 31, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Environmental Protection Agency, transmit- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the on Commerce. ting the Agency’s final rule—Petition by Committee on Commerce. 189. A letter from the Director, Office of Guam for Exemption from Anti-Dumping 207. A letter from the Director, Office of Regulatory Management and Information, and Detergent Additization Requirements Regulatory Management and Information, Environmental Protection Agency, transmit- for Conventional Gasoline [FRL–5636–2] re- Environmental Protection Agency, transmit- ting the Agency’s final rule—Clean Air Act ceived October 10, 1996, pursuant to 5 U.S.C. ting the Agency’s final rule—Approval and Final Interim Approval of Operating Permits 801(a)(1)(A); to the Committee on Commerce. Promulgation of Implementation Plans; In- Program; New York [FRL–5646–7] received 199. A letter from the Director, Office of diana [FRL–5613–4] received October 24, 1996, November 1, 1996, pursuant to 5 U.S.C. Regulatory Management and Information, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Commerce. Environmental Protection Agency, transmit- mittee on Commerce. H46 CONGRESSIONAL RECORD — HOUSE January 7, 1997 208. A letter from the Director, Office of State: Approval of Revisions to the Knox Utah, Colorado and Montana [FRL–5282–1] Regulatory Management and Information, County Portion of the State of Tennessee’s received November 21, 1996, pursuant to 5 Environmental Protection Agency, transmit- State Implementation Plan (SIP) [FRL–5619– U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Underground 6] received October 8, 1996, pursuant to 5 Commerce. Storage Tank Program: Approved State Pro- U.S.C. 801(a)(1)(A); to the Committee on 227. A letter from the Director, Office of gram for Massachusetts [FRL–5617–2] re- Commerce. Regulatory Management, Environmental ceived October 24, 1996, pursuant to 5 U.S.C. 218. A letter from the Director, Office of Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Commerce. Regulatory Management and Information, cy’s final rule—Approval and Promulgation 209. A letter from the Director, Office of Environmental Protection Agency, transmit- of Air Quality Implementation Plans; West Regulatory Management and Information, ting the Agency’s final rule—Clean Air Act Virginia; SO2: New Manchester-Grant Mag- Environmental Protection Agency, transmit- Approval and Promulgation of State Imple- isterial District, Hancock County Implemen- ting the Agency’s final rule—Approval and mentation Plans; Prevention of Significant tation Plan [FRL–5644–2] received November Promulgation of Implementation Plans; Deterioration (PSD); Louisiana and New 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to California State Implementation Plan Revi- Mexico [FRL–5612–7] received October 8, 1996, the Committee on Commerce. sion, Mojave Desert Air Quality Management pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 228. A letter from the Director, Office of District [FRL–5641–5] received October 24, mittee on Commerce. Regulatory Management, Environmental 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 219. A letter from the Director, Office of Protection Agency, transmitting the Agen- Committee on Commerce. Regulatory Management and Information, cy’s final rule—Designation of Areas for Air 210. A letter from the Director, Office of Environmental Protection Agency, transmit- Quality Planning Purposes; Indiana [FRL– Regulatory Management and Information, ting the Agency’s final rule—Approval and 5648–7] received November 21, 1996, pursuant Environmental Protection Agency, transmit- Promulgation of Air Quality Implementa- to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Approval and tion Plans; Massachusetts; Amendment to Commerce. Promulgation of Implementation Plans; Massachusetts’ SIP (for Ozone and Carbon 229. A letter from the Director, Office of California State Implementation Plan Revi- Monoxide) for Establishment of a South Bos- Regulatory Management, Environmental sion, Sacramento Metropolitan Air Quality ton Parking Freeze [FRL–5613–3] received Oc- Protection Agency, transmitting the Agen- Management District [FRL–5641–7] received tober 8, 1996, pursuant to 5 U.S.C. cy’s final rule—Clean Air Act Final Full Ap- October 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. proval of Operating Permits Program; the 801(a)(1)(A); to the Committee on Commerce. 220. A letter from the Director, Office of State of New Mexico and Albuquerque/ 211. A letter from the Director, Office of Regulatory Management and Information, Bernalillo County [FRL–5654–8] received No- Regulatory Management and Information, Environmental Protection Agency, transmit- vember 21, 1996, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- ting the Agency’s final rule—Revised Carbon 801(a)(1)(A); to the Committee on Commerce. 230. A letter from the Director, Office of ting the Agency’s final rule—Clean Air Act Monoxide (CO) Standard for Class I and II Regulatory Management, Environmental Approval and Promulgation of Title V, Sec- Nonhandled New Nonroad Phase I Small Protection Agency, transmitting the Agen- tion 507, Small Business Stationary Source Spark-Ignition Engines [FRL–5650–6] re- cy’s final rule—Approval and Promulgation Technical and Environmental Compliance ceived November 7, 1996, pursuant to 5 U.S.C. of Air Quality Implementation Plans; Mary- Assistance Program; New Jersey and the 801(a)(1)(A); to the Committee on Commerce. land 1990 Base Year Emission Inventory; Cor- U.S. Virgin Islands [FRL–5637–8] received Oc- 221. A letter from the Director, Office of rection [FRL–5650–8] received November 25, tober 15, 1996, pursuant to 5 U.S.C. Regulatory Management and Information, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Commerce. Committee on Commerce. 212. A letter from the Director, Office of ting the Agency’s final rule—Use of Alter- 231. A letter from the Director, Office of Regulatory Management and Information, native Analytical Test Methods in the Refor- Regulatory Management, Environmental Environmental Protection Agency, transmit- mulated Gasoline Program [FRL–5650–5] re- Protection Agency, transmitting the Agen- ting the Agency’s final rule—Approval and ceived November 7, 1996, pursuant to 5 U.S.C. cy’s final rule—Designation of Areas of Air Promulgation of Implementation Plans; 801(a)(1)(A); to the Committee on Commerce. Quality Planning Purposes; State of Ne- 222. A letter from the Director, Office of Rhode Island [FRL–5608–1] received October braska [FRL–5655–6] received November 25, 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Regulatory Management and Information, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Committee on Commerce. Environmental Protection Agency, transmit- Committee on Commerce. 213. A letter from the Director, Office of ting the Agency’s final rule—Approval and 232. A letter from the Director, Office of Regulatory Management and Information, Promulgation of Air Quality Implementa- Regulatory Management, Environmental Environmental Protection Agency, transmit- tion Plans; West Virginia: Approval of MP–10 Protection Agency, transmitting the Agen- ting the Agency’s final rule—Control Strat- Implementation Plan for the Follansbee cy’s final rule—Withdrawl from Federal Reg- egy: Ozone; Tennessee [FRL–5637–1] received Area [FRL–5649–5] received November 7, 1996, ulations of Human Health Water Quality Cri- October 11, 1996, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- teria Applicable to Idaho [FRL–5656–7] re- 801(a)(1)(A); to the Committee on Commerce. mittee on Commerce. ceived November 25, 1996, pursuant to 5 214. A letter from the Director, Office of 223. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, Regulatory Management and Information, Commerce. Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- 233. A letter from the Administrator, Envi- ting the Agency’s final rule—Approval and ting the Agency’s ‘‘Major’’ final rule—Finan- ronmental Protection Agency, transmitting Promulgation of Maintenance Plan for Air cial Assurance Mechanisms for Local Gov- a copy of the Interim Final Report to Con- Quality Planning Purposes for the State of ernment Owners and Operators of Municipal gress on the study of hazardous air pollutant Washington; Carbon Monoxide [FRL–4637–3] Solid Waste Landfill Facilities [FRL–5654–3] [HAP] emissions from electric utility steam received October 11, 1996, pursuant to 5 received November 20, 1996, pursuant to 5 generating units; to the Committee on Com- U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on merce. Commerce. Commerce. 234. A letter from the Assistant Adminis- 215. A letter from the Director, Office of 224. A letter from the Director, Office of trator, Environmental Protection Agency, Regulatory Management and Information, Regulatory Management and Information, transmitting the Toxic Substances Control Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Act [TSCA] Report for fiscal year 1994, pur- ting the Agency’s final rule—Approval and ting the Agency’s final rule—Approval and suant to 15 U.S.C. 2629; to the Committee on Promulgation of Air Quality Implementa- Promulgation of Implementation Plans Flor- Commerce. tion Plans; West Virginia; Prevention of Sig- ida: Approval of Revisions to Florida Regula- 235. A letter from the Director, Office of nificant Deterioration: NO2 and PM–10 Incre- tions [FRL–5640–4] received November 5, 1996, Regulatory Management and Information, ments [FRL–5619–8] received October 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Environmental Protection Agency, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Commerce. ting the Agency’s final rule—Acid Rain Pro- mittee on Commerce. 225. A letter from the Director, Office of gram; Continuous Emission Monitoring Rule 216. A letter from the Director, Office of Regulatory Management and Information, Technical Revisions [FRL–5650–7] (RIN: 2060– Regulatory Management and Information, Environmental Protection Agency, transmit- AF58) received November 14, 1996, pursuant Environmental Protection Agency, transmit- ting the Agency’s final rule—Designation of to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Approval and Areas for Air Quality Planning Purposes; In- Commerce. Promulgation of Air Quality Implementa- diana [FRL–5647–9] received November 5, 236. A letter from the Director, Office of tion Plans; Maine; Stage II Vapor Recovery 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Regulatory Management and Information, [FRL–5620–1] received October 8, 1996, pursu- Committee on Commerce. Environmental Protection Agency, transmit- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 226. A letter from the Director, Office of ting the Agency’s final rule—Regulation of on Commerce. Regulatory Management, Environmental Fuels and Fuel Additives: Minor Revisions 217. A letter from the Director, Office of Protection Agency, transmitting the Agen- [FRL–5651–3] received November 14, 1996, pur- Regulatory Management and Information, cy’s final rule—Clean Air Act, Section 507, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Environmental Protection Agency, transmit- Small Business Stationary Source Technical tee on Commerce. ting the Agency’s final rule—Approval and and Environmental Compliance Assistance 237. A letter from the Director, Office of Promulgation of Implementation Plans Program for the States of North Dakota, Regulatory Management and Information, January 7, 1997 CONGRESSIONAL RECORD — HOUSE H47 Environmental Protection Agency, transmit- mitting the Commission’s final rule— mitting the Commission’s final rule— ting the Agency’s final rule—Extension of Amendment of Section 73.606(b), Table of Al- Amendment of Section 73.202(b), Table of Al- Interim Revisited Durability Procedures for lotments, TV Broadcast Stations (Memphis, lotments, FM Broadcast Stations (Shell Light-Duty Vehicles and Light-Duty Trucks Tennessee) [MM Docket No. 96–16] received Knob, Missouri) [MM Docket No. 96–138; RM– [FRL–5651–2] received November 14, 1996, pur- October 13, 1996, pursuant to 5 U.S.C. 8822] received October 13, 1996, pursuant to 5 suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 801(a)(1)(A); to the Committee on Commerce. U.S.C. 801(a)(1)(A); to the Committee on tee on Commerce. 247. A letter from the Managing Director, Commerce. 238. A letter from the Director, Office of Federal Communications Commission, trans- 257. A letter from the Managing Director, Regulatory Management and Information, mitting the Commission’s final rule—Policy Federal Communications Commission, trans- Environmental Protection Agency, transmit- and Rules Concerning the Interstate, Inter- mitting the Commission’s final rule— ting the Agency’s final rule—Montana Board exchange Marketplace; Implementation of Amendment of Section 73.202(b), Table of Al- of Oil and Gas Conservations; Underground Section 254(g) of the Communications Act of lotments, FM Broadcast Stations (Salem and Injection Control (UIC) Program; Primacy 1934, as amended [CC Docket No. 96–61] re- Cherokee Village, Arkansas) [MM Docket Program Approval [FRL–5629–4] received No- ceived November 7, 1996, pursuant to 5 U.S.C. No. 96–4; RM 8733] received October 13, 1996, vember 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Commerce. 248. A letter from the Managing Director, mittee on Commerce. 239. A letter from the Director, Office of Federal Communications Commission, trans- 258. A letter from the Managing Director, Regulatory Management and Information, mitting the Commission’s final rule— Federal Communications Commission, trans- Environmental Protection Agency, transmit- Amendment of Section 73.202(b) Table of Al- mitting the Commission’s final rule—Imple- mentation of the Local Competition Provi- ting the Agency’s final rule—Wisconsin; lotments, FM Broadcast Stations (Kiowa, sions in the Telecommunications Act of 1996 Final Full Program Determination of Ade- Kansas) [MM Docket No. 96-65; RM–8773] re- [CC Docket No. 96–98]; Interconnection be- quacy of State Municipal Solid Waste Land- ceived October 8, 1996, pursuant to 5 U.S.C. tween Local Exchange Carriers and Commer- fill Permit Program [FRL–5651–7] received 801(a)(1)(A); to the Committee on Commerce. cial Mobile Radio Service Providers [CC November 14, 1996, pursuant to 5 U.S.C. 249. A letter from the Managing Director, Federal Communications Commission, trans- Docket No. 95–185] received October 8, 1996, 801(a)(1)(A); to the Committee on Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 240. A letter from the Director, Office of mitting the Commission’s final rule— Amendment of Parts 2, 25, and 90 of the Com- mittee on Commerce. Regulatory Management and Information, 259. A letter from the Managing Director, Environmental Protection Agency, transmit- mission’s Rules to Allocate the 13.75–14.0 GHz Band to the Fixed-Satellite Service [ET Federal Communications Commission, trans- ting the Agency’s final rule—Significant mitting the Commission’s final rule— New Uses of Certain Chemical Substances Docket No. 96–20] received October 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment of Section 73.202(b), Table of Al- [FRL–4964–3] received November 26, 1996, pur- lotments, FM Broadcast Stations suant to 5 U.S.C. 801(a)(1)A); to the Commit- mittee on Commerce. 250. A letter from the Managing Director, (Tehachapi, California) [MM Docket No. 96– tee on Commerce. 129; RM–8814] received November 5, 1996, pur- 241. A letter from the Director of the Office Federal Communications Commission, trans- mitting the Commission’s final rule— suant to 5 U.S.C. 801(a)(1)(A); to the Commit- of Regulatory Management and Information, tee on Commerce. Environmental Protection Agency, transmit- Amendment of Section 73.202(b), Table of Al- lotments, FM Broadcast Stations (Temecula, 260. A letter from the Managing Director, ting the Agency’s final rule—National Emis- California) [MM Docket No. 95–81; RM–8649] Federal Communications Commission, trans- sion Standards for Hazardous Air Pollutants received October 13, 1996, pursuant to 5 mitting the Commission’s final rule— for Source Categories: Aerospace Manufac- U.S.C. 801(a)(1)(A); to the Committee on Amendment of Section 73.202(b), Table of Al- turing and Rework Facilities and Shipbuild- lotments, FM Broadcast Stations (Romney, Commerce. ing and Ship Repair (Surface Coating) Oper- 251. A letter from the Managing Director, West Virginia) [MM Docket No. 94–137; RM– ations [AD–FRL–5601–7] (RIN–2060–AE02, Federal Communications Commission, trans- 8532] received November 5, 1996, pursuant to 2060–AD98) received December 9, 1996, pursu- mitting the Commission’s final rule— 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee Amendment of Section 73.202(b), Table of Al- Commerce. 261. A letter from the Managing Director, on Commerce. lotments, FM Broadcast Stations Federal Communications Commission, trans- 242. A letter from the Director of the Office (Reynoldsville, Pennsylvania) [MM Docket mitting the Commission’s final rule— of Regulatory Management and Information, No. 96–75] received October 13, 1996, pursuant Amendment of Section 73.202(b), Table of Al- Environmental Protection Agency, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Clean Air Act lotments, FM Broadcast Stations Commerce. (Princeville, Hawaii) [MM Docket No. 96–52; Final Interim Approval, Operating Permits 252. A letter from the Managing Director, RM–8755] received November 5, 1996, pursuant Program; State of Alaska and Clean Air Act Federal Communications Commission, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on Final Approval in Part and Disapproval in mitting the Commission’s final rule— Commerce. Part, Section 112(1) Program Submittal; Amendment of Section 73.202(b), Table of Al- State of Alaska [AD–FRL–5658–4] received 262. A letter from the Managing Director, lotments, FM Broadcast Stations Federal Communications Commission, trans- December 4, 1996, pursuant to 5 U.S.C. (Wittenberg, Wisconsin) [MM Docket No. 96– 801(a)(1)(A): to the Committee on Commerce. mitting the Commission’s final rule— 31; RM–8761] received October 13, 1996, pursu- Amendment of Section 73.202 (b), Table of Al- 243. A letter from the Director of the Office ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Regulatory Management and Information, lotments, FM Broadcast Stations (Stamping on Commerce. Ground and Nicholasville, Kentucky) [MM Environmental Protection Agency, transmit- 253. A letter from the Managing Director, ting the Agency’s final rule—Protection of Docket No. 95–28; RM–8593; Rm–8696] received Federal Communications Commission, trans- November 5, 1996, pursuant to U.S.C. Stratospheric Ozone: Reconsideration of the mitting the Commission’s final rule— 801(a)(1)(A); to the Committee on Commerce. Ban on Fire Extinguishers [FRL–5658–7] Amendment of Section 73.202(b), Table of Al- 263. A letter from the Managing Director, (RIN: 2060–AG19) received December 6, 1996, lotments, FM Broadcast Stations (Wilson Federal Communications Commission, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Creek, Washington and Pendleton, Oregon) mitting the Commission’s final rule— mittee on Commerce. [MM Docket No. 95–163; RM–8715] received Amendment of Section 73.202(b), Table of Al- 244. A letter from the Director, Office of October 13, 1996, pursuant to 5 U.S.C. lotments, FM Broadcast Stations (Hemphill, Regulatory Management and Information, 801(a)(1)(A); to the Committee on Commerce. Texas) received November 5, 1996, pursuant Environmental Protection Agency, transmit- January 7, 1997. to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—National Emis- 254. A letter from the Managing Director, Commerce. sion Standards for Hazardous Air Pollutants Federal Communications Commission, trans- 264. A letter from the Managing Director, for Source Categories: Organic Hazardous mitting the Commission’s final rule— Federal Communications Commission, trans- Air Pollutants from the Synthetic Organic Amendment of Section 73.606(b), Table of Al- mitting the Commission’s final rule—Alloca- Chemical Manufacturing Industry and Other lotments, TV Broadcast Stations (Woodward, tion of Spectrum Below 5 GHz Transferred Processes Subject to the Negotiated Regula- Oklahoma) [MM Docket No. 96–44; RM–8745] from Federal Government Use (ET Docket tion for Equipment Leaks; Rule Clarifica- received October 13, 1996, pursuant to 5 No. 94–32] received November 1, 1996, pursu- tions [AD–FRL–5658–5] (RIN: 2060–AC19) re- U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee ceived December 4, 1996, pursuant to 5 U.S.C. Commerce. on Commerce. 801(a)(1)(A); to the Committee on Commerce. 255. A letter from the Managing Director, 265. A letter from the Managing Director, 245. A letter from the Director, Office of Federal Communications Commission, trans- Federal Communications Commission, trans- Regulatory Management and Information, mitting the Commission’s final rule— mitting the Commission’s final rule—Imple- Environmental Protection Agency, transmit- Amendment of Section 73.606(b), Table of Al- mentation of Section 309(j) of the Commu- ting the Agency’s ‘‘Major’’ final rule—Nitro- lotments, TV Broadcast Stations (Waverly, nications Act—Competitive Bidding [PP gen Oxides Emission Reduction Program New York and Altoona, Pennsylvania) [MM Docket No. 95–253] received October 17, 1996, [AD–FRL–5666–1] (RIN: 2060–AF48) received Docket No. 96–11; RM–8742] received October pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- December 13, 1996, pursuant to 5 U.S.C. 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Commerce. 801(a)(1)(A); to the Committee on Commerce. the Committee on Commerce. 266. A letter from the Managing Director, 246. A letter from the Managing Director, 256. A letter from the Managing Director, Federal Communications Commission, trans- Federal Communications Commission, trans- Federal Communications Commission, trans- mitting the Commission’s final rule—Amendment H48 CONGRESSIONAL RECORD — HOUSE January 7, 1997 of Parts 20, 21, 22, 24, 26, 80, 87, 90, 100, and 101 lotments, FM Broadcast Stations (Pontotoc, 285. A letter from the Director, Regula- of the Commission’s Rules To Implement Winona, Coffeeville and Rienzi, Mississippi, tions Policy Management Staff, Office of Section 403(k) of the Telecommunications and Bolivar, Middleton, Selmer and Ramer, Policy, Food and Drug Administration, Act of 1996 (Citizenship Requirements) (FCC Tennessee) [MM Docket No. 91–152; RM–7085; transmitting the Administration’s final 96–396) received October 24, 1996, pursuant to RM–7092; RM–7225; RM–7352; RM–7437; RM– rule—Protection of Human Subjects; In- 5 U.S.C. 801(a)(1)(A); to the Committee on 7714; RM–7845; RM–7846; RM–7847] received formed Consent Verification [Docket No. Commerce. November 15, 1996, pursuant to 5 U.S.C. 95N–0359] received November 12, 1996, pursu- 267. A letter from the Managing Director, 801(a)(1)(A); to the Committee on Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Federal Communications Commission, trans- 275. A letter from the Managing Director, on Commerce. mitting the Commission’s final rule—Imple- Federal Communications Commission, trans- 286. A letter from the Director, Regula- mentation of Section 309(j) of the Commu- mitting the Commission’s final rule— tions Policy Management Staff, Office of nications Act—Competitive Bidding (PP Amendment of Section 73.202(b) Table of Al- Policy, Food and Drug Administration, Docket No. 93–253]; Amendment of Part 22 of lotments, FM Broadcast Stations (Ukiah, transmitting the Administration’s final the Commission’s Rules to Provide for the California) [MM Docket No. 96–9; RM–8736] rule—Extralabel Drug Use in Animals [Dock- Filing and Processing of Applications for received November 15, 1996, pursuant to 5 et No. 96N–0081] (RIN: 0910–AA47) received Unserved Areas in the Cellular Service and U.S.C. 801(a)(1)(A); to the Committee on November 12, 1996, pursuant to 5 U.S.C. to Modify Other Cellular Rates [CC Docket Commerce. 801(a)(1)(A); to the Committee on Commerce. No. 90–6] received November 21, 1996, pursu- 276. A letter from the Managing Director, 287. A letter from the Director, Regula- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Federal Communications Commission, trans- tions Policy Management Staff, Office of on Commerce. mitting the Commission’s final rule— Policy, Food and Drug Administration, 268. A letter from the Managing Director, Amendment of Section 73.202(b) Table of Al- transmitting the Administration’s final Federal Communications Commission, trans- lotments, FM Broadcast Stations (Keaau, rule—Prominence of Name of Distributor of mitting the Commission’s final rule—Revi- Hawaii) [MM Docket No. 96–155; RM–8828] re- Biological Products [Docket No. 95N–0295] re- sion of Filing Requirements [CC Docket No. ceived November 15, 1996, pursuant to 5 ceived November 12, 1996, pursuant to 96–23] received November 21, 1996, pursuant U.S.C. 801(a)(1)(A); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. Commerce. Commerce. 277. A letter from the Managing Director, 288. A letter from the Director, Regula- 269. A letter from the Managing Director, Federal Communications Commission, trans- tions Policy Management Staff, Office of Federal Communications Commission, trans- mitting the Commission’s final rule— Policy, Food and Drug Administration, mitting the Commission’s final rule—Imple- Amendment of Parts 80 and 87 of the Com- transmitting the Administration’s final mentation of the Pay Telephone Reclassi- mission’s Rules to Permit Operation of Cer- rule—Medical Devices; Humanitarian Use fication and Compensation Provisions of the tain Domestic Ship and Aircraft Radio Sta- Devices; Stay of Effective Date of Informa- Telecommunications Act of 1996 [CC Docket tions Without Individual Licenses [WT Dock- tion Collection Requirements [Docket No. 91N–0404] received November 5, 1996, pursuant No. 96–128]; Policies and Rules Concerning et No. 96–82] received November 15, 1996, pur- to 5 U.S.C. 801(a)(1)(A); to the Committee on Operator Service Access and Pay Telephone suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Compensation [CC Docket No. 91–35]; Peti- Commerce. tee on Commerce. 289. A letter from the Director, Regula- tion of the Public Telephone Council to 278. A letter from the Managing Director, tions Policy Management Staff, Office of Treat Bell Operating Company Payphones as Federal Communications Commission, trans- Policy, Food and Drug Administration, Customer Premises Equipment; Petition of mitting the Commission’s final rule—In the transmitting the Administration’s final Oncor Communications Requesting Com- Matter of Implementation of Section 309(j) of rule—Topical Antimicrobial Drug Products pensation for Competitive Payphone Prem- the Communications Act—Competitive Bid- for Over-the-Counter Human Use; Amend- ises Owners and Presubscribed Operator ding (Tenth Report and Order) [FCC 96–447, ment of Final Monograph for OTC First Aid Services Providers; Petition of the California PP Docket No. 93–253] received December 13, Antibiotic Drug Products [Docket No. 95N– Payphone Association to Amend and Clarify 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 0062] (RIN: 0910–AA01) received November 20, Section 68.2(a) of the Commission’s Rules; Committee on Commerce. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 279. A letter from the Secretary, Federal Amendment of Section 69.2 (m) and (ee) of Committee on Commerce. the Commission’s Rules to, pursuant to 5 Trade Commission, transmitting the report 290. A letter from the Director, Regula- U.S.C. 801(a)(1)(A); to the Committee on to Congress for 1994 pursuant to the Federal tions Policy Management Staff, Office of Commerce. Cigarette Labeling and Advertising Act, pur- Policy, Food and Drug Administration, 270. A letter from the Managing Director, suant to 15 U.S.C. 1337(b); to the Committee transmitting the Administration’s final Federal Communications Commission, trans- on Commerce. rule—Over-the-Counter Drug Products In- mitting the Commission’s final rule— 280. A letter from the Secretary, Federal tended for Oral Ingestion that Contain Alco- Amendment of Section 73.202(b), Table of Al- Trade Commission, transmitting the Com- hol; Amendment of Final Rule [Docket No. lotments, FM Broadcast Stations mission’s final rule—Guides for the Use of 95N–0341] received November 21, 1996, pursu- (Batesville, Arkansas) [MM Docket No. 96– Environmental Marketing Claims (16 CFR ant to 5 U.S.C. 801(a)(1)(A); to the Committee 153; RM–8804] received November 15, 1996, Part 260) received October 7, 1996, pursuant on Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on 291. A letter from the Director, Regula- mittee on Commerce. Commerce. tions Policy Management Staff, Office of 271. A letter from the Managing Director, 281. A letter from the Secretary, Federal Policy, Food and Drug Administration, Federal Communications Commission, trans- Trade Commission, transmitting the Com- transmitting the Administration’s final mitting the Commission’s final rule— mission’s final rule—Guides for Select rule—Lowfat and Skim Milk Products, Amendment of Section 73.202(b), Table of Al- Leather and Imitation Leather Products (16 Lowfat and Nonfat Yogurt Products, Lowfat lotments, FM Broadcast Stations (Clifton, CFR Part 24) received October 2, 1996, pursu- Cottage Cheese: Revocation of Standards of Tennessee) [MM Docket No. 96–163; RM–8841] ant to 5 U.S.C. 801(a)(1)(A); to the Committee Identify; Food Labeling, Nutrient Content received November 15, 1996, pursuant to 5 on Commerce. Claims for Fat, Fatty Acids, and Cholesterol U.S.C. 801(a)(1)(A); to the Committee on 282. A letter from the Secretary, Federal Content of Foods [Docket Nos. 95P–0125, 95P– Commerce. Trade Commission, transmitting the Com- 0250, 95P–0261, and 95P–0293] received Novem- 272. A letter from the Managing Director, mission’s final rule—Rule Concerning Disclo- ber 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Federal Communications Commission, trans- sures Regarding Energy Consumption and to the Committee on Commerce. mitting the Commission’s final rule— Water Use of Certain Home Appliances and 292. A letter from the Director, Regula- Amendment of Section 73.202(b), Table of Al- Other Products Required Under the Energy tions Policy Management Staff, Office of lotments, FM Broadcast Stations (El Do- Policy and Conservation Act (‘‘Appliance La- Policy, Food and Drug Administration, rado, Arkansas) [MM Docket No. 96–131; RM– beling Rule’’) (16 CFR Part 305) received No- transmitting the Administration’s final 8810] received November 15, 1996, pursuant to vember 13, 1996, pursuant to 5 U.S.C. rule—Medical Device Recall Authority 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Commerce. [Docket No. 93N–0260] received November 26, Commerce. 283. A letter from the Secretary, Federal 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 273. A letter from the Managing Director, Trade Commission, transmitting the Com- Committee on Commerce. transmitting the Commission’s final rule— mission’s final rule—Deceptive Advertising 293. A letter from the Director, Regula- Amendment of Section 73.202(b), Table of Al- and Labeling of Previously Used Lubricating tions Policy Management Staff, Office of lotments, FM Broadcast Stations (Limon, Oil (16 CFR Part 406) received October 29, Policy, Food and Drug Administration, Colorado) [MM Docket No. 96–156; RM–8840] 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Administration’s final received November 15, 1996, pursuant to 5 Committee on Commerce. rule—Medical Devices; Reclassification of U.S.C. 801(a)(1)(A); to the Committee on 284. A letter from the Secretary, Federal Acupuncture Needles for the Practice of Acu- Commerce. Trade Commission, transmitting the Com- puncture [Docket No. 94P–0443] received De- 274. A letter from the Managing Director, mission’s final rule—Recision of the Guides cember 12, 1996, pursuant to 5 U.S.C. Federal Communications Commission, trans- for the Mirror Industry (16 CFR Part 21) re- 801(a)(1)(A); to the Committee on Commerce. mitting the Commission’s final rule— ceived October 22, 1996, pursuant to 5 U.S.C. 294. A letter from the Director, Office of Amendment of Section 73.202(b) Table of Al- 801(a)(1)(A); to the Committee on Commerce. Congressional Affairs, Nuclear Regulatory January 7, 1997 CONGRESSIONAL RECORD — HOUSE H49 Commission, transmitting the Commission’s U.S.C. 801(A)(1)(A); to the Committee on ment Operations for the fourth quarter of final rule—Policy and Procedure for Enforce- Commerce. fiscal year 1996, 1 July 1996–30 September ment Actions; Departures from FSAR 305. A letter from the Secretary of Energy, 1996, pursuant to 22 U.S.C. 2776(a); to the [NUREG–1600] received October 17, 1996, pur- transmitting the Department’s 35th quar- Committee on International Relations. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- terly report to Congress on the status of 317. A letter from the Director, Defense Se- tee on Commerce. Exxon and Stripper Well oil overcharge funds curity Assistance Agency, transmitting noti- 295. A letter from the Director, Office of as of June 30, 1996; to the Committee on fication concerning the Department of the Congressional Affairs, Nuclear Regulatory Commerce. Navy’s proposed Letter(s) of Offer and Ac- Commission, transmitting the Commission’s 306. A letter from the Secretary of Health ceptance [LOA] to Germany for defense arti- final rule—Revision to the NRC Enforcement and Human Services, transmitting the De- cles and services (Transmittal No. 97–03), Manual [NUREG/BR–0195, Rev. 1] received partment’s final rule—Medical Devices: Cur- pursuant to 22 U.S.C. 2776(b); to the Commit- November 19, 1996, pursuant to 5 U.S.C. rent Good Manufacturing Practices (CGMP) tee on International Relations. 801(a)(1)(A); to the Committee on Commerce. Final Rule; Quality System Regulation 318. A letter from the Director, Defense Se- 296. A letter from the Director, Office of [Docket No. 90N–0172] (RIN: 0910–AA09) re- curity Assistance Agency, transmitting noti- Congressional Affairs, Nuclear Regulatory ceived October 11, 1996, pursuant to 5 U.S.C. fication concerning the Department of the Commission, transmitting the Commission’s 801(a)(1)(A); to the Committee on Commerce. Navy’s proposed Letter(s) of Offer and Ac- final rule—Disposal of High-Level Radio- 307. A letter from the Secretary of Health ceptance [LOA] to Spain for defense articles active Wastes in Geologic Repositories; De- and Human Services, transmitting the De- and services (Transmittal No. 97–04), pursu- sign Basis Events [10 CFR Part 60] (RIN: partment’s final rule—Medicaid Program; ant to 22 U.S.C. 2776(b); to the Committee on 3150–AD51) received December 2, 1996, pursu- Final Limitations on Aggregate Payments to International Relations. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Disproportionate Share Hospitals: Federal 319. A letter from the Director, Defense Se- on Commerce. Fiscal Year 1996 [MB–100–N] (RIN: 0938–AH44) curity Assistance Agency, transmitting noti- 297. A letter from the Director, Office of received October 8, 1996, pursuant to 5 U.S.C. fication concerning the Department of the Congressional Affairs, Nuclear Regulatory 801(a)(a)(A); to the Committee on Commerce. Navy’s proposed Letter(s) of Offer and Ac- Commission, transmitting the Commission’s 308. A letter from the Secretary of Health ceptance [LOA] to the Netherlands for de- final rule—Reactor Site Criteria Including and Human Services, transmitting the De- fense articles and services (Transmittal No. Seismic and Earthquake Engineering Cri- partment’s final rule—Additional Require- 97–02), pursuant to 22 U.S.C. 2776(b); to the teria for Nuclear Power Plants and Denial of ments for Facilities Transferring or Receiv- Committee on International Relations. Petition from Free Environment [10 CFR ing Select Agents (RIN: 0905–AE70) received 320. A letter from the Director, Defense Se- Parts 21, 50, 52, 54, and 100] (RIN: 3150–AD93) October 31, 1996, pursuant to 5 U.S.C. curity Assistance Agency, transmitting noti- received December 4, 1996, pursuant to 5 801(a)(1)(A); to the Committee on Commerce. fication concerning the Department of the U.S.C. 801(a)(1)(A); to the Committee on 309. A letter from the Secretary of Health Air Force’s proposed Letter(s) of Offer and Commerce. and Human Services, transmitting a report Acceptance [LOA] to Korea for defense arti- 298. A letter from the Director, Office of on the effectiveness of childhood lead poison- cles and services (Transmittal No. 97–06), Congressional Affairs, Nuclear Regulatory ing prevention activities under the Lead pursuant to 22 U.S.C. 2776(b); to the Commit- Commission, transmitting the Commission’s Contamination Control Act of 1988; to the tee on International Relations. final rule—Resolution of Dual Regulation of Committee on Commerce. 321. A letter from the Director, Defense Se- Airborne Effluents of Radioactive Materials; 310. A letter from the Secretary, Securities curity Assistance Agency, transmitting the Clean Air Act [10 CFR Part 20] (RIN: 3150– and Exchange Commission, transmitting the Department of the Navy’s proposed lease of AF31) received December 9, 1996, pursuant to Commission’s final rule—Periodic Reporting defense articles to the Taipei Economic and 5 U.S.C. 801(a)(1)(A); to the Committee on of Unregistered Equity Sales (RIN: 3235– Cultural Representative Office in the United Commerce. AG47) received October 10, 1996, pursuant to States [TECRO] Transmittal No. 04–97), pur- 299. A letter from the Director of Office of 5 U.S.C. 801(a)(1)(A); to the Committee on suant to 22 U.S.C. 2796a(a); to the Committee Congressional Affairs, Nuclear Regulatory Commerce. on International Relations. Commission, transmitting the Commission’s 311. A letter from the Secretary, Securities 322. A letter from the Director, Defense Se- final rule—General Statement of Policy and and Exchange Commission, transmitting the curity Assistance Agency, transmitting the Procedure for Enforcement Actions; Policy Commission’s final rule—Streamlining Dis- Department of Navy’s proposed lease of de- Statement—received December 9, 1996, pur- closure Requirements Relating to Signifi- fense articles to the North Atlantic Treaty suant to 5 U.S.C. 801(a)(1)(A); to the Commit- cant Business Acquisitions (RIN: 3235–AG47) Organization (Transmittal No. 06–97), pursu- tee on Commerce. received October 10, 1996, pursuant to 5 ant to 22 U.S.C. 2796a(a); to the Committee 300. A letter from the Chairman, Nuclear U.S.C. 801(a)(1)(A); to the Committee on on International Relations. Regulatory Commission, transmitting a re- Commerce. 323. A letter from the Under Secretary for port on the nondisclosure of safeguards in- 312. A letter from the Secretary, Securities Export Administration, Department of Com- formation for the quarter ending September and Exchange Commission, transmitting the merce, transmitting a notice of a transfer of 30, 1996, pursuant to 42 U.S.C. 2167(e); to the Commission’s final rule—Custody of Invest- items from the U.S. munitions list to the Committee on Commerce. ment Company Assets with Futures Commis- Commerce control list, pursuant to 22 U.S.C. 301. A letter from the Director of Office of sion Merchants and Commodity Clearing Or- 2349aa–2(d)(4)(A)(iii); to the Committee on Congressional Affairs, Nuclear Regulatory ganizations [Release No. IC–22389; File No. International Relations. Commission, transmitting the Commission’s S7–15–94] (RIN: 3235–AF97) received December 324. A letter from the Assistant Secretary final rule—Constraint on Releases of Air- 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to for Legislative Affairs, Department of State, borne Radioactive Materials to the Environ- the Committee on Commerce. transmitting an unclassified report on the ment for Licensees Other than Power Reac- 313. A letter from the Director, Defense Se- Loan Guarantees to Israel Program and on tors [Regulatory Guide 4.20] received Decem- curity Assistance Agency, transmitting the economic conditions in Israel, pursuant to ber 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Department of the Air Force’s proposed lease Public Law 102–391, section 601 (106 Stat. to the Committee on Commerce. of defense articles to Australia (Transmittal 1701); to the Committee on International Re- 302. A letter from the Director of Office of No. 02–97), pursuant to 22 U.S.C. 2796a(a); to lations. Congressional Affairs, Nuclear Regulatory the Committee on International Relations. 325. A letter from the Assistant Secretary Commission, transmitting the Commission’s 314. A letter from the Director, Defense Se- for Legislative Affairs, Department of State, final rule—Environmental Review for Re- curity Assistance Agency, transmitting the transmitting a memorandum of justification newal of Nuclear Power Plant Operating Li- Department of the Army’s proposed lease of for Presidential determination regarding the censes [10 CFR Part 51] (RIN: 3150–AD63) re- defense articles to Norway (Transmittal No. drawdown of defense articles and services for ceived December 17, 1996, pursuant to 5 01–97), pursuant to 22 U.S.C. 2796a(a); to the Eritrea, Ethiopia, and Uganda, pursuant to U.S.C. 801 (a)(1)(A); to the Committee on Committee on International Relations. 22 U.S.C. 2318(a)(1); to the Committee on Commerce. 315. A letter from the Director, Defense Se- International Relations. 303. A letter from the Legislative and Reg- curity Assistance Agency, transmitting noti- 326. A letter from the Assistant Secretary ulatory Activities Division, Office of the fication of an amendment to the NATO Con- for Legislative Affairs, Department of State, Comptroller of the Currency, transmitting tinuous Acquisition and Life-cycle Support transmitting a copy of the Secretary’s deter- the Office’s final rule—Recordkeeping and [CALS] Memorandum of Understanding mination and justification to exercise the Confirmation Requirements for Securities [MOU] (Transmittal No. 19–96), pursuant to authority granted him under section 451 of Transactions [Docket No. 96–25] (RIN: 1557– 22 U.S.C. 2767(f); to the Committee on Inter- the Foreign Assistance Act of 1961, as AB42) received November 27, 1996, pursuant national Relations. amended, authorizing assistance to support a to 5 U.S.C. 801(a)(1)(A); to the Committee on 316. A letter from the Director, Defense Se- cease-fire agreement between the two main Commerce. curity Assistance Agency, transmitting the Kurd groups in northern Iraq, pursuant to 22 304. A letter from the Administrator, Pub- quarterly reports in accordance with sec- U.S.C. 2261(a)(2); to the Committee on Inter- lic Health Service, transmitting the Serv- tions 36(a) and 26(b) of the Arms Export Con- national Relations. ice’s final rule—Grants for Nurse Practioner trol Act, the 24 March 1979 report by the 327. A letter from the Assistant Secretary and Nurse Midwifery Programs (RIN: 0906– Committee on Foreign Affairs, and the sev- for Legislative Affairs, Department of State, AA40) received October 8, 1996, pursuant to 5 enth report by the Committee on Govern- transmitting certification for fiscal year 1997 H50 CONGRESSIONAL RECORD — HOUSE January 7, 1997 that no U.N. agency or U.N. affiliated agency emergency with respect to significant nar- agreements, other than treaties, entered into grants any official status, accreditation, or cotics traffickers centered in Colombia that by the United States, pursuant to 1 U.S.C. recognition to any organization which pro- was declared in Executive Order No. 12978 of 112b(a); to the Committee on International motes and condones or seeks the legalization October 21, 1995—Received in the United Relations. of pedophilia, or which includes as a subsidi- States House of Representatives October 23, 345. A letter from the Assistant Legal Ad- ary or member any such organization, pursu- 1996, pursuant to 50 U.S.C. 1703(c) (H. Doc. viser for Treaty Affairs, Department of ant to Public Law 103–236, section 102(g) (108 No. 105–6); to the Committee on Inter- State, transmitting copies of international Stat. 389); to the Committee on Inter- national Relations and ordered to be printed. agreements, other than treaties, entered into national Relations. 337. A communication from the President by the United States, pursuant to 1 U.S.C. 328. A letter from the Assistant Secretary of the United States, transmitting notifica- 112b(a); to the Committee on International for Legislative Affairs, Department of State, tion that the Iran emergency is to continue Relations. transmitting certification of a proposed li- in effect beyond November 14, 1996—Received 346. A letter from the Assistant Legal Ad- cense for the export of defense articles or de- in the United States House of Representa- viser for Treaty Affairs, Department of fense services sold commercially to Saudi tives October 30, 1996, pursuant to 50 U.S.C. State, transmitting copies of international Arabia (Transmittal No. DTC–5–97), pursuant 1622(d) (H. Doc. No. 105–7); to the Committee agreements, other than treaties, entered into to 22 U.S.C. 2776(c); to the Committee on on International Relations and ordered to be by the United States, pursuant to 1 U.S.C. International Relations. printed. 112b(a); to the Committee on International 329. A letter from the Assistant Secretary 338. A communication from the President Relations. for Legislative Affairs, Department of State, of the United States, transmitting a report 347. A letter from the Assistant Legal Ad- transmitting a copy of Presidential Deter- on the status of efforts to obtain Iraq’s com- viser for Treaty Affairs, Department of mination No. 97–8, and the Statement of Jus- pliance with the resolutions adopted by the State, transmitting copies of international tification authorizing the furnishing of as- U.N. Security Council—Received in the Unit- agreements, other than treaties, entered into sistance from the Emergency Refugee and ed States House of Representatives Novem- by the United States, pursuant to 1 U.S.C. Migration Assistance Fund to meet the ur- ber 6, 1996, pursuant to Public Law 102–1, sec- 112b(a); to the Committee on International gent needs of refugees, victims of conflict, tion 3 (105 Stat. 4) (H. Doc. No. 105–9); to the Relations. 348. A letter from the Assistant Secretary and other persons at risk in and from north- Committee on International Relations and for Legislative Affairs, Department of State, ern Iraq, pursuant to 22 U.S.C. 2601(c)(3); to ordered to be printed. transmitting a memorandom of Justification the Committee on International Relations. 339. A communication from the President 330. A letter from the Assistant Secretary of the United States, transmitting notifica- for Presidential Determination (96–57) re- garding the drawdown of defense articles and for Legislative Affairs, Department of State, tion that the national emergency with re- services from the stocks of DOD for disaster transmitting notification of a proposed man- spect to the proliferation of nuclear, biologi- assistance to Colombia, Venezuela, Peru, and ufacturing license agreement for production cal, and chemical weapons (‘‘weapons of the Countries of the Eastern Caribbean Re- of major military equipment with Australia mass destruction’’—[WMD]) and the means gional Security System [RSS], pursuant to (Transmittal No. DTC–4–97), pursuant to 22 of delivering such weapons is to continue in Public Law 101–513, section 547(a) (104 Stat. U.S.C. 2776(d); to the Committee on Inter- effect beyond November 14, 1996—Received in 2019); to the Committee on International Re- national Relations. the United States House of Representatives lations. 331. A letter from the Assistant Secretary November 12, 1996, pursuant to 50 U.S.C. 349. A letter from the Assistant Legal Ad- for Legislative Affairs, Department of State, 1622(d) (H. Doc. No. 105–10); to the Committee viser for Treaty Affairs, Department of transmitting a copy of Presidential Deter- on International Relations and ordered to be State, transmitting copies of international mination No. 96–56: Drawdown of Commod- printed. agreements, other than treaties, entered into 340. A communication from the President ities, Services, and Training from the De- by the United States, pursuant to 1 U.S.C. of the United States, transmitting a report partment of Defense for the Economic Com- 112b(a); to the Committee on International munity of West African States’ Peacekeep- on developments concerning the national Relations. ing Force [ECOMOG], Pursuant to 22 U.S.C. emergency with respect to Iran that was de- 350. A letter from the Assistant Secretary 2348a; to the Committee on International Re- clared in Executive Order No. 12170 of No- for Legislative Affairs, Department of State, lations. vember 14, 1979—Received in the United transmitting notification that effective No- 332. A letter from the Assistant Secretary States House of Representatives November vember 27, 1996, the danger pay rate for all for Legislative Affairs, Department of State, 15, 1996, pursuant to 50 U.S.C. 1703(c) (H. Doc. areas in Columbia was designated at the 15 transmitting a copy of Presidential Deter- No. 105–11); to the Committee on Inter- percent level, pursuant to 5 U.S.C. 5928; to mination No. 96–55: Determination to Au- national Relations and ordered to be printed. the Committee on International Relations. thorize the Furnishing of Non-Lethal Emer- 341. A communication from the President 351. A letter from the Director, Defense Se- gency Military Assistance to the States Par- of the United States transmitting revisions curity Assistance Agency, transmitting noti- ticipating in the Economic Community of to the provisions that apply to the Depart- fication concerning the Department of the West African States’ Peacekeeping Force ment of Commerce in the Export Adminis- Air Force’s proposed Letter(s) of Offer and [ECOMOG] under section 506(a)(1) of the For- tration Regulations, 15 CFR Part 730 et Acceptance [LOA] to Korea for defense arti- eign Assistance Act, pursuant to 22 U.S.C. seq.—Received in the United States House of cles and services (Transmittal No. 97–05), 2318(a)(1); to the Committee on International Representatives November 15, 1996, pursuant pursuant to 22 U.S.C. 2776(b); to the Commit- Relations. to 50 U.S.C. 1703(b) (H. Doc. No. 105–12); to tee on International Relations. 333. A letter from the Assistant Secretary the Committee on International Relations 352. A letter from the Chief Counsel, Office for Legislative Affairs, Department of State, and ordered to be printed. of Foreign Assets Control, Department of the transmitting a copy of memorandum of jus- 342. A communication from the President Treasury, transmitting the Department’s tification for drawdown under section of the United States transmitting a report final rule—Blocked Persons, Specially Des- 506(a)(2) of the Foreign Assistance Act of 1961 on developments concerning the national ignated Nationals, Specially Trained Terror- to support Kurdish evacuees from northern emergency declared by Executive Order No. ists, Specially Designated Narcotics Traf- Iraq, pursuant to 22 U.S.C. 2318(b)(2); to the 12924 of August 19, 1994, to deal with the fickers, and Blocked Vessels; Removal of Committee on International Relations. threat to the national security, foreign pol- Entry (31 CFR Chapter V) received October 334. A communication from the President icy, and economy of the United States 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to of the United States, transmitting the bi- caused by the lapse of the Export Adminis- the Committee on International Relations. monthly report on progress toward a nego- tration Act of 1979—Received in the United 353. A letter from the Chief Counsel, Office tiated settlement of the Cyprus question, in- States House of Representatives December 2, of Foreign Assets Control, Department of the cluding any relevant reports from the Sec- 1996, pursuant to 50 U.S.C. 1703(c) and 50 Treasury, transmitting the Department’s retary General of the United Nations, pursu- U.S.C. 1641(c) (H. Doc. No. 105–14); to the final rule—Iranian Transactions Regulations ant to 22 U.S.C. 2373(c); to the Committee on Committee on International Relations and (31 CFR Part 560) received November 12, 1996, International Relations. ordered to be printed. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 335. A communication from the President 343. A communication from the President mittee on International Relations. of the United States, transmitting notifica- of the United States transmitting a report 354. A letter from the Chief Counsel, Office tion that the emergency declared with re- on developments concerning the national of Foreign Assets Control, Department of the spect to significant narcotics traffickers cen- emergency with respect to the Federal Re- Treasury, transmitting the Department’s tered in Colombia is to continue in effect for public of Yugoslavia (Serbia and final rule—Blocked Persons, Specially Des- 1 year beyond October 21, 1996—Received in Montenegro) (the ‘‘FRY (S/M’’) and the ignated Nationals, Specially Designated Ter- the United States House of Representatives Bosnian Serbs—Received in the United rorists, Specially Designated Narcotics Traf- October 15, 1996, pursuant to 50 U.S.C. 1622(d) States House of Representatives December 9, fickers, and Blocked Vessels; Removal of (H. Doc. No. 105–4); to the Committee on 1996, pursuant to 5 U.S.C. 1703(c) (H. Doc. No. Specially Designated Nationals of the Fed- International Relations and ordered to be 105–16); to the Committee on International eral Republic of Yugoslavia (Serbia & printed. Relations and ordered to be printed. Montenegro) (Office of Foreign Assets Con- 336. A communication from the President 344. A letter from the Assistant Legal Ad- trol) [31 CFR Chapter V] received December of the United States, transmitting a report viser for Treaty Affairs, Department of 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to on developments concerning the national State, transmitting copies of international the Committee on International Relations. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H51 355. A letter from the Assistant Secretary port entitled ‘‘A New Diplomacy for the In- 377. A letter from the Chairman, Council of for Export Administration, Department of formation Age’’, pursuant to 22 U.S.C. 1469; the District of Columbia, transmitting a Commerce, transmitting the Department’s to the Committee on International Rela- copy of D.C. Act 11–415, ‘‘Real Property Tax final rule—Revisions to the Export Adminis- tions. Rates for Tax Year 1997 Temporary Amend- tration Regulations: License Exceptions 366. A letter from the Director, Office of ment Act of 1996’’ received November 6, 1996, [Docket No. 961122325–6325–01] (RIN: 0694– Administration, Executive Office of the pursuant to D.C. Code, section 1–233(c)(1); to AB51) received December 2, 1996, pursuant to President, transmitting the White House the Committee on Government Reform and 5 U.S.C. 801(a)(1)(A); to the Committee on personnel report for the fiscal year 1996, pur- Oversight. International Relations. suant to 3 U.S.C. 113; to the Committee on 378. A letter from the Chairman, Council of 356. A letter from the Assistant Secretary Government Reform and Oversight. the District of Columbia, transmitting a for Export Administration, Department of 367. A Communication from the President copy of D.C. Act 11–414, ‘‘Economic Recovery Commerce, transmitting the Department’s of the United States, transmitting a report Conformity Temporary Act of 1996’’ received final rule—Licensing of Key Escrow on the Federal agencies’ implementation of November 6, 1996, pursuant to D.C. Code, sec- Encryption Equipment and Software {Dock- the Privacy Act of 1974, as amended for the tion 1–233(c)(1); to the Committee on Govern- et No. 960918265–6296–02] (RIN: 0694–AB09) re- calendar years 1992 and 1993, pursuant to 5 ment Reform and Oversight. ceived December 10, 1996, pursuant to 5 U.S.C. 552a; to the Committee on Govern- 379. A letter from the Chairman, Council of U.S.C. 801(a)(1)(A); to the Committee on ment Reform and Oversight. the District of Columbia, transmitting a International Relations. 368. A letter from the Commissioner of So- copy of D.C. Act 11–413, ‘‘Oyster Elementary 357. A letter from the Assistant Secretary cial Security Administration, transmitting School Modernization and Development for Legislative Affairs, Department of State, the Administration’s accountability report Project Temporary Act of 1996’’ received No- transmitting a report of U.S. citizen expro- for fiscal year 1996, pursuant to Public Law vember 6, 1996, pursuant to D.C. Code, sec- priation claims and certain other commer- 101–410 section 6 (104 Stat. 892); to the Com- tion 1–233(c)(1); to the Committee on Govern- cial and investment disputes, pursuant to mittee on Government Reform and Over- ment Reform and Oversight. Public Law 103–236, section 527(f); to the sight. 380. A letter form the Chairman, Council of 369. A letter from the Secretary of Agri- Committee on International Relations. the District of Columbia, transmitting a culture, transmitting the semiannual report 358. A letter from the Assistant Secretary copy of D.C. Act 11–363, ‘‘Modified Reduction- of the inspector general for the period April for Legislative Affairs, Department of State, in-Force Temporary Amendment Act of 1996’’ 1, 1996 through September 30, 1996, pursuant transmitting certification and justification received October 4, 1996, pursuant to D.C. to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); of waivers of the prohibition against con- Code, section 1–233(c)(1); to the Committee to the Committee on Government Reform tracting with firms that comply with the on Government Reform and Oversight. and Oversight. 381. A letter from the Chairman, Council of Arab League boycott of the State of Israel 370. A letter from the Secretary of Com- the District of Columbia, transmitting a and of the prohibition against contracting merce, transmitting the semiannual report copy D.C. Act 11–387, ‘‘Closing of a Public with firms that discriminate in the award of on the activities of the Office of the Inspec- contracts on the basis of religion, pursuant tor General and the Secretary’s semiannual Alley in Square 375, S.O. 95–54, Act of 1996’’ to Public Law 103–236, section 565(b); to the report on final action taken on inspector received October 4, 1996, pursuant to D.C. Committee on International Relations. general audits for the period from April 1, Code, section 1–233(c)(1); to the Committee 359. A letter from the Assistant Secretary 1996 through September 30, 1996, pursuant to on Government Reform and Oversight. 382. A letter from the Interim Auditor, Dis- for Legislative Affairs, Department of State, 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to trict of Columbia, transmitting a copy of a transmitting the Department’s report pursu- the Committee on Government Reform and ant to section 3 of the Arms Export Control Oversight. report entitled ‘‘Excepted Service Employee Act; to the Committee on International Re- 371. A letter from the Secretary of Energy, Failed to Comply With the District’s Resi- lations. transmitting the semiannual report on ac- dency Requirement’’, pursuant to D.C. Code, 360. A letter from the Deputy Associate Ad- tivities of the inspector general for the pe- section 47–117(d); to the Committee on Gov- ministrator for Acquisition Policy, General riod April 1, 1996, through September 30, 1996 ernment Reform and Oversight. Services Administration, transmitting the and the semiannual report on inspector gen- 383. A letter from the Interim District of Administration’s final rule—Reporting Re- eral audit reports for the same period, pursu- Columbia Auditor, transmitting a copy of a quirements for Foreign Gifts and Decora- ant to 5 U.S.C. app. (Insp. Gen. Act) section report entitled ‘‘Certification of Fiscal Year tions (RIN: 3090–AG14) received November 21, 5(b); to the Committee on Government Re- 1997 Revenue Estimates in Support of the 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the form and Oversight. District of Columbia General Obligation Committee on International Relations. 372. A letter from the Secretary of the In- Bonds’’ (Series 1996A), pursuant to D.C. Code, 361. A letter from the Chairman, J. William terior, transmitting the semiannual report section 47–117(d); to the Committee on Gov- Fulbright Foreign Scholarship Board, trans- of the inspector general for the period April ernment Reform and Oversight. mitting the Board’s 1995 annual report, pur- 1, 1996 through September 30, 1996, pursuant 384. A letter from the Acting Comptroller suant to 5 U.S.C. app. (Insp. Gen. Act) sec- to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); General, General Accounting Office, trans- tion 5(b); to the Committee on International to the Committee on Government Reform mitting a list of all reports issued or released Relations. and Oversight. in September 1996, pursuant to 31 U.S.C. 362. A communication from the President 373. A letter from the Secretary of Labor, 719(h); to the Committee on Government Re- of the United States, transmitting a report transmitting the semiannual report of the form and Oversight. to Congress that it is in the national interest Department’s inspector general and the De- 385. A letter from the Comptroller General, of the United States to terminate the sus- partment of Labor’s semiannual manage- General Accounting Office, transmitting a pensions under section 902(a)(3) and section ment report to Congress covering the period list of all reports issued or released in Octo- 902(a)(5) of the Foreign Relations Authoriza- April 1, 1996 through September 30, 1996, pur- ber 1996, pursuant to 31 U.S.C. 719(h); to the tion Act, fiscal years 1990 and 1991 insofar as suant to 5 U.S.C. app. (Insp. Gen. Act) sec- Committee on Government Reform and such restrictions pertain to the SINOSAT tion 5(b); to the Committee on Government Oversight. project; to the Committee on International Reform and Oversight. 386. A letter from the Chairperson, Ap- Relations. 374. A letter from the Secretary of Trans- praisal Subcommittee Federal Financial In- 363. A communication from the President portation transmitting the semiannual re- stitutions Examination Council, transmit- of the United States, transmitting a report port of the Office of Inspector General for ting the Appraisal Subcommittee of the Fed- to Congress that it is in the national interest the period ended September 30, 1996, pursu- eral Financial Institutions Examination of the United States to lift the suspensions ant to 5 U.S.C. app. (Insp. Gen. Act) section Council’s combined annual report under the under section 902(a)(3) and 902(a)(5) of the 5(b); to the Committee on Government Re- Inspector General Act and annual statement Foreign Relations Authorization Act, fiscal form and Oversight. under the Federal Managers Financial Integ- years 1990 and 1991 insofar as such restric- 375. A letter from the Chairman, Council of rity Act, pursuant to 5 U.S.C. app. (Insp. tions pertain to the Chinese FY–1 meteoro- the District of Columbia, transmitting a Gen. Act) section 5(b); to the Committee on logical satellite; to the Committee on Inter- copy of D.C. Act 11–432, ‘‘New Hires Police Government Reform and Oversight. national Relations. Officers, Fire Fighters and Teachers Pension 387. A letter from the Treasurer, Army & 364. A Communication from the President Modification Amendment Act of 1996’’ re- Air Force Exchange Service, transmitting of the United States, transmitting a report ceived November 6, 1996, pursuant to D.C. the annual report for the plan year ended 31 on the United States participation in Code, section 1–233(c)(1); to the Committee December 1993, pursuant to Public Law 95– Rowanda and the Great Lakes region of east- on Government Reform and Oversight. 595; to the Committee on Government Re- ern Zaire—received in the United States 376. A letter from the Chairman, Council of form and Oversight. House of Representatives December 3, 1996 the District of Columbia, transmitting a 388. A letter from the Attorney General of (H. Doc. No. 105–13); to the Committee on copy of D.C. Act 11–433, ‘‘BNA Washington the United States, transmitting the semi- International Relations and ordered to be Inc., Real Property Tax Deferral Temporary annual report on activities of the inspector printed. Amendment Act of 1996’’ received November general for the period April 1, 1996, through 365. A letter from the Chairman, U.S. Advi- 6, 1996, pursuant to D.C. Code, section 1– September 30, 1996, and the management re- sory Commission on Public Diplomacy, 233(c)(1); to the Committee on Government port for the same period, pursuant to 5 transmitting the Commission’s annual re- Reform and Oversight. U.S.C. app. (Insp. Gen. Act) section 5(b); to H52 CONGRESSIONAL RECORD — HOUSE January 7, 1997 the Committee on Government Reform and and management of the District of Columbia Committee on Government Reform and Oversight. Public Schools; to the Committee on Govern- Oversight. 389. A letter from the Executive Director, ment Reform and Oversight. 411. A letter from the Chairman, Federal Committee for Purchase from People who 400. A letter from the Chief Financial Offi- Trade Commission, transmitting the Com- are Blind or Severely Disabled, transmitting cer, Export-Import Bank of the United mission’s semiannual report on the activities the Committee’s final rule—Additions to the States, transmitting the Bank’s report in of the Office of Inspector General for the pe- Procurement List (ID #97–002) received No- compliance with the Inspector General Act riod ending September 30, 1996, pursuant to 5 vember 13, 1996, pursuant to 5 U.S.C. Amendments of 1988, pursuant to 5 U.S.C. U.S.C. app. (Insp. Gen. Act) section 5(b); to 801(a)(1)(A); to the Committee on Govern- app. (Insp. Gen. Act) section 5(b); to the the Committee on Government Reform and ment Reform and Oversight. Committee on Government Reform and Oversight. 390. A letter from the Executive Director, Oversight. 412. A letter from the Vice President and Committee for Purchase from People who 401. A letter from the Director, Federal Bu- Treasurer, Financial Partners, Inc., trans- are Blind or Severely Disabled, transmitting reau of Prisons, transmitting the Bureau’s mitting the annual report of the group re- the Committee’s final rule—Additions to the final rule—Release of Information [BOP– tirement plan for the Agricultural Credit As- Procurement List (ID #97–001) received Octo- 1015–F] (RIN: 1120–AA21) received December sociations and the Farm Credit Banks in the ber 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to First Farm Credit District, covering the plan to the Committee on Government Reform the Committee on Government Reform and year January 1, 1995, through December 31, and Oversight. Oversight. 1995, pursuant to 31 U.S.C. 9503(a)(1)(B); to 391. A letter from the Executive Director, 402. A letter from the Director, Office of the Committee on Government Reform and Committee for Purchase from People who Legislative Affairs, Federal Deposit Insur- Oversight. are Blind or Severely Disabled, transmitting ance Corporation, transmitting the Corpora- 413. A letter from the Public Printer, Gov- the Committee’s final rule—Additions to the tion’s final rule—Privacy Act Regulations ernment Printing Office, transmitting the Procurement List (ID #96–007) received Octo- (RIN: 3064–AB80) received October 7, 1996, semiannual report on the activities of the ber 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Office of the Inspector General for the 6- to the Committee on Government Reform mittee on Government Reform and Over- month period ending September 30, 1996, and and Oversight. sight. the management report for the same period, 392. A letter from the Executive Director, 403. A letter from the Chairman, Federal pursuant to 5 U.S.C. app. (Insp. Gen. Act) Committee for Purchase from People who Housing Finance Board, transmitting the section 5(b); to the Committee on Govern- are Blind or Severely Disabled, transmitting semiannual report on activities of the in- ment Reform and Oversight. the Committee’s final rule—Additions to the spector general covering the 6-month period 414. A letter from the President, Inter- Procurement List (ID # 96–0060 received Oc- ending September 30, 1996, pursuant to 5 American Foundation, transmitting the tober 9, 1996, pursuant to 5 U.S.C. U.S.C. app. (Insp. Gen. Act) section 5(b): to Foundation’s annual report for fiscal year 801(a)(1)(A); to the Committee on Govern- the Committee on Government Reform and 1995, pursuant to 5 U.S.C. app. (Insp. Gen. ment Reform and Oversight. Oversight. Act) section 5(b); to the Committee on Gov- 393. A letter from the Executive Director, 404. A letter from the Chairman, Federal ernment Reform and Oversight. Committee for Purchase from People Who Maritime Commission, transmitting the 415. A letter from the Executive Director, are Blind or Severely Disabled, transmitting Commission’s semiannual report on the ac- Japan-United States Friendship Commis- the Committee’s final rule—Additions to the tivities of the inspector general for the pe- sion, transmitting the Commission’s annual Procurement List (ID #97–003) received No- riod April 1, 1996, through September 30, 1996, report for fiscal year 1996, pursuant to 22 vember 27, 1996, pursuant to 5 U.S.C. pursuant to 5 U.S.C. app. (Insp. Gen. Act) U.S.C. 2904(b); to the Committee on Govern- 801(a)(1)(A); to the Committee on Govern- Sec. 5(b); to the Committee on Government ment Reform and Oversight. ment Reform and Oversight. Reform and Oversight. 416. A letter from the Executive Director, 394. A letter from the Consumer Product 405. A letter from the Chairman, Board of Marine Mammal Commission, transmitting Safety Commission, transmitting a copy of Governors, Federal Reserve System, trans- the Commission’s report for fiscal year 1996 the annual report in compliance with the mitting the Board’s semiannual report on under both the Inspector General Act and Government in the Sunshine Act during the the activities of the Office of Inspector Gen- the Federal Managers’ Financial Integrity calendar year 1995, pursuant to 5 U.S.C. eral for the 6-month period ending Septem- Act, pursuant to 31 U.S.C. 3512(c)(3); to the 552b(j); to the Committee on Government Re- ber 30, 1996, pursuant to 5 U.S.C. app. (Insp. Committee on Government Reform and form and Oversight. Gen. Act) Sec. 5(b); to the Committee on Oversight. 395. A letter from the Chairman, Defense Government Reform and Oversight. 417. A letter from the Chairman, National Nuclear Facilities Safety Board, transmit- 406. A letter from the Executive Director, Capital Planning Commission, transmitting ting the Board’s consolidated report for the Federal Retirement Thrift Investment the Commission’s annual report, pursuant to year ending September 30, 1996 on the Fed- Board, transmitting the Board’s final rule— 5 U.S.C. app. (Insp. Gen. Act) section 5 (b); to eral Managers’ Financial Integrity Act and Correction of Administrative Errors (5 CFR the Committee on Government Reform and the results of internal audit and investiga- Part 1605) received October 31, 1996, pursuant Oversight. tive activities, pursuant to 5 U.S.C. app. to 5 U.S.C. 801(a)(1)(A); to the Committee on 418. A letter from the Chairman of the (Insp. Gen. Act) section 5(b); to the Commit- Government Reform and Oversight. Board, National Credit Union Administra- tee on Government Reform and Oversight. 407. A letter from the Executive Director, tion, transmitting the Administration’s 396. A letter from the General Counsel, De- Federal Retirement Thrift Investment semiannual report on the activities of the in- partment of Transportation, transmitting Board, transmitting the Board’s final rule— spector general for April 1, 1996, through the Department’s final rule—Revision of De- Thrift Savings Plan Participation for Cer- September 30, 1996, pursuant to 5 U.S.C. app. partment Acquisition Regulations (RIN: tain Employees of the District of Columbia (Insp. Gen. Act) section 5(b); to the Commit- 2105–AC59) received October 7, 1996, pursuant Financial Responsibility and Management tee on Government Reform and Oversight. to 5 U.S.C. 801(a)(1)(A); to the Committee on Authority (5 CFR Part 1620) received October 419. A letter from the Chairman, National Government Reform and Oversight. 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Endowment for the Arts, transmitting the 397. A letter from the Executive Director, the Committee on Government Reform and semiannual report of the inspector general District of Columbia Financial Responsibil- Oversight. and the semiannual report on final action for ity and Management Assistant Authority, 408. A letter from the Executive Director, the National Endowment for the Arts, pursu- transmitting the Authority’s revised report Federal Retirement Thrift Investment ant to 5 U.S.C. app. (Insp. Gen. Act) section to the Congress, pursuant to Public Law 104– Board, transmitting the Board’s final rule— 5(b); to the Committee on Government Re- 8 section 224; to the Committee on Govern- Allocation of Earnings (5 CFR Part 1645) re- form and Oversight. ment Reform and Oversight. ceived November 19, 1996, pursuant to 5 420. A letter from the President, National 398. A letter from the Chairman, District of U.S.C. 801(a)(1)(A); to the Committee on Gov- Endowment for Democracy, transmitting the Columbia Financial Responsibility and Man- ernment Reform and Oversight. annual report for fiscal year 1996, pursuant agement Assistant Authority, transmitting 409. A letter from the Executive Director, to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); the Authority’s annual report setting forth Federal Retirement Thrift Investment to the Committee on Government Reform the progress made by the District govern- Board, transmitting the Board’s final rule— and Oversight. ment in meeting the objectives and the as- Definition of Basic Pay; Thrift Savings Plan 421. A letter from the Director, National sistance provided by the Authority to the Loans (5 CFR Parts 1600, 1620, and 1655) re- Gallery of Art, transmitting the fiscal year District government, pursuant to Public Law ceived November 19, 1996, pursuant to 5 1995 annual report under the Federal Man- 104–8 section 224; to the Committee on Gov- U.S.C. 801(a)(1)(A); to the Committee on Gov- agers’ Financial Integrity Act [FMFIA] of ernment Reform and Oversight. ernment Reform and Oversight. 1982, pursuant to 31 U.S.C. 3512(c)(3); to the 399. A letter from the Chairman, District of 410. A letter from the Executive Director, Committee on Government Reform and Columbia Financial Responsibility and Man- Federal Retirement Thrift Investment Oversight. agement Assistant Authority, transmitting Board, transmitting the Board’s report in ac- 422. A letter from the Chairman, National notification that the Authority has approved cordance with the Inspector General Act Labor Relations Board, transmitting the several resolutions and orders, as well as a Amendments of 1988, pursuant to 5 U.S.C. Board’s semiannual report on the activities recommendation, concerning the operation app. (Insp. Gen. Act) section 5(b); to the of the Office of the Inspector General for the January 7, 1997 CONGRESSIONAL RECORD — HOUSE H53 period April 1, 1996, through September 30, ceived December 9, 1996, pursuant to 5 U.S.C. eral for the period from April 1, 1996, through 1996, pursuant to 5 U.S.C. app. (Insp. Gen. 801(a)(1)(A); to the Committee on Govern- September 30, 1996, and the management re- Act) section 5(b); to the Committee on Gov- ment Reform and Oversight. port for the same period, pursuant to 5 ernment Reform and Oversight. 435. A letter from the Director, Office of U.S.C. app. (Insp. Gen. Act) section 5(b); to 423. A letter from the Chairman, National Personnel Management, transmitting notifi- the Committee on Government Reform and Science Board, transmitting the Board’s cation that OPM has approved the final plan Oversight. semiannual report from the inspector gen- for a personnel management demonstration 446. A letter from the Secretary of Veter- eral covering the activities of her office for project for the Department of the Air Force, ans Affairs, transmitting the semiannual re- the period April 1, 1996, through September submitted by the Department of Defense, port on activities of the inspector general for 30, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. pursuant to Public Law 103–337, section 342(b) the period April 1, 1996, through September Act) section 5(b); to the Committee on Gov- (108 Stat. 2721); to the Committee on Govern- 30, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. ernment Reform and Oversight. ment Reform and Oversight. Act) section 5(b); to the Committee on Gov- 424. A letter from the Chairman, National 436. A letter from the Director, Office of ernment Reform and Oversight. Transportation Safety Board, transmitting Personnel Management, transmitting the 447. A letter from the Chairman, Securities the consolidated report for fiscal year 1996, semiannual report on activities of the in- and Exchange Commission, transmitting the pursuant to 31 U.S.C. 3512(c)(3); to the Com- spector general for the period of April 1, 1996, Commission’s semiannual report on the ac- mittee on Government Reform and Over- through September 30, 1996, and the manage- tivities of the inspector general together with the management response, pursuant to sight. ment response for the same period, pursuant 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to 425. A letter from the Executive Director, to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); the Committee on Government Reform and Neighborhood Reinvestment Corporation, to the Committee on Government Reform Oversight. transmitting the Corporation’s annual re- and Oversight. 448. A letter from the Director, Selective 437. A letter from the Director, Office of port under the Inspector General Act, pursu- Service System, transmitting the annual re- ant to 5 U.S.C. app. (Insp. Gen. Act) section Personnel Management, transmitting notifi- port under the Federal Managers’ Financial 5(b); to the Committee on Government Re- cation of a proposed OPM demonstration Integrity Act for fiscal year 1996, pursuant to form and Oversight. project—pay for applied skills system, De- 31 U.S.C. 3512(c)(3); to the Committee on 426. A letter from the Chairman, Nuclear partment of Veterans Affairs [VA]; notice, Government Reform and Oversight. Waste Technical Review Board, transmitting pursuant to 5 U.S.C. 4703(b)(4)(B); to the 449. A letter from the Secretary, Smithso- the Board’s consolidated report under the In- Committee on Government Reform and nian Institution, transmitting the semi- spector General Act of 1978, as amended, and Oversight. annual report on the activities of the Office the Financial Integrity Act, pursuant to 5 438. A letter from the Director, Office of of the Inspector General for the period of U.S.C. app. (Insp. Gen. Act) section 5(b); to Personnel Management, transmitting a re- April 1, 1996, through September 30, 1996, and the Committee on Government Reform and port on any benefit changes that will have a the management response for the same pe- Oversight. significant impact on a broad segment of the riod, pursuant to 5 U.S.C. app. (Insp. Gen. 427. A letter from the Director, Office of enrollees in the FEHB program; to the Com- Act) section 5(b); to the Committee on Gov- Government Ethics, transmitting the con- mittee on Government Reform and Over- ernment Reform and Oversight. solidated annual report of the Office of Gov- sight. 450. A letter from the Executive Director, ernment Ethics covering the Inspector Gen- 439. A letter from the Special Counsel, Of- State Justice Institute, transmitting the In- eral Act of 1978 and the Federal Financial fice of Special Counsel, transmitting the fis- stitute’s annual report, pursuant to 31 U.S.C. Managers’ Integrity Act of 1982, pursuant to cal year 1996 reports of the U.S. Office of 3512(c)(3); to the Committee on Government 31 U.S.C. 3512(c)(3); to the Committee on Special Counsel required by the Managers’ Reform and Oversight. Government Reform and Oversight. Financial Integrity Act, pursuant to 31 451. A letter from the Director, The Morris 428. A letter from the Independent Counsel, U.S.C. 3512(c)(3); to the Committee on Gov- K. Udall Foundation, transmitting the an- Office of Independent Counsel, transmitting ernment Reform and Oversight. nual report for the year ending September the annual report on audit and investigative 440. A letter from the President and Chief 30, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. activities, pursuant to 5 U.S.C. app. (Insp. Executive Officer, Overseas Private Invest- Act) section 5(b); to the Committee on Gov- Gen. Act) section 5(b); to the Committee on ment Corporation, transmitting the Corpora- ernment Reform and Oversight. Government Reform and Oversight. tion’s eight annual report in compliance 452. A letter from the Chairman, U.S. 429. A letter from the Deputy Independent with the Inspector General Act Amendments Equal Employment Opportunity Commis- Counsel, Office of Independent Counsel, of 1988, pursuant to 5 U.S.C. app. (Insp. Gen. sion, transmitting the Commission’s semi- transmitting the annual report on audit and Act) section 5(b); to the Committee on Gov- annual report on the activities of the Office investigative activities, pursuant to 5 U.S.C. ernment Reform and Oversight. of Inspector General for the period ending app. (Insp. Gen. Act) section 5(b); to the 441. A letter from the Chairman, Board of September 30, 1996 and the statutorily re- Committee on Government Reform and Directors, Panama Canal Commission, trans- quired management report for the same pe- Oversight. mitting the Commission’s semiannual report riod, pursuant to 5 U.S.C. app. (Insp. Gen. 430. A letter from the Deputy Independent on the activities of the Office of the Inspec- Act) section 5(b); to the Committee on Gov- Counsel, Office of Independent Counsel, tor General covering April 1, 1996, through ernment Reform and Oversight. 453. A letter from the Chairman, U.S. Merit transmitting the annual report on audit and September 30, 1996, and the management re- Systems Protection Board, transmitting the investigative activities, pursuant to 5 U.S.C. port on financial action on audits with dis- Board’s annual report, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to the allowed costs for the same period, pursuant app. (Insp. Gen. Act) section 5(b); to the Committee on Government Reform and to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); Committee on Government Reform and Oversight. to the Committee on Government Reform Oversight. 431. A letter from the Acting Director, Of- and Oversight. 454. A letter from the Director, U.S. Trade fice of Management and Budget, transmit- 442. A letter from the Chairman, Postal and Development Agency, transmitting the ting a report entitled ‘‘Statistical Programs Rate Commission, transmitting the Commis- Agency’s annual report, pursuant to 5 U.S.C. of the United States Government: Fiscal sion’s semiannual report in accordance with app. (Insp. Gen. Act) section 5(b); to the Year 1997.’’ pursuant to 44 U.S.C. 3504(e)(2); the Inspector General Act of 1978, as amend- Committee on Government Reform and to the Committee on Government Reform ed, pursuant to 5 U.S.C. app. (Insp. Gen. Act) Oversight. and Oversight. section 5(b); to the Committee on Govern- 455. A letter from the Staff Director, U.S. 432. A letter from the Deputy Director, Of- ment Reform and Oversight. Commission on Civil Rights, transmitting fice of Personnel Management, transmitting 443. A letter from the Chairman, Railroad the Commission’s annual report on its com- the Office’s final rule—Retirement, Health, Retirement Board, transmitting the Board’s pliance with the Inspector General Act of and Life Insurance Coverage for DC Finan- annual report on the Program Fraud Civil 1978 pursuant to 5 U.S.C. app. (Insp. Gen. cial Control Authority Employees (RIN: Remedies Act for fiscal year 1996, pursuant Act) section 5(b); to the Committee on Gov- 3206–AG78) received November 19, 1996, pursu- to 31 U.S.C. 3810; to the Committee on Gov- ernment Reform and Oversight. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ernment Reform and Oversight. 456. A letter from the Chairman, U.S. on Government Reform and Oversight. 444. A letter from the Secretary of Housing Consumer Product Safety Commission, 433. A letter from the Director, Office of and Urban Development, transmitting notifi- transmitting the Commission’s semiannual Personnel Management, transmitting the Of- cation that it is in the public interest to report on the activities of the Office of In- fice’s final rule—Cost-of-Living Allowances award a contract to ABT Associates, Inc., to spector General for the period April 1, 1996 (Nonforeign Areas); Partnership Pilot provide technical assistance to HUD and the through September 30, 1996, pursuant to 5 Project (RIN: 3206–AH56) received December Camden Partnership in the administration of U.S.C. app. (Insp. Gen. Act) section 5(b); to 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to HUD-funded community development, the Committee on Government Reform and the Committee on Government Reform and HOME, and homeless shelter programs, pur- Oversight. Oversight. suant to 41 U.S.C. 253(c)(7); to the Committee 457. A letter from the Acting Museum Di- 434. A letter from the Director, Office of on Government Reform and Oversight. rector, U.S. Holocaust Memorial Museum, Personnel Management, transmitting the Of- 445. A letter from the Secretary of Labor, transmitting the consolidated report on ac- fice’s final rule—Family and Medical Leave transmitting the semiannual report on the countability and proper management of Fed- [5 CFR Parts 630 and 890] (RIN 3206–AH10) re- activities of the Office of the Inspector Gen- eral resources as required by the Inspector H54 CONGRESSIONAL RECORD — HOUSE January 7, 1997 General Act and the Federal Financial Man- 469. A letter from the Assistant Secretary 01; I.D. 092596B] received October 8, 1996, pur- ager’s Integrity Act, pursuant to 31 U.S.C. for Land and Minerals Management, Depart- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 3512(c)(3); to the Committee on Government ment of the Interior, transmitting the De- tee on Resources. Reform and Oversight. partment’s final rule—Outer Continental 479. A letter from the Director, Office of 458. A letter from the Director, U.S. Infor- Shelf Lease Terms (RIN: 1010–AC15) received Sustainable Fisheries, National Marine Fish- mation Agency, transmitting the semi- October 25, 1996, pursuant to 5 U.S.C. eries Service, transmitting the Service’s annual report on activities of the Inspector 801(a)(1)(A); to the Committee on Resources. final rule—Fisheries of the Exclusive Eco- General for the period April 1, 1996, through 470. A letter from the Assistant Secretary nomic Zone Off Alaska; Reallocation of Pa- September 30, 1996, also the management re- for Land and Minerals Management, Depart- cific Cod [Docket No. 960129019–6019–01; I.D. port for the same period, pursuant to 5 ment of the Interior, transmitting the De- 081696B] received October 8, 1996, pursuant to U.S.C. app. (Insp. Gen. Act) section 5(b); to partment’s final rule—Allow Lessees More 5 U.S.C. 801(a)(1)(A); to the Committee on the Committee on Government Reform and Flexibility in Keeping Leases in Force Be- Resources. Oversight. yond Their Primary Term (RIN: 1010–AC07) 480. A letter from the Director, Office of 459. A letter from the Inspector General received October 25, 1996, pursuant to 5 Sustainable Fisheries, National Marine Fish- U.S. Information Agency, transmitting ac- U.S.C. 801(a)(1)(A); to the Committee on Re- eries Service, transmitting the Service’s tivities of the inspector general, pursuant to sources. final rule—Fisheries of the Exclusive Eco- 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to 471. A letter from the Acting Assistant nomic Zone Off Alaska; North Pacific Fish- the Committee on Government Reform and Secretary for Land and Minerals Manage- eries Research Plan; Interim Groundfish Ob- Oversight. ment, Department of the Interior, transmit- server Program [Docket No. 960717195–6280–02; 460. A letter from the Chairman, U.S. ting the Department’s final rule—Grazing I.D. 070196E] (RIN: 0648–AI95) received Octo- International Trade Commission, transmit- Administration, Exclusive of Alaska; Devel- ber 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); ting the Commission’s semiannual report on opment and Completion of Standards and to the Committee on Resources. the activities of the inspector general for the Guidelines; Implementation of Fallback 481. A letter from the Assistant Adminis- period April 1, 1996 through September 30, Standards and Guidelines [WO–330–1020–00– trator for Fisheries, National Marine Fish- 1996, pursuant to 5 U.S.C. app. (Insp. Gen. 24–1A] (RIN: 1004–AB89) received November eries Service, transmitting the Service’s Act) section 5(b); to the Committee on Gov- 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to final rule—Fisheries of the Northeastern ernment Reform and Oversight. the Committee on Resources. United States; Northeast Multispecies Fish- 461. A letter from the Director, Woodrow 472. A letter from the Assistant Secretary ery; Framework Adjustment 19 [Docket No. Wilson Center, transmitting the Center’s an- for Water and Science, Department of the In- 961021289–6289–01; I.D. 100196C] (RIN: 0648– nual report for fiscal year 1996, pursuant to 5 terior, transmitting the Department’s final AJ26) received October 29, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to rule—Acreage Limitation and Water Con- U.S.C. 801(a)(1)(A); to the Committee on Re- the Committee on Government Reform and servation Rules and Regulations (Bureau of sources. Oversight. Reclamation) (RIN: 1006–AA32) received De- 482. A letter from the Acting Assistant Ad- 462. A letter from the Librarian of Con- cember 11, 1996, pursuant to 5 U.S.C. ministrator for Fisheries, National Marine gress, transmitting the annual report of the 801(a)(1)(A); to the Committee on Resources. Fisheries Service, transmitting the Service’s Library of Congress Trust Fund Board for 473. A letter from the General Counsel, De- final rule—West Coast Salmon Fisheries; the fiscal year ending September 30, 1995, partment of Housing and Urban Development Northwest Emergency Assistance Plan— pursuant to 2 U.S.C. 163; to the Committee transmitting the Department’s final rule— Washington Salmon License Buy Out [Dock- on House Oversight. Protection and Enhancement of Environ- et No. 960412111–6297–04; I.D. 102396C] received 463. A letter from the Secretary of Health mental Quality [Docket No. FR–2206–F–03] November 1, 1996, pursuant to 5 U.S.C. and Human Services, transmitting the De- (RIN: 2501–AA30) received October 15, 1996, 801(a)(1)(A); to the Committee on Resources. partment’s final rule—Medicaid Administra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 483. A letter from the Acting Director, Of- tion for Children and Families (45 CFR Part mittee on Resources. fice of Sustainable Fisheries, National Ma- 205.50); Aid to families with Dependent Chil- 474. A letter from the Acting Director, Fish rine Fisheries Service, transmitting the dren (RIN: 0970–AB32) received November 15, and Wildlife Service, transmitting the Serv- Service’s final rule—Fisheries of the Exclu- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ice’s final rule—Endangered and Threatened sive Economic Zone Off Alaska; Yellowfin Committee on House Oversight. Wildlife and Plants; Listing of the Central Sole by Vessels Using Trawl Gear in the 464. A letter from the Deputy Under Sec- California Coast Coho Salmon as Threatened Bearing Sea and Aleutian Islands [Docket retary for Natural Resources and Environ- in California (RIN: 1018–AE05) received No- No. 960129019–6019–01; I.D. 102596A] received ment, Department of Agriculture, transmit- vember 19, 1996, pursuant to 5 U.S.C. October 31, 1996, pursuant to 5 U.S.C. ting notification of the intention to accept a 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on Resources. 90-acre land donation to be added to wilder- 475. A letter from the Assistant Adminis- 484. A letter from the Deputy Assistant Ad- ness areas, pursuant to 16 U.S.C. 1135(a); to trator for Fisheries, National Marine Fish- ministrator for Fisheries, National Marine the Committee on Resources. eries Service, transmitting the Service’s Fisheries Service, transmitting the Service’s 465. A letter from the Assistant Secretary final rule—Endangered and Threatened Spe- final rule—Fisheries of the Northeastern of the Interior for Indian Affairs, transmit- cies; Threatened Status for Central Califor- United States; Amendment 8 to the Summer ting a proposed plan for the use and distribu- nia Coast Coho Salmon Evolutionarily Sig- Flounder and Scup Fishery Management tion of the White Mountain Apache Tribe’s nificant Unit (ESU) [Docket No. 950407093– Plan; Resubmission of Disapproved Measures (Tribe) judgment funds in Docket 22–H, be- 6298–03; I.D. 012595A] received November 13, [Docket No. 960520141–6277–04; I.D. 073096D] fore the U.S. Court of Federal Claims, pursu- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the (RIN: 0648–AH05) received October 29, 1996, ant to 25 U.S.C. 1402(a) and 1404; to the Com- Committee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Resources. 476. A letter from the Acting Director, Of- mittee on Resources. 466. A letter from the Assistant Secretary fice of Sustainable Fisheries, National Ma- 485. A letter from the Director, Office of for Fish and Wildlife and Parks, Department rine Fisheries Service, transmitting the Sustainable Fisheries, National Marine Fish- of the Interior, transmitting the Depart- Service’s final rule—Fisheries Off West Coast eries Service, transmitting the Service’s ment’s final rule—National Park System States and in the Western Pacific; Pacific final rule—Fisheries of the Exclusive Eco- Units in Alaska (National Park Service) Coast Groundfish Fishery; Trip Limit Reduc- nomic Zone Off Alaska; Pacific Ocean Perch (RIN: 1024–AC19) received October 15, 1996, tions [Docket No. 951227306–5306–01; I.D. in the Eastern Gulf of Alaska [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 102996A] received November 5, 1996, pursuant 960129018–6018–01; I.D. 093096A] received Octo- mittee on Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on ber 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 467. A letter from the Assistant Secretary Resources. to the Committee on Resources. for Fish and Wildlife and Plants, Department 477. A letter from the Acting Director, Of- 486. A letter from the Acting Director, Of- of the Interior, transmitting the Depart- fice of Sustainable Fisheries, National Ma- fice of Sustainable Fisheries, National Ma- ment’s final rule—Endangered and Threat- rine Fisheries Service, transmitting the rine Fisheries Service, transmitting the ened Wildlife and Plants: Establishment of a Service’s final rule—Fisheries of the Exclu- Service’s final rule—Fisheries of the Exclu- Nonessential Experimental Population of sive Economic Zone Off Alaska; Record- sive Economic Zone Off Alaska; Yellowfin California Condors in Northern Arizona (Fish keeping and Reporting Requirements in the Sole by Vessels Using Trawl Gear in the and Wildlife Service) (RIN: 1018–AD62) re- Gulf of Alaska [Docket No. 960129018–6018–01; Bearing Sea and Aleutian Islands [Docket ceived October 14, 1996, pursuant to 5 U.S.C. I.D. 093096D] received October 8, 1996, pursu- No. 960129019–6019–01; I.D. 100196B] received 801(a)(1)(A); to the Committee on Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee October 8, 1996, pursuant to 5 U.S.C. 468. A letter from the Assistant Secretary on Resources. 801(a)(1)(A); to the Committee on Resources. for Land and Minerals Management, Depart- 478. A letter from the Director, Office of 487. A letter from the Acting Director, Of- ment of the Interior, transmitting the De- Sustainable Fisheries, National Marine Fish- fice of Sustainable Fisheries, National Ma- partment’s final rule—Oil and Gas and Sul- eries Service, transmitting the Service’s rine Fisheries Service, transmitting the phur Operations in the Outer Continental final rule—Fisheries Off West Coast States Service’s final rule—Atlantic Tuna Fish- Shelf (RIN: 1010–AC03) received November 8, and in the Western Pacific; Pacific Coast eries; Adjustments [I.D. 100296D] received Oc- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Groundfish Fishery; Nontrawl Sablefish tober 15, 1996, pursuant to 5 U.S.C. Committee on Resources. Mop-Up Fishery [Docket No. 951227306–5306– 801(a)(1)(A); to the Committee on Resources. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H55 488. A letter from the Acting Director, Of- sive Economic Zone Off Alaska; Inshore Fisheries Service, transmitting the Service’s fice of Sustainable Fisheries, National Ma- Component of Pollock in the Bering Sea final rule—Fisheries of the Exclusive Eco- rine Fisheries Service, transmitting the Subarea [Docket No. 960129019–6019–01; I.D. nomic Zone Off Alaska; Pacific Cod by Ves- Service’s final rule—Fisheries of the Exclu- 101596F] received October 22, 1996, pursuant sels Using Hook-and-Line Gear in the Bering sive Economic Zone Off Alaska; Pollock in to 5 U.S.C. 801(a)(1)(A); to the Committee on Sea and Aleutian Islands [Docket No. Statistical Area 620 [Docket No. 960129018– Resources. 960129019–6019–01; I.D. 110496B] received No- 6018–01; I.D. 093096B] received October 22, 498. A letter from the Acting Director, Of- vember 26, 1996, pursuant to 5 U.S.C. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the fice of Sustainable Fisheries, National Ma- 801(a)(1)(A); to the Committee on Resources. Committee on Resources. rine Fisheries Service, transmitting the 507. A letter from the Acting Director, Of- 489. A letter from the Director, Office of Service’s final rule—Fisheries of the Exclu- fice of Sustainable Fisheries, National Ma- Sustainable Fisheries, National Marine Fish- sive Economic Zone Off Alaska; Offshore rines Fisheries Service, transmitting the eries Service, transmitting the Service’s Component of Pollock in the Bering Sea Service’s final rule—Fisheries of the Exclu- final rule—Gulf of Mexico Fisheries Disaster Subarea [Docket No. 960129019–6019–01; I.D. sive Economic Zone Off Alaska; Scallop Program; Revisions [Docket No. 960322092– 101696B] received October 22, 1996, pursuant Fishery; Closure in Registration Area M 6284–03; I.D. 100796A] (RIN: 0648–ZA19) re- to 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. 960502124–6190–02; I.D. 103196D] ceived October 28, 1996, pursuant to 5 U.S.C. Resources. received November 26, 1996, pursuant to 5 801(a)(1)(A); to the Committee on Resources. 499. A letter from the Deputy Assistant Ad- U.S.C. 801(a)(1)(A); to the Committee on Re- 490. A letter from the Acting Director, Of- ministrator for Fisheries, National Marine sources. fice of Sustainable Fisheries, National Ma- Fisheries Service, transmitting the Service’s 508. A letter from the Assistant Adminis- rine Fisheries Service, transmitting the final rule—Fisheries of the Northeastern trator, National Ocean Service, transmitting Service’s final rule—Fisheries of the Exclu- United States; Amendment 9 to the Summer the Service’s final rule—Announcement of sive Economic Zone Off Alaska; Trawl Gear Flounder, Scup, and Black Sea Bass Fishery Graduate Research Fellowships in the Na- Rockfish Fishery in the Bering Sea and Management Plan [Docket No. 960805216– tional Estuarine Research Reserve System Aleutian Islands [Docket No. 960129019–6019– 6307–03; I.D. 071596E] (RIN: 0648–AH06) re- for Fiscal Year 1997 [Docket No. 960910251– 01; I.D. 100796C] received October 22, 1996, ceived November 19, 1996, pursuant to 5 6251–01] RIN: 0648–ZA24) received October 10, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Re- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Resources. sources. Committee on Resources. 491. A letter from the Director, Office of 500. A letter from the Assistant Adminis- 509. A letter from the Acting Assistant Ad- Sustainable Fisheries, National Marine Fish- trator for Fisheries, National Marine Fish- ministrator for Fisheries, National Oceanic eries Service, transmitting the Service’s eries Service, transmitting the Service’s and Atmospheric Administration, transmit- final rule—Fisheries of the Exclusive Eco- final rule—Fisheries of the Northeastern ting the Administration’s final rule—Fish- nomic Zone Off Alaska; Northern Rockfish in United States; Northeast Multispecies Fish- eries of the Exclusive Economic Zone off the Western Gulf of Alaska [Docket No. ery; Monkfish Exempted Trawl Fishery Alaska; Bering Sea and Aleutian Islands 960129018–6018–01; I.D. 100496B] received Octo- [Docket No. 961008281–6281–01; I.D. 091896B] Area; Interim 1997 Harvest Specifications ber 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); (RIN: 0648–AJ25) received October 17, 1996, [Docket No. 961114318–6318–01; ID 110496A] to the Committee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 0648–XX71) received December 12, 1996, 492. A letter from the Acting Director, Of- mittee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 501. A letter from the Assistant Adminis- fice of Sustainable Fisheries, National Ma- mittee on Resources. trator for Fisheries, National Marine Fish- rine Fisheries Service, transmitting the 510. A letter from the Director, Office of eries Service, transmitting the Service’s Service’s final rule—Fisheries of the Exclu- Sustainable Fisheries, National Oceanic and final rule—Fisheries of the Exclusive Eco- sive Economic Zone Off Alaska; Pollock in Atmospheric Administration, transmitting nomic Zone Off Alaska; Gulf of Alaska; In- Statistical Area 620 [Docket No. 960129018– the Administration’s final rule—Fisheries of terim 1997 Harvest Specifications [Docket 6018–01; I.D. 101896A] received October 22, the Exclusive Economic Zone Off Alaska; No. 961126333–6333–01; ID 110496A] (RIN: 0648– 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Scallop Fishery; Closure in District 16 of XX73) received December 6, 1996, pursuant to Committee on Resources. Registration Area D [Docket No. 960502124– 5 U.S.C. 801(a)(1)(A); to the Committee on 493. A letter from the Acting Director, Of- 6190–02; ID 112796B] received December 10, Resources. fice of Sustainable Fisheries, National Ma- 502. A letter from the Director, Office of 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the rine Fisheries Service, transmitting the sustainable Fisheries, National Marine Fish- Committee on Resources. Service’s final rule—Fisheries of the Carib- eries Service, transmitting the Service’s 511. A letter from the Acting Deputy As- bean, Gulf of Mexico, and South Atlantic; final rule—Fisheries of the Exclusive Eco- sistant Administrator, National Oceanic and Reef Fish Fishery of the Gulf of Mexico; Clo- nomic Zone Off Alaska; Trawl Gear in the Atmospheric Administration, transmitting sure of the Commercial Red Snapper Compo- Gulf of Alaska [Docket No. 960129018–6018–01, the Administration’s final rule—Regulation nent [Docket No. 960807218–6244–02; I.D. ID 120296A] received December 6, 1996, pursu- to Prohibit the Attraction of White Sharks 100296E] received October 22, 1996, pursuant ant to 5 U.S.C. 801(a)(1)(A); to the Committee in the Monterey Bay National Marine Sanc- to 5 U.S.C. 801(a)(1)(A); to the Committee on on Resources. tuary [Docket No. 950222055–6228–03] (RIN: Resources. 503. A letter from the Acting Director, Of- 0648–AH92) received December 18, 1996, pursu- 494. A letter from the Acting Director, Of- fice of Sustainable Fisheries, National Ma- ant to 5 U.S.C. 801(a)(1)(A); to the Committee fice of Sustainable Fisheries, National Ma- rines Fisheries Service, transmitting the on Resources. rine Fisheries Service, transmitting the Service’s final rule—Scallop Fishery Off 512. A letter from the Acting Assistant Ad- Service’s final rule—Fisheries of the Exclu- Alaska; Shelikof District Registration Area ministrator for Fisheries, National Oceanic sive Economic Zone Off Alaska; Greenland K [Docket No. 960129018–6018–01; I.D. 102996B] and Atmospheric Administration, transmit- Turbot in the Bering Sea Subarea [Docket received October 31, 1996, pursuant to 5 ting the Administration’s final rule—Fish- No. 960129019–6019–01; I.D. 100296H] received U.S.C. 801(a)(1)(A); to the Committee on Re- eries of the Exclusive Economic Zone Off October 22, 1996, pursuant to 5 U.S.C. sources. Alaska; Groundfish of the Bering Sea and 801(a)(1)(A); to the Committee on Resources. 504. A letter from the Acting Director, Of- Aleutian Islands Area; Trawl Closure to Pro- 495. A letter from the Acting Director, Of- fice of Sustainable Fisheries, National Ma- tect Red King Crab [Docket No. 9608–30240– fice of Sustainable Fisheries, National Ma- rines Fisheries Service, transmitting the 6338–02; ID 082796A] (RIN: 0648–AH28) received rine Fisheries Service, transmitting the Service’s final rule—Fisheries of the Exclu- December 13, 1996, pursuant to 5 U.S.C. Service’s final rule—Fraser River Sockeye sive Economic Zone Off Alaska; Pacific Cod 801(a)(1)(A); to the Committee on Resources. and Pink Salmon Fisheries; Inseason Orders by Vessels Using Trawl Gear in the Bering 513. A letter from the Acting Deputy As- [I.D. 101696A] received October 22, 1996, pur- Sea and Aleutian Islands Management Area sistant Administrator for Fisheries, National suant to 5 U.S.C. 801(a)(1)(A); to the Commit- [Docket No. 960129019–6019–01; I.D. 110896C] re- Oceanic and Atmospheric Administration, tee on Resources. ceived November 26, 1996, pursuant to 5 transmitting the Administration’s final 496. A letter from the Acting Director, Of- U.S.C. 801(a)(1)(A); to the Committee on Re- rule—Fisheries of the Caribbean, Gulf of fice of Sustainable Fisheries, National Ma- sources. Mexico, and South Atlantic; Queen Conch rine Fisheries Service, transmitting the 505. A letter from the Acting Director, Of- Resources of Puerto Rico and the U.S. Virgin Service’s final rule—Fisheries of the Exclu- fice of Sustainable Fisheries, National Ma- Islands; Initial Regulations [Docket No. sive Economic Zone Off Alaska; Record- rines Fisheries Service, transmitting the 960919266–6336–02; ID 082096D] (RIN: 0648– keeping and Reporting Requirements; Pa- Service’s final rule—Fisheries of the Exclu- AD91) received December 17, 1996, pursuant cific Ocean Perch and ‘‘Other Red Rockfish’’ sive Economic Zone Off Alaska; Tanner Crab to 5 U.S.C. 801(a)(1)(A); to the Committee on in the Bering Sea Subarea [Docket No. Bycatch Allowances for Vessels Using Trawl Resources. 960129019–6019–01; I.D. 100296G] received Octo- Gear in Zone 1 of the Bering Sea and Aleu- 514. A letter from the Acting Assistant Ad- ber 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); tian Islands [Docket No. 960129019–6019–01; ministrator for Fisheries, National Oceanic to the Committee on Resources. I.D. 110186A] received November 26, 1996, pur- and Atmospheric Administration, transmit- 497. A letter from the Acting Director, Of- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ting the Administration’s final rule—Fish- fice of Sustainable Fisheries, National Ma- tee on Resources. eries of the Caribbean, Gulf of Mexico, and rine Fisheries Service, transmitting the 506. A letter from the Director, Office of South Atlantic; Reef Fish Fishery of the Service’s final rule—Fisheries of the Exclu- Sustainable Fisheries, National Marines Gulf of Mexico; Amendment 12 [Docket No. H56 CONGRESSIONAL RECORD — HOUSE January 7, 1997 950810206–6288–06; ID 070296D] (RIN: 0648– 527. A letter from the Chief Counsel, Office 536. A letter from the Director, Office of AG29) received December 17, 1996, pursuant of Foreign Assets Control, Department of the Regulations Management, Department of to 5 U.S.C. 801(a)(1)(A); to the Committee on Treasury, transmitting the Department’s Veterans Affairs, transmitting the Depart- Resources. final rule—Foreign Assets Control Regula- ment’s final rule—Federal Civil Penalties In- 515. A letter from the Acting Director, Of- tions, Cuban Assets Control Regulations, flation Adjustment (RIN: 2900–AI48) received fice of Surface Mining, transmitting the Of- Iranian Assets Control Regulations, Libyan October 30, 1996, pursuant to 5 U.S.C. fice’s final rule—Indiana Regulatory Pro- Sanctions Regulations, Iranian Transactions 801(a)(1)(A); to the Committee on the Judici- gram [IN–119–FOR; State Amendment No. 94– Regulations, Iraqi Sanctions Regulations; ary. 5] received October 23, 1996, pursuant to 5 Federal Republic of Yugoslavia (Serbia and 537. A letter from the Chairman and Chief U.S.C. 801(a)(1)(A); to the Committee on Re- Montenegro) and Bosnian Serb-Controlled Executive Officer, Farm Credit Administra- sources. Areas of the Republic of Bosnia and tion, transmitting the Administration’s final 516. A letter from the Acting Director, Of- Herzegovina Sanctions Regulations, UNITA rule—Rules of Practice and Procedure; Ad- fice of Surface Mining, transmitting the Of- (Angola) Sanctions Regulations, Terrorism justing Civil Money Penalties for Inflation fice’s final rule—Ohio Regulatory Program Sanctions Regulations, Implementation of (RIN: 3052–AB74) received October 29, 1996, [OH–237; Amendment No. 71] received Octo- Section 4 of the Federal Civil Penalties In- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ber 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); flation Adjustment Act of 1990, as amended mittee on the Judiciary. to the Committee on Resources. by the Debt Collection Improvement Act of 538. A letter from the Director, Federal Bu- 517. A letter from the Acting Director, Of- 1996 (31 CFR Parts 500, 515, 535, 550, 560, 575, reau of Prisons, transmitting the Bureau’s fice of Surface Mining, transmitting the Of- 585, 590 and 595) received October 17, 1996, final rule—Federal Prison Industries (FPI) fice’s final rule—Colorado Regulatory Pro- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Inmate Work Programs: Sick Call Status gram [SPATS No. CO–030–FOR] received No- mittee on the Judiciary. [BOP–1060–F] (RIN: 1120–AA50) received No- vember 15, 1996, pursuant to 5 U.S.C. 528. A letter from the Acting Chief Finan- vember 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. cial Officer and Assistant Secretary for Ad- 801(a)(1)(A); to the Committee on the Judici- 518. A letter from the Acting Director, Of- ministration, Department of Commerce, ary. fice of Surface Mining Reclamation and En- 539. A letter from the Director, Federal Bu- transmitting the Department’s final rule— forcement, transmitting the Office’s final reau of Prisons, transmitting the Bureau’s Civil Monetary Penalties; Adjustment for In- rule—Kentucky Regulatory Program [KY– final rule—Incoming Publications: Nudity flation [Docket No. 961021291–6291–01] (RIN: 208–FOR] received December 12, 1996, pursu- and Sexual Explicit Material or Information 0690–AA27) received October 21, 1996, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee [BOP–1064–I] (RIN: 1120–AA59) received No- ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. vember 12, 1996, pursuant to 5 U.S.C. 519. A letter from the Acting Director, Of- on the Judiciary. 529. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on the Judici- fice of Surface Mining Reclamation and En- ary. of Commerce and Commissioner of Patents forcement, transmitting the Office’s final 540. A letter from the Director, Federal Bu- and Trademarks, Department of Commerce, rule—Oklahoma Regulatory Program reau of Prisons, transmitting the Bureau’s [SPATS No. OK–019–FOR] received December transmitting the Department’s final rule— final rule—Unescorted Transfers and Vol- 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Communications with the Patent and Trade- untary Surrenders [BOP–1041–F] (RIN: 1120– the Committee on Resources. mark Office [Docket No. 951006247–6255–02] AA45) received December 16, 1996, pursuant 520. A letter from the Acting Director, Of- (RIN: 0651–AA70) received October 29, 1996, to 5 U.S.C. 801(a)(1)(A); to the Committee on fice of Surface Mining Reclamation and En- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Judiciary. forcement, transmitting the Office’s final mittee on the Judiciary. 541. A letter from the Director, Office of rule—Texas Regulatory Program [SPATS 530. A letter from the Assistant Attorney Legislative Affairs, Federal Deposit Insur- No. TX–031–FOR] received December 16, 1996, General, Civil Rights Division, Department ance Corporation, transmitting the Corpora- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Justice, transmitting the Department’s tion’s final rule—Rules of Practice and Pro- mittee on Resources. final rule—Redress Provisions for Persons of cedure (12 CFR Part 308) received November 521. A letter from the Secretary of Com- Japanese Ancestry: Guidelines for Individ- 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to merce, transmitting the Department’s report uals Who Relocated to Japan as Minors Dur- the Committee on the Judiciary. entitled ‘‘Historic Rationale, Effectiveness ing World War II [AG Order No. 2056–96] (RIN: 542. A letter from the Secretary, Federal and Biological Efficiency of Existing Regula- 1190–AA42) received October 29, 1996, pursu- Trade Commission, transmitting the Com- tions for the U.S. Atlantic Bluefin Tuna ant to 5 U.S.C. 801(a)(1)(A); to the Committee mission’s 17th annual report to Congress pur- Fisheries.’’, pursuant to section 310 of Public on the Judiciary. suant to section 201 of the Hart-Scott-Rodino Law 104–43, the Fisheries Act of 1995; to the 531. A letter from the Assistant Attorney Antitrust Improvements Act of 1976, pursu- Committee on Resources. General, Department of Justice, transmit- ant to 15 U.S.C. 18a(j); to the Committee on 522. A letter from the Assistant Attorney ting the Department’s final rule—Grants the Judiciary. General, Department of Justice, transmit- Program for Indian Tribes [OJP No. 1099] 543. A letter from the Secretary, Federal ting the report on the administration of the (RIN: 1121–AA41) received October 9, 1996, Trade Commission, transmitting the Com- Foreign Agents Registration Act covering pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mission’s final rule—Debt Collection Im- the calendar year 1995, pursuant to 22 U.S.C. mittee on the Judiciary. provement Act of 1996 (16 CFR Parts 1, 305, 621; to the Committee on the Judiciary. 532. A letter from the Director, Office for 306, and 460) received November 13, 1996, pur- 523. A letter from the Assistant to the Victims of Crime, Department of Justice, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Board, Board of Governors of the Federal Re- transmitting a report on the programs and tee on the Judiciary. serve System, transmitting the Board’s final activities of the Department’s Office of 544. A letter from the Commissioner, Immi- rule—Rules of Practice for Hearings [Docket Crime (OVC), pursuant to 42 U.S.C. 10601 et gration and Naturalization Service, trans- No. R–0938] received October 30, 1996, pursu- seq.; to the Committee on the Judiciary. mitting the Service’s final rule—Revocation ant to 5 U.S.C. 801(a)(1)(A); to the Committee 533. A letter from the Assistant Secretary of Naturalization [INS No. 1634–93] (RIN: on the Judiciary. for Legislative Affairs, Department of State, 1115–AD45) received November 1, 1996, pursu- 524. A letter from the Regulatory Policy transmitting the Department’s final rule— ant to 5 U.S.C. 801(a)(1)(A); to the Committee Officer, Bureau of Alcohol, Tobacco and Visas: Regulations Pertaining to Both Non- on the Judiciary. Firearms, transmitting the Bureau’s final immigrants and Immigrants Under the Im- 545. A letter from the Commissioner, Immi- rule—Implementation of Debt Collection Im- migration and Nationality Act, as amended gration and Naturalization Service, trans- provement Act of 1996 With Respect to the [Public Notice 2463] received November 6, mitting the Service’s final rule—Establish- Civil Penalties Provision of the Alcohol Bev- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of a Dedicated Commuter Lane (DCL) erage Labeling Act of 1988 (96R–023P) (RIN: Committee on the Judiciary. System Costs Fee for Participation in the 1512–AB62) received November 5, 1996, pursu- 534. A letter from the Assistant Secretary Port Passenger Accelerated Service ant to 5 U.S.C. 801(a)(1)(A); to the Committee for Legislative Affairs, Department of State, (PORTPASS) Program [Docket No. 1794–96] on the Judiciary. transmitting the Department’s final rule— (RIN: 1115–AD82) received October 15, 1996, 525. A letter from the Chair, Commission Documentation of Immigrants under the Im- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on Child and Family Welfare, transmitting a migration and Nationality Act, as Amended mittee on the Judiciary. copy of the final report of the Commission (Bureau of Consular Affairs) [Public Notice 546. A letter from the Commissioner, Immi- on Child and Family Welfare, pursuant to 2478] received December 3, 1996, pursuant to 5 gration and Naturalization Service, trans- Public Law 102–521, section 5(i) (106 Stat. U.S.C. 801(a)(1)(A); to the Committee on the mitting the Service’s final rule—Collection 3407); to the Committee on the Judiciary. Judiciary. of Fees Under the Dedicated Commuter Lane 526. A letter from the Acting Executive Di- 535. A letter from the General Counsel, De- Program; Port Passenger Accelerated Serv- rector, Commodity Futures Trading Com- partment of Transportation, transmitting ice (PORTPASS) Program [Docket No. 1675– mission, transmitting the Commission’s the Department’s final rule—Seaway Regula- 94] (RIN: 1115–AD82) received October 15, 1996, final rule—Adjustment of Civil Monetary tions and Rules: Inflation Adjustment of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Penalties for Inflation (17 CFR Part 143) re- Civil Monetary Penalty (RIN: 2135–AA09) re- mittee on the Judiciary. ceived October 25, 1996, pursuant to 5 U.S.C. ceived October 24, 1996, pursuant to 5 U.S.C. 547. A letter from the Commissioner, Immi- 801(a)(1)(A); to the Committee on the Judici- 801(a)(1)(A); to the Committee on the Judici- gration and Naturalization Service, trans- ary. ary. mitting the Service’s final rule—Adjustment January 7, 1997 CONGRESSIONAL RECORD — HOUSE H57 of Status to That of Person Admitted for 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 568. A letter from the General Counsel, De- Permanent Residence: Interview [INS Dock- Committee on Transportation and Infra- partment of Transportation, transmitting et No. 1373–95] (RIN: 1115–AD12) received De- structure. the Department’s final rule—Amendment to cember 2, 1996, pursuant to 5 U.S.C. 559. A letter from the General Counsel, De- Class E Airspace, Hays, KS (Federal Aviation 801(a)(1)(A); to the Committee on the Judici- partment of Transportation, transmitting Administration) [Docket No. 96–ACE–16] re- ary. the Department’s final rule—Airworthiness ceived November 5, 1996, pursuant to 5 U.S.C. 548. A letter from the Director, Office of Directives; Cessna Model 560 Series Airplanes 801(a)(1)(A); to the Committee on Transpor- Congressional Affairs, Nuclear Regulatory (Federal Aviation Administration) [Docket tation and Infrastructure. Commission, transmitting the Commission’s No. 96–NM–267–AD, Amdt. 39–9844, AD 96–24– 569. A letter from the General Counsel, De- final rule—Adjustment of Civil Monetary 06] (RIN: 2120–AA64) received December 6, partment of Transportation, transmitting Penalties for Inflation (RIN: 3150–AF37) re- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Establishment ceived October 10, 1996, pursuant to 5 U.S.C. Committee on Transportation and Infra- of Class E Airspace, Murrieta/Temecula, CA 801(a)(1)(A); to the Committee on the Judici- structure. (Federal Aviation Administration) [Docket ary. 560. A letter from the General Counsel, De- No. 96–AWP–2] (RIN: 2120–AA66) (1996–0161) 549. A letter from the Deputy Director, Of- partment of Transportation, transmitting received November 5, 1996, pursuant to 5 fice of Personnel Management, transmitting the Department’s final rule—Amendment to U.S.C. 801(a)(1)(A); to the Committee on the Office’s final rule—Voting Rights Pro- Using Agency for Restricted Area 2202B (R– Transportation and Infrastructure. gram (RIN: 3206–AH69) received December 13, 2202B), Big Delta, AK (Federal Aviation Ad- 570. A letter from the General Counsel, De- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ministration) [Airspace Docket No. 96–AAL– partment of Transportation, transmitting Committee on the Judiciary. 30], (RIN: 2120–AA66) received December 6, the Department’s final rule—Establishment 550. A letter from the Assistant Secretary 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Class E Airspace, Grundy, VA (Federal of Commerce and Commissioner of Patents Committee on Transportation and Infra- Aviation Administration) (RIN: 2120–AA66) and Trademarks, Patent and Trademark Of- structure. (1996–0160) received November 5, 1996, pursu- fice, transmitting the Office’s final rule— 561. A letter from the General Counsel, De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Changes in Signature and Filing Require- partment of Transportation, transmitting on Transportation and Infrastructure. ments for Correspondence Filed in the Pat- the Department’s final rule—Standard In- 571. A letter from the General Counsel, De- ent and Trademark Office [Docket No. strument Approach Procedures; Miscellane- partment of Transportation, transmitting 961030301–6301–01] (RIN: 0651–AA55) received ous Amendments (Federal Aviation Adminis- the Department’s final rule—Amendment of December 2, 1996, pursuant to 5 U.S.C. tration) [Docket No. 28739, Amdt. No. 1768] Class E Airspace, Tonopah, NV (Federal 801(a)(1)(A); to the Committee on the Judici- (RIN: 2120–AA65) received December 6, 1996, Aviation Administration) (RIN: 2120–AA66) ary. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (1996–0143) received October 10, 1996, pursuant 551. A letter from the Secretary of Health mittee on Transportation and Infrastruc- to 5 U.S.C. 801(a)(1)(A); to the Committee on and Human Services, transmitting the De- ture. Transportation and Infrastructure. 572. A letter from the General Counsel, De- partment’s final rule—Medicare and State 562. A letter from the General Counsel, De- partment of Transportation, transmitting Health Care Programs and Program Fraud partment of Transportation, transmitting the Department’s final rule—Amendment to Civil Remedies: Fraud and Abuse; Civil the Department’s final rule—Standard In- Class E Airspace, Knob Noster, MO (Federal Money Penalties Inflation Adjustments strument Approach Procedures; Miscellane- Aviation Administration) [Airspace Docket (RIN: 0991–AZ00) received October 14, 1996, ous Amendments (Federal Aviation Adminis- No. 96–ACE–17] (RIN: 2120–AA66) (1996–0165) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tration) [Docket No. 28740, Amdt. No. 1769] received November 14, 1996, pursuant to 5 mittee on the Judiciary. (RIN: 2120–AA65) received December 6, 1996, U.S.C. 801(a)(1)(A); to the Committee on 552. A letter from the Secretary, Securities pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. and Exchange Commission, transmitting the mittee on Transportation and Infrastruc- 573. A letter from the General Counsel, De- Commission’s final rule—Adjustments to ture. partment of Transportation, transmitting 563. A letter from the General Counsel, De- Civil Monetary Penalty Amounts [Release the Department’s final rule—Removal of partment of Transportation, transmitting Nos. 33–7361; 34–37912; IC–22310; IA–1596] re- Class E5 Airspace; Hemingway, SC (Federal ceived November 5, 1996, pursuant to 5 U.S.C. the Department’s final rule—Standard In- Aviation Administration) [Docket No. 96– 801(a)(1)(A); to the Committee on the Judici- strument Approach Procedures; Miscellane- ASO–26] (RIN: 2120–AA66) received November ary. ous Amendments (Federal Aviation Adminis- 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to 553. A letter from the Adjutant General, tration) [Docket No. 28738, Amdt. No. 1767] the Committee on Transportation and Infra- Veterans of Foreign Wars of the U.S. trans- (RIN: 2120–AA65) received December 6, 1996, structure. mitting the financial audit for the fiscal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 574. A letter from the General Counsel, De- year ended August 31, 1996, together with the mittee on Transportation and Infrastruc- partment of Transportation, transmitting auditor’s opinion, pursuant to 36 U.S.C. ture. the Department’s final rule—Amendment to 1101(47) and 1103; to the Committee on the 564. A letter from the General Counsel, De- Class E2 Airspace, London, KY (Federal Judiciary. partment of Transportation, transmitting Aviation Administration) [Airspace Docket 554. A letter from the Assistant Secretary the Department’s final rule—Establishment No. 96–ASO)–14] (RIN: 2120–AA66) received for Civil Works, Department of the Army, of Class E Airspace; Groveland, CA (Federal November 14, 1996, pursuant to 5 U.S.C. transmitting the fourth report on a list of Aviation Administration) [Docket No. 96– 801(a)(1)(A); to the Committee on Transpor- projects which have been authorized, but for AWP–10] received October 7, 1996, pursuant tation and Infrastructure. which no funds have been obligated during to 5 U.S.C. 801(a)(1)(A); to the Committee on 575. A letter from the General Counsel, De- the preceding 10 full fiscal years, pursuant to Transportation and Infrastructure. partment of Transportation, transmitting 33 U.S.C. 579a; to the Committee on Trans- 565. A letter from the General Counsel, De- the Department’s final rule—Establishment portation and Infrastructure. partment of Transportation, transmitting of Class E Airspace; Weedsport, NY (Federal 555. A letter from the Administrator, Fed- the Department’s final rule—Airworthiness Aviation Administration) [Airspace Docket eral Aviation Administration, transmitting Directives, LITEF GmbH Attitude Heading No. 96–AEA–06] (RIN: 2120–AA66) (1996–0171) a report entitled ‘‘Increased Air Traffic over System (AHRS) Unit Model LCR–92, LCR– received November 14, 1996, pursuant to 5 Grand Canyon National Park,’’ pursuant to 92S, and LCR–92H (Federal Aviation Admin- U.S.C. 801(a)(1)(A); to the Committee on Public Law 102–581, section 134(b) (106 Stat. istration) (RIN: 2120–AA64) received October Transportation and Infrastructure. 4888); to the Committee on Transportation 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to 576. A letter from the General Counsel, De- and Infrastructure. the Committee on Transportation and Infra- partment of Transportation, transmitting 556. A letter from the Assistant Secretary structure. the Department’s final rule—Establishment of the Army for Civil Works, Department of 566. A letter from the General Counsel, De- of Class E Airspace; Anvik, AK (Federal the Army, transmitting a draft of proposed partment of Transportation, transmitting Aviation Administration) [Airspace Docket legislation to modify the Oakland Inner Har- the Department’s final rule—Alteration of No. 96–AAL–18] (RIN: 2120–AA66) (1996–0170) bor, CA, navigation project; to the Commit- VOR Federal Airways; LA (Federal Aviation received November 14, 1996, pursuant to 5 tee on Transportation and Infrastructure. Administration) [Airspace Docket No. 94– U.S.C. 801(a)(1)(A); to the Committee on 557. A letter from the Assistant Secretary ASW–14] (RIN: 2120–AA66) received October Transportation and Infrastructure. of the Army for Civil Works, Department of 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to 577. A letter from the General Counsel, De- the Army, transmitting a copy of ‘‘Ramapo the Committee on Transportation and Infra- partment of Transportation, transmitting River at Oakland, New Jersey Flood Protec- structure. the Department’s final rule—Establishment tion Project,’’ to the Committee on Trans- 567. A letter from the General Counsel, De- of Class E Airspace; Selawik, AK (Federal portation and Infrastructure. partment of Transportation, transmitting Aviation Administration) [Airspace Docket 558. A letter from the Assistant Secretary the Department’s final rule—Amendment to No. 96–AAL–12] (RIN: 2120–AA66) (1996–0169) of the Army (Civil Works), Department of Class E Airspace, Lee’s Summit, MO (Fed- received November 14, 1996, pursuant to 5 the Army, transmitting the Department’s eral Aviation Administration) [Docket No. U.S.C. 801(a)(1)(A); to the Committee on final rule—St. Mary’s Falls Canal and Locks, 96–ACE–15] received November 5, 1996, pursu- Transportation and Infrastructure. Michigan; Use, Administration, and Naviga- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 578. A letter from the General Counsel, De- tion (33 CFR Part 207) received October 17, on Transportation and Infrastructure. partment of Transportation, transmitting H58 CONGRESSIONAL RECORD — HOUSE January 7, 1997 the Department’s final rule—Revision of (1996–0150) received October 21, 1996, pursuant November 7, 1996, pursuant to 5 U.S.C. Class E Airspace; Port Heiden, AK (Federal to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Aviation Administration) [Airspace Docket Transportation and Infrastructure. tation and Infrastructure. No. 96–AAL–17] (RIN: 2120–AA66) (1996–0168) 588. A letter from the General Counsel, De- 597. A letter from the General Counsel, De- received November 14, 1996, pursuant to 5 partment of Transportation, transmitting partment of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Revision of the Department’s final rule—Airworthiness Transportation and Infrastructure. Class E Airspace; Homer, AK (Federal Avia- Directives; Jetstream Model 4100 Series Air- 579. A letter from the General Counsel, De- tion Administration) [Airspace Docket No. planes (Federal Aviation Administration) partment of Transportation, transmitting 96–AAL–13] (RIN: 2120–AA66) (1996–0149) re- [Docket No. 96–NM–68–AD] (RIN: 2120–AA64) the Department’s final rule—Amendment to ceived October 21, 1996, pursuant to 5 U.S.C. received November 7, 1996, pursuant to 5 Class E Airspace, Knob Noster, MO (Federal 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on Aviation Administration) [Airspace Docket tation and Infrastructure. Transportation and Infrastructure. No. 96–ACE–12] (RIN: 2120–AA66) (1996–0167) 589. A letter from the General Counsel, De- 598. A letter from the General Counsel, De- received November 14, 1996, pursuant to 5 partment of Transportation, transmitting partment of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Revision of the Department’s final rule—Airworthiness Transportation and Infrastructure. Class E Airspace; Bettles, AK (Federal Avia- Directives; McDonnell Douglas Model DC–10– 580. A letter from the General Counsel, De- tion Administration) [Airspace Docket No. 15 Airplanes (Federal Aviation Administra- partment of Transportation, transmitting 96–AAL–15] (RIN: 2120–AA66) (1996–0148) re- tion) [Docket No. 96–NM–24–AD] (RIN: 2120– the Department’s final rule—Revision of ceived October 21, 1996, pursuant to 5 U.S.C. AA64) received November 7, 1996, pursuant to Class D and Class E Airspace; Bethel, AK 801(a)(1)(A); to the Committee on Transpor- 5 U.S.C. 801(a)(1)(A); to the Committee on (Federal Aviation Administration) [Airspace tation and Infrastructure. Transportation and Infrastructure. Docket No. 96–AAL–4] (RIN: 2120–AA66) (1996– 590. A letter from the General Counsel, De- 599. A letter from the General Counsel, De- 0157) received October 21, 1996, pursuant to 5 partment of Transportation, transmitting partment of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness Transportation and Infrastructure. Directives; McDonnell Douglas Model DC–9 Directives; Lockheed Model L–1011–385 Series 581. A letter from the General Counsel, De- and DC–9–80 Series Airplanes, and Model Airplanes (Federal Aviation Administration) partment of Transportation, transmitting MD–88 Airplanes (Federal Aviation Adminis- [Docket No. 96–NM–240–AD] (RIN: 2120–AA64) the Department’s final rule—Revision of tration) [Docket No. 95–NM–214–AD] (RIN: received October 10, 1996, pursuant to 5 Class E Airspace; Sand Point, AK (Federal 2120–AA64) received November 7, 1996, pursu- U.S.C. 801(a)(1)(A); to the Committee on Aviation Administration) [Airspace Docket ant to 5 U.S.C. 801(a)(1)(A); to the Committee Transportation and Infrastructure. No. 96–AAL–3] (RIN: 2120–AA66) (1996–0156) re- on Transportation and Infrastructure. 600. A letter from the General Counsel, De- ceived October 21, 1996, pursuant to 5 U.S.C. 591. A letter from the General Counsel, De- partment of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting the Department’s final rule—Airworthiness tation and Infrastructure. the Department’s final rule—Airworthiness Directives; Jetstream Model HS–748 Series 582. A letter from the General Counsel, De- Directives; Beech (Raytheon) Model BAe 125 Airplanes (Federal Aviation Administration) partment of Transportation, transmitting Series 1000A and Model Hawker 1000 Air- [Docket No. 96–NM–198–AD] (RIN: 2120–AA64) the Department’s final rule—Revision of planes (Federal Aviation Administration) received October 10, 1996, pursuant to 5 Class E Airspace; Wrangell, St. Paul Island, [Docket No. 95–NM–167–AD] (RIN: 2120–AA64) U.S.C. 801(a)(1)(A); to the Committee on Petersburg, and Sika, AK; Establishment of received November 7, 1996, pursuant to 5 Transportation and Infrastructure. Class E Airspace at Nostak, AK (Federal U.S.C. 801(a)(1)(A); to the Committee on 601. A letter from the General Counsel, De- Aviation Administration) [Airspace Docket Transportation and Infrastructure. partment of Transportation, transmitting No. 96–AAL–2] (RIN: 2120–AA66) (1996–0155) re- 592. A letter from the General Counsel, De- the Department’s final rule—Airworthiness ceived October 21, 1996, pursuant to 5 U.S.C. partment of Transportation, transmitting Directives; CFM International CFM56–2/–2A/– 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Airworthiness 3/–3B/–3/–5 Series Turbofan Engines (Federal tation and Infrastructure. Directives; Bombardier Model CL–600–2B19 Aviation Administration) [Rules Docket No. 583. A letter from the General Counsel, De- (Regional Jet Series 100 and 200) Airplanes 96–ANE–15] (RIN: 2120–AA64) received Octo- partment of Transportation, transmitting (Federal Aviation Administration) [Docket ber 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); the Department’s final rule—Revision of No. 96–NM–208–AD] (RIN: 2120–AA64) received to the Committee on Transportation and In- Class E Airspace; Ketchikan, AK (Federal November 7, 1996, pursuant to 5 U.S.C. frastructure. Aviation Administration) [Airspace Docket 801(a)(1)(A); to the Committee on Transpor- 602. A letter from the General Counsel, De- No. 95–AAL–4] (RIN: 2120–AA66) (1996–0154) re- tation and Infrastructure. partment of Transportation, transmitting ceived October 21, 1996, pursuant to 5 U.S.C. 593. A letter from the General Counsel, De- the Department’s final rule—Airworthiness 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting Directives; McDonnell Douglas Model DC–9– tation and Infrastructure. the Department’s final rule—Airworthiness 10, –20, –30, –40, and –50 Series Airplanes and 584. A letter from the General Counsel, De- Directives; Airbus Model A310 and A300–600 C–9 (Military) Airplanes (Federal Aviation partment of Transportation, transmitting Series Airplanes (Federal Aviation Adminis- Administration) [Docket No. 96–NM–91–AD] the Department’s final rule—Revision of tration) [Docket No. 94–NM–222–AD] (RIN: (RIN: 2120–AA64) received October 10, 1996, Class E Airspace; Cordova, AK (Federal Avia- 2120–AA64) received November 7, 1996, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion Administration) [Airspace Docket No. ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Transportation and Infrastruc- 96–AAL–8] (RIN: 2120–AA66) (1996–0153) re- on Transportation and Infrastructure. ture. ceived October 21, 1996, pursuant to 5 U.S.C. 594. A letter from the General Counsel, De- 603. A letter from the General Counsel, De- 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting partment of Transportation, transmitting tation and Infrastructure. the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness 585. A letter from the General Counsel, De- Directives; British Aerospace Model BAe 146– Directives; Robinson Helicopter Company partment of Transportation, transmitting 100A, –200A and –300A Series Airplanes, and Model R44 Helicopters (Federal Aviation Ad- the Department’s final rule—Establishment Model Avro 146–RJ70A, –RJ85A, and –RJ100A ministration) [Docket No. 96–SW–25–AD] of Class E Airspace; Buckland, AK (Federal Airplanes (Federal Aviation Administration) (RIN: 2120–AA64) received October 10, 1996, Aviation Administration) [Airspace Docket (Docket No. 95–NM–251–AD] (RIN: 2120–AA64) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- No. 96–AAL–5] (RIN: 2120–AA66) (1996–0152) re- received November 7, 1996, pursuant to 5 mittee on Transportation and Infrastruc- ceived October 21, 1996, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on ture. 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. 604. A letter from the General Counsel, De- tation and Infrastructure. 595. A letter from the General Counsel, De- partment of Transportation, transmitting 586. A letter from the General Counsel, De- partment of Transportation, transmitting the Department’s final rule—Airworthiness partment of Transportation, transmitting the Department’s final rule—Airworthiness Directives; Boeing Model 777–200 Series Air- the Department’s final rule—Revision of Directives; British Aerospace Model Avro planes (Federal Aviation Administration) Class E Airspace; Cold Bay, Nome, and 146–RJ70A, –RJ85A, and –RJ100A Airplanes [Docket No. 96–NM–205–AD] (RIN: 2120–AA64) Tanana, AK (Federal Aviation Administra- (Federal Aviation Administration) [Docket received October 10, 1996, pursuant to 5 tion) [Airspace Docket No. 96–AAL–9] (RIN: No. 95–NM–213–AD] (RIN: 2120–AA64) received U.S.C. 801(a)(1)(A); to the Committee on 2120–AA66) (1996–0151) received October 21, November 7, 1996, pursuant to 5 U.S.C. Transportation and Infrastructure. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- 605. A letter from the General Counsel, De- Committee on Transportation and Infra- tation and Infrastructure. partment of Transportation, transmitting structure. 596. A letter from the General Counsel, De- the Department’s final rule—Airworthiness 587. A letter from the General Counsel, De- partment of Transportation, transmitting Directives; Aerospace Technologies of Aus- partment of Transportation, transmitting the Department’s final rule—Airworthiness tralia Pty Ltd. (formerly Government Air- the Department’s final rule—Establishment Directives; HB Aircraft Industries AG Model craft Factory) Models N22B, N24A, and N22S of Class E Airspace; Wainwright, AK (Fed- HB–23 2400 Hobbyliner/Scanliner Sailplanes Airplanes (Federal Aviation Administration) eral Aviation Administration) [Airspace (Federal Aviation Administration) [Docket [Docket No. 95–CE–103–AD] (RIN: 2120–AA64) Docket No. 96–AAL–11] (RIN: 2120–AA66) No. 95–CE–39–AD] (RIN: 2120–AA64) received received November 14, 1996, pursuant to 5 January 7, 1997 CONGRESSIONAL RECORD — HOUSE H59 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Airworthiness (RIN: 2115–AE72) received October 31, 1996, Transportation and Infrastructure. Directives; Fairchild Aircraft SA226 and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 606. A letter from the General Counsel, De- SA227 Series Airplanes (Federal Aviation Ad- mittee on Transportation and Infrastruc- partment of Transportation, transmitting ministration) [Docket No. 95–CD–40–AD] ture. the Department’s final rule—Airworthiness (RIN: 2120–AA64) received October 21, 1996, 625. A letter from the General Counsel, De- Directives; Boeing Model 747 Series Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Transportation, transmitting planes (Federal Aviation Administration) mittee on Transportation and Infrastruc- the Department’s final rule—Realignment of [Docket No. 96–NM–251–AD] (RIN: 2120–AA64) ture. VOR Federal Airway V–421; CO (Federal received November 14, 1996, pursuant to 5 616. A letter from the General Counsel, De- Aviation Administration) [Airspace Docket U.S.C. 801(a)(1)(A); to the Committee on partment of Transportation, transmitting No. 95–ANM–6] (RIN: 2120–AA66) received Oc- Transportation and Infrastructure. the Department’s final rule—Airworthiness tober 10, 1996, pursuant to 5 U.S.C. 607. A letter from the General Counsel, De- Directives; Short Brothers Model SD3–60 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting SHERPA Series Airplanes (Federal Aviation tation and Infrastructure. the Department’s final rule—Airworthiness Administration) [Docket No. 96–NM–122–AD] 626. A letter from the General Counsel, De- Directives; Boeing Model 747–200, –300, –400 (RIN: 2120–AA64) received October 21, 1996, partment of Transportation, transmitting Series Airplanes (Federal Aviation Adminis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Standard In- tration) [Docket No. 94–NM–226–AD] (RIN: mittee on Transportation and Infrastruc- strument Approach Procedures; Miscellane- 2120–AA64) received November 14, 1996, pursu- ture. ous Amendments (Federal Aviation Adminis- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 617. A letter from the General Counsel, De- tration) [Docket No. 28702; Amdt. No. 1757] on Transportation and Infrastructure. partment of Transportation, transmitting (RIN: 2120–AA65) received October 10, 1996, 608. A letter from the General Counsel, De- the Department’s final rule—Airworthiness pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Transportation, transmitting Directives; The New Piper Aircraft PA23, mittee on Transportation and Infrastruc- the Department’s final rule—Airworthiness PA31, PA31P, PA31T, and PA42 Series Air- ture. Directives; Shorts Model SD3–60 and SD3– planes (Federal Aviation Administration 627. A letter from the General Counsel, De- SHERPA Series Airplanes (Federal Aviation [Docket No. 95–CE–56–AD] (RIN: 2120–AA64) partment of Transportation, transmitting Administration) [Docket No. 96–NM–09–AD] received October 21, 1996, pursuant to 5 the Department’s final rule—Standard In- (RIN: 2120–AA64) received November 14, 1996, U.S.C. 801(a)(1)(A); to the Committee on strument Approach Procedures; Miscellane- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. ous Amendments (Federal Aviation Adminis- mittee on Transportation and Infrastruc- 618. A letter from the General Counsel, De- tration) [Docket No. 28700; Amdt. No. 1755] ture. partment of Transportation, transmitting (RIN: 2120–AA65) received October 10, 1996, 609. A letter from the General Counsel, De- the Department’s final rule—Airworthiness pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Transportation, transmitting Directives; The New Piper Aircraft PA31, mittee on Transportation and Infrastruc- the Department’s final rule—Airworthiness PA31P, PA31T, and PA42 Series Airplanes ture. Directives; Pilatus Aircraft Ltd. Model PC–6 (Federal Aviation Administration) [Docket 628. A letter from the General Counsel, De- Airplanes (Federal Aviation Administration) No. 95–CE–84–AD] (RIN: 2120–AA64) received partment of Transportation, transmitting [Docket No. 95–CE–85–AD] (RIN: 2120–AA64) October 18, 1996, pursuant to 5 U.S.C. the Department’s final rule—Standard In- received November 14, 1996, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- strument Approach Procedures; Miscellane- U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. ous Amendments (Federal Aviation Adminis- Transportation and Infrastructure. 619. A letter from the General Counsel, De- tration) [Docket No. 28727; Amdt. No. 1762] 610. A letter from the General Counsel, De- partment of Transportation, transmitting (RIN: 2120–AA65) received November 14, 1996, partment of Transportation, transmitting the Department’s final rule—Change Using pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Airworthiness Agency for Restricted Areas 2202 (R–2202), mittee on Transportation and Infrastruc- Directives; Boeing Model 747 Series Air- Big Delta, AK; R–2203, Eagle River, AK; R– ture. planes (Federal Aviation Administration) 2205, Yukon, AK; and R–2211, Blair Lakes, AK 629. A letter from the General Counsel, De- [Docket No. 94–NM–221–AD] (RIN: 2120–AA64) (Federal Aviation Administration) [Airspace partment of Transportation, transmitting received November 14, 1996, pursuant to 5 Docket No. 96–AAL–20] (RIN: 2120–AA66) re- the Department’s final rule—Standard In- U.S.C. 801(a)(1)(A); to the Committee on ceived October 21, 1996, pursuant to 5 U.S.C. strument Approach Procedures; Miscellane- Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- ous Amendments (Federal Aviation Adminis- 611. A letter from the General Counsel, De- tation and Infrastructure. tration) [Docket No. 28728; Amdt. No. 1763] partment of Transportation, transmitting 620. A letter from the General Counsel, De- (RIN: 2120–AA65) received November 14, 1996, the Department’s final rule—Airworthiness partment of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Directives; Boeing Model 737–100 and –200 Se- the Department’s final rule—Change to Re- mittee on Transportation and Infrastruc- ries Airplanes (Federal Aviation Administra- stricted Areas R–6714A, E, F, G, and H, Yak- ture. tion) [Docket No. 96–NM–06–AD] (RIN: 2120– ima, WA (Federal Aviation Administration) 630. A letter from the General Counsel, De- AA64) received November 14, 1996, pursuant [Airspace Docket No. 96–ANM–16] (RIN: 2120– partment of Transportation, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on AA66) received October 10, 1996, pursuant to the Department’s final rule—Standard In- Transportation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on strument Approach Procedures; Miscellane- 612. A letter from the General Counsel, De- Transportation and Infrastructure. ous Amendments (Federal Aviation Adminis- partment of Transportation, transmitting 621. A letter from the General Counsel, De- tration) [Docket No. 28726; Amdt. No. 1761] the Department’s final rule—Airworthiness partment of Transportation, transmitting (RIN: 2120–AA65) received November 14, 1996, Directives; British Aerospace Model BAe 146 the Department’s final rule—Rules of Prac- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Series Airplanes and Model Avro 146–RJ Se- tice for Federally-Assisted Airport Proceed- mittee on Transportation and Infrastruc- ries Airplanes (Federal Aviation Administra- ings (Federal Aviation Administration) ture. tion) [Docket No. 96–NM–40–AD] (RIN: 2120– [Docket No. 27783; Amendment No. 13–27, 16] 631. A letter from the General Counsel, De- AA64) received November 14, 1996, pursuant (RIN: 2120–AF43) received October 18, 1996, partment of Transportation, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Type and Num- Transportation and Infrastructure. mittee on Transportation and Infrastruc- ber of Passenger Emergency Exits Required 613. A letter from the General Counsel, De- ture. in Transport Category Airplanes (Federal partment of Transportation, transmitting 622. A letter from the General Counsel, De- Aviation Administration) [Docket No. 26140; the Department’s final rule—Airworthiness partment of Transportation, transmitting Amendment No. 25–88] (RIN: 2120–AC43) re- Directives; Dornier Model 328–100 Series Air- the Department’s final rule—Maritime Secu- ceived November 14, 1996, pursuant to 5 planes (Federal Aviation Administration) rity Program [Docket No. R–163] (RIN: 2133– U.S.C. 801(a)(1)(A); to the Committee on [Docket No. 95–NM–232–AD] (RIN: 2120–AA64) AB24) received October 18, 1996, pursuant to 5 Transportation and Infrastructure. received November 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 632. A letter from the General Counsel, De- U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. partment of Transportation, transmitting Transportation and Infrastructure. 623. A letter from the General Counsel, De- the Department’s final rule—Protective 614. A letter from the General Counsel, De- partment of Transportation, transmitting Breathing Equipment; Correction (Federal partment of Transportation, transmitting the Department’s final rule—Operation of Aviation Administration) [Docket No. 27219; the Department’s final rule—Airworthiness Motor Vehicles by Intoxicated Minors Amendment No. 121–261] (RIN: 2120–AD74) re- Directives; McDonnell Douglas Model DC–9– [NHTSA Docket No. 96–007; Notice 2] (RIN: ceived November 14, 1996, pursuant to 5 80 Series Airplanes and Model MD–88 Air- 2127–AG20) received October 31, 1996, pursu- U.S.C. 801(a)(1)(A); to the Committee on planes (Federal Aviation Administration) ant to 5 U.S.C. 801(a)(1)(A); to the Committee Transportation and Infrastructure. [Docket No. 96–NM–53–AD] (RIN: 2120–AA64) on Transportation and Infrastructure. 633. A letter from the General Counsel, De- received November 14, 1996, pursuant to 5 624. A letter from the General Counsel, De- partment of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on partment of Transportation, transmitting the Department’s final rule—Standard In- Transportation and Infrastructure. the Department’s final rule—Electronic strument Approach Procedures; Miscellane- 615. A letter from the General Counsel, De- Records of Shipping Articles and Certificates ous Amendments (Federal Aviation Adminis- partment of Transportation, transmitting of Discharge (U.S. Coast Guard) [CGD 94–004] tration) [Docket No. 28676; Amdt. No. 1752] H60 CONGRESSIONAL RECORD — HOUSE January 7, 1997 (RIN: 2120–AA65) received November 14, 1996, (RIN: 2120–AG28) received October 18, 1996, Tanks [Docket Nos. HM–175A and HM–201; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amdt. Nos. 171–137, 172–144, 173–245, 179–50, mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- and 180–8] (RIN: 2137–AB89 and 2137–AB40) re- ture. ture. ceived November 14, 1996, pursuant to 5 634. A letter from the General Counsel, De- 643. A letter from the General Counsel, De- U.S.C. 801(a)(1)(A); to the Committee on partment of Transportation, transmitting partment of Transportation, transmitting Transportation and Infrastructure. the Department’s final rule—IFR Altitudes; the Department’s final rule—Standard In- 652. A letter from the General Counsel, De- Miscellaneous Amendments (Federal Avia- strument Approach Procedures; Miscellane- partment of Transportation, transmitting tion Administration) [Docket No. 28698; ous Amendments (Federal Aviation Adminis- the Department’s final rule—Federal Motor Amdt. No. 399] received November 14, 1996, tration) [Docket No. 28714; Amdt. No. 1758] Vehicle Safety Standards; Air Brake Sys- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- received October 31, 1996, pursuant to 5 tems Air Compressor Cut-In [Docket No. 90– mittee on Transportation and Infrastruc- U.S.C. 801(a)(1)(A); to the Committee on 3; Notice 7] (RIN: 2127–AF63) received Novem- ture. Transportation and Infrastructure. ber 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 635. A letter from the General Counsel, De- 644. A letter from the General Counsel, De- to the Committee on Transportation and In- partment of Transportation, transmitting partment of Transportation, transmitting frastructure. the Department’s final rule—Incentive Grant the Department’s final rule—Airworthiness 653. A letter from the General Counsel, De- Criteria for Drunk Driving Prevention Pro- Directives; Pratt & Whitney JT3D Series partment of Transportation, transmitting grams (National Highway Traffic Safety Ad- Turbofan Engines [Docket No. 95–ANE–45; the Department’s final rule—Regattas and ministration) [Docket No. 89–02; Notice 9] Amendment 39–9815; AD 96–23–10] (RIN: 2120– Marine Parades (U.S. Coast Guard) [CGD 95– (RIN: 2127–AD01) received October 31, 1996, AA64) received November 21, 1996, pursuant 054] (RIN: 2115–AF17) received November 25, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- Transportation and Infrastructure. Committee on Transportation and Infra- ture. 645. A letter from the General Counsel, De- structure. 636. A letter from the General Counsel, De- partment of Transportation, transmitting 654. A letter from the General Counsel, De- partment of Transportation, transmitting the Department’s final rule—Airworthiness partment of Transportation, transmitting the Department’s final rule—List of Non- Directives; Jetstream Model 4101 Airplanes the Department’s final rule—Safety Zone; conforming Vehicles Decided To Be Eligible (Federal Aviation Administration) [Docket San Pedro Bay, CA (U.S. Coast Guard) for Importation (National Highway Traffic No. 96–NM–258–AD; Amendment. 39–9817; AD [COTP Los Angeles-Long Beach 96–003] (RIN: Safety Administration) [Docket No. 96–097; 96–23–12] (RIN: 2120–AA64) received November 2115–AA97) received November 25, 1996, pursu- Notice 1] (RIN: 2127–AG57) received October 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to ant to 5 U.S.C. 81(a)(1)(A); to the Committee 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- on Transportation and Infrastructure. the Committee on Transportation and Infra- structure. 655. A letter from the General Counsel, De- structure. 646. A letter from the General Counsel, De- partment of Transportation, transmitting 637. A letter from the General Counsel, De- partment of Transportation, transmitting the Department’s final rule—Special Local partment of Transportation, transmitting the Department’s final rule—Airworthiness Regulations: Searsport Lobster Boat Races, the Department’s final rule—Consumer In- Directives; Jetstream Model 4101 Airplanes Searsport, ME (U.S. Coast Guard) [CGD01–96– formation Regulations; Fees for Course Mon- (Federal Aviation Administration) [Docket 022] (RIN: 2115–AE46) received November 25, itoring Tires (National Highway Traffic No. 96–NM–259–AD; Amendment 39–9816; AD 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Safety Administration) [Docket No. 96–88; 96–23–11] (RIN: 2120–AA64) received November Committee on Transportation and Infra- Notice 1] (RIN: 2127–AG54) received October 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- 656. A letter from the General Counsel, De- the Committee on Transportation and Infra- structure. partment of Transportation, transmitting structure. 647. A letter from the General Counsel, De- the Department’s final rule—Special Local 638. A letter from the General Counsel, De- partment of Transportation, transmitting Regulations: Christmas Parade of Boats partment of Transportation, transmitting the Department’s final rule—Airworthiness (U.S. Coast Guard) [CGD07–96–048] (RIN: 2115– the Department’s final rule—Federal Rail- Directives; de Havilland Model DHC–8–102 AE46) received November 25, 1996, pursuant road Administration Enforcement of the and –103 Series Airplanes (Federal Aviation to 5 U.S.C. 801(a)(1)(A); to the Committee on Hazardous Materials Regulations; Penalty Administration) [Docket No. 95–NM–163–AD; Transportation and Infrastructure. Guidelines (RIN: 2130–AB00) received October Amendment No. 39–9822; AD 96–23–17] (RIN: 657. A letter from the General Counsel, De- 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to 2120–AA64) received November 21, 1996, pursu- partment of Transportation, transmitting the Committee on Transportation and Infra- ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Department’s final rule—Safety Zone; structure. on Transportation and Infrastructure. Gulf Intracoastal Waterway, Houma, LA 639. A letter from the General Counsel, De- 648. A letter from the General Counsel, De- (U.S. Coast Guard) [COTP Morgan City, LA partment of Transportation, transmitting partment of Transportation, transmitting 96–002] (RIN: 2115–AA97) received November the Department’s final rule—Standard In- the Department’s final rule—Airworthiness 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to strument Approach Procedures; Miscellane- Directives; Canadair Model CL–215–1A10 Se- the Committee on Transportation and Infra- ous Amendments (Federal Aviation Adminis- ries Airplanes (Federal Aviation Administra- structure. tration) [Docket No. 28715; Amdt. No. 1759] tion) [Docket No. 96–NM–82–AD; Amendment 658. A letter from the General Counsel, De- received October 31, 1996, pursuant to 5 No. 39–9819; AD 96–23–13] (RIN: 2120–AA64) re- partment of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on ceived November 21, 1996, pursuant to 5 the Department’s final rule—Drawbridge Op- Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on eration Regulations; Cerritos Channel, CA 640. A letter from the General Counsel, De- Transportation and Infrastructure. (U.S. Coast Guard) [CGD11–90–03] (RIN: 2115– partment of Transportation, transmitting 649. A letter from the General Counsel, De- AA47) received November 25, 1996, pursuant the Department’s final rule—Standard In- partment of Transportation, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on strument Approach Procedures; Miscellane- the Department’s final rule—Special Issu- Transportation and Infrastructure. ous Amendments (Federal Aviation Adminis- ance of Third-Class Airman Medical Certifi- 659. A letter from the General Counsel, De- tration) [Docket No. 28716; Amdt. No. 1760] cates to Insulin-Treated Diabetic Airman partment of Transportation, transmitting (RIN: 2120–AA65) received October 31, 1996, Applicants (Federal Aviation Administration the Department’s final rule—Amendment to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. 26493] (RIN: 2120–AG30) received Class E Airspace; Siox City, IA (Federal mittee on Transportation and Infrastruc- November 21, 1996, pursuant to 5 U.S.C. Aviation Administration) [Airspace Docket ture. 801(a)(1)(A); to the Committee on Transpor- No. 96–ACE–11] (RIN: 2120–AA66) received De- 641. A letter from the General Counsel, De- tation and Infrastructure. cember 2, 1996, pursuant to 5 U.S.C. partment of Transportation, transmitting 650. A letter from the General Counsel, De- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Motor Carrier partment of Transportation, transmitting tation and Infrastructure. Transportation; Redesignation of Regula- the Department’s final rule—Drawbridge Op- 660. A letter from the General Counsel, De- tions from the Surface Transportation Board eration Regulations; Anacostia River, Wash- partment of Transportation, transmitting Pursuant to the ICC Termination Act of 1995 ington, DC (U.S. Coast Guard) [CGD05–081] the Department’s final rule—Amendment to (Federal Highway Administration) (RIN: (RIN: 2115–AE47) received November 14, 1996, Class E Airspace; Penn Yan, N.Y. (Federal 2125–AD96) received October 18, 1996, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Aviation Administration) [Airspace Docket ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Transportation and Infrastruc- No. 96–AEA–10] (RIN: 2120–AA66) received De- on Transportation and Infrastructure. ture. cember 2, 1996, pursuant to 5 U.S.C. 642. A letter from the General Counsel, De- 651. A letter from the General Counsel, De- 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting partment of Transportation, transmitting tation and Infrastructure. the Department’s final rule—Prohibition the Department’s final rule—Crash- 661. A letter from the General Counsel, De- Against Certain Flights Within the Territory worthiness Protection Requirements for partment of Transportation, transmitting and Airspace of Iran (Federal Aviation Ad- Tank Cars; Detection and Repair of Cracks, the Department’s final rule—Revocation of ministration) [Docket No. 28690; Special Fed- Pits, Corrosion, Lining Flaws, Thermal Pro- Class D Airspace; Blytheville, AR (Federal eral Aviation Regulation (SFAR) No. 76] tection Flaws and Other Defects of Tank Car Aviation Administration) [Airspace Docket January 7, 1997 CONGRESSIONAL RECORD — HOUSE H61 No. 96–ASW–29] (RIN: 2120–AA66) received De- 671. A letter from the General Counsel, De- 39–9814, AD 96–23–09] (RIN: 2120–AA64) re- cember 2, 1996, pursuant to 5 U.S.C. partment of Transportation, transmitting ceived December 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Establishment 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. of Class E Airspace; Tomahawk, WI (Federal tation and Infrastructure. 662. A letter from the General Counsel, De- Aviation Administration) [Airspace Docket 680. A letter from the General Counsel, De- partment of Transportation, transmitting No. 96–AGL–14] (RIN: 2120–AA66) received De- partment of Transportation, transmitting the Department’s final rule—Allowable Car- cember 2, 1996, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness bon Dioxide in Transport Category Airplane 801(a)(1)(A); to the Committee on Transpor- Directives; Boeing Model 747–400 ‘‘Combi’’ Cabins (Federal Aviation Administration) tation and Infrastructure. Airplanes (Federal Aviation Administration) [Docket No. 27704, Amdt. No. 25–89] (RIN: 672. A letter from the General Counsel, De- [Docket No. 96–NM–255–AD, Amdt. 39–9829, 2120–AD47) received December 2, 1996, partment of Transportation, transmitting AD 96–24–03] (RIN: 2120–AA64) received De- pursaunt to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Establishment cember 2, 1996, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- of Class E Airspace; Montauk, NY (Federal 801(a)(1)(A); to the Committee on Transpor- ture. Aviation Administration) [Airspace Docket tation and Infrastructure. 663. A letter from the General Counsel, De- No. 96–AEA–09] (RIN: 2120–AA66) received De- 681. A letter from the General Counsel, De- partment of Transportation, transmitting cember 2, 1996, pursuant to 5 U.S.C. partment of Transportation, transmitting, the Department’s final rule—Falsification of 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Airworthiness Security Records (Federal Aviation Adminis- tation and Infrastructure. Directives; Boeing Model 737 Series Air- tration) [Docket No. 28745; Amendment Nos. 673. A letter from the General Counsel, De- planes (Federal Aviation Administration) 107–9 and 108–141] (RIN: 2120–AG27) received partment of Transportation, transmitting [Docket No. 96–NM–261–AD, Amdt. 39–9818, December 2, 1996, pursuant to 5 U.S.C. to the the Department’s final rule—Airworthiness AD 96–23–51] (RIN: 2120–AA64) received De- Committee on Transportation and Infra- Directives; Air Tractor, Inc, Models AT–250, cember 2, 1996, pursuant to 5 U.S.C. structure. AT–300, AT–301, AT–302, AT–400, AT–400A, 801(a)(1)(A); to the Committee on Transpor- 664. A letter from the General Counsel, De- AT–401, AT–402, AT–501, and AT–502 Air- tation and Infrastructure. partment of Transportation, transmitting planes (Federal Aviation Administration 682. A letter from the General Counsel, De- the Department’s final rule—Direct Final [Docket No. 96–CE–49–AD, Amdt. 39–9833, AD partment of Transportation, transmitting Rule; Request for Comments—Amendment to 96–24–08] (RIN: 2120–AA64) received December the Department’s final rule—Airworthiness Class E Airspace, Imperial, NE (Federal 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Directives; Allied Signal Commercial Avi- Aviation Administration) [Docket No. 96– the Committee on Transportation and Infra- onics Systems CAS–81 Traffic Alert and Col- ACE–20] (RIN: 2120–AA66) received December structure. lision Avoidance Systems (TCAS) as in- 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to 674. A letter from the General Counsel, De- stalled, but not Limited to Various Trans- the Committee on Transportation and Infra- partment of Transportation, transmitting port Category Airplanes (Federal Aviation structure. the Department’s final rule—Airworthiness Administration) [Docket No. 96–NM–81–AD, 665. A letter from the General Counsel, De- Directives; Israel Aircraft Industries (IAI), Amdt. 39–9824, AD 95–26–15 R1] (RIN: 2120– partment of Transportation, transmitting Ltd., Model 1123, 1124, and 1124A Series Air- AA64) received December 2, 1996, pursuant to the Department’s final rule—Establishment planes (Federal Aviation Administration) 5 U.S.C. 801(a)(1)(A); to the Committee on of Class E Airspace; Saluda, VA (Federal [Docket No. 96–NM–173–AD, Amdt. 39–9835, Transportation and Infrastructure. Aviation Administration) [Airspace Docket 683. A letter from the General Counsel, De- AD 96–24–11] (RIN: 2120–AA64) received De- No. 96–AEA–08] (RIN: 2120–AA66) (1996–0172)) partment of Transportation, transmitting cember 2, 1996, pursuant to 5 U.S.C. received December 2, 1996, pursuant to 5 the Department’s final rule—Airworthiness 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on Directives; Aerospace Technologies of Aus- tation and Infrastructure. Transportation and Infrastructure. tralia Nomad Models N22B, N22S, and N24A 675. A letter from the General Counsel, De- 666. A letter from the General Counsel, De- Airplanes (Federal Aviation Administration) partment of Transportation, transmitting partment of Transportation, transmitting [Docket No. 95–CE–93–AD, Amdt. 39–9831, AD the Department’s final rule—Airworthiness the Department’s final rule—Establishment 96–24–05] (RIN: 2120–AA64) received December Directives; Textron Lycoming Reciprocating of Class E Airspace; Phoenix, Deer Valley 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Engines (Federal Aviation Administration) Municipal Airport, AS (Federal Aviation Ad- the Committee on Transportation and Infra- [Docket No. 96–ANE–31, Amdt. 39–9826, AD ministration) [Airspace Docket No. 96–AWP– structure. 16] (RIN: 2120–AA66) (1996–0174)) received De- 96–23–03] (RIN: 2120–AA64) received December 684. A letter from the General Counsel, De- cember 2, 1996, pursuant to 5 U.S.C. 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to partment of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- the Committee on Transportation and Infra- the Department’s final rule—Airworthiness tation and Infrastructure. structure. Directives; Aerospace Technologies of Aus- 667. A letter from the General Counsel, De- 676. A letter from the General Counsel, De- tralia, Nomad Models N22B, N22S, and N24A partment of Transportation, transmitting partment of Transportation, transmitting Airplanes (Federal Aviation Administration) the Department’s final rule—Establishment the Department’s final rule—Airworthiness [Docket No. 95–CE–75–AD, Amdt. 39–9830, AD of Class E Airspace; Grand Canyon-Valle Air- Directives; Aerospatiale Model ATR72 Series 96–24–04] (RIN: 2120–AA64) received December port, AZ (Federal Aviation Administration) Airplanes (Federal Aviation Administration) 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to [Airspace Docket No. 95–AWP–3] (RIN: 2120– [Docket No. 96–NM–140–AD, Amdt. 39–9836, the Committee on Transportation and Infra- AA66) (1996–0173)) received December 2, 1996, AD 96–24–12] (RIN: 2120–AA64) received De- structure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cember 2, 1996, pursuant to 5 U.S.C. 685. A letter from the General Counsel, De- mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting ture. tation and Infrastructure. the Department’s final rule—Airworthiness 668. A letter from the General Counsel, De- 677. A letter from the General Counsel, De- Directives; Pratt & Whitney JT8D Series partment of Transportation, transmitting partment of Transportation, transmitting Turbofan Engines (Federal Aviation Admin- the Department’s final rule—Establishment the Department’s final rule—Airworthiness istration) [Docket No. 93–ANE–79, Amdt. 39– of Class E Airspace; Dexter, ME, Correction Directives; Allison Engine Company Model 9820, AD 96–23–14] (RIN: 2120–AA64) received (Federal Aviation Administration) [Airspace 250–C47B Turboshaft Engines (Federal Avia- December 2, 1996, pursuant to 5 U.S.C. Docket No. 95–ANE–23] (RIN: 2120–AA66) re- tion Administration) [Docket No. 96–ANE–41, 801(a)(1)(A); to the Committee on Transpor- ceived December 2, 1996, pursuant to 5 U.S.C. Amdt. 39–9834, AD 96–24–09] (RIN: 2120–AA64) tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- received December 2, 1996, pursuant to 5 686. A letter from the General Counsel, De- tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on partment of Transportation, transmitting 669. A letter from the General Counsel, De- Transportation and Infrastructure. the Department’s final rule—Airworthiness partment of Transportation, transmitting 678. A letter from the General Counsel, De- Directives; Pratt & Whitney JT8D–200 Series the Department’s final rule—Establishment partment of Transportation, transmitting Turbofan Engines (Federal Aviation Admin- of Class E Airspace; Miller, SD, Correction the Department’s final rule—Airworthiness istration) [Docket No. 96–ANE–02, Amdt. 39– (Federal Aviation Administration) [Airspace Directives; Fokker Model F27 Mark 100, 200, 9821, AD 96–23–15] (RIN: 2120–AA64) received Docket No. 96–AGL–11] (RIN: 2120–AA66) re- 300, 400, 500, 600, and 700 Series Airplanes December 2, 1996, pursuant to 5 U.S.C. ceived December 2, 1996, pursuant to 5 U.S.C. (Federal Aviation Administration) [Docket 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- No. 96–NM–80–AD, Amdt. 39–9827, AD 96–24–01] tation and Infrastructure. tation and Infrastructure. (RIN: 2120–AA64) received December 2, 1996, 687. A letter from the General Counsel, De- 670. A letter from the General Counsel, De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Transportation, transmitting partment of Transportation, transmitting mittee on Transportation and Infrastruc- the Department’s final rule—Standard In- the Department’s final rule—Establishment ture. strument Approach Procedures; Miscellane- of Class E Airspace; Hazen, ND (Federal 679. A letter from the General Counsel, De- ous Amendments (Federal Aviation Adminis- Aviation Administration) [Airspace Docket partment of Transportation, transmitting tration) [Docket No. 28735, Amdt. No. 1765] No. 96–AGL–10] (RIN: 2120–AA66) received De- the Department’s final rule—Airworthiness (RIN: 2120–AA65) received December 2, 1996, cember 2, 1996, pursuant to 5 U.S.C. Directives; de Havilland Model DHC–8–100 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- and –300 Airplanes (Federal Aviation Admin- mittee on Transportation and Infrastruc- tation and Infrastructure. istration) [Docket No. 93–NM–194–AD, Amdt. ture. H62 CONGRESSIONAL RECORD — HOUSE January 7, 1997 688. A letter from the General Counsel, De- [Docket No. 95–NM–230–AD, Amdt. 39–9828, SD3–SHERPA Series Airplanes (Federal partment of Transportation, transmitting AD 96–24–02] (RIN: 2120–AA64) received De- Aviation Administration) [Docket No. 96– the Department’s final rule—Standard In- cember 9, 1996, pursuant to 5 U.S.C. NM–07–AD, Amdt. 39–9785, AD 96–21–08] (RIN: strument Approach Procedures; Miscellane- 801(a)(1)(A); to the Committee on Transpor- 2120–AA64) received December 12, 1996, pursu- ous Amendments (Federal Aviation Adminis- tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee tration) [Docket No. 28736, Amdt. No. 1766] 698. A letter from the General Counsel, De- on Transportation and Infrastructure. (RIN: 2120–AA65) received December 2, 1996, partment of Transportation, transmitting 707. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Special Local Regulatory Management and Information, mittee on Transportation and Infrastruc- Regulations; Continental Airlines Boat Pa- Environmental Protection Agency, transmit- ture. rade; Fort Lauderdale, FL (U.S. Coast ting the Agency’s final rule—Final Effluent 689. A letter from the General Counsel, De- Guard) [CGD07–96–067] (RIN: 2115–AE46) re- Limitations Guidelines and Standards for partment of Transportation, transmitting ceived December 12, 1996, pursuant to 5 the Coastal Subcategory of the Oil and Gas the Department’s final rule—Standard In- U.S.C. 801(a)(1)(A); to the Committee on Extraction Point Source Category [FRL– strument Approach Procedures; Miscellane- Transportation and Infrastructure. 5648–4] received November 5, 1996, pursuant ous Amendments (Federal Aviation Adminis- 699. A letter from the General Counsel, De- to 5 U.S.C. 801(a)(1)(A); to the Committee on tration) [Docket No. 28734, Amdt. No. 1764] partment of Transportation, transmitting Transportation and Infrastructure. (RIN: 2120–AA65) received December 2, 1996, the Department’s final rule—Programs for 708. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Chemical Drug and Alcohol Testing of Com- Regulatory Management and Information, mittee on Transportation and Infrastruc- mercial Vessel Personnel; Implementation of Environmental Protection Agency, transmit- ture. Drug Testing in Foreign Waters (U.S. Coast ting the Agency’s final rule—Water Quality 690. A letter from the General Counsel, De- Guard) [CGD 95–011] (RIN: 2115–AF02) re- Standards for Pennsylvania [FRL–5659–9] partment of Transportation, transmitting ceived December 12, 1996, pursuant to 5 (RIN: 2040–AC78) received December 4, 1996, the Department’s final rule—Safety Zone; U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Sunken Vessel Empire Knight, Boon Island, Transportation and Infrastructure. mittee on Transportation and Infrastruc- Maine (U.S. Coast Guard) [CGD01–95–1411] 700. A letter from the General Counsel, De- ture. (RIN: 2115–AA97) received December 2, 1996, partment of Transportation, transmitting 709. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Single State In- Regulatory Management and Information, mittee on Transportation and Infrastruc- surance Registration; Receipt Rule; Contin- Environmental Protection Agency, transmit- ture. ued Suspension of Effectiveness (Federal ting the Agency’s final rule—Loan Guaran- 691. A letter from the General Counsel, De- Highway Administration) (RIN: 2125–AD92) tees for Construction of Treatment Works; partment of Transportation, transmitting received December 12, 1996, pursuant to 5 Removal of Legally Obsolete Rule [FRL– the Department’s final rule—Rada Fajardo, U.S.C. 801(a)(1)(A); to the Committee on 5658–6] received December 4, 1996, pursuant to East of Villa Marina, Fajardo, PR (U.S. Transportation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on Coast Guard) [CGD07–96–068] (RIN: 2115–AE46) 701. A letter from the General Counsel, De- Transportation and Infrastructure. received December 6, 1996, pursuant to 5 partment of Transportation, transmitting 710. A letter from the Director of Office of U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Airworthiness Congressional Affairs, Nuclear Regulatory Transportation and Infrastructure. Directives; Fokker Model F28 Mark 1000, Commission, transmitting the Commission’s 692. A letter from the General Counsel, De- 2000, 3000, and 4000 Series Airplanes (Federal final rule—Interim Guidance on Transpor- partment of Transportation, transmitting Aviation Administration) [Docket No. 96– tation of Steam Generators [NRC Generic the Department’s final rule—Railroad Acci- NM–224–AD, Amdt. 39–9752, AD 96–19–04] (RIN: Letter 96–07] received December 9, 1996, pur- dent Reporting (Partial Response to Peti- 2120–AA64) received December 12, 1996, pursu- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tions for Reconsideration) (Federal Railroad ant to 5 U.S.C. 801(a)(1)(A); to the Committee tee on Transportation and Infrastructure. Administration) [FRA Docket No. RAR–4, on Transportation and Infrastructure. 711. A letter from the Secretary of Trans- Notice No. 14] (RIN: 2130–AA58) received De- 702. A letter from the General Counsel, De- portation, transmitting the Department’s cember 6, 1996, pursuant to 5 U.S.C. partment of Transportation, transmitting second annual report entitled ‘‘Alaska Dem- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Airworthiness onstration Programs’’; to the Committee on tation and Infrastructure. Directives; Boeing Model 767 Series Air- Transportation and Infrastructure. 693. A letter from the General Counsel, De- planes (Federal Aviation Administration) 712. A letter from the Chairman, Surface partment of Transportation, transmitting [Docket No. 96–NM–25–AD, Amdt. 39–9783, AD Transportation Board, transmitting the the Department’s final rule—Railroad Acci- 96–21–06] (RIN: 2120–AA64) received December Board’s final rule—Expedited Procedures for dent Reporting (Adjustment of Dollar 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Processing Rail Rate Reasonableness, Ex- Threshold for Reporting Certain Accidents) the Committee on Transportation and Infra- emption and Revocation Proceedings [STB (Federal Railroad Administration) [FRA structure. Ex Parte No. 527] received October 10, 1996, Docket No. RAR–4, Notice No. 15] (RIN: 2130– 703. A letter from the General Counsel, De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AA58) received December 6, 1996, pursuant to partment of Transportation, transmitting mittee on Transportation and Infrastruc- 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Airworthiness ture. Transportation and Infrastructure. Directives; British Aerospace Model BAe 146 713. A letter from the Chairman, Surface 694. A letter from the General Counsel, De- Series Airplanes and Model Avro 146–RJ Se- Transportation Board, transmitting the partment of Transportation, transmitting ries Airplanes (Federal Aviation Administra- Board’s final rule—Expedited Procedures for the Department’s final rule—Operational tion) [Docket No. 96–NM–41–AD, Amdt. 39– Processing Rail Rate Reasonableness, Ex- Measures to Reduce Oil Spills from Existing 9786, AD 96–21–09] (RIN: 2120–AA64) received emption and Revocation Proceedings (No- Tank Vessels Without Double Hulls; Partial December 12, 1996, pursuant to 5 U.S.C. vember 15, 1996, modifying rules issued Octo- Suspension of Regulation (U.S. Coast Guard) 801(a)(1)(A); to the Committee on Transpor- ber 1, 1996)— [STB Ex Parte No. 527] received [CGD 91–045] (RIN: 2115–AE01) received De- tation and Infrastructure. December 12, 1996, pursuant to 5 U.S.C. cember 6, 1996, pursuant to 5 U.S.C. 704. A letter from the General Counsel, De- 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting tation and Infrastructure. tation and Infrastructure. the Department’s final rule—Airworthiness 714. A letter from the Chairman, Surface 695. A letter from the General Counsel, De- Directives; Shorts Model SD3–30, –60, and Transportation Board, transmitting the partment of Transportation, transmitting –SHERPA Series Airplanes (Federal Aviation Board’s final rule—Rail General Exemption the Department’s final rule—Holiday Boat Administration) [Docket No. 96–NM–08–AD, Authority—Exemption of Hydraulic Cement Parade of the Palm Beaches; Palm Beach, FL Amdt. 39–9784, AD 96–21–07] (RIN: 2120–AA64) [Ex Parte No. 346 (Sub-No. 34)] received De- (U.S. Coast Guard) [CGD07–96–053] (RIN: 2115– received December 12, 1996, pursuant to 5 cember 17, 1996, pursuant to 5 U.S.C. AE46) received December 6, 1996, pursuant to U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. tation and Infrastructure. Transportation and Infrastructure. 705. A letter from the General Counsel, De- 715. A letter from the Assistant Secretary 696. A letter from the General Counsel, De- partment of Transportation, transmitting of the Army (Civil Works), transmitting a partment of Transportation, transmitting the Department’s final rule—Airworthiness letter from the Chief of Engineers, Depart- the Department’s final rule—Key West Super Directives; The New Piper Aircraft PA31, ment of the Army dated February 27, 1996, Boat race; Key West, FL (U.S. Coast Guard) PA31P, and PA31T Series Airplanes (Federal submitting a report together with accom- [CGD07–96–049] (RIN: 2115–AE46) received De- Aviation Administration) [Docket No. 95– panying papers and illustrations—received in cember 6, 1996, pursuant to 5 U.S.C. CE–45–AD, Amdt. 39–9788, AD 96–21–11] (RIN: the U.S. House of Representatives November 801(a)(1)(A); to the Committee on Transpor- 2120–AA64) received December 12, 1996, pursu- 12, 1996, pursuant to section 204 of the 1970 tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Flood Control Act (Public Law 91–611) (H. 697. A letter from the General Counsel, De- on Transportation and Infrastructure. Doc. No. 105–17); to the Committee on Trans- partment of Transportation, transmitting 706. A letter from the General Counsel, De- portation and Infrastructure and ordered to the Department’s final rule—Airworthiness partment of Transportation, transmitting be printed. Directives; Donier Model 328–100 Series Air- the Department’s final rule—Airworthiness 716. A letter from the Assistant Secretary planes (Federal Aviation Administration) Directives; Short Brothers Model SD3–30 and of the Army (Civil Works), transmitting a January 7, 1997 CONGRESSIONAL RECORD — HOUSE H63 letter from the Chief of Engineers, Depart- of nondiscriminatory treatment (most-fa- the Service’s final rule—Magnetic Media Fil- ment of the Army dated February 1, 1996, vored-nation treatment) to the products of ing Requirements for Information Returns submitting a report together with accom- Romania, pursuant to 10 U.S.C. 2437(a); to (RIN: 1545–AU08) received October 9, 1996, panying papers and illustrations—received in the Committee on Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the U.S. House of Representatives November 727. A communication from the President mittee on Ways and Means. 21, 1996, pursuant to section 204 of the 1970 of the United States, transmitting his deter- 738. A letter from the Chief, Regulations Flood Control Act (Public Law 91–611) (H. mination that Malaysia should be graduated Unit, Internal Revenue Service, transmitting Doc. No. 105–18); to the Committee on Trans- from the GSP program because it is suffi- the Service’s final rule—Treatment of gain portation and Infrastructure and ordered to ciently advanced in economic development from the disposition of interest in certain be printed. and improved in trade competitiveness, also natural resource recapture property by S 717. A letter from the Secretary of Com- other determinations—received in the U.S. corporations and their shareholders (RIN: merce, transmitting the Department’s report House of Representatives, October 17, 1996, 1545–AM98) received October 9, 1996, pursuant entitled ‘‘National Implementation Plan For pursuant to 19 U.S.C. 2462 (H. Doc. No. 105–5); to 5 U.S.C. 801(a)(1)(A); to the Committee on Modernization Of The National Weather to the Committee on Ways and Means and Ways and Means. Service For Fiscal Year 1997,’’ pursuant to ordered to be printed. 739. A letter from the Chief, Regulations Public Law 102–567, section 703(a) (106 Stat. 728. A letter from the Secretary of Labor, Unit, Internal Revenue Service, transmitting 4304); to the Committee on Science. transmitting the quarterly report on the ex- the Service’s final rule—Rulings and deter- 718. A letter from the Director, National penditure and need for worker adjustment mination letters (Rev. Proc. 96–49) received Science Foundation, transmitting a report assistance training funds under the Trade October 7, 1996, pursuant to 5 U.S.C. entitled ‘‘Scientific and Engineering Re- Act of 1974, pursuant to 19 U.S.C. 2296(a)(2); 801(a)(1)(A); to the Committee on Ways and search Facilities at Colleges and Univer- to the Committee on Ways and Means. Means. sities: 1996’’, pursuant to 42 U.S.C. 7454(c); to 729. A letter from the Director, Bureau of 740. A letter from the Chief, Regulations the Committee on Science. the Census, transmitting the Bureau’s final Unit, Internal Revenue Service, transmitting 719. A letter from the Administrator, rule—Collection of Canadian Province of Ori- the Service’s final rule—Indian Tribal Casi- Small Business Administration, transmit- gin Information on Customs Entry Records nos and Reporting Under Title 31 (Notice 96– ting ‘‘Building the Foundation for a New [Docket No. 960606162–6293–02] (RIN: 0607– 57) received November 5, 1996, pursuant to 5 Century—First Annual Report on Implemen- AA21) received November 22, 1996, pursuant U.S.C. 801(a)(1)(A); to the Committee on tation of the 1995 White House Conference on to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. Small Business,’’ pursuant to 15 U.S.C. 631 Ways and Means. 741. A letter from the Chief, Regulations 730. A letter from the Chief Counsel, Bu- note; to the Committee on Small Business. Unit, Internal Revenue Service, transmitting reau of the Public Debt, transmitting the 720. A letter from the Director, Office of the Service’s final rule—Last-in, First-out Bureau’s final rule—Providing More Flexible Regulations Management, Department of Inventories (Rev. Rul. 96–54) received Novem- Program Changes for the State and Local Veterans Affairs, transmitting the Depart- ber 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Government Series (SLGS) Securities Pro- ment’s final rule—Diseases Associated with to the Committee on Ways and Means. gram (31 CFR Part 344) received October 28, Exposure to Certain Herbicide Agents (Pros- 742. A letter from the Chief, Regulations 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the tate Cancer and Acute and Subacute Periph- Unit, Internal Revenue Service, transmitting Committee on Ways and Means. eral Neuropathy) (RIN: 2900–AI35) received 731. A letter from the Chief Counsel, Bu- the Service’s final rule—Qualified State Tui- November 12, 1996, pursuant to 5 U.S.C. reau of the Debt, transmitting the Bureau’s tion Programs (Notice 96–58) received No- 801(a)(1)(A); to the Committee on Veterans’ final rule—Providing Explicitly For The vember 13, 1996, pursuant to 5 U.S.C. Affairs. Recognition of Federal Judicial and Federal 801(a)(1)(A); to the Committee on Ways and 721. A letter from the Director, Office of Administrative Forfeitures of Series EE and Means. Regulations Management, Department of HH United States Savings Bonds (31 CFR 743. A letter from the Chief, Regulations Veterans Affairs, transmitting the Depart- Part 353) received October 15, 1996, pursuant Unit, Internal Revenue Service, transmitting ment’s final rule—Contract Program for Vet- to 5 U.S.C. 801(a)(1)(A); to the Committee on the Service’s final rule—Guidance for quali- erans With Alcohol and Drug Dependence Ways and Means. fication as an acceptance agent, and execu- Disorders (RIN: 2900–AH77) received October 732. A letter from the Chief Counsel, Bu- tion of an agreement between an acceptance 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to reau of the Public Debt, transmitting the agent and the Internal Revenue Service re- the Committee on Veterans’ Affairs. Bureau’s final rule—Sale and Issue of Mar- lating to the issuance of certain taxpayer 722. A letter from the Director, Office of ketable Book-Entry Treasury Bills, Notes, identifying numbers (Rev. Proc. 96–52) re- Regulations Management, Department of and Bonds; Regulations Governing Payments ceived November 13, 1996, pursuant to 5 Veterans Affairs, transmitting the Depart- by the Automated Clearing House Method on U.S.C. 801(a)(1)(A); to the Committee on ment’s final rule—Willful Misconduct (RIN: Account of United States Securities (31 CFR Ways and Means. 2900–AI26) received October 31, 1996, pursuant Parts 356 and 370) received October 15, 1996, 744. A letter from the Chief, Regulations to 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Unit, Internal Revenue Service, transmitting Veterans’ Affairs. mittee on Ways and Means. the Service’s final rule—Interim Guidance 723. A letter from the Director, Office of 733. A letter from the Acting Assistant on Sections 877, 1494, 6039F, and 6048 (Notice Regulations Management, Department of Secretary for Import Administration, De- 96–60) received November 13, 1996, pursuant Veterans Affairs, transmitting the Depart- partment of Commerce, transmitting the De- to 5 U.S.C. 801(a)(1)(A); to the Committee on ment’s final rule—Evidence of Dependents partments’ final rule—Changes in Procedures Ways and Means. and Age (RIN: 2900–AH51) received October for the Insular Possessions Watch Program 745. A letter from the Chief, Regulations 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to [Docket No. 960508126–6126–01] (RIN: 0625– Unit, Internal Revenue Service, transmitting the Committee on Veterans’ Affairs. AA46) (Department of Commerce and Depart- the Service’s final rule—Pension Plan Limi- 724. A letter from the Director, Office of ment of the Interior) received October 29, tations (Notice 96–55) received November 19, Regulations Management, Department of 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Veterans Affairs, transmitting the Depart- Committee on Ways and Means. Committee on Ways and Means. ment’s final rule—Community Residential 734. A letter from the Assistant Secretary 746. A letter from the Chief, Regulations Care Program and Contract Program for for Employment and Training, Department Unit, Internal Revenue Service, transmitting Veterans With Alcohol and Drug Dependence of Labor, transmitting the Department’s the Service’s final rule—Qualified Pension, Disorders (RIN: 2900–AH61) received Decem- final rule—Unemployment Insurance Pro- Profit-Sharing, and Stock Bonus Plans (Rev. ber 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); gram (Letters 30–96 and 37–96) received Octo- Rul. 96–53) received November 19, 1996, pursu- to the Committee on Veterans’ Affairs. ber 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); ant to 5 U.S.C. 801(a)(1)(A); to the Committee 725. A letter from the National Adjutant, to the Committee on Ways and Means. on Ways and Means. the Disabled American Veterans, transmit- 735. A letter from the Acting U.S. Trade 747. A letter from the Chief, Regulations ting the report of the proceedings of the or- Representative, Executive Office of the Unit, Internal Revenue Service, transmitting ganization’s 75th National Convention, in- President, transmitting a report on recent the Service’s final rule—Closing agreements cluding their annual audit report of receipts developments regarding implementation of (Rev. Proc. 96–50) received October 31, 1996, and expenditures as of December 31, 1995—re- section 301 of the Trade Act of 1974; to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived in the U.S. House of Representatives, Committee on Ways and Means. mittee on Ways and Means. November 14, 1996, pursuant to 36 U.S.C. 90i 736. A letter from the Chief, Regulations 748. A letter from the Chief, Regulations and 44 U.S.C. 1332 (H. Doc. No. 105–8); to the Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting Committee on Veterans’ Affairs and ordered the Service’s final rule—Work Opportunity the Service’s final rule—Determination of to be printed. Tax Credit—Supplementary Instructions for Issue Price in the Case of Certain Debt In- 726. A letter from the Acting U.S. Trade Form 8850 (Announcement 96–116) received struments Issued for Property (Rev. Rul. 96– Representative, Office of the U.S. Trade Rep- November 12, 1996, pursuant to 5 U.S.C. 52) received October 17, 1996, pursuant to 5 resentative, transmitting the President’s de- 801(a)(1)(A); to the Committee on Ways and U.S.C. 801(a)(1)(A); to the Committee on termination that title IV of the Trade Act of Means. Ways and Means. 1974 should no longer apply to Romania and 737. A letter from the Chief, Regulations 749. A letter from the Chief, Regulations his proclamation of the permanent extension Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting H64 CONGRESSIONAL RECORD — HOUSE January 7, 1997 the Service’s final rule—Transition Relief the Service’s final rule—Logos and Identify- the Service’s final rule—Certain Elections for SIMPLES (Announcement 96–112) re- ing Slogans on Substitute Forms 1099 [Notice Under the Omnibus Budget Reconciliation ceived October 17, 1996, pursuant to 5 U.S.C. 96–62] received November 15, 1996, pursuant Act of 1993 [TD 8688] (RIN: 1545–AS14) re- 801(a)(1)(A); to the Committee on Ways and to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived December 11, 1996, pursuant to 5 Means. Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on 750. A letter from the Chief, Regulations 762. A letter from the Chief, Regulations Ways and Means. Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting 774. A letter from the Chief, Regulations the Service’s final rule—Advance Pricing the Service’s final rule—Last-in, First-out Unit, Internal Revenue Service, transmitting Agreement Revenue Procedure (Revenue Inventories (Revenue Ruling 96–60) received the Service’s final rule—Definitions Relating Procedure 96–53) received November 19, 1996, December 2, 1996, pursuant to 5 U.S.C. to Application of Exclusion under Section pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Ways and 127 of the Internal Revenue Code [Notice 96– mittee on Ways and Means. Means. 68] received December 10, 1996, pursuant to 5 751. A letter from the Chief, Regulations 763. A letter from the Chief, Regulations U.S.C. 801(a)(1)(A); to the Committee on Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting Ways and Means. the Service’s final rule—Deposits of Excise the Service’s final rule—Nondiscrimination 775. A letter from the Chief, Regulations Taxes (RIN: 1545–AT25) received November Rules for Plans Maintained by Governments Unit, Internal Revenue Service, transmitting 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to and Tax-Exempt Organizations [Notice 96–64] the Service’s final rule—Determination of the Committee on Ways and Means. received December 3, 1996, pursuant to 5 Interest Rate [Rev. Rul. 96–61] received De- 752. A letter from the Chief, Regulations U.S.C. 801(a)(1)(A); to the Committee on cember 10, 1996, pursuant to 5 U.S.C. Unit, Internal Revenue Service, transmitting Ways and Means. 801(a)(1)(A); to the Committee on Ways and the Service’s final rule—Developing Interim 764. A letter from the Chief, Regulations Means. Requirements for Designated Delivery Serv- Unit, Internal Revenue Service, transmitting 776. A letter from the Chief, Regulations ices Under Section 7502(f) of the Internal the Service’s final rule—Medical Savings Ac- Unit, Internal Revenue Service, transmitting Revenue Code (Announcement 96–108) re- counts [Notice 96–53] received December 2, the Service’s final rule—Setting Forth the ceived October 15, 1996, pursuant to 5 U.S.C. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Inflation Adjusted Items for 1997, Including 801(a)91)(A); to the Committee on Ways and Committee on Ways and Means. the Tax Rate Tables, the Standard Deduc- Means. 765. A letter from the Chief, Regulations tion, and Several Other Items [Rev. Proc. 96– 753. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting 59] received December 12, 1996, pursuant to 5 Unit, Internal Revenue Service, transmitting the Service’s final rule—Estate Tax Regula- U.S.C. 801(a)(1)(A); to the Committee on the Service’s final rule—Action on Decision tions for a Qualified Domestic Trust [Reve- Ways and Means. in Brown Group, Inc. v. Commissioner (77 nue Procedure 96–54] received November 27, 777. A letter from the Chief, Regulations F.3d 217) received October 17, 1996, pursuant 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Unit, Internal Revenue Service, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Ways and Means. the Service’s final rule—Extension of Test of Ways and Means. 766. A letter from the Chief, Regulations 754. A letter from the Chief, Regulations Mediation Procedure for Appeals [Announce- Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting ment 97–1] received December 12, 1996, pursu- the Service’s final rule—Action on Decision the Service’s final rule—Requirements to ant to 5 U.S.C. 801(a)(1)(A); to the Committee in Velinsky v. Commissioner (Dkt. No. 5469– Ensure Collection of Section 2056A Estate on Ways and Means. 778. A letter from the Chief, Regulations 94) received October 15, 1996, pursuant to 5 Tax [TD 8686] (RIN: 1545–AT64) received No- Unit, Internal Revenue Service, transmitting U.S.C. 801(a)(1)(A); to the Committee on vember 27, 1996, pursuant to 5 U.S.C. Ways and Means. 801(a)(1)(A); to the Committee on Ways and the Service’s final rule—Sale of Seized Prop- 755. A letter from the Chief, Regulations Means. erty [TD 8691] (RIN: 1545–AU13 received De- Unit, Internal Revenue Service, transmitting 767. A letter from the Chief, Regulations cember 16, 1996, pursuant to 5 U.S.C. the Service’s final rule—Examination of re- Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Ways and turns and claims for refund, credit, or abate- the Service’s final rule—Source of Income Means. ment; determination of correct tax liability from Sales of Inventory and Natural Re- 779. A letter from the Chief, Regulations (Rev. Proc. 96–51) received November 1, 1996, sources Produced in One Jurisdiction and Unit, Internal Revenue Service, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Sold in Another Jurisdiction [TD 8687] (RIN: the Service’s final rule—Reissuance of Mort- mittee on Ways and Means. 1545–AT92) received November 27, 1996, pursu- gage Credit Certificates [TD 8692] (RIN: 1545– 756. A letter from the Chief, Regulations ant to 5 U.S.C. 801(a)(1)(A); to the Committee AR57) received December 16, 1996, pursuant Unit, Internal Revenue Service, transmitting on Ways and Means. to 5 U.S.C. 801(a)(1)(A); to the Committee on the Service’s final rule—Weighted Average 768. A letter from the Chief, Regulations Ways and Means. Interest Rate Update (Notice 96–54) received Unit, Internal Revenue Service, transmitting 780. A letter from the Chief, Regulations October 30, 1996, pursuant to 5 U.S.C. the Service’s final rule—Treatment of a Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Ways and Trust as Domestic or Foreign—Changes the Service’s final rule—Examination of Re- Means. Made by the Small Business Protection Act turns and Claims for Refund, Credit, or 757. A letter from the Chief, Regulations [Notice 96–65] received December 9, 1996, pur- Abatement; Determination of Correct Tax Unit, Internal Revenue Service, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Liability [Rev. Proc. 96–58] received Decem- the Service’s final rule—Educational Assist- tee on Ways and Means. ber 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); ance Programs (Rev. Rul. 96–41) received Oc- 769. A letter from the Chief, Regulations to the Committee on Ways and Means. tober 21, 1996, pursuant to 5 U.S.C. Unit, Internal Revenue Service, transmitting 781. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Ways and the Service’s final rule—Taxation of Fringe Unit, Internal Revenue Service, transmitting Means. Benefits [26 CFR 1.61–21] [Revenue Ruling 96– the Service’s final rule—Optional Standard 758. A letter from the Chief, Regulations 58] received December 9, 1996, pursuant to 5 Mileage Rates for Employees, Self-Employed Unit, Internal Revenue Service, transmitting U.S.C. 801(a)(1)(A); to the Committee on Individuals, or Other Taxpayers To Use in the Service’s final rule—Information Report- Ways and Means. Computing the Deductible Costs of Operating ing for Discharges of Indebtedness: Waiver of 770. A letter from the Chief, Regulations a Passenger Automobile for Business, Chari- Penalties in Certain Circumstances For For- Unit, Internal Revenue Service, transmitting table, Medical, or Moving Expense Purposes eign Financial Entities [Notice 96–61] re- the Service’s final rule—Low-Income Hous- [Rev. Proc. 96–63] received December 16, 1996, ceived November 14, 1996, pursuant to 5 ing Credit [Revenue Ruling 96–59] received pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on December 9, 1996, pursuant to 5 U.S.C. mittee on Ways and Means. Ways and Means. 801(a)(1)(A); to the Committee on Ways and 782. A letter from the Chief, Regulations 759. A letter from the Chief, Regulations Means. Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting 771. A letter from the Chief, Regulations the Service’s final rule—Examination of Re- the Service’s final rule—Determination of Unit, Internal Revenue Service, transmitting turns and Claims for Refund, Credit, or Issue Price in the Case of Certain Debt In- the Service’s final rule—Cessation of Donor’s Abatement; Determination of Correct Tax struments Issue for Property [Revenue Rul- Dominion and Control [26 CFR 25.2511–2] Liability [Rev. Proc. 96–64] received Decem- ing 96–57] received November 21, 1996, pursu- [Revenue Ruling 96–56] received December 9, ber 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the to the Committee on Ways and Means. on Ways and Means. Committee on Ways and Means. 783. A letter from the Chief, Regulations 760. A letter from the Chief, Regulations 772. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting the Service’s final rule—Rulings and Deter- the Service’s final rule—Weighted Average the Service’s final rule—Rulings and Deter- mination Letters [Rev. Proc. 96–56] received Interest Rate Update [Notice 96–59] received mination Letters [26 CFR 601.201] [Rev. Proc. December 16, 1996, pursuant to 5 U.S.C. November 25, 1996, pursuant to 5 U.S.C. 96–55] received December 9, 1996, pursuant to 801(a)(1)(A); to the Committee on Ways and 801(a)(1)(A); to the Committee on Ways and 5 U.S.C. 801(a)(1)(A); to the Committee on Means. Means. Ways and Means. 784. A letter from the Chief, Regulations 761. A letter from the Chief, Regulations 773. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting the Service’s final rule—Diesel Fuel Excise January 7, 1997 CONGRESSIONAL RECORD — HOUSE H65 Tax; Special Rules for Alaska [TD 8693] (RIN: ommended Exclusions (RIN: 0960–AE23) re- 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 1545–AU52) received December 16, 1996, pursu- ceived April 16, 1996, pursuant to 5 U.S.C. jointly, to the Committees on Commerce and ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Ways and Ways and Means. on Ways and Means. Means. 806. A letter from the Secretary of Health 785. A letter from the Chief, Regulations 796. A letter from the Chief of Staff, Social and Human Services, transmitting the De- Unit, Internal Revenue Service, transmitting Security Administration, transmitting the partment’s ‘‘Major’’ final rule—Medicare the Service’s final rule—Disclosure of Return Administration’s final rule—Overpayment Program; Physician Fee Schedule Update for Information to the U.S. Custom Service [TD Appeal and Waiver Rights (RIN: 0960–AD99) Calendar Year 1997 and Physician volume 8694] (RIN: 1545–AS52) received December 16, received October 29, 1996, pursuant to 5 Performance Standard Rates of Increase for 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on Federal Fiscal Year 1997 [BPD–853–FN] (RIN: Committee on Ways and Means. Ways and Means. 0938–AH41) received November 25, 1996, pursu- 786. A letter from the Chief, Regulations 797. A letter from the Chief of Staff, Social ant to 5 U.S.C. 801(a)(1)(A); jointly, to the Unit, Internal Revenue Service, transmitting Security Administration, transmitting the Committees on Commerce and Ways and the Service’s final rule—Disclosure of Return Administration’s final rule—Evidence of Means. Information to Procure Property or Services Lawful Admission for Permanent Residence 807. A letter from the Director, Defense Se- for Tax Administration Purposes [TD 8695] in the United States (RIN: 0960–AD90) re- curity Assistance Agency, transmitting a re- (RIN: 1545–AT48) received December 16, 1996, ceived October 31, 1996, pursuant to 5 U.S.C. port on deliveries to the Government of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Ways and Bosnia and Herzegovina, pursuant to Public mittee on Ways and Means. Means. Law 104–107, section 540(c) (110 Stat. 736); 787. A letter from the Chief, Regulations 798. A letter from the National Security jointly, to the Committees on International Unit, Internal Revenue Service, transmitting Council, transmitting on behalf of the Presi- Relations and Appropriations. the Service’s final rule—Application of Sec- dent the report to Congress called for in sec- 808. A letter from the Assistant Secretary tion 401(a)(9) to Employees who Attain Age tion 406 of the Department of State and Re- for Legislative Affairs, Department of State, 701⁄2 in 1996 [Notice 96–67] received December lated Agencies Appropriations Act, 1997; transmitting notification of the Depart- 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to jointly, to the Committees on Appropria- ment’s intent to obligate funds to support the Committee on Ways and Means. tions and International Relations. United States efforts in Bosnia, pursuant to 788. A letter from the Chief, Regulations 799. A letter from the Deputy Under Sec- 22 U.S.C. 2394–1(a); jointly, to the Commit- Unit, Internal Revenue Service, transmitting retary of Defense (Environmental Security), tees on International Relations and Appro- the Service’s final rule—Employee Plans and Department of Defense, transmitting a re- priations. Exempt Organizations; Requests for Certain port on the Defense Environmental Restora- 809. A letter from the Assistant Secretary Determination Letters and Applications For tion Program for fiscal year 1995, pursuant for Legislative Affairs, Department of State, Recognition of Exemption [Announcement to 10 U.S.C. 2706(a)(1); jointly, to the Com- transmitting obligation of funds for addi- 96–133] received December 13, 1996, pursuant mittees on National Security and Commerce. tional program proposals for purposes of to 5 U.S.C. 801(a)(1)(A); to the Committee on 800. A letter from the Secretary of Energy, nonproliferation and disarmament fund ac- Ways and Means. transmitting notification that the Depart- tivities, pursuant to 22 U.S.C. 5858; jointly, 789. A letter from the Chief, Regulations ment has submitted drafts of all nine chap- to the Committees on International Rela- Unit, Internal Revenue Service, transmitting ters of the compliance certification applica- tions and Appropriations. the Service’s final rule—Deductability, Sub- tion to the Environmental Protection Agen- 810. A letter from the Assistant Secretary stantiation, and Disclosure of Certain Chari- cy, pursuant to Public Law 102–579 section for Legislative Affairs, Department of State, table Contributions [TD 8690] (RIN: 1545– 8(d)(1); jointly, to the Committees on Na- transmitting a copy of Presidential Deter- AS94) received December 13, 1996, pursuant tional Security and Commerce. mination No. 97–10: Continued Vietnamese to 5 U.S.C. 801(a)(1)(A); to the Committee on 801. A letter from the Secretary of Labor, Cooperation in Accounting for United States Ways and Means. transmitting the Department’s annual re- Prisoners of War and Missing in Action 790. A communication from the President port to Congress on the fiscal year 1995 pro- (POW/MIA); jointly, to the Committees on of the United States, transmitting a report gram operations of the Office of Workers’ International Relations and Appropriations. concerning his actions in response to the ITC Compensation Programs [OWCP], the admin- 811. A letter from the Chairman, Federal safeguards investigation of broom-corn istration of the Black Lung Benefits Act Election Commission, transmitting the Com- brooms, pursuant to section 203(b)(1) of the [BLBA], the Longshore and Harbor Workers’ mission’s fiscal year 1998 budget request, Trade Act of 1974; to the Committee on Ways Compensation Act [LHWCA], and the Federal pursuant to 2 U.S.C. 437d(d)(1); jointly, to the and Means. Employees’ Compensation Act for the period Committees on House and Oversight and Ap- 791. A letter from the Secretary of Agri- October 1, 1994, through September 30, 1995, propriations. culture, transmitting the Department’s pursuant to 30 U.S.C. 936(b); to the Commit- 812. A letter from the Chairman, Federal ‘‘Major’’ final rule—Dairy Tariff-Rate Im- tee on Education and the Workforce. Election Commission, transmitting an ad- port Quota Licensing (7 CFR Part 6) received 802. A letter from the Secretary of Energy, dendum to the fiscal year 1998 budget request October 14, 1996, pursuant to 5 U.S.C. transmitting a copy of the Federal Alter- with respect to tuition assistance; jointly, to 801(a)(1)(A); to the Committee on Ways and native Motor Fuels Program fifth annual re- the Committees on House and Oversight and Means. port to Congress, July 1996, pursuant to 42 Appropriations. 792. A letter from the Secretary of Health U.S.C. 6374c; jointly, to the Committees on 813. A letter from the Assistant Secretary and Human Services, transmitting the De- Commerce and Science. for Legislative Affairs, Department of State, partment’s ‘‘Major’’ final rule—Inpatient 803. A letter from the Secretary of Energy, transmitting certification that Thailand has Hospital Deductible and Hospital and Ex- transmitting the Department’s ninth annual adopted a regulatory program governing the tended Care Services Coinsurance Amounts report to Congress summarizing the Depart- incidental taking of certain sea turtles, pur- for 1997 [OACT–054–N] (RIN: 0938–AH08) re- ment’s progress during fiscal year 1995 in im- suant to Public Law 101–162, section 609(b)(2) ceived November 6, 1996, pursuant to 5 U.S.C. plementing the requirements of the Com- (103 Stat. 1038); jointly, to the Committees 801(a)(1)(A); to the Committee on Ways and prehensive Environmental Response, Com- on Resources and Appropriations. Means. pensation, and Liability Act, pursuant to 814. A letter from the Assistant Attorney 793. A letter from the Secretary of Health Public Law. 99–499, section 120(e)(5) (100 Stat. General, Department of Justice, transmit- and Human Services, transmitting the De- 1669); jointly, to the Committees on Com- ting a draft of proposed legislation to include partment’s final rule—Medicare Program; merce and Transportation and Infrastruc- American Samoa in the Act of October 4, Part A Premium for 1997 for the Uninsured ture. 1984 (98 Stat. 1732, 48 U.S.C. section 1662a), Aged and for Certain Disabled Individuals 804. A letter from the Secretary of Health dealing with territories of the United States, Who Have Exhausted Other Entitlement and Human Services, transmitting the De- and for other purposes; jointly, to the Com- [OACT–053–N] (RIN: 0938–AH45) received No- partment’s final rule—Medicare Program; mittees on Resources and the Judiciary. vember 6, 1996, pursuant to 5 U.S.C. Monthly Actuarial Rates and Monthly Sup- 815. A letter from the Secretary of Trans- 801(a)(1)(A); to the Committee on Ways and plementary Medical Insurance Premium portation, transmitting the Department’s Means. Rate Beginning January 1, 1997 [OACT–052–N] third edition of the surface transportation 794. A letter from the Secretary of Health (RIN: 0938–AH42) received October 26, 1996, research and development plan, pursuant to and Human Services, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); jointly, to Public Law 102–240, section 6009(b)(8) (105 partment’s final rule—Foster Care Mainte- the Committees on Commerce and Ways and Stat. 2177); jointly, to the Committees on nance Payments, Adoption Assistance, Child Means. Transportation and Infrastructure and and Family Services (RIN: 0970–AB34) re- 805. A letter from the Secretary of Health Science. ceived December 6, 1996, pursuant to 5 U.S.C. and Human Services, transmitting the De- 816. A letter from the Chairman, National 801(a)(1)(A); to the Committee on Ways and partment’s ‘‘Major’’ final rule—Medicare Transportation Safety Board, transmitting a Means. Program; Revisions to Payment Policies and copy of the Board’s budget request for fiscal 795. A letter from the Inspector General, Five-Year Review of and Adjustments to the year 1998, pursuant to 49 U.S.C. app. Social Security Administration, transmit- Relative Value Units Under the Physician 1903(b)(7); jointly, to the Committees on ting the Administration’s final rule—Civil Fee Schedule for Calendar Year 1997 [BPD– Transportation and Infrastructure and Ap- Monetary Penalties, Assessments and Rec- 852–FC] (RIN: 0938–AH40) received November propriations. H66 CONGRESSIONAL RECORD — HOUSE January 7, 1997 817. A letter from the Chairman, National activity of the Committee on Ways and Mr. WALKER: Committee on Science. Transportation Safety Board, transmitting Means for the 104th Congress (Rept. 104–872). Summary of activities of the Committee on the Board’s amended budget request for fis- Referred to the Committee of the Whole Science during the 104th Congress (Rept. 104– cal year 1998; jointly, to the Committees on House on the State of the Union. 887). Referred to the Committee of the Whole Transportation and Infrastructure and Ap- [Submitted January 2, 1997] House on the State of the Union. propriations. f 818. A letter from the Chairman, National Mrs. MEYERS: Committee on Small Busi- ness. Report of the summary of activities of Transportation Safety Board, transmitting a PUBLIC BILLS AND RESOLUTIONS copy of the Safety Board’s appeal letter to the Committee on Small Business during the OMB regarding the fiscal year 1998 budget re- 104th Congress (Rept. 104–873). Referred to Under clause 5 of rule X and clause 4 quest, pursuant to 49 U.S.C. app. 1903(b)(7); the Committee of the Whole House on the of rule XXII, public bills and resolu- jointly, to the Committees on Transpor- State of the Union. tions were introduced and severally re- Mr. CLINGER: Committee on Government tation and Infrastructure and Appropria- ferred as follows: tions. Reform and Oversight. Report on the activi- 819. A letter from the Chairman, Railroad ties of the Committee on Government Re- By Mr. BALLENGER (for himself, Mr. Retirement Board, transmitting a copy of form and Oversight during the 104th Con- GOODLING, Mrs. MYRICK, Ms. DUNN of the U.S. Railroad Retirement Board’s 1996 gress (Rept. 104–874). Referred to the Com- Washington, Ms. MOLINARI, Mr. annual report to the President and the Con- mittee of the Whole House on the State of GREENWOOD, Mr. SHAYS, Mr. STEN- gress, pursuant to 45 U.S.C. 231f(b)(6); joint- the Union. HOLM, Ms. PRYCE of Ohio, Mr. DOOLEY ly, to the Committees on Transportation and Mr. GOODLING: Committee on Economic of California, Mr. UPTON, Mrs. FOWL- Infrastructure and Appropriations. and Educational Opportunities. Report on ER, Mr. FOX of Pennsylvania, Ms. 820. A letter from the Associate Director, the activities of the Committee on Economic GRANGER, Mr. CAMPBELL, Mr. PETRI, National Institute for Standards and Tech- and Educational Opportunities during the Mr. FAWELL, Mr. RIGGS, Mr. nology, transmitting the Institute’s final 104th Congress (Rept. 104–875). Referred to KNOLLENBERG, Mr. NORWOOD, Mr. rule—Procedures for Implementation of the the Committee of the Whole House on the BURR of North Carolina, Mr. HERGER, Fastener Quality Act [Docket No. 960726209– State of the Union. Mr. BARRETT of Nebraska, Mr. 6209–01] (RIN: 0693–AA90) received October 7, Mrs. JOHNSON of Connecticut: Committee MCKEON, Mr. CUNNINGHAM, Mr. GRA- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); joint- on Standards of Official Conduct. Report in HAM, Mr. INGLIS of South Carolina, ly, to the Committees on Science and Com- the matter of Representative Barbara-Rose Mr. HAYWORTH, Mr. MILLER of Flor- merce. Collins (Rept. 104–876). Referred to the House ida, Mr. COBURN, Mr. MCCOLLUM, Mr. 821. A letter from the Secretary of Health Calendar. EHLERS, Mr. BARTLETT of Maryland, and Human Services, transmitting the De- Mr. LEACH: Committee on Banking and Mr. GOSS, Mr. GOODLATTE, Mr. partment’s final rule—Medicare Program; Financial Services. Report on the activities MCINTOSH, Mr. LATOURETTE, Mr. Changes Concerning Suspension of Medicare of the Committee on Banking and Financial NEY, Mr. BUNNING of Kentucky, Mr. Payments, and Determination of Allowable Services during the 104th Congress (Rept. BOEHNER, and Mr. SMITH of Texas): Interest Expenses [BPO–118–FC] (RIN: 0938– 104–877). Referred to the Committee of the H.R. 1. A bill to amend the Fair Labor AC99) received December 13, 1996, pursuant Whole House on the State of the Union. Standards Act of 1938 to provide compen- to 5 U.S.C. 801(a)(1)(A); jointly, to the Com- Mr. YOUNG of Alaska: Committee on Re- satory time for employees in the private sec- mittees on Ways and Means and Commerce. sources. Report on legislative and oversight tor; to the Committee on Education and the 822. A letter from the Director, Office of activities of the Committee on Resources Workforce. Management and Budget, transmitting a re- during the 104th Congress (Rept. 104–878). Re- By Mr. LAZIO of New York: port that identifies accounts containing ferred to the Committee of the Whole House H.R. 2. A bill to repeal the U.S. Housing unvouchered expenditures that are poten- on the State of the Union. Act of 1937, deregulate the public housing tially subject to audit by the comptroller Mr. HYDE: Committee on the Judiciary. program and the program for rental housing general, pursuant to 31 U.S.C. 3524(b); joint- Report on the activities of the Committee on assistance for low-income families, and in- ly, to the Committees on Appropriations, the the Judiciary during the 104th Congress crease community control over such pro- Budget, and Government Reform and Over- (Rept. 104–879). Referred to the Committee of grams, and for other purposes; to the Com- sight. the Whole House on the State of the Union. mittee on Banking and Financial Services. f Mr. KASICH: Committee on the Budget. By Mr. MCCOLLUM (for himself, Mr. COBLE, Mr. BARR of Georgia, Mr. BRY- REPORTS OF COMMITTEES ON Activities and summary report of the Com- mittee on the Budget during the 104th Con- ANT, and Mr. CANADY of Florida): PUBLIC BILLS AND RESOLUTIONS gress (Rept. 104–880). Referred to the Com- H.R. 3. A bill to combat violent youth Under clause 2 of the rule XIII, re- mittee of the Whole House on the State of crime and increase accountability for juve- ports of committees were delivered to the Union. nile criminal offenses; to the Committee on the Clerk for printing and reference to Mr. ROBERTS: Committee on Agriculture. the Judiciary. the proper calendar, as follows: Report on the activities of the Committee on By Mr. SHUSTER (for himself and Mr. Agriculture during the 104th Congress (Rept. OBERSTAR): [Submitted November 26, 1996] 104–881). Referred to the Committee of the H.R. 4. A bill to provide off-budget treat- Mr. SOLOMON: Committee on Rules. Sur- Whole House on the State of the Union. ment for the highway trust fund, the airport vey of activities of the House Committee on Mr. BLILEY: Committee on Commerce. and airway trust fund, the inland waterways Rules, 104th Congress (Rept. 104–868). Re- Report on the activity of the Committee on trust fund, and the harbor maintenance trust ferred to the Committee of the Whole House Commerce during the 104th Congress (Rept. fund; to the Committee on Transportation on the State of the Union. 104–882). Referred to the Committee of the and Infrastructure, and in addition to the [Submitted December 18, 1996] Whole House on the State of the Union. Committee on the Budget, for a period to be Mr. STUMP: Committee on Veterans’ Af- Mr. GILMAN: Committee on International subsequently determined by the Speaker, in fairs. Activities of the Committee on Veter- Relations. Legislative review activities re- each case for consideration of such provi- ans’ Affairs for the 104th Congress (Rept. 104– port of the Committee on International Re- sions as fall within the jurisdiction of the 869). Referred to the Committee of the Whole lations during the 104th Congress (Rept. 104– committee concerned. House on the State of the Union. 883). Referred to the Committee of the Whole By Mr. GOODLING (for himself, Mr. [Submitted December 19, 1996] House on the State of the Union. RIGGS, Mr. CASTLE, Mr. PETRI, Mr. Mr. SPENCE: Committee on National Se- BALLENGER, Mr. BARRETT of Ne- Mr. LIVINGSTON: Committee on Appro- curity. Report of the activities of the Com- braska, Mr. MCKEON, Mr. TALENT, priations. Report on activities of the Com- Mr. GREENWOOD, Mr. KNOLLENBERG, mittee on Appropriations during the 104th mittee on National Security during the 104th Mr. GRAHAM, Mr. SOUDER, Mr. Congress (Rept. 104–870). Referred to the Congress (Rept. 104–884). Referred to the MCINTOSH, Mr. NORWOOD, and Mr. Committee of the Whole House on the State Committee of the Whole House on the State of the Union. of the Union. CUNNINGHAM): Mr. THOMAS: Committee on House Over- H.R. 5. A bill to amend the Individuals [Submitted December 20, 1996] sight. Report of the activities of the Com- with Disabilities Education Act, to reauthor- Mr. SHUSTER: Committee on Transpor- mittee on House Oversight during the 104th ize and make improvements to that act, and tation and Infrastructure. Summary of legis- Congress (Rept. 104–885). Referred to the for other purposes; to the Committee on lative and oversight activities of the Com- Committee of the Whole House on the State Education and Workforce. mittee on Transportation and Infrastructure of the Union. By Mr. MCKEON: for the 104th Congress (Rept. 104–871). Re- Mrs. JOHNSON of Connecticut: Committee H.R. 6. A bill to extend the authorization ferred to the Committee of the Whole House on Standards of Official Conduct. Report of of programs under the Higher Education Act on the State of the Union. the activities of the Committee on Standards of 1965, and for other purposes; to the Com- [Submitted December 31, 1996] of Official Conduct during the 104th Congress mittee on Education and the Workforce. Mr. ARCHER: Committee on Ways and (Rept. 104–886). Referred to the Committee of By Mr. BILBRAY (for himself, Mr. AR- Means. Report on legislative and oversight the Whole House on the State of the Union. CHER, Mr. BALLENGER, Mr. BEREUTER, January 7, 1997 CONGRESSIONAL RECORD — HOUSE H67

Mr. BRYANT, Mr. CUNNINGHAM, Mr. tive benefits under the Medicare Program; to H.R. 27. A bill to protect the right to ob- DOOLITTLE, Mr. GOODLATTE, Mr. the Committee on Commerce, and in addi- tain firearms for security, and to use fire- HERGER, Mr. HORN, Mr. HUNTER, Mr. tion to the Committee on Ways and Means, arms in defense of self, family, or home, and INGLIS of South Carolina, Mr. JONES, for a period to be subsequently determined to provide for the enforcement of such right; Mr. MCCOLLUM, Mr. MCINTOSH, Mr. by the Speaker, in each case for consider- to the Committee on the Judiciary. MCKEON, Mr. PACKARD, Mr. ation of such provisions as fall within the ju- By Mr. BEREUTER: RADANOVICH, Mr. RIGGS, Mr. risdiction of the committee concerned. H.R. 28. A bill to amend the Housing Act of ROHRABACHER, Mr. ROYCE, Mr. SKEEN, By Mr. DINGELL: 1949 to extend the loan guarantee program Mr. TRAFICANT, Mr. WAMP, Mr. H.R. 16. A bill to provide a program of na- for multifamily rental housing in rural WELDON of Florida, and Mr. WELLER): tional health insurance, and for other pur- areas; to the Committee on Banking and Fi- H.R. 7. A bill to amend the Immigration poses; to the Committee on Commerce, and nancial Services. and Nationality Act to deny citizenship at in pollution to the Committee on Ways and By Mr. RANGEL (for himself, Mr. GEP- birth to children born in the United States of Means, for a period to be subsequently deter- HARDT, Mrs. MALONEY of New York, parents who are not citizens or permanent mined by the Speaker, in each case for con- Mr. CUMMINGS, Mr. NEAL of Massa- resident aliens; to the Committee on the Ju- sideration of such provisions as fall within chusetts, Mr. KENNEDY of Massachu- diciary. the jurisdiction of the committee concerned. setts, Ms. JACKSON-LEE, Mr. By Mr. BILBRAY (for himself, Mr. By Mr. POMEROY: PORTMAN, Mr. SERRANO, Mr. CON- BARTON of Texas, Mr. FILNER, Mr. H.R. 17. A bill to amend the Internal Reve- YERS, Mr. SABO, Mr. UNDERWOOD, HUNTER, Mr. CUNNINGHAM, Mr. CAL- nue Code of 1986 to encourage retirement Mrs. MEEK of Florida, Mr. PAYNE, Mr. VERT, Mr. BONO, and Mr. CONDIT): savings by allowing more individuals to PALLONE, Mr. FRANK of Massachu- H.R. 8. A bill to amend the Clean Air Act make contributions to individual retirement setts, Mr. ACKERMAN, Ms. WATERS, to deny entry into the United States of cer- plans, and for other purposes; to the Com- Mr. JEFFERSON, Ms. NORTON, Mr. tain foreign motor vehicles that do not com- mittee on Ways and Means. NADLER, Mr. JACKSON, Mr. HASTINGS ply with State laws governing motor vehi- H.R. 18. A bill to amend the Internal Reve- of Florida, Ms. DELAURO, Mr. MAT- cles emissions, and for other purposes; to the nue Code of 1986 to increase to 100 percent SUI, and Mr. BARRETT of Wisconsin): Committee on Commerce. the amount of the deduction for the health H.R. 29. A bill to designate the Federal By Mr. SERRANO: insurance costs of self-employed individuals; building located at 290 Broadway in New H.R. 9. A bill to waive certain prohibitions to the Committee on Ways and Means. York, NY, as the ‘‘Ronald H. Brown Federal with respect to nationals of Cuba coming to H.R. 19. A bill to amend the Internal Reve- Building’’; to the Committee on Transpor- the United States to play organized profes- nue Code of 1986 to provide a deduction for tation and Infrastructure. sional baseball; to the Committee on Inter- higher education expenses; to the Committee By Mr. EHLERS: national Relations, and in addition to the on Ways and Means. H.R. 30. A bill to amend title 11 of the Committee on the Judiciary, for a period to By Mr. MICA: United States Code to make nondischarge- be subsequently determined by the Speaker, H.R. 20. A bill to authorize the Architect of able a debt for death or injury caused by the in each case for consideration of such provi- the Capitol to establish a Capitol Visitor debtor’s operation of watercraft or aircraft sions as fall within the jurisdiction of the Center under the East Plaza of the U.S. Cap- while intoxicated; to the Committee on the committee concerned. itol, and for other purposes; to the Commit- Judiciary. By Mr. LEACH (for himself, Mrs. ROU- tee on Transportation and Infrastructure. By Mr. BAKER (for himself and Mr. KEMA, Mr. CASTLE, and Mr. LAZIO of By Mr. CONYERS: KANJORSKI): New York): H.R. 21. A bill to require the general appli- H.R. 31. A bill to reform the Federal Home H.R. 10. A bill to enhance competition in cation of the antitrust laws to major league Loan Bank System, and for other purposes; the financial services industry by providing baseball, and for other purposes; to the Com- to the Committee on Banking and Financial a prudential framework for the affiliation of mittee on the Judiciary. Services. banks, securities firms, and other financial By Mr. MCHUGH: By Mr. BAKER (for himself, Mr. service providers, and for other purposes; to H.R. 22. A bill to reform the postal laws of BACHUS, and Mr. LAZIO OF NEW YORK): the Committee on Banking and Financial the United States; to the Committee on Gov- H.R. 32. A bill to terminate the property Services, and in addition to the Committee ernment Reform and Oversight. disposition program of the Department of on Commerce, for a period to be subse- By Mr. CLAY: Housing and Urban Development providing quently determined by the Speaker, in each H.R. 23. A bill to amend the Fair Labor single family properties for use for the case for consideration of such provisions as Standards Act of 1938 to provide for legal ac- homeless; to the Committee on Banking and fall within the jurisdiction of the committee countability for sweatshop conditions in the Financial Services. concerned. garment industry, and for other purposes; to By Mr. BEREUTER: By Mr. ARCHER: the Committee on Education and the H.R. 33. A bill to amend the Housing and H.R. 11. A bill to amend the Federal Elec- Workforce. Community Development Act of 1992 to ex- tion Campaign Act of 1971 to prohibit politi- By Mr. BARR of Georgia: tend the loan guarantee program for Indian cal action committees from making con- H.R. 24. A bill to provide for State credit housing; to the Committee on Banking and tributions or expenditures for the purpose of union representation on the National Credit Financial Services. influencing elections for Federal office, and Union Administration Board, and for other H.R. 34. A bill to amend the Federal Elec- for other purposes; to the Committee on purposes; to the Committee on Banking and tion Campaign Act of 1971 to prohibit indi- House Oversight. Financial Services. viduals who are not citizens of the United By Mr. SCHUMER (for himself and Mr. By Mr. EHLERS: States from making contributions or expend- NADLER): H.R. 25. A bill to amend the Internal Reve- itures in connection with an election for H.R. 12. A bill to prevent handgun violence nue Code of 1986 to provide that the percent- Federal office; to the Committee on House and illegal commerce in handguns; to the age of completion method of accounting Oversight. Committee on the Judiciary. shall not be required to be used with respect H.R. 35. A bill to provide a more effective By Mr. BASS: to contracts for the manufacture of property remedy for inadequate trade benefits ex- H.R. 13. A bill to amend the Silvio O. Conte if no payments are required to be made be- tended to the United States by other coun- National Fish and Wildlife Refuge Act to fore the completion of the manufacture of tries and for restrictions on free emigration provide that the Secretary of the Interior such property; to the Committee on Ways imposed by other countries; to the Commit- may acquire lands for purposes of that act and Means. tee on Ways and Means. only by donation or exchange, or otherwise By Mr. BARR of Georgia (for himself By Mr. BEREUTER (for himself, Mr. with the consent of owner of the lands; to and Mr. STUMP): BERMAN, Mr. GILMAN, Mr. CRANE, and the Committee on Resources. H.R. 26. A bill to amend title 18, United Mr. MATSUI): By Mr. DREIER (for himself, Ms. States Code, to provide that the firearms H.R. 36. A bill to authorize the extension of MCCARTHY of Missouri, Mr. ENGLISH prohibitions applicable by reason of a domes- nondiscriminatory treatment (most-favored- of Pennsylvania, Mr. MORAN of Vir- tic violence misdemeanor conviction do not nation treatment) to the products of Mongo- ginia, and Mr. HALL of Texas): apply if the conviction occurred before the lia; to the Committee on Ways and Means. H.R. 14. A bill to amend the Internal Reve- prohibitions became law; to the Committee By Mr. BILIRAKIS: nue Code of 1986 to provide maximum rates on the Judiciary. H.R. 37. A bill to amend title 39, United of tax on capital gains of 14 percent for indi- By Mr. BARTLETT of Maryland (for States Code, to exempt veterans’ organiza- viduals and 28 percent for corporations and himself, Mr. BARTON of Texas, Mr. tions from regulations prohibiting the solici- to index the basis of assets of individuals for SOLOMON, Mr. COBLE, Mr. CALLAHAN, tation of contributions on postal property; purposes of determining gains and losses; to Mr. CUNNINGHAM, Mr. CALVERT, Mr. to the Committee on Reform and Oversight. the Committee on Ways and Means. BARCIA of Michigan, Mr. YOUNG of By Mr. YOUNG of Alaska (for himself By Mr. THOMAS (for himself, Mr. BILI- Alaska, Mr. DOOLITTLE, Mr. STUMP, and Mr. CUNNINGHAM): RAKIS, and Mr. CARDIN): Mr. COLLINS, Mrs. CHENOWETH, Mr. H.R. 39. A bill to reauthorize the African H.R. 15. A bill to amend the title XVIII of COBURN, Mr. CONDIT, Mr. BURTON of Elephant Conservation Act; to the Commit- the Social Security Act to improve preven- Indiana, and Mr. HOLDEN): tee on Resources. H68 CONGRESSIONAL RECORD — HOUSE January 7, 1997 By Mr. BILIRAKIS (for himself and Mr. fall within the jurisdiction of the committee tory care facility in Brookhaven, NY; to the NORWOOD): concerned. Committee on Veterans’ Affairs. H.R. 38. A bill to provide a minimum survi- H.R. 47. A bill to make Members of Con- By Mr. FROST: vor annuity for the unremarried surviving gress ineligible to participate in the Federal H.R. 57. A bill to amend the Federal Credit spouses of retired members of the Armed Employees’ Retirement System; to the Com- Union Act to clarify that residents of certain Forces who died before having an oppor- mittee on Government Reform and Over- neighborhoods which are underserved by de- tunity to participate in the survivor benefit sight, and in addition to the Committee on pository institutions may become members plan; to the Committee on National Secu- House Oversight, for a period to be subse- of any Federal credit union which estab- rity. quently determined by the Speaker, in each lishes a branch in such neighborhood; to the By Mr. CONYERS (for himself, Mr. case for consideration of such provisions as Committee on Banking and Financial Serv- FATTAH, Mr. FOGLIETTA, Mr. HAST- fall within the jurisdiction of the committee ices. INGS of Florida, Mr. HILLIARD, Mr. concerned. By Ms. FURSE (for herself, Mr. JEFFERSON, Ms. EDDIE BERNICE JOHN- H.R. 48. A bill to limit the duration of cer- NETHERCUTT, Mr. ACKERMAN, Mr. SON of Texas, Mrs. MEEK of Florida, tain benefits afforded to former Presidents, YATES, Mr. WOLF, Mr. ANDREWS, Mr. Mr. OWENS, Mr. RUSH, and Mr. and for other purposes; to the Committee on BALDACCI, Mr. PETRI, Mr. TOWNS): the Judiciary, and in addition to the Com- BLUMENAUER, Mr. BONIOR, Ms. H.R. 40. A bill to acknowledge the fun- mittee on Government Reform and Over- PELOSI, Mr. SCHIFF, Mr. WATT of damental injustice, cruelty, brutality, and sight, for a period to be subsequently deter- North Carolina, Mr. UNDERWOOD, Mr. inhumanity of slavery in the United States mined by the Speaker, in each case for con- CARDIN, Mr. CLAY, Ms. DELAURO, Mr. and the 13 American colonies between 1619 sideration of such provisions as fall within FAZIO of California, Mr. LAFALCE, and 1865 and to establish a commission to ex- the jurisdiction of the committee concerned. Mrs. MALONEY of New York, Mrs. amine the institution of slavery, subsequent By Mr. CONDIT: MINK of Hawaii, Mr. RAHALL, Mr. de jure and de facto racial and economic dis- H.R. 49. A bill to amend title 39, United SABO, Mr. MARTINEZ, Mr. MASCARA, crimination against African-Americans, and States Code, to prevent the U.S. Postal Serv- Mr. GEPHARDT, Mr. GEJDENSON, Mr. the impact of these forces on living African- ice from disclosing the name or addresses of WAMP, Mr. DEFAZIO, Ms. HOOLEY of Americans, to make recommendations to the any postal patrons or other persons, except Oregon, Mr. DINGELL, Mr. BEREUTER, Congress on appropriate remedies, and for under certain conditions; to the Committee Mr. BOUCHER, Mr. DAVIS of Virginia, other purposes; to the Committee on the Ju- on Government Reform and Oversight. Mr. DEAL of Georgia, Mr. WAXMAN, diciary. H.R. 50. A bill to provide for the operation Mr. WYNN, Mr. SKEEN, Mr. SAWYER, By Mr. GINGRICH: of a combined post exchange and commissary Mr. RUSH, Ms. ESHOO, Mr. NEY, Mr. H.R. 41. A bill to provide a sentence of store at Castle Air Force Base, CA, a mili- RAMSTAD, Mrs. KENNELLY of Con- death for certain importations of significant tary installation selected for closure under necticut, Mr. GREEN, Mr. BROWN of quantities of controlled substances; to the the base closure laws, in order to ensure that Ohio, Mr. PALLONE, Ms. PRYCE of Committee on the Judiciary, and in addition adequate services remain available to the Ohio, Mr. POMEROY, Mr. SERRANO, to the Committee on Commerce, for a period numerous members of the Armed Forces, re- Mr. ENGEL, Mr. MARKEY, Mr. MAN- to be subsequently determined by the Speak- tired members, and their dependents who re- TON, Mr. WATTS of Oklahoma, Mr. er, in each case for consideration of such pro- side in the vicinity of the installation; to the STUPAK, Mr. STARK, Mr. TOWNS, Mr. visions as fall within the jurisdiction of the Committee on National Security. GORDON, Mrs. MORELLA, Mr. KLINK, committee concerned. H.R. 51. A bill to amend title 10, United Mr. CONDIT, Mr. DEUTSCH, Mrs. By Mr. BILIRAKIS: States Code, to provide that persons retiring MYRICK, Ms. SLAUGHTER, Mr. H.R. 42. A bill to amend the Internal Reve- from the Armed Forces shall be entitled to MCKEON, Mr. HALL of Ohio, Mr. HAM- nue Code of 1986 to provide a tax credit to all benefits which were promised them when ILTON, Ms. EDDIE BERNICE JOHNSON of any employer who employs a member of the they entered the Armed Forces; to the Com- Texas, Mr. BARRETT of Wisconsin, Ready Reserve or of the National Guard for mittee on National Security. and Mr. KILDEE): a portion of the value of the service not per- H.R. 52. A bill to establish a code of fair in- H.R. 58. A bill to amend title XVIII of the formed for the employer while the employee formation practices for health information, Social Security Act to improve Medicare is performing service as such a member; to to amend section 552a of title 5, United treatment and education for beneficiaries with diabetes by providing coverage of diabe- the Committee on Ways and Means. States Code, and for other purposes; to the H.R. 43. A bill to amend the Internal Reve- Committee on Commerce, and in addition to tes outpatient self-management training services and uniform coverage of blood-test- nue Code of 1986 to provide a tax credit to the Committees on Government Reform and ing strips for individuals with diabetes; to any employer who employs a member of the Oversight, and the Judiciary, for a period to the Committee on Commerce, and in addi- Ready Reserve or of the National Guard for be subsequently determined by the Speaker, tion to the Committee on Ways and Means, a portion of the compensation paid by the in each case for consideration of such provi- for a period to be subsequently determined employer while the employee is performing sions as fall within the jurisdiction of the by the Speaker, in each case for consider- service as such a member; to the Committee committee concerned. ation of such provisions as fall within the ju- on Ways and Means. By Ms. ESHOO (for herself, Mr. ROTH- risdiction of the committee concerned. H.R. 44. A bill to amend title 10, United MAN, Mr. FARR of California, Mr. By Mr. GOODLATTE (for himself, Mr. States Code, to provide limited authority for UNDERWOOD, Mr. HASTINGS of Florida, DICKEY, Mr. HAYWORTH, Mr. LARGENT, concurrent payment of retired pay and veter- Mr. KENNEDY of Rhode Island, Mr. Mr. DAVIS of Virginia, Mr. STUMP, ans’ disability compensation for certain dis- FROST, Ms. NORTON, Mr. MENENDEZ, Mr. MILLER of Florida, Mr. TAYLOR of abled veterans; to the Committee on Na- and Ms. JACKSON-LEE): North Carolina, Mr. BARRETT of Ne- tional Security, and in addition to the Com- H.R. 53. A bill to amend the Internal Reve- braska, Mr. LINDER, Mr. CUNNINGHAM, mittee on Veterans’ Affairs, for a period to nue Code of 1986 to establish a Higher Edu- Mr. BURR of North Carolina, Mr. BLI- be subsequently determined by the Speaker, cation Accumulation Program [HEAP] under LEY, Mr. BARTON of Texas, Mr. in each case for consideration of such provi- which individuals are allowed a deduction SCARBOROUGH, Mr. HANSEN, Mr. CAL- sions as fall within the jurisdiction of the for contributions to HEAP accounts; to the VERT, Mrs. MYRICK, Mr. BONILLA, Mr. committee concerned. Committee on Ways and Means. MCKEON, Mr. BALLENGER, Mr. ISTOOK, By Mr. CLEMENT: By Mr. FARR of California (for him- H.R. 45. A bill to amend title II of the So- and Mr. GRAHAM): self, Mr. CAMPBELL, Ms. ESHOO, Mr. H.R. 59. A bill to preserve and protect the cial Security Act to provide for an improved RIGGS, Mr. FAZIO of California, Mr. free choice of individual employees to form, benefit computation formula for workers CUNNINGHAM, Mr. LANTOS, and Ms. join, or assist labor organizations, or to re- who attain age 65 in or after 1982 and to LOFGREN): frain from such activities; to the Committee whom applies the 15-year period of transition H.R. 54. A bill to amend the Andean Trade on Education and the Workforce, and in ad- to the changes in benefit computation rules Preference Act to prohibit the provision of dition to the Committee on Transportation enacted in the Social Security Amendments duty-free treatment under the act for live and Infrastructure, for a period to be subse- of 1977 and related beneficiaries and to pro- plants and fresh cut flowers described in quently determined by the Speaker, in each vide prospectively for increases in their ben- chapter 6 of the Harmonized Tariff Schedule case for consideration of such provisions as efits accordingly; to the Committee on Ways of the United States; to the Committee on fall within the jurisdiction of the committee and Means. Ways and Means. concerned. By Mr. COBLE: By Mr. FORBES: By Mr. HAYWORTH: H.R. 46. A bill to repeal the provision of H.R. 55. A bill to amend the Marine Protec- H.R. 60. A bill to authorize the Secretary of law under which pay for Members of Con- tion, Research, and Sanctuaries Act of 1972 the Interior to provide assistance to the Casa gress is automatically adjusted; to the Com- relating to the dumping of dredged material Malpais National Historic Landmark in mittee on Government Reform and Over- in Long Island Sound, and for other pur- Springerville, AZ; to the Committee on Re- sight, and in addition to the Committee on poses; to the Committee on Transportation sources. House Oversight, for a period to be subse- and Infrastructure. By Mr. HERGER: quently determined by the Speaker, in each H.R. 56. A bill to authorize establishment H.R. 61. A bill to direct the Secretary of case for consideration of such provisions as of a Department of Veterans Affairs ambula- Agriculture to assure that the operations of January 7, 1997 CONGRESSIONAL RECORD — HOUSE H69 the Forest Service are free of racial, sexual, of a computer program in connection with in South Bend, IN, as the ‘‘Robert K. and ethnic discrimination; to the Committee the maintenance or repair of a computer; to Rodibaugh United States Bankruptcy Court- on Agriculture. the Committee on the Judiciary. house’’; to the Committee on Transportation H.R. 62. A bill to provide relief to State H.R. 73. A bill to amend section 101 of title and Infrastructure. and local governments from Federal regula- 11 of the United States Code to modify the By Mr. SCHUMER (for himself and Ms. tion; to the Committee on Government Re- definition of single asset real estate and to SLAUGHTER): form and Oversight. make technical corrections; to the Commit- H.R. 82. A bill to amend the Internal Reve- H.R. 63. A bill to designate the reservoir tee on the Judiciary. nue Code of 1986 to make higher education created by Trinity Dam in the Central Val- By Mr. LEWIS of Georgia (for himself, more affordable by providing tax benefits to ley project, CA, as Trinity Lake; to the Com- Mr. MORAN of Virginia, Ms. NORTON, individuals who save for, or pay for, higher mittee on Resources. Mr. FRANK of Massachusetts, Mr. education; to the Committee on Ways and By Mr. HERGER (for himself and Ms. ACKERMAN, Mr. FOGLIETTA, Mr. CON- Means. DUNN of Washington): YERS, Mr. TOWNS, Ms. PELOSI, Mr. By Mr. SCHUMER: H.R. 64. A bill to amend the Internal Reve- FLAKE, Mr. HALL of Ohio, Mr. OBER- H.R. 83. A bill to enhance and protect re- nue Code of 1986 to provide an inflation ad- STAR, Mr. FAZIO of California, Mr. tirement savings; to the Committee on Ways justment for the amount of the maximum KENNEDY of Massachusetts, Mr. GON- and Means, and in addition to the Committee benefit under the special estate tax valu- ZALEZ, and Mr. SHAYS): on Education and the Workforce, for a period ation rules for certain farm, and so forth, H.R. 74. A bill to protect the voting rights to be subsequently determined by the Speak- real property; to the Committee on Ways and of homeless citizens; to the Committee on er, in each case for consideration of such pro- Means. the Judiciary. visions as fall within the jurisdiction of the By Mr. BILIRAKIS (for himself and Mr. By Ms. MCCARTHY of Missouri (for committee concerned. NORWOOD): herself, Mr. FAZIO of California, Mr. By Ms. SLAUGHTER: H.R. 65. A bill to amend title 10, United FROST, Mr. LUTHER, Ms. LOFGREN, H.R. 84. A bill to amend the Communica- States Code, to permit retired members of Mr. MASCARA, Ms. RIVERS, Ms. KAP- tions Act of 1934 to require radio and tele- the Armed Forces who have a service-con- TUR, Mr. PALLONE, Mr. CUMMINGS, vision broadcasters to provide free broad- nected disability to receive military retired Mr. DOYLE, Mrs. KENNELLY of Con- casting time for political advertising; to the pay concurrently with veterans’ disability necticut, Mr. BLUMENAUER, Mr. KEN- Committee on Commerce. compensation; to the Committee on National NEDY of Rhode Island, Mr. DOOLEY of H.R. 85. A bill to improve the regulation of Security. California, Mr. FATTAH, Mr. JACKSON, explosives and explosive materials, and to By Mr. COBURN (for himself and Mr. Ms. MILLENDER-MCDONALD, Mr. BOS- prevent the use of explosives against persons BROWN of Ohio): WELL, and Ms. JACKSON-LEE): and the unlawful use of explosives against H.R. 66. A bill to amend title XVIII of the H.R. 75. A bill to establish the National property; to the Committee on the Judici- Social Security Act to provide protections Commission on the Long-Term Solvency of ary. for Medicare beneficiaries who enroll in Med- the Medicare Program; to the Committee on By Mr. SMITH of Michigan (for him- icare managed care plans; to the Committee Ways and Means, and in addition to the Com- self, Mr. SMITH of Oregon, Mr. STEN- on Ways and Means, and in addition to the mittees on Commerce, and Rules, for a pe- HOLM, Mr. SKEEN, Mr. BARCIA, Mr. Committee on Commerce, for a period to be riod to be subsequently determined by the BARRETT of Wisconsin, Mr. BOEHNER, subsequently determined by the Speaker, in Speaker, in each case for consideration of Mr. CAMP, Mr. EVANS, Mr. each case for consideration of such provi- such provisions as fall within the jurisdic- HOSTETTLER, Mr. NORWOOD, Mr. sions as fall within the jurisdiction of the tion of the committee concerned. POMEROY, Ms. STABENOW, Mr. COM- committee concerned. By Mr. MORAN of Virginia (for him- BEST, Mr. MCHUGH, Mr. WELLER, Mr. By Mr. HERGER: self, Mr. WATTS of Oklahoma, Mr. SOLOMON, Mr. POMBO, Mr. BOSWELL, H.R. 67. A bill to amend the Internal Reve- HEFNER, and Mr. DEAL of Georgia): Mr. CHAMBLISS, Mr. LATHAM, Mr. nue Code of 1986 to allow a credit or refund H.R. 76. A bill to amend title 10, United BLUNT, and Mr. PETERSON of Min- of motor fuel excise taxes on fuel used by the States Code, to permit covered beneficiaries nesota): motor of a highway vehicle to operate cer- under the military health care system who H.R. 86. A bill to amend the Internal Reve- tain power takeoff equipment on such vehi- are also entitled to Medicare to enroll in the nue Code of 1986 to allow farmers to income cle; to the Committee on Ways and Means. Federal Employee Health Benefits Program; average over 2 years; to the Committee on By Mr. HOLDEN (for himself, Mr. BE- to the Committee on National Security, and Ways and Means. REUTER, Mr. BORSKI, Mr. BOUCHER, in addition to the Committee on Government By Mr. SOLOMON: Ms. BROWN of Florida, Mr. CONDIT, Reform and Oversight, for a period to be sub- H.R. 87. A bill to oppose the provision of Mr. DEFAZIO, Mr. DELLUMS, Mr. sequently determined by the Speaker, in assistance to the People’s Republic of China EVANS, Mr. FROST, Mr. GREEN, Ms. each case for consideration of such provi- by any international financial institution; to EDDIE BERNICE JOHNSON of Texas, Mr. sions as fall within the jurisdiction of the the Committee on Banking and Financial LEWIS of Georgia, Ms. MCKINNEY, Mr. committee concerned. Services. STUPAK, Mr. OWENS, and Mr. SMITH of By Mr. POMEROY: H.R. 88. A bill to suspend Federal edu- New Jersey): H.R. 77. A bill to amend the Federal Elec- cation benefits to individuals convicted of H.R. 68. A bill to amend title II of the So- tion Campaign Act of 1971 to limit expendi- drug offenses; to the Committee on Edu- cial Security Act to provide that a monthly tures in House of Representatives elections; cation and the Workforce. insurance benefit thereunder shall be paid to the Committee on House Oversight. H.R. 89. A bill to require preemployment for the month in which the recipient dies, By Mr. REGULA: drug testing with respect to applicants for subject to a reduction of 50 percent if the re- H.R. 78. A bill to assess the impact of the Federal employment; to the Committee on cipient dies during the first 15 days of such NAFTA, to require further negotiation of Government Reform and Oversight. month, and for other purposes; to the Com- certain provisions of the NAFTA, to estab- H.R. 90. A bill to require random drug test- mittee on Ways and Means. lish a commission to review the dispute set- ing within the executive branch of the Gov- By Mr. HOLDEN: tlement reports of the World Trade Organiza- ernment; to the Committee on Government H.R. 69. A bill to amend the Internal Reve- tion, and for other purposes; to the Commit- Reform and Oversight. nue Code of 1986 to increase to 100 percent tee on Ways and Means, and in addition to H.R. 91. A bill to amend the Omnibus the amount of the deduction for the health the Committee on Rules, for a period to be Crime Control and Safe Streets Act of 1968 to insurance costs of self-employed individuals; subsequently determined by the Speaker, in reduce funding if States do not enact legisla- to the Committee on Ways and Means. each case for consideration of such provi- tion that requires the death penalty in cer- By Mr. INGLIS of South Carolina (for sions as fall within the jurisdiction of the tain cases; to the Committee on the Judici- himself and Mr. SANFORD): committee concerned. ary. H.R. 70. A bill to amend the Federal Elec- By Mr. RIGGS: H.R. 92. A bill to require random drug test- tion Campaign Act of 1971 to prohibit multi- H.R. 79. A bill to provide for the convey- ing of Federal judicial branch officers and candidate political committee contributions ance of certain land in the Six Rivers Na- employees; to the Committee on the Judici- and expenditures in elections for Federal of- tional Forest in the State of California for ary. fice; to the Committee on House Oversight. the benefit of the Hoopa Valley Tribe; to the H.R. 93. A bill to prohibit the importation By Mr. KNOLLENBERG: Committee on Resources. of foreign-made flags of the United States of H.R. 71. A bill to amend the Fair Labor By Mr. ROEMER: America; to the Committee on Ways and Standards Act of 1938 to exempt from the H.R. 80. A bill to require the return of ex- Means. minimum wage and overtime requirements cess amounts from the representational al- By Mr. BATEMAN: individuals who volunteer their time in order lowances of Members of the House of Rep- H.R. 94. A bill to amend the Fair Labor to enhance their occupational opportunities; resentatives to the Treasury for deficit re- Standards Act of 1938 to provide an exemp- to the Committee on Education and the duction; to the Committee on House Over- tion from overtime compensation for fire- Workforce. sight. fighters and rescue squad members who vol- H.R. 72. A bill to amend title 17, United H.R. 81. A bill to designate the U.S. court- unteer their services; to the Committee on States Code, to allow the making of a copy house located at 401 South Michigan Street Education and the Workforce. H70 CONGRESSIONAL RECORD — HOUSE January 7, 1997 By Mr. SOLOMON: By Mr. BOEHNER: 2. Also, memorial of the Senate of the H.R. 95. A bill to ensure that Federal agen- H. Res. 1. Resolution electing officers of State of California, relative to the aircraft cies establish the appropriate procedures for the House of Representatives; considered and carrier U.S.S. Hornet (CV–12); to the Commit- assessing whether or not Federal regulations agreed to. tee on National Security. might result in the taking of private prop- By Mr. ARMEY: 3. Also, memorial of the General Assembly erty, and to direct the Secretary of Agri- H. Res. 2. Resolution electing officers of of the State of New Jersey, relative to me- culture to report to the Congress with re- the House of Representatives; considered and morializing the President and Congress of spect to such takings under programs of the agreed to. the United States to require the Federal Department of Agriculture; to the Commit- H. Res. 3. Resolution authorizing the Communications Commission to approve the tee on the Judiciary, and in addition to the Speaker to appoint a committee to notify assignment of new area codes specifically Committee on Agriculture, for a period to be the President of the assembly of the Con- designated for facsimile machines, modems, subsequently determined by the Speaker, in gress; considered and agreed to. cellular phones, and pagers; to the Commit- each case for consideration of such provi- H. Res. 4. Resolution authorizing the Clerk tee on Commerce. sions as fall within the jurisdiction of the to inform the President of the election of the 4. Also, memorial of the Senate of the committee concerned. Speaker and the Clerk; considered and Commonwealth of Pennsylvania, relative to H.R. 96. A bill to provide regulatory assist- agreed to. Senate Resolution No. 154 urging the Presi- ance for small business concerns, and for H. Res. 5. Resolution adopting the Rules of dent of the United States and Congress to other purposes; to the Committee on Small the House for the 105th Congress; considered support establishment of a timetable for the Business, and in addition to the Committee and agreed to. admission of the Republic of Poland to the on Government Reform and Oversight, for a By Mr. GEPHARDT: North Atlantic Treaty Organization; to the period to be subsequently determined by the H. Res. 6. Resolution providing for the des- Committee on International Relations. Speaker, in each case for consideration of ignation of certain minority employees; con- 5. Also, memorial of the General Assembly such provisions as fall within the jurisdic- sidered and agreed to. of the State of New Jersey, relative to urg- tion of the committee concerned. By Mr. BOEHNER: ing the President and Congress of the United By Mr. UPTON: H. Res. 7. Resolution establishing the Cor- States to support the admission of the Re- public of Poland to the North Atlantic Trea- H.R. 97. A bill to amend section 207 of title rections Day Calendar Office; considered and ty Organization; to the Committee on Inter- 18, United States Code, to prohibit Members agreed to. national Relations. of Congress after leaving office from rep- By Mr. SOLOMON: 6. Also, memorial of the Senate of the resenting foreign governments before the H. Res. 8. Resolution providing for the at- State of California, relative to resolution of U.S. Government; to the Committee on the tendance of the House at the inaugural cere- the conflict in Liberia; to the Committee on Judiciary. monies of the President and Vice President By Mr. VENTO: of the United States; considered and agreed International Relations. to. 7. Also, memorial of the Senate of the H.R. 98. A bill to regulate the use by inter- H. Res. 9. Resolution fixing the daily hour State of California, relative to a cure breast active computer services of personally iden- of meeting for the 105th Congress; considered cancer postal stamp donation program; to tifiable information provided by subscribers and agreed to. the Committee on Government Reform and to such services; to the Committee on Com- By Mr. GEPHARDT: Oversight. merce. H. Res. 10. Resolution authorizing the 8. Also, memorial of Senate of the North- By Mr. WHITE (for himself and Mr. Speaker’s designee to administer the oath of ern Marianas Commonwealth Legislature of HORN): office to Representative-elect Frank Tejeda; the Mariana Islands, relative to Senate Joint H.R. 99. A bill to establish a temporary considered and agreed to. Resolution No. 10–7 requesting the U.S. commission to recommend reforms in the H. Res. 11. Resolution authorizing the House of Representatives to convey nonvot- laws relating to elections for Federal office; Speaker’s designee to administer the oath of ing delegate status to the Commonwealth of to the Committee on House Oversight, and in office to Representative-elect Julia Carson; the Northern Mariana Islands; to the Com- addition to the Committee on Rules, for a considered and agreed to. mittee on Resources. period to be subsequently determined by the By Mr. BOEHNER: 9. Also, memorial of the Senate of the Speaker, in each case for consideration of H. Res. 12. Resolution designating majority State of California, relative to school lands; such provisions as fall within the jurisdic- membership on certain standing committees jointly, to the Committees on National Secu- tion of the committee concerned. of the House; considered and agreed to. rity and Commerce. By Mr. UNDERWOOD (for himself, Mr. By Mr. FAZIO of California: ABERCROMBIE, Mr. BONIER, Mr. CLAY, f H. Res. 13. Resolution designating minor- Mr. DELLUMS, Mr. EVANS, Mr. ity membership on certain standing commit- FALEOMAVAEGA, Mr. GONZALEZ, Ms. PETITIONS, ETC. tees of the House; considered and agreed to. CHRISTIAN-GREEN, Mr. HINCHEY, Mr. Under clause 1 of rule XXII, petitions HOLDEN, Mr. LAFALCE, Mr. LEWIS of H. Res. 14. Resolution electing Representa- Georgia, Mr. MARTINEZ, Ms. MCKIN- tive SANDERS of Vermont to the Committees and papers were laid on the Clerk’s NEY, Mrs. MEEK of Florida, Mr. on Banking and Financial Services and Gov- desk and referred as follows: NADLER, Ms. NORTON, Mr. PASTOR, ernment Reform and Oversight; considered 1. By the SPEAKER: Petition of Maria Mr. ROMERO-BARCELO, Mr. TORRES, and agreed to. Luisa Costell Gaydos, petitioner, relative to Mr. TOWNS, and Mr. YATES): f articles of impeachment against Carol Los Mansmann, circuit judge, U.S. Court of Ap- H.R. 100. A bill to establish the Common- Under clause 4 of rule XXII, memori- wealth of Guam, and for other purposes; to peals—Third Circuit; to the Committee on the Committee on Resources, and in addition als were presented and referred as fol- the Judiciary. to the Committee on Ways and Means, for a lows: 2. Also, petition of Cecil Ray Taylor, U.S. period to be subsequently determined by the 1. By the SPEAKER: Memorial of the Sen- citizen and petitioner, relative to complaint Speaker, in each case for consideration of ate of the State of California, relative to the on military involvement in misprision of such provisions as fall within the jurisdic- compensation of retired military personnel; treason and other criminal acts; to the Com- tion of the committee concerned. to the Committee on National Security. mittee on the Judiciary. January 7, 1997 CONGRESSIONAL RECORD — HOUSE H71 PROCEEDINGS OF THE HOUSE AFTER SINE DIE AD- JOURNMENT OF THE 104TH CONGRESS 2D SES- SION AND FOLLOWING PUBLICATION OF THE FINAL EDITION OF THE CONGRESSIONAL RECORD OF THE 104TH CONGRESS

APPOINTMENTS BY THE SPEAKER the subpoena is consistent with the privi- CONGRESS OF THE UNITED STATES, AFTER SINE DIE ADJOURNMENT leges and precedents of the House. HOUSE OF REPRESENTATIVES, Sincerely, Washington, DC, November 19, 1996. Pursuant to the provisions of section ROBIN H. CARLE. Hon. SHARON PRIEST, 3(b)(1)(B) of Public Law 104–169, and Secretary of State, The Capitol, Little Rock, AR section 7 of House Resolution 546, 104th OFFICE OF THE CLERK, DEAR MADAM SECRETARY: Pursuant to the Congress, authorizing the Speaker and U.S. HOUSE OF REPRESENTATIVES, results of the general election of November 5, the minority leader to appoint com- Washington, DC, December 2, 1996. 1996, I will be taking office as an Associate missions, boards, and committees au- Hon. NEWT GINGRICH, Justice of the Arkansas Supreme Court on The Speaker, January 1, 1997. I therefore hereby submit thorized by law or by the House, the U.S. House of Representatives, my resignation as Arkansas second district Speaker on October 28, 1996, appointed Washington, DC. Representative in the United States Con- the following members to the National DEAR MR. SPEAKER: I have the honor to gress to you effective at noon on January 1, Gambling Impact and Policy Commis- transmit herewith a copy of the original Cer- 1997. Until that time I will continue to carry sion on the part of the House: Ms. Kay tificate of Election received from the Honor- out my duties as your Congressman. Coles James, Virginia; and Mr. J. Ter- able Ron Thornburgh, Secretary of State, Best personal regards, rence Lanni, Nevada. State of Kansas, indicating that, according RAY THORNTON. to the results of the General Election held on RESIGNATION FROM THE HOUSE OF f November 5, 1996, and pursuant to K.S.A. 25– REPRESENTATIVES 3503(d), which states, ‘‘In the event that any Mr. BROWNBACK submitted the fol- ENROLLED BILL SIGNED AFTER vacancy occurs . . . on or after the date of lowing resignation from the House of SINE DIE ADJOURNMENT any general election of state officers and be- fore the term of office in which the vacancy Representatives: Mr. THOMAS, from the Committee has occurred expires, votes cast for the office CONGRESS OF THE UNITED STATES, on House Administration, reported of congressman in the district in which such HOUSE OF REPRESENTATIVES, that that committee had examined and vacancy occurs shall be deemed to have been Washington, DC, November 26, 1996. found truly enrolled a bill of the House cast to fill such vacancy for the unexpired Hon. NEWT GINGRICH, of the following title, which was there- term, as well as for election for the next reg- Speaker of the House of Representatives, upon signed on October 23, 1996, by the ular term,’’ the Honorable Jim Ryun was H232 The Capitol, Washington, DC. elected to the office of Representative in DEAR NEWT: Attached please find a copy of Speaker pro tempore [Mrs. MORELLA]: Congress, from the Second Congressional the letter I have sent to Kansas Governor H.R. 4236. An act to provide for the admin- District, State of Kansas. Bill Graves informing him that I am resign- istration of certain Presidio properties at With warm regards, ing from the House of Representatives effec- minimal cost to the Federal taxpayer, and ROBIN H. CARLE. tive at 12:00 p.m. central time on Wednesday, for other purposes. COMMUNICATION FROM THE CLERK OF THE November 27th, 1996. COMMUNICATION FROM THE CLERK OF THE HOUSE It has been an honor and a privilege to HOUSE OFFICE OF THE CLERK, serve with you in the House of Representa- OFFICE OF THE CLERK, U.S. HOUSE OF REPRESENTATIVES, tives. We enacted reforms during the 104th U.S. HOUSE OF REPRESENTATIVES, Washington, DC, December 2, 1996. Congress that has moved this country in the Washington, DC, January 6, 1997. Hon. NEWT GINGRICH, right direction. I look forward to continuing Hon. NEWT GINGRICH, The Speaker to work with you to balance the federal The Speaker, U.S. House of Representatives, budget, reduce the size, scope, and intrusive- U.S. House of Representatives, Washington, DC. ness of the federal government, and restore Washington, DC. DEAR MR. SPEAKER: I have the honor to the American Dream. DEAR MR. SPEAKER: Pursuant to the per- transmit herewith a copy of the original Cer- Sincerely, mission granted in Clause 5 of Rule III of the tificate of Election received from the Honor- SAM BROWNBACK, Rules of the U.S. House of Representatives, able Rebecca McDowell Cook, Secretary of Member of Congress. the Clerk received the following messages State, State of Missouri, indicating that, ac- from the Secretary of the Senate on Monday, cording to the results of the Special Election CONGRESS OF THE UNITED STATES, January 6, 1997 at 2:06 p.m.: held on November 5, 1996, the Honorable Jo HOUSE OF REPRESENTATIVES, That the Senate failed of passage (veto Ann Emerson was elected to the office of Washington, DC, November 25, 1996. message) H.R. 1833. Representative in Congress, from the Eighth Governor BILL GRAVES, With warm regards, Congressional District, State of Missouri. State Capitol, Topeka, KS. ROBIN H. CARLE, Clerk, With warm regards, DEAR GOVERNOR GRAVES: For the past two U.S. House of Representatives. ROBIN H. CARLE. years, it has been my privilege to serve the RESIGNATION FROM THE HOUSE OF people of Kansas’ Second District as their COMMUNICATION FROM THE CLERK OF THE elected Representative in the U.S. Congress. HOUSE REPRESENTATIVES Mr. THORNTON submitted the fol- It has been an eventful tenure. OFFICE OF THE CLERK, These are remarkable times, and public U.S. HOUSE OF REPRESENTATIVES, lowing resignation from the House of servants have a tremendous opportunity and Washington, DC, December 30, 1996. Representatives: responsibility for making America a better Hon. NEWT GINGRICH, CONGRESS OF THE UNITED STATES, place. Speaker of the House, HOUSE OF REPRESENTATIVES, There is much work to be done, and the U.S. House of Representatives, Washington, DC, November 14, 1996. people rightly expect that we will begin it in Washington, DC. Hon. NEWT GINGRICH, earnest. Toward that end, I am scheduled to DEAR MR. SPEAKER: This is to formally no- Speaker, U.S. House of Representatives, The be sworn in as a U.S. Senator for Kansas at tify you pursuant to Rule L (50) of the Rules Capitol, Washington, DC. 2:00 p.m. central time, Wednesday, November of the House that the Keeper of Records, DEAR MR. SPEAKER: Enclosed herewith 27, 1996. Accordingly, I am resigning my seat Legislative Resource Center, Office of the please find a copy of my letter of resignation in the U.S. House of Representatives effec- Clerk, has been served with a subpoena for as a Member of Congress, effective at noon tive at 12:00 p.m. central time, Wednesday, documents issued by the United States Dis- on January 1, 1997 which I have tendered to November 27, 1996. trict Court for the District of Massachusetts. the appropriate Arkansas State Authority. The work of renewing America is unfin- After consultation with the General Coun- Best personal regards, ished. I see cause for great hope as I believe sel, I have determined that compliance with RAY THORNTON. we are now clearly focused on those very H72 CONGRESSIONAL RECORD — HOUSE January 7, 1997 problems which most confound us. There has cles, and to amend the Fair Labor Standard fiscal year ending September 30, 1997, and for never been a challenge which the American Act of 1938 to increase the minimum wage other purposes. nation recognized clearly and approached rate and to prevent job loss by providing On September 30, 1996: resolutely which we did not overcome. We flexibility to employers in complying with H.J. Res. 197. Joint resolution waiving cer- have cause for great Thanksgiving. minimum wage and overtime requirements tain enrollment requirements with respect Sincerely, under that Act; to any bill or joint resolution of the One SAM BROWNBACK. H.R. 3834. An act to redesignate the Dun- Hundred Fourth Congress making general or COMMUNICATION FROM STAFF MEMBER OF THE ning Post Office in Chicago, Illinois, as the continuing appropriations for the fiscal year HONORABLE ANNA ESHOO ‘‘Roger P. McAuliffe Post Office’’; and 1997; H.R. 3870. An act to authorize the Agency H.R. 3610. An act making omnibus consoli- CONGRESS OF THE UNITED STATES, for International Development to offer vol- dated appropriations for the fiscal year end- HOUSE OF REPRESENTATIVES, untary separation incentive payments to em- ing September 30, 1997, and for other pur- Washington, DC, November 18, 1996. ployees of the agency. poses; Hon. NEWT GINGRICH, On August 21, 1996: H.R. 3675. An act making appropriations Speaker of the House, H.R. 3103. An act to amend the Internal for the Department of Transportation and House of Representatives, Revenue Code of 1986 to improve portability related agencies for the fiscal year ending Washington, DC. and continuity of health insurance coverage September 30, 1997, and for other purposes; DEAR MR. SPEAKER: This is to formally no- in the group and individual markets, to com- and tify you pursuant to Rule L (50) of the Rules bat waste, fraud, and abuse in health insur- H.R. 3816. An act making appropriations of the House that I have been served a sub- ance and health care delivery, to promote for energy and water development for the fis- poena issued by the United States District the use of medical savings accounts, to im- cal year ending September 30, 1997, and for Court for the Eastern District of Michigan. prove access to long-term care services and other purposes. After consultation with the General Coun- coverage, to simplify the administration of On October 1, 1996: sel, I will make the determination required health insurance and for other purposes; and H.J. Res. 191. Joint resolution to confer by Rule L. H.R. 3680. An act to amend title 18, United honorary citizenship of the United States on Sincerely, States Code, to carry out the international Agnes Gonxha Bojaxhiu, also known as CAROL D. RICHARDSON. obligations of the United States, under the Mother Teresa; Geneva Conventions to provide criminal pen- H.R. 1772. An act to authorize the Sec- COMMUNICATION FROM STAFF MEMBER OF THE alties for certain war crimes. retary of the Interior to acquire certain in- HONORABLE BOBBY RUSH On August 22, 1996: terests in the Waihee Marsh for inclusion in CONGRESS OF THE UNITED STATES, H.R. 3734. An act to provide for reconcili- the Oahu National Wildlife Refuge Complex; HOUSE OF REPRESENTATIVES, ation pursuant to section 201(a)(1) of the con- H.R. 2428. An act to encourage the dona- Washington, DC, November 12, 1996. current resolution on the budget for fiscal tion of food and grocery products to non- Hon. NEWT GINGRICH, year 1997. profit organizations for distribution to needy Speaker of the House, On September 9, 1996: individuals by giving the Model Good Samar- House of Representatives, H.R. 3845. An act making appropriations itan Food Donation Act the full force and ef- Washington, DC. for the government of the District of Colum- fect of law; DEAR MR. SPEAKER: This is to formally no- bia and other activities chargeable in whole H.R. 2464. An act to amend Public Law 103– tify you pursuant to Rule L (50) of the Rules or in part against the revenues of said Dis- 93 to provide additional lands within the of the House that I have been served with a trict for the fiscal year ending September 30, State of Utah for the Goshute Indian Res- subpoena issued by the Municipal Court of 1997, and for other purposes. ervation, and for other purposes; the State of California, County of San On September 16, 1996: H.R. 2512. An act to provide for certain Mateo, South San Francisco Branch. H.R. 3269. An act to amend the Impact Aid benefits of the Pick-Sloan Missouri River After consultation with the General Coun- program to provide for a hold-harmless with basin program to the Crow Creek Sioux sel, I have determined that compliance with respect to amounts for payments relating to Tribe, and for other purposes; the subpoena is consistent with the privi- the Federal acquisition of real property, and H.R. 2679. An act to revise the boundary of leges and precedents of the House. for other purposes. the North Platte National Wildlife Refuge, Sincerely, H.R. 3517. An act making appropriations to expand the Pettaquamscutt Cove National ANNE REAM, for military construction, family housing, Wildlife Refuge, and for other purposes; Field Representative. and base realignment and closure for the De- H.R. 2982. An act to direct the Secretary of f partment of defense for the fiscal year end- the Interior to convey the Carbon Hill Na- ing September 30, 1997, and for other pur- tional Fish Hatchery to the State of Ala- HOUSE BILLS AND JOINT RESOLU- poses. bama; TION APPROVED BY THE PRESI- H.R. 3754. An act making appropriations H.R. 3120. An act to amend title 18, United DENT for the Legislative Branch for the fiscal year States Code, with respect to witness retalia- ending September 30, 1997, and for other pur- tion, witness tampering and jury tampering; The President, subsequent to the sine poses. H.R. 3287. An act to direct the Secretary of die adjournment of the 2d session, 104th On September 18, 1996: the Interior to convey the Crawford National Congress, notified the Clerk of the H.R. 740. An act to confer jurisdiction on Fish Hatchery to the city of Crawford, Ne- House that on the following dates he the United States Court of Federal Claims braska; had approved and signed bills and joint with respect to land claims of Pueblo of H.R. 3553. An act to amend the Federal resolutions of the following titles: Isleta Indian Tribe. Trade Commission Act to authorize appro- On September 21, 1996: priations for the Federal Trade Commission; On August 13, 1996: H.R. 3396. An act to define and protect the and H.R. 1975. An act to improve the manage- institution of marriage. H.R. 3676. An act to amend title 18, United ment of royalties from Federal and Outer On September 22, 1996: States Code, to clarify the intent of Congress Continental Shelf oil and gas leases, and for H.R. 4018. An act to make technical correc- with respect to the Federal carjacking prohi- other purposes. tions in the Federal Oil and Gas Royalty bition. On August 20, 1996: Management Act of 1982. On October 2, 1996: H.R. 2739. An act to provide for a represen- On September 23, 1996: H.R. 2366. An act to repeal an unnecessary tational allowance for Members of the House H.R. 3230. An act to authorize appropria- medical device reporting requirement; of Representatives, to make technical and tions for fiscal year 1997 for military activi- H.R. 2504. An act to designate the Federal conforming changes to sundry provisions of ties of the Department of Defense, for mili- Building located at the corner of Patton Av- law in consequence of administrative re- tary construction, and for defense activities enue and Otis Street, and the United States forms in the House of Representatives, and of the Department of Energy, to prescribe courthouse located on Otis Street, in Ashe- for other purposes; personnel strengths for such fiscal year for ville, North Carolina, as the ‘‘Veach-Baley H.R. 3139. An act to redesignate the United the Armed Forces, and for other purposes. Federal Complex’’; States Post Office building located at 245 On September 25, 1996: H.R. 2685. An act to repeal the Medicare Centereach Mall on Middle Country Road in H.R. 1642. An act to extend nondiscrim- and Medicaid Coverage Data Bank; Centereach, New York, as the ‘‘Rose Y. inatory treatment (most-favored-nation H.R. 3060. An act to implement the Proto- Caracappa United States Post Office Build- treatment) to the products of Cambodia, and col on Environmental Protection to the Ant- ing’’; for other purposes. arctic Treaty; H.R. 3448. An act to provide tax relief for On September 26, 1996: H.R. 3074. An act to amend the United small businesses, to protect jobs, to create H.R. 3666. An act making appropriations States-Israel Free Trade Area Implementa- opportunities, to increase the take home pay for the Departments of Veterans Affairs and tion Act of 1985 to provide the President with of workers, to amend the Portal-to-Portal Housing and Urban Development, and for additional proclamation authority with re- Act of 1947 relating to the payment of wages sundry independent agencies, boards, com- spect to articles of the West Bank or Gaza to employees who use employer owned vehi- missions, corporations, and offices for the Strip or a qualifying industrial zone; January 7, 1997 CONGRESSIONAL RECORD — HOUSE H73 H.R. 3186. An act to designate the Federal the construction of certain hydroelectric of the One Hundred Fifth Congress and the building at 1655 Woodson Road in Overland, projects in the State of Pennsylvania; day for the counting in Congress of the elec- Missouri, as the ‘‘Sammy L. Davis Federal H.R. 2700. An act to designate the building toral votes for President and Vice President Building’’; located at 8302 FM 327, Elmendorf, Texas, cast in December 1996; H.R. 3400. An act to designate the Federal which houses operations of the United States H.R. 543. An act to reauthorize the Na- building and United States courthouse to be Postal Service, as the ‘‘Amos F. Longoria tional Marine Sanctuaries Act, and for other constructed at a site on 18th Street between Post Office Building’’; purposes; Dodge and Douglas Streets in Omaha, Ne- H.R. 2773. An act to extend the deadline H.R. 1514. An act to authorize and facili- braska, as the ‘‘Roman L. Hruska Federal under the Federal Power Act applicable to tate a program to enhance safety, training, Building and United States Courthouse’’; the construction of 2 hydroelectric projects research and development, and safety edu- H.R. 3710. An act to designate the United in North Carolina, and for other purposes; cation in the propane gas industry for the States courthouse under construction at 611 H.R. 2816. An act to reinstate the license benefits of propane consumers and the pub- North Florida Avenue in Tampa, Florida, as for, and extend the deadline under the Fed- lic, and for other purposes; the ‘‘Sam M. Gibbons United States Court- eral Power Act applicable to the construc- H.R. 1734. An act to reauthorize the Na- house’’; and tion of, a hydroelectric project in Ohio, and tional Film Preservation Board, and for H.R. 3802. An act to amend section 552 of for other purposes; other purposes; title 5, United States Code, popularly known H.R. 2869. An act to extend the deadline for H.R. 1823. An act to amend the Central as the Freedom of Information Act, to pro- commencement of construction of a hydro- Utah Project Completion Act to direct the vide for public access to information in an electric project in the State of Kentucky; Secretary of the Interior to allow for prepay- electronic format, and for other purposes. H.R. 2967. An act to extend the authoriza- ment of repayment contracts between the On October 8, 1996: tion of the Uranium Mill Tailings Radiation United States and the Central Utah Water H.R. 1350. An act to amend the Merchant Control Act of 1978, and for other purposes; Conservancy District dated December 28, Marine Act, 1936 to revitalize the United H.R. 2988. An act to amend the Clean Air 1965, and November 26, 1985, and for other States-flag merchant marine, and for other Act to provide that traffic signal synchroni- purposes; purposes; zation projects are exempt from certain re- H.R. 2297. An act to codify without sub- H.R. 3056. An act to permit a county-oper- quirements of Environmental Protection stantive change laws related to transpor- ated health insuring organization to qualify Agency Rules; tation and to improve the United States as an organization exempt from certain re- H.R. 3068. An act to accept the request of Code; quirements otherwise applicable to health the Prairie Island Indian Community to re- H.R. 2579. An act to establish the National insuring organizations under the Medicaid voke their charter of incorporation issued Tourism Board and the National Tourism Or- program notwithstanding that the organiza- under the Indian Reorganization Act; ganization to promote international travel tion enrolls Medicaid beneficiaries residing H.R. 3118. An act to amend title 38, United and tourism to the United States; in another county. States Code, to reform eligibility for health H.R. 3005. An act to amend the Federal se- On October 9, 1996: care provided by the Department of Veterans curities laws in order to promote efficiency H.R. 657. An act to extend the deadline Affairs, to authorize major medical facility and capital formation in the financial mar- under the Federal Power Act applicable to construction projects for the Department, to kets, and to amend the Investment Company the construction of three hydroelectric improve administration of health care by the Act of 1940 to promote more efficient man- projects in the State of Arkansas; Department, and for other purposes; agement of mutual funds, protect investors, H.R. 680. An act to extend the time for con- H.R. 3458. An act to increase, effective as of and provide more effective and less burden- struction of certain FERC licensed hydro December 1, 1996, the rates of disability com- some regulation; H.R. 3159. An act to amend title 49, United projects; pensation for veterans with service-con- States Code, to authorize appropriations for H.R. 1011. An act to extend deadline under nected disabilities and the rates of depend- fiscal years 1997, 1998, and 1999 for the Na- the Federal Power Act applicable to the con- ency and indemnity compensation for survi- tional Transportation Safety Board, and for struction of a hydroelectric project in the vors of certain service-connected disabled other purposes; State of Ohio; veterans, and for other purposes; H.R. 3166. An act to amend title 18, United H.R. 1014. An act to authorize extension of H.R. 3539. An act to amend title 49, United States Code, with respect to the crime of time limitation for a FERC-issued hydro- States Code, to reauthorize programs of the false statement in a Government matter; electric license; Federal Aviation Administration, and for H.R. 1031. An act for the relief of Oscar H.R. 3259. An act to authorize appropria- other purposes; Salas-Velazquez; tions for fiscal year 1997 for intelligence and H.R. 3546. An act to direct the Secretary of H.R. 1290. An act to reinstate the permit intelligence-related activities of the United the Interior to convey the Walhalla National for, and extend the deadline under the Fed- States Government, the Community Man- Fish Hatchery to the State of South Caro- eral Power Act applicable to the construc- agement Account, and the Central Intel- lina, and for other purposes; tion of, a hydroelectric project in Oregon, ligence Agency Retirement and Disability H.R. 3660. An act to make amendments to and for other purposes; System, and for other purposes; H.R. 1335. An act to provide for the exten- the Reclamation Wastewater and Ground- H.R. 3723. An act to amend title 18, United sion of a hydroelectric project located in the water Study and Facilities Act, and for other States Code, to protect proprietary economic State of West Virginia; purposes; information, and for other purposes; and H.R. 1366. An act to authorize the exten- H.R. 3871. An act to waive temporarily the H.R. 3815. An act to make technical correc- sion of time limitation for the FERC-issued Medicaid enrollment composition rule for tions and miscellaneous amendments to hydroelectric license for the Mt. Hope Wa- certain health maintenance organizations; trade laws. terpower Project; H.R. 3877. An act to designate the United On October 13, 1996: H.R. 1791. An act to amend title XIX of the States Post Office building located at 351 H.R. 4137. An act to combat drug-facili- Social Security Act to make certain tech- West Washington Street in Camden, Arkan- tated crimes of violence, including sexual as- nical corrections relating to physicians’ sas, as the ‘‘David H. Pryor Post Office saults. services; Building’’; On October 14, 1996: H.R. 2501. An act to extend the deadline H.R. 3916. An act to make available certain H.R. 4083. An act to extend certain pro- under the Federal Power Act applicable to Voice of America and Radio Marti multi- grams under the Energy Policy and Con- the construction of a hydroelectric project in lingual computer readable text and voice re- servation Act through September 30, 1997. Kentucky, and for other purposes; cordings; On October 19, 1996: H.R. 2508. An act to amend the Federal H.R. 3973. An act to provide for a study of H.J. Res. 193. Joint resolution granting the Food, Drug, and Cosmetic Act to provide for the recommendations of the Joint Federal- consent of Congress to the Emergency Man- improvements in the process of approving State Commission on Policies and Programs agement assistance Compact; and using animal drugs, and for other pur- Affecting Alaska Natives; H.J. Res. 194. Joint resolution granting the poses; H.R. 4138. An act to authorize the hydrogen consent of the Congress to amendments H.R. 2594. An act to amend the Railroad research, development, and demonstration made by Maryland, Virginia, and the Dis- Unemployment Insurance Act to reduce the programs of the Department of Energy, and trict of Columbia to the Washington Metro- waiting period for benefits payable under for other purposes; politan Area Transit Regulation Compact; that Act, and for other purposes; H.R. 4167. An act to provide for the safety H.R. 632. An act to enhance fairness in H.R. 2630. An act to extend the deadline for of journeymen boxers, and for other pur- compensating owners of patents used by the commencement of construction of a hydro- poses; and United States; electric project in the State of Illinois; H.R. 4168. An act to amend the Helium Act H.R. 1087. An act to the relief of Nguyen H.R. 2660. An act to increase the amount to authorize the Secretary to enter into Quy An; authorized to be appropriated to the Depart- agreements with private parties for the re- H.R. 1281. An act to express the sense of ment of the Interior for the Tensas River Na- covery and disposal of helium on Federal the Congress that United States Government tional Wildlife Refuge, and for other pur- lands, and for other purposes. agencies in possession of records about indi- poses; October 11, 1996: viduals who are alleged to have committed H.R. 2695. An act to extend the deadline H.J. Res. 198. Joint resolution appointing Nazi war cries should make these records under the Federal Power Act applicable to the day for the convening of the first session public; H74 CONGRESSIONAL RECORD — HOUSE January 7, 1997 H.R. 1874. An act to modify the boundaries after taking senior status, and for other pur- improvements in the Act, and for other pur- of the Talladega National Forest, Alabama; poses; poses; H.R. 3155. An act to amend the Wild and S. 1316. An act to reauthorize and amend S. 2085. An act to authorize the Capitol Scenic Rivers Act by designating the Wekiva title XIV of the Public Health Service Act Guide Service to accept voluntary services; River, Seminole creek, and Rock Springs (commonly known as the ‘‘Safe Drinking S. 2100. An act to provide for the extension Run in the State of Florida for study and po- Water Act’’), and for other purposes; of certain authority for the Marshal of the tential addition to the National Wild and S. 1757. An act to amend the Development Supreme Court and the Supreme Court Po- Scenic Rivers System; Disabilities Assistance and Bill of Rights Act lice; H.R. 3249. An act to authorize appropria- to extend the Act, and for other purposes; S. 2153. An act to designate the United tions for a mining institute or institutes to and States Post Office building located in Brew- develop domestic technological capabilities S.J. Res. 20. Joint resolution granting the er, Maine, as the ‘‘Joshua Lawrence Cham- for the recovery of minerals from the Na- consent of Congress to the compact to pro- berlain Post Office Building’’, and for other tion’s seabed, and for other purposes; vide for joint natural resource management purposes; and H.R. 3378. An act to amend the Indian and enforcement of laws and regulations per- S.J. Res. 64. Joint resolution to commend Health Care Improvement Act to extend the taining to natural resources and boating at Operation Sail for its advancement of broth- demonstration program for direct billing of the Jennings Randolph Lake Project lying in erhood among nations, its continuing com- Medicare, Medicaid, and other third party Garrett County, Maryland and Mineral memoration of the history of the United payors; County, West Virginia, entered into between States, and its nurturing of young cadets H.R. 3568. An act to designate 51.7 miles of the States of West Virginia and Maryland. through training in seamanship. the Clarion River, located in Pennsylvania, On September 24, 1996: On October 11, 1996: as a component of the National Wild and S. 1669. An act to name the Department of S. 39. An act to amend the Magnuson Fish- Scenic Rivers System; Veterans Affairs medical center in Jackson, ery Conservation and Management Act to H.R. 3632. An act to amend title XIX of the Mississippi, as the ‘‘G.V. (Sonny) Montgom- authorize appropriations, to provide for sus- Social Security Act to repeal the require- ery Department of Veterans Affairs Medical tainable fisheries, and for other purposes; ment for annual resident review for nursing Center’’. S. 811. An act to authorize the Secretary of facilities under the Medicaid program and to On October 1, 1996: the Interior to conduct studies regarding the require resident reviews for mentally ill or S. 533. An act to clarify the rules governing desalination of water and water reuse, and mentally retarded residents when there is a removal of cases to Federal court, and for for other purposes; significant change in physical or mental con- other purposes; S. 1044. An act to amend title III of the dition; S. 677. An act to repeal a redundant venue Public Health Service Act to consolidate and H.R. 3864. An act to amend laws authoriz- provision, and for other purposes; reauthorize provisions relating to health ing auditing, reporting, and other functions S. 1636. An act to designate the United centers, and for other purposes; States Courthouse under construction at 1030 by the General Accounting Office; S. 1467. An act to authorize the construc- Southwest 3rd Avenue, Portland, Oregon, as H.R. 3910. An act to provide emergency tion of the Fort Peck Rural County Water the ‘‘Mark O. Hatfield United States Court- drought relief to the City of Corpus Christi, Supply System, to authorize assistance to house’’, and for other purposes; and Texas, and the Canadian River Municipal the Fort Peck Rural County Water District, S. 1995. An act to authorize construction of Water Authority, Texas, and for other pur- Inc., a nonprofit corporation, for the plan- the Smithsonian Institution National Air poses; ning, design, and construction of the water and Space Museum Dulles Center at Wash- H.R. 4036. An act making certain provi- supply system, and for other purposes; ington Dulles International Airport, and for sions with respect to internationally recog- S. 1973. An act to provide for the settle- other purposes. nized human rights, refugees, and foreign re- ment of the Navajo-Hopi land dispute, and On October 2, 1996: lations; and for other purposes; and S. 1507. An act to provide for the extension H.R. 4194. An act to reauthorize alternative S. 2197. An act to extend the authorized pe- of the Parole Commission to oversee cases of means of dispute resolution in the Federal riod of stay within the United States for cer- prisoners sentenced under prior law, to re- administrative process, and for other pur- tain nurses. duce the size of the Parole Commission, and poses. On October 12, 1996: for other purposes; and October 20, 1996: S. 640. An act to provide for the conserva- H.R. 1776. An act to establish United States S. 1834. An act to reauthorize the Indian Environmental General Assistance Program tion and development of water and related commemorative coin programs, and for resources, to authorize the Secretary of the other purposes. Act of 1992, and for other purposes. On October 3, 1996: Army to construct various projects for im- October 26, 1996: provements to rivers and harbors of the H.R. 3219. An act to provide Federal assist- S. 919. An act to modify and reauthorize the Child Abuse Prevention and Treatment United States, and for other purposes; and ance for Indian tribe in a manner that recog- S. 1505. An act to reduce risk to public nizes the right of tribal self-governance, and Act, and for other purposes; S. 1675. An act to provide for the nation- safety and the environment associated with for other purposes; pipeline transportation of natural gas and H.R. 3452. An act to make certain laws ap- wide tracking of convicted sexual predators, and for other purposes; hazardous liquids, and for other purposes. plicable to the Executive Office of the Presi- On October 14, 1996: dent, and for other purposes; and S. 1965. An act to prevent the illegal manu- facturing and use of methamphetamine; and S. 2078. An act to authorize the sale of ex- H.R. 4283. An act to provide for ballast cess Department of Defense aircraft to facili- water management to prevent the introduc- S. 2101. An act to provide educational as- sistance to the dependents of Federal law en- tate the suppression of wildfire. tion and spread of nonindigenous species into On October 19, 1996: the waters of the United States, and for forcement officials who are killed or disabled in the performance of their duties. S. 342. An act to establish the Cache La other purposes. Poudre River Corridor; November 12, 1996: On October 9, 1996: S. 1004. An act to authorize appropriations H.R. 4236. An act to provide for the admin- S. 1577. An act to authorize appropriations for the United States Coast Guard, and for istration of certain Presidio properties at for the National Historical Publications and other purposes; minimal cost to the Federal taxpayer, and Records Commission for fiscal years 1998, S. 1194. An act to promote the research, for other purposes. 1999, 2000, and 2001; S. 1711. An act to amend title 38, United identification, assessment, and exploration f States Code, to improve the benefits pro- of marine mineral resources, and for other purposes; SENATE BILLS AND JOINT RESO- grams administered by the Secretary of Vet- erans Affairs, to provide for a study of the S. 1649. An act to extend contracts between LUTIONS APPROVED BY THE Federal programs for veterans, and for other the Bureau of Reclamation and irrigation PRESIDENT purposes; districts in Kansas and Nebraska, and for The President, subsequent to the sine S. 1802. An act to direct the Secretary of other purposes; die adjournment of the 2d session, 104th the Interior to convey certain property con- S. 1887. An act to make improvements in the operation and administration of the Fed- Congress, notified the Clerk of the taining a fish and wildlife facility to the State of Wyoming, and for other purposes; eral courts, and for other purposes; House that on the following dates he S. 1931. An act to provide that the United S. 2183. An act to make technical correc- had approved and signed bills and joint States Post Office and Courthouse building tions to the Personal Responsibility and resolutions of the Senate of the follow- located at 9 East Broad Street, Cookeville, Work Opportunity Reconciliation Act of ing titles: Tennessee, shall be known and designated as 1996; and On August 6, 1996: the ‘‘L. Clure Morton United States Post Of- S. 2198. An act to provide for the Advisory S. 531. An act to authorize a circuit judge fice and Courthouse’’; Commission on Intergovernmental Relations who has taken part in an in banc hearing of S. 1970. An act to amend the National Mu- to continue in existence, and for other pur- a case to continue to participate in that case seum of the American Indian Act to make poses. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, JANUARY 7, 1997 No. 1 Senate The seventh day of January being the CERTIFICATE OF ELECTION AND By the Governor: day prescribed by House Concurrent CREDENTIALS MARC RACICOT, Governor. Resolution 230, as amended, for the The VICE PRESIDENT. The Chair meeting of the 1st session of the 105th lays before the Senate one certificate STATE OF DELAWARE Congress, the Senate assembled in its of election to fill an unexpired term To the President of the Senate of the United Chamber at the Capitol, at 12 noon. and the credentials of 33 Senators States: elected for 6-year terms beginning on Be it known, an election was held in the January 3, 1997. State of Delaware, on Tuesday, the fifth day PRAYER All certificates, the Chair is advised, of November, in the year of our Lord one The Chaplain, Dr. Lloyd John are in the form suggested by the Sen- thousand nine hundred and ninety-six, that being the Tuesday next after the first Mon- Ogilvie, offered the following prayer: ate or contain all the essential require- ments of the form suggested by the day in said month, in pursuance of the Con- stitution of the United States and the Laws Almighty God, Your glory fills this Senate. If there be no objection, the hallowed Senate Chamber. We exalt of the State of Delaware, in that behalf, for reading of the above-mentioned certifi- the election of a Senator for the people of You as Sovereign of our beloved Na- cates will be waived and they will be the said State, in the Senate of the United tion, and we are exhilarated as we pre- printed in full in the RECORD. States. pare to witness the divine encounter The documents ordered to be printed Whereas, the official certificates or returns between You and the Senators-elect as in the RECORD are as follows: of the said election, held in the several coun- ties of the said State, in due manner made they are sworn in. You have destined STATE OF COLORADO them for greatness as leaders of our out, signed and executed, have been deliv- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM ered to me according to the laws of the said Nation. They are here by Your choice To the President of the Senate of the United State, by the Superior Court of the said and are accountable to You for how States: counties; and having examined said returns, they lead this Nation under Your guid- This is to certify that on the 5th day of No- and enumerated and ascertained the number ance. May the awesome vows that they vember, 1996, Wayne Allard was duly chosen of votes for each and every candidate or per- take and the immense responsibilities by the qualified electors of the State of Colo- son voted for, for such Senator, I have found Joseph R. Biden, Jr., to be the person highest they assume bring them to the knees of rado a Senator from said State to represent said State in the Senate of the United States in votes, and therefore duly elected Senator their hearts with profound humility for the term of six years, beginning on the of and for the said State in the Senate of the and an unprecedented openness to You. 3rd day of January 1997. United States for the Constitutional term to Save them from the seduction of Witness: His excellency our governor Roy commence at noon on the third day of Janu- power, the addiction of popularity and Romer, and our seal hereto affixed at the ary in the year of our Lord one thousand nine hundred and ninety-seven. the aggrandizement of pride. Lord, City and County of Denver this 6th day of December, in the year of our Lord 1996. I, Thomas R. Carper, Governor, do there- keep their priorities straight: You and By the governor: fore, according to the form of the Act of the their families first; the good of our Na- ROY ROMER, General Assembly of the said State and of tion second; consensus around truth Governor. the Act of Congress of the United States, in third; party loyalties fourth; and per- such case made and provided, declare the said Joseph R. Biden, Jr., the person highest sonal success last of all. STATE OF MONTANA in votes at the election aforesaid, and there- May they never forget that they are CERTIFICATE OF ELECTION FOR SIX-YEAR TERM fore duly and legally elected Senator of and here to serve and not to be served. Con- To the President of the Senate of the United for the said State of Delaware in the Senate sistently replenish the reserves of States: of the United States, for the Constitutional This is to certify that on the 5th day of No- term to commence at noon on the third day strength and courage so often drained vember, 1996, Max Baucus was duly chosen by of January in the year of our Lord one thou- by pressure and stress. Anoint their the qualified electors of the State of Mon- sand nine hundred and ninety-seven. minds with Your spirit and guide them tana a Senator from said State to represent Given under my hand and the Great Seal of as they seek to know and do Your will said State in the Senate of the United States the said State, in obedience to the said Act in the crucial issues before our Nation. for the term of six years, beginning the 3rd of the General Assembly and of the said Act day of January, 1997. This can be America’s finest hour of Congress, at Dover, the 14th day of No- Witness: His excellency our Governor Marc vember in the year of our Lord one thousand awaiting leaders imbued with Your Racicot, and our seal hereunto affixed at the nine hundred and ninety-six and in the year power. May it be, Lord, in Your holy City of Helena, the Capital, this 2nd day of of the Independence of the United States of name. Amen. December, in the year of our Lord 1996. America the two hundred and twenty-first.

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

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By the Governor: under my hand at Augusta this fourth day of STATE OF TEXAS THOMAS R. CARPER, December in the year One Thousand Nine CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Governor. Hundred and Ninety-Six. To the President of the Senate of the United ANGUS S. KING, Jr., States: STATE OF KANSAS Governor. This is to certify that on the 5th day of No- CERTIFICATE OF ELECTION FOR UNEXPIRED vember, 1996, Phil Gramm was duly chosen TERM STATE OF IDAHO by the qualified electors of the State of To the President of the Senate of the United CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Texas a Senator from said State to represent States: To the President of the Senate of the United said State in the Senate of the United States This is to certify that on the fifth day of States: for the term of six years, beginning on the 3d November, nineteen hundred ninety-six, Sam This is to certify that on the 5th day of No- day of January, 1997. Brownback was duly chosen by the qualified vember, 1996, Larry Craig was duly chosen by Witness: His excellency our governor electors of the State of Kansas a Senator to the qualified electors of the State of Idaho a George W. Bush, and our seal hereto affixed succeed Sheila Frahm for the unexpired term Senator from said State to represent said at Austin, Texas this 4th day of December, in beginning on the sixth of November, nine- State in the Senate of the United States for the year of our Lord 1996. teen hundred ninety-six, and ending at noon the term of six years, beginning on the 3d By the Governor: on the third day of January, nineteen hun- day of January, 1997. GEORGE W. BUSH, dred ninety-nine, to fill the vacancy in the Witness: His excellency our governor Phil- Governor. representation from said State in the Senate ip E. Batt, and our seal hereto affixed at of the United States. Boise this 20th day of November, in the year STATE OF NEBRASKA Witness: His Excellency our governor Bill of our Lord 1996. At an election held on the 5th day of No- Graves, and our seal hereto affixed at To- By the Governor: vember, 1996 Chuck Hagel was elected to the peka, Kansas, this twenty-seventh day of No- PHILIP E. BATT, office of United States Senator for the term vember, in the year of our Lord, nineteen Governor. of 6 years. hundred ninety-six. Given at Lincoln, Nebraska this 11th day By the Governor: STATE OF NEW MEXICO of December, 1996. BILL GRAVES, BENJAMIN NELSON, Governor. CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Governor. To the President of the Senate of the United STATE OF GEORGIA States: STATE OF IOWA CERTIFICATE OF ELECTION FOR SIX-YEAR TERM This is to certify that on the 5th day of No- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United vember, 1996, Pete Domenici was duly chosen States: by the qualified electors of the State of New To the President of the Senate of the United This is to certify that on the 5th day of No- Mexico a Senator from said State to rep- States: vember, 1996, Max Cleland was duly chosen resent said State in the Senate of the United This is to certify that on the 5th day of No- by the qualified electors of the State of States for the term of six years, beginning vember, 1996, Tom Harkin was duly chosen Georgia a Senator from said State to rep- on the 3rd day of January, 1997. by the qualified electors of the State of Iowa resent said State in the Senate of the United Witness: His excellency our governor Gary a Senator from said State to represent said States for the term of six years, beginning Johnson, and our seal hereto affixed at State in the Senate of the United States for on the 3rd day of January, 1997. Santa Fe this 9th day of December, in the the term of six years, beginning on the 3rd Witness: His excellency our Governor Zell year of our Lord 1996. day of January, 1997. Miller, and our seal hereto affixed at the By the Governor: In testimony whereof, I have hereunto sub- Capitol, in the City of Atlanta, this 18th day GARY JOHNSON, scribed my name and caused the Great Seal of November, in the year of our Lord 1996. Governor. of the State of Iowa to be affixed. Done at By the Governor: Des Moines this 6th day of December in the ZELL MILLER, STATE OF ILLINOIS year of our Lord one thousand nine hundred ninety-six. Governor. To the President of the Senate of the United TERRY E. BRANSTAD, States: STATE OF MISSISSIPPI Governor. This is to certify that on the fifth day of CERTIFICATE OF ELECTION FOR SIX-YEAR TERM November, nineteen hundred and ninety-six, To the President of the Senate of the United Richard J. Durbin was duly chosen by the STATE OF NORTH CAROLINA States: qualified electors of the State of Illinois, a To the President of the Senate of the United This is to certify that on the 5th day of No- Senator from said State, to represent said States: vember, 1996, Thad Cochran was duly chosen State in the Senate of the United States for This is to certify that on the 5th day of No- by the qualified electors of the State of Mis- the term of six years, beginning on the third vember, 1996, Jesse Helms was duly chosen sissippi, a Senator from this State to rep- day of January, nineteen hundred and nine- by the qualified electors of the State of resent the State of Mississippi in the Senate ty-seven. North Carolina a Senator from said state to of the United States for the term of six Witness: His excellency our governor, Jim represent said state in the Senate of the years, beginning on the 3rd day of January, Edgar, and our seal hereto affixed at the City United States for the term of six years, be- 1997. of Springfield this twenty-fifth day of No- ginning on the 3d day of January, 1997. In witness whereof, I have hereunto set my vember, in the year of our Lord nineteen Witness: His excellency our governor hand and caused the Great Seal of the State hundred and ninety-six. James B. Hunt, Jr., and our seal hereto af- of Mississippi to be affixed. By the Governor: fixed at Raleigh this 11th day of December, Done at the Capitol in the City of Jackson, JIM EDGAR, in the year of our Lord 1996. this the 11th day of December, in the year of Governor. By the Governor: our Lord nineteen hundred and ninety-six, JAMES B. HUNT, Jr., and of the Independence of the United States STATE OF WYOMING Governor. of America, the two hundred and twenty- CERTIFICATE OF ELECTION first. STATE OF ARKANSAS By the Acting Governor: Whereas according to the official returns CERTIFICATE OF ELECTION FOR SIX-YEAR TERM ——— ———, of the General Election held in the State of Lt. and Acting Governor. Wyoming on the 5th day of November 1996, To the President of the Senate of the United regularly transmitted to the office of the States: STATE OF MAINE Secretary of State and duly canvassed by the This is to certify that on the 5th day of No- Know ye, that Susan M. Collins of Bangor State Canvassing Board, it appears that Mi- vember, 1996, the Honorable Tim Hutchinson in the County of Penobscot on the fifth day chael B. Enzi has been duly elected for the was duly chosen by the qualified electors of of November, in the year One Thousand Nine office of United States Senator. the State of Arkansas as a Senator from said Hundred and Ninety-Six, was chosen by the Now, therefore, I, Jim Geringer, Governor State to represent said State in the Senate electors of this State, a United States Sen- of Wyoming, do hereby certify that he is of the United States for the term of six ator in the One Hundred Fifth Congress of elected for the term of six years from the years, beginning on the 3rd day of January, the United States of America to represent third day of January 1997. 1997, the vote being: the State of Maine in the United States Sen- In witness whereof, I have hereunto set my Tim Hutchinson ...... 445,942 ate, for the term of six years, beginning on hand and caused the Great Seal of Wyoming Winston Bryant ...... 400,241 the third day of January, in the year Nine- to be affixed. Given at Cheyenne this 20th teen Hundred and Ninety-Seven. day of November 1996. Total votes cast ...... 846,183 In testimony whereof, I have caused the JIM GERINGER, In witness whereof, I have hereunto set my Great Seal of the State to be affixed, given Governor. hand and caused the Great Seal of the State

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of Arkansas to be affixed this 4th day of De- This is to certify that on the 5th day of No- STATE OF WEST VIRGINIA cember, 1996. vember, 1996, Carl Levin was duly chosen by CERTIFICATE OF ELECTION FOR SIX-YEAR TERM MIKE HUCKABEE, the qualified electors of the State of Michi- To the President of the Senate of the United Governor. gan a Senator from said State to represent States: said State in the Senate of the United States This is to certify that on the fifth day of STATE OF OKLAHOMA for the term of six years, beginning on the November, 1996, Jay Rockefeller was duly CERTIFICATE OF ELECTION FOR SIX YEAR TERM 3rd of January, 1997. chosen by the qualified electors of the State To the President of the Senate of the United Given under my hand and the Great Seal of of West Virginia a Senator from said State States: the State of Michigan this 6th day of Decem- to represent said State in the Senate of the This is to certify that on the 5th day of No- ber, in the Year of our Lord, One Thousand United States for the term of six years, be- vember 1996, James M. Inhofe was duly cho- Nine Hundred Ninety-Six. ginning on the third day of January, 1997. sen by the qualified electors of the State of By the Governor: Witness: His excellency our Governor Oklahoma a Senator from said State to rep- JOHN ENGLER, Caston Caperton, and our seal hereto affixed resent said State in the Senate of the United Governor. at Charleston this 12th day of December, in States for the term of six years, beginning the year of our Lord 1996. on the 3rd day of January, 1997. COMMONWEALTH OF KENTUCKY By the Governor: Witness: His excellency our Governor GASTON CAPERTON, To all to Whom These Presents Shall Come, Governor. Frank Keating and out seal hereto affixed at Greeting: Oklahoma City, Oklahoma this 14th of No- Know Ye, That Honorable Mitch McCon- vember in the year of our Lord 1996. STATE OF ALABAMA nell having been duly certified, that on No- By the Governor: CERTIFICATE OF ELECTION vember 5, 1996, was duly chosen by the quali- FRANK KEATING, To the President of the Senate of the United fied electors of the Commonwealth of Ken- Governor. States: tucky a Senator from said State to represent For a six-year term in the United States said State in the Senate of the United States STATE OF SOUTH DAKOTA Senate. for the term of six years, beginning the 3rd CERTIFICATE OF ELECTION This is to certify that on the fifth day of day of January 1997. November, 1996, the Honorable Jeff Sessions This is to Certify, That on the fifth day of I hereby invest the above named with full was duly chosen by the qualified electors of November, nineteen hundred ninety-six, at a power and authority to execute and dis- the State of Alabama as a Senator from said general election Tim Johnson was duly cho- charge the duties of the said office according State to represent said State in the Senate sen by the qualified voters of the State of to law. And to have and to hold the same, of the United States for the term of six South Dakota to the office of United States with all the rights and emoluments there- years, beginning on the third day of January, Senator for the term of six years, beginning unto legally appertaining, for and during the 1997. the third day of January, nineteen hundred term prescribed by law. Witness: His excellency our governor the ninety-seven. In testimony whereof, I have caused these Honorable Fob James, and our seal hereto af- In witness whereof, We have hereunto set letters to be made patent, and the seal of the fixed at the Alabama State Capitol this sixth our hands and caused the Seal of the State Commonwealth to be hereunto affixed. Done day of December, in the year of our Lord to be affixed at Pierre, the Capital, this 27th at Frankfort, the 25th day of November in 1996. day of November nineteen hundred ninety- the year of our Lord one thousand nine hun- FOB JAMES, six. dred and 96 and in the 205th year of the Com- Governor. WILLIAN J. JANKLOW, monwealth, Governor. By the Governor: PAUL E. PATTON, STATE OF NEW HAMPSHIRE THE COMMONWEALTH OF MASSACHUSETTS Governor. To the President of the Senate of the United To the President of the Senate of the United States: States: This is to certify that on the fifth day of This is to certify that on the fifth day of STATE OF RHODE ISLAND AND PROVIDENCE November, nineteen hundred and ninety six November, nineteen hundred and ninety-six PLANTATIONS Bob Smith was duly chosen by the qualified John F. Kerry was duly chosen by the quali- CERTIFICATE OF ELECTION electors of the State of New Hampshire a fied electors of the Commonwealth of Massa- To the President of the Senate of the United Senator from said State to represent said chusetts a Senator from said Commonwealth States: State in the Senate of the United States for to represent said Commonwealth in the Sen- This is to certify that on the 5th day of No- the term of six years beginning on the third ate of the United States for the term of six vember, 1996, John F. Reed was duly chosen day of January, nineteen hundred and nine- years, beginning on the third day of January, by the qualified electors of the State of ty-seven. nineteen hundred and ninety-seven. Rhode Island and Providence Plantations a Witness: His Excellency, Governor Steve Witness: His Excellency, our Governor, Senator from said State to represent said Merrill and the Seal of the State of New William F. Weld, and our seal hereto affixed State in the Senate of the United States for Hampshire hereto affixed at Concord, this at Boston, this twenty-seventh day of No- the term of six years, beginning on the 3rd twentieth day of November, in the year of vember in the year of our Lord nineteen hun- day of January, 1997. Our Lord nineteen hundred and ninety-six. dred and ninety-six. Witness: His Excellency our Governor Lin- By the Governor, with advice of the Coun- By His Excellency the Governor: coln D. Almond, and our seal affixed on this cil: WILLIAM F. WELD, 27th day of November, in the year of our STEVEN MERRILL, Governor. Lord 1996. Governor. LINCOLN C. ALMOND, STATE OF LOUISIANA Governor. STATE OF OREGON ELECTION PROCLAMATION CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United STATE OF KANSAS To the President of the Senate of the United States: States: This is to certify that on the 5th day of No- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM This is to certify that on the 5th day of No- vember, 1996, Mary L. Landrieu was duly To the President of the Senate of the United vember, 1996, Gordon Smith was duly chosen chosen by the qualified electors of the State States: by the qualified electors of the State of Or- of Louisiana a Senator from said State to This is to certify that on the fifth day of egon a Senator from said State to represent represent said State in the Senate of the November, nineteen hundred ninety-six, Pat said State in the Senate of the United States United States for the term of six years, be- Roberts was duly chosen by the qualified for the term of six years, beginning on the ginning on the 3rd day of January, 1997. electors of the State of Kansas a Senator 3rd day of January, 1997. Witness: His excellency our Governor M.J. from said State to represent said State in Witness: His excellency our Governor, ‘‘Mike’’ Foster, Jr., and our seal hereto af- the Senate of the United States for the term John Kitzhaber, and our seal hereto affixed fixed at the City of Baton Rough this 20th of six years, beginning on the third of Janu- at Salem, Oregon this 5th day of December, day of November, 1996. ary, nineteen hundred ninety-seven. in the year of our Lord 1996. By the Governor: Witness: His Excellency our governor Bill By the Governor: M.J. ‘‘MIKE’’ FOSTER, Jr., Graves, and our seal hereto affixed at To- JOHN KITZHABER, Governor. peka, Kansas, this twenty-seventh day of No- Governor. vember, in the year of our Lord, nineteen STATE OF MICHIGAN hundred ninety-six. STATE OF ALASKA CERTIFICATE OF ELECTION FOR SIX-YEAR TERM By the Governor: CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United BILL GRAVES, To the President of the Senate of the United States: Governor. States:

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4 CONGRESSIONAL RECORD — SENATE January 7, 1997 This is to certify that in an election held fixed at Richmond this 26th day of Novem- dent John Adams administered that on the 5th day of November, 1996 and cer- ber, in the year of our Lord 1996. new oath to all Senators, setting a pat- tified on the 27th day of November, 1996, Ted By the Governor: tern that future Presiding Officers fol- Stevens was duly elected by the qualified GEORGE ALLEN, lowed, without controversy, for the voters of the State of Alaska to serve as Sen- Governor. ator from Alaska to represent said State in next 74 years. the Senate of the United States for the term STATE OF MINNESOTA The outbreak of the War Between the of six years, beginning on the 3rd day of Jan- To the President of the Senate of the United States quickly transformed the act of uary, 1997. States: oath-taking, which had become a rou- Witness: His excellency our Governor Tony This is to certify that on the 5th day of No- tine procedure after 1789, into one of Knowles, and our seal hereto affixed at Ju- vember, 1996, Paul David Wellstone was duly enormous significance. At a time of un- neau, Alaska this 4th day of December, in chosen by the qualified electors of the State the year of our Lord 1996. certain and shifting loyalties, Presi- of Minnesota a Senator from said State to dent Abraham Lincoln ordered all Fed- TONY KNOWLES, represent said State in the Senate of the Governor. United States for the term of six years, be- eral civilian personnel to retake the ginning on the 3rd day of January, 1997. prewar oath of allegiance. When Con- STATE OF TENNESSEE Witness: His excellency our governor Arne gress convened for a brief emergency CERTIFICATE OF ELECTION TO UNITED STATES H. Carlson, and our seal hereto affixed at St. session in the summer of 1861, Members SENATOR Paul, Minnesota this 19th day of November, supplemented the President’s action by This is to certify, That at the General in the year of our Lord 1996. passing a law requiring civil officers to Election held on the 5th day of November, ARNE H. CARLSON; take an expanded oath in support of A.D., 1996, Fred Thompson was duly elected Governor. the Union. Although Congress did not to this office as appears from the official re- The VICE PRESIDENT. The majority then apply this August 1861 oath to its turns and certificates on file in the Office of leader. Secretary of State. own Members, its text is the earliest In testimony whereof I, Don Sundquist, f direct predecessor of the oath we take Governor of the State of Tennessee, have WELCOME AND CONGRATULATIONS today. hereunto set my hand and caused the Great TO SENATORS When Congress returned for its reg- Seal to be affixed, at the Capitol, in Nash- ular session in December 1861, Members ville, on this 9th day of December, A.D., 1996. Mr. LOTT. Mr. President, first I wish who believed that the Union had more DON SUNDQUIST, to extend my welcome and congratula- to fear from northern traitors than Governor. tions to all of the newly elected Sen- from southern soldiers fundamentally ators. We look forward to working with STATE OF SOUTH CAROLINA revised the August 1861 statute in July you in a bipartisan way for the best in- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM 1862 by adding an ‘‘Ironclad Test Oath’’ terests of our country. I know that we provision. This war-inspired test oath To the Secretary of the Senate of the United have a few of our retiring Senators States: required civil servants and military of- here and we want to wish them a fond This is to certify that on the fifth day of ficers to swear not only to future loy- adieu and the very best in the future. November, 1996, Honorable Strom Thurmond alty, as required by the existing oaths, was duly chosen by the qualified electors of Senator JOHNSTON there from Lou- but also to affirm that they had never the State of South Carolina as Senator from isiana needs to be careful; he might previously supported hostilities said State to represent said State in the Sen- change his mind and raise his hand and against the United States. Those who ate of the United States for the term of six try to get sworn in again. failed to take the 1862 test oath would years, beginning on the third day of January This is a magnificent occasion, and it 1997. not receive a salary; those who swore is an honor to serve as the majority Witness: His excellency our Governor, falsely would be prosecuted for perjury leader in this great body and to work David M. Beasley, and our seal hereto affixed and forever denied Federal employ- with my friend, Senator DASCHLE, from at Columbia, South Carolina this twenty- ment. first day of November, in the year of our South Dakota. The 1862 oath’s second section incor- Lord, 1996. f By His Excellency: porated a more polished and graceful DAVID M. BEASLEY, THE OATH WE TAKE rendering of the hastily drafted 1861 Governor. Mr. LOTT. Mr. President, today oath in language that is identical to the oath we take today. STATE OF NEW JERSEY marks the 105th time since 1789 that Early in 1864, the Senate adopted a CERTIFICATE OF ELECTION FOR A SIX YEAR newly elected Senators have stood be- TERM fore this body’s Presiding Officer at the rule specifying that all newly elected This is to certify that on the fifth day of start of a new Congress to pledge their Members must not only orally agree to November, 1996, Robert G. Torricelli, was support for the Constitution of the the test oath, but also ‘‘subscribe’’ to it duly chosen by the qualified electors of the United States. I would like to take ad- by signing a printed copy. This condi- State of New Jersey, a Senator from said vantage of this special event in the life tion reflected a wartime practice in State to represent said State in the Senate of each new Congress to comment which military and civilian authorities of the United States for the term of six briefly about the origins of the oath we required anyone wishing to do business years, beginning the 3rd day of January, 1997. with the Federal Government to sign a Given, under my hand and the Great Seal take. of the State of New Jersey, this twenty-sev- There is a good deal of confusion copy of the test oath. The requirement enth day of November in the year of Our about the oath and its origin. Some be- included Confederate prisoners of war Lord one thousand nine hundred and ninety- lieve that the Constitution prescribes seeking parole and southerners who six and of the Independence of the United its specific text and that all Senators wished to be reimbursed for goods con- States, the two hundred and twentieth. since 1789 have taken and signed the fiscated by foraging Union troops. Our By the Governor: oath in the form that we know today. modern practice of signing the oath CHRISTINE TODD WHITMAN, comes from this period. Governor. Neither is true. While the Constitution specifies a separate oath for the Presi- At the end of the war in 1865, the test COMMONWEALTH OF VIRGINIA dent, it leaves to Congress the respon- oath stood as a formidable barrier to CERTIFICATE OF ELECTION FOR SIX-YEAR TERM sibility of preparing an oath for its President Andrew Johnson’s moderate To the President of the Senate of the United Members and all other Federal office- reconstruction policies, designed to States: holders. allow residents of the South to partici- This is to certify that on the 5th day of No- The Oath Act of June 1, 1789, was the pate in their own government. While vember, 1996, John W. Warner was duly cho- first legislation passed by the Senate the President pushed for a rapid re- sen by the qualified electors of the Common- and the first law signed by President integration of Southern States, those wealth of Virginia a Senator from said State George Washington. It prescribed the in Congress who wished to impose a to represent said State in the Senate of the United States for the term of six years, be- following simple oath: ‘‘I lllll do harsh peace insisted on the test oath, ginning on the 3rd of January, 1997. solemnly swear (or affirm) that I will which had been created in part to pre- Witness: His excellency our Governor, support the Constitution of the United vent ex-Confederates from taking Fed- George Allen, and our lesser seal hereto af- States.’’ On June 4, 1789, Senate Presi- eral positions. Many of the oath’s

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S5 drafters specifically had in mind block- tion. The U.S. Constitution leaves it their presence and recognize what an ing the return of one of my direct Sen- entirely up to the Senate to decide important day and a memorable day it ate predecessors—Jefferson Davis. what evidence it deems relevant for is for not only the Senators-elect, but The Constitution’s 14th amendment, overturning an election. for the families as well. ratified in 1868, permitted Congress to At this point, the seating of Senator- We begin this session with much hope remove barriers to service by former elect LANDRIEU has been called into and good will. And I think the remarks Confederates through a two-thirds vote question as a result of investigative just made by the majority leader con- of both Houses. Congress then enacted material by the Senate Rules Com- cerning Senator LANDRIEU are reflec- an oath for those in this category, al- mittee. The Senate Rules Committee is tive of that. I would like to believe lowing them to ignore the test oath’s reviewing the evidence, and I am con- that the administration of the oath of first section, regarding past loyalties, fident they will come to a conclusion Senator-elect LANDRIEU will not preju- and subscribe only to its second section as to whether the allegations should be dice in any way the Senate’s constitu- pledging future allegiance. That 1868 dismissed or investigated further in a tional power to judge the Louisiana oath is identical to the one we take swift and timely manner. election. Neither will the pendency of today. With all of that in mind, Senator- Mr. Jenkins’ petition diminish in any As postwar tensions eased, Congress elect LANDRIEU will take the oath of of- way the effect of the oath that will in 1871 dropped the requirement for a fice with her colleagues but will be now be administered to Senator-elect two-thirds vote of both Houses for seated without prejudice. The seating LANDRIEU. former Confederates entering congres- without prejudice has occurred a num- Just as in recent cases of Senators sional service or government employ- ber of times in U.S. Senate history. COVERDELL, Packwood, and FEINSTEIN, all Senators sworn in today are Sen- ment. For another 13 years, however, The term means without prejudice to ators in every sense of the word. Those all oath takers who were not former the right of the Senate to determine were the sentiments of leaders in those Confederates were required to take the the outcome of the questioned election. instances, and I believe they are just as full test oath. In 1877, to further com- I should like to quote from majority appropriate today. leader Taft of Ohio when he stated that plicate matters, the Senate amended I yield the floor, and I thank the dis- ‘‘These Senators should be permitted its rules to require that Senators take tinguished majority leader. not only the 1862 or the 1868 oath, but to take the oath and to be seated. It is Mr. LOTT. Mr. President, I think we also the original oath of 1789. my further view that the oath is taken are ready to proceed. Reflecting the confusion surrounding without prejudice to the right of any- these multiple requirements, the Sen- one contesting the seat to proceed with f ate’s archives contain no signed oaths the contest and without prejudice to ADMINISTRATION OF OATH OF for the years between 1871 and 1880. the right of anyone protesting or ask- OFFICE From 1880 until 1884, nearly 20 years ing expulsion from the Senate to pro- The VICE PRESIDENT. If the 33 Sen- after the war’s conclusion, newly elect- ceed.’’ ators to be sworn will now present ed southern Senators who had partici- In the case of our colleague, Senator- themselves at the desk in groups of pated in that conflict signed the 1868 elect LANDRIEU, she will shortly begin four as their names are called in alpha- oath, while all the others signed the her new role as a U.S. Senator from the betical order, the Chair will administer 1862 test oath. State of Louisiana and the Rules Com- their oaths of office. On January 11, 1884, as part of a gen- mittee will continue to investigate the The clerk will read the names of the eral revision of its rules, the Senate re- allegations. I know the Democratic first group. placed specific references to the rules leader concurs with this procedure of The legislative clerk called the of 1862 and 1868 with the simple state- seating Senator-elect LANDRIEU with- names of Mr. ALLARD, Mr. BAUCUS, Mr. ment that is now Rule III of our Stand- out prejudice, and we are both hopeful BIDEN, and Mr. BROWNBACK. ing Rules: ‘‘The oaths or affirmations that the Rules Committee will con- These Senators, escorted by Mr. required by the Constitution and pre- clude its investigation and make its CAMPBELL, Mr. BURNS, Mr. ROTH, and scribed by law shall be taken and sub- ruling in a swift and responsible fash- former Senator Dole, respectively, ad- scribed by each Senator, in open Sen- ion. It is possible that later today, vanced to the desk of the Vice Presi- ate, before entering upon his duties.’’ after discussions with the Democratic dent, the oath prescribed by law was Seven weeks later, bringing to a close leader, we will be able to reach a fur- administered to them by the Vice nearly a quarter century of confusion ther colloquy and perhaps a consent President, and they severally sub- and acrimony, the Senate repealed the agreement with respect to any motion scribed to the oath in the official oath 1862 test oath. From that day to this, the Rules Committee may make at a book. the high solemn oath ‘‘prescribed by later date in response to those allega- The VICE PRESIDENT. Congratula- law’’ has been the oath of 1868. tions. After consulting with the Demo- tions. [Applause, Senators rising.] cratic leader, I hope to propound a con- f The VICE PRESIDENT. The Senate sent agreement that would limit de- LOUISIANA ELECTION CONTEST will be in order. The clerk will read the bate on any motion so that the full names of the next group. Mr. LOTT. Mr. President, before the Senate would be able to resolve the Chair presents the certification of elec- The legislative clerk called the matter very quickly. names of Mr. CLELAND, Mr. COCHRAN, tion for the swearing in to begin, I I now yield to the Democratic leader Ms. COLLINS, and Mr. CRAIG. would like to take a moment to speak for any comments he may wish to These Senators, escorted by Mr. about the seating of one of our new col- make on the subject. NUNN, and Mr. COVERDELL, Mr. LOTT, leagues who will be sworn in within the The VICE PRESIDENT. The Demo- Mr. Cohen, and Ms. SNOWE, and Mr. next few minutes. I am referring to the cratic leader is recognized. KEMPTHORNE, respectively, advanced to seating of Senator-elect LANDRIEU. The f the desk of the Vice President, the Senate has received petitions from the SWEARING IN OF SENATORS oath prescribed by law was adminis- citizens of the State of Louisiana con- tered to them by the Vice President, testing the election of Senator-elect Mr. DASCHLE. Mr. President, let me and they severally subscribed to the LANDRIEU. begin by thanking the distinguished oath in the official oath book. As most of you know, direct election majority leader for his comments and The VICE PRESIDENT. Congratula- of U.S. Senators began as a result of welcoming him to the 105th Congress, tions. the 17th amendment to the Constitu- as we welcome all of the newly elected [Applause, Senators rising.] tion in 1913. Since that time, the Sen- Members to this prestigious body. As The VICE PRESIDENT. The Senate ate has called into question a number the Senator also noted, we have a num- will be in order. The clerk will read the of election results. However, only on ber of former colleagues who have now names of the next group. four occasions have the challenges reached the height of ‘‘citizen,’’ and we The legislative clerk called the been successful in persuading the Sen- welcome them in their new positions as names of Mr. DOMENICI, Mr. DURBIN, ate to overturn the outcome of an elec- well. The families are here. We all note Mr. ENZI, and Mr. GRAMM.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6 CONGRESSIONAL RECORD — SENATE January 7, 1997 These Senators, escorted by Mr. The VICE PRESIDENT. Congratula- NOTIFICATION TO THE HOUSE OF BINGAMAN, Mr. SIMON, and Ms. tions. REPRESENTATIVES MOSELEY-BRAUN, former Senator Wal- [Applause, Senators rising.] Mr. LOTT. Mr. President, I send a lop and Mr. Thomas, and Mrs. The VICE PRESIDENT. The clerk resolution to the desk notifying the Hutchison, respectively, advanced to will read the names of the next group. House that a quorum is present, ask the desk of the Vice President, the The legislative clerk called the that it be reported by title, agreed to, oath prescribed by law was adminis- names of Mr. STEVENS, Mr. THOMPSON, and the motion to reconsider be laid tered to them by the Vice President, Mr. THURMOND, and Mr. TORRICELLI. upon the table. and they severally subscribed to the These Senators, escorted by Mr. The VICE PRESIDENT. Without ob- oath in the official oath book. MURKOWSKI, Mr. FRIST, Mr. HOLLINGS, jection, it is so ordered. The VICE PRESIDENT. Congratula- and Mr. LAUTENBERG, respectively, ad- Mr. LOTT. Before that is completed, tions. vanced to the desk of the Vice Presi- Mr. President, for the information of [Applause, Senators rising.] dent, the oath prescribed by law was all Senators, there are a number of tra- The VICE PRESIDENT. The clerk administered to them by the Vice ditional resolutions and unanimous will read the names of the next group. President, and they severally sub- The legislative clerk called the consent requests that we will need to scribed to the oath in the official oath work through now. We have discussed names of Mr. HAGEL, Mr. HARKIN, Mr. book. these, and they have been cleared with HELMS, and Mr. HUTCHINSON. The VICE PRESIDENT. Congratula- the Democratic leader. There are a These Senators, escorted by Mr. tions. KERREY, Mr. GRASSLEY, Mr. FAIRCLOTH, number of them. It will take some [Applause, Senators rising.] time. We do not at this time anticipate and Mr. BUMPERS, respectively, ad- The VICE PRESIDENT. The clerk vanced to the desk of the Vice Presi- any recorded vote. I wanted the Sen- will read the names of the next group. ators to be aware of that. dent, the oath prescribed by the Vice The legislative clerk called the President, and they severally sub- So I renew my request. names of Mr. WARNER and Mr. scribed to the oath in the official oath The VICE PRESIDENT. Is there ob- WELLSTONE. book. jection to the immediate consideration These Senators, escorted by Mr. ROBB The VICE PRESIDENT. Congratula- of the resolution? and Mr. GRAMS, respectively, advanced tions. There being no objection, the resolu- to the desk of the Vice President, the [Applause, Senators rising.] tion (S. Res. 1) was considered and The VICE PRESIDENT. The clerk oath prescribed by law was adminis- agreed to, as follows: tered to them by the Vice President, will read the names of the next group. S. RES. 1 and they severally subscribed to the The legislative clerk called the Resolved, That the Secretary inform the names of Mr. INHOFE, Mr. JOHNSON, Mr. oath in the official oath book. House of Representatives that a quorum of KERRY of Massachusetts, and Ms. LAN- The VICE PRESIDENT. Congratula- the Senate is assembled and that the Senate DRIEU. tions. is ready to proceed to business. These Senators, escorted by Mr. [Applause, Senators rising.] f Mr. LOTT addressed the Chair. NICKLES, Mr. DASCHLE, Mr. KENNEDY, NOTIFICATION TO THE PRESIDENT Mr. BREAUX, and Mr. Johnston, respec- The VICE PRESIDENT. The majority tively, advanced to the desk of the Vice leader is recognized. Mr. LOTT. Mr. President, I send a President, the oath prescribed by law resolution to the desk creating a com- f was administered to them by the Vice mittee consisting of two Senators to notify the President that a quorum of President, and they severally sub- CALL OF THE ROLL scribed to the oath in the official oath each House is assembled, ask that it be book. Mr. LOTT. Mr. President, I suggest reported by title, agreed to, and the The VICE PRESIDENT. Congratula- the absence of a quorum. motion to reconsider be laid upon the tions. The VICE PRESIDENT. The clerk table. [Applause, Senators rising.] will call the roll. The VICE PRESIDENT. Is there ob- The VICE PRESIDENT. The clerk The legislative clerk called the roll, jection to the present consideration of will read the names of the next group. and the following Senators entered the the resolution? The legislative clerk called the Chamber and answered to their names: There being no objection, the resolu- names of Mr. LEVIN, Mr. MCCONNELL, [Quorum No. 1] tion (S. Res. 2) was considered and Mr. REED of Rhode Island, and Mr. ROB- Abraham Ford Lugar agreed to, as follows: ERTS. Allard Frist Mack S. RES. 2 These Senators, escorted by Mr. Ashcroft Glenn McCain Baucus Gorton McConnell Resolved, That a committee consisting of ABRAHAM, Mr. FORD, Mr. CHAFEE, Mr. Biden Graham Mikulski two Senators be appointed to join such com- PELL and Mrs. Kassebaum, respec- Bingaman Gramm Moseley-Braun mittee as may be appointed by the House of tively, advanced to the desk of the Vice Boxer Grams Moynihan Representatives to wait upon the President President, the oath prescribed by law Breaux Grassley Murkowski of the United States and inform him that a Brownback Gregg Murray was administered to them by the Vice quorum of each House is assembled and that Bryan Hagel Nickles the Congress is ready to receive any commu- President, and they severally sub- Bumpers Harkin Reed nication he may be pleased to make. scribed to the oath in the official oath Burns Hatch Reid book. Byrd Helms Robb Mr. LOTT. Mr. President, in order Campbell Hollings Roberts that we may carry out the direction of The VICE PRESIDENT. Congratula- Chafee Hutchinson Rockefeller tions. Cleland Hutchison Roth this resolution, we will ask for a [Applause, Senators rising.] Coats Inhofe Santorum quorum call at this point so the Demo- The VICE PRESIDENT. The clerk Cochran Inouye Sarbanes cratic leader and I can move across the Collins Jeffords Sessions will read the names of the next group. Coverdell Johnson Shelby Hall to the Vice President’s office to The legislative clerk called the Craig Kempthorne Smith, Bob make the traditional call. names of Mr. ROCKEFELLER, Mr. SES- D’Amato Kennedy Smith, Gordon With that, I suggest the absence of a Daschle Kerrey Snowe SIONS, Mr. SMITH of New Hampshire, quorum. DeWine Kerry Specter and Mr. SMITH of Oregon. Dodd Kohl Stevens The VICE PRESIDENT. The clerk These Senators, escorted by Mr. Domenici Kyl Thomas will call the roll. BYRD, Mr. SHELBY, Mr. GREGG, and Mr. Dorgan Landrieu Thompson The legislative clerk proceeded to Durbin Lautenberg Thurmond WYDEN, respectively, advanced to the Enzi Leahy Torricelli call the roll. desk of the Vice President, the oath Faircloth Levin Warner Mr. LOTT. Mr. President, I ask unan- prescribed by law was administered to Feingold Lieberman Wellstone imous consent that the order for the them by the Vice President, and they Feinstein Lott Wyden quorum call be rescinded. severally subscribed to the oath in the The VICE PRESIDENT. A quorum is The VICE PRESIDENT. Without ob- official oath book. present. jection, it is so ordered.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S7 Mr. LOTT. Mr. President, I report to United States, and the President of the Sen- BYRD, and the Senator from South the Senate that Senator DASCHLE and I ate shall be their Presiding Officer; that two Carolina, Mr. HOLLINGS, will present have spoken to the President and have tellers shall be previously appointed by the himself at the desk to take the oath of assured him that we have taken the President of the Senate on the part of the office. Senate and two by the Speaker on the part of The President pro tempore advanced necessary actions to swear in our Mem- the House of Representatives, to whom shall bers and establish our quorum, and we be handed, as they are opened by the Presi- to the desk of the Vice President; the are ready to do business. He said he dent of the Senate, all the certificates and oath was administered to him by the was glad to hear that and he is ready to papers purporting to be certificates of the Vice President; and he subscribed to go to work. electoral votes, which certificates and papers the oath in the official oath book. shall be opened, presented, and acted upon in f [Applause, Senators rising.] the alphabetical order of the States, begin- [Mr. THURMOND assumed the chair.] HOUR OF DAILY MEETING ning with the letter ‘‘A’’; and said tellers, Mr. DASCHLE addressed the Chair. having then read the same in the presence Mr. LOTT. Mr. President, I send a The PRESIDENT pro tempore. The and hearing of the two Houses, shall make a distinguished Democratic leader. resolution to the desk fixing the daily list of the votes as they shall appear from meeting of the Senate at 12 noon. the said certificates; and the votes having f The VICE PRESIDENT. The clerk been ascertained and counted in the manner CONGRATULATIONS TO THE will report. and according to the rules by law provided, PRESIDENT PRO TEMPORE The legislative clerk read as follows: the result of the same shall be delivered to the President of the Senate, who shall there- Mr. DASCHLE. Mr. President, on be- A resolution (S. Res. 3) fixing the daily half of all the Members of the Demo- meeting of the Senate at 12 noon. upon announce the state of the vote, which announcement shall be deemed a sufficient cratic caucus, let me congratulate the The VICE PRESIDENT. Is there ob- declaration of the persons, if any, elected President pro tempore on his ascension jection to the immediate consideration President and Vice President of the United to this position once again. He has of the resolution? States, and, together with a list of the votes, served ably in the last Congress and he There being no objection, the Senate be entered on the Journals of the two has gained the respect of many new Houses. proceeded to consider the resolution. Members who did not have the oppor- Mr. LOTT. Mr. President, I ask unan- f tunity to work with him in the past. I imous consent that the resolution be ELECTION OF THE HONORABLE know that will be the case once more agreed to and the motion to reconsider STROM THURMOND AS PRESI- in the 105th Congress. be laid upon the table. DENT PRO TEMPORE OF THE So we join with our Republican col- The VICE PRESIDENT. Without ob- SENATE leagues in congratulating and wishing jection, it is so ordered. you well on your election and express- The resolution (S. Res. 3) was agreed Mr. LOTT. Mr. President, it is now ing the hope that we can continue to to. with great pleasure and truly indeed an work so ably together, as you have so The resolution is as follows: honor that I send a resolution to the clearly demonstrated the ability to do desk electing Senator STROM THUR- S. RES. 3 in the last Congress. MOND as the President pro tempore of Resolved, That the hour of daily meeting of The PRESIDENT pro tempore. the Senate be 12 o’clock meridian unless oth- the Senate. Thank you, very much. erwise ordered. The VICE PRESIDENT. The clerk Mr. LOTT addressed the Chair. will report. f The PRESIDENT pro tempore. The The legislative clerk read as follows: able majority leader. PROVIDING FOR THE COUNTING A resolution (S. Res. 4) electing STROM Mr. LOTT. Mr. President, I would OF THE ELECTORAL VOTES ON THURMOND, a Senator from the State of like to congratulate the distinguished JANUARY 9, 1997 South Carolina, to be President pro tempore Senator from South Carolina for his re- Mr. LOTT. Mr. President, I send a of the Senate of the United States. election. Once again the people of concurrent resolution to the desk pro- The VICE PRESIDENT. Is there ob- South Carolina have shown their usual viding for the counting of electoral jection to the immediate consideration good judgment. And I also congratulate votes on January 9 at 1 p.m. of the resolution? you on your being reelected as the The VICE PRESIDENT. The clerk There being no objection, the Senate President pro tempore. Your leadership will report. proceeded to consider the resolution. and your determination to pass good The legislative clerk read as follows: Mr. LOTT. Mr. President, I ask unan- legislation for the best interests of our A concurrent resolution (S. Con. Res. 1) to imous consent that the resolution be country and the honorable way in provide for the counting on January 9, 1997, agreed to and the motion to reconsider which you serve as the Senator for of the electoral votes for President and Vice be laid upon the table. your great State and as leader in the President of the United States. The VICE PRESIDENT. Without ob- Senate is one for which we are all very The VICE PRESIDENT. Is there ob- jection, it is so ordered. proud and one that as such sets an ex- jection to the immediate consideration The resolution (S. Res. 4) was agreed ample for all of us to emulate. We con- of the concurrent resolution? to. gratulate you and wish you the very There being no objection, the Senate The resolution is as follows: best in the 105th Congress. We know proceeded to consider the concurrent S. RES. 4 you will do your traditional good work. resolution. Resolved, That Strom Thurmond, a Senator The PRESIDENT pro tempore. Mr. LOTT. Mr. President, I ask unan- from the State of South Carolina, be, and he Thank you for your kind words. imous consent that the concurrent res- is hereby, elected President of the Senate [Applause, Senators rising.] olution be agreed to and the motion to pro tempore, to hold office during the pleas- Mr. LOTT. Mr. President, I would be reconsider be laid upon the table. ure of the Senate, in accordance with rule I, delighted to yield to the distinguished paragraph 1, of the Standing Rules of the Senator from West Virginia. The VICE PRESIDENT. Without ob- Senate. jection, the concurrent resolution is f f agreed to. SENATE PRECEDENTS The concurrent resolution (S. Con. ADMINISTRATION OF OATH TO Mr. BYRD. Mr. President, I thank Res. 1) was agreed to, as follows: SENATOR STROM THURMOND AS the distinguished majority leader. S. CON. RES. 1 PRESIDENT PRO TEMPORE OF For the record, and without being Resolved by the Senate (the House of Rep- THE SENATE FOR THE 105TH critical of anyone, I am sure that we resentatives concurring), That the two Houses CONGRESS have followed late precedent in noti- of Congress shall meet in the Hall of the The VICE PRESIDENT. The Senator House of Representatives on Thursday, the fying the House and notifying the 9th day of January 1997, at 1 o’clock post me- from South Carolina, to be escorted by President after the President pro tem- ridian, pursuant to the requirements of the the majority leader, Mr. LOTT, the pore is elected. Constitution and laws relating to the elec- Democratic leader, Mr. DASCHLE, the When the Senate first met on April tion of President and Vice President of the former President pro tempore, Mr. 6th, 1789, after having been delayed 34

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8 CONGRESSIONAL RECORD — SENATE January 7, 1997 days for the lack of a quorum, the first The PRESIDENT pro tempore. The is hereby continued with the same power and order of business was the election of a clerk will report. authority. President pro tempore, who is a con- The assistant legislative clerk read SEC. 2. That effective from January 3, 1997, stitutional officer. The Senate is re- as follows: the provisions of Senate Concurrent Resolu- tion 48 of the One Hundred Fourth Congress, quired to elect a Member of the body to A resolution (S. Res. 5) notifying the Presi- to authorize the rotunda of the United serve as the President pro tempore in dent of the United States of the election of States Capitol to be used in connection with the absence of the Vice President. a President pro tempore. the proceedings and ceremonies for the inau- When the Senate met on April 6th, The PRESIDENT pro tempore. With- guration of the President-elect and the Vice 1789 there was no Vice President. There out objection, it is so ordered. President of the United States, and for other was no President. And once the Presi- The resolution (S. Res. 5) was agreed purposes, are hereby continued with the dent pro tempore was elected—his to, as follows: same power and authority. name was John Langdon from New S. RES. 5 f Hampshire—the Senate then notified Resolved, That the President of the United the House that it was organized and States be notified of the election of STROM UNANIMOUS-CONSENT ready to count the electoral ballots. THURMOND, a Senator from the State of AGREEMENTS So the selection of the President pro South Carolina, as President pro tempore. Mr. LOTT. Mr. President, these tempore was first because the Senate f had to have a Presiding Officer. And unanimous-consent requests are those there was no Vice President. There was NOTIFYING THE HOUSE OF REP- of the standing orders—for example, no Vice President until April 21st of RESENTATIVES OF THE ELEC- the setting of leaders’ time each day— 1789 when the Vice President, John TION OF A PRESIDENT PRO TEM- which are obtained at the beginning of Adams, took the oath of office. PORE OF THE SENATE each Congress which govern our day- So I say this because sometimes we Mr. LOTT. Mr. President, I send a to-day activities. As in the past, these vary from precedent without thinking resolution to the desk notifying the consents have been cleared with the Democratic leader. Therefore, I send to about it. And it escaped my notice that House of the election of Senator THUR- the desk 11 unanimous-consent re- this was done, I think, in the last Con- MOND, and ask that the resolution be gress when the President pro tempore reported by title, agreed to, and that quests and ask for their immediate was elected. the motion to reconsider be laid upon consideration en bloc, that the re- But in any event, for the record, I the table. quests be agreed to en bloc, and that hope that in the future we will follow The PRESIDENT pro tempore. The the various consents be shown sepa- the practice of the Members of the Sen- clerk will report. rately in the RECORD. ate of 1789, when a President pro tem- The legislative clerk read as follows: Mr. President, I ask unanimous con- sent that for the duration of the 105th pore is to be elected. A resolution (S. Res. 6) notifying the House In the old days they elected a Presi- of Representatives of the election of a Presi- Congress, the Ethics Committee be au- dent pro tempore perhaps for the occa- dent pro tempore of the Senate. thorized to meet during the session of the Senate. sion, or one for a single day. But the The PRESIDENT pro tempore. With- Mr. President, I ask unanimous con- practice now is that we elect a Presi- out objection, it is so ordered. sent that for the duration of the 105th dent pro tempore, who serves until an- The resolution (S. Res. 6) was agreed Congress, there be a limitation of 15 other is elected—he retires, or passes to, as follows: minutes each upon any rollcall vote, on to another world, or his party loses S. RES. 6 control and a new President pro tem- with the warning signal to be sounded Resolved, That the House of Representa- at the midway point, beginning at the pore is elected, or until his own term tives be notified of the election of STROM last 71⁄2 minutes, and when rollcall as Senator expires and he is reelected, THURMOND, a Senator from the State of as was the case today. South Carolina, as President pro tempore. votes are of 10-minute duration, the warning signal be sounded at the begin- I thank all Senators for their indul- f gence. And especially I thank our two ning of the last 71⁄2 minutes. fine leaders. I am also very favorably EXTENDING THE LIFE OF THE Mr. President, I ask unanimous con- impressed with both leaders. I know JOINT CONGRESSIONAL COM- sent that during the Congress, it be in that they are going to do the Senate MITTEE ON INAUGURAL CERE- order for the Secretary of the Senate proud and do all of us proud. MONIES AND THE PROVISIONS to receive reports at the desk when Mr. LOTT. Mr. President, I thank the OF SENATE CONCURRENT RESO- presented by a Senator at any time distinguished Senator from West Vir- LUTION 48 during the day of the session of the ginia for that information. And cer- Mr. LOTT. Mr. President, I send a Senate. tainly we want to follow the precedents concurrent resolution to the desk ex- Mr. President, I ask unanimous con- very closely. I will make sure that we tending the life of the Joint Inaugural sent that the majority and minority look carefully at those and be prepared Committee, and ask that the resolu- leaders may daily have up to 10 min- to elect a President pro tempore first tion be reported by title, agreed to, and utes each on each calendar day fol- the next time. Certainly, my feeling is that the motion to reconsider be laid lowing the prayer and disposition of that there is no higher honor nor great- upon the table. the reading of, or the approval of, the er responsibility nor greater oppor- The PRESIDENT pro tempore. The Journal. tunity than electing the Senator from clerk will report. Mr. President, I ask unanimous con- South Carolina as the leader and as The assistant legislative clerk read sent that the Parliamentarian of the President pro tempore of the Senate. as follows: House of Representatives and his three assistants be given the privilege of the So I thank Senator BYRD for his com- A concurrent resolution (S. Con. Res. 2) to ments. extend the life of the Joint Congressional floor during the 105th Congress. f Committee on Inaugural Ceremonies and the Mr. President, I ask unanimous con- provisions of S. Con. Res. 48. sent that, notwithstanding the provi- NOTIFYING THE PRESIDENT OF sions of rule XXVIII, conference re- THE UNITED STATES OF THE The PRESIDENT pro tempore. With- out objection, it is so ordered. ports and statements accompanying ELECTION OF A PRESIDENT PRO them not be printed as Senate reports TEMPORE The concurrent resolution (S. Con. Res. 2) was agreed to, as follows: when such conference reports and Mr. LOTT. Mr. President, I send a statements have been printed as a S. CON. RES. 2 resolution to the desk notifying the House report unless specific request is President of the election of Senator Resolved by the Senate (the House of Rep- made in the Senate in each instance to resentatives concurring), That effective from THURMOND, and ask that the resolution January 3, 1997, the joint committee created have such a report printed. be reported by title, agreed to, and by Senate Concurrent Resolution 47 of the Mr. President, I ask unanimous con- that motion to reconsider be laid upon One Hundred Fourth Congress, to make the sent that the Committee on Appropria- the table. necessary arrangements for the inauguration tions be authorized during the 105th

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S9 Congress to file reports during adjourn- RECORD, we ought to clarify this, that point. I think the point of his inquiry ments or recesses of the Senate on ap- the 10 minutes are to be used for in large measure has to do with wheth- propriation bills, including joint reso- speeches or for unanimous consent re- er or not either side will surprise the lutions, together with any accom- quests but that no motion will be in other with regard to tactics involving panying notices of motions to suspend order during those 10 minutes for ei- the leaders’ time that would in some rule XVI, pursuant to rule V, for the ther leader. way assist the leaders in doing some- purpose of offering certain amend- I say this because it seems to me— thing for which there has not been ments to such bills or joint resolutions, and I have not seen it happen, but I proper notification. I believe, as the which proposes amendments shall be think it could happen—during the 10 distinguished majority leader has indi- printed. minutes if there were a very controver- cated, both sides are going to make a Mr. President, I ask unanimous con- sial motion and a Senator or group of good faith effort to assure that we are sent that, for the duration of the 105th Senators were attempting to hold the not surprised. I believe in this case Congress, the Secretary of the Senate floor and not let that motion be made, that effort will be practiced as well as be authorized to make technical and their leader could come in and claim promised. clerical corrections in the his time, which he has a right to do, I think there have been occasions, engrossments of all Senate-passed bills and during the 10 minutes I am con- and I can recall vaguely the occasions, and resolutions, Senate amendments to cerned that he might make a con- where we have been working under a House bills and resolutions, Senate troversial motion. This might never time agreement and, as a result of ne- amendments to House amendments to happen, and there might be other gotiations between both sides, have Senate bills and resolutions, and Sen- ways—I am sure there would be—to come up with a compromise substitute ate amendments to House amendments challenge that, but just in order that amendment, through a process that in- to Senate amendments to House bills we do not have to worry about it, I volves the leaders, that may allow us or resolutions. wonder if it is agreed that during the 10 to expedite the legislative process, Mr. President, I ask unanimous con- minutes no controversial motion will wherein the leaders will use their time sent that for the duration of the 105th be made. to make the case involving that par- Congress, when the Senate is in recess What is controversial? I should think ticular amendment and then offer the or adjournment, the Secretary of the we ought to know when either leader amendment at the end of that period of Senate be authorized to receive mes- seeks to make a motion. If the motion time as an alternative to the pending sages from the President of the United is likely to be controversial, I hope measure. States, and—with the exception of that it would not be made during that It would be my hope we could con- House bills, joint resolutions, and con- period of 10 minutes. tinue to work with that understanding current resolutions—messages from the Mr. LOTT. Mr. President, this unani- because on some occasions we are out House of Representatives; and that mous consent request is that the ma- of time, and were it not for the leaders’ they be appropriately referred; and jority and minority leaders may have time, we might not be able to address that the President of the Senate, the up to 10 minutes each on each calendar such a compromise. Of course, we still President pro tempore, and the Acting day following the prayer and the dis- have the avenue of asking for unani- President pro tempore be authorized to position of the reading of or the ap- mous consent, but the leaders’ time sign duly enrolled bills and joint reso- proval of the Journal. It does not indi- gives us another option in that regard. lutions. cate any limitation as to what may be So I think the distinguished Senator Mr. President, I ask unanimous con- done in that 10 minutes. This is the from West Virginia is right on the sent that for the duration of the 105th language that has been used tradition- mark with regard to the concern he Congress, Senators be allowed to leave ally. It was taken from previous open- raises, and I think I am satisfied that at the desk with the journal clerk the ing day unanimous consent requests I have the assurances from the major- names of two staff members who will that are traditionally done en bloc as ity leader in this case there will not be be granted the privilege of the floor we have done here today. surprises and we will use this time pru- during the consideration of the specific I know of no incident where this has dently. matter noted, and that the Sergeant at been abused or any series of abuses of Mr. LOTT. Mr. President, if I could Arms be instructed to rotate such staff this 10-minute time by the leaders, cer- be recognized for a moment more be- members as space allows. tainly not during my time, and I do not fore the distinguished senior Senator Mr. President, I ask unanimous con- remember it during Senator Dole’s from West Virginia comments. sent that for the duration of the 105th time. As far back as I have knowledge, Mr. BYRD. Sure. Congress, it be in order to refer trea- I do not think that has been done. Mr. LOTT. I think that, once again, ties and nominations on the day when I know that the leaders, Senator as we try very hard to make sure we they are received from the President, DASCHLE and I, will work together very preserve the decorum we should have even when the Senate has no executive carefully, and we have already indi- in this Chamber and we have kind of session that day. cated to each other we do not intend to gotten away from—the Senator from The PRESIDENT pro tempore. With- pull surprises. And certainly if we were West Virginia has noted that fact to out objection, it is so ordered. going to make any motion during that me, and I have heard him—we are Mr. DASCHLE. Mr. President, I yield 10-minute period, we would have, I be- going to try some things to effect that to the distinguished Senator from West lieve, an obligation to notify each in fact and in appearance also. We have Virginia for some comments in regard other of such a plan. had a situation where maybe too many to this particular resolution prior to But I do feel that it is not limited to staff members are getting in the Cham- the time we go to the next one. just debate only. I would like to have ber and blocking passages. We are Mr. BYRD. Mr. President, have the the opportunity before we limit it in going to try to address that. unanimous consent requests been any way to go back and look carefully Also, if we are going to be able to agreed to, en bloc? at what the precedents have been and work together in a cordial and civil The PRESIDING OFFICER (Mr. JEF- how it has been dealt with in the past, manner, it is going to be important we FORDS). They have been. and make sure we understand what we be honest with each other and fair and Mr. BYRD. I had hoped to be recog- could or could not do. We are in no way we notify each other when we are fix- nized before they were agreed to. But I enlarging upon what has been done in ing to take action and we not have sur- take the floor now just to inquire of the past. Once again, in all due dili- prises. the Chair and to inquire of both lead- gence and caution, I would want to That is the way I intend to proceed. ers, during the leader time each day. make sure we are not giving up a right I am sure we will have some bumps are we talking about 10 minutes for that in fact the leaders may need in along the road. The Senate is an island speeches only? I do not think there has the future. of tranquility in many respects in this been any controversial motion ever Mr. DASCHLE. Mr. President, I city. We have heavy responsibilities on made during the 10 minutes of either think the distinguished senior Senator which we need to act, and it is going to leader’s time, and I think, for the from West Virginia makes a very good take give-and-take, cooperation, and I

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10 CONGRESSIONAL RECORD — SENATE January 7, 1997 am absolutely committed to that ap- too many staff people—and I have two Needless to say, this vote would proach. That will be the way I will pro- or three staff persons—I try to send occur at the first opportunity the Sen- ceed with regard to this 10 minutes and mine out so as to leave only one. I am ate has during the appropriations proc- everything else that I try to do. very much heartened by the letters ess this year, at least we think that Mr. BYRD. Mr. President, I thank that I have received from both leaders would be the appropriate time for it to both Senators. I am fully satisfied with in response to concerns such as this, occur. The Democratic leader has indi- the colloquies that have resulted from that I have expressed. cated to me that he would support such my inquiry. I foresee that we Senators are going an action in the early summer of this May I say to the distinguished major- to be even more proud of our leaders in year as we begin the appropriations ity leader that I do not believe we had the future than perhaps we have been process, and I look forward to his co- the 10 minutes for each leader back at some times in the past. I see not operation at that time, when we have when I was the majority leader the only a willingness but a desire on the the vote which would reinstate the first time in 1977. I think this practice part of both leaders to have Members point of order with respect to legisla- grew up in that period or soon there- speak to them about matters that con- tion on an appropriations bill. after. But in any event, as I thought I cern us. As I have noted, I followed I believe, and I think the Democratic said earlier, I have never known—I can- through on that, and that has not been leader would agree, that the process not remember a time in which such a the end of it. Both leaders have written has been abused in recent months. provocative situation might arise. I to me to let me know that they are There seems to be a growing use of this have never known that to happen. I aware of a matter and that they are opportunity, and, in some of the dis- have never known any majority leader working on it. I thank both, and I cussions that we had at the end of the or minority leader to transgress upon think it is to the credit of the two lead- session last year, I believe that point the confidence of the membership in ers, and certainly will redound to the was made by the Senator from South giving its acquiescence to the request. credit of the Senate, if we can have Dakota and perhaps the Senator from It is just that I thought there could be better order in the coming days. West Virginia. I think it was an such a situation. I thought we ought to I thank both leaders. unintentioned precedent that was set. I try to clarify it and thus prevent some The PRESIDING OFFICER. The ma- do not think it is in the best interests future misunderstanding. I am satisfied jority leader is recognized. or the long-term interests of the Sen- with what has been said. Mr. LOTT. I thank again the Senator ate. I would like for us to preserve rule While I have the floor, so that I will from West Virginia for his comments. I XXVI of the Standing Rules of the Sen- not impose upon the leaders too much, am pleased that he noted this unani- ate. I think the Senate would be better there was a second request made, and mous-consent agreement. The Sergeant served if we would do that, preserve it was agreed to, and I just rise at this at Arms is on the floor. We have dis- that rule. So we will look for the op- time to compliment the leaders on cussed this matter, and we are under- portunity, the best opportunity we can making this unanimous consent re- taking procedures to set up this rota- find, to consider changing back that quest and also on the progress that is tion of staff members. We are making precedent. being made and being discussed to sure that Senators are informed of The PRESIDING OFFICER. The mi- which the majority leader has just re- that. We will remind Senators, prob- nority leader is recognized. Mr. DASCHLE. The overturning of ferred, anent disorder in the Chamber. ably on the 21st, of a number of these the Chair, back in March 1995, had far- In recent years, we have allowed too types of things so that they will not be reaching consequences, as the majority much gathering of staffs and too many surprised, and call on Members on both leader has indicated. By overturning conversations to go on in the rear of sides for their cooperation and cour- the Chair, the Senate no longer had the the Chamber, and it does not do the tesy. In fact, at the concluding part of legislation on appropriations point of Senate credit. I can remember when we our unanimous consent request today I order to keep legislative riders from had no benches; we even had no seats will make a few comments about how in the rear of the Chamber. The staff being added to crucial appropriations we are going to try to reestablish some bills. Many on this side of the aisle be- stood when they came to the floor. of the proper procedures, respect for They stood or sat on the floor of the lieve the point of order should be re- each other’s needs as Senators, and call stored. However, we also believe that Chamber, which I did not like. And it on our Senators to be aware of that and this situation should be remedied in was for that reason that I had, when I to assist us as we try to do that. So we the same way that it was imposed on was majority whip, chairs brought into are not going to forget and, while we the Senate; that is, by rollcall vote. So the Chamber and a large davenport so are not going to be dictatorial about it, I intend to work with the majority staffs would at least have a place to we are going to try our very best to ask leader to see if we can, by rollcall vote, sit. our Senators to recognize this is in the restore this point of order at some And then, later, I had the gallery— best interests of the institution and point in the early months of the 105th this gallery here to the northeast, I will allow us to do our work in a more Congress. guess it is—assigned to staff. Then I efficient and effective way, I do be- I thank the Chair and I yield the had these handsome benches and the lieve. floor. bannister put back here so the staffs Mr. BYRD. I thank the leader. We The PRESIDING OFFICER. The ma- could be appropriately accommodated. owe it to the Senate, we owe it to the jority leader is recognized. I am glad that the request includes the membership, we owe it to the people of f words, ‘‘and that the Sergeant at Arms the United States of America with be instructed to rotate such staff mem- whom the power resides. UNANIMOUS-CONSENT AGREE- bers as space allows.’’ I want to thank I thank the leader. MENT—INTRODUCTION OF LEGIS- LATION the leaders for including that language. f I especially want to take the floor Mr. LOTT. Mr. President, I ask unan- LEGISLATION ON AN here so that the Sergeant at Arms and imous consent that the introduction of APPROPRIATIONS BILL all Senators—the leaders need our co- Senate bills, concurrent, joint, and operation as well—so that the Sergeant Mr. LOTT. Mr. President, originally I simple resolutions not be in order prior at Arms and all Senators will be well had thought that at this point the Sen- to Tuesday, January 21. aware that when more staff members ate would grant a unanimous consent The PRESIDING OFFICER. Without are in the Chamber than the seating that would in effect make null and void objection, it is so ordered. accommodations will allow, then there the precedent set in March of 1995 with Mr. LOTT. This now establishes is a special gallery for staffs, and I respect to legislation on an appropria- Tuesday, January 21, as the first day in would hope that the Sergeant at Arms tions bill. Having spoken with the which Members may introduce legisla- would help us to keep the number of Democratic leader, we both feel, now, tion. I will inform my colleagues that staff people in the Chamber down. I as- that the Senate would be better served Members may make statements during sure both leaders they will have my co- by conducting a rollcall vote that the next day or two regarding any pro- operation. I try, as I see that there are would overturn the precedent. posed legislation, however all Senators

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S11 must wait until January 21 to formally business today, it stand in recess until agreement on a bill that can pass the introduce such legislation. 12:30 on Thursday, January 9. Senate, one that will not be filibus- I might note that we have been work- The PRESIDING OFFICER. Is there tered by the Democrats or by the Re- ing very aggressively to get organized objection? Hearing no objection, so or- publicans. Clearly, we have some dis- quickly. We agreed early on the com- dered. agreements on what the solutions are, mittee ratios. I believe both parties Mr. LOTT. Mr. President, for the in- but I fear that if we try to put a spe- now have decided most of their com- formation of all Senators, on Thurs- cific date on it, it will make the likeli- mittee membership. The committee day, January 9, at 12:40 p.m., the Sen- hood of our success less likely or more chairmen will be elected by their re- ate will proceed as a body to the Hall difficult. spective committees today, ratified by of the House of Representatives for the I think that the Senate should pro- our conference tomorrow. I assume the counting of the electoral votes at 1 ceed always with thought and thor- same thing will occur or has occurred p.m. Senators are asked to be prompt oughness and try to see where we can on the Democratic side. Hopefully, by and in the Chamber no later than 12:30 come together. We can establish right Thursday we will have available to the on Thursday. Following the counting here right now what we can’t agree on. Senate the list of all the committee of the votes, the Senate will adjourn The question is what can we agree on. membership and we will be ready for until Tuesday, January 21, 1997. So we are intent on working on that. business. f The various committees have some There are a number of committees things they are going to have to work that intend to start hearings this week PROVIDING FOR ADJOURNMENT OF THE SENATE on. The Rules Committee has an as- on some issues, as I understand it, like signment right now that they are going airbags; perhaps some early hearings Mr. LOTT. Mr. President, I send an to have to work on. I am going to urge adjournment resolution to the desk on confirmations of the President’s Senator WARNER not to let that inter- nominations. Again, next week I under- providing for adjournment of the Sen- fere with getting together in a bipar- stand that there will certainly be hear- ate over until Tuesday, January 21. I tisan way to see if we can come up with ings on the nominees that the Presi- ask unanimous consent that it be re- some agreement. ported by title, agreed to, and the mo- dent has submitted to the Senate. We We have the confirmations which we tion to reconsider be laid upon the are anxious to cooperate with the will be trying to do. We have a lot of table. President, work expeditiously on these things coming to the forefront. I am nominations from the Executive Cal- The PRESIDING OFFICER. Is there objection? hoping, for instance, that we can take endar, and the day after inauguration, up and consider the so-called ISTEA or certainly that week of the inaugura- Mr. WELLSTONE. Reserving the right to object. bill, the highway bill, before the Easter tion, we hope to have some of these recess. It is a reauthorization we have nominations ready for a vote of the full The PRESIDING OFFICER. The Sen- ator from Wisconsin is recognized. to do. It is very important all across Senate. I believe the cooperation by this country. I am not saying it is as the Democratic leader in this effort Mr. WELLSTONE. Mr. President, I have had some discussion with the ma- important or more important than will allow us to concentrate on that. campaign finance reform. I am just And then we will have our opportunity jority and minority leaders on this question. I feel very strongly, and I saying there is a lot of work we need to to introduce our first bills on the 21st, do. make our statements, and get going for think that an overwhelming majority On the 21st, it is my hope and desire, business. So I appreciate your coopera- of people in the country feel, that there after notification of the Democratic tion, Senator DASCHLE. is no more important thing we can do leader, to inform all Senators what the Mr. DASCHLE. If the majority leader than to pass a reform bill and get a lot bills are that we hope to deal with be- will yield for a moment to let me make of this big money out of politics. fore the Easter recess, perhaps on the a comment, I fully share the views ex- In this last election cycle, we saw the floor. It will not be all inclusive. pressed by the leader with regard to worst of the worst on top of a system the timeframe within which legislation that has not worked well for the people I will be happy to talk further with will be considered and introduced. We in the country. I feel like we should the Senator from Minnesota. We are will be holding a conference tomorrow not—go into recess and we ought to get not going to try to shove this aside. I to talk in part about the intentions of started on this. I wonder if the major- don’t think we can. There are too our caucus to introduce the first 10 ity leader can make a commitment many questions raised by this election. bills, numbered S. 11 through S. 20. But that within the first 100 days, we will There are too many questions about let me also emphasize how appreciative at least have such a bill on the floor of how contributions are made, who we are with regard to the early consid- the Senate. makes them, how much they can make. eration of some of the nominees by the Mr. LOTT addressed the Chair. I don’t think we have all the answers administration. They have emphasized, The PRESIDING OFFICER. The ma- yet, though, and to say we are going to on a number of occasions, their desire jority leader. do it in a 100-day demarcation—I have to have their people in place as quickly Mr. LOTT. I will say to the distin- not even had a chance to look at the as possible. That requires, of course, guished Senator that it is my intent to calendar and see what that means. It early consideration and early con- urge early consideration of the issues might be during the middle of the pe- firmation of many of these nominees. that came to the forefront during the riod that we said we would be out for The distinguished majority leader campaign and the election last year. I the Easter recess. again has reiterated his desire to do have asked the Governmental Affairs I have tried working with Senator that, and I am appreciative of that and Committee to be the only committee DASCHLE to tell Members more this will work with him to accommodate to take a look at some of the alleged year than has usually been the case that schedule. violations that occurred—perhaps some what they can expect or anticipate in So, I think we are doing the very best illegalities even, in terms of contribu- terms of being out. I would like, at we can in meeting all of the different tions during the campaign—to see if least, to have us sit down and look at demands that we have upon us, there is anything there that will jus- the calendar and see what this means schedulewise, and I appreciate very tify proceeding further. I am not pre- and how it affects other things, such as much the interest in moving ahead on judging that at all. budget negotiations, the importance of many of these nominations. I also have had an early conversation bringing it up before the Easter recess. The PRESIDING OFFICER. The ma- with the chairman of the Rules Com- The law requires we act before April 15 jority leader. mittee and have asked him to have on the budget resolution. Why don’t we f some early hearings—and these are not try to do it before April 15 and comply intended to be dilatory at all—hearings with the law? In order to do that, and ORDER FOR RECESS to get into, seriously, what happened, the way that time falls, there is only 1 Mr. LOTT. I ask unanimous consent what needs to be done, to see if we can week after the Easter recess before the that, when the Senate completes its find a way that we can come to an 15th.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12 CONGRESSIONAL RECORD — SENATE January 7, 1997 I am hoping we will do—the House this matter. I am hopeful we can do have passed campaign finance reform and Senate working with the adminis- that. bills in the past. I voted for the one tration—the budget resolution before So, in working with the Senator from that is in law now. I believe, in more the Easter recess so we can come back Minnesota, and certainly with the ma- recent history, there have been occa- and get the final agreement on the con- jority leader and others, I believe we sions when maybe—I know the Senate ference report. are off to a start that ought to ensure passed a bill one year. I think it wound That is why I ask the Senator, if he some optimism with regard to our up languishing in the House. And then will, to give us the opportunity to show prospects for success on campaign fi- the reverse, I think, has happened. I our good faith to work seriously on nance reform this year. really believe from my time in watch- this matter, but without any arbitrary Mr. WELLSTONE. Mr. President, re- ing the Senate that some time is your deadline before we even have a chance serving the right to object, I appreciate ally, giving things an opportunity to be to sit down and see what it means on the discussions that I have had with carefully considered and percolate the calendar. the majority leader and minority lead- along a little bit. Several Senators addressed the er. I was trying to get back to them as Last year a lot of people talked about Chair. they were going through the resolu- how we were able to get a lot of legisla- The PRESIDING OFFICER. The mi- tions. tion passed at the end of the session. nority leader. I guess when I hear the majority One of the reasons is a lot of those bills Mr. DASCHLE. Mr. President, can I leader and minority leader speak about had been in the mill for months, some also make a comment? Let me, first, this and other business that we have to of them 2 years, some of them 10 years. compliment the distinguished Senator transact, while I absolutely am con- But they finally were ready, and they, from Minnesota for his adamant en- vinced about their commitment, it just in most instances, had broad support. dorsement of the need to move ahead brings into even sharper focus for me So there is a history of our making a on campaign finance reform. I share his the need for this body to make a com- run at it. We make a stand, we make a utter frustration and extraordinary mitment: that we will by the end of 100 statement; we get nothing. Are we in- concern for the current method with days have a bill on the floor of the Sen- terested in making a statement about ate. We have been talking about this which we finance our campaigns. I our concern, or are we interested in for a long, long time. I don’t have the share it to the degree that I intend to getting something done? I think the experience some Senators do. I am just offer, as the very first bill that I will latter is the case. introduce, in consultation, of course, starting my second term. But every When you talk about 4 months, for with our conference tomorrow, S. 11, a single time this has come up, speeches instance, are you talking about April? campaign finance reform bill built have been made, and then we end up Once again, if you are—January, Feb- not passing a reform bill. I think noth- upon the remarkable work done by a ruary, March, April—you are not talk- ing could be more important than for previous majority leader, Senator ing about much difference from the BYRD, years ago, as well as Senators us to make a commitment. What about within the first 4 months first request. When you add again, FEINGOLD, KERRY, and others who have when you look at the budget issue, played a key role in this debate in the as opposed to the first 3 months? Can the majority leader make a commit- when you look at the potential for past. I will do so with every expecta- ment that he will do everything pos- when we deal with the Chemical Weap- tion that we can succeed, at long last, sible to try to have a bill on the floor ons Treaty, if we do come to that to pass meaningful, comprehensive of the Senate within a 4-month period? agreement, that understanding, I be- campaign finance reform this year. That is reasonable, and that is all I am lieve there is a significance to April 15 And I feel as strongly as the Senator asking for. for that. from Minnesota that the legislation I think the majority leader is com- I just again implore my colleague should be considered as early as pos- mitted to this. I want to say to my from Minnesota not to try to set a spe- sible. It is long overdue. friend, and he is a friend, that of course cific date. This is not going to be your But, as the majority leader has indi- I am not judging what the specific con- last opportunity. This is only your first cated, some of that work is already tent will be. I am not requesting any opportunity. You will have an oppor- being done, and there are other issues commitment to a particular content, tunity to witness our conduct and that must also be considered on a time- but I am requesting a commitment judge whether or not it is being seri- ly basis. For example, I am concerned— that we go on record and—you know, if ously discussed. There are a lot of peo- and I discussed this again with the we had to have a vote on this, then I ple with a lot of different interests here President as recently as yesterday— think it would be a vote as to whether that Senators have who have worked about the need to accelerate consider- or not Senators, Democrats and Repub- on it in the past, like Senator FEIN- ation of the chemical weapons treaty, licans, are serious about taking action GOLD or Senator MCCAIN and Senator because if we are not able to complete within a 4-month period, which is very MCCONNELL, and others who feel more our work on that particular measure reasonable. I do not know how many concerned about it this year than they prior to the first part of April, we will votes there would be, but I think that did even a year ago. suffer extraordinary diplomatic and is what it is about. I want to be count- I have talked with a lot of Senators legal consequences in the international ed as someone who is willing to make already and outside groups that are community. a commitment to this. concerned in all kinds of ways about So not only do we have the budget, Would the majority leader be willing how we do this. We are not ignoring it but we have the chemical weapons to make a commitment that certainly at all. You are working on it. We are treaty and a number of other issues with his considerable skill and ability working on it. We are already making that will have to be addressed. That he will, along with the minority leader progress. You have a bill that perhaps does not mean we cannot begin to work with his skill and ability, that the two is the same bill, perhaps with some and work through all of the issues re- of them together as leadership, will modification, as the bill last year spon- lating to campaign finance reform in a make a commitment that within the sored by Senators FEINGOLD, MCCAIN timely, meaningful and, hopefully, bi- first 4 months they will do everything and others. But let us get started. Let partisan fashion. We must do that, but possible to take action and have the us see how we do. And the Senator can we don’t need immediate floor time debate that the people in the country witness our advent. necessarily to do that. We do need a are ready for and pass—and pass—the Mr. DASCHLE. Mr. President, if I commitment on both sides to begin piece of legislation? We do not have to could just also respond to a couple working together to finally enact fair, say ‘‘pass,’’ but at least bring a bill to things. meaningful reform. the floor. The PRESIDING OFFICER. The mi- The majority leader has given me Mr. LOTT addressed the Chair. nority leader. that commitment in the discussions we The PRESIDING OFFICER. The ma- Mr. DASCHLE. First of all, let me have had with regard to both the com- jority leader. say I have not had the opportunity to mittees, as well as his individual ef- Mr. LOTT. Mr. President, just a bit talk with Senator FEINGOLD and Sen- forts, to come to some resolution on of history, as I recall it. Of course, we ator MCCAIN and Senator John KERRY

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S13 and others, including Senator LEVIN, make every effort possible to have this a willingness to work together, again, who expressed a real interest in this bill on the floor within the next 4 with the clear understanding that I am issue as to what timeframe they would months. And if not, then I think I will every bit as committed as he has indi- propose. object. cated he is to campaign finance reform. I would like to seize on the phrase Mr. LOTT. Mr. President, before the I also urge the Senator to cooperate that the distinguished Senator from objection is heard, I would like to and to work with us on this particular Minnesota used just a moment ago. make one additional point. matter. That is ‘‘make your best effort.’’ He If the Senator objects, then we will Mr. WELLSTONE. Mr. President, fi- said, ‘‘Will you make your best effort?’’ have to put in a quorum and go with nally, and so we can move forward, just And he suggested a timeframe. I think another alternative, which would be to one more time for the context, this is I can say on behalf of both leaders— basically have to recess over until the core issue. That is why I come to certainly for myself—that we are going every 3 days and the House and the the floor. I know other Senators feel to make our best effort. He knows my Senate then will have to make arrange- the same. I do not lay any claim to resolve to get this effort accomplished ments to come in every third day, to more righteousness about it. This is a in a successful way. I think the distin- call our staff to be here, and to go core issue. guished majority leader has also ex- through the costs of doing that. I just People in the country have just abso- pressed a determined interest in find- do not think that is the way we want lutely lost their confidence in this po- ing ways to do it. to begin the year, going through an ex- litical process. I do not think they are We will make our best effort and we ercise that is not necessary, that does real optimistic about our taking any will do everything possible to bring cost time and money, without accom- action. In all due respect to the leader- this to the floor at the earliest possible plishing anything. ship, I have heard too many of my own time with the greatest degree of expec- I again implore the Senator to think colleagues talk about reform and then tation that we will succeed. It is my about what we have had to say, and I dismiss it, saying it is not going to hope that we will succeed in 100 days or ask him not to object at this point on really happen. I already hear the dis- 4 months or at some timeframe within our opening day. This is just the kick- cussions of how people can raise money the first part of this year. I wish we off. Let us not fumble on the first play for the next cycle. had succeeded in previous Congresses. and look at the alternative. The only request I made of leadership And I have a very strong sense of ur- The alternative, if the Senator ob- today—and the wording really is, I gency about reforming the system as jects—we are not going to get a re- think, very modest. It was just a com- soon as possible so that we can restore corded vote on it. We are going to go to mitment from the leadership. I started some public faith in our electoral sys- another alternative, which will lead to out 100 days, at least within the next 4 tem and get on with other pressing inconvenience and costs without any months, that the leadership would business. Still, I think what is more positive results. I hope the Senator will make a commitment to do everything important than the day we start floor also factor that into his feelings. The possible to get a reform bill on the consideration is the sincerity of the ef- Senator has not, and I have not, al- floor of the Senate. That is all I asked fort itself and a commitment to that lowed this to become acrimonious or for. effort on the part of both sides. I think partisan. I do not want it to be. But the Now, Mr. President, the majority that you have heard that demonstrated Senator would leave us no option at leader said, well, the only alternative again this morning. this point on our first day but to con- is to go into recess. That is not the Mr. WELLSTONE. Mr. President, I sider another route. only alternative. That is not my alter- will not drag this on. I have some So I remind the Senator one more native. We have a vote. We can have a mixed feelings. I think I will have to time, too, that last year there were vote on adjournment. I know what the object because, again, I have tremen- enough different times that I made vote will be. I am sure there will be an dous respect for both leaders, but when some commitments to him that were overwhelming vote for adjournment. I hear language about ‘‘best effort,’’ not necessarily well received on my But if there are only two people, one, ‘‘within as reasonable a time period as side. But we kept our word. We got the or three that say, ‘‘No, we are ready to possible,’’ it just represents really not job done. I may not be able to do just take on this reform and get to work,’’ any kind of specific commitment at that same sort of thing this time. But I am proud to be counted as the one or all. I hope that the majority leader’s assur- two or three. This is not the only alter- I will just say that those who have ances on opening day, based on my rel- native. worked on the reform—and the Senator atively short time but the record that Mr. DASCHLE. I suggest the absence mentioned many; the Senator men- I have, would have weight with the of a quorum. tioned Republicans as well as Demo- Senator from Minnesota. We are asking The PRESIDING OFFICER. The crats—every one of them has said, if we the Senator, both of us, the leaders, to clerk will call the roll. let this drag on, we are going to have give us this opportunity to show our Mr. DASCHLE. Mr. President, I with- more and more acrimony, given all good intentions. Then if the Senator is hold for a moment. sorts of hearings and whatnot coming not satisfied with it, come back again. Mr. MCCAIN. Mr. President, I was up, and we are going to make a huge Mr. DASCHLE. Mr. President, if I watching on television the discussion mistake. We need to make this a pri- could also add, the majority leader has going on here. I just urge my colleague ority of this 105th Congress, and we referenced times when we have very from Minnesota to let us go ahead with need to focus on this, and we need to willingly accommodated the Senator the ordinary historical business of the get the job done. I think a 4-month pe- from Minnesota. I can recall on a num- Senate. He and I share the same zeal, riod is more than reasonable just to ber of occasions over the last 24 dedication, and effort toward getting have a commitment from the leader- months requests made by the distin- this issue done. I appreciate the com- ship to make every effort possible. I am guished Senator from Minnesota that ments of the majority leader and of the willing to go with that language to we have been able to accommodate to distinguished Democrat leader. have such a piece of legislation on the suit schedules and to suit other legisla- I think at this point it would not be floor of the Senate, understanding that tive needs. I will certainly look for- appropriate for us to begin the very this is the core issue. ward to accommodating his needs and first day of the U.S. Senate, the first I think really this is an issue that requests during the 105th Congress. day of the new term, for us to begin on people are talking about more than I hope that Senators who have objec- this note. I think we will have plenty any other issue in the country right tions will notify me personally prior to of time to adopt that strategy and tac- now. I do not think it is unreasonable. the time they are going to come to the tic. I do not like for us to discomfort I thought 100 days, and I thought 4 floor with indications of this kind. It is our colleagues on this day of celebra- months. I do not think it would be un- cumbersome and certainly has created tion for both new and reelected Mem- reasonable at all for me to make this difficulties for Senators who are not bers. I think that the issue has to be request. I do not know why the leader- here. So it is my hope, too, to accom- addressed as quickly as possible. I be- ship would not be able to say we will modate Senators, to demonstrate again lieve that American public opinion will

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S14 CONGRESSIONAL RECORD — SENATE January 7, 1997 demand that we move forward. I do not Minnesota for his cooperation this Resolved, that the U.S. Senate congratu- think there is any doubt about it. afternoon. He feels very, very strongly lates the Honorable Robert C. Byrd, the sen- I urge my friend from Minnesota to about this issue and has confirmed that ior Senator from West Virginia, for his 50 let the Senate move forward on this years of public service to the people of West again in a colloquy over the last half Virginia and to the United States of Amer- day, this very important day, before we hour. I appreciate very much his re- ica. have to start calling people back here solve and intend to work with him very SEC. 2. The Secretary of the Senate shall and going into quorum calls and that carefully and closely to see that we ex- transmit a copy of this resolution to Senator kind of thing. This is, if I may say in peditiously consider this very impor- Robert C. Byrd. all due respect to my friend from Min- tant legislation. The PRESIDING OFFICER. Without nesota, not appropriate on this day. I Mr. LOTT. Mr. President, did the objection, the resolution is agreed to. urge my friend from Minnesota allow Chair rule that the unanimous-consent The resolution (S. Res. 7) was agreed the Senate to move forward, again, re- request was approved? to. emphasizing my commitment to him The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I want to that we will move forward in a bipar- unanimous-consent request has been heartily endorse this resolution. I tisan fashion on this compelling issue. approved. thank the people of West Virginia for Mr. DASCHLE. I suggest the absence The concurrent resolution (S. Con. electing Senator ROBERT C. BYRD to of a quorum. Res. 3) was agreed to, as follows: these many offices, both in West Vir- Mr. WELLSTONE. Could I ask my ginia and here in the U.S. Senate. He is S. CON. RES. 3 colleague from Arizona—I do not think truly a monumental Senator in terms Resolved by the Senate (the House of Rep- it puts him on the spot—I have no resentatives concurring), That when the Sen- of importance and perspective in the question about his commitment or the ate recesses or adjourns on Thursday, Janu- history of the Senate. I sat here in my commitment of any number of other ary 9, 1997, pursuant to a motion made by the chair a month ago and listened to Sen- Senators. I find it puzzling that the Majority Leader or his designee, in accord- ator BYRD speak to the new Senators only thing I asked for today—because I ance with the provisions of this resolution, it about this institution, about its his- do have a real fear this is just going to stand recessed or adjourned until 12:00 noon tory and the importance of it and the get put off and we are not going to on Tuesday, January 21, 1997, or until such significance that it has played in the take action—the only thing I asked for, time on that day as may be specified by the role of this country. It was extremely Majority Leader or his designee in the mo- interesting and, also, in some respects, and maybe my colleague did not hear tion to recess or adjourn, or until 12:00 noon this, was a commitment from the lead- on the second day after Members are notified intimidating because he made us aware ership to do everything possible, I used to reassemble pursuant to section 2 of this of what an awesome responsibility we that word, and I started with 100 days, concurrent resolution; and that when the have here in the U.S. Senate. I enjoyed within 4 months, and get a bill on the House adjourns on Thursday, January 9, 1997, it thoroughly. floor. That is all I ask for. it stand adjourned until 10:00 a.m. on Mon- I appreciate his friendship. I have I think it would be very important to day, January 20, 1997; that when the House found that he is one that you can go to get that kind of a leadership commit- adjourns on Monday, January 20, 1997, it for counsel and for advice. Even some- ment. stand adjourned until 12:00 noon on Tuesday, times when he does not agree with Mr. DASCHLE. Mr. President, I had January 21, 1997; and that when the House what you are trying to do, he will give adjourns on Tuesday, January 21, 1997, it you a straight answer as to what you suggested the absence of quorum. I stand adjourned until 12:30 p.m. on Tuesday, think we need to have the oppor- February 4, 1997, or until 12:00 noon on the could do under the rules. He has a tunity—— second day after Members are notified to re- lighter side you don’t always see here, The PRESIDING OFFICER. Does the assemble pursuant to section 2 of this con- but we know he has been seen playing majority leader yield? current resolution. a little fiddle and talking about Billy Mr. LOTT. Mr. President, I join the SEC. 2. The Majority Leader of the Senate Byrd, his dog. He is quite a Senator. distinguished Democratic leader in and the Speaker of the House, acting jointly We appreciate so much his contribu- suggesting the absence of a quorum. after consultation with the Minority Leader tion to this institution. I am delighted The PRESIDING OFFICER. The of the Senate and the Minority Leader of the that we are doing this resolution recog- clerk will call the roll. House, shall notify the Members of the Sen- ate and the House, respectively, to reassem- nizing his 50 years of outstanding serv- The assistant legislative clerk called ble whenever, in their opinion, the public in- ice to West Virginia and the United the roll. terest shall warrant it. States. Mr. LOTT. Mr. President, I ask unan- Mr. DASCHLE addressed the Chair. imous consent that the order for the f The PRESIDING OFFICER. The quorum call be rescinded. COMMENDING SENATOR ROBERT C. Democratic leader is recognized. The PRESIDING OFFICER. Without BYRD FOR HIS YEARS OF PUB- Mr. DASCHLE. Mr. President, tomor- objection, it is so ordered. LIC SERVICE row marks the momentous day in the Mr. WELLSTONE. Mr. President, I Mr. DASCHLE. Mr. President, I send life and career of one of this Chamber’s have listened to my three colleagues, a resolution to the desk commending most esteemed and respected Members. and having been sworn in today I un- Senator ROBERT C. BYRD for his years Fifty years ago, on January 8, 1947, derstand their point about the occa- of public service, that the clerk read ROBERT C. BYRD took his seat in the sion. So what I want to do, in the spirit the resolution, that upon its reading, it West Virginia State Legislature, thus of the special day today, I withdraw be agreed to and the motion to recon- beginning a remarkable half century of my objection, but I want to go on sider be laid upon the table. public service. I have quite an exten- record, I am going on record today that The PRESIDING OFFICER (Mr. sive statement that I wish to make fol- I am going to have the same amend- KYL). The clerk will report. lowing the completion of our resolu- ment dealing with our recess in Feb- The legislative clerk read as follows: tion and consideration. I must again ruary if we do not get to work on this. congratulate our distinguished Senator S. RES. 7 We should not be taking a recess in for a remarkable career. We saw an- Whereas, the Honorable Robert C. Byrd has other demonstration of his intellect February if we are not going to take up dutifully and faithfully served the people of this piece of legislation of reform as West Virginia since January 8, 1947; and his institutional memory and the soon as possible, that we are dragging Whereas, for 50 years, he had dedicated remarkable contribution he makes to it out, and I can see what is going to himself to improving the lives and welfare of that just this afternoon as he talked happen. the people of West Virginia and the United about the early days of this Senate and So today I will not object, but I will States, how the President pro tempore was se- come out with a similar initiative, I Whereas, his 50-year commitment to public lected and the length of time it took say to my colleague from Arizona, and service has been one of total dedication to and the degree to which we followed serving the people of his beloved state and to procedure in ensuring that we notify maybe we should be working today and the highest ideals of public service, saying we should not be in recess in Whereas, he has held more legislative of- both the President and the House of February. fices than anyone else in the history of his Representatives in proper order. It was Mr. DASCHLE. Mr. President, let me state, and is the longest serving Senator in a small yet very significant contribu- thank the distinguished Senator from the history of his state: Now, therefore, be it tion to our dialog this morning and,

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S15 again, a reminder of what an invalu- stand back because they know he is the point where he has such accolades able and remarkable Senator ROBERT right. They know he is right. They pushed in his direction every day. C. BYRD is. know he speaks for the U.S. Senate, I know that his first election was an I will have much more to say after which he reveres so much. interesting election, one where, seated we complete our work. I commend him. Let me close by saying that on this often, as I understand, in the West Vir- The PRESIDING OFFICER. Without coming Saturday there is going to be a ginia State legislature were many, objection, the resolution is agreed to. statue inside the West Virginia Cap- many people who were running for that The resolution (S. Res. 7) was agreed itol, which is not really much smaller office. Senator BYRD, being the person to. than the one we stand in at the present that he is, decided he needed to be a (Mr. KYL assumed the chair.) moment. It is a statue of Senator little bit different, to kind of stand out Mr. ROCKEFELLER. Mr. President, I BYRD. There is no other statue of any in the crowd, to be elected. So he de- am very, very proud to be a part of this other political person in the West Vir- cided that he would be different from resolution and to thank Senator ROB- ginia State Capitol. There will be a lot the rest. The people would give long ERT C. BYRD on behalf of the people of of people there, and for good reason— speeches telling why they should be West Virginia certainly, but also, because the relationship and the chem- elected to the State legislature. Sen- frankly, the people of the United istry between Senator BYRD and the ator BYRD would get their attention by States and the whole process of order, people of West Virginia is something playing a tune on his fiddle and singing which is the way we govern ourselves. that is profoundly moving and impor- a song. Senator BYRD was elected. I think extraordinary in history, he is tant and refreshing, frankly. Early in his career he decided to run the third Senator to be elected to seven We honor him for serving for 50 for the West Virginia State Senate. 6-year terms—a remarkable accom- years, which means he has been out But, as happens in a lot of States, plishment. amongst the people all this time. He there are kingmakers saying, ‘‘You run The Almanac of American Politics has never changed. The people of West for this, you don’t run for this, this says that ROBERT C. BYRD is the kind Virginia have really never changed. He isn’t the appropriate time to run.’’ of Senator that the Founding Fathers is a man of values speaking to a people Someone who was a national figure had in mind when they, in fact, wrote of values. It is interesting. As he begins thought that there would be other peo- the Constitution about the way the to talk, you see people fall silent. They ple who would be better qualified to Senate ought to be. That should not realize they don’t want to miss what serve in the West Virginia State Legis- come as a surprise to any of us who Senator BYRD might be saying because lature. The great John L. Lewis, presi- know him well. they know it is not going to be trivial We have heard so many times the or political, and it is going to be impor- dent of the Mine Workers, got word to fact of his being a truly self-made per- tant. It is going to have to do with fun- Senator BYRD that he should not run. son, something which his junior col- damental values and the fundamental Of course, we all know now Senator league could not claim in quite the nature of the way this country ought BYRD, and that was the wrong thing to same fashion. But we know that he is to be and the way the State of West say to this man from the hills of West the son of a coal miner, and we know Virginia ought to be. Virginia. He took on the leader of the about the law degree while he was in So I look forward to being with him Mine Workers, someone that literally the House of Representatives. What we this coming Saturday. I join with the brought the country to a standstill. have to keep emphasizing, though, is distinguished majority leader, the But this man could not bring ROBERT what he means not just to the State, Democratic leader, and the distin- BYRD to a standstill. He ran and was not just to the country, but to this in- guished Senator from Nevada in prais- elected. stitution, because more than any other ing and being grateful to my senior col- Everyone knew that this man was person that I have read about in his- league. close to the miners—may not have tory, or know about, he is the con- The PRESIDING OFFICER. The Sen- been close to labor, but he was close to science of the Senate. When we have a ator from Nevada. the miners. And he was elected. Mr. REID. Mr. President, I appreciate lack of civility, when we lose our sense Well, his career is outstanding. I can very much the two leaders allowing me of bipartisanship, when there is anger truly say that one of the most pleasant to speak. I can say that it has been on the floor of the Senate, when the moments of my life was when I came to somewhat of an inconvenience for me process breaks down, he grieves. He the Senate some 10 years ago and was to wait until the business of the body notified that I could be on the Appro- grieves not on behalf of himself, but on has been completed before we got to behalf of this thing called ‘‘govern- priations Committee. That, to me, was this matter. But the inconvenience to so memorable that I will never forget ance,’’ which is pretty fundamental for this Senator is so minor compared to the future of our country. I think he it. I have done my best to serve on the the service that has been rendered in Appropriations Committee in a manner worries about that. I know that he this body to the people of West Vir- places the U.S. Senate as a particularly that I think is good for the State of Ne- ginia, and to this country, by the Sen- vada, and hopefully good for the coun- responsible body for what is going to ator from West Virginia, that it is happen to our future and how it will try. One person I look to as an example hardly worth talking about. in that committee has been the person happen. Will it be done in a way that is I am happy to be here to talk about who was chairman, and is now ranking bipartisan and civil—the business of ci- somebody for whom I have great feel- member of that committee, Senator vility in this greatest deliberative body ings. I have served in public office ROBERT C. BYRD. in the world? since 1964. My first public office was 33 I will more or less conclude on this. years ago. During that period of time I I learned early on that the man car- I really think of him in moral terms. have had the good fortune to serve ried in his pocket, as I now do, a copy From time to time, when I give speech- with great men and women, but I can of the United States Constitution. He es, I like to refer to when you are real- honestly say I have never served with carries that Constitution with him, not ly doing your best work, you are fol- the likes of Senator ROBERT C. BYRD. because he probably couldn’t recite to lowing an inner moral compass. I think As far as this Senator is concerned, the Presiding Officer, and to this Sen- that I started talking about that after he is a unique individual. I hope some ator, every word in the Constitution watching Senator BYRD, not only when day that Senator BYRD will complete from memory, if he chose to do so. But I was Governor of West Virginia and what I understand he is working on, I think the reason he carries it there, before, but also here in the U.S. Sen- and that is the story about his life. I next to his heart, is because he believes ate. He really operates out of a moral know a little bit about the life of Sen- the Constitution is as important as any compass. He does what he thinks is ator BYRD. I am an avid history fan, document in this country. right. He has a very strict sense of the and every bit and piece I can find, and We all know the rules that guide this discipline of what ought to happen in have found, about Senator BYRD I have body, and the person that knows them this body. Sometimes he lectures us on tried to comprehend and understand. better than anyone else in this body— that, and sometimes people are briefly With someone of this magnitude, we and probably knows them better than impatient with that, but they always sometimes wonder how he arrived at anyone else in the history of this

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S16 CONGRESSIONAL RECORD — SENATE January 7, 1997 body—is the Senator from West Vir- Greek. He thanked them for having that over the years, whatever dis- ginia, who we are honoring today with permitted him to live in the age of appointments I bring upon them, I can this resolution. Sophocles. have the opportunity to make amends Mr. President, I had the good fortune Mr. President, I am very thankful for and to support them in the good work to be a member of a delegation that many things. I am thankful for the re- that they do. met in West Virginia with British Par- spect of my colleagues. My colleagues And so I thank all today for the liamentarians. We had the ministers upon more than one occasion—un- privilege and the honor that have been from Great Britain. We had other lead- doubtedly many of them—have been bestowed upon me by the Senators on ers. We met in West Virginia. After angered by things that I have said. I both sides of the aisle. I have also been having been there, I understand some am sure they have been frustrated with very fortunate in having had two good of the songs that come out of West Vir- me from time to time over the many colleagues in these 38 years. I had Sen- ginia, such as, ‘‘The West Virginia hills years. But they have always been for- ator Randolph to begin with and now I where I was born, and all is beautiful giving, understanding, and most con- have Senator ROCKEFELLER, who is a there.’’ siderate. And I thank them. I thank, of very fine colleague. I could not ask for What I am about to tell the Senate, course, the Supreme Governor of the a better colleague than either of them. and even though I was there, I find World for having let me live to serve Senator ROCKEFELLER has been espe- hard to believe. We had some enter- for 50 years the people of West Vir- cially supportive and deferential and tainment, some music—blue-grass ginia. kind to me. And so I have many things, music. It was exciting. They asked The psalmist tells us, ‘‘the days of Mr. President, for which to be grateful. Senator BYRD, ‘‘Tell us a song you our years are threescore years and ten; HARRY REID has impressed me in the would like to hear.’’ And he said, and if by reason of strength they be years he has been in the Senate. As a ‘‘There are more pretty girls than fourscore years, yet is their strength member of the Appropriations Com- one.’’ They played that song. It was a labour and sorrow; for it is soon cut mittee, many times I have asked him great song. I have heard it many times off, and we fly away.’’ I thank God for to chair subcommittee hearings when I since. his mercy and his kindness and his could not be there to do so, and he has Then he handed out notebooks to the love, for having let me live to serve the always done an excellent job. Members of the Senate and to the Par- people of West Virginia 50 years. He, too, is a Senate man. He is dedi- liamentarians. From memory, without I thank the people of West Virginia cated to the institution. I have had a note, he proceeded to recite the reign for having demonstrated the faith and many conversations with him. I feel of the British monarchs, the date they confidence in me to reelect me these highly privileged to have him as my served office, their names, and what many times over a period of a half cen- friend. they did. That took about 40 minutes tury. Tennyson said, ‘‘I am a part of all or so for him to do, or maybe an hour. Queen Mary I of England lost the that I have met.’’ How rich I am in The British Parliamentarians were port of Calais to the French. Mary that I am a part of HARRY REID and flabbergasted. They had never heard served from 1553 to 1558. She said, JAY ROCKEFELLER and TOM DASCHLE anything like this in their lives. But, ‘‘When I am dead and opened, you will and TRENT LOTT. as happens in this body, there are find ‘Calais’ written on my heart.’’ I I thank both leaders again for their many times that we hear things that say to the people of West Virginia, consideration in giving me this time. I we have not heard any time in our ‘‘West Virginia’’ will always be indeli- yield the floor. lives, except from the Senator from bly engraved with blood upon my heart f West Virginia. until it returns to the dust. I could tell you about the remarks he I must thank a very understanding GRANTING FLOOR PRIVILEGES made on the Senate floor about the and forgiving and considerate woman— Mr. LOTT. Mr. President, did the Roman Empire, about which a course my wife Erma—who has served with me Senator from South Dakota have a res- at the University of Nevada at Las these 50 years. I think that our spouses olution he wanted to send to the desk Vegas is now being taught, using the sacrifice beyond what people generally concerning Senator CLELAND? text of his lectures here on the Senate know when we serve in this body. Come Mr. DASCHLE. Mr. President, I do floor. next May 29, we will have been married have a resolution, and I send it to desk Mr. President, the people of West 60 years. I had to have a forgiving and and ask for its immediate consider- Virginia should know that whether he understanding and cooperative wife ation. was leading the debate on the Panama who was as dedicated to the people of The PRESIDING OFFICER. The Canal treaty, or other international or West Virginia as I, to have done it. clerk will report. domestic matters, that his No. 1 pri- Finally, Mr. President, let me thank The bill clerk read as follows: ority has always been the people of my staff. I have always been blessed A resolution (S. Res. 8) granting floor West Virginia. It has been a great ex- with a good staff. I was once told by privileges. ample for all of us: to be involved in the chief chaplain of General Patch’s The PRESIDING OFFICER. Without international and national affairs, but army in World War II that a true mark objection, the resolution is agreed to. to never lose sight of the fact that you of genius is to be able to surround one- The resolution (S. Res. 8) reads as are elected by the people from your self with able, committed people. I follows: State and that the people in your State have had that kind of staff over these S. RES. 8 should have first priority. That is the many years, a staff that likewise has Resolved, That an employee in the office of most important lesson I have learned overlooked my foibles, idiosyncrasies, and has been cooperative and kind and Senator Max Cleland, to be designated from from the Senator from West Virginia. time to time by Senator Cleland, shall have I express to the Senator, through the has helped me when I had to walk the privilege of the Senate floor during any Presiding Officer, my affection, my ad- through the valley of despair—at my period when Senator Cleland is in the Senate miration, and my respect, and I hope grandson’s death. They, too, have chamber during the 105th Congress. that, in some manner, my public serv- served the people of West Virginia and f ice to the people of the State of Nevada the people of the Nation. ORDER OF PROCEDURE will be as well-served as the Senator I apologize to the leaders for impos- from West Virginia has served the peo- ing on their valuable time. I know how Mr. LOTT. Mr. President, I believe ple of West Virginia. it works. They have other things to do, we have completed now the customary Mr. BYRD addressed the Chair. other demands are made upon them list of resolutions and unanimous-con- The PRESIDING OFFICER. The dis- and other business is there to take care sent requests. I do have a statement tinguished Senator from West Virginia. of, other errands to run, and other that I would like to make on this open- Mr. BYRD. Mr. President, Plato services to perform, but always there is ing day, and then I believe the Senator thanked the gods for having been born some straggling Senator who comes to from South Dakota might have some a man, and he thanked them for the the floor who wants to take some time additional remarks he would want to good fortune of having been born a and talk. But I thank them, and I hope include in the RECORD with regard to

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S17 Senator BYRD. Also, after I complete sible so they can make some plans as anced budget. I think the plan is not this statement, I will ask unanimous to when they can be with their families enough. I think that the constitutional consent there be a period of morning or be with their constituents. amendment will add a great deal of business until 5 o’clock. But at this As a first step in that effort, last weight to that desire and, in fact, re- point I would like to make some open- month I provided the Democratic lead- quire us to have a balanced budget. ing remarks with regard to how we er and to all the Members on the Re- The Senate will, also in due course, would like to proceed this year and publican side of the aisle and to the consider the numerous nominations in some discussion about the legislative Democratic Members, a calendar out- the executive branch as the President schedule. lining the recess periods for the first restructures his administration for a Mr. DASCHLE. Mr. President, if I session of the 105th Congress. I strong- second term. It is my intention to deal could apologize to the distinguished ly intend to follow that calendar. But, with those nominations expeditiously majority leader, I have a couple of Sen- obviously, any Senator who tries to and fairly. I think the President is en- ators who have been waiting for me for delay our session or cause us problems titled to make his selections for Cabi- about a half-hour and I need to get into can mess up those good intentions. net Secretaries and other administra- the room. Out of respect for the Sen- But, barring emergencies, there is no tion positions and expect them to be ator, I should stay and listen to his elo- reason why the Senate should not be considered early and in a fair manner quence and his visionary comments able to function with a high degree of by the Senate. We will do that. As I in- about his plans for the 105th, and I predictability about the timetable. dicated earlier, we will begin hearings, apologize. I would like to come back That will require cooperation from our either this week or certainly next and make a statement with regard to colleagues all throughout the year, as week, and we hope to begin to have votes on those the week of January the the opening day as well as Senator we get ready to have the President’s 20th and 21st, right after the inaugura- BYRD, and I will do so at a later time. Day recess period, or as we go to the tion. Some of them may have some dif- But I apologize up front to the distin- Easter period, or even later on in the ficulty, may take more time, but, we guished majority leader for my absence year. With that in mind, I want to men- are going to move forward as rapidly as as he makes his remarks. we can. Mr. LOTT. I am sure he will read tion, in a general way, several matters I hope the Senate will be able to con- On both sides of the aisle there is them in the RECORD, Mr. President, and considerable interest in taking up some sider prior to the scheduled Easter re- will have some comment later. of the reauthorizations that come due cess. It is not inclusive, and it may not f this year. These should not be dimin- be that we will be able to get to these ished. They are very important. Cer- LEGISLATIVE SCHEDULE issues. It will depend on conversations tainly one of those is the ISTEA or Mr. LOTT. Mr. President, it is cus- on both sides of the aisle, communica- Inter-service Transportation Efficiency tomary on this opening day of Congress tion with the leadership on both sides, Act; that is the highway bill. This leg- to lay out the highlights of the legisla- meetings with the chairmen, and it islation is as complicated as it is im- tive schedule ahead of us and discuss will also depend on the ability of com- portant. It will not be partisan. It will whatever procedural problems or mittees to act. I will be more specific not be regional. It will not even be changes might be in the offing. later on this month, as I indicated. philosophical. It will vary from State First of all, I am not going to give By early February, the President to State. Sometimes you have States today a finite list, or a list that we will should have submitted to us a detailed right next to each other that have dif- have on the agenda that we will try to budget for fiscal year 1998. How that ferent views on how those funds should complete before the Easter recess, but will take shape—and what degree of co- be distributed between highways or I will do that on the 21st. I do want to operation might be involved there—re- mass transit, and what the formula mention some of the bills that I think mains to be seen. But, one way or the would be for distribution between the have a high priority that we will be other, the Senate will have to consider States. I think a lot of work needs to taking up early on in this session. a budget for the year ahead. I hope be done, but it is very important. It is no great secret that I would like that we will come to an agreement on Transportation and infrastructure in to make the schedule of the Senate balanced budget over a period of years. America is essential to our economic more predictable. I think that will help It will take a lot of effort, but a lot of growth and development, and the free us all do a better job. One of the things progress, I believe, was made last year movement of Americans all over this that I could not understand when I and the gap between the Congress and country. I hope we can get this done, first came to the Senate was the inabil- the President was closed perceptibly out of committee and on the floor of ity to make any kind of plans as to over those past months there, the last the Senate and completed by the when we would begin; when would we months of 1995 and early 1996. We ought Easter recess. It will take an extraor- end; could I get home for supper with to pick up where that ended and see if dinary degree of cooperation and con- my family; would I be able to go back we cannot come to an agreement that sensus, but the only way you get that to my State and be with my constitu- would lead us to a balanced budget done is to get started. ents. The uncertainty is killing in over a period of years. Needless to say, Also, in the same area of transpor- many respects, and so I am going to that budget is going to be one that will tation, there are a number of other work very hard as majority leader this be negotiated between the parties in proposals we need to consider such as year to try to give some greater degree the House and the Senate, and with the the problems that we are finding with of predictability. I will not always be President. airbags in passenger vehicles. Parents able to do it, but I will work with the Toward the same goal the Senate throughout America now are concerned minority leader as he leads the Demo- should, I believe, in due course, con- about the safety of their children in crats to try to make that information sider, again, a balanced budget amend- their cars. How do we go as long as we available as to when we will come in. ment to the Constitution. I know there have without realizing the danger that We will try not to go late every night. are those who do not agree with that they impose? Now it seems like every We will try not to go late every here in the Senate and they will cer- week we hear of another incident night. In fact, my hope is we will finish tainly have ample opportunity to be where some child was injured as a re- up at a very reasonable hour, hopefully heard and make their case. But I have sult of the airbag. There are, I pre- 6 o’clock every week, Monday, Tues- noticed that good intentions do not ac- sume, some solutions. But we need to day, Wednesday. We may have to go complish the job. Even a plan to get us think about that and work on it. late to some extent on Thursday. We to a balanced budget does not always We should also address the crisis in will need to be in on some Fridays and get us there, and we have not had a bal- American education. I am a product of some Mondays, but I will try my best, anced budget now in some, I guess, 28 what I think was a good public edu- again cooperating with the Members of years or so; 1969 was the last balanced cation system in America. My mother the other side of the aisle and their budget. So it looks like it will have was a schoolteacher for 11 years. I leadership, to make that information been 30 years that we will have gone as worked for the University of Mis- known to the Members as early as pos- a Federal Government without a bal- sissippi for 3 years, in their placement

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S18 CONGRESSIONAL RECORD — SENATE January 7, 1997 and financial aid office and in the In the area of criminal justice, the up to 30 minutes, and that inconven- alumni office. I worked with the stu- Senate should allow the death penalty iences all the other Senators who are dent loan programs. I worked with the for drug kingpins. There continue to be here ready to do business and go on to work-study program. I know the im- tremendous problems in this area and the next amendment or perhaps the portance of financial aid. I know the this is one place where we can provide next vote. importance of good, quality education. some additional penalties that will So we are going to try very hard to But over the years, since the 1960’s, hopefully allow us to deal with the stick with the 15-minute vote with a 5- as we spent more and more money, it drugs that are pushed upon our chil- minute overtime. Once again, the lead- seems that the quality of education has dren. ers will have to be willing sometimes continued to go down. You have chil- For small businesses, we should per- to say, ‘‘We have to cut this vote off.’’ dren in high school who cannot read. mit the electronic filing of forms with I have had to do that when it has in- You have children who do not have dis- SBA and other Government agencies. volved Senators on this side of the cipline. You have children assaulting This is the 20th century. It is almost aisle, as well as the other side. I think teachers. You have drugs in junior high the next millennium. Let us get with maybe if we make it clear we mean school. I am sure it is even in elemen- modern technology. It saves money, it business a couple of times, Senators tary school. These are major concerns. saves time, and it probably saves jobs, will be more inclined to come over and We may not have the answers in Wash- if we will move to this opportunity for vote when the time begins and within ington. I think probably the answers small businesses. the allotted time. But, again, we will really are at the local level. But we For adoptive families, we should use discretion wherever it is really nec- need to think about this problem and make it easier and more secure for essary. work with State officials and local offi- adoption to occur. Senator DEWINE and I hope we can continue to provide all cials, administrators, teachers, par- others have been working along those Senators advance information about ents, and children to see if we cannot lines. scheduling, especially such matters as find some ways to improve education, Finally, to fulfill a provision of the evening sessions and Mondays and Fri- the accessibility of education in Amer- omnibus appropriations bill of last days. If we all are able to plan in ad- ica, the safety of education in America. September, the Senate will vote some- vance, our work will be better, I be- We cannot tolerate violence and drugs time during the month of February on lieve, because we will have certainty in our public schools, so we need to a Presidential recommendation con- and will not be as exhausted as we focus on this issue and we need to do it cerning the AID’s population program. sometimes get when we go late into the soon. This vote is locked in and required by night. Our constituents will be better The Senate should affirm as a matter law. served, and our families will be much of principle that no child has to attend This is not—again I repeat—not an happier as a result of it. a school where he or she is in danger of exclusive list. By the time the Senate I look forward to the challenges we assault or is exposed to narcotics. I settles down to legislative business on have before us in the Senate. I had therefore hope that we will bring legis- January 21st, it is likely to be revised some people say when I was home in lation to the Senate soon that gives after I have had the benefit of the Mississippi, ‘‘You must get tired think- youngsters and their families the same views of Members on both sides of the ing of getting back and getting to choice in education that more affluent aisle and the committee chairmen and work.’’ families enjoy in America. I said, ‘‘Absolutely not.’’ This is what committee leaders on both sides. The Senate should also consider ways it is all about. This is a great oppor- We might add other items or delete to give families the flexibility they tunity to try to make a contribution some I mentioned as being just too need to balance their responsibilities for the people you love, your family, time consuming as we try to deal, cer- at home and on the job. Employers and your community, your State, and your tainly, with the budget agreement and employees should be able to arrange country. If we approach it that way, if other issues that are going to be re- comp time, flex time, and family-wage we decide we are going to work to- quired by law or by their urgency, in provisions without interference from gether, hard going as it may be some- Government. The President has indi- terms of possible treaties, as well as times, to do what is right for our coun- cated that he supports the flextime and confirmations. try, there will be no limit to what we Both the Democratic leader and I are the comp time, at least the flextime, can accomplish. and I think we ought to find out ex- hopeful this can begin a pattern of ad- Mr. BYRD. Mr. President, will the actly what we can do in terms that vance notification of recesses and floor Senator yield? have flexibility for parents on the job, agenda. But we have to stress that its Mr. LOTT. I will be glad to yield to but work with the employers and em- successful implementation will require the Senator from West Virginia. ployees together to find these solu- all Members to act in a cooperative and Mr. BYRD. Mr. President, I congratu- tions. courteous manner with respect to the late the distinguished majority leader By the same token, employees should needs of all other Members. on the speech that he has made out- have the flexibility to work in concert Let me mention one case in point. lining what he hopes to achieve in a with management for their mutual Members should be aware there is a 15- general way, without going into spe- benefit. They should not be locked into minute limitation with respect to roll- cifics, in the months and weeks and an approach to labor relations that call votes. Past practice has allowed days ahead. presumes conflict and discourages co- for an additional 5 minutes, so-called May I say, as one who has been ma- operation. So I hope we will be able to overtime, for Members who are running jority leader, who has been minority bring the TEAM Act to a vote in the late. However, the 5-minute overtime leader, who has been President pro near future. soon turns into 7 minutes, 8 minutes, 9 tempore, who has been a chairman of a Other legislative items that we minutes, or even more. The entire Sen- committee, who has been a Senator might be able to work on during the ate repeatedly has been inconvenienced like all 100 Senators, that I am particu- next 2 months should include reauthor- in that way. larly encouraged by these two leaders ization of IDEA, the Individuals with We try to be reasonable: Senators that we now have in the Senate. Disabilities Education Act. This legis- don’t hear the bells; sometimes they I think that with respect to the mi- lation is a very difficult balancing of get caught on the subway; sometimes nority leader, no one could be more conflicting interests. To his great cred- the elevators are not operating; some- considerate of his colleagues, more it, Senator FRIST came close to work- times for very good and valid reasons thoughtful, more eager to reach out ing it out last fall, but, frankly, the they are out in the city or across State and to bring them in to hear what they clock kind of just ran out and we could lines and they are trying very hard to have to say, to work with them. No one not complete the job. This time I am get back here, and we have had to use is more eager to work with the major- confident that we will bring in more some judgment. ity leader than our current minority consideration of various views and But, as we try to allow that latitude, leader. complete this very important legisla- it continues to grow and expand, and And may I say with respect to our tion. the time to take a vote can easily run current majority leader, I think we

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S19 have a leader who is interested in the riod for morning business until the Fifty years of public service. That is Senate, who is interested in putting hour of 5 p.m. today, with Senators a long time. Perhaps I can illustrate. the Senate where it ought to be— permitted to speak for up to 15 minutes It translates into two terms in the first—and who is interested in improv- each. West Virginia House of Delegates, one ing the decorum in the Senate so that The PRESIDING OFFICER. Without term in the West Virginia State Sen- the people who view this Senate, objection, it is so ordered. ate, three terms in the U.S. House of through that all-seeing electronic eye, f Representatives, and seven terms in will see a truly premier upper House. the U.S. Senate. THE 105TH CONGRESS We have students, we have profes- Since ROBERT BYRD began serving sors, we have young people in high Mr. DASCHLE. Mr. President, let me the people of West Virginia, 10 Presi- school, we have lawyers, State legisla- first congratulate, again, all of our new dents have occupied the White House— tors, and people in all walks of life colleagues and their families for this that is nearly one-fourth of all Presi- watching the Senate daily when it is in very momentous occasion. It is one of dents in American history. ROBERT session, and they expect to see the the most thrilling things for me to BYRD began serving the people of West best. watch new Senators come down the Virginia before 20 Members of this I have been a member of the State aisle, accompanied by a colleague, to Chamber, including this Member, were legislature in West Virginia, in both raise their right hand and to take the born. Before there was a CIA; before houses, but even in the State legisla- oath of office. I can recall so vividly there was a Marshall plan; before the tures—and they are closest to the peo- my own experience in that regard now Korean war. ple—even there they will look to the twice. I know, having had that experi- When ROBERT BYRD began his polit- U.S. Senate and to the other body ence, what a remarkable and what a ical career, Harry Truman had not yet across the way for inspiration. memorable opportunity it is for any upset Dewey or dismissed Gen. Douglas It saddens me to see a Presiding Offi- woman or man. MacArthur. Senator Joe McCarthy had cer in this Senate reading magazines or Let me also again reiterate my grati- not yet begun his infamous Red-bait- a newspaper or books when he is sup- tude to the majority leader for his re- ing. Lyndon Johnson was still in the posed to be presiding. Millions of peo- marks and for the kindnesses that he House of Representatives, and he was ple are watching, as well as visitors in has shown to me and to our caucus as being joined by John Kennedy and the galleries, and I wonder if they go we have worked through the schedule, Richard Nixon, both of whom were tak- ing their first congressional seats. away thinking the Presiding Officer worked through the committees, When ROBERT BYRD began his re- doesn’t have much interest in the body worked through the many procedural markable half-century career in public matters that we had to discuss today. if he is not listening to what is being service, it was 2 years before the Soviet We begin the 105th Congress with re- said. He should be aware and alert to Union had tested its first atomic bomb, newed hope, with optimism, with good what is going on and ready to protect 10 years before the Soviet Union will. the rights of every Senator while de- launched sputnik, and 12 years before There is much to do, and there is bate is under way. there were 50 States in our Union. I think we have a majority leader much need to do it together. We have Five decades is indeed a long time, now and a minority leader who are had many months of competitive polit- but it is not for longevity alone that going to bring these things to the at- ical effort, and now it is time to gov- we recognize and applaud the senior tention of the Members. We, all 100 of ern. Franklin Roosevelt once said, Senator from West Virginia. We recog- us, owe these leaders our very best sup- ‘‘The future lies with those wise polit- nize our esteemed and respected col- port when they are trying to do the ical leaders who recognize that the league for the quality as well as the right thing: Trying to make the Senate great public is interested more in gov- quantity of his public service. His life- what the framers intended it to be. ernment than in politics.’’ Let us rec- long commitment to public service has I really am encouraged, because I ognize that and seize the future. Let us been one of total dedication to serving think that Senator LOTT is a man in summon the best in all of those around the people of his beloved State and to that mold. He is bright, he has an en- us as we call upon the best within our- the highest ideals of public service. dearing personality, he has an art of selves to join in common purpose and And the people of West Virginia have persuasiveness that will win many bat- in common cause. I have no doubt that honored him for it. tles. He is considerate, he is patient, our efforts here during the course of In ROBERT BYRD’s 50 years in public and a leader has to have all of these at- the 105th Congress will, by any stand- service, he has won every election in tributes. I thank him for all of these ard, then be judged a success. which he has been a participant. In things. Mr. President, I indicated when I in- 1970, he received the largest percentage Mr. LOTT. Mr. President, I renew my troduced the resolution relating to of the total vote ever accorded a person great appreciation for the Senator Senator BYRD that I had a statement. I running for the Senate in a contested from West Virginia, and I appreciate would like at this time to make that election in the State of West Virginia. very much his remarks. I hope we can statement. In 1976, he was the first person in live up to his comments and expecta- f West Virginia history to win a Senate tions; we are going to work very hard seat without opposition in a general ROBERT C. BYRD’S 50 YEARS OF to do that. I yield the floor. election. He has held more legislative PUBLIC SERVICE Mr. DASCHLE addressed the Chair. offices than anyone else in the history The PRESIDING OFFICER. The mi- Mr. DASCHLE. Mr. President, tomor- of his State. He is one of only three nority leader. row, January 8, 1997, will mark a mo- U.S. Senators in history to be elected Mr. DASCHLE. Mr. President, I, too, mentous day in the life and career of to seven 6-year terms. He is the long- would like, again, to express my grati- one of this chamber’s most esteemed est-serving Senator in the history of tude to the distinguished Senator from and respected Members. his State. And, on January 13, Senator West Virginia for his kind remarks Fifty years ago, on January 8, 1947, BYRD will have served 38 years and 10 throughout the day, again most re- before this Senator was born, ROBERT days in the Senate, becoming the cently. I appreciate very much the C. BYRD took his seat in the West Vir- fourth-longest-serving Senator in U.S. manner with which he has expressed ginia State Legislature, thus beginning history—behind Senators Hayden, himself. It is an honor for me to be a remarkable half-century of public THURMOND, and Stennis. complimented in public by the distin- service. West Virginians are not only pleased guished Senator from West Virginia, On this golden anniversary of the be- with their man in Washington; they and he has done so generously. ginning of a remarkable career, I want are proud of him. They have honored f to take a few minutes to call attention him with nearly every honor the State to this achievement, to congratulate has to offer; this includes being se- MORNING BUSINESS him for it, and to thank him for his lected as the West Virginian of the Mr. LOTT. Mr. President, I ask unan- service to the people of West Virginia Year three different times—the only imous consent that there now be a pe- and the United States. person ever selected more than once.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S20 CONGRESSIONAL RECORD — SENATE January 7, 1997 This Saturday, January 11, a 10-foot, a filling station and worked as a unfortunate part of the world. Today, 1,500-pound statue of Senator BYRD will produce salesman to make a living, we have tens of thousands of Ameri- be unveiled and formally dedicated in who worked as a meat cutter and a cans on the ground in and around Bos- his honor in the West Virginia State welder in the shipyards of Baltimore nia to try to keep a tenuous peace, to Capitol. No other person in the history and Tampa in order to feed his family, keep the military factions apart that of the State has had such an honor be- has risen to and succeeded at the very only recently were at war. stowed upon him or her. The statue ap- top of our government. We are in Bosnia at great cost. Our propriately depicts Senator BYRD hold- His life, in the words of President Balkans policy is confused. We have ing the Constitution and pointing to Clinton, is a ‘‘testament to the idea spent $5 billion and the meter is still the section of the document that pro- that public discourse and public life running. Our troops will be on the vides Congress with the power of the can be a thing of very high honor.’’ ground for at least another year. At purse. One of Senator BYRD’s favorite the same time, in neighboring Serbia, Of course, West Virginians are in the quotes is Horace Greeley’s observance we are seeing the best example of process of renaming the State after that: peaceful self-determination. The people him. Every town you go into, it seems Fame is a vapor; of Serbia are united on the principle of you can find something named after Popularity an accident; fair and democratic elections. The ROBERT C. BYRD. His name is promi- Riches take wing; Milosevic regime is hanging on to an nently displayed on hospitals, univer- Those who cheer today may curse tomorrow; Old World order that will not remain. Only one thing endures: character. sity buildings, roads, and bridges It will not remain because of the throughout the State. There is the Mr. President, as Senate Democratic strength of the people. Robert C. Byrd High School in Har- Leader, I salute the enduring character The United States should not stand rison County, and the U.S. Senator of ROBERT C. BYRD while I congratulate idly by. The administration needed Robert C. Byrd Center for Legislative him for 50 years of outstanding public President Milosevic to reach the peace Studies at Sheperd College, in beau- service. And I thank the people of West agreement in Dayton. So there has tiful Sheperdstown. There is the Rob- Virginia for their wisdom in keeping been a tendency to turn a blind eye to ert C. Byrd Community Center in Pine him here with us. his faults, his protection of war crimi- Mr. President, I now yield the floor. Grove, the Robert C. Byrd Visitor Cen- nals, his antidemocratic actions. But it Mrs. HUTCHISON. Mr. President, I ter in historic Harpers Ferry, and the is clear the people of Serbia are rising suggest the absence of a quorum. much-needed Robert C. Byrd Cancer The PRESIDING OFFICER. The up and they are saying, ‘‘No more.’’ Be- Research Center. clerk will call the roll. cause the administration helped create Last year, the Governor of West Vir- The legislative clerk proceeded to this situation in the Balkans, I think ginia, Gaston Caperton, called Senator call the roll. we have a special responsibility to ex- BYRD ‘‘West Virginia’s most beloved Mrs. HUTCHISON. Mr. President, I ercise our influence on President son * * * truly a legend in his own ask unanimous consent that the order Milosevic to honor the will of the Ser- time.’’ Truly he is, Mr. President, and for the quorum call be rescinded. bian people. ROBERT C. BYRD has become a legend in The PRESIDING OFFICER (Mr. Last month, representatives from the the U.S. Senate, as well. KEMPTHORNE). Without objection, it is Organization for Security and Coopera- More than two-thirds of his 50 years so ordered. tion in Europe were invited to Serbia of public service has been in this Cham- f to investigate the election crisis. They ber. The standards he has set here, the attempted in vain to persuade Presi- principles for which he has stood, the PROTESTS IN BELGRADE dent Milosevic to accept the municipal service he has rendered to this Cham- Mrs. HUTCHISON. Mr. President, I election results in 14 of 19 of Serbia’s ber and every member in it, have all think it is important today as we see a largest cities. been in the best traditions of American transference of power in Congress after The people are protesting to send a government. For this reason, the ‘‘Al- duly-held elections that we pause to clear message that their votes matter manac of American Politics’’ could support the people who are standing, as and that no regime has the right to write that ROBERT BYRD ‘‘may come we speak, in a frozen public square in nullify the will of the people, from closer to the kind of Senator the Serbia, who are trying to have the whom all governments borrow power. Founding Fathers had in mind than same rights that we enjoy today in Mr. President, we pray that Presi- any other.’’ America. I think we must stand with dent Milosevic will accept the will of He is the Senate’s foremost histo- the people of Serbia who have for 8 his people. We pray that this crisis will rian—‘‘the custodian of the Senate’s weeks been standing in the freezing be resolved peacefully, and we pray ideals and values,’’ as Senator Nunn cold to demand the results of their re- that democracy will triumph in Serbia. has called him. cent elections be implemented. Mr. President, I am urging President He has held more leadership positions Mr. President, the world watches in Clinton today to speak out with a in the U.S. Senate than any other Sen- awe at the display of popular sov- clear, strong voice that the United ator in history, and he has cast more ereignty in the former Yugoslavian Re- States stands behind the Serbian peo- votes than any other Senator in his- public of Serbia. In 8 weeks it has built ple and that the results of the free elec- tory. from a few thousand to over 400,000 tions that were held should be imple- He was the first man in the history of people who have risen up in peaceful mented. It is time for the peaceful the Senate to hold the job of Senate opposition to the regime of Slobodan demonstrators in Belgrade, in their majority leader, lose it, and then gain Milosevic on whom the Clinton admin- fight for a self-determined nation and it back again. ‘‘That fact,’’ wrote Mi- istration has pinned part of its hopes in freedom, to prevail. I urge the Presi- chael Barone, ‘‘tells us something the Balkans. dent to use his influence with Presi- about the determination, the combina- We cannot help but admire the cour- dent Milosevic to stand down and let tion of hard work and ambition which age, the bravery, the commitment of the results of those elections go for- have propelled this coal miner’s son to the young people and the young at ward. the top ranks of the American Con- heart who are standing up for democ- Mr. President, we are beginning a gress.’’ racy. They are trying to bring about new session of Congress. We had elec- I love that description, so I want to change through moral suasion and the tions, and now we are implementing repeat it: ‘‘the combination of hard strength of their convictions. As they the will of the people. It has been thus work and ambition which have pro- do that, they remind the world that all for over 200 years in this country. pelled this coal miner’s son to the top governments everywhere borrow power Maybe some of us take that right for ranks of the American Congress.’’ This from the people they serve, and the granted—the right to vote and the is a remarkable statement about a re- people can take that power back when right to know that our vote will be markable man. An orphan boy who was they determine that they must. counted fairly. raised by a coal miner in the hills of We have had many debates on this Mr. President, it is the time for West Virginia, who once pumped gas at floor regarding the future in that most Americans to ask everyone in the

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S21 world to salute the people who are ment is to review the petition and all ical calling in the land. The Senate can re- standing today, this very minute, documents submitted to the Com- move from office Presidents, members of the freezing in Republic Square in Bel- mittee relating to the petition and to Federal judiciary, and other Federal officials advise the Committee as to whether but only the Senate itself can expel a Sen- grade, standing for the right to do ator. what we have done in the last few the petition should be dismissed or, if Let us listen for a moment to the words of hours in Congress, and that is have a not, what further courses of action the James Madison on the role of the Senate. peaceful transition of power after duly Committee should consider. ‘‘These [reasons for establishing the Sen- held elections. As a means to providing equity to ate] were first to protect the people against Mr. President, the people of Serbia both candidates, the committee ad- their rulers: secondly to protect the people have spoken. It is time that all the vised then Senator-elect LANDRIEU of against the transient impression into which her right to file material for consider- they themselves might be led. [through their people in the world stand behind them representatives in the lower house] A people so that their spoken word will prevail. ation, and a copy of the letter from the deliberating in a temperate moment, and f committee to her counsel is attached with the experience of other nations before for the record. Senator LANDRIEU’s at- them, on the plan of government most likely LOUISIANA CONTESTED ELECTION torney has indicated that she will re- to secure their happiness, would first be Mr. WARNER. I have discussed with spond by January 17, 1997. aware, that those charged with the public Majority Leader LOTT the procedures Mr. Jenkins will then be given time happiness, might betray their trust. An obvi- he proposed today with regard to the to examine any material submitted by ous precaution against this danger would be to divide the trust between different bodies seating of Senator LANDRIEU and the Senator LANDRIEU and provide the committee with a surrebuttal. After re- of men, who might watch and check each review of Mr. Jenkins’ petition con- other .... It would next occur to such a testing the election of Senator LAN- viewing all of the filings, our outside people, that they themselves were liable to DRIEU. counsel will promptly provide the com- temporary errors, through want of informa- I agree with and fully support the ac- mittee with their respective opinions. I tion as to their true interest, and that men tions taken by the majority leader. I anticipate the two counsel will have chosen for a short term, [House members], would like to take a moment to explain some areas of their opinions reflecting . . . might err from the same cause. This re- the actions the Rules Committee has a concurrence of views and rec- flection would naturally suggest that the taken thus far concerning this contest ommendations. Government be so constituted, as that one of It is my intention to then hold a its branches might have an opportunity of and those procedures which we antici- acquiring a competent knowledge of the pub- pate following in the future. committee business meeting on coun- lic interests. Another reflection equally be- The Senate is the Constitutional sels’ reports immediately thereafter coming a people on such an occasion, would judge of the qualifications of each Sen- and determine the next step in this be that they themselves, as well as a numer- ator. Article I, section 5 of the U.S. process. I am hopeful that we will be ous body of Representatives, were liable to Constitution, states that the Senate is able to hold this meeting early in Feb- err also, from fickleness and passion. A nec- the ‘‘Judge of the Elections, Returns, ruary. essary fence against this danger would be to se- and Qualifications of its own Mem- These procedures will allow and en- lect a portion of enlightened citizens, whose lim- bers. . . .’’ sure a fair and equitable review of the ited number, and firmness might seasonably interpose against impetuous councils, . . . .’’ The Secretary of State of Louisiana allegations. Senator LANDRIEU, Mr. Ladies and gentlemen, you are shortly to has certified that MARY LANDRIEU de- Jenkins, and the citizens of Louisiana, become part of that all important, ‘‘nec- feated Louis ‘‘Woody’’ Jenkins by 5,788 as well as the entire country, expect essary fence,’’ which is the United States votes in the 1996 U.S. Senate race, and and deserve no less. Senate. Let me give you the words of Vice this morning Senator LANDRIEU was The above outline of committee pro- President Aaron Burr upon his departure sworn in ‘‘without prejudice.’’ This ac- cedures, so far, parallels the actions of from the Senate in 1805. ‘‘This house,’’ said tion is in accordance with the prece- the Rules Committee in the Huff- he, ‘‘is a sanctuary; a citadel of law, of order, and of liberty; and it is here—it is here, in dents of the Senate, which recognize ington-Feinstein contested election in 1995. this exalted refuge; here, if anywhere, will that the Senate generally defers to the resistance be made to the storms of political certification of the State until the f phrensy and the silent arts of corruption; Senate has had the opportunity to re- SENATOR BYRD’S ADDRESS TO and if the Constitution be destined ever to view such petitions and evidence as NEW SENATORS—AND RETURN- perish by the sacrilegious hand of the dema- gogue or the usurper, which God avert, its may be submitted by the contestants ING SENATORS, TOO or gathered by the committee. expiring agonies will be witnessed on this On December 5, 1996, Mr. Jenkins ex- Mr. KENNEDY. Mr. President, on De- floor.’’ Gladstone referred to the Senate as ercised his right to file a petition of cember 3 as part of the orientation pro- ‘‘that remarkable body—the most remark- able of all the inventions of modern poli- election contest with the Vice Presi- gram for new Senators, our distin- guished colleague from West Virginia, tics.’’ dent of the United States. That peti- This is a very large class of new Senators. Senator ROBERT C. BYRD, delivered an tion was referred to the Senate Com- There are fifteen of you. It has been sixteen mittee on Rules and Administration, eloquent address in this chamber em- years since the Senate welcomed a larger chaired by myself with the distin- phasizing the indispensable role of the group of new members. Since 1980, the aver- guished Senator from Kentucky Mr. Senate in American democracy. age size class of new members has been ap- Senator BYRD is well known as a proximately ten. Your backgrounds vary. FORD, serving as the ranking Demo- scholar and historian of the Senate. I Some of you may have served in the Execu- crat. believe his address will be of interest tive Branch. Some may have been staffers On December 18, 1996, Mr. Jenkins and importance to all Senators as we here on the Hill. Some of you have never submitted an amended petition along begin the new session, and I ask unani- held federal office before. Over half of you with considerable documents related to have had some service in the House of Rep- mous consent that it be printed in the the allegations in his petition. These resentatives. RECORD. allegations go to the heart of the integ- Let us clearly understand one thing. The rity of the election process on Novem- REMARKS BY U.S. SENATOR ROBERT C. BYRD Constitution’s Framers never intended for AT THE ORIENTATION OF NEW SENATORS, DE- the Senate to function like the House of Rep- ber 5 in Louisiana, and Mr. Jenkins’ CEMBER 3, 1996 resentatives. That fact is immediately ap- steps, thus far, merit thorough consid- Good afternoon and welcome to the United parent when one considers the length of a eration by the Rules Committee. States Senate Chamber. You are presently Senate term and the staggered nature of In consultation with Committee occupying what I consider to be ‘‘hallowed Senate terms. The Senate was intended to be members, and consistent with prece- ground.’’ a continuing body. By subjecting only one- dent, Senator FORD and I engaged two You will shortly join the ranks of a very third of the Senate’s membership to reelec- attorneys to serve as outside counsel select group of individuals who have been tion every two years, the Constitution’s for the Committee, and their letters of honored with the title of United States Sen- framers ensured that two-thirds of the mem- engagement are attached for the ator since 1789 when the Senate first con- bership would always carry over from one vened. The creator willing, you will be here Congress to the next to give the Senate an record. Bill Canfield was selected by for at least six years. enduring stability. the Republicans, and Bob Bauer was Make no mistake about it, the office of The Senate and, therefore, Senators were chosen by the Democrats. Their assign- United States Senator is the highest polit- intended to take the long view and to be able

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S22 CONGRESSIONAL RECORD — SENATE January 7, 1997 to resist, if need be, the passions of the often take the long view as you exercise your du- members or other blatantly injudicious com- intemperate House. Few, if any, upper cham- ties. This will not always be easy. ments are unacceptable in the Senate. Again bers in the history of the western world have The pressures on you will, at times, be to encourage a cooling of passions, and to possessed the Senate’s absolute right to un- enormous. You will have to formulate poli- promote a calm examination of substance, limited debate and to amend or block legis- cies, grapple with issues, serve the constitu- Senators address each other through the lation passed by a lower House. ents in your state, and cope with the media. Presiding Officer and in the third person. Ci- Looking back over a period of 208 years, it A Senator’s attention today is fractured be- vility is essential here for pragmatic reasons becomes obvious that the Senate was in- yond belief. Committee meetings, breaking as well as for public consumption. It is dif- tended to be significantly different from the news, fundraising, all of these will demand ficult to project the image of a statesman- House in other ways as well. The Constitu- your attention, not to mention personal and like, intelligent, public servant, attempting tional Framers gave the Senate the unique family responsibilities. But, somehow, to inform the public and examine issues, if executive powers of providing advice and amidst all the noise and confusion, you must one is behaving and speaking in a manner consent to presidential nominations and to find the time to reflect, to study, to read, more appropriate to a pool room brawl than treaties, and the sole power to try and to re- and, especially, to understand the absolutely to United States Senate debate. You will move impeached officers of the government. critically important institutional role of the also find that overly zealous attacks on In the case of treaties, the Senate, with its Senate. other members or on their states are always longer terms, and its ability to develop ex- May I suggest that you start by carefully extremely counterproductive, and that you pertise through the device of being a con- reading the Constitution and the Federalist will usually be repaid in kind. tinuing body, has often performed invaluable papers. In a few weeks, you will stand on the Let us strive for dignity. When you rise to service. platform behind me and take an oath to sup- speak on this Senate Floor, you will be fol- I have said that as long as the Senate re- port and defend the Constitution of the lowing in the tradition of such men as Cal- tains the power to amend and the power of United States against all enemies, foreign houn, Clay, and Webster. You will be stand- ing in the place of such Senators as Edmund unlimited debate, the liberties of the people and domestic; to bear true faith and alle- Ross (KS) and Peter Van Winkle (WEST VIR- will remain secure. giance to the same; and take this obligation GINIA), 1868, who voted against their party The Senate was intended to be a forum for freely, without any mental reservation or to save the institution of the presidency dur- open and free debate and for the protection purpose of evasion; and to well and faithfully ing the Andrew Johnson impeachment trial. of political minorities. I have led the major- discharge the duties of the office on which ity and I have led the minority, and I can Debate on the Senate Floor demands you are about to enter: So help you God.’’ thought, careful preparation and some famil- tell you that there is nothing that makes Note especially the first 22 words, ‘‘I do iarity with Senate Rules if we are to engage one fully appreciate the Senate’s special role solemnly swear that I will support and de- as the protector of minority interests like in thoughtful and informed debate. Addition- fend the Constitution of the United States ally, informed debate helps the American being in the minority. Since the Republican against all enemies foreign and Party was created in 1854, the Senate has people have a better understanding of the domestic . . .’’ complicated problems which besiege them in changed hands 14 times, so each party has In order to live up to that solemn oath, one their own lives. Simply put, the Senate can- had the opportunity to appreciate first-hand must clearly understand the deliberately es- not inform American citizens without exten- the Senate’s role as guardian of minority tablished inherent tensions between the 3 sive debate on those very issues. rights. But, almost from its earliest years branches, commonly called the checks and We were not elected to raise money for our the Senate has insisted upon its members’ balances, and separation of powers which the own reelections. We were not elected to see right to virtually unlimited debate. framers so carefully crafted. I carry a copy how many press releases or TV appearances When the Senate reluctantly adopted a clo- of the Constitution in my shirt pocket. I we could stack up. We were not elected to set ture rule in 1917, it made the closing of de- have studied it carefully, read and reread its up staff empires by serving on every com- bate very difficult to achieve by requiring a articles, marveled at its genius, its beauty, mittee in sight. We need to concentrate, super majority and by permitting extended its symmetry, and its meticulous balance, focus, debate, inform, and, I hope, engage the post-cloture debate. This deference to minor- and learned something new each time that I public, and thereby forge consensus and di- ity views sharply distinguishes the Senate partook of its timeless wisdom. Nothing will rection. Once we engage each other and the from the majoritarian House of Representa- help you to fully grasp the Senate’s critical public intellectually, the tough choices will tives. The Framers recognized that a minor- role in the balance of powers like a thorough be easier. ity can be right and that a majority can be reading of the Constitution and the Fed- I thank each of you for your time and at- wrong. They recognized that the Senate eralist papers. tention and I congratulate each of you on should be a true deliberative body—a forum Now I would like to turn for a moment to your selection to fill a seat in this August in which to slow the passions of the House, the human side of the Senate, the relation- body. Service in this body is a supreme hold them up to the light, examine them, ship among Senators, and the way that even honor. It is also a burden and a serious re- and, thru informed debate, educate the pub- that faced of service here is, to a degree, gov- sponsibility. Members’ lives become open for lic. The Senate is the proverbial saucer in- erned by the constitution and the Senate’s inspection sand are used as examples for tended to cool the cup of coffee from the rules. other citizens to emulate. A Senator must House. It is the one place in the whole gov- The requirement for super majority votes really be much more than hardworking, ernment where the minority is guaranteed a in approving treaties, involving cloture, re- much more than conscientious, much more public airing of its views. Woodrow Wilson moving impeached federal officers, and over- than dutiful. A Senator must reach for noble observed that the Senate’s informing func- riding vetoes, plus the need for unanimous qualities—honor, total dedication, self-dis- tion was as important as its legislating func- consent before the Senate can even proceed cipline, extreme selflessness, exemplary pa- tion, and now, with televised Senate debate, in many instances, makes bipartisanship and triotism, sober judgment, and intellectual its informing function plays an even larger comity necessary if members wish to accom- honesty. The Senate is more important than and more critical role in the life of our na- plish much of anything. Realize this. The any one or all of us—more important than I tion. campaign is over. You are here to be a Sen- am; more important than the majority and Many a mind has been changed by an im- ator. Not much happens in this body without minority leaders; more important than all passioned plea from the minority side. Im- cooperation between the two parties. 100 of us; more important than all of the 1,843 portant flaws in otherwise good legislation In this now 208-year-old institution, the men and women who have served in this have been detected by discerning minority positions of majority and minority leaders body since 1789. Each of us has a solemn re- members engaged in thorough debate, and have existed for less than 80 years. Although sponsibility to remember that, and to re- important compromise which has worked to the positions have evolved significantly member it often. the great benefit of our nation has been within the past half century, still, the only Let me leave you with the words of the forged by an intransigent member deter- really substantive prerogative the leaders last paragraph of Volume II, of The Senate: mined to filibuster until his views were ac- possess is the right of first recognition be- 1789–1989: ‘‘Originally consisting of only commodated or at least seriously considered. fore any other member of their respective twenty-two members, the Senate had grown The Senate is often soundly castigated for parties who might wish to speak on the Sen- to a membership of ninety-eight by the time its inefficiency, but in fact, it was never in- ate Floor. I was sworn in as a new senator in January tended to be efficient. Its purpose was and is Those of you who have served in the House 1959. After two hundred years, it is still the to examine, consider, protect, and to be a to- will now have to forget about such things as anchor of the Republic, the morning and tally independent source of wisdom and judg- the Committee of the Whole, closed rules, evening star in the American constitutional ment on the actions of the lower house and and germaneness, except when cloture has constellation. It has had its giants and its on the executive. As such, the Senate is the been invoked, and become well acquainted little men, its Websters and its Bilbos, its central pillar of our Constitutional system. I with the workings of unanimous consent Calhouns and its McCarthys. It has been the hope that you, as new members will study agreements. Those of you who took the trou- stage of high drama, of comedy and of trag- the Senate in its institutional context be- ble to learn Deschler’s Procedure will now edy, and its players have been the great and cause that is the best way to understand need to set that aside and turn in earnest to the near-great, those who think they are your personal role as a United States Sen- Riddick’s Senate Procedure. great, and those who will never be great. It ator. Your responsibilities are heavy. Under- Senators can lose the Floor for trans- has weathered the storms of adversity with- stand them, live up to them, and strive to gressing the rules. Personal attacks on other stood the barbs of cynics and the attacks of

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S23 critics, and provided stability and strength Public trust was not just a core value Committee during the 140th Congress. to the nation during periods of civil strife Larry Pressler practiced in his own Of those, 87 became law. and uncertainty, panics and depressions. In life, but a basic principle he sought to war and in peace, it has been the sure refuge Of that 87, perhaps the most heralded and protector of the rights of the states and instill in government practice. He was the Telecommunications Act of of a political minority. And, today, the Sen- worked overtime to be sure South Da- 1996, the most important economic ate still stands—the great forum of constitu- kotans were treated fairly by the Fed- growth legislation to become law in a tional American liberty!’’ eral Government, whether it was as decade. This piece of legislation was f routine as a timely Social Security Larry Pressler’s life for well over a check, or as complex as environmental TRIBUTE TO LARRY PRESSLER year. protection enforcement. Mr. LOTT. Mr. President, earlier Larry was the first to oppose Presi- It’s fair to say that the Tele- today, we witnessed the oath of office dent Clinton’s nomination of Zoe Baird communications Act would not be law being given to the new junior Senator because he sensed early on that her today if not for Larry Pressler. It from South Dakota, the Honorable TIM past actions damaged the level of pub- passed with extraordinary support be- JOHNSON. I join with all my colleagues lic trust needed in our Nation’s chief cause Larry Pressler took the time to in welcoming him to the U.S. Senate. I law enforcement officer. He was right. work with virtually every Member of wish him well. However, I do want to Larry has been a superb watchdog of Congress—House and Senate—to see take a moment to pay tribute to the Federal agencies that oversee air safe- that their concerns were addressed. He gentleman he succeeded—a man of in- ty because of his concern both for the demonstrated bipartisanship, fairness tegrity, of kindness, and of singular safety and security of air travelers, and as well as toughness, but perhaps most achievement—Senator Larry Pressler. the faith travelers place in these agen- important are the two qualities I men- I have known Larry Pressler cies and carriers to ensure their safety. tioned earlier—persistence and dili- throughout his entire 22 year career of He was right on the mark again. gence. public service in the Congress, begin- Larry also has been an outspoken Those qualities also were shared by ning with his first election to the champion of our efforts to reform the Larry Pressler’s staff. Indeed, both his House of Representatives in 1974. cancerous corruption and waste that personal and committee staff deserve a Though a young man when he first has infected the United Nations to the tribute and our thanks as well. They took the oath of Office, he already had point of near ineffectiveness. As a sup- distinguished himself in other fields— porter of the United Nations, Larry is were a great team. Many are from as student body president at the Uni- concerned that continued United Na- South Dakota. Many have served with versity of South Dakota, a Rhodes tions mismanagement would erode the Larry Pressler for more than a decade. Scholar, a U.S. Army Lieutenant in public’s support and trust in the world Several for as long as he was a Senator Vietnam, and a Harvard Law and Ken- body. Some people in the United Na- and a select few even worked for him in nedy School graduate. the House. Larry, one of our more reg- I knew then that the people of South tions are listening. Indeed, largely be- cause of the persistence and diligence ular participants at our weekly Senate Dakota had sent an exceptional human Bible study, often joked that Abraham being. I didn’t realize how right I was of our friend and former colleague from South Dakota, the United Nations died leaning on his staff. Well, it’s safe at the time. In 1978, he was elected to to say Larry Pressler succeeded lean- the Senate—the first of several Viet- today now has an inspector general to investigate waste, fraud and abuse, and ing on his staff. I know Larry Pressler nam veterans we are honored to call is very proud of all his dedicated staff. our Senate colleagues. For 18 years— is beginning to take seriously this body’s demands for real, concrete re- I also know that all the staff are proud three terms in office—he served the of Larry Pressler—proud to have Senate, his State and his country ably form. Persistence and diligence—that best worked with him and for the people of and responsibly. South Dakota. All who know or have known Larry describes the style of Larry Pressler’s Pressler are keenly aware how much he approach to public service, and it has They are not alone. All of us are holds public service in high regard. He paid off for the State of South Dakota proud to have worked with our distin- considers it his life’s calling, and he and the Nation. His last campaign slo- guished colleague from South Dakota. certainly responded well to the call. He gan was ‘‘Fighting and Winning for I say this not just as a colleague, but knows that effective public service be- South Dakota.’’ That’s a good example as a dear friend. My wife, Tricia, and I gins with public trust at home—the of truth in advertising. Whether it was have enjoyed the countless times we faith that he chose to represent their rail service or air service, wheat prices have spent with Larry, his lovely wife, views and interests in Washington will or cattle prices, Ellsworth Air Force Harriet and their wonderful daughter, do so with honor and integrity. Little Base in Rapid City or the EROS Data Laura. I am hopeful there will be many did Larry know that not long after he Center in Sioux Falls, Larry Pressler more good times ahead. came to the Senate, that basic prin- fought and won for South Dakota. Internationally, Larry Pressler is F. Scott Fitzgerald once wrote: ‘‘Vi- ciple of public trust would be put to tality shows in not only the ability to the test. It would come in the form of known and respected for his efforts on nuclear nonproliferation, and human persist but the ability to start over.’’ I FBI agents posing as Arab sheiks who have seen the vitality of Larry Pressler attempted to bribe Larry as part of rights causes in China, Cyprus, Arme- nia, Turkey, and Kosova. I’m sure as a persistent and dedicated public their so-called ABSCAM investigation. servant for his state and nation. I am Larry strongly refused. His response there are many around the world who will miss Larry Pressler’s commitment confident Larry will demonstrate that drew national acclaim. The Federal same vitality as he starts a new, a pri- District Judge who presided over the to these and other important causes. But perhaps Larry Pressler’s greatest vate life that will bring professional trial singled out Larry’s action, stating success and personal satisfaction. that he ‘‘acted as citizens have a right achievements as a Senator came in his to expect their elected representatives last 2 years in office, when he served as So today, Larry Pressler finds him- to act.’’ chairman of the Commerce, Science, self in a position all of us will be placed That single act, perhaps more than and Transportation Committee. Chair- in—a point where past service is sub- any other, capsulized and defined the man Pressler presided over one of the ject not to the approval of voters but values of Larry Pressler—the values he most productive and bipartisan periods to the scrutiny of history. Mr. Presi- was brought up to practice first on his of legislating by a single Senate com- dent, it is safe to say history will treat father’s farm in Humboldt, SD, and the mittee perhaps in the history of this Larry Pressler quite well, and will see same values he practiced every day for body. At the end of the 104th Congress, him as we do—as a model public serv- 22 years in Congress. Just as impor- I had the opportunity to detail this ex- ant. To paraphrase the words of Saint tant, his action during ABSCAM re- traordinary record of accomplishment. Paul known and referred to often by minded all of us of that vital link be- Chairman Pressler reported 97 bills and my friend from South Dakota, Larry tween effective public service and sus- resolutions out of the Commerce Com- Pressler stayed the course, fought the tained public trust. mittee—more than any other Senate good fight and kept the faith.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S24 CONGRESSIONAL RECORD — SENATE January 7, 1997 APPOINTMENTS DURING and subsequent action would be re- resolved by setting aside the election, ADJOURNMENT quired by the Rules Committee. calling for another election, and that Mr. LOTT. Mr. President, the fol- The Senate may take any of several occurred and Senator Durkin was lowing appointments were made pursu- courses of action. It may dismiss the elected. I hope we do not have anything ant to law during the sine die adjourn- petition at that time; it may declare like that occur this year. My presump- ment of the Senate: the election to be set aside and call for tion at the beginning is nothing of that To the National Gambling Impact a special election to fill the seat; or the kind. There may be no further action Study Commission, pursuant to Public Senate may declare the petitioner the on this, other than what happened in Law 104–169, Dr. Paul Moore, of Mis- winner of the election and replace the the Feinstein matter and in the Cover- sissippi and Dr. James Dobson, of Colo- Senator already seated. Each one of dell matter, but I would feel a need to rado (Oct. 4, 1996) those have been done at various times clarify what the rules would be, or to To the National Committee on Vital, in the past. identify what the rules will be as we But again, I think it is very impor- and Health Statistics, pursuant to Pub- proceed. I will, therefore, offer a unani- tant that we not prejudge anything. I lic Law 104–191, Richard K. Harding, of mous-consent agreement which incor- do not think any Senator knows many South Carolina (Nov. 4, 1996) porates my desire to be fair to all par- of the details of what is involved. The To the Senate Delegation to the ties but also to ensure that the matter committee of jurisdiction is working North Atlantic Assembly during the does not become mired in a lengthy or on it, and we should allow them to pro- Second Session of the 104th Congress, purely partisan situation. ceed in a careful but thorough and bi- to be held in Paris, France, Nov. 17–21, So, I ask unanimous consent that partisan way. 1996, pursuant to 22 U.S.C. 1928a–1928d, any resolution reported by the Com- Obviously, we are removed from mittee on Rules recommending a dis- Senators HATCH, WARNER, GRASSLEY, making any determination today, and position of the matter of the Louisiana SPECTER, MURKOWSKI, COATS, and BEN- we should be. We are just seeing that Senate election of 1996 be laid before NETT (Nov. 8, 1996) the allegations are being investigated the Senate for immediate consider- To the National Gambling Impact and, as soon as possible, the Senate Study Commission, pursuant to Public ation following the request of the ma- Rules Committee, then, will make a jority leader, after notification of the Law 104–169, Leo McCarthy, of Cali- formal decision on whether to go for- fornia (Nov. 25, 1996). minority leader. ward. It is my intention, and I know it I further ask unanimous consent that Mr. President, I yield the floor and is the intention of the Democratic time for debate on such resolution be suggest the absence of a quorum. leader and Senator WARNER and Sen- limited to not more than 30 hours, The PRESIDING OFFICER. The ator FORD, that the investigation will equally divided in the usual form, and clerk will call the roll. be thorough and fair, and that it will that at the conclusion of that time the The legislative clerk proceeded to be handled expeditiously, and that it Senate proceed immediately to a vote call the roll. will be in accordance with all the rules on the Rules Committee resolution, Mr. LOTT. Mr. President, I ask unan- that are established in the past with with no amendments being in order. imous consent that the order for the regard to what the Senate protocol is The PRESIDING OFFICER. Is there quorum call be rescinded. in these matters. objection? The minority leader. The PRESIDING OFFICER (Mr. Not only should the investigation be Mr. DASCHLE. Mr. President, let me COATS). Without objection, it is so or- fair, it should be conducted in a man- commend the distinguished majority dered. ner that allows us to do the people’s leader for the manner with which he f business. That is the primary reason has brought this matter to the floor. for seating Senator LANDRIEU without We have had a number of opportunities SEATING OF SENATOR LANDRIEU prejudice. We want to allow the Senate to consult with regard to his intention Mr. LOTT. Mr. President, earlier to proceed to its business with all 100 to make this unanimous-consent re- today, the Senate seated Senator MARY Senators present, accounted for, and quest. He has ably outlined the options L. LANDRIEU without prejudice to the involved in the process, while we gath- available to the Rules Committee just Senate’s constitutional power to be the er whatever facts that are there and now. He has also indicated his desire to judge of the election of its Members. In are available and need to be known. At ensure that we expedite the consider- so seating Senator LANDRIEU, the such time as the Rules Committee ation of the report of the Rules Com- rights of any person or entity involved makes a recommendation of disposi- mittee at the appropriate time. in the election contest petition are also tion, the report is highly privileged and I share his confidence in the leader- preserved. will then be subject to the Senate for ship of the Rules Committee. Senator As a practical matter, what this consideration. WARNER is a man of impeccable credi- means is that Senator LANDRIEU has I think it is important that we apply bility, and Senator FORD has also led the same rights and privileges as any the same fair principles to the consid- that committee in a similar manner. I other Senator with no limitation. How- eration of the Rules Committee report, know that he and Senator WARNER ever, her election has been contested should one be issued. Under ordinary have talked about this matter already and, as in other cases in recent history, procedures, as with most business of and I know that both of them are de- depending on the resolution of this dis- the Senate, such a report would be termined to bring this matter to, not pute in the Rules Committee, the Sen- fully debatable and subject to the usual only a successful conclusion, but an ob- ate may ultimately be required to con- rules and filibusters and cloture votes. jective consideration at the earliest sider a report from the Rules Com- However, I believe that the American possible date. mittee or not once they find out the people, and particularly this institu- There is no desire, let me emphasize, details of what transpired. tion, would be better served if we agree there is no desire to hinder the Senator WARNER, the chairman of the in advance that ample opportunity will progress of the Rules Committee or the Rules Committee, and Senator WEN- be given to all Senators for debate and Senate itself, as we expeditiously con- DELL FORD, ranking member, have met consideration of any such Rules Com- sider the resolution and the ultimate and discussed this matter. Senator mittee report, but that ultimately de- seating of Senator LANDRIEU. As the DASCHLE and I have discussed it. They bate will draw to a close, the matter distinguished majority leader has said, have retained counsel who are review- will be decided, and we can move on to Senator LANDRIEU was seated today ing the material that is available, and other business of our country that we without prejudice, as were Senator at some point, once they have had an have been sent here to accomplish. COVERDELL and Senator FEINSTEIN in opportunity to review that and hear I know, in the case a few years ago, previous Congresses. So, it is with from the interested parties, namely maybe it was in the 1970’s, there was a every expectation that Senator LAN- Senator LANDRIEU and the candidate, matter that was contested based, as I DRIEU will continue to present herself Woody Jenkins, then they will make a recall it, purely on the closeness of the to the Senate with all the credibility of determination depending on the facts election. The Senate spent 6 months any other Senator that I am sure this as to whether or not an investigation and over 40 votes until it was finally matter will be resolved in a fair

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S25 and expeditious manner at the appro- cedures for the Office of Compliance under II of the CAA in order to clarify that the pro- priate time. the Congressional Accountability Act (P.L. cedural rules now govern procedures under I am concerned, however, that this 104-1, 109 Stat. 3). The proposed amendments those Parts of the Act. Section 1.02(i) is proposed to be amended to particular consent request would re- to the procedural rules have been approved by the Board of Directors, Office of Compli- redefine the term ‘‘party’’ to include, as ap- quire that the minority give up the ance. propriate, a charging individual or an entity motion to proceed to the debate and Dates: Comments are due within 30 days alleged to be responsible for correcting a vio- the right to debate the resolution fully after publication of this Notice in the Con- lation. if we see some need to go beyond the 30 gressional Record. Section 1.03(a)(3) is to be revised to provide hours. And it does not allow amend- Addresses: Submit written comments (an for, as appropriate, the filing of documents ments. So, with every assurance to the original and ten copies) to the Executive Di- with the General Counsel. rector, Office of Compliance, Room LA 200, Section 1.04(d) is proposed to be amended majority leader that we intend to work 110 Second Street, S.E., Washington, D.C. to provide for appropriate disclosure to the with him in expediting this matter in 20540-1999. Those wishing to receive notifica- public of decisions under section 210 of the an objective and fair way, I will object tion of receipts of comments are requested to CAA and to provide, in accordance with sec- this afternoon to the unanimous-con- include a self-addressed, stamped post card. tion 416(f) of the CAA, that the Board may, sent request and pledge my support in Comments may also be transmitted by fac- at its discretion, make public decisions working with him to resolve this mat- simile (‘‘FAX’’) machine to (202) 426–1913. which are not otherwise required to be made ter without the need for such an agree- This is not a toll-free call. Copies of com- public. ment today. ments submitted by the public will be avail- Section 1.05(a) is to be revised to allow for a charging individual or party or an entity The PRESIDING OFFICER. Objec- able for review at the Law Library Reading Room, LM–201, Law Library of Congress, alleged to be responsible for correcting a vio- tion is heard. The unanimous-consent James Madison Memorial Building, Wash- lation to designate a representative. request is not agreed to. ington, D.C., Monday through Friday, be- Sections 1.07(a), 5.04 and 7.12 are to be re- Mr. LOTT. Mr. President, I do want tween the hours of 9:30 a.m. and 4:00 p.m. vised to make clear that Section 416(c), re- to say I appreciate the distinguished For Further Information Contact: Executive lating to confidentiality requirements, does Democratic leader’s comments. I know Director, Office of Compliance at (202) 724– not apply to proceedings under section 215 of he is sincere in those and he knows 9250. This notice is also available in the fol- the Act, but does apply to the deliberations of hearing officers and the Board under sec- that I will keep him informed of what lowing formats: large print, braille, audio tape, and electronic file on computer disk. tion 215. is happening in the Rules Committee. Requests for this notice in an alternative Section 5.01(a)(2), (b)(2), (c)(2) and (d) is It could be that the Rules Committee format should be made to Mr. Russell Jack- proposed to be amended to allow for the fil- would come to the same conclusion son, Director, Service Department, Office of ing of complaints alleging violation of sec- that they did in the so-called Feinstein the Sergeant at Arms and Doorkeeper of the tions 210 and 215 of the CAA. and the Coverdell matters. My only Senate, (202) 224–2705. Section 7.07(f), relating to conduct of hear- ings, is to be revised to provide that, if the goal in asking this unanimous consent SUPPLEMENTARY INFORMATION: representative of a charging party or an en- I. Background is that, if it does go beyond that, that tity alleged to be responsible for correcting there be some way it be brought to a The Congressional Accountability Act of a violation has a conflict of interest, that reasonable conclusion with ample time 1995 (‘‘CAA’’ or ‘‘Act’’) was enacted into law representative may be disqualified. for Senators to be able to have debate on January 23, 1995. In general, the CAA ap- Section 8.03(a) relating to compliance with and discussion of the issues that are in- plies the rights and protections of eleven fed- final decisions is to be revised to implement volved but without it being endlessly eral labor and employment law statutes to sections 210 and 215 of the CAA. covered employees and employing offices debated, or filibustered, if you will. But Section 8.04 ‘‘Judicial Review’’ is proposed within the legislative branch. Section 303 of to be revised to state that the United States my hope is we can work through that. the CAA directs that the Executive Director Court of Appeals for the Federal Circuit It may not even come to that, but I un- of the Office of Compliance (’’Office’’) shall, shall have jurisdiction, as appropriate, over derstand the Senator’s position and I subject to the approval of the Board of Direc- petitions under sections 210(d)(4) and 215(c)(5) heard what he said and I am satisfied tors (‘‘Board’’) of the Office, adopt rules gov- of the Act. that, if we do need to work out some erning the procedures for the Office, and may (B) Proposed Subpart D of these regula- arrangement as to how something amend those rules in the same manner. The tions implements the provisions of section would be considered in the future, we procedural rules currently in effect, ap- 215(c) of the CAA, which sets forth the proce- proved by the Board and adopted by the Ex- will find a way to come to an amicable dures for inspections, citations, notices, and ecutive Director, were published December notifications, hearings and review, variance agreement. I thank the Senator for his 22, 1995 in the Congressional Record (141 procedures, and compliance regarding en- comments. Cong. R. S19239 (daily ed., Dec. 22, 1995)). forcement of rights and protections of the f Amendments to these rules, approved by the Occupational Safety and Health Act, as ap- Board and adopted by the Executive Direc- plied by the CAA. Under section 215(c), any NOTICE OF PROPOSED tor, were published September 19, 1996 in the employing office or covered employee may RULEMAKING Congressional Record (142 Cong. R. H10672 request the General Counsel to inspect and Mr. THURMOND. Mr. President, pur- and S10980 (daily ed., Sept. 19, 1996)). The investigate places of employment under the suant to section 303 of the Congres- proposed revisions and additions that follow jurisdiction of employing offices. A citation establish procedures for consideration of sional Accountability Act of 1995 (2 or notice may be issued by the General Coun- matters arising under Parts B and C of title sel to any employing office that is respon- U.S.C. sec. 1383, a notice of proposed II of the CAA, which are generally effective sible for correcting a violation of section 215, rulemaking was submitted by the Of- January 1, 1997. or that has failed to correct a violation with- fice of Compliance, U.S. Congress. The A summary of the proposed amendments is in the period permitted for correction. A no- notice publishes proposed amendments set forth below in Section II; the text of the tification may be issued to any employing to the rules governing the procedures provisions that are proposed to be added or office that has failed to correct a violation for the Office of Compliance under the revised is found in Section III. The Executive within the permitted time. If a violation re- Director invites comment from interested mains uncorrected, the General Counsel may Congressional Accountability Act. persons on the content of these proposed Section 304(b) requires this notice to file a complaint against the employing office amendments to the procedural rules. with the Office, which is submitted to a be printed in the CONGRESSIONAL II. Summary of Proposed Amendments to the hearing officer for decision, with subsequent RECORD, therefore I ask unanimous Procedural Rules review by the Board. Under section 215(c)(4), consent that the notice be printed in (A) Several revisions are proposed to pro- an employing office may apply to the Board the RECORD. vide for consideration of matters arising for a variance from an applicable health and There being no objection, the notice under sections 210 and 215 (Parts B and C of safety standard. In considering such applica- was ordered to be printed in the title II) of the CAA. For example, technical tion, the Board shall exercise the authority RECORD, as follows: changes in the procedural rules will be nec- of the Secretary of Labor under sections 6(b) essary in order to provide for the exercise of and 6(d) of the Occupational Safety and OFFICE OF COMPLIANCE—THE CONGRESSIONAL various rights and responsibilities under sec- Health Act of 1970 (‘‘OSHAct’’) to issue ei- ACCOUNTABILITY ACT OF 1995: PROPOSED tions 210 and 215 of the Act by the General ther a temporary or permanent variance, if AMENDMENTS TO PROCEDURAL RULES Counsel, charging individuals and entities specified conditions are met. NOTICE OF PROPOSED RULEMAKING responsible for correcting violations. These The Executive Director has modeled these Summary: The Executive Director of the Of- proposed revisions are as follows: proposed rules under section 215(c), to the fice of Compliance is publishing proposed Section 1.01 is proposed to be amended by greatest extent practicable, on the enforce- amendments to the rules governing the pro- inserting references to Parts B and C of title ment procedures set forth in the regulations

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S26 CONGRESSIONAL RECORD — SENATE January 7, 1997 of the Secretary of Labor to implement com- The party or individual filing the document 4.24 Form of documents parable provisions of the OSHAct (29 C.F.R., may rely on its FAX status report sheet to 4.25 Applications for temporary variances parts 1903 and 1905). The proposed rules do show that it filed the document in a timely and other relief not follow provisions of the Secretary’s regu- manner, provided that the status report indi- 4.26 Applications for permanent variances lations that are inapplicable, incompatible cates the date of the FAX, the receiver’s and other relief with the structure of the Office of Compli- FAX number, the number of pages included 4.27 Modification or revocation of orders ance, and/or inconsistent with the express in the FAX, and that transmission was com- 4.28 Action on applications statutory procedures of section 215(c) of the pleted. 4.29 Consolidation of proceedings CAA. In addition, the Secretary has identi- §1.04(d) 4.30 Consent findings and rules or orders fied some provisions of Part 1903 as ‘‘general (d) Final decisions. Pursuant to section 4.31 Order of proceedings and burden of proof enforcement policies rather than substantive 416(f) of the Act, a final decision entered by INSPECTIONS, CITATIONS AND COMPLAINTS or procedural rules, [and thus] such policies a Hearing Officer or by the Board under sec- §4.01 Purpose and scope. may be modified in specific circumstances tion 405(g) or 406(e) of the Act, which is in The purpose of sections 4.01 through 4.15 of where the Secretary or his designee deter- favor of the complaining covered employee, this subpart is to prescribe rules and proce- mines that an alternative course of action or in favor of the charging party under sec- dures for enforcement of the inspection and would better serve the objectives of the tion 210 of the Act, or reverses a Hearing Of- citation provisions of section 215(c)(1) Act.’’ 29 CFR §1903.1. These enforcement poli- ficer’s decision in favor of a complaining through (3) of the CAA. For the purpose of cies (such as the Secretary’s policy regarding covered employee or charging party, shall be sections 4.01 through 4.15, references to the employee rescue activities, 29 C.F.R. made public, except as otherwise ordered by ‘‘General Counsel’’ include any designee of §1903.14(f)) are not included in these rules. the Board. The Board may make public any the General Counsel. Enforcement policies, if any, should be other decision at its discretion. §4.02 Authority for inspection. issued by the General Counsel, to whom in- §1.05(a) Under section 215(c)(1) of the CAA, upon vestigatory and enforcement authorities are (a) An employee, other charging individual assigned under section 215. written request of any employing office or or party, a witness, a labor organization, an covered employee, the General Counsel is au- The Board finds that the proposed rules employing office, or an entity alleged to be govern ‘‘procedures of the Office.’’ Thus, thorized to enter without delay and at rea- responsible for correcting a violation wish- sonable times any place of employment they may appropriately be issued under sec- ing to be represented by another individual tion 303 of the CAA. under the jurisdiction of an employing of- must file with the Office a written notice of fice; to inspect and investigate during reg- III. Text of proposed amendments to procedural designation of representative. The represent- ular working hours and at other reasonable rules ative may be, but is not required to be, an times, and within reasonable limits and in a §1.01 Scope and Policy attorney. reasonable manner, any such place of em- These rules of the Office of Compliance § 1.07(a) ployment, and all pertinent conditions, govern the procedures for consideration and (a) In General. Section 416(a) of the CAA structures, machines, apparatus, devices, resolution of alleged violations of the laws provides that counseling under section 402 equipment and materials therein; to ques- made applicable under Parts A, B, C, and D shall be strictly confidential, except that the tion privately any employing office, oper- of title II of the Congressional Account- Office and a covered employee may agree to ator, agent or employee; and to review ability Act of 1995. The rules include proce- notify the employing office of the allega- records required by the CAA and regulations dures for counseling, mediation, and for tions. Section 416(b) provides that all medi- promulgated thereunder, and other records electing between filing a complaint with the ation shall be strictly confidential. Section which are directly related to the purpose of Office of Compliance and filing a civil action 416(c) provides that all proceedings and de- the inspection. in a district court of the United States. The liberations of hearing officers and the Board, §4.03 Requests for inspections by employees rules also address the procedures for including any related records shall be con- and covered employing offices. variances and compliance, investigation and fidential, except for release of records nec- (a) By covered employees and representatives. enforcement under Part C of title II and pro- essary for judicial actions, access by certain (1) Any covered employee or representative cedures for the conduct of hearings held as a committees of Congress, and publication of of covered employees who believes that a result of the filing of a complaint and for ap- certain final decisions. Section 416(c) does violation of section 215 of the CAA exists in peals to the Board of Directors of the Office not apply to proceedings under section 215 of any place of employment under the jurisdic- of Compliance from Hearing Officer deci- the Act, but does apply to the deliberations tion of employing offices may request an in- sions, as well as other matters of general ap- of hearing officers and the Board under sec- spection of such place of employment by giv- plicability to the dispute resolution process tion 215. See also sections 1.06, 5.04 and 7.12 of ing notice of the alleged violation to the and to the operations of the Office of Compli- these rules. General Counsel. Any such notice shall be re- ance. It is the policy of the Office that these SUBPART D COMPLIANCE, INVESTIGA- duced to writing, shall set forth with reason- rules shall be applied with due regard to the TION, ENFORCEMENT AND VARIANCE able particularity the grounds for the notice, rights of all parties and in a manner that ex- PROCEDURES UNDER SECTION 215 OF and shall be signed by the employee or the pedites the resolution of disputes. THE CAA (OCCUPATIONAL SAFETY AND representative of the employees. A copy §1.02(i) HEALTH ACT OF 1970) shall be provided to the employing office or (i) Party. The term ‘‘party’’ means: (1) an Inspections, Citations, and Complaints its agent by the General Counsel or the Gen- employee or employing office in a proceeding Sec. eral Counsel’s designee no later than at the under Part A of title II of the Act; (2) a 4.01 Purpose and scope time of inspection, except that, upon the charging individual, an entity alleged to be 4.02 Authority for inspection written request of the person giving such no- responsible for correcting a violation, or the 4.03 Request for inspections by employees tice, his or her name and the names of indi- General Counsel in a proceeding under Part and employing offices vidual employees referred to therein shall B of title II of the Act; (3) an employee, em- 4.04 Objection to inspection not appear in such copy or on any record ploying office, or as appropriate, the General 4.05 Entry not a waiver published, released, or made available by the Counsel in a proceeding under Part C of title 4.06 Advance notice of inspection General Counsel. II of the Act; or (4) a labor organization, in- 4.07 Conduct of inspections (2) If upon receipt of such notification the dividual employing office or employing ac- 4.08 Representatives of employing offices General Counsel’s designee determines that tivity, or, as appropriate, the General Coun- and employees the notice meets the requirements set forth sel in a proceeding under Part D of title II of 4.09 Consultation with employees in subparagraph (1) of this section, and that the Act. 4.10 Inspection not warranted; informal re- there are reasonable grounds to believe that the alleged violation exists, he or she shall §1.03(a)(3) view 4.11 Imminent danger cause an inspection to be made as soon as (3) Faxing documents. Documents trans- practicable, to determine if such alleged vio- mitted by FAX machine will be deemed filed 4.12 Citations 4.13 Posting of citations lation exists. Inspections under this section on the date received at the Office at 202-426- shall not be limited to matters referred to in 1913, or, in the case of any document to be 4.14 Failure to correct a violation for which a citation has been issued; notice of fail- the notice. filed or submitted to the General Counsel, on (3) Prior to or during any inspection of a ure to correct violation; complaint the date received at the Office of the General place of employment, any covered employee 4.15 Informal conferences Counsel at 202-426-1663. A FAX filing will be or representative of employees may notify timely only if the document is received no Rules of Practice for Variances, Limitations, the General Counsel’s designee, in writing, of later than 5:00 PM Eastern Time on the last Variations, Tolerances, and Exemptions any violation of section 215 of the CAA which day of the applicable filing period. Any party 4.20 Purpose and scope he or she has reason to believe exists in such using a FAX machine to file a document 4.21 Definitions place of employment. Any such notice shall bears the responsibility for ensuring both 4.22 Effect of variances comply with the requirements of subpara- that the document is timely and accurately 4.23 Public notice of a granted variance, lim- graph (1) of this section. transmitted and confirming that the Office itation, variation, tolerance, or exemp- (b) By employing offices. Upon written re- has received a facsimile of the document. tion quest of any employing office, the General

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The decision of the General Counsel ing on a form available from the Office. office and a representative authorized by its shall be final and not reviewable. § 4.04 Objection to inspection. employees shall be given an opportunity to (b) If the General Counsel’s designee deter- mines that an inspection is not warranted Upon a refusal to permit the General Coun- accompany the General Counsel’s designee because the requirements of section 4.03(a)(1) sel’s designee, in exercise of his or her offi- during the physical inspection of any work- have not been met, he or she shall notify the cial duties, to enter without delay and at place for the purpose of aiding such inspec- complaining party in writing of such deter- reasonable times any place of employment tion. The General Counsel’s designee may mination. Such determination shall be with- or any place therein, to inspect, to review permit additional employing office rep- out prejudice to the filing of a new com- records, or to question any employing office, resentatives and additional representatives plaint meeting the requirements of section operator, agent, or employee, in accordance authorized by employees to accompany the 4.03(a)(1). with section 4.02 or to permit a representa- designee where he or she determines that tive of employees to accompany the General such additional representatives will further § 4.11 Citations. Counsel’s designee during the physical in- aid the inspection. A different employing of- (a) If, on the basis of the inspection, the spection of any workplace in accordance fice and employee representative may ac- General Counsel believes that a violation of with section 4.07, the General Counsel’s des- company the General Counsel’s designee dur- any requirement of section 215 of the CAA, ignee shall terminate the inspection or con- ing each different phase of an inspection if or of any standard, rule or order promul- fine the inspection to other areas, condi- this will not interfere with the conduct of gated pursuant to section 215 of the CAA, has tions, structures, machines, apparatus, de- the inspection. occurred, he or she shall issue a citation to vices, equipment, materials, records, or (b) The General Counsel’s designee shall the employing office responsible for correc- interviews concerning which no objection is have sole authority to resolve all disputes as tion of the violation, as determined under raised. The General Counsel’s designee shall to who is the representative authorized by section 1.106 of the Board’s regulations im- endeavor to ascertain the reason for such re- the employing office and employees for the plementing section 215 of the CAA. A cita- fusal, and shall immediately report the re- purpose of this section. If there is no author- tion may be issued even though after being fusal and the reason therefor to the General ized representative of employees, or if the informed of an alleged violation by the Gen- Counsel, who shall take appropriate action. General Counsel’s designee is unable to de- eral Counsel, the employing office imme- § 4.05 Entry not a waiver. termine with reasonable certainty who is diately abates, or initiates steps to abate, such representative, he or she shall consult such alleged violation. Any citation shall be Any permission to enter, inspect, review with a reasonable number of employees con- issued with reasonable promptness after ter- records, or question any person, shall not cerning matters of safety and health in the mination of the inspection. imply or be conditioned upon a waiver of any workplace. (b) Any citation shall describe with par- cause of action or citation under the CAA. (c) The representative(s) authorized by em- ticularity the nature of the alleged viola- § 4.06 Advance notice of inspections. ployees shall be an employee(s) of the em- tion, including a reference to the provi- Advance notice of inspections may be ploying office. However, if in the judgment sion(s) of the CAA, standard, rule, regula- given under circumstances determined ap- of the General Counsel’s designee, good cause tion, or order alleged to have been violated. propriate by the General Counsel. has been shown why accompaniment by a Any citation shall also fix a reasonable time § 4.07 Conduct of inspections. third party who is not an employee of the or times for the abatement of the alleged (a) Subject to the provisions of section 4.02, employing office (such as an industrial hy- violation. inspections shall take place at such times gienist or a safety engineer) is reasonably (c) If a citation is issued for a violation al- and in such places of employment as the necessary to the conduct of an effective and leged in a request for inspection under sec- General Counsel may direct. At the begin- thorough physical inspection of the work- tion 4.03(a)(1), or a notification of violation ning of an inspection, the General Counsel’s place, such third party may accompany the under section 4.03(a)(3), a copy of the cita- designee shall present his or her credentials General Counsel’s designee during the in- tion shall also be sent to the employee or to the operator of the facility or the manage- spection. representative of employees who made such ment employee in charge at the place of em- (d) The General Counsel’s designee may request or notification. (d) After an inspection, if the General ployment to be inspected; explain the nature deny the right of accompaniment under this Counsel determines that a citation is not and purpose of the inspection; and indicate section to any person whose conduct inter- warranted with respect to a danger or viola- generally the scope of the inspection and the feres with a fair and orderly inspection. With tion alleged to exist in a request for inspec- records specified in section 4.02 which he or regard to information classified by an agen- tion under section 4.03(a)(1) or a notification she wishes to review. However, such designa- cy of the U.S. Government in the interest of of violation under section 4.03(a)(3), the in- tion of records shall not preclude access to national security, only persons authorized to formal review procedures prescribed in 4.15 additional records specified in section 4.02. have access to such information may accom- shall be applicable. After considering all (b) The General Counsel’s designee shall pany the General Counsel’s designee in areas views presented, the General Counsel shall have authority to take environmental sam- containing such information. affirm the previous determination, order a ples and to take or obtain photographs re- §4.09 Consultation with employees. reinspection, or issue a citation if he or she lated to the purpose of the inspection, em- The General Counsel’s designee may con- believes that the inspection disclosed a vio- ploy other reasonable investigative tech- sult with employees concerning matters of lation. The General Counsel shall furnish the niques, and question privately, any employ- occupational safety and health to the extent party that submitted the notice and the em- ing office, operator, agent or employee of a they deem necessary for the conduct of an ef- ploying office with written notification of covered facility. As used herein, the term fective and thorough inspection. During the the determination and the reasons therefor. ‘‘employ other reasonable investigative tech- course of an inspection, any employee shall The determination of the General Counsel niques’’ includes, but is not limited to, the be afforded an opportunity to bring any vio- shall be final and not reviewable. use of devices to measure employee expo- lation of section 215 of the CAA which he or (e) Every citation shall state that the sures and the attachment of personal sam- she has reason to believe exists in the work- issuance of a citation does not constitute a pling equipment such as dosimeters, pumps, place to the attention of the General Coun- finding that a violation of section 215 has oc- badges and other similar devices to employ- sel’s designee. curred. ees in order to monitor their exposures. (c) The conduct of inspections shall be such §4.10 Inspection not warranted; informal re- §4.12 Imminent danger. as to preclude unreasonable disruption of the view. (a) Whenever and as soon as a designee of operations of the employing office. (a) If the General Counsel’s designee deter- the General Counsel concludes on the basis (d) At the conclusion of an inspection, the mines that an inspection is not warranted of an inspection that conditions or practices General Counsel’s designee shall confer with because there are no reasonable grounds to exist in any place of employment which the employing office or its representative believe that a violation or danger exists with could reasonably be expected to cause death and informally advise it of any apparent respect to a notice of violation under section or serious physical harm immediately or be- safety or health violations disclosed by the 4.03(a), he or she shall notify the party giv- fore the imminence of such danger can be inspection. During such conference, the em- ing the notice in writing of such determina- eliminated through the enforcement proce- ploying office shall be afforded an oppor- tion. Upon the request of the complaining dures otherwise provided for by section tunity to bring to the attention of the Gen- party or the employing office, the General 215(c), he or she shall inform the affected em- eral Counsel’s designee any pertinent infor- Counsel, at his or her discretion, may hold ployees and employing offices of the danger mation regarding conditions in the work- an informal conference in which the com- and that he or she is recommending the fil- place. plaining party and the employing office may ing of a petition to restrain such conditions (e) Inspections shall be conducted in ac- present their views orally and in writing. or practices and for other appropriate relief cordance with the requirements of this sub- After considering all written and oral views in accordance with section 13(a) of the part. presented, the General Counsel may affirm, OSHAct, as applied by section 215(b) of the

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Pur- to abate such danger. the Executive Director under section 414 of suant to section 215(c)(4) of the CAA, the §4.13 Posting of citations. the CAA and section 9.05 of these rules. If the Board may refer any matter appropriate for (a) Upon receipt of any citation under sec- conference is requested by the employing of- hearing to a hearing officer under sub- tion 215 of the CAA, the employing office fice, an affected employee or the employee’s sections (b) through (h) of section 405, sub- shall immediately post such citation, or a representative shall be afforded an oppor- ject to review by the Board pursuant to sec- copy thereof, unedited, at or near each place tunity to participate, at the discretion of the tion 406. The procedures set forth at sections an alleged violation referred to in the cita- General Counsel. If the conference is re- 7.01 through 7.16 of these rules shall govern tion occurred, except as provided below. quested by an employee or representative of hearings under this subpart. (b) Contents. An application filed pursuant Where, because of the nature of the employ- employees, the employing office shall be af- to paragraph (a) of this section shall include: ing office’s operations, it is not practicable forded an opportunity to participate, at the discretion of the General Counsel. Any party (1) The name and address of the applicant; to post the citation at or near each place of (2) The address of the place or places of em- alleged violation, such citation shall be post- may be represented by counsel at such con- ference. ployment involved; ed, unedited, in a prominent place where it (3) A specification of the standard or por- RULES OF PRACTICE FOR VARIANCES, LIMITA- will be readily observable by all affected em- tion thereof from which the applicant seeks TIONS, VARIATIONS, TOLERANCES, AND EX- ployees. For example, where employing of- a variance; EMPTIONS fices are engaged in activities which are (4) A representation by the applicant, sup- physically dispersed, the citation may be § 4.20 Purpose and scope. ported by representations from qualified per- posted at the location to which employees Sections 4.20 through 4.31 contain rules of sons having first-hand knowledge of the facts report each day. Where employees do not pri- practice for administrative proceedings to represented, that the applicant is unable to marily work at or report to a single location, grant variances and other relief under sec- comply with the standard or portion thereof the citation may be posted at the location tions 6(b)(6)(A) and 6(d) of the Williams- by its effective date and a detailed state- from which the employees operate to carry Steiger Occupational Safety and Health Act ment of the reasons therefor; out their activities. The employing office of 1970, as applied by section 215(c)(4) of the (5) A statement of the steps the applicant shall take steps to ensure that the citation CAA. has taken and will take, with specific dates is not altered, defaced, or covered by other § 4.21 Definitions. where appropriate, to protect employees material. As used in sections 4.20 through 4.31, unless against the hazard covered by the standard; (b) Each citation, or a copy thereof, shall the context clearly requires otherwise— (6) A statement of when the applicant ex- remain posted until the violation has been (a) OSHAct means the Williams-Steiger Oc- pects to be able to comply with the standard abated, or for 3 working days, whichever is cupational Safety and Health Act of 1970, as and of what steps the applicant has taken later. The pendency of any proceedings re- applied to covered employees and employing and will take, with specific dates where ap- garding the citation shall not affect its post- offices under section 215 of the CAA. propriate, to come into compliance with the ing responsibility under this section unless (b) Party means a person admitted to par- standard; and until the Board issues a final order ticipate in a hearing conducted in accord- (7) A statement of the facts the applicant vacating the citation. ance with this subpart. An applicant for re- would show to establish that (i) the appli- (c) An employing office to whom a citation lief and any affected employee shall be enti- cant is unable to comply with a standard by has been issued may post a notice in the tled to be named parties. The General Coun- its effective date because of unavailability of same location where such citation is posted sel shall be deemed a party without the ne- professional or technical personnel or of ma- indicating that the citation is being con- cessity of being named. terials and equipment needed to come into tested before the Board, and such notice may (c) Affected employee means an employee compliance with the standard or because explain the reasons for such contest. The em- who would be affected by the grant or denial necessary construction or alteration of fa- ploying office may also indicate that speci- of a variance, limitation, variation, toler- cilities cannot be completed by the effective fied steps have been taken to abate the viola- ance, or exemption, or any one of the em- date; (ii) the applicant is taking all available tion. ployee’s authorized representatives, such as steps to safeguard its employees against the §4.14 Failure to correct a violation for which a the employee’s collective bargaining agent. hazards covered by the standard; and (iii) the citation has been issued; notice of failure to § 4.22 Effect of variances. applicant has an effective program for com- correct violation; complaint. ing into compliance with the standard as All variances granted pursuant to this part (a) If the General Counsel determines that quickly as practicable; shall have only future effect. In its discre- (8) Any request for a hearing, as provided an employing office has failed to correct an tion, the Board may decline to entertain an alleged violation for which a citation has in this part; application for a variance on a subject or (9) A statement that the applicant has in- been issued within the period permitted for issue concerning which a citation has been its correction, he or she may issue a notifica- formed its affected employees of the applica- issued to the employing office involved and a tion by giving a copy thereof to their author- tion to the employing office of such failure proceeding on the citation or a related issue prior to filing a complaint against the em- ized representative, posting a statement, giv- concerning a proposed penalty or period of ing a summary of the application and speci- ploying office under section 215(c)(3) of the abatement is pending before the General CAA. Such notification shall fix a reasonable fying where a copy may be examined, at the Counsel, a hearing officer, or the Board until place or places where notices to employees time or times for abatement of the alleged the completion of such proceeding. violation for which the citation was issued are normally posted, and by other appro- § 4.23 Public notice of a granted variance, limi- and shall be posted in accordance with sec- priate means; and tation, variation, tolerance, or exemption. tion 4.13 of these rules. Nothing in these (10) A description of how affected employ- rules shall require the General Counsel to Every final action granting a variance, ees have been informed of the application issue such a notification as a prerequisite to limitation, variation, tolerance, or exemp- and of their right to petition the Board for a filing a complaint under section 215(c)(3) of tion under this part shall be made public. hearing. (c) Interim order—(1) Application. An appli- the CAA. Every such final action shall specify the al- cation may also be made for an interim order (b) If after issuing a citation or notifica- ternative to the standard involved which the to be effective until a decision is rendered on tion, the General Counsel believes that a vio- particular variance permits. the application for the variance filed pre- lation has not been corrected, the General § 4.24 Form of documents. viously or concurrently. An application for Counsel may file a complaint with the Office (a) Any applications for variances and an interim order may include statements of against the employing office named in the other papers that are filed in proceedings fact and arguments as to why the order citation or notification pursuant to section under sections 4.20 through 4.31 of these rules should be granted. The hearing officer to 215(c)(3) of the CAA. The complaint shall be shall be written or typed. All applications whom the Board has referred the application submitted to a Hearing Officer for decision for variances and other papers filed in vari- may rule ex parte upon the application. pursuant to subsections (b) through (h) of ance proceedings shall be signed by the ap- (2) Notice of denial of application. If an ap- section 405, subject to review by the Board plying employing office, or its representa- plication filed pursuant to paragraph (c)(1) of pursuant to section 406. The procedures of tive, and shall contain the information re- this section is denied, the applicant shall be sections 7.01 through 7.16 of these rules gov- quired by section 4.25 or 4.26 of these rules, given prompt notice of the denial, which ern complaint proceedings under this sec- as applicable. shall include, or be accompanied by, a brief tion. § 4.25 Applications for temporary variances statement of the grounds therefor. § 4.15 Informal conferences. and other relief. (3) Notice of the grant of an interim order. If At the request of an affected employing of- (a) Application for variance. Any employing an interim order is granted, a copy of the fice, employee, or representative of employ- office, or class of employing offices, desiring order shall be served upon the applicant for

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Any agreement containing used to inform them of an application for a (iv) If the applicant is an employing office, consent findings and rule or order disposing variance. a certification that the applicant has in- of a proceeding shall also provide: § 4.26 Applications for permanent variances formed its affected employees of the applica- (1) That the rule or order shall have the and other relief. tion by: same force and effect as if made after a full (A) Giving a copy thereof to their author- (a) Application for variance. Any employing hearing; ized representative; (2) That the entire record on which any office, or class of employing offices, desiring (B) Posting at the place or places where rule or order may be based shall consist sole- a variance authorized by section 6(d) of the notices to employees are normally posted, a ly of the application and the agreement; OSHAct, as applied by section 215 of the statement giving a summary of the applica- (3) A waiver of any further procedural CAA, may file a written application con- tion and specifying where a copy of the full steps before the Hearing Officer and the taining the information specified in para- application may be examined (or, in lieu of Board ; and graph (b) of this section, with the Board. the summary, posting the application itself); (4) A waiver of any right to challenge or Pursuant to section 215(c)(4) of the CAA, the and contest the validity of the findings and of Board may refer any matter appropriate for (C) Other appropriate means. the rule or order made in accordance with hearing to a Hearing Officer under sub- (v) If the applicant is an affected employee, the agreement. sections (b) through (h) of section 405, sub- a certification that a copy of the application (c) Submission. On or before the expiration ject to review by the Board pursuant to sec- has been furnished to the employing office; of the time granted for negotiations, the par- tion 406. and (b) Contents. An application filed pursuant ties or their counsel may: (vi) Any request for a hearing, as provided (1) Submit the proposed agreement to the to paragraph (a) of this section shall include: (1) The name and address of the applicant; in this part. Hearing Officer for his or her consideration; (2) The address of the place or places of em- (b) Renewal. Any final order issued under or ployment involved; section 6(b)(6)(A) of the OSHAct, as applied (2) Inform the Hearing Officer that agree- (3) A description of the conditions, prac- by section 215 of the CAA, may be renewed or ment cannot be reached. tices, means, methods, operations, or proc- extended as permitted by the applicable sec- (d) Disposition. In the event an agreement esses used or proposed to be used by the ap- tion and in the manner prescribed for its containing consent findings and rule or order plicant; issuance. is submitted within the time allowed there- (4) A statement showing how the condi- §4.28 Action on applications. for, the Hearing Officer may accept such agreement by issuing his or her decision tions, practices, means, methods, operations, (a) Defective applications. (1) If an applica- based upon the agreed findings. or processes used or proposed to be used tion filed pursuant to sections 4.25(a), 4.26(a), would provide employment and places of em- or 4.27 does not conform to the applicable §4.31 Order of proceedings and burden of proof. ployment to employees which are as safe and section, the Hearing Officer or the Board, as (a) Order of proceeding. Except as may be healthful as those required by the standard applicable, may deny the application. ordered otherwise by the Hearing Officer, the from which a variance is sought; (2) Prompt notice of the denial of an appli- party applicant for relief shall proceed first (5) A certification that the applicant has cation shall be given to the applicant. at a hearing. informed its employees of the application by (3) A notice of denial shall include, or be (b) Burden of proof. The party applicant (i) giving a copy thereof to their authorized accompanied by, a brief statement of the shall have the burden of proof. representative; (ii) posting a statement giv- grounds for the denial. §5.01(a)(2) ing a summary of the application and speci- (4) A denial of an application pursuant to (a)(2) The General Counsel may file a com- fying where a copy may be examined, at the this paragraph shall be without prejudice to plaint alleging a violation of section 210, 215 place or places where notices to employees the filing of another application. or 220 of the Act. are normally posted (or in lieu of such sum- (b) Adequate applications. (1) If an applica- mary, the posting of the application itself); tion has not been denied pursuant to para- §5.01(b)(2) and (iii) by other appropriate means; graph (a) of this section, the Office shall (b)(2) A complaint may be filed by the Gen- (6) Any request for a hearing, as provided cause to be published a notice of the filing of eral Counsel in this part; and the application. (i) after the investigation of a charge filed (7) A description of how employees have (2) A notice of the filing of an application under section 210 or 220 of the Act, or been informed of the application and of their shall include: (ii) after the issuance of a citation or noti- right to petition the Board for a hearing. (i) The terms, or an accurate summary, of fication under section 215 of the Act. (c) Interim order—(1) Application. An appli- the application; §5.01(c)(2) cation may also be made for an interim order (ii) A reference to the section of the (c)(2) Complaints filed by the General to be effective until a decision is rendered on OSHAct applied by section 215 of the CAA Counsel. A complaint filed by the General the application for the variance filed pre- under which the application has been filed; Counsel shall be in writing, signed by the viously or concurrently. An application for (iii) An invitation to interested persons to General Counsel or his designee and shall an interim order may include statements of submit within a stated period of time writ- contain the following information: fact and arguments as to why the order ten data, views, or arguments regarding the (i) the name, address and telephone num- should be granted. The hearing officer to application; and ber of, as applicable, (A) each entity respon- whom the Board has referred the application (iv) Information to affected employing of- sible for correction of an alleged violation of may rule ex parte upon the application. fices, employees, and appropriate authority section 210(b), (B) each employing office al- (2) Notice of denial of application. If an ap- having jurisdiction over employment or leged to have violated section 215, or (C) each plication filed pursuant to paragraph (c)(1) of places of employment covered in the applica- employing office and/or labor organization this section is denied, the applicant shall be tion of any right to request a hearing on the alleged to have violated section 220, against given prompt notice of the denial, which application. shall include, or be accompanied by, a brief which complaint is brought; statement of the grounds therefor. §4.29 Consolidation of proceedings. (ii) notice of the charge filed alleging a (3) Notice of the grant of an interim order. If On the motion of the Hearing Officer or the violation of section 210 or 220 and/or issuance an interim order is granted, a copy of the Board or that of any party, the Hearing Offi- of a citation or notification under section order shall be served upon the applicant for cer or the Board may consolidate or contem- 215; the order and other parties and the terms of poraneously consider two or more pro- (iii) a description of the acts and conduct the order shall be made public. It shall be a ceedings which involve the same or closely that are alleged to be violations of the Act, condition of the order that the affected em- related issues. including all relevant dates and places and ploying office shall give notice thereof to af- §4.30 Consent findings and rules or orders. the names and titles of the responsible indi- viduals; and fected employees by the same means to be (a) General. At any time before the receipt (iv) a statement of the relief or remedy used to inform them of an application for a of evidence in any hearing, or during any sought. variance. hearing a reasonable opportunity may be af- §4.27 Modification or revocation of orders. forded to permit negotiation by the parties §5.01(d) (a) Modification or revocation. An affected of an agreement containing consent findings (d) Amendments to the complaint may be employing office or an affected employee and a rule or order disposing of the whole or permitted by the Office or, after assignment, may apply in writing to the Board for a any part of the proceeding. The allowance of by a Hearing Officer, on the following condi- modification or revocation of an order issued such opportunity and the duration thereof tions: that all parties to the proceeding have under section 6(b)(6)(A), or 6(d) of the shall be in the discretion of the Hearing Offi- adequate notice to prepare to meet the new OSHAct, as applied by section 215 of the cer, after consideration of the nature of the allegations; that the amendments, as appro- CAA. The application shall contain: proceeding, the requirements of the public priate, relate to the violations for which the

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S30 CONGRESSIONAL RECORD — SENATE January 7, 1997 employee has completed counseling and me- eral Circuit shall have jurisdiction over any protections of eleven federal labor and em- diation, or relate to the charge(s) inves- proceeding commenced by a petition of: ployment statutes to covered employees and tigated and/or the citation or notification (1) a party aggrieved by a final decision of entities within the legislative branch. Sec- issued by the General Counsel; and that per- the Board under section 406(e) in cases aris- tion 210(b) provides that the rights and pro- mitting such amendments will not unduly ing under part A of title II; tections against discrimination in the provi- prejudice the rights of the employing office, (2) a charging individual or respondent be- sion of public services and accommodations the labor organization, or other parties, un- fore the Board who files a petition under sec- established by the provisions of Titles II and duly delay the completion of the hearing or tion 210(d)(4); III (sections 201 through 230, 302, 303, and 309) otherwise interfere with or impede the pro- (3) the General Counsel or a respondent be- of the Americans With Disabilities Act of ceedings. fore the Board who files a petition under sec- 1990, 42 U.S.C. §§ 12131-12150, 12182, 12183, and §5.04 Confidentiality. tion 215(c)(5); or 12189 (‘‘ADA’’) shall apply to specified Legis- (4) the General Counsel or a respondent be- lative Branch entities. 2 U.S.C. § 1331(b). Pursuant to section 416(c) of the Act, all fore the Board who files a petition under sec- Title II of the ADA generally prohibits dis- proceedings and deliberations of Hearing Of- tion 220(c)(3) of the Act. crimination on the basis of disability in the ficers and the Board, including any related (b) The U.S. Court of Appeals for the Fed- provision of services, programs, or activities records, shall be confidential. Section 416(c) eral Circuit shall have jurisdiction over any by any ‘‘public entity.’’ Section 210(b)(2) of does not apply to proceedings under section petition of the General Counsel, filed in the the CAA defines the term ‘‘public entity’’ for 215 of the Act, but does apply to the delibera- name of the Office and at the direction of the Title II purposes as any entity listed above tions of Hearing Officers and the Board Board, to enforce a final decision under sec- that provides public services, programs, or under section 215. A violation of the con- tion 405(g) or 406(e) with respect to a viola- activities. 2 U.S.C. § 1331(b)(2). Title III of the fidentiality requirements of the Act and tion of part A, B, C, or D of title II of the ADA generally prohibits discrimination on these rules could result in the imposition of Act. the basis of disability by public accommoda- sanctions. Nothing in these rules shall pre- (c) The party filing a petition for review tions and requires places of public accommo- vent the Executive Director from reporting shall serve a copy on the opposing party or dation and commercial facilities to be de- statistical information to the Senate and parties or their representative(s). signed, constructed, and altered in compli- House of Representatives, so long as that Signed at Washington, D.C. on this 20th ance with accessibility standards. statistical information does not reveal the day of December, 1996. Section 210(e) of the CAA requires the identity of the employees involved or of em- RICKY SILBERMAN, Board of Directors of the Office of Compli- ploying offices that are the subject of a mat- Executive Director, ance established under the CAA to issue reg- ter. Office of Compliance. ulations implementing the section. 2 U.S.C. § 7.07(f) § 1331(e). Section 210(e) further states that f (f) If the Hearing Officer concludes that a such regulations ‘‘shall be the same as sub- representative of an employee, a witness, a NOTICE OF ADOPTION OF REGULA- stantive regulations promulgated by the At- charging party, a labor organization, an em- TION AND SUBMISSION FOR AP- torney General and the Secretary of Trans- ploying office, or an entity alleged to be re- PROVAL portation to implement the statutory provi- sponsible for correcting a violation has a sions referred to in subsection (b) except to Mr. THURMOND. Mr. President, pur- the extent that the Board may determine, conflict of interest, he or she may, after giv- for good cause shown and stated together ing the representative an opportunity to re- suant to section 304(b) of the Congres- with the regulation, that a modification of spond, disqualify the representative. In that sional Accountability Act of 1995 (2 such regulations would be more effective for event, within the time limits for hearing and U.S.C. sec. 1384(b)), a notice of adoption the implementation of the rights and protec- decision established by the Act, the affected of regulation and submission for ap- tions under this section.’’ Id. Section 210(e) party shall be afforded reasonable time to re- proval was submitted by the Office of further provides that the regulations shall tain other representation. Compliance, U.S. Congress. The notice include a method of identifying, for purposes § 7.12 contains final regulations related to of this section and for different categories of Pursuant to section 416 of the Act, all pro- the extension of rights and protections violations of subsection (b), the entity re- ceedings and deliberations of Hearing Offi- under the Americans With Disabilities sponsible for correction of a particular viola- cers and the Board, including the transcripts Act of 1990 (Regulations under section tion. 2 U.S.C. § 1331(e). On September 19, 1996, the Board published of hearings and any related records, shall be 210 of the Congressional Accountability confidential, except as specified in section in the Congressional Record a Notice of Pro- 416(d), (e), and (f) of the Act. All parties to Act of 1995). posed Rulemaking (‘‘NPR’’) (142 Cong. Rec. the proceeding and their representatives, and The Congressional Accountability S11019 (daily ed., Sept. 19, 1996)). In response witnesses who appear at the hearing, will be Act requires this notice be printed in to the NPR, the Board received three written advised of the importance of confidentiality the CONGRESSIONAL RECORD, therefore I comments.1 After full consideration of the in this process and of their obligations, sub- ask unanimous consent that the notice comments received in response to the pro- ject to sanctions, to maintain it. This provi- be printed in the RECORD. posed regulations, the Board has adopted and sion shall not apply to proceedings under There being no objection, the notice is submitting these regulations for approval by the Congress. section 215 of the Act, but shall apply to the was ordered to be printed in the deliberations of Hearing Officers and the I. Summary of Comments and Board’s Final RECORD, as follows: Board under that section. Rules OFFICE OF COMPLIANCE—THE CONGRESSIONAL § 8.03(a) A. Request for additional rulemaking ACCOUNTABILITY ACT OF 1995: EXTENSION OF proceedings (a) Unless the Board has, in its discretion, RIGHTS AND PROTECTIONS UNDER THE AMER- One commenter requested that the Board stayed the final decision of the Office during ICANS WITH DISABILITIES ACT OF 1990 RE- withdraw its proposed regulations and en- the pendency of an appeal pursuant to sec- LATING TO PUBLIC SERVICES AND ACCOM- gage in what it termed ‘‘investigative rule- tion 407 of the Act, and except as provided in MODATIONS sections 210(d)(5) and 215(c)(6), a party re- making,’’ which apparently is to include dis- NOTICE OF ADOPTION OF REGULATION AND quired to take any action under the terms of cussions with involved parties regarding the SUBMISSION FOR APPROVAL a final decision of the Office shall carry out nature and scope of the regulations. This re- its terms promptly, and shall within 30 days Summary: The Board of Directors, Office of quest was also made by the commenter re- after the decision or order becomes final and Compliance, after considering comments to garding the proposed rules under section 215, goes into effect by its terms, provide the Of- its Notice of Proposed Rulemaking published which the Board has discussed in the pre- fice and all other parties to the proceedings September 19, 1996, in the Congressional amble to the final rules submitted concur- with a compliance report specifying the Record, has adopted, and is submitting for rently with these rules. The Board deter- manner in which compliance with the provi- approval by the Congress, final regulations mines that further rulemaking proceedings sions of the decision or order has been ac- implementing section 210 of the Congres- are not required for the reasons set forth in complished. If complete compliance has not sional Accountability Act of 1995 (‘‘CAA’’). been accomplished within 30 days, the party For Further Information Contact: Executive 1 One of these commenters made no comments re- required to take any such action shall sub- Director, Office of Compliance, Room LA 200, garding any specific portion of the proposed rules, mit a compliance report specifying why com- Library of Congress, Washington, D.C. 20540- except to encourage the Board to ensure that the pliance with any provision of the decision 1999. Telephone: (202) 724–9250. TDD: (202) 426– anti-retaliation provisions of section 207 of the CAA 1912. are applied to the statutory and regulatory pro- order has not yet been fully accomplished, ceedings under section 210. As the Board noted in the steps being taken to assure full compli- SUPPLEMENTARY INFORMATION NPR, although section 207 provides a comprehensive ance, and the anticipated date by which full Background and Summary retaliation protection for employees (including ap- compliance will be achieved. plicants and former employees who may invoke The Congressional Accountability Act of § 8.04 Judicial review. their rights under section 210), section 207 does not 1995 (‘‘CAA’’), P.L. 104–1, was enacted into apply to nonemployees who may enjoy rights and Pursuant to section 407 of the Act, (a) the law on January 23, 1995. 2 U.S.C. §§ 1301 et seq. protections against discrimination under section United States Court of Appeals for the Fed- In general, the CAA applies the rights and 210.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S31 the preamble to the final rules under section ment title II of the ADA, which the Attorney C. Specific issues regarding the Attorney 215. General has interpreted to apply to all ac- General’s title III regulations B. Specific issues regarding adoption of the tivities of a public entity, including employ- 1. Section 36.104 (definitions).—One com- Attorney General’s title II regulations ment. See 56 Fed. Reg. at 35707 (preamble to menter recommended that the definition of final rule regarding part 35). Accordingly, 1. Self-evaluation, notice, and designation of ‘‘place of public accommodation’’ in pro- since section 35.140 implements a provision posed section 36.104, which lists the kinds of responsible employee and adoption of grievance of title II of the ADA that is made applicable provisions (sections 35.105, 35.106, and 35.107).— facilities or activities that may meet the to covered entities under section 210(b) of the definition, delete references to terms such as The Board proposed adoption of the Attorney CAA, it is within the scope of Board rule- ‘‘inn,’’ ‘‘hotel,’’ ‘‘motel,’’ ‘‘motion picture General’s regulations at sections 35.106 making authority and mandate under sec- house,’’ etc., since such facilities do not exist through 35.107, which require covered enti- tion 210(e) of the CAA. ties to conduct a self-evaluation of their fa- The EEOC’s ADA regulations referenced in within the Legislative Branch. But the defi- cilities for compliance with disability access section 35.140 are effective only insofar as nition of ‘‘place of public accommodation’’ requirements and to provide notice to indi- such regulations are relevant to a covered contained in section 36.104 tracks the statu- viduals informing them of their rights and employee’s claim under title II of the ADA, tory language of section 301(7) of the ADA. protections under the ADA and, for entities as applied by section 210. By adopting sec- The terms used in section 36.104 are merely that employ 50 or more employees, to main- tion 35.140, the Board does not intend to es- representative examples of the types of fa- tain the self-evaluation on file and available tablish rights or provide substantive legal cilities that fall within the 12 categories of for inspection for three years, designate a re- rules applicable to any claim under title I of ‘‘places of public accommodation’’ in the sponsible employee, and adopt a grievance the ADA, as applied by section 201 of the statute. See 56 Fed. Reg. at 7458 (preamble to procedure. ADA; however, the Board recognizes that Attorney General’s title III regulations). The One commenter argued that, although this distinction between titles I and II of the Board finds no basis for concluding that dele- these sections are within the scope of regula- ADA may, as a practical matter, be blurred tion of these references would be ‘‘more ef- tions to be adopted under section 210(e), since both types of claims might conceivably fective’’ for the implementation of title II to there is ‘‘good cause’’ not to adopt the self- be brought in a single employment discrimi- covered entities. Accordingly, the Board will evaluation requirements of section 35.105. In nation case under section 201 of the CAA. not alter this definition. the commenter’s view, the General Counsel’s Moreover, adoption of section 35.106 would 2. Section 36.207 (places of public accommoda- inspections under section 210(f) of the CAA not constitute executive branch enforcement tion in private residences).—The Board pro- serve the same purpose as the self-evaluation since any claim (and the resulting interpre- posed adoption of section 36.207 of the Attor- under section 35.105 of the Attorney Gen- tation of the law thereof) would be in a pro- ney General’s title III regulations, which eral’s regulations. The Board does not agree. ceeding under section 201 of the CAA before deal with the situation where all or part of In order to modify an adopted regulation, the hearing officer of the Office and/or before a residence may be used as a place of public the Board must have good cause to believe the Board. accommodation. One commenter requested that the modification would be ‘‘more effec- Accordingly, section 35.106 will be included that the Board exempt House Members’ resi- tive’’ for the implementation of the rights within the Board’s final regulations. dences from this regulation because, in the and responsibilities under section 210. 2 3. Substitution of the terms ‘‘disability’’ for commenter’s view, it would be unnecessary U.S.C. § 1331. That a regulatory requirement ‘‘handicaps’’ and ‘‘TTY’s’’ for ‘‘TDD’s’’ (sec- and burdensome for a Member, potentially in may arguably serve the same purpose as tions 35.150, and sections 35.104 and 35.161).— office for only two years, to be required to other statutory requirements of the CAA The Board will substitute the term ‘‘dis- incur large financial expenses in making does not establish that its elimination would ability’’ for ‘‘handicap’’ in section modifications to his/her home to comply result in a ‘‘more effective’’ implementation 35.150(b)(2)(ii) of the regulations, as rec- with section 210. of section 210 rights and protections. ommended by a commenter. The commenter’s concern is apparently On the contrary, requiring entities to con- In sections 35.104 and 35.161 and elsewhere based on the erroneous assumption that duct a self-evaluation after January 1, 1997 in the proposed regulations, the Board sub- compliance with section 210 would, in all (the effective date of section 210), and requir- stituted the term ‘‘text telephones’’ cases, require a Member using his/her resi- ing larger entities to retain a record of that (‘‘TTY’s’’) for ‘‘telecommunication devices dence as a District Office to make expensive self-evaluation, would likely assist the Gen- for the deaf’’ (‘‘TDD’s’’), which was used in and extensive physical alterations in the res- eral Counsel in conducting the section 210(f) the text of the regulations. The Board will idence to meet the law’s requirements. On inspections for the 105th Congress in an expe- use the terms used by the Attorney General the contrary, as the General Counsel made in the regulations, as recommended by one ditious manner. Moreover, it is conceivable clear in his Report to the Congress on com- commenter. that a self-evaluation might reveal informa- pliance with section 210, ‘‘[a]lthough it is 4. Subpart F (compliance procedures).—In the sometimes the case that accessibility re- tion or raise accessibility issues that may NPR, the Board determined that Subpart F, quires barrier removal as the only effective not arise from the General Counsel’s inspec- which sets forth administrative enforcement option, most covered entities can meet ADA tions. Thus, in the Board’s view, requiring procedures under title II of the ADA, imple- requirements by modifying the way their entities to proactively investigate their fa- ments provisions of the ADA which are ap- programs are operated to ensure that indi- cilities and activities for compliance, rather plied by section 210(b) of the CAA and, there- than placing sole reliance on the General fore, is within the Board’s rulemaking au- viduals with disabilities may have access to Counsel’s inspections, would enhance overall thority under section 210(e)(2). The Board ex- them.’’ General Counsel’s Report at p. 5. compliance with section 210. Because there is pressed its intention to adopt Subpart F as Moreover, to the Board’s knowledge, no no ‘‘good cause’’ to modify section 35.105, the regulations under section 210(e), but also to Member is required to use his/her residence Board adopts it, as proposed in the NPR. incorporate those provisions into the Office’s as a location for the Member’s public activ- 2. Employment discrimination provisions (sec- procedural rules, with appropriate modifica- ity. Thus, one option for that Member would tion 35.140).—The Board proposed adoption of tion to conform to section 210 and pre- be to locate his/her public activity (the Dis- the employment discrimination provisions of existing provisions of the Office’s procedural trict Office, constituent meetings, public section 35.140 as part of its regulations under rules. gatherings, etc.) in a separate office or other section 210(e) of the CAA. But the Board also Two commenters have requested that the appropriate facility. Still other compliance proposed to add a statement that, pursuant provisions of Subpart F, with the Board’s in- options in this context (including technical to section 210(c) of the CAA, section 201 pro- tended modifications to conform to the stat- assistance to meet accessibility standards) vided the exclusive remedy for any such act ute, be included within the Board’s regula- may be acceptable to the General Counsel, of employment discrimination. tions herein so that the text of those regula- who has enforcement authority regarding Two commenters recommended that the tions may be considered and approved by the compliance under section 210. Board not adopt section 35.140. One com- Congress. As the Board determined in the In any event, the Board may not entertain menter argued that section 35.140 imple- NPR, Subpart F is within the scope of rule- a request to exempt any entity by regulation ments title I of the ADA (which is not incor- making under section 210(e). Moreover, the from the coverage of the CAA, in whole or in porated into section 210 of the CAA). The two provisions of Subpart F apply only to claims part, without statutory authorization. Noth- commenters also argued that the Board’s under section 210 of the CAA and are in no ing in section 210, the provisions of the ADA adoption of section 35.140 might be misinter- way duplicative of other procedures already applied thereunder, or the Attorney Gen- preted as an adoption of the ADA regulations adopted under section 303 of the CAA. Ac- eral’s regulations adopted by the Board, au- of the Equal Employment Opportunity Com- cordingly, the final regulations include Sub- thorizes the Board to provide regulatory ex- mission (‘‘EEOC’’) and, therefore, constitute part F, with appropriate modification to con- emptions from the public accommodations improper executive branch enforcement of form to the statutory procedures of section accessibility requirements. See White v. INS, the CAA. 210(e). The Board will renumber Subpart F as 75 F.3d 213, 215 (5th Cir. 1996) (agency cannot The Board has carefully considered these new Part 2 of the final regulations to make promulgate even substantive rules that are comments and, after doing so, has deter- clear that such procedures govern pro- contrary to statute). mined that adoption of section 35.140, as pro- ceedings under section 210, including those The Board also declines the commenter’s posed, is appropriate. Contrary to the com- brought under title II or title III. There is suggestion that the Board modify section menter’s statement, section 35.140 was pro- ‘‘good cause’’ to have one set of procedures 35.207 to impose section 210 requirements mulgated by the Attorney General to imple- governing claims under section 210. only if the Member uses the home as a public

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S32 CONGRESSIONAL RECORD — SENATE January 7, 1997 accommodation ‘‘regularly or on a day-to- procedures would not be required to make statutes to covered employees and employ- day basis.’’ If an entity’s facility or activity such changes under the CAA. See 142 Cong. ing offices within the legislative branch. constitutes a ‘‘place of public accommoda- Rec. at S11020. Of course, if changes in the Section 210(b) of the CAA provides that the tions’’ under the provisions of title III of the appendices and other external documents are rights and protections against discrimina- ADA, as applied by section 210 of the CAA, made by the Attorney General pursuant to tion in the provision of public services and the duty to meet accessibility requirements the notice and comment procedures of the accommodations established by the provi- applies, regardless of whether the operator of APA, the Board would likewise be required sions of Title II and III (sections 201 through the public accommodation maintains the ac- to follow the procedures of section 304 of the 230, 302, 303, and 309) of the Americans With commodation on a permanent, temporary, CAA to adopt those changes. Disabilities Act of 1990, 42 U.S.C. §§ 12131- seasonal, or intermittent basis. Under the E. Technical and nomenclature changes 12150, 12182, 12183, and 12189 (‘‘ADA’’) shall statute, once the conditions of coverage are One commenter has suggested a number of apply to the following entities: met, the obligation to ensure accessibility technical and nomenclature changes to the (1) each office of the Senate, including attaches so long as the portion of the facility text of the proposed regulations. The Board each office of a Senator and each committee; (2) each office of the House of Representa- at issue continues to constitute a ‘‘place of has considered each of the suggested changes tives, including each office of a Member of public accommodation.’’ This statutory re- and, where appropriate, incorporated them the House of Representatives and each com- quirement cannot be altered by the Board. into the final regulations. However, unless mittee; 3. Section 36.305(c) (access to multiplex cine- otherwise expressly stated, by making such (3) each joint committee of the Congress; mas).—The Board will delete proposed sec- changes, the Board does not intend a sub- (4) the Capitol Guide Service; tion 36.305(c) (relating to accessibility stand- stantive change in the meaning of the regu- ards for multiplex cinemas) from its final (5) the Capitol Police; lations.2 regulations, as recommended by two com- (6) the Congressional Budget Office; menters, because it does not appear to have II. Method of Approval (7) the Office of the Architect of the Cap- any conceivable applicability to facilities in The Board received no comments on the itol (including the Senate Restaurants and the Legislative Branch. method of approval for these regulations. the Botanic Garden); 4. Capitol buildings and grounds as historical Therefore, the Board continues to rec- (8) the Office of the Attending Physician properties.—One commenter has requested ommend that (1) the version of the proposed and that the Board issue regulations declaring regulations that shall apply to the Senate (9) the Office of Compliance. the Capitol Buildings and grounds as histor- and employees of the Senate should be ap- 2 U.S.C. § 1331(b). Title II of the ADA gen- ical properties for section 210 purposes, based proved by the Senate by resolution; (2) the erally prohibits discrimination on the basis on statutes the commenter contends estab- version of the proposed regulations that of disability in the provision of public serv- lish the recognition of the historic nature of shall apply to the House of Representatives ices, programs, activities by any ‘‘public en- such properties by Congress. See, e.g., 40 and employees of the House of Representa- tity.’’ Section 210(b)(2) of the CAA provides U.S.C. §§ 71a, 162-63. However, neither section tives should be approved by the House of that for the purpose of applying Title II of 210 of the CAA, the provisions of the ADA ap- Representatives by resolution; and (3) the the ADA the term ‘‘public entity’’ means plied thereunder, nor the Attorney General’s version of the proposed regulations that any entity listed above that provides public regulations adopted by the Board authorizes shall apply to other covered employees and services, programs, or activities. Title III of the Board to declare in its regulations any entities should be approved by the Congress the ADA generally prohibits discrimination particular properties as historic. The his- by concurrent resolution. on the basis of disability by public accom- toric nature of such properties, if relevant in Signed at Washington, D.C. on this 20th modations and requires places of public ac- a proceeding under section 210, may be raised day of December, 1996 commodation and commercial facilities to be and established by the appropriate respond- GLEN D. NAGER, designed, constructed, and altered in compli- ing entity before the General Counsel in an Chair of the Board, ance with accessibility standards. Section investigatory proceeding and/or before the Office of Compliance. 225(f) of the CAA provides that, ‘‘[e]xcept hearing officer or the Board in an appro- Accordingly, the Board of Directors of the where inconsistent with definitions and ex- priate adjudicatory proceeding. Office of Compliance hereby adopts and sub- emptions provided in this Act, the defini- mits for approval by the Congress the fol- D. Future changes in text of disability access tions and exemptions of the [ADA] shall lowing regulations: standards apply under this Act.’’ 2 U.S.C. § 1361(f)(1). ADOPTED REGULATIONS The commenters generally agreed with the Section 210(f) of the CAA requires that the Board’s proposed approach regarding future APPLICATION OF RIGHTS AND PROTECTIONS OF General Counsel of the Office of Compliance changes in the regulations of the Attorney THE AMERICANS WITH DISABILITIES ACT OF on a regular basis, and at least once each General and/or the Secretary of Transpor- 1990 RELATING TO PUBLIC SERVICES AND AC- Congress, conduct periodic inspections of all tation. However, one commenter suggested COMMODATIONS (SECTION 210 OF THE CON- covered facilities and to report to Congress that the Board expressly state the manner GRESSIONAL ACCOUNTABILITY ACT OF 1995) on compliance with disability access stand- and frequency by which it and the Office PART 1 MATTERS OF GENERAL APPLICABILITY TO ards under section 210. 2 U.S.C. § 1331(f). (b) Purpose and scope of regulations. The plan to inform covered entities and employ- ALL REGULATIONS PROMULGATED UNDER SEC- regulations set forth herein (Parts 1, 35, 36, ees of such changes in such rules and mate- TION 210 OF THE CONGRESSIONAL ACCOUNT- 37, and 38) are the substantive regulations rials. As stated in the NPR, the Board will ABILITY ACT OF 1995 that the Board of Directors of the Office of make any changes in the regulations under Sec. Compliance has promulgated pursuant to the procedures of section 304 of the CAA. 1.101 Purpose and scope section 210(e) of the CAA. Part 1 contains the Those changes will be made as frequently as 1.102 Definitions general provisions applicable to all regula- needed and it is impossible in the abstract 1.103 Notice of protection tions under section 210, including the method for the Board to establish a pre-set schedule 1.104 Authority of the Board of identifying entities responsible for cor- under which as yet unanticipated and un- 1.105 Method for identifying the entity re- recting a violation of section 210. Part 35 known changes to regulations will be made. sponsible for correction of violations of One commenter expressed concern that the contains the provisions regarding non- section 210 discrimination on the basis of disability in Board not make changes to any external doc- § 1.101 Purpose and scope. uments or standards without following the the provision of public services, programs, or (a) Section 210 of the CAA. Enacted into law rulemaking procedures of section 304 of the activities of covered entities. Part 36 con- on January 23, 1995, the Congressional Ac- CAA. The Board agrees that any changes to tains the provisions regarding non- countability Act (‘‘CAA’’) directly applies the regulations themselves should be subject discrimination on the basis of disability by the rights and protections of eleven federal to ordinary rulemaking procedures under public accommodations. Part 37 contains the labor and employment law and public access section 304. However, adoption of changes to provisions regarding transportation services the text of external documents, such as the for individuals with disabilities. Part 38 con- ADA Accessibility Guidelines for Buildings 2 An example of one technical or nomenclature tains the provisions regarding accessibility and Facilities included as an appendix to the change that the Board does not adopt is the sugges- specifications for transportation vehicles. Attorney General’s part 36 regulations, tion that the term ‘‘public’’ be deleted from pro- § 1.102 Definitions. posed section 35.102(a)(modifying ‘‘services, pro- should not be subject to notice and comment grams, or activities’’), since it does not appear in Except as otherwise specifically provided under section 304 unless the Attorney Gen- the text of the Attorney General’s regulations. How- in these regulations, as used in these regula- eral makes changes to such external docu- ever, in contrast to title II of the ADA, which ap- tions: ments pursuant to a notice and comment plies to all activities of a covered public entity (a) Act or CAA means the Congressional Ac- procedures of the APA. Where changes in (whether public or nonpublic), section 210(b)(2) countability Act of 1995 (Pub. L. 104–1, 109 those standards are adopted by the Attorney makes clear that a Legislative Branch entity is a Stat. 3, 2 U.S.C. §§ 1301-1438). General without notice and comment under defined covered entity if it ‘‘provides public services, (b) ADA means the provisions of the Amer- programs, or activities.’’ Thus, the addition of the the Administrative Procedure Act, such term ‘‘public’’ in proposed section 35.102(a) is a icans With Disabilities Act of 1990 (42 U.S.C. changes are not within the Board’s definition ‘‘technical’’ change in the Attorney General’s regu- §§ 12131–12150, 12182, 12183, and 12189) applied of ‘‘substantive regulations to implement’’ lations required by the language of section 210(b) of to covered entities by Section 210 of the the ADA and thus the notice and comment the CAA. CAA.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S33 (c) The term covered entity includes any of for purposes of this section and for cat- whether that entity is covered under the the following entities that either provides egories of violations of section 210(b), the en- CAA) under a contractual or other arrange- public services, programs, or activities, and/ tity responsible for correcting a particular ment or relationship with the entity. or that operates a place of public accommo- violation. This section 1.105 sets forth the (e) Allocation of Responsibility for Correction dation within the meaning of section 210 of method for identifying responsible entities of Title II and/or Title III Violations. Where the CAA: (1) each office of the Senate, in- for the purpose of allocating responsibility more than one entity is deemed an entity re- cluding each office of a Senator and each for correcting violations of section 210(b). sponsible for correction of a violation of committee; (2) each office of the House of (b) Categories of violations. Violations of the Title II and/or Title III rights and protec- Representatives, including each office of a rights and protections established in section tions under the method set forth in this sec- Member of the House of Representatives and 210(b) of the CAA that may form the basis for tion, as between those parties, allocation of each committee; (3) each joint committee of a charge filed with the General Counsel responsibility for complying with the obliga- the Congress; (4) the Capitol Guide Service; under section 210(d)(1) of the CAA or for a tions of Title II and/or Title III of the ADA (5) the Capitol Police; (6) the Congressional complaint filed by the General Counsel under as applied by section 210(b), and for correc- Budget Office; (7) the Office of the Architect section 210(d)(3) of the CAA fall into one (or tion of violations thereunder, may be deter- of the Capitol (including the Senate Res- both) of two categories: mined by contract or other enforceable ar- taurants and the Botanic Garden); (8) the Of- (i) Title II violations. A covered entity may rangement or relationship. fice of the Attending Physician; and (9) the violate section 210(b) if it discriminates PART 2 INVESTIGATION AND ENFORCEMENT Office of Compliance. against a qualified individual with a dis- PROCEDURES (d) Board means the Board of Directors of ability within the meaning of those provi- Sec. the Office of Compliance. sions of Title II of the ADA (sections 210 2.101 Charge filed with the General Counsel (e) Office means the Office of Compliance. through 230), applied to Legislative Branch 2.102 Service of charge or notice of charge (f) General Counsel means the General entities under section 210(b) of the CAA. 2.103 Investigations by the General Counsel Counsel of the Office of Compliance. (ii) Title III violations. A covered entity 2.104 Mediation § 1.103 Notice of protection. may also violate section 210(b) if it discrimi- nates against a qualified individual with a 2.105 Dismissal of charge Pursuant to section 301(h) of the CAA, the disability within the meaning of those provi- 2.106 Complaint by the General Counsel Office shall prepare, in a manner suitable for sions of Title III of the ADA (sections 302, 2.107 Settlement of complaints posting, a notice explaining the provisions of 303, and 309) applied to Legislative Branch 2.108 Compliance date section 210 of the CAA. Copies of such notice entities under section 210(b) of the CAA. § 2.101 Charge filed with the General Counsel. may be obtained from the Office of Compli- (c) Entity Responsible for Correcting a Viola- (a) Who may file. ance. tion of Title II Rights and Protections. Correc- (1) Any qualified individual with a dis- § 1.104 Authority of the Board. tion of a violation of the rights and protec- ability, as defined in section 201(2) of the Pursuant to sections 210 and 304 of the tions against discrimination under Title II of Americans with Disabilities Act of 1990 (42 CAA, the Board is authorized to issue regula- the ADA, as applied by section 210(b) of the U.S.C. 12131(2)), as applied by section 210 of tions to implement the rights and protec- CAA, is the responsibility of any entity list- the CAA and section 35.104 of the Board’s tions against discrimination on the basis of ed in subsection (a) of section 210 of the CAA regulations thereunder, who believes that he disability in the provision of public services that is a ‘‘public entity,’’ as defined by sec- or she has been subjected to discrimination and accommodations under the incorporated tion 210(b)(2) of the CAA, and that provides on the basis of a disability in violation of provisions of the ADA. Section 210(e) of the the specific public service, program, or activ- section 210 of the CAA by a covered entity, CAA directs the Board to promulgate regula- ity that forms the basis for the particular may file a charge against any entity respon- tions implementing section 210 that are ‘‘the violation of Title II rights and protections sible for correcting the violation with the same as substantive regulations promulgated set forth in the charge of discrimination General Counsel. A charge may not be filed by the Attorney General and the Secretary filed with the General Counsel under section under section 210 of the CAA by a covered of Transportation to implement the statu- 210(d)(1) of the CAA or the complaint filed by employee alleging employment discrimina- tory provisions referred to in subsection (b) the General Counsel with the Office under tion on the basis of disability; the exclusive except to the extent that the Board may de- section 210(d)(3) of the CAA. As used in this remedy for such discrimination are the pro- termine, for good cause shown and stated to- section, an entity provides a public service, cedures under section 201 of the CAA and gether with the regulation, that a modifica- program, or activity if it does so itself, or by subpart B of the Office’s procedural rules. tion of such regulations would be more effec- a person or other entity (whether public or (b) When to file. A charge under this section tive for the implementation of the rights and private and regardless of whether that entity must be filed with the General Counsel not protections under this section.’’ 2 U.S.C. is covered under the CAA) under a contrac- later than 180 days from the date of the al- § 1331(e). The regulations issued by the Board tual or other arrangement or relationship leged discrimination. herein are on all matters for which section with the entity. (c) Form and Contents. A charge shall be 210 of the CAA requires a regulation to be (d) Entity Responsible for Correction of Title written or typed on a charge form available issued. Specifically, it is the Board’s consid- III Rights and Protections. Correction of a vio- from the Office. All charges shall be signed ered judgment, based on the information lation of the rights and protections against and verified by the qualified individual with available to it at the time of promulgation of discrimination under Title III of the ADA, as a disability (hereinafter referred to as the these regulations, that, with the exception of applied by section 210(b) of the CAA, is the ‘‘charging party’’), or his or her representa- the regulations adopted and set forth herein, responsibility of any entity listed in sub- tive, and shall contain the following infor- there are no other ‘‘substantive regulations section (a) of section 210 of the CAA that mation: promulgated by the Attorney General and ‘‘operates a place of public accommodation’’ (i) the full name, mailing address, and tele- the Secretary of Transportation to imple- (as defined in this section) that forms the phone number(s) of the charging party; ment the statutory provisions referred to in basis, in whole or in part, for the particular (ii) the name, address, and telephone num- subsection (b) [of section 210 of the CAA]’’ violation of Title III rights and protections ber of the covered entit(ies) against which that need be adopted. set forth in the charge filed with the General the charge is brought, if known (hereinafter In promulgating these regulations, the Counsel under section 210(d)(1) of the CAA referred to as the ‘‘respondent’’); Board has made certain technical and no- and/or the complaint filed by the General (iii) the name(s) and title(s) of the indi- menclature changes to the regulations as Counsel with the Office under section vidual(s), if known, involved in the conduct promulgated by the Attorney General and 210(d)(3) of the CAA. that the charging party claims is a violation the Secretary. Such changes are intended to (i) Definitions. of section 210 and/or the location and de- make the provisions adopted accord more As used in this section: scription of the places or conditions within naturally to situations in the Legislative Public accommodation has the meaning set covered facilities that the charging party Branch. However, by making these changes, forth in Part 36 of these regulations. claims is a violation of section 210; Operates, with respect to the operations of the Board does not intend a substantive dif- (iv) a description of the conduct, locations, a place of public accommodation, includes ference between these regulations and those or conditions that form the basis of the the superintendence, control, management, of the Attorney General and/or the Secretary charge, and a brief description of why the or direction of the function of the aspects of from which they are derived. Moreover, such charging party believes the conduct, loca- the public accommodation that constitute changes, in and of themselves, are not in- tions, or conditions is a violation of section an architectural barrier or communication tended to constitute an interpretation of the 210; and barrier that is structural in nature, or that regulations or of the statutory provisions of (v) the name, address, and telephone num- otherwise forms the basis for a violation of the CAA upon which they are based. ber of the representative, if any, who will act the rights and protections of Title III of the on behalf of the charging party. § 1.105 Method for identifying the entity re- ADA as applied under section 210(b) of the sponsible for correction of violations of sec- CAA. § 2.102 Service of charge or notice of charge tion 210. (ii) As used in this section, an entity oper- Within ten (10) days after the filing of a (a) Purpose and Scope. Section 210(e)(3) of ates a place of public accommodation if it charge with the General Counsel’s Office (ex- the CAA provides that regulations under sec- does so itself, or by a person or other entity cluding weekends or holidays), the General tion 210(e) include a method of identifying, (whether public or private and regardless of Counsel shall serve the respondent with a

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S34 CONGRESSIONAL RECORD — SENATE January 7, 1997 copy of the charge, by certified mail, return 35.101 Purpose. Auxiliary aids and services includes— receipt requested, or in person, except when 35.102 Application. (1) Qualified interpreters, notetakers, tran- it is determined that providing a copy of the 35.103 Relationship to other laws. scription services, written materials, tele- charge would impede the law enforcement 35.104 Definitions. phone handset amplifiers, assistive listening functions of the General Counsel. Where a 35.105 Self-evaluation. devices, assistive listening systems, tele- copy of the charge is not provided, the re- 35.106 Notice. phones compatible with hearing aids, closed spondent will be served with a notice of the 35.107 Designation of responsible employee caption decoders, open and closed cap- charge within ten (10) days after the filing of and adoption of grievance procedures. tioning, telecommunications devices for deaf the charge. The notice shall include the date, 35.108–35.129 [Reserved] persons (TDD’s), videotext displays, or other place and circumstances of the alleged viola- Subpart B—General Requirements effective methods of making aurally deliv- tion of section 210. Where appropriate, the ered materials available to individuals with notice may include the identity of the person 35.130 General prohibitions against dis- crimination. hearing impairments; filing the charge. (2) Qualified readers, taped texts, audio re- § 2.103 Investigations by the General Counsel 35.131 Illegal use of drugs. 35.132 Smoking. cordings, Brailled materials, large print ma- The General Counsel or the General Coun- 35.133 Maintenance of accessible features. terials, or other effective methods of making sel’s designated representative shall prompt- visually delivered materials available to in- ly investigate each complaint alleging viola- 35.134 [Reserved] 35.135 Personal devices and services. dividuals with visual impairments; tions of section 210 of the CAA. As part of (3) Acquisition or modification of equip- the investigation, the General Counsel will 35.136–35.139 [Reserved] Subpart C—Employment ment or devices; and accept any statement of position or evidence (4) Other similar services and actions. with respect to the charge which the charg- 35.140 Employment discrimination prohib- Board means the Board of Directors of the ing party or the respondent wishes to sub- ited. Office of Compliance. mit. The General Counsel will use other 35.141–35.148 [Reserved] Current illegal use of drugs means illegal use methods to investigate the charge, as appro- Subpart D—Program Accessibility priate. of drugs that occurred recently enough to 35.149 Discrimination prohibited. § 2.104 Mediation justify a reasonable belief that a person’s 35.150 Existing facilities. drug use is current or that continuing use is If, upon investigation, the General Counsel 35.151 New construction and alterations. a real and ongoing problem. believes that a violation of section 210 may 35.152–35.159 [Reserved] have occurred and that mediation may be Disability means, with respect to an indi- Subpart E—Communications helpful in resolving the dispute, the General vidual, a physical or mental impairment Counsel may request, but not participate in, 35.160 General. that substantially limits one or more of the mediation under subsections (b) through (d) 35.161 Telecommunication devices for the major life activities of such individual; a of section 403 of the CAA and the Office’s deaf (TDD’s). record of such an impairment; or being re- procedural rules thereunder, between the 35.162 Telephone emergency services. garded as having such an impairment. charging party and any entity responsible 35.163 Information and signage. (1)(i) The phrase physical or mental impair- for correcting the alleged violation. 35.164 Duties. ment means— § 2.105 Dismissal of charge 35.165–35.169 [Reserved] (A) Any physiological disorder or condi- Where the General Counsel determines 35.170–35.189 [Reserved] tion, cosmetic disfigurement, or anatomical that a complaint will not be filed, the Gen- 35.190–35.999 [Reserved] loss affecting one or more of the following eral Counsel shall dismiss the charge. Subpart A—General body systems: Neurological, musculo- § 2.106 Complaint by the General Counsel § 35.101 Purpose. skeletal, special sense organs, respiratory (including speech organs), cardiovascular, re- (a) After completing the investigation, and The purpose of this part is to effectuate productive, digestive, genitourinary, hemic where mediation under section 2.104, if any, section 210 of the Congressional Account- and lymphatic, skin, and endocrine; has not succeeded in resolving the dispute, ability Act of 1995 (2 U.S.C. 1331 et seq.) and where the General Counsel has not set- which, inter alia, applies the rights and pro- (B) Any mental or psychological disorder tled or dismissed the charge, and if the Gen- tections of subtitle A of title II of the Ameri- such as mental retardation, organic brain eral Counsel believes that a violation of sec- cans with Disabilities Act of 1990 (42 U.S.C. syndrome, emotional or mental illness, and tion 210 may have occurred, the General 12131–12150), which prohibits discrimination specific learning disabilities. Counsel may file with the Office a complaint on the basis of disability by public entities. (ii) The phrase physical or mental impair- ment includes, but is not limited to, such against any entity responsible for correcting § 35.102 Application. the violation. contagious and noncontagious diseases and (b) The complaint filed by the General (a) Except as provided in paragraph (b) of conditions as orthopedic, visual, speech and Counsel under subsection (a) shall be sub- this section, this part applies to all public hearing impairments, cerebral palsy, epi- mitted to a hearing officer for decision pur- services, programs, and activities provided lepsy, muscular dystrophy, multiple scle- suant to subsections (b) through (h) of sec- or made available by public entities as de- rosis, cancer, heart disease, diabetes, mental tion 405 of the CAA. Any person who has filed fined by section 210 of the Congressional Ac- retardation, emotional illness, specific learn- countability Act of 1995. ing disabilities, HIV disease (whether symp- a charge under section 2.101 of these rules (b) To the extent that public transpor- tomatic or asymptomatic), tuberculosis, may intervene as of right with the full rights tation services, programs, and activities of drug addiction, and alcoholism. of a party. The procedures of sections 405 public entities are covered by subtitle B of through 407 of the CAA and the Office’s pro- title II of the ADA, as applied by section 210 (iii) The phrase physical or mental impair- cedural rules thereunder shall apply to hear- of the Congressional Accountability Act, ment does not include homosexuality or bi- ings and related proceedings under this sub- they are not subject to the requirements of sexuality. part. this part. (2) The phrase major life activities means § 2.107 Settlement of Complaints functions such as caring for one’s self, per- § 35.103 Relationship to other laws. Any settlement entered into by the parties forming manual tasks, walking, seeing, hear- (a) Rule of interpretation. Except as other- to any process described in this subpart shall ing, speaking, breathing, learning, and work- wise provided in this part, this part shall not be in writing and not become effective unless ing. be construed to apply a lesser standard than it is approved by the Executive Director (3) The phrase has a record of such an im- the standards applied under title V of the under section 414 of the CAA and the Office’s pairment means has a history of, or has been Rehabilitation Act of 1973 (29 U.S.C. 791) or procedural rules thereunder. misclassified as having, a mental or physical the regulations issued by Federal agencies § 2.108 Compliance Date impairment that substantially limits one or pursuant to that title. In any proceedings under this section, if it (b) Other laws. This part does not invali- more major life activities. is demonstrated by the entity responsible for date or limit the remedies, rights, and proce- (4) The phrase is regarded as having an im- correcting the violation that new appro- dures of any other Federal laws otherwise pairment means— priated funds are necessary to comply with applicable to covered entities that provide (i) Has a physical or mental impairment an order requiring correction of a violation greater or equal protection for the rights of that does not substantially limit major life of section 210, compliance shall take place as individuals with disabilities or individuals activities but that is treated by a public en- soon as possible, but no later than the fiscal associated with them. tity as constituting such a limitation; year following the end of the fiscal year in § 35.104 Definitions. (ii) Has a physical or mental impairment which the order requiring correction be- For purposes of this part, the term— that substantially limits major life activi- comes final and not subject to further re- Act or CAA means the Congressional Ac- ties only as a result of the attitudes of oth- view. countability Act of 1995 (Pub. L. 104–1, 109 ers toward such impairment; or PART 35—NONDISCRIMINATION ON THE Stat. 3, 2 U.S.C. §§ 1301–1438). (iii) Has none of the impairments defined BASIS OF DISABILITY IN PUBLIC SERV- ADA means the Americans with Disabil- in paragraph (1) of this definition but is ICES, PROGRAMS, OR ACTIVITIES ities Act ( 42 U.S.C. 12101–12213 and 47 U.S.C. treated by a public entity as having such an Subpart A—General 225 and 611), as applied to covered entities by impairment. Sec. section 210 of the CAA. (5) The term disability does not include—

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S35 (i) Transvestism, transsexualism, the effects thereof, that do not or may not (iv) Provide different or separate public pedophilia, exhibitionism, voyeurism, gender meet the requirements of this part and, to aids, benefits, or services to individuals with identity disorders not resulting from phys- the extent modification of any such services, disabilities or to any class of individuals ical impairments, or other sexual behavior policies, and practices is required, the public with disabilities than is provided to others disorders; entity shall proceed to make the necessary unless such action is necessary to provide (ii) Compulsive gambling, kleptomania, or modifications. qualified individuals with disabilities with pyromania; or (b) A public entity shall provide an oppor- public aids, benefits, or services that are as (iii) Psychoactive substance use disorders tunity to interested persons, including indi- effective as those provided to others; resulting from current illegal use of drugs. viduals with disabilities or organizations (v) Aid or perpetuate discrimination Drug means a controlled substance, as de- representing individuals with disabilities, to against a qualified individual with a dis- fined in schedules I through V of section 202 participate in the self-evaluation process by ability by providing significant assistance to of the Controlled Substances Act (21 U.S.C. submitting comments. an agency, organization, or person that dis- 812). (c) A public entity that employs 50 or more criminates on the basis of disability in pro- Facility means all or any portion of build- persons shall, for at least three years fol- viding any public aid, benefit, or service to ings, structures, sites, complexes, equip- lowing completion of the self-evaluation, beneficiaries of the public entity’s program; ment, rolling stock or other conveyances, maintain on file and make available for pub- (vi) Deny a qualified individual with a dis- roads, walks, passageways, parking lots, or lic inspection: ability the opportunity to participate as a other real or personal property, including (1) A list of the interested persons con- member of planning or advisory boards; (vii) Otherwise limit a qualified individual the site where the building, property, struc- sulted; with a disability in the enjoyment of any ture, or equipment is located. (2) A description of areas examined and right, privilege, advantage, or opportunity General Counsel means the General Counsel any problems identified; and enjoyed by others receiving the public aid, of the Office of Compliance. (3) A description of any modifications benefit, or service. Historic preservation programs means pro- made. § 35.106 Notice. (2) A public entity may not deny a quali- grams conducted by a public entity that fied individual with a disability the oppor- A public entity shall make available to ap- have preservation of historic properties as a tunity to participate in public services, pro- plicants, participants, beneficiaries, and primary purpose. grams, or activities that are not separate or other interested persons information regard- Historic properties means those properties different, despite the existence of permis- ing the provisions of this part and its appli- that are listed or eligible for listing in the sibly separate or different programs or ac- cability to the public services, programs, or National Register of Historic Places or prop- tivities. activities of the public entity, and make erties designated as historic under State or (3) A public entity may not, directly or such information available to them in such local law. through contractual or other arrangements, manner as the head of the entity finds nec- Illegal use of drugs means the use of one or utilize criteria or methods of administra- essary to apprise such persons of the protec- more drugs, the possession or distribution of tion: which is unlawful under the Controlled Sub- tions against discrimination assured them (i) That have the effect of subjecting quali- stances Act (21 U.S.C. 812). The term illegal by the CAA and this part. fied individuals with disabilities to discrimi- use of drugs does not include the use of a § 35.107 Designation of responsible employee nation on the basis of disability; drug taken under supervision by a licensed and adoption of grievance procedures. (ii) That have the purpose or effect of de- health care professional, or other uses au- (a) Designation of responsible employee. A feating or substantially impairing accom- thorized by the Controlled Substances Act or public entity that employs 50 or more per- plishment of the objectives of the public en- other provisions of Federal law. sons shall designate at least one employee to tity’s public program with respect to individ- Individual with a disability means a person coordinate its efforts to comply with and uals with disabilities; or who has a disability. The term individual carry out its responsibilities under this part, (iii) That perpetuate the discrimination of with a disability does not include an indi- including any investigation of any complaint another public entity if both public entities vidual who is currently engaging in the ille- communicated to it alleging its noncompli- are subject to common administrative con- gal use of drugs, when the public entity acts ance with this part or alleging any actions trol. on the basis of such use. that would be prohibited by this part. The (4) A public entity may not, in determining Public entity means any of the following en- public entity shall make available to all in- the site or location of a facility, make selec- tities that provides public services, pro- terested individuals the name, office address, tions— grams, or activities: and telephone number of the employee or (i) That have the effect of excluding indi- (1) each office of the Senate, including employees designated pursuant to this para- viduals with disabilities from, denying them each office of a Senator and each committee; graph. the public benefits of, or otherwise sub- (2) each office of the House of Representa- (b) Complaint procedure. A public entity jecting them to discrimination; or tives, including each office of a Member of that employs 50 or more persons shall adopt (ii) That have the purpose or effect of de- the House of Representatives and each com- and publish grievance procedures providing feating or substantially impairing the ac- mittee; for prompt and equitable resolution of com- complishment of the objectives of the public (3) each joint committee of the Congress; plaints alleging any action that would be service, program, or activity with respect to (4) the Capitol Guide Service; prohibited by this part. individuals with disabilities. (5) A public entity, in the selection of pro- (5) the Capitol Police; §§ 35.108–35.129 [Reserved] (6) the Congressional Budget Office; curement contractors, may not use criteria Subpart B—General Requirements (7) the Office of the Architect of the Cap- that subject qualified individuals with dis- itol (including the Senate Restaurants and § 35.130 General prohibitions against discrimi- abilities to discrimination on the basis of the Botanic Garden); nation. disability. (8) the Office of the Attending Physician; (a) No qualified individual with a disability (6) A public entity may not administer a li- and shall, on the basis of disability, be excluded censing or certification program in a manner (9) the Office of Compliance. from participation in or be denied the bene- that subjects qualified individuals with dis- Qualified individual with a disability means fits of the public services, programs, or ac- abilities to discrimination on the basis of an individual with a disability who, with or tivities of a public entity, or be subjected to disability, nor may a public entity establish without reasonable modifications to rules, discrimination by any public entity. requirements for the public programs or ac- policies, or practices, the removal of archi- (b)(1) A public entity, in providing any tivities of licensees or certified entities that tectural, communication, or transportation public aid, benefit, or service, may not, di- subject qualified individuals with disabilities barriers, or the provision of auxiliary aids rectly or through contractual, licensing, or to discrimination on the basis of disability. and services, meets the essential eligibility other arrangements, on the basis of dis- The public programs or activities of entities requirements for the receipt of services or ability— that are licensed or certified by a public en- the participation in programs or activities (i) Deny a qualified individual with a dis- tity are not, themselves, covered by this provided by a public entity. ability the opportunity to participate in or part. Qualified interpreter means an interpreter benefit from the public aid, benefit, or serv- (7) A public entity shall make reasonable who is able to interpret effectively, accu- ice; modifications in policies, practices, or proce- rately, and impartially both receptively and (ii) Afford a qualified individual with a dis- dures when the modifications are necessary expressively, using any necessary specialized ability an opportunity to participate in or to avoid discrimination on the basis of dis- vocabulary. benefit from the public aid, benefit, or serv- ability, unless the public entity can dem- Section 504 means section 504 of the Reha- ice that is not equal to that afforded others; onstrate that making the modifications (iii) Provide a qualified individual with a bilitation Act of 1973 (Pub. L. 93–112, 87 Stat. would fundamentally alter the nature of the disability with a public aid, benefit, or serv- 394 (29 U.S.C. 794)), as amended. public service, program, or activity. ice that is not as effective in affording equal (8) A public entity shall not impose or § 35.105 Self-evaluation. opportunity to obtain the same result, to apply eligibility criteria that screen out or (a) A public entity shall, within one year of gain the same benefit, or to reach the same tend to screen out an individual with a dis- the effective date of this part, evaluate its level of achievement as that provided to oth- ability or any class of individuals with dis- current services, policies, and practices, and ers; abilities from fully and equally enjoying any

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S36 CONGRESSIONAL RECORD — SENATE January 7, 1997 public service, program, or activity, unless cilities and equipment that are required to in undue financial and administrative bur- such criteria can be shown to be necessary be readily accessible to and usable by per- dens, a public entity has the burden of prov- for the provision of the public service, pro- sons with disabilities by the CAA or this ing that compliance with § 35.150(a) of this gram, or activity being offered. part. part would result in such alteration or bur- (c) Nothing in this part prohibits a public (b) This section does not prohibit isolated dens. The decision that compliance would re- entity from providing public benefits, serv- or temporary interruptions in service or ac- sult in such alteration or burdens must be ices, or advantages to individuals with dis- cess due to maintenance or repairs. made by the head of a public entity or his or abilities, or to a particular class of individ- § 35.134 [Reserved] her designee after considering all resources uals with disabilities beyond those required § 35.135 Personal devices and services. available for use in the funding and oper- by this part. ation of the service, program, or activity, (d) A public entity shall administer public This part does not require a public entity and must be accompanied by a written state- services, programs, and activities in the to provide to individuals with disabilities most integrated setting appropriate to the personal devices, such as wheelchairs; indi- ment of the reasons for reaching that conclu- needs of qualified individuals with disabil- vidually prescribed devices, such as prescrip- sion. If an action would result in such an al- ities. tion eyeglasses or hearing aids; readers for teration or such burdens, a public entity (e)(1) Nothing in this part shall be con- personal use or study; or services of a per- shall take any other action that would not strued to require an individual with a dis- sonal nature including assistance in eating, result in such an alteration or such burdens ability to accept an accommodation, aid, toileting, or dressing. but would nevertheless ensure that individ- uals with disabilities receive the public bene- service, opportunity, or benefit provided §§ 35.136–35.139 [Reserved] under the CAA or this part which such indi- fits or services provided by the public entity. Subpart C—Employment vidual chooses not to accept. (b) Methods—(1) General. A public entity § 35.140 Employment discrimination prohibited. (2) Nothing in the CAA or this part author- may comply with the requirements of this izes the representative or guardian of an in- (a) No qualified individual with a disability section through such means as redesign of dividual with a disability to decline food, shall, on the basis of disability, be subjected equipment, reassignment of services to ac- water, medical treatment, or medical serv- to discrimination in employment under any cessible buildings, assignment of aides to ices for that individual. service, program, or activity conducted by a (f) A public entity may not place a sur- beneficiaries, home visits, delivery of serv- public entity. ices at alternate accessible sites, alteration charge on a particular individual with a dis- (b)(1) For purposes of this part, the re- of existing facilities and construction of new ability or any group of individuals with dis- quirements of title I of the Americans With facilities, use of accessible rolling stock or abilities to cover the costs of measures, such Disabilities Act (‘‘ADA’’), as established by other conveyances, or any other methods as the provision of auxiliary aids or program the regulations of the Equal Employment that result in making its public services, accessibility, that are required to provide Opportunity Commission in 29 CFR part 1630, programs, or activities readily accessible to that individual or group with the non- apply to employment in any service, pro- and usable by individuals with disabilities. A discriminatory treatment required by the gram, or activity conducted by a public enti- public entity is not required to make struc- CAA or this part. ty if that public entity is also subject to the (g) A public entity shall not exclude or tural changes in existing facilities where jurisdiction of title I of the ADA, as applied otherwise deny equal public services, pro- other methods are effective in achieving by section 201 of the CAA. grams, or activities to an individual or enti- (2) For the purposes of this part, the re- compliance with this section. A public enti- ty because of the known disability of an indi- quirements of section 504 of the Rehabilita- ty, in making alterations to existing build- vidual with whom the individual or entity is ings, shall meet the accessibility require- known to have a relationship or association. tion Act of 1973, as established by the regula- tions of the Department of Justice in 28 CFR ments of § 35.151. In choosing among avail- § 35.131 Illegal use of drugs. part 41, as those requirements pertain to em- able methods for meeting the requirements (a) General. (1) Except as provided in para- ployment, apply to employment in any serv- of this section, a public entity shall give pri- graph (b) of this section, this part does not ice, program, or activity conducted by a pub- ority to those methods that offer public serv- prohibit discrimination against an indi- lic entity if that public entity is not also ices, programs, and activities to qualified in- vidual based on that individual’s current il- subject to the jurisdiction of title I of the dividuals with disabilities in the most inte- legal use of drugs. ADA, as applied by section 201 of the CAA. grated setting appropriate. (2) A public entity shall not discriminate (c) Notwithstanding anything contained in (2) Historic preservation programs. In meet- on the basis of illegal use of drugs against an this subpart, with respect to any claim of ing the requirements of § 35.150(a) in historic individual who is not engaging in current il- employment discrimination asserted by any preservation programs, a public entity shall legal use of drugs and who— covered employee, the exclusive remedy (i) Has successfully completed a supervised give priority to methods that provide phys- shall be under section 201 of the CAA. drug rehabilitation program or has otherwise ical access to individuals with disabilities. In been rehabilitated successfully; §§ 35.141–35.148 [Reserved] cases where a physical alteration to an his- (ii) Is participating in a supervised reha- Subpart D—Program Accessibility toric property is not required because of paragraph (a)(2) or (a)(3) of this section, al- bilitation program; or § 35.149 Discrimination prohibited. (iii) Is erroneously regarded as engaging in ternative methods of achieving program ac- such use. Except as otherwise provided in § 35.150, no cessibility include— qualified individual with a disability shall, (b) Health and drug rehabilitation services. (i) Using audio-visual materials and de- (1) A public entity shall not deny public because a public entity’s facilities are inac- vices to depict those portions of an historic health services, or public services provided cessible to or unusable by individuals with property that cannot otherwise be made ac- in connection with drug rehabilitation, to an disabilities, be excluded from participation cessible; individual on the basis of that individual’s in, or be denied the benefits of the public current illegal use of drugs, if the individual services, programs, or activities of a public (ii) Assigning persons to guide individuals is otherwise entitled to such services. entity, or be subjected to discrimination by with disabilities into or through portions of (2) A drug rehabilitation or treatment pro- any public entity. historic properties that cannot otherwise be gram may deny participation to individuals § 35.150 Existing facilities. made accessible; or who engage in illegal use of drugs while they (a) General. A public entity shall operate (iii) Adopting other innovative methods. are in the program. each public service, program, or activity so (c) (1) This part does not pro- (c) Time period for compliance. Where struc- Drug testing. that the public service, program, or activity, hibit a public entity from adopting or admin- tural changes in facilities are undertaken to when viewed in its entirety, is readily acces- istering reasonable policies or procedures, comply with the obligations established sible to and usable by individuals with dis- including but not limited to drug testing, de- under this section, such changes shall be abilities. This paragraph does not— signed to ensure that an individual who for- made by within three years of January 1, (1) Necessarily require a public entity to merly engaged in the illegal use of drugs is 1997, but in any event as expeditiously as make each of its existing facilities accessible not now engaging in current illegal use of possible. to and usable by individuals with disabil- drugs. (d) Transition plan. (1) In the event that (2) Nothing in paragraph (c) of this section ities; structural changes to facilities will be un- shall be construed to encourage, prohibit, re- (2) Require a public entity to take any ac- dertaken to achieve program accessibility, a strict, or authorize the conduct of testing for tion that would threaten or destroy the his- public entity that employs 50 or more per- the illegal use of drugs. toric significance of an historic property; or (3) Require a public entity to take any ac- sons shall develop, within six months of Jan- § 35.132 Smoking. tion that it can demonstrate would result in uary 1, 1997, a transition plan setting forth This part does not preclude the prohibition a fundamental alteration in the nature of a the steps necessary to complete such of, or the imposition of restrictions on, public service, program, or activity or in changes. A public entity shall provide an op- smoking in transportation covered by this undue financial and administrative burdens. portunity to interested persons, including in- part. In those circumstances where personnel of dividuals with disabilities or organizations § 35.133 Maintenance of accessible features. the public entity believe that the proposed representing individuals with disabilities, to (a) A public entity shall maintain in oper- action would fundamentally alter the public participate in the development of the transi- able working condition those features of fa- service, program, or activity or would result tion plan by submitting comments. A copy of

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S37 the transition plan shall be made available applicants, participants, and members of the 36.105–36.199 [Reserved] for public inspection. public with disabilities are as effective as Subpart B—General Requirements (2) If a public entity has responsibility or communications with others. 36.201 General. authority over streets, roads, or walkways, (b)(1) A public entity shall furnish appro- 36.202 Activities. its transition plan shall include a schedule priate auxiliary aids and services where nec- 36.203 Integrated settings. for providing curb ramps or other sloped essary to afford an individual with a dis- 36.204 Administrative methods. areas where pedestrian walks cross curbs, ability an equal opportunity to participate 36.205 Association. giving priority to walkways serving entities in, and enjoy the benefits of, a public service, 36.206 [Reserved] covered by the CAA, including covered of- program, or activity conducted by a public 36.207 Places of public accommodations lo- fices and facilities, transportation, places of entity. cated in private residences. public accommodation, and employers, fol- (2) In determining what type of auxiliary 36.208 Direct threat. lowed by walkways serving other areas. aid and service is necessary, a public entity 36.209 Illegal use of drugs. (3) The plan shall, at a minimum— shall give primary consideration to the re- (i) Identify physical obstacles in the public 36.210 Smoking. quests of the individual with disabilities. entity’s facilities that limit the accessibility 36.211 Maintenance of accessible features. of its public programs or activities to indi- § 35.161 Telecommunication devices for the deaf 36.212 Insurance. viduals with disabilities; (TDD’s). 36.213 Relationship of subpart B to subparts (ii) Describe in detail the methods that Where a public entity communicates by C and D of this part. will be used to make the facilities accessible; telephone with applicants and beneficiaries, 36.214–36.299 [Reserved] (iii) Specify the schedule for taking the TDD’s or equally effective telecommuni- Subpart C—Specific Requirements steps necessary to achieve compliance with cation systems shall be used to communicate 36.301 Eligibility criteria. this section and, if the time period of the with individuals with impaired hearing or 36.302 Modifications in policies, practices, transition plan is longer than one year, iden- speech. tify steps that will be taken during each or procedures. § 35.162 Telephone emergency services. year of the transition period; and 36.303 Auxiliary aids and services. (iv) Indicate the official responsible for im- Telephone emergency services, including 36.304 Removal of barriers. plementation of the plan. 911 services, shall provide direct access to in- 36.305 Alternatives to barrier removal. § 35.151 New construction and alterations. dividuals who use TDD’s and computer 36.306 Personal devices and services. modems. (a) Design and construction. Each facility or 36.307 Accessible or special goods. part of a facility constructed by, on behalf § 35.163 Information and signage. 36.308 Seating in assembly areas. of, or for the use of a public entity shall be (a) A public entity shall ensure that inter- 36.309 Examinations and courses. designed and constructed in such manner ested persons, including persons with im- 36.310 Transportation provided by public ac- that the facility or part of the facility is paired vision or hearing, can obtain informa- commodations. readily accessible to and usable by individ- tion as to the existence and location of ac- 36.311–36.399 [Reserved] uals with disabilities, if the construction was cessible public services, activities, and facili- Subpart D—New Construction and commenced after January 1, 1997. ties. Alterations (b) Alteration. Each facility or part of a fa- (b) A public entity shall provide signage at 36.401 New construction. cility altered by, on behalf of, or for the use all inaccessible entrances to each of its pub- 36.402 Alterations. of a public entity in a manner that affects or lic facilities, directing users to an accessible 36.403 Alterations: Path of travel. could affect the usability of the facility or entrance or to a location at which they can 36.404 Alterations: Elevator exemption. part of the facility shall, to the maximum obtain information about accessible public 36.405 Alterations: Historic preservation. extent feasible, be altered in such manner facilities. The international symbol for ac- 36.406 Standards for new construction and that the altered portion of the facility is cessibility shall be used at each accessible alterations. readily accessible to and usable by individ- entrance of a public facility. 36.407 Temporary suspension of certain de- uals with disabilities, if the alteration was § 35.164 Duties. tectable warning requirements. commenced after January 1, 1997. (c) Accessibility standards. Design, construc- This subpart does not require a public enti- 36.408–36.499 [Reserved] tion, or alteration of facilities in conform- ty to take any action that it can dem- 36.501–36.608 [Reserved] ance with the Uniform Federal Accessibility onstrate would result in a fundamental al- Appendix A to Part 36—Standards for Acces- Standards (UFAS) (Appendix B to Part 36 of teration in the nature of a public service, sible Design these regulations) or with the Americans program, or activity or in undue financial Appendix B to Part 36—Uniform Federal Ac- with Disabilities Act Accessibility Guide- and administrative burdens. In those cir- cessibility Standards lines for Buildings and Facilities (ADAAG) cumstances where personnel of the public en- Subpart A—General (Appendix A to Part 36 of these regulations) tity believe that the proposed action would § 36.101 Purpose. shall be deemed to comply with the require- fundamentally alter the public service, pro- The purpose of this part is to implement ments of this section with respect to those gram, or activity or would result in undue fi- section 210 of the Congressional Account- facilities, except that the elevator exemp- nancial and administrative burdens, a public ability Act of 1995 (2 U.S.C. 1331 et seq.) tion contained at 4.1.3(5) and 4.1.6(1)(j) of entity has the burden of proving that com- which, inter alia, applies the rights and pro- ADAAG shall not apply. Departures from pliance with this subpart would result in tections of sections of title III of the Ameri- particular requirements of either standard such alteration or burdens. The decision that cans with Disabilities Act of 1990 (42 U.S.C. by the use of other methods shall be per- compliance would result in such alteration 12181), which prohibits discrimination on the mitted when it is clearly evident that equiv- or burdens must be made by the head of the basis of disability by public accommodations alent access to the facility or part of the fa- public entity or his or her designee after con- and requires places of public accommodation cility is thereby provided. sidering all resources available for use in the to be designed, constructed, and altered in (d) Alterations: Historic properties. (1) Alter- funding and operation of the public service, compliance with the accessibility standards ations to historic properties shall comply, to program, or activity and must be accom- established by this part. the maximum extent feasible, with section panied by a written statement of the reasons 4.1.7 of UFAS or section 4.1.7 of ADAAG. § 36.102 Application. for reaching that conclusion. If an action re- (a) General. This part applies to any— (2) If it is not feasible to provide physical quired to comply with this subpart would re- access to a historic property in a manner (1) Public accommodation; or sult in such an alteration or such burdens, a that will not threaten or destroy the historic (2) covered entity that offers examinations public entity shall take any other action significance of the building or facility, alter- or courses related to applications, licensing, that would not result in such an alteration native methods of access shall be provided certification, or credentialing for secondary or such burdens but would nevertheless en- pursuant to the requirements of § 35.150. or postsecondary education, professional, or (e) Curb ramps. (1) Newly constructed or al- sure that, to the maximum extent possible, trade purposes. tered streets, roads, and highways must con- individuals with disabilities receive the pub- (b) Public accommodations. (1) The require- tain curb ramps or other sloped areas at any lic benefits or services provided by the public ments of this part applicable to public ac- intersection having curbs or other barriers entity. commodations are set forth in subparts B, C, to entry from a street level pedestrian walk- §§ 35.165–35.169 [Reserved] and D of this part. way. §§35.170–35.999 [Reserved] (2) The requirements of subparts B and C of (2) Newly constructed or altered street PART 36—NONDISCRIMINATION ON THE this part obligate a public accommodation level pedestrian walkways must contain curb BASIS OF DISABILITY BY PUBLIC AC- only with respect to the operations of a place ramps or other sloped areas at intersections COMMODATIONS of public accommodation. to streets, roads, or highways. (3) The requirements of subpart D of this Subpart A—General part obligate a public accommodation only §§ 35.152–35.159 [Reserved] Sec. with respect to a facility used as, or designed Subpart E—Communications 36.101 Purpose. or constructed for use as, a place of public § 35.160 General. 36.102 Application. accommodation. (a) A public entity shall take appropriate 36.103 Relationship to other laws. (c) Examinations and courses. The require- steps to ensure that communications with 36.104 Definitions. ments of this part applicable to covered entities

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S38 CONGRESSIONAL RECORD — SENATE January 7, 1997 that offer examinations or courses as specified ties only as a result of the attitudes of oth- Public entity means any of the following en- in paragraph (a) of this section are set forth in ers toward such impairment; or tities that provides public services, pro- § 36.309. (iii) Has none of the impairments defined grams, or activities: § 36.103 Relationship to other laws. in paragraph (1) of this definition but is (1) each office of the Senate, including (a) Rule of interpretation. Except as other- treated by a covered entity as having such each office of a Senator and each committee; (2) each office of the House of Representa- wise provided in this part, this part shall not an impairment. (5) The term disability does not include— tives, including each office of a Member of be construed to apply a lesser standard than (i) Transvestism, transsexualism, the House of Representatives and each com- the standards applied under title V of the pedophilia, exhibitionism, voyeurism, gender mittee; Rehabilitation Act of 1973 (29 U.S.C. 791) or identity disorders not resulting from phys- (3) each joint committee of the Congress; the regulations issued by Federal agencies ical impairments, or other sexual behavior (4) the Capitol Guide Service; pursuant to that title. disorders; (5) the Capitol Police; (b) Other laws. This part does not invali- (ii) Compulsive gambling, kleptomania, or (6) the Congressional Budget Office; date or limit the remedies, rights, and proce- pyromania; or (7) the Office of the Architect of the Cap- dures of any other Federal laws otherwise (iii) Psychoactive substance use disorders itol (including the Senate Restaurants and applicable to covered entities that provide resulting from current illegal use of drugs. the Botanic Garden); greater or equal protection for the rights of Drug means a controlled substance, as de- (8) the Office of the Attending Physician; individuals with disabilities or individuals fined in schedules I through V of section 202 and associated with them. of the Controlled Substances Act (21 U.S.C. (9) the Office of Compliance. § 36.104 Definitions. 812). Qualified interpreter means an interpreter For purposes of this part, the term— Facility means all or any portion of build- who is able to interpret effectively, accu- Act or CAA means the Congressional Ac- ings, structures, sites, complexes, equip- rately and impartially both receptively and countability Act of 1995 (Pub. L. 104–1, 109 ment, rolling stock or other conveyances, expressively, using any necessary specialized Stat. 3, 2 U.S.C. §§ 1301–1438). roads, walks, passageways, parking lots, or vocabulary. ADA means the Americans with Disabil- other real or personal property, including Readily achievable means easily accom- ities Act of 1990 (Pub. L. 101–336, l04 Stat. 327, the site where the building, property, struc- plishable and able to be carried out without 42 U.S.C. 12101–12213 and 47 U.S.C. 225 and ture, or equipment is located. much difficulty or expense. In determining 611), as applied to covered entities by section Illegal use of drugs means the use of one or whether an action is readily achievable fac- 210 of the CAA. more drugs, the possession or distribution of tors to be considered include— Covered entity means any entity listed in which is unlawful under the Controlled Sub- (1) The nature and cost of the action need- section 210(a) of the CAA insofar as it oper- stances Act (21 U.S.C. 812). The term ‘‘illegal ed under this part; ates a place of public accommodation. use of drugs’’ does not include the use of a (2) The overall financial resources of the Current illegal use of drugs means illegal use drug taken under supervision by a licensed site or sites involved in the action; the num- of drugs that occurred recently enough to health care professional, or other uses au- ber of persons employed at the site; the ef- justify a reasonable belief that a person’s thorized by the Controlled Substances Act or fect on expenses and resources; legitimate drug use is current or that continuing use is other provisions of Federal law. safety requirements that are necessary for a real and ongoing problem. Individual with a disability means a person safe operation, including crime prevention Disability means, with respect to an indi- who has a disability. The term ‘‘individual measures; or the impact otherwise of the ac- vidual, a physical or mental impairment with a disability’’ does not include an indi- tion upon the operation of the site; that substantially limits one or more of the vidual who is currently engaging in the ille- (3) The geographic separateness, and the major life activities of such individual; a gal use of drugs, when the covered entity administrative or fiscal relationship of the record of such an impairment; or being re- acts on the basis of such use. site or sites in question to any parent entity; garded as having such an impairment. Place of public accommodation means a facil- (4) If applicable, the overall financial re- (1) The phrase physical or mental impairment ity, operated by a covered entity, whose op- sources of any parent entity; the overall size means— erations fall within at least one of the fol- of the parent entity with respect to the num- (i) Any physiological disorder or condition, lowing categories— ber of its employees; the number, type, and cosmetic disfigurement, or anatomical loss (1) An inn, hotel, motel, or other place of location of its facilities; and affecting one or more of the following body lodging, except for an establishment located (5) If applicable, the type of operation or systems: neurological; musculoskeletal; spe- within a building that contains not more operations of any parent entity, including cial sense organs; respiratory, including than five rooms for rent or hire and that is the composition, structure, and functions of speech organs; cardiovascular; reproductive; actually occupied by the proprietor of the es- the workforce of the parent entity. Service animal means any guide dog, signal digestive; genitourinary; hemic and lym- tablishment as the residence of the propri- dog, or other animal individually trained to phatic; skin; and endocrine; etor; (ii) Any mental or psychological disorder (2) A restaurant, bar, or other establish- do work or perform tasks for the benefit of such as mental retardation, organic brain ment serving food or drink; an individual with a disability, including, syndrome, emotional or mental illness, and (3) A motion picture house, theater, con- but not limited to, guiding individuals with specific learning disabilities; cert hall, stadium, or other place of exhi- impaired vision, alerting individuals with (iii) The phrase physical or mental impair- bition or entertainment; impaired hearing to intruders or sounds, pro- ment includes, but is not limited to, such (4) An auditorium, convention center, lec- viding minimal protection or rescue work, contagious and noncontagious diseases and ture hall, or other place of public gathering; pulling a wheelchair, or fetching dropped conditions as orthopedic, visual, speech, and (5) A bakery, grocery store, clothing store, items. hearing impairments, cerebral palsy, epi- hardware store, shopping center, or other Specified public transportation means trans- lepsy, muscular dystrophy, multiple scle- sales or rental establishment; portation by bus, rail, or any other convey- rosis, cancer, heart disease, diabetes, mental (6) A laundromat, dry-cleaner, bank, bar- ance (other than by aircraft) that provides retardation, emotional illness, specific learn- ber shop, beauty shop, travel service, shoe the general public with general or special ing disabilities, HIV disease (whether symp- repair service, funeral parlor, gas station, of- service (including charter service) on a reg- tomatic or asymptomatic), tuberculosis, fice of an accountant or lawyer, pharmacy, ular and continuing basis. drug addiction, and alcoholism; insurance office, professional office of a Undue burden means significant difficulty (iv) The phrase physical or mental impair- health care provider, hospital, or other serv- or expense. In determining whether an ac- ment does not include homosexuality or bi- ice establishment; tion would result in an undue burden, factors sexuality. (7) A terminal, depot, or other station used to be considered include— (2) The phrase major life activities means for specified public transportation; (1) The nature and cost of the action need- functions such as caring for one’s self, per- (8) A museum, library, gallery, or other ed under this part; forming manual tasks, walking, seeing, hear- place of public display or collection; (2) The overall financial resources of the ing, speaking, breathing, learning, and work- (9) A park, zoo, amusement park, or other site or sites involved in the action; the num- ing. place of recreation; ber of persons employed at the site; the ef- (3) The phrase has a record of such an im- (10) A nursery, elementary, secondary, un- fect on expenses and resources; legitimate pairment means has a history of, or has been dergraduate, or postgraduate covered school, safety requirements that are necessary for misclassified as having, a mental or physical or other place of education; safe operation, including crime prevention impairment that substantially limits one or (11) A day care center, senior citizen cen- measures; or the impact otherwise of the ac- more major life activities. ter, homeless shelter, food bank, adoption tion upon the operation of the site; (4) The phrase is regarded as having an im- agency, or other social service center estab- (3) The geographic separateness, and the pairment means— lishment; and administrative or fiscal relationship of the (i) Has a physical or mental impairment (12) A gymnasium, health spa, bowling site or sites in question to any parent entity; that does not substantially limit major life alley, golf course, or other place of exercise (4) If applicable, the overall financial re- activities but that is treated by a covered or recreation. sources of any parent entity; the overall size entity as constituting such a limitation; Public accommodation means a covered enti- of the parent entity with respect to the num- (ii) Has a physical or mental impairment ty that operates a place of public accommo- ber of its employees; the number, type, and that substantially limits major life activi- dation. location of its facilities; and

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S39 (5) If applicable, the type of operation or rangements, utilize standards or criteria or who engage in illegal use of drugs while they operations of any parent entity, including methods of administration that have the ef- are in the program. the composition, structure, and functions of fect of discriminating on the basis of dis- (c) Drug testing. (1) This part does not pro- the workforce of the parent entity. ability, or that perpetuate the discrimina- hibit a public accommodation from adopting Subpart B—General Requirements tion of others who are subject to common ad- or administering reasonable policies or pro- ministrative control. cedures, including but not limited to drug § 36.201 General. § 36.205 Association. testing, designed to ensure that an indi- No individual shall be discriminated A public accommodation shall not exclude vidual who formerly engaged in the illegal against on the basis of disability in the full or otherwise deny equal goods, services, fa- use of drugs is not now engaging in current and equal enjoyment of the goods, services, cilities, privileges, advantages, accommoda- illegal use of drugs. facilities, privileges, advantages, or accom- (2) Nothing in this paragraph (c) shall be tions, or other opportunities to an individual modations of any place of public accommo- construed to encourage, prohibit, restrict, or or entity because of the known disability of dation by any covered entity who operates a authorize the conducting of testing for the an individual with whom the individual or place of public accommodation. illegal use of drugs. entity is known to have a relationship or as- § 36.202 Activities. sociation. § 36.210 Smoking. (a) Denial of participation. A public accom- § 36.206 [Reserved] This part does not preclude the prohibition modation shall not subject an individual or § 36.207 Places of public accommodation lo- of, or the imposition of restrictions on, class of individuals on the basis of a dis- cated in private residences. smoking in places of public accommodation. ability or disabilities of such individual or (a) When a place of public accommodation § 36.211 Maintenance of accessible features. class, directly, or through contractual, li- is located in a private residence, the portion (a) A public accommodation shall maintain censing, or other arrangements, to a denial of the residence used exclusively as a resi- in operable working condition those features of the opportunity of the individual or class dence is not covered by this part, but that of facilities and equipment that are required to participate in or benefit from the goods, portion used exclusively in the operation of to be readily accessible to and usable by per- services, facilities, privileges, advantages, or the place of public accommodation or that sons with disabilities by the CAA or this accommodations of a place of public accom- portion used both for the place of public ac- part. modation. commodation and for residential purposes is (b) This section does not prohibit isolated (b) Participation in unequal benefit. A public covered by this part. or temporary interruptions in service or ac- accommodation shall not afford an indi- (b) The portion of the residence covered cess due to maintenance or repairs. vidual or class of individuals, on the basis of under paragraph (a) of this section extends § 36.212 Insurance. a disability or disabilities of such individual to those elements used to enter the place of (a) This part shall not be construed to pro- or class, directly, or through contractual, li- public accommodation, including the home- hibit or restrict— censing, or other arrangements, with the op- owner’s front sidewalk, if any, the door or (1) A covered entity that administers ben- portunity to participate in or benefit from a entryway, and hallways; and those portions efit plans from underwriting risks, good, service, facility, privilege, advantage, of the residence, interior or exterior, avail- classifying risks, or administering such risks or accommodation that is not equal to that able to or used by customers or clients, in- that are based on or not inconsistent with afforded to other individuals. cluding restrooms. applicable law; or (c) Separate benefit. A public accommoda- § 36.208 Direct threat. (2) A person or organization covered by tion shall not provide an individual or class (a) This part does not require a public ac- this part from establishing, sponsoring, ob- of individuals, on the basis of a disability or commodation to permit an individual to par- serving or administering the terms of a bona disabilities of such individual or class, di- ticipate in or benefit from the goods, serv- fide benefit plan that are based on under- rectly, or through contractual, licensing, or ices, facilities, privileges, advantages and ac- writing risks, classifying risks, or admin- other arrangements with a good, service, fa- commodations of that public accommodation istering such risks that are based on or not cility, privilege, advantage, or accommoda- when that individual poses a direct threat to inconsistent with applicable law; or tion that is different or separate from that the health or safety of others. (3) A person or organization covered by provided to other individuals, unless such ac- (b) Direct threat means a significant risk to this part from establishing, sponsoring, ob- tion is necessary to provide the individual or the health or safety of others that cannot be serving or administering the terms of a bona class of individuals with a good, service, fa- eliminated by a modification of policies, fide benefit plan that is not subject to appli- cility, privilege, advantage, or accommoda- practices, or procedures, or by the provision cable laws that regulate insurance. tion, or other opportunity that is as effective of auxiliary aids or services. (b) Paragraphs (a)(1), (2), and (3) of this sec- as that provided to others. (c) In determining whether an individual tion shall not be used as a subterfuge to (d) Individual or class of individuals. For poses a direct threat to the health or safety evade the purposes of the CAA or this part. purposes of paragraphs (a) through (c) of this of others, a public accommodation must (c) A public accommodation shall not section, the term ‘‘individual or class of indi- make an individualized assessment, based on refuse to serve an individual with a dis- viduals’’ refers to the clients or customers of reasonable judgment that relies on current ability because its insurance company condi- the public accommodation that enter into medical knowledge or on the best available tions coverage or rates on the absence of in- the contractual, licensing, or other arrange- objective evidence, to ascertain: the nature, dividuals with disabilities. ment. duration, and severity of the risk; the prob- § 36.213 Relationship of subpart B to subparts § 36.203 Integrated settings. ability that the potential injury will actu- C and D of this part. (a) General. A public accommodation shall ally occur; and whether reasonable modifica- Subpart B of this part sets forth the gen- afford goods, services, facilities, privileges, tions of policies, practices, or procedures eral principles of nondiscrimination applica- advantages, and accommodations to an indi- will mitigate the risk. ble to all entities subject to this part. Sub- vidual with a disability in the most inte- § 36.209 Illegal use of drugs. parts C and D of this part provide guidance grated setting appropriate to the needs of (a) General. (1) Except as provided in para- on the application of the statute to specific the individual. graph (b) of this section, this part does not situations. The specific provisions, including (b) Opportunity to participate. Notwith- prohibit discrimination against an indi- the limitations on those provisions, control standing the existence of separate or dif- vidual based on that individual’s current il- over the general provisions in circumstances ferent programs or activities provided in ac- legal use of drugs. where both specific and general provisions cordance with this subpart, a public accom- (2) A public accommodation shall not dis- apply. modation shall not deny an individual with a criminate on the basis of illegal use of drugs §§36.214–36.299 [Reserved] disability an opportunity to participate in against an individual who is not engaging in Subpart C—Specific Requirements current illegal use of drugs and who such programs or activities that are not sep- § 36.301 Eligibility criteria. arate or different. (i) Has successfully completed a supervised (c) Accommodations and services. (1) Nothing drug rehabilitation program or has otherwise (a) General. A public accommodation shall in this part shall be construed to require an been rehabilitated successfully; not impose or apply eligibility criteria that individual with a disability to accept an ac- (ii) Is participating in a supervised reha- screen out or tend to screen out an indi- commodation, aid, service, opportunity, or bilitation program; or vidual with a disability or any class of indi- benefit available under this part that such (iii) Is erroneously regarded as engaging in viduals with disabilities from fully and individual chooses not to accept. such use. equally enjoying any goods, services, facili- (2) Nothing in the CAA or this part author- (b) Health and drug rehabilitation services. ties, privileges, advantages, or accommoda- izes the representative or guardian of an in- (1) A public accommodation shall not deny tions, unless such criteria can be shown to be dividual with a disability to decline food, health services, or services provided in con- necessary for the provision of the goods, water, medical treatment, or medical serv- nection with drug rehabilitation, to an indi- services, facilities, privileges, advantages, or ices for that individual. vidual on the basis of that individual’s cur- accommodations being offered. rent illegal use of drugs, if the individual is (b) Safety. A public accommodation may § 36.204 Administrative methods. otherwise entitled to such services. impose legitimate safety requirements that A public accommodation shall not, di- (2) A drug rehabilitation or treatment pro- are necessary for safe operation. Safety re- rectly or through contractual or other ar- gram may deny participation to individuals quirements must be based on actual risks

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S40 CONGRESSIONAL RECORD — SENATE January 7, 1997 and not on mere speculation, stereotypes, or (b) Examples. The term ‘‘auxiliary aids and (15) Installing a raised toilet seat; generalizations about individuals with dis- service’’ includes (16) Installing a full-length bathroom mir- abilities. (1) Qualified interpreters, notetakers, com- ror; (c) Charges. A public accommodation may puter-aided transcription services, written (17) Repositioning the paper towel dis- not impose a surcharge on a particular indi- materials, telephone handset amplifiers, as- penser in a bathroom; vidual with a disability or any group of indi- sistive listening devices, assistive listening (18) Creating designated accessible parking viduals with disabilities to cover the costs of systems, telephones compatible with hearing spaces; measures, such as the provision of auxiliary aids, closed caption decoders, open and (19) Installing an accessible paper cup dis- aids, barrier removal, alternatives to barrier closed captioning, telecommunications de- penser at an existing inaccessible water removal, and reasonable modifications in vices for deaf persons (TDD’s), videotext dis- fountain; policies, practices, or procedures, that are plays, or other effective methods of making (20) Removing high pile, low density car- required to provide that individual or group aurally delivered materials available to indi- peting; or with the nondiscriminatory treatment re- viduals with hearing impairments; (21) Installing vehicle hand controls. quired by the CAA or this part. (2) Qualified readers, taped texts, audio re- (c) Priorities. A public accommodation is § 36.302 Modifications in policies, practices, or cordings, Brailled materials, large print ma- urged to take measures to comply with the procedures. terials, or other effective methods of making barrier removal requirements of this section (a) General. A public accommodation shall visually delivered materials available to in- in accordance with the following order of pri- make reasonable modifications in policies, dividuals with visual impairments; orities. practices, or procedures, when the modifica- (3) Acquisition or modification of equip- (1) First, a public accommodation should tions are necessary to afford goods, services, ment or devices; and take measures to provide access to a place of facilities, privileges, advantages, or accom- (4) Other similar services and actions. public accommodation from public side- modations to individuals with disabilities, (c) Effective communication. A public accom- walks, parking, or public transportation. unless the public accommodation can dem- modation shall furnish appropriate auxiliary These measures include, for example, install- onstrate that making the modifications aids and services where necessary to ensure ing an entrance ramp, widening entrances, would fundamentally alter the nature of the effective communication with individuals and providing accessible parking spaces. goods, services, facilities, privileges, advan- with disabilities. (2) Second, a public accommodation should tages, or accommodations. (d) Telecommunication devices for the deaf take measures to provide access to those (b) Specialties—(1) General. A public accom- (TDD’s). (1) A public accommodation that of- areas of a place of public accommodation modation may refer an individual with a dis- fers a customer, client, patient, or partici- where goods and services are made available ability to another public accommodation, if pant the opportunity to make outgoing tele- to the public. These measures include, for ex- that individual is seeking, or requires, treat- phone calls on more than an incidental con- ample, adjusting the layout of display racks, ment or services outside of the referring pub- venience basis shall make available, upon re- rearranging tables, providing Brailled and lic accommodation’s area of specialization, quest, a TDD for the use of an individual who raised character signage, widening doors, and if, in the normal course of its operations, has impaired hearing or a communication providing visual alarms, and installing the referring public accommodation would disorder. ramps. make a similar referral for an individual (2) This part does not require a public ac- (3) Third, a public accommodation should without a disability who seeks or requires commodation to use a TDD for receiving or take measures to provide access to restroom the same treatment or services. making telephone calls incident to its oper- facilities. These measures include, for exam- (2) Illustration—medical specialties. A health ations. ple, removal of obstructing furniture or care provider may refer an individual with a (f) Alternatives. If provision of a particular vending machines, widening of doors, instal- disability to another provider, if that indi- auxiliary aid or service by a public accom- lation of ramps, providing accessible sign- vidual is seeking, or requires, treatment or modation would result in a fundamental al- age, widening of toilet stalls, and installa- services outside of the referring provider’s teration in the nature of the goods, services, tion of grab bars. (4) Fourth, a public accommodation should area of specialization, and if the referring facilities, privileges, advantages, or accom- take any other measures necessary to pro- provider would make a similar referral for modations being offered or in an undue bur- vide access to the goods, services, facilities, an individual without a disability who seeks den, i.e., significant difficulty or expense, privileges, advantages, or accommodations or requires the same treatment or services. the public accommodation shall provide an of a place of public accommodation. A physician who specializes in treating only alternative auxiliary aid or service, if one (d) Relationship to alterations requirements of a particular condition cannot refuse to treat exists, that would not result in such an al- an individual with a disability for that con- subpart D of this part. (1) Except as provided teration or such burden but would neverthe- dition, but is not required to treat the indi- in paragraph (d)(2) of this section, measures less ensure that, to the maximum extent vidual for a different condition. taken to comply with the barrier removal re- possible, individuals with disabilities receive (c) Service animals—(1) General. Generally, a quirements of this section shall comply with the goods, services, facilities, privileges, ad- public accommodation shall modify policies, the applicable requirements for alterations vantages, or accommodations offered by the practices, or procedures to permit the use of in § 36.402 and §§ 36.404-36.406 of this part for public accommodation. a service animal by an individual with a dis- the element being altered. The path of travel ability. §36.304 Removal of barriers. requirements of § 36.403 shall not apply to (2) Care or supervision of service animals. (a) General. A public accommodation shall measures taken solely to comply with the Nothing in this part requires a public accom- remove architectural barriers in existing fa- barrier removal requirements of this section. modation to supervise or care for a service cilities, including communication barriers (2) If, as a result of compliance with the al- animal. that are structural in nature, where such re- terations requirements specified in para- (d) Check-out aisles. A store with check-out moval is readily achievable, i.e., easily ac- graph (d)(1) of this section, the measures re- aisles shall ensure that an adequate number complishable and able to be carried out with- quired to remove a barrier would not be of accessible check-out aisles is kept open out much difficulty or expense. readily achievable, a public accommodation during store hours, or shall otherwise modify (b) Examples. Examples of steps to remove may take other readily achievable measures its policies and practices, in order to ensure barriers include, but are not limited to, the to remove the barrier that do not fully com- that an equivalent level of convenient serv- following actions— ply with the specified requirements. Such ice is provided to individuals with disabil- (1) Installing ramps; measures include, for example, providing a ities as is provided to others. If only one (2) Making curb cuts in sidewalks and en- ramp with a steeper slope or widening a check-out aisle is accessible, and it is gen- trances; doorway to a narrower width than that man- erally used for express service, one way of (3) Repositioning shelves; dated by the alterations requirements. No providing equivalent service is to allow per- (4) Rearranging tables, chairs, vending ma- measure shall be taken, however, that poses sons with mobility impairments to make all chines, display racks, and other furniture; a significant risk to the health or safety of their purchases at that aisle. (5) Repositioning telephones; individuals with disabilities or others. § 36.303 Auxiliary aids and services. (6) Adding raised markings on elevator (e) Portable ramps. Portable ramps should (a) General. A public accommodation shall control buttons; be used to comply with this section only take those steps that may be necessary to (7) Installing flashing alarm lights; when installation of a permanent ramp is ensure that no individual with a disability is (8) Widening doors; not readily achievable. In order to avoid any excluded, denied services, segregated or oth- (9) Installing offset hinges to widen door- significant risk to the health or safety of in- erwise treated differently than other individ- ways; dividuals with disabilities or others in using uals because of the absence of auxiliary aids (10) Eliminating a turnstile or providing an portable ramps, due consideration shall be and services, unless the public accommoda- alternative accessible path; given to safety features such as nonslip sur- tion can demonstrate that taking those steps (11) Installing accessible door hardware; faces, railings, anchoring, and strength of would fundamentally alter the nature of the (12) Installing grab bars in toilet stalls; materials. goods, services, facilities, privileges, advan- (13) Rearranging toilet partitions to in- (f) Selling or serving space. The rearrange- tages, or accommodations being offered or crease maneuvering space; ment of temporary or movable structures, would result in an undue burden, i.e., signifi- (14) Insulating lavatory pipes under sinks such as furniture, equipment, and display cant difficulty or expense. to prevent burns; racks is not readily achievable to the extent

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S41 that it results in a significant loss of selling to the extent that it is readily achievable to the completion of the course, substitution of or serving space. do so, a portable chair or other means to per- specific requirements, or adaptation of the (g) Limitation on barrier removal obligations. mit a family member or other companion to manner in which the course is conducted or (1) The requirements for barrier removal sit with an individual who uses a wheelchair. course materials are distributed. under §36.304 shall not be interpreted to ex- (3) The requirements of paragraph (a) of (3) A covered entity that offers a course ceed the standards for alterations in subpart this section shall not be interpreted to ex- covered by this section shall provide appro- D of this part. ceed the standards for alterations in subpart priate auxiliary aids and services for persons (2) To the extent that relevant standards D of this part. with impaired sensory, manual, or speaking for alterations are not provided in subpart D (b) New construction and alterations. The skills, unless the covered entity can dem- of this part, then the requirements of §36.304 provision and location of wheelchair seating onstrate that offering a particular auxiliary shall not be interpreted to exceed the stand- spaces in newly constructed or altered as- aid or service would fundamentally alter the ards for new construction in subpart D of sembly areas shall be governed by the stand- course or would result in an undue burden. this part. ards for new construction and alterations in Auxiliary aids and services required by this (3) This section does not apply to rolling subpart D of this part. section may include taped texts, interpreters stock and other conveyances to the extent §36.309 Examinations and courses. or other effective methods of making orally that §36.310 applies to rolling stock and other (a) General. Any covered entity that offers delivered materials available to individuals conveyances. examinations or courses related to applica- with hearing impairments, Brailled or large §36.305 Alternatives to barrier removal. tions, licensing, certification, or print texts or qualified readers for individ- (a) General. Where a public accommodation credentialing for secondary or postsecondary uals with visual impairments and learning can demonstrate that barrier removal is not education, professional, or trade purposes disabilities, classroom equipment adapted readily achievable, the public accommoda- shall offer such examinations or courses in a for use by individuals with manual impair- tion shall not fail to make its goods, serv- place and manner accessible to persons with ments, and other similar services and ac- ices, facilities, privileges, advantages, or ac- disabilities or offer alternative accessible ar- tions. (4) Courses must be administered in facili- commodations available through alternative rangements for such individuals. ties that are accessible to individuals with methods, if those methods are readily (b) Examinations. (1) Any covered entity of- disabilities or alternative accessible arrange- achievable. fering an examination covered by this sec- ments must be made. (b) Examples. Examples of alternatives to tion must assure that— (5) Alternative accessible arrangements barrier removal include, but are not limited (i) The examination is selected and admin- may include, for example, provision of the to, the following actions— istered so as to best ensure that, when the course through videotape, cassettes, or pre- (1) Providing curb service or home deliv- examination is administered to an individual pared notes. Alternative arrangements must ery; with a disability that impairs sensory, man- provide comparable conditions to those pro- (2) Retrieving merchandise from inacces- ual, or speaking skills, the examination re- vided for nondisabled individuals. sible shelves or racks; sults accurately reflect the individual’s apti- (3) Relocating activities to accessible loca- tude or achievement level or whatever other §36.310 Transportation provided by public ac- tions. factor the examination purports to measure, commodations. rather than reflecting the individual’s im- §36.306 Personal devices and services. (a) General. (1) A public accommodation paired sensory, manual, or speaking skills that provides transportation services, but This part does not require a public accom- (except where those skills are the factors that is not primarily engaged in the business modation to provide its customers, clients, that the examination purports to measure); of transporting people, is subject to the gen- or participants with personal devices, such (ii) An examination that is designed for in- eral and specific provisions in subparts B, C, as wheelchairs; individually prescribed de- dividuals with impaired sensory, manual, or and D of this part for its transportation op- vices, such as prescription eyeglasses or speaking skills is offered at equally conven- erations, except as provided in this section. hearing aids; or services of a personal nature ient locations, as often, and in as timely a (2) Examples. Transportation services sub- including assistance in eating, toileting, or manner as are other examinations; and ject to this section include, but are not lim- dressing. (iii) The examination is administered in fa- ited to, shuttle services operated between §36.307 Accessible or special goods. cilities that are accessible to individuals transportation terminals and places of public (a) This part does not require a public ac- with disabilities or alternative accessible ar- accommodation and customer shuttle bus commodation to alter its inventory to in- rangements are made. services operated by covered entities clude accessible or special goods that are de- (2) Required modifications to an examina- (b) Barrier removal. A public accommoda- signed for, or facilitate use by, individuals tion may include changes in the length of tion subject to this section shall remove with disabilities. time permitted for completion of the exam- transportation barriers in existing vehicles (b) A public accommodation shall order ac- ination and adaptation of the manner in and rail passenger cars used for transporting cessible or special goods at the request of an which the examination is given. individuals (not including barriers that can (3) A covered entity offering an examina- individual with disabilities, if, in the normal only be removed through the retrofitting of tion covered by this section shall provide ap- course of its operation, it makes special or- vehicles or rail passenger cars by the instal- propriate auxiliary aids for persons with im- ders on request for unstocked goods, and if lation of a hydraulic or other lift) where paired sensory, manual, or speaking skills, the accessible or special goods can be ob- such removal is readily achievable. unless that covered entity can demonstrate tained from a supplier with whom the public (c) Requirements for vehicles and systems. A that offering a particular auxiliary aid would accommodation customarily does business. public accommodation subject to this sec- fundamentally alter the measurement of the (c) Examples of accessible or special goods tion shall comply with the requirements per- skills or knowledge the examination is in- include items such as Brailled versions of taining to vehicles and transportation sys- tended to test or would result in an undue books, books on audio cassettes, closed-cap- tems in the regulations issued by the Board burden. Auxiliary aids and services required tioned video tapes, special sizes or lines of of Directors of the Office of Compliance. by this section may include taped examina- clothing, and special foods to meet par- §§ 36.311—36.400 [Reserved] tions, interpreters or other effective methods ticular dietary needs. of making orally delivered materials avail- Subpart D—New Construction and §36.308 Seating in assembly areas. able to individuals with hearing impair- Alterations (a) Existing facilities. (1) To the extent that ments, Brailled or large print examinations § 36.401 New construction. it is readily achievable, a public accommoda- and answer sheets or qualified readers for in- (a) General. (1) Except as provided in para- tion in assembly areas shall— dividuals with visual impairments or learn- graphs (b) and (c) of this section, discrimina- (i) Provide a reasonable number of wheel- ing disabilities, transcribers for individuals tion for purposes of this part includes a fail- chair seating spaces and seats with remov- with manual impairments, and other similar ure to design and construct facilities for first able aisle-side arm rests; and services and actions. occupancy after July 23, 1997, that are read- (ii) Locate the wheelchair seating spaces (4) Alternative accessible arrangements ily accessible to and usable by individuals so that they— may include, for example, provision of an ex- with disabilities. (A) Are dispersed throughout the seating amination at an individual’s home with a (2) For purposes of this section, a facility area; proctor if accessible facilities or equipment is designed and constructed for first occu- (B) Provide lines of sight and choice of ad- are unavailable. Alternative arrangements pancy after July 23, 1997, only— mission prices comparable to those for mem- must provide comparable conditions to those (i) If the last application for a building per- bers of the general public; provided for nondisabled individuals. mit or permit extension for the facility is (C) Adjoin an accessible route that also (c) Courses. (1) Any covered entity that of- certified to be complete, by an appropriate serves as a means of egress in case of emer- fers a course covered by this section must governmental authority after January 1, 1997 gency; and make such modifications to that course as (or, in those jurisdictions where the govern- (D) Permit individuals who use wheelchairs are necessary to ensure that the place and ment does not certify completion of applica- to sit with family members or other compan- manner in which the course is given are ac- tions, if the last application for a building ions. cessible to individuals with disabilities. permit or permit extension for the facility is (2) If removal of seats is not readily achiev- (2) Required modifications may include received by the appropriate governmental able, a public accommodation shall provide, changes in the length of time permitted for authority after January 1, 1997 ); and

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S42 CONGRESSIONAL RECORD — SENATE January 7, 1997 (ii) If the first certificate of occupancy for and that do not house a professional office of usability of or access to an area containing the facility is issued after July 23, 1997. a health care provider, must meet the re- a primary function include, but are not lim- (b) Place of public accommodation located in quirements of this section but for the eleva- ited to— private residences. tor. (i) Remodeling merchandise display areas (1) When a place of public accommodation §36.402 Alterations. or employee work areas in a department is located in a private residence, the portion (a) General. (1) Any alteration to a place of store; of the residence used exclusively as a resi- public accommodation, after January 1, 1997, (ii) Replacing an inaccessible floor surface dence is not covered by this subpart, but shall be made so as to ensure that, to the in the customer service or employee work that portion used exclusively in the oper- maximum extent feasible, the altered por- areas of a bank; ation of the place of public accommodation (iii) Redesigning the assembly line area of tions of the facility are readily accessible to or that portion used both for the place of a factory; or and usable by individuals with disabilities, public accommodation and for residential (iv) Installing a computer center in an ac- including individuals who use wheelchairs. purposes is covered by the new construction (2) An alteration is deemed to be under- counting firm. (2) For the purposes of this section, alter- and alterations requirements of this subpart. taken after January 1, 1997, if the physical (2) The portion of the residence covered ations to windows, hardware, controls, elec- alteration of the property begins after that under paragraph (b)(1) of this section extends trical outlets, and signage shall not be date. to those elements used to enter the place of (b) Alteration. For the purposes of this part, deemed to be alterations that affect the public accommodation, including the home- an alteration is a change to a place of public usability of or access to an area containing owner’s front sidewalk, if any, the door or accommodation that affects or could affect a primary function. entryway, and hallways; and those portions the usability of the building or facility or (d) Path of travel. (1) A ‘‘path of travel’’ in- of the residence, interior or exterior, avail- any part thereof. cludes a continuous, unobstructed way of pe- able to or used by employees or visitors of (1) Alterations include, but are not limited destrian passage by means of which the al- the place of public accommodation, includ- to, remodeling, renovation, rehabilitation, tered area may be approached, entered, and ing restrooms. reconstruction, historic restoration, changes exited, and which connects the altered area (c) Exception for structural impracticability. or rearrangement in structural parts or ele- with an exterior approach (including side- (1) Full compliance with the requirements of ments, and changes or rearrangement in the walks, streets, and parking areas), an en- this section is not required where an entity plan configuration of walls and full-height trance to the facility, and other parts of the can demonstrate that it is structurally im- partitions. Normal maintenance, reroofing, facility. practicable to meet the requirements. Full painting or wallpapering, asbestos removal, (2) An accessible path of travel may consist compliance will be considered structurally or changes to mechanical and electrical sys- of walks and sidewalks, curb ramps and impracticable only in those rare cir- tems are not alterations unless they affect other interior or exterior pedestrian ramps; cumstances when the unique characteristics the usability of the building or facility. clear floor paths through lobbies, corridors, of terrain prevent the incorporation of acces- (2) If existing elements, spaces, or common rooms, and other improved areas; parking sibility features. areas are altered, then each such altered ele- access aisles; elevators and lifts; or a com- (2) If full compliance with this section ment, space, or area shall comply with the bination of these elements. would be structurally impracticable, compli- applicable provisions of appendix A to this (3) For the purposes of this part, the term ance with this section is required to the ex- part. ‘‘path of travel’’ also includes the restrooms, tent that it is not structurally impracti- (c) To the maximum extent feasible. The telephones, and drinking fountains serving cable. In that case, any portion of the facil- phrase ‘‘to the maximum extent feasible,’’ as the altered area. ity that can be made accessible shall be used in this section, applies to the occasional (e) Disproportionality. (1) Alterations made made accessible to the extent that it is not case where the nature of an existing facility to provide an accessible path of travel to the structurally impracticable. makes it virtually impossible to comply altered area will be deemed disproportionate (3) If providing accessibility in conform- fully with applicable accessibility standards to the overall alteration when the cost ex- ance with this section to individuals with through a planned alteration. In these cir- ceeds 20% of the cost of the alteration to the certain disabilities (e.g., those who use cumstances, the alteration shall provide the primary function area. wheelchairs) would be structurally impracti- maximum physical accessibility feasible. (2) Costs that may be counted as expendi- cable, accessibility shall nonetheless be en- Any altered features of the facility that can tures required to provide an accessible path sured to persons with other types of disabil- be made accessible shall be made accessible. of travel may include: ities (e.g., those who use crutches or who If providing accessibility in conformance (i) Costs associated with providing an ac- have sight, hearing, or mental impairments) with this section to individuals with certain cessible entrance and an accessible route to in accordance with this section. disabilities (e.g., those who use wheelchairs) the altered area, for example, the cost of (d) Elevator exemption. (1) For purposes of would not be feasible, the facility shall be widening doorways or installing ramps; this paragraph (d)— (ii) Costs associated with making rest- made accessible to persons with other types Professional office of a health care provider rooms accessible, such as installing grab of disabilities (e.g., those who use crutches, means a location where a person or entity bars, enlarging toilet stalls, insulating pipes, those who have impaired vision or hearing, regulated by a State to provide professional or installing accessible faucet controls; or those who have other impairments). services related to the physical or mental (iii) Costs associated with providing acces- health of an individual makes such services §36.403 Alterations: Path of travel. sible telephones, such as relocating the tele- available to the public. The facility housing (a) General. An alteration that affects or phone to an accessible height, installing am- the ‘‘professional office of a health care pro- could affect the usability of or access to an plification devices, or installing a tele- vider’’ only includes floor levels housing at area of a facility that contains a primary communications device for deaf persons least one health care provider, or any floor function shall be made so as to ensure that, (TDD); level designed or intended for use by at least to the maximum extent feasible, the path of (iv) Costs associated with relocating an in- one health care provider. travel to the altered area and the restrooms, accessible drinking fountain. (2) This section does not require the instal- telephones, and drinking fountains serving (f) Duty to provide accessible features in the lation of an elevator in a facility that is less the altered area, are readily accessible to event of disproportionality. (1) When the cost than three stories or has less than 3000 and usable by individuals with disabilities, of alterations necessary to make the path of square feet per story, except with respect to including individuals who use wheelchairs, travel to the altered area fully accessible is any facility that houses one or more of the unless the cost and scope of such alterations disproportionate to the cost of the overall al- following: is disproportionate to the cost of the overall teration, the path of travel shall be made ac- (i) A professional office of a health care alteration. cessible to the extent that it can be made ac- provider. (b) Primary function. A ‘‘primary function’’ cessible without incurring disproportionate (ii) A terminal, depot, or other station is a major activity for which the facility is costs. used for specified public transportation. In intended. Areas that contain a primary func- (2) In choosing which accessible elements such a facility, any area housing passenger tion include, but are not limited to, the cus- to provide, priority should be given to those services, including boarding and debarking, tomer services lobby of a bank, the dining elements that will provide the greatest ac- loading and unloading, baggage claim, dining area of a cafeteria, the meeting rooms in a cess, in the following order: facilities, and other common areas open to conference center, as well as offices and (i) An accessible entrance; the public, must be on an accessible route other work areas in which the activities of (ii) An accessible route to the altered area; from an accessible entrance. the public accommodation or other covered (iii) At least one accessible restroom for (3) The elevator exemption set forth in this entity using the facility are carried out. Me- each sex or a single unisex restroom; paragraph (d) does not obviate or limit in chanical rooms, boiler rooms, supply storage (iv) Accessible telephones; any way the obligation to comply with the rooms, employee lounges or locker rooms, (v) Accessible drinking fountains; and other accessibility requirements established janitorial closets, entrances, corridors, and (vi) When possible, additional accessible in paragraph (a) of this section. For example, restrooms are not areas containing a pri- elements such as parking, storage, and in a facility that houses a professional office mary function. alarms. of a health care provider, the floors that are (c) Alterations to an area containing a pri- (g) Series of smaller alterations. (1) The obli- above or below an accessible ground floor mary function. (1) Alterations that affect the gation to provide an accessible path of travel

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may not be evaded by performing a series of Subparts A–D ADAAG 37.25 [Reserved] small alterations to the area served by a sin- 37.27 Transportation for elementary and gle path of travel if those alterations could Application, Gen- 36.102(b)(3): public accommoda- 1,2,3,4.1.1. secondary education systems. eral. tions. have been performed as a single undertaking. 36.102(c): commercial facilities 37.29 [Reserved] (2) (i) If an area containing a primary func- 36.102(e): public entities 37.31 Vanpools. tion has been altered without providing an 36.103 (other laws) 37.33–37.35 [Reserved] 36.401 (‘‘for first occupancy’’) accessible path of travel to that area, and 36.402(a)(alterations) 37.37 Other applications. subsequent alterations of that area, or a dif- Definitions ...... 36.104: facility, place of public ac- 3.5 Definitions, 37.39 [Reserved] ferent area on the same path of travel, are commodation, public accommo- including; ad- Subpart C—Transportation Facilities dation, public entity. dition, alter- undertaken within three years of the origi- ation, build- 37.41 Construction of transportation facili- nal alteration, the total cost of alterations ing, element, ties by public entities. to the primary function areas on that path of facility, space, story. 37.43 Alteration of transportation facilities travel during the preceding three year period 36.401(d)(1)(i), 36.404(a)(1): pro- 4.1.6(i), technical by public entities. shall be considered in determining whether fessional office of a health care infeasibility. 37.45 Construction and alteration of trans- the cost of making that path of travel acces- provider 36.402: alteration; usability portation facilities by covered entities. sible is disproportionate. 36.402(c): to the maximum extent 37.47 Key stations in light and rapid rail (ii) Only alterations undertaken after Jan- feasible systems. uary 1, 1997, shall be considered in deter- 36.401(a) General . . 4.1.2. New Construction: 36.207 Places of public accommo- 4.1.3. 37.49–37.59 [Reserved] mining if the cost of providing an accessible General. dation in private residences. 37.61 Public transportation programs and path of travel is disproportionate to the Work Areas ...... 4.1.1(3). activities in existing facilities. overall cost of the alterations. Structural Im- 36.401(c) ...... 4.1.1(5)(a). practicability. 37.63–37.69 [Reserved] § 36.404 Alterations: Elevator exemption. Elevator Exemp- 36.401(d) ...... 4.1.3(5). Subpart D—Acquisition of Accessible (a) This section does not require the instal- tion. 36.404 ...... Vehicles by Public Entities. Other Exceptions ...... 4.1.1(5), 4.1.3(5) lation of an elevator in an altered facility and through- 37.71 Purchase or lease of new non-rail vehi- that is less than three stories or has less out. cles by public entities operating fixed than 3,000 square feet per story, except with Alterations: Gen- 36.402 ...... 4.1.6(1). eral. route systems. respect to any facility that houses the pro- Alterations Affect- 36.403 ...... 4.1.6(2). 37.73 Purchase or lease of used non-rail ve- fessional office of a health care provider, a ing an Area hicles by public entities operating fixed terminal, depot, or other station used for Containing A Primary Func- route systems. specified public transportation. tion; Path of 37.75 Remanufacture of non-rail vehicles For the purposes of this section, ‘‘profes- Travel; and purchase or lease of remanufactured sional office of a health care provider’’ Disproportiona- lity. non-rail vehicles by public entities oper- means a location where a person or entity Alterations: Spe- ...... 4.1.6(3). ating fixed route systems. employed by a covered entity and/or regu- cial Technical 37.77 Purchase or lease of new non-rail vehi- lated by a State to provide professional serv- Provisions. Additions ...... 36.401–36.405 ...... 4.1.5. cles by public entities operating demand ices related to the physical or mental health Historic Preserva- 36.405 ...... 4.1.7. responsive systems for the general pub- of an individual makes such services avail- tion. lic. able to the public. The facility that houses a Technical Provi- ...... 4.2 through 4.35. sions. 37.79 Purchase or lease of new rail vehicles ‘‘professional office of a health care pro- Facilities ...... 6. by public entities operating rapid or vider’’ only includes floor levels housing by Business and ...... 7. light rail systems. at least one health care provider, or any Mercantile. Libraries ...... 8. 37.81 Purchase or lease of used rail vehicles floor level designed or intended for use by at Transient Lodging ...... 9. by public entities operating rapid or least one health care provider. (Hotels, Home- light rail systems. (b) The exemption provided in paragraph less Shelters Etc.). 37.83 Remanufacture of rail vehicles and (a) of this section does not obviate or limit Transportation ...... 10. purchase or lease of remanufactured rail in any way the obligation to comply with Facilities. vehicles by public entities operating the other accessibility requirements estab- rapid or light rail systems. lished in this subpart. For example, alter- § 36.407 Temporary suspension of certain de- 37.85–37.91 [Reserved] ations to floors above or below the accessible tectable warning requirements. 37.93 One car per train rule. ground floor must be accessible regardless of The detectable warning requirements con- 37.95 [Reserved] whether the altered facility has an elevator. tained in sections 4.7.7, 4.29.5, and 4.29.6 of 37.97–37.99 [Reserved] § 36.405 Alterations: Historic preservation. appendix A to this part are suspended tempo- Subpart E—Acquisition of Accessible (a) Alterations to buildings or facilities rarily until July 26, 1998. Vehicles by Covered Entities. that are eligible for listing in the National §§ 36.408—36.499 [Reserved] 37.101 Purchase or lease of vehicles by cov- §§ 36.501—36.608 [Reserved] Register of Historic Places under the Na- ered entities not primarily engaged in tional Historic Preservation Act (16 U.S.C. APPENDIX A TO PART 36—STANDARDS FOR the business of transporting people. 470 et seq.), or are designated as historic ACCESSIBLE DESIGN 37.103 [Reserved] under State or local law, shall comply to the [Copies of this appendix may be obtained 37.105 Equivalent service standard. maximum extent feasible with section 4.1.7 from the Office of Compliance, Room LA 200, 37.107–37.109 [Reserved] of appendix A to this part. John Adams Building, 110 Second Street, 37.111–37.119 [Reserved] (b) If it is determined under the procedures S.E., Washington, D.C. 20540–1999.] Subpart F—Paratransit as a complement to set out in section 4.1.7 of appendix A that it APPENDIX B TO PART 36—UNIFORM FEDERAL fixed route service is not feasible to provide physical access to ACCESSIBILITY STANDARDS an historic property that is a place of public 37.121 Requirement for comparable com- accommodation in a manner that will not [Copies of this appendix may be obtained plementary paratransit service threaten or destroy the historic significance from the Office of Compliance, Room LA 200, 37.123 ADA paratransit eligibility: Stand- of the building or facility, alternative meth- John Adams Building, 110 Second Street, ards ods of access shall be provided pursuant to S.E., Washington, D.C. 20540–1999.] 37.125 ADA paratransit eligibility: Process. the requirements of subpart C of this part. PART 37—TRANSPORTATION SERVICES 37.127 Complementary paratransit for visi- tors. § 36.406 Standards for new construction and al- FOR INDIVIDUALS WITH DISABILITIES 37.129 Types of service. terations. (CAA) Subpart A—General 37.131 Service criteria for complementary (a) New construction and alterations sub- paratransit. Sec. ject to this part shall comply with the stand- 37.133 Subscription service. 37.1 Purpose. ards for accessible design published as appen- 37.135 Submission of paratransit plan. 37.3 Definitions dix A to this part (ADAAG). 37.137 Paratransit plan development. 37.5 Nondiscrimination. (b) The chart in the appendix to this sec- 37.139 Plan contents. 37.7 Standards for accessible vehicles. tion provides guidance to the user in reading 37.141 Requirements for a joint paratransit 37.9 Standards for accessible transportation appendix A to this part (ADAAG) together plan. facilities. with subparts A through D of this part, when 37.143 Paratransit plan implementation. 37.11 [Reserved] determining requirements for a particular 37.145 [Reserved] 37.13 Effective date for certain vehicle lift facility. 37.147 Considerations during General Coun- specifications. Appendix to § 36.406 sel review. 37.15–37.19 [Reserved] This chart has no effect for purposes of 37.149 Disapproved plans. compliance or enforcement. It does not nec- Subpart B—Applicability 37.151 Waiver for undue financial burden. essarily provide complete or mandatory in- 37.21 Applicability: General. 37.153 General Counsel waiver determina- formation. 37.23 Service under contract. tion.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S44 CONGRESSIONAL RECORD — SENATE January 7, 1997 37.155 Factors in decision to grant undue fi- minibuses, forty- and thirty-foot buses, ar- activities, but which is treated by a public or nancial burden waiver. ticulated buses, double-deck buses, and elec- covered entity as constituting such a limita- 37.157–37.159 [Reserved] trically powered trolley buses, used by public tion; Subpart G—Provision of Service. entities to provide designated public trans- (ii) Has a physical or mental impairment portation service and by covered entities to that substantially limits a major life activ- 37.161 Maintenance of accessible features: provide transportation service including, but ity only as a result of the attitudes of others General. not limited to, specified public transpor- toward such an impairment; or 37.163 Keeping vehicle lifts in operative con- tation services. Self-propelled, rubber-tired (iii) Has none of the impairments defined dition public entities. vehicles designed to look like antique or vin- in paragraph (1) of this definition but is 37.165 Lift and securement use. tage trolleys are considered buses. treated by a public or covered entity as hav- 37.167 Other service requirements. Commuter bus service means fixed route bus ing such an impairment. 37.169 Interim requirements for over-the- service, characterized by service predomi- (5) The term disability does not include road bus service operated by covered en- nantly in one direction during peak periods, (i) Transvestism, transsexualism, tities. limited stops, use of multi-ride tickets, and pedophilia, exhibitionism, voyeurism, gender 37.171 Equivalency requirement for demand routes of extended length, usually between identity disorders not resulting from phys- responsive service by covered entities the central business district and outlying ical impairments, or other sexual behavior not primarily engaged in the business of suburbs. Commuter bus service may also in- disorders; transporting people. clude other service, characterized by a lim- (ii) Compulsive gambling, kleptomania, or 37.173 Training requirements. ited route structure, limited stops, and a co- pyromania; Appendix A to Part 37—Standards for Acces- ordinated relationship to another mode of (iii) Psychoactive substance abuse dis- sible Transportation Facilities transportation. orders resulting from the current illegal use Appendix B to Part 37—Certifications Covered entity means any entity listed in of drugs. Subpart A—General section 210(a) of the CAA that operates a Facility means all or any portion of build- § 37.1 Purpose. place of public accommodation within the ings, structures, sites, complexes, equip- meaning of section 210 of the CAA. ment, roads, walks, passageways, parking The purpose of this part is to implement Demand responsive system means any sys- lots, or other real or personal property, in- the transportation and related provisions of tem of transporting individuals, including cluding the site where the building, prop- titles II and III of the Americans with Dis- the provision of designated public transpor- erty, structure, or equipment is located. abilities Act of 1990, as applied by section 210 tation service by public entities and the pro- Fixed route system means a system of trans- of the Congressional Accountability Act of vision of transportation service by covered porting individuals (other than by aircraft), 1995 (2 U.S.C. 1331 et seq.). entities, including but not limited to speci- including the provision of designated public § 37.3 Definitions fied public transportation service, which is transportation service by public entities and As used in this part: not a fixed route system. the provision of transportation service by Accessible means, with respect to vehicles Designated public transportation means covered entities, including, but not limited and facilities, complying with the accessi- transportation provided by a public entity to, specified public transportation service, bility requirements of parts 37 and 38 of (other than public school transportation) by on which a vehicle is operated along a pre- these regulations. bus, rail, or other conveyance (other than scribed route according to a fixed schedule. Act or CAA means the Congressional Ac- transportation by aircraft or intercity or General Counsel means the General Counsel countability Act of 1995 (Pub.L. 104-1, 109 commuter rail transportation) that provides of the Office of Compliance. Stat. 3, 2 U.S.C. §§ 1301–1438). the general public with general or special Individual with a disability means a person ADA means the Americans with Disabil- service, including charter service, on a reg- who has a disability, but does not include an ities Act of 1990 (42 U.S.C. §§ 12131–12150, 12182, ular and continuing basis. individual who is currently engaging in the 12183, and 12189) as applied to covered enti- Disability means, with respect to an indi- illegal use of drugs, when a public or covered ties by section 210 of the CAA. vidual, a physical or mental impairment entity acts on the basis of such use. Alteration means a change to an existing that substantially limits one or more of the Light rail means a streetcar-type vehicle facility, including, but not limited to, re- major life activities of such individual; a operated on city streets, semi-exclusive modeling, renovation, rehabilitation, recon- record of such an impairment; or being re- rights of way, or exclusive rights of way. struction, historic restoration, changes or garded as having such an impairment. Service may be provided by step-entry vehi- rearrangement in structural parts or ele- (1) The phrase physical or mental impairment cles or by level boarding. ments, and changes or rearrangement in the means— New vehicle means a vehicle which is of- (i) Any physiological disorder or condition, plan configuration of walls and full-height fered for sale or lease after manufacture cosmetic disfigurement, or anatomical loss partitions. Normal maintenance, reroofing, without any prior use. affecting one or more of the following body painting or wallpapering, asbestos removal, Office means the Office of Compliance. systems: neurological, musculoskeletal, spe- or changes to mechanical or electrical sys- Operates includes, with respect to a fixed cial sense organs, respiratory including tems are not alterations unless they affect route or demand responsive system, the pro- speech organs, cardiovascular, reproductive, the usability of the building or facility. vision of transportation service by a public digestive, genito-urinary, hemic and lym- Automated guideway transit system or AGT or covered entity itself or by a person under phatic, skin, and endocrine; means a fixed-guideway transit system a contractual or other arrangement or rela- (ii) Any mental or psychological disorder, tionship with the entity. which operates with automated (driverless) such as mental retardation, organic brain individual vehicles or multi-car trains. Serv- Over-the-road bus means a bus character- syndrome, emotional or mental illness, and ized by an elevated passenger deck located ice may be on a fixed schedule or in response specific learning disabilities; to a passenger-activated call button. over a baggage compartment. (iii) The term physical or mental impairment Paratransit means comparable transpor- Auxiliary aids and services includes: includes, but is not limited to, such con- (1) Qualified interpreters, notetakers, tran- tation service required by the CAA for indi- tagious or noncontagious diseases and condi- viduals with disabilities who are unable to scription services, written materials, tele- tions as orthopedic, visual, speech, and hear- phone headset amplifiers, assistive listening use fixed route transportation systems. ing impairments; cerebral palsy, epilepsy, means any entity other than devices, assistive listening systems, tele- Private entity muscular dystrophy, multiple sclerosis, can- a public or covered entity. phones compatible with hearing aids, closed cer, heart disease, diabetes, mental retarda- Public entity means any of the following en- caption decoders, closed and open cap- tion, emotional illness, specific learning dis- tities that provides public services, pro- tioning, text telephones (also known as abilities, HIV disease, tuberculosis, drug ad- grams, or activities: TTYs), videotext displays, or other effective diction and alcoholism; (1) each office of the Senate, including methods of making aurally delivered mate- (iv) The phrase physical or mental impair- each office of a Senator and each committee; rials available to individuals with hearing ment does not include homosexuality or bi- (2) each office of the House of Representa- impairments; sexuality. tives, including each office of a Member of (2) Qualified readers, taped texts, audio re- (2) The phrase major life activities means the House of Representatives and each com- cordings, Brailled materials, large print ma- functions such as caring for one’s self, per- mittee; terials, or other effective methods of making forming manual tasks, walking, seeing, hear- (3) each joint committee of the Congress; visually delivered materials available to in- ing, speaking, breathing, learning, and work- (4) the Capitol Guide Service; dividuals with visual impairments; ing; or (5) the Capitol Police; (3) Acquisition or modification of equip- (3) The phrase has a record of such an im- (6) the Congressional Budget Office; ment or devices; or pairment means has a history of, or has been (7) the Office of the Architect of the Cap- (4) Other similar services or actions. misclassified as having, a mental or physical itol (including the Senate Restaurants and Board means the Board of Directors of the impairment that substantially limits one or the Botanic Garden); Office of Compliance. more major life activities; or (8) the Office of the Attending Physician; Bus means any of several types of self-pro- (4) The phrase is regarded as having such an and pelled vehicles, generally rubber-tired, in- impairment means (9) the Office of Compliance. tended for use on city streets, highways, and (i) Has a physical or mental impairment Purchase or lease, with respect to vehicles, busways, including but not limited to that does not substantially limit major life means the time at which a public or covered

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In making the request children, personnel, and equipment to and eral public, if the individual is capable of available for public review, the entity shall from a public elementary or secondary using that service. ensure that it is available, upon request, in school and school-related activities. (c) An entity shall not require an indi- accessible formats. Rapid rail means a subway-type transit ve- vidual with a disability to use designated (iii) The entity shall sponsor at least one hicle railway operated on exclusive private priority seats, if the individual does not public hearing on the request and shall pro- rights of way with high level platform sta- choose to use these seats. vide adequate notice of the hearing, includ- tions. Rapid rail also may operate on ele- (d) An entity shall not impose special ing advertisement in appropriate media, vated or at grade level track separated from charges, not authorized by this part, on indi- such as newspapers of general and special in- other traffic. viduals with disabilities, including individ- terest circulation and radio announcements. Remanufactured vehicle means a vehicle uals who use wheelchairs, for providing serv- (4) In the case of a request by a covered en- which has been structurally restored and has ices required by this part or otherwise nec- tity that provides transportation services had new or rebuilt major components in- essary to accommodate them. subject to the provisions of subpart E of this stalled to extend its service life. (e) An entity shall not require that an indi- part, the covered entity shall consult, in per- Service animal means any guide dog, signal vidual with disabilities be accompanied by son, in writing, or by other appropriate dog, or other animal individually trained to an attendant. means, with representatives of national and work or perform tasks for an individual with (f) An entity shall not refuse to serve an local organizations representing people with a disability, including, but not limited to, individual with a disability or require any- those disabilities who would be affected by guiding individuals with impaired vision, thing contrary to this part because its insur- the request. alerting individuals with impaired hearing ance company conditions coverage or rates (5) A determination of compliance will be to intruders or sounds, providing minimal on the absence of individuals with disabil- made by the General Counsel of the con- protection or rescue work, pulling a wheel- ities or requirements contrary to this part. cerned operating administration on a case- chair, or fetching dropped items. (g) It is not discrimination under this part by-case basis. (6) Determinations of equivalent facilita- Solicitation means the closing date for the for an entity to refuse to provide service to tion are made only with respect to vehicles submission of bids or offers in a procure- an individual with disabilities because that or vehicle components used in the provision ment. individual engages in violent, seriously dis- of transportation services covered by subpart Station means where a public entity pro- ruptive, or illegal conduct. However, an enti- D or subpart E of this part, and pertain only viding rail transportation owns the property, ty shall not refuse to provide service to an to the specific situation concerning which concession areas, to the extent that such individual with disabilities solely because the determination is made. Entities shall not public entity exercises control over the se- the individual’s disability results in appear- cite these determinations as indicating that lection, design, construction, or alteration of ance or involuntary behavior that may of- a product or method constitute equivalent the property, but this term does not include fend, annoy, or inconvenience employees of facilitation in situations other than those to flag stops (i.e., stations which are not regu- the entity or other persons. which the determination is made. Entities larly scheduled stops but at which trains will § 37.7 Standards for accessible vehicles. stop board or detrain passengers only on sig- shall not claim that a determination of (a) For purposes of this part, a vehicle nal or advance notice). equivalent facilitation indicates approval or shall be considered to be readily accessible Transit facility means, for purposes of de- endorsement of any product or method by to and usable by individuals with disabilities termining the number of text telephones the Office. if it meets the requirements of this part and (c) Over-the-road buses acquired by public needed consistent with § 10.3.1(12) of Appen- the standards set forth in part 38 of these entities (or by a contractor to a public enti- dix A to this part, a physical structure the regulations. ty as provided in § 37.23 of this part) shall primary function of which is to facilitate ac- (b)(1) For purposes of implementing the comply with § 38.23 and subpart G of part 38 cess to and from a transportation system equivalent facilitation provision in § 38.2 of of these regulations. which has scheduled stops at the structure. these regulations, the following parties may The term does not include an open structure § 37.9 Standards for accessible transportation submit to the General Counsel of the appli- or a physical structure the primary purpose facilities. cable operating administration a request for of which is other than providing transpor- (a) For purposes of this part, a transpor- a determination of equivalent facilitation: tation services. tation facility shall be considered to be read- (i) A public or covered entity that provides Used vehicle means a vehicle with prior use. ily accessible to and usable by individuals transportation services and is subject to the Vanpool means a voluntary commuter ride- with disabilities if it meets the requirements provisions of subpart D or subpart E of this sharing arrangement, using vans with a seat- of this part and the standards set forth in part; or ing capacity greater than 7 persons (includ- Appendix A to this part. (ii) The manufacturer of a vehicle or a ve- ing the driver) or buses, which provides (b) Facility alterations begun before Janu- hicle component or subsystem to be used by transportation to a group of individuals ary 1, 1997, in a good faith effort to make a such entity to comply with this part. traveling directly from their homes to their facility accessible to individuals with dis- (2) The requesting party shall provide the regular places of work within the same geo- abilities may be used to meet the key sta- following information with its request: graphical area, and in which the commuter/ tion requirements set forth in § 37.47 of this (i) Entity name, address, contact person driver does not receive compensation beyond part, even if these alterations are not con- and telephone; reimbursement for his or her costs of pro- sistent with the standards set forth in Ap- (ii) Specific provision of part 38 of these viding the service. pendix A to this part, if the modifications regulations concerning which the entity is Vehicle, as the term is applied to covered complied with the Uniform Federal Accessi- seeking a determination of equivalent facili- entities, does not include a rail passenger bility Standard (UFAS) or ANSI A117.1 (1980) tation; car, railroad locomotive, railroad freight (American National Standards Specification (iii) [Reserved] car, or railroad caboose, or other rail rolling for Making Buildings and Facilities Acces- (iv) Alternative method of compliance, stock described in section 242 or title III of sible to and Usable by, the Physically Handi- with demonstration of how the alternative the Americans With Disabilities Act, which capped). This paragraph applies only to al- meets or exceeds the level of accessibility or is not applied to covered entities by section terations of individual elements and spaces usability of the vehicle provided in part 38; 210 of the CAA. and only to the extent that provisions cov- and Wheelchair means a mobility aid belonging ering those elements or spaces are contained (v) Documentation of the public participa- to any class of three or four-wheeled devices, in UFAS or ANSI A117.1, as applicable. tion used in developing an alternative meth- usable indoors, designed for and used by indi- (c) Public entities shall ensure the con- od of compliance. viduals with mobility impairments, whether struction of new bus stop pads are in compli- (3) In the case of a request by a public enti- operated manually or powered. A ‘‘common ance with section 10.2.1(1) of appendix A to ty that provides transportation services sub- wheelchair’’ is such a device which does not this part, to the extent construction speci- ject to the provisions of subpart D of this exceed 30 inches in width and 48 inches in fications are within their control. part, the required public participation shall length measured two inches above the (d)(1) For purposes of implementing the include the following: ground, and does not weigh more than 600 equivalent facilitation provision in section (i) The entity shall contact individuals 2.2 of appendix A to this part, the following pounds when occupied. with disabilities and groups representing parties may submit to the General Counsel a § 37.5 Nondiscrimination. them in the community. Consultation with request for a determination of equivalent fa- (a) No covered entity shall discriminate these individuals and groups shall take place cilitation: against an individual with a disability in at all stages of the development of the re- (i) A public or covered entity that provides connection with the provision of transpor- quest for equivalent facilitation. All docu- transportation services subject to the provi- tation service. ments and other information concerning the sions of subpart C of this part, or any other (b) Notwithstanding the provision of any request shall be available, upon request to appropriate party with the concurrence of special transportation service to individuals members of the public. the General Counsel.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S46 CONGRESSIONAL RECORD — SENATE January 7, 1997 (ii) The manufacturer of a product or ac- (1) Any public entity that provides des- title III of the ADA, as applied by section 210 cessibility feature to be used in the facility ignated public transportation; and of the CAA, as applicable. of such entity to comply with this part. (2) Any covered entity that is not pri- (c) Transportation services provided by an (2) The requesting party shall provide the marily engaged in the business of trans- employer solely for its own employees are following information with its request: porting people but operates a demand re- not subject to the requirements of this part. (i) Entity name, address, contact person sponsive or fixed route system. Such services are subject to the require- and telephone; (b) Entities to which this part applies also ments of section 201 of the CAA. (ii) Specific provision of appendix A to part may be subject to CAA regulations of the Of- § 37.39 [Reserved] 37 of these regulations concerning which the fice of Compliance (parts 35 or 36, as applica- Subpart C—Transportation Facilities entity is seeking a determination of equiva- ble). The provisions of this part shall be in- lent facilitation; terpreted in a manner that will make them § 37.41 Construction of transportation facilities (iii) [Reserved]; by public entities. (iv) Alternative method of compliance, consistent with applicable Office of Compli- with demonstration of how the alternative ance regulations. In any case of apparent in- A public entity shall construct any new fa- meets or exceeds the level of accessibility or consistency, the provisions of this part shall cility to be used in providing designated pub- usability of the vehicle provided in appendix prevail. lic transportation services so that the facil- A to this part; and § 37.23 Service under contract ity is readily accessible to and usable by in- (v) Documentation of the public participa- (a) When a public entity enters into a con- dividuals with disabilities, including individ- tion used in developing an alternative meth- tractual or other arrangement or relation- uals who use wheelchairs. For purposes of od of compliance. ship with a private entity to operate fixed this section, a facility or station is ‘‘new’’ if (3) In the case of a request by a public enti- route or demand responsive service, the pub- its construction begins (i.e., issuance of no- ty that provides transportation facilities, lic entity shall ensure that the private enti- tice to proceed) after December 31, 1996. the required public participation shall in- ty meets the requirements of this part that § 37.43 Alteration of transportation facilities by clude the following: would apply to the public entity if the public public entity. (i) The entity shall contact individuals entity itself provided the service. (a)(1) When a public entity alters an exist- with disabilities and groups representing (b) A public entity which enters into a con- them in the community. Consultation with ing facility or a part of an existing facility tractual or other arrangement or relation- these individuals and groups shall take place used in providing designated public transpor- ship with a private entity to provide fixed at all stages of the development of the re- tation services in a way that affects or could quest for equivalent facilitation. All docu- route service shall ensure that the percent- affect the usability of the facility or part of ments and other information concerning the age of accessible vehicles operated by the the facility, the entity shall make the alter- request shall be available, upon request to public entity in its overall fixed route or de- ations (or ensure that the alterations are members of the public. mand responsive fleet is not diminished as a made) in such a manner, to the maximum ex- (ii) The entity shall make its proposed re- result. tent feasible, that the altered portions of the quest available for public comment before § 37.25 [Reserved] facility are readily accessible to and usable the request is made final or transmitted to § 37.27 Transportation for elementary and sec- by individuals with disabilities, including in- the General Counsel. In making the request ondary education systems. dividuals who use wheelchairs, upon the available for public review, the entity shall (a) The requirements of this part do not completion of such alterations. ensure that it is available, upon request, in apply to public school transportation. (2) When a public entity undertakes an al- accessible formats. (b) The requirements of this part do not teration that affects or could affect the (iii) The entity shall sponsor at least one apply to the transportation of school chil- usability of or access to an area of a facility public hearing on the request and shall pro- dren to and from a covered elementary or containing a primary function, the entity vide adequate notice of the hearing, includ- secondary school, and its school-related ac- shall make the alteration in such a manner ing advertisement in appropriate medial, tivities, if the school is providing transpor- that, to the maximum extent feasible, the such as newspapers of general and special in- tation service to students with disabilities path of travel to the altered area and the terest circulation and radio announcements. equivalent to that provided to students with- bathrooms, telephones, and drinking foun- (4) In the case of a request by a covered en- out disabilities. The test of equivalence is tains serving the altered area are readily ac- tity, the covered entity shall consult, in per- the same as that provided in § 37.105. If the cessible to and usable by individuals with son, in writing, or by other appropriate disabilities, including individuals who use means, with representatives of national and school does not meet the criteria of this paragraph for exemption from the require- wheelchairs, upon completion of the alter- local organizations representing people with ations. Provided, that alterations to the path those disabilities who would be affected by ments of this part, it is subject to the re- quirements of this part for covered entities of travel, drinking fountains, telephones and the request. bathrooms are not required to be made read- (5) A determination of compliance will be not primarily engaged in transporting peo- ily accessible to and usable by individuals made by the General Counsel on a case-by- ple. with disabilities, including individuals who case basis. § 37.29 [Reserved] (6) Determinations of equivalent facilita- § 37.31 Vanpools. use wheelchairs, if the cost and scope of tion are made only with respect to vehicles doing so would be disproportionate. Vanpool systems which are operated by (3) The requirements of this paragraph also or vehicle components used in the provision public entities, or in which public entities of transportation services covered by subpart apply to the alteration of existing intercity own or purchase or lease the vehicles, are or commuter rail stations by the responsible D or subpart E of this part, and pertain only subject to the requirements of this part for to the specific situation concerning which person for, owner of, or person in control of demand responsive service for the general the station. the determination is made. Entities shall not public operated by public entities. A vanpool cite these determinations as indicating that (4) The requirements of this section apply system in this category is deemed to be pro- a product or method constitute equivalent to any alteration which begins (i.e., issuance viding equivalent service to individuals with facilitations in situations other than those of notice to proceed or work order, as appli- disabilities if a vehicle that an individual to which the determination is made. Entities cable) after December 31, 1996. with disabilities can use is made available to shall not claim that a determination of (b) As used in this section, the phrase to equivalent facilitation indicates approval or and used by a vanpool in which such an indi- the maximum extent feasible applies to the oc- endorsement of any product or method by vidual chooses to participate. casional case where the nature of an existing the Office . §§ 37.33–37.35 [Reserved] facility makes it impossible to comply fully § 37.11 [Reserved] § 37.37 Other applications. with applicable accessibility standards § 37.13 Effective date for certain vehicle lift (a) Shuttle systems and other transpor- through a planned alteration. In these cir- specifications. tation services operated by public accom- cumstances, the entity shall provide the The vehicle lift specifications identified in modations are subject to the requirements of maximum physical accessibility feasible. §§ 38.23(b)(6) and 38.83(b)(6) apply to solicita- this part for covered entities not primarily Any altered features of the facility or por- tions for vehicles under this part after De- engaged in the business of transporting peo- tion of the facility that can be made acces- cember 31, 1996. ple. Either the requirements for demand re- sible shall be made accessible. If providing § 37.15 Temporary suspension of certain detect- sponsive or fixed route service may apply, accessibility to certain individuals with dis- able warning requirements. depending upon the characteristics of each abilities (e.g., those who use wheelchairs) The detectable warning requirements con- individual system of transportation. would not be feasible, the facility shall be tained in sections 4.7.7, 4.29.5, and 3.29.6 of (b) Conveyances used by members of the made accessible to individuals with other appendix A to this part are suspended tempo- public primarily for recreational purposes types of disabilities (e.g., those who use rarily until July 26, 1998. rather than for transportation (e.g., amuse- crutches, those who have impaired vision or ment park rides, ski lifts, or historic rail hearing, or those who have other impair- §§ 37.17–37.19 [Reserved] cars or trolleys operated in museum set- ments). Subpart B—Applicability tings) are not subject to the requirements of (c) As used in this section, a primary func- § 37.21 Applicability: General this part. Such conveyances are subject to tion is a major activity for which the facility (a) This part applies to the following enti- the Board’s regulations implementing the is intended. Areas of transportation facilities ties: non-transportation provisions of title II or that involve primary functions include, but

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S47 are not necessarily limited to, ticket pur- (2) For the first three years after January ing and during the comment period. The plan chase and collection areas, passenger waiting 1, 1997, only alterations undertaken between also shall summarize the public entity’s re- areas, train or bus platforms, baggage check- that date and the date of the alteration at sponses to the comments and consultation. ing and return areas and employment areas issue shall be considered in determining if (2) The plan shall establish milestones for (except those involving non-occupiable the cost of providing accessible features is the achievement of required accessibility of spaces accessed only by ladders, catwalks, disproportionate to the overall cost of the al- key stations, consistent with the require- crawl spaces, vary narrow passageways, or teration. ments of this section. freight [non-passenger] elevators which are (3) Only alterations undertaken after Janu- (e) A public entity wishing to apply for an frequented only by repair personnel). ary 1, 1997, shall be considered in deter- extension of the January 1, 2000, deadline for (d) As used in this section, a path of travel mining if the cost of providing an accessible key station accessibility shall include a re- includes a continuous, unobstructed way of path of travel is disproportionate to the quest for an extension with its plan sub- pedestrian passage by means of which the al- overall cost of the alteration. mitted to the General Counsel under para- tered area may be approached, entered, and § 37.45 Construction and alteration of transpor- graph (d) of this section. Extensions may be exited, and which connects the altered area tation facilities by covered entities. granted only with respect to key stations with an exterior approach (including side- which need extraordinarily expensive struc- In constructing and altering transit facili- walks, parking areas, and streets), an en- tural changes to, or replacement of, existing ties, covered entities shall comply with the trance to the facility, and other parts of the facilities (e.g., installations of elevators, regulations of the Board implementing title facility. The term also includes the rest- raising the entire passenger platform, or al- III of the ADA, as applied by section 210 of rooms, telephones, and drinking fountains terations of similar magnitude and cost). Re- the CAA (part 36). serving the altered area. An accessible path quests for extensions shall provide for com- of travel may include walks and sidewalks, § 37.47 Key stations in light and rapid rail sys- pletion of key station accessibility within curb ramps and other interior or exterior pe- tems. the time limits set forth in paragraph (c) of destrian ramps, clear floor paths through (a) Each public entity that provides des- this section. The General Counsel may ap- corridors, waiting areas, concourses, and ignated public transportation by means of a prove, approve with conditions, modify, or other improved areas, parking access aisles, light or rapid rail system shall make key disapprove any request for an extension. elevators and lifts, bridges, tunnels, or other stations on its system readily accessible to §§ 37.49–37.59 [Reserved] passageways between platforms, or a com- and usable by individuals with disabilities, § 37.61 Public transportation programs and ac- bination of these and other elements. including individuals who use wheelchairs. tivities in existing facilities. (e)(1) Alterations made to provide an ac- This requirement is separate from and in ad- (a) A public entity shall operate a des- cessible path of travel to the altered area dition to requirements set forth in § 37.43 of ignated public transportation program or ac- will be deemed disproportionate to the over- this part. tivity conducted in an existing facility so all alteration when the cost exceeds 20 per- (b) Each public entity shall determine that, when viewed in its entirety, the pro- cent of the cost of the alteration to the pri- which stations on its system are key sta- gram or activity is readily accessible to and mary function area (without regard to the tions. The entity shall identify key stations, usable by individuals with disabilities. costs of accessibility modifications). using the planning and public participation (b) This section does not require a public (2) Costs that may be counted as expendi- process set forth in paragraph (d) of this sec- entity to make structural changes to exist- tures required to provide an accessible path tion, and taking into consideration the fol- ing facilities in order to make the facilities of travel include: lowing criteria: accessible by individuals who use wheel- (i) Costs associated with providing an ac- (1) Stations where passenger boardings ex- chairs, unless and to the extent required by cessible entrance and an accessible route to ceed average station passenger boardings on § 37.43 (with respect to alterations) or § 37.47 the altered area (e.g., widening doorways and the rail system by at least fifteen percent, of this part (with respect to key stations). installing ramps); unless such a station is close to another ac- Entities shall comply with other applicable (ii) Costs associated with making rest- cessible station; accessibility requirements for such facilities. rooms accessible (e.g., grab bars, enlarged (2) Transfer stations on a rail line or be- (c) Public entities, with respect to facili- toilet stalls, accessible faucet controls); tween rail lines; ties that, as provided in paragraph (b) of this (iii) Costs associated with providing acces- (3) Major interchange points with other sible telephones (e.g., relocation of phones to section, are not required to be made acces- transportation modes, including stations sible to individuals who use wheelchairs, are an accessible height, installation of amplifi- connecting with major parking facilities, bus cation devices or TTYs); not required to provide to such individuals terminals, intercity or commuter rail sta- services made available to the general public (iv) Costs associated with relocating an in- tions, passenger vessel terminals, or air- accessible drinking fountain. at such facilities when the individuals could ports; not utilize or benefit from the services. (f)(1) When the cost of alterations nec- (4) End stations, unless an end station is essary to make a path of travel to the al- close to another accessible station; and §§ 37.63–37.69 [Reserved] tered area fully accessible is dispropor- (5) Stations serving major activity centers, Subpart D—Acquisition of Accessible tionate to the cost of the overall alteration, such as employment or government centers, Vehicles by Public Entities. then such areas shall be made accessible to institutions of higher education, hospitals or § 37.71 Purchase or lease of new non-rail vehi- the maximum extent without resulting in other major health care facilities, or other cles by public entities operating fixed route disproportionate costs; facilities that are major trip generators for systems. (2) In this situation, the public entity individuals with disabilities. (a) Except as provided elsewhere in this should give priority to accessible elements (c)(1) Unless an entity receives an exten- that will provide the greatest access, in the section, each public entity operating a fixed sion under paragraph (c)(2) of this section, route system making a solicitation after following order: the public entity shall achieve accessibility (i) An accessible entrance; January 31, 1997, to purchase or lease a new of key stations as soon as practicable, but in (ii) An accessible route to the altered area; bus or other new vehicle for use on the sys- (iii) At least one accessible restroom for no case later than January 1, 2000, except tem, shall ensure that the vehicle is readily each sex or a single unisex restroom (where that an entity is not required to complete in- accessible to and usable by individuals with there are one or more restrooms); stallation of detectable warnings required by disabilities, including individuals who use (iv) Accessible telephones; section 10.3.2(2) of appendix A to this part wheelchairs. (v) Accessible drinking fountains; until January 1, 2001. (b) A public entity may purchase or lease a (vi) When possible, other accessible ele- (2) The General Counsel may grant an ex- new bus that is not readily accessible to and ments (e.g., parking, storage, alarms). tension of this completion date for key sta- usable by individuals with disabilities, in- (g) If a public entity performs a series of tion accessibility for a period up to January cluding individuals who use wheelchairs, if it small alterations to the area served by a sin- 1, 2025, provided that two-thirds of key sta- applies for, and the General Counsel grants, gle path of travel rather than making the al- tions are made accessible by January 1, 2015. a waiver as provided for in this section. terations as part of a single undertaking, it Extensions may be granted as provided in (c) Before submitting a request for such a shall nonetheless be responsible for pro- paragraph (e) of this section. waiver, the public entity shall hold at least viding an accessible path of travel. (d) The public entity shall develop a plan one public hearing concerning the proposed (h)(1) If an area containing a primary func- for compliance for this section. The plan request. tion has been altered without providing an shall be submitted to the General Counsel’s (d) The General Counsel may grant a re- accessible path of travel to that area, and office by July 1, 1997. quest for such a waiver if the public entity subsequent alterations of that area, or a dif- (1) The public entity shall consult with in- demonstrates to the General Counsel’s satis- ferent area on the same path of travel, are dividuals with disabilities affected by the faction that— undertaken within three years of the origi- plan. The public entity also shall hold at (1) The initial solicitation for new buses nal alteration, the total cost of alteration to least one public hearing on the plan and so- made by the public entity specified that all the primary function areas on that path of licit comments on it. The plan submitted to new buses were to be lift-equipped and were travel during the preceding three year period General Counsel shall document this public to be otherwise accessible to and usable by shall be considered in determining whether participation, including summaries of the individuals with disabilities; the cost of making that path of travel is dis- consultation with individuals with disabil- (2) Hydraulic, electromechanical, or other proportionate; ities and the comments received at the hear- lifts for such new buses could not be provided

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S48 CONGRESSIONAL RECORD — SENATE January 7, 1997 by any qualified lift manufacturer to the abilities shall retain documentation of the use wheelchairs, is provided in the most inte- manufacturer of such new buses in sufficient specific good faith efforts it made for three grated setting appropriate to the needs of time to comply with the solicitation; and years from the date the vehicles were pur- the individual and is equivalent to the serv- (3) Any further delay in purchasing new chased. These records shall be made avail- ice provided other individuals with respect buses equipped with such necessary lifts able, on request, to the General Counsel and to the following service characteristics: would significantly impair transportation the public. (1) Response time; services in the community served by the § 37.75 Remanufacture of non-rail vehicles and (2) Fares; public entity. purchase or lease of remanufactured non- (3) Geographic area of service; (e) The public entity shall include with its rail vehicles by public entities operating (4) Hours and days of service; waiver request a copy of the initial solicita- fixed route systems. (5) Restrictions or priorities based on trip tion and written documentation from the (a) This section applies to any public enti- purpose; bus manufacturer of its good faith efforts to ty operating a fixed route system which (6) Availability of information and reserva- obtain lifts in time to comply with the solic- takes one of the following actions: tions capability; and itation, and a full justification for the asser- (1) After January 31, 1997, remanufactures (7) Any constraints on capacity or service tion that the delay in bus procurement need- a bus or other vehicle so as to extend its use- availability. ed to obtain a lift-equipped bus would sig- ful life for five years or more or makes a so- (d) A public entity, which determines that nificantly impair transportation services in licitation for such remanufacturing; or its service to individuals with disabilities is the community. This documentation shall (2) Purchases or leases a bus or other vehi- equivalent to that provided other persons include a specific date at which the lifts cle which has been remanufactured so as to shall, before any procurement of an inacces- could be supplied, copies of advertisements extend its useful life for five years or more, sible vehicle, make a certificate that it pro- in trade publications and inquiries to trade where the purchase or lease occurs after Jan- vides equivalent service meeting the stand- associations seeking lifts, and documenta- uary 31, 1997, and during the period in which ards of paragraph (c) of this section. A public tion of the public hearing. the useful life of the vehicle is extended. entity shall make such a certificate and re- (f) Any waiver granted by the General (b) Vehicles acquired through the actions tain it in its files, subject to inspection on Counsel under this section shall be subject to listed in paragraph (a) of this section shall, request of the General Counsel. All certifi- the following conditions: to the maximum extent feasible, be readily cates under this paragraph may be made in (1) The waiver shall apply only to the par- accessible to and usable by individuals with connection with a particular procurement or ticular bus delivery to which the waiver re- disabilities, including individuals who use in advance of a procurement; however, no quest pertains; wheelchairs. certificate shall be valid for more than one (2) The waiver shall include a termination (c) For purposes of this section, it shall be year. date, which will be based on information considered feasible to remanufacture a bus (e) The waiver mechanism set forth in concerning when lifts will become available or other motor vehicle so as to be readily ac- § 37.71(b)-(g) (unavailability of lifts) of this for installation on the new buses the public cessible to and usable by individuals with subpart shall also be available to public enti- entity is purchasing. Buses delivered after disabilities, including individuals who use ties operating a demand responsive system this date, even though procured under a so- wheelchairs, unless an engineering analysis for the general public. licitation to which a waiver applied, shall be demonstrates that including accessibility § 37.79 Purchase or lease of new rail vehicles by equipped with lifts; features required by this part would have a public entities operating rapid or light rail (3) Any bus obtained subject to the waiver significant adverse effect on the structural systems. shall be capable of accepting a lift, and the integrity of the vehicle. public entity shall install a lift as soon as (d) If a public entity operates a fixed route Each public entity operating a rapid or soon as one becomes available; system, any segment of which is included on light rail system making a solicitation after (4) Such other terms and conditions as the the National Register of Historic Places, and January 31, 1997, to purchase or lease a new General Counsel may impose. if making a vehicle of historic character rapid or light rail vehicle for use on the sys- (g)(1) When the General Counsel grants a used solely on such segment readily acces- tem shall ensure that the vehicle is readily waiver under this section, he/she shall sible to and usable by individuals with dis- accessible to and usable by individuals with promptly notify any appropriate committees abilities would significantly alter the his- disabilities, including individuals who use of Congress. toric character of such vehicle, the public wheelchairs. (2) If the General Counsel has reasonable entity has only to make (or purchase or § 37.81 Purchase or lease of used rail vehicles cause to believe that a public entity fraudu- lease a remanufactured vehicle with) those by public entities operating rapid or light lently applied for a waiver under this sec- modifications to make the vehicle accessible rail systems. tion, the General Counsel shall: which do not alter the historic character of (a) Except as provided elsewhere in this (i) Cancel the waiver if it is still in effect; such vehicle, in consultation with the Na- section, each public entity operating a rapid and tional Register of Historic Places. or light rail system which, after January 31, (ii) Take other appropriate action. (e) A public entity operating a fixed route 1997, purchases or leases a used rapid or light § 37.73 Purchase or lease of used non-rail vehi- system as described in paragraph (d) of this rail vehicle for use on the system shall en- cles by public entities operating a fixed section may apply in writing to the General sure that the vehicle is readily accessible to route system. Counsel for a determination of the historic and usable by individuals with disabilities, (a) Except as provided elsewhere in this character of the vehicle. The General Coun- including individuals who use wheelchairs. section, each public entity operating a fixed sel shall refer such requests to the National (b) A public entity may purchase or lease a route system purchasing or leasing, after Register of Historic Places, and shall rely on used rapid or light rail vehicle for use on its January 31, 1997, a used bus or other used ve- its advice in making determinations of the rapid or light rail system that is not readily hicle for use on the system, shall ensure that historic character of the vehicle. accessible to and usable by individuals if, the vehicle is readily accessible to and usa- § 37.77 Purchase or lease of new non-rail vehi- after making demonstrated good faith ef- ble by individuals with disabilities, including cles by public entities operating a demand forts to obtain an accessible vehicle, it is un- individuals who use wheelchairs. responsive system for the general public. able to do so. (b) A public entity may purchase or lease a (a) Except as provided in this section, a (c) Good faith efforts shall include at least used vehicle for use on its fixed route system public entity operating a demand responsive the following steps: that is not readily accessible to and usable system for the general public making a solic- (1) The initial solicitation for used vehicles by individuals with disabilities if, after mak- itation after January 31, 1997, to purchase or made by the public entity specifying that all ing demonstrated good faith efforts to obtain lease a new bus or other new vehicle for use used vehicles were to be accessible to and us- an accessible vehicle, it is unable to do so. on the system, shall ensure that the vehicle able by individuals with disabilities, or, if a (c) Good faith efforts shall include at least is readily accessible to and usable by individ- solicitation is not used, a documented com- the following steps: uals with disabilities, including individuals munication so stating; (1) An initial solicitation for used vehicles who use wheelchairs. (2) A nationwide search for accessible vehi- specifying that all used vehicles are to be (b) If the system, when viewed in its en- cles, involving specific inquiries to manufac- lift-equipped and otherwise accessible to and tirety, provides a level of service to individ- turers and other transit providers; and usable by individuals with disabilities, or, if uals with disabilities, including individuals (3) Advertising in trade publications and an initial solicitation is not used, a docu- who use wheelchairs, equivalent to the level contacting trade associations. mented communication so stating; of service it provides to individuals without (d) Each public entity purchasing or leas- (2) A nationwide search for accessible vehi- disabilities, it may purchase new vehicles ing used rapid or light rail vehicles that are cles, involving specific inquiries to used ve- that are not readily accessible to and usable not readily accessible to and usable by indi- hicle dealers and other transit providers; and by individuals with disabilities. viduals with disabilities shall retain docu- (3) Advertising in trade publications and (c) For purposes of this section, a demand mentation of the specific good faith efforts it contacting trade associations. responsive system, when viewed in its en- made for three years from the date the vehi- (d) Each public entity purchasing or leas- tirety, shall be deemed to provide equivalent cles were purchased. These records shall be ing used vehicles that are not readily acces- service if the service available to individuals made available, on request, to the General sible to and usable by individuals with dis- with disabilities, including individuals who Counsel and the public.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S49 § 37.83 Remanufacture of rail vehicles and pur- (including the driver) for use on the system, cordance with the provisions of this subpart chase or lease of remanufactured rail vehi- it shall ensure that the vehicle is readily ac- relating to undue financial burden. cles by public entities operating rapid or cessible to and usable by individuals with (c) Requirements for complementary para- light rail systems. disabilities, including individuals who use transit do not apply to commuter bus sys- (a) This section applies to any public enti- wheelchairs. tems. ty operating a rapid or light rail system (c) Fixed Route System, Vehicle Capacity of § 37.123 CAA paratransit eligibility standards. which takes one of the following actions: 16 or Fewer. If the entity operates a fixed (a) Public entities required by § 37.121 of (1) After January 31, 1997, remanufactures route system and purchases or leases a vehi- this subpart to provide complementary para- a light or rapid rail vehicle so as to extend cle with a seating capacity of 16 or fewer pas- transit service shall provide the service to its useful life for five years or more or makes sengers (including the driver) for use on the the CAA paratransit eligible individuals de- a solicitation for such remanufacturing; system, it shall ensure that the vehicle is scribed in paragraph (e) of this section. (2) Purchases or leases a light or rapid rail readily accessible to and usable by individ- (b) If an individual meets the eligibility vehicle which has been remanufactured so as uals with disabilities, including individuals criteria of this section with respect to some to extend its useful life for five years or who use wheelchairs, unless the system, trips but not others, the individual shall be more, where the purchase or lease occurs when viewed in its entirety, meets the stand- CAA paratransit eligible only for those trips after January 31, 1997, and during the period ard for equivalent service of § 37.105 of this for which he or she meets the criteria. in which the useful life of the vehicle is ex- part. (c) Individuals may be CAA paratransit eli- tended. (d) Demand Responsive System, Vehicle Ca- gible on the basis of a permanent or tem- (b) Vehicles acquired through the actions pacity Over 16. If the entity operates a de- porary disability. listed in paragraph (a) of this section shall, mand responsive system, and purchases or (d) Public entities may provide com- to the maximum extent feasible, be readily leases a vehicle with a seating capacity of plementary paratransit service to persons accessible to and usable by individuals with over 16 passengers (including the driver) for other than CAA paratransit eligible individ- disabilities, including individuals who use use on the system, it shall ensure that the uals. However, only the cost of service to wheelchairs. vehicle is readily accessible to and usable by CAA paratransit eligible individuals may be (c) For purposes of this section, it shall be individuals with disabilities, including indi- considered in a public entity’s request for an considered feasible to remanufacture a rapid viduals who use wheelchairs, unless the sys- undue financial burden waiver under or light rail vehicle so as to be readily acces- tem, when viewed in its entirety, meets the §§ 37.151–37.155 of this part. (e) The following individuals are CAA para- sible to and usable by individuals with dis- standard for equivalent service of § 37.105 of this part. transit eligible: abilities, including individuals who use (1) Any individual with a disability who is (e) Demand Responsive System, Vehicle Ca- wheelchairs, unless an engineering analysis unable, as the result of a physical or mental pacity of 16 or Fewer. Entities providing de- demonstrates that doing so would have a sig- impairment (including a vision impairment), mand responsive transportation covered nificant adverse effect on the structural in- and without the assistance of another indi- tegrity of the vehicle. under this section are not specifically re- vidual (except the operator of a wheelchair (d) If a public entity operates a rapid or quired to ensure that new vehicles with seat- lift or other boarding assistance device), to light rail system any segment of which is in- ing capacity of 16 or fewer are accessible to board, ride, or disembark from any vehicle cluded on the National Register of Historic individuals with wheelchairs. These entities on the system which is readily accessible to Places and if making a rapid or light rail ve- are required to ensure that their systems, and usable by individuals with disabilities. hicle of historic character used solely on when viewed in their entirety, meet the (2) Any individual with a disability who such segment readily accessible to and usa- equivalent service requirements of §§ 37.171 needs the assistance of a wheelchair lift or ble by individuals with disabilities would and 37.105, regardless of whether or not the other boarding assistance device and is able, significantly alter the historic character of entities purchase a new vehicle. with such assistance, to board, ride and dis- such vehicle, the public entity need only § 37.103 [Reserved] embark from any vehicle which is readily ac- make (or purchase or lease a remanufactured § 37.105 Equivalent service standard. cessible to and usable by individuals with vehicle with) those modifications that do not For purposes of §37.101 of this part, a fixed disabilities if the individual wants to travel alter the historic character of such vehicle. route system or demand responsive system, on a route on the system during the hours of (e) A public entity operating a fixed route when viewed in its entirety, shall be deemed operation of the system at a time, or within system as described in paragraph (d) of this to provide equivalent service if the service a reasonable period of such time, when such section may apply in writing to the General available to individuals with disabilities, in- a vehicle is not being used to provide des- Counsel for a determination of the historic cluding individuals who use wheelchairs, is ignated public transportation on the route. character of the vehicle. The General Coun- provided in the most integrated setting ap- (i) An individual is eligible under this sel shall refer such requests to the National propriate to the needs of the individual and paragraph with respect to travel on an other- wise accessible route on which the boarding Register of Historic Places and shall rely on is equivalent to the service provided other or disembarking location which the indi- its advice in making a determination of the individuals with respect to the following vidual would use is one at which boarding or historic character of the vehicle. service characteristics: disembarking from the vehicle is precluded §§ 37.85–37.91 [Reserved] (a)(1) Schedules/headways (if the system is § 37.93 One car per train rule. as provided in § 37.167(g) of this part. fixed route); (ii) An individual using a common wheel- (a) The definition of accessible for purposes (2) Response time (if the system is demand chair is eligible under this paragraph if the of meeting the one car per train rule is responsive); individual’s wheelchair cannot be accommo- spelled out in the applicable subpart for each (b) Fares; dated on an existing vehicle (e.g., because transportation system type in part 38 of (c) Geographic area of service; the vehicle’s lift does not meet the standards these regulations. (d) Hours and days of service; of part 38 of these regulations), even if that (b) Each public entity providing light or (e) Availability of information; vehicle is accessible to other individuals rapid rail service shall ensure that each (f) Reservations capability (if the system is with disabilities and their mobility wheel- train, consisting of two or more vehicles, in- demand responsive); chairs. cludes at least one car that is readily acces- (g) Any constraints on capacity or service (iii) With respect to rail systems, an indi- sible to and usable by individuals with dis- availability; vidual is eligible under this paragraph if the abilities, including individuals who use (h) Restrictions priorities based on trip individual could use an accessible rail sys- wheelchairs, as soon as practicable but in no purpose (if the system is demand responsive). tem, but case later than December 31, 2001. §§ 37.107–37.109 [Reserved] (A) there is not yet one accessible car per § 37.95 [Reserved] §§ 37.111–37.119 [Reserved] train on the system; or §§ 37.97–37.99 [Reserved] Subpart F—Paratransit as a Complement to (B) key stations have not yet been made Subpart E—Acquisition of Accessible Fixed Route Service accessible. (3) Any individual with a disability who Vehicles by Covered Entities § 37.121 Requirement for comparable com- has a specific impairment-related condition § 37.101 Purchase or lease of vehicles by cov- plementary paratransit service. which prevents such individual from trav- ered entities not primarily engaged in the (a) Except as provided in paragraph (c) of eling to a boarding location or from a dis- business of transporting people. this section, each public entity operating a embarking location on such system. (a) Application. This section applies to all fixed route system shall provide paratransit (i) Only a specific impairment-related con- purchases or leases of vehicles by covered en- or other special service to individuals with dition which prevents the individual from tities which are not primarily engaged in the disabilities that is comparable to the level of traveling to a boarding location or from a business of transporting people, in which a service provided to individuals without dis- disembarking location is a basis for eligi- solicitation for the vehicle is made after abilities who use the fixed route system. bility under this paragraph. A condition January 31, 1997. (b) To be deemed comparable to fixed route which makes traveling to boarding location (b) Fixed Route System, Vehicle Capacity service, a complementary paratransit sys- or from a disembarking location more dif- Over 16. If the entity operates a fixed route tem shall meet the requirements of §§ 37.123– ficult for a person with a specific impair- system and purchases or leases a vehicle 37.133 of this subpart. The requirement to ment-related condition than for an indi- with a seating capacity of over 16 passengers comply with § 37.131 may be modified in ac- vidual who does not have the condition, but

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S50 CONGRESSIONAL RECORD — SENATE January 7, 1997 does not prevent the travel, is not a basis for (2) The process shall include an oppor- fore receiving the service required by this eligibility under this paragraph. tunity to be heard and to present informa- section. (ii) Architectural barriers not under the tion and arguments, separation of functions § 37.129 Types of service. control of the public entity providing fixed (i.e., a decision by a person not involved with route service and environmental barriers the initial decision to deny eligibility), and (a) Except as provided in this section, com- (e.g., distance, terrain, weather) do not, written notification of the decision, and the plementary paratransit service for CAA standing alone, form a basis for eligibility reasons for it; paratransit eligible persons shall be origin- under this paragraph. The interaction of (3) The entity is not required to provide to-destination service. such barriers with an individual’s specific paratransit service to the individual pending (b) Complementary paratransit service for impairment-related condition may form a the determination on appeal. However, if the CAA paratransit eligible persons described in basis for eligibility under this paragraph, if entity has not made a decision within 30 § 37.123(e)(2) of this part may also be provided the effect is to prevent the individual from days of the completion of the appeal process, by on-call bus service or paratransit feeder traveling to a boarding location or from a the entity shall provide paratransit service service to an accessible fixed route, where disembarking location. from that time until and unless a decision to such service enables the individual to use the (f) Individuals accompanying a CAA para- deny the appeal is issued. fixed route bus system for his or her trip. transit eligible individual shall be provided (h) The entity may establish an adminis- (c) Complementary paratransit service for service as follows: trative process to suspend, for a reasonable CAA eligible persons described in § 37.123 (1) One other individual accompanying the period of time, the provision of complemen- (e)(3) of this part also may be provided by CAA paratransit eligible individual shall be tary paratransit service to CAA eligible indi- paratransit feeder service to and/or from an provided service. viduals who establish a pattern or practice of accessible fixed route. (i) If the CAA paratransit eligible indi- missing scheduled trips. vidual is traveling with a personal care at- § 37.131 Service criteria for complementary para- (1) Trips missed by the individual for rea- transit. tendant, the entity shall provide service to sons beyond his or her control (including, one other individual in addition to the at- but not limited to, trips which are missed The following service criteria apply to tendant who is accompanying the eligible in- due to operator error) shall not be a basis for complementary paratransit required by dividual. determining that such a pattern or practice § 37.121 of this part. (ii) A family member or friend is regarded exists. (a) Service Area—(1) Bus. (i) The entity as a person accompanying the eligible indi- (2) Before suspending service, the entity shall provide complementary paratransit vidual, and not as a personal care attendant, shall take the following steps: service to origins and destinations within unless the family member or friend reg- (i) Notify the individual in writing that the corridors with a width of three-fourths of a istered is acting in the capacity of a personal entity proposes to suspend service, citing mile on each side of each fixed route. The care attendant; with specificity the basis of the proposed corridor shall include an area with a three- (2) Additional individuals accompanying suspension and setting forth the proposed fourths of a mile radius at the ends of each the CAA paratransit eligible individual shall sanction; fixed route. be provided service, provided that space is (ii) Provide the individual an opportunity (ii) Within the core service area, the entity available for them on the paratransit vehicle to be heard and to present information and also shall provide service to small areas not carrying the CAA paratransit eligible indi- arguments; inside any of the corridors but which are sur- vidual and that transportation of the addi- (iii) Provide the individual with written rounded by corridors. tional individuals will not result in a denial notification of the decision and the reasons (iii) Outside the core service area, the enti- of service to CAA paratransit eligible indi- for it. ty may designate corridors with widths from viduals. (3) The appeals process of paragraph (g) of three fourths of a mile up to one and one half (3) In order to be considered as ‘‘accom- this section is available to an individual on miles on each side of a fixed route, based on panying’’ the eligible individual for purposes whom sanctions have been imposed under local circumstances. of this paragraph, the other individual(s) this paragraph. The sanction is stayed pend- (iv) For purposes of this paragraph, the shall have the same origin and destination as ing the outcome of the appeal. the eligible individual. (i) In applications for CAA paratransit eli- core service area is that area in which cor- § 37.125 CAA paratransit eligibility: process. gibility, the entity may require the appli- ridors with a width of three-fourths of a mile on each side of each fixed route merge to- Each public entity required to provide cant to indicate whether or not he or she gether such that, with few and small excep- complementary paratransit service by travels with a personal care attendant. tions, all origins and destinations within the § 37.121 of this part shall establish a process § 37.127 Complementary paratransit service for area would be served. for determining CAA paratransit eligibility. visitors. (a) The process shall strictly limit CAA (2) Rail. (i) For rail systems, the service (a) Each public entity required to provide area shall consist of a circle with a radius of paratransit eligibility to individuals speci- complementary paratransit service under 3⁄4 of a mile around each station. fied in § 37.123 of this part. § 37.121 of this part shall make the service (b) All information about the process, ma- (ii) At end stations and other stations in available to visitors as provided in this sec- terials necessary to apply for eligibility, and outlying areas, the entity may designate cir- tion. cles with radii of up to 11⁄2 miles as part of notices and determinations concerning eligi- (b) For purposes of this section, a visitor is its service area, based on local cir- bility shall be made available in accessible an individual with disabilities who does not cumstances. formats, upon request. reside in the jurisdiction(s) served by the (c) If, by a date 21 days following the sub- (3) Jurisdictional Boundaries. Notwith- public entity or other entities with which mission of a complete application, the entity standing any other provision of this para- the public entity provides coordinated com- has not made a determination of eligibility, graph, an entity is not required to provide plementary paratransit service within a re- the applicant shall be treated as eligible and paratransit service in an area outside the provide service until and unless the entity gion. (c) Each public entity shall treat as eligi- boundaries of the jurisdiction(s) in which it denies the application. ble for its complementary paratransit serv- operates, if the entity does not have legal (d) The entity’s determination concerning authority to operate in that area. The entity eligibility shall be in writing. If the deter- ice all visitors who present documentation that they are CAA paratransit eligible, shall take all practicable steps to provide mination is that the individual is ineligible, paratransit service to any part of its service the determination shall state the reasons for under the criteria of § 37.125 of this part, in the jurisdiction in which they reside. area. the finding. (b) Response Time. The entity shall sched- (e) The public entity shall provide docu- (d) With respect to visitors with disabil- ule and provide paratransit service to any mentation to each eligible individual stating ities who do not present such documenta- CAA paratransit eligible person at any re- that he or she is ‘‘CAA Paratransit Eligible.’’ tion, the public entity may require the docu- quested time on a particular day in response The documentation shall include the name of mentation of the individual’s place of resi- to a request for service made the previous the eligible individual, the name of the tran- dence and, if the individual’s disability is not day. Reservations may be taken by reserva- sit provider, the telephone number of the en- apparent, of his or her disability. The entity tion agents or by mechanical means. tity’s paratransit coordinator, an expiration shall provide paratransit service to individ- (1) The entity shall make reservation serv- date for eligibility, and any conditions or uals with disabilities who qualify as visitors ice available during at least all normal busi- limitations on the individual’s eligibility in- under paragraph (b) of this section. The enti- ness hours of the entity’s administrative of- cluding the use of a personal care attendant. ty shall accept a certification by such indi- (f) The entity may require recertification viduals that they are unable to use fixed fices, as well as during times, comparable to of the eligibility of CAA paratransit eligible route transit. normal business hours, on a day when the en- individuals at reasonable intervals. (e) A public entity shall make the service tity’s offices are not open before a service (g) The entity shall establish an adminis- to a visitor required by this section available day. trative appeal process through which indi- for any combination of 21 days during any (2) The entity may negotiate pickup times viduals who are denied eligibility can obtain 365-day period beginning with the visitor’s with the individual, but the entity shall not review of the denial. first use of the service during such 365-day require a CAA paratransit eligible individual (1) The entity may require that an appeal period. In no case shall the public entity re- to schedule a trip to begin more than one be filed within 60 days of the denial of an in- quire a visitor to apply for or receive eligi- hour before or after the individual’s desired dividual’s application. bility certification from the public entity be- departure time.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S51 (3) The entity may use real-time sched- trips available at a given time of day, unless ticipated to use its paratransit service. Each uling in providing complementary para- there is excess non-subscription capacity. entity shall develop contacts, mailing lists transit service. (c) Notwithstanding any other provision of and other appropriate means for notification (4) The entity may permit advance reserva- this part, the entity may establish waiting of opportunities to participate in the devel- tions to be made up to 14 days in advance of lists or other capacity constraints and trip opment of the paratransit plan. a CAA paratransit eligible individual’s de- purpose restrictions or priorities for partici- (2) Consultation with individuals with disabil- sired trips. When an entity proposes to pation in the subscription service only. ities. Each entity shall contact individuals change its reservations system, it shall com- § 37.135 Submission of paratransit plan. with disabilities and groups representing ply with the public participation require- (a) General. Each public entity operating them in the community. Consultation shall ments equivalent to those of § 37.131(b) and fixed route transportation service, which is begin at an early stage in the plan develop- (c). required by § 37.121 to provide complemen- ment and should involve persons with dis- (c) Fares. The fare for a trip charged to a tary paratransit service, shall develop a abilities in all phases of plan development. CAA paratransit eligible user of the com- paratransit plan. All documents and other information con- plementary paratransit service shall not ex- (b) Initial Submission. Except as provided in cerning the planning procedure and the pro- ceed twice the fare that would be charged to § 37.141 of this part, each entity shall submit vision of service shall be available, upon re- an individual paying full fare (i.e., without its initial plan for compliance with the com- quest, to members of the pubic, except where regard to discounts) for a trip of similar plementary paratransit service provision by disclosure would be an unwarranted invasion length, at a similar time of day, on the enti- June 1, 1998, to the appropriate location of personal privacy. ty’s fixed route system. identified in paragraph (f) of this section. (3) Opportunity for public comment. The sub- (1) In calculating the full fare that would (c) Annual Updates. Except as provided in mitting entity shall make its plan available be paid by an individual using the fixed route this paragraph, each entity shall submit its for review before the plan is finalized. In system, the entity may include transfer and annual update to the plan on June 1 of each making the plan available for public review, premium charges applicable to a trip of simi- succeeding year. the entity shall ensure that the plan is avail- lar length, at a similar time of day, on the (1) If an entity has met and is continuing able upon request in accessible formats. fixed route system. to meet all requirements for complementary (4) Public hearing. The entity shall sponsor (2) The fares for individuals accompanying paratransit in §§ 37.121–37.133 of this part, the at a minimum one public hearing and shall CAA paratransit eligible individuals, who are entity may submit to the General Counsel an provide adequate notice of the hearing, in- provided service under § 37.123(f) of this part, annual certification of continued compliance cluding advertisement in appropriate media, shall be the same as for the CAA paratransit in lieu of a plan update. Entities that have such as newspapers of general and special in- eligible individuals they are accompanying. submitted a joint plan under § 37.141 may terest circulation and radio announcements; (3) A personal care attendant shall not be submit a joint certification under this para- and charged for complementary paratransit serv- graph. The requirements of §§ 37.137(a) and (5) Special requirements. If the entity in- ice. (b), 37.138 and 37.139 do not apply when a cer- tends to phase-in its paratransit service over (4) The entity may charge a fare higher a multi-year period, or request a waiver than otherwise permitted by this paragraph tification is submitted under this paragraph. (2) In the event of any change in cir- based on undue financial burden, the public to a social service agency or other organiza- cumstances that results in an entity which hearing shall afford the opportunity for in- tion for agency trips (i.e., trips guaranteed has submitted a certification of continued terested citizens to express their views con- to the organization). compliance falling short of compliance with cerning the phase-in, the request, and which (d) Trip Purpose Restrictions. The entity service criteria may be delayed in implemen- shall not impose restrictions or priorities §§ 37.121–37.133, the entity shall immediately notify the General Counsel in writing of the tation. based on trip purpose. (c) Ongoing requirement. The entity shall (e) Hours and Days of Service. The com- problem. In this case, the entity shall also file a plan update meeting the requirements create an ongoing mechanism for the partici- plementary paratransit service shall be pation of individuals with disabilities in the available throughout the same hours and of §§ 37.137–37.139 of this part on the next fol- lowing June 1 and in each succeeding year continued development and assessment of days as the entity’s fixed route service. services to persons with disabilities. This in- (f) Capacity Constraints. The entity shall until the entity returns to full compliance. cludes, but is not limited to, the develop- not limit the availability of complementary (3) An entity that has demonstrated undue ment of the initial plan, any request for an paratransit service to CAA paratransit eligi- financial burden to the General Counsel shall undue financial burden waiver, and each an- ble individuals by any of the following: file a plan update meeting the requirements nual submission. (1) Restrictions on the number of trips an of §§ 37.137–37.139 of this part on each June 1 individual will be provided; until full compliance with §§ 37.121–37.133 is § 37.139 Plan contents. (2) Waiting lists for access to the service; attained. Each plan shall contain the following in- or (4) If the General Counsel reasonably be- formation: (3) Any operational pattern or practice lieves that an entity may not be fully com- (a) Identification of the entity or entities that significantly limits the availability of plying with all service criteria, the General submitting the plan, specifying for each— service to CAA paratransit eligible persons. Counsel may require the entity to provide an (1) Name and address; and (i) Such patterns or practices include, but annual update to its plan. (2) Contact person for the plan, with tele- are not limited to, the following: (d) Phase-in of Implementation. Each plan phone number and facsimile telephone num- (A) Substantial numbers of significantly shall provide for full compliance by no later ber (FAX), if applicable. untimely pickups for initial or return trips; than June 1, 2003, unless the entity has re- (b) A description of the fixed route system (B) Substantial numbers of trip denials or ceived a waiver based on undue financial bur- as of January 1, 1997 (or subsequent year for missed trips; den. If the date for full compliance specified annual updates), including— (C) Substantial numbers of trips with ex- in the plan is after June 1, 1999, the plan (1) A description of the service area, route cessive trip lengths. shall include milestones, providing for meas- structure, days and hours of service, fare (ii) Operational problems attributable to ured, proportional progress toward full com- structure, and population served. This in- causes beyond the control of the entity (in- pliance. cludes maps and tables, if appropriate; cluding, but not limited to, weather or traf- (e) Plan Implementation. Each entity shall (2) The total number of vehicles (bus, van, fic conditions affecting all vehicular traffic begin implementation of its plan on June 1, or rail) operated in fixed route service (in- that were not anticipated at the time a trip 1998. cluding contracted service), and percentage was scheduled) shall not be a basis for deter- (f) Submission Locations. An entity shall of accessible vehicles and percentage of mining that such a pattern or practice ex- submit its plan to the General Counsel’s of- routes accessible to and usable by persons ists. fice with disabilities, including persons who use (g) Additional Service. Public entities may § 37.137 Paratransit plan development. wheelchairs; provide complementary paratransit service (a) Survey of existing services. Each submit- (3) Any other information about the fixed to CAA paratransit eligible individuals ex- ting entity shall survey the area to be cov- route service that is relevant to establishing ceeding that provided for in this section. ered by the plan to identify any person or en- the basis for comparability of fixed route and However, only the cost of service provided tity (public or covered) which provides a paratransit service. for in this section may be considered in a paratransit or other special transportation (c) A description of existing paratransit public entity’s request for an undue financial service for CAA paratransit eligible individ- services, including: burden waiver under §§ 37.151–37.155 of this uals in the service area to which the plan ap- (1) An inventory of service provided by the part. plies. public entity submitting the plan; § 37.133 Subscription Service. (b) Public participation. (2) An inventory of service provided by (a) This part does not prohibit the use of Each submitting entity shall ensure public other agencies or organizations, which may subscription service by public entities as participation in the development of its para- in whole or in part be used to meet the re- part of a complementary paratransit system, transit plan, including at least the following: quirement for complementary paratransit subject to the limitations in this section. (1) Outreach. Each submitting entity shall service; and (b) Subscription service may not absorb solicit participation in the development of (3) A description of the available para- more than fifty percent of the number of its plan by the widest range of persons an- transit services in paragraphs (c)(2) and (c)(3)

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S52 CONGRESSIONAL RECORD — SENATE January 7, 1997 of this section as they relate to the service than one entity is submitting the plan there mentation of a joint plan. An entity wishing criteria described in § 37.131 of this part of must be an authorizing resolution from each to join with other entities after its initial service area, response time, fares, restric- board. If the entity does not function with a submission may do so by meeting the filing tions on trip purpose, hours and days of serv- board, a statement shall be submitted by the requirements of this section. ice, and capacity constraints; and to the re- entity’s chief executive; § 37.143 Paratransit plan implementation. quirements of CAA paratransit eligibility. (2) a certification that the survey of exist- (a) Each entity shall begin implementation (d) A description of the plan to provide ing paratransit service was conducted as re- of its complementary paratransit plan, pend- comparable paratransit, including: quired in § 37.137(a) of this part; ing notice from the General Counsel. The im- (1) An estimate of demand for comparable (3) To the extent service provided by other plementation of the plan shall be consistent paratransit service by CAA eligible individ- entities is included in the entity’s plan for with the terms of the plan, including any uals and a brief description of the demand es- comparable paratransit service, the entity specified phase-in period. timation methodology used; must certify that: (b) If the plan contains a request for a (2) An analysis of differences between the (i) CAA paratransit eligible individuals waiver based on undue financial burden, the paratransit service currently provided and have access to the service; what is required under this part by the enti- (ii) The service is provided in the manner entity shall begin implementation of its ty(ies) submitting the plan and other enti- represented; and plan, pending a determination on its waiver ties, as described in paragraph (c) of this sec- (iii) Efforts will be made to coordinate the request. tion; provision of paratransit service by other pro- § 37.145 [Reserved] (3) A brief description of planned modifica- viders. § 37.147 Considerations during General Counsel tions to existing paratransit and fixed route (i) a request for a waiver based on undue fi- review. service and the new paratransit service nancial burden, if applicable. The waiver re- In reviewing each plan, at a minimum the planned to comply with the CAA paratransit quest should include information sufficient General Counsel will consider the following: service criteria; for the General Counsel to consider the fac- (a) Whether the plan was filed on time; (4) A description of the planned com- tors in § 37.155 of this part. If a request for an (b) Comments submitted by the state, if parable paratransit service as it relates to undue financial burden waiver is made, the applicable; each of the service criteria described in plan must include a description of additional (c) Whether the plan contains responsive § 37.131 of this part—service area, absence of paratransit services that would be provided elements for each component required under restrictions or priorities based on trip pur- to achieve full compliance with the require- § 37.139 of this part; pose, response time, fares, hours and days of ment for comparable paratransit in the (d) Whether the plan, when viewed in its service, and lack of capacity constraints. If event the waiver is not granted, and the entirety, provides for paratransit service the paratransit plan is to be phased in, this timetable for the implementation of these comparable to the entity’s fixed route serv- paragraph shall be coordinated with the in- additional services. ice; formation being provided in paragraphs (d)(5) (j) Annual plan updates. (1) The annual plan (e) Whether the entity complied with the and (d)(6) of this paragraph; updates submitted June 1, 1999, and annually public participation efforts required by this (5) A timetable for implementing com- thereafter, shall include information nec- part; and parable paratransit service, with a specific essary to update the information require- (f) The extent to which efforts were made date indicating when the planned service ments of this section. Information submitted to coordinate with other public entities with will be completely operational. In no case annually must include all significant overlapping or contiguous service areas or may full implementation be completed later changes and revisions to the timetable for jurisdictions. than June 1, 2003. The plan shall include implementation; § 37.149 Disapproved plans. milestones for implementing phases of the (2) If the paratransit service is being (a) If a plan is disapproved in whole or in plan, with progress that can be objectively phased in over more than one year, the enti- part, the General Counsel will specify which measured yearly; ty must demonstrate that the milestones (6) A budget for comparable paratransit provisions are disapproved. Each entity shall identified in the current paratransit plans service, including capital and operating ex- amend its plan consistent with this informa- have been achieved. If the milestones have penditures over five years. tion and resubmit the plan to the General not been achieved, the plan must explain any (e) A description of the process used to cer- Counsel’s office within 90 days of receipt of slippage and what actions are being taken to tify individuals with disabilities as CAA the disapproval letter. compensate for the slippage. paratransit eligible. At a minimum, this (b) Each entity revising its plan shall con- (3) The annual plan must describe specifi- must include— tinue to comply with the public participa- cally the means used to comply with the (1) A description of the application and cer- tion requirements applicable to the initial public participation requirements, as de- tification process, including— development of the plan (set out in § 37.137 of scribed in § 37.137 of this part. (i) The availability of information about this part). § 37.141 Requirements for a joint paratransit the process and application materials in ac- § 37.151 Waiver for undue financial burden. cessible formats; plan. If compliance with the service criteria of (ii) The process for determining eligibility (a) Two or more public entities with over- § 37.131 of this part creates an undue finan- according to the provisions of §§ 37.123–37.125 lapping or contiguous service areas or juris- cial burden, an entity may request a waiver of this part and notifying individuals of the dictions may develop and submit a joint plan from all or some of the provisions if the enti- determination made; providing for coordinated paratransit serv- ty has complied with the public participa- (iii) The entity’s system and timetable for ice. Joint plans shall identify the partici- tion requirements in § 37.137 of this part and processing applications and allowing pre- pating entities and indicate their commit- if the following conditions apply: sumptive eligibility; and ment to participate in the plan. (iv) The documentation given to eligible (a) At the time of submission of the initial (b) To the maximum extent feasible, all individuals. plan on June 1, 1998— elements of the coordinated plan shall be (2) A description of the administrative ap- (1) The entity determines that it cannot submitted on June 1, 1998. If a coordinated peals process for individuals denied eligi- meet all of the service criteria by June 1, plan is not completed by June 1, 1998, those bility. 2003; or entities intending to coordinate paratransit (3) A policy for visitors, consistent with (2) The entity determines that it cannot service must submit a general statement de- § 37.127 of this part. make measured progress toward compliance claring their intention to provide coordi- (f) Description of the public participation in any year before full compliance is re- nated service and each element of the plan process including— quired. For purposes of this part, measured specified in § 37.139 to the extent practicable. (1) Notice given of opportunity for public progress means implementing milestones as In addition, the plan must include the fol- comment, the date(s) of completed public scheduled, such as incorporating an addi- lowing certifications from each entity in- hearing(s), availability of the plan in acces- tional paratransit service criterion or im- volved in the coordination effort: sible formats, outreach efforts, and consulta- proving an aspect of a specific service cri- (1) a certification that the entity is com- tion with persons with disabilities. terion. mitted to providing CAA paratransit service (2) A summary of significant issues raised (b) At the time of its annual plan update as part of a coordinated plan. during the public comment period, along submission, if the entity believes that cir- (2) a certification from each public entity with a response to significant comments and cumstances have changed since its last sub- participating in the plan that it will main- discussion of how the issues were resolved. mission, and it is no longer able to comply tain current levels of paratransit service (g) Efforts to coordinate service with other by June 1, 2003, or make measured progress until the coordinated plan goes into effect. entities subject to the complementary para- in any year before 2003, as described in para- (c) Entities submitting the above certifi- transit requirements of this part which have graph (a)(2) of this section. overlapping or contiguous service areas or cations and plan elements in lieu of a com- jurisdictions. pleted plan on June 1, 1998, must submit a § 37.153 General Counsel waiver determination. (h) The following endorsements or certifi- complete plan by December 1, 1998. (a) The General Counsel will determine cations: (d) Filing of an individual plan does not whether to grant a waiver for undue finan- (1) a resolution adopted by the entity au- preclude an entity from cooperating with cial burden on a case-by-case basis, after thorizing the plan, as submitted. If more other entities in the development or imple- considering the factors identified in § 37.155

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S53 of this part and the information accom- (10) Unique circumstances in the submit- entity may keep the vehicle in service with panying the request. If necessary, the Gen- ting entity’s area that affect the ability of an inoperable lift for no more than five days eral Counsel will return the application with the entity to provide paratransit, that mili- (if the entity serves an area of 50,000 or less a request for additional information. tate against the need to provide paratransit, population) or three days (if the entity (b) Any waiver granted will be for a limited or in some other respect create a cir- serves an area of over 50,000 population) from and specified period of time. cumstance considered exceptional by the the day on which the lift is discovered to be (c) If the General Counsel grants the appli- submitting entity. inoperative. cant a waiver, the General Counsel will do (b)(1) Costs attributable to complementary (f) In any case in which a vehicle is oper- one of the following: paratransit shall be limited to costs of pro- ating on a fixed route with an inoperative (1) Require the public entity to provide viding service specifically required by this lift, and the headway to the next accessible complementary paratransit to the extent it part to CAA paratransit eligible individuals, vehicle on the route exceeds 30 minutes, the can do so without incurring an undue finan- by entities responsible under this part for entity shall promptly provide alternative cial burden. The entity shall make changes providing such service. transportation to individuals with disabil- in its plan that the General Counsel deter- (2) If the entity determines that it is im- ities who are unable to use the vehicle be- mines are appropriate to maximize the com- practicable to distinguish between trips cause its lift does not work. plementary paratransit service that is pro- mandated by the CAA and other trips on a § 37.165 Lift and securement use. vided to CAA paratransit eligible individ- trip-by-trip basis, the entity shall attribute (a) This section applies to public and cov- uals. When making changes to its plan, the to CAA complementary paratransit require- ered entities. entity shall use the public participation ments a percentage of its overall paratransit (b) All common wheelchairs and their users process specified for plan development and costs. This percentage shall be determined shall be transported in the entity’s vehicles shall consider first a reduction in number of by a statistically valid methodology that de- or other conveyances. The entity is not re- trips provided to each CAA paratransit eligi- termines the percentage of trips that are re- quired to permit wheelchairs to ride in ble person per month, while attempting to quired by this part. The entity shall submit places other than designated securement lo- meet all other service criteria. information concerning its methodology and cations in the vehicle, where such locations (2) Require the pubic entity to provide the data on which its percentage is based exist. basic complementary paratransit services to with its request for a waiver. Only costs at- (c) (1) For vehicles complying with part 38 all CAA paratransit eligible individuals, tributable to CAA-mandated trips may be of these regulations, the entity shall use the even if doing so would cause the public enti- considered with respect to a request for an securement system to secure wheelchairs as ty to incur an undue financial burden. Basic undue financial burden waiver. provided in that part. (2) For other vehicles transporting individ- complementary paratransit service shall in- (3) Funds to which the entity would be le- uals who use wheelchairs, the entity shall clude at least complementary paratransit gally entitled, but which, as a matter of provide and use a securement system to en- service in corridors defined as provided in State or local funding arrangements, are sure that the wheelchair remains within the § 37.131(a) along the public entity’s key provided to another entity and used by that routes during core service hours. securement area. entity to provide paratransit service which (3) The entity may require that an indi- (i) For purposes of this section, key routes is part of a coordinated system of para- are defined as routes along which there is vidual permit his or her wheelchair to be se- transit meeting the requirements of this cured. service at least hourly throughout the day. part, may be counted in determining the bur- (ii) For purposes of this section, core serv- (d) The entity may not deny transpor- den associated with the waiver request. ice hours encompass at least peak periods, as tation to a wheelchair or its user on the these periods are defined locally for fixed Subpart G—Provision of Service ground that the device cannot be secured or route service, consistent with industry prac- § 37.161 Maintenance of accessible features: restrained satisfactorily by the vehicle’s se- tice. general. curement system. (e) The entity may recommend to a user of (3) If the General Counsel determines that (a) Public and covered entities providing the public entity will incur an undue finan- a wheelchair that the individual transfer to transportation services shall maintain in op- a vehicle seat. The entity may not require cial burden as the result of providing basic erative condition those features of facilities complementary paratransit service, such the individual to transfer. and vehicles that are required to make the (f) Where necessary or upon request, the that it is infeasible for the entity to provide vehicles and facilities readily accessible to entity’s personnel shall assist individuals basic complementary paratransit service, and usable by individuals with disabilities. with disabilities with the use of securement the Administrator shall require the public These features include, but are not limited systems, ramps and lifts. If it is necessary entity to coordinate with other available to, lifts and other means of access to vehi- for the personnel to leave their seats to pro- providers of demand responsive service in cles, securement devices, elevators, signage vide this assistance, they shall do so. the area served by the public entity to maxi- and systems to facilitate communications (g) The entity shall permit individuals mize the service to CAA paratransit eligible with persons with impaired vision or hear- with disabilities who do not use wheelchairs, individuals to the maximum extent feasible. ing. including standees, to use a vehicle’s lift or § 37.155 Factors in decision to grant an undue (b) Accessibility features shall be repaired ramp to enter the vehicle. Provided that an financial burden waiver. promptly if they are damaged or out of entity is not required to permit such individ- (a) In making an undue financial burden order. When an accessibility feature is out of uals to use a lift Model 141 manufactured by determination, the General Counsel will con- order, the entity shall take reasonable steps EEC, Inc. If the entity chooses not to allow sider the following factors: to accommodate individuals with disabilities such individuals to use such a lift, it shall (1) Effects on current fixed route service, who would otherwise use the feature. clearly notify consumers of this fact by sign- including reallocation of accessible fixed (c) This section does not prohibit isolated age on the exterior of the vehicle (adjacent route vehicles and potential reduction in or temporary interruptions in service or ac- to and of equivalent size with the accessi- service, measured by service miles; cess due to maintenance or repairs. bility symbol). (2) Average number of trips made by the § 37.163 Keeping vehicle lifts in operative con- § 37.167 Other service requirements. entity’s general population, on a per capita dition: public entities. (a) This section applies to public and cov- basis, compared with the average number of (a) This section applies only to public enti- ered entities. trips to be made by registered CAA para- (b) On fixed route systems, the entity shall transit eligible persons, on a per capita ties with respect to lifts in non-rail vehicles. (b) The entity shall establish a system of announce stops as follows: basis; (1) The entity shall announce at least at regular and frequent maintenance checks of (3) Reductions in other services, including transfer points with other fixed routes, other lifts sufficient to determine if they are oper- other special services; major intersections and destination points, ative. (4) Increases in fares; and intervals along a route sufficient to per- (c) The entity shall ensure that vehicle op- (5) Resources available to implement com- mit individuals with visual impairments or erators report to the entity, by the most im- plementary paratransit service over the pe- other disabilities to be oriented to their lo- riod covered by the plan; mediate means available, any failure of a lift cation. (6) Percentage of budget needed to imple- to operate in service. (2) The entity shall announce any stop on ment the plan, both as a percentage of oper- (d) Except as provided in paragraph (e) of request of an individual with a disability. ating budget and a percentage of entire this section, when a lift is discovered to be (c) Where vehicles or other conveyances for budget; inoperative, the entity shall take the vehicle more than one route serve the same stop, the (7) The current level of accessible service, out of service before the beginning of the ve- entity shall provide a means by which an in- both fixed route and paratransit; hicle’s next service day and ensure that the dividual with a visual impairment or other (8) Cooperation/coordination among area lift is repaired before the vehicle returns to disability can identify the proper vehicle to transportation providers; service. enter or be identified to the vehicle operator (9) Evidence of increased efficiencies, that (e) If there is no spare vehicle available to as a person seeking a ride on a particular have been or could be effectuated, that would take the place of a vehicle with an inoper- route. benefit the level and quality of available re- able lift, such that taking the vehicle out of (d) The entity shall permit service animals sources for complementary paratransit serv- service will reduce the transportation serv- to accompany individuals with disabilities in ice; and ice the entity is able to provide, the public vehicles and facilities.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S54 CONGRESSIONAL RECORD — SENATE January 7, 1997 (e) The entity shall ensure that vehicle op- vices, shall be permitted in the passenger llllllllllllllllllllllll erators and other personnel make use of ac- compartment. When the bus is at rest at a name of authorized official cessibility-related equipment or features re- stop, the driver or other personnel shall as- llllllllllllllllllllllll quired by part 38 of these regulations. sist individuals with disabilities with the title (f) The entity shall make available to indi- stowage and retrieval of mobility aids, as- llllllllllllllllllllllll viduals with disabilities adequate informa- sistive devices, or other items that can be date tion concerning transportation services. This accommodated in the passenger compart- Existing Paratransit Service Survey obligation includes making adequate com- ment of the bus. This is to certify that (name of public enti- munications capacity available, through ac- (d) Wheelchairs and other mobility aids or ty(ies)) has conducted a survey of existing cessible formats and technology, to enable assistive devices that cannot be accommo- paratransit services as required by section users to obtain information and schedule dated in the passenger compartment (includ- 37.137(a) of the CAA regulations. service. ing electric wheelchairs ) shall be accommo- llllllllllllllllllllllll (g) The entity shall not refuse to permit a dated in the baggage compartment of the signature passenger who uses a lift to disembark from bus, unless the size of the baggage compart- llllllllllllllllllllllll a vehicle at any designated stop, unless the ment prevents such accommodation. name of authorized official lift cannot be deployed, the lift will be dam- (e) At any given stop, individuals with dis- llllllllllllllllllllllll aged if it is deployed, or temporary condi- abilities shall have the opportunity to have title tions at the stop, not under the control of their wheelchairs or other mobility aids or llllllllllllllllllllllll the entity, preclude the safe use of the stop assistive devices stowed in the baggage com- date by all passengers. partment before other baggage or cargo is Included Service Certification (h) The entity shall not prohibit an indi- loaded, but baggage or cargo already on the vidual with a disability from traveling with bus does not have to be off-loaded in order to This is to certify that service provided by a respirator or portable oxygen supply, con- make room for such devices. other entities but included in the CAA para- sistent with applicable Department of Trans- (f) The entity may require up to 48 hours’ transit plan submitted by (name of submit- portation rules on the transportation of haz- advance notice only for providing boarding ting entity(ies)) meets the requirements of ardous materials. assistance. If the individual does not provide part 37, subpart F of the CAA regulations (i) The entity shall ensure that adequate such notice, the entity shall nonetheless pro- providing that CAA eligible individuals have time is provided to allow individuals with vide the service if it can do so by making a access to the service; the service is provided disabilities to complete boarding or dis- reasonable effort, without delaying the bus in the manner represented; and, that efforts embarking from the vehicle. service. will be made to coordinate the provision of (j)(1) When an individual with a disability paratransit service offered by other pro- § 37.171 Equivalency requirement for demand viders. enters a vehicle, and because of a disability, responsive service operated by covered enti- the individual needs to sit in a seat or oc- llllllllllllllllllllllll ties not primarily engaged in the business of signature cupy a wheelchair securement location, the transporting people. entity shall ask the following person to llllllllllllllllllllllll move in order to allow the individual with a A covered entity not primarily engaged in name of authorized official disability to occupy the seat or securement the business of transporting people which op- llllllllllllllllllllllll title location: erates a demand responsive system shall en- (i) Individuals, except other individuals sure that its system, when viewed in its en- llllllllllllllllllllllll date with a disability or elderly persons, sitting tirety, provides equivalent service to indi- in a location designated as priority seating viduals with disabilities, including individ- Joint Plan Certification I for elderly and handicapped persons (or other uals who use wheelchairs, as it does to indi- This is to certify that (name of entity cov- seat as necessary); viduals without disabilities. The standards of ered by joint plan) is committed to providing (ii) Individuals sitting in or a fold-down or § 37.105 shall be used to determine if the enti- CAA paratransit service as part of this co- other movable seat in a wheelchair secure- ty is providing equivalent service. ordinated plan and in conformance with the ment location. § 37.173 Training requirements of part 37, subpart F, of the (2) This requirement applies to light rail Each public or covered entity which oper- CAA regulations. and rapid rail systems only to the extent ates a fixed route or demand responsive sys- llllllllllllllllllllllll practicable. tem shall ensure that personnel are trained signature (3) The entity is not required to enforce to proficiency, as appropriate to their duties, llllllllllllllllllllllll the request that other passengers move from so that they operate vehicles and equipment name of authorized official priority seating areas or wheelchair secure- safely and properly assist and treat individ- llllllllllllllllllllllll ment locations. uals with disabilities who use the service in title (4) In all signage designating priority seat- a respectful and courteous way, with appro- llllllllllllllllllllllll ing areas for elderly persons or persons with priate attention to the differences among in- date disabilities, or designating wheelchair se- dividuals with disabilities. Joint Plan Certification II curement areas, the entity shall include lan- APPENDIX A TO PART 37—STANDARDS FOR This is to certify that (name of entity cov- guage informing persons siting in these loca- ACCESSIBLE TRANSPORTATION FACILITIES ered by joint plan) will, in accordance with tions that they should comply with requests section 37.141 of the CAA regulations, main- by transit provider personnel to vacate their [Copies of this appendix may be obtained from the Office of Compliance, Room LA 200, tain current levels of paratransit service seats to make room for an individual with a until the coordinated plan goes into effect. disability. This requirement applies to all John Adams Building, 110 Second Street, SE., Washington, DC 20540–1999.] llllllllllllllllllllllll fixed route vehicles when they are acquired signature by the entity or to new or replacement sign- APPENDIX B TO PART 37—CERTIFICATIONS llllllllllllllllllllllll age in the entity’s existing fixed route vehi- Certification of Equivalent Service name of authorized official cles. The (name of agency) certifies that its de- llllllllllllllllllllllll § 37.169 Interim requirements for over-the-road mand responsive service offered to individ- title bus service operated by covered entities. uals with disabilities, including individuals llllllllllllllllllllllll (a) Covered entities operating over-the- who use wheelchairs, is equivalent to the date road buses, in addition to compliance with level and quality of service offered to indi- PART 38—CONGRESSIONAL ACCOUNT- other applicable provisions of this part, shall viduals without disabilities. Such service, ABILITY ACT (CAA) ACCESSIBILITY provide accessible service as provided in this when viewed in its entirety, is provided in GUIDELINES FOR TRANSPORTATION section. the most integrated setting feasible and is VEHICLES (b) The covered entity shall provide assist- equivalent with respect to: Subpart A—General ance, as needed, to individuals with disabil- (1) Response time; Sec. ities in boarding and disembarking, includ- (2) Fares; 38.1 Purpose. ing moving to and from the bus seat for the (3) Geographic service area; 38.2 Equivalent facilitation. purpose of boarding and disembarking. The (4) Hours and days of service; 38.3 Definitions. covered entity shall ensure that personnel (5) Restrictions on trip purpose; 38.4 Miscellaneous instructions. are trained to provide this assistance safely (6) Availability of information and reserva- and appropriately. tion capability; and Subpart B—Buses, Vans and Systems (c) To the extent that they can be accom- (7) Constraints on capacity or service 38.21 General. modated in the areas of the passenger com- availability. 38.23 Mobility aid accessibility. partment provided for passengers’ personal This certification is valid for no longer 38.25 Doors, steps and thresholds. effects, wheelchairs or other mobility aids than one year from its date of filing. 38.27 Priority seating signs. and assistive devices used by individuals llllllllllllllllllllllll 38.29 Interior circulation, handrails and with disabilities, or components of such de- signature stanchions.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S55 38.31 Lighting. (2) If, or if ***then denotes a specifica- ing, lowering to ground level with a lift oc- 38.33 Fare box. tion that applies only when the conditions cupant, and raising and stowing the empty 38.35 Public information system. described are present. lift if the power to the lift fails. No emer- 38.37 Stop request. (3) May denotes an option or alternative. gency method, manual or otherwise, shall be 38.39 Destination and route signs. (4) Shall denotes a mandatory specification capable of being operated in a manner that Subpart C—Rapid Rail Vehicles and Systems or requirement. could be hazardous to the lift occupant or to (5) Should denotes an advisory specifica- 38.51 General. the operator when operated according to tion or recommendation and is used only in manufacturer’s instructions, and shall not 38.53 Doorways. the appendix to this part. 38.55 Priority seating signs. permit the platform to be stowed or folded Subpart B—Buses, Vans and Systems 38.57 Interior circulation, handrails and when occupied, unless the lift is a rotary lift stanchions. §38.21 General. and is intended to be stowed while occupied. 38.59 Floor surfaces. (a) New, used or remanufactured buses and (4) Power or equipment failure. Platforms 38.61 Public information system. vans (except over-the-road buses covered by stowed in a vertical position, and deployed 38.63 Between-car barriers. subpart G of this part), to be considered ac- platforms when occupied, shall have provi- sions to prevent their deploying, falling, or Subpart D—Light Rail Vehicles and Systems cessible by regulations issued by the Board of Directors of the Office of Compliance in folding any faster than 12 inches/second or 38.71 General. part 37 of these regulations, shall comply their dropping of an occupant in the event of 38.73 Doorways. with the applicable provisions of this sub- a single failure of any load carrying compo- 38.75 Priority seating signs. part. nent. 38.77 Interior circulation, handrails and (b) If portions of the vehicle are modified (5) Platform barriers. The lift platform shall stanchions. in a way that affects or could affect accessi- be equipped with barriers to prevent any of 38.79 Floors, steps and thresholds. bility, each such portion shall comply, to the the wheels of a wheelchair or mobility aid 38.81 Lighting. extent practicable, with the applicable provi- from rolling off the platform during its oper- 38.83 Mobility aid accessibility. sions of this subpart. This provision does not ation. A movable barrier or inherent design 38.85 Between-car barriers. require that inaccessible buses be retrofitted feature shall prevent a wheelchair or mobil- 38.87 Public information system. with lifts, ramps or other boarding devices. ity aid from rolling off the edge closest to 38.91–38.127—[Reserved] §38.23 Mobility aid accessibility. the vehicle until the platform is in its fully Subpart F Over-the-Road Buses and Systems raised position. Each side of the lift platform (a) General. All vehicles covered by this which extends beyond the vehicle in its 38.151 General. subpart shall provide a level-change mecha- raised position shall have a barrier a min- 38.153 Doors, steps and thresholds. nism or boarding device (e.g., lift or ramp) imum 11⁄2 inches high. Such barriers shall 38.155 Interior circulation, handrails and complying with paragraph (b) or (c) of this not interfere with maneuvering into or out stanchions. section and sufficient clearances to permit a of the aisle. The loading-edge barrier (outer 38.157 Lighting. wheelchair or other mobility aid user to barrier) which functions as a loading ramp 38.159 Mobility aid accessibility. [Reserved] reach a securement location. At least two se- when the lift is at ground level, shall be suf- Subpart G Other Vehicles and Systems curement locations and devices, complying ficient when raised or closed, or a supple- with paragraph (d) of this section, shall be 38.171 General. mentary system shall be provided, to prevent provided on vehicles in excess of 22 feet in 38.173 Automated guideway transit vehicles a power wheelchair or mobility aid from length; at least one securement location and and systems. riding over or defeating it. The outer barrier device, complying with paragraph (d) of this 38.175 [Reserved] of the lift shall automatically raise or close, section, shall be provided on vehicles 22 feet 38.177 [Reserved] or a supplementary system shall automati- 38.179 Trams, similar vehicles, and systems. in length or less. (b) Vehicle lift—(1) Design load. The design cally engage, and remain raised, closed, or Figures in Part 38 engaged at all times that the platform is Appendix to Part 38—Guidance Material load of the lift shall be at least 600 pounds. Working parts, such as cables, pulleys, and more than 3 inches above the roadway or Subpart A—General shafts, which can be expected to wear, and sidewalk and the platform is occupied. Alter- § 38.1 Purpose. upon which the lift depends for support of natively, a barrier or system may be raised, This part provides minimum guidelines the load, shall have a safety factor of at lowered, opened, closed, engaged, or dis- and requirements for accessibility standards least six, based on the ultimate strength of engaged by the lift operator, provided an in part 37 of these regulations for transpor- the material. Nonworking parts, such as interlock or inherent design feature prevents tation vehicles required to be accessible by platform, frame, and attachment hardware the lift from rising unless the barrier is section 210 of the Congressional Account- which would not be expected to wear, shall raised or closed or the supplementary system ability Act (2 U.S.C. 1331, et seq.) which, inter have a safety factor of at least three, based is engaged. alia, applies the rights and protections of the on the ultimate strength of the material. (6) Platform surface. The platform surface Americans with Disabilities Act (ADA) of (2) Controls—(i) Requirements. The controls shall be free of any protrusions over 1⁄4 inch 1990 (42 U.S.C. 12101 et seq.) to covered enti- shall be interlocked with the vehicle brakes, high and shall be slip resistant. The platform ties within the Legislative Branch. transmission, or door, or shall provide other shall have a minimum clear width of 281⁄2 § 38.2 Equivalent facilitation. appropriate mechanisms or systems, to en- inches at the platform, a minimum clear width of 30 inches measured from 2 inches Departures from particular technical and sure that the vehicle cannot be moved when above the platform surface to 30 inches above scoping requirements of these guidelines by the lift is not stowed and so the lift cannot the platform, and a minimum clear length of use of other designs and technologies are be deployed unless the interlocks or systems 48 inches measured from 2 inches above the permitted where the alternative designs and are engaged. The lift shall deploy to all lev- surface of the platform to 30 inches above technologies used will provide substantially els (i.e., ground, curb, and intermediate posi- the surface of the platform. (See Fig. 1) equivalent or greater access to and usability tions) normally encountered in the operating (7) Platform gaps. Any openings between the of the vehicle. Departures are to be consid- environment. Where provided, each control platform surface and the raised barriers shall ered on a case-by-case basis by the Office of for deploying, lowering, raising, and stowing not exceed 5⁄8 inch in width. When the plat- Compliance under the procedure set forth in the lift and lowering the roll-off barrier shall form is at vehicle floor height with the inner §37.7 of these regulations. be of a momentary contact type requiring continuous manual pressure by the operator barrier (if applicable) down or retracted, § 38.3 Definitions. and shall not allow improper lift sequencing gaps between the forward lift platform edge See § 37.3 of these regulations. when the lift platform is occupied. The con- and the vehicle floor shall not exceed 1⁄2 inch § 38.4 Miscellaneous instructions. trols shall allow reversal of the lift operation horizontally and 5⁄8 inch vertically. Plat- (a) Dimensional conventions. Dimensions sequence, such as raising or lowering a plat- forms on semi-automatic lifts may have a that are not noted as minimum or maximum form that is part way down, without allow- hand hold not exceeding 11⁄2 inches by 41⁄2 are absolute. ing an occupied platform to fold or retract inches located between the edge barriers. (b) Dimensional tolerances. All dimensions into the stowed position. (8) Platform entrance ramp. The entrance are subject to conventional engineering tol- (ii) Exception. Where the lift is designed to ramp, or loading-edge barrier used as a ramp, erances for material properties and field con- deploy with its long dimension parallel to shall not exceed a slope of 1:8, measured on ditions, including normal anticipated wear the vehicle axis and which pivots into or out level ground, for a maximum rise of 3 inches, not exceeding accepted industry-wide stand- of the vehicle while occupied (i.e., ‘‘rotary and the transition from roadway or sidewalk ards and practices. lift’’), the requirements of this paragraph to ramp may be vertical without edge treat- (c) Notes. The text of these guidelines does prohibiting the lift from being stowed while ment up to 1⁄4 inch. Thresholds between 1⁄4 not contain notes or footnotes. Additional occupied shall not apply if the stowed posi- inch and 1⁄2 inch high shall be beveled with a information, explanations, and advisory ma- tion is within the passenger compartment slope no greater than 1:2. terials are located in the Appendix. and the lift is intended to be stowed while (9) Platform deflection. The lift platform (d) General terminology. (1) Comply with occupied. (not including the entrance ramp) shall not means meet one or more specifications of (3) Emergency operation. The lift shall in- deflect more than 3 degrees (exclusive of ve- these guidelines. corporate an emergency method of deploy- hicle roll or pitch) in any direction between

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S56 CONGRESSIONAL RECORD — SENATE January 7, 1997 its unloaded position and its position when achieved. Folding or telescoping ramps are floor to a height of 56 inches from the vehicle loaded with 600 pounds applied through a 26 permitted provided they meet all structural floor with a width of 18 inches, laterally cen- inch by 26 inch test pallet at the centroid of requirements of this section. tered immediately in back of the seated indi- the platform. (6) Attachment. When in use for boarding or vidual. Such barriers need not be solid pro- (10) Platform movement. No part of the plat- alighting, the ramp shall be firmly attached vided equivalent protection is afforded. form shall move at a rate exceeding 6 inches/ to the vehicle so that it is not subject to dis- (5) Movement. When the wheelchair or mo- second during lowering and lifting an occu- placement when loading or unloading a bility aid is secured in accordance with man- pant, and shall not exceed 12 inches/second heavy power mobility aid and that no gap be- ufacturer’s instructions, the securement sys- during deploying or stowing. This require- tween vehicle and ramp exceeds 5⁄8 inch. tem shall limit the movement of an occupied ment does not apply to the deployment or (7) Stowage. A compartment, securement wheelchair or mobility aid to no more than stowage cycles of lifts that are manually de- system, or other appropriate method shall be 2 inches in any direction under normal vehi- ployed or stowed. The maximum platform provided to ensure that stowed ramps, in- cle operating conditions. horizontal and vertical acceleration when cluding portable ramps stowed in the pas- (6) Stowage. When not being used for se- occupied shall be 0.3g. senger area, do not impinge on a passenger’s curement, or when the securement area can (11) Boarding direction. The lift shall permit wheelchair or mobility aid or pose any haz- be used by standees, the securement system both inboard and outboard facing of wheel- ard to passengers in the event of a sudden shall not interfere with passenger move- chair and mobility aid users. stop or maneuver. ment, shall not present any hazardous condi- (12) Use by standees. Lifts shall accommo- (8) Handrails. If provided, handrails shall tion, shall be reasonably protected from van- date persons using walkers, crutches, canes allow persons with disabilities to grasp them dalism, and shall be readily accessed when or braces or who otherwise have difficulty from outside the vehicle while starting to needed for use. using steps. The platform may be marked to board, and to continue to use them through- (7) Seat belt and shoulder harness. For each indicate a preferred standing position. out the boarding process, and shall have the wheelchair or mobility aid securement de- (13) Handrails. Platforms on lifts shall be top between 30 inches and 38 inches above vice provided, a passenger seat belt and equipped with handrails on two sides, which the ramp surface. The handrails shall be ca- shoulder harness, complying with all appli- move in tandem with the lift, and which pable of withstanding a force of 100 pounds cable provisions of part 571 of title 49 CFR, shall be graspable and provide support to concentrated at any point on the handrail shall also be provided for use by wheelchair standees throughout the entire lift oper- without permanent deformation of the rail or mobility aid users. Such seat belts and ation. Handrails shall have a usable compo- or its supporting structure. The handrail shoulder harnesses shall not be used in lieu nent at least 8 inches long with the lowest shall have a cross-sectional diameter be- of a device which secures the wheelchair or portion a minimum 30 inches above the plat- tween 11⁄4 inches and 11⁄2 inches or shall pro- mobility aid itself. form and the highest portion a maximum 38 vide an equivalent grasping surface, and § 38.25 Doors, steps and thresholds. inches above the platform. The handrails have eased edges with corner radii of not less shall be capable of withstanding a force of than 1⁄8 inch. Handrails shall not interfere (a) Slip resistance. All aisles, steps, floor 100 pounds concentrated at any point on the with wheelchair or mobility aid maneuver- areas where people walk and floors in secure- handrail without permanent deformation of ability when entering or leaving the vehicle. ment locations shall have slip-resistant sur- the rail or its supporting structure. The (d) Securement devices—(1) Design load. Se- faces. handrail shall have a cross-sectional diame- curement systems on vehicles with GVWRs (b) Contrast. All step edges, thresholds, and the boarding edge of ramps or lift platforms ter between 11⁄4 inches and 11⁄2 inches or shall of 30,000 pounds or above, and their attach- provide an equivalent grasping surface, and ments to such vehicles, shall restrain a force shall have a band of color(s) running the full have eased edges with corner radii of not less in the forward longitudinal direction of up to width of the step or edge which contrasts from the step tread and riser, or lift or ramp than 1⁄8 inch. Handrails shall be placed to 2,000 pounds per securement leg or clamping surface, either light-on-dark or dark-on- provide a minimum 11⁄2 inches knuckle clear- mechanism and a minimum of 4,000 pounds ance from the nearest adjacent surface. for each mobility aid. Securement systems light. Handrails shall not interfere with wheelchair on vehicles with GVWRs of up to 30,000 (c) Door height. For vehicles in excess of 22 or mobility aid maneuverability when enter- pounds, and their attachments to such vehi- feet in length, the overhead clearance be- ing or leaving the vehicle. cles, shall restrain a force in the forward lon- tween the top of the door opening and the (c) Vehicle ramp—(1) Design load. Ramps 30 gitudinal direction of up to 2,500 pounds per raised lift platform, or highest point of a inches or longer shall support a load of 600 securement leg or clamping mechanism and ramp, shall be a minimum of 68 inches. For pounds, placed at the centroid of the ramp a minimum of 5,000 pounds for each mobility vehicles of 22 feet in length or less, the over- distributed over an area of 26 inches by 26 aid. head clearance between the top of the door inches, with a safety factor of at least 3 (2) Location and size. The securement sys- opening and the raised lift platform, or high- based on the ultimate strength of the mate- tem shall be placed as near to the accessible est point of a ramp, shall be a minimum of rial. Ramps shorter than 30 inches shall sup- entrance as practicable and shall have a 56 inches. port a load of 300 pounds. clear floor area of 30 inches by 48 inches. § 38.27 Priority seating signs. (2) Ramp surface. The ramp surface shall be Such space shall adjoin, and may overlap, an (a) Each vehicle shall contain sign(s) which continuous and slip resistant; shall not have access path. Not more than 6 inches of the indicate that seats in the front of the vehicle 1 protrusions from the surface greater than ⁄4 required clear floor space may be accommo- are priority seats for persons with disabil- inch high; shall have a clear width of 30 dated for footrests under another seat pro- ities, and that other passengers should make inches; and shall accommodate both four- vided there is a minimum of 9 inches from such seats available to those who wish to use wheel and three-wheel mobility aids. the floor to the lowest part of the seat over- them. At least one set of forward-facing (3) Ramp threshold. The transition from hanging the space. Securement areas may seats shall be so designated. roadway or sidewalk and the transition from have fold-down seats to accommodate other (b) Each securement location shall have a vehicle floor to the ramp may be vertical passengers when a wheelchair or mobility sign designating it as such. 1 without edge treatment up to ⁄4 inch. aid is not occupying the area, provided the (c) Characters on signs required by para- 1 1 Changes in level between ⁄4 inch and ⁄2 inch seats, when folded up, do not obstruct the graphs (a) and (b) of this section shall have shall be beveled with a slope no greater than clear floor space required. (See Fig. 2) a width-to-height ratio between 3:5 and 1:1 (3) The secure- 1:2. Mobility aids accommodated. and a stroke width-to-height ratio between (4) Ramp barriers. Each side of the ramp ment system shall secure common wheel- 1:5 and 1:10, with a minimum character shall have barriers at least 2 inches high to chairs and mobility aids and shall either be height (using an upper case ‘‘X’’) of 5⁄8 inch, prevent mobility aid wheels from slipping automatic or easily attached by a person fa- with ‘‘wide’’ spacing (generally, the space be- off. miliar with the system and mobility aid and tween letters shall be 1/16 the height of upper (5) Slope. Ramps shall have the least slope having average dexterity. case letters), and shall contrast with the practicable and shall not exceed 1:4 when de- (4) Orientation. In vehicles in excess of 22 background either light-on-dark or dark-on- ployed to ground level. If the height of the feet in length, at least one securement de- light. vehicle floor from which the ramp is de- vice or system required by paragraph (a) of ployed is 3 inches or less above a 6-inch curb, this section shall secure the wheelchair or § 38.29 Interior circulation, handrails and stan- a maximum slope of 1:4 is permitted; if the mobility aid facing toward the front of the chions. height of the vehicle floor from which the vehicle. In vehicles 22 feet in length or less, (a) Interior handrails and stanchions shall ramp is deployed is 6 inches or less, but the required securement device may secure permit sufficient turning and maneuvering greater than 3 inches, above a 6-inch curb, a the wheelchair or mobility aid either facing space for wheelchairs and other mobility maximum slope of 1:6 is permitted; if the toward the front of the vehicle or rearward. aids to reach a securement location from the height of the vehicle floor from which the Additional securement devices or systems lift or ramp. ramp is deployed is 9 inches or less, but shall secure the wheelchair or mobility aid (b) Handrails and stanchions shall be pro- greater than 6 inches, above a 6-inch curb, a facing forward or rearward. Where the wheel- vided in the entrance to the vehicle in a con- maximum slope of 1:8 is permitted; if the chair or mobility aid is secured facing the figuration which allows persons with disabil- height of the vehicle floor from which the rear of the vehicle, a padded barrier shall be ities to grasp such assists from outside the ramp is deployed is greater than 9 inches provided. The padded barrier shall extend vehicle while starting to board, and to con- above a 6-inch curb, a slope of 1:12 shall be from a height of 38 inches from the vehicle tinue using such assists throughout the

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S57 boarding and fare collection process. Hand- excess of 22 feet in length shall provide con- (d) Coordination with boarding platform—(1) rails shall have a cross-sectional diameter trols adjacent to the securement location for Requirements. Where new vehicles will oper- between 11⁄4 inches and 11⁄2 inches or shall requesting stops and which alerts the driver ate in new stations, the design of vehicles provide an equivalent grasping surface, and that a mobility aid user wishes to dis- shall be coordinated with the boarding plat- have eased edges with corner radii of not less embark. Such a system shall provide audi- form design such that the horizontal gap be- than 1⁄8 inch. Handrails shall be placed to tory and visual indications that the request tween each vehicle door at rest and the plat- provide a minimum 11⁄2 inches knuckle clear- has been made. form shall be no greater than 3 inches and ance from the nearest adjacent surface. (b) Controls required by paragraph (a) of the height of the vehicle floor shall be within Where on-board fare collection devices are this section shall be mounted no higher than plus or minus 5⁄8 inch of the platform height used on vehicles in excess of 22 feet in 48 inches and no lower than 15 inches above under all normal passenger load conditions. length, a horizontal passenger assist shall be the floor, shall be operable with one hand Vertical alignment may be accomplished by located across the front of the vehicle and and shall not require tight grasping, pinch- vehicle air suspension or other suitable shall prevent passengers from sustaining in- ing, or twisting of the wrist. The force re- means of meeting the requirement. juries on the fare collection device or wind- quired to activate controls shall be no great- (2) Exception. New vehicles operating in ex- shield in the event of a sudden deceleration. er than 5 lbf (22.2 N). isting stations may have a floor height with- Without restricting the vestibule space, the § 38.39 Destination and route signs in plus or minus 11⁄2 inches of the platform assist shall provide support for a boarding (a) Where destination or route information height. At key stations, the horizontal gap passenger from the front door through the is displayed on the exterior of a vehicle, each between at least one door of each such vehi- boarding procedure. Passengers shall be able vehicle shall have illuminated signs on the cle and the platform shall be no greater than to lean against the assist for security while front and boarding side of the vehicle. 3 inches. paying fares. (b) Characters on signs required by para- (3) Exception. Retrofitted vehicles shall be (c) For vehicles in excess of 22 feet in graph (a) of this section shall have a width- coordinated with the platform in new and length, overhead handrail(s) shall be pro- to-height ratio between 3:5 and 1:1 and a key stations such that the horizontal gap vided which shall be continuous except for a stroke width-to-height ratio between 1:5 and shall be no greater than 4 inches and the gap at the rear doorway. 1:10, with a minimum character height height of the vehicle floor, under 50% pas- (d) Handrails and stanchions shall be suffi- (using an upper case ‘‘X’’) of 1 inch for signs senger load, shall be within plus or minus 2 cient to permit safe boarding, on-board cir- on the boarding side and a minimum char- inches of the platform height. culation, seating and standing assistance, acter height of 2 inches for front § 38.55 Priority seating signs and alighting by persons with disabilities. (e) For vehicles in excess of 22 feet in ‘‘headsigns’’, with ‘‘wide’’ spacing (generally, (a) Each vehicle shall contain sign(s) which 1 length with front-door lifts or ramps, the space between letters shall be ⁄16 the indicate that certain seats are priority seats vertical stanchions immediately behind the height of upper case letters), and shall con- for persons with disabilities, and that other driver shall either terminate at the lower trast with the background, either dark-on- passengers should make such seats available edge of the aisle-facing seats, if applicable, light or light-on-dark. to those who wish to use them. or be ‘‘dog-legged’’ so that the floor attach- Subpart C—Rapid Rail Vehicles and Systems (b) Characters on signs required by para- ment does not impede or interfere with § 38.51 General graph (a) of this section shall have a width- wheelchair footrests. If the driver seat plat- (a) New, used and remanufactured rapid to-height ratio between 3:5 and 1:1 and a form must be passed by a wheelchair or mo- rail vehicles, to be considered accessible by stroke width-to-height ratio between 1:5 and bility aid user entering the vehicle, the plat- regulations in part 37 of these regulations, 1:10, with a minimum character height 5 form, to the maximum extent practicable, shall comply with this subpart. (using an upper case ‘‘X’’) of ⁄8 inch, with shall not extend into the aisle or vestibule (b) If portions of the vehicle are modified ‘‘wide’’ spacing (generally, the space between beyond the wheel housing. in a way that affects or could affect accessi- letters shall be 1⁄16 the height of upper case (f) For vehicles in excess of 22 feet in bility, each such portion shall comply, to the letters), and shall contrast with the back- length, the minimum interior height along extent practicable, with the applicable provi- ground, either light-on-dark or dark-on- the path from the lift to the securement lo- sions of this subpart. This provision does not light. cation shall be 68 inches. For vehicles of 22 require that inaccessible vehicles be retro- § 38.57 Interior circulation, handrails and stan- feet in length or less, the minimum interior fitted with lifts, ramps or other boarding de- chions. height from lift to securement location shall vices. (a) Handrails and stanchions shall be pro- be 56 inches. (c) Existing vehicles which are retrofitted vided to assist safe boarding, on-board cir- § 38.31 Lighting. to comply with the ‘‘one-car-per-train rule’’ culation, seating and standing assistance, (a) Any stepwell or doorway immediately of § 37.93 of these regulations shall comply and alighting by persons with disabilities. adjacent to the driver shall have, when the with §§ 38.55, 38.57(b), 38.59 of this part and (b) Handrails, stanchions, and seats shall door is open, at least 2 foot-candles of illu- shall have, in new and key stations, at least allow a route at least 32 inches wide so that mination measured on the step tread or lift one door complying with §§ 38.53(a)(1), (b) and at least two wheelchair or mobility aid users platform. (d) of this part. Removal of seats is not re- can enter the vehicle and position the wheel- (b) Other stepwells and doorways, includ- quired. Vehicles previously designed and chairs or mobility aids in areas, each having ing doorways in which lifts or ramps are in- manufactured in accordance with the acces- a minimum clear space of 48 inches by 30 stalled, shall have, at all times, at least 2 sibility requirements of part 609 of title 49 inches, which do not unduly restrict move- foot-candles of illumination measured on the CFR or the Secretary of Transportation reg- ment of other passengers. Space to accom- step tread, or lift or ramp, when deployed at ulations implementing section 504 of the Re- modate wheelchairs and mobility aids may the vehicle floor level. habilitation Act of 1973 that were in effect be provided within the normal area used by (c) The vehicle doorways, including door- before October 7, 1991 and which can be en- standees and designation of specific spaces is ways in which lifts or ramps are installed, tered and used from stations in which they not required. Particular attention shall be shall have outside light(s) which, when the are to be operated, may be used to satisfy given to ensuring maximum maneuverability door is open, provide at least 1 foot-candle of the requirements of §37.93 of these regula- immediately inside doors. Ample vertical illumination on the street surface for a dis- tions. stanchions from ceiling to seat-back rails tance of 3 feet perpendicular to all points on § 38.53 Doorways shall be provided. Vertical stanchions from the bottom step tread outer edge. Such (a) Clear width. (1) Passenger doorways on ceiling to floor shall not interfere with light(s) shall be located below window level vehicle sides shall have clear openings at wheelchair or mobility aid user circulation and shielded to protect the eyes of entering least 32 inches wide when open. and shall be kept to a minimum in the vicin- and exiting passengers. (2) If doorways connecting adjoining cars ity of doors. § 38.33 Fare box. in a multi-car train are provided, and if such (c) The diameter or width of the gripping Where provided, the farebox shall be lo- doorway is connected by an aisle with a min- surface of handrails and stanchions shall be cated as far forward as practicable and shall imum clear width of 30 inches to one or more 11⁄4 inches to 11⁄2 inches or provide an equiva- not obstruct traffic in the vestibule, espe- spaces where wheelchair or mobility aid lent gripping surface and shall provide a cially wheelchairs or mobility aids. users can be accommodated, then such door- minimum 11⁄2 inches knuckle clearance from § 38.35 Public information system. way shall have a minimum clear opening of the nearest adjacent surface. 30 inches to permit wheelchair and mobility § 38.59 Floor surfaces. (a) Vehicles in excess of 22 feet in length, aid users to be evacuated to an adjoining ve- used in multiple-stop, fixed-route service, Floor surfaces on aisles, places for stand- hicle in an emergency. ees, and areas where wheelchair and mobility shall be equipped with a public address sys- (b) Signage. The International Symbol of aid users are to be accommodated shall be tem permitting the driver, or recorded or Accessibility shall be displayed on the exte- slip-resistant. digitized human speech messages, to an- rior of accessible vehicles operating on an nounce stops and provide other passenger in- accessible rapid rail system unless all vehi- § 38.61 Public information system. formation within the vehicle. cles are accessible and are not marked by the (a)(1) Requirements. Each vehicle shall be (b) [Reserved] access symbol. (See Fig. 6) equipped with a public address system per- § 38.37 Stop request. (c) Signals. Auditory and visual warning mitting transportation system personnel, or (a) Where passengers may board or alight signals shall be provided to alert passengers recorded or digitized human speech mes- at multiple stops at their option, vehicles in of closing doors. sages, to announce stations and provide

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The International Symbol of located between boarding passengers and the ating in stations having more than one line Accessibility shall be displayed on the exte- fare collection device and shall prevent pas- or route shall have an external public ad- rior of each vehicle operating on an acces- sengers from sustaining injuries on the fare dress system to permit transportation sys- sible light rail system unless all vehicles are collection device or windshield in the event tem personnel, or recorded or digitized accessible and are not marked by the access of a sudden deceleration. Without restricting human speech messages, to announce train, symbol. (See Fig. 6) the vestibule space, the assist shall provide route, or line identification information. (c) Signals. Auditory and visual warning support for a boarding passenger from the (2) Exception. Where station announcement signals shall be provided to alert passengers door through the boarding procedure. Pas- systems provide information on arriving of closing doors. sengers shall be able to lean against the as- trains, an external train speaker is not re- (d) Coordination with boarding platform—(1) sist for security while paying fares. quired. Requirements. The design of level-entry vehi- (c) At all doors on level-entry vehicles, and (b) [Reserved] cles shall be coordinated with the boarding at each entrance accessible by lift, ramp, § 38.63 Between-car barriers. platform or mini-high platform design so bridge plate or other suitable means, hand- that the horizontal gap between a vehicle at (a) Requirement. Suitable devices or sys- rails, stanchions, passenger seats, vehicle rest and the platform shall be no greater tems shall be provided to prevent, deter or driver seat platforms, and fare boxes, if ap- than 3 inches and the height of the vehicle warn individuals from inadvertently step- plicable, shall be located so as to allow a floor shall be within plus or minus 5⁄8 inch of ping off the platform between cars. Accept- route at least 32 inches wide so that at least the platform height. Vertical alignment may able solutions include, but are not limited two wheelchair or mobility aid users can be accomplished by vehicle air suspension, to, pantograph gates, chains, motion detec- enter the vehicle and position the wheel- automatic ramps or lifts, or any combina- tors or similar devices. chairs or mobility aids in areas, each having tion. (b) Exception. Between-car barriers are not a minimum clear space of 48 inches by 30 (2) Exception. New vehicles operating in ex- inches, which do not unduly restrict move- required where platform screens are provided isting stations may have a floor height with- which close off the platform edge and open ment of other passengers. Space to accom- in plus or minus 11⁄2 inches of the platform modate wheelchairs and mobility aids may only when trains are correctly aligned with height. At key stations, the horizontal gap the doors. be provided within the normal area used by between at least one door of each such vehi- standees and designation of specific spaces is Subpart D—Light Rail Vehicles and Systems cle and the platform shall be no greater than not required. Particular attention shall be § 38.71 General. 3 inches. given to ensuring maximum maneuverability (a) New, used and remanufactured light (3) Exception. Retrofitted vehicles shall be immediately inside doors. Ample vertical rail vehicles, to be considered accessible by coordinated with the platform in new and stanchions from ceiling to seat-back rails regulations in part 37 of these regulations, key stations such that the horizontal gap shall be provided. Vertical stanchions from shall comply with this subpart. shall be no greater than 4 inches and the ceiling to floor shall not interfere with (b)(1) Vehicles intended to be operated height of the vehicle floor, under 50% pas- wheelchair or mobility aid circulation and solely in light rail systems confined entirely senger load, shall be within plus or minus 2 shall be kept to a minimum in the vicinity of to a dedicated right-of-way, and for which all inches of the platform height. accessible doors. (4) Exception. Where it is not operationally stations or stops are designed and con- § 38.79 Floors, steps and thresholds. structed for revenue service after the effec- or structurally practicable to meet the hori- (a) Floor surfaces on aisles, step treads, tive date of standards for design and con- zontal or vertical requirements of para- places for standees, and areas where wheel- struction § 37.21 and § 37.23 of these regula- graphs (d)(1), (2) or (3) of this section, plat- chair and mobility aid users are to be accom- tions, shall provide level boarding and shall form or vehicle devices complying with modated shall be slip-resistant. comply with § 38.73(d)(1) and § 38.85 of this §38.83(b) or platform or vehicle mounted (b) All thresholds and step edges shall have part. ramps or bridge plates complying with a band of color(s) running the full width of (2) Vehicles designed for, and operated on, §38.83(c) shall be provided. the step or threshold which contrasts from pedestrian malls, city streets, or other areas § 38.75 Priority seating signs. the step tread and riser or adjacent floor, ei- where level boarding is not practicable shall (a) Each vehicle shall contain sign(s) which ther light-on-dark or dark-on-light. provide wayside or car-borne lifts, mini-high indicate that certain seats are priority seats platforms, or other means of access in com- for persons with disabilities, and that other § 38.81 Lighting. pliance with § 38.83(b) or (c) of this part. passengers should make such seats available (a) Any stepwell or doorway with a lift, (c) If portions of the vehicle are modified to those who wish to use them. ramp or bridge plate immediately adjacent in a way that affects or could affect accessi- (b) Where designated wheelchair or mobil- to the driver shall have, when the door is bility, each such portion shall comply, to the ity aid seating locations are provided, signs open, at least 2 footcandles of illumination extent practicable, with the applicable provi- shall indicate the location and advise other measured on the step tread or lift platform. sions of this subpart. This provision does not passengers of the need to permit wheelchair (b) Other stepwells, and doorways with require that inaccessible vehicles be retro- and mobility aid users to occupy them. lifts, ramps or bridge plates, shall have, at fitted with lifts, ramps or other boarding de- (c) Characters on signs required by para- all times, at least 2 footcandles of illumina- vices. graphs (a) or (b) of this section shall have a tion measured on the step tread or lift or (d) Existing vehicles retrofitted to comply width-to-height ratio between 3:5 and 1:1 and ramp, when deployed at the vehicle floor with the ‘‘one-car-per-train rule’’ at § 37.93 of a stroke width-to-height ratio between 1:5 level. these regulations shall comply with § 38.75, and 1:10, with a minimum character height (c) The doorways of vehicles not operating § 38.77(c), § 38.79(a) and § 38.83(a) of this part (using an upper case ‘‘X’’) of 5⁄8 inch, with at lighted station platforms shall have out- and shall have, in new and key stations, at ‘‘wide’’ spacing (generally, the space between side lights which provide at least 1 foot can- least one door which complies with letters shall be 1/16 the height of upper case dle of illumination on the station platform §§ 38.73(a)(1), (b) and (d). Vehicles previously letters), and shall contrast with the back- or street surface for a distance of 3 feet per- designed and manufactured in accordance ground, either light-on-dark or dark-on- pendicular to all points on the bottom step with the accessibility requirements of 49 light. tread. Such lights shall be located below CFR part 609 or the Secretary of Transpor- § 38.77 Interior circulation, handrails and stan- window level and shielded to protect the eyes tation regulations implementing section 504 chions. of entering and exiting passengers. of the Rehabilitation Act of 1973 that were in (a) Handrails and stanchions shall be suffi- § 38.83 Mobility aid accessibility. effect before October 7, 1991 and which can be cient to permit safe boarding, on-board cir- (a)(1) General. All new light rail vehicles, entered and used from stations in which they culation, seating and standing assistance, other than level entry vehicles, covered by are to be operated, may be used to satisfy and alighting by persons with disabilities. this subpart shall provide a level-change the requirements of § 37.93 of these regula- (b) At entrances equipped with steps, hand- mechanism or boarding device (e.g., lift, tions. rails and stanchions shall be provided in the ramp or bridge plate) complying with either § 38.73 Doorways. entrance to the vehicle in a configuration paragraph (b) or (c) of this section and suffi- (a) Clear width. (1) All passenger doorways which allows passengers to grasp such assists cient clearances to permit at least two on vehicle sides shall have minimum clear from outside the vehicle while starting to wheelchair or mobility aid users to reach openings of 32 inches when open. board, and to continue using such handrails areas, each with a minimum clear floor (2) If doorways connecting adjoining cars or stanchions throughout the boarding proc- space of 48 inches by 30 inches, which do not in a multi-car train are provided, and if such ess. Handrails shall have a cross-sectional di- unduly restrict passenger flow. Space to ac- doorway is connected by an aisle with a min- ameter between 11⁄4 inches and 11⁄2 inches or commodate wheelchairs and mobility aids imum clear width of 30 inches to one or more shall provide an equivalent grasping surface, may be provided within the normal area used spaces where wheelchair or mobility aid and have eased edges with corner radii of not by standees and designation of specific users can be accommodated, then such door- less than 1⁄8 inch. Handrails shall be placed to spaces is not required. way shall have a minimum clear opening of provide a minimum 11⁄2 inches knuckle clear- (2) Exception. If lifts, ramps or bridge plates 30 inches to permit wheelchair and mobility ance from the nearest adjacent surface. meeting the requirements of this section are

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S59 provided on station platforms or other stops (5) Platform barriers. The lift platform shall (13) Handrails. Platforms on lifts shall be required to be accessible, or mini-high plat- be equipped with barriers to prevent any of equipped with handrails, on two sides, which forms complying with § 38.73(d) of this part the wheels of a wheelchair or mobility aid move in tandem with the lift which shall be are provided, the vehicle is not required to from rolling off the lift during its operation. graspable and provide support to standees be equipped with a car-borne device. Where A movable barrier or inherent design feature throughout the entire lift operation. Hand- each new vehicle is compatible with a single shall prevent a wheelchair or mobility aid rails shall have a usable component at least platform-mounted access system or device, from rolling off the edge closest to the vehi- 8 inches long with the lowest portion a min- additional systems or devices are not re- cle until the lift is in its fully raised posi- imum 30 inches above the platform and the quired for each vehicle provided that the sin- tion. Each side of the lift platform which ex- highest portion a maximum 38 inches above gle device could be used to provide access to tends beyond the vehicle in its raised posi- the platform. The handrails shall be capable each new vehicle if passengers using wheel- tion shall have a barrier a minimum 11⁄2 of withstanding a force of 100 pounds con- chairs or mobility aids could not be accom- inches high. Such barriers shall not interfere centrated at any point on the handrail with- modated on a single vehicle. with maneuvering into or out of the aisle. out permanent deformation of the rail or its (b) Vehicle lift—(1) Design load. The design The loading-edge barrier (outer barrier) supporting structure. Handrails shall have a load of the lift shall be at least 600 pounds. which functions as a loading ramp when the cross-sectional diameter between 11⁄4 inches Working parts, such as cables, pulleys, and lift is at ground level, shall be sufficient and 11⁄2 inches or shall provide an equivalent shafts, which can be expected to wear, and when raised or closed, or a supplementary grasping surface, and have eased edges with upon which the lift depends for support of system shall be provided, to prevent a power corner radii of not less than 1⁄8 inch. Hand- the load, shall have a safety factor of at wheelchair or mobility aid from riding over rails shall be placed to provide a minimum least six, based on the ultimate strength of or defeating it. The outer barrier of the lift 11⁄2 inches knuckle clearance from the near- the material. Nonworking parts, such as shall automatically rise or close, or a supple- est adjacent surface. Handrails shall not platform, frame, and attachment hardware mentary system shall automatically engage, interfere with wheelchair or mobility aid which would not be expected to wear, shall and remain raised, closed, or engaged at all maneuverability when entering or leaving have a safety factor of at least three, based times that the lift is more than 3 inches the vehicle. on the ultimate strength of the material. above the station platform or roadway and (c) Vehicle ramp or bridge plate (1) Design (2) Controls—(i) Requirements. The controls the lift is occupied. Alternatively, a barrier load. Ramps or bridge plates 30 inches or shall be interlocked with the vehicle brakes, or system may be raised, lowered, opened, longer shall support a load of 600 pounds, propulsion system, or door, or shall provide closed, engaged or disengaged by the lift op- placed at the centroid of the ramp or bridge other appropriate mechanisms or systems, to erator provided an interlock or inherent de- plate distributed over an area of 26 inches by ensure that the vehicle cannot be moved sign feature prevents the lift from rising un- 26 inches, with a safety factor of at least 3 when the lift is not stowed and so the lift less the barrier is raised or closed or the sup- based on the ultimate strength of the mate- cannot be deployed unless the interlocks or plementary system is engaged. rial. Ramps or bridge plates shorter than 30 systems are engaged. The lift shall deploy to (6) Platform surface. The lift platform sur- inches shall support a load of 300 pounds. all levels (i.e., ground, curb, and inter- 1 face shall be free of any protrusions over ⁄4 (2) Ramp surface. The ramp or bridge plate mediate positions) normally encountered in inch high and shall be slip resistant. The lift surface shall be continuous and slip resist- the operating environment. Where provided, platform shall have a minimum clear width ant, shall not have protrusions from the sur- each control for deploying, lowering, raising, of 281⁄2 inches at the platform, a minimum face greater than 1⁄4 inch, shall have a clear and stowing the lift and lowering the roll-off clear width of 30 inches measured from 2 width of 30 inches, and shall accommodate barrier shall be of a momentary contact type inches above the lift platform surface to 30 both four-wheel and three-wheel mobility requiring continuous manual pressure by the inches above the surface, and a minimum aids. operator and shall not allow improper lift se- clear length of 48 inches measured from 2 (3) Ramp threshold. The transition from quencing when the lift platform is occupied. inches above the surface of the platform to roadway or station platform and the transi- The controls shall allow reversal of the lift 30 inches above the surface. (See Fig. 1) tion from vehicle floor to the ramp or bridge operation sequence, such as raising or low- (7) Platform gaps. Any openings between the plate may be vertical without edge treat- ering a platform that is part way down, with- lift platform surface and the raised barriers ment up to 1⁄4 inch. Changes in level between out allowing an occupied platform to fold or shall not exceed 5⁄8 inch wide. When the lift 1⁄4 inch and 1⁄2 inch shall be beveled with a retract into the stowed position. is at vehicle floor height with the inner bar- (ii) Exception. Where physical or safety slope no greater than 1:2. rier (if applicable) down or retracted, gaps (4) Ramp barriers. Each side of the ramp or constraints prevent the deployment at some between the forward lift platform edge and bridge plate shall have barriers at least 2 stops of a lift having its long dimension per- 1 vehicle floor shall not exceed ⁄2 inch hori- inches high to prevent mobility aid wheels pendicular to the vehicle axis, the transpor- zontally and 5⁄8 inch vertically. Platforms on tation entity may specify a lift which is de- from slipping off. semi-automatic lifts may have a hand hold (5) Slope. Ramps or bridge plates shall have signed to deploy with its long dimension par- 1 1 not exceeding 1 ⁄2 inches by 4 ⁄2 inches located the least slope practicable. If the height of allel to the vehicle axis and which pivots between the edge barriers. the vehicle floor, under 50% passenger load, into or out of the vehicle while occupied (i.e., (8) Platform entrance ramp. The entrance from which the ramp is deployed is 3 inches ‘‘rotary lift’’). The requirements of para- ramp, or loading-edge barrier used as a ramp, or less above the station platform a max- graph (b)(2)(i) of this section prohibiting the shall not exceed a slope of 1:8 measured on imum slope of 1:4 is permitted; if the height lift from being stowed while occupied shall level ground, for a maximum rise of 3 inches, of the vehicle floor, under 50% passenger not apply to a lift design of this type if the and the transition from the station platform load, from which the ramp is deployed is 6 stowed position is within the passenger com- or roadway to ramp may be vertical without inches or less, but more than 3 inches, above partment and the lift is intended to be edge treatment up to 1⁄4 inch. Thresholds be- the station platform a maximum slope of 1:6 stowed while occupied. tween 1⁄4 inch and 1⁄2 inch high shall be bev- is permitted; if the height of the vehicle (iii) Exception. The brake or propulsion sys- eled with a slope no greater than 1:2. tem interlocks requirement does not apply (9) Platform deflection. The lift platform floor, under 50% passenger load, from which to a station platform mounted lift provided (not including the entrance ramp) shall not the ramp is deployed is 9 inches or less, but that a mechanical, electrical or other sys- deflect more than 3 degrees (exclusive of ve- more than 6 inches, above the station plat- tem operates to ensure that vehicles do not hicle roll) in any direction between its un- form a maximum slope of 1:8 is permitted; if move when the lift is in use. loaded position and its position when loaded the height of the vehicle floor, under 50% (3) Emergency operation. The lift shall in- with 600 pounds applied through a 26 inch by passenger load, from which the ramp is de- corporate an emergency method of deploy- 26 inch test pallet at the centroid of the lift ployed is greater than 9 inches above the sta- ing, lowering to ground level with a lift oc- platform. tion platform a slope of 1:12 shall be cupant, and raising and stowing the empty (10) Platform movement. No part of the plat- achieved. Folding or telescoping ramps are lift if the power to the lift fails. No emer- form shall move at a rate exceeding 6 inches/ permitted provided they meet all structural gency method, manual or otherwise, shall be second during lowering and lifting an occu- requirements of this section. capable of being operated in a manner that pant, and shall not exceed 12 inches/second (6) Attachment. (i) Requirement. When in use could be hazardous to the lift occupant or to during deploying or stowing. This require- for boarding or alighting, the ramp or bridge the operator when operated according to ment does not apply to the deployment or plate shall be attached to the vehicle, or oth- manufacturer’s instructions, and shall not stowage cycles of lifts that are manually de- erwise prevented from moving such that it is permit the platform to be stowed or folded ployed or stowed. The maximum platform not subject to displacement when loading or when occupied, unless the lift is a rotary lift horizontal and vertical acceleration when unloading a heavy power mobility aid and intended to be stowed while occupied. occupied shall be 0.3g. that any gaps between vehicle and ramp or (4) Power or equipment failure. Lift plat- (11) Boarding direction. The lift shall permit bridge plate, and station platform and ramp forms stowed in a vertical position, and de- both inboard and outboard facing of wheel- or bridge plate, shall not exceed 5⁄8 inch. ployed platforms when occupied, shall have chairs and mobility aids. (ii) Exception. Ramps or bridge plates provisions to prevent their deploying, fall- (12) Use by standees. Lifts shall accommo- which are attached to, and deployed from, ing, or folding any faster than 12 inches/sec- date persons using walkers, crutches, canes station platforms are permitted in lieu of ve- ond or their dropping of an occupant in the or braces or who otherwise have difficulty hicle devices provided they meet the dis- event of a single failure of any load carrying using steps. The lift may be marked to indi- placement requirements of paragraph component. cate a preferred standing position. (c)(6)(i) of this section.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S60 CONGRESSIONAL RECORD — SENATE January 7, 1997 (7) Stowage. A compartment, securement collection devices are used, a horizontal pas- covered under this paragraph rather than system, or other appropriate method shall be senger assist shall be located between board- under paragraph (a) of this subsection. provided to ensure that stowed ramps or ing passengers and the fare collection device § 38.175 [Reserved] bridge plates, including portable ramps or and shall prevent passengers from sustaining § 38.177 [Reserved] bridge plates stowed in the passenger area, injuries on the fare collection device or § 38.179 Trams, similar vehicles and systems. do not impinge on a passenger’s wheelchair windshield in the event of a sudden decelera- (a) New and used trams consisting of a or mobility aid or pose any hazard to pas- tion. Without restricting the vestibule space, tractor unit, with or without passenger ac- sengers in the event of a sudden stop. the assist shall provide support for a board- commodations, and one or more passenger (8) Handrails. If provided, handrails shall ing passenger from the door through the trailer units, including but not limited to ve- allow persons with disabilities to grasp them boarding procedure. Passengers shall be able hicles providing shuttle service to remote from outside the vehicle while starting to to lean against the assist for security while parking areas, between hotels and other pub- board, and to continue to use them through- paying fares. lic accommodations, and between and within out the boarding process, and shall have the (b) Where provided within passenger com- amusement parks and other recreation top between 30 inches and 38 inches above partments, handrails or stanchions shall be areas, shall comply with this section. For the ramp surface. The handrails shall be ca- sufficient to permit safe on-board circula- purposes of determining applicability of pable of withstanding a force of 100 pounds tion, seating and standing assistance, and §§ 37.101 or 37.105 of these regulations, the ca- concentrated at any point on the handrail alighting by persons with disabilities. pacity of such a vehicle or ‘‘train’’ shall con- without permanent deformation of the rail § 38.157 Lighting. sist of the total combined seating capacity of or its supporting structure. The handrail (a) Any stepwell or doorway immediately all units, plus the driver, prior to any modi- shall have a cross-sectional diameter be- adjacent to the driver shall have, when the fication for accessibility. 1 1 (b) Each tractor unit which accommodates tween 1 ⁄4 inches and 1 ⁄2 inches or shall pro- door is open, at least 2 foot-candles of illu- passengers and each trailer unit shall com- vide an equivalent grasping surface, and mination measured on the step tread. ply with § 38.25 and § 38.29 of this part. In ad- have eased edges with corner radii of not less (b) The vehicle doorway shall have outside 1 dition, each such unit shall comply with than ⁄8 inch. Handrails shall not interfere light(s) which, when the door is open, pro- §§ 38.23(b) or (c) and shall provide at least one with wheelchair or mobility aid maneuver- vide at least 1 foot-candle of illumination on space for wheelchair or mobility aid users ability when entering or leaving the vehicle. the street surface for a distance of 3 feet per- complying with § 38.23(d) of this part unless § 38.85 Between-car barriers pendicular to all points on the bottom step the complete operating unit consisting of tread outer edge. Such light(s) shall be lo- Where vehicles operate in a high-platform, tractor and one or more trailers can already cated below window level and shielded to level-boarding mode, devices or systems accommodate at least two wheelchair or mo- protect the eyes of entering and exiting pas- shall be provided to prevent, deter or warn bility aid users. individuals from inadvertently stepping off sengers. Figures in Part 38—[Copies of these figures may the platform between cars. Appropriate de- § 38.159 Mobility aid accessibility. [Reserved] be obtained from the Office of Compliance, vices include, but are not limited to, panto- Subpart G—Other Vehicles and Systems Room LA 200, John Adams Building, 110 graph gates, chains, motion detectors or § 38.171 General. Second Street, S.E., Washington, D.C. other suitable devices. (a) New, used and remanufactured vehicles 20540-1999.] § 38.87 Public information system. and conveyances for systems not covered by APPENDIX TO PART 38 —GUIDANCE MATERIAL (a) Each vehicle shall be equipped with an other subparts of this part, to be considered This appendix contains materials of an ad- interior public address system permitting accessible by regulations in part 37 of these visory nature and provides additional infor- transportation system personnel, or recorded regulations, shall comply with this subpart. mation that should help the reader to under- or digitized human speech messages, to an- (b) If portions of the vehicle or conveyance stand the minimum requirements of the nounce stations and provide other passenger are modified in a way that affects or could guidelines or to design vehicles for greater information. Alternative systems or devices affect accessibility, each such portion shall accessibility. Each entry is applicable to all which provide equivalent access are also per- comply, to the extent practicable, with the subparts of this part except where noted. mitted. applicable provisions of this subpart. This Nothing in this appendix shall in any way (b) [Reserved]. provision does not require that inaccessible obviate any obligation to comply with the 38.91–38.127 [Reserved] vehicles be retrofitted with lifts, ramps or requirements of the guidelines themselves. Subpart F—Over-the-Road Buses and other boarding devices. I. Slip Resistant Surfaces Aisles, Steps, Floor Systems § 38.173 Automated guideway transit vehicles Area Where People Walk, Floor Areas in Se- § 38.151 General. and systems. curement Locations, Lift Platforms, Ramps (a) New, used and remanufactured over- (a) Automated Guideway Transit (AGT) ve- Slip resistance is based on the frictional the-road buses, to be considered accessible hicles and systems, sometimes called ‘‘peo- force necessary to keep a shoe heel or crutch by regulations in part 37 of these regula- ple movers,’’ operated in airports and other tip from slipping on a walking surface under tions, shall comply with this subpart. areas where AGT vehicles travel at slow conditions likely to be found on the surface. (b) Over-the-road buses covered by § 37.7(c) speed (i.e., at a speed of no more than 20 While the dynamic coefficient of friction of these regulations shall comply with § 38.23 miles per hour at any location on their route during walking varies in a complex and non- and this subpart. during normal operation), shall comply with uniform way, the static coefficient of fric- § 38.153 Doors, steps and thresholds. the provisions of § 38.53(a) through (c), and tion, which can be measured in several ways, §§ 38.55 through 38.61 of this part for rapid provides a close approximation of the slip re- (a) Floor surfaces on aisles, step treads and rail vehicles and systems. sistance of a surface. Contrary to popular be- areas where wheelchair and mobility aid (b) Where the vehicle covered by paragraph lief, some slippage is necessary to walking, users are to be accommodated shall be slip- (a) of this section will operate in an acces- especially for persons with restricted gaits; a resistant. sible station, the design of vehicles shall be (b) All step edges shall have a band of truly ‘‘non-slip’’ surface could not be nego- coordinated with the boarding platform de- color(s) running the full width of the step tiated. sign such that the horizontal gap between a The Occupational Safety and Health Ad- which contrasts from the step tread and vehicle door at rest and the platform shall be ministration recommends that walking sur- riser, either dark-on-light or light-on-dark. no greater than 1 inch and the height of the faces have a static coefficient of friction of (c) To the maximum extent practicable, vehicle floor shall be within plus or minus 1⁄2 0.5. A research project sponsored by the Ar- doors shall have a minimum clear width inch of the platform height under all normal chitectural and Transportation Barriers when open of 30 inches, but in no case less passenger load conditions. Vertical align- Compliance Board (Access Board) conducted than 27 inches. ment may be accomplished by vehicle air tests with persons with disabilities and con- § 38.155 Interior circulation, handrails and suspension or other suitable means of meet- cluded that a higher coefficient of friction stanchions. ing the requirement. was needed by such persons. A static coeffi- (a) Handrails and stanchions shall be pro- (c) In stations where open platforms are cient of friction of 0.6 is recommended for vided in the entrance to the vehicle in a con- not protected by platform screens, a suitable steps, floors, and lift platforms and 0.8 for figuration which allows passengers to grasp device or system shall be provided to pre- ramps. such assists from outside the vehicle while vent, deter or warn individuals from stepping The coefficient of friction varies consider- starting to board, and to continue using such off the platform between cars. Acceptable de- ably due to the presence of contaminants, handrails or stanchions throughout the vices include, but are not limited to, panto- water, floor finishes, and other factors not boarding process. Handrails shall have a graph gates, chains, motion detectors or under the control of transit providers and cross-sectional diameter between 11⁄4 inches other appropriate devices. may be difficult to measure. Nevertheless, and 11⁄2 inches or shall provide an equivalent (d) Light rail and rapid rail AGT vehicles many common materials suitable for floor- grasping surface, and have eased edges with and systems shall comply with subparts D ing are now labeled with information on the corner radii of not less than 1⁄8 inch. Hand- and C of this part, respectively. AGT sys- static coefficient of friction. While it may rails shall be placed to provide a minimum tems whose vehicles travel at a speed of not be possible to compare one product di- 11⁄2 inches knuckle clearance from the near- more than 20 miles per hour at any location rectly with another, or to guarantee a con- est adjacent surface. Where on-board fare on their route during normal operation are stant measure, transit operators or vehicle

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S61 designers and manufacturers are encouraged V. Public Information Systems. neering design that anticipates feedback to specify materials with appropriate values. There is currently no requirement that ve- sources in the surrounding area. As more products include information on slip hicles be equipped with an information sys- The Architectural and Transportation Bar- resistance, improved uniformity in measure- tem which is capable of providing the same riers Compliance Board (Access Board) has ment and specification is likely. The Access or equivalent information to persons with published a pamphlet on Assistive Listening Board’s advisory guidelines on Slip Resistant hearing loss. While the Department of Trans- Systems which lists demonstration centers Surfaces provides additional information on portation assesses available and soon-to-be across the country where technical assist- this subject. available technology during a study con- ance can be obtained in selecting and install- II. Color Contrast—Step Edges, Lift Platform ducted during Fiscal Year 1992, entities are ing appropriate systems. The state of New Edges encouraged to employ whatever services, York has also adopted a detailed technical The material used to provide contrast signage or alternative systems or devices specification which may be useful. should contrast by at least 70%. Contrast in that provide equivalent access and are avail- f percent is determined by: able. Two possible types of devices are visual NOTICE OF ADOPTION OF REGULA- Contrast = [(B1—B2)/B1] x 100 display systems and listening systems. How- ever, it should be noted that while visual dis- TION AND SUBMISSION FOR AP- Where B1 = light reflectance value (LRV) of PROVAL the lighter area and B2 = light reflec- play systems accommodate persons who are tance value (LRV) of the darker area. deaf or are hearing impaired, assistive lis- Mr. THURMOND. Mr. President, pur- Note that in any application both white tening systems aid only those with a partial suant to section 304(b) of the Congres- and black are never absolute; thus, B1 never loss of hearing. sional Accountability Act of 1995 (2 A. Visual Display Systems. Announcements equals 100 and B2 is always greater than 0. U.S.C. sec. 1384(b)), a notice of adoption may be provided in a visual format by the III. Handrails and Stanchions of regulation and submission for ap- In addition to the requirements for hand- use of electronic message boards or video monitors. proval was submitted by the Office of rails and stanchions for rapid, light, and Compliance, U.S. Congress. The notice commuter rail vehicles, consideration should Electronic message boards using a light be given to the proximity of handrails or emitting diode (LED) or ‘‘flip-dot’’ display contains final regulations related to stanchions to the area in which wheelchair are currently provided in some transit sta- provisions of the Occupational Safety or mobility aid users may position them- tions and terminals and may be usable in ve- and Health Act of 1970 (Regulations selves. When identifying the clear floor space hicles. These devices may be used to provide under section 215 of the Congressional where a wheelchair or mobility aid user can real time or pre-programmed messages; how- Accountability Act of 1995.) be accommodated, it is suggested that at ever, real time message displays require the The Congressional Accountability availability of an employee for keyboard least one such area be adjacent or in close Act requires this notice be printed in proximity to a handrail or stanchion. Of entry of the information to be announced. course, such a handrail or stanchion cannot Video monitor systems, such as visual pag- the CONGRESSIONAL RECORD, therefore I encroach upon the required 32 inch width re- ing systems provided in some airports (e.g., ask unanimous consent that the notice quired for the doorway or the route leading Baltimore-Washington International Air- be printed in the RECORD. to the clear floor space which must be at port), are another alternative. The Architec- There being no objection, the notice least 30 by 48 inches in size. tural and Transportation Barriers Compli- was ordered to be printed in the IV. Priority Seating Signs and Other Signage ance Board (Access Board) can provide tech- RECORD, as follows: nical assistance and information on these A. Finish and Contrast. The characters and OFFICE OF COMPLIANCE—THE CONGRESSIONAL systems (‘‘Airport TDD Access: Two Case background of signs should be eggshell, ACCOUNTABILITY ACT OF 1995: EXTENSION OF Studies,’’ (1990)). matte, or other non-glare finish. An eggshell RIGHTS AND PROTECTIONS UNDER THE OCCU- B. Assistive Listening Systems. Assistive lis- finish (11 to 19 degree gloss on 60 degree PATIONAL SAFETY AND HEALTH ACT OF 1970 glossimeter) is recommended. Characters tening systems (ALS) are intended to aug- ment standard public address and audio sys- NOTICE OF ADOPTION OF REGULATION AND and symbols should contrast with their SUBMISSION FOR APPROVAL background either light characters on a dark tems by providing signals which can be re- ceived directly by persons with special re- Summary: The Board of Directors, Office of background or dark characters on a light Compliance, after considering comments to background. Research indicates that signs ceivers or their own hearing aids and which eliminate or filter background noise. Mag- its Notice of Proposed Rulemaking published are more legible for persons with low vision September 19, 1996, in the Congressional when characters contrast with their back- netic induction loops, infra-red and radio fre- quency systems are types of listening sys- Record, has adopted, and is submitting for ground by at least 70 percent. Contrast in approval by the Congress, final regulations percent is determined by: tems which are appropriate for various appli- cations. implementing section 215 of the Congres- Contrast = [(B1—B2)/B1] x 100 An assistive listening system appropriate sional Accountability Act of 1995 (‘‘CAA’’). Where B1 = light reflectance value (LRV) of for transit vehicles, where a group of persons For Further Information Contact: Executive the lighter area and B2 = light reflec- or where the specific individuals are not Director, Office of Compliance, Room LA 200, tance value (LRV) of the darker area. known in advance, may be different from the Library of Congress, Washington, D.C. 20540– Note that in any application both white system appropriate for a particular indi- 1999. Telephone: (202) 724–9250. TDD: (202) 426– and black are never absolute; thus, B never 1 vidual provided as an auxiliary aid or as part 1912. equals 100 and B2 is always greater than 0. SUPPLEMENTARY INFORMATION The greatest readability is usually of a reasonable accommodation. The appro- Background and Summary achieved through the use of light-colored priate device for an individual is the type characters or symbols on a dark background. that individual can use, whereas the appro- The Congressional Accountability Act of B. Destination and Route Signs. The fol- priate system for a station or vehicle will 1995 (‘‘CAA’’), P.L. 104–1, was enacted into lowing specifications, which are required for necessarily be geared toward the ’’average’’ law on January 23, 1995. 2 U.S.C. §§ 1301 et seq. buses (§ 38.39), are recommended for other or aggregate needs of various individuals. In general, the CAA applies the rights and types of vehicles, particularly light rail vehi- Earphone jacks with variable volume con- protections of eleven federal labor and em- cles, where appropriate. trols can benefit only people who have slight ployment statutes to covered employees and 1. Where destination or route information hearing loss and do not help people who use employing offices within the legislative is displayed on the exterior of a vehicle, each hearing aids. At the present time, magnetic branch. Section 215(a) provides that each em- vehicle should have illuminated signs on the induction loops are the most feasible type of ploying office and each covered employee front and boarding side of the vehicle. listening system for people who use hearing shall comply with the provisions of section 5 2. Characters on signs covered by para- aids equipped with ‘‘T-coils’’, but people of the Occupational Safety and Health Act of graph IV.B.1 of this appendix should have a without hearing aids or those with hearing 1970, 29 U.S.C. § 654 (‘‘OSHAct’’). 2 U.S.C. width-to-height ratio between 3:5 and 1:1 and aids not equipped with inductive pick-ups § 1341(a). a stroke width-to-height ratio between 1:5 cannot use them without special receivers. Section 215(d) of the CAA requires the and 1:10, with a minimum character height Radio frequency systems can be extremely Board of Directors of the Office of Compli- (using an upper case ‘‘X’’) of 1 inch for signs effective and inexpensive. People without ance established under the CAA to issue reg- on the boarding side and a minimum char- hearing aids can use them, but people with ulations implementing the section. 2 U.S.C. acter height of 2 inches for front hearing aids need a special receiver to use § 1341(d). Section 215(d) further states that ‘‘headsigns,’’ with ‘‘wide’’ spacing (generally, them as they are presently designed. If hear- such regulations ‘‘shall be the same as sub- the space between letters shall be 1/16 the ing aids had a jack to allow a by-pass of stantive regulations promulgated by the Sec- height of upper case letters), and should con- microphones, then radio frequency systems retary of Labor to implement the statutory trast with the background, either dark-on- would be suitable for people with and with- provisions referred to in subsection (a) ex- light or light-on-dark, or as recommended out hearing aids. Some listening systems cept to the extent that the Board may deter- above. may be subject to interference from other mine, for good cause shown and stated to- C. Designation of Accessible Vehicles. The equipment and feedback from hearing aids of gether with the regulation, that a modifica- International Symbol of Accessibility should people who are using the systems. Such in- tion of such regulations would be more effec- be displayed as shown in Figure 6. terference can be controlled by careful engi- tive for the implementation of the rights and

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S62 CONGRESSIONAL RECORD — SENATE January 7, 1997 protections under this section.’’ Id. Section Moreover, no commenter claimed an inabil- ered by the Office regarding these issues. 215(d) further provides that the regulations ity in this rulemaking proceeding to ade- Among other things, the General Counsel ‘‘shall include a method of identifying, for quately present its views through written has conducted an inspection of all facilities purposes of this section and for different cat- submissions. Indeed, the only specific re- within the Legislative Branch for compli- egories of violations of subsection (a), the quest for an extension of the comment period ance with health and safety standards under employing office responsible for correction came from this particular commenter, who sections 215 and disability access standards of a particular violation.’’ Id. requested an extension of only one day, under section 210, utilizing as guidelines On September 19, 1996, the Board published which was granted. No request for further standards that were in a form virtually iden- in the Congressional Record a Notice of Pro- time was sought by the commenter or by any tical to the regulations which the Board has posed Rulemaking (‘‘NPR’’) (142 Cong. Rec. other person or organization. Finally, a re- proposed. The General Counsel also sent de- S11019 (daily ed., Sept. 19, 1996)). In response view of the comments received tends to rein- tailed inspection questionnaires to each to the NPR, the Board received four written force the Board’s view that an extended com- Member of the House of Representatives and comments, two of which were from offices ment period, hearings, and/or other addi- to each Member of the Senate regarding within the Legislative Branch and two of tional forms of rulemaking proceedings compliance with health and safety and dis- which were from labor organizations. After would only result in the addition to the ability access standards in District and full consideration of the comments received record of information which would at most Home State offices. The General Counsel’s in response to the proposed regulations, the duplicate or corroborate the written com- reports regarding compliance issues under Board has adopted and is submitting these ments without providing further insight into sections 210 and 215 of the CAA were sub- regulations for approval by the Congress pur- or elucidation of the issues involved. mitted June 28, 1996 and detailed the applica- suant to section 304(c) of the CAA. 2. Failure to issue an Advance Notice of Pro- tion of safety and health and disability regu- I. Summary of Comments and Board’s Final posed Rulemaking.—Although not expressly lations to conditions within the legislative Rules provided for in the Administrative Procedure branch. Copies of those reports were deliv- Act (‘‘APA’’), an advance notice of proposed ered in July 1996 to each Senator and Rep- A. Request for additional rulemaking rulemaking (‘‘ANPR’’) is sometimes used by proceedings resentative, to each committee of Congress, administrative agencies to seek information and to representatives of every other em- One commenter requested that the Board from the public to assist in framing a notice withdraw its proposed regulations and en- ploying office in the Legislative Branch, in- of proposed rulemaking and to narrow the cluding the commenter. No comments were gage in what it terms ‘‘investigative rule- issues during the public comment period on making,’’ a process that apparently is to in- received from anyone concerning the appro- the proposed rules ultimately developed. See, priateness of applying any such regulations clude discussions with involved parties re- e.g., 52 Fed. Reg. 38,794 (1987) (preliminary to Legislative Branch offices, and the com- garding the nature and scope of the regula- notice for Medicare anti-kickback regula- tions. This commenter expressed the concern menter has not provided any here. tions). Thus, in prior rulemakings, the Board Where, as here, an ANPR would not likely that affected parties had not been suffi- has sometimes used ANPRs to obtain views result in receipt of additional useful infor- ciently involved in the rulemaking process regarding interpretation of statutory provi- mation to develop a proposed rule, there is and have been discouraged from providing sions in the CAA that had not previously also the concern that its use might be viewed meaningful comments. Specifically, the com- been interpreted by the Board and to obtain as evidence of procrastination in the face of menter objected to the following actions of general information regarding conditions an obligation to proceed quickly with impor- the Board: (1) providing a comment period of within the Legislative Branch that may bear tant rulemaking activity. Cf. United Steel- no more than 30 days; (2) issuing a notice of on rulemaking questions. See, e.g., 141 Cong. workers of America v. Pendergrass, 819 F.2d proposed rulemaking without first issuing an Rec. S14542 (daily ed. Sept. 28, 1995) (ANPR 1263, 1268 (3d Cir. 1987) (challenge to OSHA’s advance notice of proposed rulemaking; (3) seeking information regarding, inter alia, the failure to issue revised rule on hazard com- issuing proposed regulations under section standard for determining whether and to munication in response to court remand; 215 concurrently with proposed regulations what extent regulations under the CAA court was extremely critical of OSHA having under section 210 and shortly before the Con- should be modified for ‘‘good cause;’’ wheth- published an ANPR to supplement original gress had adjourned sine die; (4) stating in er regulations imposing notice posting and record); Administrative Conference of the the NPR that nomenclature and other tech- recordkeeping requirements are included United States Recommendation No. 87-10, nical changes were made to the adopted reg- within the CAA; whether certain regulations ‘‘Regulation by the Occupational Safety and ulations, but not specifically cataloguing constituted ‘‘substantive regulations;’’ and Health Administration,’’ published at 1 each of those changes in the summary of the whether the concept of ‘‘joint employer sta- C.F.R. § 305.87-10, T 3(e) (1989) (recommending proposed rules; and (5) not providing a record tus’’ is applicable under the CAA). From that agency should not routinely use ANPR’s of consultations between the Office and rep- these prior rulemaking proceedings, the as an information-gathering technique and resentatives of the Department of Labor in Board has developed a body of interpreta- that they should be used only when informa- the NPR. tions of the CAA upon which it has drawn in tion not otherwise available to the agency The Board has considered each of the above developing the proposed rules in this rule- ‘‘is likely to be forthcoming’’ in response to concerns and, after careful evaluation of making. the ANPR). This is particularly true where, them, has determined that further rule- In contrast to those earlier rulemaking as here, the Office of Compliance, through making proceedings, with their concomitant proceedings, here no ANPR was necessary or the General Counsel, has already gathered a costs and delay, are not warranted in this appropriate. Both the Board and its statu- considerable body of experience and informa- context. tory appointees have now had over a year’s tion regarding the conditions of operations 1. The request for an extended comment period experience in addressing regulatory issues and facilities within the Legislative Branch and for ‘‘investigatory’’ rulemaking.—The rule- governing the Legislative Branch and have and how the regulations proposed by the making procedure employed by the Board in collected a body of institutional knowledge Board would likely affect those operations this context is substantially similar to that and experience that makes the open-ended and facilities. Nothing has been offered by employed by the Board with respect to every information gathering techniques such as an any commenter to suggest a new area of in- other regulation promulgated thus far under ANPR less needed. Indeed, the rulemaking quiry or information which was not consid- the CAA; and it complies with the required experience under the CAA over the last year ered by the Board in the NPR that might af- procedures under section 304 of the CAA. has shown that ANPRs have become less use- fect the Board’s decision regarding any of Specifically, section 304(b) generally requires ful over time. For example, although the the regulatory matters contained in the the Board to issue a notice of proposed rule- Board received twelve separate responses to NPR. In the absence of any such showing, ad- making and to provide a comment period of the first ANPR that it issued in September ditional rulemaking proceedings are neither at least 30 days. The Board has done so. Nor of 1995, the most recent ANPR issued by the required nor desirable. is there any reason to believe that a signifi- Board, regarding rulemaking under section 3. The timing of the notice of proposed rule- cant extension of the comment period be- 220(e), elicited only 2 comments directed to making.—The commenter’s argument regard- yond 30 days or a resort to alternative forms section 220(e), neither of which addressed the ing the timing of the issuance of the regula- of rulemaking would result in a different precise questions posed by the Board in that tions also does not require additional rule- rulemaking comment record, either quali- ANPR. See 142 Cong. Rec. S5552 (daily ed. making proceedings. tatively or quantitatively: The Board’s rule- May 23, 1996) (NPR regarding section 220(e)). Despite the commenter’s suggestion to the making record includes an extensive report And, in this context, there is no reason to be- contrary, there is nothing unusual or un- from its General Counsel—a report which lieve that further comments beyond those precedented about the Board issuing simul- itself was prepared on the basis of an exten- received in response to the NPR would have taneously two notices of proposed rule- sive investigation by the General Counsel been received had an ANPR been issued. making implementing two separate sections and with the invited participation of all em- More to the point, there is no reason to be- of the CAA. For example, on November 28, ploying offices. In addition, the General lieve that procedures other than the tradi- 1995, the Board issued concurrent notices of Counsel met with representatives of a num- tional notice-and-comment procedures out- proposed rulemaking to implement the ber of employing offices prior to the inspec- lined in section 304 of the CAA would develop rights and protections of five major sections tions, including the Architect of the Capitol, any further useful information in the con- of the CAA: sections 202 (Family and Medical concerning the appropriate standards to be text of rulemaking under section 215 espe- Leave Act), 203 (Fair Labor Standards Act), applied to Legislative Branch facilities. cially given the information already gath- 204 (Employee Polygraph Protection Act),

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S63 and 205 (Worker Adjustment Retraining and generally described the nature of proposed C. Regulations that the Board proposes not Notification Act). See, e.g., 141 Cong. Rec. technical and nomenclature changes and has to adopt S17627-S17652, S17603-27, S17656-64, S17652-56 made clear that such changes are not in- 1. Rules of procedure for variances, procedure (daily ed., Nov. 28, 1995). The volume of regu- tended to effect a significant or substantive regarding inspections, citations, and notices.— lations covered by those five notices (and the change in the nature of the regulations The Board proposed not to adopt as regula- collective complexity and diversity of the adopted. Moreover, the complete text of the tions under section 215(d) provisions of the legal and interpretative rulemaking issues proposed regulations, including technical Secretary’s regulations that did not con- involved in promulgating those five sets of and nomenclature changes, has been made stitute health and safety standards and/or proposed regulations) was significantly available for review as part of the NPR. It is were not promulgated to implement the pro- greater than the proposed regulations at the responsibility of commenters to review visions of section 5 of the OSHAct. 142 Cong. issue here and those proposed under section and comment on these matters; while the Rec. at S11020. In doing so, the Board noted 210. The commenter has not shown that Board desires reasonably to assist this proc- that, with respect to those regulations that there is anything about the nature and ex- ess, it cannot do the commenters’ work; and dealt with procedures of the Office, the Exec- tent of the regulations in the current rule- there is absolutely no reason to delay rule- utive Director might, where appropriate, de- making proceedings that has impeded the making on this basis. cide to propose comparable provisions pursu- ability of any commenter to provide useful 5. Record of comments and public meetings.— ant to a rulemaking undertaken in accord- and comprehensive comments. Finally, the Board rejects the suggestion ance with section 303 of the CAA. Similarly, the timing of the issuance of that it publish a summary of the discussions All four commenters took issue with the proposed regulations here was not only ap- that have occurred between the Office and Board’s decision. Two commenters argued propriate, but it also was necessary. Sections representatives of the Secretary of Labor that, because sections 8, 9 and 10 of the 210 and 215 of the CAA become effective on and other agencies. Those discussions have OSHAct (which include provisions governing January 1, 1997, a date which was set by the not been with members of the Board; and the variances and the procedure for inspections, CAA , not by the Board. The proposed regula- public record is solely for matters presented citations, and penalties) are referenced in tions were developed and issued as soon as to the Board by outside persons. General dis- section 215(c) of the CAA, the Secretary’s practicable given, inter alia, the need of the cussions with outside persons by staff of the regulations implementing those sections Board and all interested persons to first have Office of Compliance are not properly part of (Parts 1903 and 1905, 29 CFR) are within the the benefit of the General Counsel’s inves- that record; nor are discussions between Board’s mandatory rulemaking authority tigation and reports and the need to first staff and the Board properly part of that under section 215(d)(2). These commenters complete rulemaking on sections of the CAA record. There is no legal basis or precedent characterized the Board’s decision as a re- that contained earlier effective dates, such for making such discussions part of the fusal to adopt the variance, citations, and in- as sections 203-207 (effective January 23, 1996) record; and to do so would improperly chill spections regulations because they are ‘‘pro- and section 220 (effective October 1, 1996). inter-agency and intra-agency deliberations cedural’’ as opposed to ‘‘substantive’’ regula- The proposed regulations were issued when and communications. tions, which the commenters believe is in- they were in order to afford commenters the B. Regulations that the Board proposed to consistent with the Board’s resolution of a earliest practical opportunity to comment adopt similar issue in the context of the Board’s on the proposed regulations so that final reg- 1. Substantive health and safety standards at section 220 regulations. See 142 Cong. Rec. at ulations could be adopted by the Board be- Parts 1910 and 1926, 29 CFR.—In the NPR, the S5072 (daily ed. May 15, 1996) (NPR regarding fore the effective date of section 215 of the Board proposed that otherwise applicable section 220) (procedural rules ‘‘can in fact be CAA. health and safety standards of the Sec- substantive regulations’’ and the fact that The schedule of Congress cannot be a de- retary’s regulations published at Parts 1910 the ‘‘regulations may arguably be procedural terminative factor for the Board in deciding and 1926 of Title 29 of the Code of Federal in content is, in the Board’s view, not a le- when to issue proposed regulations. The CAA Regulations (‘‘29 CFR’’) be adopted with only gally sufficient reason for not viewing them applies whether the Congress is in session or limited modifications. All commenters as ‘substantive’ regulations.’’). Two other not; and the CAA imposes deadlines that agreed in general with the Board’s proposal. commenters argued that regulations cov- must be met whether the Congress is in ses- 2. Recordkeeping requirements contained in ering the subject of variances, citations, and sion or not. The session of Congress is rel- substantive health and safety standards of similar other matters cannot be issued as evant to the date of publication of regula- Parts 1910 and 1926.—The Board further pro- rules governing the procedures of the Office tions, which is why the Board submitted the posed to include within its regulations rec- under section 303 of the CAA, because to do NPR to the Congress prior to adjournment ordkeeping requirements contained in the so would improperly circumvent Congress’ sine die, so that the NPR could be published substantive health and safety standards of ability to review and pass on substantive (in accordance with section 304(1) of the Parts 1910 and 1926, 29 CFR. One commenter regulations prior to their implementation CAA) for comment prior to January 1, 1997. took issue with this decision, arguing that (since section 303 regulations require no con- The rights and protections of the CAA con- adoption of such requirements is contrary to gressional approval). A third commenter ar- tinue while Congress is in recess, and the the intent of the CAA. The Board disagrees. gued that rules regarding variances, inspec- CAA requires that employing offices and Section 215(d)(2) provides that the Board tions, and citations should be issued by the Members meet their obligations whether regulations shall be ‘‘the same as’’ the regu- Board as substantive regulations, rather Congress is in session or not. lations of the Secretary implementing the than by the Executive Director under section 4. Technical and nomenclature changes.—As health and safety standards of section 5 of 303 of the CAA; however, this commenter did with prior rulemakings, the Board has pro- the OSHAct. Where, as here, a recordkeeping not offer a legal basis for this argument. Fi- posed to make technical and nomenclature or posting requirement is expressly con- nally, a fourth commenter argued that the changes to make the language of the adopted tained in and inextricably intertwined with a Part 1903 regulations should be issued as part regulations fit more naturally to situations substantive health and safety standard, the of the current rulemaking, regardless wheth- arising within the Legislative Branch. See, Board is required to adopt the standard as er they are issued as substantive regulations e.g., 142 Cong. Rec. at S225 (daily ed. Jan. 22, written under section 215(d)(2), unless there under section 215(d)(2) of the CAA or as pro- 1996) (final regulations regarding section 203 is good cause to believe that not including cedures of the Office under section 303 of the of the CAA). However, the Board has made the recordkeeping or posting requirement CAA. clear that such changes are not intended to would be ‘‘more effective for the implemen- After carefully considering these various affect a substantive change in the regula- tation of the rights and protections’’ under comments, the Board has again determined tions. Id. Examples of such changes include section 215. In contrast to the general rec- that it would not be legally appropriate to the following substitutions: ‘‘employing of- ordkeeping regulations that implement sec- adopt the Secretary’s regulations at Parts fice’’ for ‘‘employer,’’ ‘‘covered employee’’ tion 8(c) of the OSHAct (discussed at section 1903 and 1905, 29 CFR, as regulations under for ‘‘employee,’’ definitions of ‘‘employing I.C.2., infra), adoption of the health and safe- section 215(d)(2). Contrary to the com- office’’ (including the list of offices set forth ty standards, including those specific record- menters’ characterization, the Board ex- in the CAA) for the definition of ‘‘employer,’’ keeping requirements that are part and par- cluded Parts 1903 and 1905 from the proposed and deleting provisions regarding interstate cel of such standards, is authorized (if not regulations, not because they were ‘‘proce- commerce as a basis for jurisdiction (which compelled) by section 215(d)(2). dural’’ as opposed to ‘‘substantive,’’ but be- is not a requirement of the CAA). The commenter does not offer any basis for cause they were not within the scope of the The Board disagrees with the commenter’s concluding that excluding such record- Board’s rulemaking authority under section argument that failing to catalogue each of keeping or posting requirements would be 215(d)(2) of the CAA. Section 215(d)(2) pro- these changes in the preamble somehow ‘‘more effective’’ for implementing the vides that the regulations issued by the hinders commenters’ ability to provide effec- rights and protections of the health and safe- Board to implement section 215 ‘‘shall be the tive comments regarding the proposed regu- ty standard at issue. On the contrary, there same as substantive regulations promulgated lations. Where significant changes in the is every reason to believe that the sub- by the Secretary of Labor to implement the substance of the regulations have been pro- stantive health and safety protections con- statutory provisions referred to in subsection (a) posed, such changes have been summarized tained in subpart Z of Part 1910, such as the [of section 215],’’ except for modification of and discussed in the preamble to the pro- rules relating to employee exposure, would those regulations for ‘‘good cause.’’ The only posed regulations. However, as in past no- be less effective without a requirement that ‘‘statutory provision[] referred to in sub- tices of proposed rulemaking, the Board has employing offices document such exposure. section (a)’’ of section 215 is section 5 of the

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S64 CONGRESSIONAL RECORD — SENATE January 7, 1997 OSHAct, which sets forth the substantive The Board cannot adopt as a ‘‘modification’’ and ’’correcting’’ employing office are vague health and safety standards applicable to regulations that are not within the scope of and confusing because allegedly ‘‘they do lit- employers. Thus, only the regulations of the section 215(d)(2). See 141 Cong. Rec. S17603, tle more than imply that an employing of- Secretary that implement the substantive 17604 (daily ed. Nov. 28, 1995) (‘‘Because the fice can be responsible in almost all situa- health and safety standards of section 5 of Board’s authority to modify the Secretary’s tions’’ and allegedly do not give any more the OSHAct are within the scope of the regulations for ‘good cause’ does not author- guidance on this issue than before the pro- Board’s rulemaking authority under section ize it to adopt regulatory requirements that posed regulations were submitted. However, 215(d)(2). Because the Secretary’s health and are the equivalent of statutory requirements the commenter has not explained how the safety standards contained in Parts 1910 and that Congress has omitted from the provisions of proposed section 1.106 can fairly 1926 implement section 5 of the OSHAct, CAA***’’); see also MCI Telecommuni- be seen as vague or confusing. To be sure, such regulations may be included within the cations v. American Tel. & Tel., 114 S.Ct. 2223, proposed section 1.106 states general prin- proposed regulations; but the Secretary’s 2230 (1994) (FCC’s statutory authority to ciples that will need to be applied in the con- regulations regarding variance procedures, ‘‘modify any requirement’’ under section of text of actual factual situations by the Gen- inspections, citations and notices, set forth tariff statute did not authorize FCC to make eral Counsel and, ultimately, by the Board. at Parts 1903 and 1904, were promulgated to basic and fundamental changes in regulatory But this is the case with almost every rule of implement sections 8, 9, and 10 of the scheme; term ‘‘modify’’ connotes moderate law, whether stated in a statute, a regula- OSHAct, statutory provisions which are not or incremental change in existing require- tion, or a judicial decision. The fact that the ‘‘referred to in subsection (a)’’ of section 215. ments). text of a regulation on its face does not pur- port to provide a clear answer to every hypo- Thus, the plain language of section 215(d)(2) 2. General recordkeeping requirements.—In thetical question that may be posed by a excludes such regulations from the scope of the NPR, the Board proposed not to adopt party is not a reason to deem a regulation to the Board’s rulemaking mandate under sec- regulations implementing the general rec- be unclear. In the course of individual cases tion 215(d)(2). ordkeeping requirements of section 8(c) of before the General Counsel and ultimately the OSHAct. The Board determined that sec- The commenters apparently read section the Board, application of these rules will be tion 8(c) of the OSHAct is neither a part of 215(d)(2)’s requirement that the Board’s regu- made to specific situations. Without further the rights and protections of section 5 of the lations be ‘‘the same as substantive regula- elaboration by the commenter as to the na- tions promulgated by the Secretary of OSHAct nor a substantive health and safety ture of the purported ambiguity, there is no Labor’’ as including any regulation promul- standard referred to therein. Thus, regula- reason to believe that further clarification gated by the Secretary to implement any tions promulgated by the Secretary to im- or elaboration in section 1.106 is needed. provision of the OSHAct referred to in any plement the recordkeeping requirements are b. Joint responsibility.—The commenter ar- subsection of section 215, including sub- not within the scope of the Board’s rule- gued that section 1.106 authorizes assigning section (c). But the Board may not properly making under section 215(d)(2). correction responsibility to more than one ignore the requirement of section 215(d)(2) Two commenters asked the Board to recon- employing office, which it said to be is con- that the regulations be promulgated ‘‘to im- sider this decision and to issue regulations trary to the CAA. In support of its argument, plement the statutory provisions referred to implementing section 8(c) of the OSHAct. the commenter seized upon the provisions of in subsection (a).’’ To do so would violate the The Board has considered these comments section 215(d)(3), which direct the Board to cardinal rule of statutory construction that and finds no new arguments or statutory evi- develop a method for identifying ‘‘the em- a statute should not be read as rendering any dence therein to support a change in the ploying office, not employing offices,’’ and word or phrase therein mere surplusage. See Board’s original conclusion. The arguments section 415, which states that funds to cor- Babbitt v. Sweet Home Ch. of Commun. for offered by the commenters were substan- rect violations may be paid only from funds Greater Or., 115 S.Ct. 2407, 2413 (1995). tially the same as those that were considered appropriated ‘‘to the employing office or en- The only way in which regulations imple- and rejected by the Board in an earlier rule- tity responsible for correcting such viola- menting provisions of the OSHAct referred making on an essentially identical issue. See tions.’’ (emphasis in original of comment). to in subsection (c) could be considered with- 141 Cong. Rec. S17603, 17604 (daily ed. Nov. 28, According to the commenter, these provi- in the scope of regulations under section 1995) (resolving identical issue in the context sions establish a statutory prohibition on 215(d)(2) would be by speculating that Con- of rulemaking under section 203 of the CAA). the imposition of ‘‘joint’’ responsibility for gress’ specific reference to subsection (a) was D. Method for identifying responsible section 215 violations. Again, the Board dis- inadvertent. However, such ‘‘[s]peculation employing office agrees. loses, for the more natural reading of the In section 1.106 of the proposed regulations, First, it is an elementary rule of statutory statute’s text, which would give effect to all the Board set forth a method for identifying construction that reference to persons or of its provisions, always prevails over a mere the employing office responsible for correc- parties in statutory language stated in the suggestion to disregard or ignore duly cre- tion of a particular violation. Under pro- singular is presumed to include the plural. See, e.g., 1 U.S.C. § 1 (‘‘In determining the ated law as legislative oversight.’’ United posed section 1.106, correction of a violation meaning of any Act of Congress, unless the Food and Commercial Workers v. Brown Group, of section 215(a) ‘‘is the responsibility of any context indicates otherwise—words import- Inc., 116 S.Ct. 1529, 1533 (1996). employing office that is a creating employ- ing the singular include and apply to several Furthermore, because section 215(c) sets ing office, a controlling employing office, persons, parties, or things’’). forth a detailed enforcement procedure and/or a correcting employing office, as de- which is significantly different from the pro- Second, nothing in the language of section fined by this section, to the extent that the 215 suggests that the General Counsel and cedures of the OSHAct, it is doubtful that employing office is in a position to correct the drafters intended to include regulations the Board must determine the (e.g., ‘‘sole’’) or abate the hazard or to ensure its correc- employing office responsible for correction. implementing OSHAct enforcement proce- tion or abatement.’’ dures as part of the Board’s rulemaking On the contrary, the language of section 215, 1. General comments regarding section 1.106.— including other subsections not cited by the under section 215(c)(2). Instead, given the sig- One commenter argued that section 1.106 nificant differences between the two statu- commenter, suggests that more than one of- should be significantly revised or a different fice may have responsibilities for the safety tory enforcement provisions, it is reasonable method developed by the Board because: (1) to conclude that Congress did not intend the and health of a covered employee. For exam- the definitions of ‘‘creating,’’ ‘‘exposing,’’ ple, by applying section 5 of the OSHAct, Board to presume that the regulations re- ‘‘controlling,’’ and ‘‘correcting’’ employer garding such procedures should be ‘‘the section 215(a) of the CAA imposes a duty on are allegedly vague and confusing and give each employing office to provide to its em- same’’ as the Secretary’s procedures, as they insufficient guidance to employing offices re- generally must be if they fell within the ployees employment and a place of employ- garding their responsibilities; and (2) section ment free of recognized hazards. Section Board’s substantive rulemaking authority 1.106 contemplates the possibility that more 215(a) makes clear that other entities (in ad- under section 215(d)(2). Thus, the com- than one employing office may be held re- dition to the employing office) may also menters’ interpretation is not supported by sponsible for correcting a violation, which is have a duty to those employees regarding either the text or the legislative history of said to be contrary to section 215 (which the such hazards ‘‘irrespective of whether the en- section 215.1 commenter argues prohibits the imposition tity has an employment relationship’’ with For this reason, the Board must also reject of joint responsibility) and, assuming that that employee. Section 215(a)(2)(C). See also the commenter’s suggestion that it ‘‘mod- more than one employing office may prop- subsection (c)(2) (A) and (B) (authorizing the ify’’ the proposed regulations to include the erly be held responsible under section 1.106, General Counsel to issue a citation or notice Secretary’s Part 1903 and 1904 regulations. the Board should provide a mechanism for to ‘‘any employing office responsible for cor- allocating joint responsibility among mul- recting a violation’’) (emphasis added). 1 Even under the commenters’ narrow reading of tiple offices. The Board has considered each Third, adoption of a rule that requires the section 215(d)(2), Part 1905 (rules of practice and pro- of these arguments and, as explained below, General Counsel in an investigatory pro- cedure relating to variances) is not a ‘‘substantive finds no reason to depart substantially from ceeding or the hearing officer and/or the regulation.’’ Part 1905 was issued by the Secretary the proposed regulations as issued. Board in an adjudicatory proceeding to de- as a ‘‘rule of agency procedures and practice’’ and thus was not promulgated after notice and com- a. Definition of ‘‘creating,’’ ‘‘exposing,’’ ‘‘con- termine a single employing office responsible ment. See 36 Fed. Reg. 12,290 (June 30, 1971) (‘‘The trolling,’’ and ‘‘correcting’’ employing office.— for correction of a violation would be un- rules of practice [Part 1905] shall be effective upon The commenter argued that the definitions workable (and in some cases impossible to publication in the Federal Register (6–30–71).’’). of ‘‘creating,’’ ‘‘exposing,’’ ‘‘controlling,’’ apply) and

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S65 would be inconsistent with similar principles posed’’ its employees to a hazard (but did not and frequency with and by which it plans to applied under the OSHAct. In the private create the hazard or have control over the submit changes in substantive rules, and the sector, where a single employer controls the workspace involved), that employing office manner and frequency with and by which the working conditions and working environ- discharges its responsibility (and abates its Office will advise employees and employing ment of the employees, that employer is ‘‘share’’ of a citation) by ceasing the activity offices of changes to external documents. solely accountable under the OSHAct for that exposes its employees to the hazard (by As stated in the NPR, the Board will make providing safe working conditions for its em- not sending its employees to the area, pro- any changes in the substantive health and ployees. Similarly, in situations under sec- viding personal protective equipment, etc.). safety standards under the rulemaking pro- tion 215 of the CAA where the alleged viola- Even though the ‘‘exposing’’ employing of- cedures of section 304 of the CAA. Those tion involves a one-employing office work- fice has discharged its responsibility (and is, changes will be made as frequently as need- place that is under the sole authority and ju- therefore, no longer a ‘‘responsible employ- ed. It is impossible for the Board to establish risdiction of that office, section 1.106 would ing office’’ with respect to that violation), a pre-set schedule under which as yet unan- not be needed to resolve the issue of respon- the ‘‘violation’’ at that worksite is not ticipated and unknown changes will be made. sibility for correction. However, as the Board abated until the condition creating the haz- Similarly, the frequency by which the Office noted in NPR, the vast majority of work- ard is eliminated. In most cases, that respon- may issue information to employing offices places in the Legislative Branch are not con- sibility will be assigned to the ‘‘correcting’’ and employing offices regarding the require- ventional, one-employing office workplaces. employing office. However, in some cases, ments of the CAA will be based on the appro- Instead, there are a number of employing of- the ’’controlling’’ employing office (the one priate professional judgment of the Office fices and entities (including, but not limited with legal authority to control the area) and its statutory appointees in the par- to, the Architect of the Capitol, the Ser- may be a different office than the ‘‘cor- ticular circumstances that issues arise; it geants-At-Arms, the Chief Administrative recting’’ employing office and, therefore, cannot be specified in advance. Officer of the House, Senate and House com- may need to be a party to any proceeding so F. Comments on specific provisions mittees, and individual Members) that have that complete relief can be granted by the 1. Specific standards of Part 1910 incorporated varying degrees of actual or apparent juris- hearing officer to ensure correction of the by reference.—One commenter recommended diction, authority, and responsibility for the violation. that the Board not adopt the following provi- physical location in which the violation oc- For all of the above reasons, the Board will sions that were included within the proposed curred and, therefore, for correction of viola- adopt section 1.106, as modified below, as regulations, which the commenter contended tions. Section 1.106 is needed to address such part of its final regulations. are inapplicable to operations of the Legisla- situations; and it can workably do so only by 2. Recommended modifications to section tive Branch: 1910.104 (relating to installation imposing responsibility on several covered 1.106(c).—One commenter took issue with the of bulk oxygen systems), 1910.216 (relating to entities. following portion of section 1.106(c): mills and calenders in the rubber and plas- In private sector worksites where the ‘‘In addition, if equipment or facilities to tics industries), and 1910.266 (relating to log- working environment is controlled by more be used by an employing office, but not ging operations). Upon further consideration, than one employer, such as in construction under the control of the employing office, do the Board will delete these provisions from or other activities involving subcontractors, not meet applicable health and safety stand- its final regulations, as recommended by the OSHA’s longstanding policy has been to hold ards or otherwise constitute a violation of commenter. multiple employers responsible for the cor- section 215(a), it is the responsibility of the This commenter also recommended that rection of workplace hazards in appropriate employing office not to permit its employees the Board exclude from the final regulations cases. Thus, when safety or health hazards to utilize such equipment or facilities. In sections 1910.263 (safety and health standards occur on multi-employer worksites in the such circumstances, the employing office is relating ‘‘to the design, installation, oper- private sector, OSHA will issue citations not in violation if, and only if, it permits its em- ation and maintenance of machinery and only to the employer whose employees were ployees to utilize such equipment or facili- equipment used in a bakery’’), and section exposed to the violation, but also to other ties.’’ 1910.264 (standards relating to ‘‘laundry ma- employers, such as general contractors or According to the commenter, this state- chinery and operations’’). Because the terms host employers, who can reasonably be ex- ment fails to recognize the affirmative de- ‘‘bakery’’ and ‘‘laundry’’ are not defined in pected to have identified or corrected the fense to a violation in situations involving the regulations, it is not clear that these hazard by virtue of their supervisory role multi-employer worksites where the cited sections are inapplicable to conditions or fa- over the worksite. See OSHA Field Inspec- employer does not have the ability to recog- cilities within the Legislative Branch. Ac- tion Reference manual (‘‘FIRM’’), OSHA In- nize or abate the offending condition or has cordingly, out of an abundance of caution, struction CPL 2.103 at III–28,29 (1994). This taken reasonable alternative measures to the Board will retain sections 1910.263 and multi-employer policy does not confer spe- protect its employees from the hazard. See 1910.264 in the final regulations. cial burdens on these superintending employ- Anning Johnson Co. v. OSHRC, 516 F.2d 1081 Finally, for the reasons set forth in section ers, but merely recognizes that employers (7th Cir. 1975). The Board agrees with the I.B.2, supra, the Board declines the com- with overall administrative responsibility commenter that employing offices should menter’s suggestion that sections 1910.1020 for an ongoing project or worksite are re- have the benefit of this affirmative defense (access to employee exposure and medical sponsible under the OSHAct for taking rea- in such a situation. Accordingly, the Board records) and 1910.1200 (hazard communica- sonable steps to correct the violation, or to will incorporate the commenter’s suggested tion) not be included within the Board’s final require correction of hazards to the extent of language (which has been modified to con- regulations because they may require em- their authority and/or responsibility. There form to the elements of the multi-employer ploying offices to make or maintain records is no legal basis for excusing employing of- affirmative defense). As amended, the pas- to meet these substantive health and safety fices under the CAA from similar respon- sage in section 1.106(c) will be revised to read standards. 2. Section 1.104 (Notice of protection).—Two sibilities. as follows: As noted in the NPR, the employing of- commenters argued that proposed section ‘‘In addition, if equipment or facilities to fice’s responsibility for correction is only to 1.104 should be deleted since they fear that be used by an employing office, but not the extent that it is ‘‘in a position to correct the section may be interpreted as a notice under the control of the employing office, do or abate the hazard or to ensure its correc- posting or recordkeeping ‘‘requirement.’’ On not meet applicable health and safety stand- tion or abatement.’’ In addition, the duties the contrary, section 1.104 merely provides ards or otherwise constitute a violation of of the employing office under section 1.106 that, consistent with section 301(h) of the section 215(a), it is the responsibility of the are no more than to exercise the power or CAA, the Office will make information re- employing office not to permit its employees authority that it may possess, singularly or garding the CAA available to employing of- to utilize such equipment or facilities. In together with other employing offices, to en- fices in a manner suitable for posting. This such circumstances, an employing office sure the correction of the hazard. The Board identical provision has been included in prior that did not create or control a violation finds no compelling reason to reconsider this regulations promulgated by the Board and may avoid liability if, and only if, it proves rule. approved by Congress. See, e.g., Final Rules either that it took reasonable alternative The Board also declines the commenter’s Under Section 204 of the CAA, section 1.6, 141 measures to protect its employees against suggestion that it adopt rules allocating re- Cong. Rec. at S265 (daily ed. Jan. 22, 1996). the hazard or that it lacked sufficient exper- sponsibility in what it characterizes as 3. Sections 1.102 (Definition of ‘‘covered em- tise to recognize that the equipment or fa- ‘‘joint’’ liability situations. Contrary to the ployee’’) and 1.105 (Authority of the Board).— cilities did not meet applicable health and commenter’s assumption, the responsibility Two commenters took issue with the Board’s safety standards or otherwise constituted a under section 1.106 is not ‘‘joint’’ but ‘‘sev- inclusion of proposed sections 1.102 (defining violation of section 215(a).’’ eral.’’ That is, the employing office is only ‘‘covered employee’’) and 1.105 (stating the responsible to the extent that it is a ‘‘cre- E. Future changes in text of health and Board’s authority to promulgate regulations ating,’’ ‘‘exposing,’’ ‘‘controlling,’’ and/or safety standards under the CAA) because they contend that ‘‘correcting’’ employing office and to the ex- The commenters generally agreed with the such provisions are inconsistent with the tent that it is ‘‘in a position to correct or Board’s proposed approach regarding changes CAA and/or not needed. The Board is satis- abate the hazard or to ensure its correction in the substantive health and safety stand- fied that these sections are consistent with or abatement.’’ Thus, if the facts establish ards. However, two commenters suggested the CAA and will be retained. As with pro- that a particular employing office only ‘‘ex- that the Board expressly state the manner posed section 1.104, proposed sections 1.102

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S66 CONGRESSIONAL RECORD — SENATE January 7, 1997 and 1.105 have been included in several prior mits for approval by the Congress the fol- of the Office of the Architect of the Capitol, regulations promulgated by the Board and lowing regulations: the Botanic Gardens, or the Senate Res- approved by Congress. See, e.g., Final Rules ADOPTED REGULATIONS taurants. regarding section 203 of the CAA, sections (f) The term employee of the Capitol Police APPLICATION OF RIGHTS AND PROTECTIONS OF 501.102, 501.104, 141 Cong. Rec. at S226; Final includes any member or officer of the Cap- THE OCCUPATIONAL SAFETY AND HEALTH Rules regarding section 204 of the CAA, sec- itol Police. ACT OF 1970 (SECTION 215 OF THE CONGRES- tions 1.2 and 1.7, 141 Cong. Rec. at S264-65. (g) The term employee of the House of Rep- SIONAL ACCOUNTABILITY ACT OF 1995) 4. Section 1900.1 (Purpose and Scope).—Pro- resentatives includes an individual occupying posed section 1900.1 sets forth the purpose PART 1—MATTERS OF GENERAL APPLICABILITY a position the pay for which is disbursed by and scope of the Board’s adoption of the oc- TO ALL REGULATIONS PROMULGATED UNDER the Clerk of the House of Representatives, or cupational safety and health standards of SECTION 215 OF THE CONGRESSIONAL ACCOUNT- another official designated by the House of Parts 1910 and 1926, 29 CFR. Subsection (b) ABILITY ACT OF 1995 Representatives, or any employment posi- makes clear that only the substantive health Sec. tion in an entity that is paid with funds de- and safety standards of Parts 1910 and 1926 1.101 Purpose and scope rived from the clerk-hire allowance of the are adopted by reference and that other ma- 1.102 Definitions House of Representatives but not any such terials not relating to health and safety 1.103 Coverage individual employed by any entity listed in standards are not adopted. One commenter 1.104 Notice of protection subparagraphs (3) through (8) of paragraph requested further clarification because, in 1.105 Authority of the Board (c) above. the commenter’s view, ‘‘there is no indica- 1.106 Method for identifying the entity re- (h) The term employee of the Senate includes tion of what is ‘excluded’ ’’ by the reference. sponsible for correction of violations of any employee whose pay is disbursed by the On the contrary, section 1900.1(b) gives an il- section 215 Secretary of the Senate, but not any such in- lustration of the types of material not adopt- dividual employed by any entity listed in ed by reference: rules that relate to laws § 1.101 Purpose and scope. such as the Construction Safety Act, but (a) Section 215 of the CAA. Enacted into law subparagraphs (3) through (8) of paragraph have no relation to the OSHAct; and state- on January 23, 1995, the Congressional Ac- (c) above. ments or references to the duties and/or au- countability Act (‘‘CAA’’) directly applies (i) The term employing office means: (1) the thorities of the Assistant Secretary of Labor the rights and protections of eleven federal personal office of a Member of the House of (since such authorities are assigned by the labor and employment law and public access Representatives or the Senate or a joint CAA to the General Counsel). In the Board’s statutes to covered employees and employ- committee; (2) a committee of the House of view, section 1900.1 adequately describes the ing offices within the Legislative Branch. Representatives or the Senate or a joint scope of its incorporation of standards under Section 215(a) of the CAA provides that each committee; (3) any other office headed by a Parts 1910 and 1926. employing office and each covered employee person with the final authority to appoint, G. Technical and nomenclature changes shall comply with the provisions of section 5 hire, discharge, and set the terms, condi- tions, or privileges of the employment of an Two commenters have requested that the of the Occupational Safety and Health Act of employee of the House of Representatives or Board list the technical and nomenclature 1970 (‘‘OSHAct’’), 29 U.S.C. § 654. Section 5(a) the Senate; or (4) the Capitol Guide Board, changes that it has made to the adopted reg- of the OSHAct provides that every covered the Congressional Budget Office, the Office ulations. Since the Board does not intend by employer has a general duty to furnish each of the Architect of the Capitol, the Office of the changes to effect a substantive change in employee with employment and a place of the Attending Physician, and the Office of the meaning of the adopted regulations, it is employment free from recognized hazards Compliance. unclear what purpose, if any, would be that are causing or are likely to cause death (j) The term employing office includes any served by such a list. The regulations ade- or serious physical harm to those employees, of the following entities that is responsible quately set forth the extent of such tech- and a specific duty to comply with occupa- nical and nomenclature changes. Proposed tional safety and health standards promul- for correction of a violation of this section, section 1900.2 states that, except where in- gated under the law. Section 5(b) requires irrespective of whether the entity has an em- consistent with the definitions, provisions covered employees to comply with occupa- ployment relationship with any covered em- regarding scope, application and coverage, tional safety and health standards and with ployee in any employing office in which such and exemptions provided in the CAA or other all rules, regulations and orders which are violation occurs: (1) each office of the Sen- sections of these regulations, the definitions, applicable to their actions and conduct. Set ate, including each office of a Senator and provisions regarding scope, application and forth herein are the substantive regulations each committee; (2) each office of the House coverage, and exemptions provided in Parts that the Board of Directors of the Office of of Representatives, including each office of a 1910 and 1926, 29 CFR, as incorporated into Compliance has promulgated pursuant to Member of the House of Representatives and these regulations, shall apply under these section 215(d) of the CAA. each committee; (3) each joint committee of regulations. For example, any reference to (b) Purpose and scope of regulations. The the Congress; (4) the Capitol Guide Service; ‘‘employer’’ in Parts 1910 and 1926 shall be regulations set forth herein (Parts 1 and (5) the Capitol Police; (6) the Congressional deemed to refer to ‘‘employing office.’’ The 1900) are the substantive regulations that the Budget Office; (7) the Office of the Architect commenter identified a number of other mis- Board of Directors of the Office of Compli- of the Capitol (including the Senate Res- cellaneous statements in the NPR and the ance has promulgated pursuant to section taurants and the Botanic Garden); (8) the Of- proposed rules therein that it contends are 215(d) of the CAA. Part 1 contains the gen- fice of the Attending Physician; and (9) the vague and ambiguous or misleading, and/or eral provisions applicable to all regulations Office of Compliance. (k) means the Board of Directors of inconsistent with its reading of the CAA, for under section 215, including the method of Board the Office of Compliance. which the commenter suggests technical cor- identifying entities responsible for cor- (l) Office means the Office of Compliance. rections and clarifications. The Board has recting a violation of section 215. Part 1900 (m) General Counsel means the General considered all of these suggestions and, as contains the substantive safety and health Counsel of the Office of Compliance. appropriate, has adopted them. standards which the Board has adopted as II. Method of Approval substantive regulations under section 215(e). § 1.103 Coverage. The Board received no comments on the § 1.102 Definitions. The coverage of Section 215 of the CAA ex- method of approval for these regulations. Except as otherwise specifically provided tends to any ‘‘covered employee.’’ It also ex- Therefore, the Board continues to rec- in these regulations, as used in these regula- tends to any ‘‘covered employing office,’’ ommend that (1) the version of the proposed tions: which includes any of the following entities regulations that shall apply to the Senate (a) Act or CAA means the Congressional Ac- that is responsible for correcting a violation and employees of the Senate should be ap- countability Act of 1995 (Pub.L. 104–1, 109 of section 215 (as determined under section proved by the Senate by resolution; (2) the Stat. 3, 2 U.S.C. §§ 1301–1438). 1.106), irrespective of whether the entity has version of the proposed regulations that (b) OSHAct means the Williams-Steiger Oc- an employment relationship with any cov- shall apply to the House of Representatives cupational Safety and Health Act of 1970 (29 ered employee in any employing office in and employees of the House of Representa- U.S.C. §§ 651, et seq.), as applied to covered which such a violation occurs: tives should be approved by the House of employees and employing offices by Section (1) each office of the Senate, including Representatives by resolution; and (3) the 215 of the CAA. each office of a Senator and each committee; version of the proposed regulations that (c) The term covered employee means any (2) each office of the House of Representa- shall apply to other covered employees and employee of (1) the House of Representatives; tives, including each office of a Member of employing offices should be approved by the (2) the Senate; (3) the Capitol Guide Service; the House of Representatives and each com- Congress by concurrent resolution. (4) the Capitol Police; (5) the Congressional mittee; Signed at Washington, D.C. on this 20th Budget Office; (6) the Office of the Architect (3) each joint committee of the Congress; day of December, 1996. of the Capitol; (7) the Office of the Attending (4) the Capitol Guide Service; GLEN D. NAGER, Physician; and (8) the Office of Compliance. (5) the Capitol Police; Chair of the Board, (d) The term employee includes an appli- (6) the Congressional Budget Office; Office of Compliance. cant for employment and a former employee. (7) the Office of the Architect of the Cap- Accordingly, the Board of Directors of the (e) The term employee of the Office of the Ar- itol (including the Senate Restaurants and Office of Compliance hereby adopts and sub- chitect of the Capitol includes any employee the Botanic Garden);

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S67 (8) the Office of the Attending Physician; extent that the employing office is in a posi- include references to interpretative rules and tion to correct or abate the hazard or to en- having relevance to the application of the (9) the Office of Compliance. sure its correction or abatement. Construction Safety Act, but having no rel- § 1.104 Notice of protection. (i) Creating employing office means the em- evance to the Occupational Safety and ploying office that actually created the haz- Pursuant to section 301(h) of the CAA, the Health Act. Similarly, the incorporation by ard forming the basis of the violation or vio- Office shall prepare, in a manner suitable for reference of part 1910, 29 CFR, is not in- lations of section 215(a). tended to include any reference to the As- posting, a notice explaining the provisions of (ii) Exposing employing office means the em- section 215 of the CAA. Copies of such notice sistant Secretary of Labor and the authori- ploying office whose employees are exposed ties of the Assistant Secretary. The author- may be obtained from the Office of Compli- to the hazard forming the basis of the viola- ance. ity to adopt, promulgate, and amend or re- tion or violations of section 215(a). voke standards applicable to covered em- § 1.105 Authority of the Board. (iii) Controlling employing office means the ployment under the CAA rests with the Pursuant to section 215 and 304 of the CAA, employing office that is responsible, by Board of Directors of the Office of Compli- the Board is authorized to issue regulations agreement or legal authority or through ac- ance pursuant to sections 215(d) and 304 of to implement the rights and protections of tual practice, for safety and health condi- the CAA. Notwithstanding anything to the section 215(a). Section 215(d) of the CAA di- tions in the location where the hazard form- contrary contained in the incorporated rects the Board to promulgate regulations ing the basis for the violation or violations standards, the exclusive means for enforce- implementing section 215 that are ‘‘the same of section 215(a) occurred. ment of these standards with respect to cov- as substantive regulations promulgated by (iv) Correcting employing office means the ered employment are the procedures and the Secretary of Labor to implement the employing office that has the responsibility remedies provided for in section 215 of the statutory provisions referred to in sub- for actually performing (or the authority or CAA. section (a) except to the extent that the power to order or arrange for) the work nec- (c) This part incorporates the referenced Board may determine, for good cause shown essary to correct or abate the hazard form- safety and health standards in effect as of and stated together with the regulation, that ing the basis of the violation or violations of the effective date of these regulations. a modification of such regulations would be section 215(a). § 1900.2 Definitions, provisions regarding scope, (c) Exposing Employing Office Duties. Em- more effective for the implementation of the applicability and coverage, and exemptions. ploying offices have direct responsibility for rights and protections under this section.’’ 2 (a) Except where inconsistent with the U.S.C. § 1341(d). The regulations issued by the safety and health of their own employees and are required to instruct them about the definitions, provisions regarding scope, ap- the Board herein are on all matters for plication and coverage, and exemptions pro- which section 215 of the CAA requires a regu- hazards that might be encountered, includ- ing what protective measures to use. An em- vided in the CAA or other sections of these lation to be issued. Specifically, it is the regulations, the definitions, provisions re- Board’s considered judgment, based on the ploying office may not contract away these legal duties to its employees or its ultimate garding scope, application and coverage, and information available to it at the time of exemptions provided in Parts 1910 and 1926, promulgation of these regulations, that, responsibilities under section 215(a) of the CAA by requiring another party or entity to 29 CFR, as incorporated into these regula- with the exception of the regulations adopt- tions, shall apply under these regulations. ed and set forth herein, there are no other perform them. In addition, if equipment or facilities to be used by an employing office, For example, any reference to ‘‘employer’’ in ‘‘substantive regulations promulgated by the Parts 1910 and 1926 shall be deemed to refer Secretary of Labor to implement the statu- but not under the control of the employing office, do not meet applicable health and to ‘‘employing office.’’ Similarly, any limita- tory provisions referred to in subsection (a) tion on coverage in Parts 1910 and 1926 to em- [of section 215 of the CAA]’’ that need be safety standards or otherwise constitutes a violation of section 215(a), it is the responsi- ployers engaged ‘‘in a business that affects adopted. commerce’’ shall not apply in these regula- In promulgating these regulations, the bility of the employing office not to permit its employees to utilize such equipment or tions. Board has made certain technical and no- (b) The provisions of section 1910.6, 29 CFR, facilities. In such circumstances, an employ- menclature changes to the regulations as regarding the force and effect of standards of ing office that did not create or control a promulgated by the Secretary. Such changes agencies of the U.S. Government and organi- violation may avoid liability if, and only if, are intended to make the provisions adopted zations that are not agencies of the U.S. it proves either that it took reasonable al- accord more naturally to situations in the Government, which are incorporated by ref- ternative measures to protect its employees Legislative Branch. However, by making erence in Part 1910, shall apply to the stand- against the hazard or that it lacked suffi- these changes, the Board does not intend a ards incorporated into these regulations. cient expertise to recognize that the equip- substantive difference between these regula- (c) It is the Board’s intent that the stand- ment or facilities did not meet applicable tions and those of the Secretary from which ards adopted in these regulations shall have health and safety standards or otherwise they are derived. Moreover, such changes, in the same force and effect as applied to cov- constituted a violation of section 215(a). It is and of themselves, are not intended to con- ered employing offices and employees under not the responsibility of an employing office stitute an interpretation of the regulation or section 215 of the CAA as those standards to effect the correction of any such defi- of the statutory provisions of the CAA upon have when applied by OSHA to employers, ciencies itself, but this does not relieve it of which they are based. employees, and places of employment under its duty to use only equipment or facilities § 1.106 Method for identifying the entity re- the jurisdiction of OSHA and the OSHAct. that meet the requirements of section 215(a). sponsible for correction of violations of sec- § 1900.3 Adoption of occupational safety and PART 1900—ADOPTION OF OCCUPATIONAL tion 215. health standards. SAFETY AND HEALTH STANDARDS (a) Purpose and scope. Section 215(d)(3) of (a) Part 1910 Standards. The standards pre- the CAA provides that regulations under sec- Sec. scribed in 29 CFR part 1910, Subparts B tion 215(d) include a method of identifying, 1900.1 Purpose and scope through S, and Subpart Z, as specifically ref- for purposes of this section and for cat- 1900.2 Definitions; provisions regarding erenced and set forth herein at Appendix A, egories of violations of section 215(a), the scope, applicability, and coverage; and are adopted as occupational safety and employing office responsible for correcting a exemptions health standards under Section 215(d) of the particular violation. This section sets forth 1900.3 Adoption of occupational safety and CAA and shall apply, according to the provi- the method for identifying responsible em- health standards sions thereof, to every employment and ploying offices for the purpose of allocating § 1900.1 Purpose and scope. place of employment of every covered em- responsibility for correcting violations of (a) The provisions of this subpart B adopt ployee engaged in work in an employing of- section 215(a) of the CAA. These rules apply and extend the applicability of occupational fice. Each employing office shall protect the to the General Counsel in the exercise of his safety and health standards established and employment and places of employment of authority to issue citations or notices to em- promulgated by the Occupational Safety and each of its covered employees by complying ploying offices under sections 215(c)(2)(A) Health Administration (‘‘OSHA’’) and set with the appropriate standards described in and (B), and to the Office and the Board in forth at Parts 1910 and 1926 of title 29 of the this paragraph. the adjudication of complaints under section Code of Federal Regulations, with respect to (b) Part 1926 Standards. The standards pre- 215(c)(3). every employing office, employee, and em- scribed in 29 CFR part 1926, Subparts C (b) Employing Office(s) Responsible for Cor- ployment covered by section 215 of the Con- through X and Subpart Z, as specifically ref- recting a Violation of Section 215(a) of the CAA. gressional Accountability Act. erenced and forth herein at Appendix B, are With respect to the safety and health stand- (b) It bears emphasis that only standards adopted as occupational safety and health ards and other obligations imposed upon em- (i.e., substantive rules) relating to safety or standards under Section 215(d) of the CAA ploying offices under section 215(a) of the health are adopted by any incorporations by and shall apply, according to the provisions CAA, correction of a violation of section reference of standards prescribed in this thereof, to every employment and place of 215(a) is the responsibility of any employing Part. Other materials contained in the ref- employment of every covered employee en- office that is an exposing employing office, a erenced parts are not adopted. Illustrations gaged in work in an employing office. Each creating employing office, a controlling em- of the types of materials which are not employing office shall protect the employ- ploying office, and/or a correcting employing adopted are these. The incorporation by ref- ment and places of employment of each of its office, as defined in this subsection, to the erence of part 1926, 29 CFR, is not intended to covered employees by complying with the

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S68 CONGRESSIONAL RECORD — SENATE January 7, 1997 appropriate standards described in this para- Appendix to Subpart E—Means of Egress Appendix D to Subpart L—Availability of graph. Subpart F—Powered Platforms, Manlifts, Publications Incorporated by Reference (c) Standards not adopted. This section and Vehicle-Mounted Work Platforms In Section 1910.156 Fire Brigades adopts as occupational safety and health 1910.66 Powered platforms for building main- Appendix E to Subpart L—Test Methods for standards under section 215(d) of the CAA tenance. Protective Clothing the standards which are prescribed in Parts 1910.67 Vehicle-mounted elevating and rotat- Subpart M—Compressed Gas and Compressed 1910 and 1926 of 29 CFR. Thus, the standards ing work platforms. Air Equipment (substantive rules) published in subparts B 1910.68 Manlifts. 1910.166 [Reserved] through S and Z of part 1910 and subparts C Subpart G—Occupational Health and 1910.167 [Reserved] through X and Z of part 1926 are applied. As Environmental Control 1910.168 [Reserved] set forth in Appendix A and Appendix B to 1910.169 Air receivers. this Part, this section does not incorporate 1910.94 Ventilation. all sections contained in these subparts. For 1910.95 Occupational noise exposure. Subpart N—Materials Handling and Storage example, this section does not incorporate 1910.96 [Reserved] 1910.176 Handling material—general. sections 1910.15, 1910.16, and 1910.142, relating 1910.97 Nonionizing radiation. 1910.177 Servicing multi-piece and single to shipyard employment, longshoring and Subpart H—Hazardous Materials piece rim wheels. marine terminals, and temporary labor 1910.101 Compressed gases (general require- 1910.178 Powered industrial trucks. camps, because such provisions have no ap- ments). 1910.179 Overhead and gantry cranes. plication to employment within entities cov- 1910.102 Acetylene. 1910.180 Crawler locomotive and truck ered by the CAA. 1910.103 Hydrogen. cranes. (d) Copies of the standards which are incor- 1910.104 [Reserved] 1910.181 Derricks. porated by reference may be examined at the 1910.105 Nitrous oxide. 1910.183 Helicopters. Office of Compliance, Room LA 200, 110 Sec- 1910.106 Flammable and combustible liquids. 1910.184 Slings. ond Street, S.E., Washington, D.C. 20540-1999. 1910.107 Spray finishing using flammable and Subpart O—Machinery and Machine The OSHA standards may also be found at 29 combustible materials. Guarding CFR Parts 1910 and 1926. Copies of the stand- 1910.108 Dip tanks containing flammable or 1910.211 Definitions. combustible liquids. ards may also be examined at the national 1910.212 General requirements for all ma- 1910.109 Explosives and blasting agents. office of the Occupational Safety and Health chines. 1910.110 Storage and handling of liquefied pe- Administration, U.S. Department of Labor, 1910.213 Woodworking machinery require- troleum gases. Washington, D.C. 20210, and their regional of- ments. 1910.111 Storage and handling of anhydrous fices. Copies of private standards may be ob- 1910.215 Abrasive wheel machinery. ammonia. tained from the issuing organizations. Their 1910.216 [Reserved] 1910.112 [Reserved] names and addresses are listed in the perti- 1910.217 Mechanical power presses. 1910.113 [Reserved] nent subparts of Parts 1910 and 1926, 29 CFR. 1910.218 Forging machines. (e) Any changes in the standards incor- 1910.119 Process safety management of highly 1910.219 Mechanical power-transmission ap- porated by reference in the portions of Parts hazardous chemicals. paratus. 1910 and 1926, 29 CFR, adopted herein and an 1910.120 Hazardous waste operations and official historic file of such changes are emergency response. Subpart P—Hand and Portable Powered available for inspection at the national of- Subpart I—Personal Protective Equipment Tools and Other Hand-Held Equipment fice of the Occupational Safety and Health 1910.132 General requirements. 1910.241 Definitions. Administration, U.S. Department of Labor, 1910.133 Eye and face protection. 1910.242 Hand and portable powered tools and Washington, D.C. 20210. 1910.134 Respiratory protection. equipment, general. APPENDIX A TO PART 1900 REFERENCES TO 1910.135 Head protection. 1910.243 Guarding of portable powered tools. SECTIONS OF PART 1910, 29 CFR, ADOPTED AS 1910.136 Foot protection. 1910.244 Other portable tools and equipment. OCCUPATIONAL SAFETY AND HEALTH STAND- 1910.137 Electrical protective devices. Subpart Q—Welding, Cutting, and Brazing. ARDS UNDER SECTION 215(D)OFTHECAA 1910.138 Hand Protection. 1910.251 Definitions. The following is a reference listing of the Subpart J—General Environmental Controls 1910.252 General requirements. sections and subparts of Part 1910, 29 CFR, 1910.141 Sanitation. 1910.253 Oxygen-fuel gas welding and cutting. which are adopted as occupational safety and 1910.143 Nonwater carriage disposal systems. 1910.254 Arc welding and cutting. health standards under section 215(d) of the [Reserved] 1910.255 Resistance welding. Congressional Accountability Act. Unless 1910.144 Safety color code for marking phys- Subpart R—Special Industries otherwise specifically noted, any reference ical hazards. 1910.263 Bakery equipment. to a section number includes any appendices 1910.145 Specifications for accident preven- 1910.264 Laundry machinery and operations. to that section. tion signs and tags. 1910.265–1910.267 [Reserved] PART 1910—OCCUPATIONAL SAFETY AND 1910.146 Permit-required confined spaces. 1910.268 Telecommunications. HEALTH STANDARDS 1910.147 The control of hazardous energy 1910.269 Electric power generation, trans- Subpart B—Adoption and Extension of (lockout/tagout). mission, and distribution. Established Federal Standards Subpart K—Medical and First Aid Subpart S—Electrical Sec. 1910.151 Medical services and first aid. General 1910.12 Construction work. 1910.152 [Reserved] 1910.301 Introduction. 1910.18 Changes in established Federal Subpart L—Fire Protection Design Safety Standards for Electrical Sys- standards. 1910.155 Scope, application and definitions tems 1910.19 Special provisions for air contami- applicable to this subpart. 1910.302 Electric utilization systems. nants. 1910.156 Fire brigades. 1910.303 General requirements. Subpart C—General Safety and Health Portable Fire Suppression Equipment 1910.304 Wiring design and protection. Provisions [Reserved] 1910.157 Portable fire extinguishers. 1910.305 Wiring methods, components, and Subpart D—Walking—Working Surfaces 1910.158 Standpipe and hose systems. equipment for general use. Fixed Fire Suppression Equipment 1910.306 Specific purpose equipment and in- 1910.21 Definitions. 1910.159 Automatic sprinkler systems. stallations. 1910.22 General requirements. 1910.160 Fixed extinguishing systems, gen- 1910.307 Hazardous (classified) locations. 1910.23 Guarding floor and wall openings eral. 1910.308 Special systems. and holes. 1910.161 Fixed extinguishing systems, dry 1910.309–1910.330 [Reserved] 1910.24 Fixed industrial stairs. chemical. Safety-Related Work Practices 1910.25 Portable wood ladders. 1910.162 Fixed extinguishing systems, gas- 1910.331 Scope. 1910.26 Portable metal ladders. eous agent. 1910.332 Training. 1910.27 Fixed ladders. 1910.163 Fixed extinguishing systems, water 1910.333 Selection and use of work practices. 1910.28 Safety requirements for scaffolding. spray and foam. 1910.334 Use of equipment. 1910.29 Manually propelled mobile ladder Other Fire Protective Systems 1910.335 Safeguards for personnel protection. stands and scaffolds (towers). 1910.164 Fire detection systems. 1910.336—1910.360 [Reserved] 1910.30 Other working surfaces. 1910.165 Employee alarm systems. Safety-Related Maintenance Requirements Subpart E—Means of Egress Appendices to Subpart L 1910.361—1910.380 [Reserved] 1910.35 Definitions. Appendix A to Subpart L—Fire Protection Safety Requirements for Special Equipment 1910.36 General requirements. Appendix B to Subpart L—National Con- 1910.381—1910.398 [Reserved] 1910.37 Means of egress, general. sensus Standards Definitions 1910.38 Employee emergency plans and fire Appendix C to Subpart L—Fire Protection 1910.399 Definitions applicable to this sub- prevention plans. References for Further Information part.

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Subparts U–Y—[Reserved] 1926.54 Nonionizing radiation. 1926.405 Wiring methods, components, and equipment for general use. 1910.442—1910.999 [Reserved] 1926.55 Gases, vapors, fumes, dusts, and mists. 1926.406 Specific purpose equipment and in- Subpart Z—Toxic and Hazardous Substances stallations. 1910.1000 Air contaminants. 1926.56 Illumination. 1926.57 Ventilation. 1926.407 Hazardous (classified) locations. 1910.1001 Asbestos. 1926.408 Special systems. 1910.1002 Coal tar pitch volatiles; interpre- 1926.58 [Reserved] 1926.59 Hazard communication. 1926.409–1926.415 [Reserved] tation of term. Safety-Related Work Practices 1910.1003 13 Carcinogens (4-Nitrobiphenyl, 1926.60 Methylenedianiline. 1926.61 Retention of DOT markings, plac- 1926.416 General requirements. etc.) 1926.417 Lockout and tagging of circuits. 1910.1004 alpha-Naphthylamine. ards and labels. 1926.62 Lead. 1926.418–1926.430 [Reserved] 1910.1005 [Reserved] Safety-Related Maintenance and Environ- 1910.1006 Methyl chloromethyl ether. 1926.63 Cadmium (This standard has been redesignated as 1926.1127). mental Considerations 1910.1007 3,3’-Dichlorobenzidine (and its 1926.431 Maintenance of equipment. salts). 1926.64 Process safety management of high- ly hazardous chemicals. 1926.432 Environmental deterioration of 1910.1008 bis-Chloromethyl ether. equipment. 1910.1009 beta-Naphthylamine. 1926.65 Hazardous waste operations and emergency response. 1926.433–1926.440 [Reserved] 1910.1010 Benzidine. Safety Requirements for Special Equipment 1910.1011 4-Aminodiphenyl. 1926.66 Criteria for design and construction for spray booths. 1926.441 Battery locations and battery 1910.1012 Ethyleneimine. charging. 1910.1013 beta-Propiolactone. Subpart E—Personal Protective and Life Saving Equipment 1926.442–1926.448 [Reserved] 1910.1014 2-Acetylaminofluorene. Definitions 1910.1015 4-Dimethylaminoazobenzene. 1926.95 Criteria for personal protective 1926.449 Definitions applicable to this sub- 1910.1016 N-Nitrosodimethylamine. equipment. part. 1910.1017 Vinyl chloride. 1926.96 Occupational foot protection. Subpart L—Scaffolding 1910.1018 Inorganic arsenic. 1926.97 [Reserved] 1910.1020 Access to employee exposure and 1926.98 [Reserved] 1926.450 [Reserved] medical records. 1926.99 [Reserved] 1926.451 Scaffolding. 1910.1025 Lead. 1926.100 Head protection. 1926.452 Guardrails, handrails, and covers. 1910.1027 Cadmium. 1926.101 Hearing protection. 1926.453 Manually propelled mobile ladder 1910.1028 Benzine. 1926.102 Eye and face protection. stands and scaffolds (towers). 1910.1029 Coke oven emissions. 1926.103 Respiratory protection. Subpart M—Fall Protection 1910.1030 Bloodborne pathogens. 1926.104 Safety belts, lifelines, and lanyards 1926.500 Scope, application, and definitions 1910.1043 Cotton dust. 1926.105 Safety nets applicable to this subpart. 1910.1044 1,2-dibromo-3-chloropropane. 1926.106 Working over or near water. 1926.501 Duty to have fall protection. 1910.1045 Acrylonitrile. 1926.107 Definitions applicable to this sub- 1926.502 Fall protection systems criteria 1910.1047 Ethylene oxide. part. and practices. 1910.1048 Formaldehyde. Subpart F—Fire Protection and Prevention 1926.503 Training requirements. 1910.1050 Methylenedianiline. 1926.150 Fire protection. Appendix A to Subpart M—Determining Roof 1910.1096 Ionizing radiation. 1926.151 Fire prevention. Widths 1910.1200 Hazard communication. 1926.152 Flammable and combustible liq- Appendix B to Subpart M—Guardrail Sys- 1910.1201 Retention of DOT markings, plac- uids. tems ards and labels. 1926.153 Liquefied petroleum gas (LP-Gas). Appendix C to Subpart M—Personal Fall Ar- 1910.1450 Occupational exposure to haz- 1926.154 Temporary heating devices. rest Systems ardous chemicals in laboratories. 1926.155 Definitions applicable to this sub- Appendix D to Subpart M—Positioning De- APPENDIX B TO PART 1900 REFERENCES TO part. vice Systems SECTIONS OF PART 1926, 29 CFR ADOPTED AS Subpart G—Signs, Signals, and Barricades Appendix E to Subpart M—Sample Fall Pro- OCCUPATIONAL SAFETY AND HEALTH STAND- tection Plans 1926.200 Accident prevention signs and tags. ARDS UNDER SECTION 215(d) OF THE CAA 1926.201 Signaling. Subpart N—Cranes, Derricks, Hoists, The following is a reference listing of the 1926.202 Barricades. Elevators, and Conveyors sections and subparts of Part 1926, 29 CFR, 1926.203 Definitions applicable to this sub- 1926.550 Cranes and derricks. which are adopted as occupational safety and part. 1926.551 Helicopters. health standards under section 215(d) of the Subpart H—Materials Handling, Storage, 1926.552 Material hoists, personnel hoists Congressional Accountability Act. Unless Use, and Disposal and elevators. otherwise specifically noted, any reference 1926.553 Base-mounted drum hoists. to a section number includes the appendices 1926.250 General requirements for storage. 1926.554 Overhead hoists. to that section. 1926.251 Rigging equipment for material 1926.555 Conveyors. handling. 1926.556 Aerial lifts. PART 1926—SAFETY AND HEALTH 1926.252 Disposal of waste materials. REGULATIONS FOR CONSTRUCTION Subpart O—Motor Vehicles and Mechanized Subpart I—Tools—Hand and Power Equipment Subpart C—General Safety and Health 1926.300 General requirements. Provisions 1926.600 Equipment. 1926.301 Hand tools. 1926.601 Motor vehicles. Sec. 1926.302 Power operated hand tools. 1926.602 Material handling equipment. 1926.20 General safety and health provi- 1926.303 Abrasive wheels and tools. 1926.603 Pile driving equipment. sions. 1926.304 Woodworking tools. 1926.604 Site clearing. 1926.21 Safety training and education. 1926.305 Jacks—lever and ratchet, screw and 1926.22 Recording and reporting of injuries. hydraulic. Subpart P—Excavations [Reserved] 1926.306 Air Receivers. 1926.650 Scope, application, and definitions 1926.23 First aid and medical attention. 1926.307 Mechanical power-transmission ap- applicable to this subpart. 1926.24 Fire protection and prevention. paratus. 1926.651 Specific Excavation Requirements. 1926.25 Housekeeping. Subpart J—Welding and Cutting 1926.652 Requirements for protective sys- 1926.26 Illumination. tems. 1926.27 Sanitation. 1926.350 Gas welding and cutting. Appendix A to Subpart P—Soil Classification 1926.28 Personal protective equipment. 1926.351 Arc welding and cutting. Appendix B to Subpart P—Sloping and 1926.29 Acceptable certifications. 1926.352 Fire prevention. Benching 1926.31 Incorporation by reference. 1926.353 Ventilation and protection in weld- Appendix C to Subpart P—Timber Shoring 1926.32 Definitions. ing, cutting, and heating. for Trenches 1926.33 Access to employee exposure and 1926.354 Welding, cutting and heating in Appendix D to Subpart P—Aluminum Hy- medical records. way of preservative coatings. draulic Shoring for Trenches 1926.34 Means of egress. Subpart K—Electrical Appendix E to Subpart P—Alternatives to 1926.35 Employee emergency action plans. General Timber Shoring

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Appendix F to Subpart P—Selection of Pro- 1926.959 Lineman’s body belts, safety straps, REVIEW AND REPORT OF THE APPLICABILITY TO tective Systems and lanyards. THE LEGISLATIVE BRANCH OF FEDERAL LAW Subpart Q—Concrete and Masonry 1926.960 Definitions applicable to this sub- RELATING TO TERMS AND CONDITIONS OF EM- Construction part. PLOYMENT AND ACCESS TO PUBLIC SERVICES 1926.700 Scope, application, and definitions, Subpart W—Rollover Protective Structures; AND ACCOMMODATIONS applicable to this subpart. Overhead Protection [Prepared by the Board of Directors of the 1926.701 General requirements. 1926.1000 Rollover protective structures Office of Compliance Pursuant to Section 1926.702 Requirements for equipment and (ROPS) for material handling equipment. 102(b) of the Congressional Accountability tools. 1926.1001 Minimum performance criteria for Act of 1995 (PL 104–1), Dec. 31, 1996] 1926.703 Requirements for cast-in-place con- rollover protective structures for des- SECTION 102 (b) REPORT crete. ignated scrapers, loaders, dozers, graders, 1926.704 Requirements for precast concrete. and crawler tractors. Section 102(a) of the Congressional Ac- 1926.705 Requirements for lift-slab construc- 1926.1002 Protective frame (ROPS) test pro- countability Act (CAA) lists the eleven laws tion operations. cedures and performance requirements that ‘‘shall apply, as prescribed by this Act, 1926.706 Requirements of masonry construc- for wheel-type agricultural and indus- to the legislative branch of the Federal Gov- tion. trial tractors used in construction. ernment.’’ Section 102(b) directs the Board of Appendix to Subpart Q—References to sub- 1926.1003 Overhead protection for operators Directors (Board) of the Office of Compliance part Q of Part 1926 of agricultural and industrial tractors. to: ‘‘review provisions of Federal law (includ- Subpart R—Steel Erection ing regulations) relating to (A) the terms Subpart X—Stairways and Ladders and conditions of employment (including 1926.750 Flooring requirements. 1926.1050 Scope, application, and definitions hiring, promotion, demotion, termination, 1926.751 Structural steel assembly. applicable to this subpart. salary, wages, overtime compensation, bene- 1926.752 Bolting, riveting, fitting-up, and 1926.1051 General Requirements. fits, work assignments or reassignments, plumbing-up. 1926.1052 Stairways. grievance and disciplinary procedures, pro- 1926.753 Safety Nets. 1926.1053 Ladders. tection from discrimination in personnel ac- Subpart S—Tunnels and Shafts, Caissons, 1926.1054–1926.1059 [Reserved] tions, occupational health and safety, and Cofferdams, and Compressed Air 1926.1060 Training Requirements. family and medical and other leave) of em- 1926.800 Underground construction. Appendix A to Subpart X—Ladders ployees, and (B) access to public services and 1926.801 Caissons. Subpart Z—Toxic and Hazardous Substances accommodations.’’ 1926.802 Cofferdams. 1926.1100 [Reserved] And, on the basis of this review, 1926.803 Compressed air. 1926.1101 Asbestos. ‘‘[b]eginning on December 31, 1996, and every 1926.804 Definitions applicable to this sub- 1926.1102 Coal tar pitch volatiles; interpre- 2 years thereafter, the Board shall report on part. tation of term. (A) whether or to what degree the provisions Appendix A to Subpart S—Decompression 1926.1103 4-Nitrobiphenyl. described in paragraph (1) are applicable or Tables 1926.1104 alpha-Naphthylamine. inapplicable to the legislative branch, and Subpart T—Demolition 1926.1105 [Reserved] (B) with respect to provisions inapplicable to 1926.850 Preparatory operations. 1926.1106 Methyl chloromethyl ether. the legislative branch, whether such provi- 1926.851 Stairs, passageways, and ladders. 1926.1107 3.3’-Dichlorobenzidine (and its sions should be made applicable to the legis- 1926.852 Chutes. salts). lative branch.’’ 1926.853 Removal of materials through floor 1926.1108 bis-Chloromethyl ether. In preparing this report, the Board has re- openings. 1926.1109 beta-Naphthylamine. viewed the entire United States Code to 1926.854 Removal of walls, masonry sec- 1926.1110 Benzidine. identify those laws and associated regula- tions, and chimneys. 1926.1111 4-Aminodiphenyl. tions of general application that relate to 1926.855 Manual removal of floors. 1926.1112 Ethyleneimine. terms and conditions of employment or ac- 1926.856 Removal of walls, floors, and mate- 1926.1113 beta-Propiolactone. cess to public accommodations and services. rial with equipment. 1926.1114 2-Acetylaminofluorene. In other words, the Board has reviewed those 1926.857 Storage. 1926.1115 4-Dimethylaminoazobenzene. provisions of law that confer employment 1926.858 Removal of steel construction. 1926.1116 N-Nitrosodimethylamine. rights or benefits on or affect workplace con- 1926.859 Mechanical demolition. 1926.1117 Vinyl chloride. ditions of employees, and that create a cor- 1926.860 Selective demolition by explosives. 1926.1118 Inorganic arsenic. responding mandate for employers, or that Subpart U—Blasting and Use of Explosives 1926.1127 Cadmium. relate to access to public services or accom- 1926.1128 Benzene. modations. The Board excluded from consid- 1926.900 General provisions. 1926.1129 Coke oven emissions. eration those laws that, although employ- 1926.901 Blaster qualifications. 1926.1144 1,2-dibromo-3-chloropropane. ment-related, (1) are specific to narrow or 1926.902 Surface transportation of explo- 1926.1145 Acrylonitrile. specialized industries or types of employ- sives. 1926.1147 Ethylene oxide. ment not found in the legislative branch 1926.903 Underground transportation of ex- 1926.1148 Formaldehyde. (e.g., employment in maritime or mining in- plosives. dustries, or the armed forces, or employment 1926.904 Storage of explosives and blasting Appendix A to Part 1926—Designations for General Industry Standards in a project funded by federal grants or con- agents. tracts); or (2) establish government programs 1926.905 Loading of explosives or blasting f of research, data-collection, advocacy, or agents. OFFICE OF COMPLIANCE REPORT training, but do not establish correlative 1926.906 Initiation of explosive charges— TO CONGRESS rights and responsibilities for employees and electric blasting. employers (e.g., statutes authorizing the 1926.907 Use of safety fuse. Mr. THURMOND. Mr. President, pur- Women’s Bureau of Labor Statistics); or (3) 1926.908 Use of detonating cord. suant to section 102(b) of the Congres- authorize, but do not require, that employers 1926.909 Firing the blast. sional Accountability Act of 1995 (2 provide benefits to employees, (e.g., so-called 1926.910 Inspection after blasting. U.S.C. sec. 1302(b)), the Board of Direc- ‘‘cafeteria plans’’ authorized by 26 U.S.C. 1926.911 Misfires. tors of the Office of Compliance has 125). 1926.912 Underwater blasting. submitted a report to Congress. This For ease of reference, the results of this re- 1926.913 Blasting in excavation work under search are presented in four tables, each of compressed air. document is titled a ‘‘Review and Re- port of the Applicability to the Legis- which contains a matrix of analysis con- 1926.914 Definitions applicable to this sub- sisting of four parts. The first column of part. lative Branch of Federal Law Relating each table lists the name or a short descrip- Subpart V—Power Transmission and to Terms and Conditions of Employ- tion of the law; the second gives the United Distribution ment and Access to Public Services and States Code citation and any relevant Code 1926.950 General requirements. Accommodations.’’ of Federal Regulations citation; the third 1926.951 Tools and protective equipment. Section 102(b) requires this report to summarizes the provision of law to illustrate 1926.952 Mechanical equipment. be printed in the CONGRESSIONAL the extent to which it relates to terms and 1926.953 Material handling. RECORD, and referred to committees conditions of employment or access to public 1926.954 Grounding for protection of em- with jurisdiction. Therefore I ask services or accommodations; and, the fourth ployees. analyzes the extent of the provision’s appli- 1926.955 Overhead lines. unanimous consent that the report be cation in the legislative branch. Because 1926.956 Underground lines. printed in the RECORD. many statutes are either silent or ambiguous 1926.957 Construction in energized sub- There being no objection, the report in their definition of coverage, and because stations. was ordered to be printed in the the issue is only infrequently litigated, it is 1926.958 External load helicopters. RECORD, as follows: often difficult to determine definitively

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S71 whether a statute is applicable to the legis- ing an employee because that employee’s al organizing principle. Some of the statutes lative branch. The Board has generally fol- wages have been subject to garnishment. The or provisions of statutes already apply to lowed the principle that coverage must be fourth provision in Table D prohibits an em- some entities within the legislative branch, clearly and unambiguously stated. ployer from discharging an employee be- but not to others; while a number do not Table A lists and reviews those provisions cause that employee was called to serve on a have any application to any entity within of law relating to terms and conditions of jury. The next two entries, title II and III of the legislative branch. Moreover, the execu- employment or access to public accommoda- the Civil Rights Act of 1964, prohibit dis- tive branch and the Congress are presently tions and services that are generally applica- crimination on the basis of race, color, reli- in the process of reexamining the application ble in the private sector and/or in state and gion, or national origin in the provision of of federal civil service law in some parts of local government, and that are already ap- public accommodations and services. The the executive branch. While such review is plicable to entities in the legislative branch final two entries review the employee pro- underway, the Board has determined that it of the federal government. This table in- tection provisions contained in seven envi- would be premature to consider applying to cludes nine of the statutes made applicable ronmental protection statutes. the Congress the very provisions at issue. to the legislative branch by the CAA.1 Having completed the review and analysis Additionally, such determinations involve, Table B lists and reviews those provisions summarized in the tables, the Board next in part, weighing the merits of the protec- of law that apply only in the federal public considered the basis on which to decide tions afforded by CAA against those provided sector, and have no application in the pri- whether those statutes that were currently under other statutory schemes. But in this, vate sector or in state or local governments. inapplicable to the legislative branch its first year of administering the CAA, it Table B includes the two exclusively federal ‘‘should’’ be applied to the legislative would be premature for the Board to make factor laws applied to the legislative branch branch. The statutory mandate of Section such comparative judgments. Therefore, in 2 by the CAA. Also listed in this table are the 102(b) could be interpreted to require the light of the priorities established by the CAA civil service laws in title 5 of the United Board to report on whether all the provisions and the prematurity of review at this time, States Code, the employment-related laws analyzed in the tables should or should not the Board decided to defer reporting on the applicable to Congress and the President, now be made fully applicable to all entities statutes listed in Table B for future reports. and a variety of other employment-related within the legislative branch. The Board did Likewise, prudential concerns led the laws applicable only in the federal public not do so because, as even a cursory review Board to defer consideration of the statutes sector. of those tables demonstrates, that task is found in Table C. Although Table C com- Table C lists and reviews five private sec- the work of many hands and many years. prises a universe of statutes that are cur- tor and/or state and local government provi- rently inapplicable to entities in the legisla- Moreover, section 102(b)(2), in mandating sions of law that do not apply in the legisla- tive branch, the Congress has already applied that the Board report biennially, argues for tive branch. The five provisions of law listed comparable provisions to legislative branch accomplishing such statutory change on an in this table are: the Government Employees entities. As the Board gains rulemaking and incremental basis through an ongoing re- Rights Act of 1991, a provision of the Immi- adjudicatory experience in the application of porting process. Accordingly, the Board has gration Reform Control Act, the National the CAA to the legislative branch, the Board decided to focus this, its first report, on the Labor Relations Act, the Employee Retire- will be better situated to formulate rec- statutes in Table D, for which there is cur- ment Income Security Act, and provisions of ommendations about appropriate changes in rently no coverage in the legislative branch, the Consolidated Omnibus Budget Reconcili- those different statutory schemes. Thus, the and to defer consideration of those provi- ation Act of 1998 (COBRA). In the fourth col- Board has determined to defer consideration sions of private and public sector laws in ta- umn of this table, the Board identifies other of the laws in table C in this first report. bles A, B, and C, not currently fully applica- provisions of law, currently applicable in the Table A, as noted above, comprises the uni- ble to the legislative branch, for discussion legislative branch, that confer similar or re- verse of private sector law and/or state and in future reports. lated rights and protections to those pro- local government law that Congress has, The Board’s rationale for setting these pri- vided by the five private sector provisions of with only limited exception, already applied orities in its first biennial report derives law. Those provisions that, in the Board’s to the legislative branch, including nine of from its reading of the CAA and from pru- view, create corresponding rights and protec- the laws made applicable by the CAA. Be- dential institutional concerns. Because the tions for the legislative branch are: the anti- cause of the obvious importance of these statute does not give direct guidance, the discrimination provisions of the Congres- laws to the CAA, the Board intends to under- Board set its priorities from the priorities sional Accountability Act, Legislative take a more in depth study of the specific ex- found in the CAA. The CAA focuses almost Branch Appropriations Acts, the Federal ceptions created by Congress, with the goal entirely on private sector law, applying to Service Labor-Management Relations Stat- of issuing an interim report prior to Decem- the legislative branch only two exclusively ute provisions, as applied by the Congres- ber 31, 1998 with regard to whether and to federal public sector provisions of law. This sional Accountability Act, the Federal Em- what degree the provisions excepted from the reading of the legislative priorities estab- ployees Retirement System provisions, and laws set forth in Table A should be made ap- lished in the CAA is supported by the state- the Federal Employees Health Benefits Pro- plicable to the legislative branch. ment of Senator Grassley, one of the bill’s Turning now to those statutes in Table D gram, respectively. Table D contains the Board’s review of sponsors, who called for an end to the situa- that currently do not apply to the legislative thirteen other private sector and/or state tion in which ‘‘[t]here is one set of protec- branch, the Board reports below on whether and local government provisions of law that tions for people in the private sector whose those provisions should or should not be ap- do not apply or have very limited application employees are protected by the employment, plied to the legislative branch. Because a to entities in the legislative branch. The safety and civil rights laws, but no protec- major goal of the CAA was to achieve parity first entry in the table discusses a provision tion, or very little protection for employees with the private sector, the Board has deter- 3 The Board has determined in the Immigration Reform and Control Act, on Capitol Hill.’’ mined that, if our review reveals no impedi- likewise to focus attention in its first bien- which forbids discrimination by employers ment to applying the provision in question nial report on private sector law. Further, on the basis of national origin or citizenship to the legislative branch, it should be made the Board made its first priority the cases status. Entry two prohibits employment dis- applicable. where, as Senator Grassley put it, there is crimination based on the fact that an em- Prohibition against discrimination based on na- currently ‘‘no protection, or very little pro- ployee has declared personal bankruptcy. tional origin or citizenship status (8 U.S.C. tection’’ in the legislative branch. Accord- Entry three prohibits an employer from fir- 1324b) ingly, the Board focused on reporting on pri- Section 1324b of the Immigration Reform vate sector laws found in Table D that cur- and Control Act (IRCA) prohibits employ- 1 The nine CAA statutes treated in Table A are: rently have no or very limited application to ment discrimination by employers of three the Fair Labor Standards Act of 1938 (29 U.S.C. 201 entities in the legislative branch. et seq.), Title VII of the Civil Rights Act of 1964 (42 or more employees against a person because U.S.C. 2000e et seq.), the Americans with Disabilities The Board next considered how to treat of national origin or citizenship status. This Act of 1990 (42 U.S.C. 12101 et seq.), the Age Discrimi- the statutes in the other tables. Because the section of IRCA, on its face, does not appear nation in Employment Act of 1967 (29 U.S.C. 621 et CAA itself was concerned almost exclusively to apply to entities in the legislative branch. seq.), the Family and Medical Leave Act of 1993 (29 with the application of private sector law to The national origin discrimination provi- U.S.C. 2611 et seq.), the Occupational Safety and the legislative branch, the Board gave the Health Act of 1970 (29 U.S.C. 651 et seq.), the Employ- sions of IRCA, by their terms, do not apply federal sector statutes found in Table B a to any employer that is covered by Title VII. ment Polygraph Protection Act of 1988 (29 U.S.C. low priority. Further, determining which 2001 et seq.), the Worker Adjustment and Retraining 8 U.S.C. 1324b(a)(2)(B). The CAA already ap- Notification Act (29 U.S.C. 2101 et seq.), and Chapter currently inapplicable provisions of federal plies the rights and protections of Title VII 43 (relating to uniformed services employment and civil service law could and ‘‘should’’ be ap- to legislative branch employment and there- reemployment) of title 38, United States Code. (See plied to the legislative branch and, if so, to fore, IRCA’s national origin discrimination Table B for the two CAA statutes applicable only in which entities, is difficult. Table B indicates provisions would not apply, even if IRCA was the federal public sector.) how disparate the application of federal sec- generally extended to the legislative branch. 2 The two statutes made applicable to the legisla- tor laws currently is in the legislative While IRCA prohibits citizenship status tive branch by the CAA are: Chapter 71 (relating to branch and the difficulty in finding a ration- federal service labor-management relations) of title discrimination generally, it permits such 5, United States Code, and the Rehabilitation Act of discrimination to the extent such discrimi- 1973 (29 U.S.C. 701 et seq.). 3 141 Cong. Rec. S622 (daily ed. Jan. 9, 1995). nation is required by federal, state, or local

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S72 CONGRESSIONAL RECORD — SENATE January 7, 1997 law, regulation, or executive order. 8 U.S.C. vate employers, so it currently has no appli- Employee protection provisions in the environ- 1324b(a)(2)(C). Thus, IRCA gives governments cation to the legislative branch. For the rea- mental protection statutes (15 U.S.C. 2622; an ‘‘override’’ power with respect to their son set forth above, the Board has deter- 33 U.S.C. 1367; 42 U.S.C. 300j–9(i), 5851, 6971, own hiring practices, and in establishing em- mined that the rights and protections 7622, 9610) ployment in a government contract with pri- against discrimination on this basis should These provisions generally protect an em- vate employers, to require American citizen- be applied to employing offices within the ployee from discrimination in employment ship as a condition of employment. IRCA, if legislative branch. because the employee has commenced, or applied to the legislative branch, would like- Prohibition against discrimination on the basis caused to be commenced, proceedings under wise allow legislative branch entities, by law of jury duty (28 U.S.C. 1875) the applicable statutes, has testified or is or regulation, to require American citizen- Section 1875 provides that no employer about to testify in any such proceedings, or ship as a condition of employment in any shall discharge, threaten to discharge, in- has participated or is about to participate in covered facility. The legislative branch has, timidate, or coerce any permanent employee any way in such proceedings. It is unclear to in the context of appropriations bills, im- by reason of such employee’s jury service, or what extent, if any, these provisions apply to posed citizenship restrictions on federal gov- the attendance or scheduled attendance in entities in the legislative branch. Further- ernment hiring. See, e.g., Pub. L. No. 104–52, connection with such service, in any court of more, even if applicable or partially applica- title VI, § 606, 109 Stat. 497 (Nov. 19, 1995) (ex- the United States. This section currently ble, it is unclear whether and to what extent cept as otherwise provided, no part of any does not cover legislative branch employ- the legislative branch has the type of em- appropriation contained in this or any other ment. For the reason set forth above, the ployees and employing offices that would be act shall be used to pay the compensation of Board has determined that the rights and subject to these provisions. Consequently, any officer or employee of the Government protections against discrimination on this the Board reserves judgment on whether or of the U.S. whose post of duty is the conti- basis should be applied to employing offices not these provisions should be made applica- nental U.S. unless such person is a U.S. cit- within the legislative branch. ble to the legislative branch at this time. izen or intended citizen or meets other speci- fied requirements). Therefore, application of Titles II and III of the Civil Rights Act of 1964 Thus, pursuant to section 102(b), the Board this section of IRCA would be without sig- (42 U.S.C. 2000a to 2000a–6, 2000b to 2000b– submits this review and report, concluding nificant effect. 3) that the following provisions of law, summa- These titles prohibit discrimination or seg- rized in Table D, should be applied to the leg- Prohibition against discrimination on the basis islative branch: 11 U.S.C. 525 (bankruptcy); 15 of bankruptcy (11 U.S.C. 525) regation on the basis of race, color, religion, or national origin regarding the goods, serv- U.S.C. 1675(a) (garnishment); 28 U.S.C. 1875 Section 525(a) provides that ‘‘a government ices, facilities, privileges, advantages, and (jury duty); and titles II and III of the Civil unit’’ may not deny employment to, termi- accommodations of ‘‘any place of public ac- Rights Act of 1964 (42 U.S.C. 2000a to 2000a–6, nate the employment of, or discriminate commodation’’ as defined in the Act. Al- 2000b to 2000b–3) (public accommodations and with respect to employment against, a per- though the CAA incorporated the protec- services). son that is or has been a debtor under the tions of titles II and III of the ADA, which (The analysis and conclusions in this re- bankruptcy statutes. This provision cur- prohibit discrimination on the basis of dis- view and report are being made solely for the rently does not apply to the legislative ability with respect to access to public serv- purposes set forth in section 102(b) of the branch. For the reason stated above, the ices and accommodations, it does not extend Congressional Accountability Act. Nothing Board reports that the rights and protections protection based upon race, color, religion, in this review and report is intended or against discrimination on this basis should or national origin. Since those protections of should be construed as a definitive interpre- be applied to employing offices within the titles II and III of the Civil Rights Act do not tation of any factual or legal question by the legislative branch. currently apply to entities in the legislative Office of Compliance or its Board of Direc- Prohibition against discharge from employment branch, the Board has determined that the tors.) by reason of garnishment (15 U.S.C. 1674(a)) rights and protections afforded by titles II (The Board of Directors of the Office of Section 1674(a) prohibits discharge of any and III of the Civil Rights Act of 1964 against Compliance gratefully acknowledges the employee because his or her earnings ‘‘have discrimination with respect to places of pub- contributions of Lawrence B. Novey and been subject to garnishment for any one in- lic accommodation should be applied to em- Nicola O. Goren for their work on this review debtedness.’’ This section is limited to pri- ploying offices within the legislative branch. and report.) TABLE A—PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENT PROVISIONS OF LAW AND RIGHTS AND PROTECTIONS ALREADY APPLICABLE IN THE LEGISLATIVE BRANCH

Provisions that relate to the terms and conditions of em- Name or topic U.S. Code provisions and corresponding Federal regula- ployment, or to access to public services or accommoda- Whether or to what degree the provisions are applicable tions, if any tions or inapplicable to the legislative branch

Restrictions on garnishment ...... 15 U.S.C. 1673 ...... Provision restricts the amount by which an employee’s Provisions of law apply in the legislative branch by vir- 5 C.F.R. parts 581 and 582 generally (Regulations of the earnings may be subject to garnishment to satisfy tue of 5 U.S.C. 5520a. Office of Personnel Management) employee debts to creditors. Provision relating to promise of employment for political 18 U.S.C. 600 ...... Provision prohibits the promise of employment, position, Provisions apply in the legislative branch. activity. or compensation etc. made possible by an Act of Con- gress, to any person as consideration, favor or reward, for political activity, support, opposition, or in connec- tion with any primary election or political convention. Provision relating to deprivation of employment for polit- 18 U.S.C. 601 ...... Provision prohibits the causing or attempting to cause Provisions apply in the legislative branch. ical contribution. any person to make a political contribution through the denial or deprivation, or threat thereof, of any em- ployment, position, or work in or for any agency or other entity of Government of the United States where such employment, position, or work is made possible by an Act of Congress. Provisions relating to peonage and involuntary servitude .. 18 U.S.C. 1581 and 1584 ...... Provisions establish criminal penalties for holding any- Provisions apply in the legislative branch. one in a condition of peonage or involuntary servitude. Fair Labor Standards Act and the Portal to Portal Act 29 U.S.C. 201 to 219 ...... Provisions govern overtime pay, minimum wage, and Certain provisions of the FLSA were made applicable to (FLSA). 29 U.S.C. 251 to 262. child labor protections. Also require that women re- the legislative branch by section 203 of the CAA. 29 C.F.R. parts 510 to 580 generally, and part 775 ceive equal pay for equal work. The provisions of the Among those not made applicable are those relating (Regulations of the Secretary of Labor). Portal to Portal Act generally allow an employer to use to record-keeping, notice posting, and the power of 142 Cong. Rec. S3924 to S3949 (April 23, 1996) (Regu- as a defense a good faith reliance upon applicable the Department of Labor to audit employers and en- lations of the Office of Compliance). interpretative bulletins of the Secretary of Labor. force the law. The CAA generally requires that the Board of Directors of the Office of Compliance issue implementing regulations that are the same as sub- stantive regulations of the Secretary of Labor, except where good cause exists to modify them. Discrimination on the basis of age ...... 29 U.S.C. 621 to 633a ...... The Age Discrimination in Employment Act of 1967 pro- Section 201(a) of the CAA requires that ‘‘[a]ll personnel 29 C.F.R. parts 1625 to 1627 (Interpretations, proce- hibits employment discrimination against persons 40 actions affecting covered employees shall be made dures, etc. of the Equal Employment Opportunity Com- years of age and over. free from any discrimination based on—. . . (2) age, mission). within the meaning of section 15 of the Age Discrimi- nation in Employment Act of 1967.’’ Section 201(b)(2) also provides that the remedy for a violation would be ‘‘(A) such remedy as would be appropriate if awarded under section 15(c) of the Age Discrimination in Em- ployment Act of 1967 . . .; and (B) such liquidated damages as would be appropriate if awarded under section 7(b) of such Act.’’ The Board has not adopted substantive regulations on age discrimination.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S73 TABLE A—PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENT PROVISIONS OF LAW AND RIGHTS AND PROTECTIONS ALREADY APPLICABLE IN THE LEGISLATIVE BRANCH— Continued

Provisions that relate to the terms and conditions of em- Name or topic U.S. Code provisions and corresponding Federal regula- ployment, or to access to public services or accommoda- Whether or to what degree the provisions are applicable tions, if any tions or inapplicable to the legislative branch

Occupational Safety and Health Act of 1970 ...... 29 U.S.C. 651 to 677 ...... Protects the safety and health of employees from phys- Certain provisions were made applicable to the legisla- 29 C.F.R. parts 1900 to 1926 (Regulations of the Occu- ical, chemical, and other hazards in their places of tive branch by the CAA, effective January 1, 1997. pational Safety and Health Administration, Dept. of employment. Among those not made applicable are those relating Labor). to record keeping. The CAA generally requires that the 142 Cong. Rec. H10711 to H10719, S11019 to S11027 Board of Directors of the Office of Compliance issue (Sept. 19, 1996) (proposed Regulations of the Office implementing regulations that are the same as sub- of Compliance). stantive regulations of the Secretary of Labor, except where cause exists to modify them. Provisions relating to lie detector tests ...... 29 U.S.C. 2001 to 2009 ...... The Employee Polygraph Protection Act of 1988 restricts Section 204 of the CAA states that no employing office 29 C.F.R. part 801 (Regulations of the Secretary of the use of lie detector tests by employers. may require a covered employee to take a lie detector Labor). test ‘‘where such a test would be prohibited if re- 142 Cong. Rec. S3917 to S3924 (Apr. 23, 1996) (Regula- quired by an employer under paragraph (1), (2), or (3) tions of the Office of Compliance). of section 3 of the Employee Polygraph Protection Act of 1988 . . .’’. Section 204 also applies the waiver provisions of section 6(d) and a remedy ‘‘as would be appropriate if awarded under section 6(c)(1) of that Act.’’ The CAA generally requires that the Board of Di- rectors of the Office of Compliance issue imple- menting regulations that are the same as substantive regulations of the Secretary of Labor, except where good cause exists to modify them. Provisions relating to notification in the event of mass 29 U.S.C. 2101 to 2109 ...... The Worker Adjustment and Retraining Notification Act Section 205 of the CAA states that no employing office layoffs or closings. 20 C.F.R. part 639 (Regulations of the Employment and assures employees of notice in advance of office or may close or order a mass layoff ‘‘within the meaning Training Administration, Dept. of Labor). plant closings or mass layoffs in certain situations. of section 3 of the Worker Adjustment and Retraining 142 Cong. Rec. S3949 to S3952 (Apr. 23, 1996) (Regula- Notification Act . . .’’ if the employing office has not tions of the Office of Compliance). given employees 60 days written notice. Section 205 further states that a remedy for a violation would be ‘‘such remedy as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a)’’ of that Act. The CAA generally requires that the Board of Directors of the Office of Compliance issue imple- menting regulations that are the same as substantive regulations of the Secretary of Labor, except where good cause existed to modify them. Family and Medical Leave Act ...... 29 U.S.C. 2601 to 2654 ...... Entitles eligible employees to up to twelve weeks of un- Certain provisions of the law were made applicable to 29 C.F.R. part 825 (Regulations of the Secretary of paid leave for certain family and medical reasons. the legislative branch by section 202 of the CAA. Labor). Among those not made applicable are those relating 142 Cong. Rec. S3896 to S3917 (Apr. 23, 1996) (Regula- to record keeping. The CAA generally required that the tions of the Office of Compliance). Board of Directors of the Office of Compliance issue implementing regulations that are the same as sub- stantive regulations of the Secretary of Labor, except where good cause exists to modify them. Uniformed Services Employment and Reemployment Rights 38 U.S.C. 4301 to 4333 ...... Provisions protect employment rights for individuals who Section 206 of the CAA makes it unlawful to discrimi- 5 C.F.R. part 353 for executive branch (Regulations of serve in the military and other uniformed services. nate against an eligible employee ‘‘within the mean- the Office of Personnel Management). ing of subsections (a) and (b) of section 4311 of title 38, United States Code,’’ or ‘‘deny to an eligible em- ployee reemployment rights within the meaning of sections 4312 and 4313 of title 38, United States Code,’’ or ‘‘deny to an eligible employees benefits within the meaning of section 4316, 4317, and 4318 of title 38, United States Code.’’ The CAA also applies such remedy ‘‘as would be appropriate if awarded under paragraphs (1), (2)(A), and (3) of section 4323(c) of title 38, United States Code.’’ Provisions relating to Social Security Insurance ...... 42 U.S.C. 401 to 433 ...... Provisions entitle former employees to disability and old- Provisions apply in the legislative branch. However, em- 20 C.F.R. parts 404, 410, 416 (Regulations of the Social age insurance payments in certain situations. ployment in the legislative branch prior to 1984 and Security Administration). employment of individuals after 1984 who chose to 42 C.F.R. parts 405, 406, 424 (Regulations of the Health remain in the civil service retirement system are not Care Financing Administration, HHS). covered employment for purposes of social security. Title VII of the Civil Rights Act of 1964—Equal Employ- 42 U.S.C. 2000e to 2000e–17; damages in 42 U.S.C. Provisions prohibit discrimination in employment based Certain provisions of the law were made applicable to ment Opportunities. 1981a(a)(1) and (b). on race, color, religion, sex, or national origin. the legislative branch by section 201 of the CAA. 29 C.F.R. part 1601 generally (Procedural regulations of Those not made applicable include the provision al- the Equal Employment Opportunity Commission). lowing for punitive damages, and those vesting en- forcement authority in the Equal Employment Oppor- tunity Commission and the Attorney General. The Board has not promulgated substantive regulations concerning these anti-discrimination provisions. Discrimination in employment on the basis of disability ... 42 U.S.C. 12101 to 12213 ...... Title I of the Americans with Disabilities Act of 1990 Section 201 of the CAA requires that ‘‘[a]ll personnel ac- 29 C.F.R. parts 1602, 1614, 1640, 1641 (Record keeping generally prohibits discrimination in employment of tions affecting covered employees shall be made free and reporting requirements of the Equal Employment the basis of disability. from any discrimination based on—. . . (3) disability, Opportunity Commission). within the meaning of . . . sections 102 through 104 of the Americans with Disabilities Act of 1990 . . .’’. The CAA also provides that the remedy for a violation would be ‘‘(A) such remedy as would be appropriate if awarded under section . . . 107(a) of the Americans with Disabilities Act of 1990 . . .; and (B) such com- pensatory damages as would be appropriate if award- ed under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irrespective of the size of the em- ploying office, 1977A(b)(3)(D) of the Revised Statutes . . .’’. The Board has not adopted substantive regula- tions on disability discrimination. Discrimination in the provision of public services and ac- 42 U.S.C. 12101 to 12213 ...... Titles II and III of the Americans with Disabilities Act of Section 210 of the CAA states that ‘‘the rights and pro- commodations on the basis of disability. 28 C.F.R. part 35 (Regulations of the Attorney General). 1990 generally prohibit discrimination in the provision tections against discrimination in the provision of 49 C.F.R. parts 27, 37, 38 (Regulations of the Secretary of public services and accommodations on the basis public services and accommodations established by of Transportation). of disability. sections 201 through 230, 302, 303, and 309 of the 142 Cong. Rec. H10676 to H10711, S10984 to S11019 Americans with Disabilities Act of 1990’’ shall apply (Sept. 19, 1996) (proposed Regulations of the Office to covered entities, effective January 1, 1997. Section of Compliance). 210 further states that the remedy for a violation would be ‘‘such remedy as would be appropriate if awarded under section 203 or 308(a) of the Ameri- cans with Disabilities Act of 1990.’’ The CAA generally requires that the Board of Directors of the Office of Compliance issue implementing regulations that are the same as substantive regulations of the Attorney General and the Secretary of Transportation, except where good cause exists to modify them.

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Provisions that relate to the terms and conditions of em- Name or topic U.S. Code provisions and corresponding Federal regula- ployment, or to access to public services or accommoda- Whether or to what degree the provisions are applicable tions, if any tions or inapplicable to the legislative branch

Provisions relating to the Congress ...... 2 U.S.C. 31 to end (except sections 1201–1202, 1301– Provisions include sections relating to compensation lev- Provisions apply to various entities within the legislative 1438, discussed below). els, rules for travel reimbursement, and other com- branch. pensation and employment benefit-related allowances for Members of Congress, their staffs, and the staffs of many legislative branch agencies. Congressional Accountability Act of 1995 (CAA) ...... 2 U.S.C. 1301 to 1438 ...... The CAA applies eleven federal employment and labor Provisions of law and regulations apply to covered of- 142 Cong. Rec. S3896 to S3952 generally (Apr. 23, laws to the legislative branch. fices within the legislative branch. 1996) (Regulations of the Board of Directors and the Executive Director of the Office of Compliance). Provisions relating to the President ...... 3 U.S.C. 101–209 ...... Provisions establish compensation levels and other mon- Provisions do not apply in the legislative branch. etary allowances for the President, Vice President, the White House staff, and the United States Secret Serv- ice Uniformed Division. Presidential and Executive Office Accountability Act ...... PL 104–331 ...... Provisions apply eleven federal employment and labor Provisions do not apply in the legislative branch. How- laws to the executive branch. ever, this law is comparable to the Congressional Ac- countability Act of 1995, which does apply in the leg- islative branch. Privacy Act ...... 5 U.S.C. 552a ...... The Privacy Act protects from disclosure records main- Provisions do not apply in the legislative branch. Regulations pursuant to the Privacy Act are promulgated tained by agencies on individuals. With respect to by each individual agency subject to the Act. federal employees, the Privacy Act protects them from unwanted access into their personal files. Provisions establishing the Merit Systems Protection 5 U.S.C. 1201 to 1222 ...... The Merit Systems Protection Board was established to Provisions apply to the Government Printing Office and Board and Office of Special Counsel. 5 C.F.R. parts 120 to 1209 (Regulations of the Merit hear, adjudicate, and enforce many employment and to legislative branch agencies that have positions in Systems Protection Board). labor disputes for employees in the competitive serv- the competitive service. 5 C.F.R. parts 1800 to 1850 (Regulations of the Office of ice. The Office of Special Counsel was established to Special Counsel). protect employees in the executive branch from pro- hibited employment practices. Merit Systems Principles and Prohibited Personnel Prac- 5 U.S.C. 2301 to 2305 ...... Provisions establish principles to be applied in the im- Provisions and regulations apply to the Government tices. 5 C.F.R. parts 300 & 720 (Regulations of the Office of plementation of federal personnel management, and Printing Office. Personnel Management). prohibit discriminatory personnel practices. Authority to hire personal assistants for handicapped em- 5 U.S.C. 3102 ...... Provision authorizes agencies to employ personal assist- Provision applies to the General Accounting Office and ployees. Regulations are promulgated by each individual agency ants for handicapped employees, including blind and the Library of Congress. subject to these provisions. deaf employees. Restriction on employment of relatives...... 5 U.S.C. 3110 ...... Provision restricts the employment, appointment, pro- Provisions apply to ‘‘an office, agency, or other estab- 5 C.F.R. part 310 (Regulations of the Office of Personnel motion, and advancement by public officials of rel- lishment in the legislative branch.’’ Management). atives. Provision relating to appointment of disabled veterans ..... 5 U.S.C. 3112 ...... Provision allows agencies to make noncompetitive ap- Provision applies to agencies in the legislative branch 5 C.F.R. 720.301 et seq. (Regulations of the Office of pointments of disabled veterans. that have positions in the competitive service. Personnel Management). Senior Executive Service ...... 5 U.S.C. 3131 to 3136, 3391 to 3397, 3591 to 3596, Provisions throughout title 5 relate to terms and condi- Provisions do not apply in the legislative branch. 4311 to 4315, 4507. tions of employment within the Senior Executive Serv- 5 C.F.R. parts 214, 293, 317, 352, 359, 412, 430 (Regu- ice, including compensation, benefits, incentives, lations of the Office of Personnel Management). qualifications, removal, and performance appraisals. Civil Service ...... 5 U.S.C. 3301 ...... Provision empowers the President to prescribe regula- Provisions do not apply in the legislative branch. 5 C.F.R. parts 771 & 930 (Regulations of the Office of tions for the admission of individuals into the civil Personnel Management). service in the executive branch, and to ascertain fit- ness of applicants. Competitive Service ...... 5 U.S.C. chapter 33 ...... Provisions create the competitive service and relate to Provisions apply only to legislative branch agencies that 5 C.F.R. generally (Regulations of the Office of Personnel terms and conditions of employment within the com- have positions in the competitive service. Management). petitive service including, appointment, examinations, qualifications, preference eligibility for veterans and certain other individuals, separation, promotion, and assignments. Political Recommendations ...... 5 U.S.C. 3303 ...... Provision requires that appointments to positions in the Provisions apply only to legislative branch agencies that competitive service, the senior executive service, or have positions in the competitive service. the excepted service be made without regard to any recommendation or statement by any Member of Con- gress or congressional employee, any elected official of the government of any State, county, city or other subdivision or any other individual or organization making the recommendation on the basis of the ap- plicant’s party affiliation. Ramspeck Act provisions ...... 5 U.S.C. 3304(c) ...... Provisions give preference for transfer to the competitive Provisions apply to employees in the legislative branch 5 C.F.R. parts 315 to 316 (Regulations of the Office of service for certain legislative branch employees with who are paid by the Secretary of the Senate or the Personnel Management). at least 3 years of service, and certain judicial Clerk of the House of Representatives. branch employees with at least 4 years of service, who are involuntarily separated without prejudice from the legislative or judicial branch and transfer to the competitive service within 1 year of separation. Selective Service Registration ...... 5 U.S.C. 3328 ...... Provisions make a person required to register under the Provision applies to the General Accounting Office. 5 C.F.R. part 300 (Regulations of the Office of Personnel Selective Service who has not done so ineligible to Management). apply to a position within an Executive agency. Part-Time Career Employment Opportunities ...... 5 U.S.C. 3401 to 3408 ...... Provisions require the heads of agencies to establish Provisions apply to the Architect of the Capitol, the Bo- 5 C.F.R. part 340 generally (Regulations of the Office of and maintain a program for part-time career employ- tanic Garden, the General Accounting Office and the Personnel Management). ment. Restricts agencies’ ability to abolish filled full- Library of Congress. time positions to make room for part-time positions. Also protects full-time employees from being forced into part-time status. Retention preference ...... 5 U.S.C. 3501 to 3504 ...... Provisions create retention preferences and notice re- Provisions of law do not apply in the legislative branch 5 C.F.R. parts 351 & 432 (Regulations of the Office of quirements in case of reduction in force, transfer of (the General Accounting Office was removed from cov- Personnel Management). agency functions or replacement of an agency by an- erage by the General Accounting Office Personnel Act). other agency. However, the Office of Personnel Management’s regu- lations apply to employees in the legislative branch whose positions are in the competitive service. Reemployment after service with an international organi- 5 U.S.C. 3581 to 3584 ...... Provisions protect the benefits, leave, and employment of Provisions apply in the legislative branch. zation. 5 C.F.R. 352.301 et seq. (Regulations of the Office of certain employees who transfer temporarily to an Personnel Management). international organization. Training ...... 5 U.S.C. 4101 to 4119 ...... Provisions require the head of each agency to establish, Provisions apply to the Government Printing Office, the 5 C.F.R. part 410 generally (Regulations of the Office of operate, and maintain programs for training of em- Library of Congress, and the General Accounting Of- Personnel Management). ployees in or under the agency in conformity with this fice. Section 4119 allows Architect of the Capitol to law. apply provisions of the law deemed necessary for the training of employees of the Architect of the Capitol and the Botanic Garden. Performance Appraisals ...... 5 U.S.C. 4301 to 4305 ...... Provisions require each agency to develop performance Provisions apply to the Government Printing Office. 5 C.F.R. parts 430 & 432 generally (Regulations of the appraisal systems to provide periodic appraisals of Office of Personnel Management). job performance of employees and to use the results of the performance appraisals in personnel decisions. Incentive awards for superior accomplishments ...... 5 U.S.C. 4501 to 4509 ...... Provisions allow the head of an agency to reward em- Provisions apply to the Architect of the Capitol, the Bo- 5 C.F.R. part 451 (Regulations of the Office of Personnel ployees in the form of a cash award over and above tanic Garden, the General Accounting Office, the Gov- Management). their regular salary, or, under OPM regulations, to give ernment Printing Office, and the Library of Congress. employees paid time off as an award in recognition of superior accomplishment. Awards for cost saving disclosures ...... 5 U.S.C. 4511 to 4513 ...... Provisions allow the Inspector General or other des- Provisions apply to the General Accounting Office. ignated official of an executive agency to pay a cash award to an employee of the agency whose disclosure of fraud, waste, or mismanagement has resulted in cost savings for the agency.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S75 TABLE B—PROVISIONS OF LAW THAT APPLY ONLY IN THE FEDERAL PUBLIC SECTOR—Continued

Provisions that relate to the terms and conditions of em- Name or topic U.S. Code provisions and corresponding Federal regula- ployment, or to access to public services or accommoda- Whether or to what degree the provisions are applicable tions, if any tions or inapplicable to the legislative branch

Awards to law enforcement officers for foreign language 5 U.S.C. 4521 to 4523 ...... Provisions allow an agency to pay a cash award to law Provisions apply to the Architect of the Capitol, the Gov- capabilities. enforcement officers who possess and make substan- ernment Printing Office, the Library of Congress, and tial use of 1 or more foreign languages in the per- the Botanic Garden. (It has not been ascertained formance of official duties. whether any of these agencies have the type of em- ployee that would be covered by this provision.) Pay Systems ...... 5 U.S.C. 5101 to 5392 ...... Provisions establish the General Schedule classification Most provisions apply to one or more legislative branch 5 C.F.R. generally (Regulations of the Office of Personnel system for pay, locality-based comparability payments, agencies, including the Library of Congress, the Gov- Management). pay systems for other government entities, the Execu- ernment Printing Office, the Architect of the Capitol, tive Schedule classification system, prevailing rates, and the Botanic Garden. grade and pay retention, and payment in certain cir- cumstances of employees’ student loans. Withholding Pay ...... 5 U.S.C. 5511 to 5520a ...... Allows withholding from employees’ pay for payments Most provisions apply in the legislative branch. Regulations are promulgated by each individual agency such as debts to the United States, District of Colum- subject to these provisions. bia income taxes, other state taxes, state retirement systems, city or county income or employment taxes, debts owed to creditors following a legal process. Dual Pay and Dual Employment ...... 5 U.S.C. 5531 to 5537 ...... Provisions impose restrictions on dual government em- Statutory provisions apply throughout the legislative 5 C.F.R. parts 550 & 553 (Regulations of the Office of ployment, extra pay, and receiving two or more gov- branch. The regulations of the Office of Personnel Personnel Management). ernment paychecks at the same time. Management apply to the General Accounting Office. Premium Pay ...... 5 U.S.C. 5541 to 5550a ...... Provisions allow for overtime pay for hours worked over Statutory provisions apply to covered employees of cov- 5 C.F.R. parts 550 and 551 (Regulations of the Office of 40 in a workweek or hours worked over 8 in a day, ered legislative branch agencies, including the Library Personnel Management). compensatory time off, and premium pay for holidays of Congress, the Botanic Garden, the Architect of the and Sundays, for certain employees of the Federal Capitol, the General Accounting Office and, in part, to Government. the Government Printing Office as well. The regula- tions of the Office of Personnel Management apply to the General Accounting Office. Payment for accumulated and accrued annual leave ...... 5 U.S.C. 5551 to 5553 ...... Provisions allow for employees to receive a lump sum Provisions apply in the legislative branch. payment for accumulated and accrued annual leave upon separation from government service. Payments to missing employees ...... 5 U.S.C. 5561 to 5570 ...... Provisions allow for payments to employees who are Provisions apply to the General Accounting Office. 32 C.F.R. part 718 (Regulations of the Department of the missing in certain circumstances. Army, DOD) 22 C.F.R. part 19 (Regulations of the Sec- retary of State). Settlement of Accounts ...... 5 U.S.C. 5581 to 5584 ...... Provisions allow for payment of money due to an em- Provisions apply in the legislative branch. 4 C.F.R. parts 33, 91, 92 (Regulations of the General Ac- ployee at the time of death of the employee and, in counting Office). certain circumstances, for recoupment by the govern- ment of overpayments or erroneous payments to em- ployees. Severance pay and Back pay ...... 5 U.S.C. 5595 to 5597 ...... Provisions allow for severance pay upon separation from Provisions generally apply to the General Accounting Of- 5 C.F.R. 550.701 et seq., 550.801 et seq. (Regulations of government service and back pay due to unjustified fice, the Government Printing Office, and the Library the Office of Personnel Management). personnel actions in certain circumstances. of Congress. Travel and subsistence expenses; Mileage allowances ...... 5 U.S.C. 5701 to 5709 ...... Provisions establish rules and policies regarding per Provisions generally apply in the legislative branch. 41 C.F.R. parts 301 to 304 (Federal Travel Regulations). diems and traveling on official business, transpor- tation expenses, mileage and related allowances, and subsistence and travel expenses for federal employees. Travel and transportation expenses for new appointees, 5 U.S.C. 5721 to 5735 ...... Provisions establish rules and policies for travel and Provisions apply to the General Accounting Office, the Li- student trainees, and transferred employees. 5 C.F.R. part 572 generally (Regulations of the Office of transportation reimbursement for new appointees, stu- brary of Congress, the Botanic Garden, the Govern- Personnel Management). dent trainees, transferred employees, employees as- ment Printing Office. signed to danger areas, and storage and other mis- cellaneous expenses. Basic 40-hour workweek; work schedules ...... 5 U.S.C. 6101 ...... Provisions establish the 40-hour workweek and work Statutory provisions apply to the General Accounting Of- 5 C.F.R. part 610 (Regulations of the Office of Personnel schedules in the federal government. fice, and are optional for the Library of Congress, the Management). Botanic Garden, the Architect of the Capitol. The reg- ulations of the Office of Personnel Management apply to the General Accounting Office. Holidays ...... 5 U.S.C. 6103 and 6104 ...... Provisions establish statutory public holidays for govern- Provisions apply in the legislative branch. 5 C.F.R. 610.301 et seq. (Regulations of the Office of ment employees; also entities daily, hourly, or piece- Personnel Management). work employees to be paid for holidays. Flexible and Compressed Work Schedules ...... 5 U.S.C. 6120 to 6133 ...... Provisions allow the heads of agencies to establish flexi- Statutory provisions apply to the General Accounting Of- 5 C.F.R. 610.401 et seq. (Regulations of the Office of ble work schedule programs and compressed work fice, the Government Printing Office, and the Library Personnel Management). week schedules, within certain guidelines. of Congress. The regulations of the Office of Personnel 5 C.F.R. 2472.6 (Regulations of the Federal Labor Rela- Management apply to the General Accounting Office. tions Authority). The Federal Labor Relations Authority regulations apply to the Government Printing Office and the Li- brary of Congress. Annual and Sick Leave ...... 5 U.S.C. 6301 to 6312 ...... Provisions establish rules for government employees to Provisions apply in the legislative branch except they do 5 C.F.R. part 630 (Regulations of the Office of Personnel accrue and accumulate annual and sick leave. not apply to employees of the House of Representa- Management). tives or the Senate. Leave for jury or witness service ...... 5 U.S.C. 6322 ...... Provision entitles government employees to leave without Provision applies in the legislative branch except for in- loss of, or reduction in pay, or leave, for jury duty or dividuals whose pay is disbursed by the Secretary of to be a witness in a judicial proceeding in which the the Senate or the Clerk of the House of Representa- United States, the District of Columbia or a State or tives. local government is a party. In certain situations, an employee called as a witness will be considered on official duty status. Military Leave; Reserves and National Guardsmen ...... 5 U.S.C. 6323 ...... Provision entitles government employees to leave without Provision applies in the legislative branch. loss of, or reduction in pay, etc. in connection with certain reserve duties, military training. Absence resulting from hostile action abroad ...... 5 U.S.C. 6325 ...... Provision entitles government employees not to have Provision applies in the legislative branch. leave charged to their account for up to one year if their leave is due to an injury incurred while serving abroad and resulting from war, insurgency, mob vio- lence, or similar hostile action and not due to the employee himself. Absence for funerals of immediate relatives in the Armed 5 U.S.C. 6326 ...... Provision entitles employees whose immediate relative Provisions applies to the General Accounting Office. Forces. 5 C.F.R. part 630 (Regulations of the Office of Personnel has died as a result of wounds, disease or injury in- Management). curred while serving in the armed forces in a combat zone, to up to three days leave, without loss of pay, leave, etc. Absence in connection with serving as a bone-marrow or 5 U.S.C. 6327 ...... Provision entitles employees to leave without loss of or Provision applies to the General Accounting Office. organ donor. reduction in pay, leave, etc. when such employees need leave to serve as a bone-marrow or organ donor. Voluntary transfers of leave and Voluntary Leave Bank 5 U.S.C. 6331 to 6373 ...... Provisions establish policies under which annual leave Provisions apply in the legislative branch except they do Program. 5 C.F.R. part 630 (Regulations of the Office of Personnel accrued or accumulated by an employee may be (1) not apply to employees of the House of Representa- Management). transferred to the annual leave account of any other tives or the Senate. employee if the recipient requires additional leave due to a medical emergency, or (2) contributed to a leave bank established by the employment agency and made available to any employee requiring it due to a medical emergency.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S76 CONGRESSIONAL RECORD — SENATE January 7, 1997 TABLE B—PROVISIONS OF LAW THAT APPLY ONLY IN THE FEDERAL PUBLIC SECTOR—Continued

Provisions that relate to the terms and conditions of em- Name or topic U.S. Code provisions and corresponding Federal regula- ployment, or to access to public services or accommoda- Whether or to what degree the provisions are applicable tions, if any tions or inapplicable to the legislative branch

Family and Medical Leave ...... 5 U.S.C. 6381 to 6387 ...... Provisions entitle an employee to take leave for certain Provisions apply in the legislative branch except they do 5 C.F.R. part 630 Regulations of the Office of Personnel family and medical related reasons. not apply to employees of the House of Representa- Management). tives or the Senate. Under section 202 of the CAA, the General Accounting Office and the Library of Congress are removed from coverage of these provisions and made subject to provisions of title 29 U.S.C., gov- erning family and medical leave, effective one year after the study required by section 230 of the CAA is transmitted to Congress. Furthermore, employees of certain other legislative branch entities are included within the terms of both 5 U.S.C. 6381 to 6387 and section 202 of the CAA, which applies certain provi- sions of title 29, U.S.C., relating to family and med- ical leave. (See table A) Federal Service Labor-Management Provisions ...... 5 U.S.C. 7101 to 7135 ...... Provisions protect the rights of employees in the Federal Chapter 71 of title 5 and applicable regulations apply to 5 C.F.R. chapter 24 generally (Regulations of the Federal Government to form, join, or assist any labor organi- the Government Printing Office and the Library of Labor Relations Authority). zation, or to refrain from any such activity, without Congress. Certain provisions of chapter 71 were made 142 Cong. Rec. H10369 to H10384, S10405 to S10420 fear of penalty or reprisal. applicable to the legislative branch by section 220 of (Sept. 12, 1996) (Regulations of the Office of Compli- the CAA. Among those provisions not made applicable ance under section 220(d) of the CAA. are those relating to injunctive relief. However, the CAA generally required that the Board of Directors of the Office of Compliance issue implementation regula- tions that are the same as substantive regulations of the Federal Labor Relations Authority except where good cause existed to modify them. Provisions relating to Anti-Discrimination in Employment 5 U.S.C. 7201 to 7204 ...... Provisions establish policy to insure equal employment Provision prohibiting discrimination on the basis of mar- 5 C.F.R. 720.101 et seq. (Regulations of the Office of opportunities for employees without discrimination be- ital status or handicapping condition applies to com- Personnel Management). cause of race, color, religion, sex, or national origin. petitive service positions in the legislature branch. Provisions prohibit discrimination on the basis of martial status or handicapping condition. Require ex- ecutive agencies to recruit minorities. Employees’ right to petition Congress ...... 5 U.S.C. 7211 ...... Provision protects employees’ rights to petition Congress Provision applies in the legislative branch. or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Mem- ber thereof. Employment Limitations ...... 5 U.S.C. 7311 to 7313 ...... Provide that an individual is ineligible to accept or hold Statutory provisions apply to the legislative branch. Of- 5 C.F.R. part 732 (Regulations of the Office of Personnel a position in the Government of the United States or fice of Personnel Management regulations apply to Management). District of Columbia for certain specified reasons in- competitive service positions in the legislative branch. cluding if he advocates or is a member of an organi- zation that advocates the overthrow of government; participates in a strike or asserts the right to strike, or is a member of an organization that asserts the right to strike against the U.S. or D.C. government. Political Participation ...... 5 U.S.C. 7321 to 7326 ...... Imposes various restrictions on the political activities of Provisions apply to entities in the legislative branch with 5 C.F.R. parts 733 to 734 (Regulations of the Office of Federal employees. positions in the competitive service. Personnel Management). Foreign Gifts and Decorations ...... 5 U.S.C. 7342 ...... Establishes and limits the right of government employ- Provisions apply to employees in the legislative branch, Regulations are promulgated by each individual agency ees to accept gifts or decorations from foreign gov- as well as Members of Congress. subject to these provisions. ernments. Misconduct ...... 5 U.S.C. 7351 to 7353 ...... Prohibits gifts to superiors and prohibits certain gifts to Statutory provisions apply to employees in the legislative 5 C.F.R. part 2635 generally (Regulations of the Office of employees. branch. Regulations of the Office of Government Eth- Government Ethics) ics apply only in the executive branch. Adverse Actions ...... 5 U.S.C. 7501 to 7543 ...... Creates disciplinary proceedings and sanctions for em- Provisions apply to competitive service positions in the 5 C.F.R. parts 752, 930, 990 (Regulations of the Office ployees under the Merit Systems Protections Board legislative branch. of Personnel Management). system. Safety Programs ...... 5 U.S.C. 7902 ...... Requires the heads of agencies to develop and support Provisions apply in the legislative branch. (NB: Executive organized safety promotion to reduce accidents and Order 12196, which was promulgated under 5 U.S.C. injuries among employees of the agency. 7902 and sets forth specific duties for heads of fed- eral agencies in establishing health and safety pro- grams, covers only executive branch agencies.) Employee Assistance Programs relating to drug and alco- 5 U.S.C. 7904 ...... Requires the heads of Executive agencies to establish Provisions apply to GAO. hol abuse. employee assistance programs for drug and alcohol abuse for employees of the agency. Compensation for Work Injuries ...... 5 U.S.C. 8101 to 8193 ...... Provisions establish systems for compensation and job Provisions apply in the legislative branch. 20 C.F.R. parts 1, 10, 25 (Regulations of the Office of retention for employees injured, disabled or killed on Worker’s Compensation Programs, Dept. of Labor). the job. 5 C.F.R. part 353 (Regulations of the Office of Personnel Management). Civil Service Retirement and Federal Employees Retire- 5 U.S.C. 8301 to 8407 ...... Provisions establish retirement systems for employees of Provisions apply in the legislative branch. ment Systems. 5 C.F.R. parts 831, 841 to 846 (Regulations of the Office the United States Government (and others) and in- of Personnel Management). clude annuities, thrift savings, retirement on dis- 5 C.F.R. chapter 16 (Regulations of the Federal Retire- ability, and early retirement. ment Thrift Supervision Board). Unemployment Compensation ...... 5 U.S.C. 8501 to 8525 ...... Provisions establish systems for payment of unemploy- Provisions apply in the legislative branch except they do 20 C.F.R. parts 609 & 614 (Regulations of the Employ- ment compensation by states to former federal em- not apply to Members of Congress. ment and Training Administration, Dept. of Labor). ployees. Life Insurance ...... 5 U.S.C. 8701 to 8716 ...... Provisions establish system for life insurance for govern- Provisions apply in the legislative branch. 5 C.F.R. parts 870 to 874 (Regulations of the Office of ment employees. Personnel Management). Health Insurance ...... 5 U.S.C. 8901 to 8914 ...... Provisions establish health insurance system for govern- Provisions apply in the legislative branch. 5 C.F.R. parts 890 to 891 (Regulations of the Office of ment employees. Provisions include continuation cov- Personnel Management). erage similar to COBRA’s. (See Table C). Provisions relating to criminal penalties for government 18 U.S.C. 203, 205, 207 to 209 ...... Provisions imposed criminal penalties on certain govern- Provisions apply in the legislative branch. employees. Regulations are promulgated by each individual agency ment employees for, among other things, soliciting or subject to these provisions. taking bribes, acting as an agent or attorney for bringing claims against the United States, and for participating in an official capacity in official pro- ceedings in which the employee may have a personal interest. The provisions also prohibit former govern- ment employees from participating in certain types of actions following their departure from the government. Provisions relating to illegal government employee con- 18 U.S.C. 431 to 443 ...... Provisions impose criminal penalties on certain govern- Certain provisions apply in the legislative branch. tracts. ment employees for entering into contracts which, among other things, create a conflict of interest, or exceed appropriation amounts. Provisions relating to accounting generally for public 18 U.S.C. 643 ...... Provisions imposes criminal penalties for embezzlement Provisions apply in the legislative branch. money. of public monies by an officer, employee or agent of the United States, or of any department or agency thereof. Criminal penalties for certain violations by United States 18 U.S.C. 1913, 1915 to 1918 ...... Provisions impose criminal penalties on officers and em- Provisions apply in the legislative branch. employees. ployees of the United States, or of any department or agency thereof, for a variety of transgressions, includ- ing lobbying with appropriate moneys, unauthorized employment and disposition of lapsed appropriations, interference with civil service examinations, and dis- loyalty and asserting the right to strike against the government.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S77 TABLE B—PROVISIONS OF LAW THAT APPLY ONLY IN THE FEDERAL PUBLIC SECTOR—Continued

Provisions that relate to the terms and conditions of em- Name or topic U.S. Code provisions and corresponding Federal regula- ployment, or to access to public services or accommoda- Whether or to what degree the provisions are applicable tions, if any tions or inapplicable to the legislative branch

Provisions relating to discrimination on the basis of dis- 29 U.S.C. 701 to 797(b) ...... The Rehabilitation Act of 0000 requires affirmative ac- The Rehabilitation Act and applicable regulations apply ability. Regulations are promulgated by each individual agency tion in federal employment, requires federal buildings to the Government Printing Office and the Library of subject to these provisions. to be accessible, and bars discrimination on the basis Congress. Section 201 of the CAA requires that ‘‘[a]ll of disability by federal agencies. personnel actions affecting covered employees shall be made free from any discrimination based on— . . . (3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973. . .’’ The CAA also provides that the remedy for a violation would be ‘‘(A) such remedy as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973. . .; and (B) such compensatory damages as would be appropriate if awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irrespec- tive of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes. . .’’. The Board has not adopted substantive regulations on employment-re- lated disability discrimination. Government Accounting Office Personnel Act ...... 31 U.S.C. 731 to 736, 751 to 755 ...... Provisions authorize the Comptroller General to establish Provisions and regulations apply to the General Account- 4 C.F.R. parts 2 et seq. (Regulations of the Comptroller a personnel system for GAO, and create the Personnel ing Office. General and of the GAO Personnel Appeals Board). Appeals Board System for GAO employees. These pro- visions require that the personnel system for GAO in- clude rights and protections based on various provi- sions of employment and civil service law. Provisions relating to terms and conditions of employment 39 U.S.C. 1001 to 1011, 1201 to 1209 ...... Provisions establish framework for determining salaries, Provisions do not apply in the legislative branch. for postal employees. 39 C.F.R. parts 211, 255, 265, 760, 761, 946 (Regula- benefits, and leave for employees of the Postal Serv- tions of the Postal Service). ice. Provision relating to substance abuse among government 42 U.S.C. 290dd ...... Provision generally prohibits, with some exceptions, the Provisions apply in at least parts of the legislative and other employees. denial of federal civilian employment or a federal pro- branch. (See Judd v. Billington, 863 F.2d 103 fessional license or right solely on the grounds of (1988) (provision applies to employee of the Library of prior substance abuse. Congress).) Provisions relating to enforcement of child support and 42 U.S.C. 659 to 662 ...... Provisions allow for the garnishment of wages of em- Provisions apply in the legislative branch. alimony orders. Regulations are promulgated by each individual agency ployees of the United States government for payment subject to these provisions. of child support and alimony. Provisions relating to design and construction of public 42 U.S.C. 4151 to 4157 ...... Provisions require that United States public buildings Provisions of the law appear to apply on their face in buildings to accommodate physically handicapped per- 41 C.F.R. parts 101 to 119 generally (Regulations of the and facilities be constructed to insure wherever pos- the legislative branch. However, there is no enforce- sons. General Services Administration) sible that physically handicapped persons will have able right or remedy in the legislative branch. The access and use of the building or facility. standards enunciated by GSA in their regulations are, however, the same standards as those applied under title II of the ADA, which does apply in the legislative branch by virtue of section 210 of the CAA.

TABLE C—PRIVATE-SECTOR AND STATE AND LOCAL GOVERNMENT PROVISIONS OF LAW FOR WHICH CORRESPONDING RIGHTS AND PROTECTIONS UNDER OTHER FEDERAL-SECTOR LAWS COVER THE LEGISLATIVE BRANCH

Provisions that relate to the terms and conditions of em- Name or topic U.S. Code provisions and corresponding Federal regula- ployment, or to access to public services or accommoda- Whether or to what degree the provisions are applicable tions, if any tions or inapplicable to the legislative branch

Government Employees Rights Act of 1991 (GERA) ...... 2 U.S.C. 1201–1220 ...... As amended by the CAA, GERA protects the rights of cer- GERA does not apply to the legislative branch (except tain elected officials of State and local government with respect to claims that arose before the effective and their confidential assistants with respect to their date of the CAA). However, corresponding rights and public employment, to be free from discrimination on protections of Title VII of the Civil Rights Act of 1964, the basis of race, color, religion, sex, national origin, the Age Discrimination in Employment Act, the Ameri- age, and disability. cans with Disabilities Act, and the Rehabilitation Act were made applicable in the legislative branch by the CAA. Immigration Reform and Control Act (IRCA) provisions ..... 8 U.S.C. 1324a ...... Provision of IRCA makes it illegal for employers to hire Provision of IRCA does not apply in the legislative 8 C.F.R. part 274a (regulations of the Immigration and unauthorized aliens and requires employers to verify branch. However, the legislative branch has, in the Naturalization Service). employment authorization. context of appropriations bills, imposed citizenship re- strictions (and, therefore some form of employment verification) on federal government hiring. (See, e.g. P.L. 104–52, title VI, 606, 109 Stat. 497 (Nov. 19, 1995)). National Labor Relations Act (NLRA) ...... 29 U.S.C. 141 to 187 ...... Encourages the practice of collective bargaining and The NLRA does not apply in the legislative branch. How- 29 C.F.R. parts 100 to 103, 1401 to 1430 (Regulations protects the exercise by workers of full freedom of as- ever, the corresponding rights and protections of 5 of the National Labor Relations Board). sociation, self-organization, and designation of rep- U.S.C. chapter 71 were made applicable in the legis- resentatives of their own choosing for the purpose of lative branch by the CAA. negotiating the terms and conditions of their employ- ment or other mutual aid or protection. Employment Retirement Income Security Act (ERISA) ...... 29 U.S.C. 1001 to 1461 ...... ERISA governs the funding, vesting, and administration ERISA does not apply in the legislative branch. However, 29 C.F.R. chapter 25 (Regulations of the Pension and of pension plans with the goal of protecting interstate the legislative branch is covered by the corresponding Welfare Benefits Administration, Dept. of Labor). commerce, the Federal taxing power, and the interests rights and protections of civil service provisions of participants and beneficiaries of private pension through the Federal Employee Retirement System (5 plans. U.S.C. 8301 to 8479). COBRA provisions ...... 29 U.S.C. 1161 to 1169 ...... Provisions require most employer-sponsored group health COBRA does not apply to government insurance plans. plans to offer employees the ability to continue receiv- However, continuation coverage similar to that under ing health benefits in certain situations, for certain COBRA was enacted for federal employees in the Fed- period of time, and for certain premiums. eral Employees Health Benefits Amendments Act of 1988, codified at 5 U.S.C. 8905a. The Federal Employ- ees Health Benefits Program, which includes the con- tinuation coverage provided by the 1988 Act, is avail- able to all federal employees, including legislative branch employees.

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Provisions that relate to the terms and conditions of em- Name or topic U.S. Code provisions and corresponding Federal regula- ployment, or to access to public services or accommoda- Whether or to what degree the provisions are applicable tions, if any tions or inapplicable to the legislative branch

Immigration Reform and Control Act (IRCA) ...... 8 U.S.C. 1324b ...... Provision of IRCA prohibits employers from discriminating IRCA does not, by its terms, appear to apply to the leg- 28 C.F.R. part 44 (regulations of the Department of Jus- based on national origin or citizenship status. islative branch. However, the national origin discrimi- tice) nation provisions do not apply to any employer that is covered by Title VII of the Civil Rights Act of 1964, and consequently, would not apply in the legislative branch. Further, with respect to the citizenship provi- sions, IRCA gives an ‘‘override’’ power to federal gov- ernment agencies and employers by allowing them to exempt themselves from application of these provi- sions by regulation. Prohibition of discrimination on the basis of bankruptcy .. 11 U.S.C. 525 ...... Provision prohibits discrimination in employment by any Although ‘‘governmental unit’’ includes the United States ‘‘governmental unit’’ against any person who is or and a department, agency or instrumentality of the has been bankrupt or a debtor under this Act. Provi- United States, as well as state and local govern- sion also applies in the private sector. ments, it is not clear that the provision applies in the legislative branch. Restriction on discharge from employment by reason of 15 U.S.C. 1674(a) ...... Provision prohibits the discharge of an employee by rea- Provision applies in the private sector, where the Sec- garnishment. son of the fact that his earnings have been subjected retary of Labor has jurisdiction to enforce the law. to garnishment. Imposes a fine of up to $1000 or im- However, the circuits are split as to whether this sec- prisonment for willful violations.. tion allows for a private civil suit against an em- ployer. As for government employers, it appears that, because there is no waiver of sovereign immunity, this provision creates no enforceable right in the leg- islative branch. Protection of Juror’s Employment Act ...... 28 U.S.C. 1875 ...... Law prohibits an employer from discharging, threatening Provision does not appear to apply in the legislative to discharge, intimidating, or coercing any permanent branch. employee because of the employee’s jury service, or attendance in connection with such service, in any court of the United States. The provision allows an in- dividual claiming discrimination under this law to sue in district court. Remedies may include reinstatement, damages for lost wages or other benefits, and a civil penalty of up to $1000. Title II of the Civil Rights Act of 1964 (Title II) ...... 42 U.S.C. 2000a to 2000a–6 ...... Title II prohibits discrimination on the basis of race, Title II does not apply in the legislative branch. color, religion, or national origin, in the provision of public accommodations. Title III of the Civil Rights Act of 1964 (Title II) ...... 42 U.S.C. 2000b to 2000b–3 ...... Title III prohibits discrimination on the basis of race, Title III does not apply in the legislative branch. color, religion, or national origin, in the provision of public services and facilities.. Environmental Protection Statutes: Safe Drinking Water 42 U.S.C. 300j–9(i); 33 U.S.C. 1367; 15 U.S.C. 2622; 42 These statutory employee protection provisions provide None of these statutes appears to apply to employing of- Act, Water Pollution Control Act, Toxic Substances Con- U.S.C. 6971; 42 U.S.C. 7622; 42 U.S.C. 5851. that no employer subject to the provisions of the Fed- fices in the legislative branch. trol Act, Solid Waste Disposal Act, Clean Air Act, and 29 C.F.R. 24.2 (Enforcement Procedures of the Secretary eral statute of which these protective provisions are a Energy Reorganization Act of 1974. of Labor). part may discharge or otherwise discriminate against the employee with respect to compensation, terms, conditions, or privileges of employment because the employee, or any person acting on his behalf pursuant to the employee’s request, commenced, or caused to be commenced proceedings under the statutes, testi- fied or is about to testify in any such proceedings, or assisted or participated, or is about to assist or par- ticipate in any manner in proceedings under those statutes. Comprehensive, Environmental Response, Compensation, 42 U.S.C. 9610 ...... Provides that no person shall fire or in any other way 42 U.S.C. 9620 applies CERCLA to each department, and Liability Act. (CERCLA). 29 C.F.R. 24.2 (Enforcement procedures of the Secretary discriminate against, or cause to be fired or discrimi- agency, and instrumentality of the United States (in- of Labor). nated against, any employee or any authorized rep- cluding the executive, legislative, and judicial resentative of employees by reason of the fact that branches of government) to the same extent, both such employee or representative has provided infor- procedurally and substantively, as any nongovern- mation to a State or to the Federal Government, filed, mental entity. It is unclear whether and to what ex- instituted, or caused to be filed or instituted any pro- tent there are facilities and operations of entities ceedings under CERCLA, or has testified or is about within the legislative branch that would come within to testify in any administration or enforcement pro- the coverage of section 9620 and, therefore, within ceedings under CERCLA. the coverage of section 9610. Moreover, given that the exclusive means of enforcement of section 9610 is through the Secretary of Labor, an executive agency, such employee protection provisions would not likely apply to legislative branch entities.

INDEX OF STATUTORY AND REGULATORY TITLE 5 UNITED STATES CODE—GOVERNMENT 12. 5 U.S.C. 3112—Provision relating to ap- PROVISIONS REVIEWED ORGANIZATION AND EMPLOYEES pointment of disabled veterans. 5 C.F.R. 720.301 et seq.—Regulations of the Office of TITLE 1 UNITED STATES CODE—GENERAL 6. 5 U.S.C.—Privacy Act. Regulations pursu- Personnel Management. Table B. PROVISIONS ant to the Privacy Act are promulgated by each individual agency subject to the Act. 13. 5 U.S.C. 3131 to 3136, 3391 to 3397, 3591 to No provisions were found in title 1 that re- Table B. 3596, 4311 to 4315, 4507—Senior Executive late to the terms and conditions of employ- 7. 5 U.S.C. 1201 to 1222—Provisions estab- Service. 5 C.F.R. parts 214, 293, 317,352, 359, ment. lishing the Merit Systems Protection Board 412, 430—Regulations of the Office of Per- TITLE 2 UNITED STATES CODE—THE CONGRESS and Office of Special Counsel. 5 C.F.R. parts sonnel Management. Table B. 14. 5 U.S.C. chapter 33 general—Competitive 12000 to 1209—Regulations of the Merit Sys- 1. 2 U.S.C. 31 to end (except sections 1201– Service. 5 C.F.R. generally—Regulations of tems Protection Board. 5 C.F.R. parts 1800 to 1220, 1301–1438, discussed below. Table B. the Office of Personnel Management. Table 1850—Regulations of the Office of Special 2. 2 U.S.C. 1201 to 1220—the Government B. Counsel. Table B. Employees Rights Act of 1991. Table C. 15. 5 U.S.C. 3301—Civil Service. 5 C.F.R. 8. 5 U.S.C. 1501 et seq.—Provisions applying 3. 2 U.S.C. 1301 to 1438—the Congressional parts 771 & 930—Regulations of the Office of Hatch Act type restrictions to state and Accountability Act of 1995. 142 Cong. Rec. Personnel Management. Table B. local employees in certain circumstances re- S3896 to S3952 generally—Regulations issued 16. 5 U.S.C. 3303—Political Recommenda- lates to grants to states. Not included in re- by the Board of Directors and the Executive tions. Table B. port. Director of the Office of Compliance. Table 17. 5 U.S.C. 3304(c)—Ramspeck Act provi- B. 9. 5 U.S.C. 2301 to 2305—Provisions estab- sions. 5 C.F.R. parts 315 to 316—Regulations of lishing Merit Systems Principles. 5 C.F.R. the Office of Personnel Management. Table TITLE 3 UNITED STATES CODE—THE PRESIDENT parts 300 & 720—Regulations of the Office of B. 4. 3 U.S.C. 101 to 209—the President. Table Personnel Management. Table B. 18. 5 U.S.C. 3328—Selective Service Reg- B. 10. 5 U.S.C. 3102—Authority to hire per- istration. 5 C.F.R. part 300—Regulations of 5. P.L. 104–331—The Presidential and Exec- sonal assistants for handicapped employees. the Office of Personnel Management. Table utive Office Accountability Act. Table B. Regulations are promulgated by each indi- B. vidual agency subject to these provisions. 19. 5 U.S.C. 3401 to 3408—Part-Time Career TITLE 4 UNITED STATES CODE—FLAG AND SEAL, Table B. Employment Opportunities. 5 C.F.R. part SEAT OF GOVERNMENT AND THE STATES 11. 5 U.S.C. 3110—Restriction on employ- 340—Regulations of the Office of Personnel No provisions were found in title 4 that re- ment of relatives. 5 C.F.R. part 310—Regula- Management. Table B. late to the terms and conditions of employ- tions of the Office of Personnel Management. 20. 5 U.S.C. 3501 to 3504—Retention pref- ment. Table B. erence. 5 C.F.R. parts 351 & 432—Regulations

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S79 of the Office of Personnel Management. 46. 5 U.S.C. 6331 to 6340—Voluntary Trans- 28 C.F.R. part 44—Regulations of the De- Table B. fers of Leave. 5 C.F.R. parts 630—Regulations partment of Justice. Table D. 21. 5 U.S.C. 3581 to 3584—Reemployment of the Office of Personnel Management. TITLE 9 UNITED STATES CODE—ARBITRATION after service with an international organiza- Table B. No provisions were found in title 9 that re- tion. 5 C.F.R. 352.301 et seq.—Regulations of 47. 5 U.S.C. 6361 to 6363—Voluntary Leave lated to the terms and conditions of employ- the Office of Personnel Management. Table Bank Program. 5 C.F.R. part 630—Regula- ment B. tions of the Office of Personnel Management. TITLE 10 UNITED STATES CODE—ARMED FORCES 22. 5 U.S.C. 4101 to 4119—Training. 5 C.F.R. Table B. part 410—Regulations of the Office of Per- 48. 5 U.S.C. 6381 to 6387—Family and Med- No provisions were found in title 10 that sonnel Management. Table B. ical Leave. 5 C.F.R. part 630—Regulations of related to terms and conditions of employ- 23. 5 U.S.C. 4301 to 4305—Performance Ap- the Office of Personnel Management. Table ment, other than those provisions involving praisals. 5 C.F.R. parts 430 & 432—Regulations B. terms and conditions of employment of of the Office of Personnel Management. 49. 5 U.S.C. 7101 to 7135—Federal Service members of the armed forces specifically. Table B. Labor-Management Relations Provisions. 5 TITLE 11 UNITED STATES CODE—BANKRUPTCY 24. 5 U.S.C. 4501 to 4509—Incentive awards C.F.R. chapter 24—Regulations of the Federal 66. 11 U.S.C. 525—Protection against dis- for superior accomplishments. 5 C.F.R. part Labor Relations Authority. 142 Cong. Rec. criminatory treatment on basis of bank- 451—Regulations of the Office of Personnel H10369 to H10384, S10405 to S10420—Regula- ruptcy. Table D. Management. Table B. tions of the Office of Compliance. Table B. 25. 5 U.S.C. 4511 to 4513—Awards for cost TITLE 12 UNITED STATES CODE—BANKS AND 50. 5 U.S.C. 7201 to 7204—Provisions relating BANKING saving disclosures. Table B. to Anti-Discrimination in Employment. 5 26. 5 U.S.C. 4521 to 4523—Awards to law en- No provisions were found in title 12 that C.F.R. 720.101 et seq.—Regulations of the Of- forcement officers for foreign language capa- related to the terms and conditions of em- fice of Personnel Management. Table B. ployment. bilities. Table B. 51. 5 U.S.C. 7211—Employees’ right to peti- 27. 5 U.S.C. 5101 to 5392—Pay Systems. 5 tion Congress. Table B. TITLE 13 UNITED STATES CODE—CENSUS C.F.R. generally—Regulations of the Office of 52. 5 U.S.C. 7311 to 7313—Employment Limi- No provisions were found in title 13 that Personnel Management. Table B. tations. 5 C.F.R. part 732—Regulations of the related to the terms and conditions of em- 28. 5 U.S.C. 5511 to 5520a—Withholding Pay. ployment, other than those provisions in- Regulations are promulgated by each indi- Office of Personnel Management. Table B. 53. 5 U.S.C. 7321 to 7326—Political Participa- volving compensation and dual and tem- vidual agency subject to these provisions. tion. 5 C.F.R. parts 733 & 734—Regulations of porary employment of employees of the cen- Table B. sus bureau. 29. 5 U.S.C. 5531 to 5537—Dual Pay and Dual the Office of Personnel Management. Table Employment. 5 C.F.R. parts 550 & 553—Regu- B. TITLE 14 UNITED STATES CODE—COAST GUARD 54. 5 U.S.C. 7342—Foreign Gifts and Decora- lations of the Office of Personnel Manage- No provisions were found in title 14 that tions. Regulations are promulgated by each ment. Table B. relate to terms and conditions of employ- 30. 5 U.S.C. 5541 to 5550—Premium Pay. 5 individual agency subject to this provision. ment, other than those provisions involving C.F.R. parts 550 and 551—Regulations of the Table B. terms and conditions of employment of Office of Personnel Management. Table B. 55. 5 U.S.C. 7351 to 7353—Misconduct. 5 members of the coast guard specifically. C.F.R. part 2635—Regulations of the Office of 31. 5 U.S.C. 5551 to 5553—Payment for ac- TITLE 15 UNITED STATES CODE—COMMERCE AND Government Ethics. Table B. crued and accumulated annual leave. Table TRADE 56. 5 U.S.C. 7501 to 7543—Adverse Actions. 5 B. 67. 15 U.S.C. 1673—Restrictions on Garnish- 32. 5 U.S.C. 5561 to 5570—Payments to miss- C.F.R. parts 752, 930, 990—Regulations of the Office of Personnel Management. Table B. ment. ing employees. 32 C.F.R. part 718—Regula- 5 C.F.R. parts 581 and 582 generally—Regula- tions of the Department of the Army, DOD. 57. 5 U.S.C. 7902—Safety Programs. Table B. 58. 5 U.S.C. 7904—Employee Assistance Pro- tions of the Office of Personnel Management. 22 C.F.R. part 19—Regulations of the Sec- grams relating to drug and alcohol abuse. Table A. retary of State. Table B. Table B. 68. 15 U.S.C. 1674a—Restriction on dis- 33. 5 U.S.C. 5581 to 5584—Settlement of Ac- charge from employment by reason of gar- counts. 4 C.F.R. parts 33, 91, 92—Regulations 59. 5 U.S.C. 8101 to 8193—Compensation for Work Injuries. 20 C.F.R. parts 1, 10, 25—Regu- nishment. Table D. of the General Accounting Office. Table B. 69. 15 U.S.C. 2622—Toxic Substances Con- 34. 5 U.S.C. 5595 to 5597—Severance pay and lations of the Office of Worker’s Compensa- tion Programs, Department of Labor. 5 trol Act (Employee protection provisions). Back pay. 5 C.F.R. 550.701 et seq., 550.801 et Table D. seq.—Regulations of the Office of Personnel C.F.R. part 353—Regulations of the Office of TITLE 16 UNITED STATES CODE—CONSERVATION Management. Table B. Personnel Management. Table B. 35. 5 U.S.C. 5701 to 5709—Travel and subsist- 60. 5 U.S.C. 8301 to 8479—Civil Service Re- No provisions were found in title 16 that ence expenses; Mileage allowances. 41 C.F.R. tirement and Federal Employees Retirement related to the terms and conditions of em- parts 301 to 304—Federal Travel Regulations. System. ployment, other than the establishment of a Table B. 5 C.F.R. parts 831, 841 to 846—Regulations of variety of commissions and boards. 36. 5 U.S.C. 5721 to 5735—Travel and trans- the Office of Personnel Management. TITLE 17 UNITED STATES CODE—COPYRIGHTS 5 C.F.R. chapter 16—Regulations of the Fed- portation expenses for new appointees, stu- No provisions were found in title 17 that eral Retirement Thrift Supervision Board. dent trainees, and transferred employees. 5 relate to the terms and conditions of em- Table B. C.F.R. part 572—Regulations of the Office of ployment. 61. 5 U.S.C. 8501 to 8525—Unemployment Personnel Management. Table B. TITLE 18 UNITED STATES CODE—CRIMINAL CODE 37. 5 U.S.C. 6101—Basic 40-hour workweek; Compensation. 70. 18 U.S.C. 203, 205, 207 to 209—Provisions work schedules. 5 C.F.R. part 610—Regula- 20 C.F.R. parts 609 & 614—Regulations of the relating to criminal penalties for govern- tions of the Office of Personnel Management. Employment and Training Administration, ment employees. Regulations are promul- Table B. Department of Labor. Table B. 38. 5 U.S.C. 6103 and 6104—Holidays. 5 C.F.R. 62. 5 U.S.C. 8701 to 8716—Life insurance. gated by each individual agency subject to 5 C.F.R. parts 870 to 874—Regulations of the 610.301 et seq.—Regulations of the Office of these provisions. Table B. Office of Personnel Management. Table B. 71. 18 U.S.C. 431 to 443—Provisions relating Personnel Management. Table B. 39. 5 U.S.C. 6120 to 6133—Flexible and Com- 63. 5 U.S.C. 8901 to 8914—Health Insurance. to illegal government employee contracts. 5 C.F.R. parts 890 & 891—Regulations of the pressed Work Schedules. 5 C.F.R. 610.401 et Table B. Office of Personnel Management. 72. 18 U.S.C. 600—Provision relating to seq.—Regulations of the Office of Personnel promise of employment for political activ- Management. 5 C.F.R. 2472.6—Regulations of TITLE 6 UNITED STATES CODE—BONDS Title 6 of the United States Code has been ity. Table A. the Federal Labor Relations Authority. 73. 17 U.S.C. 601—Provision relating to dep- repealed. Table B. rivation of employment for political con- 40. 5 U.S.C. 6301 to 6312—Annual and Sick TITLE 7 UNITED STATES CODE—AGRICULTURE tribution. Table A. Leave. 5 C.F.R. part 630—Regulations of the No provisions were found in title 7 that re- 74. 18 U.S.C. 643—Provision relating to ac- Office of Personnel Management. Table B. lated to the terms and conditions of employ- counting generally for public money. Table 41. 5 U.S.C. 6322—Leave for jury or witness ment. B. service. Table B. 75. 18 U.S.C. 1581 and 1584—Provisions relat- 42. 5 U.S.C. 6323—Military Leave; Reserves TITLE 8 UNITED STATES CODE—ALIENS AND ing to peonage and involuntary servitude. and National Guardsmen. Table B. NATIONALITY 43. 5 U.S.C. 6325—Absence resulting from 64. 8 U.S.C. 1324a—Provisions of the Immi- Table A. 76. 18 U.S.C. 1913, 1915 to 1918—Criminal hostile action abroad. Table B. gration Reform and Control Act, regarding penalties for certain violations by officers or 44. 5 U.S.C. 6326—Absence for funerals of unlawful employment of aliens. immediate relatives in the Armed Forces. 5 8 C.F.R. part 274a—Regulations of the Im- employees of the United States. Table B. C.F.R. part 630—Regulations of the Office of migration and Naturalization Service, De- TITLE 19 UNITED STATES CODE—CUSTOMS AND Personnel Management. Table B. partment of Justice. Table C. DUTIES 45. 5 U.S.C. 6327—Absence in connection 65. 8 U.S.C. 1324b—Provisions of the Immi- No provisions were found in title 19 that with serving as a bone-marrow or organ gration Reform and Control Act, regarding relate to the terms and conditions of em- donor. Table B. unfair employment-related practices. ployment, other than provisions involving

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S80 CONGRESSIONAL RECORD — SENATE January 7, 1997 terms and condition of employment for cus- 85. 19 U.S.C. 1161 to 1169—COBRA provi- tractor laws and the establishment of Boards toms officers specifically. sions. Table C. and Commissions. TITLE 20 UNITED STATES CODE—EDUCATION 86. 29 U.S.C. 2001 to 2009—Employee Poly- TITLE 41 UNITED STATES CODE—PUBLIC graph Protection Act. 29 C.F.R. part 801— No provisions were found in title 20 that CONTRACTS relate to terms and conditions of employ- Regulations of the Secretary of Labor. 142 Cong. Rec. S3917 to S3924—Regulations of the No provisions were found in title 41 that ment, other than those provisions involving relate to terms and conditions of employ- terms and conditions of employment of cer- Office of Compliance. Table A. 87. 29 U.S.C. 2101 to 2109—Worker Adjust- ment other than those that involve con- tain teachers specifically. ment Retraining and Notification Act. 20 tractor laws. TITLE 21 UNITED STATES CODE—FOOD AND C.F.R. part 639—Regulations of the Employ- TITLE 42 UNITED STATES CODE—PUBLIC HEALTH DRUGS ment and Training Administration, Depart- AND WELFARE No provisions were found in title 21 that ment of Labor. 142 Cong. Rec. S3949 to S3952— 93. 42 U.S.C. 290dd—Provision relating to relate to the terms and conditions of em- Regulations of the Office of Compliance. substance abuse among government and ployment. Table A. other employees. Table B. 88. 29 U.S.C. 2601 to 2654—Family and Med- TITLE 22 UNITED STATES CODE—FOREIGN 94. 42 U.S.C. 300j–9(i)—Safe Drinking Water ical Leave Act. 29 C.F.R. part 825—Regula- RELATIONS AND INTERCOURSE Act (employee protection provisions). Table tions of the Secretary of Labor. 142 Cong. No provisions were found in title 22 that D. Rec. S3896 to S3917—Regulations of the Office relate to the terms and conditions of em- 95. —Provisions relating of Compliance. Table A. 42 U.S.C. 401 to 433 ployment, other than provisions establishing to Social Security Insurance. 20 C.F.R. parts agencies such as the IMF, the Foreign Serv- TITLE 30 UNITED STATES CODE—MINERAL LANDS 404, 410, 416—Regulations of the Social Secu- ice, the Peace Corps, and USIA. AND MINING rity Administration. 42 C.F.R. parts 405, 406, TITLE 23 UNITED STATES CODE—HIGHWAYS No provisions were found in title 30 that 424—Regulations of the Health Care Financ- No provisions were found in title 23 that relate to terms and conditions of employ- ing Administration, Health and Human Serv- relate to the terms and conditions of em- ment other than those that involve terms ices. Table A. ployment. and conditions of employment for individ- 96. 42 U.S.C. 659 to 662—Provisions relating uals in the mining industry specifically. TITLE 24 UNITED STATES CODE—HOSPITALS AND to enforcement of child support and alimony ASYLUMS TITLE 31 UNITED STATES CODE—MONEY AND orders. Regulations are promulgated by each FINANCE individual agency subject to these provi- No provisions were found in title 24 that sions. Table B. relate to the terms and conditions of em- 89. 31 U.S.C. 731 to 736, 751 to 755—Govern- 97. 42 U.S.C. 2000a to 2000a–6—Title II of the ployment. ment Accounting Office Personnel Act. 4 C.F.R. parts 2 et seq.—Regulations of the Civil Rights Act of 1964. Table D. TITLE 25 UNITED STATES CODE—INDIANS Comptroller General and of the GAO Per- 98. 42 U.S.C. 2000b to 2000b–3—Title III of the No provisions were found in title 25 that sonnel Appeals Board. Table B. Civil rights Act of 1964. Table D. relate to terms and conditions of employ- TITLE 32 UNITED STATES CODE—NATIONAL 99. 42 U.S.C. 2000e to 2000e–17—Title VII of ment, other than those that involve the hir- GUARD the Civil Rights Act of 1964. 29 C.F.R. part ing of Indians within the Indian Office spe- 1601 generally—Procedural regulations of the No provisions were found in title 32 that cifically. Equal Employment Opportunity Commis- relate to terms and conditions of employ- TITLE 26 UNITED STATES CODE—INTERNAL sion. Table A. ment other than those that involve terms REVENUE CODE 100. 42 U.S.C. 4151 to 4157—Provisions relat- and conditions of employment for members ing to design and construction of public No provisions were found in title 26 that of the National Guard specifically. relate to terms and conditions of employ- buildings to accommodate physically handi- ment. TITLE 33 UNITED STATES CODE—NAVIGATION capped persons. 41 C.F.R. parts 101 to 119 gen- AND NAVIGABLE WATERS TITLE 27 UNITED STATES CODE—INTOXICATING erally—Regulations of the General Services 90. 33 U.S.C. 1367—Water Pollution Control LIQUORS Administration. Table B. Act (Employee protection provisions). Table 101. 42 U.S.C. 5851—Energy Reorganization No provisions were found in title 27 that D. Act of 1974 (Employee protection provisions). relate to the terms and conditions of em- Table D. ployment. TITLE 34 UNITED STATES CODE—NAVY Incorporated into title 10 of the United 102. 42 U.S.C. 6971—Solid Waste Disposal TITLE 28 UNITED STATES CODE—JUDICIARY States Code. Act (Employee protection provisions). Table 77. 28 U.S.C. 1875—Protection of Juror’s D. TITLE 35 UNITED STATES CODE—PATENTS Employment Act. Table D. 103. 42 U.S.C. 7622—Clean Air Act (Em- TITLE 29 UNITED STATES CODE—LABOR No provisions were found in title 35 that ployee protection provisions). Table D. relate to terms and conditions of employ- 104. 42 U.S.C. 9610—Comprehensive, Envi- 78. 29 U.S.C. 141 to 187—National Labor Re- ment. lations Act. 29 C.F.R. parts 100 to 103 and 1401 ronmental Response, Compensation, and Li- to 1430—Regulations of the National Labor TITLE 36 UNITED STATES CODE—PATRIOTIC ability Act (CERCLA) (Employee protection Relations Board. Table C. SOCIETIES AND OBSERVANCES provisions). 29 C.F.R. 24.2—Enforcement pro- 79. 29 U.S.C. 201 to 219—Fair Labor Stand- No provisions were found in title 36 that cedures of the Secretary of Labor. Table D. ards Act. 29 C.F.R. parts 510 to 580—Regula- relate to terms and conditions of employ- 105. 42 U.S.C. 12101 to 12213—The Americans tions of the Secretary of Labor. 142 Cong. ment. with Disabilities Act of 1990. 29 C.F.R. parts Rec. S3924 to S3949—Regulations of the Office TITLE 37 UNITED STATES CODE—PAY AND 1602, 1614, 1640, 1641—Record keeping and re- of Compliance. Table A. ALLOWANCES OF THE UNIFORMED SERVICES porting requirements of the Equal Employ- ment Opportunity Commission. 28 C.F.R. part 80. 29 U.S.C. 251 to 262—the Portal to Portal No provisions were found in title 37 that 35—Regulations of the Attorney General. 49 Act. 29 C.F.R. part 775—Regulations of the relate to terms and conditions of employ- C.F.R. parts 27, 37, 38—Regulations of the Secretary of Labor. 142 Cong. Rec. S3924 to ment other than those that involve terms Secretary of Transportation. 142 Cong. Rec. S3949—Regulations of the Office of Compli- and conditions of employment for members H10676 to H10711, S10984 to S11019—Proposed ance. Table A. of the uniformed services. 81. 29 U.S.C. 621 to 633a—Age Discrimina- regulations of the Office of Compliance. tion in Employment Act of 1967. 29 C.F.R. TITLE 38 UNITED STATES CODE—VETERAN’S Table A. BENEFITS parts 1625 to 1627—Interpretations of the TITLE 43 UNITED STATES CODE—PUBLIC LANDS Equal Employment Opportunity Commis- 91. 38 U.S.C. 4301 to 4333—Uniformed Serv- sion. Table A. ices Employment and Reemployment Rights. No provisions were found in title 43 that 82. 29 U.S.C. 651 to 677—Occupational Safety 5 C.F.R. part 353 for executive branch—Regu- relate to the terms and conditions of em- and Health Act. 29 C.F.R. parts 1900 to 1926— lations of the Office of Personnel Manage- ployment. Regulations of the Secretary of Labor. 142 ment. Table A. TITLE 44 UNITED STATES CODE—PUBLIC Cong. Rec. H10711 to H10719, S11019 to S11027— TITLE 39 UNITED STATES CODE—POSTAL SERVICE PRINTING AND DOCUMENTS Proposed regulations of the Office of Compli- 92. 39 U.S.C. 1001 to 1011, 1201 to 1209—Terms No provisions were found in title 44 that ance. Table A. and conditions of employment for postal em- relate to the terms and conditions of em- 83. 29 U.S.C. 701 to 797(b)—The Rehabilita- ployees. 39 C.F.R. parts 211, 255, 265, 760, 761, ployment. tion Act of 1973. Regulations are promulgated 946—Regulations of the Postal Service. Table by each individual agency subject to these TITLE 45 UNITED STATES CODE—RAILROADS B. provisions. Table B. No provisions were found in title 45 that 84. 29 U.S.C.A. 1001 to 1461—Employee Re- TITLE 40 UNITED STATES CODE—PUBLIC relate to terms and conditions of employ- tirement Income Security Act (ERISA). 29 BUILDINGS, PROPERTY, AND WORKS ment other than those that prescribe terms C.F.R. chapter 25—Regulations of the Pension No provisions were found in title 40 that and conditions of employment for railroad and Welfare Benefits Administration, De- relate to terms and conditions of employ- employees specifically, and the establish- partment of Labor. Table C. ment other than those that involve con- ment of Boards and Commissions.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S81 TITLE 46 UNITED STATES CODE—SHIPPING To the Congress of the United States: them. Because Charlene Barshefsky No provisions were found in title 46 that In accordance with the requirements was appointed Deputy United States relate to terms and conditions of employ- of section 657 of the Department of En- Trade Representative on May 28, 1993, ment other than those that prescribe terms ergy Organization Act (Public Law 95– and has continued to serve in that posi- and conditions of employment for shipping 91; 42 U.S.C. 7267), I transmit herewith tion since then, the limitations in the industry employees specifically. the 31st Annual Report of the Depart- Lobbying Disclosure Act, which be- TITLE 47 UNITED STATES CODE—TELEGRAPHS, ment of Energy, which covers the years came effective on January 1, 1996, do TELEPHONES, AND RADIOTELEGRAPHS 1994 and 1995. not apply to her in her capacity as No provisions were found in title 47 that relate to terms and conditions of employ- WILLIAM J. CLINTON. Deputy United States Trade Represent- ment. THE WHITE HOUSE, January 7, 1997. ative and it is appropriate that they f TITLE 48 UNITED STATES CODE—TERRITORIES not apply to her if she is appointed to AND INSULAR POSSESSIONS REPORT CONCERNING THE be the United States Trade Representa- No provisions were found in title 48 that BIENNAL REPORT ON HAZ- tive. relate to terms and conditions of employ- ARDOUS MATERIALS—MESSAGE I have today nominated Charlene ment. FROM THE PRESIDENT—PM 3 Barshefsky to be the next United TITLE 49 UNITED STATES CODE— The PRESIDING OFFICER laid be- States Trade Representative. She has TRANSPORTATION fore the Senate the following message done an outstanding job as Deputy No provisions were found in title 49 that from the President of the United United States Trade Representative relate to terms and conditions of employ- since 1993 and as Acting United States ment other than those that prescribe terms States, together with an accompanying report; which was referred to the Com- Trade Representative for the last 9 and conditions of employment for common months. I am confident she will make carrier employees specifically. mittee on Commerce, Science, and Transportation. an excellent United States Trade Rep- TITLE 50 UNITED STATES CODE—WAR AND resentative. I urge the Congress to NATIONAL DEFENSE To the Congress of the United States: take prompt and favorable action on No provisions were found in title 50 that In accordance with Public Law 103– this legislation. relate to terms and conditions of employ- 272, as amended (49 U.S.C. 5121(e)), I WILLIAM J. CLINTON. ment other than those that prescribe terms transmit herewith the Biennial Report and conditions of employment for CIA em- THE WHITE HOUSE, January 7, 1997. ployees specifically. on Hazardous Materials Transportation for Calendar Years 1994–1995 of the De- f f partment of Transportation. MESSAGES FROM THE PRESIDENT WILLIAM J. CLINTON. MESSAGES FROM THE HOUSE RE- Messages from the President of the THE WHITE HOUSE, January 7, 1997. CEIVED SUBSEQUENT TO SINE United States were communicated to f DIE ADJOURNMENT the Senate by Mr. Williams, one of his REPORT CONCERNING THE AP- Under the authority of the order of secretaries. POINTMENT OF THE UNITED the Senate of January 4, 1996, the Sec- EXECUTIVE MESSAGES REFERRED STATES TRADE REPRESENTA- retary of the Senate, on October 4, 1996, As in executive session the Presiding TIVES—MESSAGE FROM THE subsequent to the sine die adjournment Officer laid before the Senate messages PRESIDENT RECEIVED DURING of the Senate, received a message from from the President of the United THE RECESS—PM 4 the House of Representatives announc- States submitting a treaty and sundry Under the authority of the order of nominations which were referred to the ing that the Speaker pro tempore (Mrs. the Senate of January 7, 1997, the Sec- MORELLA) has signed the following en- appropriate committees. retary of the Senate, on January 7, (The nominations received today are rolled bills: 1997, during the recess of the Senate, S. An act to amend the Magnuson Fishery printed at the end of the Senate pro- received the following message from ceedings.) Conservation and Management Act to au- the President of the United States, to- thorize appropriations, to provide for sus- f gether with an accompanying report; tainable fisheries, and for other purposes. REPORT OF THE DEPARTMENT OF which was referred to the Committee H.R. 3539. An act to amend title 49, United HOUSING AND URBAN DEVELOP- on Governmental Affairs. States Code, to reauthorize programs of the Federal Aviation Administration, and for MENT—MESSAGE FROM THE To the Congress of the United States: PRESIDENT—PM 1 other purposes. I am pleased to transmit herewith for H.R. 3723. An act to amend title 18, United The PRESIDING OFFICER laid be- your immediate consideration and en- States Code, to protect proprietary economic fore the Senate the following message actment legislation to provide a waiver information, and for other purposes. from the President of the United from certain provisions relating to the Under the authority of the order of States, together with an accompanying appointment of the United States the Senate of January 4, 1996, the en- report; which was referred to the Com- Trade Representative. rolled bills were signed on October 4, mittee on Banking, Housing, and This draft bill would authorize the 1996, during the sine die adjournment Urban Affairs. President, acting by and with the ad- of the Senate by the President pro tem- vice and consent of the Senate, to ap- To the Congress of the United States: pore (Mr. THURMOND). Pursuant to the requirements of 42 point Charlene Barshefsky as the Under the authority of the order of U.S.C. 3536, I transmit herewith the United States Trade Representative, the Senate of January 4, 1996, the Sec- 31st Annual Report of the Department notwithstanding any limitations im- retary of the Senate, on October 9, 1996, of Housing and Urban Development, posed by certain provisions of law. The subsequent to the sine die adjournment which covers calendar year 1995. Lobbying Disclosure Act of 1995 amend- of the Senate, received a message from ed the provisions of the Trade Act of WILLIAM J. CLINTON. the House of Representatives announc- THE WHITE HOUSE, January 7, 1997. 1974 regarding the appointment of the ing that the Speaker pro tempore (Mrs. United States Trade Representative f MORELLA) has signed the following en- and the Deputy United States Trade rolled bills and joint resolutions: REPORT OF THE DEPARTMENT OF Representatives by imposing certain S. 342. An act to establish the Cache La ENERGY—MESSAGE FROM THE limitations on their appointment. Poudre River Corridor. PRESIDENT—PM 2 These limitations only became effec- S. 1004. An act to authorize appropriations Thee PRESIDING OFFICER laid be- tive with respect to the appointment of for the United States Coast Guard, and for fore the Senate the following message the United States Trade Representa- other purposes. from the President of the United tive and Deputy United States Trade S. 1194. An act to promote the research, identification, assessment, and exploration States, together with an accompanying Representatives on January 1, 1996, and of marine mineral resources, and for other report; which was referred to the Com- do not apply to individuals who were purposes. mittee on Energy and Natural Re- serving in one of those positions on S. 1649. An act to extend contracts between sources. that date and continue to serve in the Bureau of Reclamation and irrigation

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S82 CONGRESSIONAL RECORD — SENATE January 7, 1997 districts in Kansas and Nebraska, and for made by Maryland, Virginia, and the Dis- EXECUTIVE AND OTHER other purposes. trict of Columbia to the Washington Metro- COMMUNICATIONS S. 1887. An act to make improvements in politan Area Transit Regulation Compact. the operation and administration of the Fed- The following communications were Under the authority of the order of laid before the Senate, together with eral courts, and for other purposes. the Senate of January 4, 1995, the en- S. 2078. An act to authorize the sale of ex- accompanying papers, reports, and doc- cess Department of Defense aircraft to facili- rolled bills and joint resolutions were uments, which were referred as indi- tate the suppression of wildlife. signed on October 9, 1996, during the cated: S. 2183. An act to make technical correc- sine die adjournment of the Senate by EC–1. A communication from the Chair- tions to the Personal Responsibility and the President pro tempore (Mr. THUR- man of the Federal Election Commission, Work Opportunity Reconciliation Act of MOND). transmitting, the budget request for fiscal 1996. Under the authority of the order of year 1998; to the Committee on Rules and S. 2197. An act to extend the authorized pe- the Senate of January 4, 1996, the Sec- riod of stay within the United States for cer- Administration. tain nurses. retary of the Senate, on October 18, EC–2. A communication from the Chair- S. 2198. An act to provide for the Advisory 1996, subsequent to the sine die ad- man of the Federal Election Commission, Commission on Intergovernmental Relations journment of the Senate, received a transmitting, pursuant to law, a report rel- to continue in existence, and for other pur- message from the House of Representa- ative to tuition payment assistance; to the Committee on Rules and Administration. poses. tives announcing that the Speaker pro H.R. 632. An act to enhance fairness in EC–3. A communication from the Adminis- tempore (Mrs. MORELLA) has signed the trator of the Agricultural Marketing Serv- compensating owners of patents used by the following enrolled bills: United States. ice, Department of Agriculture, transmit- H.R. 1087. An act for the relief of Nguyen H.R. 3219. An act to provide Federal assist- ting, pursuant to law, the report of a rule Quy An. ance for Indian tribes in a manner that rec- relative to tomatoes grown in Florida, H.R. 1281. An act to express the sense of ognizes the right of tribal self-governance, (FV96-966-2) received on October 30, 1996; to the Congress that the United States Govern- and for other purposes. the Committee on Agriculture, Nutrition, ment agencies in possession of records about H.R. 3452. An act to make certain laws ap- and Forestry. individuals who are alleged to have com- plicable to the Executive Office of the Presi- EC–4. A communication from the Adminis- mitted Nazi war crimes should make these dent, and for other purposes. trator of the Agricultural Marketing Serv- records public. H.R. 4283. An act to provide for ballast ice, Department of Agriculture, transmit- H.R. 1776. An act to establish United States water management to prevent the introduc- ting, pursuant to law, the report of a rule commemorative coin programs, and for tion and spread of nonindigenous species into relative to Irish potatoes grown in Maine, other purposes. the waters of the United States, and for (FV95-950-1) received on October 16, 1996; to H.R. 1874. An act to modify the boundaries other purposes. the Committee on Agriculture, Nutrition, of the Talladega National Forest, Alabama. Under the authority of the order of the and Forestry. H.R. 3155. An act to amend the Wild and Senate of January 4, 1995, the enrolled bills EC–5. A communication from the Adminis- Scenic Rivers Act by designating the Wekiva and joint resolutions were signed on October trator of the Agricultural Marketing Serv- River, Seminole Creek, and Rock Springs 18, 1996, during the sine die adjournment of ice, Department of Agriculture, transmit- Run in the States of Florida for study and the Senate by the President pro tempore ting, pursuant to law, the report of a rule relative to fresh fruits, vegetables, and other potential addition to the National Wild and (Mr. THURMOND). Scenic Rivers System. products (FV95-306) received on October 18, H.R. 3249. An act to authorize appropria- f 1996; to the Committee on Agriculture, Nu- tions for a mining institutes to develop do- trition, and Forestry. mestic technological capabilities for the re- ENROLLED BILLS PRESENTED EC–6. A communication from the Adminis- covery of minerals from the Nations seabed, The Secretary of the Senate reported trator of the Agricultural Marketing Serv- and for other purposes. that on October 4, 1996, he had pre- ice, Department of Agriculture, transmit- H.R. 3378. An act to amend the Indian ting, pursuant to law, the report of a rule sented to the President of the United relative to regulations under the export Health Care Improvement Act to extend the States, the following enrolled bill: demonstration program for direct billing of grape and plum act (FV96-35-1) received on Medicare, Medicaid, and other third party S. 39. An act to amend the Magnuson Fish- October 17, 1996; to the Committee on Agri- payors. ery Conservation and Management Act to culture, Nutrition, and Forestry. H.R. 3568. An act to designate 51.7 miles of authorize appropriations, to provide for sus- EC–7. A communication from the Adminis- the Clarion River, located in Pennsylvania, tainable fisheries, and for other purposes. trator of the Agricultural Marketing Serv- as a component of the National Wild and The Secretary of the Senate reported ice, Department of Agriculture, transmit- Scenic Rivers System. that on October 9, 1996, he had pre- ting, pursuant to law, the report of a rule relative to assessment rate for marketing or- H.R. 3632. An act to amend title XIX of the sented to the President of the United Social Security Act to repeal the require- ders, (FV96-927-2) received on October 9, 1996; ment for annual resident review for nursing States, the following enrolled bills: to the Committee on Agriculture, Nutrition, facilities under the Medicaid program and to S. 342. An act to establish the Cache La and Forestry. require resident reviews for mentally ill or Poudre River Corridor. EC–8. A communication from the Adminis- mentally retarded residents when there is a S. 1004. An act to authorize appropriations trator of the Agricultural Marketing Serv- significant change in physical or mental con- for the United States Coast Guard, and for ice, Department of Agriculture, transmit- dition. other purposes. ting, pursuant to law, the report of four rules H.R. 3864. An act to amend laws author- S. 1194. An act to promote the research, including a rule relative to dried prunes in izing auditing, reporting, and other func- identification, assessment, and exploration California, (FV96-993-1, 945-1, 929-3) received tions by the General Accounting Office. of marine mineral resources, and for other on October 3, 1996; to the Committee on Agri- H.R. 3910. An act to provide emergency purposes. culture, Nutrition, and Forestry. drought relief to the city of Corpus Christi, S. 1649. An act to extend contracts between EC–9. A communication from the Adminis- Texas, and the Canadian River Municipal the Bureau of Reclamation and irrigation trator of the Agricultural Marketing Serv- Water Authority, Texas, and other purposes. districts in Kansas and Nebraska, and for ice, Department of Agriculture, transmit- H.R. 4036. An act making certain provi- other purposes. ting, pursuant to law, the report of a rule sions with respect to internationally recog- S. 1887. An act to make improvements in relative to the eastern Colorado milk order, nized human rights, refugees, and foreign re- the operation and administration of the Fed- (DA-96-13) received on October 25, 1996; to the lations. eral courts, and for other purposes. Committee on Agriculture, Nutrition, and H.R. 4083. An act to extend certain pro- S. 2078. An act to authorize the sale of ex- Forestry. grams under the Energy Policy and Con- cess Department of Defense aircraft to facili- EC–10. A communication from the Admin- servation Act through September 30, 1997. tate the suppression of wildfire. istrator of the Agricultural Marketing Serv- H.R. 4137. An act to combat drug-facili- S. 2183. An act to make technical correc- ice, Department of Agriculture, transmit- tated crimes of violence, including sexual as- tions to the Personal Responsibility and ting, pursuant to law, the report of a rule saults. Work Opportunity Reconciliation Act of relative to olives grown in California and im- H.R. 4194. An act to reauthorize alternative 1996. ported olives (FV96-932-3) received on Octo- means of dispute resolution in the Federal S. 2197. An act to extend the authorized pe- ber 25, 1996; to the Committee on Agri- administrative process, and other purposes. riod of stay within the United States for cer- culture, Nutrition, and Forestry. H.J. Res. 193. Joint resolution granting the tain nurses. EC–11. A communication from the Admin- consent of Congress to the Emergency Man- S. 2198. An act to provide for the Advisory istrator of the Agricultural Marketing Serv- agement Assistance Compact. Commission on Intergovernmental Relations ice, Department of Agriculture, transmit- H.J. Res. 194. Joint resolution granting the to continue in existence, and for other pur- ting, pursuant to law, the report of a rule consent to the Congress to amendments poses. relative to domestically produced peanuts,

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S83 (FV96-998-3) received on October 28, 1996; to EC–23. A communication from the Admin- EC–35. A communication from the Acting the Committee on Agriculture, Nutrition, istrator of the Farm Service Agency, Depart- Executive Director of the Commodities Fu- and Forestry. ment of Agriculture, the report of a rule rel- tures Trading Commission, transmitting, EC–12. A communication from the Congres- ative to the disaster reserve assistance pro- pursuant to law, the report of a rule relative sional Review Coordinator of the Animal and gram, received on October 24, 1996; to Com- to inflation adjusted civil monetary pen- Plant Health Inspection Service, Department mittee on Agriculture, Nutrition, and For- alties, received on October 24, 1996; to the of Agriculture, transmitting, pursuant to estry. Committee on Agriculture, Nutrition, and law, the report of a rule relative to brucel- EC–24. A communication from the Admin- Forestry. losis in cattle, received on October 30, 1996; istrator of the Foreign Agricultural Service, EC–36. A communication from the Chair- to the Committee on Agriculture, Nutrition, Department of Agriculture, transmitting, man and Chief Executive Officer of the Farm and Forestry. pursuant to law, the report of a rule relative Credit Administration, transmitting, pursu- EC–13. A communication from the Congres- to agreements for the development of foreign ant to law, the report of a rule relative to sional Review Coordinator of the Animal and markets, (RIN0551–AA24) received on October adjusting civil money penalties for inflation, Plant Health Inspection Service, Department 4, 1996; to the Committee on Agriculture, Nu- (RIN3052–AB74) received on October 25, 1996; of Agriculture, transmitting, pursuant to trition, and Forestry. to the Committee on Agriculture, Nutrition, law, the report of a rule relative to importa- EC–25. A communication from the Admin- and Forestry. tion of fruit trees from France, received on istrator of the Grain Inspection and Stock- EC–37. A communication from the Director October 1, 1996; to the Committee on Agri- yards Administration, Department of Agri- of the Office of Regulations Management, culture, Nutrition, and Forestry. culture, the report of a rule relative to pro- Department of Veterans’ Affairs, transmit- EC–14. A communication from the Congres- tection for purchasers of farm products, ting, pursuant to law, a rule entitled ‘‘Will- sional Review Coordinator of the Animal and (RIN0580–AA13) received on October 17, 1996; ful Misconduct’’ (RIN2900–AI26) received on Plant Health Inspection Service, Department to Committee on Agriculture, Nutrition, and November 1, 1996; to the Committee on Vet- of Agriculture, transmitting, pursuant to Forestry. erans’ Affairs. law, the report of a rule relative to Japanese EC–26. A communication from the Sec- EC–38. A communication from the Director beetle, received on November 1, 1996; to the retary of Agriculture, transmitting, pursu- of the Office of Regulations Management, Committee on Agriculture, Nutrition, and ant to law, the report of a major rule rel- Department of Veterans’ Affairs, transmit- Forestry. ative to dairy tariff-rate quote licensing, re- ting, pursuant to law, a rule entitled ‘‘Con- EC–15. A communication from the Congres- ceived on October 16, 1996; to the Committee tract Program for Veterans With Alcohol sional Review Coordinator of the Animal and on Agriculture, Nutrition, and Forestry. and Drug Dependence Disorders’’ (RIN2900– Plant Health Inspection Service, Department EC–27. A communication from the Under AH77) received on November 1, 1996; to the of Agriculture, transmitting, pursuant to Secretary for Food, Nutrition, and Consumer Committee on Veterans’ Affairs. law, the report of a rule relative to importa- Services, Department of Agriculture, trans- EC–39. A communication from the Director tion of horses, received on October 16, 1996; mitting, pursuant to law, the report of a rule of the Office of Regulations Management, to the Committee on Agriculture, Nutrition, relative to Food Stamp Program regulations, Department of Veterans’ Affairs, transmit- and Forestry. (RIN0584–AB74) received on October 7, 1996; ting, pursuant to law, a rule entitled ‘‘Fed- EC–16. A communication from the Congres- to the Committee on Agriculture, Nutrition, eral Civil Penalties Inflation Adjustment’’ sional Review Coordinator of the Animal and and Forestry. (RIN2900–AI48) received on October 31, 1996; Plant Health Inspection Service, Department EC–28. A communication from the Under to the Committee on Veterans’ Affairs. of Agriculture, transmitting, pursuant to Secretary for Food, Nutrition, and Consumer EC–40. A communication from the Director law, the report of a rule relative to com- Services, Department of Agriculture, trans- of the Office of Regulations Management, muted traveltime periods, received on Octo- mitting, pursuant to law, the report of a rule Department of Veterans’ Affairs, transmit- ber 16, 1996; to the Committee on Agri- relative to Food Stamp Program regulations, ting, pursuant to law, a rule entitled ‘‘Evi- culture, Nutrition, and Forestry. (RIN0584–AB98) received on October 7, 1996; dence of Dependents and Age’’ (RIN2900– EC–17. A communication from the Congres- to the Committee on Agriculture, Nutrition, AH51) received on October 31, 1996; to the sional Review Coordinator of the Animal and and Forestry. Committee on Veterans’ Affairs. Plant Health Inspection Service, Department EC–29. A communication from the Under EC–41. A communication from the Director of Agriculture, transmitting, pursuant to Secretary for Food, Nutrition, and Consumer of the Office of Regulations Management, law, the report of a rule relative to viruses, Services, Department of Agriculture, trans- Department of Veterans’ Affairs, transmit- serums, toxins, and analogous products, re- mitting, pursuant to law, the report of a rule ting, pursuant to law, a rule entitled ‘‘VA ceived on October 16, 1996; to the Committee relative to Food Stamp Program regulations, Acquisition Regulation: Service Con- on Agriculture, Nutrition, and Forestry. (RIN0584–AB58) received on October 7, 1996; tracting’’ (RIN2900–AG67) received on Octo- EC–18. A communication from the Congres- to the Committee on Agriculture, Nutrition, ber 31, 1996; to the Committee on Veterans’ sional Review Coordinator of the Animal and and Forestry. Affairs. Plant Health Inspection Service, Department EC–30. A communication from the Under EC–42. A communication from the Director of Agriculture, transmitting, pursuant to Secretary for Food, Nutrition, and Consumer of the Office of Regulations Management, law, the report of a rule relative to remove Services, Department of Agriculture, trans- Department of Veterans’ Affairs, transmit- interstate movement regulations, received mitting, pursuant to law, the report of a rule ting, pursuant to law, a rule entitled ‘‘Sched- on October 18, 1996; to the Committee on Ag- relative to Food Stamp Program regulations, ule for Rating Disabilities; Mental Dis- riculture, Nutrition, and Forestry. (RIN0584–AB60) received on October 7, 1996; orders’’ (RIN2900–AF01) received on October EC–19. A communication from the Congres- to the Committee on Agriculture, Nutrition, 27, 1996; to the Committee on Veterans’ Af- sional Review Coordinator of the Animal and and Forestry. fairs. Plant Health Inspection Service, Department EC–31. A communication from the Under EC–43. A communication from the Presi- of Agriculture, transmitting, pursuant to Secretary for Food, Nutrition, and Consumer dent of the United States, transmitting, pur- law, the report of a rule relative to viruses, Services, Department of Agriculture, trans- suant to law, the report on continued pro- serums, toxins, and analogous products, re- mitting, pursuant to law, the report of a rule duction of the naval petroleum reserves; to ceived on October 4, 1996; to the Committee relative to Food Stamp Program regulations, the Committee on Armed Services. on Agriculture, Nutrition, and Forestry. (RIN0584–AB02) received on October 7, 1996; EC–44. A communication from the Presi- EC–20. A communication from the Congres- to the Committee on Agriculture, Nutrition, dent of the United States, transmitting, pur- sional Review Coordinator of the Animal and and Forestry. suant to law, a report on ballistic missiles; Plant Health Inspection Service, Department EC–32. A communication from the Assist- to the Committee on Armed Services. of Agriculture, transmitting, pursuant to ant Secretary for Administration, Depart- EC–45. A communication from the Sec- law, the report of a rule relative to a change ment of Agriculture, transmitting, pursuant retary of Defense, transmitting, the report of in disease status, received on October 4, 1996; to law, the report of a rule relative to agri- a retirement; to the Committee on Armed to the Committee on Agriculture, Nutrition, culture acquisition regulation, (RIN0599– Services. and Forestry. AA00) received on October 1, 1996; to the EC–46. A communication from the Sec- EC–21. A communication from the Congres- Committee on Agriculture, Nutrition, and retary of Energy, transmitting, pursuant to sional Review Coordinator of the Animal and Forestry. law, the report on continued production of Plant Health Inspection Service, Department EC–33. A communication from the Sec- the naval petroleum reserves; to the Com- of Agriculture, transmitting, pursuant to retary of Agriculture, transmitting, pursu- mittee on Armed Services. law, the report of a rule relative to karnal ant to law, the report on the Horse Protec- EC–47. A communication from the Sec- bunt, received on October 4, 1996; to the Com- tion Enforcement Act for fiscal year 1995; to retary of the Navy, transmitting, pursuant mittee on Agriculture, Nutrition, and For- the Committee on Agriculture, Nutrition, to law, a proposal to transfer a battleship; to estry. and Forestry. the Committee on Armed Services. EC–22. A communication from the Admin- EC–34. A communication from the Sec- EC–48. A communication from the Under istrator of the Farm Service Agency, Depart- retary of Agriculture, transmitting, pursu- Secretary of Defense, transmitting, pursuant ment of Agriculture, the report of a rule rel- ant to law, the report on foreign ownership to law, notice of fund transfers; to the Com- ative to burley tobacco, (RIN0560–AE47) re- of U.S. agricultural land for calendar year mittee on Armed Services. ceived on October 1, 1996; to Committee on 1995; to the Committee on Agriculture, Nu- EC–49. A communication from the Deputy Agriculture, Nutrition, and Forestry. trition, and Forestry. Secretary of Defense, transmitting, pursuant

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S84 CONGRESSIONAL RECORD — SENATE January 7, 1997 to law, the report on opportunities for great- EC–63. A communication from the Director EC–76. A communication from the Assist- er efficiencies in the operation of the mili- of the Office of Management and Budget, Ex- ant Secretary for Fish and Wildlife and tary exchanges, commissary stores, and ecutive Office of the President, transmitting, Parks, transmitting, pursuant to law, the re- other morale, welfare and recreation activi- pursuant to law, a report concerning direct port of rule relative to national parks sys- ties; to the Committee on Armed Services. spending or receipts legislation within five tem units in Alaska, (RIN1024–AC19) received EC–50. A communication from the Director days of enactment; to the Committee on the on October 15, 1996; to the Committee on En- of the Defense Procurement, Under Sec- Budget. ergy and Natural Resources. retary of Defense, transmitting, pursuant to EC–64. A communication from the Director EC–77. A communication from the Acting law, a rule entitled ‘‘The Pilot Mentor-Pro- of the Office of Management and Budget, Ex- Director of the Office of Surface Mining, De- tege Program’’ received on October 15, 1996; ecutive Office of the President, transmitting, partment of Interior, transmitting, pursuant to the Committee on Armed Services. pursuant to law, a report concerning direct to law, the report of two final rules including EC–51. A communication from the Director spending or receipts legislation within five one relative to the Ohio Regulatory Pro- of the Defense Procurement, Under Sec- days of enactment; to the Committee on the gram, received on October 23, 1996; to the retary of Defense, transmitting, pursuant to Budget. Committee on Energy and Natural Re- law, a rule entitled ‘‘The Defense Federal Ac- EC–65. A communication from the Director sources. quisition Regulation Supplement’’ received of the Office of Management and Budget, Ex- EC–78. A communication from the Acting on September 27, 1996; to the Committee on ecutive Office of the President, transmitting, Director of the Office of Surface Mining, De- Armed Services. pursuant to law, a report concerning direct partment of Interior, transmitting, pursuant EC–52. A communication from the Under spending or receipts legislation within five to law, the report of a final rule relative to Secretary of Defense, transmitting, pursuant days of enactment; to the Committee on the North Dakota abandoned Mine Land Rec- to law, the report of a violation of the Budget. lamation Program, received on October 4, Antideficiency Act, case number 92–12; to the EC–66. A communication from the Under 1996; to the Committee on Energy and Nat- Committee on Appropriations. Secretary for Food, Nutrition, and Consumer ural Resources. EC–53. A communication from the Under Services, transmitting, pursuant to law, the EC–79. A communication from the National Secretary of Defense, transmitting, pursuant report of rule relative to Food Stamp Pro- Service Officer of the American Gold Star to law, the report of a violation of the gram regulations, received on October 7, Mothers, transmitting, pursuant to law, the Antideficiency Act, case number 92–27; to the 1996; to the Committee on Agriculture, Nu- report of the audit of financial statements Committee on Appropriations. trition, and Forestry. for 1995 and 1996; to the Committee on the EC–54. A communication from the Assist- EC–67. A communication from the Deputy Judiciary. ant Secretary of State (Legislative Affairs), Under Secretary Natural Resources and En- EC–80. A communication from the Assist- transmitting, pursuant to law, a report rel- vironment, Department of Agriculture, ant Attorney General, transmitting, pursu- ative to the Anti-Terrorism Assistance Pro- transmitting, pursuant to law, the report ant to law, the report relative to the rule en- gram; to the Committee on Appropriations. under the Wilderness Act; to the Committee titled ‘‘Grants Program for Indian Tribes’’; EC–55. A communication from the Director on Energy and Natural Resources. to the Committee on the Judiciary. of the Office of Management and Budget in EC–68. A communication from the Sec- EC–81. A communication from the Assist- the Executive Office of the President, trans- retary of Energy, transmitting, pursuant to ant Secretary of Commerce and Commis- mitting, pursuant to law, a report con- law, the report on the electric and hybrid ve- sioner of Patents and Trademarks, transmit- cerning direct spending or receipts legisla- hicles program for fiscal year 1995; to the ting, pursuant to law, the rule entitled tion within five days of enactment; to the Committee on Energy and Natural Re- ‘‘Communications with the Patent and Committee on the Budget. sources. Trademark Office’’ (RIN0651-AA70) received EC–56. A communication from the Director EC–69. A communication from the General on October 29, 1996; to the Committee on the of the Office of Management and Budget in Counsel of the Department of Energy, trans- Judiciary. the Executive Office of the President, trans- mitting, pursuant to law, the report of rule EC–82. A communication from the Assist- mitting, pursuant to law, a report con- relative to Bonneville Power Administra- ant Secretary of State (Legislative Affairs), cerning direct spending or receipts legisla- tion, received on October 1, 1996; to the Com- transmitting, pursuant to law, the rule enti- tion within five days of enactment; to the mittee on Energy and Natural Resources. tled ‘‘Visas Documentation of Non- Committee on the Budget. EC–70. A communication from the Sec- immigrants Under the Immigration and Na- EC–57. A communication from the Director retary of Energy, transmitting, pursuant to tionality Act, As Amended’’ received on Sep- of the Office of Management and Budget in law, the report relative to alternative fuel tember 27, 1996; to the Committee on the Ju- the Executive Office of the President, trans- vehicles in Federal fleets; to the Committee diciary. mitting, pursuant to law, a report con- on Energy and Natural Resources. EC–83. A communication from the Assist- cerning direct spending or receipts legisla- EC–71. A communication from the Admin- ant Attorney General, transmitting, a draft tion within five days of enactment; to the istrator of the Energy Information Adminis- of proposed legislation entitled ‘‘The Child Committee on the Budget. tration, Department of Energy, transmit- Support Recovery Amendments Act of 1996’’; EC–58. A communication from the Director ting, pursuant to law, the report entitled to the Committee on the Judiciary. of the Office of Management and Budget in ‘‘Emissions of Greenhouse Gases in the EC–84. A communication from the Sec- the Executive Office of the President, trans- United States 1995’’; to the Committee on retary of Education, transmitting, pursuant mitting, pursuant to law, a report con- Energy and Natural Resources. to law, the report under the Freedom of In- cerning direct spending or receipts legisla- EC–72. A communication from the General formation Act for calendar year 1995; to the tion within five days of enactment; to the Counsel of the Department of Energy, trans- Committee on the Judiciary. Committee on the Budget. mitting, pursuant to law, the report of a rule EC–85. A communication from the Commis- EC–59. A communication from the Director relative to personnel assurance program, re- sioner of the Immigration and Naturaliza- of the Office of Management and Budget in ceived on October 22, 1996; to the Committee tion Service, Department of Justice, trans- the Executive Office of the President, trans- on Energy and Natural Resources. mitting, pursuant to law, the rule entitled mitting, pursuant to law, a report con- EC–73. A communication from the Assist- ‘‘Employer Sanctions Modifications’’ re- cerning direct spending or receipts legisla- ant Secretary for Land and Minerals Man- ceived on October 2, 1996; to the Committee tion within five days of enactment; to the agement, Department of the Interior, trans- on the Judiciary. Committee on the Budget. mitting, pursuant to law, the report of a rule EC–86. A communication from the Commis- EC–60. A communication from the Director relative to Outer Continental Shelf Leases, sioner of the Immigration and Naturaliza- of the Office of Management and Budget, Ex- (RIN1010–AC07) received on October 24, 1996; tion Service, Department of Justice, trans- ecutive Office of the President, transmitting, to the Committee on Energy and Natural Re- mitting, pursuant to law, a rule concerning pursuant to law, a report concerning direct sources. the Port Passenger Accelerated Service Pro- spending or receipts legislation within five EC–74. A communication from the Deputy gram received on October 9, 1996; to the Com- days of enactment; to the Committee on the Associate Director for Compliance, Royalty mittee on the Judiciary. Budget. Management Program, Minerals Manage- EC–87. A communication from the Commis- EC–61. A communication from the Director ment Service, Department of the Interior, sioner of the Immigration and Naturaliza- of the Office of Management and Budget, Ex- transmitting, pursuant to law, notice of the tion Service, Department of Justice, trans- ecutive Office of the President, transmitting, intention to make refunds of offshore lease mitting, pursuant to law, the rule entitled pursuant to law, a report concerning direct revenues where a refund or recoupment is ap- ‘‘Collection of Fees Under the Dedicated spending or receipts legislation within five propriate; to the Committee on Energy and Commuter Lane Program’’ received on Octo- days of enactment; to the Committee on the Natural Resources. ber 11, 1996; to the Committee on the Judici- Budget. EC–75. A communication from the Assist- ary. EC–62. A communication from the Director ant Secretary for Land and Minerals Man- EC–88. A communication from the Assist- of the Office of Management and Budget, Ex- agement, Department of the Interior, trans- ant Attorney General, transmitting, a draft ecutive Office of the President, transmitting, mitting, pursuant to law, the report of a rule of proposed legislation to include American pursuant to law, a report concerning direct relative to Outer Continental Shelf Leases, Samoa in the Act of October 5, 1984; to the spending or receipts legislation within five (RIN1010–AC15) received on October 24, 1996; Committee on the Judiciary. days of enactment; to the Committee on the to the Committee on Energy and Natural Re- EC–89. A communication from the Assist- Budget. sources. ant Attorney General, transmitting, a draft

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S85 of proposed legislation entitled ‘‘The Inter- enue Service, Department of Treasury, a rule relative to a Treasury Regulation, national Crime Control Act of 1996’’; to the transmitting, pursuant to law, Revenue Pro- (RIN1545–AU08) received on October 9, 1996; Committee on the Judiciary. cedure 250588–96, received on November 1, to the Committee on Finance. EC–90. A communication from the National 1996; to the Committee on Finance. EC–115. A communication from the Chief Commander of the American Ex-Prisoners of EC–101. A communication from the Chief of Counsel of the Bureau of Public Debt, De- War, transmitting, pursuant to law, the re- the Regulations Unit of the Internal Rev- partment of the Treasury, transmitting, pur- port of the audit of financial statements for enue Service, Department of Treasury, suant to law, the report of a final rule rel- 1995 and 1996; to the Committee on the Judi- transmitting, pursuant to law, Revenue Pro- ative to United States Savings Bonds, re- ciary. cedure 96–49, received on October 7, 1996; to ceived on October 15, 1996; to the Committee EC–91. A communication from the Sec- the Committee on Finance. retary of the Federal Trade Commission, EC–102. A communication from the Chief of on Finance. transmitting, pursuant to law, the annual re- the Regulations Unit of the Internal Rev- EC–116. A communication from the Admin- port for fiscal year 1994; to the Committee on enue Service, Department of Treasury, istrator of the Health Care Financing Ad- the Judiciary. transmitting, pursuant to law, Revenue Pro- ministration, Department of Health and EC–92. A communication from the Director cedure 96–50, received on October 31, 1996; to Human Services, transmitting, pursuant to of the Office of Management and Budget, Ex- the Committee on Finance. law, the report of a rule relative to recovery ecutive Office of the President, transmitting, EC–103. A communication from the Chief of of overpayments, received on September 27, pursuant to law, the cumulative report on the Regulations Unit of the Internal Rev- 1996; to the Committee on Finance. rescissions and deferrals dated September 1, enue Service, Department of Treasury, EC–117. A communication from the Admin- 1996; referred jointly, pursuant to the order transmitting, pursuant to law, Treasury No- istrator of the Health Care Financing Ad- of January 30, 1975, as modified by the order tice 96–51, received on September 27, 1996; to ministration, Department of Health and of April 11, 1986, to the Committee on Appro- the Committee on Finance. priations, to the Committee on the Budget, EC–104. A communication from the Chief of Human Services, transmitting, pursuant to to the Committee on Agriculture, Nutrition, the Regulations Unit of the Internal Rev- law, the report of a rule relative to services and Forestry, to the Committee on Armed enue Service, Department of Treasury, under Medicare Part B, received on Sep- Services, to the Committee on Environment transmitting, pursuant to law, Treasury No- tember 27, 1996; to the Committee on Fi- and Public Works, to the Committee on Fi- tice 96–52, received on September 27, 1996; to nance. nance, to the Committee on Foreign Rela- the Committee on Finance. EC–118. A communication from the Sec- tions, and to the Committee on Government EC–105. A communication from the Chief of retary of Health and Human Services, trans- Affairs. the Regulations Unit of the Internal Rev- mitting, pursuant to law, the report of a rule EC–93. A communication from the Director enue Service, Department of Treasury, relative to ambulatory surgical center pay- of the Congressional Budget Office, trans- transmitting, pursuant to law, Revenue Rul- ment rates, received on October 1, 1996; to mitting, pursuant to law, the final seques- ing 96–41, received on October 22, 1996; to the tration report for fiscal year 1997; referred the Committee on Finance. Committee on Finance. EC–119. A communication from the Sec- jointly, pursuant to the order of January 30, EC–106. A communication from the Chief of retary of Health and Human Services, trans- 1975, as modified by the order April 11, 1986, the Regulations Unit of the Internal Rev- mitting, pursuant to law, the report of a rule to the Committee on Appropriations, to the enue Service, Department of Treasury, Committee on the Budget, to the Committee relative to limitations on aggregate pay- transmitting, pursuant to law, Revenue Rul- on Agriculture, Nutrition, and Forestry, to ments, (RIN0938–AH44) received on October 8, ing 96–45, received on September 27, 1996; to the Committee on Armed Services, to the 1996; to the Committee on Finance. the Committee on Finance. Committee on Banking, Housing, and Urban EC–107. A communication from the Chief of EC–120. A communication from the Sec- Affairs, to the Committee on Commerce, the Regulations Unit of the Internal Rev- retary of Health and Human Services, trans- Science, and Transportation, to the Com- enue Service, Department of Treasury, mitting, pursuant to law, the report of a rule mittee on Energy and Natural Resources, to transmitting, pursuant to law, Revenue Rul- relative to monthly actuarial rates, the Committee on Environment and Public ing 96–50, received on September 27, 1996; to (RIN0938–AH42) received on October 30, 1996; Works, to the Committee on Finance, to the the Committee on Finance. to the Committee on Finance. Committee on Foreign Relations, to the EC–108. A communication from the Chief of Committee on Governmental Affairs, to the EC–121. A communication from the Chief of the Regulations Unit of the Internal Rev- Staff of the Social Security Administration, Committee on the Judiciary, to the Com- enue Service, Department of Treasury, mittee on Labor and Human Resources, to transmitting, pursuant to law, the report of transmitting, pursuant to law, Revenue Rul- a final rule relative to lawful admission for the Committee on Small Business, to the ing 96–52, received on October 18, 1996; to the Committee on Veterans’ Affairs, to the Se- permanent residence, (RIN0960–AD90) re- Committee on Finance. ceived on October 31, 1996; to the Committee lect Committee on Intelligence, and to the EC–109. A communication from the Chief of on Finance. Committee on Indian Affairs. the Regulations Unit of the Internal Rev- EC–94. A communication from the Chief of enue Service, Department of Treasury, EC–122. A communication from the Chief of the Regulations Unit of the Internal Rev- transmitting, pursuant to law, the report of Staff of the Social Security Administration, enue Service, Department of Treasury, two rules relative to Revenue Ruling 96–51, transmitting, pursuant to law, the report of transmitting, pursuant to law, Treasury No- received on October 3, 1996; to the Committee a final rule relative to overpayment appeals tice 96–54, received on October 29, 1996; to the on Finance. and waiver rights, (RIN0960–AD99) received Committee on Finance. EC–110. A communication from the Chief of on October 30, 1996; to the Committee on Fi- EC–95. A communication from the Chief of the Regulations Unit of the Internal Rev- nance. the Regulations Unit of the Internal Rev- enue Service, Department of Treasury, enue Service, Department of Treasury, EC–123. A communication from the Presi- transmitting, pursuant to law, a rule rel- transmitting, pursuant to law, Treasury An- dent of the United States, transmitting, pur- ative to an Action on Decision, received on nouncement 96–105, received on October 1, suant to law, the report relative to the Gen- October 17, 1996; to the Committee on Fi- 1996; to the Committee on Finance. eralized System of Preferences (GSP) pro- EC–96. A communication from the Chief of nance. gram, received on October 18, 1996; to the the Regulations Unit of the Internal Rev- EC–111. A communication from the Chief of Committee on Finance. enue Service, Department of Treasury, the Regulations Unit of the Internal Rev- enue Service, Department of Treasury, EC–124. A communication from the Sec- transmitting, pursuant to law, Treasury An- retary of Labor, transmitting, pursuant to nouncement 96–106, received on October 1, transmitting, pursuant to law, a rule rel- ative to an Action on Decision, received on law, the report on the worker adjustment as- 1996; to the Committee on Finance. sistance training funds under the Trade Act EC–97. A communication from the Chief of October 17, 1996; to the Committee on Fi- of 1974; to the Committee on Finance. the Regulations Unit of the Internal Rev- nance. enue Service, Department of Treasury, EC–112. A communication from the Chief of EC–125. A communication from the Chair- transmitting, pursuant to law, Treasury An- the Regulations Unit of the Internal Rev- man of the International Trade Commission, nouncement 96–108, received on October 15, enue Service, Department of Treasury, transmitting, pursuant to law, the Caribbean 1996; to the Committee on Finance. transmitting, pursuant to law, a rule rel- Basin Recovery Act; to the Committee on Fi- EC–98. A communication from the Chief of ative to Revenue Procedure 96–48, received nance. on September 27, 1996; to the Committee on the Regulations Unit of the Internal Rev- EC–126. A communication from the Direc- enue Service, Department of Treasury, Finance. EC–113. A communication from the Chief of tor of the U.S. Arms Control and Disar- transmitting, pursuant to law, Treasury An- mament Agency, transmitting, pursuant to nouncement 96–112, received on October 21, the Regulations Unit of the Internal Rev- enue Service, Department of Treasury, law, the report entitled ‘‘Arms Control, Non- 1996; to the Committee on Finance. proliferation and Disarmament Studies Com- EC–99. A communication from the Chief of transmitting, pursuant to law, the report of pleted in 1995’’; to the Committee on Foreign the Regulations Unit of the Internal Rev- a rule relative to a Treasury Regulation, Relations. enue Service, Department of Treasury, (RIN1545–AM98) received on October 9, 1996; transmitting, pursuant to law, Treasury An- to the Committee on Finance. EC–127. A communication from the Assist- nouncement 96–116, received on October 24, EC–114. A communication from the Chief of ant Attorney General (Civil Rights Division), 1996; to the Committee on Finance. the Regulations Unit of the Internal Rev- transmitting, pursuant to law, the rule enti- EC–100. A communication from the Chief of enue Service, Department of Treasury, tled ‘‘Redress Provisions for Persons of Japa- the Regulations Unit of the Internal Rev- transmitting, pursuant to law, the report of nese Ancestry’’ (RIN1190-AA42) received on

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S86 CONGRESSIONAL RECORD — SENATE January 7, 1997 October 31, 1996; to the Committee on the Ju- EC–142. A communication from the Assist- to the Committee on Commerce, Science, diciary. ant Legal Adviser for Treaty Affairs, Depart- and Transportation. EC–128. A communication from the General ment of State, the report of the texts of EC–155. A communication from the General Counsel of the Department of Energy, trans- international agreements, other than trea- Counsel, Department of Transportation, mitting, pursuant to law, a rule concerning ties, and background statements; to the transmitting, pursuant to law, the report of Personnel Security Activities received on Committee on Foreign Relations. two rules including one relative to crash- November 4, 1996; to the Committee on En- EC–143. A communication from the Prin- worthiness protection (RIN2115–AE47), re- ergy and Natural Resources. cipal Deputy Under Secretary of Defense ceived on November 14, 1996; to the Com- EC–129. A communication from the Chair- (Comptroller), transmitting, pursuant to mittee on Commerce, Science, and Transpor- man of the Senate Delegation and Chairman law, a report relative to Saudi Arabia; to the tation. of the House of Representatives Delegation Committee on Appropriations. EC–156. A communication from the General of the Canada–United States Interparliamen- EC–144. A communication from the Under Counsel, Department of Transportation, tary Conference, transmitting, pursuant to Secretary of Defense (Comptroller), trans- transmitting, pursuant to law, the report of law, the annual report for 1996; to the Com- mitting, pursuant to law, the report of a vio- twenty-five rules including one relative to mittee on Foreign Relations. lation of the Antideficiency Act, case num- airworthiness directives (RIN2120–AA63, EC–130. A communication from the Assist- ber 92–09; to the Committee on Appropria- AA64, AA65, AA66, AC43, AD74), received on ant Attorney General, transmitting, pursu- tions. November 14, 1996; to the Committee on ant to law, the report on the administration EC–145. A communication from the Sec- Commerce, Science, and Transportation. of the Foreign Agents Registration Act for retary of Energy, transmitting, pursuant to EC–157. A communication from the the calendar year 1995; to the Committee on law, a report relative to the Waste Isolation Secratary of Commerce, transmitting, pursu- Foreign Relations. Pilot Plant; to the Committee on Energy and ant to law, the report entitled ‘‘Historic Ra- EC–131. A communication from the Assist- Natural Resources. tional, Effectiveness and Biological Effi- ant Legal Adviser for Treaty Affairs, Depart- EC–146. A communication from the Acting ciency of Existing Regulations for the U.S. ment of State, the report of the texts of Assistant Secretary of the Interior for Land Atlantic Bluefin Tuna Fisheries’’; to the international agreements, other than trea- Minerals Management, transmitting, pursu- Committee on Commerce, Science, and ties, and background statements; to the ant to law, a rule entitled ‘‘Grazing Adminis- Transportation. Committee on Foreign Relations. tration, Exclusive of Alaska’’ (RIN1004–AB89) EC–158. A communication from the Sec- EC–132. A communication from the Assist- received on November 22, 1996; to the Com- retary of Commerce, transmitting, pursuant ant Legal Adviser for Treaty Affairs, Depart- mittee on Energy and Natural Resources. to law, the annual report for fiscal year 1995; ment of State, the report of the texts of EC–147. A communication from the Acting to the Committee on Commerce, Science, international agreements, other than trea- Director of the Office of Surface Mining, Transportation. ties, and background statements; to the Reclamation and Enforcement. Department EC–159. A communication from the Assist- Committee on Foreign Relations. EC–133. A communication from the Assist- of the Interior, transmitting, pursuant to ant Secretary of Commerce and Commis- ant Secretary of State (Legislative Affairs), law, a rule entitled ‘‘Grazing Administra- sioner of Patents and Trademarks, transmit- transmitting, pursuant to law, a report rel- tion, Exclusive of Alaska’’ (RIN1004–AB89) ting, pursuant to law, the report of a rule ative to a rule on nonimmigrant visas re- received on November 22, 1996; to the Com- relative to establishment of recordal fees, ceived on October 18, 1996; to the Committee mittee on Energy and Natural Resources. (RIN0651–AA90) received October 23, 1996; to on Foreign Relations. EC–148. A communication from the Assist- the Committee on Commerce, Science, and EC–134. A communication from the Assist- ant Secretary of the Interior (Land and Min- Transportation. ant Secretary of State (Legislative Affairs), erals Management), transmitting, pursuant EC–160. A communication from the Direc- transmitting, pursuant to law, the notice of to law, a rule entitled ‘‘Oil and Gas and Sul- tor of the National Marine Fisheries Service, intention relative to the Hashemite Kingdom phur Operations in the Outer Continental National Oceanic and Atmospheric Adminis- of Jordan; to the Committee on Foreign Re- Shelf’’ (RIN101004–AC03); to the Committee tration, Department of Commerce, transmit- lations. on Energy and Natural Resources. ting, pursuant to law, the report of rule rel- EC–135. A communication from the Assist- EC–149. A communication from the Direc- ative to the Endangered Species Act, re- ant Secretary of State (Legislative Affairs), tor of the Office of Insular Affairs, Depart- ceived on November 13, 1996; to the Com- transmitting, pursuant to law, a report rel- ment of the Interior, transmitting, pursuant mittee on Commerce, Science, and Transpor- ative to the United Nations and United Na- to law, a rule entitled ‘‘Changes In Proce- tation. tions-affiliated agencies; to the Committee dures For the Insular Possessions Watch EC–161. A communication from the Deputy on Foreign Relations. Program’’ (RIN0625–AA46) received on Octo- Assistant Administrator for Fisheries, Na- EC–136. A communication from the General ber 30, 1996; to the Committee on Energy and tional Marine Fisheries Service, National Counsel of the Department of Energy, trans- Natural Resources. Oceanic and Atmospheric Administration, mitting, pursuant to law, a rule concerning EC–150. A communication from the General Department of Commerce, transmitting, pur- the Work For Others Program received on Counsel, Department of Transportation, suant to law, the report of a rule relative to November 4, 1996; to the Committee on En- transmitting, pursuant to law, the report of fisheries of the Northeastern United States ergy and Natural Resources. thirteen rules including one relative to revi- (RIN0648–AH06) received on November 20, EC–137. A communication from the Under sion of Class E airspace (RIN2120–AA64, 1996; to the Committee on Commerce, Secretary of Defense (Acquisition and Tech- AA66), received on October 10, 1996; to the Science, and Transportation. nology), transmitting, pursuant to law, the Committee on Commerce, Science, and EC–162. A communication from the Deputy Selected Acquisition Reports for the period Transportation. Assistant Administrator for Fisheries, Na- July 1 through September 30, 1996; to the EC–151. A communication from General tional Marine Fisheries Service, National Committee on Armed Services. Counsel, Department of Transportation, Oceanic and Atmospheric Administration, EC–138. A communication from the Sec- transmitting, pursuant to law, the report of Department of Commerce, transmitting, pur- retary of the Senate, transmitting, pursuant thirteen rules including one relative to revi- suant to law, the report of a rule relative to to law, the report of the receipts and expend- sion of Class E airspace (RIN2120–AA64, fisheries of the Northeastern United States itures of the Senate for the period April 1, AA65, AA66), received on October 10, 1996; to (RIN0648–AH05) received on October 31, 1996; 1996 through September 30, 1996; ordered to the Committee on Commerce, Science, and to the Committee on Commerce, Science, lie on the table. Transportation. and Transportation. EC–139. A communication from the Direc- EC–152. A communication from the General EC–163. A communication from the Assist- tor of the Office of Regulations Management, Counsel, Department of Transportation, ant Administrator for Fisheries, National Department of Veterans’ Affairs, transmit- transmitting, pursuant to law, the report of Marine Fisheries Service, National Oceanic ting, pursuant to law, a rule entitled ‘‘Dis- seven rules including one relative to Class E and Atmospheric Administration, Depart- eases Associated with Exposure to Certain airspace (RIN2120–AA64, AA66), received on ment of Commerce, transmitting, pursuant Herbicide Agents’’ (RIN2900–AI35) received October 3, 1996; to the Committee on Com- to law, the report of a rule relative to fish- on November 8, 1996; to the Committee on merce, Science, and Transportation. eries of the Northeastern United States Veterans’ Affairs. EC–153. A communication from the General (RIN0648–AJ26) received on November 12, EC–140. A communication from the Chair- Counsel, Department of Transportation, 1996; to the Committee on Commerce, man of the U.S. Advisory Commission on transmitting, pursuant to law, the report of Science, and Transportation. Public Diplomacy, transmitting, pursuant to three rules including one relative to stand- EC–164. A communication from the Direc- law, the report entitled ‘‘A New Diplomacy ard instrument approach procedures tor of the Office of Sustainable Fisheries, for the Information Age’’; to the Committee (RIN2120–AA65), received on October 31, 1996; National Marine Fisheries Service, National on Foreign Relations. to the Committee on Commerce, Science, Oceanic and Atmospheric Administration, EC–141. A communication from the Assist- and Transportation. Department of Commerce, transmitting, pur- ant Legal Adviser for Treaty Affairs, Depart- EC–154. A communication from the General suant to law, the report of a rule relative to ment of State, the report of the texts of Counsel, Department of Transportation, the Gulf of Mexico Fisheries Disaster Pro- international agreements, other than trea- transmitting, pursuant to law, the report of gram (RIN0648–ZA19), received on October 23, ties, and background statements; to the a rule relative to airworthiness directives 1996; to the Committee on Commerce, Committee on Foreign Relations. (RIN2120–AA64), received on October 28, 1996; Science, and Transportation.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S87 EC–165. A communication from the Direc- EC–177. A communication from the Under Committee on Governmental Affairs, to the tor of the Office of Sustainable Fisheries, Secretary of Defense, transmitting, pursuant Committee on the Judiciary, to the Com- National Marine Fisheries Service, National to law, the report of a violation of the mittee on Labor and Human Resources, to Oceanic and Atmospheric Administration, Antideficiency Act, case number 94–11; to the the Committee on Banking, Housing, and Department of Commerce, transmitting, pur- Committee on Appropriations. Urban Affairs, to the Committee on Rules suant to law, the report of a rule relative to EC–178. A communication from the Under and Administration, to the Committee on the North Pacific Fisheries Research Plan Secretary of Defense, transmitting, pursuant Small Business, to the Committee on Vet- (RIN0648–AI95), received on November 1, 1996; to law, the report of a violation of the erans Affairs, to the Committee on Indian to the Committee on Commerce, Science, Antideficiency Act, case number 96–03; to the Affairs, to the Select Committee on Ethics, and Transportation. Committee on Appropriations. to the Select Committee on Intelligence, and EC–166. A communication from the Acting EC–179. A communication from the Under to the Special Committee on Aging. Director of the Office of Sustainable Fish- Secretary of Defense, transmitting, pursuant EC–190. A communication from the Deputy eries, National Marine Fisheries Service, Na- to law, the report of a violation of the Secretary of Defense, transmitting, pursuant tional Oceanic and Atmospheric Administra- Antideficiency Act, case number 96–05; to the to law, the report of the Cooperative Threat tion, Department of Commerce, transmit- Committee on Appropriations. Reduction Program Plan; to the Committee ting, pursuant to law, the report of a rule EC–180. A communication from the Under on Armed Services. relative to the Exclusive Economic Zone Off Secretary of Defense, transmitting, pursuant EC–191. A communication from the Sec- Alaska, received on November 1, 1996; to the to law, the report of a violation of the retary of the Treasury, transmitting, pursu- Committee on Commerce, Science, and Antideficiency Act, case number 94–09; to the ant to law, a report entitled ‘‘The Uses and Transportation. Committee on Appropriations. Counterfeiting of U.S. Currency in Foreign EC–167. A communication from the Acting EC–181. A communication from the Chief Countries’’; to the Committee on the Judici- Assistant Administrator for Fisheries, Na- Counsel of the Office of Foreign Assets Con- ary. tional Marine Fisheries Service, National trol, Department of the Treasury, transmit- EC–192. A communication from the Com- Oceanic and Atmospheric Administration, ting, pursuant to law, a rule received on De- missioner of the Immigration and Natu- Department of Commerce, transmitting, pur- cember 2, 1996; to the Committee on Foreign ralization Service, Department of Justice, suant to law, the report of a rule relative to Relations. transmitting, pursuant to law, a rule enti- the North Pacific Fisheries Research Plan EC–182. A communication from the Chair- tled ‘‘Adjustment of Status to That of Per- son Admitted for Permanent Residence: (RIN0648–ZA20), received on November 1, man of the J. William Fulbright Foreign Interview’’ (RIN1115–AD15) received on De- 1996; to the Committee on Commerce, Scholarship Board, transmitting, pursuant cember 2, 1996; to the Committee on the Ju- Science, and Transportation. to law, the annual report for calendar year EC–168. A communication from the Under 1995; to the Committee on Foreign Relations. diciary. EC–193. A communication from the Assist- Secretary for Oceans and Atmosphere, De- EC–183. A communication from the Assist- ant Secretary of Commerce and Commis- partment of Commerce, transmitting, pursu- ant Secretary of State (Legislative Affairs), sioner of Patents and Trademarks, transmit- ant to law, the biennial report on the Coast- transmitting, pursuant to law, the report of ting, pursuant to law, a rule entitled al Zone Management Act for fiscal years 1994 a Presidential Determination relative to ‘‘Changes in Signature and Filing Require- and 1995; to the Committee on Commerce, Iraq; to the Committee on Foreign Rela- tions. ments for Correspondence Filed in the Pat- Science, and Transportation. ent and Trademark Office’’ (RIN0651–AA55) EC–169. A communication from the Asso- EC–184. A communication from the Assist- received on November 27, 1996; to the Com- ciate Director of the National Institute of ant Secretary of State (Legislative Affairs), transmitting, pursuant to law, the report of mittee on the Judiciary. Standards and Technology, Department of EC–194. A communication from the Direc- a notice relative to Iraq; to the Committee Commerce, transmitting, pursuant to law, tor of the Office for Victims of Crime, Office on Foreign Relations. the report of a rule relative to the Faster of Justice Programs, Department of Justice, EC–185. A communication from the Assist- Quality Act (RIN0693–AA90); to the Com- transmitting, pursuant to law, the report on ant Secretary of State (Legislative Affairs), mittee on Commerce, Science, and Transpor- the programs and activities of the Office for transmitting, pursuant to law, the report of tation. Victims of Crime; to the Committee on the a Presidential Determination relative to EC–170. A communication from the Direc- Judiciary. tor of the Office of Regulations Management, United States Prisoners of War and Missing EC–195. A communication from the Deputy Department of Veterans’ Affairs, transmit- in Action; to the Committee on Foreign Re- Assistant Administrator of the Office of Di- ting, pursuant to law, a rule entitled ‘‘The lations. version Control, Drug Enforcement Adminis- Community Residential Care Program’’ EC–186. A communication from the Assist- tration, Department of Justice, transmit- (RIN2900–AH61) received on December 2, 1996; ant Legal Adviser for Treaty Affairs, Depart- ting, pursuant to law, a rule entitled ‘‘Dis- to the Committee on Veterans’ Affairs. ment of State, the report of the texts of tribution of Chemical Import/Export Dec- EC–171. A communication from the Sec- international agreements, other than trea- laration’’ (RIN1117–AA21) received on Octo- retary of Labor. transmitting, pursuant to ties, and background statements; to the ber 31, 1996; to the Committee on the Judici- law, a report on Vietnam-era and Disabled Committee on Foreign Relations. ary. Veterans; to the Committee on Veterans’ Af- EC–187. A communication from the Assist- EC–196. A communication from the Direc- fairs. ant Legal Adviser for Treaty Affairs, Depart- tor of the Executive Office for Immigration EC–172. A communication from the Assist- ment of State, the report of the texts of Review, Department of Justice, transmit- ant Secretary of Indian Affairs, Department international agreements, other than trea- ting, pursuant to law, a rule affecting expan- of the Interior, transmitting, pursuant to ties, and background statements; to the sion of the Board of Immigration Appeals law, the report of a proposed plan for the use Committee on Foreign Relations. (RIN1125–AA17) received on December 24, and distribution of the White Mountain EC–188. A communication from the Presi- 1996; to the Committee on the Judiciary. Apache Tribe’s judgment funds; to the Com- dent of the United States, transmitting, pur- EC–197. A communication from the Com- mittee on Indian Affairs. suant to law, the report of seven new defer- missioner of the Immigration and Natu- EC–173. A communication from the Assist- rals of budgetary resources; referred jointly, ralization Service, Department of Justice, ant Secretary of Indian Affairs, Department pursuant to the order of January 30, 1975, as transmitting, pursuant to law, a rule enti- of the Interior, transmitting, pursuant to modified by the order of April 11, 1986, to the tled ‘‘Revocation of Naturalization’’ law, the report of a rule (RIN1035–AA00) re- Committee on Appropriations, to the Com- (RIN1115–AD45) received on October 31, 1996; ceived on December 19, 1996; to the Com- mittee on the Budget, to the Committee on to the Committee on the Judiciary. mittee on Indian Affairs. Finance, and to the Committee on Foreign EC–198. A communication from the Assist- EC–174. A communication from the Direc- Relations. ant Secretary of State (Legislative Affairs), tor of the Office of Management and Budget EC–189. A communication from the Direc- transmitting, pursuant to law, a rule enti- in the Executive Office of the President, tor of the Office of Management and Budget, tled ‘‘Visas: Regulations Pertaining to Both transmitting, pursuant to law, a report con- Executive Office of the President, transmit- Nonimmigrants and Immigrants’’ received cerning direct spending or receipts legisla- ting, pursuant to law, the OMB Final Se- on November 7, 1996; to the Committee on tion within five days of enactment; to the questration Report for fiscal year 1997; re- the Judiciary. Committee on the Budget. ferred jointly, pursuant to the order of Janu- EC–199. A communication from the Assist- EC–175. A communication from the Special ary 30, 1975, as modified by the order of April ant Secretary of State (Legislative Affairs), Assistant to the President and Senior Direc- 11, 1986, to the Committee on Appropriations, transmitting, pursuant to law, a rule enti- tor for Legislative Affairs, National Security to the Committee on the Budget, to the tled ‘‘Visas: Regulations Pertaining to Both Council, transmitting, pursuant to law, a re- Committee on Agriculture, Nutrition, and Nonimmigrants and Immigrants’’ received port on the Livingston ABM Amendment; to Forestry, to the Committee on Armed Serv- on December 4, 1996; to the Committee on the Committee on Appropriations. ices, to the Committee on Commerce, the Judiciary. EC–176. A communication from the Under Science, and Transportation, to the Com- EC–200. A communication from the Direc- Secretary of Defense, transmitting, pursuant mittee on Energy and Natural Resources, to tor of the Federal Bureau of Prisons, Depart- to law, the report of a violation of the the Committee on Environment and Public ment of Justice, transmitting, pursuant to Antideficiency Act, case number 95–06; to the Works, to the Committee on Finance, to the law, four rules including a rule entitled ‘‘In- Committee on Appropriations. Committee on Foreign Relations, to the coming Publications: Nudity and Sexually

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S88 CONGRESSIONAL RECORD — SENATE January 7, 1997 Explicit Material or Information’’ (RIN1120– fense, transmitting, pursuant to law, five one rule relative to Exclusive Economic AA59, 1120–AA50, 1120–AA21, 1120–AA45); to rules including a rule entitled ‘‘Defense Fed- Zone off Alaska, received on December 2, the Committee on the Judiciary. eral Acquisition Regulation Supplement’’ 1996; to the Committee on Commerce, EC–201. A communication from the Direc- (DFARS Case 96–D023, D332, D334, D320, D330); Science, and Transportation. tor of the Administrative Office of the U.S. to the Committee on Armed Services. EC–227. A communication from the Acting Courts, transmitting, pursuant to law, a re- EC–215. A communication from the Sec- Deputy Assistant Administrator, National port on the continuing need for existing retary of Energy, transmitting, pursuant to Oceanic and Atmospheric Administration, bankruptcy judgeship positions; to the Com- law, the annual report on the coke oven Department of Commerce, transmitting, pur- mittee on the Judiciary. emission control program for fiscal year 1995; suant to law, the report of a rule relative to EC–202. A communication from the Chief to the Committee on Energy and Natural Re- the Monterey Bay National Marine Sanc- Justice of the Supreme Court of the United sources. tuary (RIN0648–AH92) received on December States, transmitting, pursuant to law, a re- EC–216. A communication from the Sec- 13, 1996; to the Committee on Commerce, port entitled ‘‘Study of Judicial Branch Cov- retary of Energy, transmitting, pursuant to Science, and Transportation. erage’’; to the Committee on the Judiciary. law, the quarterly report on the Exxon Strip- EC–228. A communication from the Acting EC–203. A communication from the Sec- per Well Oil Overcharge Funds as of June 30, Assistant Administrator for Fisheries, Na- retary of the Navy, transmitting, pursuant 1996; to the Committee on Energy and Nat- tional Marine Fisheries Service, National to law, a report entitled ‘‘U.S. Navy Ship ural Resources. Oceanic and Atmospheric Administration, Solid Waste Compliance Plan for MARPOL EC–217. A communication from the Sec- Department of Commerce, transmitting, pur- Annex V Special Areas’’; to the Committee retary of Energy, transmitting, pursuant to suant to law, the report of a rule relative to on Armed Services. law, the report on the Automotive Tech- species bycatch allowances (RIN0648–xx73) EC–204. A communication from the Sec- nology Development Program for fiscal year received on December 6, 1996; to the Com- retary of the Panama Canal Commission, 1995; to the Committee on Energy and Nat- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, a rule enti- ural Resources. tation. tled ‘‘Proposal to Increase Tolls and Apply EC–218. A communication from the General EC–229. A communication from the Acting Certain Rules For Measurement of Vessels’’ Counsel of the Department of Energy, trans- Assistant Administrator for Fisheries, Na- received on December 19, 1996; to the Com- mitting, pursuant to law, the report of a rule tional Marine Fisheries Service, National mittee on Armed Services. relative to human resource management, re- Oceanic and Atmospheric Administration, EC–205. A communication from the Presi- ceived on October 30, 1996; to the Committee Department of Commerce, transmitting, pur- dent of the United States, transmitting, pur- on Energy and Natural Resources. suant to law, the report of a rule relative to suant to law, a notice relative to nuclear, bi- EC–219. A communication from the Chair the Fishery Management Plan (RIN0648– ological, and chemical weapons; to the Com- of the Federal Regulatory Commission, AH28) received on December 19, 1996; to the mittee on Armed Services. transmitting, pursuant to law, the report of Committee on Commerce, Science, and EC–206. A communication from the Chair a rule relative to the Federal Power Act, re- Transportation. EC–230. A communication from the Acting of the Defense Environmental Response Task ceived on December 27, 1996; to the Com- Assistant Administrator for Fisheries, Na- Force, Under Secretary of Defense, transmit- mittee on Energy and Natural Resources. ting, pursuant to law, the report for fiscal EC–220. A communication from the Assist- tional Marine Fisheries Service, National Oceanic and Atmospheric Administration, year 1996; to the Committee on Armed Serv- ant Secretary for Water and Science, Depart- Department of Commerce, transmitting, pur- ices. ment of the Interior, transmitting, pursuant suant to law, the report of a rule relative to EC–207. A communication from the Chief of to law, the report of a rule relative to acre- the Fishery Management Plan (RIN0648– the Programs and Legislation Division, Of- age limitation and water conservation AG29) received on December 19, 1996; to the fice of Legislative Liaison, Department of (RIN1006–AA32) received on December 11, Committee on Commerce, Science, and the Air Force, transmitting, pursuant to law, 1996; to the Committee on Energy and Nat- Transportation. notice of a cost comparison at the Air Force ural Resources. EC–231. A communication from the Acting EC–221. A communication from the Acting Development Test Center, Eglin Air Force Deputy Assistant Administrator for Fish- Director of the Office of Reclamation and Base, Florida; to the Committee on Armed eries, National Marine Fisheries Service, Na- Services. Enforcement, Department of the Interior, tional Oceanic and Atmospheric Administra- EC–208. A communication from the Chief of transmitting, pursuant to law, the report of tion, Department of Commerce, transmit- the Programs and Legislation Division, Of- a rule relative to the Kentucky Regulatory ting, pursuant to law, the report of a rule fice of Legislative Liaison, Department of Program, received on December 14, 1996; to relative to the Fishery Management Plan the Air Force, transmitting, pursuant to law, the Committee on Energy and Natural Re- (RIN0648–AD91) received on December 19, notice of a cost comparison at Keesler Air sources. 1996; to the Committee on Commerce, Force Base, Mississippi, and Lackland AFB, EC–222. A communication from the Direc- Science, and Transportation. Texas; to the Committee on Armed Services. tor of the Office of Sustainable Fisheries, EC–232. A communication from the Acting EC–209. A communication from the Chief of National Marine Fisheries Service, Depart- Assistant Administrator for Fisheries, Na- the Programs and Legislation Division, Of- ment of Commerce, transmitting, pursuant tional Marine Fisheries Service, National fice of Legislative Liaison, Department of to law, the report of a rule relative to Exclu- Oceanic and Atmospheric Administration, the Air Force, transmitting, pursuant to law, sive Economic Zone off Alaska, received on Department of Commerce, transmitting, pur- notice of a cost comparison at Bolling Air December 6, 1996; to the Committee on Com- suant to law, the report of a rule relative to Force Base, Washington, DC; to the Com- merce, Science, and Transportation. the List of Fisheries for 1997 (RIN0648–AH33) mittee on Armed Services. EC–223. A communication from the Direc- received on December 30, 1996; to the Com- EC–210. A communication from the Direc- tor of the Office of Sustainable Fisheries, mittee on Commerce, Science, and Transpor- tor of the Office of Administration and Man- National Marine Fisheries Service, Depart- tation. agement, Office of the Secretary of Defense, ment of Commerce, transmitting, pursuant EC–233. A communication from the Assist- transmitting, pursuant to law, a rule enti- to law, the report of a rule relative to Fish- ant Administrator for Fisheries, National tled ‘‘Civilian Health and Medical Program eries of the Northeastern United States, re- Marine Fisheries Service, National Oceanic of the Uniformed Services’’ received on No- ceived on December 9, 1996; to the Committee and Atmospheric Administration, Depart- vember 20, 1996; to the Committee on Armed on Commerce, Science, and Transportation. ment of Commerce, transmitting, pursuant Services. EC–224. A communication from the Direc- to law, the report of a rule relative to Sea EC–211. A communication from the Assist- tor of the Office of Sustainable Fisheries, Turtle Conservation (RIN0648–AH89) received ant Secretary of Defense (Health Affairs), National Marine Fisheries Service, Depart- on December 17, 1996; to the Committee on transmitting, pursuant to law, a report rel- ment of Commerce, transmitting, pursuant Commerce, Science, and Transportation. ative to Medicare late enrollment penalties; to law, the report of a rule relative to Exclu- EC–234. A communication from the Under to the Committee on Armed Services. sive Economic Zone off Alaska, received on Secretary of Agriculture for Food, Nutrition, EC–212. A communication from the Direc- December 2, 1996; to the Committee on Com- and Consumer Services, transmitting, pursu- tor of the Washington Headquarters Serv- merce, Science, and Transportation. ant to law, a rule entitled ‘‘Alaska, the Com- ices, Department of Defense, transmitting, EC–225. A communication from the Direc- monwealth of the Northern Mariana Islands, pursuant to law, a rule entitled ‘‘Civilian tor of the Office of Sustainable Fisheries, Puerto Rico, and Demonstration Projects’’ Health and Medical Program of the Uni- National Marine Fisheries Service, Depart- (RIN0584–AC14) received on November 20, formed Services’’ (RIN0720–AA29) received on ment of Commerce, transmitting, pursuant 1996; to the Committee on Agriculture, Nu- December 19, 1996; to the Committee on to law, the report of a rule relative to Scal- trition, and Forestry. Armed Services. lop Registration Area D, received on Decem- EC–235. A communication from the Assist- EC–213. A communication from the Sec- ber 9, 1996; to the Committee on Commerce, ant Secretary of Agriculture for Marketing retary of Defense, transmitting notice of Science, and Transportation. and Regulatory Programs, transmitting, four retirements; to the Committee on EC–226. A communication from the Acting pursuant to law, a rule entitled ‘‘Fees for Armed Services. Director of the Office of Sustainable Fish- Commodity Inspection’’ (RIN0580–AA48) re- EC–214. A communication from the Direc- eries, National Marine Fisheries Service, De- ceived on December 17, 1996; to the Com- tor of the Defense Procurement (Acquisition partment of Commerce, transmitting, pursu- mittee on Agriculture, Nutrition, and For- and Technology), Under Secretary of De- ant to law, the report of four rules including estry.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S89 EC–236. A communication from the Under EC–248. A communication from the Direc- ‘‘Certain Provisions of the National Voter Secretary of Agriculture for Rural Develop- tor of the National Institutes of Health, Pub- Registration Act of 1993’’ (RIN0970–AB34) re- ment, transmitting, pursuant to law, three lic Health Service, Department of Health and ceived on December 6, 1996; to the Committee rules including a rule entitled ‘‘Rural Busi- Human Services, transmitting, pursuant to on Finance. ness Loan Program Streamlining’’ (RIN0575– law, a rule entitled ‘‘National Institute of EC–260. A communication from the Acting AA09, 0575–AB99, 0575–AB59); to the Com- Environmental Health Sciences Hazardous U.S. Trade Representative, Executive Office mittee on Agriculture, Nutrition, and For- Substances Basis Research and Training of the President, transmitting, pursuant to estry. Grants’’ (RIN0925–AA03) received on Decem- EC–237. A communication from the Chair- law, a report concerning eliminating or re- ber 19, 1996; to the Committee on Environ- ducing foreign unfair trade practices for the man and Chief Executive Officer of the Farm ment and Public Works. Credit Administration, transmitting, pursu- EC–249. A communication from the Sec- period January 1995 through June 1996; to the ant to law, three rules including a rule enti- retary of Health and Human Services, trans- Committee on Finance. tled ‘‘Accounting and Reporting Require- mitting, pursuant to law, the report of the EC–261. A communication from the Presi- ments’’ (RIN3052–AB54, 3052–AB61, 3052– Agency for Toxic Substances and Disease dent of the United States, transmitting, pur- AB73); to the Committee on Agriculture, Nu- Registry for fiscal year 1993, 1994, and 1995; to suant to law, a report relative to broom corn trition, and Forestry. the Committee on Environment and Public brooms; to the Committee on Finance. EC–238. A communication from the Admin- Works. EC–262. A communication from the Chief of istrator of the Agriculture Marketing Serv- EC–250. A communication from the General the Regulations Unit, Internal Revenue ice, Department of Agriculture, transmit- Counsel of the Secretary of Transportation, Service, Department of the Treasury, trans- ting, pursuant to law, sixteen rules including transmitting, pursuant to law, a rule enti- mitting, pursuant to law, a rule entitled a rule entitled ‘‘Tomatoes Grown in Florida’’ tled ‘‘Emergency Relief Program’’ (RIN2125– ‘‘Requirement of Return and Time for Fil- (FV96–966–1, 981–4, 989–3, 905–4, 906–2, 911–1, AD60) received on December 19, 1996; to the ing’’ (RIN1545–AU65) received on January 2, 920–3, 987–1, 920–3, 998–2, 906–3, 955–1, 984–1 Committee on Environment and Public 1997; to the Committee on Finance. IFR); to the Committee on Agriculture, Nu- Works. trition, and Forestry. EC–251. A communication from the Sec- EC–263. A communication from the Chief of EC–239. A communication from the Con- retary of Transportation, transmitting, pur- the Regulations Unit, Internal Revenue gressional Review Coordinator of the Animal suant to law, the annual report under the Service, Department of the Treasury, trans- and Plant Health Inspection Service, Depart- Superfund Amendments and Reauthorization mitting, pursuant to law, two announce- ment of Agriculture, transmitting, pursuant Act for fiscal year 1996; to the Committee on ments (96–133, 97–1); to the Committee on Fi- to law, three rules including a rule entitled Environment and Public Works. nance. EC–252. A communication from the Acting ‘‘Importation of Fruits and Vegetables’’ (95– EC–264. A communication from the Chief of Director of the Fish and Wildlife Service, De- 098–3, 96–045–1, 96–074–1); to the Committee on the Regulations Unit, Internal Revenue Agriculture, Nutrition, and Forestry. partment of the Interior, transmitting, pur- EC–240. A communication from the Acting suant to law, a rule entitled ‘‘Determination Service, Department of the Treasury, trans- Executive Director of the U.S. Commodity of Endangered Status for Lesquerella mitting, pursuant to law, eighteen Treasury Futures Trading Commission, transmitting, perforata’’ (RIN:AC42) received on December regulations including a regulation entitled pursuant to law, two rules including a rule 19, 1996; to the Committee on Environment ‘‘Sale of Seized Property’’ (RIN1545–AU13, entitled ‘‘Report for Commission Interpreta- and Public Works. 1545–AE94, 1545–AS19, 1545–AT48, 1545–AU52, tion’’; to the Committee on Agriculture, Nu- EC–253. A communication from the Chair- 1545–AS52, 1545–AT64, 1545–AS94, 1545–AT92, trition, and Forestry. man of the U.S. Nuclear Regulatory Commis- 1545–AS14, 1545–AT91, 1545–AR57, 1545–AS09, EC–241. A communication from the Admin- sion, transmitting, pursuant to law, the re- 1545–AS30, 1545–AT19, 1545–AU44, 1545–AS04, istrator of the Foreign Agricultural Service, port on the nondisclosure of safeguards in- 1545–AU47, 1545–AT25); to the Committee on Department of Agriculture, transmitting, formation for the period July 1 through Sep- Finance. pursuant to law, two rules including a rule tember 30, 1996; to the Committee on Envi- EC–265. A communication from the Chief of entitled ‘‘Foreign Donation of Agricultural ronment and Public Works. the Regulations Unit, Internal Revenue Commodities’’ (7 CFR Part 1499, 1485); to the EC–254. A communication from the Direc- Service, Department of the Treasury, trans- Committee on Agriculture, Nutrition, and tor of the Office of the Congressional Affairs mitting, pursuant to law, Revenue Ruling 92– Forestry. of the U.S. Nuclear Regulatory Commission, 62 received on December 17, 1996; to the Com- EC–242. A communication from the Acting transmitting, pursuant to law, seven rules mittee on Finance. Administrator of the Farm Service Agency, including a rule entitled ‘‘Interim Guidance Department of Agriculture, transmitting, On Transportation of Steam Generators’’; to EC–266. A communication from the Chief of pursuant to law, three rules including a rule the Committee on Environment and Public the Regulations Unit, Internal Revenue entitled ‘‘Dairy Indemnity Payment Pro- Works. Service, Department of the Treasury, trans- gram’’ (RIN0560–AE97, 0560–AE45, 0560–AE46); EC–255. A communication from the Direc- mitting, pursuant to law, Revenue Ruling 92– to the Committee on Agriculture, Nutrition, tor of the Office of Regulatory Management 65 received on December 18, 1996; to the Com- and Forestry. and Information, Office of Policy, Planning, mittee on Finance. EC–243. A communication from the Admin- and Evaluation, U.S. Environmental Protec- EC–267. A communication from the Chief of istrator of the Agriculture Marketing Serv- tion Agency, transmitting, pursuant to law, the Regulations Unit, Internal Revenue ice, Department of Agriculture, transmit- twenty-three (23) rules including a rule enti- Service, Department of the Treasury, trans- ting, pursuant to law, a rule entitled ‘‘Grad- tled ‘‘National Priorities List for Uncon- mitting, pursuant to law, thirteen Revenue ing and Inspection’’ (RIN0581–AB43) received trolled Hazardous Waste Sites’’ (FRL5601–7, Rulings (96–61, 96–63, 96–56, 96–58, 96–59, 96–64, on December 31, 1996; to the Committee on 5668–3, 5665–9, 5658–6, 5658–7, 5659–9, 5658–4, 97–1, 97–3, 97–4, 96–53, 96–54, 96–57, 96–60); to Agriculture, Nutrition, and Forestry. 5658–5, 5671–1, 5670–5, 5670–2, 5665–8, 5666–1, the Committee on Finance. EC–244. A communication from the Admin- 5659–7, 5654–7, 5664–3, 5664–6, 5665–1, 5657–5, EC–268. A communication from the Chief of istrator of the Food and Consumer Service, 5649–8, 5662–8, 5667–8, 5662–5); to the Com- the Regulations Unit, Internal Revenue Department of Agriculture, transmitting, mittee on Environment and Public Works. pursuant to law, a rule entitled ‘‘Revisions EC–256. A communication from the Admin- Service, Department of the Treasury, trans- in Use and Disclosure Rules’’ (RIN0584–AC00) istrator of the U.S. Environmental Protec- mitting, pursuant to law, eighteen Revenue received on January 2, 1997; to the Com- tion Agency, transmitting, pursuant to law, Procedures (96–38, 96–52, 96–53, 96–54, 96–55, 96– mittee on Agriculture, Nutrition, and For- the report on environmental monitoring of 56, 96–57, 96–58, 96–60, 96–59, 96–61, 96–63, 96–62, estry. organotin for the period April 1991 through 96–64, 97–3, 97–8, 97–9, 97–5); to the Committee EC–245. A communication from the Board June 1992; to the Committee on Environment on Finance. of Directors of the Panama Canal Commis- and Public Works. EC–269. A communication from the Chief of sion, transmitting, pursuant to law, the re- EC–257. A communication from the Sec- the Regulations Unit, Internal Revenue port of the dissolution study; to the Com- retary of Health and Human Services, trans- Service, Department of the Treasury, trans- mittee on Armed Services. mitting, pursuant to law, four rules includ- mitting, pursuant to law, twenty-one No- EC–246. A communication from the Direc- ing a rule entitled ‘‘Medicare Program; tices (96–64, 96–65, 96–66, 96–67, 96–68, 97–1, 97– tor of the Office of Administration and Man- Changes Concerning Suspension of Medicare 2, 97–3, 97–4, 97–6, 97–7, 97–10, 97–11, 96–53, 96– agement, Secretary of Defense, transmit- Payments, and Determinations of Allowable 55, 96–57, 96–58, 96–59, 96–60, 96–61, 96–62); to ting, pursuant to law, a rule entitled ‘‘Infla- Interest Expenses’’ (RIN0938–AC99, AH45, the Committee on Finance. tion Adjustment of Civil Monetary Pen- AH08, AH41); to the Committee on Finance. EC–270. A communication from the Inspec- alties’’ received on January 2, 1997; to the EC–258. A communication from the Sec- tor General of the Department of Commerce, Committee on Armed Services. retary of Health and Human Services, trans- transmitting, pursuant to law, a report on EC–247. A communication from the Assist- mitting, pursuant to law, a rule entitled the export license application screening ant Secretary of the Army (Civil Works) ‘‘Certain Provisions of the National Voter process; to the Committee on Banking, Hous- transmitting, pursuant to law, a rule enti- Registration Act of 1993’’ (RIN0970–AB32) re- ing, and Urban Affairs. tled ‘‘Cooper River and Tributaries, Charles- ceived on November 22, 1996; to the Com- ton, South Carolina, Danger Zones and Re- mittee on Finance. EC–271. A communication from the Chair- stricted Areas’’ received on December 19, EC–259. A communication from the Sec- man of the Federal Deposit Insurance Cor- 1996; to the Committee on Environment and retary of Health and Human Services, trans- poration, transmitting, pursuant to law, the Public Works. mitting, pursuant to law, a rule entitled annual report for calendar year 1995; to the

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S90 CONGRESSIONAL RECORD — SENATE January 7, 1997 Committee on Banking, Housing, and Urban pursuant to law, two rules including a rule suant to law, a report on the administration Affairs. entitled ‘‘Fiscal Service’’; to the Committee of export controls on encryption products; to EC–272. A communication from the Sec- on Banking, Housing, and Urban Affairs. the Committee on Banking, Housing, and retary of the Treasury, transmitting, pursu- EC–285. A communication from the Man- Urban Affairs. ant to law, the annual report on the oper- aging Director of the Federal Housing Fi- EC–299. A communication from the Presi- ations of the Exchange Stabilization Fund nance Board, transmitting, pursuant to law, dent of the United States, transmitting, pur- for fiscal year 1995; to the Committee on four rules including a rule entitled ‘‘Amend- suant to law, notice relative to the continu- Banking, Housing, and Uban Affairs. ment of Budgets Regulation’’ (96–71, 96–80, ation of the Iran emergency; to the Com- EC–273. A communication from the Under 96–81, 96–79); to the Committee on Banking, mittee on Banking, Housing, and Urban Af- Secretary of Commerce for Export Adminis- Housing, and Urban Affairs. fairs. tration, transmitting, pursuant to law, the EC–286. A communication from the Legis- EC–300. A communication from the Presi- report on the imposition of foreign policy ex- lative and Regulatory Activities Division, dent of the United States, transmitting, pur- port controls; to the Committee on Banking, Administrator of National Banks, Comp- suant to law, notice of the continuation of Housing, and Urban Affairs. troller of the Currency, transmitting, pursu- EC–274. A communication from the Acting ant to law, eight rules including a rule enti- the emergency regarding weapons of mass Executive Director of the Thrift Depositor tled ‘‘Sales of Credit Life Insurance’’ destruction; to the Committee on Banking, Protection Oversight Board, transmitting, (RIN1557–AB49, AB40, AB37, AB42, AB41, Housing, and Urban Affairs. pursuant to law, a rule entitled ‘‘Book-Entry AB45, AB12, AB27); to the Committee on EC–301. A communication from the Presi- Procedure’’ received on December 17, 1996; to Banking, Housing, and Urban Affairs. dent of the United States, transmitting, pur- the Committee on Banking, Housing, and EC–287. A communication from the Sec- suant to law, notice relative to the Govern- Urban Affairs. retary of the U.S. Securities and Exchange ments of Serbia and Montenegro; to the EC–275. A communication from the Sec- Commission, transmitting, pursuant to law, Committee on Banking, Housing, and Urban retary of Housing and Urban Development, five rules including a rule entitled ‘‘Adjust- Affairs. transmitting, pursuant to law, the annual re- ments to Civil Monetary Penalty Amounts’’ EC–302. A communication from the Presi- port on fair housing programs for calendar (RIN3235–AG47, AG78, AF54); to the Com- dent of the United States, transmitting, pur- year 1994; to the Committee on Banking, mittee on Banking, Housing, and Urban Af- suant to law, a report on the national emer- Housing, and Urban Affairs. fairs. gency caused by the lapse of the Export Ad- EC–276. A communication from the Acting EC–288. A communication from the Assist- ministration Act of 1979; to the Committee Secretary of the Board of the National Cred- ant to the Board of Governors of the Federal on Banking, Housing, and Urban Affairs. it Union Administration, transmitting, pur- Reserve Board, transmitting, pursuant to EC–303. A communication from the Presi- suant to law, four rules including a rule enti- law, eleven rules including a rule entitled dent and Chairman of the Export-Import tled ‘‘Supervisory Committee Audits and ‘‘Reimbursement for Providing Financial Bank of the United States, transmitting, Verifications’’; to the Committee on Bank- Records’’ (Docket Numbers R–0934, 0938, 0928, pursuant to law, a report relative to a trans- ing, Housing, and Urban Affairs. 0892, 0936, 0939, 0931, 0946, 0937, 0841, 0929); to action involving U.S. exports to the People’s EC–277. A communication from the Chair- the Committee on Banking, Housing, and Republic of China; to the Committee on man of the Board of the National Credit Urban Affairs. Banking, Housing, and Urban Affairs. Union Administration, transmitting, pursu- EC–289. A communication from the Chair- man of the Board of Governors of the Federal EC–304. A communication from the Presi- ant to law, the report of the Office of the In- dent and Chairman of the Export-Import spector General for the period April 1 Reserve System, transmitting, pursuant to law, a report on rules on home-equity credit; Bank of the United States, transmitting, through September 30, 1996; to the Com- pursuant to law, a report relative to a trans- mittee on Banking, Housing, and Urban Af- to the Committee on Banking, Housing, and Urban Affairs. action involving U.S. exports to Lithuania; fairs. to the Committee on Banking, Housing, and EC–278. A communication from the Assist- EC–290. A communication from the Chair- Urban Affairs. ant Secretary of Commerce for Export Ad- man of the Board of Governors of the Federal ministration, transmitting, pursuant to law, Reserve System, transmitting, pursuant to EC–305. A communication from the Presi- two rules including a rule entitled ‘‘Revi- law, a report on funds availability schedules dent and Chairman of the Export-Import sions to the Export Administration Regula- and check fraud at depository institutions; Bank of the United States, transmitting, tions: License Exceptions’’ (RIN0694–AB51, to the Committee on Banking, Housing, and pursuant to law, a report relative to a trans- AB09); to the Committee on Banking, Hous- Urban Affairs. action involving U.S. exports to Mexico; to ing, and Urban Affairs. EC–291. A communication from the Presi- the Committee on Banking, Housing, and EC–279. A communication from the Assist- dent of the United States, transmitting, pur- Urban Affairs. ant Secretary of State (Legislative Affairs), suant to law, notice of the continuation of EC–306. A communication from the Presi- transmitting, pursuant to law, the report of the Libyan emergency; to the Committee on dent and Chairman of the Export-Import a Presidential Determination relative to the Banking, Housing, and Urban Affairs. Bank of the United States, transmitting, EC–292. A communication from the Presi- People’s Republic of China; to the Com- pursuant to law, a report relative to a trans- dent of the United States, transmitting, pur- mittee on Banking, Housing, and Urban Af- action involving U.S. exports to the Republic suant to law, notice of the continuation of fairs. of the Philippines; to the Committee on EC–280. A communication from the Assist- the Iran emergency; to the Committee on Banking, Housing, and Urban Affairs. Banking, Housing, and Urban Affairs. ant Secretary of State (Legislative Affairs), EC–293. A communication from the Presi- EC–307. A communication from the Presi- transmitting, pursuant to law, the report of dent of the United States, transmitting, pur- dent and Chairman of the Export-Import a Presidential Determination relative to the suant to law, notice of the continuation of Bank of the United States, transmitting, People’s Republic of China; to the Com- the emergency with respect to significant pursuant to law, a report relative to a trans- mittee on Banking, Housing, and Urban Af- narcotics traffickers centered in Colombia; action involving U.S. exports to Qatar; to fairs. the Committee on Banking, Housing, and EC–281. A communication from the Chief to the Committee on Banking, Housing, and Urban Affairs. Urban Affairs. Counsel of the Office of Foreign Assets Con- EC–294. A communication from the Presi- EC–308. A communication from the Presi- trol, Department of the Treasury, transmit- dent of the United States, transmitting, pur- dent and Chairman of the Export-Import ting, pursuant to law, four rules including a suant to law, a notice relative to processing Bank of the United States, transmitting, rule entitled ‘‘Iranian Transactions Regula- export license applications; to the Com- pursuant to law, a report relative to a trans- tions’’; to the Committee on Banking, Hous- mittee on Banking, Housing, and Urban Af- action involving U.S. exports to the Republic ing, and Urban Affairs. fairs. of Uzbekistan; to the Committee on Bank- EC–282. A communication from the Federal EC–295. A communication from the Presi- ing, Housing, and Urban Affairs. Register Liaison Officer of the Office of dent of the United States, transmitting, pur- EC–309. A communication from the Acting Thrift Supervision, Department of the Treas- suant to law, a notice relative to the Chinese Deputy Secretary of Education, transmit- ury, transmitting, pursuant to law, four FY–1 meteorological satellite; to the Com- ting, pursuant to law, a report relative to pa- rules including a rule entitled ‘‘Subsidiaries mittee on Banking, Housing, and Urban Af- perwork; to the Committee on Labor and and Equity Investments’’; to the Committee fairs. Human Resources. on Banking, Housing, and Urban Affairs. EC–296. A communication from the Presi- EC–283. A communication from the General EC–310. A communication from the Chair dent of the United States, transmitting, pur- of the U.S. Commission On Child and Family Counsel of the Department of Housing and suant to law, a notice relative to the Urban Development, transmitting, pursuant Welfare, transmitting, pursuant to law, a re- SINOSAT project; to the Committee on port entitled ‘‘Parenting Our Children: In to law, nineteen rules including a rule enti- Banking, Housing, and Urban Affairs. tled ‘‘Streamlining of the Supportive Hous- EC–297. A communication from the Presi- the Best Interest of the Nation’’; to the Com- ing Program Regulations’’ (FR–4022, 2206, dent of the United States, transmitting, pur- mittee on Labor and Human Resources. 4072, 4091, 4089, 4088, 3982, 4038, 4077, 4148, 4112, suant to law, notice of the continuation of EC–311. A communication from the Chair- 4154, 4095, 4139, 3324, 4081, 4116, 4136); to the the emergency with respect to significant man of the Railroad Retirement Board, Committee on Banking, Housing, and Urban narcotics traffickers centered in Colombia; transmitting, pursuant to law, the annual re- Affairs. to the Committee on Banking, Housing, and port for calendar year 1996; to the Committee EC–284. A communication from the Chief Urban Affairs. on Labor and Human Resources. Counsel of the Bureau of the Public Debt, EC–298. A communication from the Presi- EC–312. A communication from the Sec- Department of the Treasury, transmitting, dent of the United States, transmitting, pur- retary of Education and the Secretary of

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S91 Labor, transmitting jointly, pursuant to law, ‘‘Extralabel Drug Use in Animals’’ (RIN0910– tation, transmitting, pursuant to law, the re- a report on activities under the School-to- AA47, AA01, AA23, AA31); to the Committee port of seven rules including one rule rel- Work Opportunities Act; to the Committee on Labor and Human Resources. ative to prohibition of oxygen generators on Labor and Human Resources. EC–325. A communication from the Sec- (RIN2137–AC89, 2115–AA97, 2127–AF63, 2105– EC–313. A communication from the Acting retary of Health and Human Services, trans- AC59, 2120–AA66, 2127–AG14, 2125–AD92); to Deputy Assistant Secretary of Labor, Office mitting, pursuant to law, five rules including the Committee on Commerce, Science, and of Labor-Management Standards, transmit- a rule entitled ‘‘Civil Money Penalty Infla- Transportation. ting, pursuant to law, a rule entitled ‘‘Per- tion Adjustments’’ (RIN0991–AZ00, 0910–AA60, EC–339. A communication from the General manent Replacement of Lawfully Striking 0910–AA09, 0970–AB55); to the Committee on Counsel of the Department of Transpor- Employees by Federal Contractors’’ Labor and Human Resources. tation, transmitting, pursuant to law, the re- (RIN1294–AA15); to the Committee on Labor EC–326. A communication from the Admin- port of two rules including one rule relative and Human Resources. istrator of the Health Resources and Serv- to power brake regulations (RIN2130–AA73, EC–314. A communication from the Sec- ices Administration, Public Health Services, 2127–AG60), received on January 2, 1997; to retary of the Treasury, transmitting, pursu- Department of Health and Human Services, the Committee on Commerce, Science, and ant to law, the annual report of the audit of transmitting, pursuant to law, a rule enti- Transportation. the Student Loan Marketing Association’s tled ‘‘Grants for Nurse Practitioner and EC–340. A communication from the General financial statements for calendar year 1995; Nurse Midwifery Programs’’ (RIN0906–AA40); Counsel of the Department of Transpor- to the Committee on Labor and Human Re- to the Committee on Labor and Human Re- tation, transmitting, pursuant to law, the re- sources. sources. port of eight rules relative to Airworthiness EC–315. A communication from the Office EC–327. A communication from the Sec- Directives (RIN2120–AA64), received on Janu- of the Assistant Secretary of Health and retary of Health and Human Services, trans- ary 2, 1997; to the Committee on Commerce, Human Services, Administration For Chil- mitting, pursuant to law, an annual report Science, and Transportation. dren and Families, transmitting, pursuant to relative to the Prescription Drug User Fee EC–341. A communication from the General law, a rule on the Developmental Disabilities Act for fiscal year 1996; to the Committee on Counsel of the Department of Transpor- Program (RIN0970–AB11) received on October Labor and Human Resources. tation, transmitting, pursuant to law, the re- 1, 1996; to the Committee on Labor and EC–328. A communication from the Sec- port of thirty-one rules including one rule Human Resources. retary of Health and Human Services, trans- relative to Airworthines Directives, EC–316. A communication from the Assist- mitting, pursuant to law, a report on the ef- (RIN2120–AA64, AA65, AA66, AG27, AD47), re- ant Secretary of Labor for Occupational fectiveness of demonstration projects to ad- ceived on December 2, 1996; to the Committee Safety and Health, transmitting, pursuant to dress child access problems; to the Com- on Commerce, Science, and Transportation. law, a rule entitled ‘‘Occupational Exposure mittee on Labor and Human Resources. EC–342. A communication from the General to 1,3-Butadiene’’ (RIN1218–AA83) received on EC–329. A communication from the Sec- Counsel of the Department of Transpor- November 4, 1996; to the Committee on Labor retary of Health and Human Services, trans- tation, transmitting, pursuant to law, the re- and Human Resources. mitting, pursuant to law, a report on child- port of five rules including one rule relative EC–317. A communication from the Assist- hood lead poisoning prevention activities for to hazardous materials regulations (RIN2130– ant Secretary of Labor for Occupational fiscal years 1993 and 1994; to the Committee AB00, 2127–AG54, 2115–AE72, 2127–AD01, 2127– Safety and Health, transmitting, pursuant to on Labor and Human Resources. AG20), received on October 31, 1996; to the law, a rule entitled ‘‘North Carolina State EC–330. A communication from the Sec- Committee on Commerce, Science, and Plan; Final Approval Determination’’ re- retary of Education, transmitting, a draft of Transportation. ceived on December 16, 1996; to the Com- proposed legislation entitled ‘‘The Presi- EC–343. A communication from the General mittee on Labor and Human Resources. dential Honors Scholarship Act of 1996’’; to Counsel of the Department of Transpor- EC–318. A communication from the Assist- the Committee on Labor and Human Re- tation, transmitting, pursuant to law, the re- ant Secretary of Labor for Mine Safety and sources. port of six rules including one rule relative Health, transmitting, pursuant to law, two EC–331. A communication from the Sec- to Airworthiness Directives, (RIN2120–AG30, rules including a rule entitled ‘‘First Aid at retary of Education, transmitting, pursuant 2120–AA64) received on November 21, 1996; to Metal and Nonmetal Mines’’ (RIN1219–AA97, to law, a report on efforts to assure the free the Committee on Commerce, Science, and AA27); to the Committee on Labor and appropriate public education of all children Transportation. Human Resources. with disabilities; to the Committee on Labor EC–344. A communication from the General EC–319. A communication from the Assist- and Human Resources. Counsel of the Department of Transpor- ant Secretary of Labor for Employment and EC–332. A communication from the Sec- tation, transmitting, pursuant to law, the re- Training, transmitting, pursuant to law, retary of Education, transmitting, pursuant port of nine rules relative to Airworthiness three rules including a rule entitled ‘‘Unem- to law, a report relative to vocational edu- Directives, (RIN2120–AA64) received on No- ployment Insurance Program Letter 30–96 cation programs; to the Committee on Labor vember 7, 1996; to the Committee on Com- and 37–96’’ (RIN1205–AB13); to the Committee and Human Resources. merce, Science, and Transportation. on Labor and Human Resources. EC–333. A communication from the Direc- EC–345. A communication from the General EC–320. A communication from the Deputy tor of the National Science Foundation, Counsel of the Department of Transpor- Executive Director and Chief Operating Offi- transmitting, pursuant to law, a report enti- tation, transmitting, pursuant to law, the re- cer, Pension Benefit Guaranty Corporation, tled ‘‘Scientific and Engineering Research port of four rules relative to Class E Air- transmitting, pursuant to law, six rules in- Facilities at Colleges and Universities: 1996’’; space, (RIN2120–AA66) received on November cluding a rule entitled ‘‘Payment of Pre- to the Committee on Labor and Human Re- 4, 1996; to the Committee on Commerce, miums’’: to the Committee on Labor and sources. Science, and Transportation. Human Resources. EC–334. A communication from the Direc- EC–346. A communication from the General EC–321. A communication from the Assist- tor of the National Science Foundation, Counsel of the Department of Transpor- ant General Counsel for Regulations, Depart- transmitting, pursuant to law, a report enti- tation, transmitting, pursuant to law, the re- ment of Education, transmitting, pursuant tled ‘‘Women, Minorities, and Persons With port of three rules including one rule rel- to law, fourteen rules including the final reg- Disabilities in Science and Engineering’’; to ative to commercial fishing regulations ulations for the Federal Family Education the Committee on Labor and Human Re- (RIN21115–AF35, 2105–AC63, 2105–AB62), re- Loan Program; to the Committee on Labor sources. ceived on November 7, 1996; to the Com- and Human Resources. EC–335. A communication from the Sec- mittee on Commerce, Science, and Transpor- EC–322. A communication from the Sec- retary of Labor, transmitting, pursuant to tation. retary of Education, transmitting, pursuant law, the annual report on the program oper- EC–347. A communication from the General to law, a report relative to institutions of ations of the Office of Workers’ Compensa- Counsel of the Department of Transpor- higher education; to the Committee on tion Programs for fiscal year 1995; to the tation, transmitting, pursuant to law, the re- Labor and Human Resources. Committee on Labor and Human Resources. port of six rules including one rule relative EC–323. A communication from the Direc- EC–336. A communication from the Sec- to drawbridge regulations (RIN2115–AE46, tor of the National Institutes of Health, Pub- retary of Labor, transmitting, pursuant to AA–97, AF17); to the Committee on Com- lic Health Services, Department of Health law, the annual report covering the adminis- merce, Science, and Transportation. and Human Services, transmitting, pursuant tration of the Employee Retirement Income EC–348. A communication from the General to law, four rules including a rule entitled Security Act for calendar year 1994; to the Counsel of the Department of Transpor- ‘‘Grants for Research Projects’’ (RIN0905– Committee on Labor and Human Resources. tation, transmitting, pursuant to law, the re- AC02, AD56, AA15, AE00); to the Committee EC–337. A communication from the Sec- port of five rules relative to Class E Air- on Labor and Human Resources. retary of Labor, transmitting, pursuant to space, (RIN2120–AA66) received on October 7, EC–324. A communication from the Direc- law, the annual report on training and em- 1996; to the Committee on Commerce, tor of Regulations Policy, Management ployment programs for program year 1992 Science, and Transportation. Staff, Office of Policy, Food and Drug Ad- and fiscal year 1993; to the Committee on EC–349. A communication from the General ministration, Department of Health and Labor and Human Resources. Counsel of the Department of Transpor- Human Services, transmitting, pursuant to EC–338. A communication from the General tation, transmitting, pursuant to law, the re- law, eleven rules including a rule entitled Counsel of the Department of Transpor- port of two rules including one rule relative

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S92 CONGRESSIONAL RECORD — SENATE January 7, 1997 to notice of arrivals, (2115–AF29 , AF19); to received on December 5, 1996; to the Com- tions Commission, transmitting, pursuant to the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- law, the report of a rule relative to amateur Transportation. tation. radio service, received on November 1, 1996; EC–350. A communication from the General EC–361. A communication from the General to the Committee on Commerce, Science, Counsel of the Department of Transpor- Counsel of the Department of Transpor- and Transportation. tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- EC–374. A communication from the Man- port of three rules including one rule rel- port of eighteen rules including one rule rel- aging Director of the Federal Communica- ative to Safety Zones, (RIN2137–AC94, 2115– ative to Airworthiness Directives, (RIN2120– tions Commission, transmitting, pursuant to AA97, 2115–AF34) received on October 1, 1996; AA64, AA66, AD47, AE83) received on Decem- law, the report of nine rules including one to the Committee on Commerce, Science, ber 19, 1996; to the Committee on Commerce, rule relative to domestic ship and aircraft and Transportation. Science, and Transportation. radio stations; to the Committee on Com- EC–351. A communication from the General EC–362. A communication from the Sec- merce, Science, and Transportation. Counsel of the Department of Transpor- retary of the Federal Trade Commission, EC–375. A communication from the Man- tation, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of aging Director of the Federal Communica- port of eight rules relative to Airworthiness six rules including one rule relative to appli- tions Commission, transmitting, pursuant to Directives (RIN2120–AA64); to the Committee ance labeling; to the Committee on Com- law, the report of a rule relative to FM on Commerce, Science, and Transportation. merce, Science, and Transportation. broadcast stations, received on December 2, EC–352. A communication from the General EC–363. A communication from the Man- 1996; to the Committee on Commerce, Counsel of the Department of Transpor- aging Director of the Federal Communica- Science, and Transportation. tation, transmitting, pursuant to law, the re- tions Commission, transmitting, pursuant to EC–376. A communication from the Man- port of two rules including one rule relative law, the report of three rules including one aging Director of the Federal Communica- to Maritime Security Program Regulations, relative to FM broadcast stations, received tions Commission, transmitting, pursuant to (RIN2133–AB24, 2125–AD96) received on Octo- on October 8, 1996; to the Committee on Com- law, the report of seventeen rules including ber 18, 1996; to the Committee on Commerce, merce, Science, and Transportation. one rule relative to FM broadcast stations, Science, and Transportation. EC–364. A communication from the Man- received on December 24, 1996; to the Com- EC–353. A communication from the General aging Director of the Federal Communica- mittee on Commerce, Science, and Transpor- Counsel of the Department of Transpor- tions Commission, transmitting, pursuant to tation. tation, transmitting, pursuant to law, the re- law, the report of five rules including one EC–377. A communication from the Acting port of four rules including one rule relative relative to FM broadcast stations, received Director of the Office of Sustainable Fish- to Airworthiness Directives, (RIN2120–AA64, on November 4, 1996; to the Committee on eries, National Marine Fisheries Service, Na- AG28, AF43) received on October 18, 1996; to Commerce, Science, and Transportation. tional Oceanic and Atmospheric Administra- EC–365. A communication from the Man- the Committee on Commerce, Science, and tion, Department of Commerce, transmit- aging Director of the Federal Communica- ting, pursuant to law, the report of ten rules Transportation. tions Commission, transmitting, pursuant to EC–354. A communication from the General including one rule relative to yellowtail law, the report of six rules including one rel- Counsel of the Department of Transpor- rockfish; to the Committee on Commerce, ative to FM broadcast stations, received on tation, transmitting, pursuant to law, the re- Science, and Transportation. September 24, 1996; to the Committee on EC–378. A communication from the Direc- port of six rules including one rule relative Commerce, Science, and Transportation. tor of the Office of Sustainable Fisheries, to roadway worker protection, (RIN2130– EC–366. A communication from the Man- National Marine Fisheries Service, National AB13, 2130–AA86, 2132–AA57, 2115–AF35, 2115– aging Director of the Federal Communica- Oceanic and Atmospheric Administration, AA97, 2115–AF11) received on December 19, tions Commission, transmitting, pursuant to Department of Commerce, transmitting, pur- 1996; to the Committee on Commerce, law, the report of a rule relative to pay tele- suant to law, the report of eleven rules in- Science, and Transportation. phone provisions, received on November 22, cluding one rule relative to other rockfish; EC–355. A communication from the General 1996; to the Committee on Commerce, to the Committee on Commerce, Science, Counsel of the Department of Transpor- Science, and Transportation. and Transportation. tation, transmitting, pursuant to law, the re- EC–367. A communication from the Man- EC–379. A communication from the Assist- port of three rules including one rule rel- aging Director of the Federal Communica- ant Administrator for Fisheries, National ative to commercial fishing regulations, tions Commission, transmitting, pursuant to Marine Fisheries Service, National Oceanic (RIN2115–AF35, 2125–AD62, 2105–AB62) re- law, the report of a rule relative to competi- and Atmospheric Administration, Depart- ceived on December 3, 1996; to the Committee tive bidding, received on November 22, 1996; ment of Commerce, transmitting, pursuant on Commerce, Science, and Transportation. to the Committee on Commerce, Science, to law, the report of a rule relative to con- EC–356. A communication from the General and Transportation. solidation of all Alaska regulations, Counsel of the Department of Transpor- EC–368. A communication from the Man- (RIN0648–AI18) received on October 7, 1996; to tation, transmitting, pursuant to law, the re- aging Director of the Federal Communica- the Committee on Commerce, Science, and port of six rules relative to Airworthiness tions Commission, transmitting, pursuant to Transportation. Directives, (RIN2120–AA64) received on De- law, the report of a rule relative to filing re- EC–380. A communication from the Assist- cember 12, 1996; to the Committee on Com- quirements, received on November 22, 1996; ant Administrator for Fisheries, National merce, Science, and Transportation. to the Committee on Commerce, Science, Marine Fisheries Service, National Oceanic EC–357. A communication from the General and Transportation. and Atmospheric Administration, Depart- Counsel of the Department of Transpor- EC–369. A communication from the Man- ment of Commerce, transmitting, pursuant tation, transmitting, pursuant to law, the re- aging Director of the Federal Communica- to law, the report of two rules including one port of seven rules including one rule rel- tions Commission, transmitting, pursuant to rule relative to Fisheries of the Northeastern ative to railroad accident reporting, law, the report of a rule relative to inter- United States, (RIN0648–AH70, AJ25) received (RIN2115–AE01, 2115–AE46, 2130–AA58, 2127– state interexchange marketplace, received on September 24, 1996; to the Committee on AG14) received on December 5, 1996; to the on November 7, 1996; to the Committee on Commerce, Science, and Transportation. Committee on Commerce, Science, and Commerce, Science, and Transportation. EC–381. A communication from the Na- Transportation. EC–370. A communication from the Man- tional Marine Fisheries Service, National EC–358. A communication from the General aging Director of the Federal Communica- Oceanic and Atmospheric Administration, Counsel of the Department of Transpor- tions Commission, transmitting, pursuant to Department of Commerce, transmitting, pur- tation, transmitting, pursuant to law, the re- law, the report of a rule relative to citizen- suant to law, the report of a rule relative to port of five rules including one rule relative ship requirements, received on October 24, the Atlantic bluefin tuna fishery, received on to Airworthiness Directives, (RIN2120–AA64, 1996; to the Committee on Commerce, October 15, 1996; to the Committee on Com- AA65, AA66) received on December 5, 1996; to Science, and Transportation. merce, Science, and Transportation. the Committee on Commerce, Science, and EC–371. A communication from the Man- EC–382. A communication from the Acting Transportation. aging Director of the Federal Communica- Deputy Assistant Administrator of the Na- EC–359. A communication from the General tions Commission, transmitting, pursuant to tional Marine Fisheries Service, National Counsel of the Department of Transpor- law, the report of a rule relative to competi- Oceanic and Atmospheric Administration, tation, transmitting, pursuant to law, the re- tive bidding, received on October 21, 1996; to Department of Commerce, transmitting, pur- port of two rules including one rule relative the Committee on Commerce, Science, and suant to law, the report of a rule relative to to Airworthiness Directives, (RIN2120–AA64) Transportation. the Exclusive Economic Zone off Alaska, received on December 9, 1996; to the Com- EC–372. A communication from the Man- (RIN0648–AI96) received on September 27, mittee on Commerce, Science, and Transpor- aging Director of the Federal Communica- 1996; to the Committee on Commerce, tation. tions Commission, transmitting, pursuant to Science, and Transportation. EC–360. A communication from the General law, the report of nine rules including one EC–383. A communication from the Deputy Counsel of the Department of Transpor- rule relative to TV broadcast stations; to the Assistant Administrator for Fisheries, Na- tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and tional Marine Fisheries Service, National port of sixteen rules including one rule rel- Transportation. Oceanic and Atmospheric Administration, ative to Class E Airspace, (RIN2120–AA64, EC–373. A communication from the Man- Department of Commerce, transmitting, pur- 2120–AA65, 2120–AA66, 2120–AF93, 2105–AC63,) aging Director of the Federal Communica- suant to law, the report of a rule relative to

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S93 the Exclusive Economic Zone off south At- EC–396. A communication from the Chair- EC–410. A communication from the Chair- lantic states, (RIN0648–AI92) received on Sep- man of the National Transportation Safety man of the U.S. Securities and Exchange tember 11, 1996; to the Committee on Com- Board, transmitting, pursuant to law, an ap- Commission, transmitting, pursuant to law, merce, Science, and Transportation. peal letter regarding the fiscal year 1998 the report of the Office of the Inspector Gen- EC–384. A communication from the Acting budget request; to the Committee on Com- eral for the period April 1 through Sep- Director of the Office of Sustainable Fish- merce, Science, and Transportation. tember 30, 1996; to the Committee on Govern- eries, National Marine Fisheries Service, Na- EC–397. A communication from the Chair- mental Affairs. tional Oceanic and Atmospheric Administra- man of the National Transportation Safety EC–411. A communication from the Sec- tion, Department of Commerce, transmit- Board, transmitting, pursuant to law, the re- retary of Agriculture, transmitting, pursu- ting, pursuant to law, the report of a rule port regarding the fiscal year 1998 budget re- ant to law, the report of the Office of the In- relative to Statistical Area 610 of the Gulf of quest; to the Committee on Commerce, spector General for the period April 1 Alaska, received on September 24, 1996; to Science, and Transportation. through September 30, 1996; to the Com- theCommittee on Commerce, Science, and EC–398. A communication from the Chair- mittee on Governmental Affairs. Transportation. man of the National Transportation Safety EC–412. A communication from the Chair- EC–385. A communication from the Deputy Board, transmitting, pursuant to law, the man of the U.S. Consumer Product Safety Assistant Administrator for Fisheries, Na- fiscal year 1998 budget request; to the Com- Commission, transmitting, pursuant to law, tional Marine Fisheries Service, National mittee on Commerce, Science, and Transpor- the report of the Office of the Inspector Gen- Oceanic and Atmospheric Administration, tation. eral for the period April 1 through Sep- Department of Commerce, transmitting, pur- EC–399. A communication from the Sec- tember 30, 1996; to the Committee on Govern- suant to law, the report of a rule relative to retary of Commerce, transmitting, pursuant mental Affairs. spawning area closures, (RIN0648–AE50) re- to law, the report on the National Implemen- EC–413. A communication from the Chair- ceived on October 7, 1996; to the Committee tation Plan for Modernization of the Na- man of the National Endowment For the on Commerce, Science, and Transportation. tional Weather Service for Fiscal Year 1997; Arts, transmitting, pursuant to law, the re- EC–386. A communication from the Assist- to the Committee on Commerce, Science, port of the Office of the Inspector General ant Administrator of the National Ocean and Transportation. for the period April 1 through September 30, EC–400. A communication from the Acting Service, National Oceanic and Atmospheric 1996; to the Committee on Governmental Af- Chief Financial Officer and Assistant Sec- Administration, Department of Commerce, fairs. retary for Administration, transmitting, transmitting, pursuant to law, the report of EC–414. A communication from the Sec- pursuant to law, the report of a rule relative rule relative to graduate research fellow- retary of Education, transmitting, pursuant to civil monetary penalties, (RIN0690–AA27) ships, (RIN0648–ZA24) received on October 10, to law, the report of the Office of the Inspec- received on October 22, 1996; to the Com- 1996; to the Committee on Commerce, tor General for the period April 1 through mittee on Commerce, Science, and Transpor- Science, and Transportation. September 30, 1996; to the Committee on tation. EC–387. A communication from the Assist- EC–401. A communication from the Sec- Governmental Affairs. EC–415. A communication from the Chair- ant Secretary for Communication, Depart- retary of Energy, transmitting, pursuant to ment of Commerce, transmitting, pursuant law, the annual report of the Metals Initia- man of the Board, Pension Benefit Guaranty to law, the report of a rule relative to the tive for fiscal year 1995; to the Committee on Corporation, transmitting, pursuant to law, Public Telecommunications Facilities Pro- Commerce, Science, and Transportation. the report of the Office of the Inspector Gen- gram, (RIN0660–AA09) received on November EC–402. A communication from the Direc- eral for the period April 1 through Sep- 6, 1996; to the Committee on Commerce, tor of the Bureau of Transportation Statis- tember 30, 1996; to the Committee on Govern- Science, and Transportation. tics, transmitting, pursuant to law, the an- mental Affairs. EC–388. A communication from the Chair- nual report for 1996; to the Committee on EC–416. A communication from the Sec- man of the Federal Trade Commission, Commerce, Science, and Transportation. retary of Commerce, transmitting, pursuant transmitting, pursuant to law, the annual re- EC–403. A communication from the Admin- to law, the report of the Office of the Inspec- port for fiscal year 1995; to the Committee on istrator of the Federal Aviation Administra- tor General for the period April 1 through Commerce, Science, and Transportation. tion, Department of Transportation, trans- September 30, 1996; to the Committee on EC–389. A communication from the Sec- mitting, pursuant to law, the report on in- Governmental Affairs. retary of the Federal Trade Commission, creased air traffic over Grand Canyon Na- EC–417. A communication from the Chair- transmitting, pursuant to law, the report tional Park; to the Committee on Com- man of the Board of Governors of the Federal under the Federal Cigarette Labeling and merce, Science, and Transportation. Reserve System, transmitting, pursuant to Advertising Act for 1994; to the Committee EC–404. A communication from the Chair- law, the report of the Office of the Inspector on Commerce, Science, and Transportation. man of the Interagency Coordinating Com- General for the period April 1 through Sep- EC–390. A communication from the Sec- mittee on Oil Pollution Research, United tember 30, 1996; to the Committee on Govern- retary of the Federal Maritime Commission, States Coast Guard, Department of Trans- mental Affairs. transmitting, pursuant to law, the report of portation, transmitting, pursuant to law, the EC–418. A communication from the Chair- rule relative to collection of debts, received biennial report for fiscal years 1993 and 1994; man of the Federal Maritime Commission, on September 27, 1996; to the Committee on to the Committee on Commerce, Science, transmitting, pursuant to law, the report of Commerce, Science, and Transportation. and Transportation. the Office of the Inspector General for the EC–391. A communication from the Sec- EC–405. A communication from the Admin- period April 1 through September 30, 1996; to retary of the Federal Maritime Commission, istrator of the Federal Aviation Administra- the Committee on Governmental Affairs. transmitting, pursuant to law, the report of tion, Department of Commerce, transmit- EC–419. A communication from the Chair- rule relative to civil monetary penalties, re- ting, the report on the ninety day safety re- man of the U.S. International Trade Com- ceived on October 2, 1996; to the Committee view as of September 16, 1996; to the Com- mission, transmitting, pursuant to law, the on Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- report of the Office of the Inspector General EC–392. A communication from the Chair- tation. for the period April 1 through September 30, man of the Surface Transportation Board, EC–406. A communication from the Sec- 1996; to the Committee on Governmental Af- transmitting, pursuant to law, the report of retary of Transportation, transmitting, pur- fairs. a rule relative to Ex Parte No. 527, received suant to law, the report entitled ‘‘Status of EC–420. A communication from the Office on December 12, 1996; to the Committee on the Public Ports of the United States’’ for of the Public Printer, U.S. Government Commerce, Science, and Transportation. years 1994 and 1995; to the Committee on Printing Office, transmitting, pursuant to EC–393. A communication from the Chair- Commerce, Science, and Transportation. law, the report of the Office of the Inspector man of the Surface Transportation Board, EC–407. A communication from the Sec- General for the period April 1 through Sep- transmitting, pursuant to law, the report of retary of Transportation, transmitting, pur- tember 30, 1996; to the Committee on Govern- a rule relative to Ex Parte No. 346, received suant to law, the progress report on the tran- mental Affairs. on December 17, 1996; to the Committee on sition to quieter airplanes for 1995; to the EC–421. A communication from the Sec- Commerce, Science, and Transportation. Committee on Commerce, Science, and retary of the Smithsonian Institution, trans- EC–394. A communication from the Chair- Transportation. mitting, pursuant to law, the report of the man of the Surface Transportation Board, EC–408. A communication from the Chair- Office of the Inspector General for the period transmitting, pursuant to law, the report of man of the National Science Board, trans- April 1 through September 30, 1996; to the a rule relative to Ex Parte No. 527, received mitting, pursuant to law, the report of the Committee on Governmental Affairs. on October 10, 1996; to the Committee on Office of the Inspector General for the period EC–422. A communication from the Sec- Commerce, Science, and Transportation. April 1 through September 30, 1996; to the retary of Energy, transmitting, pursuant to EC–395. A communication from the Sec- Committee on Governmental Affairs. law, the report of the Office of the Inspector retary of the Consumer Product Safety Com- EC–409. A communication from the Sec- General for the period April 1 through Sep- mission, transmitting, pursuant to law, the retary of Education, transmitting, pursuant tember 30, 1996; to the Committee on Govern- report of a rule relative to the Small Busi- to law, the report of the Office of the Inspec- mental Affairs. ness Program, received on October 9, 1996; to tor General for the period April 1 through EC–423. A communication from the Chair- the Committee on Commerce, Science, and September 30, 1996; to the Committee on man of the Railroad Retirement Board, Transportation. Governmental Affairs. transmitting, pursuant to law, the report of

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S94 CONGRESSIONAL RECORD — SENATE January 7, 1997 the Office of the Inspector General for the EC–437. A communication from the Execu- Corporation, transmitting, pursuant to law, period April 1 through September 30, 1996; to tive Director of the Neighborhood Reinvest- the report of the Office of the Inspector Gen- the Committee on Governmental Affairs. ment Corporation, transmitting, pursuant to eral for the period April 1 through Sep- EC–424. A communication from the Admin- law, the report of the Office of the Inspector tember 30, 1996; to the Committee on Govern- istrator of the National Aeronautics and General for the period April 1 through Sep- mental Affairs. Space Administration, transmitting, pursu- tember 30, 1996; to the Committee on Govern- EC–451. A communication from the Presi- ant to law, the report of the Office of the In- mental Affairs. dent of the National Endowment for Democ- spector General for the period April 1 EC–438. A communication from the Presi- racy, transmitting, pursuant to law, the an- through September 30, 1996; to the Com- dent and Chief Executive Office of the Over- nual report on the system of internal ac- mittee on Governmental Affairs. seas Private Investment Corporation, trans- counting and financial controls in effect dur- EC–425. A communication from the Direc- mitting, pursuant to law, the report of the ing fiscal year 1996; to the Committee on tor of the U.S. Office of Personnel Manage- Office of the Inspector General for the period Governmental Affairs. ment, transmitting, pursuant to law, the re- April 1 through September 30, 1996; to the EC–452. A communication from the Execu- port of the Office of the Inspector General Committee on Governmental Affairs. tive Secretary of the Barry M. Goldwater for the period April 1 through September 30, EC–439. A communication from the Chair- Scholarship and Excellence In Education 1996; to the Committee on Governmental Af- man of the U.S. Merit Systems Protection Foundation, transmitting, pursuant to law, fairs. Board, transmitting, pursuant to law, the re- the annual report on the system of internal EC–426. A communication from the Sec- port of the Office of the Inspector General accounting and financial controls in effect retary of the Interior, transmitting, pursu- for the period April 1 through September 30, during fiscal year 1996; to the Committee on ant to law, the report of the Office of the In- 1996; to the Committee on Governmental Af- Governmental Affairs. spector General for the period April 1 fairs. EC–453. A communication from the Board through September 30, 1996; to the Com- EC–440. A communication from the Direc- Members of the Railroad Retirement Board, mittee on Governmental Affairs. tor of the Federal Mediation and Concilia- transmitting, pursuant to law, the annual re- EC–427. A communication from the Sec- tion Service, transmitting, pursuant to law, port on the system of internal accounting retary of Agriculture, transmitting, pursu- the report of the Office of the Inspector Gen- and financial controls in effect during fiscal ant to law, the report of the Office of the In- eral for the period April 1 through Sep- year 1996; to the Committee on Govern- spector General for the period April 1 tember 30, 1996; to the Committee on Govern- mental Affairs. through September 30, 1996; to the Com- mental Affairs. EC–454. A communication from the Direc- mittee on Governmental Affairs. EC–441. A communication from the Deputy tor of the U.S. Arms Control and Disar- EC–428. A communication from the Chair- Independent Counsel, Office of the Inde- mament Agency, transmitting, pursuant to man of the Railroad Retirement Board, pendent Counsel, transmitting, pursuant to law, the annual report on the system of in- transmitting, pursuant to law, the report of law, the report of the Office of the Inspector ternal accounting and financial controls in the Office of the Inspector General for the General for the period April 1 through Sep- effect during fiscal year 1996; to the Com- period April 1 through September 30, 1996; to tember 30, 1996; to the Committee on Govern- mittee on Governmental Affairs. the Committee on Governmental Affairs. mental Affairs. EC–455. A communication from the Chair- EC–429. A communication from the Federal EC–442. A communication from the Sec- man of the Defense Nuclear Facilities Safety Co-Chairman of the Appalachian Regional retary of Transportation, transmitting, pur- Board, transmitting, pursuant to law, the Commission, transmitting, pursuant to law, suant to law, the report of the Office of the annual report on the system of internal ac- the report of the Office of the Inspector Gen- Inspector General for the period April 1 counting and financial controls in effect dur- eral for the period April 1 through Sep- through September 30, 1996; to the Com- ing fiscal year 1996; to the Committee on tember 30, 1996; to the Committee on Govern- mittee on Governmental Affairs. Governmental Affairs. mental Affairs. EC–443. A communication from the Chair- EC–456. A communication from the Direc- EC–430. A communication from the Chair- man of the Postal Rate Commission, trans- tor of the Office of Federal Housing Enter- man and General Counsel of the U.S. Govern- mitting, pursuant to law, the report of the prise Oversight, transmitting, pursuant to ment National Labor Relations Board, trans- Office of the Inspector General for the period law, the annual report on the system of in- mitting jointly, pursuant to law, the report April 1 through September 30, 1996; to the ternal accounting and financial controls in of the Office of the Inspector General for the Committee on Governmental Affairs. effect during fiscal year 1996; to the Com- period April 1 through September 30, 1996; to EC–444. A communication from the Chief mittee on Governmental Affairs. the Committee on Governmental Affairs. Financial Officer of the Export-Import Bank EC–457. A communication from the Direc- EC–431. A communication from the Attor- of the United States, transmitting, pursuant tor of Selective Service, transmitting, pursu- ney General, transmitting, pursuant to law, to law, the report of the Office of the Inspec- ant to law, the annual report on the system the report of the Office of the Inspector Gen- tor General for the period April 1 through of internal accounting and financial controls eral for the period April 1 through Sep- September 30, 1996; to the Committee on in effect during fiscal year 1996; to the Com- tember 30, 1996; to the Committee on Govern- Governmental Affairs. mittee on Governmental Affairs. mental Affairs. EC–445. A communication from the Direc- EC–458. A communication from the Chair- EC–432. A communication from the Chair- tor of the U.S. Trade and Development Agen- man of the Federal Communications Com- man of the Board of Directors of the Panama cy, transmitting, pursuant to law, the report mission, transmitting, pursuant to law, the Canal Commission, transmitting, pursuant of the Office of the Inspector General for the annual report on the system of internal ac- to law, the report of the Office of the Inspec- period April 1 through September 30, 1996; to counting and financial controls in effect dur- tor General for the period April 1 through the Committee on Governmental Affairs. ing fiscal year 1996; to the Committee on September 30, 1996; to the Committee on EC–446. A communication from the Presi- Governmental Affairs. Governmental Affairs. dent of the National Endowment for Democ- EC–459. A communication from the Sec- EC–433. A communication from the Chair- racy, transmitting, pursuant to law, the re- retary of the Treasury, transmitting, pursu- man of the Federal Trade Commission, port of the Office of the Inspector General ant to law, the annual report on the system transmitting, pursuant to law, the report of for the period April 1 through September 30, of internal accounting and financial controls the Office of the Inspector General for the 1996; to the Committee on Governmental Af- in effect during fiscal year 1996; to the Com- period April 1 through September 30, 1996; to fairs. mittee on Governmental Affairs. the Committee on Governmental Affairs. EC–447. A communication from the Chair- EC–460. A communication from the Direc- EC–434. A communication from the Chair- man of the Federal Housing Finance Board, tor of the Woodrow Wilson Center, transmit- man and Chief Executive Office of the Farm transmitting, pursuant to law, the report of ting, pursuant to law, the annual report on Credit Administration, transmitting, pursu- the Office of the Inspector General for the the system of internal accounting and finan- ant to law, the report of the Office of the In- period April 1 through September 30, 1996; to cial controls in effect during fiscal year 1996 spector General for the period April 1 the Committee on Governmental Affairs. and the report of the Office of Inspector Gen- through September 30, 1996; to the Com- EC–448. A communication from the Inspec- eral for the period April 1 through Sep- mittee on Governmental Affairs. tor General of the U.S. Office of Personnel tember 30, 1996; to the Committee on Govern- EC–435. A communication from the Sec- Management, transmitting, pursuant to law, mental Affairs. retary of Labor, transmitting, pursuant to the report of the Office of the Inspector Gen- EC–461. A communication from the Chair- law, the report of the Office of the Inspector eral for the period April 1 through Sep- man of the U.S. Commission For the Preser- General for the period April 1 through Sep- tember 30, 1996; to the Committee on Govern- vation of America’s Heritage Abroad, trans- tember 30, 1996; to the Committee on Govern- mental Affairs. mitting, pursuant to law, the annual report mental Affairs. EC–449. A communication from the Direc- on the system of internal accounting and fi- EC–436. A communication from the Chair- tor of the U.S. Information Agency, trans- nancial controls in effect during fiscal year man of the U.S. Equal Employment Oppor- mitting, pursuant to law, the report of the 1996 and the report of the Office of Inspector tunity Commission, transmitting, pursuant Office of the Inspector General for the period General for the period April 1 through Sep- to law, the report of the Office of the Inspec- April 1 through September 30, 1996; to the tember 30, 1996; to the Committee on Govern- tor General for the period April 1 through Committee on Governmental Affairs. mental Affairs. September 30, 1996; to the Committee on EC–450. A communication from the Chair- EC–462. A communication from the Direc- Governmental Affairs. man of the Farm Credit System Insurance tor of the U.S. Office of Government Ethics,

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S95 transmitting, pursuant to law, the annual re- EC–472. A communication from the Execu- through September 30, 1996; to the Com- port on the system of internal accounting tive Director of the State Justice Institute, mittee on Governmental Affairs. and financial controls in effect during fiscal transmitting, pursuant to law, the annual re- EC–482. A communication from the Office year 1996 and the report of the Office of In- port on the system of internal accounting of Independent Counsel, transmitting, pursu- spector General for the period April 1 and financial controls in effect during fiscal ant to law, the report of the Office of the In- through September 30, 1996; to the Com- year 1996 and the report of the Office of In- spector General for the period April 1 mittee on Governmental Affairs. spector General for the period April 1 through September 30, 1996; to the Com- EC–463. A communication from the Acting through September 30, 1996; to the Com- mittee on Governmental Affairs. Museum Director of the U.S. Holocaust Me- mittee on Governmental Affairs. EC–483. A communication from the Office morial Museum, transmitting, pursuant to EC–473. A communication from the Direc- of Independent Counsel, transmitting, pursu- law, the annual report on the system of in- tor of the Morris K. Udall Foundation, trans- ant to law, the report of the Office of the In- ternal accounting and financial controls in mitting, pursuant to law, the annual report spector General for the period April 1 effect during fiscal year 1996 and the report on the system of internal accounting and fi- through September 30, 1996; to the Com- of the Office of Inspector General for the pe- nancial controls in effect during fiscal year mittee on Governmental Affairs. riod April 1 through September 30, 1996; to 1996 and the report of the Office of Inspector EC–484. A communication from the Chair- the Committee on Governmental Affairs. General for the period April 1 through Sep- man of the Council of the District of Colum- EC–464. A communication from the Chair- tember 30, 1996; to the Committee on Govern- bia, transmitting, pursuant to law, copies of person of the Appraisal Subcommittee of the mental Affairs. D.C. Act 11–363 adopted by the Council on Federal Financial Institutions Examination EC–474. A communication from the Execu- July 17, 1996; to the Committee on Govern- Council, transmitting, pursuant to law, the tive Director of the Japan-United States mental Affairs. annual report on the system of internal ac- Friendship Commission, transmitting, pursu- EC–485. A communication from the Chair- counting and financial controls in effect dur- ant to law, the annual report on the system man of the Council of the District of Colum- bia, transmitting, pursuant to law, copies of ing fiscal year 1996 and the report of the Of- of internal accounting and financial controls D.C. Act 11–387 adopted by the Council on fice of Inspector General for the period April in effect during fiscal year 1996 and the re- July 17, 1996; to the Committee on Govern- 1 through September 30, 1996; to the Com- port of the Office of Inspector General for mittee on Governmental Affairs. mental Affairs. the period April 1 through September 30, EC–486. A communication from the Chair- EC–465. A communication from the Chair- 1996; to the Committee on Governmental Af- man of the Federal Mine Safety and Health man of the Council of the District of Colum- fairs. bia, transmitting, pursuant to law, copies of Review Commission, transmitting, pursuant EC–475. A communication from the Execu- D.C. Act 11–413 adopted by the Council on Oc- to law, the annual report on the system of tive Director of the U.S. Office of Navajo and tober 1, 1996; to the Committee on Govern- internal accounting and financial controls in Hopi Indian Relocation, transmitting, pursu- effect during fiscal year 1996 and the report mental Affairs. ant to law, the annual report on the system EC–487. A communication from the Chair- of the Office of Inspector General for the pe- of internal accounting and financial controls riod April 1 through September 30, 1996; to man of the Council of the District of Colum- in effect during fiscal year 1996 and the re- bia, transmitting, pursuant to law, copies of the Committee on Governmental Affairs. port of the Office of Inspector General for EC–466. A communication from the Chair- D.C. Act 11–414 adopted by the Council on Oc- the period April 1 through September 30, man of the National Capital Planning Com- tober 1, 1996; to the Committee on Govern- 1996; to the Committee on Governmental Af- mission, transmitting, pursuant to law, the mental Affairs. annual report on the system of internal ac- fairs. EC–488. A communication from the Chair- EC–476. A communication from the Execu- counting and financial controls in effect dur- man of the Council of the District of Colum- tive Director of the National Education ing fiscal year 1996 and the report of the Of- bia, transmitting, pursuant to law, copies of Goals Panel, transmitting, pursuant to law, fice of Inspector General for the period April D.C. Act 11–415 adopted by the Council on Oc- the annual report on the system of internal 1 through September 30, 1996; to the Com- tober 1, 1996; to the Committee on Govern- accounting and financial controls in effect mittee on Governmental Affairs. mental Affairs. EC–467. A communication from the Chair during fiscal year 1996 and the report of the EC–489. A communication from the Chair- of the U.S. Architectural and Transportation Office of Inspector General for the period man of the Council of the District of Colum- Barriers Compliance Board, transmitting, April 1 through September 30, 1996; to the bia, transmitting, pursuant to law, copies of pursuant to law, the annual report on the Committee on Governmental Affairs. D.C. Act 11–432 adopted by the Council on Oc- system of internal accounting and financial EC–477. A communication from the Chair- tober 1, 1996; to the Committee on Govern- controls in effect during fiscal year 1996 and man of the U.S. Nuclear Waste Technical Re- mental Affairs. the report of the Office of Inspector General view Board, transmitting, pursuant to law, EC–490. A communication from the Chair- for the period April 1 through September 30, the annual report on the system of internal man of the Council of the District of Colum- 1996; to the Committee on Governmental Af- accounting and financial controls in effect bia, transmitting, pursuant to law, copies of fairs. during fiscal year 1996 and the report of the D.C. Act 11–433 adopted by the Council on Oc- EC–468. A communication from the Chair- Office of Inspector General for the period tober 1, 1996; to the Committee on Govern- man of the National Transportation Safety April 1 through September 30, 1996; to the mental Affairs. Board, transmitting, pursuant to law, the Committee on Governmental Affairs. EC–491. A communication from the Chair- annual report on the system of internal ac- EC–478. A communication from the Presi- man of the Council of the District of Colum- counting and financial controls in effect dur- dent of the Inter-American Foundation, bia, transmitting, pursuant to law, copies of ing fiscal year 1996 and the report of the Of- transmitting, pursuant to law, the annual re- D.C. Act 11–454 adopted by the Council on fice of Inspector General for the period April port on the system of internal accounting November 7, 1996; to the Committee on Gov- 1 through September 30, 1996; to the Com- and financial controls in effect during fiscal ernmental Affairs. mittee on Governmental Affairs. year 1996 and the report of the Office of In- EC–492. A communication from the Execu- EC–469. A communication from the Presi- spector General for the period April 1 tive Director of the Federal Retirement dent of the African Development Founda- through September 30, 1996; to the Com- Thrift Investment Board, transmitting, pur- tion, transmitting, pursuant to law, the an- mittee on Governmental Affairs. suant to law, the report of the Office of the nual report on the system of internal ac- EC–479. A communication from the Presi- Inspector General for the period April 1 counting and financial controls in effect dur- dent and Chief Executive Officer of the U.S. through September 30, 1996; to the Com- ing fiscal year 1996 and the report of the Of- Enrichment Corporation, transmitting, pur- mittee on Governmental Affairs. fice of Inspector General for the period April suant to law, the annual report on the sys- EC–493. A communication from the Execu- 1 through September 30, 1996; to the Com- tem of internal accounting and financial tive Director of the Federal Retirement mittee on Governmental Affairs. controls in effect during fiscal year 1996 and Thrift Investment Board, transmitting, pur- EC–470. A communication from the Execu- the report of the Office of Inspector General suant to law, a rule entitled ‘‘Allocation of tive Director of the Marine Mammal Com- for the period April 1 through September 30, Earnings’’ received on December 2, 1996; to mission, transmitting, pursuant to law, the 1996; to the Committee on Governmental Af- the Committee on Governmental Affairs. annual report on the system of internal ac- fairs. EC–494. A communication from the Admin- counting and financial controls in effect dur- EC–480. A communication from the Direc- istrator of the U.S. Environmental Protec- ing fiscal year 1996 and the report of the Of- tor of the National Gallery of Art, transmit- tion Agency, transmitting, pursuant to law, fice of Inspector General for the period April ting, pursuant to law, the annual report on the report under the Program Fraud Civil 1 through September 30, 1996; to the Com- the system of internal accounting and finan- Remedies Act for fiscal year 1996; to the mittee on Governmental Affairs. cial controls in effect during fiscal year 1996 Committee on Governmental Affairs. EC–471. A communication from the Office and the report of the Office of Inspector Gen- EC–495. A communication from the Execu- of Special Counsel, transmitting, pursuant eral for the period April 1 through Sep- tive Director of the Federal Retirement to law, the annual report on the system of tember 30, 1996; to the Committee on Govern- Thrift Investment Board, transmitting, pur- internal accounting and financial controls in mental Affairs. suant to law, three rules including a rule en- effect during fiscal year 1996 and the report EC–481. A communication from the Office titled ‘‘Definition of Basic Pay’’; to the Com- of the Office of Inspector General for the pe- of Independent Counsel, transmitting, pursu- mittee on Governmental Affairs. riod April 1 through September 30, 1996; to ant to law, the report of the Office of the In- EC–496. A communication from the Board the Committee on Governmental Affairs. spector General for the period April 1 Members of the Railroad Retirement Board,

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S96 CONGRESSIONAL RECORD — SENATE January 7, 1997 transmitting, pursuant to law, the report ment, transmitting, pursuant to law, a re- ditions to the procurement list; to the Com- under the Program Fraud Civil Remedies Act port relative to the Federal Employees mittee on Governmental Affairs. for fiscal year 1996; to the Committee on Health Benefits program; to the Committee EC–523. A communication from the Direc- Governmental Affairs. on Governmental Affairs. tor of the U.S. Office of Personnel Manage- EC–497. A communication from the Interim EC–511. A communication from the Acting ment, transmitting, pursuant to law, seven District of Columbia Auditor, transmitting, Director of the Office of Management and rules including a rule entitled ‘‘Training’’ pursuant to law, the report entitled ‘‘Ex- Budget, Executive Office of the President, (RIN3206–AF99, AG31, AH56, AH10, AH55); to cepted Service Employee Failed to Comply transmitting, pursuant to law, a report enti- the Committee on Governmental Affairs. with the District’s Residency Requirement’’; tled ‘‘Statistical Programs of the U.S. Gov- EC–524. A communication from the Direc- to the Committee on Governmental Affairs. ernment: Fiscal Year 1997’’; to the Com- tor of the U.S. Office of Personnel Manage- EC–498. A communication from the Interim mittee on Governmental Affairs. ment, transmitting, pursuant to law, four District of Columbia Auditor, transmitting, EC–512. A communication from the Direc- rules including a rule entitled ‘‘Voting pursuant to law, the report entitled ‘‘Certifi- tor of the Office of Management and Budget, Rights Program’’ (RIN3206–AH69, AH54, cation of the Fiscal Year 1997 Revenue Esti- Executive Office of the President, transmit- AH41, AG78); to the Committee on Govern- mates in Support of the District of Columbia ting, pursuant to law, a report relative to ac- mental Affairs. General Obligation Bonds (Series 1996A)’’; to counts containing unvouchered expenditures; EC–525. A communication from the Con- the Committee on Governmental Affairs. to the Committee on Governmental Affairs. gressional Review Coordinator, Animal and EC–499. A communication from the Inspec- EC–513. A communication from the Acting Plant Health Inspection Service, Department tor General of the Corporation For National Comptroller General of the United States, of Agriculture, transmitting, pursuant to Service, transmitting, pursuant to law, the transmitting, pursuant to law, a list of Gen- law, a rule entitled ‘‘Exotic Newcastle Dis- report of the Office of the Inspector General eral Accounting Office reports for September ease in Birds and Poultry’’ (RIN0579–AA22) for the period April 1 through September 30, 1996; to the Committee on Governmental Af- received on November 6, 1996; to the Com- 1996; to the Committee on Governmental Af- fairs. mittee on Agriculture, Nutrition, and For- fairs. EC–514. A communication from the Acting estry. EC–500. A communication from the Vice Comptroller General of the United States, EC–526. A communication from the Sec- President and Treasurer of the Farm Credit transmitting, pursuant to law, a list of Gen- retary of Transportation, transmitting, pur- Financial Partners, transmitting, pursuant eral Accounting Office reports for October suant to law, notice of a violation of the to law, the annual report of the Group Re- 1996; to the Committee on Governmental Af- Antideficiency Act; to the Committee on Ap- tirement Plan for the Agricultural Credit propriations. fairs. EC–527. A communication from the Office Associations and the Farm Credit Banks in EC–515. A communication from the Acting of Insular Affairs, Department of the Inte- the First Farm Credit District for calendar Comptroller General of the United States, rior, transmitting, pursuant to law, a report year 1995; to the Committee on Govern- transmitting, pursuant to law, a list of Gen- mental Affairs. entitled ‘‘The Impact of the Compacts of eral Accounting Office reports for November EC–501. A communication from the Federal Free Association on the U.S. Territories and 1996; to the Committee on Governmental Af- Reserve Employee Benefits Systems, trans- Commonwealths and on the State of Ha- fairs. mitting, pursuant to law, the annual reports waii’’; to the Committee on Energy and Nat- EC–516. A communication from the Execu- for the plan year 1995; to the Committee on ural Resources. tive Director of the Committee For Purchase Governmental Affairs. EC–528. A communication from the Direc- EC–502. A communication from the Presi- From People Who Are Blind Or Severely Dis- tor of the Bureau of the Census, Department dent of the United States, transmitting, pur- abled, transmitting, pursuant to law, the an- of Commerce, transmitting, pursuant to law, suant to law, a report concerning locality nual report on the system of internal ac- a rule entitled ‘‘Collection of Canadian Prov- pay; to the Committee on Governmental Af- counting and financial controls in effect dur- ince of Origin Information on Customs Entry fairs. ing fiscal year 1996 and the report of the Of- Records’’ (RIN0607–AA21) received on Novem- EC–503. A communication from the Sec- fice of Inspector General for the period April ber 22, 1996; to the Committee on Finance. retary of the Treasury, transmitting, pursu- 1 through September 30, 1996; to the Com- EC–529. A communication from the Regu- ant to law, the annual report of the U.S. mittee on Governmental Affairs. latory Policy Officer, Bureau of Alcohol, To- Government for fiscal year 1996; to the Com- EC–517. A communication from the Attor- bacco and Firearms, Department of the mittee on Governmental Affairs. ney-Advisor, Federal Register Certifying Of- Treasury, transmitting, pursuant to law, a EC–504. A communication from the Chair- ficer, Financial Management Service, De- rule relative to the Debt Collection Improve- man of the U.S. Arctic Research Commis- partment of the Treasury, transmitting, pur- ment Act of 1996 (RIN1512–AB62) received on sion, transmitting, pursuant to law, the an- suant to law, a rule entitled ‘‘Payment to Fi- October 30, 1996; to the Committee on Fi- nual reports for fiscal years 1994 and 1995; to nancial Institutions’’ (RIN1510–AA30) re- nance. the Committee on Governmental Affairs. ceived on December 19, 1996; to the Com- EC–530. A communication from the Assist- EC–505. A communication from the Assist- mittee on Governmental Affairs. ant Secretary of State (Legislative Affairs), ant Attorney General for Administration, EC–518. A communication from the Deputy transmitting, pursuant to law, notice of a transmitting, pursuant to law, a report enti- General Counsel of the U.S. Office of Govern- Presidential Determination relative to a tled ‘‘District of Columbia Department of ment Ethics, transmitting, pursuant to law, peace monitoring force; to the Committee on Corrections Short-Term Improvements a rule entitled ‘‘Interpretation, Exemptions Foreign Relations. Plan’’; to the Committee on Governmental and Waiver Guidance Concerning 18 U.S.C. EC–531. A communication from the U.S. Affairs. 208’’ (RIN3209–AA09) received on December Arms Control and Disarmament Agency, EC–506. A communication from the Chair- 11, 1996; to the Committee on Governmental U.S. Information Agency, transmitting, pur- man of the District of Columbia Financial Affairs. suant to law, the report of the Office of the Responsibility and Management Assistant EC–519. A communication from the Deputy Inspector General for the period April 1 Authority, transmitting, pursuant to law, Associate Administrator for Acquisition Pol- through September 30, 1996; to the Com- the annual report on progress for fiscal year icy, Office of Governmentwide Policy, Gen- mittee on Governmental Affairs. 1996; to the Committee on Governmental Af- eral Services Administration, transmitting, EC–532. A communication from the Acting fairs. pursuant to law, four rules including a rule Director of the Federal Register, National EC–507. A communication from the Chair- entitled ‘‘Civil Monetary Penalties Inflation Archives, transmitting, pursuant to law, a man of the District of Columbia Financial Adjustment’’ (RIN3090–AG18, AG26, AG09, report relative to the Certificates of Ascer- Responsibility and Management Assistant AG14); to the Committee on Governmental tainment of the electors of the President and Authority, transmitting, pursuant to law, a Affairs. Vice President of the United States; ordered revised annual report on progress for fiscal EC–520. A communication from the Chair- to lie on the table. year 1996; to the Committee on Govern- man of the Board Contract Appeals, General EC–533. A communication from the Acting mental Affairs. Services Administration, transmitting, pur- Director of the Federal Register, National EC–508. A communication from the Chair- suant to law, two rules including a rule enti- Archives, transmitting, pursuant to law, a man of the District of Columbia Financial tled ‘‘Rules of Procedure for Travel and Re- report relative to the Certificates of Ascer- Responsibility and Management Assistant location Expenses Cases’’ (RIN3090–AG29, tainment of the electors of the President and Authority, transmitting, pursuant to law, a AF99); to the Committee on Governmental Vice President of the United States; ordered report entitled ‘‘Children in Crisis: A Report Affairs. to lie on the table. on the Failure of D.C. Public Schools’’; to EC–521. A communication from the Direc- EC–534. A communication from the Deputy the Committee on Governmental Affairs. tor of the Office of the Secretary of Defense, Under Secretary of Defense (Environmental EC–509. A communication from the U.S. transmitting, pursuant to law, two rules in- Security), transmitting, pursuant to law, the Consumer Product Safety Commission, cluding a rule relative to the Privacy Pro- report of the Defense Environmental Res- transmitting, pursuant to law, the report gram; to the Committee on Governmental toration Program for fiscal year 1995; to the under the Government in the Sunshine Act Affairs. Committee on Environment and Public for calendar year 1995; to the Committee on EC–522. A communication from the Execu- Works. Governmental Affairs. tive Director of the Committee For Purchase EC–535. A communication from the Inspec- EC–510. A communication from the Direc- From People Who Are Blind Or Severely Dis- tor General, Department of Defense, trans- tor of the U.S. Office of Personnel Manage- abled, transmitting, pursuant to law, six ad- mitting, pursuant to law, the audit report of

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S97 Superfund financial transactions for fiscal the Committee on Environment and Public were referred or ordered to lie on the year 1995; to the Committee on Environment Works. table as indicated: and Public Works. EC–549. A communication from the Assist- POM–1. A joint resolution adopted by the EC–536. A communication from the Deputy ant Secretary of the Army (Civil Works), Legislature of the State of California; to the Administrator of the General Services Ad- transmitting, pursuant to law, a report rel- Committee on Armed Services. ministration, transmitting, pursuant to law, ative to a flood damage reduction project the informational copies of a Federal Space Sit- Rio Guanajibo, Puerto Rico; to the Com- SENATE JOINT RESOLUTION NO. 27 uation Report; to the Committee on Envi- mittee on Environment and Public Works. Whereas, In 1853, the United States Con- ronment and Public Works. EC–550. A communication from the Assist- gress granted to the State of California the EC–537. A communication from the Sec- ant Secretary of the Army (Civil Works), 16th and 36th sections of every township of retary of Energy, transmitting, pursuant to transmitting, pursuant to law, a report rel- public land to support the public education law, the annual report relative to the Com- ative to an environmental restoration system in California, a grant long held by prehensive Environmental Response Com- project for the Willamette River, McKenzie the courts to create a ‘‘solemn agreement’’ pensation and Liability Act; to the Com- Subbasin, Oregon; to the Committee on En- between the federal government and the mittee on Environment and Public Works. vironment and Public Works. state; and EC–538. A communication from the Sec- EC–551. A communication from the Assist- Whereas, In California, the State Teachers’ retary of Transportation, transmitting, pur- ant Secretary of the Army (Civil Works), Retirement System is the beneficiary of rev- suant to law, a report entitled ‘‘Alaska Dem- transmitting, a draft of proposed legislation enues derived from those school lands; and onstration Programs’’; to the Committee on to modify the Oakland Inner Harbor, Cali- Whereas, Those revenues are a significant Environment and Public Works. fornia navigation project; to the Committee source of income to the retired teachers of EC–539. A communication from the Sec- on Environment and Public Works. the state; and retary of Transportation, transmitting, pur- EC–552. A communication from the Assist- Whereas, Elk Hills Naval Petroleum Re- suant to law, the report of the Surface ant Secretary of the Army (Civil Works), serve Numbered 1 contains two school land Transportation Research and Development transmitting, pursuant to law, a report rel- sections rich in oil reserves and constituting Plan; to the Committee on Environment and ative to authorized project modifications for the two most valuable school land sections Public Works. flood damage reduction along the Ramapo in the state; and EC–540. A communication from the General River at Oakland, New Jersey; to the Com- Whereas, The inclusion of these school Counsel, Department of Transportation, mittee on Environment and Public Works. lands within the petroleum reserve in 1912 transmitting, pursuant to law, two rules in- EC–553. A communication from the Direc- made them unavailable to the state, with the cluding a rule entitled ‘‘Certification Ac- tor of the Office of Regulatory Management result being that the State Teachers’ Retire- ceptance’’ (RIN2125–AD62, 2135–AA09); to the and Information, Office of Policy, Planning, ment System is deprived of substantial in- Committee on Environment and Public and Evaluation, U.S. Environmental Protec- come; and Works. tion Agency, transmitting, pursuant to law, Whereas, Ever since 1976, the federal gov- EC–541. A communication from the Assist- two rules (FRL5672–5, 5666–8) received on De- ernment has been producing oil and gas from ant Secretary of the Interior for Fish and cember 31, 1996; to the Committee on Envi- the naval petroleum reserves at the max- Wildlife and Parks, transmitting, pursuant ronment and Public Works. imum efficient rate and selling its produc- to law, two rules including a rule entitled EC–554. A communication from the Direc- tion to gain further general revenues for the ‘‘Removal of Subchapter D’’ (RIN1018–AD72, tor of the Office of Regulatory Management United States Treasury; and AD62); to the Committee on Environment and Information, Office of Policy, Planning, Whereas, The federal government has stat- and Public Works. and Evaluation, U.S. Environmental Protec- ed that the role of the national petroleum re- EC–542. A communication from the Assist- tion Agency, transmitting, pursuant to law, serves ‘‘has evolved over time from an emer- ant Administrator, Office of Prevention, Pes- twenty-six rules including a rule entitled gency source of oil to an income-generating ticides and Toxic Substances, U.S. Environ- ‘‘Significant New Uses of Certain Chemical federal business asset,’’ and that ‘‘federal mental Protection Agency, transmitting, Substances (FRL5651–3, 5651–2, 5629–4, 5650–7, ownership and operation of the reserves is pursuant to law, the report under the Toxic 5651–7, 5654–8, 5572–9, 5648–7, 5644–2, 5282–1, not essential to the national energy policy Substances Control Act for fiscal year 1994; 5649–5, 5650–5, 5650–6, 5648–4, 5640–4, 5647–9, goals and objectives’’; and to the Committee on Environment and Pub- 5574–7, 5575–1, 5574–9, 5574–8, 4964–3, 5656–7, Whereas, The Department of Energy pro- lic Works. 5655–6, 5650–8, 5646–7, 5645–4); to the Com- poses to sell Elk Hills Naval Petroleum Re- EC–543. A communication from the Admin- mittee on Environment and Public Works. serve Numbered 1, as part of the President’s istrator of the U.S. Environmental Protec- EC–555. A communication from the Direc- 1996 Budget submission to Congress calling tion Agency, transmitting, pursuant to law, tor of the Office of Regulatory Management for the privatization of the naval petroleum the report of the implementation of the and Information, Office of Policy, Planning, reserves, and has earmarked 9 percent of the Waste Isolation Pilot Plant Land With- and Evaluation, U.S. Environmental Protec- anticipated proceeds from privatization to be drawal Act; to the Committee on Environ- tion Agency, transmitting, pursuant to law, paid to the State of California to benefit the ment and Public Works. seven rules including one rule relative to air Teacher’s Retirement Fund; and EC–544. A communication from the Admin- quality (FRL5554–9, 5393–8, Environment and Whereas, Congress has passed, and the istrator of the U.S. Environmental Protec- Public Works. President has signed, legislation to com- tion Agency, transmitting, pursuant to law, EC–556. A communication from the Direc- pensate California after the sale of Elk Hills the report of the study of hazardous air pol- tor of the Office of Regulatory Management Naval Petroleum Reserve Numbered 1; and lutant emissions from electric utility steam and Information, Office of Policy, Planning, Whereas, That compensation will be based generating units; to the Committee on Envi- and Evaluation, U.S. Environmental Protec- on an agreement between the State of Cali- ronment and Public Works. tion Agency, transmitting, pursuant to law, fornia and the Department of Energy; now, EC–545. A communication from the Direc- nineteen rules including one rule relative to therefore, be it Resolved by the Senate and Assembly of the tor of the Office of Congressional Affairs, air quality (FRL5638–9, 5629–7, 5639–2, 5637–8, State of California, jointly, That the Legisla- U.S. Nuclear Regulatory Commission, trans- 5608–1, 5634–9, 5636–2, 5635–9, 5633–8, 5615–6, ture of the State of California respectfully mitting, pursuant to law, four rules includ- 5645–1, 5610–9, 5640–8, 5643–2, 5640–2, 5636–6, memorializes the President and the Congress ing a rule entitled ‘‘Policy and Procedure for 5635–6, 5635–4, 5638–1, 5613–4, 5617–2, 5641–5, to expedite the agreement by the Depart- Enforcement Actions’’ (RIN3150–AF37); to 5641–7, 5642–1); to the Committee on Environ- ment of Energy for recognizing the valid the Committee on Environment and Public ment and Public Works. claim of this state to the two school land Works. EC–557. A communication from the Direc- EC–546. A communication from the Acting sections within the reserve, and to com- tor of the Office of Regulatory Management Director of the Fish and Wildlife Service, De- pensate California’s retired teachers for and Information, Office of Policy, Planning, partment of the Interior, transmitting, pur- their 9 percent interest in the reserve upon and Evaluation, U.S. Environmental Protec- suant to law, eight rules including a rule en- its sale; and be it further tion Agency, transmitting, pursuant to law, titled ‘‘Endangered and Threatened Wildlife Resolved, That the Secretary of the Senate twenty-three rules including a rule entitled and Plants’’ (RIN1018–AE05, AC01, AC47, transmit copies of this resolution to the ‘‘Control Strategy: Ozone; Tennessee’’ AD50, AD25, AD58, AC56, AD46); to the Com- President and Vice President of the United (FRL5637–A, 5637–3, 5619–8, 5631–2, 5631–6, 5630– mittee on Environment and Public Works. States, to the Speaker of the House of Rep- 4, 5630–5, 5466–9, 5630–9, 5620–1, 5619–6, 5612–7, EC–547. A communication from the Assist- resentatives, to each Senator and Represent- 5613–3, 5629–5, 5634–4, 5612–6, 5618–8, 5619–4, ant Secretary of the Army (Civil Works), atives, to each Senator and Representative 5628–6, 5616–6, 5613–1, 5617–4, 5618–2); to the transmitting, pursuant to law, a rule enti- from California in the Congress of the United Committee on Environment and Public tled ‘‘St. Marys Falls Canal and Locks’’ re- States, and to the Secretary of the Interior, Works. ceived on October 21, 1996; to the Committee the Secretary of Energy, and the Secretary on Environment and Public Works. f of Defense. EC–548. A communication from the Assist- PETITIONS AND MEMORIALS ant Secretary of the Army (Civil Works), POM–2. A joint resolution adopted by the transmitting, pursuant to law, the report of The following petitions and memo- Legislature of the State of California; to the fully-authorized unconstructed projects; to rials were laid before the Senate and Committee on Armed Services.

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SENATE JOINT RESOLUTION NO. 45 tion and Modernization program allowed it da’s leadership in aerospace and defense Whereas, Alameda has a long history asso- to be refitted with improved elevators, a re- technology, to develop educational programs ciated with the U.S. Navy and Naval Air inforced flight deck, increased aviation fuel for schoolaged children, and to provide en- Forces, and Alameda was shaped by the birth storage, and other features for operating jet tertainment attractions based on naval avia- of aviation technology and is proudly and in- aircraft including modernization of its air- tion history; and extricably linked to the military’s presence; craft arresting system. These refittings in- Whereas, The presence of a military mu- and creased the Hornet’s ability to operate ad- seum in Alameda would promote positive Whereas, The acquisition of the aircraft vanced aircraft and to improve antisub- community relations between the citizens carrier Hornet (CV–12) would preserve a vital marine capabilities; and and the military; and part of the U.S. military history and its es- Whereas, The aircraft carrier Hornet (CV– Whereas, Support for legislation pending tablishment as a museum would be a fitting 12) contributed to U.S. efforts in World War before the 104th Session of the U.S. Congress memorial to Alameda’s contributions to U.S. II, the Korean War, and the Vietnam War, entitled ‘‘The World War II Education and efforts in World War II, the Korean War, and and served as the command ship for recovery Research Act’’ would authorize that at least the Vietnam War; and of the Apollo XI and XII reentry vehicles; and one site per state be officially designated a Whereas, In the 18 months of combat dur- Whereas, The aircraft carrier Hornet (CV– National World War II Education and Re- ing World War II, the aircraft and gunners of 12) was decommissioned on June 26, 1970, and search Center; and the U.S.S. Hornet (CV–12) destroyed 1,410, is in good structural condition, and will soon Whereas, The purposes of this Congres- enemy planes, sank 73 ships, and damaged be considered for sale as military surplus; sional Act are to enable industry, univer- more than 400 vessels, including the first hits and sities, research facilities, presidential librar- Whereas, The McDonald Douglas F/A 18 on the Japanese battleship Yamato, which ies, museums, and public and private sector Hornet multiple-role air superiority/ground was sunk on April 7, 1945, as it steamed to- organizations to make available to the pub- attack aircraft that has become the fleet’s ward Okinawa; and lic all relevant information on the collective Whereas, The U.S.S. Hornet (CV–12), a 53- principal carrier-based fixed wing aircraft, war effort involving the military, industrial, was named in honor of the aircraft carrier year old Essex Class carrier is one of eight and civilian sectors; and U.S.S. Hornet; and warships that bore that name, but it was the Whereas, The Aircraft Carrier Hornet Whereas, In 1995, the weathered-gray war- most decorated of them all, earning a presi- Foundation intends to raise sufficient re- ship was scheduled for demolition despite its sources from various possible sources (dona- dential unit citation and seven battle stars 1991 designation as a National Historic Land- in action during World War II, the Korean tions, pledges, venture capital, and revenue mark; and bonds) to pay for all relevant startup costs War, and the Vietnam War; and Whereas, The decision to demolish the ship and to develop a long-range master plan to Whereas, The first U.S. Navy aircraft car- outraged former crew members, who re- do all of the following: (1) include a 1940–60’s rier named ‘‘Hornet’’ was CV–8 (Yorktown cruited approximately 100 volunteers and museum in hangar bays 1, 2, and 3, with an Class, including: Enterprise/CV–6 and Yorkton/ embarked on a campaign to save the ship; emphasis on Pacific theater battles includ- CV–5) laid down in September 1939 by the and Newport News Shipbuilding & Drydock Com- Whereas, The Aircraft Carrier Hornet Mu- ing airplanes and artifacts from that era; (2) pany. It was launched on December 14, 1940, seum is proposed to be permanently berthed incorporate Airwings, Squadrons, Marine De- and commissioned on October 20, 1941; it dis- in Alameda at Pier No. 2 and to be secured tachments, and Reserve and Veterans Asso- placed 20,000 tons, measured 761 feet long, by eight 2-inch chains to existing chain pads ciations called ‘‘Bringing the Ship Back to and had a complement of 2,200 personnel; and welded on the shell, and would immeasurably Life’’; (3) provide mobile displays and exhib- Whereas, The Hornet (CV–8) was designed enhance the maritime ambience of the re- its in hangar bays for large community-spon- with the benefit of real operating experience, gional shipyards, the Port of Oakland, and sored events; and (4) establish Apollo XI and sharing the basic design principles of a large, the Alameda Naval Air Station; and Apollo XII displays; and open hangar deck topped by a thin, rectan- Whereas, The Aircraft Carrier Hornet Whereas, The Alameda Reuse and Redevel- gular wood and steel flight deck; and Foundation (ACHF) has arranged to acquire opment Association (ARRA), which will be Whereas, On April 2, 1942, the U.S.S. Hornet four 110-foot long by 34-foot wide YCs for responsible for the base after the Navy (CV–8) having just completed its workups, mooring (that are certified as suitable for leaves in 1997, has indicated its willingness left Alameda with an unusual deckload of 16 use associated with nuclear submarines) to enter into an interim lease of one of the Army Air Corps B–25 Mitchell bombers com- from Mare Island Naval Shipyard. This ar- piers for this purpose, and to adopt a resolu- manded by Lt. Colonel James ‘‘Jimmy’’ Doo- rangement will provide a 440-foot long par- tion in support of the U.S.S. Hornet renova- little, sailing to join a task force with Enter- allel load distribution plane from the hull to tion project; and prise (CV–6) targeting the Japanese Cities of the fenders of the pier; and Whereas, A group of Alameda citizens have Tokyo, Nagoya, Yokohama, and Kobe; and Whereas, Use of this system of chain at- established a nonprofit corporation and a Whereas, On April 18, 1942, still some miles tachment to the pier bollards in conjunction committee, along with the support of the to the east of the intended launch point, the with the four YCs will provide an arrange- ARRA, the World War II Education and Re- ships of the task force were sighted by Japa- ment of positive mechanical attachment suf- search Commission, the Mayor and City nese picket boats. Faced with the decision ficient to secure the ship and withstand 100- Council of Oakland, the San Francisco Vet- whether to abort the mission, push on to the year weather requirements; and erans’ Affairs Commission, the City of planned launch point against an alerted Whereas, The carrier museum would be an Vacaville, the Oakland Navy League, the enemy, or launch immediately with full attraction to both domestic and foreign Aircraft Carrier Hornet Foundation, the His- knowledge that the B–25s lacked the range to tourists, thereby enhancing the global com- toric Naval Ships Association, and the reach their intended landing fields in China, petitive position of the San Francisco Bay Smithsonian Institution, to pursue the ac- ‘‘Doolittle’s Raiders’’ launched immediately, area; and quisition of the aircraft carrier Hornet (CV– and struck the first successful attack upon Whereas, According to the Historic Naval 12); now, therefore, be it the homeland of Japan; and Ships Association, a 1994–95 survey shows at- Resolved by the Senate and Assembly of the Whereas, The Hornet (CV–8) was further in- tendance to similar historic U.S. naval ship State of California, jointly, That in order to volved during World War II in the Central museums as follows: battleship Texas (BB– enhance the public’s awareness of the con- and South Pacific carrying out operations in 35)—300,000; battleship Arizona (BB–39)—1.5 tributions of the citizens of the State of Cali- the Battle of Midway, June 4–6, 1942, and the million; battleship North Carolina (BB–55)— fornia and the County of Alameda to mili- Battle of Santa Cruz Islands, where it re- 225,000; battleship Massachusetts (BB–59)— tary preparedness and, in particular, naval ceived six Japanese bomb hits, two torpedo 140,000; battleship Alabama (BB–60)—245,000; aviation history, and to enhance the region’s hits, and two hits by suicide aircraft, and aircraft carrier Intrepid (CV–11)—410,000; air- economy by increasing tourism and creating sank on October 27, 1942; and craft carrier Lexington (CV–16)—340,000; sub- new employment opportunities, the Legisla- Whereas, The second U.S. Navy aircraft marine Bowfin (SS–287)—195,000; submarine ture of the State of California endorses the carrier named ‘‘Hornet’’ was CV–12 (modern- Pampanito (SS–383)—250,000; 3-masted frigate efforts to acquire the aircraft carrier U.S.S. ized Essex Class, including 19 ships), con- Constitution—420,000; and Hornet (CV–12) as a permanent museum, edu- structed by the Newport News Shipbuilding Whereas, The added attraction of a carrier cational, and entertainment complex to be & Drydock Company, and launched August museum would result in longer tourist stays, located in Alameda; and be it further 29, 1943. The Hornet (CV–12) was commis- with consequent increases in retail sales, Resolved, That the Legislature of the State sioned November 29, 1943, it displaced 38,500 hotel and motel occupancy, and restaurant of California respectfully memorializes the tons, measured 889 feet long, carried 45 air- patronage, resulting in higher sales and President and Congress of the United States, craft, and had a complement of 2,400 per- transient occupancy tax revenues; and the Secretary of Defense, and the Joint sonnel; and Whereas, Estimates indicate that estab- Chiefs of Staff to the Department of Defense, Whereas, In June, 1945, a typhoon ripped a lishment of the proposed museum and cul- to support the efforts of the citizens of the 24-foot gash in the forward section of the tural center would employ up to 150 people State of California and the County of Ala- flight deck, but the Hornet (CV–12) was sim- within three years, and would annually in- meda to acquire the aircraft carrier Hornet; ply turned around and the aircraft were fuse between 12 and 22 million dollars into and be it further launched off the stern; and the local economy; and Resolved, That the Secretary of the Senate Whereas, Postwar modernization of the Whereas, A carrier museum could be used transmit copies of this resolution to the Hornet (CV–12) under the Fleet Rehabilita- as an ongoing exposition to showcase Alame- President and Vice President of the United

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S99 States, to the Secretary of Defense, and the POM–9. A resolution adopted by the Char- Whereas, The Republic of Poland recog- Joint Chiefs of Staff of the Department of ter Township of Brownstown, Michigan rel- nizes its responsibilities as a democratic na- Defense, to the Speaker of the House of Rep- ative to hazardous wastes; to the Committee tion and wishes to exercise such responsibil- resentatives, and to each Senator and Rep- on Environment and Public Works. ities in concert with members of NATO; and resentative from California in the Congress POM–10. A resolution adopted by the Whereas, The Republic of Poland desires to of the United States. Mayor and Council of the Borough of Little become part of NATO’s efforts to prevent the Silver, Michigan relative to ocean dumping; extremes of nationalism; and POM–3. A joint resolution adopted by the to the Committee on Environment and Pub- Whereas, The security of the United States Legislature of the State of California; to the lic Works. is dependent upon the stability of Central Committee on Armed Services. POM–11. A resolution adopted by the Europe; therefore be it Whereas, The recent worldwide conflicts Keane Valley Congregational Church of the Resolved, That the Senate of Pennsylvania have highlighted again the contributions of City of Syracuse, New York relative to Adi- respectfully urge the President of the United this nation’s military and retired veterans; rondacks; to the Committee on Environment States and the Congress of the United States and and Public Works. to support the Republic of Poland’s petition Whereas, Integral to the success of our POM–12. A resolution adopted by the Inter- for admission to the North Atlantic Treaty military forces are those servicemen and faith Council to Assist Vietnamese Refugees Organization; and be it further servicewomen who have made a career of de- relative to asylum; to the Committee on Resolved, That the Senate of Pennsylvania fending their country, who in peacetime may Foreign Relations. respectfully urge the President of the United be called away to places remote from their POM–13. A resolution adopted by the Lith- States and Congress to support the establish- families and loved ones, and who in war face uanian American Council and Lithuanian ment of a timetable for the admission of the the prospect of death or of serious disabling American Community of the City of Cicero, Republic of Poland to the North Atlantic wounds as a constant possibility; and Illinois relative to Russia; to the Committee Treaty Organization; and be it further Whereas, Legislation has been introduced on Foreign Relations. Resolved, That copies of this resolution be by the United States Congress to remedy an POM–14. A resolution adopted by the Leg- transmitted to the President of the United inequity applicable to military careerists; islature of the State of California; to the States, to the presiding officers of each and Committee on Foreign Relations. house of Congress, to each member of Con- Whereas, The inequity concerns those vet- Whereas, For one hundred and fifty years, gress from Pennsylvania and to Jerzy erans who are both retired and disabled and Liberia and the United States have main- Kozminski, Ambassador, of the Republic of who, because of an antiquated law that dates tained a direct and cordial relationship; and Poland. back to the nineteenth century, are denied Whereas, Liberia, a former member of the I certify that the foregoing is a true and concurrent receipt of full retirement pay and League of Nations and founding member of correct copy of Senate Resolution No. 154, disability compensation pay, but instead the United Nations, now faces total disinte- introduced by Senators Jack Wagner, Gerald may receive one or the other or must waive gration; and J. La Valle, Richard A. Kasunic, Clarence D. an amount of retirement pay equal to the Whereas, Liberia has been burdened with a Bell, Roy C. Afflerbach, Michael A. O’Pake, amount of disability compensation pay; and brutal civil war for the past six years that James J. Rhoades, J. Barry Stout, Joseph M. Whereas, No such deduction applies to the has displaced more than one-half of the Uliana, Jay Costa, Jr., Leonard J. Bodack, federal civil service so that a disabled vet- country’s population and claimed the lives of John E. Peterson, Melissa A. Hart and Raph- eran who has held a nonmilitary federal job approximately 250,000 Liberians; and ael J. Musto, and adopted by the Senate of for the requisite duration receives full lon- Whereas, The brunt of the protracted civil the Commonwealth of Pennsylvania the sev- gevity retirement pay undiminished by the war has been borne by the elderly, women, enth day of October in the year of our Lord, subtraction of disability pay; and children, and their relatives living abroad, one thousand nine hundred and ninety-six. Whereas, A statutory change is necessary including in California; and to correct this injustice and discrimination Whereas, A sizable portion of Liberian citi- POM–16. A resolution adopted by the Vil- in order that America’s occasional commit- zens in the United States reside in the State lage of Bridgeview, Illinois relative to the ment to war in pursuit of national and inter- of California and contribute to the growth of English language; to the Committee on Gov- national goals may be matched by an alle- this state and those citizens are individually ernmental Affairs. giance to those who sacrificed on behalf of and collectively impacted by the destruction POM–17. A joint resolution adopted by the those goals; now, therefore, be it of their people in Liberia, West Africa; and Legislature of the State of California; to the Resolved by the Senate and Assembly of the Whereas, The leadership of Liberia has Committee on Governmental Affairs. State of California, jointly, That the Legisla- reneged on more than a dozen signed peace SENATE JOINT RESOLUTION NO. 52 ture of the State of California urges the Con- agreement; and Whereas, Breast cancer is the most com- gress of the United States to amend Chapter Whereas, The citizens of Liberia are being mon cancer found in women, with one in 71 (commencing with Section 1401) of Title 10 held hostage by the opposing forces resulting every eight women likely to develop breast of the United States Code, relating to the in a breakdown of the civil society and the cancer in her lifetime, 183,400 new diagnoses compensation of retired military personnel, government; now, therefore, be it of breast cancer each year, and 46,240 deaths Resolved by the Senate and Assembly of the to permit full concurrent receipt of military from breast cancer expected in 1996; and longevity retirement pay and service-con- State of California, jointly, That the Legisla- Whereas, In the United States, every 15 nected disability pay; and be it further ture hereby respectfully memorializes the minutes, five new diagnoses of breast cancer Resolved, That the Secretary of the Senate President and Congress to ameliorate the and one death as a result of breast cancer transmit copies of this resolution to the situation in Liberia and seek a permanent will occur, and worldwide, every 30 seconds, President and Vice President of the United resolution to Liberia’s conflict; and be it fur- a new diagnosis of breast cancer and a death States, to the Secretary of Defense, to the ther as a result of breast cancer will occur; and Speaker of the House of Representatives, and Resolved, That the Secretary of the Senate Whereas, The cause or causes of this dis- to each Senator and Representative from transmit copies of this resolution to the ease have not been identified and no cure is California in the Congress of the United President and Vice President of the United available at this time, which indicates that States. States, to the Speaker of the House of Rep- more intense research is needed to improve resentatives, and to each Senator and Rep- care and treatment and to find a cure for POM–4. A resolution adopted by the Oper- resentative from California in the Congress this dreadful disease; and ation Combined Accident Reduction Effect of the United States. Whereas, Dr. Balazs ‘‘Ernie’’ Bodai, M.D., relative to highway safety; to the Committee F.A.C.S., chief of surgery at Kaiser POM–15. A resolution adopted by the Leg- on Commerce, Science, and Transportation. Permanente Medical Center in North Sac- POM–5. A resolution adopted by the Oper- islature of the Commonwealth of Pennsyl- ramento, contributing his own money and ation Combined Accident Reduction Effect vania; to the Committee on Foreign Rela- time, has developed a proposal for a vol- relative to safety belt laws; to the Com- tions. untary method to raise additional breast mittee on Commerce, Science, and Transpor- SENATE RESOLUTION cancer research funds; and tation. Whereas, The Republic of Poland is a free, Whereas, The proposal provides that addi- POM–6. A resolution adopted by the Char- democratic and independent nation with a tional breast cancer research funds would be ter Township of Van Buren, Michigan rel- long and proud history; and collected from postal patrons who wish to ative to hazardous materials; to the Com- Whereas, The North Atlantic Treaty Orga- donate one cent ($0.01) per first-class postage mittee on Environment and Public Works. nization (NATO) is dedicated to the preserva- stamp purchased, by requesting a special POM–7. A resolution adopted by the Cham- tion of freedom and security of its member breast cancer postal stamp and paying one ber of Commerce of Paradise, Michigan rel- nations; and cent ($0.01) more than the rate that would ative to Lake Superior; to the Committee on Whereas, The Republic of Poland desires to otherwise apply, with the extra one cent Environment and Public Works. share in both the benefits and obligations of ($0.01) going into a special fund called the POM–8. A resolution adopted by the City of NATO in pursuing the development, growth Cure Breast Cancer (CBC) fund; and Melvindale, Michigan relative to hazardous and promotion of democratic institutions Whereas, Dr. Bodai has undertaken an ex- wastes; to the Committee on Environment and ensuring free market economic develop- tensive campaign to garner public and pri- and Public Works. ment; and vate support for the Cure Breast Cancer fund

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by establishing an organization that is tax dent pro tempore of the Senate; considered S. CON. RES. 2 exempt for purposes of Section 501(c)(3) of and agreed to. Resolved by the Senate (the House of Rep- the Internal Revenue Code and ensuring that By Mr. DASCHLE (for himself, Mr. resentatives concurring), That effective from all administrative costs will be raised sepa- LOTT, Mr. ROCKEFELLER, and Mr. January 3, 1997, the joint committee created rately and all postal donations will go di- SARBANES): by Senate Concurrent Resolution 47 of the rectly into research to find the cause and S. Res. 7. A resolution commending Sen- One Hundred Fourth Congress, to make the cure for breast cancer; and ator Robert Byrd for fifty years of public necessary arrangements for the inaugura- Whereas, The Cure Breast Cancer postal service; considered and agreed to. tion, is hereby continued with the same stamp donation program has received favor- By Mr. DASCHLE: power and authority. able attention from the media and endorse- S. Res. 8. A resolution granting floor privi- SEC. 2. That effective from January 3, 1997, ments from breast cancer organizations, cor- leges; considered and agreed to. the provisions of Senate Concurrent Resolu- porations, medical groups, and elected offi- By Mr. LOTT: tion 48 of the One Hundred Fourth Congress, cials, leading to the introduction of federal S. Con. Res. 1. A concurrent resolution to to authorize the rotunda of the United legislation to enable implementation of the provide for the counting on January 9, 1997, States Capitol to be used in connection with Cure Breast Cancer postal stamp donation of the electoral votes for President and Vice the proceedings and ceremonies for the inau- program; now, therefore, be it President of the United States; considered guration of the President-elect and the Vice Resolved by the Senate and Assembly of the and agreed to. President of the United States, and for other State of California, jointly, That the Legisla- S. Con. Res. 2. A concurrent resolution to purposes, are hereby continued with the ture memorialize the Congress and the Presi- extend the life of the Joint Congressional same power and authority. dent to enact the federal legislation that has Committee on Inaugural Ceremonies and the f provisions of S. Con. Res. 48; considered and been introduced in the House of Representa- SENATE CONCURRENT RESOLU- tives and Senate to enable the implementa- agreed to. tion of the Cure Breast Cancer postal stamp S. Con. Res. 3. A concurrent resolution pro- TION 3—RELATIVE TO THE AD- donation program and memorialize the viding for a recess or adjournment of the JOURNMENT OF THE SENATE Board of Governors of the United States Senate from January 9, 1997 to January 21, Mr. LOTT submitted the following Postal Service to implement this program to 1997, and an adjournment of the House from concurrent resolution; which was con- allow voluntary collection of supplemental January 9, 1997 to January 20, 1997, from Jan- sidered and passed. breast cancer research funds; and be it fur- uary 20, 1997 to January 21, 1997, and from S. CON. RES. 3 ther January 21, 1997 to February 4, 1997; consid- Resolved, That the Secretary of the Senate ered and agreed to. Resolved by the Senate (the House of Rep- resentatives concurring), That when the Sen- transmit copies of this resolution to the f President and Vice President of the United ate recesses or adjourns on Thursday, Janu- States, to the Speaker of the House of Rep- SENATE CONCURRENT RESOLU- ary 9, 1997, pursuant to a motion made by the resentatives, and to each Senator and Rep- TION 1—RELATIVE TO ELEC- Majority Leader or his designee, in accord- resentative from California in the Congress TORAL VOTES FOR PRESIDENT ance with the provisions of this resolution, it of the United States. AND VICE PRESIDENT stand recessed or adjourned until 12 noon on Tuesday, January 21, 1997, or until such time Mr. LOTT submitted the following on that day as may be specified by the Ma- POM–18. A resolution adopted by the Coun- jority Leader or his designee in the motion cil of the City of Long Branch, California rel- concurrent resolution; which was con- to recess or adjourn, or until 12 noon on the ative to allegations concerning the sale of il- sidered and passed. second day after Members are notified to re- legal drugs; to the Select Committee on In- S. CON. RES. 1 assemble pursuant to section 2 of this con- telligence. Resolved by the Senate (the House of Rep- current resolution; and that when the House POM–19. A petition from a citizen of the resentatives concurring), That the two Houses adjourns on Thursday, January 9, 1997, it State of Louisiana relative to the seating in of Congress shall meet in the Hall of the stand adjourned until 10 a.m. on Monday, the U.S. Senate of a citizen from the State of House of Representatives on Thursday, the January 20, 1997; that when the House ad- Louisiana, received on December 5, 1996; to 9th day of January 1997, at 1 o’clock post me- journs on Monday, January 20, 1997, it stand the Committee on Rules and Administration. ridian, pursuant to the requirements of the adjourned until 12 noon on Tuesday, January POM–20. A resolution adopted by the White Constitution and laws relating to the elec- 21, 1997; and that when the House adjourns on House Conference on Library and Informa- tion of President and Vice President of the Tuesday, January 21, 1997; it stand adjourned tion Services Taskforce relative to libraries; United States, and the President of the Sen- until 12:30 p.m. on Tuesday, February 4, 1997, to the Committee on Labor and Human Re- ate shall be their Presiding Officer; that two or until 12 noon on the second day after sources. tellers shall be previously appointed by the Members are notified to reassemble pursuant POM–21. A petition from a citizen of the President of the Senate on the part of the to section 2 of this concurrent resolution. State of Tennessee relative to the seating of Senate and two by the Speaker on the part of SEC. 2. The Majority Leader of the Senate the U.S. Senate of a citizen from the State of the House of Representatives, to whom shall and the Speaker of the House, acting jointly Tennessee; to the Committee on Rules and be handed, as they are opened by the Presi- after consultation with the Minority Leader Administration. dent of the Senate, all the certificates and of the Senate and the Minority Leader of the f papers purporting to be certificates of the House, shall notify the Members of the Sen- electoral votes, which certificates and papers ate and the House, respectively, to reassem- SUBMISSION OF CONCURRENT AND shall be opened, presented, and acted upon in ble whenever, in their opinion, the public in- SENATE RESOLUTIONS the alphabetical order of the States, begin- terest shall warrant it. The following concurrent resolutions ning with the letter ‘‘A’’; and said tellers, f having then read the same in the presence and Senate resolutions were read, and and hearing of the two Houses, shall make a SENATE RESOLUTION 1—RELATIVE referred (or acted upon), as indicated: list of the votes as they shall appear from TO INFORMING THE HOUSE OF By Mr. LOTT: the said certificates; and the votes having REPRESENTATIVES THAT A S. Res. 1. A resolution informing the House been ascertained and counted in the manner QUORUM OF THE SENATE IS AS- of Representatives that a quorum of the Sen- and according to the rules by law provided, SEMBLED ate is assembled; considered and agreed to. the result of the same shall be delivered to S. Res. 2. A resolution informing the Presi- the President of the Senate, who shall there- Mr. LOTT submitted the following dent of the United States that a quorum of upon announce the state of the vote, which resolution; which was considered and each House is assembled; considered and announcement shall be deemed a sufficient passed. agreed to. declaration of the persons, if any, elected S. RES. 1 S. Res. 3. A resolution fixing the hour of President and Vice President of the United Resolved, That the Secretary inform the daily meeting of the Senate; considered and States, and, together with a list of the votes, House of Representatives that a quorum of agreed to. be entered on the Journals of the two the Senate is assembled and that the Senate S. Res. 4. A resolution to elect Strom Houses. is ready to proceed to business. Thurmond, a Senator from the State of f f South Carolina, to be President pro tempore of the Senate of the United States; consid- SENATE CONCURRENT RESOLU- SENATE RESOLUTION 2—RELATIVE ered and agreed to. TION 2—RELATIVE TO THE JOINT TO INFORMING THE PRESIDENT S. Res. 5. A resolution notifying the Presi- CONGRESSIONAL COMMITTEE ON THAT A QUORUM OF THE SEN- dent of the United States of the election of INAUGURAL CEREMONIES ATE IS ASSEMBLED a President pro tempore; considered and agreed to. Mr. LOTT submitted the following Mr. LOTT submitted the following S. Res. 6. A resolution notifying the House concurrent resolution; which was con- resolution; which was considered and of Representatives of the election of a Presi- sidered and passed. passed.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S101 S. RES. 2 Whereas, for 50 years, he had dedicated his firm dedication to the cause of free- Resolved, That a committee consisting of himself to improving the lives and welfare of dom. General Lafayette served at his two Senators be appointed to join such com- the people of West Virginia and the United own expense as a volunteer using his mittee as may be appointed by the House of States, personal funds to supply the troops Whereas, his 50-year commitment to public Representatives to wait upon the President under his command and soon reached of the United States and inform him that a service has been one of total dedication to quorum of each House is assembled and that serving the people of his beloved state and to virtual bankruptcy. Additionally, he the Congress is ready to receive any commu- the highest ideals of public service, forged a friendship between two na- nication he may be pleased to make. Whereas, he has held more legislative of- tions which has lasted to the present fices than anyone else in the history of his f time. When he died in 1834, soil from state, and is the longest serving Senator in each of the individual United States SENATE RESOLUTION 3—RELATIVE the history of his state: Now, therefore, be it was placed on his grave. I commend the TO FIXING THE HOUR OF DAILY Resolved, That the U.S. Senate congratu- Sons of the American Revolution, Gen. MEETING lates the Honorable Robert C. Byrd, the sen- ior Senator from West Virginia, for his 50 David Humphreys Branch, and the East Mr. LOTT submitted the following years of public service to the people of West Haven Historical Society for their ef- resolution; which was considered and Virginia and to the United States of Amer- forts and dedication to preserving the passed. ica. history of the United States. S. RES. 3 SEC. 2. The Secretary of the Senate shall MONITORING THE NEW LINE-ITEM VETO Resolved, That the hour of daily meeting of transmit a copy of this resolution to Senator AUTHORITY Robert C. Byrd. the Senate be 12 o’clock meridian unless oth- Mr. FEINGOLD. Mr. President, on erwise ordered. f the first of January, the clock began f SENATE RESOLUTION 8— ticking on an historic 8-year experi- SENATE RESOLUTION 4—RELATIVE GRANTING FLOOR PRIVILEGES ment. The Line-Item Veto Act became TO ELECTING SENATOR STROM effective on that date, a law that pro- Mr. DASCHLE submitted the fol- THURMOND AS PRESIDENT PRO vides the President with significant lowing resolution; which was consid- TEMPORE new authority to cancel discretionary ered and passed. spending and new entitlement spend- Mr. LOTT submitted the following S. RES. 8 resolution; which was considered and ing, along with an extremely limited Resolved, That an employee in the office of passed. ability to cancel new spending done Senator Max Cleland, to be designated from through the Tax Code. S. RES. 4 time to time by Senator Cleland, shall have Resolved, That Strom Thurmond, a Senator the privilege of the Senate floor during any Though the version enacted was from the State of South Carolina, be, and he period when Senator Cleland is in the Senate flawed in several ways, I supported this is hereby, elected President of the Senate chamber during the 105th Congress. new authority to provide the President pro tempore, to hold office during the pleas- f with some additional flexibility to ure of the Senate, in accordance with rule I, eliminate inappropriate spending. I do paragraph 1, of the Standing Rules of the AUTHORITY FOR COMMITTEE TO not believe the line-item veto is the Senate. MEET whole answer to our deficit problem, or f SELECT COMMITTEE ON INTELLIGENCE even most of the answer, but it cer- SENATE RESOLUTION 5—RELATIVE Mr. LOTT. Mr. President, I ask unan- tainly can be part of the answer. TO NOTIFYING THE PRESIDENT imous consent that the Select Com- A key part of the new Presidential OF THE ELECTION OF A PRESI- mittee on Intelligence be authorized to authority is the sunset clause. Unless DENT PRO TEMPORE meet during the session of the Senate Congress renews this authority, it will Mr. LOTT submitted the following on Tuesday, January 7, 1997 at 4 p.m. to expire. The sunset clause will put the resolution; which was considered and hold a closed business meeting. burden on those who want to retain the passed. The PRESIDING OFFICER. Without authority to demonstrate the experi- S. RES. 5 objection, it is so ordered. ment has worked. Resolved, That the President of the United f Mr. President, though the continuing States be notified of the election of Strom Federal budget deficits justify granting Thurmond, a Senator from the State of ADDITIONAL STATEMENTS this temporary authority to the Presi- South Carolina, as President pro tempore. dent on a trial basis, there are many f extremely serious issues surrounding THE SONS OF THE AMERICAN this proposal that merit close moni- SENATE RESOLUTION 6—RELATIVE REVOLUTION TO NOTIFYING THE HOUSE OF toring over the next several years. At REPRESENTATIVES OF THE Mr. LIEBERMAN. Mr. President, I the time I voted for the final version of ELECTION OF A PRESIDENT PRO would like to take a few moments to this new authority last year, I an- TEMPORE acknowledge the Sons of the American nounced my intention to form a line- Revolution, Gen. David Humphreys item veto watchdog project to regu- Mr. LOTT submitted the following Branch, and the East Haven Historical larly monitor how this new law is im- resolution; which was considered and Society. In a combined effort, these plemented over the next 8 years, and I passed. three groups have placed a marker on am pleased to take this opportunity to S. RES. 6 the northeast corner of the East Haven report on that project. Resolved, That the House of Representa- Town Green as a memorial to the Mar- Mr. President, joining me in this tives be notified of the election of Strom quis de Lafayette, general in the Conti- line-item veto watchdog project are a Thurmond, a Senator from the State of South Carolina, as President pro tempore. nental Army. General Lafayette and number of distinguished observers of his troops camped on that site en route Federal policymaking, including Nor- f to support the American and French man Ornstein of the American Enter- SENATE RESOLUTION 7—COM- forces at Providence, RI, on July 26, prise Institute, Stephen Moore of the MENDING SENATOR ROBERT C. 1778. CATO Institute, and Demetri Coupanis BYRD FOR 50 YEARS OF PUBLIC The dedication took place on May 27, on behalf of the Concord Coalition. In SERVICE 1996, in observance of Memorial Day. addition, several individuals from my Mr. DASCHLE (for himself, Mr. The ceremony included planes from the home State of Wisconsin have also LOTT, Mr. ROCKEFELLER, and Mr. SAR- Connecticut Air National Guard flying agreed to participate in the project. BANES) submitted the following resolu- overhead. Mayor Henry Luzzi of East They include State Senator Lynn tion; which was considered and passed. Haven introduced State Representative Adelman, State Representative Dave S. RES. 7 Michael P. Lawlor, 99th District, as the Travis, and attorney Fred Wade of Whereas, the Honorable Robert C. Byrd has guest speaker. Representative Lawlor Madison. Each of those three individ- dutifully and faithfully served the people of spoke of General Lafayette’s concern uals has a deep interest in the partial West Virginia since January 8, 1947; for our newly formed Government and veto authority granted to Wisconsin’s

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S102 CONGRESSIONAL RECORD — SENATE January 7, 1997 Governors and brings a critical per- waukee, I have introduced legislation vice chairman of the Anti-Defamation spective to the new authority given the to address this weakness in the new League. President. law, and will do so again this session. Burton P. Resnick’s dedication to Mr. President, though we have no It makes no sense to provide the Presi- helping the community through his prior experience at the Federal level, dent with this new authority while pro- outstanding achievements and accom- many in this body who have served in tecting one of the fastest growing areas plishments is highly commendable and State government may have seen the of spending in the Federal budget, an I take this time to wish him a very use of line-item veto authority at the area that includes unjustified subsidies happy birthday.∑ State level. Indeed, much of the sup- to some of the wealthiest individuals f port for a Federal line-item veto stems and corporations in the world. THE 220TH ANNIVERSARY OF THE from the State experience. But few Mr. President, the watchdog group FOUNDING OF THE U.S. CAVALRY other States, if any at all, have wit- will also monitor efforts to twist the nessed the abuses of line-item veto au- line item authority beyond its stated ∑ Mr. LIEBERMAN. Mr. President, I thority that we have seen in Wisconsin. purpose. As I noted above, in Wis- rise today to recognize the 220th anni- That abuse has been bipartisan—Gov- consin, the partial veto authority has versary of the U.S. Cavalry. The anni- ernors of both parties have used Wis- been abused by our Governors by strik- versary occurred on December 16, 1996. consin’s partial veto authority in ways ing out single letters in appropriation It was in the town of Wethersfield, it is safe to say no one anticipated bills to create new words and new CT, under orders by the First Conti- when that authority was first con- meanings to legislation. In some cases, nental Congress, that Revolutionary templated. For example, Wisconsin’s the Wisconsin statute has been used to troops organized the 1st Cavalry Regi- current Governor, Governor Thompson, actually increase State spending. The ment in the Continental Army. Today, has used the veto authority not only to new Federal law does not, on its sur- the town of Wethersfield, located in my rewrite entire laws, but actually to in- face, appear to allow for that kind of home State of Connecticut, is proud to crease spending and increase taxes. abuse, but our project will be moni- be recognized as the birthplace of the Mr. President, given that history, the toring that aspect of implementation U.S. Cavalry. participation of Senator Adelman, Rep- of the new law as well. Recognized by the U.S. Department resentative Travis, and attorney Wade Other aspects of the new law that of the Army’s Center of Military His- will be invaluable in helping us mon- warrant review are also sure to present tory, the 2d Continental Light Dra- itor potential abuses of the new Presi- themselves as we begin its actual use goons—Sheldon’s Horse—were orga- dential authority. later this session, and I welcome sug- nized in Wethersfield. This was the Mr. President, the watchdog project gestions from my colleagues who are first dragoon regiment to become a will be monitoring and chronicling a interested in this historic new law. part of the Continental Army. Training number of aspects of the Presidential It is critical that we track closely ground for this regiment had been cre- power—first, the actual amount of Fed- how the new authority is being used so ated by a Wethersfield native, Capt. eral spending eliminated by the Presi- that when it expires in 8 years, Con- Benjamin Tallmadge. This regiment dent’s use of the line-item veto. Reduc- gress and the public will have some made numerous contributions in the ing unnecessary spending was the cen- measurable criteria by which to assess Revolutionary War by participating in tral argument for this new authority, its effectiveness. combat in northern New Jersey and the and keeping track of how much spend- f defense of Philadelphia. ing is eliminated will be useful in see- The town of Wethersfield played a ing how effective this new tool actually BURTON P. RESNICK vital role in America’s independence. is. It may also help encourage Presi- ∑ Mr. LIEBERMAN. Mr. President, I From the historic Webb House, where dents to make sure that they are mak- rise today to honor Burton P. Resnick Gen. George Washington met with ing full use of this new authority as we on the occasion of his birthday. Mr. Comte de Rochambeau to discuss strat- will attempt to track missed opportu- Resnick turned 60 on November 28, 1996. egies for the Battle of Yorktown, to nities as well as successes. Mr. Resnick is the President of Jack the modern development of the Silas The watchdog project will also mon- Resnick & Sons, Inc. The company, Deane Highway, the quaintness of itor instances where the new authority founded by his father in 1928, has been Wethersfield is intermingled with the is abused by the executive branch. a leader in real estate development, heroic greatness of the U.S. Cavalry. Some have suggested that the line- construction, ownership, and manage- With origins in Wethersfield, the U.S. item veto could be used to coerce Mem- ment of business in New York for many Cavalry fought epic battles at Brandy bers of Congress to toe the line on an years. Today Jack Resnick & Sons, Station during the Civil War and the administration’s policies through the Inc., controls and operates over 5 mil- Punity Expedition before World War I. threat to cancel spending in home lion square feet of first-class real es- The U.S. Cavalry now based in Fort States. If a President starts misusing tate in prime locations in New York Riley, KS, will be forever linked with the line-item veto authority as a club City. In recognition of his outstanding Wethersfield and the State of Con- to get votes on nominations or other work in the field of real estate, Mr. necticut. I applaud the efforts of Dep- policy matters, the public ought to Resnick was named chairman emeritus uty Mayor Richard Sparveri, Town hear about it, and our project will seek of the Board of Governors of the Real Councilman Brendan T. Flynn, the to document this kind of abuse if it Estate Board of New York. Wethersfield Historical Society, takes place. Burton P. Resnick is also extremely Wethersfield Tourism Task Force, Mr. Mr. President, the watchdog project involved with numerous philanthropic John Conway, Mr. Arthur Hutchinson, will also look for examples of excess and charitable organizations. One of and so many others who have brought spending that escape scrutiny because his highest honors was being appointed this significant part of American his- of loopholes in the new law. Some al- by President Clinton to the Holocaust tory into the spotlight it greatly de- ready are speculating on the different Memorial Council. He is chairman of serves.∑ techniques that may be attempted to the Executive Committee of the Board f avoid the reach of this new Presi- of Trustees of Yeshiva University and dential power. Chairman of the board of Overseers of ORDER OF BUSINESS Mr. President, in this regard, I am es- Albert Einstein College of Medicine. He Mr. LOTT. Mr. President, I suggest pecially concerned that the sections of is also a member of the board of direc- the absence of a quorum. the line-item veto authority that deal tors of the Hebrew Home for the Aged The PRESIDING OFFICER. The with tax expenditures were too nar- at Riverdale, NY, as well as Chairman clerk will call the roll. rowly drawn, and that many new spe- of the Building Committee. The bill clerk proceeded to call the cial interest tax breaks could escape Mr. Resnick assists the National roll. the line-item veto pen. Along with my United Jewish Appeal through his role Mr. LOTT. Mr. President, I ask unan- good friend in the other body, Rep- as vice chairman of the organization. imous consent that the order for the resentative TOM BARRETT of Mil- He also serves as national campaign quorum call be rescinded.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1997SENATE\S07JA7.REC S07JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 7, 1997 CONGRESSIONAL RECORD — SENATE S103 The PRESIDING OFFICER (Mr. monitored minefields to protect the ci- The executive branch has given very THOMAS). Without objection, it is so or- vilian population in the area; (4) re- careful study to the Incendiaries Pro- dered. quire that all anti-personnel mines be tocol and has developed a reservation f detectable using commonly available that would, in our view, make it ac- technology to make the task of mine ceptable from a broader national secu- REMOVAL OF INJUNCTION OF SE- clearance easier and safer; (5) require rity perspective. This proposed reserva- CRECY—TREATY DOCUMENT NO. that the party laying mines assume re- tion, the text of which appears in the 105–1 sponsibility for them to ensure against report of the Department of State, Mr. LOTT. Mr. President, as in exec- their irresponsible and indiscriminate would reserve the right to use incendi- utive session, I ask unanimous consent use; and (6) provide more effective aries against military objectives lo- that the injunction of secrecy be re- means for dealing with compliance cated in concentrations of civilians moved from the following treaty trans- problems to ensure that these restric- where it is judged that such use would mitted to the Senate on January 7, tions are actually observed. These ob- cause fewer casualties and less collat- 1997, by the President of the United jectives were all endorsed by the Sen- eral damage than alternative weapons. States: protocols to the 1980 Conven- ate in its Resolution of Ratification of The third of these three Protocols— tional Weapons Convention, Treaty the Convention in March 1995. the new Protocol on Blinding Lasers— Document No. 105–1. The amended Mines Protocol was not prohibits the use or transfer of laser I further ask unanimous consent that as strong as we would have preferred. weapons specifically designed to cause the treaty be considered as having been In particular, its provisions on permanent blindness to unenhanced vi- read the first time; that it be referred, verification and compliance are not as sion (that is, to the naked eye or to the with accompanying papers, to the Com- rigorous as we had proposed, and the eye with corrective devices). The Pro- mittee on Foreign Relations and or- transition periods allowed for the con- tocol also requires Parties to take all dered to be printed; and that the Presi- version or elimination of certain non- feasible precautions in the employment of other laser systems to avoid the in- dent’s message be printed in the compliant mines are longer than we cidence of such blindness. RECORD. thought necessary. We shall pursue these issues in the regular meetings These blinding lasers are not needed The PRESIDING OFFICER. Without by our military forces. They are poten- objection, it is so ordered. that the amended Protocol provides for review of its operation. tial weapons of the future, and the The message of the President is as United States is committed to pre- follows: Nonetheless, I am convinced that this amended Protocol will, if gen- venting their emergence and use. The To the Senate of the United States: erally adhered to, save many lives and United States supports the adoption of I transmit herewith, for the advice prevent many tragic injuries. It will, as this new Protocol. and consent of the Senate to ratifica- well, help to prepare the ground for the I recommend that the Senate give its tion, the following Protocols to the total prohibition of anti-personnel early and favorable consideration to 1980 Convention on Prohibitions or Re- landmines to which the United States these Protocols and give its advice and consent to ratification, subject to the strictions on the Use of Certain Con- is committed. In this regard, I cannot conditions described in the accom- ventional Weapons Which May Be overemphasize how seriously the panying report of the Department of Deemed to Be Excessively Injurious or United States takes the goal of elimi- State. The prompt ratification of the to Have Indiscriminate Effects: the nating APL entirely. The carnage and amended Mines Protocol is particu- amended Protocol on Prohibitions or devastation caused by anti-personnel larly important, so that the United Restrictions on the Use of Mines, landmines—the hidden killers that States can continue its position of Booby-Traps and Other Devices (Pro- murder and maim more than 25,000 peo- leadership in the effort to deal with the tocol II or the amended Mines Pro- ple every year—must end. tocol); the Protocol on Prohibitions or On May 16, 1996, I launched an inter- humanitarian catastrophe of irrespon- Restrictions on the Use of Incendiary national effort to this end. This initia- sible landmine use. Weapons (Protocol III or the Incen- tive sets out a concrete path to a glob- WILLIAM J. CLINTON. THE WHITE HOUSE, January 7, 1997. diary Weapons Protocol); and the Pro- al ban on anti-personnel landmines and tocol on Blinding Laser Weapons (Pro- is one of my top arms control prior- f tocol IV). Also transmitted for the in- ities. At the same time, the policy rec- RECESS UNTIL THURSDAY, formation of the Senate is the report of ognizes that the United States has JANUARY 9, 1997, AT 12:30 P.M. the Department of State with respect international commitments and re- Mr. LOTT. Mr. President, I ask unan- to these Protocols, together with arti- sponsibilities that must be taken into imous consent that the Senate now cle-by-article analyses. account in any negotiations on a total stand in recess under the previous The most important of these Proto- ban. As our work on this initiative pro- order. cols is the amended Mines Protocol. It gresses, we will continue to consult There being no objection, the Senate, is an essential step forward in dealing with the Congress. at 5:07 p.m., recessed until Thursday, with the problem of anti-personnel The second of these Protocols—the January 9, 1997, at 12:30 p.m. landmines (APL) and in minimizing Protocol on Incendiary Weapons—is a f the very severe casualties to civilians part of the original Convention but was that have resulted from their use. It is not sent to the Senate for advice and NOMINATIONS an important precursor to the total consent with the other 1980 Protocols Executive nominations received by prohibition of these weapons that the in 1994 because of concerns about the the Senate January 7, 1997: United States seeks. acceptability of the Protocol from a DEPARTMENT OF STATE Among other things, the amended military point of view. Incendiary MADELEINE KORBEL ALBRIGHT, OF THE DISTRICT OF Mines Protocol will do the following: weapons have significant potential COLUMBIA, TO BE SECRETARY OF STATE, VICE WARREN (1) expand the scope of the original military value, particularly with re- CHRISTOPHER, RESIGNED. Protocol to include internal armed spect to flammable military targets DEPARTMENT OF DEFENSE conflicts, where most civilian mine WILLIAM S. COHEN, OF MAINE, TO BE SECRETARY OF that cannot so readily be destroyed DEFENSE, VICE WILLIAM J. PERRY. casualties have occurred; (2) require with conventional explosives. DEPARTMENT OF STATE that all remotely delivered anti-per- At the same time, these weapons can BILL RICHARDSON, OF NEW MEXICO, TO BE THE REP- sonnel mines be equipped with self-de- be misused in a manner that could RESENTATIVE OF THE UNITED STATES OF AMERICA TO struct devices and backup self-deacti- cause heavy civilian casualties. In par- THE UNITED NATIONS WITH THE RANK AND STATUS OF AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY, vation features to ensure that they do ticular, the Protocol prohibits the use AND THE REPRESENTATIVE OF THE UNITED STATES OF not pose a long-term threat to civil- of air-delivered incendiary weapons AMERICA IN THE SECURITY COUNCIL OF THE UNITED NA- ians; (3) require that all nonremotely against targets located in a city, town, TIONS, VICE MADELEINE KORBEL ALBRIGHT. delivered anti-personnel mines that are village, or other concentration of civil- UNITED STATES CAPITOL not equipped with such devices be used ians, a practice that caused very heavy ALAN M. HANTMAN, OF NEW JERSEY, TO BE ARCHITECT OF THE CAPITOL FOR THE TERM OF 10 YEARS, VICE only within controlled, marked, and civilian casualties in past conflicts. GEORGE MALCOLM WHITE.

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THE JUDICIARY FOR A TERM EXPIRING JANUARY 26, 2002, VICE BRUCE D. JOSEPH F. AHERN MICHAEL J. DEVINE BENSON, TERM EXPIRED. JEFFREY G. LANTZ SCOTT F. KAYSER ERIC L. CLAY, OF MICHIGAN, TO BE U.S. CIRCUIT JUDGE ADAN D. GUERRERO JAMES B. CRAWFORD FOR THE SIXTH CIRCUIT, VICE RALPH B. GUY, JR., RE- NATIONAL COUNCIL ON DISABILITY WALTER S. MILLER WILLIAM J. HUTMACHER TIRED. DAVE NOLAN BROWN, OF WASHINGTON, TO BE A MEM- MARK E. BLUMFELDER GLENN L. SNYDER MERRICK B. GARLAND, OF MARYLAND, TO BE U.S. CIR- BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A RICHARD W. GOODCHILD DOUGLAS P. RUDOLPH CUIT JUDGE FOR THE DISTRICT OF COLUMBIA CIRCUIT, TERM EXPIRING SEPTEMBER 17, 1998, VICE JOHN A. GAN- JON T. BYRD JOHN L. GRENIER VICE ABNER J. MIKVA, RETIRED. NON, TERM EXPIRED. DAVID W. RYAN TIMOTHY S. SULLIVAN WILLIAM A. FLETCHER, OF CALIFORNIA, TO BE U.S. JEFFREY A. FLORIN MARK G. VANHAVERBEKE CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE WILLIAM NATIONAL FOUNDATION ON THE ARTS AND THE JOHN C. SIMPSON JAMES SABO ALBERT NORRIS, RETIRED. HUMANITIES WILLIAM C. BENNETT PAUL C. ELLNER RICHARD A. PAEZ, OF CALIFORNIA, TO BE U.S. CIRCUIT JOEL R. WHITEHEAD STEVEN A. NEWELL JUDGE FOR THE NINTH CIRCUIT, VICE CECIL F. POOLE, LORRAINE WEISS FRANK, OF ARIZONA, TO BE A MEM- JAMES J. LOBER, JR. DOUGLAS E. MARTIN RESIGNED. BER OF THE NATIONAL COUNCIL ON THE HUMANITIES WAYNE D. GUSMAN RICHARD M. BROOKS M. MARGARET MCKEOWN, OF WASHINGTON, TO BE U.S. FOR A TERM EXPIRING JANUARY 26, 2002, VICE MIKISO CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE J. JE- HANE, TERM EXPIRED. THE FOLLOWING RESERVE OFFICER OF THE U.S. COAST ROME FARRIS, RETIRED. GUARD FOR PROMOTION TO THE GRADE OF CAPTAIN: ARTHUR GAJARSA, OF MARYLAND, TO BE U.S. CIRCUIT BARRY GOLDWATER SCHOLARSHIP AND CATHERINE M. KELLY JUDGE FOR THE FEDERAL CIRCUIT, VICE HELEN WILSON EXCELLENCE IN EDUCATION FOUNDATION NIES, RETIRED. PURSUANT TO THE PROVISIONS OF 14 U.S.C. 729, THE JAMES A. BEATY, JR., OF NORTH CAROLINA, TO BE U.S. HANS M. MARK, OF TEXAS, TO BE A MEMBER OF THE FOLLOWING NAMED LIEUTENANT COMMANDERS OF THE CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, VICE JAMES BOARD OF TRUSTEES OF THE BARRY GOLDWATER COAST GUARD RESERVE TO BE PERMANENT COMMIS- DICKSON PHILLIPS, JR., RETIRED. SCHOLARSHIP AND EXCELLENCE IN EDUCATION FOUN- SIONED OFFICERS IN THE COAST GUARD RESERVE IN ANN L. AIKEN, OF OREGON, TO BE U.S. DISTRICT JUDGE DATION FOR A TERM EXPIRING APRIL 17, 2002. (RE- THE GRADE OF COMMANDER: APPOINTMENT) FOR THE DISTRICT OF OREGON, VICE JAMES H. REDDEN, ROY F. WILLIANS STEPHEN N. JACKSON RETIRED. NATIONAL FOUNDATION ON THE ARTS AND THE THEODORE B. ROYSTER WILLIAM C. HANSEN LAWRENCE BASKIR, OF MARYLAND, TO BE A JUDGE OF GEORGE J. SCHULER JOSEPH A. KEGLOVITS HUMANITIES THE U.S. COURT OF FEDERAL CLAIMS FOR A TERM OF 15 JACQUELINE V. WYLAND DAVID P. ROUNDY YEARS, VICE REGINALD W. GIBSON, RETIRED. SUSAN FORD WILTSHIRE, OF TENNESSEE, TO BE A LAWRENCE A. GASS THOMAS PLESNARSKI JOSEPH F. BATAILLON, OF NEBRASKA, TO BE U.S. DIS- MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- KRISTIN Q. CORCORAN WARREN E. SOLODUK TRICT JUDGE FOR THE DISTRICT OF NEBRASKA VICE ITIES FOR A TERM EXPIRING JANUARY 26, 2002, VICE MARYELLEN M. COLELLA DAVID H. SULOUFF LYLE E. STROM, RETIRED. HELEN GARY CRAWFORD, TERM EXPIRED. DAVID A. MAES ROBERT C. LUDWICK COLLEEN KOLLAR-KOTELLY, OF THE DISTRICT OF CO- JOHN J. MADEIRA RICHARD A. REYNOLDS LUMBIA, TO BE U.S. DISTRICT JUDGE FOR THE DISTRICT EXECUTIVE OFFICE OF THE PRESIDENT JEANNE CASSIDY DOUGLAS A. ASH OF COLUMBIA, VICE HAROLD H. GREENE, RETIRED. CHARLES E. POLK DAVID G. O’BRIEN CHARLENE BARSHEFSKY, OF THE DISTRICT OF COLUM- RICHARD A. LAZZARA, OF FLORIDA, TO BE U.S. DIS- JOHN A. HOLUB JOSEPH J. RIORDAN BIA, TO BE U.S. TRADE REPRESENTATIVE, WITH THE TRICT JUDGE FOR THE MIDDLE DISTRICT OF FLORIDA JOHN W. LONG NEEDHAM E. WARD RANK OF AMBASSADOR EXTRAORDINARY AND PLENI- VICE JOHN H. MOORE II, RETIRED. MICHAEL D. OAKS ROBERT Q. AMMON POTENTIARY, VICE MICHAEL KANTOR. DONALD M. MIDDLEBROOKS, OF FLORIDA, TO BE U.S. ANN M. COURTNEY BRIAN D. MURPHY DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF SMALL BUSINESS ADMINISTRATION ANTHONY B. CANORRO VIRGIL F. BATEMAN FLORIDA VICE JAMES W. KEHOE, RETIRED. LARRY L. JONES SALVATORE BRILLANTE JEFFREY T. MILLER, OF CALIFORNIA, TO BE U.S. DIS- AIDA ALVAREZ, OF NEW YORK, TO BE ADMINISTRATOR MATTHEW P. BERNARD NANCY A. MAZUR TRICT JUDGE FOR THE SOUTHERN DISTRICT OF CALI- OF THE SMALL BUSINESS ADMINISTRATION, VICE PHILIP MAUREEN B. HARKINS MICHAEL A. CICALESE FORNIA VICE GORDON THOMPSON, JR., RETIRED. LADER. ROBERT W. GRABB SIDNEY J. DUCK SUSAN OKI MOLLWAY, OF HAWAII, TO BE U.S. DISTRICT WAYNE C. DUMAS PHILIP J. JORDAN JUDGE FOR THE DISTRICT OF HAWAII VICE HAROLD M. DEPARTMENT OF HOUSING AND URBAN MARK A. JONES JOSEPH P. CAIN FONG, DECEASED. DEVELOPMENT MARGARET M. MORROW, OF CALIFORNIA, TO BE U.S. THE FOLLOWING REGULAR OFFICERS OF THE U.S. DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- ANDREW M. CUOMO, OF NEW YORK, TO BE SECRETARY COAST GUARD FOR PROMOTION TO THE GRADE OF COM- FORNIA VICE RICHARD A. GADBOIS, RETIRED. OF HOUSING AND URBAN DEVELOPMENT, VICE HENRY G. MANDER: ROBET W. PRATT, OF IOWA, TO BE U.S. DISTRICT JUDGE CISNEROS, RESIGNED. GEORGE A. RUSSELL, JR. Stephen J. Minutolo FOR THE SOUTHERN DISTRICT OF IOWA VICE HAROLD D. DEPARTMENT OF COMMERCE Patrick J. Cunningham, Virginia K. Holtzman-Bell VIETOR, RETIRED. Jr. Matthew M. Blizard CHRISTINA A. SNYDER, OF CALIFORNIA, TO BE U.S. DIS- WILLIAM M. DELAY, OF ILLINOIS, TO BE SECRETARY Dane S. Egli Richard A. Rendon TRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- OF COMMERCE, VICE MICHAEL KANTOR. Jeffrey S. Gorden Bryan D. Schroder FORNIA VICE EDWARD RAFEEDIE, RETIRED. John W. Yager, Jr. CLARENCE J. SUNDRAM, OF NEW YORK, TO BE U.S. DIS- DEPARTMENT OF LABOR Bret K. Mc Gough Marshall B. Lytle III TRICT JUDGE FOR THE NORTHERN DISTRICT OF NEW Jody B. Turner ALEXIS M. HERMAN, OF ALABAMA, TO BE SECRETARY Thomas D. Criman YORK VICE CON. G. CHOLAKIA, RETIRED. Mark L. Mc Ewen OF LABOR, VICE ROBERT B. REICH. Stephen J. Ohnstad THOMAS W. THRASH, JR., OF GEORGIA, TO BE U.S. DIS- Mark A. Skordinski Carol C. Bennett TRICT JUDGE FOR THE NORTHERN DISTRICT OF GEORGIA Donald K. Strother DEPARTMENT OF TRANSPORTATION Thomas E. Hobaica VICE ROBERT L. VINING, JR., RETIRED. Francis X. Irr, Jr. David S. Stevenson MARJORIE O. RENDELL, OF PENNSYLVANIA, TO BE U.S. RODNEY E. SLATER, OF ARKANSAS, TO BE SECRETARY Robert a. Farmer James T. Hubbard CIRCUIT JUDGE FOR THE THIRD CIRCUIT, VICE WILLIAM OF TRANSPORTATION, VICE FEDERICO PENA. Richard M. Kaser George P. Vance, Jr. D. HUTCHINSON, DECEASED. Kurtis J. Guth Robert M. Atkin HELENE N. WHITE, OF MICHIGAN, TO BE U.S. CIRCUIT EXECUTIVE OFFICE OF THE PRESIDENT Gary E. Felicetti Christine D. Balboni JUDGE FOR THE SIXTH CIRCUIT, VICE DAMON J. KEITH, Daniel A. Laliberte JANET L. YELLEN, OF CALIFORNIA, TO BE A MEMBER Mark D. Rutherford RETIRED. Kurt W. Devoe OF THE COUNCIL OF ECONOMIC ADVISERS, VICE JOSEPH Patrick B. Trapp Robert J. Legier E. STIGLITZ, RESIGNED. Dennis D. Blackall CORPORATION FOR NATIONAL AND COMMUNITY Robert E. Korroch Bradley R. Mozee SERVICE IN THE COAST GUARD Thomas P. Ostebo Richard J. Ferraro Mark A. Prescott Richard L. Matters DONNA HOLT CUNNINGHAME, OF MARYLAND, TO BE THE FOLLOWING REGULAR OFFICERS OF THE U.S. Kenneth H. Sherwood Ekundayo G. Faux CHIEF FINANCIAL OFFICER, CORPORATION FOR NA- COAST GUARD FOR PROMOTION TO THE GRADE OF REAR Mark S. Guillory ADMIRAL (LOWER HALF): David L. Lersch TIONAL AND COMMUNITY SERVICE, (NEW POSITION), TO Preston d. Gibson WHICH POSITION SHE WAS APPOINTED DURING THE Ricki G. Benson THOMAS J. BARRETT JAMES D. HULL David L. Hill LAST RECESS OF THE SENATE. Norman L. Custard, Jr. JOHN F. MC GOWAN GEORGE N. NACCARA Michael P. Farrell Gregory B. Breithaupt TERRY M. CROSS NATIONAL COMMISSION ON LIBRARIES AND Richard A. Stanchi Frederick J. Kenney, Jr. Scott S. Graham INFORMATION SCIENCE THE FOLLOWING INDIVIDUAL FOR APPOINTMENT AS A Thomas K. Richey Mark R. Devries PERMANENT REGULAR COMMISSIONED OFFICER IN THE David M. Gundersen Kenneth R. Burgess, Jr. JOSE-MARIE GRIFFITHS, OF TENNESSEE, TO BE A MEM- U.S. COAST GUARD IN THE GRADE OF LIEUTENANT COM- James E. Tunstall Warren L. Haskovec BER OF THE NATIONAL COMMISSION ON LIBRARIES AND MANDER: John R. Ochs INFORMATION SCIENCE FOR A TERM EXPIRING JULY 19, Jennifer L. Yount Timothy J. Dellot LAURA H. GUTH 2001, VICE SHIRLEY ADAMOVICH, TERM EXPIRED. Barry P. Smith Tomas Zapata William D. Lee DEPARTMENT OF STATE THE FOLLOWING OFFICERS OF THE U.S. COAST GUARD Peter V. Neffenger PERMANENT COMMISSIONED TEACHING STAFF AT THE John R. Lindley, Jr. Daniel R. MaCleod MADELEINE MAY KUNIN, OF VERMONT, TO SERVE CON- COAST GUARD ACADEMY FOR PROMOTION TO THE Robert R. O’Brien, Jr. Robert M. Wilkins CURRENTLY AND WITHOUT ADDITIONAL COMPENSATION GRADE INDICATED: Scott G. Woolman Timothy G. Jobe AS AMBASSADOR EXTRAORDINARY AND PLENI- William W. Whitson, Jr. Rickey W. George POTENTIARY OF THE UNITED STATES OF AMERICA TO To be commander Larry E. Smith Steven E. Vanderplas THE PRINCIPALITY OF LIECHTENSTEIN. Mark A. Frost Steven J. Boyle ROBERT R. ALBRIGHT II LUCRETIA A. FLAMMANG Mitchell R. Forrester Dennis A. Hoffman FEDERAL ELECTION COMMISSION To be lieutenant commander Patrick J. Nemeth Jeffrey N. Garden Curtis A. Stock JOHN WARREN MCGARRY, OF MASSACHUSETTS, TO BE Kevin G. Quigley JAMES R. DIRE Christopher K. Lockwood A MEMBER OF THE FEDERAL ELECTION COMMISSION Ronald D. Hassler Barry L. Dragon Kenneth D. Forslund FOR A TERM EXPIRING APRIL 30, 2001. (REAPPOINTMENT) THE FOLLOWING OFFICERS OF THE U.S. COAST GUARD Michael D. Brand Dennis M. Sens RESERVE FOR PROMOTION TO THE GRADE INDICATED: DEPARTMENT OF EDUCATION Bruce E. Grinnell Alvin M. Coyle To be captain Brian K. Swanson Melissa A. Wall DONALD RAPPAPORT, OF THE DISTRICT OF COLUMBIA, Robert J. Malkowski Curtis A. Springer TO BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF FRANCIS C. BUCKLEY Brian J. Goettler Christian Broxterman EDUCATION, VICE DONALD RICHARD WURTZ, RESIGNED. To be commander Charles W. Ray ELMO L. ALEXANDER II EUROPEAN BANK FOR RECONSTRUCTION AND THE FOLLOWING REGULAR OFFICERS OF THE U.S. SHARON K. RICHEY ALLEN K. HARKER DEVELOPMENT COAST GUARD FOR PROMOTION TO THE GRADE OF LIEU- KAREN SHEPHERD, OF UTAH, TO BE U.S. DIRECTOR OF PURSUANT TO THE PROVISIONS OF 14 U.S.C. 729, THE TENANT COMMANDER: THE EUROPEAN BANK FOR RECONSTRUCTION AND DE- FOLLOWING NAMED COMMANDERS OF THE COAST BRIAN C. CONROY THOMAS J. CURLEY III VELOPMENT, VICE LEE F. JACKSON, TO WHICH POSITION GUARD RESERVE TO BE PERMANENT COMMISSIONED OF- ARLYN R. MADSEN, JR. JEROME R. CROOKS, JR. SHE WAS APPOINTED DURING THE LAST RECESS OF THE FICERS IN THE COAST GUARD RESERVE IN THE GRADE KEITH F. CHRISTENSEN CHARLES A. HOWARD SENATE. OF CAPTAIN: TIMOTHY J. CUSTER MARK A. HERNANDEZ RONALD G. DODD MICHAEL E. THOMPSON SCOTT A. KITCHEN ROBERT E. ASHTON NATIONAL FOUNDATION ON THE ARTS AND THE JOHN M. RICHMOND JACK W. NIEMIEC ABRAHAM L. BOUGHNER HUMANITIES RHONDA F. GADSDEN GLENN F. GRAHL, JR. THE FOLLOWING REGULAR OFFICERS OF THE U.S. GLEN B. FREEMAN ANNE L. BURKHARDT ARTHUR I. BLAUSTEIN, OF CALIFORNIA, TO BE A MEM- COAST GUARD FOR PROMOTION TO THE GRADE OF CAP- ROBERT C. LAFEAN THOMAS M. MIELE BER OF THE NATIONAL COUNCIL ON THE HUMANITIES TAIN:

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ANTHONY T. FURST JOHN R. LUSSIER BRIG. GEN. DAVID R. LOVE, 0000 IN THE MARINE CORPS DUANE R. SMITH MELVIN W. BOUBOULIS BRIG. GEN. EARL W. MABRY II, 0000 KEVIN K. KLECKNER MELISSA BERT BRIG. GEN. RICHARD C. MARR, 0000 THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN JAMES A. MAYORS ANITA K. ABBOTT BRIG. GEN. WILLIAM F. MOORE, 0000 THE U.S. MARINE CORPS TO THE GRADE INDICATED WYMAN W. BRIGGS VERNE B. GIFFORD BRIG. GEN. THOMAS H. NEARY, 0000 UNDER TITLE 10, UNITED STATES CODE, SECTION 624: GWYN R. JOHNSON SCOTT N. DECKER BRIG. GEN. SUSAN L. PAMERLEAU, 0000 GEOFFREY L. ROWE PETER W. GAUTIER BRIG. GEN. ANDREW J. PELAK, JR., 0000 To be major general JOHN M. SHOUEY MATTHEW T. RUCKERT BRIG. GEN. GERALD F. PERRYMAN, JR., 0000 BRIG. GEN. JOSEPH T. ANDERSON, 0000 EDWARD R. WATKINS CHRISTOPHER M. SMITH BRIG. GEN. ROGER R. RADCLIFF, 0000 BRIG. GEN. RAYMOND P. AYRES, JR., 0000 WILLIAM S. STRONG ANTHONY J. VOGT BRIG. GEN. RICHARD H. ROELLIG, 0000 BRIG. GEN. EMIL R. BEDARD, 0000 RICHARD C. JOHNSON JAMES A. CULLINAN BRIG. GEN. LANSFORD E. TRAPP, JR., 0000 BRIG. GEN. CHARLES F. BOLDEN, JR., 0000 JAMES O. FITTON DONALD R. SCOPEL BRIG. GEN. THOMAS C. WASKOW, 0000 BRIG. GEN. EARL B. HAILSTON, 0000 TERRY D. CONVERSE GWEN L. KEENAN BRIG. GEN. CHARLES J. WAX, 0000 BRIG. GEN. BRUCE B. KNUTSON, JR., 0000 MARK C. RILEY RICHARD J. RAKSNIS BRIG. GEN. JOHN L. WOODWARD, JR., 0000 BRIG. GEN. GARY S. MC KISSOCK, 0000 ERIC A. GUSTAFSON MARC A. GRAY BRIG. GEN. MICHAEL K. WYRICK, 0000 BRIG. GEN. WILLIAM L. NYLAND, 0000 CHRISTOPHER E. AUSTIN GRAHAM S. STOWE BRIG. GEN. RONALD G. RICHARD, 0000 RICHARD R. JACKSON, JR. CHRISTOPHER P. CALHOUN THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN PETE V. ORTIZ, JR. KYLE G. ANDERSON THE REGULAR AIR FORCE OF THE UNITED STATES TO IN THE AIR FORCE PAUL D. LANGE JONATHAN P. MILKEY THE GRADE INDICATED UNDER TITLE 10, UNITED STATES THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE RONALD J. MAGOON MATTHEW J. SZIGETY CODE, SECTION 624: DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED CHRIS J. THORNTON RUSSEL C. LABODA To be brigadier general IN THE U.S. AIR FORCE IN ACCORDANCE WITH SECTIONS DOUGLAS W. ANDERSON ANDEW P. KIMOS 618, 624, AND 628 TITLE 10, UNITED STATES CODE: NATHALIE DREYFUS JOHN T. DAVIS COL. GARY A. AMBROSE, 0000 KURT A. CLASON ANTHONY R. GENTILELLA COL. FRANK J. ANDERSON, JR., 0000 LINE OF THE AIR FORCE GREGORY W. MARTIN JOHN G. TURNER COL. THOMAS L. BAPTISTE, 0000 To be major NONA M. SMITH RAMONCITO R. MARIANO COL. BARRY W. BARKSDALE, 0000 WILLIAM H. RYPKA LEIGH A. ARCHBOLD COL. LEROY BARNIDGE, JR., 0000 SAMUEL R. BAKALIAN, JR., 0000 GERALD F. SHATINSKY DANA G. DOHERTY COL. RANDALL K. BIGUM, 0000 KEITH P. FEAGA, 0000 STEVEN M. HADLEY PAUL E. FRANKLIN COL. RICHARD B. BUNDY, 0000 BRAD L. SABO, 0000 JOHN F. EATON, JR. STEVEN A. SEIBERLING COL. SHARLA J. COOK, 0000 PETER L. VAN VLECK, 0000 DAVID H. DOLLOFF SCOTTIE R. WOMACK COL. TOMMY F. CRAWFORD, 0000 JAMES M. WALSH, 0000 STEPHEN E. MAXWELL RONALD H. NELSON COL. CHARLES E. CROOM, JR., 0000 JAMES E. WALTRIP, 0000 DAVID W. LUNT HENRY M. HUDSON, JR. COL. RICHARD W. DAVIS, 0000 WILLIAM J. MILNE FRANK D. GARDNER COL. ROBERT R. DIERKER, 0000 MEDICAL CORPS GREGORY W. BLANDFORD RALPH MALCOLM, JR. COL. JERRY M. DRENNEN, 0000 To be lieutenant colonel DOUGLAS C. LOWE DONALD N. MYERS COL. CAROL C. ELLIOT, 0000 EDDIE JACKSON III RICHARD A. PAGLIALONGA COL. PAUL W. ESSEX, 0000 CARL G. SIMPSON, 0000 MATTHEW T. BELL, JR. JAMES E. HAWTHORNE, JR. COL. MICHAEL N. FARAGE, 0000 MARC D. STEGMAN JAY A. ALLEN COL. RANDALL C. GELWIX, 0000 To be major WILLIAM G. HISHON GORDON A. LOEBL COL. JAMES A. HAWKINS, 0000 MARTIN L. ABBINANTI, 0000 LARRY A. RAMIREZ GARY T. CROOT COL. GARY W. HECKMAN, 0000 THOMAS S. HOFFMAN, 0000 BENJAMIN A. EVANS SAMUEL L. HART COL. HIRAM L. JONES, 0000 JEROME J. SCHULTE, 0000 TRACY L. SLACK WEBSTER D. BALDING COL. JOSEPH E. KELLEY, 0000 MARIO A. SILVA, 0000 THOMAS C. HASTING, JR. CHRISTOPHER N. HOGAN COL. CHRISTOPHER A. KELLY, 0000 WILLIAM H. OLIVER II THOMAS D. COMBS III COL. JEFFREY B. KOHLER, 0000 THE FOLLOWING-NAMED OFFICER FOR REGULAR AP- TALMADGE SEAMAN BEVERLY A. HAVLIK COL. EDWARD L. LA FOUNTAINE, 0000 POINTMENT IN ACCORDANCE WITH SECTION 531, TITLE 10, MARK E. MATTA THOMAS H. FARRIS, JR. COL. WILLIAM J. LAKE, 0000 UNITED STATES CODE: JANIS E. NAGY TIMOTHY E. KARGES COL. DAN L. LOCKER, 0000 LINE OF THE AIR FORCE Salvatore G. Palmeri, DAVID SELF COL. TEDDIE M. MC FARLAND, 0000 Jr. JOHN D. GALLAGHER COL. MICHAEL C. MC MAHAN, 0000 To be captain Mark D. Rizzo ROBERT G. GARROTT COL. DUNCAN J. MC NABB, 0000 Spencer L. Wood GREGORY W. JOHNSON COL. RICHARD A. MENTEMEYER, 0000 JERRY A. WEIHE, 0000 Ricardo Rodriguez SCOTT A. MEMMOTT COL. JAMES W. MOREHOUSE, 0000 IN THE ARMY Randall A. Perkins III GREGORY P. HITCHEN COL. PAUL D. NIELSEN, 0000 Timothy B. O’Neal RICHARD W. SANDERS COL. THOMAS A. ORIORDAN, 0000 THE FOLLOWING-NAMED OFFICERS ON THE ACTIVE Robert P. Monarch JASON B. JOHNSON COL. BENTLEY B. RAYBURN, 0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED EDWARD J. HANSEN, JR. RAYMOND W. PULVER COL. REGNER C. RIDER, 0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTION 624 DONALD J. MARINELLO STUART M. MERRILL COL. GARY L. SALISBURY, 0000 AND 628, TITLE 10, UNITED STATES CODE: CHARLES A. MILHOLLIN JOSEPH E. VORBACH COL. KLAUS O. SCHAFER, 0000 DENNIS D. DICKSON KEVIN E. LUNDAY COL. CHARLES N. SIMPSON, 0000 To be major TIMOTHY N. SCOGGINS BRIAN R. BEZIO COL. ANDREW W. SMOAK, 0000 MEDICAL CORPS GENE W. ADGATE CHRISTINE L. MAC MILLIAN COL. JOHN M. SPEIGEL, 0000 BARRY J. WEST JOANNA M. NUNAN COL. RANDALL F. STARBUCK, 0000 ROBERT J. METZ, 0000 JEFFREY W. JESSEE JOSEPH SEGALLA COL. SCOTT P. VAN CLEEF, 0000 GEORGINA L. MURRAY, 0000 GEORGE A. ELDREDGE JOHN J. PLUNKETT COL. GLENN C. WALTMAN, 0000 MICHAEL R. NELSON, 0000 SCOTT E. DOUGLASS Christopher M. COL. CRAIG P. WESTON, 0000 MEDICAL SERVICE CORPS JOHN K. LITTLE Rodriguez COL. MICHAEL P. WIEDEMER, 0000 SAMUEL WALKER VII Patrick P. O’Shaughnessy COL. MICHAEL W. WOOLEY, 0000 To be major ROBERT R. DUBOIS Anthony Popiel COL. BRUCE A. WRIGHT, 0000 ROBERT J. HENNESSY Matthew L. Murtha DANIEL V. CHAPA, JR., 0000 THOMAS E. CRABBS James M. Cash IN THE ARMY VETERINARY CORPS STEVEN D. STILLEKE Dwight T. Mathers JOHN S. KENYON Pauline F. Cook THE FOLLOWING-NAMED ARMY COMPETITIVE CAT- To be major DOUGLAS J. CONDE Robert J. Tarantino EGORY OFFICER FOR PROMOTION IN THE REGULAR WILLIAM R. CLARK John E. Harding ARMY OF THE UNITED STATES TO THE GRADE OF MAJOR KATHLEEN W. CARR, 0000 DONNA A. KUEBLER Craig S. Swirbliss GENERAL UNDER THE PROVISIONS OF TITLE 10, UNITED THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE TIMOTHY A. FRAZIER John J. Arenstam STATES CODE, SECTIONS 611(A) AND 624(C): DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED ROCKY S. LEE John M. Fitzgerald To be major general IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 OF RANDY C. TALLEY Kirk D. Johnson TITLE 10, UNITED STATES CODE: ROBERT M. CAMILLUCCI David R. Bird BRIG. GEN. LARRY G. SMITH, 0000 CHRISTOPHER B. ADAIR William B. Brewer JUDGE ADVOCATE GENERAL’S CORPS ERIC C. JONES WILLIAM G. KELLY THE FOLLOWING U.S. ARMY RESERVE OFFICERS FOR To be colonel PROMOTION IN THE RESERVE OF THE ARMY TO THE I NOMINATE THE FOLLOWING RESERVE OFFICERS OF GRADES INDICATED UNDER TITLE 10 UNITED STATES OWEN, H. BLACK, 0000 THE U.S. COAST GUARD FOR PROMOTION TO THE GRADE CODE, 14101, 14315, AND 12203(A): SCOTT C. BLACK, 0000 OF LIEUTENANT COMMANDER: DONALD H. DUBIA, 0000 MONICA L. LOMBARDI MICHAEL E. TOUSLEY To be major general VICTOR L. HORTON, 0000 LATICIA J. ARGENTI THOMAS F. LENNON CALVIN L. LEWIS, 0000 BRIG. GEN. WILLIAM F. ALLEN, 0000 SLOAN A. TYLER DONALD A. LA CHANCE II ROBERT MC FETRIDGE, 0000 BRIG. GEN. CRAIG BAMBROUGH, 0000 KAREN E. LLOYD SARAH P. MERCK, 0000 BRIG. GEN. PETER A. GANNON, 0000 KENT R. MEYER, 0000 IN THE AIR FORCE BRIG. GEN. FRANCIS R. JORDAN, JR., 0000 ROBERT L. MINOR, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT To be brigadier general PATRICK J. PARRISH, 0000 TO THE GRADE OF GENERAL IN THE U.S. AIR FORCE JAMES D. SCHMIDLI, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COL. HERBERT L. ALTSHULER, 0000 ROBERT L. SWANN, 0000 RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, COL. MICHAEL W. BEASLEY, 0000 DENISE K. VOWELL, 0000 SECTION 601: COL. JAMES P. COLLINS, 0000 KARL K. WARNER, 0000 COL. JAMES W. COMSTOCK, 0000 RONALD W. WHITE, 0000 To be general COL. WILLIAM S. CRUPE, 0000 DALE N. WOODLING, 0000 LT. GEN. LLOYD W. NEWTON, 0000 COL. ALAN V. DAVIS, 0000 COL. JOHN F. DEPUE, 0000 THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE THE FOLLOWING NAMED OFFICERS FOR PROMOTION IN COL. BERTIE S. BUEITT, 0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED THE REGULAR AIR FORCE OF THE UNITED STATES TO COL. CALVIN D. JAEGER, 0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 THE GRADE INDICATED UNDER TITLE 10, UNITED STATES COL. JOHN S. KASPER, 0000 AND 628, TITLE 10, UNITED STATES CODE: CODE, SECTION 624: COL. RICHARD M. O’MEARA, 0000 ARMY COMPETITIVE To be major general COL. JAMES C. PRICE, 0000 COL. RICHARD O. WIGHTMAN, JR., 0000 To be major BRIG. GEN. MAXWELL C. BAILEY, 0000 THE FOLLOWING-NAMED ARMY COMPETITIVE CAT- RANDEL D. MATNEY, 0000 BRIG. GEN. WILLIAM J. DENDINGER, 0000 EGORY OFFICER FOR PROMOTION IN THE REGULAR BRIG. GEN. DENNIS G. HAINES, 0000 THE FOLLOWING-NAMED OFFICERS ON THE ACTIVE ARMY OF THE UNITED STATES TO THE GRADE OF BRIGA- BRIG. GEN. CHARLES R. HENDERSON, 0000 DUTY LIST, FOR PROMOTION TO THE GRADES INDICATED DIER GENERAL UNDER THE PROVISIONS OF TITLE 10, BRIG. GEN. CHARLES R. HOLLAND, 0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 UNITED STATES CODE, SECTIONS 611(A) AND 624(C): BRIG. GEN. SILAS R. JOHNSON, JR., 0000 AND 628, TITLE 10, UNITED STATES CODE. THE OFFICERS BRIG. GEN. THOMAS J. KECK, 0000 To be brigadier general MARKED BY AN ASTERISK (*) ARE ALSO NOMINATED FOR BRIG. GEN. RODNEY P. KELLY, 0000 REGULAR APPOINTMENT IN ACCORDANCE WITH SECTION BRIG. GEN. RONALD E. KEYS, 0000 COL. MITCHELL M. ZAIS, 0000 531 OF TITLE 10, UNITED STATES CODE:

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MEDICAL CORPS EVERETT MAYNARD, JR., 0000 STEVENS K. SHEGRUD, 0000 HOWARD O. MC GILLIN, 0000 To be colonel RICHARD B. O’KEEFFE, 0000 To be commander FRANCES E. OLMSTED, 0000 VITO M. MENZELLA, 0000 * RONALD P. TURNICKY, 0000 TIMOTHY PENDOLINO, 0000 ARMY COMPETITIVE EDITH M. ROB, 0000 MEDICAL SERVICE CORPS MARK P. SPOSATO, 0000 To be commander To be lieutenant colonel DONNA L. WILKINS, 0000 JOHN A. D’ALESSANDRO, 0000 ROBERT E. KEMPFE, 0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE JARVIS NEWSOME, 0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE IN THE U.S. ARMY IN ACCORDANCE WITH SECTION 624 OF DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED JUDGE ADVOCATE GENERAL S CORPS ’ TITLE 10, UNITED STATES CODE. THE OFFICERS MARKED IN THE U.S. NAVY IN ACCORDANCE WITH SECTION 624 OF To be lieutenant colonel BY AN ASTERISK (*) ARE ALSO NOMINATED FOR REG- TITLE 10, UNITED STATES CODE: ULAR APPOINTMENT IN ACCORDANCE WITH SECTION 531 LINDA S. BURGAN, 0000 OF TITLE 10, UNITED STATES CODE: MEDICAL CORPS STEPHEN D. HARVEY, 0000 CHAPLAIN CORPS To be commander MEDICAL CORPS To be major TIMOTHY F. ARCHER 0000 To be lieutenant colonel DAVID B. MORGAN 0000 *WILLIAM M. AUSTIN, 0000 * MATTHEW W. RAYMOND, 0000 *SHERMAN W. BAKER, 0000 MEDICAL SERVICE CORPS *WILLIAM T. BARBEE, 0000 To be commander THE FOLLOWING-NAMED OFFICERS ON THE ACTIVE *ORMAN W. BOYD, 0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED *KAREN D. BRANDON, 0000 PATRICK J. KELLY 0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624A *BRENT V. CAUSEY, 0000 MEDICAL CORPS AND 628, TITLE 10, UNITED STATES CODE: *PHILLIP C. CONNER, 0000 ARMY COMPETITIVE *STEPHEN P. DEMIEN, 0000 To be lieutenant commander *THOMAS G. EVANS, 0000 To be lieutenant colonel *PETER J. FREDERICH, 0000 KENNETH M. LANKIN 0000 *WILBERT C. HARRISON, 0000 DENTAL CORPS JOHN E. RUETH, 0000 *STEVEN L. JORDAN, 0000 DOUGLAS R. YATES, 0000 *SCOTT H. KAMINSKY, 0000 To be lieutenant commander THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT *PAUL R. KERR, 0000 *YOUN H. KIM, 0000 KIMBROUGH M. HORNSBY 0000 TO THE GRADE INDICATED IN THE U.S. ARMY UNDER MELANIE J. LARSON 0000 TITLE 10, UNITED STATES CODE, SECTIONS 624 AND 628: *DENNIS S. KRUMLAUF, 0000 *WILLIAM H. LIPTROT, 0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE To be colonel *MARTIN E. MATTHIS, 0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED *ROBERT J. MEYER, 0000 IN THE U.S. NAVY IN ACCORDANCE WITH SECTION 624 OF PHILLIP J. TODD, 0000 *GLENN R. MOSTELLER, 0000 TITLE 10, UNITED STATES CODE: *DAVID A. NEETZ, 0000 THE FOLLOWING-NAMED OFFICERS ON THE ACTIVE UNRESTRICTED LINE DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED *MARSHALL PETERSON, 0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 *JIM L. PITTMAN, 0000 To be commander AND 628, TITLE 10, UNITED STATES CODE. *PAUL A. RODGERS, 0000 *STEPHEN M. RUSS, 0000 DONALD L. BEEM 0000 JUDGE ADVOCATE GENERAL’S CORPS *DAVID H. SCHARFF, 0000 UNRESTRICTED LINE *PEARLEAN SCOTT, 0000 To be lieutenant colonel *WILLIAM D. SMITH, 0000 To be lieutenant commander EMMANUEL M. CHIAPARAS, 0000 *ALLEN M. STAHL, 0000 *KENNETH W. STICE, 0000 JAMES E. REED 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT MEDICAL CORPS TO THE GRADES INDICATED IN THE U.S. ARMY AND FOR IN THE MARINE CORPS REGULAR APPOINTMENT (IDENTIFIED BY AN ASTER- THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE- To be lieutenant colonel ISK(*)) UNDER TITLE 10, UNITED STATES CODE, SECTIONS DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED 624, 628, AND 531: PETER A. KHAMVONGSA 0000 IN THE U.S. MARINE CORPS IN ACCORDANCE WITH SEC- NELSON A. NIEVES 0000 To be lieutenant colonel TION 624 OF TITLE 10, UNITED STATES CODE: MEDICAL SERVICE CORPS To be lieutenant colonel *BENJE H. BOEDEKER, 0000 To be lieutenant colonel *BEVERLY I. MALINER, 0000 JAMES W. BROWN, 0000 EDGARDO PEREZ–LUGO 0000 To be major THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE- IN THE ARMY BRUCE F. BROWN, 0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED IN THE U.S. MARINE CORPS IN ACCORDANCE WITH SEC- THADDEUS J. KROLICKI, 0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE TION 624 OF TITLE 10, UNITED STATES CODE: MARTHA K. LENHART, 0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED IN THE U.S. ARMY IN ACCORDANCE WITH SECTION 624 OF THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT To be colonel TITLE 10, UNITED STATES CODE. THE OFFICER MARKED TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR CHRIS J. GUNTHER, 0000 BY AN ASTERISK (*) IS ALSO NOMINATED FOR REGULAR REGULAR APPOINTMENT (IDENTIFIED BY AN ASTER- APPOINTMENT IN ACCORDANCE WITH SECTION 531 OF ISK(*)) UNDER TITLE 10, UNITED STATES CODE, SECTIONS THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE- TITLE 10, UNITED STATES CODE. 624 AND 531: DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED IN THE U.S. MARINE CORPS IN ACCORDANCE WITH SEC- MEDICAL SERVICE CORPS To be major TION 624 OF TITLE 10, UNITED STATES CODE: To be colonel *RUPERT H. PEETE, 0000 To be major RICHARD H. AGOSTA, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT DOUGLAS S. KURTH, 0000 PRISCILLA M. ALSTON, 0000 TO THE GRADES INDICATED IN THE U.S. ARMY AND FOR MICHAEL D. BERNDT, 0000 REGULAR APPOINTMENT (IDENTIFIED BY AN THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT LEE W. BRIGGS, 0000 ASTERICK(*)) UNDER TITLE 10, UNITED STATES CODE, TO THE GRADE INDICATED IN THE U.S. MARINE CORPS JOHN H. BROWN, 0000 SECTIONS 624 AND 531: UNDER TITLE 10, UNITED STATES CODE, SECTIONS 624 BRUCE W. BURNEY, 0000 AND 628: To be lieutenant colonel DAVID C. BURNS, 0000 To be lieutenant colonel CLYDE D. BYRNE, 0000 0000X, 0001 LYLE W. CARLSON, 0000 VIRGINIA P. PRUGH, 0000 RANDALL N. MILLER, 0000 LARRY J. CLARK, 0000 MICHAEL B. SAGASER, 0000 EDWARD O. CRANDELL, 0000 To be major GARY W. SCHENKEL, 0000 MELINDA E. DEFFER, 0000 *SCOTT A. SVABEK, 0000 ROBERT R. ENG, 0000 IN THE NAVY RONALD D. FANCHER, 0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE JACK C. FARRIS, 0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED ROGER W. FOXHALL, 0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTION 624 OF IN THE U.S. NAVY IN ACCORDANCE WITH SECTION 624 OF JEFFREY A. GERE, 0000 TITLE 10, UNITED STATES CODE: TITLE 10, UNITED STATES CONGRESS: HARRY R. GOOD, 0000 JOSEPH M. HARMON, 0000 JUDGE ADVOCATE GENERAL’S CORPS SUPPLY CORPS MONTIE S. JOHNSON, 0000 To be lieutenant colonel TERRY A. KLEIN, 0000 To be captain MORRIS R. LATTIMORE, 0000 MARK S. ACKERMAN, 0000 BRUCE G. LALONDE, 0000 DAVID B. MC CRADY, 0000 RICHARD J. ANDERSON, 0000 ROBERT J. MYERS, 0000 ROBERT J. BARHAM, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT VIRGIL J. PATTERSON, 0000 WILLIAM T. BARTO, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE DAVID M. PENETAR, 0000 GARY J. BROCKINGTON, 0000 NAVY UNDER 12203 OF TITLE 10, UNITED STATES CON- RANDY PERRY, 0000 JEFFREY L. CADDELL, 0000 GRESS: KOTU K. PHULL, 0000 JANET W. CHARVAT, 0000 TERRY M. RAUCH, 0000 MARK CREMIN, 0000 To be captain DANIEL D. REMUND, 0000 ALLEN R. GOSHI, 0000 GARY D. BUMGARNER, 0000 RENE J. ROBICHAUX, 0000 ANNE EHRSAMHOLLAND, 0000 WALTER E. MARDIK, 0000 JAMES A. ROMANO, 0000 MICHAEL J. FUCCI, 0000 REYNALDO RESENDEZ, 0000 HARVEY G. SOEFER, 0000 JILL M. GRANT, 0000 PHILLIP W. SWINNEY, 0000 MARK E. HENDERSON, 0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE BRUCE F. SYLVIA, 0000 STEPHEN R. HENLEY, 0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED ALAN K. THOMPSON, 0000 ANDY K. HUGHES, 0000 IN THE U.S. NAVY IN ACCORDANCE WITH SECTION 624 OF RANDAL L. TREIBER, 0000 MUSETTA T. JOHNSON, 0000 TITLE 10, UNITED STATES CONGRESS: DAVID W. WILLIAMS, 0000 KAREN L. JUDKINS, 0000 JOHN KASTENBAUER, 0000 UNRESTRICTED LINE ARMY MEDICAL SPECIALIST CORPS LAUREN B. LEEKER, 0000 To be captain To be colonel JAMES K. LOVEJOY, 0000 REYNOLD MASTERTON, 0000 THOMAS J. CAMPBELL, 0000 ANN P. AMOROSO, 0000

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MARGARE APPLEWHITE, 0000 JEFFREY B. GRIGGS, 0000 KARL R. TENNEY, 0000 GAIL D. DEYLE, 0000 JEFFREY L. HAMMER, 0000 JEFFREY S. TIPPIE, 0000 REBECCA S. STOREY, 0000 SCOTT V. HANNA, 0000 ERIC D. WEBSTER, 0000 JON J. HANSON, 0000 CHRIS F. WHITE, 0000 VETERINARY CORPS LINDA M. HASCHART, 0000 To be ensign To be colonel RICHARD W. HAUPT, 0000 THOMAS H. HAWLEY, 0000 MICHAEL S. ANSLEY, 0000 CHARLES KELSEY, JR., 0000 ERIC J. HEITMAN, 0000 JEFFREY M. BIERLEY, 0000 GEORGE E. MOORE, 0000 GERALD R. HERMANN, 0000 DWIGHT A. BLAHA, 0000 ROBERT R. SMITH, 0000 KIM D. HILL, 0000 MANUEL BRITO, 0000 DEWAYNE G. TAYLOR, 0000 MICHAEL J. HOLDER, 0000 ROBERT B. BRYANT, 0000 PETER S. JONES, 0000 MICHAEL W. BYERS, 0000 NURSE CORPS THOMAS P. JUHL, 0000 DANIEL B. CALDWELL, 0000 To be colonel MATTHEW S. JUTTE, 0000 JOHN M. CAPUANO, 0000 TRACI A. KEEGAN, 0000 ADAM R. CAUDILL, 0000 SANDRA L. BRUNKEN, 0000 ANDREW L. KESSLER, 0000 TODMUND E. COLE, 0000 ANDREA B. CALDWELL, 0000 GREGORY S. KIRKWOOD, 0000 CHRISTOPHER R. COX, 0000 ANNIE M. CAYLOR, 0000 GREGORY A. KISER, 0000 MARVIN W. CUNNINGHAM, 0000 LOIS J. DICKINSON, 0000 RICHARD D. LEONARD, 0000 STEVEN M. DUPONT, 0000 JOAN P. EITZEN, 0000 REGINALD D. LEUTHEN, 0000 JAMES A. DUTTON, 0000 LENORE S. ENZEL, 0000 JONATHAN A. LEWIS, 0000 DANIEL W. ETTLICH, 0000 SUZANNE S. EVANS, 0000 ROGER J. LUCAS, 0000 KEVIN L. ETZKORN, 0000 LARK A. FORD, 0000 MICHAEL C. MABEE, 0000 JAMES R. FELTS, 0000 MELISSA A. FORSYTHE, 0000 MARK M. MARTY, 0000 JAMES R. FINK, 0000 ANN E. HALLIDAY, 0000 CHAD A. MC CAIN, 2753 KYLE P. FREEMAN, 0000 ROY A. HARRIS, 0000 PETER P. MC DONOUGH, JR., 0000 DAVID C. GARCIA, 0000 DANIEL J. JERGENS, 0000 MICHAEL G. MC FERREN, 0000 ROBERT C. GETTY, 0000 CATHY J. JOHNSON, 0000 WALTER L. MEARES, 0000 NOEL D. GONZALEZ, 0000 *SUSAN A. KAPLAN, 0000 ERNST MENGELBERG, 0000 PETER F. HECK, 0000 CHERY KILIANHOFFER, 0000 ERIC B. MICHAELSON, 0000 RYAN J. HEILMAN, 0000 EILEEN B. MALONE, 0000 JEROME T. MORICK 0000 CHAD F. HENNINGS, 0000 MARYANN MONTEITH, 0000 LAURA J. MOTLEY, 0000 TRENTON D. HESSLINK, 0000 CAROL J. PIERCE, 0000 JOEL M. MULLEN, 0000 DOUGLAS M. JARRARD, 0000 CATHERINE K. ROCCO, 0000 ARJAY J. NELSON, 0000 LEE R., JOHNSON, JR., 0000 KATHLEEN L. SIMPSON, 0000 CHRISTOPHER M. NERNEY, 0000 CHRISTOPHER K. KETE, 0000 CHRISTIE A. SMITH, 0000 JOHN R. NOLTING, 0000 TODD M. KNAPP, 0000 REID M. STEVENSON, 0000 WILLIAM W. OLMSTEAD, 0000 JACK R. MASIH, 0000 MICHAEL V. WALSH, 0000 SUSAN E. PAPP, 0000 ANDREW T. MILLER, 0000 OSCAR J. PATINO, 0000 MICHAEL R. MORELAND, 0000 IN THE NAVY WANDA G. POMPEY, 0000 CONSTANTIN C. MOWRY, 0000 THE FOLLOWING-NAMED SUPPLY CORPS OFFICERS, TO MARY P. POWERS, 0000 KEVIN S. MOYER, 0000 BE REAPPOINTED IN THE LINE OF THE U.S. NAVY IN AC- JASON R. PRICKETT, 0000 MICHAEL P. MULCARE, 0000 CORDANCE WITH SECTIONS 531 AND 5582(A) OF TITLE 10, TODD W. RADER, 0000 ANDREW G. PETERSON, 0000 UNITED STATES CODE. RUSS C. RAINES, 0000 TODD M. PICHE, 0000 JOHN H. RAMSEY, 0000 DAVID A. PRATHER, 0000 LINE JOSEPH W. REEVES, 0000 TIMOTHY M. RAGLIN, 0000 ANNE M. ROPER, 0000 JON M. RICCITELLO, 0000 To be lieutenant commander ROBERT L. RUBINO, JR., 0000 BARRY F. RODRIGUES, 0000 MARCIAL B. DUMLAO, 0000 EDWARD F. SCHMITT, 0000 STEVEN E. RUMPH, 0000 KEITH L. SELBY, 0000 ROBERT D. SANDERS, 0000 To be lieutenant THOMAS J. SIU, 0000 JOHN M. SANDIDGE, 0000 JEFFREY E. SMITH, 0000 JASON E. SMALL, 0000 GREGORY D. GJURICH, 0000 JOSEPH M. SNOWBERGER, 0000 MICHAEL R. SOWA, 0000 STEVEN B. HEMMRICH, 0000 SHELBY STRATTON, 0000 KEVIN J. SUH, 0000 EDWARD S. HUNTER, 0000 JOHN C. SWEDBERG, 0000 CHUONG N. THAI, 0000 MATTHEW K. LINCE, 0000 JOHN N. TURNIPSEED, 0000 ANDREW W. VELO, 0000 JUDITH E. MANFULL, 0000 PETER J. WALLIS, 0000 ANTHONY D. VENA, 0000 RODNEY O. MATTHEWS, 0000 KENNETH L. WEEKS III, 0000 STEVEN R. VONHEEDER, 0000 BRUCE J. WEIDNER, 0000 DONALD L. WILBURN, JR., 0000 WAYNE C. WALL, 0000 SCOTT E. WHITMORE, 0000 PAUL J. WILSON, 0000 MARK C. WEBSTER, 0000 To be lieutenant (junior grade) DARSHAN M. WOODS, 0000 BRYAN D. WHITCOMB, 0000 GREGORY A. YANOK, 0000 MICHAEL L. WOODS, 0000 CHRIS D. AGAR, 0000 To be lieutenant (junior grade) THE FOLLOWING NAMED U.S. NAVAL RESERVE OFFI- MICHAEL G. EARL, 0000 CERS, TO BE APPOINTED IN THE MEDICAL CORPS OF THE Ensign COLLEEN M. BARIBEAU, 0000 U.S. NAVY IN ACCORDANCE WITH SECTION 531 OF TITLE CHRISTOPHER J. BASHAM, 0000 10, UNITED STATES CODE. SHELLEY ANDERSON, 0000 RODNEY T. BEHREND, 0000 MEDICAL CORPS MARK E. NIETO, 0000 TANIA M. BISHOP, 0000 LISA C. BRAUN, 0000 To be captain THE FOLLOWING-NAMED CIVIL ENGINEER CORPS OFFI- PAUL G. BROTZE, 0000 CER, TO BE REAPPOINTED IN THE LINE OF THE U. S. STEVE K. BRUNO, 0000 WILLIAM A. LISTON, 0000 NAVY IN ACCORDANCE WITH SECTIONS 531 AND 5582(A) OF ANTHONY T. BUTERA, 0000 To be commander TITLE 10, UNITED STATES CODE. ROSETTA BUTLER, 0000 To be lieutenant (junior grade) SANDRA Y. CONNER, 0000 FRANK A. CHAPMAN, 0000 LAUREL P. FALLS, 0000 DAVID W. FERGUSON, 0000 ERIC C. CAHILL, 0000 STEPHEN T. FAUST, 0000 WARREN P. KLAM, 0000 RAY A. FRANKLIN II, 0000 ALAN R. ROWLEY, 0000 THE FOLLOWING-NAMED MEDICAL SERVICE CORPS OF- MICHAEL G. FRANTZ, 0000 To be lieutenant commander FICERS, TO BE REAPPOINTED IN THE LINE OF THE U.S. ERIC H. FRITZ, 0000 NAVY IN ACCORDANCE WITH SECTIONS 531 AND 5582(A) OF GREGORY J. GAHLINGER, 0000 TIMOTHY P. COLLINS, 0000 TITLE 10, UNITED STATES CODE. MICHAEL L. GALES, 0000 ASHA S. V. DEVEREAUX, 0000 To be lieutenant NOAH J. GENGLER, 0000 MICHAEL E. HOFFER, 0000 GEOFFREY L. GERBER, 0000 RANDALL N. HYER, 0000 TRACIE L. CRAWSHAW, 0000 STEVEN J. HALL, 0000 DAVID M. LARSON, 0000 BRYANT W. KNOX, 0000 JASON R. HAMMONS, 0000 MICHAEL LEE, 0000 JOHN P. HIBBS, 0000 LYNN L. LEVENTIS, 0000 THE FOLLOWING-NAMED U. S. NAVAL RESERVE OFFI- EDGARD T. HIGGINS III, 0000 CRAIG T. MALLAK, 0000 CERS, TO BE APPOINTED IN THE LINE OF THE U.S. NAVY JONATHAN L. JACKSON, 0000 MARTIN MC CAFFREY, 0000 IN ACCORDANCE WITH SECTIONS 531 OF TITLE 10, UNITED DONALD R. JONES, JR., 0000 TERENCE M. MC GEE, 0000 STATES CODE. COREY J. KENISTON, 0000 GEORGE J. MC KENNA, 000 To be lieutenant MICHAEL J. KOEN, 0000 PATRICK T. NOONAN, 0000 LUKE A. KOLBECK, 0000 WILLIAM B. POSS, 0000 NADIM ABUHAIDAR, 0000 JEFFREY J. KUGELE, 0000 ROBERT J. ROOKSTOOL, 0000 CLETE D. ANSELM, 0000 GEORGE M. LANDIS III, 0000 SCOTT SHAY, 0000 RICKY D. BALCOM, 0000 JONATHAN D. LIPPS, 0000 RICKY L. SNYDER, 0000 DAVID L. BECK, 0000 CHRISTOPHER B. LOUNDERMON, 0000 ANTOINE P. WASHINGTON, 0000 LAURA L. BELLOS, 0000 JAY J. MATTHEWS, 0000 RICHARD B. WOLF, 0000 WILLIAM L. BLACKER, 0000 RICHARD C. MC DANIEL, 0000 DANIEL J. ZINDER, 0000 BRADFORD J. BOGARD, 0000 PATRICK W. MC NALLY, 0000 DANIEL F. BOSCOLA, 0000 PATRICK E. MONDOR, 0000 To be lieutenant PATRICK C. CAREY, 0000 INGRID M. MUELLER, 0000 ANTHONY G. BATTAGLIA, 0000 TIMOTHY M. CLESEN, 0000 JAMES M. MUSE, 0000 SHIUYUEH L. BAXTER, 0000 JAMES CLUXTON, 0000 COLEY R. MYERS III, 0000 CHRISTOPHER E. DEVEREAUX, 0000 DAVID J. DEMERS, 0000 NEAL M. NOTTROTT, 0000 TIM B. HOPKINS, 0000 TRENT R. DEMOSS, 0000 CURTIS E. OELRICHS, 0000 MICHAEL A. ILLOVSKY, 0000 THAD J. DOBBERT, 0000 RONALD J. O’GRADY, 0000 LIONEL N. JACOB, 0000 KEVIN T. DOUPE, 0000 INGRID M. RADER, 0000 CHRISTOPHER J. JANKOSKY, 0000 ALAN R. DUNSTON, 0000 STEPHEN C. RANCOURT, 0000 KATHLEEN C. LEONE, 0000 JASON C. EHRET, 0000 PAUL C. RAWLEY, 0000 RICHARD D. QUATTRONE, 0000 JAMES M. ELLIS, 0000 DAVID R. ROSETTER, 0000 KIRBY J. SCOTT, 0000 JUAN M. ENTENZA, 0000 KORY L. SCHROEDER, 0000 WILLIAM A. SRAY, 0000 ROLANDO ESTRUGO, 0000 FRANK A. SCRIVENER III, 0000 JAMES J. FALCONE, 0000 SHANTI R. SETHI, 0000 THE FOLLOWING-NAMED LINE OFFICERS, TO BE RE- GERARD R. FEAGLES, 0000 BILL T. SHEETS, 0000 APPOINTED IN THE SUPPLY CORPS OF THE U.S. NAVY IN JAMES M. FILIPSKI, 0000 THEODORE J. STARINSHAK, 0000 ACCORDANCE WITH SECTIONS 531 AND 5582(B) OF TITLE 10, MERL W. FUCHS, 0000 KENNETH A. STRONG, 0000 UNITED STATES CODE.

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SUPPLY CORPS JUDGE ADVOCATE GENERAL’S CORPS PAUL R. CAUCHON, 0000 VALENTIN E.H. CONDE, 0000 To be lieutenant To be lieutenant JOHN E. HANNON IV, 0000 JAMES HERBST, 0000 LESLIE K. BURNETT, 0000 KEITH A. HOPSON, 0000 BRIAN E. HUTCHISON, 0000 JEFFREY A. FISCHER, 0000 MARK TUELL, 0000 TINA M. JANGEL, 0000 GEORGE M. FRUCHTERMAN, 0000 BARBARA S. KANNEWURF, 0000 To be lieutenant (junior grade) ELIZABETH K. FUGLESTAD, 0000 MICHAEL G. LUTTE, 0000 HOLIDAY HANNA, 0000 SCOTT A. MC KENZIE, 0000 WILLIAM T. HOOVER, 0000 DAVID M. HARRISON, 0000 SEAN A. SCIARA, 0000 ERROL D. HENRIQUES, 0000 ANDREW B. SEAL, 0000 ROBERT W. YAROSZ, 0000 MICHAEL R. HOGAN, 0000 BRIAN G. TOLBERT, 0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- MATTHEW R. HYDE, 0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- ANTHONY Z. KALAMS, 0000 CERS, TO BE APPOINTED IN THE SUPPLY CORPS OF THE CERS, TO BE APPOINTED IN THE NURSE CORPS OF THE ANN F. LAMB, 0000 U.S. NAVY IN ACCORDANCE WITH SECTION 531 OF TITLE U.S. NAVY IN ACCORDANCE WITH SECTION 531 OF TITLE JAMES M. RYAN, 0000 10, UNITED STATES CODE. 10, UNITED STATES CODE. DARLENE S. SIMMONS, 0000 SUPPLY CORPS DAVID G. WILSON, 0000 NURSE CORPS To be lieutenant THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- CERS, TO BE APPOINTED IN THE DENTAL CORPS OF THE To be lieutenant SETH T. BURGESS, 0000 U.S. NAVY IN ACCORDANCE WITH SECTION 531 OF TITLE JAMES E., BABCOCK II, 0000 GARY B. CLARK, 0000 10, UNITED STATES CODE. LINDA M. BLANKENBIJL, 0000 ROBERT CSORBA, 0000 DENTAL CORPS CHERYL W. BLANZOLA, 0000 DANIEL F. CUMMINGS, 0000 ELISABETH J. BUCK, 0000 KENNETH DIXON, 0000 To be lieutenant commander PATRICIA CORLEY, 0000 JOHN W. HANKFORTH, 0000 NATALIE K.M. FRENKEN, 0000 PAUL D. HANSON, 0000 JOANNE R. ADAMSKI, 0000 ROBIN D. GIBBS, 0000 COREY D. KRAMER, 0000 SPIROS APOSTOLAKIS, 0000 DEBORAH A. GRISSINGER, 0000 RICKY A. KUSTURIN, 0000 JOY MEADE, 0000 PATRICIA A. HETRICK, 0000 BRIAN E. LOEFSTEDT, 0000 To be lieutenant WILLIAM J. HILL, JR., 0000 THOMAS R. MARSZALEK, 0000 CLARISSA L. HO, 0000 MICHAEL L. PARKER, 0000 SMITH C. E. BARONE, 0000 CONSTANCE E. HYMAS, 0000 LISLE O. PICKFORD, 0000 GLENDA M. CALEY, 0000 MARGARET A. JACOBSEN, 0000 JON H. STEEN, 0000 MICHELE A. CARTER, 0000 SHARON W. KINGSBERRY, 0000 DAVID T. VEAL, 0000 PETER C. COLELLA, 0000 GEORGE A. GROW, 0000 DAVID P. LEVAN, 0000 To be lieutenant (junior grade) WILLIAM R. K. DAVIDSON, 0000 REBECCA A. MALARA, 0000 MASOUD EGHTEDARI, 0000 KENDRA A.T. MANNING, 0000 EDWARD C. AGU, 0000 KIMBERLY K. ERICKSON, 0000 JACQUELINE M. MENZIES, 0000 JARROD W. FLORES, 0000 TIMOTHY M. FRENCH, 0000 JULIE C. MOORE, 0000 OVELL HAMILTON, 0000 GREGORY GANSER, 0000 JULIE Y. MOORE, 0000 WILLIAM K. JAMES, 0000 KURT HUMMELDORF, 0000 LISA M. MORTENSEN, 0000 DARRELL L. MATHIS, 0000 KARLA A. IYONMAHAN, 0000 REBECCA A. OHLENBUSCH, 0000 CLIFFORD R. SHEARER, 0000 JONATHAN B. JUNKIN, 0000 CATHY J. OLSON, 0000 RICARDO WILSON, 0000 JOSEPH P. LUKASIEWICZ, 0000 PAMELA J. PORTER, 0000 RODERICK M. M ACINTYRE, 0000 KAREN S. PRUETT, 0000 THE FOLLOWING-NAMED LINE OFFICERS TO BE RE- WILLIAM W. MAK, 0000 SABRINA L. PUTNEY, 0000 APPOINTED IN THE CIVIL ENGINEER CORPS OF THE U.S. KEVIN J. OTTE, 0000 MARY A. SMITH, 0000 NAVY IN ACCORDANCE WITH SECTIONS 531 AND 5582(B) OF CHARLES W. I. PADDOCK, 0000 DIANNE STANTONSANCHEZ, 0000 TITLE 10, UNITED STATES CODE. VICTOR T. Y. PAK, 0000 AMY M. STEVENS, 0000 CIVIL ENGINEER CORPS CHARLES W. PATTERSON, 0000 REGINA D. STMARK, 0000 PETER A. RUOCCO, 0000 DANA G. STUARTMAGDA, 0000 To be lieutenant SONIA Q. SCHEERER, 0000 TRACY B. SWANSON, 0000 HELEN N. SEMPIRA, 0000 NELIDA R. TOLEDO, 0000 WILLIAM C. DUERDEN, 0000 ADAM P. STRIMER, 0000 DICK W. TURNER, 0000 MARTIN B. HARRISON, 0000 TODD E. SUMNER, 0000 DAVID W. WEEKS, 0000 ROBERT S. HOUSE, 0000 TIMOTHY B. TINKER, 0000 LAURA A. WOLFGANG, 0000 CHAD H. LEE, 0000 PAUL R. YETTER, 0000 MARY A. YONK, 0000 SHAUGN E. OSTROWSKI, 0000 MARIA A. YOUNG, 0000 DARREN D. PETRO, 0000 THE FOLLOWING-NAMED LINE OFFICERS, TO BE RE- STEPHEN K. REVELAS, 0000 APPOINTED IN THE MEDICAL SERVICE CORPS OF THE To be lieutenant (junior grade) SEREATHA Y. STERN, 0000 U.S. NAVY IN ACCORDANCE WITH SECTION 531 OF TITLE SCOTTY W. WALTERMIRE, 0000 10, UNITED STATES CODE. JANINE D. ALLEN, 0000 MEDICAL SERVICE CORPS PAUL B. ARP, 0000 To be lieutenant (junior grade) JUSTIN M. BENNETT, 0000 TIMOTHY L. ALLEN, 0000 To be lieutenant MARK I. BISBEE, 0000 JEFFREY W. BLEDSOE, 0000 ERIC J. HAWN, 0000 JAMES R. CASSATA, 0000 ANDREW M. CARTER, 0000 WILLIAM B. SCALLY, 0000 TIMOTHY A. MEYER, 0000 DANIEL J. CROSBY, 0000 To be ensign THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- EVE D. CURRIE, 0000 CERS, TO BE APPOINTED IN THE MEDICAL SERVICE ERNEST E. DUNCAN, 0000 COREY M. AVENS, 0000 CORPS OF THE U.S. NAVY IN ACCORDANCE WITH SECTION RHONDA R. DYER, 0000 JAMES L. HASAN, 0000 531 OF TITLE 10, UNITED STATES CODE. DAVID C. FISHER, 0000 BRANNEN G. MC ELMURRAY, 0000 ANDREW A. GALVIN, 0000 MEDICAL SERVICE CORPS THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- JAMES E. GOSS, 0000 CERS, TO BE APPOINTED IN THE CIVIL ENGINEER CORPS To be lieutenant DERRICK HERNANDEZ, 0000 OF THE U.S. NAVY IN ACCORDANCE WITH SECTION 531 OF MERCED HERNANDEZ, 0000 DAVID M. BARTHOLOMEW, 0000 TITLE 10, UNITED STATES CODE. KATHY A. HUEY, 0000 SIMON J. BARTLETT, 0000 MARY E. JACOBS, 0000 CIVIL ENGINEER CORPS SEAN BIGGERSTAFF, 0000 JEAN L. P. LORD, 0000 CYNTHIA A. CHARGOIS, 0000 KATHY L. MATTHES, 0000 To be lieutenant ANDREW M. DAVIDSON, 0000 CATHERINE M. MC NEAL, 0000 DANNY W. DENTON, 0000 MICHAEL L. NICK, 0000 STEVEN M. BECKER, 0000 TODD S. GIBSON, 0000 DAVID A. BELL, 0000 DEBBIE O’HARE, 0000 DANA P. GLASER, 0000 FRANCES C. PERDUE, 0000 JAMES J. BOUDO, 0000 VINCENT T. HILL, 0000 ALTON M. BRADLEY, 0000 FRANCES C. RYAN, 0000 BARBARA R. IDONE, 0000 ASSANATU I. SAVAGE, 0000 FERNANDO CHAVEZ, 0000 SUSAN E. JACKSON, 0000 RENEE M. SIDLEY, 0000 BRIAN L. ERICKSON, 0000 CHRISTOPHER M. JACOBSON, 0000 MICHAEL D. SIMONS, 0000 PHILIP M. GENT, 0000 KIMBERLY M. KAUFFMAN, 0000 PATRICIA M. TAYLOR, 0000 DALE R. HARTMANN, 0000 LAURIE A. LEVY, 0000 GENE D. TRUESDELL, 0000 CHARLES E. MENDOZA, 0000 JOHN D. NOGAN, 0000 DAVID J. WALKER, 0000 TIMOTHY J. ROGERS, 0000 SAMUEL T. OLAIYA, 0000 TERESA J. WATTERS, 0000 GREGORY A. SCOTT, 0000 PAMELA A. O’LOUGHLIN, 0000 ALTON R. WIGGINS, 0000 MICHAEL R. SPAULDING, 0000 BYRON Y. OWENS, 0000 SHARI D. WOHL, 0000 CRAIG B. SPRAY, 0000 STEVEN D. PIGMAN, 0000 GEORGE A. ZANGARO, 0000 CHARLES R. WILSON, 0000 BRIAN D. POMIJE, 0000 GREGORY J. PRUNIER, 0000 To be lieutenant (junior grade) THE FOLLOWING NAMED TEMPORARY LIMITED DUTY JENNIFER S. RYDELL, 0000 OFFICERS, TO BE APPOINTED PERMANENT LIEUTENANT MARY S. SEYMOUR, 0000 BRANDIE S. HAYDEN, 0000 (JUNIOR GRADE) IN THE LINE AS LIMITED DUTY OFFI- LILLIAN M. SHEPHERD, 0000 FRANCIS S. KURY, 0000 CERS OF THE U.S. NAVY IN ACCORDANCE WITH SECTIONS RUSSELL D. SHILLING, 0000 HEATH K. POPE, 0000 531 AND 5589(A) OF TITLE 10, UNITED STATES CODE. JOHN THOMAS, 0000 MICHAEL R. SAUM, 0000 BRUCE A. THOMPSON, 0000 RUSSELL V. SEIGNIOUS, 0000 LIMITED DUTY OFFICERS, LINE JEFFREY C. TROWBRIDGE, 0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- TIMOTHY H. WEBER, 0000 To be lieutenant (junior grade) CERS, TO BE APPOINTED IN THE JUDGE ADVOCATE GEN- To be lieutenant (junior grade) ERAL’S CORPS OF THE U.S. NAVY IN ACCORDANCE WITH RONALD E. FOUDRAY, 0000 SECTION 531 OF TITLE 10, UNITED STATES CODE. PAUL D. ALLEN, 0000 REBECCA L. KIRK, 0000

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THE BALANCED BUDGET the neck down a mere half an hour after the work provides important lessons for us and for CONSTITUTIONAL AMENDMENT man bought a $100 rifle at a K±Mart in our children. I'm sure my colleagues will join Tampa, FL. The man had consumed a case of me in paying tribute to Ms. Frey, and I join in HON. BILL ARCHER beer and nearly a fifth of whiskey before he applauding her numerous local and inter- OF TEXAS bought the gun. He was so incapacitated at national contributions. Her important work sig- the time of the purchase that the store clerk nifies a task well done on a subject that must IN THE HOUSE OF REPRESENTATIVES had to fill out the Federal firearm registration remain in our consciousness, both today and Tuesday, January 7, 1997 form. tomorrow. Mr. ARCHER. Mr. Speaker, today I am in- Ms. Kitchen successfully sued K±Mart for f troducing a joint resolution to amend the Con- negligence, but the retail chain has appealed, INTRODUCTION OF THE RECON- stitution in order to mandate the U.S. Con- denying any liability. K±Mart doesn't think it STRUCTIVE BREAST SURGERY gress to commit to balancing the Federal did anything wrong in selling the drunk the BENEFITS ACT OF 1997 budget and remove the burdens of large Fed- gun that paralyzed Ms. Kitchen. If gun sellers eral deficits off of the American people. This cannot act responsibly on their own, it is up to legislation is essential to the future of our Na- us to force them to act responsibly. No one HON. ANNA G. ESHOO tion as we stand on the threshold of the 21st should sell a gun to a drunk, period. My bill OF CALIFORNIA century. The costs of maintaining our national would make it a Federal crime to sell a gun to IN THE HOUSE OF REPRESENTATIVES debt have absorbed increasing proportions of a drunk in an effort to ensure that there won't Tuesday, January 7, 1997 national savings that would otherwise have be any more Deborah Kitchens in the future. Ms. ESHOO. Mr. Speaker, I rise today to in- been available to finance investment, either f troduce the Reconstructive Breast Surgery public or private. Today, interest payments Benefits Act of 1997 to guarantee that insur- alone on the debt are the largest item in the RECOGNIZING THE CONTRIBU- TIONS OF MINNESOTAN HUMAN ance companies cover the cost of reconstruc- budget, comprising over 20 percent of all Fed- tive breast surgery that results from eral spending. RIGHTS ADVOCATE BARBARA FREY mastectomies for which coverage is already This type or irresponsible spending and provided. In addition, the legislation would se- management must end. Now the 105th Con- cure insurance coverage for all stages of re- gress has the opportunity to do just that. My HON. BRUCE F. VENTO constructive breast surgery performed on a balanced budget amendment is very similar to OF MINNESOTA nondiseased breast to establish symmetry with the language that passed the House of Rep- IN THE HOUSE OF REPRESENTATIVES the diseased one when reconstructive surgery resentatives in 1995 by a vote of 300 to 132. Tuesday, January 7, 1997 on the diseased breast is performed. However, the most important distinction of my In 1995, an estimated 182,000 American amendment from the 1995 language is the Mr. VENTO. Mr. Speaker, I rise today in women were diagnosed with breast cancer, provision specifying the vote margin needed to recognition of an extraordinary Minnesotan, and 85,000 of them underwent a mastectomy waive the balanced budget requirement. Barbara Frey. For 11 years as executive direc- as part of their treatment. Reconstructive Under the previously passed bill, three-fifths of tor of Minnesota Advocates, an internationally breast surgery often is an integral part of the the whole House and Senate were required to recognized human rights organization which mental and physical recovery of women who waive the balanced budget requirements. My has played an instrumental part in human undergo this traumatic, disfiguring procedure. amendment sets a more stringent and impera- rights work, Ms. Frey has poured her tireless Unfortunately, insurance companies don't al- tive requirement of two-thirds of those present energy and efforts into the establishment of ways see it that way. Even though many of and votingÐthe same margin necessary to the cause of fighting human rights abuses on them are willing to pay for mastectomies, they pass a constitutional amendment. a worldwide basis. While Barbara Frey will be sometimes balk at covering breast reconstruc- I hope that my colleagues, on both sides of relinquishing that role, I can safely predict as tion. This legislation would put an end to this the aisle, agree that actions speak louder than her Representative and friend that she will shortsighted practice and guarantee that words. We've talked about our commitment to continue to make a major contribution to our women with breast cancer are not victimized balancing the budget for long enough, it's time community and society. Ms. Frey's accom- twiceÐfirst by the disease, then by their insur- to do it. plishments will provide a sound basis and sta- ance companies. f tus for her future work in Minnesota and inter- According to the American Society of Plastic nationally. and Reconstructive Surgeons [ASPRS], a sig- INTRODUCTION OF GUNS AND Some people have one job; Barbara Frey nificant number of women with breast cancer DRUNKS LEGISLATION has several. In addition to her work at Min- must undergo mastectomy or amputation of a nesota Advocates, Ms. Frey may add to her breast in order to treat their disease appro- HON. JOHN CONYERS, JR. resume work as an adjunct professor of priately. The two most common types of re- OF MICHIGAN human rights at the University of Minnesota constructionÐtissue expansion followed by an IN THE HOUSE OF REPRESENTATIVES Law School In addition, every Sunday she de- implant insertion and flap surgeryÐcan restore livers food-shelf donations to the needy from Tuesday, January 7, 1997 the breast mound to a natural shape. Most St. Francis Cabrini Catholic Church. She also breast reconstruction requires a series of pro- Mr. CONYERS. Mr. Speaker, I wouldn't coaches girls' basketball and teaches a week- cedures that may include an operation on the have thought it was necessary to introduce a ly course at St. Paul's Expo Magnet School, opposite breast for symmetry. bill prohibiting gun sellers from selling guns to where her daughter, Maddie, is a student. Ms. Even though studies show that fear of losing obviously intoxicated individuals, but it is. Frey recently paid a visit to the White House a breast is a leading reason why many women as the law stands, you can't sell alcohol to on International Human Rights Day to be hon- do not participate in early breast cancer detec- someone who is clearly drunk because that ored by President Clinton for her efforts to tion programs, many general surgeons don't person might hurt himself or others, but you promote women's rights. even present reconstruction as an option for can sell a drunk a dangerous firearm. Even Whether educating Minnesota's students or mastectomy candidates. Unfortunately, many without a law, common sense might dictate reprimanding military leaders about human women are unaware that reconstruction is an that you don't sell a gun to a drunk, but unfor- rights violations, Barbara Frey has approached option following mastectomy, and they put off tunately, not everyone uses their common her valuable work with the same passion of testing and/or treatment for breast cancer until sense. conviction, courage, and purpose of mission. it is too late. Deborah Kitchen, a mother of five, was shot St. Paul, MN, is fortunate to be home to this A recent ASPRS surveyÐwith an error by her ex-boyfriend and left paralyzed from most talented and dedicated individual, whose range of ±1.9 percentÐindicates that 84

∑ 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. E2 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 percent of respondents had up to 10 patients CONCERNING A CONGRESSIONAL We should see this failure to comply with who were denied insurance coverage for FAILURE TO COMPLY WITH THE the Constitution as a serious and troubling breast reconstruction of the amputated breast. CONSTITUTION DURING THE matter. Of those surgeons who support State legisla- 104TH CONGRESS Because I understood that the breakdown tion to address this problem and reported de- had occurred on the other side of the Capitol, nied coverage, the top three procedures de- HON. DAVID E. SKAGGS I raised the matter with the majority leader of nied most often were symmetry surgery on a OF COLORADO the Senate in a telephone conversation and, nondiseased breast, revision of breast recon- IN THE HOUSE OF REPRESENTATIVES subsequently, in a letter which I ask unani- struction, and nipple areola reconstruction. mous consent be included in the RECORD at The top five States of residence of those pa- Tuesday, January 7, 1997 the conclusion of my remarks. tients reporting denied coverage are Florida, Mr. SKAGGS. Mr. Speaker, I want to call to As I noted then, I can understand why, as California, Texas, Pennsylvania, and New the attention of the House what appears to be a practical matter, it might seem redundant to York. a failure of the Congress to comply with a send two identical bills to the President. But California and Florida also are among the clear and basic constitutional mandate. the Constitution doesn't give Members of Con- 13 States that have passed laws requiring Section 7 of article IÐknown as the present- gressÐeven leadersÐthe authority to selec- breast reconstruction coverage after mastec- ment clauseÐsays ``Every bill which shall tively withhold from the President any bill that tomy. However, State laws alone, such as the have passed the House of Representatives has passed both Houses. And while in this California and Florida laws, do not provide and the Senate shall, before it become a law, case refusing to send H.R. 4278 to the Presi- adequate protection for women because be presented to the President of the United dent won't make a practical differenceÐsince States do not have jurisdiction over interstate States'' for approval or veto. Nothing could be an identical measure has been signed into insurance policies provided by large compa- clearerÐif a bill is passed by both bodies, it lawÐit is easy to imagine how it could set a nies under the Employee Retirement Income must be presented to the President. The Con- bad, even a dangerous precedent in other cir- Security Act [ERISA]. As a result, even stitution does not allow for any exceptions. Yet cumstances. women in States that have attempted to ad- during the 104th Congress, an exception was It was my hope, Mr. President, that when dress this issue are still at risk of being denied made on one occasion, the constitutional man- this matter was called to the attention of the coverage for reconstructive surgery. date notwithstanding. leadership, steps would be taken to make sure The Reconstructive Breast Surgery Benefits As Members who served in the last Con- that H.R. 4278 was duly enrolled, signed, and Act would amend the Public Health Service gress will remember, last year the leadership presented to the President. Unfortunately, that Act and ERISA to do the following: require of both the House and Senate decided to ex- did not occur and, now that a new Congress health insurance companies that provide cov- pedite our adjournment by combining various has begun, it evidently cannot occur. erage for mastectomies to cover reconstruc- 1997 appropriations usually dealt with in sepa- That is very regrettable and, as I've already tive breast surgery that results from those rate measures into a single omnibus appro- said, something that I think we need to take mastectomies, including surgery to establish priations bill. It was also decided, for tactical seriously. As Members of Congress, we have symmetry between breasts; prohibit insurance reasons, to have two versions of that omnibus each sworn to uphold the Constitution. If we companies from denying coverage for breast billÐone being a conference report on a 1997 are to be faithful to that oath, we must make reconstruction resulting from mastectomies on defense appropriations measure, the other sure that Congress in the future meets its con- the basis that the coverage is for cosmetic being a new, freestanding bill, H.R. 4278. H.R. stitutional requirements, including those im- surgery; prohibit insurance companies from 4278 came to be known in Capitol parlance as posed by the presentment clause. denying a woman eligibility or continued eligi- the ``clone'' omnibus appropriations bill. Mr. Speaker, for the information of the bility for coverage solely to avoid providing Accordingly, on September 28, 1996, the House, I include at this point my letter of De- payment for breast reconstruction; prohibit in- House agreed to consider the conference re- cember 23, 1996, to the majority leader of the surance companies from providing monetary port and also agreed that if the conference re- Senate concerning this matter. payments or rebates to women to encourage port was adopted, H.R. 4278, the clone bill, HOUSE OF REPRESENTATIVES, such women to accept less than the minimum also would be deemed passed. Washington, DC, December 23, 1996. protections available under this act; prohibit in- The House did pass the conference report Hon. TRENT LOTT, surance companies from penalizing an attend- on September 28, and on September 30, Senate Majority Leader, ing care provider because such care provider 1996, both that conference report and H.R. Washington, DC. gave care to an individual participant or bene- 4278 were considered and approved by the DEAR TRENT: Thanks very much for calling Senate as well. In fact, the Senate passed the me at home a second time last week; sorry ficiary in accordance with this act; and prohibit to have missed your first try. I greatly ap- insurance companies from providing incentives clone bill, without amendment, by a separate preciate having been able to talk with you to an attending care provider to induce such rollcall vote of 84 to 15. about the so-called ‘‘clone’’ omnibus appro- care provider to give care to an individual par- In short, last year two omnibus 1997 appro- priations bill. As I mentioned, I have some ticipant or beneficiary in a manner inconsistent priations bills were passed in identical form by serious concerns about the way the bill has with this act. both the House and the Senate. Constitu- been handled. On the other hand, the Reconstructive tionally, both bills had equal standing, and On September 28, the House agreed to con- Breast Surgery Benefits Act would not: Re- both should have been presented to the Presi- sider the conference report regarding H.R. quire a woman to undergo reconstructive dent. Even though the President predictably 3610 (the omnibus consolidated appropria- tions bill for fiscal 1997) and agreed that, breast surgery; apply to any insurance com- would have let one die by pocket veto. upon adoption of that conference report, pany that does not offer benefits for This requirement was not met. The con- H.R. 4278 (a separate, identical measure) mastectomies; prevent an insurance company ference report was presented to the President would also be considered as passed. from imposing reasonable deductibles, coin- and was signed into law. But the normal, con- As you know, the House did pass the con- surance, or other cost-sharing in relation to re- stitutional procedures were not followed with ference report, and on September 30, both constructive breast surgery benefits; prevent respect to the other bill, H.R. 4278. the conference report and H.R. 4278 were con- insurance companies from negotiating the Before a bill can be presented to the Presi- sidered and approved by the Senate as well, level and type of reimbursement with a care dent, it must be enrolled and signed by the the latter being passed without amendment Speaker and by the President of the Senate, by a vote of 84–15 (rollcall number 302). How- provider for care given in accordance with this ever, while H.R. 3610 was presented to the act; and preempt State laws that require cov- or others empowered to act for them, to attest President on September 30 (and signed into erage for reconstructive breast surgery at least that it has in fact been passed by both bodies. law as P.L. 104–208), I understand that the equal to the level of coverage provided in this And, before a House billÐsuch as H.R. Senate has not yet returned to the House the act. 4278Ðcan be enrolled, the bill and related pa- papers related to H.R. 4278, and as a con- Mr. Speaker, women who have breast can- pers must be returned to the House by the sequence the House (where the bill origi- cer suffer enough without having to worry Senate. In the case of H.R. 4278, evidently, nated) has been unable to take the steps nec- about whether or not their insurance compa- this normally routine step was not taken. The essary for the bill to be presented to the nies will cover reconstructive surgery. I urge bill was not returned to the House, and so it President in accordance with Section 7 of Ar- ticle I of the Constitution (the ‘‘presentment my colleagues in helping to give these women was never enrolled, never signed by the clause’’). peace of mind and the coverage they need by Speaker or anyone else authorized to sign it, It’s true that enactment of P.L. 104–208 supporting the Reconstructive Breast Surgery and never presented to the PresidentÐdespite means that enactment of H.R. 4278 would be Benefits Act. the clear mandate of the Constitution. redundant. However, the presentment January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E3 clause’s requirement that ‘‘Every Bill which volvement in the education of our children, the similar sentiment. We would be negligent in shall have passed the House of Representa- training of our Olympic athletes, and the train- our roles as Federal legislators to ignore such tives and the Senate shall, before it become ing of our future civic leaders. compelling public demand for change. a law, be presented to the President of the Indeed, Chris Lewis has accentuated the Last Congress, we enacted legislation that United States’’ does not provide an exception for such circumstances. I am unaware of any positive by creating and fostering a positive at- addressed some of the country's most press- Constitutional authority for a measure mosphere for local residents and local busi- ing illegal immigration problems. Unfortunately, passed in identical form by both the House nesses. The Chula Vista Chamber of Com- an attempt to improve our legal immigration and Senate to be selectively withheld from merce has laid the framework for long-term policies was thwarted. The 105th Congress presentment to the President for his ap- economic expansion with the founding of the should not repeat last year's mistake. We proval or veto. Chula Vista Convention and Visitors Bureau should, instead, finish the immigration reform It seems to me that any failure to fulfill and the renovation of the Chula Vista Visitors' job by evaluating America's immigration needs the requirements of the Constitution in this Information Center. and devising a policy that will allow us to meet case would set a troublesome precedent. these needs without further burdening Amer- While it has no practical consequence in this Mr. Speaker, on behalf of the residents of instance, a decision here not to complete the Chula Vista and the 50th Congressional Dis- ican taxpayers. mandated administrative steps after passage trict, I thank Chris Lewis for his service to our f could be cited later as precedent for a simi- community, and I ask the citizens of our com- INTRODUCTION OF THE HMONG lar inaction carrying more problematic re- munity to continue to work for its betterment. VETERANS NATURALIZATION ACT sults. Therefore, I urge you to take all nec- f essary steps to ensure that H.R. 4278 can be properly enrolled and presented to the Presi- REDUCE LEGAL IMMIGRATION HON. BRUCE F. VENTO dent, as required by the Constitution. LEVELS OF MINNESOTA Thank you very much for you attention IN THE HOUSE OF REPRESENTATIVES and assistance. With best personal regards, HON. BOB STUMP January 7, 1997 Sincerely yours, OF ARIZONA Mr. VENTO. Mr. Speaker, today I am intro- DAVID E. SKAGGS. IN THE HOUSE OF REPRESENTATIVES ducing the Hmong Veterans Naturalization f Tuesday, January 7, 1997 Act, which would ease naturalization require- PERSIAN GULF SYNDROME ments for the Hmong, of Laos, who fought Mr. STUMP. Mr. Speaker, a reduction in im- alongside the United States Armed Forces HEALTH BENEFITS EXTENSION migration is essential to improving the coun- ACT OF 1997 during the Vietnam war. Hmong of all ages try's economy and social weaknesses. With fought and died alongside U.S. soldiers, and this in mind, I am today introducing legislation as a result of the brave position they took and HON. JACK QUINN to cut the number of legal immigrants who their loyalty to the United States, the Hmong, OF NEW YORK enter our country each year. tragically, lost their homeland. Between 10,000 IN THE HOUSE OF REPRESENTATIVES Once again, I am sponsoring the Immigra- and 20,000 Hmong were killed in combat and Tuesday, January 7, 1997 tion Moratorium Act. The legislation provides over 100,000 had to flee to refugee camps to for a significant, but temporary, reduction in Mr. QUINN. Mr. Speaker, I rise today to in- survive. legal immigration levels. Under my bill, immi- Although it wasn't apparent then, their ac- troduce legislation which extends priority gration would be limited to the spouses and healthcare to Persian Gulf war veterans who tions had a major impact on achieving today's minor children of U.S. citizens, a reduced global order and the positive changes of the served in Israel and Turkey. My bill is entitled number of refugees and employment-based the ``Persian Gulf Syndrome Health Benefits past decade. Extreme sacrifices were made immigrants, and a limited number of immi- by those engaged in the jungles and the high- Extension Act of 1997.'' The bill has received grants who are currently waiting in the immi- bipartisan support and passed the House of lands, whether in uniform or in peasant cloth- gration backlog. Total immigration under my ing and for those whose homeland became Representatives by voice vote in 1996. proposed moratorium would be less than Men and women who served during the the battlefield. For their heroic efforts, the Lao- 300,000 per year. The moratorium would end Persian Gulf war in Israel and Turkey were Hmong veterans deserve this recognition and after approximately 5 years, provided no ad- originally excluded from the definition of in-the- consideration. verse impact would result from an immigration atre operations. Many of these soldiers suffer Many Hmong who survived the conflict were increase. welcomed to the United States and today from similar undiagnosed medical problems A temporary moratorium is a sound re- that may be related to service during the Per- should be honored for the contributions they sponse to our present situation that allows for are making to our communities in my Min- sian Gulf war. unprecedented and unmanageable levels of Throughout my service on the House Com- nesota district and to our Nation. Their suc- immigrants. Currently, the United States ad- mittee on Veterans' Affairs, I have emphasized cess in rebuilding their families and commu- mits about 1 million legal immigrants annually, the need to alleviate the suffering of those in- nities in the United States stands as a tribute more than any other industrialized nation in dividuals afflicted with Persian Gulf war ill- to their strength, but their cause would be the world. Based upon recent trends, this nesses. It is time to simply care for our veter- greatly helped by passage of the legislation I number will continue to climb unless we take ans who so bravely fought for our country. am introducing today, the Hmong Veterans the necessary steps to restore immigration to f Naturalization Act. reasonable levels. I am extremely troubled by While it is clear that the Hmong served CHRIS LEWIS—A POSITIVE FORCE the fact that study after study has shown that bravely and sacrificed dearly in the Vietnam IN OUR COMMUNITY the excessive immigration we are experiencing war, many of those who did survive and made exacerbates many of the country's most dis- it to the United States, are separated from HON. BOB FILNER turbing problems, such as overcrowded jails, other family members and are having a dif- inadequately funded schools and hospitals, OF CALIFORNIA ficult time adjusting to life in the United States. violent crime and unemployment. Moreover, IN THE HOUSE OF REPRESENTATIVES Fortunately, there is something we can do to legal immigration is costly and has a signifi- speed up the process of family reunification Tuesday, January 7, 1997 cant impact on our ability to balance the budg- and ease the adjustment of the Hmong into Mr. FILNER. Mr. Speaker, I rise today to et. For example, the projected net cost to tax- U.S. society, at no cost to the Federal Govern- pay special tribute to Chris Lewis, president of payers of legal immigration will be $330 billion ment. the Chula Vista Chamber of Commerce for over the next 10 years. My legislation makes the attainment of citi- this past year, 1996. Mr. speaker, Americans have repeatedly zenship easier for those who served in the Throughout the past year, Chris urged local voiced their concerns about the potentially special guerrilla units by waiving the English business and community leaders to ``accen- grave consequences associated with unre- language test and residency requirement. The tuate the positive.'' That spirit helped bring strained immigration. A recent Wall Street greatest obstacle for the Hmong in becoming more than twenty new businesses to the city Journal/NBC News poll showed 52 percent a citizen is passing the English test. Written of Chula Vista in 1996, and it laid the ground- support a 5-year moratorium on legal immigra- characters for Hmong have only been intro- work for continued economic development. tion. A Roper poll shows the majority of Ameri- duced recently, and whatever changes most During Chris' term as president, the Chula cans prefer no more than 100,000 annually. A Hmong who served may have had to learn a Vista Chamber of Commerce expanded its in- host of additional polls consistently show a written language were disrupted by the war. E4 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 This bill would also waive the residency re- Mr. Speaker, I think this is a good bill and tutional review board of the Children's Hospital quirement for those who served in order to I look forward to hearing feedback from my and Health Center; and on the board of direc- speed up the process of family reunification. colleagues. I expect to offer this legislation at tors of the American Jewish Committee. Current law permits aliens or noncitizen na- the beginning of the next Congress and hope She was formerly president of the California tionals who served honorably during World to hear meaningful debate. Southwest Region of Hadassah and a mem- War I, World War II, the Korean conflict, and f ber of their national board. She was the found- the Vietnam war to be naturalized regardless er and former president of the San Diego of age, period of residence, or physical pres- INTRODUCTION OF GUN SAFETY chapter of Parents of North American Israelis, ence in the United States. There is a well-es- ACT OF 1997 as well as executive vice president of their tablished precedent of modifying naturalization international board of directors and inter- requirement for military service, recently re- HON. JOHN CONYERS, JR. national convention chair. Muriel was founder affirmed by passage of legislation granting citi- OF MICHIGAN and chair of the San Diego Zionist Council, zenship to those who served in the Filipino IN THE HOUSE OF REPRESENTATIVES which from 1948 to 1958 set up a speakers' Scouts during World War II. Tuesday, January 7, 1997 bureau on issues of concern to Israel and sent The Hmong stood by the United States at a several non-Jewish civic leaders on study crucial time, and that service deserves rec- Mr. CONYERS. Mr. Speaker, this bill ad- tours to Israel. ognition. Today we should stand with the Lao- dresses the problem of the proliferation of She has also been deeply involved in health Hmong in their struggle to become citizens cheaply made, easily concealed weapons. issues, serving on the Coordinating Council for and to live a good life in our Nation. This is particularly critical in dealing with our Education in the Health Sciences; as president f juvenile crime problem. The Office of Juvenile of the Comprehensive Health Planning Asso- Justice and Delinquency Prevention reports ciation for San Diego, Imperial, and Riverside THE PRESIDENTIAL DEBATE that most juveniles who purchase guns obtain Counties; and the board of directors of the REFORM INITIATIVE them from informal sources for less than $100. San Diego Mental Health Association; and on This bill would put an end to the proliferation the Governor's advisory board of the San HON. BILL McCOLLUM of these cheap and dangerous guns by requir- Diego Treatment Center for the Mentally Ill. OF FLORIDA ing States to set up criteria for guns to be sold As a member of the political and civic com- IN THE HOUSE OF REPRESENTATIVES within that State's borders. The criteria to be munity of San Diego, Muriel served as presi- considered would include concealability, safe- January 7, 1997 dent and on the board of directors of the ty, quality, and utility for legitimate activities. League of Women Voters in San Diego and Mr. MCCOLLUM. Mr. Speaker, today I am Any State that chooses not to participate in California; on the civil rights committee of the introducing the Presidential Debate Reform the program would simply lose some of its National League of Women Voters; on the Act. The situation surrounding the current Byrne grant money for crime problems. boards of directors of the National Conference Presidential election has highlighted some of In addition, in an effort to prevent the nu- of Christians and Jews and the San Diego the flaws in our current method for selecting a merous accidental deaths of children every Urban League; on the United Way allocations President and Vice President of the United year, this bill would require gun manufacturers committee; on the Mayor's committee on uni- States of America. One critical flaw involves to install magazine safeties in every gun so form hearing procedures; and on the blue rib- the way Presidential debates are scheduled. that adults can be sure that they have not ac- bon committee on restructuring the San Diego My legislation would create the framework cidentally left a bullet in the chamber of a gun, Convention and Visitors' Bureau. for deciding the participants and structure of even when the magazine is not in the gun. Mr. Speaker, these worthy contributions by Presidential debates. This framework would in- Because cheap and poorly made handguns such an intelligent, dedicated, and motivated clude a commission of three people nominated are dangerousÐand even more dangerous in woman were recognized by the celebration of by the President. The President would nomi- the hands of the serious juvenile offenders ``Muriel Goldhammer Day'' on January 5, nate one person from a list submitted by the who have easy access to them, and because 1997, an event sponsored by the Point Loma Republican National Committee, one person we need to make certain that guns include all Hadassah and Hadassah Southern California. from a list submitted by the Democratic Na- possible safety precautionsÐI urge my col- It is truly fitting that the House of Represent- tional Committee, and one person who is un- leagues to join me in sponsoring this legisla- atives join in this recognition, and I appreciate affiliated submitted jointly by the RNC and the tion. the opportunity to call attention to the life-long DNC. These commissioners would then f work of Muriel Goldhammer toward making schedule several debates. this world a better place. TRIBUTE TO MURIEL One such debate would be optional and in- f clude any candidate who is on the ballot in 50 GOLDHAMMER States or polls at 5 percent in popular polls LIMIT CONGRESSIONAL TERMS among likely voters. This could include major HON. BOB FILNER party candidates, although it would provide a OF CALIFORNIA HON. BOB STUMP forum for lesser known candidates to express IN THE HOUSE OF REPRESENTATIVES OF ARIZONA their views. IN THE HOUSE OF REPRESENTATIVES The commission would also establish de- Tuesday, January 7, 1997 bates for the Vice Presidential and Presi- Mr. FILNER. Mr. Speaker, today, I rise to Tuesday, January 7, 1997 dential candidates. These would be for the honor the outstanding contributions of Muriel Mr. STUMP. Mr. Speaker, as one who has major party candidates as well as anyone poll- Goldhammer to the community of San Diego consistently maintained that term limits are an ing over 5 percent in polls taken after the op- and to the entire southern California region. integral part of congressional reform, I am tional debate. Participation in these debates Muriel Goldhammer, a native San Diegan, is pleased to reintroduce a resolution to limit would be mandatory. The penalty for not par- now retired and is planning to reside parttime Representatives to three 4-year terms. ticipating in the debate, other than perhaps in Israel, beginning on January 14, 1997. Be- The current system of unlimited 2-year embarrassment, would be a reduction in the fore she makes this move, it is fitting that she terms hinders the advancement of legislation amount of Federal funds that candidate's party be recognized for her work in Jewish commu- that is in the Nation's best interest. Members will receive to run the next convention. The re- nity relations, in health issues, and in political are distracted by reelection concerns and duction would be equal to the fraction of man- and civic activities in San Diego, CA. often sacrifice what it best for the country in datory debates missed. I cannot imagine that Before her retirement, Muriel served as di- favor of parochial interests. Under a system of a party would want to miss out on $3 millionÐ rector of urban affairs at the University of Cali- limited terms, the Congress would be a citizen approximately the amount that would be lost fornia, San Diego Extension and as faculty at legislative body as the Framers of the Con- to pay for the 1996 conventions through miss- the School of Public Administration at San stitution intended. Moreover, congressional ing one debate. Diego State University. She is the author of term limits promote government efficiency and This has nothing to do with whether I think several publications on public policy issues. are conducive to a smaller Federal Govern- certain people should or should not participate She is currently serving on the steering ment, as Members would be less compelled to in debates. I do think that we need to have an committee of the San Diego Area Resource support unnecessary port-barrel spending. established framework with defined ground Center and on the past presidents council of Although the 104th Congress was not suc- rules to ensure the fairness in the system. Hadassah of southern California; on the insti- cessful in advancing a term limits amendment, January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E5 I am encouraged that the House leadership THE INSPECTOR GENERAL FOR case loads. It is my understanding that em- has not abandoned this worthy cause. We will MEDICARE AND MEDICAID ACT ployees in the IG's office do not specialize in have an opportunity in the opening days of OF 1997 Medicare and Medicaid fraud, but must focus this Congress to vote on a proposed amend- on several issues at one time. With a more ment to the U.S. Constitution to limit our terms HON. JACK QUINN specialized personnel, other HHS programs and send a message to the public that we are OF NEW YORK such as welfare and head start stand to bene- dedicated to building upon last Congress' re- IN THE HOUSE OF REPRESENTATIVES fit as well. By magnifying our focus to Medi- forms. care and Medicaid fraud, waste, and abuse, I Tuesday, January 7, 1997 Mr. Speaker, support for term limits remains am confident that we will see an increased re- strong among voters. I encourage my col- Mr. QUINN. Mr. Speaker, I rise today to in- turn of our investment. leagues to favorably respond to their call and troduce the Inspector General For Medicare f vote to limit congressional terms. and Medicaid Act of 1997. f I was prompted to introduce this legislation ROCKY MOUNTAIN NATIONAL when seniors in western New York continu- PARK WILDERNESS INTRODUCTION OF LIVABLE WAGE ously approached me at my town meetings ACT last year with concerns about this issue. Many HON. DAVID E. SKAGGS of us in Congress and throughout the country OF COLORADO HON. BRUCE F. VENTO share their concerns that waste, fraud, and IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA abuse within Medicare and Medicaid Pro- Tuesday, January 7, 1997 IN THE HOUSE OF REPRESENTATIVES grams have reached an excessive level which Mr. SKAGGS. Mr. Speaker, today I am in- Tuesday, January 7, 1997 threatens the financial stability of our most vul- nerable populations. troducing the Rocky Mountain National Park Mr. VENTO. Mr. Speaker, today I am intro- For instance, one of my constituents gave Wilderness Act of 1997. ducing legislation intended to take a major me copies of his personal medical statements This bill, essentially identical to ones that I step forward toward a livable wage for working which showed that he was billed three times introduced in the 103d and 104th Congresses, men and women in our country. Too often for the same procedure, amounting to $2,367 is intended to provide important protection and American workers are forced to take jobs that in charges. Most people do not scrutinize their management direction for some truly remark- pay substandard wages and have few or no medical statements; which helps for fraud to able country, adding some 240,700 acres in health benefits. At a time when U.S. corpora- be easily overlooked. in the end, seniors are the park to the National Wilderness Preserva- tions are making record profits and the econ- forced to dip into their life savings. tion System. omy is strong and stable, it seems unreason- My bill would establish an exclusive, full- Covering 91 percent of the park, the wilder- able that working families must struggle and time and independent Office of Inspector Gen- ness will include Longs Peaks and other major cannot make ends meet. It is unconscionable eral [IG] for the Medicare and Medicaid Pro- mountains, glacial cirques and snow fields, for corporations to sacrifice fair wages for their grams. This office would be charged with de- broad expanses of alpine tundra and wet workers in pursuit of inflated profit margins, tecting, identifying and preventing waste, fraud meadows, old-growth forests, and hundreds of and it is doubly so when these businesses are and abuse within the Medicare and Medicaid lakes and streams. Indeed, the proposed wil- performing work on behalf of the Federal Gov- Programs. derness will include examples of all the natural ernmentÐwhen the workers' taxes which pay This IG office would be required to issue ecosystems present in the park. for Federal services and products perpetuate semiannual reports to Congress consisting of The features of these lands and waters that such depressed compensation. recommendations on preventing waste, fraud make Rocky Mountain a true gem in our na- My legislation is straightforward, simple and and abuse within the Medicare and Medicaid tional parks system also make it an outstand- just; if you are a Federal contractor or sub- Programs. ing wilderness candidate. contractor you will be required to pay wages The IG office would also be responsible for The wilderness boundaries for these areas to your employees that exceed the official pov- coordinating any audits, investigations, and are carefully located to assure continued ac- erty line for a family of four. This would be fair other activities which promote efficiency in the cess for use of existing roadways, buildings and equitable compensation achieved by law. administration of the Medicare and Medicaid and developed areas, privately owned land, When a business contracts for services or ma- Programs. and water supply facilities and conveyancesÐ terials with the Federal Government and bene- The need for this legislation comes down to including the Grand River Ditch, Long Draw fits from working families' taxpayer dollars, at dollars and cents. According to a 1995 GAO Reservoir, and the portals of the Adams Tun- the very least it should be required to pay its report, unchecked and improper billing alone nel. All of these are left out of wilderness. employees a livable wage. would cost Medicare in excess of $3 billion The bill is based on National Park Service As of March 4, 1996, the official poverty line over the next 5 years. Furthermore, health recommendations. Since these recommenda- for a family of four is $15,600. This is obvi- fraud has been estimated to cost between 3 tions were originally made in 1974, the north ously not an exorbitant wage. Imagine a family and 10 percent of every $1 used to meet the and south boundaries of Rocky Mountain Na- of four trying to live on this amount or less. It health needs of America's seniors and indi- tional Park have been adjusted, bringing into may not seem possible, but it is done every gent populations. I think you would agree that the park additional land that qualifies as wil- day in this country. There are serious dispari- this funding would be better spent as a rein- derness. My bill will include those areas as ties in our society when hard-working men and vestment in providing healthcare to our Na- well. Also, some changes in ownership and women, holding down full-time jobs, cannot tion's elderly, disabled, and poor citizens. management of several areas, including the earn enough to bring their families out of the To further compound the problem, GAO removal of three high mountain reservoirs, poverty cycle, while company executives earn also reported that physicians, suppliers, and make it possible to include designation of an average of 70 times that of their average medical laboratories have about 3 chances out some areas that the Park Service had found employee. of 1,000 of having Medicare audit their billing inherently suitable for wilderness. My bill does not attempt to alleviate this dis- practices in any given year. In 1993, we in the Colorado delegation fi- parity throughout the business sector, but it At the conclusion of the July 1995 GAO re- nally were able to successfully complete over does require those corporate entities receiving port to Congress, one of the main policy rec- a decade's effort to designate additional wil- taxpayer dollars to be accountable to their ommendations was to ``enhance Medicare's derness in our State's national forests. I antici- workers. This is a reasonable and practical antifraud and abuse efforts.'' pate that in the near future, the potentially bill. It allows companies to count any benefits, My bill simply responds to this need. I con- more complex question of wilderness designa- such as health care, which they provide for tend that with a separate IG office we can only tions on Federal Bureau of Land Management employees as part of their wage determina- expand on identifying and preventing fraud, lands will capture our attention. tion, and it provides an exemption for small waste, and abuse in healthcare. Based on Meanwhile, I think we should not further businesses and bona fide job training or ap- HHS data, within a 4-year time frame, we postpone resolution of the status of the lands prenticeship programs. have saved $115 for every $1 spent on in- within Rocky Mountain National Park that have I urge my colleagues to join me in support- spector general operations. been recommended for wilderness designa- ing this legislation to help ensure the Amer- In 1995, the Office of the IG saved $9.7 mil- tion. Also, because of the unique nature of its ican worker receives a fair day's pay for a fair lion per employee. This savings was accom- resources, its current restrictive management day's work. plished with employees working on diversified policies, and its water rights, Rocky Mountain E6 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 National Park should be considered separately this provision would apply in the eastern half acres. This section includes forested moun- from those other Federal lands. of the park. IfÐas I expectÐthe water court tainside of lodgepole pine, Englemann spruce We all know that water rights was the pri- with jurisdiction over the western half of the and subalpine fir, and the park’s trademark mary point of contention in the congressional expanse of alpine tundra and sub-alpine for- court makes the same ruling about the park's est. debate over designating national forests wil- original water rights that the eastern water Another fairly small section west of the derness areas in Colorado. The question of court did, then this provision would apply to Grand River Ditch, which comprises approxi- water rights for Rocky Mountain National Park the entire park. mately 9,260 acres, is generally above timber- wilderness is entirely different, and is far sim- The bill also specifically affirms the authority line, featuring steep slopes and peaks of the pler. of Colorado water law and its courts under the Never Summer Mountains, including 12 To begin with, it has long been recognized McCarran amendment. And the bill makes it peaks reaching over 12,000 feet in elevation. under the laws of the United States and of clear that it will not interfere with the Adams This area adjoins the existing Neota Wilder- ColoradoÐincluding in a decision of the Colo- ness on the Roosevelt National Forest and Tunnel of the Colorado-Big Thompson Project, Never Summer Wilderness on the Routt Na- rado Supreme CourtÐthat Rocky Mountain which is an underground tunnel that goes tional Forest. National Park already has extensive Federal under Rocky Mountain National Park. The largest portion of the wilderness—ap- reserved water rights arising from the creation Why should we designate wilderness in a proximately 144,740 acres—is south of Trail of the national park itself. national park? Isn't park protection the same Ridge Road and generally bounded on the Division One of the Colorado Water Court, as wilderness, or at least as good? east, south, and west by the park boundary. which has jurisdiction over the portion of the The wilderness designation will give an im- This area contains examples of every eco- park that is east of the continental divide, has portant additional level of protection to most of system present in the park. The park’s dra- already decided how extensive the water the national park. Our National Park System matic stretch of the Continental Divide, fea- turing Longs Peak (which has an elevation rights are in its portion of the park: the court was created, in part, to recognize and pre- of 14,251 feet) and other peaks over 13,000 has ruled that the park has reserved rights to serve prime examples of outstanding land- feet, dominate this area. Former reservoir all water within the park that was unappropri- scape. At Rocky Mountain National Park in sites at Blue Bird, Sand Beach, and Pear ated at the time the park was created. As a particular, good Park Service management Lakes, previously breached and reclaimed, result of this decision, in the eastern half of over the past 82 years has kept most of the are included in the wilderness. The new wil- the park there literally is no more water with park in a natural condition. And all the lands derness incorporates a portion of the Indian regard to which either the park or anybody that over covered by this bill are currently Peaks Wilderness that was transferred to the else can claim a right. being managed, in essence, to protect their park in 1980, when the boundary between the park and the Arapaho-Roosevelt National So far as I have been able to find out, this wilderness character. Formal wilderness des- Forest was adjusted to follow natural fea- has not been a controversial decision, be- ignation will no longer leave this question to tures. cause there is a widespread consensus that the discretion of the Park Service, but will AREAS EXCLUDED FROM WILDERNESS there should be no new water projects devel- make it clear that within the designated areas DESIGNATION oped within Rocky Mountain National Park. there will never be roads, visitor facilities, or The following areas are not included in the And because the park sits astride the con- other manmade features that interfere with the wilderness designation: tinental divide, there's no higher land around spectacular natural beauty and wilderness of Roads used for motorized travel, water from which streams flow into the park, mean- the mountains. storage and conveyance structures, build- ing that there is no possibility of any upstream This kind of protection is especially impor- ings, and other developed areas are not in- diversions. tant for a park like Rocky Mountain, which is cluded in wilderness. Parcels of privately owned land or land On the western side of the park, the water relatively small by western standards. As sur- subject to life estate agreements in the park court has not yet ruled on the extent of the rounding land development and alteration has are also not included. park's existing water rights there. However, as accelerated in recent years, the pristine nature Water diversion structures (see below). a practical matter, the Colorado-Big Thompson of the park's backcountry has become an in- WATER RIGHTS Project has extensive, senior water rights that creasingly rare feature of Colorado's land- The legislation explicitly creates a federal give it a perpetual call on all the water flowing scape. reserved water right for a quantity of water out of the park to the west and into the Colo- Further, Rocky Mountain National Park's sufficient to fulfill the purposes of the wil- rado River and its tributaries. Thus, as a prac- popularity demands definitive and permanent derness designation. The priority date is the tical matter under Colorado water law, nobody protection for wild areas against possible pres- date of enactment of the bill. This general can get new consumptive water rights to take sures for development within the park. While provision is identical to the provision in- water out of the streams within the western only about one-tenth the size of Yellowstone cluded in the 1988 legislation designating part of Olympic National Park, in the state side of the park. National Park, Rocky Mountain sees nearly of Washington, as wilderness. And it's important to emphasize that any wil- the same number of visitors each year. The legislation, however, includes special derness water rights amount only to guaran- This bill will protect some of our Nation's fin- provisions reflecting the unique cir- tees that water will continue to flow through est wild lands. It will protect existing rights. It cumstances of Rocky Mountain National and out of the park as it always has. This pre- will not limit any existing opportunity for new Park, where a reservation on wilderness serves the natural environment of the park. water development. And it will affirm our com- water rights is probably just a theoretical But it doesn't affect downstream water use. mitment in Colorado to preserving the very matter. A Colorado water court with juris- Once water leaves the park, it will continue to features that make our State such a remark- diction over the portion of the park east of the Continental Divide has ruled that the be available for diversion and use under Colo- able place to live. federal government already has rights to all rado law. ROCKY MOUNTAIN NATIONAL PARK previously unappropriated water in the park, Against this backdrop, my bill deals with wil- WILDERNESS ACT OF 1996—FACT SHEET through the federal reserved water right derness water rights in the following ways: WILDERNESS BOUNDARIES arising from the creation of the national First, it explicitly creates a Federal reserved The bill will designate the Rocky Moun- park. Recognizing this, a special provision of water right to the amount of water necessary tain National Park Wilderness, which will the bill provides that for this area those ex- to fulfill the purposes of the wilderness des- include 91 percent of the park. The wilder- isting reserved water rights shall be deemed ignation. This is the basic statement of the re- ness area will include a total of 240,700 acres, sufficient to serve as the wilderness reserved served water rights doctrine, and is the lan- in four separate sections: rights; this will prevent unnecessary water The northernmost section of wilderness is rights adjudication. guage that Congress used in designating the 82,040 acres north of Fall River Road and east West of the Continental Divide, where a Olympic National Park Wilderness, in Wash- of the Grand River ditch. It includes large different water court has jurisdiction, a de- ington, in 1988. areas of alpine, sub-alpine-forest, wet-mead- termination has not yet been made of the ex- Second, the bill provides that in any area of ow, and montane-forest ecosystems. The tent of the national park’s existing reserved the park where the United States, under exist- dominant geographic features are the rights in that portion of the park. If that ing reserved water rights, already has the right Mummy Range and Specimen Mountain. water court determines (as the water court to all unappropriated water, then those exist- This portion of the wilderness extends to the in the east already has) that the federal gov- ernment already has reserved water rights to ing rights shall be deemed sufficient to serve park’s north boundary, adjoining the exist- ing Comanche Peak Wilderness on the Roo- all previously unappropriated water in the as the wilderness water rights, too. This sevelt National Forest. western portion of the park, then those means that there will be no need for any cost- A relatively small section of the wilderness water rights, too, would be deemed sufficient ly litigation to legally establish new water lies between Fall River Road and Trail Ridge to satisfy the reservation of new wilderness rights that have no real meaning. Right now, Road, and includes approximately 4,300 water rights for that portion of the park. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E7 However, as a legal and practical matter, Requirement to Recruit in the U.S. Labor eligible Americans voted, the lowest voter the Colorado-Big Thompson Project of the Market (Section 2(a)(3)—Each petitioning turnout since 1924. More than 90 million reg- Bureau of Reclamation has senior water employer will have to attest that it had at- istered voters failed to vote. rights outside and downstream from the tempted to recruit a U.S. worker, offering at While voter apathy under motor voter is un- park that are so extensive that the project least 100 percent of the actual wage or 100 has a perpetual call on all water flowing into percent of the prevailing wage, whichever is settling, there is another, more compelling, the Colorado River and its tributaries from greater, paid by the employer for such work- reason to rethink the soundness of the law. It all portions of the national park west of the ers, as well as the same benefits and addi- has allowed for voter fraud on a national Contential Divide. As a result, it is not pos- tional compensation provided to similarly- scale. The law does not contain a provision to sible under Colorado law for anybody to ac- employed workers by the employer. preclude illegal registration and voting. More- quire new consumptive water rights within Special rules for Dependent employers over, motor voter creates obstacles for State the western half of the park, so there could (Section 2(b))—A petitioning employer who election officials who are dedicated to main- is dependent on H–1B workers (4 or more H– not be any new water development that taining the accuracy of their voter rolls. It re- could be affected by the new wilderness 1B employees in a workforce of less than 41 water rights. workers or at least 10 percent of employees if quires States to keep registrants who fail to Further, of course, the new wilderness at least 41 workers): vote or who are unresponsive to voter reg- water rights would be only for in-stream a. would have to take ‘‘timely, significant, istration correspondence to be maintained on flows (not for diversion and/or consumption), and effective steps’’ to recruit and retain suf- voter registration rolls for years. As a result, and therefore would amount only to a guar- ficient U.S. workers to remove as quickly as children, cats, dogs, a pig, deceased people, antee or continued natural water flows reasonably possible the dependence on H–1B and noncitizens registered to vote. In North through and out of the park. Once water foreign workers. Carolina, thanks to motor voter, a 14-year-old leaves the park, it would continue to be b. would be required to pay an annual fee available for appropriation for other pur- (based on the H–1B’s annual compensation) boy registered and voted. Mr. Speaker, partici- poses of the same extent as it is now. in order to employ an H–1B worker—5% in pation in the electoral process is one of our EXISTING WATER FACILITIES the first year; 7.5% in the second, and 10% in most precious rights of citizenship. We should Boundaries for the wilderness designated the third. Fees will be paid into private in- not make a mockery of voting by unneces- in this bill are drawn to exclude existing dustry—specific funds that would use the sarily exposing it to fraud. water storage and water conveyance struc- money solely to finance training or edu- The National Voter Registration Act is noth- tures, assuring continued use of Grand River cation programs for U.S. workers to reduce ing more than a costly and dispensable Fed- Ditch and its right-of-way; the east and west the industry’s dependency on foreign work- eral mandate on the States. The States carry portals of the Adams Tunnel of the Colorado- ers. Increased penalties (Section 2(c)—Pen- the responsibility of administering all elections. Big Thompson Project (CBT); CBT gaging They should, therefore, be allowed to exercise stations; and Long Draw Reservoir. The bill alties are increased for false H–1B employer includes an explicit provision guaranteeing attestations. their discretion over registration procedures that it will not restrict or affect the oper- Job contractors obligations (Section free of unwarranted Federal intervention. ation, maintenance, repair, or reconstruc- 2(a)(5))—Petitioning employers who are job Motor voter has been tested and it failed tion of the Adams Tunnel, which diverts contractors (as defined by the Department of miserably. I strongly encourage my colleagues water under Rocky Mountain National Park Labor), would be required to make the same to join me in repealing the law. attestations as would the direct employers. (including lands that would be designated as f wilderness by the bill). The bill also deletes Peirod of admission reduced (Section a provision of the original national park des- 2(d)(2))—The maximum stay under an H–1B TRIBUTE TO THE LATE BRIAN D. ignation legislation that gives the Bureau of visa is reduced to 3 years, instead of the ex- MYERS, SR. Reclamation unrestricted authority to de- isting 6 years. velop water projects within the park. Residence abroad requirement (Section 2(e))—H–1B workers required to have a resi- f HON. GERALD B.H. SOLOMON dence abroad that they have no intention of OF NEW YORK abandoning. PROTECTING AMERICAN WORKERS IN THE HOUSE OF REPRESENTATIVES For many years the hardworking American ACT OF 1997 Tuesday, January 7, 1997 worker has been forced to compete with HON. JOHN CONYERS, JR. underpriced foreign workers. The current H± Mr. SOLOMON. Mr. Speaker, it's with the OF MICHIGAN 1B program allows this unfair competition to deepest sorrow that I note the loss of a volun- IN THE HOUSE OF REPRESENTATIVES occur even on our own soil. I urge the expedi- teer fireman in the line of duty in our district on the first day of the year. Tuesday, January 7, 1997 tious adoption of this measure during the 105th Congress. Brian D. Myers, Sr., was a hero in every Mr. CONYERS. Mr. Speaker, the Protecting f sense of the word. They are all heroes, these American Workers Act of 1997 will reform the men and women from all walks of life who current temporary employment immigration H± REPEAL THE NATIONAL VOTER give so generously of their time and who, as 1B program and eliminate abuses by employ- REGISTRATION ACT Brian Myers' loss reminds us, risk their lives to ers which hurt American workers. A recent give their rural communities outstanding fire audit by the Department of Labor's inspector HON. BOB STUMP protection. general found that the programs which allow OF ARIZONA Brian Myers, Sr., was a member of the entry to thousands of temporary and perma- IN THE HOUSE OF REPRESENTATIVES Schuyler Hose Co., which responded to a res- nent foreign workers fail to adequately protect taurant fire on New Year's Day. The details the jobs, wages, and working condition of U.S. Tuesday, January 7, 1997 are still not known, but we do know that Myers workers. Mr. STUMP. Mr. Speaker, I am again intro- was last seen inside the burning structure For far too long, employment based immi- ducing legislation to repeal the National Voter fighting the blaze. His son, Brian Jr., and an- gration has been used to displace American Registration Act of 1993, the so-called ``motor other fireman were also injured. workers, instead of filling temporary employ- voter'' bill. Mr. Speaker, as a former volunteer fireman ment shortages. My legislation will permit the The law went into effect on January 1, myself in my hometown of Queensbury for Department of Labor to administer an employ- 1995. It requires States to establish voter reg- over 20 years, I know the sacrifices these vol- ment based immigration program that serves istration procedures to allow individuals to reg- unteers make. Every year, they save count- the temporary needs of employers while at the ister to vote through the mail and when they less lives and billions of dollars worth of prop- same time protecting the American worker. are conducting other government-related busi- erty in New York State alone. Their dedication The bill will amend the H±1B skilled tem- ness, such as applying for a driver's license or is matched by their increasing professionalism. porary visa program as follows: at certain public assistance agencies. We owe them an enormous debt of gratitude. No-Layoff provision to the H–1B program Supporters of motor voter have argued that Tragically, our debt to Brian Myers, Sr., cannot (Section 2(a)(2))—Under this section of the easing voter registration requirements would be repaid. bill an employer will have to attest that an invigorate voter turnouts. However, as last Typical of volunteer firemen, Myers was ac- American worker was not laid off or other- wise displaced and replaced with H–1B non- year's elections clearly displayed, the law did tive in other community endeavors, especially immigrant foreign workers within 6-months not meet its goal. Although massive numbers at his church. He will be missed by his family, prior to filing or 90 days following the appli- of new voters were placed on the rolls under his fire company, and his community. cation and within 90 days before or after the motor voter, they did not take the initiative to Mr. Speaker, I ask all members to join me filing of a petition based on that application. cast their ballots. In fact, a mere 49 percent of in expressing heartfelt condolences to his E8 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 widow, Ronalee, and the rest of the family, way. It will merely provide an opportunity for sports combinedÐincluding the 1994±95 strike and a posthumous salute to a fallen hero, the consumers of Internet services to protect which ended the possibility of a World Series Brian D. Myers, Sr., of Schuylerville, NY. their privacy if they so wish. After all, the pres- for the first time in 90 years and deprived our f ervation of our privacy is one of our Nation's cities of thousands of jobs and millions of dol- most cherished freedoms, which unchecked lars in tax revenuesÐwe can no longer afford CONSUMER INTERNET PRIVACY technology must not be allowed to circumvent. to treat professional baseball in a manner en- PROTECTION ACT OF 1996 f joyed by no other professional sport. The bill I am introducing today is based on HON. BRUCE F. VENTO END THE ABUSE OF PUSH POLLS a legislation approved by the Senate Judiciary OF MINNESOTA Committee last Congress and is similar to leg- IN THE HOUSE OF REPRESENTATIVES HON. JOSEPH R. PITTS islation adopted by the House Judiciary Com- OF PENNSYLVANIA mittee during the 103d Congress partially re- Tuesday, January 7, 1997 pealing the antitrust exemption. Because con- IN THE HOUSE OF REPRESENTATIVES Mr. VENTO. Mr. Speaker, the age of the cerns have previously been raised that by re- Internet puts more and more Americans on- Tuesday, January 7, 1997 pealing the antitrust exemption we could lineÐevolving faster than we ever imagined. Mr. PITTS. Mr. Speaker, in recent years, somehow be disrupting the operation of the Each day new companies and industries grow many campaigns have used unsubstantiated minor leagues, or professional baseball's abil- out of the constant technological innovation allegations against an opponent in their polls. ity to limit franchise relocation or jointly nego- that has come to symbolize this information While these push polls may be sound politics tiate network broadcasting arrangements, the superhighway. The Internet has reached into to some, I believe that the use of negative, legislation carefully eliminates these matters our schools, businesses, and homes. It has al- suggestive, and unfounded information in a from the scope of the new antitrust coverage. lowed average Americans sitting in the privacy poll fails to meet the democratic goal of per- After advocating repeal of the exemption for of their living rooms to connect with and ex- suading voters with truth and fairness. many years, I believe the time is finally ripe for plore the world. The Internet provides us with That's why I introduced the Push Poll Dis- enactment of this legislation. In the past some entertainment, information, and communica- claimer Act today. This bill will discourage the legislators had objected to legislating in this area because of their hesitancy to take any tion. But with all the wonders of the Internet practice of slandering a candidate in a Federal action which could impact the ongoing labor comes the potential for problems. Today, I am election under the guise of a legitimate poll. dispute. But because the owners and players introducing the Consumer Internet Privacy The Push Poll Disclaimer Act will require that have recently agreed to enter into a new col- Protection Act of 1997 in an effort to address any person or organization conducting a poll lective bargaining agreement, this objection no just one such glaring problem. by telephone give the source of any informa- To gain access to the Internet's endless longer exists. tion provided in the poll, or a statement that In addition, the baseball owners have web of sites, users must work through an there is no source if this is the case. Further, agreed to work with the players to seek a par- Internet provider or server. While these serv- my bill will require that the identity of the per- tial repeal of the antitrust exemption as part of ers provide a valuable service to their cus- son or group sponsoring the poll, as well as their new labor accord. Their memorandum of tomers, they are also capable of collecting an the identity of the caller, be disclosed. understanding provides, ``[t]he clubs and the enormous amount of personal information Mr. Speaker, it is vital that we work together [Major League Baseball Players Association] about these individual consumers. Besides the to reduce the negative impact push polls have will jointly request and cooperate in lobbying personal information an Internet server may on the Federal election process. I urge that the Congress to pass a law clarifying that collect when they enroll a subscriber, servers the provisions in my bill be included in the Major League baseball players are covered are also capable of identifying the sites their larger campaign finance reform bill which is under the antitrust laws (i.e., that major league subscribers visit. Without doubt such informa- expected to be considered this Congress. I players will have the same rights under the tion would be quite valuable to those inter- thank the Speaker, and look forward to work- antitrust laws as do other professional ath- ested in marketing, while providing servers ing with him during the 105th Congress on this letes, e.g., football and basketball players), with yet another source of revenue for provid- important issue. along with a provision which makes it clear ing such personal and private information f that passage of the bill does not change the about consumers. The resultÐsubscribers are application of the antitrust laws in any other inundated with junk mail and/or e-mail, based BASEBALL FANS AND COMMU- context or with respect to any other person or on such sales of their profiles to third parties. NITIES PROTECTION ACT OF 1997 entity.'' My legislation is intended to inform and pro- I have asked that the bill be introduced as tect the privacy of the Internet user by requir- HON. JOHN CONYERS, JR. H.R. 21, in honor of the courageous center ing servers to obtain the written consent of OF MICHIGAN fielder, Curt Flood. Mr. Flood, one of the their subscribers before disclosing any of their IN THE HOUSE OF REPRESENTATIVES greatest players of his time, risked his career personal information to third parties. In addi- when he challenged baseball's reserve clause tion, my bill requires a server to provide its Tuesday, January 7, 1997 after he was traded from the St. Louis Car- subscribers access to any personal informa- Mr. CONYERS. Mr. Speaker, today I am in- dinals to the Philadelphia Phillies. Although tion collected by the server on its users, along troducing the ``Baseball Fans and Commu- the Supreme Court rejected Flood's challenge with the identity of any recipients of such per- nities Protection Act of 1997.'' It is time that in 1972, we all owe a debt of gratitude for his sonal information. Congress finally steps up to the plate and willingness to challenge the baseball oligarchy. While this bill addresses many concerns, I ends baseball's antitrust exemption which was Professional baseball is now a more than $2 do not view this legislation as a final draft, at the root of the debilitating strike of 1994±95. billion annual business and the time has long complete with every detail, but rather as a first Professional baseball is the only industry in since passed when it could be contended that step down a road we are bound to travel. Ob- the United States that is exempt from the anti- baseball did not constitute ``interstate com- viously, issues involving the Internet are new trust laws without being subject to alternative merce.'' There is bipartisan support in both the and complex and deserve careful and thought- regulatory supervision. This circumstance re- House and Senate for taking action on this ful consideration. The Internet touches an in- sulted from an erroneous 1922 Supreme Court issue, and I look forward to Congress finally credible and increasing number of people and decision holding that baseball did not involve repealing the longstanding anomaly of base- industries, and it is clear that the perspective ``interstate commerce'' and was therefore be- ball's antitrust exemption. and input from these interests are vital to the yond the reach of the antitrust laws. Congress f success of this process. has failed to overturn this decision despite THE STATE WATER SOVEREIGNTY As the Internet becomes a more integral subsequent court decisions holding that the PROTECTION ACT part of our daily lives, it is important that we other professional sports were fully subject to in Congress take a commonsense approach, the antitrust laws. like this proposed legislation, to ensure the There may have been a time when base- HON. MICHAEL D. CRAPO OF IDAHO citizens of our Nation are able to benefit and ball's unique treatment was a source of pride IN THE HOUSE OF REPRESENTATIVES retain a voice in the use of this technology and distinction for the many loyal fans who without involuntarily sacrificing their personal loved our national pastime. But with baseball Tuesday, January 7, 1997 privacy. My legislation will not hamper the suffering more work stoppages over the last Mr. CRAPO. Mr. Speaker, I rise to introduce growth and innovation of the Internet in any 25 years than all of the other professional the State Water Sovereignty Protection Act, a January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E9 bill to preserve the authority of the States over caused him to reluctantly leave the family farm Mr. Speaker, I look forward to working with waters within their boundaries, to delegate the business he so loved. You see, a tragic farm- my colleagues in the 105th Congress to enact authority of the Congress to the States to reg- ing accident cost Ray his leg. Yet, as he this legislation. ulate water, and for other purposes. recuperated at his home, I paid him a visit f Since 1866, Congress has recognized and along with the current town supervisor, John deferred to the States the authority to allocate Murphy. It was there, in the face of so much CREATION OF A ‘‘RETIREE VISA’’ and administer water within their borders. The adversity that Ray decided to serve the com- Supreme Court has confirmed that this is an munity he so loved and run for town super- HON. BILL McCOLLUM appropriate role for the States. Additionally, in visor of Hoosick. Little did we know then that OF FLORIDA 1952, the Congress passed the McCarran his decision would bear a second career of 23 IN THE HOUSE OF REPRESENTATIVES years in public service. Not only did Ray go on amendment which provides for the adjudica- Tuesday, January 7, 1997 tion of State and Federal water claims in State to two successful terms as town supervisor, water courts. but he served as the town clerk from 1977 Mr. McCOLLUM. Mr. Speaker, I am intro- However, despite both judicial and legisla- until just this past December 31, 1996, when ducing legislation to create a retiree visa for tive edicts, I am deeply concerned that the ad- he retired from public service. But those of us various people who would like to spend some ministration, Federal agencies, and some in who know him know that Ray will still be seen of their retirement years in the United States. the Congress are setting the stage for ignoring about town, whether it be at church, or at the Let me give you an example of how this will long established statutory provisions concern- many civic organizations he also belongs to work by using August and Gerda Welz as an ing State water rights and State water con- and has served. example. tracts. The Endangered Species Act, the I've always been one to judge people based August and Gerda Welz have spend more Clean Water Act, the Federal Land Policy on what they return to their community. Ray than $380,000 in the United States since tak- Management Act, and proposed wilderness Calhoun has given all he can and then some. ing up a residence in Palm Coast, FL, 3 years legislation have all been vehicles used to But to me Mr. Speaker, he's even more than ago. Native Germans, the Welzs saw Florida erode State sovereignty over its water. that. Ever since my mother and I were left by as an ideal place to spend their retirement It is imperative that States maintain sov- my natural father shortly after I was born, I years, with its pleasant climate and sound ereignty over management and control of their have always looked to men I admire as a fa- economy. They own a home, pay taxes, and water and river systems. All rights to water or ther figure. For me, Ray has always been just volunteer in the community. reservations of rights for any purposes in such a father image. Someone I more than What they did not realize, however, was States should be subject to the substantive admire, someone I have tried to model myself how many problems they would encounter in and procedural laws of that State, not the Fed- after in life. meandering through the United States' immi- eral Government. To protect State water Mr. Speaker, we all would do ourselves and gration laws. rights, I am introducing the State Water Sov- our communities a great service to model our- To encourage more business and tourist ereignty Protection Act. selves after Ray Calhoun. At this time, I would travel to the United States, the Immigration f ask that you and all Members of the House and Naturalization Service established the rise with me and the town of Hoosick, NY, in Visa Waiver Pilot Program [VWPP], which has RAY CALHOUN DAY CELEBRATED recognition of a great American on his day, benefited many citizens from eligible countries. IN CONGRESS Ray Calhoun Day, to be celebrated this Janu- Narrow in scope, however, it only pertains to ary 12, 1997. those who come to the United States for 90 HON. GERALD B.H. SOLOMON f days or less. Couples such as the Welzs rep- resent the growing number of foreign travelers OF NEW YORK INTRODUCING CROWN JEWEL who wish to stay for an extended period of IN THE HOUSE OF REPRESENTATIVES LEGISLATION time or even retire in the United States. Unfor- Tuesday, January 7, 1997 tunately, they must still jump through an un- Mr. SOLOMON. Mr. Speaker, every now HON. JENNIFER DUNN reasonable number of hoops. and then, you come across an individual who OF WASHINGTON Having to navigate through such a complex exemplifies the spirit and ethics on which this IN THE HOUSE OF REPRESENTATIVES set of rules and regulations is an unnecessary country was found. Ray Calhoun from the Tuesday, January 7, 1997 disincentive to foreign tourists looking to retire town of Hoosick, NY, in my congressional dis- Ms. DUNN. Mr. Speaker, it gives me great in the United States. My legislation would help trict is just such a man in every aspect of his pleasure today to introduce the Crown Jewel remedy this. life. I have had the privilege of knowing Ray National Parks Act. This legislation will require The proposed visa would be available to for better than a quarter of a century now in the President to submit a specific budget re- citizens from those countries participating in both public and private life and it is with great quest for our 54 national parks so that for the the VWPP, as well as Canada. This diverse pride that I call him friend. first time, our national parks would have their group includes countries such as Japan, Mr. Speaker, there are so many things I ad- own specific and separate line-item to ensure Spain, and Germany. Applicants would have mire about Ray I don't even know where to that their funding is a top priority. to be at least 55 years of age, own a resi- start so why not with the beginning. Ray was We are truly blessed in this Nation with a dence in the United States, maintain health born on Christmas eve 1922 and raised on his national park system that is second to none coverage, and receive income at least twice father's dairy farm. They were a family farm and serves this Nation as one of the top vaca- the Federal poverty level. The applicant would and supplied local citizens and stores with tion choice of families, individuals and visitors also be required to maintain a residence in his fresh milk. As was typical at the time, Cal- world-wide. or her country of citizenship. houn's farm became part of the fabric of the In my State of Washington, we have the Perhaps the most attractive feature is that local community as the Calhoun's, Ray and good fortune of having three national parks. the visa would be valid for up to 4 years, alle- his father and brother, became renowned for Mount Rainier National Park, the North Cas- viating the burdensome expense of frequent their service and pride in their work. cades National Park, and the Olympic National travel. It would be renewable as long as the Ray remained on that farm for the first 50 Park. Like many of our older national parks, application was filed from the retiree's country years of his life. It was there, rising at the they are suffering from lack of funding creating of citizenship. crack of dawn, plowing and tending to the maintenance and construction backlogs that Mr. Speaker, it is important to clarify that the fields, harvesting the crops, and looking after continue to build up year after year. Also, the proposed visa would only be available to non- the herd that Ray Calhoun, the man, was popularity of our parks has increased dramati- immigrants, and would not provide work au- shaped. cally over the last decade and funding for thorization or eligibility for any Federal means- So it seems to me, Mr. Speaker, that we roads and trails has not kept pace. tested programs. In its simplest terms, the visa owe a lot to that farm. For it was there that While we significantly increased funding for would serve as a much needed mechanism in Ray Calhoun developed his tremendous work the National Park Service in the 104th Con- which foreign retirees would have the oppor- ethic, his inner pride, and most importantly to gress, we must not allow money from one tunity to comfortably reside in the United those in Hoosick and the surrounding area, his park account to be haphazardly moved to an- States. willingness to do more than the norm. other without any constraints. Our national It goes without saying that ensuring proper Mr. Speaker, nothing better exemplifies parks are too important to be left to the discre- immigration procedures is critical to our Na- Ray's pride and resolve than the event that tion of bureaucrats. tion's well-being. Still, there is absolutely no E10 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 reason to discourage anyone from coming to With brutality on the other hand, these days, According to the Government Accounting FloridaÐor anywhere else in the United incidents of brutality at least come to light. The Office [GAO], tuition at 4-year public colleges StatesÐto retire. culprits may not be punished for their acts, but and universitiesÐwhere two-thirds of U.S. col- Foreign travelers supply a healthy boost to it is getting harder for the police to brutalize lege students attend classesÐhas increased our economy, and are an important part of minorities without any fear of reprisals. 234 percent over the past 15 years. In con- many of our communities. By simplifying the The same cannot be said for harassing traf- trast, median household income rose only 82 process for this unique group of retirees, this fic stops. Police can stop the cars of minorities percent and the cost of consumer goods rose proposal would provide new and exciting op- with total impunity. In fact, the Supreme Court just 74 percent in the same period. GAO also portunities to couples such as the WelzsÐa recently expanded police powers by holding has found that increases in grant aid have not practice that would benefit all parties involved. that police need not inform individuals stopped kept up with tuition increases at 4-year public f that they have a right not to consent to a colleges. As a result, families are relying more search of their vehicles. on loans and personal finances to pay for TRAFFIC STOPS STATISTICS ACT Thus it appears that the problem of police school. For example, in fiscal year 1980, the stops is only going to increase. For this rea- average student loan was $518; in fiscal year HON. JOHN CONYERS, JR. son, I am introducing the Traffic Stops Statis- 1995, it rose to $2,417, an increase of 367 OF MICHIGAN tics Act. This bill will force police departments percent. IN THE HOUSE OF REPRESENTATIVES to keep track of the race and alleged traffic in- The U.S. Department of Education reports Tuesday, January 7, 1997 fractions of those they stop. It will also require that for the 1994±95 academic year, annual them to note the rationale for any subsequent undergraduate charges for tuition, room, and Mr. CONYERS. Mr. Speaker, African-Ameri- search and the contraband recovered in the board were estimated to be $5,962 at public cans across the country are familiar with the course of that search. In this way, we will in- colleges and $16,222 at private colleges. Be- offense of DWB, driving while black. There are crease police awareness of the problem of tween 1980 and 1994, college tuition, room, virtually no African-American malesÐincluding targeting minorities for car searches and we and board at public institutions increased from Congressmen, actors, athletes, and office can discover the extent of the problem and 10 to 14 percent of median family incomeÐfor workersÐwho have not been stopped at one hopefully reduce the number of discriminatory families with children 6 to 17 years old. At pri- time or another for an alleged traffic violation, traffic stops. vate institutions, these costs increased from namely driving while black. f 23 to 41 percent of median family income be- Law enforcement representatives may admit tween 1979 and 1993. to isolated instances of racially targeted police INTRODUCTION OF THE HIGHER Mr. Speaker, making higher education more stops, but they deny that such harassment is EDUCATION ACCUMULATION affordable for more families must be a top pri- routine. the numbers belie this argument. Al- PROGRAM ACT OF 1997 ority for the 105th Congress. I urge my col- though African-Americans make up only 14 leagues to join me in this effort to provide a percent of the population, they account for 72 HON. ANNA G. ESHOO much-needed helping hand to American fami- percent of all routine traffic stops. This figure OF CALIFORNIA lies. is too outrageous to be a mere coincidence. IN THE HOUSE OF REPRESENTATIVES f The Ninth Circuit Court of Appeals reached a similar conclusion after considering the 1993 Tuesday, January 7, 1997 REPEAL THE ESTATE TAX case of a Santa Monica police officer who was Ms. ESHOO. Mr. Speaker, I rise today to found to have violated the rights of two black renew my drive to help parents save for their HON. JOSEPH R. PITTS men he stopped and arrested at gunpoint. The children's higher education by introducing the OF PENNSYLVANIA court found that the case was an example of Higher Education Accumulation Program IN THE HOUSE OF REPRESENTATIVES how police routinely violate the constitutional [HEAP] Act of 1997. This initiative, which I rights of minorities, particularly black men, by also introduced in the prior two Congresses, Tuesday, January 7, 1997 stopping them without just cause. establishes special IRA-like savings accounts Mr. PITTS. Mr. Speaker, today I introduced But lawsuits alone cannot solve this prob- so that parents are motivated to save for their a bill to repeal the estate tax which has bur- lem. Last November, the American Civil Lib- children's higher education. dened so many farmers and small business erties Union sought a fine for contempt of There is no greater investment that families owners in the 16th District of Pennsylvania. court against the Maryland State police, argu- can make in their future than giving their chil- With the repeal of this tax, more families in ing that police are still conducting a dispropor- dren a chance to pursue higher education. Un- Lancaster and Chester Counties can hold onto tionate number of drug searches of cars driv- fortunately, tuition increases have made col- their hard-earned family legacies. en by African-Americans almost 2 years after lege unaffordable for so many families. As a Mr. Speaker, the estate tax is one of Ameri- agreeing to stop as a result of a 1992 lawsuit. result, families are being forced to go deeper ca's most illogical taxes. After a person's Despite the agreement, State police statis- into debt or tap into their life savings in order death the IRS collects between 37 and 55 per- tics show that 73 percent of cars stopped and to give their children a chance to prepare cent of all assets transferred which are valued searched on Interstate I±95 between Baltimore themselves for the 21st century. at more than $600,000. The ``death tax'' dis- and Delaware since January 1995 were con- Under my initiative, parents can deposit up courages savings, penalizes the sound prac- ducted on the cars of African-Americans de- to $5,000 per year tax deferred in a HEAP ac- tices of capital formation and investment, and spite the fact that only 14 percent of those count for their child's college or other higher puts many family owned farms and busi- driving along that stretch were black. More- education. Only one child can be the bene- nesses in jeopardy after the loss of a loved over, police found nothing in 70 percent of ficiary of each HEAP accounts. While multiple one. those searches. HEAP accounts could be established by a In addition, Mr. Speaker, the estate tax is The evidence clearly shows that African- family, parents would be limited to a maximum expensive to collect. The IRS spends approxi- Americans are being routinely stopped by po- tax deferment of $15,000 per year. Married mately 65 percent of the revenue it collects lice simply because they are black. It is ex- parents filing separate returns would be limited from this tax on enforcement of the estate tax actly this sort of unfair treatment that leads mi- to $2,500 in deferments per account, up to a code. Further, the estate tax accounts for less norities to distrust the criminal justice system. maximum of $7,500. than 1 percent of annual Federal revenue. Fi- If we expect everybody to abide by the rules, With a HEAP account, one-tenth of any nally, it is expected that the repeal of this tax we must ensure that those rules are applied amount withdrawn for educational expensesÐ could create an increase in revenue for the equally to everybody, regardless of race. including tuition, fees, books, supplies, meals, Federal Government in the future, as families In many ways, this sort of harassment is and lodgingÐat eligible institutions would be will be able to invest their savings and gen- even more serious than police brutality. Not to included in the gross income of the beneficiary erate more taxable income. minimize the problem of brutality, but these for tax purposes each year over a 10-year pe- Mr. Speaker, the reason many people work stops, this sort of harassment is more insid- riod. If a person withdrew money from a HEAP so hard is to make life better for their children. ious. Almost every African-American man will account for purposes other than paying for New businesses, especially minority-owned be subject to this sort of unfair treatment at higher education, that money would be subject firms, face enough obstacles without having least once, if not many times. And no one to a 10-percent penalty on top of the income the rewards of hard work snatched away at hears about this, no one does anything about tax rate that would apply at the time of with- the end of the first generation. I think it's time it. drawal. that we give control of life savings back to the January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E11 people who have earned them. Let's make policy or practical perspective. The ability to THE FAIR TRADE OPPORTUNITIES ACT sure that farms that have stayed in the family export software, accompanied by a right to re- Introduced by Representative Doug Bereu- for generations aren't sold off due to a bad tax produce that software in the local market, is ter (R–NE) on January 7, 1996.—This legisla- policy. Let's end the outrageous practice of essential to the way the software industry tion was introduced in the last few days of punishing thrift and financial security. Let's does business. Denying the benefits of the the 104th Congress as the Fair Trade Oppor- tunities Act (H.R. 4289). It was slightly modi- end the bias against savings and capital for- FSC rules to software exported through estab- fied, and then reintroduced on the first day mation. Let's encourage saving, investment, lished industry distribution networks poses an of the 105th Congress. and sound, life-long financial management impediment to the competitiveness of U.S. Eliminates outdated U.S. trade law dis- which can provide for a family past a single manufactured software. tinction between ‘‘market’’ and ‘‘nonmar- generation. Let's repeal the estate tax and The United States is currently the world ket’’ economies and replaces it with a more empower our Nation's families. leader in software development, employing appropriate distinction in the post-Cold War f hundreds of thousands of individuals in high- Era between member and nonmember coun- wage, high-skilled U.S. jobs. Much of the ex- tries of the World Trade Organization STATEMENT ON THE INTRODUC- pansion of the industry is due to the growth of (WTO).—Under current U.S. trade law, mar- ket economy countries receive normal tariff TION OF THE SOFTWARE EX- exports. The software industry, like other U.S. PORT EQUITY ACT status automatically and nomarket economy exports, needs FSC benefits to remain com- countries must go through an annual Jack- petitive and keep U.S. jobs here at home. son-Vanik certification process. The Fair HON. JENNIFER DUNN FSC benefits are extremely important in en- Trade Opportunities Act replaces this Cold OF WASHINGTON couraging small and medium-sized software War Era distinction with two categories of IN THE HOUSE OF REPRESENTATIVES companies to enter the export market by help- tariffs—normal tariff status for WTO mem- bers and potential ‘‘snap-back’’ tariffs for Tuesday, January 7, 1997 ing them equalize the cost of exporting. In ad- dition, FSC benefits are needed to help keep non-WTO countries. Ms. DUNN. Mr. Speaker, on this, the first Abolishes annual Most-Favored Nation high-paying software development jobs in the (MFN) process for 17 countries which require day of the 105th Congress, I introduce the United States at a time when foreign govern- Software Export Equity Act and urge my col- annual waiver or certification of compliance ments are actively soliciting software compa- with Jackson-Vanik requirements.—The leagues to support its swift enactment. The nies to move those jobs to their countries. I do President will no longer have to certify that Software Export Equity Act enjoys tremendous not propose any special or unique treatment, these 17 countries meet Jackson-Vanik re- bipartisan support as demonstrated by the nor seek any new or special tax benefit. All quirements before they are entitled to MFN members that join me as original cosponsors, that I propose in this measure is fair treatment or normal tariff status. Also, Congress’ self- Messrs. MATSUI, HERGER, JEFFERSON, CRANE, under existing law. imposed, annual review of the President’s certification is eliminated. [Congress retains NEAL of Massachusetts, MCCRERY, If the goal of this Congress is to pass legis- MCDERMOTT, ENGLISH of Pennsylvania, and Constitutional right (Article 1, Section 8) to lation promoting economic opportunity and raise tariffs on any country at any time.] WELLER. growth in America, then common sense dic- Abolishes Smoot-Hawley (Column #2) tar- Today, the U.S. software industry is a vital tates that we enact the Software Export Equity iffs for all countries except those countries and growing part of the U.S. economy, export- Act. which have not concluded commercial agree- ing more than $26 billion worth of software an- f ments with the United States (i.e. Viet- nually. U.S. software companies perform a nam).—Realistically, these Smoot-Hawley majority of this development work here in the THE FAIR TRADE OPPORTUNITIES tariffs are only imposed on pariah, bad-actor United States. This measure will do more to ACT states, or countries which do not have com- ensure the competitivess of the U.S. software mercial agreements with the United States. industry worldwide than any other single legis- For political, economic, and domestic com- HON. DOUG BEREUTER mercial reasons, threats to impose Smoot- lative change we can enact. OF NEBRASKA Hawley tariffs on other countries are hollow Congress enacted the FSC rules to assist IN THE HOUSE OF REPRESENTATIVES and not taken seriously by foreign govern- U.S. exporters in competing with products ments. Despite the rancorous debates in Con- made in other countries which have more fa- Tuesday, January 7, 1996 gress over the extension of MFN to some vorable tax rules for exports. The FSC statute Mr. BEREUTER. Mr. Speaker, America's countries, Congress is also quite unlikely to was carefully crafted to ensure that only the precious trade leverage is being eroded by impose Smoot-Hawley tariffs because of the value-added job creating activity qualified for outdated trade laws which undermine our harm it would inflict on U.S. companies and FSC benefits. When the statute was enacted Government's credibility and provide little in- workers. Replaces Smoot-Hawley tariffs with broad in 1971, the U.S. software industry did not centive for countries to open their markets. and flexible Presidential authority to raise exist. However, due to a narrow IRS interpre- These laws desperately need to be revised. tariffs (snap-back) on countries which are tation of the FSC rules, the U.S. software in- Today, I have introduced legislation, the Fair not members of WTO.—On a one-time basis dustry is the only U.S. industry that does not Trade Opportunities Act, which abolishes the and within six-months of the enactment of generally receive this export incentive. Nearly MFN trade status process while giving the the legislation, the President is required to every other U.S. manufactured productÐfrom President of the United States broad but flexi- determine if non-WTO countries are ‘‘not ac- airplanes to toothpasteÐqualify for FSC bene- ble authority to raise tariffs on those countries cording adequate trade benefits’’ to the Unit- fits. Although the Treasury Department recog- which are not members of the World Trade ed States. If the President makes such a finding, then the President shall impose nized the inconsistency in providing FSC ben- Organization or which still prohibit emigration. snap-back tariffs on that country six-months efits to licenses of films, tapes and records, all American companies and workers deserve after the determination. In imposing snap- industries that were in existence when the law the right to compete for markets and consum- back tariffs, the President has wide discre- was created, but not to licenses of software, ers throughout the world. They deserve our tion to determine both the amount of the they stated their belief that this problem need- best effort to pry open foreign markets so they tariff and on which categories of products ed to be addressed in legislation rather than can freely sell their products and services. the snap-back tariffs will be imposed. How- by regulation. Treasury has further stated their Bluffing and posturing during Congress' an- ever, under no circumstances can the Presi- strong support for legislation to extend FSC nual MFN process does nothing to help them. dent exceed the legislation’s snap-back tariff ceiling which is the pre-Uruguay round MFN benefits for licenses of computer software. Giving countries which are not members of the tariff rates, i.e., the Column #1 tariff rates in To illustrate the inequitable IRS interpreta- World Trade Organization a ``free-ride'' to our effect on December 31, 1994. tion of FSC rules with regard to software ex- own markets without reciprocal benefits is not Enhances United States Trade Representa- ports, suppose we have two CD ROM'sÐone fair to American workers. tive’s negotiating leverage with countries containing a musical recording, the other con- The Fair Trade Opportunities Act responds which are not WTO members and provides a taining a multimedia software product that also to post-cold war realities by restoring U.S. strong incentive for those countries to liber- provides music. If the master of the musical trade sanction credibility and providing the alize their trade laws and practices and to recording is exported with a right to reproduce President with the tools to open foreign mar- improve their WTO accession offers.—Be- tween enactment of the legislation and the it overseas, the export qualifies for FSC bene- kets. It should be considered in the 105th President’s one-time, six-month determina- fits. If the master of the computer software is Congress if the U.S. Government hopes to re- tion and twelve-month imposition of snap- exported with a right to reproduce it overseas, claim America's precious trade leverage and back tariffs, this legislation gives those non- the export does not qualify for FSC benefits, give our export companies and workers equi- WTO countries time to modify their trade re- a result that makes no sense from either a table access to foreign markets. gimes so as to give American exporters a fair E12 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 chance to compete for consumers in their ing, then the President shall impose snap- for joint filers. This will provide not only incen- markets. After the President’s determina- back tariffs on China six-months after that tives, but needed tax relief for the middle tion and imposition of tariffs, the Fair Trade determination. In imposing snap-back tar- class. Again, these levels are indexed to infla- Opportunities Act gives the President the iffs, the President has wide discretion to de- authority to withdraw the snap-back tariffs termine both the amount of the tariff and on tion. if that country either joins the WTO or the which categories of products the snap-back Turning to 401(k) reforms, currently folks President certifies that the country is ac- tariffs will be imposed. However, under no are hit with tax liability when taking their cording the United States adequate trade circumstances can the President exceed the 401(k) benefits as a lump sum when leaving benefits. In addition, the President can mod- legislation’s snap-back tariff ceiling which is a job even if it is rolled into an IRA. This is not ify, but not eliminate, the snap-back tariffs the pre-Uruguay round MFN tariff rates, i.e., fair. Therefore, under this proposal, people for any reason. the Column #1 tariff rates in effect on De- would not be exposed to tax liability if the Provides President with discretionary au- cember 31, 1994. lump sum distribution is rolled into an IRA thority to impose snap-back tariffs on coun- A study by the Congressional Research within 60 days. tries which unduly restrict emigration.—The Service estimates that if the President were legislation’s emigration standard which trig- to utilize his full snap-back authority on the Just as contribution limits have been in- gers the presidential snap-back authority is top 25 Chinese exports to the United States creased for IRA's in this legislation, they are identical to the current freedom of emigra- (based on 1995 figures), an additional $325 increased for 401(k) plans as well. The tax-de- tion language in the Jackson-Vanik law. million in tariff revenue would be generated ductible contribution limits would be $20,000Ð Does nothing to change current U.S. sanc- for the U.S. treasury. (This estimate is not in 1992 dollarsÐindexed to inflation. tions laws with regard to rogue or pariah adjusted to reflect any downward demand for This would also encourage more firms to states such as Cuba, Iran, Iraq, Libya, and the product due to the increased tariff.) establish defined contribution plans by inject- North Korea.—Many countries, such as the The President would be required to termi- ing some common sense into the law. It would pariah or bad-actor states, retain normal nate the imposed snap-back tariffs on China tariff status with the United States but are on the date China becomes a WTO member or allow firms to meet antidiscrimination require- prohibited from some or all trading with the on the date the President determines that ments as long as they provide equal treatment United States because of U.S. sanctions laws. China is according adequate trade benefits to for all employees and ensure that employees the United States, whichever is earlier. The are aware of the company's 401(k) plan. This THE FAIR TRADE OPPORTUNITIES ACT President would also be able to modify the is truly nondiscriminatory as everyone would COMMON QUESTIONS REGARDING THE LEGISLA- snap-back tariffs for any reason as long as be treated the same. TION’S IMPACT ON THE PEOPLE’S REPUBLIC OF the appropriate congressional committees Finally, this proposal would correct some of CHINA are notified. the serious problems involved with IRA's and What is Congressman Bereuter’s motiva- f 401(k)'s when the beneficiary passes away. tion for the bill?—During the Summer of 1996 A PLAN TO BOOST SAVINGS AND As someone who believes the estate tax is in- in the height of the China Most-Favored Na- herently unfair, indeed I advocate its abolish- tion (MFN) debate, Congressman Doug Be- INVESTMENT reuter (R-NE) promised an attempt to ‘‘end ment, I feel that IRA and 401(k) assets should [that] futile debate.’’ He also vowed to intro- be excluded from gross estate calculations. duce legislation which comprehensively HON. BILL McCOLLUM This bill would do that. Furthermore, an IRA solved the problems created by the MFN OF FLORIDA that is bequeathed to someone should be process, which with respect to China, he IN THE HOUSE OF REPRESENTATIVES treated as the IRA of the person who inherited said, only served to damage Sino-American Tuesday, January 7, 1997 it. Current law forces the disbursement of the relations. Not long after his statement, Be- IRA when the deceased would have turned reuter met with Administration officials and Mr. MCCOLLUM. Mr. Speaker, I am intro- 701¤2 years old. This would change that point- realized that many countries, as well as ducing a bill today which will help all Ameri- China, have little or no incentive to become less provision, allowing the inheritor to hold cans save for their retirement years. It is no the money in savings until he or she turns members of the World Trade Organization secret that our current savings rate is among because they already enjoy full WTO tariff 701¤2. benefits under U.S. MFN law. the lowest in the industrialized world. A low Similarly, anyone receiving 401(k) lump sum Recognizing that other countries, such as savings rate not only adversely impacts a per- payments as a result of a death would not the European Union, do not automatically son's retirement, it does not create much cap- have the amount counted as gross income as extend MFN benefits to nonmembers of the ital available for savings and investment. With- long as it is rolled into an IRA. That amount WTO, Bereuter’s legislation attempts to out this capital, our economy cannot expand would not be counted against the nondeduct- combine both a carrot (the equivalent of per- at its optimal rate. It is my hope that this legis- manent MFN, i.e. normal tariff status) and a ible IRA limit of $4,500. lation, if enacted, would help correct this prob- Mr. Speaker, I am excited about this legisla- stick (minor snap-back tariff increases) ap- lem. proach to induce countries into joining the tion. I expect to introduce this legislation again WTO and eventually gaining normal tariff My legislation would do several things. First, at the beginning of the next Congress and status permanently under U.S. law. This ap- it would increase the amount of money one look forward to hearing debate on it. It is ab- proach steers a delicate middle ground be- may contribute to an Individual Retirement Ac- solutely essential that we continue to encour- tween those who wish to assert America’s count [IRA], from $2,000 to $4,500, and still age personal savings and this is certainly a commercial and foreign policy interests receive full deductibility. This amount is also step in the right direction. more aggressively and those who believe indexed to inflation to protect its value from f American interests are best served by engag- that silent thief of inflation. ing countries, such as China and Russia, This would also remove a disincentive to es- PREVENTING GENETIC DISCRIMI- mutliaterally. Recognizing that the legislation is not tablishing an IRA, that being the fear that the NATION IN HEALTH INSURANCE China-specific, how would the Fair Trade Op- money will not be available without paying a portunities Act affect China’s current trade substantial penalty when you need it. A per- HON. LOUISE McINTOSH SLAUGHTER status and its WTO accession negotiations?— son with an IRA would be able to make with- OF NEW YORK If the Bereuter bill were signed into law, the drawals, without penalty, for a first home pur- IN THE HOUSE OF REPRESENTATIVES President of the United States would no chase, education expenses, long-term care, fi- longer have to annually certify that China nancially devastating health care expenses, Tuesday, January 7, 1997 was complying with the Jackson-Vanik law. and during times of unemployment. Further- Likewise, the United States Congress would Ms. SLAUGHTER. Mr. Speaker, I rise today not have an automatic, expedited procedural more, no taxes would be paid on these with- to announce the introduction of comprehen- mechanism for rejecting any Presidential de- drawals if they are repaid to the IRA within 5 sive legislation to prevent genetic discrimina- cision. [Although Congress may, at any time, years. tion in health insurance, an issue vital to the vote any amount of tariff increases on China Current law offers no incentive for many health of all Americans. because of its Constitutional authority in people to establish IRA's. My bill would allow Scientists are making astounding advances Article I, Section 8.] In short, the current people who do not have access to a defined almost daily in decoding the secrets of our China MFN process would be abolished. contribution planÐe.g., a 401(k) planÐto es- genes, especially through the contributions of On a one-time basis and within six-months of the enactment of the legislation, the tablish a tax-preferred IRA, regardless of their the Human Genome Project. Genes have al- President would be required to determine if income. The legislation would also encourage ready been identified for cystic fibrosis, pros- China is ‘‘not according adequate trade bene- the middle class to establish IRA's by raising tate cancer, multiple sclerosis, Huntington's fits’’ (defined in existing law) to the United the income phase-out levels from $25,000Ð disease, and many other conditions. As chair States. If the President makes such a find- $40,000 for joint filersÐto $75,000Ð$120,000 of the Women's Health Task Force of the January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E13 Congressional Caucus on Women's Issues, I health insurance. We should do so quickly and JOB SKILLS DEVELOPMENT ACT closely followed reports last year that in- decisively by passing the Genetic Information OF 1997 creased funding for breast cancer research Nondiscrimination in Health Insurance Act. had resulted in the discovery of the BRCA1 HON. JOE KNOLLENBERG gene linked to breast cancer. This knowledge f OF MICHIGAN has tremendous potential for improving the IN THE HOUSE OF REPRESENTATIVES ways we identify, treat, and hopefully cure dis- SALUTING DIXIE WILKS-OWENS Tuesday, January 7, 1997 orders. At the same time, there is also the very real possibility that this information could Mr. KNOLLENBERG. Mr. Speaker, I rise be used to discriminate against individuals. HON. ROBERT T. MATSUI today to introduce the Job Skill Development No American should have to worry that their OF CALIFORNIA Act of 1997. This is a narrowly tailored bill genesÐwhich they did not choose, and over IN THE HOUSE OF REPRESENTATIVES which amends the Fair Labor Standards Act which they have no controlÐwill be used [FLSA] of 1938 to ease some of the restric- against them. My legislation would prohibit Tuesday, January 7, 1997 tions on volunteering. health insurers from using genetic information Mr. MATSUI. Mr. Speaker, I rise today to The FLSA requires covered employers to to deny, refuse to renew, cancel, or change salute Dixie Wilks-Owens, who is retiring from compensate individuals defined as an ``em- the terms and conditions of coverage. It would the California Employment Development De- ployee'' with minimum wage and overtime. prevent insurance companies from requesting partment after 27 years of dedicated service. While there are numerous exceptions for vol- or requiring genetic tests, and would require Throughout her career, Mrs. Wilks-Owens has unteers, these exceptions primarily focus on written informed consent before an insurer earned a reputation among her peers as an humanitarian and charitable activities. Unfortu- may disclose genetic information to a third outstanding communicator and public servant nately, individuals seeking to gain valuable party. genuinely enthusiastic about her job and the work experience and exposure in a competi- These protections are absolutely critical, be- opportunities it provides to affect positive tive profession are often prohibited from doing cause genetic discrimination is already occur- change. so because of restrictions on volunteering. ring. Numerous individual cases have been re- The FLSA revolves around a complex Most recently, Mrs. Wilks-Owens served as ported in the press. In addition, polls and stud- scheme of regulations and exceptions. When chairperson of the 1996 Work Force Prepara- ies demonstrate clearly how much the Amer- the Department of Labor and the Federal tion Conference, a highly successful public ican people fear genetic discrimination by courts determine who is and is not exempt, forum on workforce preparation issues which health insurers. This anxiety is so strong that they take into account the type of services was held in conjunction with the Federation of many people are foregoing genetic testingÐ provided by the individual, who benefits from Conferences. even when they have a clear family history of the rendering of the services, and how long it genetic illness and a positive test could lead While at the office of work force policy, Mrs. takes to provide the services. Some of the them to take advantage of effective preventive Wilks-Owens was staff to the State job training most common exceptions are for trainees or medicine. coordinating councils' planning committee. student learners better known as interns. This is a human tragedy Congress can and She prepared agendas and policy issue pa- These exceptions were developed because of must prevent. In the 104th congress, I intro- pers, analyzed Federal and State legislation their educational benefit as well as the poten- duced similar legislation which garnered 76 and made presentations to the SJTCC, task tial to learn valuable skills for future employ- cosponsors and was endorsed by a wide forces, and other committees on work force ment. range of health and consumer groups, includ- preparation issues. However, just as the FLSA protects some, it ing: Alzheimer's Association, American Acad- Prior to this position, Mrs. Wilks-Owens was can be an obstacle for others. Capitol Hill pro- emy of Pediatrics, American Cancer Society, the manager and assistant deputy director of vides an excellent example. Each year hun- American Heart Association, American Medi- the EDD Marketing Services Office. In this dreds of college and high school students cal Women's Association, American Nursing role, she is noted for having developed the travel to Washington, DC, for interships. Many Association, American Public Health Associa- first biennial strategic marketing plan and for of these positions are unpaid or offer a sti- tion, Center for Patient Advocacy, Council for writing and producing the EDD employee pend, well below the minimum wage and over- Responsible Genetics, Foundation on Eco- handbook. In addition, she was an integral time requirements. These individuals gain a nomic Trends, and March of Dimes. force in the planning, developing, and man- better understanding of the legislative process, Leadership Conference of National Jewish agement of a full-functioning reemployment develop office skills, and make contacts that Women's Organizations, which includes: center for displaced legislative staffers left un- are invaluable in securing employment. Mean- American Jewish Congress, Amit Women, employed by Proposition 140. Additionally, she while, the employer is able to evaluate the in- B'nai B'rith, Emunah Women of America, Ha- oversaw the planning and coordination of a tern in a work environment. For both it is a dassah, Jewish Labor Committee, Jewish War broad retraining and reemployment program win-win situation. Veterans, Jewish Women International, serving 5,000 former General Motors workers Two particular individuals on my staff volun- Na'amat USA, National Council of Jewish in Fremont, CA. teered in my office for several months before Women, Inc., National Jewish Community Re- Mrs. Wilks-Owens also served as a Federal they were hired on as full-time paid employ- lations Advisory Council, Union of American legislative specialist in the EDD legislative liai- ees. However, because these two staffers Hebrew Congregations, Women's American son office. There, she tracked and analyzed were recent college graduates and produced ORT, United Synagogue of Conservative Ju- Federal legislation, spearheaded the success- work that benefited my office, they would have daism; and National Association of Black ful 1989 job service campaign and made legis- been prohibited from volunteering their serv- Women Attorneys, National Breast Cancer Co- lative presentations. ices if at the time I would have been forced to alition, National Osteoporosis Foundation, Na- comply with the FLSA. As an active member of the International tional Ovarian Cancer Coalition, National Though Congress has since passed the Association of Personnel in Employment Se- Women's Health Network, National Women's Congressional Accountability Act and now curity [IAPES], she has served as California Law Center, Women's Bar Association, and must adhere to the FLSA, the point is not Legislative chair, California vice president, Women's Legal Defense Fund. moot. Congress and hundreds, if not thou- California president, International Legislative I am hopeful that the 105th Congress will sands, of individuals over the years have ben- chair and District XV representative and Cali- build upon the foundation established by the efited from such programs. In fact, many have fornia Legislative chair. Kassebaum-Kennedy health reform bill. With become employed for the first time because of this new legislation, it is my goal to ensure In addition to her professional pursuits, Mrs. the opportunity and experience they gain that no American woman will have to worry Wilks-Owens has demonstrated a unique com- through interning. I hope we could learn from that if she takes a genetic test for the BRCA1 mitment to her community and is noted as a these instances and not turn our backs on or BRCA2 breast cancer gene, she will lose tireless volunteer and master organizer. those who wish to gain valuable work experi- her insurance coverage; or, that if she devel- Mr. Speaker, it is with great pleasure that I ence. ops breast cancer, she will be denied cov- rise today to recognize Dixie Wilks-Owens for Moreover, as we enter the 21st century and erage for treatment because her genetic pre- her outstanding commitment to her profession. the global marketplace becomes even more disposition will be considered a ``pre-existing I ask my colleagues to join me in wishing her competitive, we must strive to help those who condition.'' Congress has the power to protect continued success in all of her future endeav- wish to enter the work force. Programs like all Americans from genetic discrimination in ors. Careers and School to Work offer some the E14 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 opportunity to gain the necessary skills to already proven to be widely popular in Indian sels. The bill will also reduce the economic compete, but there is still room for improve- country and provides incentive for private hardship on the victims of oil spill, particularly ment. Congress cannot standby and allow in- lenders to participate in housing one of our in fishing communities. This bill is a good dividuals to forego valuable training experi- Nation's most underserved populations. starting point at improving the Oil Pollution Act ence because we have failed to act. Members should remember and be reas- and improving the safety of barges that move The Job Skill Development Act will offer out- sured by the fact that the disposition of loan a commodity that is essential for our economy standing opportunities for future work forces. guarantee programs provides oversight in that safely and without harm to the environment. Its passage will help college graduates and in- Congress must appropriate loan subsidies for f dividuals who have been out of the work force all loans to be guaranteed under these pro- develop the professional skills and experience grams. Thus, the end result of such a perma- IN HONOR OF HOWARD W. COLES they need to become employed. It is a great nent authorization will be smoother operating job training program that does not cost the programs without interruptions resulting from HON. LOUISE McINTOSH SLAUGHTER taxpayers a dime. expired authorizations and congressional over- OF NEW YORK As I mentioned before, this legislation is sight maintained through the annual appropria- IN THE HOUSE OF REPRESENTATIVES narrowly tailored and while it eases the restric- tions process. Tuesday, January 7, 1997 tions on volunteer activity, it does not jeopard- Thank you Mr. Speaker. This Member in- Ms. SLAUGHTER. Mr. Speaker, today I rise ize the important safeguards against employer vites his colleagues to join him as a cosponsor to pay special tribute to the life and legacy of coercion and worker displacement. Moreover, of both of these important housing measures. Mr. Howard Wilson Coles, a pioneering Afri- the intent is not to undermine any of the re- f can-American journalist, who for 62 years re- quirements of minimum wage and overtime, sided in New York's 28th Congressional Dis- but focuses on providing individuals with the INTRODUCTION OF THE OIL SPILL trict. Mr. Coles' life came to a peaceful end on opportunity to gain the necessary skills to be- PREVENTION AND RESPONSE IM- PROVEMENT ACT December 10, 1996, at 93 years of age. come gainfully employed. Upon completion of his formal education, Mr. Speaker, it is time to give future work Mr. Coles returned from New York City to forces the same opportunity Congress and HON. ROBERT MENENDEZ Rochester, NY, in 1934 to become the founder many hill staffers have benefited from for OF NEW JERSEY and publisher of the Frederick Douglass many years. I look forward to working with my IN THE HOUSE OF REPRESENTATIVES Voice, known at this time as Rochester's only colleagues on passage of the Job Skill Devel- Tuesday, January 7, 1997 Negro newspaper. This newspaper, for 62 opment Act of 1997. years, has been dedicated to showcasing the f Mr. MENENDEZ. Mr. Speaker, on May 10, 1996, a tanker moored in Delaware Bay issues, challenges, and accomplishments of HOUSING LOAN GUARANTEE spilled 10,000 gallons of light grade crude oil. Rochester's African-American population. PROGRAM EXTENSION ACTS Strong winds pushed the slick toward the Howard Wilson Coles shall long be remem- beaches of Cape May, NJ, posing a threat to bered, not only for his journalistic talents, but HON. DOUG BEREUTER wildlife and migrating waterfowl. The tanker also for his tireless efforts and extraordinary had been anchored 17 miles off the Cape May skills in the area of civil rights. He was as well, OF NEBRASKA an author, broadcast journalist, and formerly IN THE HOUSE OF REPRESENTATIVES shore in an area known as the Big Stone An- chorage. It was involved in a process known served as president of Rochester's NAACP. Tuesday, January 7, 1997 as lightering. A tanker lighters by pumping I take great pride in having known Mr. Mr. BEREUTER, Mr. Speaker, today this some of its cargo into a smaller barge. This is Coles, and in knowing his family; several of Member is introducing two bills designed to usually done because there is insufficient whom have followed in his giant footsteps as extend important alternatives to traditional depth of water to allow the tanker to safely journalists. A true freedom fighter is now at Federal housing direct lending. make passage to secure oil terminals. Trans- rest. He will be sorely missed by his family, The first bill, the Rural Multifamily Rental ferring oil over open water between two or his numerous friends, and a community that Housing Loan Guarantee Extension Act of more vessels is a risky process which greatly he enhanced. 1997, permanently authorizes the U.S. Depart- increases the possibility of spills or more seri- f ment of Agriculture [USDA] administered sec- ous accidents. PAYING TRIBUTE TO THE AICHI tion 538 program which, as the name implies, While the Cape May incident was a rel- KENJIN guarantees repayment of loans to build multi- atively minor accident and the environmental family rental housing in rural communities. The impacts were quickly contained, I am greatly section 538 program was patterned after the troubled about the prospect of an accident in HON. ROBERT T. MATSUI highly successful section 515 loan guarantee the New York Harbor. Thirty billion gallons of OF CALIFORNIA program, which is also administered by the oil of every type are shipped through the Port IN THE HOUSE OF REPRESENTATIVES USDA. While the section 538 program was of New York and New Jersey each year. One Tuesday, January 7, 1997 only fully authorized in the last Congress billion gallons is lightered from deep water an- Mr. MATSUI. Mr. Speaker, I rise today to through the Housing Opportunity Program Ex- chorages beyond the Verrazano Narrows. pay tribute to the Aichi Kenjin Kai, a social tension Act of 1996, it has been already been That is 100 times the amount of oil spilled by and cultural institution now celebrating its well received in rural America and certainly the Exxon Valdez off the Alaskan coast. 100th anniversary in northern California. merits permanent authorization in the 105th These barges are often single hulled and The first large population of immigrants from Congress. sometimes have no crew or anchor. The situa- Aichi-ken was established in the central valley The second bill this Member is introducing tion in the New York Harbor is doubly dan- during the late 1800's. By 1896, some 300 today permanently authorizes the section 184 gerous because of an institutional failure to Aichi-kenjins had settled in the Sacramento re- loan guarantee program for Indian housing, dredge. The lightering process is used to re- gion. For most of these immigrants, the stand- which is administered by the U.S. Department duce the weight of oil tankers and thereby ard of living was poor. Most of them carried of Housing and Urban Development [HUD]. lessen draft to enable these great ships to ne- their possessions in a suitcase. They made This guarantee program, which I authored and gotiate the shoaled-in channels and berths of their living as seasonal workers, moving from was enacted into law in 1992, is designed to the upper bay and the connecting channels in place to place as jobs were offered. bridge the obstacles that have prevented pri- the Kill Van Kull and Arthur Kill. It is only the At this time in history, there was no welfare vate lenders from participating in housing fi- exceptional skill and dedication of the pilots plan offered either by the Federal or State nance on Indian trust land. Because of the serving the Port of New York and New Jersey governments to care for such individuals when unique trust status of these reservations, pri- that have prevented a catastrophe, but there they fell ill or died. As such, this community of vate lenders have been reluctant to make have been a number of near collisions. immigrants determined that it was necessary loans due to the fact that they have no legal To reduce this threat, I am introducing the to establish an organization which would care recourse should the borrower default. Under Oil Spill Prevention and Response Improve- for their fellow countrymen should they fall ill the section 184 guarantee program, the Fed- ment Act. This legislation requires the Coast and assist their families when they passed eral Government eliminates this obstacle by Guard to develop requirements for lightering away. guaranteeing that the lender will be repaid and towing operations. It provides incentives In 1895, one of the first immigrants to north- should the borrower default. This program has for converting to the use of double hull ves- ern California, Yoshio Yamada, recommended January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E15 the establishment of the Aichi Club in Sac- While drought, disease, and human popu- damental purpose of my legislation is to ex- ramento. He suggested collecting $50 to $60 lation growth contributed to this dramatic de- tend the authority of the Secretary of the Inte- from about 50 members who would then pay cline, the illegal killing or poaching of ele- rior to expend money from the African Ele- 15 cents in monthly dues. These fees were to phants for their ivory tusks was the single phant Conservation Fund beyond its statutory be used to maintain a mutual aid fund, but most important reason why thousands of expiration date of September 30, 1998. I am was not accepted at the time. these magnificent animals were slaughtered. proposing that the authorization of appropria- Two years later, this community of immi- During its peak, as much as 800 tons of ivory tions for the fund be extended until September grants agreed to form the Aichi Club and were exported from Africa each year, equiva- 30, 2002. opened a temporary office in Sakuraya lent to the deaths of up to 80,000 elephants With this extension, I am confident that ad- Ryokan. The club's mission was to maintain a annually. ditional worthwhile conservation projects will high reputation, respect morality and promote In response to this serious problem, Con- be funded and that the African elephant will friendship. In the years following, the members gress enacted the African Elephant Conserva- survive in its natural habitat for many future used the club to share their joys, sorrows, and tion ActÐPublic Law 100±478. A primary ob- generations. hopes for a prosperous future in their new jective of this law was to assist impoverished I urge my colleagues to join with me in this country. African nations in their efforts to stop poaching effort by supporting the African Elephant Con- Dues then were 15 cents per month and and to develop more effective elephant con- servation Reauthorization Act of 1997. these fees enabled the club to assist fellow servation programs. To accomplish that goal, f members who incurred expenses with medical the legislation created the African Elephant care or funerals. The member accepting the Conservation Fund. SINGLE ASSET BANKRUPTCY assistance then paid the funds back to the Since its creation, Congress has appro- REFORM ACT OF 1997 club when they were able. priated over $6 million to fund some 48 con- For many years, the club operated this way servation projects in 17 range States through- HON. JOE KNOLLENBERG and grew to hold great significance in the Jap- out Africa. In addition, over $7 million has OF MICHIGAN anese-American community. The Aichi Kenjin been generated through private matching IN THE HOUSE OF REPRESENTATIVES Kai today is somewhat different. Today, with money to augment the Federal support made Tuesday, January 7, 1997 greater mobility and affluence, the Japanese- available through the grant program. Americans have moved to all parts of the With these funds, resources have been allo- Mr. KNOLLENBERG. Mr. Speaker, I rise State, blending culturally with California's pop- cated for conservation projects to purchase today to introduce a bill that addresses an in- ulation. Additionally, the singular interests the antipoaching equipment for wildlife rangers, justice that exists within title 11 of the United early immigrants shared have given way to create a comprehensive reference library on States Code regarding single asset bank- more diverse business and civic interests. the African elephant, undertake elephant pop- ruptcies. This is the same language I intro- Other changes have reshaped the organiza- ulation census, develop and implement ele- duced during the 104th Congress as H.R. tion as well. Health insurance and ``American- phant conservation plans, and move elephants 2815. My understanding is that the Judiciary ized'' funerals have impacted the need for the from drought regions in Zimbabwe. In fact, the Committee will include this measure in their clubs' assistance in these areas. While the Zimbabwe project was the first time in history technical corrections bill; however, I am intro- club still offers invaluable assistance with fu- that such a large number of elephants were ducing this bill as stand alone legislation to neral plans and arrangements, its shift is to- successfully translocated to new habitats. highlight the importance of this specific provi- ward a younger generation and its needs. Without these conservation projects, I am sion. I also understand that the Bankruptcy To attract younger generations, the Aichi convinced that the African elephant would Commission has placed a particular focus on Kenjin Kai has begun to host an annual Aichi have continued to decline and would have dis- single asset bankruptcy and they recently held golf tournament. Structured as a team group- appeared from much of its historic range. In- hearings in Washington, DC, to discuss this ing event, the tournament successfully pro- stead, what has happened is that the popu- important issue. motes camaraderie within the membership lation has stabilized and, in fact, is increasing The injustice within title 11 stems from an and is a draw to the younger Japanese-Ameri- in southern Africa, the international price of 11th hour decision made during the 103d Con- cans who will be relied upon to take the orga- ivory remains depressed, and wildlife rangers gress, which placed an arbitrary $4 million nization into the next century. are now much better equipped to stop unscru- ceiling on the single asset provisions of the Mr. Speaker, it is with great pleasure that I pulous individuals who are intent on illegally bankruptcy reform bill. The effect has been to rise today to recognize the many years of in- killing elephants. render investors helpless in foreclosures on valuable assistance this organization has pro- The African Elephant Conservation Fund single assets valued over $4 million. vided to its membership. I ask my colleagues has provided desperately needed capital for My bill will rectify this problem, by eliminat- to join me in wishing many years of continued projects in various African countries and a di- ing the $4 million ceiling, thereby allowing success to the Aichi Kenjin Kai. verse group of internationally recognized con- creditors to recover their losses. Under the f servation groups, including the African Safari current law, chapter 11 of the Bankruptcy Club of Washington, DC, the African Wildlife Code becomes a legal shield for the debtor. INTRODUCTION OF THE AFRICAN Foundation, Safari Club International, and the Upon the investor's filing to foreclose, the ELEPHANT CONSERVATION RE- World Wildlife Fund, has participated in these debtor preemptively files for chapter 11 protec- AUTHORIZATION ACT OF 1997: efforts. In fact, the African Elephant Conserva- tion which postpones foreclosure indefinitely. JANUARY 7, 1997 tion Fund has been the only continuous While in chapter 11, the debtor continues to source of new money for African elephant collect the rents on the commercial asset. HON. DON YOUNG conservation efforts for the past 8 years. However, the commercial property typically is OF ALASKA In June of last year, the House Resources left to deteriorate and the property taxes go IN THE HOUSE OF REPRESENTATIVES Subcommittee on Fisheries, Wildlife and unpaid. When the investor finally recovers the Oceans conducted an oversight hearing on property through the delayed foreclosure, they Tuesday, January 7, 1997 the effectiveness of the African Elephant Con- owe an enormous amount in back taxes, they Mr. YOUNG of Alaska. Mr. Speaker, I am servation Fund. At that time, a representative receive a commercial property left in deteriora- pleased to introduce legislation today to ex- of the U.S. Fish and Wildlife Service testified tion which has a lower rent value and resale tend the African Elephant Conservation Act of that the Fund ``provided a critical incentive for value, and meanwhile, the rent for all the 1988, an historic conservation measure that governments of the world, nongovernmental months or years they were trying to retain the continues to be successful in its ongoing ef- organizations, and the private sector to work property went to an uncollectible debtor. forts to save the flagship species of the Afri- together for a common conservation goal. This My bill does not leave the debtor without can Continent. is not a hand out, but a helping hand.'' protection. First, the investor brings a fore- By way of background, my colleagues may While the African Elephant Conservation closure against a debtor only as a last resort. recall that by the late 1980's, the population of Fund has facilitated the development of a This usually comes after all other efforts to African elephants had declined by almost half. number of successful conservation projects, reconcile delinquent mortgage payments have In 1979, the total elephant population in Africa the battle to ensure the long-term survival of failed. Second, the debtor has up to 90 days was approximately 1.3 million animals. In the African elephant has not yet been won. In to reorganize under chapter 11. It should be 1987, fewer than 700,000 African elephants fact, it is essential that this critical investment noted, however, that single asset reorganiza- were alive. be continued in the future. Therefore, the fun- tions are typically a false hope since the E16 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 owner of a single asset does not have other MINING LAW OF 1872 REFORM Claim holders can also mine these Federal properties from which he can recapitalize his The year was 1872. U.S. Grant resided in lands with minimal reclamation require- business. the White House. Union troops still occupied ments. The only Federal requirement is that Finally, Mr. Speaker, my bill helps all Amer- the South. The invention of the telephone when operating on these lands they do not ican families by making their investments and Custer’s stand at the Little Bighorn cause ‘unnecessary or undue degradation.’ What does this term mean? It means that more secure and more valuable. The hard- were still four years away. And in 1872 Con- gress passed a law that allowed people to go they can do whatever they want as long as working American families who depend on onto public lands in the West, stake mining it’s pretty much what all of the other miners their life insurance policies and who have paid claims, and if any gold or silver were found, are doing. for years into their pensions will save millions mine it for free. The issue of Mining Law reform does not in reduced costs. My bill protects the little guy In an effort to promote the settlement of deal with coal, or that matter, oil and gas. from being plagued with years of litigation the West, Congress said that these folks These energy minerals, if located on Federal while a few unscrupulous commercial property could also buy the land from the Federal lands, are leased by the government, and a owners continue to collect the rent to line their government for $2.50 an acre. royalty is charged. Further, Mining Law re- own pockets. That was 1872. This is 1977. Yet, today, the form does not deal with private lands. The Mining Law of 1872 is still in force. scope of the Mining Law of 1872 and legisla- f And, for the most part, it is not the lone tion to reform it is limited to hardrock min- MINING LAW OF 1872 REFORM prospector of old, pick in hand, accompanied erals such as gold, silver, lead and zinc on by his trusty pack mule, who is staking Federal lands in the Western States. those mining claims. It is large corporations, The Rahall bill to reform the Mining Law HON. NICK J. RAHALL II many of the foreign controlled, who are min- of 1872 would prohibit the continued give- OF WEST VIRGINIA ing gold owned by the people of the United away of public lands. It would require that IN THE HOUSE OF REPRESENTATIVES States for free, and snapping up valuable mining claims are diligently developed. It Tuesday, January 7, 1996 Federal land at fast food hamburger prices. would require that a holding fee be paid for Remaining as the last vestige of frontier- the use of the land, and that a royalty be Mr. RAHALL. Mr. Speaker, today, I am re- era legislation, the Mining Law of 1872 paid on the production of valuable minerals introducing legislation to reform the mining law played a role in the development of the West. extracted from these Federal lands. And, it of 1872. I am pleased to note that the distin- But is also left a staggering legacy of would require industry to comply with some guished gentleman from California, GEORGE poisoned streams, abandoned waste dumps basic reclamation standards . MILLER, is joining me in introducing this meas- and maimed landscapes. f Obviously, at the public’s expense, the ure. western mining interests have had a good Mr. Speaker, we are sponsoring this legisla- INTRODUCTION OF PROTECTION thing going all of these years. But the ques- FROM SEXUAL PREDATORS ACT tion with the full knowledge that it will probably tion has to be asked: Is it right to continue not see the light of day in the Resources to allow this speculation with Federal lands, Committee as long as that committee is not to require that the lands be reclaimed, HON. LOUISE McINTOSH SLAUGHTER chaired by our dear friend and colleague, the and to permit the public’s mineral wealth to OF NEW YORK honorable DON YOUNG of Alaska. Indeed, this be mined for free? IN THE HOUSE OF REPRESENTATIVES bill is the very same which passed the House Today, anybody can still go onto Federal of Representatives by a three-to-one margin lands in States like Nevada and Montana and Tuesday, January 7, 1997 during the 103d Congress. Reintroduced into stake any number of mining claims, each Ms. SLAUGHTER. Mr. Speaker, today I re- averaging about 20 acres. In order to main- the 104th Congress, our colleague DON tain the mining claim, until recently all that introduce the Protection from Sexual Preda- YOUNG put it under lock and key. was required was that the claim holder spend tors Act. Like many of you, I am tired of pick- This begs the question: Why reintroduce the $100 dollars per year to the benefit of the ing up the morning paper and reading about bill? claim. the latest serial rapist to be caught, only to The answer lies in the fact that there re- In the event hardrock minerals such as see printed a laundry list of his previous con- mains within the broad membership of the gold or silver are found on the claim, they victions for sexual assault. Our constituents House of Representatives enough votes to are mined for free. There are no require- deserve to be protected from the country's pass meaningful reform of the Mining Law of ments that a production royalty be paid to the Federal government, or for that matter, worst repeat sexual predators. 1872. Last Congress, for example, we reim- The Protection from Sexual Predators Act posed the moratorium on the issuance of min- a rental be paid for the use of the land. It is estimated that $1.8 billion worth of passed the House last year by a vote of 411 ing claim patents by a vote of 271 to 153 dur- hardrock minerals are annually mined from to 4, and allows Federal prosecution of rapes ing House consideration of the fiscal year Federal lands in the western States. Yet, the and serious sexual assaults committed by re- 1996 Interior appropriation bill. In addition, the Federal government does not collect one peat offenders. The measure requires that re- bill we are reintroducing today, which was penny in royalty from any of this mineral peat offenders convicted under this section be designated H.R. 357 in the 104th Congress, production that is conducted on public lands automatically sentenced to life in prison with- attracted 92 bipartisan cosponsors during that owned by all Americans. out parole. In other words, two strikes, and period. Under the Mining Law of 1872, claim hold- The issue of insuring a fair return to the ers can also choose to purchase the Federal you're inÐfor life. public in exchange for the disposition of public land being claimed. They can do this by first It's time we got tougher on the most violent, showing that the lands have valuable min- resources, and the issue of properly managing repeat sexual offenders. These habitual sex erals, and then by paying the Federal gov- offenders are a different kind of criminalÐtheir our public domain lands, is neither Republican ernment a mere $2.50 or $5.00 an acre depend- or Democrat. It is simply one that makes recidivism rates are incredibly high, and they ing on the type of claim. This is called ob- are known to strike again and again. Often sense if we are to be good stewards of the taining a mining claim patent. Perhaps a public domain and meet our responsibilities to good feature in 1872, when the Nation was these serial criminals will venture from one the American people. This means that the trying to settle the West. But today there is State to another, and if they are caught, they mining law of 1872 must be reformed. hardly a need to promote the additional set- seldom receive the harshest penalties under I and other Members will continue to work tlement of LA, San Francisco or Denver. the current law. toward that goal during the 105th Congress. If Note: The Interior Department is currently When my bill is passed into law, violent sex- reform can be accomplished within the context subject to a Congressionally imposed mora- ual predators such as John Suggs of New torium on the issuance of mining claim pat- of the bill I am introducing today, so much the York City will not be free to rape again, and ents which must be renewed on an annual the Supreme Court will not need to deliberate better. If this bill's fate is to serve as a rally cry basis. for reform, with substantive reform efforts Moreover, once the mining claim is pat- whether to release lifelong child molesters moving forward independently, than that is ented, nothing in this so-called mining law back into society as in the case Kansas v. satisfactory as well. In any event, the eyes of says that it has to be actually mined. The Kendricks, currently pending before the Su- the Nation will continue to focus, to an even land is now in private ownership. People are preme Court. This measure will make our greater extent than ever before, on how this free to build condos or ski-slopes on the land. streets and neighborhoods safer, for children, For example, not too long ago the Arizona the elderly, and the women of this country. Congress addresses natural resource issues Republic carried a story about a gentleman such as this one. Congress ignores these mat- who paid the Federal government $155 for 61 My bill will require courts to hand down ters at its own peril. acres worth of mining claims. Today, these tougher sentences, ridding our communities Following is a brief explanation of the Min- mining claims are the site of a Hilton Hotel. and neighborhoods of the most brutal offend- ing Law of 1872 and how the legislation I am This gentleman now estimates that his share ers who prey upon the most vulnerable in our introducing proposes to reform it: of the resort is worth about $6 million. society. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E17 HEARING CARE FOR FEDERAL elections made on homes sold after the date servation measure. With that in mind, I intend EMPLOYEES ACT of marriage, but purchased before the mar- to meet with representatives of the Depart- riage. ments of Defense and the Interior, the Inter- HON. BENJAMIN A. GILMAN Fairness is an important element of tax pol- national Association of Fish and Wildlife Agen- OF NEW YORK icy. The current policy on the one-time exclu- cies, and members of the House National Se- IN THE HOUSE OF REPRESENTATIVES sion assists individuals who are approaching curity Committee. I am confident that together retirement and it is a valuable exclusion. Our we can develop a strong and effective reau- Tuesday, January 7, 1997 Tax Code should be fair and not discriminate thorization bill. Mr. GILMAN. Mr. Speaker, I rise today to in- against basic values such as marriage. The Mr. Speaker, I want to thank the Chairman troduce legislation which will cover audiology decision to marry should not be based on fi- of the Subcommittee on Fisheries, Wildlife and services for Federal employees. nancial reasons. Oceans, JIM SAXTON, for joining with me in This legislation requires Federal health ben- I urge you to correct this inequity and sup- this effort and I commend the Sikes Act Im- efit insurance carriers to guarantee direct ac- port this legislation. provement Amendments of 1997 to the mem- cess to, and reimbursement for, audiologist- f bership of the House of Representatives. provided hearing care services when hearing f care is covered under a Federal health benefit INTRODUCTION OF THE SIKES ACT plan. IMPROVEMENT AMENDMENTS OF PUBLIC HOUSING TENANT As my colleagues may be aware, the Fed- 1997: JANUARY 7, 1997 INTEGRITY ACT OF 1977 eral Government already allows direct access to services provided by optometrists, clinical HON. DON YOUNG HON. JOE KNOLLENBERG psychologists, and nurse midwives, yet fails to OF ALASKA OF MICHIGAN allow direct access to services provided by IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES audiologists in Federal health benefit plans Tuesday, January 7, 1997 Tuesday, January 7, 1997 covering hearing care services. It is not my intention to expand the services Mr. YOUNG of Alaska. Mr. Speaker, I am Mr. KNOLLENBERG. Mr. Speaker, I rise to which can be provided by audiologists, but in- pleased to introduce this legislation to reau- day to introduce the Public Housing Tenant In- stead to only allow audiologists to provide thorize and improve the effectiveness of the tegrity Act of 1997. This bill amends section what they are already licensed to do under act of September 15, 1960, commonly referred 6103 of the Internal Revenue Code and sec- State lawsÐand no more. to as the Sikes Act. tion 904 of the Stewart B. McKinney Homeless Currently the consumers of audiology serv- Since coming to Congress in 1973, I have Assistance Amendment Act to allow the Hous- ices are people with hearing loss and related led the fight to enhance and conserve the vital ing and Urban Development Administration conditions. In fact, there are an estimated 28 fish and wildlife resources that exist on our [HUD] to fight fraud and abuse that has devel- million people in the United StatesÐabout 1 in military lands. The Department of Defense oped when public housing tenants fail to fully every 10Ðwho are affected by hearing loss. [DOD] manages nearly 25 million acres at ap- disclose or update their income. This number is expected to increase to over proximately 900 military bases nationwide. As we move into the 21st century, budg- 40 million people during the next 10 to 20 These lands contain a wealth of plant and ani- etary constraints will continue to limit non- years, as our national population continues to mal life, they provide vital habitat for thou- defense discretionary spending. Public hous- age. sands of migratory waterfowl and they are ing is not immune from these constraints. Moreover, it is worth noting that many pri- home for nearly 100 Federally listed species. Though Congress and HUD have taken steps vate health insurers model their benefits pack- The Department does a superb job of train- to prepare housing for the future, there is still ages after the Federal employee health benefit ing our young men and women for combat. room for improvement. One area I believe we plan. Accordingly, this bill will also provide im- Regrettably, they often fail to do even an ade- can make substantial inroads is to eliminate portant indirect benefits to millions of Ameri- quate job of comprehensive natural resource fraud and abuse. By aggressively attacking cans with hearing loss, who are not Federal management planning. At far too many instal- existing fraud and abuse, we can squeeze employees. lations, management plans have never been every dollar appropriated for public housing I urge my colleagues to cosponsor the written, are outdated, or are largely ignored. and direct it effectively to those most in need. Hearing Care for Federal Employees Act and Furthermore, when these plans do exist, all We can also assure the American taxpayer support freedom of choice to the patient while too often they are not coordinated or inte- that tenants pay their fair share. providing swift and timely access to hearing grated with other military activities. As most of you know, when an individual care. While this bill will make a number of im- applies for public housing, the key qualification f provements in the Sikes Act, it does not un- is income. An applicant who meets the income dermine in any way the fundamental training requirement is required to pay rent equal to 30 mission of a military base. percent of their income. The taxpayer sub- What the bill does is expand the scope of sidizes the rest. Unfortunately, housing agen- HON. RICHARD E. NEAL existing conservation plans to encompass all cies do not have independent sources to verify OF MASSACHUSETTS natural resource management activities, re- the applicant's wage and income data, even if IN THE HOUSE OF REPRESENTATIVES quire management plans for all appropriate in- the housing agency suspects the individual stallations, mandate an annual report summa- underreported income. Moreover, the system Tuesday, January 7, 1997 rizing the status of these plans, require that encourages residents to underreport their in- Mr. NEAL of Massachusetts. Mr. Speaker, trained personnel be available, and ensure come when they apply for housing. today I introduced legislation to correct an in- that DOD shall manage each installation to Despite the lack of a nationwide study, HUD equity in on our current tax system. Under cur- provide for the conservation of fish and wild- has estimated the abuse at $300 million annu- rent law, an individual over the age of 55 is al- life, and to allow the multipurpose uses of ally. Further, the General Accounting Office lowed a one-time exclusion of capital gain on those resources. In addition, the bill extends [GAO] issued a 1992 report that found unre- the sale of a principal residence. This one- the act's authorization for the next 3 years at ported income abuse could be as high as 21 time exclusion invokes a marriage penalty. half of its previous funding level. percent. Others have projected a reasonable This legislation would eliminate the marriage Mr. Speaker, this is a noncontroversial bill. estimate between 5 and 10 percent which is penalty for the one-time exclusion of gain on In fact, during the last Congress, it was thor- consistent with other Federal benefit pro- the sale of a principal residence. oughly considered by both the House Re- grams. Whatever the number, fighting this For example, two individuals over the age of sources and National Security Committees. It abuse and stopping individuals who defraud 55 who decide to marry and sell their homes was approved by the House of Representa- the Federal Government is a commonsense would only receive an exclusion for $125,000. tives unanimously by voice vote on July 11, goal. Whereas, if they did not marry and sold their 1995. Congress, HUD, and others have long rec- homes they each would be able to receive an Regrettably, the other body took no action ognized the need to address this particular exclusion for $125,000. This legislation ad- on this measure. While I am today introducing problem and in 1988 Congress passed the dresses this problem. The legislation elimi- a bill that is identical to the one that was over- Steward B. McKinney Homeless Assistance nates the marriage penalty by disregarding whelmingly adopted by the House, I am com- Amendments Act. The McKinney Act provided elections made before the date of marriage or mitted to reauthorizing this longstanding con- State agencies with the authority to disclose E18 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 wage and unemployment data to HUD and ansÐin particular, the division of Community tion Program. In 1992, I sponsored an amend- housing authorities, but not to owners or man- Planning and DevelopmentÐhave fueled con- ment and passed into law a requirement that agers. This program was somewhat success- cern over abuse of taxpayer assets. HUD must try first to sell the property in the ful, but it expired in October 1994. After significant investigation, I introduced private market to the highest bidder. I believe Then in 1993, Congress passed the Omni- H.R. 4085 in the 104th Congress, a bill to that our first priority is to recover as much tax- bus Budget Reconciliation Act. It contained a eliminate the program. Two other Subcommit- payer money for the acquired home. If we provision which permits the Social Security tee Chairmen of the House Banking Commit- cannot sell the property to maximize taxpayer Administration [SSA] and the Internal Revenue teeÐSPENCER BACHUS of the Subcommittee return, we should use our acquired properties Service [IRS] to disclose earned and unearned on General Oversight and RICK LAZIO of the in the most effective manner possible to house income data to HUD. However, and this is Subcommittee on Housing and Community our most disadvantaged citizens without a very important, it did not provide for the re- OpportunityÐcosponsored the legislation with home. disclosure of income data to those local enti- me. The bill effectively shuts the program To continue rigorous oversight of this pro- ties who directly service and oversee the ten- down and returns the homes to taxpayers. gram, I requested that the Banking and Finan- ants. We introduce the same bill today to con- cial Services Committee conduct a hearing on This particular program was first imple- tinue our efforts in the 105th Congress to this case and other abuses of this program to mented in 1996 and matches information re- overhaul the program for those most in need guarantee that we do not waste taxpayer mon- ported by the tenant with earned and un- of hosing and to eliminate fraud and mis- ies and to insure we provide for our most earned income reported to the SSA and IRS. management in the Federal Government. needy citizens. Chairman BACHUS has trav- If a discrepancy exists, HUD notifies the local Earlier this year, I contacted the Inspector elled down to Baton Rouge and together, we housing authority that a particular tenant has General of HUD, an independent office de- conducted an oversight hearing in Louisiana underreported their income, but HUD is pro- signed to oversee the department, and re- on August 24. hibited from disclosing how much the discrep- quested a comprehensive investigation of I am committed to prosecuting fraud and re- ancy is or where it exists. Thus, the local Safety Net, Inc., and its participation in the forming our Federal Government. Moreover, I housing authority must launch their own inves- homeless program. In addition, I requested a believe we can provide a safe, decent home tigation or have the tenant voluntarily disclose full investigation of the HUD Office in New Or- for our most underprivileged citizens while the information, despite the fact HUD has the leans, particularly Community Planning and maintaining accountability for taxpayers. information they need. HUD also informs the Development. f tenant, requesting he or she redisclose to the The program is more accurately described housing agencies their true income. Unfortu- as the Homes for Homeless Initiative of the GAS TAX RESTITUTION ACT OF nately, the individual must voluntarily do this Single-Family Property Disposition Program. 1996 and without giving local entities the information Here is how the program works: If a person already complied the true effectiveness of this defaults on the mortgage payments of his/her HON. NICK J. RAHALL II program will be diminished. home and the home has an insured mortgage OF WEST VIRGINIA As you can see, steps have been taken to by the Federal Housing Administration [FHA], IN THE HOUSE OF REPRESENTATIVES then the Federal Government becomes the fight those who abuse the system, but the final Tuesday, January 7, 1997 step still remains. The Public Housing Tenant owner of the home. In other words, in case of Integrity Act of 1997 builds on this foundation default, HUD pays the mortgage to the bank, Mr. RAHALL. Mr. Speaker, today I along by making it possible for HUD to share the in- acquires the property, and is required to dis- with Representative TOM PETRI are reintroduc- formation it has to local housing agencies. Al- pose of it. ing legislation we sponsored during the last lowing local agencies to receive this informa- For most of these acquired properties, HUD Congress to transfer to the highway trust fund tion is a logical step, and it makes perfect leases the properties to nonprofits to serve revenues received from the 4.3 cents of the sense. After all, local agencies are on the front homeless persons. An acquired property is Federal motor fuel tax that is currently going line and work with public housing tenants leased to a nonprofit for $1 a year for up to to the general fund. every day. 5 years. The home is to be provided for those Many of us concerned with our surface One area of concern with computer match- persons who are homeless. One major restric- transportation infrastructure were troubled ing is preventing the illegal disclosure of Fed- tion is that the tenant must have an income when in 1993 this tax of 4.3 cents per gallon eral tax data. However, safeguards currently that is 50 percent of the median income (in of motor fuel was imposed not for the purpose exist between, and I believe we can develop Baton Rouge $19,146 for a family of four). of bolstering receipts into the highway trust further safeguards to protect the interests of The nonprofit can purchase the home at any fund, but for the purposes of deficit reduction. all those involved including Congress and the time for 10 percent below the appraised fair As we all know, the basic premise of the IRS. Moreover, I believe Congress has an ob- market value, as established at the time the Federal motor fuel tax is that it is a user fee ligation to the taxpayer that public housing as- $1 lease is signed. It is possible to sell the collected for the express purpose of making sistance is a benefit not a right. home well below present market value 5 years improvements to our road and highway infra- Mr. Speaker, this legislation is designed to after the initial appraisal. A nonprofit is re- structure. It is one of the few taxes where stop individuals who defraud the government stricted from reselling to anyone other than a Americans can see an immediate and direct of hundreds of millions of dollars annually. We low income homebuyer (defined at $31,450 for result for having to pay it as they drive on the have the technology to fight this fraud and a family of four). Nation's highways. abuse and passage of the Public Housing The Sunday Advocate alleges that Safety Last year we debated repealing the 4.3 Tenant Integrity Act is needed to provide local Net, Inc., violated many of the rules of the cents-per-gallon tax. At the time, I offered an housing authorities with the necessary tools to homeless disposition program. In addition, it alternative. Restore it to the highway trust do just that. I look forward to working with my may have broken some of the laws required to fund. Today, I do so again. colleagues on both sides of the aisle to pass participate in the program. I have requested Few, if anyone in this body, can say that the this commonsense legislation. that the investigation answer these allegations. areas they represent do not require road and f It is also alleged that the HUD Office in New highway improvements. The legislation I am Orleans failed miserably to monitor the pro- introducing today will not only restore faith LEGISLATION TO ELIMINATE gram and the participation by Safety Net, Inc., with the American people on the uses of the MISMANAGED HUD PROGRAM for 5 years. I have asked the Inspector Gen- Federal motor fuel taxes, but will certainly as- eral to investigate the HUD Office as well. sist in making needed surface transportation HON. RICHARD H. BAKER Moreover, the U.S. Attorney's Office in enhancements. OF LOUISIANA Baton Rouge has responded to the case by I would note that as introduced, this legisla- IN THE HOUSE OF REPRESENTATIVES opening an investigation to determine whether tion would dedicate the entire 4.3 cents-per- a criminal prosecution is warranted. The U.S. gallon tax to the highway trust fund, and would Tuesday, January 7, 1997 Attorney's Office is working in concert with the not earmark any portion of this amount for Mr. BAKER. Mr. Speaker, recent allegations Inspector General's Office. mass transit, or for that matter, for any pro- involving fraud in the Single Family Homes for As a senior member of the Subcommittee posed new area of eligibility such as for Am- Homeless Initiative and the mismanagement on Housing and Community Opportunity, I trak. This is not to say that I am necessarily of the program by the Department of Housing have long been an advocate of reform of the opposed to the use of some portion of the 4.3 and Urban Development [HUD] in New Orle- HUD acquired Single-Family Property Disposi- cents-per-gallon tax for these purposes and January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E19 policy decisions of that nature can certainly be INTRODUCTION OF THE NEW WILD- refuge using LWCF money in the future. This made during further consideration of this legis- LIFE REFUGE AUTHORIZATION is an essential change. lation. ACT Under the terms of the New Wildlife Refuge Reauthorization Act, no funds could be ex- f HON. DON YOUNG pended from the Land and Water Conserva- OF ALASKA tion Fund to create a new refuge without prior IN HONOR OF TRIDENT PRECISION IN THE HOUSE OF REPRESENTATIVES congressional authorization. This bill does not MANUFACTURING, INC. affect any land additions to the existing 511 Tuesday, January 7, 1997 wildlife refuges or those created with money HON. LOUISE McINTOSH SLAUGHTER Mr. YOUNG of Alaska. Mr. Speaker, I am from the Migratory Bird Conservation Fund. today introducing the New Wildlife Refuge Re- Mr. Speaker, Congress must have a more OF NEW YORK authorization Act of 1997. meaningful role in the acquisition of hundreds IN THE HOUSE OF REPRESENTATIVES By way of background, our National Wildlife of acres of new Federal lands. We should au- Refuge System is comprised of 91.7 million Tuesday, January 7, 1997 thorize new wildlife refuges just as we author- acres of Federal lands that provide essential ize new flood control projects, highways, na- Ms. SLAUGHTER. Mr. Speaker, I rise today habitat for hundreds of species and offer rec- tional parks, scenic rivers, and weapons sys- to pay special tribute to a distinguished com- reational opportunities for millions of Ameri- tems. After all, we are talking about the ex- pany located in New York's 28th Congres- cans. penditure of millions of taxpayers dollars. Fur- sional District: Trident Precision Manufacturing The first wildlife refuge at Pelican Island, FL, thermore, at a time when the U.S. Fish and Inc. was created in 1903 when President Theodore Wildlife Service has a $440 million backlog of President Clinton and Commerce Secretary Roosevelt signed an Executive order setting unfinished wildlife refuge maintenance Mickey Kantor honored Trident on December aside three acres of land as a preserve and projects, a comprehensive review of the serv- 6, 1996, by awarding it the 1996 Malcolm breeding grounds for native birds. Today, the ice's priorities is appropriate. Baldrige National Quality Award for Small system has 511 refuges, which are located in I urge the adoption of the New Wildlife Ref- Business. The Baldrige Award, which high- all 50 States and 5 territories. These units uge Authorization Act and want to thank our lights customer satisfaction, workforce range in size from the smallest of less than 1 distinguished colleague from California, RICH- empowerment, and increased productivity, is acre at Mille Lacs National Wildlife Refuge in ARD POMBO, for his leadership in this important given annually to companies that symbolize Minnesota, to the largest of 19.3 million acres effort. By enacting this legislation, we will en- America's commitment to excellence. No com- in the Arctic National Wildlife Refuge in Alas- sure that private property owners and their tax pany could be more deserving of this award ka. In the last decade, more than 80 new ref- dollars are more adequately protected in the than Trident Precision Manufacturing. uges have been added to the system. future. Trident manufactures precision sheet metal The vast majority of our Nation's 511 refuge f components, electro-mechanical assemblies, units were created administratively. In fact, less than 70 refuges have been designated by SUPPORT THE POSTAL CORE and custom products. It has grown from a 3 BUSINESS ACT person operation at its founding in 1979 to an Congress. The authorizing committees, there- employer of 167 people at its facility in Web- fore, have had little, if any, input in the estab- ster, NY today. lishment of the other 460 refuges, which in- HON. RANDY ‘‘DUKE’’ CUNNINGHAM clude the 192,493-acre Great White Heron Between 1991 and 1995, Trident's employ- OF CALIFORNIA National Wildlife Refuge in Florida, the ees submitted more than 5,000 process-im- IN THE HOUSE OF REPRESENTATIVES 254,400-acre Hawaiian Island National Wildlife provement recommendationsÐand Trident's Tuesday, January 7, 1997 Refuge, and the 572,000-acre Sheldon Na- management implemented 97 percent of those tional Wildlife Refuge in Nevada. These Exec- Mr. CUNNINGHAM. Mr. Speaker, I rise ideas. It is a testament to Trident's workers utive orders have set aside a huge amount of today to join my colleague from San Diego, and management that over that 5-year period, privately owned lands. Mr. HUNTER, in introducing the Postal Core Trident made significant gains in productivity, Under current law, funding for refuge acqui- Business Act of 1996. This legislation, which efficiency, customer satisfaction, sales, and sitions comes from two primary sources: No. is similar to H.R. 3690 from the 104th Con- profitability. Sales per employee jumped 29 1, annual appropriations from the Land and gress, will prevent the U.S. Postal Service percent, time spent on rework decreased Water Conservation Fund [LWCF], and No. 2, [USPS] from unfairly competing with a small nearly 90 percent, and customer complaints the Migratory Bird Conservation Fund, which business industry, known as Commercial Mail fell by 80 percent. Defect rates have fallen so is financed from the purchase of a yearly duck Receiving Agencies [CMRA]. The livelihoods consistently that Trident now offers a full guar- stamp and refuge entrance fees. of those who own and operate small commer- antee against defects in its custom products. In the past, more than $1 billion in taxpayer cial packing stores throughout the country, like In 1995, Trident's five major customers rated money has been appropriated from the Land Mail Boxes Etc. and Postal Annex, are threat- the quality of Trident's products at 99.8 per- and Water Conservation Fund to acquire lands ened. cent or better. The company has never lost a that become additions to existing units or en- More than 10,000 CMRA businesses may customer to a competitor. tirely new wildlife refuges. This represents a be forced to close their doors due to the I am delighted that President Clinton and substantial expenditure of money by the U.S. USPS' tax-free expansion into services al- Commerce Secretary Kantor chose to recog- Fish and Wildlife Service [USFWS] without ready provided by private packaging stores. nize Trident for its strong record of quality and adequate input by Congress. These expanded services include wrapping, its excellent business performance. This By contrast, the Migratory Bird Commission, packaging, and shipping of items, and the award was a result of Trident's exceptional whose membership includes four bipartisan USPS may expand beyond that. The USPS is commitment, not only to the company's bottom Members of Congress, regularly meets to opening stores throughout the country, many line, but to its employees and customers. Tri- evaluate and decide how Migratory Bird Con- in locations very near private companies who dent's efforts to train and reward its workers servation Fund will be spent. Under normal already provide these services. are to be particularly commended. Since 1989, conditions, a Governor of a State, after con- The fact is that the USPS is not a fair com- Trident has invested an average of 4.4 per- sulting with local citizens, will recommend that petitor with private enterprise. The USPS is cent of its payroll on training and education. a new refuge be created or that additional not forced to charge State or local tax on retail This is a remarkable investment for a small land be added to the system. It is a process items, it is insured by the Federal Govern- company, and two to three times above the that has worked effectively for a number of ment, and it often does not pay the same Fed- average for all U.S. industry. years. eral, State, and local taxes that private compa- Trident represents the very best in American Regrettably, the checks and balances that nies must pay. These are only some of the business: putting its customers first, trusting its exist on the uses of the Migratory Bird Con- advantages enjoyed by the USPS, creating a employees, building quality into products and servation Fund simply do not exist in the allo- playing field tilted against private industry. services, and being responsible corporate citi- cation of money from the LWCF. Therefore, Moreover, when a customer brings an item to zens. I am proud of Trident's success, its lacking such a review mechanism, we have a be packaged by the USPS, the USPS requires achievement, and of the contribution it makes responsibility to carefully examine the rec- that the customer send the package through to our community. Congratulations to everyone ommendations of the USFWS and, if we so U.S. mail. Commercial mail companies do not at Trident who shares in this honor. choose, to legislatively create any new wildlife require this of their customers. E20 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 In addition, on December 16, 1996, the health care groups, will establish a schedule This legislation reflects the frustration of Postal Rate Commission [PRC] declared that of recommended preventive health care serv- thousands of miners and their families with the the USPS' packaging service, Pack and Send, ices. The list of preventive services will follow extremely adversarial nature of the current is subject to the PRC's ratemaking. In its deci- the guidelines published in ``The Guide to Clin- program as administered by the Labor Depart- sion, the PRC found that ``the Pack & Send ical Preventive Services'' and ``The Year 2000 ment. service is `postal' in character, and that estab- Health Objectives.'' The preventive services As it now stands, disabled miniers who suf- lishment of the service and recommendations will cover periodic health exams, health fer from the crippling effects of black lung dis- concerning its fees are functions that the Post- screening, counseling, immunizations, and ease are faced with the Federal bureaucracy al Reorganization Act contemplates to be with- health promotion. These services will be spec- so totally lacking in compassion to their plight, in the jurisdiction of the Postal Rate Commis- ified for both males and females, and for spe- that it appears intent upon harassing their ef- sion.'' The USPS must now either discontinue cific age groups. forts to obtain just compensation at every sin- the service or submit the service for a rate Additionally, HHS will publish and dissemi- gle step of the claim adjudication process. with the PRC. nate information on the benefits of practicing In fact, today we are witnessing less than a Under our bill, the USPS will return to focus- preventive health care, the importance of un- 10-percent approval rate on claims for black ing on the core services that it was offering as dergoing periodic health examinations, and the lung benefits. of January 1, 1994. This is a reasonable ap- need to establish and maintain a family medi- This figure does not attest to any reason- proach to protecting jobs and satisfying Amer- cal history for businesses, providers of health able and unbiased comportment of the facts. ican consumers seeking postal services. I en- care services, and other appropriate groups Rather, it represents nothing less than a courage my colleagues to join me in cospon- and individuals. cruel hoax being perpetrated against hard- soring Mr. HUNTER's legislation. Moreover, prevention and health promotion working citizens who have dedicated their f workshops will be established for corporations lives to the energy security and economic well and businesses, as well as for the Federal being of this Nation. COMPREHENSIVE PREVENTIVE Government. A wellness program will be es- The original intent of Congress in enacting HEALTH AND PROMOTION ACT tablished to make grants over a 5-year period legislation to compensate victims of black lung OF 1997 to 300 eligible employers to establish and con- disease was for this to be a fairly straight- duct on-site workshops on health care pro- forward program. This intent has been de- HON. BENJAMIN A. GILMAN motion for employees. The wellness work- feated by years of administrative OF NEW YORK shops can include: counseling on nutrition and maneuverings aggravated by some extremely IN THE HOUSE OF REPRESENTATIVES weight management, clinical sessions on harmful judicial interpretations. Under this bill, we will return to a program that reflects the Tuesday, January 7, 1997 avoiding back injury, programs on smoking cessation, and information on stress manage- statutory commitment Congress, and indeed, Mr. GILMAN. Mr. Speaker, we are all aware ment. the Nation, made to compensate these coal of rising health care costs and reports of Finally, my legislation directs HHS to set up miners and their families. abuses by private health insurance compa- a demonstration project which will go to 50 Make no mistake about it. Victims of black nies. The United States spends far more per counties over a 5-year period to provide pre- lung disease are not people who are looking capita on health care than any other major na- ventive health care services at health clinics. for a handout. tion; according to 1993 estimates, national This program will cover preventive health care They are people who worked their lives in health expenditures totaled $884 billion, or services for all children, adults under a certain one of the most dangerous occupations in this 13.4 percent of the gross domestic product income level. If above the determined income country. [GDP]. Projections on health care expendi- level, fees will be based on a sliding scale. They are people who were promised com- tures indicate that consumer spending for Additionally, the project will entail both urban pensation by their Government. And they are health services will exceed 18 percent of GDP and rural areas in different regions of our Na- people who now see their Government break in the year 2000. tion to educate the public on the benefits of that promise. As health care costs continue to climb, in- practicing preventive health care, the need for It is time, indeed, long past the time that surance carriers have increasingly used expe- periodic health exams, and the need for estab- Congress move legislation on behalf of the rience ratings and underwriting practices to re- lishing a medical history, as well as providing thousands of miners, their widows, and fami- duce their expenses. This has caused insur- services. lies who are being victimized by this program, ance companies to compete for business Mr. Speaker, we can all agree that our cur- the very program that was intended to bring based on risk selection rather than on effi- rent health care system needs to be improved, them relief. ciency or service to the customer. Essentially, and our Nation needs to become healthier. In general, this measure contains the follow- insurers find themselves competing for the Experts have concluded that practicing pre- ing proposals: healthiest, lowest-cost groupsÐa situation that ventive health care does work, and will I. New Eligibility Standards: A miner would leaves individuals, small businesses, families, produce a healthier Nation. Although there is be presumed to be totally disabled by black and high-risk groups searching for affordable, a consensus on the benefits of practicing pre- lung if the miner presents a single piece of accessible health insurance. ventive health care, only approximately 20 qualifying medical evidence such as a positive Making matters worse are reports which percent of health insurance companies offer x ray, ventilatory or blood gas studies, or a continue to surface describing practices by coverage for periodic health exams. medical opinion. The Secretary of Labor could HMO's which restrict patients access to quality Accordingly, to all my colleagues who share rebut the presumption of eligibility only if he health care. Examples include health plan re- my concern regarding the importance of pro- can show that the miner is doing coal mine strictions governing their relationships with ducing a healthier Nation, I invite and urge work or could actually do coal mine work. providers, limiting consumer access, and fail- you to cosponsor this measure, sending a II. Application of New Eligibility Standards: ing to cover or offer adequate preventive clear message to our Nation's citizens that The new standards would apply to all claims health care. Congress is taking significant steps to improve filed after enactment of the Black Lung Bene- Accordingly, I rise today to introduce legisla- our Nation's health care system. fits Act of 1991. All pending claims, and claims tion which will help produce a healthier Nation. f denied prior to enactment of the Black Lung This measure will cover individuals for periodic Benefits Act of 1991 would be reviewed under health exams, as well as counseling and im- REFORM OF THE FEDERAL BLACK the new standards. munizations. LUNG PROGRAM III. Elimination of Responsible Operators: All The Comprehensive Preventive Health and claims would be paid out of the coal industry Promotion Act of 1997 will direct the Secretary HON. NICK J. RAHALL II financed Black Lung Disability Trust Fund. The of Health and Human Services [HHS] to es- OF WEST VIRGINIA purpose of this provision is to eliminate coal tablish a schedule of preventive health care IN THE HOUSE OF REPRESENTATIVES operators as defendants in black lung cases services and to provide for coverage of these and the advantage they have over claimants services under private health insurance plans Tuesday, January 7, 1997 by being able to afford to pay legal counsel. and health benefit programs of the Federal Mr. RAHALL. Mr. Speaker, today, I am re- IV. Widows/Dependents: A widow or de- Government. introducing legislation that I have sponsored pendent of a miner would be awarded benefits More specifically, the Secretary of HHS, in for several Congresses now to form the Fed- if the miner worked 25 years or more in the consultation with representatives of the major eral Black Lung Program. mines; the miner died in whole or in part from January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E21 black lung; the miner was receiving black lung to the equally valuable contribution of non- tations on Exclusive Rights; Computer Pro- benefits when he died; or medical evidence of- elected leaders throughout our Nation. The grams,'' during the 104th Congress. Under fered by the miner before he died satisfies fabric of our society is generally enhanced and suspension of the rules, H.R. 1861 was new eligibility standards. Widows who are re- enriched by the hard work done year after passed by voice vote. ceiving benefits and who remarry would not be year by ordinary volunteer citizens. Especially The specific problem is when a computer is disqualified from continuing to receive the ben- in our inner-city communities which suffer from activated, the software is copied into the Ran- efits, and a widow would be entitled to receive long public policy neglect, local grassroots dom Access Memory [RAM]. This copy is pro- benefits without regard to the length of time leaders provide invaluable services. These are tected under section 117 of the Copyright Act, she was married to the miner. men and women who engage in activities as interpreted by the Fourth and Ninth Circuits V. Offsets: The practice of offsetting a min- which generate hope. I salute all such heroes Court of Appeals. This technical correction is er's Social Security benefits by the amount of and heroines ad BEACONS-OF-HOPE. extremely important to Independent Service black lung benefits would be discontinued. Lorrelle Henry is one of these BEACONS- Organizations [ISO's] who, without this legisla- f OF-HOPE residing in the central Brooklyn tion, are prohibited from turning on a cus- community of New York City and New York tomer's computer. A wave of litigation has THE REINTRODUCTION OF THE State. Ms. Henry served as the director of li- plagued the computer repair market. The det- FAIRNESS IN POLITICAL ADVER- braries for the New York City school system rimental effect is that ISO's are prevented TISING ACT until her retirement. She now serves as an ad- from reading the diagnostics software and junct professor at the Borough of Manhattan subsequently cannot service the computer's HON. LOUISE McINTOSH SLAUGHTER Community College. hardware. The financial reality is that the OF NEW YORK Although retired from the school system, multibillion dollar nationwide ISO industry is at IN THE HOUSE OF REPRESENTATIVES Ms. Henry continues to work as an advocate risk. for children. Ms. Henry serves as president of My bill provides language that authorizes Tuesday, January 7, 1997 the Central Brooklyn Martin Luther King Com- third parties to make such a copy of the lim- Ms. SLAUGHTER. Mr. Speaker, in this past mission; vice president of the New York City ited use of servicing computer hardware com- election season, spending levels for Federal Martin Luther King Commission; treasurer of ponents. My bill does nothing to threaten the elections shattered all previous records, for an the Brooklyn Women's Political Caucus; mem- integrity of the Copyright Act and maintains all estimated total of $1.6 billion. Given the vast ber of ALA Caldecott Committee, which se- other protections under the act. sums of money required to run for office, lects outstanding children's books; member of The intent of the Copyright Act is to protect wealthy individuals have a significant advan- the Coretta Scott King Award Jury, which se- and encourage a free marketplace of ideas. tage over ordinary citizen candidates. That is lects outstanding children's books by black au- However, in this instance, it hurts the free hardly representative government. The cost of thors; member of the board of directors of the market by preventing ISO's from servicing running for political office in America has sim- Great Day Chorale; member of the Lincoln computers. Furthermore, it limits the consum- ply become too high, and I am determined Place Block Association; and member of the er's choice of who can service their computer that we find a better way. Award of the Americas Committee, which se- and how competitive a fee can be charged. On election night, I vowed to redouble my lects outstanding children's books portraying f efforts to clean up our out-of-control campaign Latin American and Caribbean life. Moreover, finance system. Today I am reintroducing the she is a recipient of numerous awards includ- BANKRUPTCY LAW TECHNICAL Fairness in Political Advertising Act, which ing the School Library Service Award and the CORRECTIONS ACT OF 1997 would both reduce the cost of elections and New York State Martin Luther King, Jr. Presi- level the playing field by requiring broadcast dent's Award. HON. JOHN CONYERS, JR. stations to make free political advertising time Lorrelle Henry is the oldest of two children OF MICHIGAN available to candidates, as a condition of and grew up in Harlem during the exciting IN THE HOUSE OF REPRESENTATIVES those stations renewing their licenses. And be- times of Langston Hughes, Adam Clayton Tuesday, January 7, 1997 cause so many voters have expressed dismay Powell, and others. Lorrelle's parents always over negative advertising, my bill would also emphasized the necessity for donating time Mr. CONYERS. Mr. Speaker, today I am in- require that the programming consist of uned- and energy to neighbors and community. In troducing the Bankruptcy Law Technical Cor- ited segments in which the candidate speaks addition, her parents encouraged their children rections Act of 1997. This legislation provides directly into the camera. In this way, can- to be political activists. a number of much-needed technical correc- didates would be directly accountable for any Lorrelle Henry is a native New Yorker who tions and updates to our bankruptcy laws. statements made. attended the city's public schools. She later Many of the changes identified in the bill are My first responsibility in this Congress is to graduated from Brooklyn College and obtained designed to remedy drafting errors in the see that the people of New York's 28th Con- a master's in library science from St. John's Bankruptcy Reform Act of 1994, while others gressional District, as well as our Nation, ex- University. relate to provisions in the Bankruptcy Code perience fair and clean campaigns in the Ms. Henry is the mother of three children, which pre-date the 1994 changes. The legisla- years to come. The Fairness in Political Ad- Michelle, Gairre, and Scott. And she is the tion is based in part on a series of changes vertising Act would go a long way toward re- proud grandmother of Kahlil, Shaniqua, Naren, brought to Congress' attention by the non- ducing the influence of money on our elec- and Jordan. partisan National Bankruptcy Conference last tions. I urge Congress to enact it now. Lorrelle Henry is a BEACON-OF-HOPE for Congress, many of which were incorporated f all of central Brooklyn and for all Americans. into S. 1559, the Bankruptcy Technical Cor- f rections Act of 1996. A BEACON-OF-HOPE FOR ALL Among other things, the bill I am introducing AMERICANS: LORRELLE HENRY COMPUTER MAINTENANCE COM- today updates a number of definitions, clarifies PETITION ASSURANCE ACT OF that debtors' attorneys may be compensated HON. MAJOR R. OWENS 1997 out of the debtor's estate, clarifies the types of OF NEW YORK professional services which are eligible for ad- IN THE HOUSE OF REPRESENTATIVES HON. JOE KNOLLENBERG ministrative expense treatment, and provides that the 1994 amendments to section 525(c) Tuesday, January 7, 1997 OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES apply only to bar discrimination concerning Mr. OWENS. Mr. Speaker, with the 1996 students loans and grants because of prior election behind us, this Nation has completed Tuesday, January 7, 1997 bankruptcies. another cycle of the ongoing democratic proc- Mr. KNOLLENBERG. Mr. Speaker, I rise The bill also specifies that in 1994, when ess which makes America great. The electoral today to introduce a bill to ensure that a com- Congress overruled the Deprizio line of cases, process and the public officials selected puter owner may authorize the activation of we intended the new law to apply to transfers through this process are invaluable assets in their computer by a third party for the limited of liens in property. In addition, the bill modi- our quest to promote the general welfare and purpose of servicing computer hardware com- fies section 365 of the Bankruptcy Code to, to guarantee the right to life, liberty, and the ponents. This is the same language that I among other things, make it clear that sub- pursuit of happiness. It is important, however, worked with former Chairman Carlos Moor- section (b)(2)(D), providing an exception to the Mr. Speaker, that we also give due recognition head to include in H.R. 1861, section 7, ``Limi- obligations which must be cured in order for E22 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 the trustee to assume a lease, covers penalty Rev. King's message was that ``hate destroys Many private interests already make signifi- rates as well as penalty provisions, thereby the hater more than the hated.'' cant investments in education technology. In overruling In re Claremeont Acquisition Corp., We have a long way to go before prejudice my San Diego County congressional district, 186 B.R. 977, 990 (C.D. Cal. 1995). and intolerance are eradicated. It behooves us major employers like Sony, Pacific Bell and The bill also clarifies and updates a number all on the birthday of this great American, to Qualcomm invest significant time and re- of matters relating to trustees. Among other recall his vital and timeless message. sources into adopting local public schools. My things, the legislation clarifies the procedure Martin Luther King's birthday is an appro- annual High Tech Fair introduces thousands for electing private trustees in chapter 11 priate time for all Americans to remember that of high school students to our community's cases, specifies that trustees may operate in we must continue to move forward, until the leading high-tech employers and the work they a full range of professional capacities and re- day when all of us are afforded full oppor- are doing for the future. An organization called tain brokers who work under a range of com- tunity, and that none of us have to be con- the San Diego Science Alliance gathers to- pensation arrangements, and eliminates the cerned that race, color, creed, or ethnic herit- gether dozens of companies and university re- outdated trustee residency requirement in age are a hindrance to any individual, or to search organizations to expand student and chapter 7 cases. our nation as a whole. teacher interest in technology, science, and Finally, the bill eliminates the construction of Dr. King kept urging his fellow Americans to research. The Detwiler Foundation, located in the Bankruptcy Code which prevented non- free themselves from the shackles of hatred. La Jolla, CA, has expanded nationally its inno- individuals from bringing actions for violations Let us resolve, in these last few years of the vative plan to accept donations of computers, of the automatic stay, and conforms the grace 20th century, to recommit ourselves to the refurbish them to the state-of-the-art, and in- period for filing security interests under section goals with which Martin Luther King inspired stall them in classrooms. And several major 547 to 20 daysÐconsistent with other provi- us all over a quarter century ago. education software firms, including Jostens sions in the Bankruptcy Code. f and the Lightspan Partnership, are working on With a record million plus bankruptcy filings A PROPOSAL TO BRING OUR bringing technology into classrooms from in 1996, it is essential that we act to smooth SCHOOLS INTO THE 21st CENTURY headquarters in San Diego County. the operation of our insolvency laws. These As a father, as a former teacher, coach and technical changes will benefit both debtors top gun instructor, and as the past chairman and creditors, and it's my hope that Congress HON. RANDY ‘‘DUKE’’ CUNNINGHAM of the House Subcommittee on Early Child- can quickly take up and pass this bill during OF CALIFORNIA hood, Youth and Families, I am more con- the 105th Congress. IN THE HOUSE OF REPRESENTATIVES vinced now than ever before that the need is f Tuesday, January 7, 1997 so great that more must be done to bring the Mr. CUNNINGHAM. Mr. Speaker, I rise education of our young people into the 21st IN HONOR OF MARTIN LUTHER today to discuss our education system and to Century. Congress is now investing about $1 KING, JR. propose legislation that I am developing to billion annually into education technology, but help accelerate our society's private invest- this is a drop in the bucket. Years of Govern- HON. BENJAMIN A. GILMAN ment in our young people. ment overspending, deficits and debt make a OF NEW YORK The key to the continued success and sur- more massive direct Federal investment pro- IN THE HOUSE OF REPRESENTATIVES vival of America and of individual Americans is gram unfeasible and unlikely. We should in- Tuesday, January 7, 1997 the quality of our children's education. As we stead work to direct the innovation and energy approach the 21st Century, our education sys- of private enterprise to the education of our Mr. GILMAN. Mr. Speaker, later this month tem and our young people alike face tremen- young people. Americans will commemorate the birthday of dous challenges. This is why I am developing legislation to an outstanding patriot and great moral leader, We agree that today's classrooms are sup- expand tax incentives for American busi- the late Rev. Dr. Martin King, Jr. ported by dedicated teachers, involved fami- nesses to invest privately and directly in their Rev. King is so vital in the memory of those lies, and bright young children. But many of local classrooms. Today, companies can de- of us who are old enough to remember him our Nation's classrooms lack the important duct from taxable income the depreciated that it is hard to imagine that, had he not been technological resources that they need to train value of products which are donated to chari- so tragically murdered, he would be celebrat- both teachers and students in the ways of the table tax-exempt organizations. Under my ing his 68th birthday this month. Dr. King was future. Most jobs today, and a vast majority of plan, companies such as telephone compa- such a vibrant personality and so reflective of jobs in the future, demand familiarity and skill nies, computer networking firms, software his times one can only wonder what his role with high technology. Technological literacy companies, and perhaps even professionals in would be today had he not been taken from has long been a must for our scientists and high-tech training would be offered an ex- us at such a young age. engineers. But technological literacy is in- panded tax incentive to donate equipment or Today, the entire Nation is in debate regard- creasingly a prerequisite for factory production services to local schools. ing Proposition 209 in California, with both workers, law enforcement personnel, office This type of tax incentive would expand pri- sides claiming that theirs is the path to true ra- staffs and thousands of other careers less fre- vate investment in the technological literacy of cial justice. A popular current motion picture quently associated with technology and the America's young people. It would accelerate depicts the 30 year struggle to bring the as- present revolution in telecommunications. the equipping of our young people for the sassin of Medgar Evers at long last to justice. How is our system of education meeting this high-tech environment that exists today, and Our talk shows and pundits have devoted a tremendous change? Despite good intentions, tomorrow as well. great deal of time debating the policy of the it is not doing well enough. Less than one in Such legislation raises important questions. Oakland, CA, school system in treating eight of our classrooms has a phone jack. Should the expanded tax credit be available ebonics as a separate language. Americans Fewer than 1 in 50 classrooms are connected for donations to private schools and everywhere have been appalled throughout to the Internet, one of the fastest-growing and homeschooling organizations, in addition to the past year regarding the burning by most dynamic information tools of our time. public schools? How can the credit be limited arsonists of predominantly Afro-American Fortunately, Congress last year enacted com- only to those donations that are part of a churches throughout the Nation but especially prehensive telecommunications reform legisla- school's own education technology plan. It in the South. A few weeks ago, Dr. King's as- tion which will heavily discount the rates should not be an incentive for companies to sassin lay near death in a Tennessee hospital, schools will pay for interactive connectivity. dump obsolete equipment or software on with people all around the world hoping that, But the challenge extends beyond needs for schools that do not want it. What constitutes on his deathbed, he would finally reveal the technological linkups and hardware. Too many appropriate products and services that would truth of that tragic day in 1968, and if he in- of our teachers lack the hardware, software, or be eligible for the expanded credit, and how deed acted alone. training to teach young people about tech- should they be valued? One can only speculate on what Dr. King's nology, or to harness technological advance- These issues should not stop us from taking comments would have been in these and ments to improve education as it has trans- action. The job of bringing the education of other controversies. formed commerce and communications. our children into the 21st Century is a tremen- We do know, however, that Dr. King would Without early training in computer program- dous task. But while the task is great, I remind have reminded us in each and every one of ming or digital technology, many of our future my colleagues that the opportunity for this pro- these instances of the message he devoted leaders will start off in life at a severe dis- posal to benefit our country and our children his life to deliver, and which cost him his life. advantage. is greater still. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E23 Mr. Speaker, as I continue to develop this IN HONOR OF THE FAIRPORT FIRE annual Community Health Fair to her church, important legislation, I encourage my col- DEPARTMENT MARCHING BAND St. Catherine's of Genoa in Brooklyn. Her so- leagues to discuss this important matter with cially conscious political work has brought her families, teachers, school staffs, employers HON. LOUISE McINTOSH SLAUGHTER talents to a number of important organizations. and universities in their own congressional dis- OF NEW YORK She is one of the founding members of two or- tricts. Recommendations and suggestions are IN THE HOUSE OF REPRESENTATIVES ganizations: Caribbean Women's Health Asso- most welcome, and should be directed to my Tuesday, January 7, 1997 ciation and Community Action Project [CAP]. Washington office. Ms. Papillon's community focus continues in Ms. SLAUGHTER. Mr. Speaker, I rise to her work with the Community Affairs Depart- pay tribute to the Fairport Fire Department f ment of the New York City Police 67th Pre- Marching Band, which celebrated its 25th an- cinct. She is also an enthusiastic member of niversary on January 4, 1997. 100 Women for Major Owens; second vice SMALL COMMUNITIES CDBG Over the past 25 years, this group of tal- president of the Martin Luther King Commis- MULTIPURPOSE FACILITIES ACT ented musicians has spread its reputation sion; member and past membership chair of across New York State. The band regularly the Brooklyn Women's Political Caucus, and a participates in the St. Patrick's Day Parade in liaison for the Democratic Party for Haitian- HON. BILL RICHARDSON Syracuse, NY, and the ``Christmas In July'' American Democrats in Brooklyn. OF NEW MEXICO Parade in Clayton, NY. It has received numer- Among the many awards and commenda- ous prizes and honors, including winning the IN THE HOUSE OF REPRESENTATIVES tions received by Evy Papillon are: Kingsboro State championship 5 of the past 7 years. The Psychiatric Center Family Care Program Tuesday, January 7, 1997 band also has had the honor of displaying its Award; New York City State Employees Fed- musical talent to Vice President AL GORE. erated Appeal Recognition Award; Director's In addition to parading and competing, the Mr. RICHARDSON. Mr. Speaker, today I am Award, Kingsboro Psychiatric Center; and the players perform numerous concerts throughout pleased to introduce legislation that will enable Central Brooklyn Martin Luther King Commis- the Rochester area. The Rochester community small towns across our Nation to fully benefit sion Award. benefits immeasurably from the contributions from the community development block grant Evy Papillon emigrated to the United States program available through the Department of of this dedicated and talented group of people. I extend my congratulations to them as they from Jeremie, Haiti in 1959. She is a graduate Housing and Urban Development. celebrate 25 years of making music. of St. Joseph's College LaChine at the Univer- sity of Montreal where she received a bach- My bill would amend the community devel- f opment block grant regulations to allow munic- elor of arts degree in nursing and attended St. ipal employees in towns of 5,000 or less popu- BEACON-OF-HOPE FOR ALL Joseph's College in New York where she re- AMERICANS: EVY PAPILLON ceived a bachelor of arts in 1983, and a mas- lation to use not more than 25 percent of the ter of arts in 1986 in health administration. square footage in facilities purchased, con- Evy Papillon is a BEACONS-OF-HOPE for structed or renovated with CDBG funds. HON. MAJOR R. OWENS OF NEW YORK Central Brooklyn and for all Americans. I am introducing this legislation after learn- IN THE HOUSE OF REPRESENTATIVES f ing of a problem in the Village of Grady, a Tuesday, January 7, 1997 small community in eastern New Mexico. COMPREHENSIVE FETAL ALCOHOL SYNDROME PREVENTION ACT Strapped for adequate office space, municipal Mr. OWENS. Mr. Speaker, with the 1996 employees sought and received what they election behind us, this Nation has completed thought was appropriate Government approval another cycle for the ongoing democratic proc- HON. BILL RICHARDSON to move into a small space in a facility built ess which makes America great. The electoral OF NEW MEXICO process and the public officials selected with CDBG funds. But lo and behold, once the IN THE HOUSE OF REPRESENTATIVES through this process are invaluable assets in move took place, a further examination of our quest to promote the general welfare and Tuesday, January 7, 1997 Government regulations revealed that the vil- to guarantee the right to life, liberty, and the Mr. RICHARDSON. Mr. Speaker, today, I lage is prohibited by law from occupying any pursuit of happiness. It is important, however, am pleased to be introducing legislation to space in a building built with CDBG funds. Mr. Speaker, that we also give due recognition help lead the battle to end fetal alcohol syn- The financially strapped village is now stuck to the equally valuable contribution of non- drome. The Comprehensive Fetal Alcohol with a $13,500 expense to remain in the build- elected leaders throughout our Nation. The Syndrome Prevention Act will establish a well- ing. fabric of our society is generally enhanced and coordinated prevention program to help end A small town has a severely limited tax enriched by the hard work done year after one of the most devastating conditions afflict- base. It cannot afford to construct separate year by ordinary volunteer citizens. Especially ing our Nation's children today. buildings for every essential service offered its in our inner-city communities which suffer from Fetal alcohol syndrome is a frustrating prob- residents. It cannot afford to purchase dupli- long public policy neglect, local grassroots lem in our society today. It is completely pre- cate office equipment and supplies nor to pay leaders provide invaluable service. These are ventable. Very simple. No alcohol. No birth de- fects. It sounds like it would be easy to elimi- insurance, utilities, and maintenance expenses men and women who engage in activities nate this problem but it's not. on several buildings. which generate hope. I salute all such heroes and heroines as BEACONS-OF-HOPE. Fetal alcohol syndrome remains one of the Citizens who are hired for municipal jobs in Evy Papillon is one of these BEACONS-OF- top three causes of birth defects in this Nation small communities, such as clerks, policemen, HOPE residing in the Central Brooklyn com- and the leading known cause of mental retar- firemen, and emergency medical service em- munity of New York City and New York State. dation. In my home State of New Mexico, ployees, must often share job responsibilities. Throughout the years, Evy Papillon has some parts of the State have rates of fetal al- Not only is it not economically feasible, but it worked diligently in positions that she found to cohol syndrome from two to five times higher is very difficult for these employees to work be beneficial to the community. She is directly than the national average. form separate buildings in terms of job com- responsible for community enhancement ef- The bill being introduced in the House today munication and coordination. forts that impact the social-human services is an important step in the right direction to- and health care. Every Saturday, Ms. Papillon ward eliminating this problem. This legislation Small towns must provide vital services to devotes her time toward feeding the homeless will help create comprehensive public edu- their residents. To do so efficiently, municipal at her own expense. A member of Foyer cation, prevention, and research programs employees must be able to conduct business Chretien since 1993, she assists Haitians and within the Department of Health and Human in decent, affordable, and convenient facilities. Haitian-Americans with problems regarding il- Services. The bill will give us a coordinated We must give our small communities special literacy and financial challenges. She also system to begin to really reduce the incidence consideration and enable them to make the helps individuals obtain visas, gain residency, of this very costly birth defect. best use of limited funding resources. A multi- and encourages them to fulfill civic responsibil- The bottom line is that we must get Federal purpose use of facilities purchased, built or ities. funds to the areas that count: to schools, to renovated with community development block Recognizing the importance of early detec- community health centers, and to clinics. In grants is the only answer. tion of breast cancer, Evy Papillon brought the those places, the funds can be used to spread E24 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 the word about the dangers of consuming al- The MacBride Principles campaign has Ireland had shared economic development cohol during pregnancy. been the most effective and meaningful effort and provides for economic justice among both It's obvious that we have not yet found an by Irish America, and their many allies around traditions. effective way to prevent women from consum- the world, against the systemic and longstand- Only then can peace and justice take firm ing alcohol during pregnancy. In fact, recent ing anti-Catholic discrimination in employment and lasting hold in Northern Ireland. The studies have shown that the number of those practices in Northern Ireland. I have been Macbride Principles provide a vital tool to help born with fetal alcohol syndrome is actually on pleased to work with the Irish National Cau- ensure that the United States neither accepts the rise. We have been given a challenge to cus, and AOH, and other outstanding Irish- nor in any way helps maintain the totally unac- our Nation's public health and we have so far American groups, and the American labor ceptable status quo of twice the level of failed to meet it. movement, in this very important cause. Catholic unemployment as that of the other As we begin to earnestly debate how to re- The MacBride effort has played a vital role tradition which still exists in Northern Ireland form our health care system, it only makes in keeping the issue of anti-Catholic discrimi- today. sense that we work to eliminate health care nation in Northern Ireland visible and in the Accordingly, I urge all my colleagues con- problems in our country that can be com- public eye, including as part of any United cerned about lasting peace and justice in pletely prevented. States foreign assistance to Northern Ireland. Northern Ireland to support this bill we are in- We must face these challenges and meet The initial campaign was instrumental in bring- troducing today. them head on. Eliminating these completely ing about the British Government's Fair Em- f preventable problems will not only go a long ployment Act of 1989. INTRODUCTION OF INDEPENDENT ways toward improving our health care sys- Much more still needs to be done to ad- COUNSEL LAW REFORM tem, but also the lives of our people. dress a serious and continuing problem in f Northern Ireland, where Catholics are still HON. JOHN CONYERS, JR. MAC BRIDE PRINCIPLES BILL twice as likely to be unemployed as that of their Protestant counterparts. This is unfair OF MICHIGAN and must change if lasting peace and justice IN THE HOUSE OF REPRESENTATIVES HON. BENJAMIN A. GILMAN are ever to take hold in Northern Ireland. Tuesday, January 7, 1997 OF NEW YORK The bill we are introducing today will help IN THE HOUSE OF REPRESENTATIVES Mr. CONYERS. Mr. Speaker, today I am in- bring about much needed additional change, troducing a new bill that will amend the inde- Tuesday, January 7, 1997 at least as to employment practices of the pendent counsel law to reform many of the Mr. GILMAN. Mr. Speaker, today I rise to in- many United States firms doing business in current law's clear blemishes. troduce the Federal MacBride Principles bill. I the north of Ireland today. Although this bill is not intended to embar- am pleased once again to be joined by my The MacBride Principles have the support of rass or target the Whitewater independent distinguished colleague and Ad Hoc Commit- many in the Irish Government, the European counsel Ken Starr, the need for serious revi- tee for Irish Affairs co-chair, Mr. MANTON of Parliament, and both major political parties sions to the independent counsel law has be- New York, as an original cosponsor of this im- here in the United States we are also pleased come clear to me after observing the abuses portant bipartisan antidiscrimination measure to see this same support for MacBride in- taking place in the Whitewater case. Whatever dealing with employment practices in Northern cluded for the first time ever in both major po- your view of Whitewater, you may be sur- Ireland. litical party platforms this past presidential prised to learn that the investigation of Fair employment for Catholics in Northern election year here in the United States. Whitewater has already cost more money and Ireland is an issue that has for many years Mr. Clinton as a candidate pledged during involved more FBI agents than the investiga- concerned me, as well as millions of Irish here the 1992 Presidential campaign that he would tion of the World Trade Center bombing. in America, and all around the globe. support the MacBride Principles. However, No matter how serious you think Whitewater I was very pleased in the 104th Congress to during the 104th Congress he forgot that may be, there is absolutely no comparison be- not only hold congressional hearings on this pledge while his administration fought from the tween a land deal that occurred over 17 years subject matter, but to also lead the effort for outset my efforts at inclusion of the MacBride ago and a terrorist conspiracy to blow up a the first ever congressional passage of the Principles are part of the U.S. contribution to major American landmark and office building, MacBride Fair Employment Principles as part the IFI in the foreign aid bill. killing many people, injuring scores of others, of our United States taxpayer contribution to The President says he continues to support reeking havoc and mayhem on the entire city the International Fund for Ireland [IFI]. the MacBride Principles. These principles of New York, and causing millions of dollars in This bill, which we introduce today, incor- have been passed into law in 16 States, in- damages. porates all of the minor changes we made in cluding our own State of New York. Many The office of the independent counsel has the MacBride Principles, i.e., principles of eco- American cities and towns have also passed run amok. It is time that we stopped allowing nomic justice as defined and passed by the laws or resolutions on the principles. Indeed, independent counsels to run off on their own last Congress as part of the U.S. contribution the U.S. Congress allowed the principles to with no accountability to run up bills running to the IFI in the foreign aid bill I referenced become law for the District of Columbia on into the millions of dollars with little to no ben- earlier. The MacBride Principles have not March 16, 1993; and we passed them last efit for the American people. been changed in any substantive way. year as part of the foreign aid authorization The prosecution of Whitewater has also We must treat equally those who would re- bill, but regret some we were not able to over- brought up many ethical mattersÐbeginning ceive any United States foreign assistance, come the President's veto of this bill, and with the initial appointment process. My bill will the very same as we do United States em- make them law. require all ex parte communications relating to ployers doing business in Northern Ireland. The President after his veto of the foreign the appointment of an independent counsel by The changes made in the Federal MacBride aid bill during the 104th Congress, ordered his the judges who appoint the counsel to be me- bill I am introducing today governing these U.S. Agency for International Development morialized. United States employers doing business there, Administrator Brian Atwood, and our U.S. ob- The appointment of Ken Star has also will also serve to make our approach to both server to to the IFI to work to ensure that the flagged several other ethical issues that recipients of foreign aid and United States em- IFI complied as least as to the U.S. contribu- should be considered before the appointment ployers doing business in Northern Ireland, to- tion, with our provisions included as part of the of any future counsels. tally consistent, and identical, as well. foreign aid bill (H.R. 1561). His move rep- Are lawyers who have previously rep- Our bill would prohibit all United States resented some progress, but we must do resented people with interests adverse to the companies in Northern Ireland from exporting more, and codify these principles into law. We target of the investigation truly able to be inde- their products back to the United States, un- would welcome the President's support for pendent? Ken Starr represented Paula Jones, less they are in compliance with these simply these efforts. the woman who is suing the President for sex- straightforward MacBride Principles intended We must be all we can to help address and ual harassment, and the Bradley Foundation, to deal with, and help promote economic jus- bring focus to hear on the twin problems of a conservative organization known for its vitri- tice in the north of Ireland. These principles unemployment and discrimination, especially olic coverage of Whitewater. Such prior rep- serve as a set of guidelines for fair employ- in the Catholic community in Northern Ireland. resentation raises, to my mind, at the very ment by establishing a code of corporate con- The U.S. can help pay a important role in the least, the appearance of a conflict. duct, which explicitly does not require quotas, chances for lasting peace and justice in North- In addition, while pursuing the Whitewater or any form of reverse discrimination. ern Ireland by working to ensure that Northern matter, Judge Starr has remained affiliated January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E25 with the law firm of Kirkland & Ellis where he SEC. 4. BASIS FOR PRELIMINARY INVESTIGA- PROTECT CALIFORNIA’S COAST- pulls down over a million dollars a year. Do TION. LINE WITH A MORATORIUM ON we want an independent counsel who will in- This section requires the Attorney General OIL AND GAS DEVELOPMENT vestigate the matter and do his or her job as to conduct a preliminary investigation quickly as possible without distractions or do whenever she has received specific informa- tion from a credible source that an individ- HON. RANDY ‘‘DUKE’’ CUNNINGHAM we want someone who fits the investigation in OF CALIFORNIA around other commitments so as not to dimin- ual subject to the Independent Counsel Law has committed any federal felony or any fed- IN THE HOUSE OF REPRESENTATIVES ish his high salary? eral misdemeanor for which there is an es- Tuesday, January 7, 1997 Mr. Starr's continued affiliation with his firm tablished pattern of prosecution. raises other troubling ethical questionsÐ Mr. CUNNINGHAM. Mr. Speaker, I rise should an independent counsel be in the posi- SEC. 5. SUBPOENA POWER. today to introduce legislation to extend the tion of questioning individuals who are in turn This section gives the Attorney General moratorium on oil and gas development in the questioning his own law firm about their prior the power to issue subpoenas duces tecum Outer Continental Shelf [OCS] off the coast of activitiesÐin this case the Resolution Trust when conducting a preliminary investiga- California. This legislation is similar to H.R. Corporation? tion. 219 from the 104th Congress. It seems to me that the special court should SEC. 6. LEVEL OF EVIDENCE. Californians strongly favor continuing this at least consider such conflicts when appoint- moratorium. The State of California has en- This section allows the Attorney General acted a permanent ban on all new offshore oil ing an independent counsel and my bill will re- to determine that there is no basis for an in- development in State coastal waters. In addi- quire the court to consider such issues. vestigation to continue if, by a preponder- As important as these ethical questions are, ance of the evidence, she determines that the tion, California Gov. Pete Wilson and State an even greater problem is that these ques- subject of the investigation lacked the req- and local community leaders up and down tions distract us from the main issueÐthe uisite state of mind. California's coast have endorsed the continu- Whitewater investigation itself. In recent ation of this moratorium. SEC. 7. PROSECUTORIAL JURISDICTION OF INDE- I believe that the environmental sensitivities months you have not been able to read a sin- PENDENT COUNSEL. gle article about Whitewater before bumping along the entire California coastline make the into a discussion of Ken Starr's ethical jungle. This section limits the scope of the inde- region an inappropriate place to drill for oil pendent counsel’s investigation to those Because the office of the independent counsel using current technology. A 1989 National matters for which the Attorney General has Academy of Sciences [NAS] study confirmed is so important and so high profile, those ap- requested the appointment of the counsel pointed to the position should not have even and matters directly related to such crimi- that new exploration and drilling on existing the appearance of conflicts. nal violations, including perjury, obstruction leases and on undeveloped leases in the My bill would require a court appointing an of justice, destruction of the evidence, and same area would be detrimental to the envi- independent counsel to look at the potential intimidation of witnesses. ronment. Cultivation of oil and gas off the coast of California could have a negative im- counsel's past and present conflicts and to SEC. 8. CONSULTATION WITH THE DEPARTMENT consider whether the counsel should work on OF JUSTICE. pact on California's $27 billion-a-year tourism the investigation full time. and fishing industries. This section allows an independent counsel I also want to note my grave disappointment This legislation focuses on the entire State to consult with the Department of Justice of California, and would prohibit the sale of over the politicization of efforts to revise the regarding the policies and practices of the independent counsel law. Department is such consultation would not new offshore leases in the southern California, Last February, the Crime Subcommittee compromise the counsel’s independence. central California, and northern California plan- held a hearing on this matter and there ap- ning areas through the year 2007. New explo- SEC. 9. AUTHORITIES AND DUTIES OF INDEPEND- ration and drilling on existing active leases peared to be widespread bipartisan agreement ENT COUNSEL. that the statute is in need of revisions. and on undeveloped leases in the same areas This section requires the independent I hope that Chairman HYDE will consider this would be prohibited until the environmental counsel to comply with the Department of concerns raised by the 1989 National Acad- bill, and in the spirit of bipartisanship that was Justice’s policies for handling the release of exhibited during the independent counsel emy of Sciences study are addressed, re- information relating to criminal proceed- solved, and approved by an independent peer hearing, schedule a markup as quickly as pos- ings. sible. review. This measure ensures that there will This section requires the independent CONYERS’ INDEPENDENT COUNSEL LAW— be no drilling or exploration along the Califor- counsel to petition the court, after 2 years, nia coast unless the most knowledgeable sci- SECTION BY SECTION for funding to continue the investigation. entists inform us that it is absolutely safe to do SECTION 1. SHORT TITLE. This section also requires the periodic re- The title of the bill is the ‘‘Independent ports filed by the independent counsel to in- so. Counsel Accountability and Reform Act of clude information justifying the office’s ex- I am proud to be working to protect the 1997.’’ penditures. beaches, tourism, and the will of the people of SEC. 2. EXTENSION. California. I ask my colleagues to join me in SEC. 10. REMOVAL, TERMINATION AND PERIODIC This section reauthorizes the Independent REAPPOINTMENT OF INDEPENDENT cosponsoring this legislation. Counsel Act. COUNSEL. f SEC. 3. APPOINTMENT AUTHORITY. This section adds the subject of the inves- A BEACON-OF-HOPE FOR ALL This section requires at least one member tigation to the list of those who can seek the AMERICANS: EDENA C. GILL of the division of the court appointing an termination of the independent counsel on independent counsel to have been named to the ground that the investigation has been the Federal bench by a President of a dif- completed or that it would be appropriate for HON. MAJOR R. OWENS ferent political party than the other two the Department of Justice to complete the OF NEW YORK members of the court. investigation or conduct any prosecution. This section gives the District Court for IN THE HOUSE OF REPRESENTATIVES the District of Columbia jurisdiction over This section requires the independent Tuesday, January 7, 1997 the special division. counsel to petition the court for reappoint- This section provides that the members of ment every 2 years and allows the court to Mr. OWENS. Mr. Speaker, with the 1996 the special division shall be bound by the Ju- appoint a new counsel if the court finds that election behind us, this nation has completed dicial Code of Conduct. It authorizes the appointed counsel is no longer the appro- another cycle for the ongoing democratic proc- judges appointing an independent counsel to priate person to carry out the investigation. ess which makes America great. The electoral seek comments about potential nominees, process and the public officials selected SEC. 11. JOB PROTECTIONS FOR INDIVIDUALS but requires them to memorialize, not the UNDER INVESTIGATION. through this process are invaluable assets in substance, but the fact of those communica- our quest to promote the general welfare and This section protects individuals whose po- tions. to guarantee the right of life, liberty and the This section requires the special division sitions are not excepted from the competi- to consider whether: (1) a potential independ- tive service on the basis of confidential, pol- pursuit of happiness. It is important, however, ent counsel has any conflicts of interest; (2) icy-determining, policymaking, or policy ad- Mr. Speaker, that we also give due recognition will devote him or her self to the investiga- vocating character from being terminated to the equally valuable contribution of non- tion full time; and (3) the potential counsel for the sole reason that the person is the sub- elected leaders throughout our nation. The has prosecutorial experience. ject of an independent counsel investigation. fabric of our society in generally enhanced E26 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 and enriched by the hard work done year after had family incomes of less than $16,000 per Second National Blue Ribbon Commission to year by ordinary volunteer citizens. Especially year. Nurse practitioners rate as high in finan- Eliminate Waste in Government Act. This leg- in our inner city communities which suffer from cial efficiency as they do in consumer satisfac- islation is similar to H.R. 217 from the 104th long public policy neglect, local grassroots tion. Their ability to focus on preventative and Congress. Building upon the example set by leaders provide invaluable service. These are curative medical services contribute to the the Grace Commission in 1982±84, my legis- men and women who engage in activities quality as well as the cost-effectiveness of the lation creates an independent private sector which generate hope. I salute all such heroes care they provide. commission to help Congress eliminate Gov- and heroines as BEACONS-OF-HOPE. It is well known that a majority of our under- ernment waste. Edena C. Gill is one of these BEACONS- served populations are located in rural and The Grace Commission, officially estab- OF-HOPE residing in the central Brooklyn inner city settings across the Nation. While lished as the President's Private Sector on community of New York City and New York nurse practitioners are willing and able to pro- Cost Control in the Federal Government, mar- State. During the 1960's, Ms. Gill became in- vide services in these settings, not all nurse shaled the considerable private sector re- volved in the Civil Rights Movement and was practitioners are currently being reimbursed by sources of more than 2,000 business profes- motivated by such mentors as Jitu Weusi, Al Medicaid for their services in these areas. sionals at no cost to the taxpayers. After 2 Vann and many others who were involved in Nurse practitioners can play a central role in years of investigating the Federal Government the Ocean Hill Brownsville fight. She even achieving our national goal of providing qual- for more cost-effective ways of doing the Na- worked with assemblyman Roger Green on ity, cost-efficient health care for all citizens. I tion's business, the Grace Commission deliv- his first campaign. am hopeful this legislation will help to elimi- ered its final report to President Reagan in Currently, she is a member-at-large of the nate disparities in access to care for rural and 1984. This effort yielded more than 2,000 Thrugood Marshall Democratic Club; recording inner city Medicaid populations by providing commonsense, cost-cutting recommendations, secretary for the Central Brooklyn Martin Lu- direct reimbursement to nurse practitioners two-thirds of which have become law and ther King Commission; member of the 100 and clinical nurse specialists who have proven saved taxpayers nearly $450 billion. In addi- Women for Major R. Owens; and member of their ability to deliver quality care in a cost ef- tion, this commission helped establish the pri- the First Baptist Church of Crown Heights. fective manner. vate, nonpartisan organization known as Citi- Among her other affiliations, Ms. Gill is in- f zens Against Government Waste. volved with the National Association of Busi- DEFEND THE RIGHT TO LIFE Building upon that example, my legislation ness and Professional Women's Club, Inc. establishes a commission to take several addi- where she serves as President. Elena Gill also HON. JO ANN EMERSON tional steps toward curbing waste in Govern- became active with the Lefferts Avenue Moth- OF MISSOURI ment. First, the commission would survey the ers, an offshoot of the Lefferts Avenue Block IN THE HOUSE OF REPRESENTATIVES private sector for management and cost con- Association. She joined the Melvin Walker trol methods to be used in the Federal Gov- Democratic Club which later became part of Tuesday, January 7, 1997 ernment. Second, the panel would conduct in- the Partners for Progress Democratic Club. Mrs. EMERSON. Mr. Speaker, I rise today depth reviews of executive branch operations. Married and a mother of two, sons Kyle and to introduce a constitutional amendment for Third, the panel would review and reevaluate Gary, Edena Gill has distinguished her life as the protection of the right to life. Tragically, past reports by agencies such as the Con- one of dedication to community, God and to this most basic of human rights has been dis- gressional Budget Office and the General Ac- family. regarded, set aside, abused, spurned, and counting Office. Edena Gill is a BEACONS-OF-HOPE for sometimes altogether forgotten. Even more This 12-member commission would be ap- Central Brooklyn and for all Americans. tragically, the U.S. Government has been a pointed by the President and the bipartisan f willing partner in this affair, and the sad con- leadership of Congress, with no more than six sequence is the sacrifice of something far members of the same political party. After the INTRODUCING NURSE PRACTITION- more important than just principle. thorough review, the commission would report ERS MEDICAID REIMBURSEMENT One of the things that sets America apart its findings and recommendations to Con- from the rest of the world is the fact that in gress. The commission's finding would serve HON. BILL RICHARDSON this country, everyone is equal before the law. as a basis for Congress to reduce waste and OF NEW MEXICO Regardless of race, religion, or background, streamline Government operations. IN THE HOUSE OF REPRESENTATIVES each person has fundamental rights that are I hope that all my colleagues will join me to guaranteed by the law. However, we too often Tuesday, January 7, 1997 promote greater fiscal responsibility and more overlook the rights of perhaps the most vulner- effective Government by cosponsoring this Mr. RICHARDSON. Mr. Speaker, I am able among usÐthe unborn. When abortion is legislation. proud to introduce legislation to provide Med- legal and available on demand, then where f icaid coverage for all certified nurse practition- are the rights of the unborn? When abortion is ers and clinical nurse specialists for services sanctioned and sometimes paid for by the WILLIAM DAVIDSON’S GIFT TO they are legally authorized to perform. Government, then how do we measure the de- CREATE THE FIRST SCHOOL FOR Nurse practitioners provide vital primary gree to which life has been cheapened? When MANAGEMENT OF TECHNOLOGY care services to the underserved populations an innocent life is taken before its time, then IN ISRAEL in our country. It is time we take full advan- how can one say that this is justice in Amer- tage of the quality, cost-effective primary care ica? HON. TOM LANTOS My amendment would establish beyond a provided by nurse practitioners. OF CALIFORNIA doubt the fundamental right to life. Congress The legislation I am introducing would en- IN THE HOUSE OF REPRESENTATIVES able all nurse practitioners, regardless of spe- has an obligation to do what it has failed to do cialty, to provide care to Medicaid recipients. for so long, fully protect the unborn. I urge this Tuesday, January 7, 1997 Currently, patients are able to access the care body to move forward with this legislation to Mr. LANTOS. Mr. Speaker, I invite my col- of certain nurse practitioners such as family put an end to a most terrible injustice. leagues to join me in commending Mr. William and pediatric nurse practitioners, but others f Davidson, president and CEO of Guardian In- such as adult and women's health nurse prac- INTRODUCING THE SECOND NA- dustries Corp., and managing partner of the titioners are not accessible. TIONAL BLUE RIBBON COMMIS- National Basketball Association's Detroit Pis- Over 400 studies have confirmed that the SION TO ELIMINATE WASTE IN tons Basketball Club. Bill Davidson has made health care provided by nurse practitioners in GOVERNMENT—A NEW GRACE a remarkable gift of $30 million to establish a a variety of urban and rural primary care set- COMMISSION world-class business school at the Technion- tings is of the highest quality. Nurse practition- Israel Institute of Technology in Haifa. Mr. ers are particularly capable to provide health Davidson's great vision and philanthropy will care to the indigent. Their educational pro- HON. RANDY ‘‘DUKE’’ CUNNINGHAM ensure that Israel will continue to develop and OF CALIFORNIA grams emphasize the provision of care to pa- expand its highly advanced technology-based IN THE HOUSE OF REPRESENTATIVES tients who have limited financial resources. In industries. Furthermore, the international busi- a national survey conducted by the American Tuesday, January 7, 1997 ness community will gain an unparalleled re- Academy of Nurse Practitioners, over 60 per- Mr. CUNNINGHAM. Mr. Speaker, I rise source in the study of management of tech- cent of the patients seen by these providers today to introduce legislation to create the nology. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E27 The Technion, founded in 1924, is Israel's A BALANCED FEDERAL BUDGET FAIR CLEAN AIR COMPLIANCE leading science and technology university. DOWNWIND FROM POLLUTERS With this gift, the Technion will establish a pre- HON. JO ANN EMERSON mier business school with the unique com- HON. RANDY ‘‘DUKE’’ CUNNINGHAM bination of a Masters of Business Administra- OF MISSOURI OF CALIFORNIA tion program, advanced technological edu- IN THE HOUSE OF REPRESENTATIVES cations, and international management strat- IN THE HOUSE OF REPRESENTATIVES Tuesday, January 7, 1997 egy. Tuesday, January 7, 1997 Bill Davidson firmly believes that education Mrs. EMERSON. Mr. Speaker, I rise this is the best tool for promoting economic Mr. CUNNINGHAM. Mr. Speaker, I rise afternoon to fulfill the pledge I made to the citi- today to introduce legislation that requires the growth. To that end, he has focused enor- zens of southern Missouri to introduce and Environmental Protection Agency to consider mous philanthropic efforts over the years. In work tirelessly to pass an amendment to the the downwind transportation of air pollution 1992, he gave $30 million to the University of Constitution of the United States that requires when determining a region's air quality compli- Michigan at Ann Arbor to create an institute to a balanced Federal budget. Over the course ance. This legislation is similar to H.R. 1582, assist nations around the world in making suc- of the past several decades, fiscal irrespon- which I introduced in the 104th Congress with cessful transitions to market economies. In sibility has produced a Federal debt that is the support of the county of San Diego. 1994, a gift of $15 million was made to estab- fast approaching $5 trillion. That's trillion, with In 1990, Congress amended the Clean Air lish a graduate school of Jewish education at Act to base the smog control requirements for a ``t,'' Mr. Speaker. A debt of $5 trillion is a each area on the severity of the area's pollu- the Jewish Theological Seminary of America mind-boggling figure, but it can be placed in a in New York City. tion problem as indicated by the nonattain- much clearer perspective. A child born today ment area classification. The EPA has estab- This latest gift to the Technion demonstrates immediately inherits nearly $20,000 of debt, lished five such classifications: marginal, mod- Mr. Davidson's conviction that technology- owed directly to Uncle Sam. The same is true erate, serious, severe, or extreme. Under cur- based industries represent a tremendous op- for every American. The era of continuing an- rent law nonattainment status is determined portunity for Israel to expand its economy, at- nual budget deficits must end, and it is clear without addressing air pollution transported tract foreign capital, and, in turn, enhance its that the only way to restore conservative fiscal from upwind areas. long-term economic security. The new David- values to the Nation's budget is to pass the Due to pollution blown downwind from the son school will allow the Technion to leverage Los Angeles basin, San Diego was initially balanced budget amendment to the Constitu- given a nonattainment classification of severe. its vast technological capabilities through tar- tion. geted management education and research San Diego was later reclassified to serious be- The stakes in this debate could not be more cause the ozone design value, 0.185 parts per and thereby make a critical contribution in Is- important. The fiscal future of the United million, was at the lowest limit of severe. Had rael's quest for economic independence. States hinges on the ability of Congress and the design value been outside that narrow Mr. Speaker, I invite my colleagues to join window, San Diego would have been forced to me in paying tribute to Bill Davidson's gener- the President to make the difficult choices re- quired to balance the Federal budget. It's carry out excessively stringent and costly con- osity and vision in creating a remarkable new trol programs to combat air pollution created business school at one of the world's great more than debating trillion dollar figures. It's and transported from elsewhere. scientific institutions. This gift will enrich the about making our economy stronger and pro- This situation affects many other commu- lives of countless people in Israel and around viding every working American family with a nities, too. I encourage all of my colleagues to the world. better chance to make ends meet. A balanced join me by cosponsoring this legislation. budget will strengthen every sector of our f economy with lower interest rates that will help f INTRODUCING THE INDIAN CHILD families stretch each paycheck further. Home ADOPTION ASSISTANCE AND mortgages, automobiles, and a better edu- INTRODUCTION OF LEGISLATION FOSTER CARE ACT cation will become more affordable to every TO PROVIDE A TAX DEDUCTION working family, making the American Dream FOR EMPLOYER-PROVIDED EDU- HON. BILL RICHARDSON closer to reality for all. CATION OF NEW MEXICO Mr. Speaker, I am committed to working IN THE HOUSE OF REPRESENTATIVES with my colleagues in the new Congress to HON. RICHARD E. NEAL Tuesday, January 7, 1997 see that the balanced budget constitutional OF MASSACHUSETTS amendment is passed and sent to the States Mr. RICHARDSON. Mr. Speaker, today I am IN THE HOUSE OF REPRESENTATIVES for ratification. A constitutional amendment is introducing legislation that will allow Native certainly no substitute for direct action on the Tuesday, January 7, 1997 American tribes to better serve children who part of the Congress. However, we have seen are in foster care or in need of adoption as- Mr. NEAL of Massachusetts. Mr. Speaker, time and time again instances where those sistance. today, Mr. LEVIN introduced legislation which My bill will reimburse tribes under the title who object to conservative fiscal responsibility makes permanent the tax deduction for em- IV±E Foster Care and Adoption Assistance find convenient excuses to deny the American ployer-provided education. I am an original co- Program for children placed by tribal courts. people a balanced budget. An unbreakable sponsor of this legislation which would include Currently, only States qualify for the Federal enforcement mechanism is clearly needed to graduate education. The Small Business Job funds for adoption assistance and foster care. ensure that those who would continue to Protection Act extended this deduction from This means if a native American child is spend our children's future further into debt December 31, 1994 until January 1, 1997. The placed with a family by a tribal court, that fam- are not able to do so. provision only included graduate education ily receives no additional financial support. If I also want to make plain that the Social Se- until December 31, 1995. that same child was adopted or placed in fos- curity trust fund has no place in this debate. The Democrats of the Ways and Means ter care by a State court, that family would be The independent trust fund is a sacred trust Committee worked to have graduate education provided with extra resources to care for that between generations and must never be used included until January 1, 1997. Unfortunately, child. to balance the budget or hide the true size of our efforts fell short. The legislation introduced Last year, the Congress was wise to pass the deficit. is extremely important as it would make this bipartisan welfare reform legislation which pre- Commonsense conservatives in Congress deduction permanent and include graduate served the entitlement status of the adoption and the American people are committed to education. assistance and foster care programs. These balancing the budget. I look forward to work- We should do all that is possible to make programs reflect our Nation's commitment to ing throughout this session with all of my col- education more affordable. Our economy is taking care of some of the most financially and leagues and the White House to pass the bal- becoming more global and we need skilled emotionally needy children in our country. It is anced budget constitutional amendment on a workers in order to compete. Our job growth a tragedy that any child would be left out of bipartisan basis. The obligations we owe to is occurring in fields which require high skilled our country's support system. hard working American families, their children, workers. We need to provide employees and I hope that you will join me in working to and our Nation's future generations deserve employers incentives to further their education. pass this bill in the 105th Congress and pro- nothing less than decisive action to preserve Recently, the General Accounting Office re- vide equal and deserved financial assistance our future by balancing the budget. A constitu- leased a report on this provision. This report to thousands of Indian children. tional amendment will ensure this outcome. backs up my belief that this provision of the E28 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Tax Code is used in all fields of business. THE POSTAL PRIVACY ACT OF 1997 tion to people selectively. I want to extend the Large and small businesses take advantage of option to everyone. this provision. HON. GARY A. CONDIT There is nothing new about giving consum- As a former professor, I have taught many OF CALIFORNIA ers a choice. The Direct Marketing Associa- students who have benefited from this provi- IN THE HOUSE OF REPRESENTATIVES tion, a trade association for the direct market- sion. I urge my colleagues to cosponsor this Tuesday, January 7, 1997 ing industry, has been a strong supporter of legislation. Hopefully, we can make this valu- opt-out procedures which give individuals a able deduction permanent. This is the type of Mr. CONDIT. Mr. Speaker, I have today in- choice about what type of mail they receive. legislation we should all be able to support. troduced the Postal Privacy Act of 1997. This The association supports its own mail pref- f legislation is intended to protect the privacy of erence service that offers consumers an op- each U.S. resident who files a change of ad- tion. There is no reason why the Postal Serv- IN HONOR OF ROBINSON SECOND- dress notice with the U.S. Postal Service. The ice cannot do the same thing. ARY SCHOOL’S DECA CHAPTER bill is identical to a bill that I introduced in the AND THEIR EFFORTS TO PRO- The Postal Privacy Act of 1997 is based on 104th Congress. work done by the Government Operations MOTE ORGAN AND TISSUE DONA- Few people are aware that when they tell TION AMONG YOUTHS Committee. Those who seek more information the Postal Service about an address change, about NCOA should read Give Consumers A the Postal Service makes the information pub- Choice: Privacy Implications of U.S. Postal HON. THOMAS M. DAVIS lic through a program called National Change Service National Change of Address Program OF VIRGINIA of Address [NCOA]. NCOA has about two (House Report 102±1067). dozen licenseesÐincluding many large direct IN THE HOUSE OF REPRESENTATIVES There have been several interesting devel- mail companiesÐwho receive all new ad- Tuesday, January 7, 1997 opments since that 1992 congressional report. dresses and sell address correction services In 1996, the General Accounting Office inves- Mr. DAVIS of Virginia. Mr. Speaker, I rise to mailers. If you give your new address to the tigated the NCOA program and found that today to pay tribute to the work and dedication Postal Service, it will be distributed to thou- oversight of NCOA licensees by the Postal of the members of the Distributive Education sands of mailers. People always ask ``How did Service was inadequate to prevent, detect, Clubs of America [DECA] Chapter at Robinson they get my new address?'' The answer may and correct potential breaches of licensing Secondary School in Fairfax, VA. Along with be that it came from the Postal Service. Peo- agreements. The report was prepared at my the Washington Regional Transplant Consor- ple who want their mail forwardedÐand who request, and it showed that the Postal Serv- tium and the Coalition on Organ and Tissue doesn'tÐhave no choice. File a change of ad- ice's NCOA protections were poorly adminis- Donation, the Robinson DECA Chapter has dress notice and your name and new address tered. GAO found weaknesses in the seeding launched an educational campaign aimed at will be sold. each high school across the Nation in an effort NCOA is a reasonable program because it program, in the audit of NCOA licensees, and to promote organ and tissue donation among saves the Postal Service and the mailing com- in the review of licensee advertising. GAO young people. munity money by making everyone more effi- also found that the use by licensees of NCOA Promoting their national theme ``Youth Unit- cient. There are consumer benefits as well. I data for the purpose of creating a new movers ed, For A Second Chance At Life,'' the Robin- support NCOA, but it needs one small change. list violates the Privacy Act of 1974. This adds son DECA Chapter was one of three groups Individuals who file a change of address no- to findings in the Government Operations organizing a rally of nearly 300 high school tice should be given a choice. They should Committee report that the NCOA program is students, Members and Congress including have the option of having their mail forwarded operating in violation of several laws. The myself and Senator BYRON DORGAN, organ without having their name and address sold to GAO report is titled ``U.S. Postal Service: Im- and tissue recipients, and donor family mem- the world of direct mail advertisers and others proved Oversight Needed to Protect Privacy of bers for an organ and tissue donation rally at who traffic in personal information. This is Address Changes'' (GAO/GGD±96±119) (Au- the U.S. Capitol last month. The turnout and what the Postal Privacy Act will do. It will give gust 1996). mood of the crowd was inspiring, and their people a choice. It will not end the NCOA pro- Another new development recently came to presence represented the first giant step to- gram. light courtesy of the Internet. An organization wards creating awareness among America's Who might be concerned about keeping a called Private Citizen recently suggested in an youth about the importance of becoming organ new address private? Anyone who has fled an Internet privacy discussion group that there is and tissue donors. abusive spouse does not want the Postal already a way to stop the Postal Service from Currently, they are nearly 50,000 people on Service giving out a new address. An individ- selling a new address. The change of address a national register awaiting organ and tissue ual who files a change of address notice on form allows consumers to indicate if a new ad- transplants. Unfortunately, not every person in behalf of a deceased relative will not want the dress is permanent or temporary. If you check need of an organ or tissue is able to receive new address sold. Imagine sorting through the the permanent box, your first class mail is for- what they must have to survive; one American affairs of a deceased family member only to warded for a year and your new address is dies every three hours because of a shortage receive a mound of unwanted mail offering sold through the NCOA program. If you check of donor organs. More than 50 people can be new products and services to that family mem- the temporary box and indicate that the move helped by a single donor but each year, ber from marketers who assume that the per- is for 364 days, you will receive the same mail 12,000 to 15,000 people die who are medi- son has moved to a new home. Jurors in high- forwarding service, but the Postal Service cally suitable to be organ and tissue donors. ly visible trials, public figures, and others may does not sell addresses when a move is tem- For these crucial reasons, we must focus our have a special need for privacy as might el- porary. I verified with the Postal Service that local and national efforts on educating young derly people who may be more vulnerable to this is correct. people and their families about the serious unwanted solicitations. There is even a bonus of sorts for those need to decide nowÐrather than wait until it is The bottom line is that everyone should who check the temporary box. The Postal too lateÐon whether or not they will commit to have a choice about how his or her name and Service will not honor mailer ancillary service becoming an organ and tissue donor. While address is made available to others. You don't endorsements requesting a new address there are many private sector organizations have to have a justification. It should be your through an address correction requested en- which promote public awareness of the need decision. The Postal Service should not make dorsement. This is another way that the Postal for organ donation, I am truly proud of the stu- this decision for you. Service releases new addresses of its cus- dents of Robinson's DECA Chapter and their A few years ago, the Postal Service an- tomers to anyone who asks. Those who check unprecedented effort to ignite the compassion nounced that it would provide some protection the temporary box can evade this form of dis- and understanding of their peers. to individuals who have court orders protecting closure as well. Mr. Speaker, I know my colleagues will join them against spousal abuse. This was a small The Postal Service's treatment of the ad- me in applauding the members of Robsinson's step in the right direction, but it was not dresses of temporary movers suggests two in- DECA Chapter for their enthusiasm and dili- enough. Only those who have gone to the teresting consequences. First, the existing gent work in helping each other understand trouble and expense of obtaining a court order system demonstrates that the Postal Service the necessity of deciding to become an organ receive protection. Everyone should be enti- already can distinguish between addresses donor and for aiding their fellow Americans tled to the same option, but without the need that are to be sold and those that are not to who desperately need all of us to become for a court order. The Postal Service has dem- be sold. Arguments that giving consumers a organ and tissue donors. onstrated that it is possible to provide protec- choice will be difficult or expensive are false. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E29 At worst, complying with my bill will only re- more affordable to the self-employed, small second president. He headed a research ef- quire a change in the form and minor adjust- business operators, their employees, and fort, ``They're All My Kids,'' which reaffirmed ments to notices and procedures. equally important, their families. the necessity of commitment to our children, Second, consumers who want a choice The previous Congress took an important our schools, and our community. about the disclosure of their new address can first step, Mr. Speaker, by enacting legislation Dr. Malone received a bachelor of science obtain it today. They can keep the Postal to ultimately increase the insurance premium degree from the University of Akron; master of Service from releasing their new addresses. deductibility to 80 percent by the year 2006. science in social work from Rutgers University; My bill will make sure that everyone has that Regrettably, this increase is phased-in too and a doctorate of philosophy in higher edu- choice. We should not restrict this option to slowly, and will hamper the important work we cation from Union Graduate in Cincinnati, OH. those few who learn of this sneaky method of must do to make health care less expensive James Malone is a Beacon-of-Hope for forcing the Postal Service to do the right thing. and easier to get for all AmericansÐnot central Brooklyn and all Americans. Let's tell everyone about this option. through Government-run health care, but f f through private market incentives. The Health Insurance Fairness Act will in- INTRODUCTION OF THE DEVIL’S A ‘‘SUNSET ACT’’ crease the premium deductibility rate to 100 SLIDE TUNNEL ACT percent in the first taxable year after enact- HON. RANDY ‘‘DUKE’’ CUNNINGHAM ment. Millions of self-employed, small busi- HON. TOM LANTOS OF CALIFORNIA ness operators, workers and their families will OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES be able to immediately enjoy the security af- IN THE HOUSE OF REPRESENTATIVES forded by a health insurance policy. It rep- Tuesday, January 7, 1997 Tuesday, January 7, 1997 resents the type of results-oriented legislation Mr. CUNNINGHAM. Mr. Speaker, I rise the American public has asked this Congress Mr. LANTOS. Mr. Speaker, as we in the today to introduce the Sunset Act. This legisla- to produce, and I ask my colleagues to sup- West cope with another series of devastating tion, which is similar to H.R. 216 from the port this important measure. winter storms and floods, residents along the 104th Congress, would require Congress to f San Mateo County coast are relieved to find reauthorize Federal programs every 5 years. that a section of Highway 1, known locally as Programs that are not reauthorized or ex- A BEACON-OF-HOPE FOR ALL Devil's Slide, which lies precariously on a sea tended by Congress would be terminated. AMERICANS: DR. JAMES MALONE cliff high above the roaring surf of the Pacific Too many Federal programs are automati- Ocean, is still intact. Devil's Slide is a breath- cally reauthorized, often years after they are HON. MAJOR R. OWENS taking, and all too often lifetaking section of no longer needed. This legislation will require OF NEW YORK California's scenic coastal highway which has any new Federal program to terminate no later IN THE HOUSE OF REPRESENTATIVES slowly been sinking into the Pacific Ocean as than 5 years after its date of enactment, un- it is battered by waves 600 feet below. Winter Tuesday, January 7, 1997 less reauthorized by Congress. Entitlement storms in previous years have closed Highway programs will be exempted from this legisla- Mr. OWENS. Mr. Speaker, with the 1996 1 at Devil's Slide for up to 6 months, leaving tion. election behind us, this Nation has completed residents and businesses dangerously iso- By requiring Congress to reevaluate and re- another cycle for the ongoing democratic proc- lated. This area is 12 miles south of San Fran- authorize Federal programs every 5 years, we ess which makes America great. The electoral cisco in my congressional district. ensure greater accountability in the programs process and the public officials selected Perennial closures of Devil's Slide have had we create and help curb Government waste. I through this process are invaluable assets in a devastating effect on our coastal community. invite my colleagues to join me in cosponsor- our quest to promote the general welfare and Residents have endured unbearable com- ing this legislation. to guarantee the right to life, liberty, and the mutes, access to emergency medical care and f pursuit of happiness. It is important, however, other services have been threatened, busi- Mr. Speaker, that we also give due recognition nesses have lost thousands of customers, and THE HEALTH INSURANCE to the equally valuable contribution of non- some businesses have failed. For residents FAIRNESS ACT elected leaders throughout our Nation. The and businesses along the San Mateo County fabric of our society is generally enhanced and coast, it is absolutely essential to have High- HON. JO ANN EMERSON enriched by the hard work done year after way 1 open around Devil's Slide. OF MISSOURI year by ordinary volunteer citizens. Especially Mr. Speaker, 12 years ago, in 1984, Con- IN THE HOUSE OF REPRESENTATIVES in our inner city communities which suffer from gress closely studied the closure of this vital long public policy neglect, local grassroots transportation link and lifeline. After heavy win- Tuesday, January 7, 1997 leaders provide invaluable service. These are ter rains washed out the road, leaving a 250- Mrs. EMERSON. Mr. Speaker, today I men and women who engage in activities foot-long crevice in the road which made the proudly introduce legislation of the utmost im- which generate hope. I salute all such heroes road impassible for 4 months. Then Chairman portance to millions of American small busi- and heroines as Beacons-of-Hope. Glenn Anderson of the Surface Transportation nesses and the self-employed. The Health In- Dr. James A. Malone is one of these Bea- Subcommittee held a series of field hearings surance Fairness Act will once and for all pro- cons-of-Hope residing in the central Brooklyn in Half Moon Bay and Pacifica, CA, and com- vide small business owners and the self-em- community of New York City and New York mittee members carefully surveyed the unsta- ployed with the same health insurance tax State. Dr. James Malone currently serves as a ble roadway which was sliding 3 inches a day benefits enjoyed by larger corporationsÐthe professor of counseling and director of the into the sea. Committee members viewed 8- ability to deduct 100 percent of their health in- Academy for Intergenerational Education at foot-deep cracks and fissures in the roadbed surance premium costs. John Jay College. He taught 2 years in the and determined that this vital transportation Making health care costs fully deductible is Newark, NJ public schools before moving to link was eligible for emergency Federal funds. not an arcane Tax Code issue known only to John Jay College where he held the following At my request, the Congress provided funding accountants and IRS auditors. This is an issue positions: SEEK director, dean of students and for the permanent repair of Highway 1 at Dev- that touched the lives of millions of Americans vice president of administrative services. il's Slide. who own or work at a small business. It is es- Throughout the years, Dr. Malone has The California Department of Transportation pecially important to rural areas, like my dis- worked diligently in top positions that uplifted [CALTRANS] made temporary repairs to the trict in southern Missouri, where small busi- his community. His past civic offices include roadway and proposed building a controversial nesses and self-employed individuals, espe- the president of the board of Weeksville and 4.5 mile long bypass around Devil's Slide. cially farmers and ranchers, form the back- member of the District School Board #17 and Some residents opposed the bypass on envi- bone of the regional economy. However, they Community Board #9. Dr. Malone is a member ronmental and antidevelopment grounds and have too long been denied access to afford- and trustee of the Church of the Evangel. In blocked bypass construction in Federal court able health insurance for their families, chil- 1971, Dr. Malone developed the city spon- for over 10 years. A false sense of security dren, and employees because the Tax Code sored Hawthorne Corners Day Care Center brought on by 10 years of drough ended in makes it too expensive to purchase. The where he served as the first board president. January 1995, when heavy rains again closed Health Insurance Fairness Act I am introduc- Dr. Malone also helped to develop the Rutland Devil's Slide for 6 months. For the second ing today will help make health insurance Road Block Association and was elected the time in 12 years this vital transportation link E30 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 was severed, again disrupting the lives and Fellow. Almost immediately after he joined my gress, and these drafts narrowed some of the livelihoods of tens of thousands of residents personal staff, he took on a great deal of re- differences between our two bills. I look for- and businesses. sponsibility, focusing on several key issues ward to the new version of the Senate bill. My Mr. Speaker, after decades of debate and such as transportation, environment, affirma- bill is largely similar to H.R. 435, but I have lawsuits, the voters of San Mateo County have tive action, and banking. Evans performed his made several changes based on new ideas put an end to the battle with CALTRANS over duties with admirable dedication and enthu- and developments that emerged in the last 2 how to resolve the problem of Devil's Slide. siasm. years. The substantive changes in this year's Voters decided overwhelmingly in favor of a Evans lives in St. Louis, MO, with his wife, proposal are: local referendum to approve a mile-long tunnel Betty and their son Evans IV. He is a graduate (1) References to health information service at Devil's Slide instead of a bypass which of Washington University, and has worked for organizations have been dropped. This was a would involve extensive cutting and filling of McDonnell Douglas for 12 years. place holder for other institutions that were Montara Mountain. The referendum amends Taking an active role in one's community is being developed in the context of broad health the local coastal plan, substituting a tunnel as a responsibility we all share, but which few of care reform. The references are no longer the preferred permanent repair alternative for us fulfill. Evans actively works for the better- meaningful. Highway 1 at Devil's Slide, and prohibits any ment of his community by serving on the (2) The section on ``Accounting for Disclo- other alternative unless approved by the vot- board of directors of several community orga- sures'' has been retitled as ``Disclosure His- ers. Following the release of a Federal High- nizations, including the St. Charles Chamber tory.'' Nothing substantive was changed, but way Administration sponsored study which of Commerce, Herbert Hoover Boys and Girls the new language is more descriptive. found that the tunnel is environmentally fea- Club, and the Marygrove Catholic Home for (3) In section 1.01, I added language to the sible and its costs would not differ significantly Children. patient access section making it clear that copies of records have to be provided to the from the costs of a bypass, CALTRANS re- It has been an honor and a privilege to have patient in any form or format requested by the versed it opposition to a tunnel at Devil's Evans Richardson on my staff. I have not only patient if the record is readily reproducible by Slide. looked to him for legislative counsel, but I trust the trustee in that form or format. The lan- Mr. Speaker, today I am introducing impor- him as a valued confidante. His candid advice guage was inspired in part by the recently tant legislation to ensure that funds already and opinion is always appreciated. I know that passed Electronic Freedom of Information appropriated and obligated for Devil's Slide my staff and I will dearly miss him. Mr. Speak- Amendments. The purpose is to make sure will remain available to CALTRANS to build er, I know my colleagues will join me in thank- that a patient can have a record in a format the tunnel at Devil's Slide. This legislation, en- ing Evans for his service to the 104th Con- that will be meaningful to the patient or useful titled the ``Devil's Slide Tunnel Act,'' will pro- gress and wish him continued success in his to other health care providers. vide greater flexibility to State transportation future endeavors. (4) Also in section 1.01, the exception to pa- officials to use Federal funds already appro- f tient access for mental health treatment notes priated by Congress to fix this vital transpor- has been eliminated. The policy of the bill is tation link. Joining me as cosponsors of this FAIR HEALTH INFORMATION PRACTICES ACT OF 1997 that a patient should have broad access to his legislation are bipartisan members of the bay or her health record. Exceptions are provided area congressional delegation whose constitu- only when there is a direct conflict with an- ents are most affected by the Devil's Slide HON. GARY A. CONDIT other interest or when access is meaningless highway problemÐmy colleagues, TOM CAMP- OF CALIFORNIA or pointless. The only substantive exception BELL, of San Jose, ANNA ESHOO of Atherton, IN THE HOUSE OF REPRESENTATIVES had been for mental health treatment notes. and NANCY PELOSI of San Francisco. Tuesday, January 7, 1997 Given the broad sweep of the access provi- Mr. Speaker, if local and State agencies and Mr. CONDIT. Mr. Speaker, I have today in- sion, I am not sure that this exception can be the citizens of a region determine that a better justified any more. I left it out this year so that transportation alternative exists than the alter- troduced the Fair Health Information Practices Act of 1997. The purpose of this bill is to es- the advocates of the exception would have to native for which funds have been obligated, come forward to argue for its inclusion and then the Federal Government should grant tablish a uniform Federal code of fair informa- tion practices for individually identifiable health make their case on the public record. greater funding flexibility, as long as all other (5) New language in section 301(d) creates information that originates or is used in the Federal laws are compiled with. It is important an Office of Information Privacy in the Depart- health treatment and payment process. that we not permit these funds to lapse. The ment of Health and Human Services. The This is the third time that I have introduced rebuilding of a severely damaged highway in head of the office is the Privacy Advisor to the a health privacy bill, and I hope that the third its existing location may no longer be feasible, Department. This is not really a new office. time is the charm. In the 103d Congress, I in- and in such cases funds already available to The Department recently established a private a community should continue to be available. troduced H.R. 4077. The bill was the subject Advocate. The purpose of the new legislative History tell us that Devil's Slide will wash of several days of hearings in 1994. In August language is to define the health privacy func- out againÐit is only a matter of time. It is my 1994, the bill was reported by the Committee tions of this office with more precision and hope that swift enactment of this legislation on Government Operations and became the permanence. will ensure a permanent solution to the resi- confidentiality part of the overall health care (6) Section 304 of the bill deals with pre- dents of the Coastside. I urge my colleagues reform effort. While my bill died along with the emption of State laws. This is a difficult sub- to support the ``Devil's Slide Tunnel Act.'' rest of health care reform, it was one of the ject that clearly need more work and thought. f only noncontroversial parts of health reform. In I added one new idea this year. New language the 104th Congress, I introduced H.R. 435, a provides that the States may impose addi- STATEMENT OF THOMAS M. DAVIS bill that was identical to the version reported tional requirements on its own agencies with IN HONOR OF MR. EVANS RICH- by the Committee on Government Operations respect to the use or disclosure of protected ARDSON, III in 1994. A lengthy explanation of the bill can health information. The idea is a simple one. be found in the Government Operations Com- If a State wants to impose more stringent re- HON. THOMAS M. DAVIS mittee report, House Report 103±601 part V. strictions on the ability of State police, State OF VIRGINIA That report remains highly relevant to this fraud investigators, or other State offices to IN THE HOUSE OF REPRESENTATIVES year's bill as well. use or disclose protected health information, it During the last 2 years, most of the action Tuesday, January 7, 1997 may do so. on health privacy took place on the Senate In this instance, higher standards will not Mr. DAVIS of Virginia. Mr. Speaker, I rise side. The leading Senate bill was S. 1360 interfere with access to or use of information today to express my deep appreciation for the which was introduced by Senator BENNETT. by other authorized users or by the Federal invaluable service Mr. Evans Richardson III His bill and mine have many similarities in lan- Government. The goal is to allow States to set has provided to me and the constituents of the guage and structure, but there are also nu- as high a floor as they choose with respect to 11th District of Virginia over the past 11 merous smaller but significant differences. In their own activities. This will not undermine the months. An executive manager with McDon- addition, my bill covers several aspects of uniformity principle otherwise reflected in the nell Douglas in St. Louis, MO, Evans brought health privacy that were not included in Sen- bill, and it will not affect the drive for adminis- a unique and thoughtful perspective to my of- ator BENNETT'S original bill. I am aware that trative simplification or uniform technical fice in working on legislative and constituent several interim drafts were developed by Sen- standards. Only State agencies will be af- matters as a 1996 Brookings Congressional ator BENNETT during the course of the Con- fected by my new language. I thought that this January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E31 idea was worth including so that it would at- There are two basic concepts that are es- terests while permitting essential uses of data tract comment. The language itself may need sential to an understanding of the bill. First, under controlled conditions. This should be further tweaking. identifiable health information that is created happening today, but record keepers do not The need for uniform Federal health con- or used during the health care treatment or know their responsibilities, patients rights are fidentiality legislation is clear. In a report titled payment process becomes protected health not always clearly defined, and there are large ``Protecting Privacy in Computerized Medical information, or individually identifiable patient gaps in legal protections for health informa- Information,'' the Office of Technology Assess- information relating to the provision of health tion. ment found that the present system of protect- care or payment for health care. This new ter- My bill recognizes necessary patterns of ing health care information is based on a minology emphasizes the sensitivity of the in- usage and combines it with comprehensive patchwork quilt of laws. State laws vary signifi- formation and connotes an obligation to safe- protections for patients. There will be no loop- cantly in scope and Federal laws are applica- guard the data. Protected health information holes in protection for information originating ble only to limited kinds of information or to in- generally remains subject to statutory restric- in the health treatment or payment process. formation maintained only by the Federal Gov- tion no matter how it is used or disclosed. As the data moves to other parts of the health ernment. Overall, OTA found that the present The second basic concept is that of a health care system and beyond, it will remain subject legal scheme does not provide consistent, information trustee. Anyone who obtains ac- to the Fair Health Information Practices Act of comprehensive protection for privacy in health cess to protected health information under the 1997. This may be the single most important care information, whether that information ex- bill's procedures becomes a health information feature of the bill. ists in a paper or computerized environment. trustee. Trustees have different sets of re- The legislation includes several remedies A similar finding was made by the Institute of sponsibilities and authorities depending on that will help to enforce the new standards. Medicine in a report titled ``Health Data in the their functions. The authorities and responsibil- For those who willfully ignore the rules, there Information Age.'' ities have been carefully defined to balance le- are strong criminal penalties. For patients A public opinion poll sponsored by Equifax gitimate societal needs for data against each and conducted by Louis Harris and Associates whose rights have been ignored or violated by documents the importance of privacy to the patient's right to privacy and the need for con- others, there are civil remedies. There will also American public. Eighty-five percent agree that fidentiality in the health treatment process. Of be administrative sanctions and arbitration to protecting the confidentiality of people's medi- course, every health information trustee has provide alternative, less expensive, and more cal records is absolutely essential or very im- an obligation to maintain adequate security for accessible remedies. portant in national health care reform. The poll protected health information. The Fair Health Information Practices Act of shows that most Americans believe protecting The term trustee was selected in order to 1997 offers a complete and comprehensive confidentiality is a higher priority than provid- underscore that those in possession of identifi- plan for the protection of the interests of pa- ing health insurance to those who do not have able health information have obligations that tients and the needs of the health care system it today, reducing paperwork burdens, or pro- go beyond their own needs and interests. A in the complex modern world of health care. viding better data for research. The poll also physician who possesses information about a More work still needs to be done, and I am showed that 96 percent of the public agrees patient does not own that information. It is committed to working with every group and in- that it is important for an individual to have the more accurate to say that both the record sub- stitution that will be affected by the new health right to obtain a copy of their own medical ject and the record keeper have rights and re- information rules. I remain open to new ideas record. sponsibilities with respect to the information. that will improve the bill. Health information is a key asset in the My legislation defines those rights and respon- In closing, I want to acknowledge the limits health care delivery and payment system. sibilities. The concept of ownership of per- of legislation. We must recognize and accept Identifiable health information is heavily used sonal information maintained by third-party the reality that health information is not com- in research and cost containment, and this record keepers is not particularly useful in to- pletely confidential. It would be wonderful if we usage will only grow over time. The Health In- day's complex world. could restore the old notion that what you tell surance Portability and Accountability Act of A key element of this system is the speci- your doctor in confidence remains absolutely 1996 passed in the last Congress recognized fication of the rights of patients. Each patient secret. In today's complex health care environ- that confidentiality legislation was essential to will have a bundle of rights with respect to ment, characterized by third party payers, the fair management of health information. protected health care information about him- medical specialization, high-cost care, and in- The law established a 3-year timetable for self or herself that is maintained by a health creasing computerization, this is simply not congressional action on confidentiality. That information trustee. A patient will have the possible. My legislation does not and cannot clock is ticking already, and we don't have right to seek correction of information that is promise absolute privacy. What it does not much time to waste. not timely, accurate, relevant, or complete. A offer is a code of fair information practices for By establishing fair information practices in patient will also have the right to expect that health information. statute, the long-term costs of implementation every trustee will use and maintain information The promise of that code to professionals will be reduced, and necessary protections will in accordance with the rules in the Act. A pa- and patients alike is that identifiable health in- be uniform. This will assure patients and tient will have a right to receive a notice of in- formation will be fairly treated according to a health professionals that fair treatment of formation practices. The bill establishes stand- clear set of rules that protect the confidentiality health information is a fundamental element of ards and procedures to make these rights interests of each patient to the greatest extent the health care system. Uniform privacy rules meaningful and effective. possible. While we may not realistically be will also assist in restraining costs by support- I want to emphasize that I have not pro- able to offer any more than this, we surely can ing increased automation, simplifying the use posed a pie-in-the-sky privacy code. This is a do no less for the American public. of electronic data interchange, and facilitating realistic bill for the real world. I have borrowed f the portability of health coverage. ideas from others concerned about health Today, few professionals and fewer patients records, including the American Health Infor- THE COMMUNITY PROTECTION know the rules that govern the use and disclo- mation Management Association, the ACT OF 1997 sure of medical information. In a society where Workgroup for Electronic Data Interchange, patients, providers, and records routinely cross and the National Conference of Commis- HON. RANDY ‘‘DUKE’’ CUNNINGHAM State borders, it is rarely worth anyone's time sioners on Uniform State Laws. Assistance OF CALIFORNIA to attempt to learn the rules of any one juris- provided by the American Health Information IN THE HOUSE OF REPRESENTATIVES diction, let alone several jurisdictions. One Management Association [AHIMA] was espe- Tuesday, January 7, 1997 goal of my bill is to change the culture of cially helpful in the development of this legisla- health records so that everyone will be able to tion several years ago. AHIMA remains a valu- Mr. CUNNINGHAM. Mr. Speaker, Ameri- understand the rights and responsibilities of all able source of knowledge on health records cans want us to work together to sensibly participants. Common rules and a common policies and an ardent supporter of Federal combat crime. Putting more, better-equipped language will facilitate broader understanding health privacy legislation. and fully trained cops on the beat can be a and better protection. Physicians will be able I believe that we do not have the luxury of strong part of any anticrime effort. It is for that to learn the rules once with the confidence elevating each patient's privacy interest above very reason that today I am introducing the that the same rules will apply wherever they every other societal interest. Such a result Community Protection Act of 1997. practice. Patients will learn that they have the would be impractical, unrealistic, and expen- The bill will allow qualified, properly trained same rights in every State and in every doc- sive. The right answer is to strike an appro- active and retired law enforcement officers to tor's office. priate balance that protects each patient's in- carry concealed handguns. Too often State E32 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 laws prevent highly qualified officers from as- mission cited an example of two workers who Dr. Rubie Malone, who is the eldest of sisting in crime prevention and protecting retired at the same age with the same aver- twelve children, received a bachelor of science themselves while not on duty. For example, a age career earnings. One of these workers in mathematics from Clark College; a master's man who has spent his life fighting crime is was born on December 31, 1916. The other degree from CUNY's Hunter College; and a often barred from helping a colleague in dis- was born 48 hours later, on January 2, 1917. doctorate of philosophy in social services from tress because he cannot use his service re- If both retired in 1982 at age 65, the worker Columbia University. volverÐa handgun that he is required to train born in 1917 would receive $110 less in Rubie Malone is a Beacon-of-Hope for with on a regular basis. That same officer, ac- monthly Social Security benefits. And yet the central Brooklyn and for all Americans. tive or retired, isn't allowed to defend himself Commission on the Social Security Notch con- f from the criminals that he put in jail. cluded that ``benefits paid to those in the My bill seeks to change that by empowering `Notch' years are equitable, and no remedial HOUSE SHOULD ELECT INTERIM qualified law enforcement officers to be legislation is in order.'' Mr. Speaker, I beg to SPEAKER equipped to handle any situation that may differ. One-hundred and ten dollars per month arise, wherever they are. represents a lot of money to any family, but HON. NEIL ABERCROMBIE The community protection initiative covers even more so to the millions of retirees who OF HAWAII only active duty and retired law enforcement live on a limited, fixed monthly income. IN THE HOUSE OF REPRESENTATIVES The time for Congress to take action to cor- personnel who meet the following criteria: Tuesday, January 7, 1997 First, employed by a public agencyÐsecu- rect the ``Notch'' injustice is long overdue. I rity guards are not covered. urge all of my colleagues to review the Notch Mr. ABERCROMBIE. Mr. Speaker, article I, Second, authorized by that agency to carry Baby Act of 1997 and cosponsor this impor- section 2 of the Constitution requires the a firearm in the course of dutyÐall bene- tant piece of legislation. House of Representatives to choose a Speak- ficiaries will have received firearms training f er. It is customary at the commencement of every Congress for members of each party to and appropriate screening. A BEACON-OF-HOPE FOR ALL Third, not subject to any disciplinary action. vote for the candidate decided upon by his or AMERICANS: DR. RUBIE M. her caucus. Because governance of the Retired police officers must meet all of MALONE these criteria and have retired in good stand- House conforms to the democratic principles ing. which undergird our Republic, there is no In the tradition of less government, this bill HON. MAJOR R. OWENS doubt that the votes of the majority will deter- offers protection to police officers and to all of OF NEW YORK mine who shall be our Speaker. our communities without creating new pro- IN THE HOUSE OF REPRESENTATIVES Today, however, we are choosing a presid- grams or bureaucracies, and without spending Tuesday, January 7, 1997 ing officer in unprecedented circumstances. more taxpayer dollars. Mr. OWENS. Mr. Speaker, with the 1996 Never before has there been an election for Because this is a sensible, nonpartisan bill, election behind us, this Nation has completed Speaker in which one of the candidates it gained tremendous support in the 104th another cycle for the ongoing democratic proc- stands formally accused by the Committee on Congress. By the close of legislative business, ess which makes America great. The electoral Standards of Official Conduct of violating the the Community Protection Act was cospon- process and the public officials selected rules of the House. It is not my intention today sored by more than 130 Members of the through this process are invaluable assets in to argue the merits of the charges against the House from both parties and from all regions our quest to promote the general welfare and gentleman from Georgia or what if any sanc- of the country. It also gained the interest of to guarantee the right to life, liberty, and the tions should be imposed. I focus instead on the Crime Subcommittee, which held a hear- pursuit of happiness. It is important, however, the implications of the committee's statement ing on the bill in July 1996. Mr. Speaker, that we also give due recognition of alleged violation for today's election for I am proud to once again introduce this im- to the equally valuable contribution of non- Speaker, for the Speakership as an institution, portant piece of legislation and look forward to elected leaders throughout our Nation. The for the House of Representatives, and for our working with my colleagues to pass it as soon fabric of our society is generally enhanced and Nation itself. as possible. enriched by the hard work done year after The facts are these: The Committee on f year by ordinary volunteer citizens. Especially Standards of Official Conduct alleges that the in our inner city communities which suffer from gentleman from Georgia violated the rules of THE NOTCH BABY ACT OF 1997 long public policy neglect, local grassroots the House. As of this date the committee has leaders provide invaluable service. These are not completed its consideration of the case, HON. JO ANN EMERSON men and women who engage in activities and no resolution has been achieved. When OF MISSOURI which generate hope. I salute all such heroes resolution does occur, it may very well involve IN THE HOUSE OF REPRESENTATIVES and heroines as Beacons-of-Hope. sanctions which make the gentleman from Currently, the dean, director and chair- Georgia ineligible to hold the post of Speaker. Tuesday, January 7, 1997 person of the SEEK program at CUNY's John Removal of a Speaker under those condi- Mrs. EMERSON. Mr. Speaker, today I am Jay College of Criminal Justice, Dr. Rubie Ma- tions would be debilitating for the House and introducing long-overdue legislation to correct lone has tirelessly dedicated her life to making the Nation. It would cause chaos within the an injustice done to well over 6 million senior our society better. She is directly responsible House and further undermine public con- citizens by the Social Security Amendments of for community enhancement efforts that im- fidence in democratic institutions. Even if reso- 1977. My legislation, the Notch Baby Act of pact education, social/human services, and lution of the case against the gentleman from 1997, will adopt a transitional computation health care. Georgia does not result in his ineligibility for method to assure that America's ``Notch Ba- Dr. Malone's civic contributions began at an the Speakership, his election as Speaker at bies'' born between 1917 and 1921 receive early age when she began working with high this time would be inadvisable for two rea- equitable Social Security benefits. school seniors at Bethany Baptist Church. sons: No. 1, the time, attention, and energy he Contrary to what many think, Mr. Speaker, After transferring to the Church of the Evangel must devote to his case will diminish the per- the Social Security Notch is a simple problem United Church of Christ, she continued work- sonal resources available for the discharge of that is greatly in need of an obvious solution. ing with youth and adult groups. In the Brook- his duties as Speaker of the House; and No. Seniors born in the 5-year period after 1916 lyn Alumnae Chapter of Delta Sigma Theta 2, the shadow of doubt and suspicion cast by have seen lower average Social Security ben- Sorority, Inc., she has served as president and the proceedings against him will undoubtedly efit payments than those born shortly before second vice-president and coordinator of com- fall on every action of the House and bring or after. This disparity is directly attributable to mittees and projects including School America, into question the integrity of this institution. the revised benefit calculation formula that re- voter registration, health fairs, book and col- I believe, therefore, that until the case sulted from the Social Security Amendments lege fairs, teen lift, social action and political against the gentleman from Georgia is re- of 1977. The facts are clear and Congress awareness, and oratorical contests. She is a solved, the House should choose an interim must take action to correct this unintended member of the Brooklyn Chapter of Links, Inc., Speaker. I reiterate my acknowledgement that error. where she serves as parliamentarian and is the majority has the right to determine who In December 1994, the Commission on the involved in various community projects. Dr. that individual shall be. However, in order to Social Security Notch issued its final report Malone is also a former president of jack and ensure that the business of the House is con- and recommendation to Congress. The com- Jill of America. ducted in an undistracted manner, free of January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E33 doubts about the integrity of the institution and SECTION 1. SHORT TITLE. ‘‘(B) WATER CONSERVATION SYSTEM.—The its governance, that person should be some- This Act may be cited as the ‘‘Agricultural term ‘water conservation system’ means ma- one not involved in the ethical issues in which Water Conservation Act’’. terials or equipment which are primarily de- SEC. 2. CONGRESSIONAL FINDINGS. signed to substantially conserve irrigation the gentleman from Georgia finds himself en- water used or to be used on farm land. meshed. The Congress finds that— (1) the Federal Government has an historic ‘‘(C) FARM LAND.—The term ‘farm land’ f commitment to assisting areas of the Nation means land used in a trade or business by the taxpayer or a tenant of the taxpayer for— AGRICULTURAL WATER in need of developing adequate water sup- plies, ‘‘(i) the production of crops, fruits, or CONSERVATION ACT (2) water is becoming increasingly scarce other agricultural products, and expensive in many parts of the United ‘‘(ii) the raising, harvesting, or growing of HON. GARY A. CONDIT States, which is compounded when multiple trees, or years of drought occur, ‘‘(iii) the sustenance of livestock. OF CALIFORNIA (3) in most areas of the United States, ‘‘(c) LIMITATION BASED ON AMOUNT OF IN THE HOUSE OF REPRESENTATIVES farms are overwhelmingly the largest water TAX.— ‘‘(1) LIABILITY FOR TAX.—The credit allow- Tuesday, January 7, 1997 consumers, and (4) it is in the national interest for farmers able under subsection 9a) for any taxable Mr. CONDIT. Mr. Speaker, I rise today to in- to implement water conservation measures year shall not exceed the excess (if any) of— troduce the Agricultural Water Conservation which address water conservation needs and ‘‘(A) the regular tax for the taxable year, Act. for the Federal Government to promote such reduced by the sum of the credits allowable Over the past few years I have read count- conservation measures. under subpart A and the preceding sections of this subpart, over less articles on the need to conserve water SEC. 3. CREDIT FOR PURCHASE AND INSTALLA- ‘‘(B) the tentative minimum tax for the and the role Federal Government has with this TION OF AGRICULTURAL WATER CONSERVATION SYSTEMS. taxable year. mission. While discussing water conservation ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.—If ‘‘(a) IN GENERAL.—Subpart B of part IV of methods with farmers in my district, I found subchapter A of chapter 1 of the Internal the amount of the credit allowable under cost was their overriding concern. The outlays Revenue Code of 1986 (relating to foreign tax subsection (a) for any taxable year exceeds required to implement water conservation sys- credit, etc.) is amended by adding at the end the limitation under paragraph (1) for the temsÐthat is, drip irrigation, sprinkler systems, the following new section: taxable year, the excess shall be carried to the succeeding taxable year and added to the ditch liningÐare a tremendous burden on the ‘‘SEC. 30B. PURCHASE AND INSTALLATION OF AG- amount allowable as a credit under sub- agriculture industry. While I firmly believe most RICULTURAL WATER CONSERVA- TION SYSTEMS. section (a) for such succeeding taxable year. agriculture interest are genuinely concerned ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No de- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of about conserving water, cost has crippled the an eligible taxpayer, there shall be allowed duction shall be allowed under this chapter ability to implement conservation methods on as a credit against the tax imposed by this with respect to any expense which is taken farms. chapter for the taxable year an amount into account in determining the credit under For example, in the San Joaquin Valley, CA, equal to 30 percent of the water conservation this section, and any increase in the basis of a study was done by the San Joaquin Drain- system expenses paid or incurred by the tax- any property which would (but for this sub- payer during such year. section) result from such expense shall be re- age Program. This report indicates a cost duced by the amount of credit allowed under ‘‘(b) MAXIMUM CREDIT.—The credit allowed ranging from $21.06 per acre for surface irri- this section for such expense.’’ gation to $131.40 per acre for linear irrigation. by subsection (a) with respect to any water conservation system shall not exceed the (b) TECHNICAL AMENDMENT.—Subsection (a) Drip irrigation was measured at a cost of product of $500 and the number of acres of section 1016 of such Code is amended by $272.07 per acre. As you can see, with cost served by such system. striking ‘‘and’’ at the end of the paragraph (25), by striking the period at the end of ranging from 623 to 1,294 percent above the ‘‘(c) DEFINITIONS.—For purposes of this sec- least-cost approach method of surface irriga- tion— paragraph (26) and inserting ‘‘; and’’, and by adding at the end the following new para- tion, there are limited incentives at this time ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligi- graph: for farmers to switch toward better water main- ble taxpayer’ means any taxpayer if— ‘‘(A) at least 50 percent of such taxpayer’s ‘‘(27) to the extent provided in section tenance practices. 30B(d), in the case of amounts with respect The Agricultural Water Conservation Act is gross income is normally derived from a trade or business referred to in paragraph to which a credit has been allowed under sec- not a mandate for expensive water conserva- (3)(C), and tion 30B.’’ tion systems, it is a tool and an option for ‘‘(B) such taxpayer complies with all Fed- (c) CLERICAL AMENDMENT.—The table of farmers. Specifically, it will allow farmers to re- eral, State, and local water rights and envi- sections for subpart B of part IV of sub- ceive up to a 30 percent tax credit for the cost ronmental laws. chapter A of chapter 1 of such Code is amended by adding at the end the following ‘‘(2) WATER CONSERVATION SYSTEM EX- of developing and implementing water con- new item: servation plans on their farm land with a cap PENSES.— ‘‘(A) IN GENERAL.—The term ‘water con- ‘‘Sec. 30B. Purchase and installation of agri- of $500 per acre. The tax credit could be used cultural water conservation primarily for the cost of materials and equip- servation system expenses’ means expenses for the purchase and installation of a water systems.’’ ment. This legislation would not require them conservation system but only if— (d) EFFECTIVE DATE.—The amendments to change their irrigation practices. However, it ‘‘(i) the land served by the water is en- made by this section shall apply to amounts would allow those farmers who want to move tirely in an area which has been identified, paid or incurred after the date of the enact- towards a more conservation approach of irri- in the taxable year or in any of the 3 preced- ment of this Act, in taxable years ending gation but can not afford to do it during these ing taxable years, as an area of— after such date. tough economic times. ‘‘(I) extreme drought severity on the Palm- f This measure is not the end-all solution. er Drought Severity Index published by the National Oceanic and Atmospheric Adminis- This is just the beginning toward the demand TRIBUTE TO RICHARD FLORES tration, or TAITANO for not only in California, but over the United ‘‘(II) water shortage (due to increasing de- States, to conserve water. I believe farmers mands, limited supplies, or limited storage) will contribute to solving water supply prob- by the Natural Resources Conservation Serv- HON. ROBERT A. UNDERWOOD lems when given the opportunity, as they al- ice of the Department of Agriculture or the OF GUAM ready have through conservation transfers and Bureau of Reclamation of the Department of IN THE HOUSE OF REPRESENTATIVES the Interior, crop changes. I also believe providing for the Tuesday, January 7, 1997 long-term water supply needs of environ- ‘‘(ii) the taxpayer has in effect a water con- servation plan which has been reviewed and Mr. UNDERWOOD. Mr. Speaker, last Satur- mental, urban, and agricultural users is a criti- approved by such Service and Bureau, cal part of the solution. day evening on Guam, my island lost one of ‘‘(iii) such expenses are consistent with its most outstanding public servants, Richard The Agricultural Water Conservation Act will such plan, and provide another vehicle for farmers to contrib- ‘‘(iv) there is an irrigation water savings of Flores Taitano. His passing is an enormous ute to the solution and offer a modest credit to at least 5 percent which is attributable to loss for Guam as well as for me and my fam- share the cost with the true beneficiariesÐthe such system. ily. He was Uncle Richard to us and those in public. For purposes of clause (iv), water savings his extended family, but he wasÐSenator Be it enacted by the Senate and House of Rep- shall be determined and verified under regu- Taitano, the quintessential public servantÐto resentatives of the United States of America in lations prescribed jointly by such Service the rest of the island. Generous to a fault, eth- Congress assembled, and Bureau. ical in all of his dealings, intelligent as well as E34 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 intellectual, he embodied the best which family. If you wanted a lesson in hard work, he Leadership through personal example is a Guam has ever produced. provided the role model. If you needed a les- trite phrase, but an appropriate one when Richard Taitano achieved much in his 75 son in service to family and parents and sib- speaking about Richard Flores Taitano. Guam years of life. He was the first and only native lings and nephews and nieces, he was the will miss him. His legacy is one that should in- of the territories to ever serve as director of lesson. If you wanted to know almost anything spire future generations. As may be appro- the Office of Territories in the Department of about anything whether it was agriculture or priate and as he desired, he will probably not Interior. He served as deputy high commis- religion or Guam or ethics or the Federal Gov- get the public honor that he so richly merits. sioner of the Trust Territory of the Pacific Is- ernment, you could always ask him. And if you He requested that no ``state funeral'' be held lands at a critical time of transition for the needed a lesson in humility, he would teach for him because he didn't want people stand- Trust Territory. As significant as this service you one through the application of his wry ing up to tell ``lies'' about him. was during the Kennedy and Johnson admin- humor. But I know that it really doesn't matter. He istrations, this is not the service for which he Like others in the Taitano family, the Kueto was always in it to do the right thing and is remembered on Guam. clan, he had the sharp tongue to match the never for the glory. May that spirit touch us Instead, it is his service at home for his peo- sharp mind. He came from a large family today, elected leaders and government offi- ple on Guam. As a young director of finance whose reputation for hard work and sharp cials. He really was the lamp at the door to a in the post-Organic Act Guam, he became the minds is well-known. He applied this to be- fair and just government on Guam. first Chamorro to become responsible for mon- coming one of the first young Chamorros to The island's heartfelt condolences go out to itoring the finances of the new civilian Govern- become educated in the immediate post-World his widow, Magdalena Santos Taitano, his ment of Guam. He did so with intelligence and War II period. Attending to his parents and children Taling, Richard, John, and Carmen siblings during the Japanese Occupation of a high standard of ethics which he expected of and nine grandchildren. His family was a himself as well as others. He served four Guam, he came out of the war a very mature source of strength for him during his extended terms in the Guam Legislature from 1972 to and experienced person. He went to Berea illness. He also leaves behind brothers and 1980. During these terms, he applied the College in Kentucky and the Wharton School sisters Esther Taitano Underwood, Frank Flo- same high standards in overseeing the spend- of Economics in Pennsylvania. He came back res Taitano, Jose Flores Taitano, Henry Flores ing plans of government agencies without re- to Guam educated and ready to apply his Taitano, Candelaria Taitano Rios and William gard to friendships, political alliances, or family knowledge and understanding of his people to Flores Taitano. connections. As a young educator, I had the government service, both on Guam and in the Si Yu'os ma'ase' nu todu i che'cho'-mu para opportunity to testify in front of him on political Federal sector. i minaolek i taotao-mu yan i tano'-mu. status issues. I was afforded no special treat- As he had been taught by his parents, he f ment and, in fact, given some difficult ques- knew that his education and his intelligence tions to respond to. required a high level of responsibility from him. CASA MALPAIS NATIONAL For most political leaders on Guam, he was He knew that being gifted was just thatÐa gift. HISTORIC LANDMARK a great Democrat partisan. He served as State He didn't earn being smart or talented or hard- chairman of the Democratic Party of Guam working. These were the result of his parent- from 1967 to 1969. He was the architect of a age, his heritage, and his place in the world HON. J.D. HAYWORTH political machine that was built on hard work, as God intended for him. Personal arrogance OF ARIZONA collaboration, boundless energy, unmatched was not part of his demeanor, but he certainly IN THE HOUSE OF REPRESENTATIVES intellect, and powerful grassroots. He was a enjoyed using his wits to confront arrogance Tuesday, January 7, 1997 role model for two generations of politicians wherever and whenever he saw it. Mr. HAYWORTH. Mr. Speaker, today I am Uncle Richard was my personal lesson in and politician wannabees who saw in him the reintroducing legislation which would authorize how to use your wits and how to use hard embodiment of the drive for political mastery the Secretary of the Interior to provide assist- work to great advantage in life. But that is not and the desire to be of public service. ance to the Casa Malpais National Historic For all in Guam's governmental matrix, he the end of the lesson. You see the world is full Landmark in Springerville, AZ. The Casa was the best that the island has ever had in of witty people, even those who work hard at Malpais National Historic Landmark is a 14.5 devotion to duty combined with the highest of being witty and those who take full advantage ethical standards. Whether it was his service of it. The difference for those who become acre archeological site located near the towns as a land surveyor, as director of the Depart- truly great is that only a handful, only a select of Springerville and Eager in northeastern Ari- ment of Finance, as the legislative overseer of few, use those talents in the service of people. zona. The site was occupied around A.D. the Government's finances, he was Guam's He saw that people needed help and that it 1250 by one of the largest and most sophisti- model for ethical public service. There was was his responsibility to help them, not by cated Mogollon communities in the United never any ``deal'' to be made when it involved bending the rules, but by changing the rules. States. the public's money. He made the sun shine in He was that there was much which was unfair Casa Malpais is an extraordinarily rich ar- on his public service and he shined that same and he challenged the unfairness not by hit- cheological site. Stairways, a Great Kiva com- light on every agency head that came before ting below the belt, but by exposing unfairness plex, a fortification wall, a prehistoric trail, him. He didn't just talk sunshine politics, he whenever he saw it. He saw that there was in- catacombs, sacred chambers, and rock panels lived it and he did so in a way no other Guam justice in government, but he confronted the are just some of the features of this large ma- public servant has ever matched, before and purveyors of injustice. He didn't pander to the sonry pueblo. Due to its size, condition, and especially since. He is the role model for victims of injustice, he went at those who rou- complexity, the site offers an unparalleled op- those who aspire to ethical public service. tinely practiced injustice. He was outspoken, portunity to study ancient society in the South- For those of us who were related to him and but even his silence could convey a powerful west and, as such, is of national significance. who grew up in his shadow, he touched us in message, as when he quietly walked out of My legislation would establish the Casa ways which he himself probably never under- the first Guam Commission on Self-Determina- Malpais National Historic Landmark as an af- stood. He was diminutive in size, came from tion when Chamorro self-determination was filiated unit of the National Park Service. Affili- a Baptist family in a very Catholic island and not going to be the first item on the agenda. ated status would authorize the resources and was reared in unprivileged circumstance. He He never went back. protection necessary to preserve this treasure. demonstrated to us that stature was measured He didn't come to this role easily. In carry- As a member of the family of affiliated national from the neck up. He showed that a keen in- ing out his duties as a Federal official, he en- landmarks, the public would also have greater tellect and hard work could always overcome gaged in activities which he didn't particularly exposure to the Casa Malpais site. advantage. He understood religion to be a relish. He appeared in front of the United Na- The communities in the area support this personal force and not a public display. During tions to defend U.S. policies and was some- legislation. Local officials have taken steps to his service as Guam Senator, the Legislative times a caustic critic of local governmental ac- ensure that all research and development of Building and Catholic Cathedral were across tions. But in his service as Guam Senator, we the site is conducted in consultation with local the street from each other. I remember well all bore witness to the wisdom which that experi- native American tribes. the times he refused to cross the street to go ence gave him. He could speak with authority I ask my colleagues to support this meas- to the Cathedral for an Inaugural mass for the not only about local aspirations, but about ure. It will enhance the landmark's attributes Guam Legislature prior to the swearing in of Federal intent. Although illness eventually for the enjoyment and education of local com- the new legislature. pulled him from the mainstream, political nov- munities, the State of Arizona and the Nation. If Richard Taitano were your uncle, he ices and experienced elected officials contin- By supporting this legislation, we can help would be the biggest giant in your extended ued to seek his counsel and advice. open this unique window of history through January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E35 which we can study and learn about our rich Felix H. Bryant, Jr. and Brother William H.L. Terrell, Lloyd Terrell, Antionne Thompson, heritage. Oliver became Omega Man of the Year. Charles W. Watts, H. Benjamin Williams, Rob- f In their acceptance speeches each gen- ert Wilson, Jr., James C. Wilkerson, Rashad tleman thanked his family for the role each Wilkerson, and Ennis D. Winston. FRIENDSHIP IS ESSENTIAL TO has played in his life. The words role model Mr. Speaker, I am sure my colleagues will THE SOUL kept coming up. Felix Bryant thanked his want to join me as I offer congratulations to mother who received an Achievement Award the award recipients and extend best wishes HON. DONALD M. PAYNE in 1995; presenter Louis Childress thanked his for a prosperous, healthy and happy 1997 to OF NEW JERSEY awardee brother, Irving, who although younger the members of Omega Psi Phi Fraternity, IN THE HOUSE OF REPRESENTATIVES had been a role model for him; William Oliver particularly the membership of the Upsilon Phi recognized his two daughters, Shelly and Tuesday, January 7, 1997 Chapter of Newark, New Jersey. Krystal and his granddaughter, Kourtney. The f Mr. PAYNE. Mr. Speaker, November 17, theme of being of service to one's community 1996 marked the 85th anniversary of the also took a prominent place in everyone's re- INTRODUCTION OF THE TRUTH IN founding of the Omega Psi Phi Fraternity. The marks. BUDGETING ACT fraternity was founded by three undergraduate Mr. Speaker, I was honored to be the recipi- students and their faculty advisor at Howard ent of the 1994 Citizen of the Year Award HON. BUD SHUSTER University. These gentlemenÐEdgar Amos from the Upsilon Phi Chapter of the Omega OF PENNSYLVANIA Love, Oscar James Cooper, Frank Coleman, Psi Phi Fraternity. It was very gratifying to be IN THE HOUSE OF REPRESENTATIVES and Dr. Ernest Everett JustÐbegan an organi- recognized for my work by a group of distin- Tuesday, January 7, 1997 zation that would play a major role in the cul- guished professional gentlemen who in their Mr. SHUSTER. Mr. Speaker, I rise today to tural, social, and civic lives of communities of own rights make differences in the lives of introduce, along with the Ranking Member of color. many people every day. Greatness, commit- the Transportation and Infrastructure Commit- The Omega Psi Phi Fraternity is one of ment and service have permeated the legacy tee, Representative OBERSTAR, the Truth in eight members of the National Pan-Hellenic of the Omegas through the memberships of Budgeting Act, which takes off-budget four Council. The fraternity's motto is ``Friendship many famous African-American men including user-financed, deficit proof transportation trust Is Essential To The Soul'' and its cardinal prin- marine biologist Ernest E. Just who was rec- funds. ciples are manhood, scholarship, persever- ognized recently with the issuance of a com- In the 104th Congress, the House, on April ance and uplift. The first chapter, the Alpha memorative U.S. postal stamp, discoverer of 17, 1996, voted by nearly a two to one margin Chapter, was organized by 14 charter mem- plasma Charles Drew, poet Langston Hughes, (284±143) in favor of the same bill that we are bers on December 15, 1911. Today, Omega developer and initiator of the current Black introducing today. The support for that legisla- Psi Phi is composed of 11 districts and has History Month Carter G. Woodson, attorney tion was overwhelmingly bipartisan. more than 500 active chapters around the and former head of the National Urban The reason for this support is simple. The world. League Vernon Jordan, astronaut Ronald issue before the House was not a budget The Upsilon Phi Chapter represents the McNair, America's first African-American Gov- question but rather a matter of honesty with greater Newark, New Jersey area. It was ernor L. Douglas Wilder, and author of ``Lift the taxpayer. Members concluded that they no founded on October 27, 1927 to promote the Every Voice and Sing'' James Weldon John- longer wanted to continue the charade of col- fraternity's cardinal principles in the commu- son. This list of luminaries would not be com- lecting dedicated gas, airline, waterway, and nity. The 63-member organization has contin- plete if it did not include two gentlemen who harbor taxes and using the fundsÐnot to fund ued the tradition of providing service and sup- were instrumental in establishing a sound and infrastructure improvementsÐbut rather to port to our community and its people. functional foundation for the fraternity. They mask the size of the general fund deficit. The brothers of the Omega Psi Phi Frater- are H. Carl Moultrie who served as the frater- The Truth in Budgeting Act is very simple. nity were very active in America's struggle for nity's first national executive secretary (execu- It removes four trust funds (Highway, Aviation, social change. Thousands of Omega men tive director) and Walter H. Mazyck who was Inland Waterways, and Harbor Maintenance) from every part of the country were involved in the fraternity's preserver of records (historian). from the Congressional Budget. The trust the fight to eliminate racial discrimination. The Mr. Speaker, I would like to take this oppor- funds still remain subject to all current author- Omegas financially supported other organiza- tunity to enter into the annals of U.S. history, izing and appropriations controls. Indeed, the tions, including the NAACP and Urban the names of the members of the Upsilon Phi legislation includes provisions guaranteeing League, that were fighting on the same battle Chapter; hereby thanking them for being such that the funds can never deficit spend. field for social justice. good role models and supporters of our com- All spending from these trust funds would It is said to forget one's history is to be munity. The 1996 membership roster includes still require authorization and appropriate doomed to repeat one's mistakes. In 1921 at Lee A. Bernard, Jr., Basileus; William H.L. Oli- spending controls could still be set by the Ap- its Nashville Grand Conclave, the Omegas ver, 1st Vice Basileus; Patrick D. Todd, 2nd propriations Committee. Further, spending adopted Carter G. Woodson's concept of a Vice Basileus; Ronald D. Coleman, Keeper of from the funds are still subject to line item National Achievement Week to promote the Records and Seal; Felix H. Bryant, Jr., Keeper veto and would be included in calculations study of Negro life and history. Today, Mr. of Finance; Derrick Hurt, Keeper of Peace; under balanced budget constitutional amend- Woodson's concept is observed in the month Rev. John G. Ragin, Chaplain; and members ments. of February as Black History Month. The Dwayne R. Adams, Donald D. Baker, James America's infrastructure needs are stagger- Achievement Week is still observed during the R. Barker, Jr., Stephen Barnes, Richard A. ing. For highways, we should be spending $60 month of November where tribute is paid to Bartell, Jr., James E. Bennett, Victor Cahoon, billion per year but are only spending $30 bil- members of the community who have served Louis Childress, Jr., Steve Cooper, Michael A. lion. Similar levels of neglect exist in our it in an exemplary manner. Davidson, Adrian C. Desroe, Edward Von bridge and transit programs. Our air traffic On November 9, 1996, the Upsilon Phi Dray-Smith, Daniel Eatman, Leon Ewing, Jef- control system is still literally running on vacu- Chapter held its 1996 Achievement Week frey C. Gaines, Alfred C. Gaymon, Tyrone um tubes. Awards Breakfast on the campus of the New Garrett, Hugh M. Grant, Richard Greene, There are numerous costs to this under in- Jersey Institute of Technology in Newark, New Bruce D. Harman, Keith Harvest, Pearly H. vesting: increased commuting times and Jersey. The event was a gathering of family, Hayes, Thomas V. Henderson, Bruce A. Hin- delay, additional cost from wear and tear, de- friends, brothers and associates who came to- ton, James G. Hunter, George W. James, IV, creased industrial productivity and inter- gether to recognize and thank those who have Sharpe James, Michael W. Johnson, Kenneth national competitiveness, and increased trans- made a difference. Student Awards were pre- J. Jones, Ronald M. Jordan, Jr., Calvin R. portation costs for businesses. sented to Willie D. Graves and Michael Brown, Ledford, Jr., Melvin D. Lewis, Jr., Gilbert D. Perhaps the greatest cost is in diminished students of Orange High School and St. Bene- Lucas, Samuel M. Manigault, Samuel T. safety. Fatal accidents on four-lane divided dict's Prep School, respectively; Irving A. McGhee, Maxie A. McRimmon, Clifford J. highways may be one half that of two-lane Childress received the Community Service Minor, Ronald J. Morse, Jr., Roy Oller, roads. Improvements from the National High- Award; the Citizen of the Year Award went to Sedgewick Parker, Alfred Parchment, S. way System (NHS) may save 1,400 to 3,600 Milton L. Harrison; the Superior Service Award George Reed, Autrey Reynolds, Arthur J. lives yearly as well as savings in human suf- was accepted by Brother James G. Hunter; Smith, III, Zinnerford Smith, Rhudell A. fering and economic loss. Aviation safety is the Basileus Award was presented to Brother Snelling, Jessie L. Stubbs, Jr., Kenneth the top priority of the air traffic control system. E36 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 When these trust funds were established, COMMON LANGUAGE, COMMON sure that students can choose to pray in the American taxpayer consented to paying SENSE: THE BILL EMERSON ENG- school. Regrettably, the notion of the separa- dedicated excise taxes (for example, the gas LISH LANGUAGE EMPOWERMENT tion of church and state has been widely mis- tax and the airline ticket tax). In return, the ACT represented in recent years, and the Govern- Federal Government promised to spend these ment has strayed far from the vision of Amer- use-related taxes for infrastructure improve- HON. RANDY ‘‘ DUKE’’ CUNNINGHAM ica as established by the Founding Fathers. ments. To signify the fiduciary responsibility OF CALIFORNIA Our Founding Fathers had the foresight and the Federal Government was undertaking, IN THE HOUSE OF REPRESENTATIVES wisdom to understand that a Government can- not secure the freedom of religion if at the trust funds were established to keep track of Tuesday, January 7, 1997 receipts and spending. The government fur- same time it favors one religion over another ther promised that any unspent balances Mr. CUNNINGHAM. Mr. Speaker, today I in- through official actions. Their philosophy was would be invested in the safest security pos- troduce legislation making English the official one of evenhanded treatment of the different sibleÐU.S. Government securities. language of the U.S. Government. Similar leg- faiths practiced in America, a philosophy that islation in the 104th Congress (H.R. 123) drew was at the very core of what their new Nation The current existence of over $30 billion in 197 bipartisan House cosponsors, and won a was to be about. Somehow, this philosophy is cash balances in these funds makes a mock- bipartisan 259±169 House vote on August 1, often interpreted today to mean that religion ery of these promises. For years, we have at- 1996. has no place at all in public life, no matter tempted to appropriately spend the funds in The Bill Emerson English Language what its form. President Reagan summarized these trust funds, yet the balances continue to Empowerment Act represents a common- the situation well when he remarked, ``The rise. This bill is the best available means to sense, common language policy. The legisla- First Amendment of the Constitution was not the real goal of insuring that these dedicated tion: written to protect the people of the country funds are spent for their intended purposes. Names English as the official language of from religious values; it was written to protect Support for the Truth in Budgeting bill is en- the Government of the United States; religious values from government tyranny.'' tirely consistent with support for a balanced Recognizes our historical linguistic and cul- And this is what voluntary school prayer is tural diversity, while finding that English rep- budget or a constitutional amendment to bal- about, making sure that prayer, regardless of resents a common bond of Americans, and is ance the budget. According to CBO, the Truth its denomination, is protected. the language of opportunity in the United There can be little doubt that no student in Budgeting Act does not, by itself, spend any States; should be forced to pray in a certain fashion additional funds. We have always been com- Requires the U.S. Government to conduct or be forced to pray at all. At the same time, mitted to working out reasonable spending lev- its official business in English, and to conduct a student should not be prohibited from pray- els to draw down the balances while continu- naturalization ceremonies in English; ing, just because he-she is attending a public ing on track to reach a balanced budget. In- Entitles every person in the U.S. to receive school. This straightforward principle is lost on deed, due to their self-financing nature, these official communications in English; the liberal courts and high-minded bureaucrats trust funds are model programs for how to bal- Includes commonsense exceptions to the who have systematically eroded the right to ance the budget. policy, such as for international relations, na- voluntary school prayer, and it is now nec- In addition, due to the unique nature of tional security, teaching of languages, preser- essary to correct the situation through a con- these four transportation trust funds, there will vations of Native Alaskan or Native American stitutional amendment. I urge my colleagues to not be a stampede of other trust funds deserv- languages, and for any use of English in a support my amendment and make a strong ing of the same off-budget treatment. Unlike nonofficial or private capacity; statement in support of the freedom of reli- other trust funds, these four funds are totally Is supported by 86 percent of all Americans, gion. user financed, deficit proof, not entitlements, 81 percent of immigrants (Luntz, 1996), and a and annually controlled. broad range of mainstream citizen organiza- f tions, such as U.S. English, the Veterans of A BEACON-OF-HOPE FOR ALL There is a strong argument that releasing Foreign Wars, the American Legion and oth- AMERICANS: KENNETH TAYLOR these funds for infrastructure improvements ers. will actually make it easier to balance the The only substantial difference between this budget. A recent study funded by the Depart- bill and the H.R. 123 adopted by the House in HON. MAJOR R. OWENS ment of Transportation found that since the 1996 is that the House-passed bill incor- OF NEW YORK 1950's, industry realized production cost sav- porated a repeal of the Federal bilingual ballot IN THE HOUSE OF REPRESENTATIVES ing of 24 cents for each dollar of investment mandate, H.R. 351, and this bill does not. I Tuesday, January 7, 1997 in highways. In other words, a dollar of high- continue to support repeal of the Federal bilin- way investment paid for itself within 4 years. gual ballot mandate. This arrangement helps Mr. OWENS. Mr. Speaker, with the 1996 election behind us, this Nation has completed A $1 billion expenditure on highways sup- simplify the bill's referral to only one House another cycle for the ongoing democratic proc- ports 56,600 full time jobs: 42,100 of these committee. ess which makes America great. The electoral jobs are in highway construction and supply Our late colleague, Representative Bill Em- erson worked for many years to make English process and the public officials selected industries and an additional 14,500 jobs are in through this process are invaluable assets in other industries throughout the economy. the official language of the U.S. Government. Through his goodwill, we had an historic and our quest to promote the general welfare and A well-managed program of infrastructure successful first-ever House vote on the issue to guarantee the right to life, liberty, and the investment improves the Nation's productivity in the 104th Congress. His widow and succes- pursuit of happiness. It is important, however, and economy, making it easier to balance the sor, Representative JoAnn Emerson is the first Mr. Speaker, that we also give due recognition budget. cosponsor of this legislation in the 105th Con- to the equally valuable contribution of non- A wide cross-section of business, labor, and gress. elected leaders throughout our Nation. The government organizations recognizes these I invite Members to cosponsor the Bill Emer- fabric of our society is generally enhanced and facts and supports the Truth in Budgeting Act. son English Language Empowerment Act in enriched by the hard work done year after In all, 94 organizations are part of a Truth in the 105th Congress, so we may enact this year by ordinary volunteer citizens. Especially in our inner-city communities which suffer from Budgeting Coalition working to pass this legis- positive and constructive legislation. long public policy neglect, local grassroots lation. f leaders provide invaluable service. These are Support for the Truth in Budgeting Act is a VOLUNTARY SCHOOL PRAYER men and women who engage in activities win-win situation. Taking the transportation which generate hope. I salute all such heroes trust funds off-budget restores faith with the HON. JO ANN EMERSON and heroines as Beacons-of-Hope. American taxpayer over the promises made OF MISSOURI Kenneth Taylor is one of these Beacons-of- when these taxes were enacted. Spending IN THE HOUSE OF REPRESENTATIVES Hope residing in the central Brooklyn commu- from the trust funds is still completely subject nity of New York City and New York State. In to congressional control, is consistent with a Tuesday, January 7, 1997 1982, Mr. Taylor offered his services as a vol- balanced budget, and can help the economy, Mrs. EMERSON. Mr. Speaker, I rise today unteer in the office of Congressman MAJOR making it easier to reach a balance. to introduce a constitutional amendment to en- OWENS and later rose to the position of deputy January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E37 district director. During the course of his ten- and one which our County long profit from home the second place trophy. Unfortunately ure there, he assisted thousands of constitu- was Jim's hands-on involvement and support for the Raiders, the third time was not the ents with various problems. He became an ex- for the approval and construction of the San charm for the State championship. However, I pert at resolving immigration problems and Felipe Division of the Central Valley Project. believe that there are no losers in a State was recognized throughout the city. After This project, for the first time, brought federal championship game, because both of the nearly 13 years with Congressman OWENS, water into our County. His leadership was criti- teams playing are winners already. Mr. Taylor retired; however he remains active cal at a time when many did not think it was Having the opportunity to play in a State in his community. possible to overcome all the hurdles involved championship game in any sport is a great ac- Kenneth Taylor also devotes much of his in bringing Federal water to our area. But Jim complishment that cannot be attained without time to music. He serves as an organist, com- did. hard work. I commend the Raiders students, poser, and arranger for his church in Brooklyn. Throughout his career, the governors of coaches, and fans for their hard work and Moreover, he is vice president of the 100 Men California have sought out Jim's counsel and dedication to the sport of football as well as for Major Owens; member of District 65; and leadership naming him to numerous boards the loyalty that they have shown for their member of Sigma Alpha Delta. and task forces on California's more difficult school. Shortly after his arrival from his native coun- water issues ranging from Auburn Dam to the For the record, I would like to list the names try of Cuba, Kenneth Taylor enlisted in the transfer of the Central Valley Project to the of the players, coaches, managers, cheer- United States Army and was stationed in state. Jim also served for ten critical years as leaders, and pom-pom squad members in- France and Germany. At the end of his enlist- a governor's appointee to the California Water volved in the success of the 1996 Central ment, he received an honorable discharge. Commission. This assignment brought him to A&M Raiders Football Team. First, the play- He, thereafter, attended Bernard Baruch Col- Washington to make California's case for in- ers: Jim Dial, Ryan Dorsey, Craig Fathauer, lege where he graduated with a bachelor of creased funding for our water initiatives. Many Ross Forlines, Joe Gould, Matt Hite, Jim Hunt, arts in management. He also received a cer- stories are told of Jim's tenacious, but Travis Kerby, Drew Moore, Aaron Potsick, Tim tificate in paralegal studies from Long Island thoughtful support for California's projects Prosser, Trent Rodman, Wes Shanks, Wes University and completed an internship with among the appropriations committee staff and Temples, Jeremy Buckles, Jason Churchill, the corporate counsel of the city of New York. federal agenciesÐand what a difference he Virgil Coffman, Bob Hogan, B.J. Jordan, Perry Kenneth Taylor is a Beacon-of-Hope for made. Jordan, Mike McLain, Jeremy Medler, Brad central Brooklyn and for all Americans. I was privileged to see Jim in action last Reatherford, Jon Simmons, Richard Stuart, f spring as he led a San Jose contingent to Darin Wall, Derek Wall, Tim Webster, Jeff Washington to make the case for key funding Carter, Brent Damery, Graham Danyus, Justin SALUTE TO JAMES JOHN LENIHAN levels for the Guadalupe River Project. His Dirks, Jacob Elder, Adam Germscheid, Ross sincere feeling for the protection of his con- Minott, Josh Monson, Nathan Morrison, Chris HON. ZOE LOFGREN stituents, coupled with his knowledge of the Stringer, Andy Tibbs, and Brandon McVey. OF CALIFORNIA appropriations process and his Irish wit and Coaching the Raiders were Mark Ramsey, IN THE HOUSE OF REPRESENTATIVES good humor made for a winning combination. Gerald Temples, Brett Hefner, Doug Morrell, Tuesday, January 7, 1997 This enabled the County's federal representa- Brad Kerby, Mike Lees, and Jerit Medler. tives to secure federal funding in difficult finan- Team managers were John Allison and Jesse Ms. LOFGREN. Mr. Speaker. In an era cial times. Jim's been working his magic for Adrian, The cheerleaders included Amanda when hard work and dedication to the public our County now for 36 yearsÐwe cannot af- Bilyeu, Bidget Bilyeu, Amber Blades, Jody good sometimes seem outdated, we need to ford for him to retire. Burckhartt, Michelle Matlock, Courtney Nicol, be reminded what personal character and But retire he will in late January 1997 to Jennifer Ramsey, Abbey Seifert, Amy Seifert, long-term commitment mean. It is the men Watsonville, CA, with Nancy where he will Jenny Vincent, Brianne Wempen, and Hilary and woman who work hard, raise children and enjoy his five children and plan for the next Wooters. Members of the pom-pom squad are contribute to the quality of their neighbor's phase of his tremendous career. We know Jim Brooke Boitz, Kelly Clutter, Amanda Dorsey, lives who are the true heroes of American life. will stay involved in California water issues Amanda Flemming, Jennifer Ludlum, Neely Jim Lenihan is such a person. Jim grad- and as the County's elder statesman on water Sloan, Ronda Sloan, and Tiffany Wilson. uated from the University of San Francisco, policy, we look forward to calling on him for On behalf of the 19th District of Illinois, I ex- married his wife, Nancy, and began a long his wisdom and insight in the years ahead. tend my congratulations to the Central A&M and successful career in the insurance busi- And so Mr. Speaker, I would like to extend Raiders on another successful season. As the ness which lasted forty years. During this time, my fellow Californians' utmost gratitude to Mr. words to your fans' favorite cheer says, ``We Jim and Nancy raised their five children, while Jim Lenihan for a job well-done earning him a are proud of you.'' Jim found time to engage in a host of civic ac- list of sterling achievements rarely matched f tivities in Mountain View and Santa Clara among our state's leaders in water policy de- County. A dedicated family man who also velopment. PROTECT VOTING RIGHTS FOR worked hard to give back to his community, f THE HOMELESS; THE VOTING Jim is much loved in Mountain View. In 1960, RIGHTS OF HOMELESS CITIZENS Jim began his other career in the water re- A TRIBUTE TO THE RAIDERS OF ACT OF 1997 sources field by being elected Board Director MOWEAQUA, IL of the Santa Clara Valley Water Conservation HON. JOHN LEWIS District, the predecessor to today's Santa HON. GLENN POSHARD OF GEORGIA Clara Valley Water District in San Jose, CA. OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES Jim has served for 36 years on the Santa IN THE HOUSE OF REPRESENTATIVES Clara Valley Water District Board as a guiding Tuesday, January 7, 1997 force for thoughtful water resources manage- Tuesday, January 7, 1997 Mr. LEWIS of Georgia. Mr. Speaker, as the ment. During his tenure, Jim had a leading Mr. POSHARD. Mr. Speaker, I want to 105th Congress convenes today, I am pleased role in the critical decisions facing the District honor a group of dedicated high school ath- to reintroduce the Voting Rights of Homeless in the development of a reliable water supply letes that I am proud to say are from my dis- Citizens Act of 1997. The purpose of this leg- for the County. Specifically, Jim was involved trict. The Central A&M Raiders football team islation is to enable the homeless, who are in the development of the San Felipe Water recently won Second Place in the Illinois Class citizens of this country, to vote. The bill would Importation System, the Guadalupe River 2A State Football Championship and finished remove the legal and administrative barriers Flood Control Project, the State Water Project their season with a record of 12 wins and 2 that inhibit them from exercising this right. No and a host of state and federal water policy is- losses. one should be excluded from registering to sues. His early involvement and effective lead- The consolidated school districts of As- vote simply because they do not have a ership to secure local, state and federal find- sumption and Moweaqua have produced a home. But in many States, the homeless are ing in support of the State Water Project and football dynasty in central Illinois. This season left out and left behind. That is not right. It is the federal Central Valley Project has helped the Central A&M Raiders made their third ap- not fair. It is not the way of this country. make Santa Clara County and the State of pearance in the Illinois State High School During this century, we have removed major California leaders in the stewardship of our Football Championship Game and this is also obstacles that prevented many of our citizens water resources. One of Jim's key successes the third time that the Raiders have brought from voting. Not too long ago, people had to E38 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 pay a poll tax or own property to vote. Women eryday lives. Because I grew up in the small mistake and now HUD is threatening to make and minorities were prohibited from casting town of Edgertown, MN, I cherish the mo- the proverbial mountain out of the mole hill. the ballot. ments I am able to enjoy listening to Garri- In considering the potential problems large Before the Civil Rights Movement, there son's radio imagery and reliving some of the public housing authorities may encounter as were areas in the South where 50 to 80 per- joys of my midwestern youth. they try to implement mandatory verification of cent of the population was black. Yet, there Mr. Keillor's work is not limited to his superb citizenship or immigration status of all appli- was not a single registered black voter. In activities over radio airwaves. Readers of The cants for housing assistance, the Senate tried 1964, three young men in rural Mississippi New York Times and The Atlantic are en- to provide an opt-out provision which would gave their lives while working to register peo- riched and entertained by the thoughts of Gar- allow HA's to grant housing assistance before ple to vote. Many people shedded blood and rison through his contributed articles. He is all verification was completed if the verification some even died to secure voting rights protec- also the author of numerous books: ``We are process was taking too long or if the waiting tion for all Americans. Still Married,'' ``Happy to be Here,'' ``Lake period began to result in an unusual amount Mr. Speaker, over 30 years ago, President Wobegon Days,'' ``WLT,'' ``Leaving Home,'' of vacant units. While House Members were Lyndon Johnson proposed that we ``eliminate ``The Book to Guys'' and the children's book at first reluctant to put this opt-out into statu- every remaining obstacle to the right and op- ``Cat, You Better Come Home,'' He has also tory language, it was included in the final ver- portunity to vote.'' Eight months later, the Vot- broken box-office records in performances sion of the bill signed into law. ing Rights Act of 1965 was signed into law, with orchestras across the country and over- Unfortunately, HUD has now interpreted the making it possible for millions of Americans to seas. opt-out language to mean that HA's could opt- enter the political process. The time is long While his work is obviously appreciated by out of the entire section 214. In other words, overdue to ensure that every American has his fans, as evidenced by his loyal If HUD's view prevailed, HA's could legally the opportunity to exercise this fundamental listenership, there is also a mutual respect and give housing assistance to illegal aliens with- right. admiration from his peers. During the first 13 out any questions being asked. Needless to Our Nation has made progress. The 19th years of PHC, Garrison received the pres- say, I totally disagree with the interpretation amendment finally gave women the right to tigious George Peabody and Edward R. Mur- the Department has rendered on the issue. vote. The motor voter law made voter registra- row Awards, along with a medal from the How HUD's lawyers could come to the conclu- tion more accessible to working people. Yet, American Academy of Arts and Letters for his sion that while adopting legislative changes to despite tremendous progress, we still have work. He has also received two ACE Awards, section 214, which were intended to make it work to do. I have dedicated my life to ensur- a Peabody, and a Grammy, along with several more difficult for illegal aliens who have been ing that every American is treated equally and Grammy nominations. The Museum of Broad- determined by the HA's to be ineligible for that everyone has the right to register and cast Communications has also paid tribute by new or continued assistance, the Congress vote. I ask my colleagues to join me in open- inducting him into their Radio Hall of Fame. would then intend to allow the HA's to turn ing the political process to every AmericanÐ I especially appreciate Mr. Keillor's discus- around and not enforce section 214, is beyond even those without a home. I urge my col- sions of everyday religious activities of Ameri- me. leagues to join me by cosponsoring and sup- cans. Although this subject is considered For the record, and as the principal author porting passage of the Voting Rights of Home- taboo by most media performers, Garrison of the section 214 changes, I will again, state less Citizens Act of 1997. treats religious beliefs as a normal part of that under no circumstance did the Congress f human activity, which it truly is for most peo- intend any interpretation of the legislation ple. He discusses it intelligently, thoughtfully, which gives any HA the option of following the HONORING GARRISON KEILLOR and respectfully, but does so with his superb law as written in section 214. sense of humor. He points out the foibles of It is clear to me, as it was to all of the Mem- HON. VERNON J. EHLERS human behavior vis a vis people's religious bers involved, that the author of the opt out OF MICHIGAN beliefs, yet does so in a way that humorously only intended to allow HA's with high turnover IN THE HOUSE OF REPRESENTATIVES causes us to reflect on our faith and actions to be able to place families in housing without Tuesday, January 7, 1997 and how they relate to the greater meaning of having to wait for a verification from the INS. life. Again, it is inconceivable to me how HUD Mr. EHLERS. Mr. Speaker, It is with great Mr. Speaker, I ask my colleagues to join me could say that our intent was to allow HA's to pleasure that I take this time today to recog- in thanking Garrison Keillor for his gifted con- completely ignore a law we were trying to nize America's most gifted, thoughtful, and tal- tributions to our society. His dedication, talent, tighten. ented entertainer, writer, and storyteller, Garri- and writing are a true delight for those who The effect of HUD's conclusions would sug- son Keillor. I recently had the opportunity to have had the opportunity to enjoy his work. gest that HUD is now telling the HA's that if welcome Garrison to the Great Lakes State for f they do not want to enforce section 214 they a wonderful Christmas performance at the do not have to. This means that HUD is telling University of Michigan. HOUSING AND ILLEGAL ALIENS the HA's that they may now elect to grant Born in the eastern Minnesota town of housing assistance to illegal aliens or continue Anoka in 1942, Garrison Keillor has been pro- HON. ELTON GALLEGLY to provide assistance to illegals even after viding radio listeners with a serious, yet hu- OF CALIFORNIA they had been determined to be ineligible. I do morous, view of everyday life through his de- IN THE HOUSE OF REPRESENTATIVES not believe this is the official position of the scriptive and creative stories since his under- Tuesday, January 7, 1997 Department. graduate days at the University of Minnesota. My legislation is intended to clear up any After graduating Garrison went to work for The Mr. GALLEGLY. Mr. Speaker, today I am in- doubt among HUD or the housing authorities. New Yorker, where he exhibited his writing troducing legislation which is designed to cor- f skills and explored new interests. However, it rect a drafting error which appeared in Public wasn't until 1974 that Mr. Keillor began a new Law 104±208 and which pertains to the ability APPRECIATION TO THE PEOPLE radio program that has become a weekly tradi- of ineligible aliens to receive Federal housing OF MASSACHUSETTS 3D DISTRICT tion for his almost 2 million listeners world- assistance. wide. Amendments made to section 214 of the HON. JAMES P. McGOVERN ``Prairie Home Companion,'' Garrison's vari- Housing Act, as incorporated into the Immigra- OF MASSACHUSETTS ety show creation in 1974, has been a family tion Reform bill adopted last year, were de- IN THE HOUSE OF REPRESENTATIVES favorite in my home for over 20 years. Heard signed to make it more difficult for illegal on close to 350 public radio stations across aliens to receive housing assistance. The fact Tuesday, January 7, 1997 the country, with listenership growing, PHC is, illegals are currently receiving housing as- Mr. McGOVERN. Mr. Speaker, today I took has created a welcome and enjoyable atmos- sistance and every day newly arrived illegal my oath of office to represent faithfully the phere reminiscent of radio of years past by aliens are applying for assistance. HUD, in the people of the 3d district of Massachusetts. As providing unique entertainment and strong past has been very inconsistent in enforcing I stood on the floor of the House with my 6- mental images that only radio can present. Mr. the laws designed to prevent this funding from year-old niece, Courtney, I remembered the Keillor exhibits a superb knack for story spin- going to ineligible families. faces of all the familiesÐthe men, women and ning that is refreshing, and a nice change of Unfortunately, in attempting to correct the childrenÐwith whom I'd met throughout the 3d pace from the pressures we all face in our ev- obvious flaws in the law, we made a drafting district during this past year. The pledge I took January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E39 today is to work in support of their dreams and H.R.— gained critically needed emergency services aspirations, not only for today, but for the lives Be it enacted by the Senate and House of Rep- for people in need, and she has recovered of their children and grandchildren. resentatives of the United States of America in thousands of dollars in entitlement funds for To be elected to the House of Representa- Congress assembled, citizens who have been unjustly treated by tives is to take on a sacred trust. I feel privi- SECTION 1. SHORT TITLE. government agencies. Few people know their leged and deeply appreciative to the people of This Act may be cited as the ‘‘Rural Hous- way through the social service bureaucracy as the 3d Congressional District. And on this day, ing Loan Servicing Privatization Act’’. well as Annie Nicholson. I honor you and your faith in America and our SEC. 2. REQUIREMENT TO TRANSFER SERVICING Ms. Nicholson is a rare combination of case OF SECTION 502 LOANS. worker and community activist. She is a mem- joint future. Section 502 of the Housing Act of 1949 (42 U.S.C. 1473) is amended by adding at the end ber of the board of directors of the Paul J. f the following new subsection: Cooper Human Services Center; a member of RURAL HOUSING LOAN SERVICING ‘‘(i) TRANSFER OF LOAN SERVICING.—The the board of the Atlantic Avenue TAP Center; PRIVATIZATION ACT Secretary shall enter into contracts under and a member of 100 Women for Major section 510(k) providing for the servicing of Owens. all loans made by the Secretary under this Annie Nicholson is a native of Gulfport, MI HON. GARY A. CONDIT section, to the extent entities qualified and where she graduated from the 33d Avenue OF CALIFORNIA experienced in conducting loan servicing for High School. She later attended Kingsboro residential mortgage loans are available and IN THE HOUSE OF REPRESENTATIVES agree to enter into such contracts.’’. Community College and received training for manpower and career development counsel- Tuesday, January 7, 1997 SEC. 3. ADMINISTRATIVE PROVISIONS Section 510 of the Housing Act of 1949 (42 ing; welfare advocacy; and legal service advo- Mr. CONDIT. Mr. Speaker, I rise today to in- cacy. Annie is also the proud mother of two troduce the Rural Housing Loan Servicing Pri- U.S.C. 1480) is amended— (1) in subsection (j) by striking ‘‘and’’ at sonsÐJerry and Rodney Nicholson. vatization Act. the end; Annie Nicholson is a Beacon-of-Hope for Since 1988 the Congress has mandated (2) by redesignating subsection (k) as sub- central Brooklyn and for all Americans. that the Farmers Home Administration section (l); and f [FmHA], now the Rural Development Adminis- (3) by inserting after subsection (j) the fol- tration [RDA] establish an escrow accounting lowing new subsection: IN MEMORY OF REVEREND system for the section 502 single-family hous- ‘‘(k) enter into contracts (having such pro- SUMPTER ing program. It is now 1997 and little progress visions as the Secretary considers appro- has been made towards this goal. Since 1990, priate) with entities qualified and experi- enced in conducting loan servicing for resi- HON. GEORGE MILLER FmHA has been studying the benefits and ad- dential mortgage loans to conduct the serv- OF CALIFORNIA vantages of centralizing and contracting out icing for loans made by the Secretary under IN THE HOUSE OF REPRESENTATIVES the section 502 program. this title, which shall provide for such enti- Tuesday, January 7, 1997 A review of efforts to improve the delivery of ties to receive scheduled periodic payments the section 502 single family-housing program from borrowers pursuant to the terms of Mr. MILLER of California. Mr. Speaker, this shows that the program is troubled by mis- loans, including amounts for any escrow ac- past Saturday I had the chance to join many management, an unwieldy structure and infe- counts, and making payments of principal in my community to both mourn the death and rior technology. by FmHA's own admission, it and interest and such other payments with celebrate the life of Rev. Percel Napoleon respect to the amounts received from bor- Sumpter, pastor of Solomon Temple Mission- costs $20 million per year to maintain a sys- rowers as may be required pursuant to the tem that inadequately monitors the program. terms of loans and may provide for such en- ary Baptist Church. For more than 30 years Because this system cannot be redesigned to tities to retain a fee for servicing from loan Reverend Sumpter has been a leader in our maintain a mortgage escrowing program, the payment amounts received; and’’. community. He worked tirelessly to promote a agency must pay an additional $20 million per f better understanding between various factions year to voucher property taxes for borrowers. of our community, getting the police to under- This practice is detrimental to both the bor- A BEACON-OF-HOPE FOR ALL stand our youth and helping young people rower and the lender. AMERICANS: ANNIE NICHOLSON work with the police, trying to provide job op- In September of 1992, studies by the FmHA portunities for those on public assistance, and and GAO concluded that estimated operating HON. MAJOR R. OWENS seeking better housing for the elderly and low savings could be around $106 million by mak- OF NEW YORK income. Our community owes a great deal to ing these reforms. Unfortunately, trivial action IN THE HOUSE OF REPRESENTATIVES Reverend Sumpter. has been taken towards this end at a time Like the hundreds of people who attended when the Congress and the Federal Govern- Tuesday, January 7, 1997 his homegoing celebration on Saturday, I will ment are working towards reorganizing and Mr. OWENS. Mr. Speaker, with the 1996 miss Reverend Sumpter and all of his wisdom streamlining Government. election behind us, this Nation has completed and counsel. The Rural Housing Loan Servicing Privatiza- another cycle for the ongoing democratic proc- Our entire community conveys to the Sump- tion Act, will move this process along. This ess which makes America great. The electoral ter family our deepest sympathy. legislation would require the Secretary of Agri- process and the public officials selected I am enclosing below an obituary of Rev- culture to implement centralized servicing in through this process are invaluable assets in erend Sumpter that may inspire many of us as the section 502 housing program by entering our quest to promote the general welfare and we seek to help our own communities. into contracts with entities ``qualified and expe- to guarantee the right to life, liberty, and the OBITUARY rience conducting loan servicing.'' pursuit of happiness. It is important, however, ‘‘The Spirit of the Lord is upon me, be- One important aspect that this bill provides Mr. Speaker, that we also give due recognition cause he hath anointed me to preach the gos- is competition between Federal Government to the equally valuable contribution of non- pel to the poor; he hath sent me to heal the and private entities for borrowers. Allowing pri- elected leaders throughout our Nation. The broken hearted, to preach deliverance to the captives, and recovering of sight to the vate companies to compete for the borrowers fabric of our society is generally enhanced and blind, to set at liberty them that are bruised, currently serviced at the local level would fun- enriched by the hard work done year after to preach the acceptable year of the Lord.’’ damentally change the way the RDA does year by ordinary volunteer citizens. Especially Luke 4:18–19 business. It could also mean reaping the ben- in our inner city communities which suffer from The Reverend Dr. Percel Napoleon Sump- efits of the competitive marketplace, greater long public policy neglect, local grassroots ter was born in Columbia City, Florida, on efficiency, increase focus on customer needs, leaders provide invaluable service. These are December 22, 1925, to his proud parents, the and improving morale. men and women who engage in activities late Mr. Lewis and Mrs. Eva Sumpter. Dr. Given the budget and fiscal restraints facing which generate hope. I salute all such heroes Sumpter was one of seven children. Congress, I believe now is the time for us to and heroines as Beacons-of-Hope. He was preceded in death by one brother, work towards the goal of Rural Housing Loan Annie Nicholson is one of these Beacons-of- Reverend Lazarus Sumpter; two sisters, Mittiean Latson and Rosa Fashaw. Servicing Privatization Act. By doing this we Hope residing in the central Brooklyn commu- Dr. Sumpter was reared in a Christian would lower delinquency rates, reduce loan nity of New York City and New York State. home and taught Christian principles by his losses, have escrow account ability, and lower Since 1982, Annie has served as case worker parents. He confessed Christ and was bap- operating costs. for Congressman MAJOR OWENS. She has tized at an early age and united with Bethel E40 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Baptist Church in Fort Pierce, Florida. Rev- leaves to cherish his memory; his loving and university with a distinguished teaching erend C. Byrd was his pastor. devoted wife of forty-two years, Mrs. award in 1994, and was repeatedly chosen by He received his education in the public Arimentha Sumpter, Vallejo, California. graduation classes to address them at com- schools in Columbia City, Florida, and re- Four daughters: Margaret Cooley, Vallejo, mencement. ceived his Masters Degree in Manual Car- California; Joyce Balkum Sumpter, Roch- ‘‘Tom Campbell will be remembered as the pentry from Lincoln Park Academy of Co- ester, New York; Sonja Reese, Fort Meyers, pillar of teaching excellence at this law lumbia City, Florida. Florida; and Sadie Shivers, Dale City, Vir- school,’’ Northeastern Law School Dean He was always interested in gospel music. ginia. David Hall said yesterday. He taught prop- As he grew older, he was inspired by God and Three sons: Terry Sumpter, Vallejo, Cali- erty law in a way that students learned what his interest grew stronger. At the age of fornia; Aaron Sumpter, Petersburg, Virginia; they were supposed to learn.’’ eighteen, he was blessed to organize and sing and Calvin Smith, Fort Pierce, Florida. Born in Manhattan and raised in White with the Truetone Gospel Singers and the Godson: Victor A. Jones, San Diego, Cali- Plains, N.Y., Mr. Campbell attended Brown Golden Bell Jubilee Singers of Fort Pierce, fornia. University and the University of Virginia Florida. He became a professional singer and One sister: Anna Wilson, Lake City, Flor- Law School. He practiced on Wall Street and was blessed and privileged to tour through ida. served as assistant general counsel of the most Southern, Midwestern and Western Two brothers: Reverend Nathaniel Sump- Melville Shoe Corporation prior to his aca- States, singing in concert with renowned re- ter, Quincy, Florida and Aaron Sumpter, demic career. Former students yesterday recalled Mr. cording artists. He was noted as the star Lake City, Florida. Campbell’s gift for breathing life into arcane leader of the singing group. He and his sing- Fifteen grandsons, a special grandson, Paul and technical legal issues. Behind a stern ing group was blessed and honored to sing for Cooley, Sr., Vallejo, California, nine grand- and stoic visage, they said, lay an elegant branches of the United States Armed Serv- daughters, eleven great-grandchildren, a spe- sense of humor and infectious love for the ices. cial great grandson, Paul Cooley, Jr., In 1954 he changed his place of resident law. Vallejo, California; a host of other relatives, ‘‘Virtually everyone who ever took a class from Florida to Vallejo, California. He unit- Solomon Temple Church family and many, from him became an admirer,’’ said Suffolk ed with the St. John Baptist Church of many friends. District Attorney Ralph C. Martin 2d, who Vallejo, California, and joined the choir, SERVANT OF GOD, WELL DONE! first encountered Mr. Campbell as a first- known as the Voices of St. John. On April 9, 1964, he confessed his calling to Thy glorious warfare’s past; year law student. ‘‘He had a facility with the law and a way of presenting the law that the ministry under the leadership of Dr. Cal- The battle’s fought, the race is won, demystified it. He was just a prince of a vin Miller. He was licensed May 14, 1964, and And thou art crowned at last. guy.’’ ordained September 12, 1965, by Dr. Calvin Dr. Sumpter’s affiliations, recognition His property law course, one of the tradi- Miller. He served as the assistant pastor of awards, certificates and community services tional first-year requirements, helped intro- Good Samaritan Baptist Church of Vallejo, are many and are not listed by request of the duce generations of Northeastern students to California, where Dr. Calvin Miller was pas- family. the rigors of law school. tor. Dr. Sumpter retained his membership at f ‘‘He was an absolutely brilliant professor,’’ Good Samaritan Baptist Church, where Rev- said former dean Dan Givelber. ‘‘Students erend M.D. Slade is pastor at this time. TRIBUTE TO THOMAS P. CAMP- uniformly adored his teaching. He will be re- Dr. Sumpter continued his education at BELL, JR.—FATHER, GRAND- membered as a beacon of sanity in a confus- Solano College for three semesters. He re- FATHER, SCHOLAR ing first year of law school.’’ ceived an honorary Doctorate of Achieve- Mr. Campbell also played an instrumental ment Degree from the United Theological role in the affairs of the law school outside Seminary of Monroe, Louisiana, by Dr. S. HON. PETER T. KING of the classroom. He set up the first co-op Henry White, Registrar. He attended the OF NEW YORK program there in 1970, and spent a year as Progressive Baptist Seminary in Vallejo, IN THE HOUSE OF REPRESENTATIVES acting dean in 1992. California. He also attended the National He also enjoyed a lifelong involvement Congress, U.S.A., Inc. and taught classes on Tuesday, January 7, 1997 with the Boy Scouts of America, receiving ‘‘Jesus and His Teaching in Light of the New the Silver Antelope Award, the highest re- Testament’’. Mr. KING. Mr. Speaker, I rise today, the his- gional award in scouting. In February, 1967, Solomon Temple was in toric opening session of the 105th Congress, Colleagues say they saw a new and pro- need of a pastor; one that would spiritually to pay tribute to Prof. Thomas P. Campbell, found side of Mr. Campbell in recent years as motivate the congregation. The Church Jr., of Waban, MA, an outstanding American he struggled with illness. He insisted on prayerfully searched for that special God- and friend of my office who passed away in maintaining his normal course load and sent man. Several ministers were given ap- November after a long illness. drove himself to maintain his lofty stand- pointments to speak to the membership. Dr. Professor Campbell's life was marked by his ards of scholarship. Sumpter was included. ‘‘He taught us much more than law,’’ said Dr. Sumpter delivered to the Church a extraordinary devotion to his family, his faith, Northwestern associate dean Diane Tsoulas, message from God. He closed his message his community, his profession, and his coun- another former student. ‘‘The phrase I think with a song: ‘‘It’s Another Day’s Journey, try. He led a life of involvement and accom- of for him is ‘lion-hearted.’ He was incredibly and I’m Glad About It’’. plishment and was truly the embodiment of courageous in the face of illness and taught On February 26, 1967, Dr. Sumpter was in- the American Dream. us a great deal about courage and dignity.’’ stalled as the pastor of Solomon Temple Mis- My thoughts and prayers are with Professor Mr. Campbell leaves his wife of 36 years, sionary Baptist Church by Reverend J.L. Anne (Shanklin); three sons, Thomas P. 3d of Campbell's family. On behalf of every Member Roslindale, Edward S. of London and James Johnson, pastor of Elizabeth Baptist Church, of this House, I want to extend good wishes Richmond, California. D. of Old Town, Maine; a daughter, Margaret Under the dynamic Christian leadership of to his wife Anne, sons Tom, Ned, and Jim, A. Campbell of Jamaica Plain; two sisters, C. Dr. Sumpter, many stimulating auxiliaries daughter Molly, his daughters-in-law and, of Gale Brannan of Sussex, England, and Anne and classes have been organized for the pur- course, his four grandchildren. Like Professor C. Lyman of Pund Ridge, N.Y.; and four pose of nurturing Christian growth. Campbell, they demonstrated great courage grandchildren. He was employed by the Hoffman Company and dignity during many difficult times in re- A funeral Mass will be said at St. John the in Concord, California, as a master carpenter Evangelist Church in Wellesley Hills tomor- cent months. row at 10 a.m. Burial will be in Newton Cem- for twenty-five years until retiring in 1984. Mr. Speaker, at this time, as part of my trib- Dr. Sumpter shared liberally his time, his etery. God-given talents and his strong Christian ute to Thomas P. Campbell, Jr., I want to offer f influence and material possessions so that into the CONGRESSIONAL RECORD an article each of us may know through his visual ex- from the November 13, 1996 edition of the MEDICARE DIABETES EDUCATION ample how to become true Stewards of Boston Globe that discusses his many AND SUPPLIES AMENDMENTS OF Christ. achievements and his lasting legacy. 1997 He was currently serving as an Instructor [From the Boston Globe, Nov. 13, 1996] for the St. Vincent de Paul Employee Train- ing Program. THOMAS CAMPBELL JR., PROFESSOR OF LAW AT HON. ELIZABETH FURSE November 24, 1996, Dr. Sumpter preached NORTHEASTERN; AT 58 OF OREGON his last sermon at Solomon Temple Mission- Thomas P. Campbell Jr., a Northeastern IN THE HOUSE OF REPRESENTATIVES ary Baptist Church from scriptures: Psalms University law professor renowned for his Tuesday, January 7, 1997 72:16 and Psalms 73:1–2. The subject: ‘‘Christ, legal scholarship and compassion for stu- Our Sufficiency’’. dents, died of cancer Monday at his home in Ms. FURSE. Mr. Speaker, I rise with my On December 27, 1997, Dr. Sumpter an- Newton. He was 58. friend Mr. NETHERCUTT of Washington to intro- swered the welcome voice of his Savior, and Mr. Campbell was a professor at North- duce bipartisan legislation to improve Medi- was translated into the presence of Jesus. He eastern since 1970. He was honored by the care coverage of outpatient self-management January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E41 training and blood testing strips. By helping dream, and our Tax Code should reflect this the United States Postal Service. The legisla- improve Medicare coverage for Americans fact. An investment in a home is an invest- tion was the subject of four extensive hearings with diabetes, we can save untold human suf- ment in your community and in your future. In- during the 104th Congress and I plan to con- fering and millions of health care dollars. deed, for many Americans, the equity built up tinue the hearing process into this new year. This legislation is identical to two bills we after many years in a home represents a sig- This legislation, as introduced, is substantially coauthored in the 104th Congress, H.R. 1073 nificant part of their retirement nest egg. identical to the former H.R. 3717 as consid- and H.R. 1074, which were cosponsored by Owning a new home is the dream of young ered during the previous Congress. Any dif- 250 Members of the House. Unfortunately, couples starting a new life together, of newly ferences between this measure and its prede- neither bill was passed before Congress ad- arrived immigrants eager to realize the Amer- cessor reflect the legislative reform enacted journed for the year. Today, we are introduc- ican dream, and of all people working to build into law at the close of last year's legislative ing this landmark diabetes legislation with over a better life for themselves and their children. session. I again emphasize that the reintro- 65 original cosponsors and the support of vir- Homeownership is special, Mr. Speaker, duction of this measure represents my com- tually every major diabetes organization in and it should occupy a special place in the mitment to facilitating the reform process with America. In fact, statements of support from realm of public policy. The Homeowners Relief all areas of the legislation subject to review. seven diabetes organizations will follow this Act does just thatÐany gains from the sale of Consequently, I encourage those with inter- statement. It was the efforts of these organiza- a principle residence would be exempt from ests in the legislation to continue to engage tions which helped build the broad, grassroots capital gains taxation. Specifically, the bill ex- the Subcommittee in a constructive manner as support for H.R. 1073 and H.R. 1074 to 250 cludes from taxation the gains from the sale of the legislative process continues. MembersÐa clear, bipartisan majority of the a principle residence if, during the 7-year pe- During the 104th Congress the Subcommit- House. riod prior to the sale of the residence, the tee on the Postal Service, which I chair, con- Mr. Speaker, my colleagues, we can no property was owned by the taxpayer and used ducted indepth and lengthy hearings on the longer wait to enact this important legislation. as the taxpayer's principle residence for 5 or U.S. Postal Service and the issue of postal re- We must pass this bill as soon as possible to more years. form. During the oversight phase of our hear- ings we heard from more than 60 witnesses help improve the quality of life for the 16 mil- Current law provides some relief for home- representing all facets of the postal commu- lion Americans who have diabetes. I was owners, but it doesn't go far enough. Tax- nity. Further, I had the opportunity to meet proud when, last July, every major diabetes payers may roll the gains from the sale of a with a variety of individual postal customers, organization in the United States came to- home into a new home of equal or greater postal employees, and business leaders re- gether in Washington for the Diabetes Call to value, and older Americans can claim a one- garding these matters. I attempted to listen Action! and stood on the steps of the Capitol time $125,000 exclusion when they sell their and absorb the comments and interests put imploring Congress to pass this legislation. principle residence. These exemptions shield forth on and off the record during those meet- Another reason for passing this bill as soon some homeowners from capital gains liability, ings and address them with the introduction of as possible is that it saves money. The latest but certain circumstances force many to shoul- H.R. 3717 on June 25, 1996. scoring by the Congressional Budget Office der a significant capital gains tax bite when Continuing with the Subcommittee's desire demonstrates that this bill will actually save they sell their home. Increased home values to receive the full range of public comments $223 million over 6 years. Improving coverage put many taxpayers, particularly older Ameri- we held four hearings last year specifically on of outpatient self-management training and cans looking to retire, in the difficult situation H.R. 3717 and the issue of postal reform. Wit- blood-testing strips will help reduce costly hos- of having to pay substantial capital gains nesses at these sessions ran the gamut from pitalizations and complications that result from taxes. In addition, at a time when corporate the Postmaster General; Chairman of the diabetes. In fact, one statistic last year cited downsizing is all too common, often the most Postal Rate Commission; representatives of that Congress will lose $500,000 every day it substantial asset held by laid-off workers is the direct mail and newspaper industries; pri- waits to enact this bill. their home. vate sector business partners; employee For families that live with diabetes, the time The problem is that current law may lock in- unions and associations, and for the first time, for waiting is past; the time for enacting this dividuals into homes that they might wish to the Chief Executive Officers of the two largest law is now. My beautiful daughter, Amanda sell. Those individuals who can afford to pur- private sector competitors of the USPS, Fed- has diabetes. My colleague from Washington, chase a more expensive home can postpone eral Express, and United Parcel Service. Mr. NETHERCUTT, has a daughter with diabe- capital gains liability, while those who need to One thing became clear as we conducted tes. We know first hand about this deadly dis- move to more modest accommodations, be- our oversight functions and met with interested ease and what it means to live with diabetes. cause their economic circumstances warrant parties: that 26 years after the establishment I know that if we can help people with diabe- doing so, must pay a tax. of the United States Postal Service, postal tes better manage their disease, we will save Mr. Speaker, by passing this legislation, customers across the spectrum want to main- untold human suffering and the precious Congress will give homeowners needed relief tain a viable universal mail delivery system. To health care dollars that are used to treat it. from this inequity, and will put recognition in achieve this goal, Congress must revisit the I ask all my colleagues to cosponsor this bill the Tax Code of the special status of the legislative infrastructure of the Postal Service and urge leadership on both sides of the aisle home. I urge my colleagues to join me in sup- to assist it in meeting the changing market to agree to schedule this bill for swift action on porting the Homeowners Relief Act of 1997. conditions and advances in communications the House floor. f technology. f Maintenance of a universal postal system THE INTRODUCTION OF THE must be the cornerstone of any postal reform INTRODUCTION OF THE POSTAL REFORM ACT OF 1997 measure. I strongly believe universal service HOMEOWNERS RELIEF ACT OF 1997 at reasonable rates remains the primary mis- HON. JOHN M. McHUGH sion of the U.S. Postal Service. However, HON. SUE W. KELLY OF NEW YORK shifting mail volumes and stagnant postal rev- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES enue growth require Congress to reexamine IN THE HOUSE OF REPRESENTATIVES Tuesday, January 7, 1997 the statutory structure under which our current Tuesday, January 7, 1997 postal system now operates if we are to main- Mr. MCHUGH. Mr. Speaker, today I am re- tain this important public service mission. Mrs. KELLY. Mr. Speaker, because the introducing legislation to reform the U.S. Post- During the conduct of our oversight hear- American people are looking to us for tax re- al Service. The Postal Reform Act of 1997 is ings, the Subcommittee heard many witnesses lief, I rise on the first day of the 105th Con- substantially identical to H.R. 3717 which I in- describe means of communications that were gress to reintroduce the Homeowners Relief troduced in the 104th Congress and continues not imaginable in 1970. At that time, who Act of 1997. This initiative, which provides to represent the first comprehensive reform ef- could have foreseen the explosion of personal homeowners with relief from capital gains tax- fort involving the U.S. Postal Service since its computers, the Internet and facsimile ma- ation when they sell their home, is identical to formation in 1970. chines in our everyday lives? There has been legislation that I introduced during their 104th When I introduced this measure in the pre- a steady erosion of what used to be personal Congress. vious Congress, I intended to make clear that correspondence, protected by the postal mo- This legislation recognizes that a person's this legislation represented the first step in a nopoly, moving through the U.S. Mail that now home is something more than a simple invest- lengthy legislative process aimed at ensuring moves electronically or via carriage by a num- ment; it's a fundamental part of the American the future existence and financial viability of ber of private urgent mail carriers. E42 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 According to Reports of the General Ac- contribution to the overhead of the U.S. Postal Mr. Speaker, this bill is, indeed, far-reaching counting Office, the U.S. Postal Service con- Service. In addition, it would allow the Postal in its scope. Some have said there is no con- trolled virtually all of the Express Mail market Service freedom to experiment with new offer- sensus for reform while others have requested in the early 1970's; by 1995 its share had ings for a period of three years before requir- reform, due to the fact that the USPS has had dropped to approximately 13 percent. Simi- ing the Postal Rate Commission to perma- two years of financial success and high deliv- larly, the Postal Service is moving consider- nently place it in either the competitive or non- ery satisfaction numbers. My response is that ably fewer parcels today than 25 years ago. In competitive mail categories. this is precisely the time to consider this issue. 1971 the Postal Service handled 536 million This legislation grants significant freedom Reforms of this scope and magnitude are parcel pieces and enjoyed a 65 percent share and flexibility to the Postal Service. Con- best enacted outside an atmosphere of crisis. of the ground surface delivery market. Com- sequently, other changes are needed to reflect Our failure to consider these reforms in a pare this to 1990 when the Postal Service par- this status. I propose to attempt to level the timely manner will leave the Postal Service ill- cel volume had dropped to 122 million pieces playing field by changing the relationship be- equipped to operate in a 21st Century environ- with a resulting market share of about 6 per- tween the U.S. Postal Service and the U.S. ment. Without such action, Congress and the cent. Treasury. Several postal competitors view fi- Postal Service will ultimately face conditions Even the Postal Service's ``bread and but- nancial access to the Treasury as an unfair where thoughtful reforms and a deliberative ter'' mail, first-class financial transactions and advantage of the Postal Service, while the process will be unachievable. personal correspondence mail, is beginning to Postal Service views it as a restriction on its Mr. Speaker, my bill offers the Postal Serv- show the effect of electronic alternatives. Fi- financial flexibility. Similarly, I propose to apply ice, its customers and employeesÐand the nancial institutions are promoting computer the anti-trust laws of our nation to the Postal American peopleÐthe opportunity to equip software to consumers as a method of con- Service products offered in either the competi- one of our Nation's most valued institutions ducting their billpaying and general banking, tive mail or the experimental market test cat- with the requisite tools to remain a viable and while Internet service providers and online egories. I am also proposing that the Postal fiscally sound entity well into the next century. subscription services are offering consumers Service conduct a demonstration project that f the ability to send electronic messages to any- will provide us with the data needed to deter- one around the world or just around the cor- mine the continued necessity of providing the INTRODUCTION OF THE WORKING ner. Similarly, many of us have become ac- Postal Service with sole access to individual FAMILIES FLEXIBILITY ACT customed to the immediacy of the facsimile private mailboxes. machine. These new communication tech- Mr. Speaker, last Congress when I intro- HON. CASS BALLENGER nologies all carry correspondence that for- duced my bill I included a provision intended OF NORTH CAROLINA merly flowed through the Postal Service. to settle once and for all the nagging problem IN THE HOUSE OF REPRESENTATIVES These former sources of revenues supported of an agency's chief law enforcement officer Tuesday, January 7, 1997 a postal infrastructure dedicated to the mission and member of postal management serving as of universal service. its Inspector General by establishing an inde- Mr. BALLENGER. Mr. Speaker, I am joined This shift in postal revenues will have a pendent Inspector General for the Postal Serv- today by many of my colleagues in the intro- negative long-term effect on the financial well ice. A provision of Public Law 104±208, adopt- duction of the Working Families Flexibility Act being of the Postal Service. Should the Serv- ed in the closing days of the 104th Congress, which would allow private sector employers to ice continue to labor under the parameters es- addressed that issue by mandating the estab- provide their employees with the choice of tak- tablished by the 1970 Act, its inability to com- lishment of an independent office of the In- ing time-and-a-half compensatory time as pay- pete, develop new products and respond to spector General. The Subcommittee is mon- ment for overtime in lieu of cash wages. This changing market conditions jeopardizes its fu- itoring the progress of this office and has high legislation is family friendly and answers the ture ability to provide universal service to the expectations for this new Inspector General. call of many workers for increased flexibility diverse geographic areas of our Nation. We Also, the bill directs stringent reporting re- and choices in the workplace. must make adjustments to the Postal Reorga- quirements to the Congress and to the U.S. The Fair Labor Standards Act, which gov- nization Act of 1970 which will allow the Postal Postal Rate Commission by providing the erns wages and hours of work, was written Service more flexibility in those areas in which Commission with the ability to issue subpoe- nearly 60 years ago for a predominantly male it faces competition while assuring all postal nas, manage proprietary documentation and work force and a workplace primarily com- customers of a continued universal mail serv- procure necessary information. This legislation prised of manufacturing firms. Yet, the demo- ice with the protection of reasonable rates that places significant responsibilities on the Com- graphics today are dramatically different. Sixty can be easily calculated and predicted. My mission and, reflective of that, directs that the percent of women are employed outside of the legislation attempts to meet this goal by re- Commission will have for the first time its own home and two-earner families have become placing the zero-sum game that has driven Inspector General. increasingly common. postal ratemaking for the last 25 years with a My proposal, Mr. Speaker, also increases The Fair Labor Standards Act, however, system that reflects today's changing commu- the penalties for repeated mailings of unsolic- fails to recognize these changes and, as such, nication markets. ited sexually oriented advertising as well as restricts the ability of employers to meet the Mr. Speaker, I propose to allow the U.S. the mailing of hazardous materials and con- needs of their work force. Many employees Postal Service the opportunity to make a profit trolled substances. It protects workers on the are finding it increasingly difficult to find and remove the break-even financial mandate job by making it a felony to stalk, assault or enough time for important family obligations or of existing law that promotes the wide, yearly, rob a postal employee. Just this past month outside interests, making receiving compen- swings of postal profit and deficit and weeks we saw a letter carrier killed while on duty in satory time instead of cash overtime an attrac- of negotiations on arcane economic assump- our nation's capital and we cannot allow those tive option. Seventy-five percent of respond- tions for ratemaking purposes. that would harm or rob postal carriers to go ents in a national public opinion survey fa- I propose to divide the product offerings of without significant punishment. My proposal vored giving employees the option of receiving the Postal Service into two primary categories. addresses this serious situation by increasing time off instead of cash wages for overtime The first, the ``non-competitive mail'' category, the penalties for such acts of violence. hours worked. represents all single piece letters, cards and I stress that significant areas of current law Many employers who want to be family parcels as well as those classes of users with- remain intact. This legislation does not affect friendly find that flexible scheduling can be ex- out significant alternatives. The class will uti- the existing collective-bargaining process. tremely difficult for employees who are paid by lize a postage rate ``cap'' process by which the However, the Subcommittee recognizes that the hour and covered by the overtime provi- associated customers can easily determine serious problems exist between postal man- sions in the law. Suppose an employee has a postal rates. The second category will be the agement and labor. To address this dire situa- terminally ill parent who lives several States ``competitive mail'' category and will include tion, I propose to form a Presidentially ap- away. Days off with pay can become precious those mail classes, products and services the pointed Commission made up of non-postal for that employee when a 2-day weekend Postal Service provides through the competi- union and corporate representatives as well as does not provide enough time to travel and tive marketplace. Within the category the Post- those well known in the field of labor-manage- spend time with that parent. When that em- al Service may set its rates according to mar- ment relations. The Commission would be ployee works a few hours of overtime each ket forces subject to an annual audit provided charged with addressing these issues in detail week, he or she may prefer to be paid with to the Postal Rate Commission to assure that and provide guidance to the Congress and the time off rather than with cash wages. If the in- rates are reflective of costs while providing a Postal Service on any needed changes. dividual is employed in the public sector, then January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E43 he or she would have the choice of receiving but from all over the country of those con- While Asquith Reid has served as an electrical paid time off in lieu of cash wages for over- cerned with changing the name of this beloved engineer employed with the telephone indus- time hours worked. However, under current landmark. try, most of his time is spent as a political en- Federal law, if the individual is employed in For more than 100 years the name ``Devils gineer. He has guided campaigns for district the private sector then he or she cannot Tower'' has applied to the geologic formation 18 school board candidates; for Assemblyman choose paid time off, even if that form of com- in my State and has since appeared as such Nick Perry; Councilwoman Una Clark; and pensation is preferred. on maps in Wyoming and nationwide. The Congressman MAJOR R. OWENS. The Working Families Flexibility Act would name was given to the monument by a sci- Mr. Reid's most recent victory was the tri- allow employers to make compensatory time entific team, directed by Gen. George Custer umphant election of John Sampson for New available as an option for employees. Employ- and escorted by Col. Richard Dodge in 1875, York State Senator. Undoubtedly, Mr. Reid's ees would have the choice, through an agree- and is universally recognized as an important political engineering has yet to reach its peak. ment with the employer, to take overtime pay landmark that distinguishes the northeastern Throughout the years, Asquith Reid has in the form of paid time off. As with overtime part of Wyoming. The monument has brought worked diligently in top positions to the benefit pay, the compensatory time would accrue at a a vital tourist industry to that portion of the of his community. He currently serves as rate of time-and-a-half. State due to its unique character and struc- chairman of the New Era Democratic Club; Opponents of the Working Families Flexibil- ture. vice chair of District 17 Neighborhood Advi- ity Act have raised concerns about employees According to a July 17, 1996, release by the sory Board; board member for the Husain In- being coerced by employers into choosing U.S. Board on Geographic Names, the Na- stitute of Technology; and president of the compensatory time over cash wages. Thus, tional Park Service has advised the board that Donna Reid Memorial Education Fund. the legislation includes numerous protections several native American groups do intend to Mr. Reid was born in Hanover, Jamaica. He to ensure that employees cannot be pressured submit a proposal, if one has not already been graduated from Kingston Technical High into one choice or the other. submitted, to change the name of the monu- School and served in the U.S. Air Force from Employees could accrue up to 240 hours of ment. On September 4±6, 1996, the super- 1963 to 1967. He later graduated from Kings- compensatory time within a 12-month period. intendent of Devils Tower, Deborah Liggett, ton Technical College with a degree in elec- The legislation would require the employer to gave a presentation at the Western States Ge- trical engineering. Asquith and his wife, Dean, annually cash-out any unused, compensatory ographic Names Conference in Salt Lake City, are the proud parents of two children, Michelle time accrued by the employee. UT, giving the native American perspective. and Sharon. Employees could choose when to take ac- During a July 1, 1996, meeting with Ms. crued compensatory time, so long as its use Liggett she gave me her assurance that she Asquith Reid is a Beacon-of-Hope for does not unduly disrupt the operations of the had no intention of proposing a name change central Brooklyn and for all Americans. business (the same standard used in the pub- for the monument, and made it clear to me lic sector and under the Family and Medical that no one else was in the process of initiat- f Leave Act.) Employers would be prohibited ing a name change. The legislation that I am INTRODUCTION OF THE BREAST from requiring employees to take accrued time introducing today on behalf of the State of Wy- CANCER PATIENT PROTECTION solely at the convenience of the employer. oming will ensure that the name of the geo- ACT OF 1997 At any time, an employee could withdraw logical formation, historically known as Devils from a compensatory time agreement with Tower, remain unchanged. their employer or request a cash-out of any or It is my belief and the belief of hundreds of HON. ROSA L. DeLAURO all accrued, unused compensatory time. The people from around the region that a name OF CONNECTICUT employer would have 30 days in which to change will only bring economic hardship to IN THE HOUSE OF REPRESENTATIVES comply with the request. The legislation would the tourist industry in the area. I cannot and also require an employer to provide the em- will not stand idly by and allow that to happen. Tuesday, January 7, 1997 ployee with at least 30 days notice prior to I commend this bill to my colleagues and urge Ms. DELAURO. Mr. Speaker, I rise today to cashing out any accrued time in excess of 80 them to join me in cosponsoring it. introduce the bipartisan Breast Cancer Patient hours or prior to discontinuing a policy of offer- f Protection Act of 1997. I want to thank my col- ing compensatory time. leagues Representatives DINGELL, ROUKEMA, This legislation does not eliminate or A BEACON-OF-HOPE FOR ALL ACKERMAN, THOMAS, BARRETT, BENTSEN, change the traditional 40-hour work week. It AMERICANS: ASQUITH REID CORRINE BROWN, SHERROD BROWN, CLAYTON, simply provides employees with another option CLEMENT, CONYERS, DEFAZIO, ESHOO, EVANS, in the workplaceÐtime off instead of overtime HON. MAJOR R. OWENS FALEOMAVAEGA, FARR, FOGLIETTA, JON FOX, pay. This concept may be revolutionary to OF NEW YORK FRANK, FROST, GEJDENSON, GONZALEZ, GOR- some, but to America's workers, who are in- IN THE HOUSE OF REPRESENTATIVES DON, GREEN, HINCHEY, PATRICK KENNEDY, KEN- creasingly frustrated about coping with the de- Tuesday, January 7, 1997 NELLY, KILDEE, LAFALCE, LOWEY, MCDERMOTT, mands of work and family responsibilities, it is CAROLYN MALONEY, CARRIE MEEK, PATSY a long overdue change. Mr. OWENS. Mr. Speaker, with the 1996 MINK, JAMES MORAN, MORELLA, MURTHA, I urge my colleagues to respond to the election behind us, this Nation has completed NADLER, NORTON, OBERSTAR, OLVER, OWENS, needs of America's workers by supporting the another cycle for the ongoing democratic proc- PALLONE, PAYNE, PELOSI, QUINN, RAHALL, RIV- Working Families Flexibility Act. ess which makes America great. The electoral ERS, SANDERS, SLAUGHTER, TOWNS, and f process and the public officials selected through this process are invaluable assets in VELAZQUEZ for joining me as original cospon- KEEP THE NAME AS DEVILS our quest to promote the general welfare and sors. TOWER to guarantee the right to life, liberty, and the As an active participant in the fight for pursuit of happiness. It is important, however, health care reform, I continue to believe that HON. BARBARA CUBIN Mr. Speaker, that we also give due recognition we must reform the health care system to pro- vide quality care for all Americans. Particularly OF WYOMING to the equally valuable contribution of non- important is ensuring that women receive eq- IN THE HOUSE OF REPRESENTATIVES elected leaders throughout our Nation. The fabric of our society is generally enhanced and uitable treatment in our nation's health care Tuesday, January 7, 1997 enriched by the hard work done year after system. Mrs. CUBIN. Mr. Speaker, today I am intro- year by ordinary volunteer citizens. Especially This year, approximately 184,300 grand- ducing legislation to ensure that the name of in our inner city communities which suffer from mothers, mothers, and daughters will be diag- Devils Tower National Monument remain un- long public policy neglect, local grassroots nosed with invasive breast cancer. Another changed. I introduced this bill during the 104th leaders provide invaluable service. These are 44,300 women will die from this disease. With Congress and since that time I have received men and women who engage in activities one in every eight women developing breast numerous positive comments and support which generate hope. I salute all such heroes cancer, virtually every family in America is vul- from constituents from around the Devils and heroines as Beacons-of-Hope. nerable to this disease. That's why today I am Tower area. In fact, my office has received a Asquith Reid is one of these Beacons-of- filing a bill that sets a minimum length hospital petition with an estimated 2,000 names from Hope residing in the central Brooklyn commu- stay for patients undergoing breast cancer not only those in and around the monument nity of New York City and New York State. treatment. This bill would require a minimum E44 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 hospital stay of 48 hours for mastectomies best treatment and coverage available. And, which is intended to bring fiscal sanity back to and 24 hours for lymph node removals. we can ensure that crucial health care deci- our nation's campaign financing system. In Standard surgical treatment for breast can- sions are left in the hands of doctors, and not 1994, congressional candidates spent close to cer includes mastectomy, lymph node dissec- accountants. $725 million to be elected to the U.S. Con- tion, and lumpectomy. Over the least ten This legislation enjoys strong support from gress. This is nearly $610 million more than years, the length of hospitalization for patients the National Breast Cancer Coalition, the Na- candidates spent in 1976 and 60 percent more undergoing mastectomies has dwindled signifi- tional Association of Breast Care Organiza- than the 1990 congressional election. Cor- cantly from 4±6 to 2±3 days. In the past, pa- tions, the Y-Me National Breast Cancer Orga- poration and union Political Action Committee tients undergoing lymph node dissections gen- nization, the Families USA Foundation, the (PAC) contributions made up 27 percent of erally were hospitalized for 2±3 days. Hos- Women's Legal Defense Fund, and the Amer- this total in 1994. pitalization is essential for pain control and for ican Society of Plastic and Reconstructive While the final tally for campaign spending the management of fluid drainage from the op- Surgeons, as well as from women across the in the most recent election cycle is not yet erative site. The less tangible, but still impor- country from Wisconsin to California to New known, Common Cause, a campaign finance tant benefit of hospitalization is to provide a Hampshire. I strongly urge all of my col- reform advocacy group, has estimated that the supportive surrounding for the patient to ad- leagues to endorse this widely-supported bi- cost of the 1996 presidential and congres- dress the psychological and emotional reac- partisan effort to help ensure that American sional elections may reach nearly $2 billion. tions to having breast cancer, such as depres- women who have breast cancer receive the PAC contributions from corporations have sion, anxiety, and hostility. comprehensive and equitable health care cov- been estimated at over $150 million, while Now, under incessant pressure from man- erage they deserve. union PACs have been reported between $150 to $500 million. We cannot allow special aged care organizations to reduce costs, sur- f geons have had to perform lymph node dis- interest to buy influence in Congress. sections and even mastectomies as outpatient PROTECT OUR FLAG Mr. Speaker, the ``Clean Sweep Act'' re- surgery. Some health maintenance organiza- quires that at least half of a candidate's con- tributors come from within the district; prohibits tions [HMO's] send their patients home a few HON. JO ANN EMERSON the acceptance of Political Action Committee hours after their surgery groggy from anesthe- OF MISSOURI (PAC) money; limits a candidate's personal sia, in pain, and with drainage tubes still in IN THE HOUSE OF REPRESENTATIVES contributions to his or her own campaign to place. Others even deny women hospitaliza- Tuesday, January 7, 1997 $50,000 per election cycle; prohibits the use of tions on the day of their lymph node dissection Mrs. EMERSON. Mr. Speaker, I rise today soft money; provides free broadcasting for or mastectomy, making the surgeon choose to introduce a constitutional amendment for candidates who comply with a voluntary between giving the patient the individual care the protection of our Nation's flag. The flag is spending limit of $600,000; assesses mone- she needs or being penalized by the HMO for a revered symbol of America's great tradition tary penalties for candidates who exceed not following its guidelines. Doctors, con- of liberty and democratic government, and it spending limits; prohibits all individual foreign cerned for their patients' well-being, even find ought to be protected from acts of desecration contributions; prohibits cash contributions in themselves locked in battle with HMO's. One that diminish us all. federal elections; prohibits unsolicited franking doctor in my district had to spend over 7 As you know, there have been several at- within 90 days of a primary or general elec- hoursÐnot in surgery treating women for tempts to outlaw by statute the desecration of tion; and requires Congress to evaluate the ef- breast cancerÐbut rather making phone calls the flag. Both Congress and State legislatures fects of campaign finance reform within 3 pleading with HMO staff members to get a have passed such measures in recent years, months of the first full election cycle after en- mastectomy patient admitted to the hospital only to be overruled later by decisions of the actment of this bill. for 24 hours. Supreme Court. It is clear that nothing short of The greatest deliberating body in the world The guidelines that many managed care an amendment to the Constitution will ensure belongs to the American people, not corporate companies are using today are written by a that Old Glory has the complete and unquali- or union bosses in Washington, D.C. It is our single actuarial consulting firm. And, while a fied protection of the law. civic duty as elected officials, who are respon- few physicians are employed by this company, The most common objection to this kind of sible to the American people, to send a clear none are actively performing breast cancer amendment is that it unduly infringes on the message to special interest groups that we will surgery. These guidelines are designed to fit freedom of speech. However, this objection not be bought. We must restore integrity and the ideal breast cancer surgery patient that is disregards the fact that our freedoms are not honesty to a system that has contributed to in- placed in the most optimal situation. However, creased cynicism of government and historic practiced beyond the bounds of common both the American College of Surgeons and low voter turnout. sense and reason. As is often the case, there the American Medical Association believe that Mr. Speaker, I am proud to stand before are reasonable exceptions to the freedom of most patients can not satisfy these guidelines you today to say that in my 22 years of serv- speech, such as libel, obscenity, trademarks, and will require a longer length of stay. Today, ice in the United States House of Representa- and the like. Desecration of the flag is this HMO's base their coverage on the rec- tives, I have not taken a single penny of PAC kind of act, something that goes well beyond ommendations of health care actuaries, not on money. The people of the 19th District of the legitimate exercising of a right. It is a whol- those of surgeons who care for patients day in Pennsylvania have awarded me the oppor- ly disgraceful and unacceptable form of be- and day out. And the guidelines they use to tunity to represent them for over two decades havior, an affront to the proud heritage and do it are based on the bottom line, not on because I put their interests ahead of special tradition of America. interest. My standing here today is proof that medically established standards of care. Make no mistake, this constitutional amend- That is simply unacceptable. Accepted prac- big money is not a prerequisite to holding a ment should be at the very top of the agenda tice has shown that victims of breast cancer seat in Congress. of this Congress. We owe it to every citizen of need to remain in the hospital at least 48 Mr. Speaker, reform of our campaign fi- this country, and particularly to those brave hours after a mastectomy and 24 hours after nance system is sorely needed. I urge my col- men and women who have stood in harm's a lymph node dissection. This legislation leagues to cosponsor this legislation which will way so that the flag and what it stands for would ensure that women with breast cancer reduce the cost of campaign financing and re- might endure. I urge this body to take a strong receive the medical attention they need and store faith in the federal election process. stand for what is right and ensure the protec- deserve. My bill ensures that health plans f tion of our flag. which provide medical and surgical benefits f STATEMENT OF CONGRESSMAN for the treatment of breast cancer provide a CHARLES B. RANGEL, RONALD minimum length of hospital stay of 48 hours INTRODUCTION OF CLEAN SWEEP BROWN BUILDING, DESIGNATION for patients undergoing mastectomies and 24 ACT OF 1997 BILL hours for those undergoing lymph node re- movals. Under this bill, physicians and pa- HON. WILLIAM F. GOODLING HON. CHARLES B. RANGEL tients, not insurance companies, can deter- OF PENNSYLVANIA OF NEW YORK mine if a shorter period of hospital stay is ap- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES propriate. Beginning on the first day of the 105th Con- Tuesday, January 7, 1997 Tuesday, January 7, 1997 gress, with this bipartisan bill, we can ensure Mr. GOODLING. Mr. Speaker, today I am Mr. RANGEL. Mr. Speaker, I am pleased to that women with breast cancer receive the introducing the ``Clean Sweep Act of 1997'' introduce legislation designating the Federal January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E45 building located at 290 Broadway in New tries and pay no tax. Clearly the opportunity class Americans. This legislation provides a York, NY, as the Ronald H. Brown Federal for abuse is enormous. lifetime capital gains bank of $200,000. Any Building. The American people are the most gener- taxpayer throughout the person's lifetime Ronald H. Brown, the first African-American ous people in the world. My bill will ensure would have a capital gains bank of $200,000. Secretary of Commerce, was an extraordinary that this generosity is not abused and profit- Under this legislation, a taxpayer could ex- statesman whose force, competence and able business activity is not diverting taxable clude up to 50 percent of the gain on the sale sheer commitment forged new ground for U.S. revenue through manipulating charitable ex- of a capital asset, up to the limit in the maxi- commerce. The ultimate sacrifice of his life in emptions. mum tax rate of 19.8 percent. exceptional service to his country is further f The benefit of lifetime capital gains tax bank testimony to his leadership and passion for would phase out as a taxpayer's income in- economic development and opportunity at 220TH ANNIVERSARY OF THE creases above $200,000. Under this legisla- home and abroad. FOUNDING OF THE U.S. CALVARY tion individuals who sold stocks saved for re- Ronald H. Brown loved this country and rep- tirement or a second home, or elderly individ- resented the best that America has to offer. he HON. BARBARA B. KENNELLY uals, who have a large gain in the sale of their was a compassionate advocate for civil rights; OF CONNECTICUT principal residence, would benefit. The pro- a bridge builder mending the divisions of race, IN THE HOUSE OF REPRESENTATIVES posal includes a 3-year holding period for the religion and cultures; a mentor developing capital asset. Short-term stock speculators Tuesday, January 7, 1997 young talent and extending the ladder of op- would not be able to qualify for the benefit. portunity to a new generation of leaders; and, Mrs. KENNELLY. Mr. Speaker, I rise to rec- In addition, the bill allows taxpayers to index indeed an extraordinary public servant and ognize the 220th anniversary of the U.S. Cal- the cost of real estate for inflation. An inflation- leader. vary, celebrated last December. induced gain is not a capital gain and should His life was one marked by an outstanding On December 16, 1776, in the town of not be subject to tax. record of accomplishment and service to Wethersfield, CT, Revolutionary troops were Lately, there has been much said about the America. He served as Army Captain; Vice organized as the 1st Calvary Regiment in the necessity and benefits of a capital gain tax President of the National Urban League; Chief Continental Army under orders of the First cut. A capital gains tax cut is a valid measure, Counsel to the Senate Judiciary Committee; a Continental Congress. Today, the town of but a capital gains tax needs to be economi- distinguished attorney; Chairman of the Demo- Wethersfield, located in the First Congres- cally feasible and to benefit the middle-class. cratic National Committee; a trusted advisor to sional District, is proud to be honored as the A capital gains tax cut needs to be respon- the President of the United States; a husband; birthplace of the U.S. Calvary. sible. I believe the Middle Income Tax Relief a father; and, a friend. Recognized by the U.S. Army's Center of Act of 1997 provides an appropriate capital The designation of this building, home to Military History, Sheldon's Horse, 2d Continen- gains tax cut. Federal agencies and site of the recently dis- tal Light Dragoons, were organized in Mr. Speaker, I insert a summary for the covered African-American slave burial ground, Wethersfield. This was the first dragoon regi- RECORD. would honor Ron Brown's service and mem- ment to be organized directly into the Con- SUMMARY OF MIDDLE INCOME TAX RELIEF ACT ory. This designation would serve as an inspi- tinental Army. Training grounds for this regi- OF 1997 ration and reminder to all Americans of Ron ment were erected by a Wethersfield resident, Individuals would have a lifetime capital Brown's contributions and the noble cause for Capt. Benjamin Tallmadge. This regiment gains ‘‘bank.’’ which he sacrificed his life. made several key contributions in the Revolu- Bank limit would be $200,000 per person. tionary War effort by participating in combat in All individuals would be entitled to the f $200,000 bank: for example each spouse of a northern New Jersey and at the defense of married couple would have a separate limit. INTRODUCTION OF THE TAX Philadelphia. Any individual who sold a qualified asset EXEMPTION ACCOUNTABILITY ACT The U.S. Calvary that had its origins in could exclude up to 50 percent of the gain on Wethersfield continued to serve our Nation the sale, up to the $200,000 limit. HON. ROBERT MENENDEZ long after the war ended, fighting epic battles Qualified assets would include all capital assets under the present law, except collect- OF NEW JERSEY at Brandy Station during the Civil War and the ibles. IN THE HOUSE OF REPRESENTATIVES Punity Expedition before World War I. Under the bill, the maximum tax rate on The founding of the U.S. Calvary is just one Tuesday, January 7, 1997 capital gains income would be 19.8 percent example of the important role that the town of (i.e. 1⁄2 of the maximum 39.6 percent rate). Mr. MENENDEZ. Mr. Speaker, today, I am Wethersfield has played in securing and pre- The full benefit would not be available in introducing the Tax Exemption Accountability serving America's independence. From the any year that a taxpayer had adjusted gross Act to stop self-dealing by the managers of tax historic Webb House, where Gen. George income in excess of $200,000. exempt organizations and put teeth into the Washington met with Comte de Rochambeau In the case of a sale or exchange of real requirement that they file accurate annual re- to discuss strategies for the Battle of York- property, taxpayers would be able to index turns with the IRS and make them available to their basis in the asset to the rate of infla- town, to the modern development of the Silas tion. Thus, no tax on inflation-induced gains. the public. It creates a national clearinghouse Deane Highway, the quaintness of Example: taxpayer buys a house for $100,000 offering copies of returns for a reasonable fee. Wethersfield is intermingled with the heroic and sells it 9 years later for $200,000. Infla- The bill also caps the compensation of officers greatness represented by the U.S. Calvary. tion was 5 percent per year over the 9-year and directors at the level of U.S. cabinet mem- The U.S. Calvary, historically headquartered period. Basis for measuring gain is $145,000 so bers. Churches would continue to be exempt in Fort Riley, KS, will be forever linked with gain is $55,000. from filing IRS returns and from caps on pas- Wethersfield and the First Congressional Dis- A three year holding period would apply so tors' salaries and hospitals could still pay high- that the deduction would not be available to trict. I applaud the efforts of the friends and any taxpayer who held the asset for less than cost professionals. residents of the town of Wethersfield who 3 years. Given the current events, we need greater have brought this significant part of American f accountability by tax exempt organizations be- history the recognition it greatly deserves. cause they control substantial public wealth f CONGRATULATIONS TO MR. and offer temptation that some have been un- ALEJANDRO AQUIRRE able to resist manipulating. The share of na- INTRODUCTION OF CAPITAL GAINS tional revenues going to tax exempts has TAX PROPOSAL HON. ILEANA ROS-LEHTINEN nearly doubled in the past 15 years, growing OF FLORIDA to 8 percent per year in constant dollars. The HON. RICHARD E. NEAL IN THE HOUSE OF REPRESENTATIVES IRS reports that revenues of tax exempts rose OF MASSACHUSETTS Tuesday, January 7, 1997 from 5.9 percent to 10.4 percent of the U.S. IN THE HOUSE OF REPRESENTATIVES gross domestic product from 1975 to 1990. Ms. ROS-LEHTINEN. Mr. Speaker, I want to Those revenues totaled $578 billion in 1990. Tuesday, January 7, 1997 extend my congratulations to Mr. Alejandro This contrasts with taxable revenues from Mr. NEAL of Massachusetts. Mr. Speaker, Aguirre, deputy editor and publisher of Diario service industries which had receipts of today I am introducing legislation, the Middle Las Americas, on his being named as chair- $1,174 billion. Tax exempts equal more than Class Income Tax Relief Act of 1997, which man of the Metro-Dade Cultural Affairs Coun- half of the revenue of all service sector indus- provides a capital gains tax cut for working cil. E46 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 In this position he will have the opportunity tion which will help us improve the quality and CAMPAIGN AND LOBBYING to expand support for this entire range of infrastructure of our National Forests. REFORMS IN FIRST 100 DAYS south Florida's cultural life. As in so many communities, the council faces the task of pro- f HON. MARCY KAPTUR viding first rate art and entertainment at prices OF OHIO TRIBUTE TO NEW YORK SPEAKER that allow the broadest rage of the community IN THE HOUSE OF REPRESENTATIVES to share in the experience. SHELDON SILVER In his new role, Mr. Aguirre will have the op- Tuesday, January 7, 1997 portunity to inject into the arts community the Ms. KAPTUR. Mr. Speaker, we must dedi- same energy and enthusiasm he has brought HON. CAROLYN B. MALONEY cate our efforts within the first 100 days of the to Diarro Las Americas and his other civic in- 105th Congress to passing comprehensive OF NEW YORK volvements. Those other involvements range campaign finance and foreign lobbying reform from the Red Cross and Florida International IN THE HOUSE OF REPRESENTATIVES legislation. University to defense of press freedoms as a The events of the last election, with the Tuesday, January 7, 1997 leader in the Inter American Press Association worsening situation of foreign influence and which represents 1,400 newspapers through- Mrs. MALONEY of New York. Mr. Speaker, the continuing flood of campaign contributions out this hemisphere. today the 105th Congress begins. While there and expenditures, compel us to act. Now is It is difficult to overstate the importance of is much talk swirling in the Capitol Hill air the time. art and culture to the enjoyment of life. As about the Speaker, I want to rise and pay trib- Just as in past Congresses, I am once Cuban poet and patriot, Jose Marti, said, ute to my Speaker, New York Speaker Shel- again introducing legislation calling for a con- ``beauty is a natural right * * * where it ap- don Silver. stitutional amendment authorizing Congress pears, light, strength and happiness arise.'' and the States to set reasonable expenditure We are all too aware of the problems that On Sunday, January 5, 1997, Speaker Sil- limits for elections to Federal and State office. mark urban life. But one of the joys of an area ver received a well-deserved award at the sil- It is simply wrong to equate campaign money like south Florida is the broad and diverse cul- ver anniversary of one of New York City's out- with free speech. The only way to limit the ex- tural life that it can support. standing community groups, the United Jewish orbitant levels of money being spent on cam- Again, congratulations to Mr. Alejandro Council of the east side. I am proud to rep- paigns is through a constitutional amendment. Aguirre on his new responsibilities and best resent the diverse and vibrant neighborhood of In addition, I'm proposing once again legis- wishes for a successful and satisfying tenure. the lower east side, and prouder still of the lation to stop foreign contributions and influ- f magnificent contributions made to the commu- ence, as was witnessed in the closing weeks nity by the UJC. The UJC currently admin- of the elections. My bill creates a clearing- INTRODUCTION OF THE FOREST isters a variety of social services to over house of political activities information within FOUNDATION CONSERVATION ACT 16,000 residents. From senior centers, to the F.E.C. housing, to nutrition programs, to immigrant Finally, we must end the revolving door be- HON. RICHARD H. BAKER assistance, the UJC's contributions to the tween Government service and lobbying for OF LOUISIANA quality of life in our city are without limit. foreign interests. My ``Foreign Agents Compul- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, space prohibits me from con- sory Ethics in Trade Act'' measure will impose Tuesday, January 7, 1997 gratulating the entire leadership of the UJC, a lifetime ban on high-level Government offi- but I want to commend Rabbi Yitzchok Singer, cials from representing, aiding or advising for- Mr. BAKER. Mr. Speaker, today, I have in- Heshy Jacob, David Weinberger, Joel Kaplan, eign governments and foreign political parties. troduced the Forest Foundation Conservation and Judy and Willie Rapfogel for all that they The act also imposes a 5-year prohibition on Act. have done for this special neighborhood. representing, aiding or advising foreign inter- The Forest Foundation Conservation Act will estsÐincluding commercial interestsÐbefore amend the National Forest Foundation Act to The lower east side simply would not be the the Government of the United States. extend and increase the matching funds au- same without Sheldon Silver. Born, raised, Mr. Speaker, we should make it our goal to thorized for the National Forest Foundation and educated in the neighborhood, Shelly adopt these reforms within the first 100 days and to permit the National Forest Foundation graduated from Yeshiva University and Brook- of the 105th Congress. to license the use of trademarks, tradenames, lyn Law School. In 1976, Shelly began his f and other such devices to identify that a per- stellar career in public service when he was son is an official sponsor or supporter of the elected to the assembly. After serving in the THE MANAGED CARE CONSUMER U.S. Forest Service or the National Forest prestigious leadership posts of chairman of the PROTECTION ACT OF 1997 System. election law and then the ways and means Our Nation has been blessed with a national committees, Shelly ascended to the Speaker- HON. FORTNEY PETE STARK treasureÐAmerica's national forest lands. A ship in 1994, where he now sits as the most OF CALIFORNIA influential Democrat in the State of New York. growing population, increasing demands on IN THE HOUSE OF REPRESENTATIVES forests and related resources, and more com- Sheldon Silver's tenure as Speaker has Tuesday, January 7, 1997 petition for uses and benefits are placing great been marked by extraordinary success. He stress on our forest lands and the U.S. Forest has made his mark on criminal justice, wel- Mr. STARK. Mr. Speaker, along with Mr. Service. fare, and education issues, and has remained JOHN LEWIS, Mr. GEJDENSON, Mr. SERRANO, Now, more than ever, America's forest lands a powerful and articulate advocate for New Mr. SANDERS, and Mr. FILNER, I am pleased to and the individuals who work so diligently to York's working and middle class families. introduce ``The Managed Care Consumer Pro- manage these forest lands need support from tection Act of 1997,'' a bill that will provide people who care. The National Forest Founda- It has been an extraordinary honor for me to critically needed consumer protections to mil- tion, a citizen-directed, nonprofit organization, serve side by side with Speaker Silver, rep- lions of Americans in managed care health was created to coordinate the needed support. resenting the lower east side community. plans. The Forest Foundation Conservation Act will Shelly is a man of principle and honor. His Health care consumers who entrust their allow the National Forest Foundation to de- ethical and moral world view is shaped by his lives to managed care plans have consistently velop innovative public-private partnerships so deep religious convictions, but he is also a found that many plans are more interested in that America's pristine forest land and its re- friend to New Yorkers of every race, religion, profits than in providing appropriate care. In sources will be conserved for future genera- and ethnic background. If I could borrow one the process of containing costs patients are tions. word from Shelly's own Yiddish vocabulary, I often harmed. My constituent mail has been I believe that it is the responsibility of each would have to summarize his many attributes full of horror stories explaining the abuses that citizen to help conserve our Nation's re- by calling him a ``mensch.'' occur at the hands of HMOs and other forms sources and provide organizations like the Na- Mr. Speaker, as Congress beings a new of managed care. tional Forest Foundation with the resources it session, I ask all of my colleagues to join me For example, David Ching of Fremont, Cali- needs to help maintain America's forest lands in paying tribute to one of our Nation's out- fornia had a positive experience in a Kaiser for generations to come. I hope that my col- standing public officials, my Speaker, the Hon- Permanente plan and then joined an employer leagues will join me in supporting this legisla- orable Sheldon Silver. sponsored HMO expecting similar service. He January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E47 soon learned that some plans would rather let now it's time for federal legislation to finish the terests than on patients' needs. It is irrespon- patients die than authorize appropriate treat- job and provide consumer protections to all sible to do anything less. ment. His wife developed colon cancer, but Americans in managed care. Following is a summary of the consumer went undiagnosed for 3 months after the first The bill I offer today is a revision of earlier protections provided for in this bill. symptoms. Her physician refused to make the bills, H.R. 1707 and H.R. 4220, the Medicare ‘‘MANAGED CARE CONSUMER PROTECTION ACT appropriate specialist referral because of fi- Consumer Protection Act of 1995 and 1996 OF 1997’’ nancial incentives and could not discuss prop- respectively. This legislation includes a com- SUMMARY er treatment because of the health plan's pol- prehensive set of protections that will force I. MANAGED CARE ENROLLEE PROTEC- icy. Mrs. Ching is now dead. managed care plans to be accountable to all TIONS—APPLIES TO MEDICARE MAN- In a similar case, Jennifer Pruitt of Oakland of their patients and to provide the standard of AGED CARE AS WELL AS PRIVATE wrote to me about her father who also had care they deserve. PLANS cancer. He went to his gatekeeper primary This legislation includes measures to protect A. Utilization Review patients from the abuses of managed care on 1. Any utilization review program that at- care physician numerous times with pain in his tempts to regulate coverage or payment for jaw. The doctor, who later admitted that she several fronts. services must first be accredited by the Sec- had never treated a cancer patient, refused to My bill will put an end to pre-authorization of retary of Health and Human Services or an refer Mr. Pruitt to a specialist. Eventually, after emergency medical care. Patients will not be independent, non-profit accreditation entity; months of pain, a dentist sent Mr. Pruitt to a denied coverage for care provided in emer- 2. Plans would be required to provide en- specialist outside of the HMO network. The gency rooms. Current denials create obstacles rollees and physicians with a written de- cancer was finally diagnosed, but it had for HMO patients and leave them with thou- scription of utilization review policies, clini- sands of dollars in medical bills. According to cal review criteria, and the process used to spread too rapidly during the months that the review medical services under the program; health plan delayed. Mr. Pruitt died from a HCFA, 40% of claim disputes between Medi- care beneficiaries and participating Medicare 3. Organizations must periodically review cancer that is very treatable if detected early. utilization review policies to guarantee con- These tragedies and others like them might HMOs involve emergency services. This bill sistency and compliance with current medi- have been avoided if the patients had known establishes the prudent layperson definition of cal standards and protocols; about the financial incentives not to treat, or if an emergency, so a reasonable layperson can 4. Individuals performing utilization re- the physicians had not been gagged from dis- anticipate claims that would be covered versus view could not receive financial compensa- cussing treatment options, or if there had been those that would be denied. It also prohibits tion based upon the number of certification plans from denying coverage for 911 emer- denials made; legislation forcing health plans to provide time- 5. Negative determinations about the medi- ly grievance procedures and timely access to gencies. My bill includes provisions which will bring cal necessity or appropriateness of services care. It's too late for these victims, but it is not or the site of services would be required to be too late to provide these protections for the utilization review back to its intended function, made by clinically-qualified personnel of the millions of people in managed care today. ensuring that patients receive all medically same branch of medicine or specialty as the Consumer protections in managed care necessary and appropriate care without over- recommending physician; must be developed. Such unfavorable out- using services. Utilization review boards will B. Assurance of Access comes are not isolated events. They are wide- be standardized through accreditation by the 1. Plans must have a sufficient number, distribution and variety of qualified health spread enough for industry studies to have Secretary of Health and Human Services. These review programs must update policies care providers to ensure that all enrollees noted a trend. Empirical evidence shows that may receive all covered services, including restrictive practices pose special risks for peo- to ensure consistency and compliance with specialty services, on a timely basis (includ- ple with chronic illnesses and poor health, and medical standards and treatment protocols. ing rural areas); that primary care physicians in HMOs are less This legislation also establishes, for the first 2. Patients with chronic health conditions likely to diagnose or treat patients with depres- time, an ``Office of Medicare Advocacy'' whose must be provided with a continuity of care sive disorders appropriately. Another study sole function is to act on behalf of Medicare and access to appropriate specialists; concluded that the successes of prepaid care beneficiaries. The bill establishes a ``1±800'' 3. Plans would be prohibited from requiring enrollees to obtain a physician referral for in relatively healthy populations are unlikely to number to facilitate better communication be- tween the Health Care Financing Administra- obstetric and gynecological services. be replicated among sicker patients. All this 4. Plans would demonstrate that enrollees evidence indicates that managed care is not tion and the beneficiary. The office would de- with chronic diseases or who otherwise re- doing its job as well as it should. Those who velop a number of outreach programs to help quire specialized services would have access are ill and most need health care are not get- inform Medicare beneficiaries concerning the to designated Centers of Excellence; ting it. Medicare program. Additionally, the office C. Access to Emergency Care Services A few years ago, Congress recognized a would have the authority to hear appeals in 1. Plans would be required to cover emer- crisis in the health care industry. Expenditures cases of an emergency or a life threatening gency services provided by designated trau- ma centers; were soaring and overutilization was the rule. event. Recent testimony by the ``Physician Pay- 2. Plans could not require pre-authoriza- At that time, I chose to address this problem tion for emergency medical care; with laws that prohibited physicians from mak- ment Review Commission (PPRC)'' empha- 3. A definition of emergency medical condi- ing unnecessary referrals to health organiza- sized the need for increased information and tion based upon a prudent layperson defini- tions or services that they owned. appeals processes. Describing a recent survey tion would be established to protect enroll- Others responded by pushing Americans of Medicare beneficiaries done by PPRC, the ees from retrospective denials of legitimate into new managed care plans that switched testimony reported: claims for payment for out-of-plan services; A significant percentage of these (Medi- 4. Plans could not deny any claim for an the financial incentives from a system that enrollee using the ‘‘911’’ system to summon overserves to a system that underserves. care) enrollees who sought additional infor- mation about their plan had problems get- emergency care. They got what they asked for. The current ting their questions answered. Also, a third D. Due Process Protections for Providers system rewards the most irresponsible plans of enrollees said they did not know they had 1. Descriptive information regarding the with huge profits, outrageous executive sala- the right to appeal a plan’s decision not to plan standards for contracting with partici- ries, and a license to escape accountability. provide or pay for a service. Our study sug- pating providers would be required to be dis- Unfortunately, patients are dying unnecessarily gests that plans may need to take additional closed; steps to inform consumers in these areas. 2. Notification to a participating provider in the wake of this health care delivery revolu- of a decision to terminate or not to renew a tion. It must stop. The Office of Medicare Advocacy will do contract would be required to include rea- Several states have already addressed the much to better inform Medicare beneficiaries, sons for termination or non-renewal. Such managed care crisis. In 1996, more than to advise beneficiaries of their rights and to fa- notification would be required not later than 1,000 pieces of managed care legislation cilitate comparative information concerning 45 days before the decision would take effect, flooded state legislatures. As a result, HMO Medicare Managed Care plans. unless the failure to terminate the contract regulations were passed in 33 states address- In the United States Congress, we have the would adversely affect the health or safety of ing issues like coverage of emergency serv- ability to put an end to abuse in managed care a patient; ices, utilization review, post-delivery care and and guarantee that Americans who choose 3. Plans would have to provide a mecha- nism for appeals of termination or non-re- information disclosure. Unfortunately, many managed care get the care for which they pay. newal decisions. states did not pass these needed safeguards We also have a responsibility to ensure that E. Grievance procedures and deadlines for resulting in a piecemeal web of protections Americans are protected from companies who responding to requests for coverage of serv- that lacks continuity. The states have spoken; place more emphasis on their own financial in- ices. E48 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 1. Plans would have to establish written the attending provider, in consultation with 1. If plan submits information relating to procedures for responding to complaints and the mother, orders the discharge and ar- the quality of services provided that is mate- grievances in a timely manner; rangements are made for follow-up post de- rial and false, the Secretary shall exclude 2. Patients will have a right to a review by livery care. the plan from continuing to qualify for Medi- a grievance panel and a second review by an II. AMENDMENTS TO THE MEDICARE care and Medicaid payments. independent panel in cases where the plan PROGRAM, MEDICARE SELECT AND MED- III. AMENDMENTS TO THE MEDICAID decision negatively impacts their health ICARE SUPPLEMENTAL INSURANCE PROGRAM services; REGULATIONS. A. Orientation and Immunization Require- 3. Plans must have expedited processes for A. Orientation and Medical Profile Re- ments review in emergency cases. quirements 1. When a Medicaid beneficiary enrolls in a F. Non-discrimination and service area re- 1. When a Medicare beneficiary enrolls in a Medicaid HMO, the HMO must provide an quirements Medicare HMO, the HMO must provide an orientation to their managed care system be- 1. In general, the service area of a plan orientation to their managed care system be- fore Medicaid payment to the HMO may serving an urban area would be an entire fore Medicare payment to the HMO may begin; Metropolitan Statistical Area (MSA). This begin; 2. Medicaid HMOs must perform an intro- requirement could be waived only if the 2. Medicare HMOs must perform an intro- ductory medical profile as defined by the plan’s proposed service area boundaries do ductory medical profile as defined by the Secretary on every new enrollee before pay- not result in favorable risk selection. Secretary on every new enrollee before pay- ment to the HMO may begin. 2. The Secretary could require some plans ment to the HMO may begin. 3. When children under the age of 18 are en- to contract with Federally-qualified health B. Requirements for Medicare Supple- rolled in a Medicaid HMO, the immunization centers (FQHCs), rural health clinics, mi- mental policies (MediGap) status of the child must be determined and grant health centers, or other essential com- 1. All MediGap policies would be required the proper immunization schedule begun be- munity providers located in the service area to be community rated; fore payment to the HMO is made. if the Secretary determined that such con- 2. MediGap plans would be required to par- f tracts are needed in order to provide reason- ticipate in coordinated open enrollment; able access to enrollees throughout the serv- 3. The loss ratio requirement for all plans A BEACON-OF-HOPE FOR ALL ice area. would be increased to 85 percent. AMERICANS: CHRISTINE 3. Plans could not discriminate in any ac- C. Standards for Medicare Select policies 1. Secretary would establish standards for MCFADDEN tivity (including enrollment) against an in- Medicare Select in regulations. To the ex- dividual on the basis of race, national origin, tent practical, the standards would be the gender, language, socioeconomic status, age, HON. MAJOR R. OWENS same as the standards developed by the NAIC disability, health status, or anticipated need OF NEW YORK for Medicare Select Plans. Any additional for health services. IN THE HOUSE OF REPRESENTATIVES G. Disclosure of plan information standards would be developed in consultation 1. Plans would provide to both prospective with the NAIC. Tuesday, January 7 , 1997 2. Medicare Select Plans would generally and current enrollees information concern- be required to meet the same requirements Mr. OWENS. Mr. Speaker, with the 1996 ing; Credentials of health service providers; in effect for Medicare risk contractors under election behind us, this Nation has completed Coverage provisions and benefits including section 1876. Community Rating, Prior ap- another cycle for the ongoing democratic proc- premiums, deductibles, and copayments; proval of marketing materials, Intermediate ess which makes America great. The electoral Loss ratios explaining the percentage of pre- sanctions and civil money penalties. miums spent on health services; Prior au- process and the public officials selected 3. If the Secretary has determined that a thorization requirements and other service through this process are invaluable assets in State has an effective program to enforce the review procedures; Covered individual satis- our quest to promote the general welfare and standards for Medicare Select plans estab- faction statistics; Advance directives and to guarantee the right to life, liberty, and the lished by the Secretary, the State would cer- organ donation information; Descriptions of tify Medicare Select plans. pursuit of happiness. It is important, however, financial arrangements and contractual pro- 4. Fee-for-service Medicare Select plans Mr. Speaker, that we also give due recognition visions with hospitals, utilization review or- would offer either the MediGap ‘‘E’’ plan to the equally valuable contribution of non- ganizations, physicians, or any other health with payment for extra billing added or the elected leaders throughout our Nation. The care service providers; Quality indicators in- MediGap ‘‘J’’ plan. fabric of our society is generally enhanced and cluding immunization rates and health out- 5. If an HMO or competitive medical plan comes statistics adjusted for case mix; An enriched by the hard work done year after (CMP) as defined under section 1876 offers year by ordinary citizens. Especially in our explanation of the appeals process; Salaries Medicare Select, then the benefits would be and other compensation of key executives in required to be offered under the same rules inner city communities which suffer from long the organization; Physician ownership and as set forth in the MediGap provisions above. public policy neglect, local grassroots leaders investment structure of the plan; A descrip- D. Arrangements with out-of-area dialysis provide invaluable service. These are men tion of lawsuits filed against the organiza- services. and women who engage in activities which tion; Plans must provide each enrollee annu- E. Coordinated open enrollment generate hope. I salute all such heroes and ally with a disclosure statement regarding 1. The Secretary would conduct an annual heroines as Beacons-of-Hope. whether the plan restricts the plans mal- open enrollment period during which Medi- practice liability in relation to liability of care beneficiaries could enroll in any Christine McFadden is one of these Bea- physicians operating under the plan. MediGap plan, Medicare Select, or an HMO cons-of-Hope residing in the central Brooklyn 2. Information would be disclosed in a contracting with Medicare. Each plan would community of New York City and New York standardized format specified by the Sec- be required to participate. State. Ms. McFadden currently serves as the retary so that enrollees could compare the F. Comparative Information program director for Renaissance Develop- attributes of all plans within a coverage 1. The Secretary must provide on an an- ment Corporation, a nonprofit social service area. nual basis for publication and use on the agency whose focus is to help enhance the H. Protection of physician-patient commu- internet information in comparative form nications and standard format describing the policies quality of life in the Brownsville community by 1. Plans could not use any contractual offered, benefits and costs, disenrollment providing a variety of services for the young agreements, written statements, or oral and complaint rates, and summaries of the and elderly. communication to prohibit, restrict or inter- results of site monitoring visits. In addition to her work, Ms. McFadden's fere with any medical communication be- G. Office of Medicare Advocacy church is very special to her. She has often tween physicians, patients, plans or state or 1. Establishes Office of Medicare Advocacy stated that her church allows her to serve God federal authorities. within the Health Care Financing Adminis- and mankind. As a member of the Macedonia I. Patient access to clinical studies tration. The purpose of the office is to act on 1. Plans may not deny or limit coverage of behalf of Medicare recipients, especially to Church, Christine McFadden has served on services furnished to an enrollee because the address complaints and concerns. A toll free the board of trustees; mother's board; mission- enrollee is participating in an approved clin- telephone number would be established to fa- ary board; senior choir; and is currently sec- ical study if the services would otherwise cilitate communication. Additional outreach retary of the building fund. have been covered outside of the study. programs such as town meetings would be Ms. McFadden's deep love and affection are J. Minimum Childbirth benefits developed and an internet site would be es- evident in her tireless contributions to the Girl 1. Insurers or plans that cover childbirth tablished for posting information. Scouts of America. This year will mark her benefits must provide for a minimum inpa- 2. The office would have authority to pro- 39th year as a scout leader. Additionally, Ms. tient stay of 48 hours following vaginal deliv- vide for an expedited review and resolution ery and 96 hours following a cesarean sec- of complaints under emergency cir- McFadden currently serves as the correspond- tion. cumstances as described in the bill. ence secretary for the Brownsville Tenant 2. The mother and child could be dis- H. Exclusion from Medicare and Medicaid Council and is a member of the advisory charged earlier than the proposed limits if Program board for Bay Center. She has also served on January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E49 the auxiliary police; block watchers for the 73d Council, farmland that sold for $500 an acre in that some environmental remediation costs precinct; and tenant patrol. In recognition of the 1960's is selling for $10,000 to $15,000 an are treated as a business expense, but others her commitment, Christine McFadden is also acre today. The tax costs of passing along are treated as capital expenditures, depending the recipient of numerous community and such expensive acreage to the next genera- on the facts and circumstances of each case. church awards and citations. tion, coupled with the pressure for develop- The administration in its brownfields initia- Christine McFadden was born in Fuquay ment in many areas, is a major reason for the tive has proposed to allow an immediate de- Springs, NC and at the age of 14 moved to disappearance of open spaces. We learned duction for cleaning up certain hazardous sub- Brooklyn, NY where she completed her edu- more about proposals to build on or expand stances in high-poverty areas, existing EPA cation. After marrying James McFadden, they current empowerment zones and enterprise brownfields pilot areas, and Federal moved to the Brownsville housing complex communities. empowerment zones and enterprise commu- where they raised two daughters. In recent Congresses, several of our col- nities. This is commendable, as far as it goes, Christine McFadden is a Beacon-of-Hope leagues introduced important legislation ad- but there is a disturbing trend in urban policy for central Brooklyn and for all Americans. dressing these issues. The gentleman from to pick and choose among cities. If expensing f Florida [Mr. SHAW] and the gentleman from environmental remediation costs is good tax New York [Mr. RANGEL] introduced a bill pro- policy and good urban policy, and I believe COMMUNITY AND GREEN SPACE viding for more realistic cost recovery for im- that it is, then it should apply in all commu- CONSERVATION provements to commercial buildings. The gen- nities. My bill would apply this policy to all tleman from Florida and my colleague from property wherever located, and would expand HON. NANCY L. JOHNSON Connecticut [Mrs. KENNELLY] introduced a bill the list of hazardous substances to include po- OF CONNECTICUT to provide a tax credit for qualified rehabilita- tentially hazardous materials such as asbes- IN THE HOUSE OF REPRESENTATIVES tion expenditures of historic properties used as tos, lead paint, petroleum products, and radon. This would remove a disincentive in current Tuesday, January 7, 1997 owner-occupied homes. Our colleague from Missouri [Mr. TALENT] and our colleague from law to reinvestment in our cities and buildings. Mrs. JOHNSON of Connecticut. Mr. Speak- Oklahoma [Mr. WATTS] introduced the Amer- Another proposal would address the blight er, it is no secret that some of the Nation's ican Community Renewal Act, which would of the many boarded up buildings. Of course, most scenic open spaces are disappearing at create 100 ``renewal communities'' and pro- many of these buildings should be rehabili- a time when many citiesÐlarge and smallÐ vide a number of incentives for conducting tated. But many buildings that have no eco- are decaying. This phenomenon is commonly business within the communities. nomic viability are still standing because the referred to as sprawl. The causes are many: Our colleague from New York [Mr. HOUGH- current tax rules provide a disincentive to tear- the development of the Interstate Highway TON] introduced the American Farm Protection ing them down. System, relatively inexpensive commuting ex- Act, to exempt from estate taxes the value of Before 1978, costs and other losses in- penses, and tax incentives for home owner- certain land subject to a qualified easement. curred in connection with the demolition of ship have made it easier for people to live fur- The legislation targets the benefit to land adja- buildings generally could be claimed as a cur- ther from the cities in which they work. In cent to metropolitan areas and national parks rent deduction unless the building and the more recent years, jobs have followed families where development pressure and land values property on which it was located were pur- chased with an intent to demolish the building. to the suburbs, and breakthroughs in tele- tend to be greatest. Our former colleague from In that case, costs and other losses associ- communication have spawned telecommuting, New Jersey [Mr. ZIMMER] introduced two bills ated with demolition were added to the basis eliminating proximity to the office as a factor related to conservation easements. One would of the land. for many people in deciding where to work or permit an executor to donate land or a con- live. Obviously, public safety, the quality of To create a disincentive to demolishing his- servation easement to a government agency toric structures, the 1978 tax bill required that schools, and the financial health of the Na- and credit the value of the donation against tion's cities figure prominently in decisions to costs incurred in connection with the demoli- estate taxes owed. Under current law, dona- tion of historic structures would have to be move businesses and families to the suburbs. tions must be provided for before the owner's The situation in my hometown of New Brit- added to the basis of the land. death. Mr. ZIMMER's other bill would change Under the Deficit Reduction Act of 1984, the ain, CT, illustrates another facet of the di- the way that the gain on bargain sales of land special rule for the treatment of costs associ- lemma faced by aging, industrial cities and or conservation easements is calculated for ated with demolishing historic structures be- towns, especially in the Northeast and Mid- tax purposes. came the general rule. There was concern west. A huge, old factory near the center of We should all be grateful for the many that the old rule may have operated as an town sat unused for years, as fears over as- hours of hard work our colleagues have de- undue incentive for the demolition of existing bestos and groundwater pollution blocked re- voted to these initiatives. With so many factors structures. But the new rule is a disincentive habilitation and re-use of the building and ad- contributing to urban decay and sprawl, there for tearing down buildings with unrecovered jacent property. is not single solution. Certainly, I would not basis. Many boarded up buildings are still Only recently, thanks to a cooperative effort suggest that all of the challenges facing our standing because the owners are still depre- that includes Federal, State, and local re- Nation's communities can be addressed by tax ciating them. sources, is the old Fafnir site finally being re- policy. But there are several provisions of tax My proposal would restore the old rule for claimed. A powerful incentive for manufactur- policy that are important. That is why several nonhistoric buildings. ers and retailers to flee the city is being ad- of our colleagues have come up with some While many people prefer the amenities of- dressed and the promise of new, centrally lo- important ideas. I believe several others merit fered by living in our Nation's cities, many new cated job growth is once again on the horizon. consideration as well. Early this session, I in- jobs are being created outside urban areas. In a broader sense, it is tragic that many tend to introduce a series of measures to ad- As the cities are losing their manufacturing in- cities are suffering at a time when the country- dress some of the factors that contribute to dustries, 95 percent of the growth in office side is disappearing. The American Farmland sprawl. jobs occurs in low density suburbs. These of- Trust estimates that the United States con- First, I intend to re-introduce a bill I offered fice jobs accounted for 15 million of the 18 verts to other uses 2 million acres of farmland in the last Congress, related to the costs of million new jobs in the 1980's. Mass transit is annually, much of it on the edge of urban cleaning up contaminated land and buildings important if people in the cities are to reach America. The USDA natural resources inven- in urban areas so that they can be put to pro- the new jobs in the suburbs. tory found that developed land increased by ductive use. The rules surrounding the tax Under current law, some employer-provided 14 million acres between 1982 and 1992. treatment of environmental remediation ex- transportation assistance can be excluded Many provisions of tax law have come into penses are so convoluted and confusing that from income. The value of transportation in a play as well. Last summer, the Ways and it is no wonder that a number of businesses commuter highway vehicle or a transit pass Means Subcommittee on Oversight held a decide to sidestep them altogether and invest that may be excluded from income was $65 hearing on the impact of tax law on land use in previously undeveloped land and newer per month in tax year 1996. On the other decisions. We learned that it is sometimes buildings outside of environmentally distressed hand, up to $170 per month in qualified park- more difficult to recover many of the costs of urban areas. ing can be excluded from income. I am pro- development in urban areas. We also learned Repairs to business property can be de- posing to establish parity by raising the cap for that estate taxes can have a tremendous im- ducted currently as a business expense, but transportation in a commuter highway vehicle pact on land use decisions. According to one capital expenditures that add to the value of or a transit pass to the same level as that for of our witnesses, the Piedmont Environmental property have to be capitalized. This means qualified parking. E50 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Another proposal I introduced in the last other health care providers particularly in the All funds would be eligible to earn interest and Congress addresses a provision in current tax advent of managed care. Without such a guar- grow. The Secretary of Health and Human law that limits the deduction for a gift of appre- antee, I am deeply concerned that the avail- Services would be authorized to transfer funds ciated property to 30 percent of adjusted gross ability and quality of medical care in our coun- from the trust fund to teaching hospitals income. Under current law, the limit for gifts of try could be at risk. throughout the nation. The formula for distribu- cash is 50 percent of adjusted gross income. Teaching hospitals have a different mission tion of funds would be determined by a new This provision would raise the cap for qualified and caseload than other medical institutions. National Advisory Council on Post-Graduate gifts of conservation land and easements from These hospitals are teaching centers where Medical Education that would be established 30 percent to 50 percent. Under the bill, any reimbursements for treating patients must pay by this legislation. This legislation would also amount that cannot be deducted in the year in for the cost not only of patient care, but also allow Congress to supplement the Trust Fund which the gift is made can be carried over to for medical education including research. In with appropriated funds which the Secretary of subsequent tax years until the deduction has the past, teaching hospitals were able to sub- Health and Human Services (HHS) would dis- been exhausted. Current law gives the donor sidize the cost of medical education through tribute. All of this funding would be in addition 5 years in which to use up the deduction. higher reimbursements from private and public to the current federal programs of direct and Conservation easements are a partial inter- health insurance programs. With the introduc- indirect medical education. This supplemental est in property transferred to an appropriate tion of managed care, these subsidies are funding is necessary to enable medical nonprofit or governmental entity. These ease- being reduced and eliminated. schools to maintain sufficient enrollment and ments restrict the development, management, As the representative for the Texas Medical keep tuition payments reasonable for students. or use of the land in order to keep the land in Center, home of two medical schools, Baylor My legislation would also take an additional a natural state or to protect historic or scenic College of Medicine and University of Texas portion of the AAPCC payment given to man- values. Easements are widely used by land Health Science Center at Houston, I have aged care plans and return it to the Secretary trusts, conservation groups, and developers to seen firsthand the invaluable role of medical of Health and Human Services to spend on protect valuable land. education in our health care system and the the disproportionate share program. Dis- stresses being placed on it today. Baylor Col- The 30-percent limit in current law actually proportionate share payments are given to lege of Medicine offers medical training in 21 works to the disadvantage of taxpayers who those hospitals which serve a large number of medical specialities and currently teaches 668 may be land rich but cash poor. uncompensated or charity care patients. Many medical students, 341 graduate students, and Our former colleague from New Jersey [Mr. of our nation's teaching hospitals are also dis- 1325 residents. Baylor College of Medicine ZIMMER] introduced two proposals in the last proportionate share hospitals. Thus, my legis- also employs 1,470 full-time faculty and 3,007 Congress related to the donation of land or lation would create two new and necessary full-time staff. The University of Texas Medical easements. One would encourage heirs to do- funding sources for teaching hospitals. School at Houston has 833 medical students, nate undeveloped land to the Federal Govern- This legislation would also create a National 799 accredited residents and fellows, and ment. If the inherited land is desired by a Fed- Advisory Council on Post-Graduate Medical 1,532 faculty. eral agency for conservation, the heirs would Under current law, the Medicare program Education. This Advisory Council would advise be allowed to transfer the land to the Govern- provides payments to teaching hospitals for Congress and the Secretary of Health and ment and take a credit for the fair market medical education. These reimbursements are Human Service about the future of post-grad- value. The other would provide for more equi- paid through the Direct Medical Education uate medical education. The Council would table taxation of the gains from selling land or (DME) and Indirect Medical Education (IME) consist of a variety of health care profes- an easement at below market value to a gov- programs. DME and IME payments are based sionals, including consumer health groups, ernment entity or a nonprofit organization. I in- upon a formula set by Congress. physicians working at medical schools, and tend to introduce these measures, with a few Last year, the Republican budget resolution representatives from other advanced medical modifications, in the new Congress. adopted by the House proposed cutting DME education programs. The Council would also Mr. Speaker, to save our Nation's green and IME payments by $8.6 billion over 7 advise Congress on how to allocate these new spaces, we must save our cities as well. years. I strongly opposed these efforts and will dedicated funds for medical education. This There is no single, simple solution, but we continue to fight any cuts of this magnitude to Council will provide Congress with needed in- here in Congress must do what we can to these payments. Such cuts would be det- formation about the current state of medical help our communities. I am looking forward to rimental enough in a stable health care mar- education and any changes which should be working with my colleagues to address these ket. But they are especially harmful given the made to improve our medical education sys- challenges in the coming weeks and months. impact of our changing health care market on tem. f medical education. Our nation's medical education program are As more Medicare beneficiaries enroll in the best in the world. Maintaining this excel- THE MEDICAL EDUCATION TRUST managed care plans, payments for medical lence requires continued investment by the FUND ACT OF 1997, THE HONOR- education are reduced in two ways. First, federal government. Our teaching hospitals ABLE KENNETH E. BENTSEN, JR. many managed care patients no longer seek need and deserve the resources to meet the OF TEXAS, BEFORE THE U.S. services from teaching hospitals because their challenge of our aging population and our HOUSE OF REPRESENTATIVES, plans do not allow it. Second, direct DME and changing health care marketplace. This legis- TUESDAY, JANUARY 7, 1997 IME payments are cut because the formula for lation would ensure that our nation continues these payments is based on the number of to have the health care professionals we need HON. KEN BENTSEN traditional, fee-for-service Medicare patients to provide quality health care services to them OF TEXAS served at these hospitals. Managed care does in the future. IN THE HOUSE OF REPRESENTATIVES not pay for medical education. I urge my colleagues to support this effort to Tuesday, January 7, 1997 My legislation would provide new funding for provide guaranteed funding for medical edu- graduate medical education by recapturing a cation. Mr. BENTSEN. Mr. Speaker, I rise to intro- portion of the Adjusted Average Per Capita f duce legislation, the Medical Education Trust Cost (AAPCC) payment given to Medicare Fund Act of 1997, to ensure that our nation managed care plans. The AAPCC is the Medi- THE HOMELESS HOUSING PRO- continues to invest in medical research care reimbursement paid to insurance compa- GRAMS CONSOLIDATION AND through the training of medical professionals in nies to provide health coverage for Medicare FLEXIBILITY ACT OF 1997 a time of declining federal expenditures and beneficiaries under a managed care model. as our health care system makes its transition These recaptured funds would be deposited HON. RICK LAZIO to the increased use of managed care. into a Trust Fund. I believe managed care OF NEW YORK This legislation establishes a new Trust plans should contribute toward the cost of IN THE HOUSE OF REPRESENTATIVES Fund for medical education that would be fi- medical education and my legislation would Tuesday, January 7, 1997 nanced primarily by Medicare including man- ensure this. This is a matter of fairness. All aged care plans. This trust fund would provide health care consumers, including those in Mr. LAZIO of New York. Mr. Speaker, today a guaranteed source of funding for graduate managed care, benefit from this training and I am introducing the Homeless Housing Pro- medical education at our nation's teaching should contribute equally towards this goal. grams Consolidation and Flexibity Act of 1997, hospitals and help ensure that we continue to These funds would be deposited into a trust a bill designed to help one of this Nation's train a sufficient number of physicians and fund at the U.S. Department of the Treasury. most vulnerable populations, the homeless. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E51 Homelessness is one of the Nation's most Sec. 402: Grant Authority allows the HUD agencies who have grant programs where eli- pressing social dilemmas. As much as half of Secretary to provide grants to states, metro- gible activities include homeless assistance, the adult homeless population has a current or politan cities, urban counties, and insular e.g. HHS, Labor, Education, VA, and Agri- areas under subtitles B (Permanent Housing past substance abuse problem, and up to one- culture. Such coordination would provide for Development) and C (Flexible Block Grant other agency funding for companion services third has severe mental illness. Homeless Assistance). to HUD housing grants. In the event of fail- The Federal Government's most potent tool Sec. 403: Eligible Grantees are insular ure to coordinate or provide sufficient serv- for responding to homelessness has been the areas (or designees) and recipients (state, ices, HUD and the Interagency Council on 1987 McKinney Act with emergency food and metropolitan city or urban county) of Per- the Homeless would create a companion shelter programs. This reflected the belief that manent Housing Development and the Flexi- service block grant, capped at the authorized homelessness was temporary in nature. When ble Homeless Block Grant Assistance Pro- amounts for Title IV McKinney Appropria- grams. homelessness continued to intensify, more tions, which this bill authorizes at $1 billion. Sec. 404: Use of Project Sponsors provides Use restrictions are applicable to perma- programs were created and Federal policy be- criteria from which the eligible grantee may came muted through a multitude of Federal nent and supportive service housing, requir- select entities to carry out its eligible ac- ing at least a 20 year use with requirements programs, creating the current collage of pro- tivities. for repayment or conversion monitored by Sec. 405: Comprehensive Housing Afford- grams so in need of consolidation. the Secretary. The General Accounting Office reports that ability Strategy Compliance requires each Local advisory boards are required to as- the application and recordkeeping require- jurisdiction (eligible grantee) to submit and sist and provide professional and community comply with the requirements of the com- assistance in creating, monitoring and evalu- ments of the various McKinney programs are prehensive housing affordability strategy ating local homeless initiatives using federal overly burdensome and sometimes conflicting under Sec. 105 of the Cranston-Gonzalez Na- or duplicative; this places a great strain on funds. tional Affordable Housing Act. Sec. 409: Supportive Services are required Sec. 406: Allocation and Availability of nonprofits. for each homeless housing facility to meet Amounts requires, at enactment, 20% of When provided with stable, permanent specifically the needs of the residents, and total funds made for the Permanent Housing housing and flexible support services, formerly include activities such as child care, employ- Development Grants, with a transitional homeless persons with severe mental illness ment assistance, outpatient health services, sliding scale upward to 30% in the fourth are able to greatly decrease their use of costly housing location, security arrangements, year of the bill; the Flexible Block Grant and case-management coordination of bene- acute psychiatric hospital care and emergency Homeless Assistance, at enactment, receives fits. room treatment. In Boston, a study of home- 80% of total funds with a transitional sliding less people with severe mental illness showed scale down to 70% in the fourth year and a Subtitle B—Permanent Housing that after a year and a half, 78 percent re- sliding scale cap on the amounts used for Development Activities mained in housing, and only 11 percent re- supportive services from 30%, at enactment, Sec. 411: Use of Amounts and General Re- turned to streets or shelters. to 15% in the fourth year. The permanent quirements provide authority to states, met- When provided with permanent supportive housing development grants are totally com- ropolitan cities and urban counties to imple- housing, graduates of chemical dependency petitive at the national level; the Flexible ment permanent housing development for treatment programs are able to greatly in- Block Grant is allocated with 70% for metro- homeless individuals through construction, politan cities and urban counties and 30% for substantial rehabilitation, or acquisition. crease their rates of sobriety. A study by Eden states, based on a formula in the Housing Substantial reliance on non-profit organiza- programs, a Minneapolis social service pro- and Community Development Act of 1974 (or tions is required, with a minimum amount of vider, tracked 201 graduates of a chemical de- the Emergency Shelter Grant formula). A 50% of funds required to pass-through to pendency treatment programÐ90 percent who minimum appropriated threshold amount of such organizations. Special populations, to had supportive living a year later remained $750 million is required for block grant and the maximum extent possible, are provided sober. permanent development housing. Otherwise, permanent housing opportunities. Despite a significant proportion of homeless all the homeless funds are nationally com- Sec. 412: Permanent Housing Development individuals suffering from mental or physical petitive. consists of long-term housing, single room Sec. 407: Matching Funds Requirements occupancy housing (with or without kitchen disabilities, we must also recognize a portion provide for each eligible grantee to match at or bathroom facilities for each unit) rental, of the homeless community, particularly fami- least 50% of the federal funds received, un- cooperative, shared-living arrangements, lies, that because of economic tragedies, are less the grant is less than $100,000. The eligi- single family housing or other housing ar- without permanent homes. It is this population ble grantee is restricted from transferring rangements. that we too must concentrate our efforts to en- matching requirements to a project sponsor Subtitle C—Flexible Block Grant Homeless sure that they don't evolve into mental or or other non-profit carrying out the jurisdic- Assistance tion’s homeless activities to no more than a physical disabilities. Sec. 421: Eligible Activities provide author- 25% match of federal funds. Matches include Mr. Speaker, as with the other bills I am in- ity to the eligible grantee to use funds for (i) value of donated material, (ii) value of acquisition and rehabilitation of supportive troducing today, I intend to work in a biparti- building lease, (iii) proceeds from bond fi- housing; new construction of supportive san manner with my colleagues to make sure nancing with limitations, (iv) amount of sal- housing, leasing of supportive housing, oper- that low-income families and American tax- ary paid to staff, and (v) the cost or value of ating costs for supportive housing with lim- payers get the relief they deserve as quickly donated goods, without including the value its, homelessness prevention, permanent of any time or services contributed by volun- as possible. housing development under subtitle B, emer- teers. HOMELESS HOUSING PROGRAMS CONSOLIDATION gency shelter, supportive services with caps, AND FLEXIBILITY ACT Sec. 408: Program Requirements provide the Secretary with the authority to estab- and technical assistance. Matching amounts SECTION-BY-SECTION ANALYSIS lish the application, form and procedure for only require an amount equal to the federal Section 1: Title cited as the ‘‘Homeless acquiring homeless grants. Under the Perma- funds to be used for housing; therefore, Housing Programs Consolidation and Flexi- nent Housing Development Grants or Flexi- grantees are much more flexible in providing bility Act.’’ ble Block Grant Homeless Assistance, eligi- different sources of funds. Federal funds are Section 2: Findings and Purpose conclude ble grantees must provide detailed descrip- capped for emergency shelters at 10% of the that a consolidation of the 7 existing McKin- tions of the activities planned. The eligible recipients’ McKinney housing funds. Sec. 422: Use of Amounts Through Private ney Homeless Housing programs would pro- grantee or project sponsor is authorized to vide flexibility and allow states, localities, charge an occupancy charge from assisted in- Non-Profit Providers requires a pass-through and non-profits the ability to provide hous- dividuals, capped at a maximum 30% of in- of no less than 50% of funds. Sec. 423: Supportive Housing is defined as ing to homeless individuals with coordina- come. Eligible grantees and project sponsors housing providing supportive services that is tion of needed supportive services through are required to have at least one homeless either transition or permanent supportive other agencies. individual as a member of the board of direc- housing. Section 3: General Provisions provide tech- tors unless the Secretary provides a waiver. Sec. 424: Emergency Shelter is defined as nical changes to the McKinney Act. Administrative expenses are capped at 5% of Section 4: Permanent Housing Develop- housing for overnight sleeping accommoda- federal funds received or 7.5% in cases where ment and Flexible Block Grant Homeless As- tions. Grants for emergency shelter are re- the recipient utilizes a standardized home- sistance Program is created and replaces ex- stricted for emergency needs and, in the case less database management system to record isting Title IV of the Stewart B. McKinney of rehabilitation and conversion, a 10 year and assess the use of housing, services and Homeless Act as follows: use requirement for emergency or other homeless individual. Housing Quality Stand- homeless housing. Subtitle A—General Provisions ards are keyed to local housing standards; Sec. 401: Purpose is established to provide and in the absence of local codes, a federal Subtitle D—Reporting, Definitions, and assistance for permanent housing develop- housing quality standard is enforced. Funding ment and flexible homeless housing assist- This section requires coordination and con- Sec. 431: Performance Reports by Grantees ance. sultation between HUD and other federal requires the eligible grantee to review and E52 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 report on the progress of the homeless ac- and Training Affordability Act of 1997. This without a retirement vehicle at their place at tivities under the grants from Title IV as legislation will allow a tax deduction of up to work. These employees thus lack the impor- well as meeting the needs of the comprehen- $5,000 a year for higher education and job tant employer pension leg of the retirement sive housing affordability strategy. Sec. 432: Annual Report by Secretary re- training expenses for middle-income families. security stool. THe IRA Savings Opportunity quires a summary of activities, conclusions The deduction will be fully available to individ- Act addresses this problem by strengthening and recommendations. uals earning less than $60,000 and house- the personal savings leg. The bill will allow Sec. 433: Definitions. holds earning less than $80,000, and will middle-income workers without workplace Sec. 434: Regulations are required within 30 phase out for individuals at $75,000 and for plans to contribute an additional $2,000 to days of enactment for interim rules and final households at $95,000. their IRA, bringing the total annual amount rules to follow, within 90 days of enactment. Unfortunately, college costs are moving be- that can be contributed to $4,000. While the Sec. 435: Authorization of Appropriations yond middle-class reach. Many families are additional $2,000 contribution is not tax de- is $1 billion for FY98 through FY02. forced to incur greater and greater debt to fi- ductible, these funds will accumulate tax-free, Section 5: Interagency Council on the Homeless statutory language is amended to nance their children's higher education and providing a significant advantage over other provide authority to coordinate under Title some must forego higher education altogether. savings vehicles such as mutual funds. IV with HUD and other agencies and provide The Education and Training Affordability Act Finally, the IRA Savings Opportunity Act will an independent determination on companion will help combat these trends, providing a help to strengthen the personal savings leg of supportive service funding. Authorization of needed tax savings and helping parents afford the stool for those who are fortunate enough appropriations is for such sums as may be the cost of a college education for their chil- to have access to a retirement plan at the necessary in FY98 through FY02. dren. Under this bill, a family of five earning workplace. By doubling the income ceilings Section 6: Repeals and Conforming Amend- $60,000 with three children in North Dakota's below which workers can deduct their IRA ments provide for the termination of (i) In- contributions, the IRA Savings Opportunity Act novative Homeless Initiative Demonstration; state universities will save $1,400 per year. (ii) FHA Single Family Property Disposition The Education and Training Affordability Act once again makes the tax advantages of IRAs for Homeless Use; (iii) Housing for Rural will also make job training more affordable. It's available to all middle-class Americans. Rem- Homeless and Migrant Farmworkers; and, clear that the best-paying jobs will increasingly edying the vast reduction in IRA participation (iv) Termination of SRO Assistance Pro- go to those workers with advanced training caused by the 1986 tax reform law, the IRA gram. beyond high school. Employees willing to con- Savings Opportunity Act will allow individuals Section 7: Savings Provision provides a tinually update their skills are the ones who earning up to $70,000 and households earning guarantee of federal funds obligated for will be able to take full advantage of the op- up to $100,000 to deduct their IRA contribu- homeless activities prior to enactment under portunities in today's rapidly changing econ- tions from their taxes, up to a maximum of earlier laws. $2,000. This restored deduction will provide Section 8: Treatment of Previously Obli- omy. The Education and Training Affordability gated Amounts are guaranteed under the ap- Act will help workers seize these new opportu- meaningful tax relief for middle-income fami- plicable provisions of law prior to enact- nities by making vocational, technical and lies, and will encourage the personal savings ment. other job training programs more affordable. which must be a critical part of everyone's re- f For example, a worker earning $28,000 and tirement savings strategy. enrolled full-time at Interstate Business Col- Mr. Speaker, one strength of the tax relief INTRODUCTION OF TARGETED TAX lege in Fargo would save $1,400 on his or her measures I introduce today is that they target CUT BILLS tax bill. the relief at families' most pressing economic Mr. Speaker, the final bill in my trio of tar- challengesÐthe high cost of health care and HON. EARL POMEROY geted tax cuts is the IRA Savings Opportunity education and the difficulty of saving for retire- ment. They also target the tax relief at middle OF NORTH DAKOTA Act of 1997. This legislation will help working and working income families in order to limit IN THE HOUSE OF REPRESENTATIVES families overcome what can be the extreme difficulty of setting aside money for retirement the cost and not require unsustainable cuts in Tuesday, January 7, 1997 given all the other expenses families face. In programs on which our seniors, children and Mr. POMEROY. Mr. Speaker, today I intro- doing so, it will help us take a step forward in working families rely. This doubly targeted ap- duce a trio of targeted tax cut bills designed meeting our emerging retirement savings cri- proach means that the revenue loss to the to help working families meet their most press- sis. As a nation, we are simply not saving federal treasury from my proposals is modest, ing financial challenges. The centerpiece of an enough to ensure a financially secure retire- on the order of $40±50 billion. As with the pro- agenda to advance the economic security of ment. The personal savings rate has fallen posals others will make for tax relief, my tar- North Dakota's middle and working income from a level of more than 7 percent during geted tax cuts can only be enacted as part of families, these measures will make it easier much of this century to barely more than 3 a budget agreement that includes the nec- for workers to afford health care and edu- percent today. Indeed, only one in three baby- essary spending cuts to reach balance by cation and to set money aside for retirement. boomers is saving enough to guarantee an 2002. From my position on the Budget Com- The first measure I introduce today, The adequate income in retirement. mittee, I will be working to ensure that tar- Self-Employed Health Affordability Act of The IRA Savings Opportunity Act gives geted tax relief in the context of a balanced 1997, continues my long dedication to provid- working families expanded new opportunities budget is accomplished. ing full deductibility of health insurance costs to start and contribute to an individual retire- Mr. Speaker, I look forward to working hard for self-employed individuals. On the first day ment account (IRA). THe bill has three provi- in the coming weeks and months to advance of the last Congress, I introduced a bill to give sions, each designed to expand savings op- these three targeted tax cut bills. With pas- the self-employed a full 100 percent deduction portunities in a different way. First, for those at sage of these measures, Congress can pro- for these costs. Eighty-two of my House col- modest income levels who often find it most vide needed tax relief to middle and working leagues became co-sponsors of my bill, and difficult to save, the bill provides a tax credit income families and can help them secure the this bipartisan coalition fought successfully to equal to 20 percent of the amount contributed foundations of economic securityÐhealth care, include an increased self-employed deduction to an IRA. This credit will reduce tax liability education and training, and a secure retire- as part of the health insurance legislation for individuals earning less than $35,000 and ment. passed by Congress last summer. Under this households earning less than $50,000 while f so-called Kennedy-Kassebaum law, the self- providing a meaningful incentive to save for THE INTRODUCTION OF THE NA- employed deduction will slowly increase to 80 retirement. TIONAL RIGHT TO WORK ACT OF percent by the year 2006. While this was Second, the IRA Savings Opportunity Act 1997 progress, it does not bring sufficient relief to will allow those without access to a workplace the hard-working farm and small business retirement plan to contribute additional dollars families which must pay their own health in- to their IRA. Retirement security in our econ- HON. BOB GOODLATTE OF VIRGINIA surance premiums. The bill I introduced today omy is premised on a three-legged stool of (1) IN THE HOUSE OF REPRESENTATIVES will immediately increase the self-employed employer pension, (2) Social Security, and (3) deduction to a full 100 percent, making the in- personal savings. Yet many workersÐfarmers, Tuesday, January 7, 1997 creasing cost of health insurance more afford- those who work for small businessesÐdo not Mr. GOODLATTE. Mr. Speaker, I am able and keeping these families healthy. have access to a retirement plan in the work- pleased to introduce on this first day of the Mr. Speaker, the second of the targeted tax place. And many large employers are dis- 105th Congress the National Right to Work cut bills I introduce today is The Education continuing their pension plans, leaving workers Act of 1997. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E53 This act will reduce Federal power over the I urge my colleagues to quickly pass the TRIBUTE TO BOB JOHNSTON American workplace by removing those provi- National Right to Work Act and free millions of sions of Federal law authorizing the collection Americans from forced-dues tyranny. HON. JAMES P. MORAN of forced-union dues as a part of a collective OF VIRGINIA bargaining contract. f IN THE HOUSE OF REPRESENTATIVES Since the Wagner Act of 1935 made forced- Tuesday, January 7, 1997 union dues a keystone of Federal labor law, THE BREAST CANCER PATIENT millions of American workers have been PROTECTION ACT OF 1997 Mr. MORAN of Virginia. Mr. Speaker, I rise forced to pay for union representation that today to pay tribute to one of my constituents, they neither choose nor desire. HON. JOHN D. DINGELL CWO2 Robert G. Johnston, USA (Retired) The primary beneficiaries of Right to Work who retired from The Retired Officers Associa- are America's workersÐeven those who vol- OF MICHIGAN tion last November. In connection with his re- untarily choose to pay union dues, because IN THE HOUSE OF REPRESENTATIVES tirement, I had occasion to reexamine Bob's biography. I never realized it before but, in when union officials are deprived of the Tuesday, January 7, 1997 forced-dues power granted them under current one way or another, Bob has spent his entire Federal law they'll be more responsive to the Mr. DINGELL. Mr. Speaker, I am pleased adult life in or working for the military and its workers' needs and concerns. today to join my colleagues Representatives people. Born and raised in Atlanta, GA. Bob entered Mr. Speaker, this act is pro-worker, pro-eco- DELAURO and ROUKEMA of New Jersey, in in- the Army as a draftee in January 1953 and nomic growth, and pro-freedom. troducing the Breast Cancer Patient Protection rose through the ranks to the grade of chief The 21 States with Right to Work laws, in- Act of 1997. This legislation seeks to ensure warrant officer. His enlisted service included cluding my own State of Virginia, have a near- that women and doctorsÐnot insurance com- tours with the Leadership Committee of the In- ly three-to-one advantage over non-right to pany bureaucratsÐwill decide how long a fantry School at Fort Benning, GA, the First In- work States in terms of job creation. woman who has a mastectomy should remain fantry Division at Fort Riley, KS, the Third In- And, according to U.S. News and World Re- in the hospital. fantry at Fort Meyer, VA, and two tours with port, 7 of the strongest 10 State economies in For any woman, learning that she has the U.S. Army Special Security Group in the the nation have Right to Work laws. breast cancer is one of her most frightening Pentagon. He served overseas with the U.S. Workers who have the freedom to choose experiences. Learning that she must have a Embassy in London and the Military Assist- whether or not to join a union have a higher mastectomy, a surgical procedure that will ance Command in Vietnam. standard of living than their counterparts in change her body and her life, can be dev- Upon appointment to warrant officer in the non-Right to Work States. According to Dr. astating. intelligence field in 1972, he received training James Bennett, an economist with the highly- To have an insurance company dare to say in counterintelligence at the Intelligence respected economics department at George to this woman, who is facing one of life's great School, Fort Huachuca, AZ. His subsequent Mason University, on average, urban families crises, that she must leave the hospital wheth- service as a warrant officer included tours with in Right to Work States have approximately er she is healed or not, is the ultimate insult. the Pentagon Counterintelligence Force, as $2,852 more annual purchasing power than It is something that we should not tolerate, executive officer of the 902d Military Intel- urban families in non-Right to Work States and that we must not allow. ligence Group and personnel officer of the when the lower taxes, housing and food costs Every medical specialty organization in this U.S. Army Special Security Group. of Right to Work States are taken into consid- country challenges the right of insurance com- After retiring from the Army in November eration. panies to interfere in the decision of what 1975, Bob joined the Retired Officers Associa- The National Right to Work Act would make treatment is medically necessary or appro- tion's Placement Service [TOPS] as a place- the economic benefits of voluntary unionism a priate for a patient. Whether that patient is a ment specialist. He assumed the position as reality for all Americans. young woman giving birth to a baby, or a Deputy Director in 1978 and became Director But this bill is about more than economics, woman having surgery to treat breast cancer, of TOPS in 1994. Bob's military awards in- it's about freedom. the insurer has no right to be in the middle, clude the Bronze Star. Meritorious Service Compelling a man or woman to pay fees to between the patient and the doctor. Medal with Oak Leaf Cluster, and Army Com- a union in order to work violates the very prin- mendation Medal with Oak leaf Cluster. ciple of individual liberty upon which this Na- Respresentative DELAURO and I, along with many other Members, placed this issue on the The officer placement service or TOPS as it tion was founded. is called is a unique enterprise and it requires Oftentimes forced dues are used to support table at the end of last session because we wanted every Member of this body to think a unique individual to run it. In essence, it is causes the worker does not wish to support a job placement service for military officers about this matter before the convening of this with his or her hard-earned wages. from all of the seven uniformed services who new Congress. We have spent the past sev- Thomas Jefferson said it best, ``* * * to are either retiring or being forced out as a re- eral months researching the best, most effec- compel a man to furnish contributions of sult of the current force drawdown. The very tive way to accomplish the goals we laid out money for the propagation of opinions which heart of this operation is Bob Johnston in his last year. We believe this legislation does that. he disbelieves is sinful and tyrannical.'' 18 years of service as Deputy Director and We have made sure that we do not preempt By passing the National Right to Work Act, then Director of TOPS, he has worked directly responsible State legislation and we have de- this Congress will take a major step towards with active duty and retired officers and with fined health plans to be consistent with the restoring the freedom of America's workers to civilian employers, plus executive search firms Kassebaum-Kennedy health insurance reform choose the form of workplace representation in assisting officers to find civilian positions for that best suits their needs. bill and with the MOMS bill I introduced last a second career. His reputation in this area is In a free society, the decision of whether or session, which provides for 48-hour maternity legend. In some significant way Bob assisted not to join or support a union should be made stays. more than 200,000 officers in making a suc- by a worker, not a union official, not an em- This legislation goes where many angels cessful transition from the service to civilian ployer, and certainly not the U.S. Congress. have feared to tread, into the hallowed halls of employment; personally critiqued over 14,000 The National Right to Work Act reduces well-heeled industry that is trying to make resumes; counseled over 10,000 officers; and Federal power over America's labor markets, cost, rather than care, the driving principle of rewrote the acclaimed ``Marketing Yourself for promotes economic growth and a higher our health care system. This legislation just a Second Career'' publication which is distrib- standard of living, and enhances freedom. says ``no.'' It says to anyone who is not the uted to over 50,000 service members annu- No wonder, according to a poll by the re- patient or the patient's doctor: ``No, you may ally. As the Director of TOPS for the last 2 spected Marketing Research Institute, 77 per- not dictate when a patient must leave the hos- years, his major achievements include the cre- cent of Americans support Right to Work, and pital.'' ation of a TOPS Job Bulletin that could be over 50 percent of union households believe The devastation of breast cancer is too accessed from the Internet and thus, has workers should have the right to choose great. The difficulties, both physical and psy- TOPS poised to meet the technological chal- whether or not to join or pay dues to a labor chological, associated with mastectomy are lenges of the 21st century; and a significant union. too complex. This legislation seeks to ensure increase in the number of employers and ex- No other piece of legislation before this that insurance snafus and mindless refusals ecutive recruiters who come to TROA looking Congress will benefit this Nation as much as do not make these already difficult situations for TROA members to hire to more than 2,000 the National Right to Work Act. impossible. firms worldwide. E54 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Mr. Speaker, as a final thought, the word troduced a bill to extend the Higher Education generation of U.S.-born Armenians a message leadership is often applied to those who do Act of 1965. As we are just beginning the re- to concentrate on their education, work hard, not deserve it. In Bob Johnston's case, just view process, the bill we are introducing today and set goals. The words were taken to heart the opposite is true. He was a leader on active does not establish new policy or direction for by Koligian. After graduating from Central High duty and in retirement continued to be a lead- Federal student aid. The final bill we plan on School, Koligian went onto Fresno State Col- er to his fellow officers, showing them how to completing this year will focus on three main lege and completed a degree in accounting cope with the challenges of a changing world. principles: making college affordable; simplify- and business administration. At the conclusion Bob has been a credit to his country, the Re- ing the student aid system; and improving of his formal education, he entered into com- tired Officers Association and to the entire re- academic quality for students. bat as an infantryman in the U.S. Army during tired community. The Higher Education Act is a complex World War II. Bob resides in Springfield, VA, with his wife piece of legislation. Our proposals for chang- Upon returning to Fresno after World War II, Elsie. The couple has two grown daughters. ing Federal student aid policy will be formu- Koligian began a career in farming and be- f lated only after open and bipartisan discus- came involved in serving the community. sions with the Administration, the higher edu- Koligian served on the Fresno County School INTRODUCTION OF THE HIGHER cation community, students, parents and our Board Association, the Fresno County Equal EDUCATION AMENDMENTS OF 1998 colleagues in the 105th Congress. Opportunity Commission, and the Fresno In today's information based economy, the Planning Commission. He also served 12 HON. WILLIAM F. GOODLING importance of obtaining a quality postsecond- years as a member of the Board of Trustees OF PENNSYLVANIA ary education is at an all-time high. Parents of the Madison Elementary School, and 12 IN THE HOUSE OF REPRESENTATIVES across the country have recognized the impor- years on the board of Central High School be- tance of sending their children to college and fore his election to the Fresno County Board Tuesday, January 7, 1997 they strive to ensure that their children will of Supervisors. Mr. GOODLING. Mr. Speaker, today Mr. enjoy a better life. Koligian oversees services in Fresno County MCKEON, Mr. CLAY, Mr. KILDEE and I have in- It is in this area of higher education that the such as public libraries, public schools, the troduced a bill to extend the Higher Education Federal Government can have a very signifi- sheriff's department, medical services, and the Act of 1995. The Higher Education Act is one cant impact. The fact is that the combination planning commission. Additionally, he also of the most important pieces of legislation we of Federal grant and loan aid for fiscal year works with the probation department, courts, will be reviewing this Congress. The law en- 1997 is expected to exceed $37 billion dollars. housing and tax collection agencies within the acted by this Congress which provides for the This is good news for higher education in this county. continuation of the Higher Education Act will country. Unfortunately, the cost of a college Mr. Speaker, through the years, Deran establish Federal student aid policy for stu- education has increased at about twice the Koligian has epitomized the hard work and in- dents and families through the year 2004. Our rate of inflation since the early 1980's, making tegrity that our forefathers believed would guiding principles will be: making college more a college education one of the most costly in- make the United States a great and pros- affordable; simplifying the student aid system; vestments facing American families today. perous nation. The end result is a man who and improving academic quality for students. That is why our review of the Higher Edu- has served his community with professional- I am a firm believer that a postsecondary cation Act and Federal student aid policy will ism an a no-nonsense attitude. I ask my col- education is one of the keys to family security focus on strengthening opportunities for stu- leagues to join me and pay tribute to a man in this country. As parents, we all work hard dents to obtain an affordable, high quality who in the midst of so much else today, in the hope that our children will have a better postsecondary education. The law enacted by serves the public with as much substance as life and more opportunities than the prior gen- this Congress which establishes new and con- the soil of the Fresno land that he farms. eration. Unfortunately, it has become increas- tinues old Federal student aid policies will take f ingly difficult for families to fulfill this dream. us through the year 2004. It will significantly INTRODUCTION OF LEGISLATION Students and their families are worrying impact the lives of millions of students and TO ASSIST CONNECTICUT POLICE more and more about how they are going to their families, as well as the future of this AND FIREFIGHTERS pay for a postsecondary education. A recent country. I look forward to working with all my General Accounting Office report notes that colleagues as we undertake this review. public 4-year colleges raised tuition 256 per- HON. BARBARA B. KENNELLY f OF CONNECTICUT cent between 1980 and 1995, far outstripping IN THE HOUSE OF REPRESENTATIVES the consumer price index and the rise in a typ- TRIBUTE TO SUPERVISOR DERAN ical family's income. Yet, college is no longer KOLIGIAN Tuesday, January 7, 1997 a luxury. Over the last decade, the earnings Mrs. KENNELLY of Connecticut. Mr. Speak- gap between youth with a postsecondary edu- HON. GEORGE P. RADANOVICH er, I rise today to introduce legislation on the cation and those without has continued to OF CALIFORNIA single most important tax issue to roughly widen. New and advanced technology is domi- IN THE HOUSE OF REPRESENTATIVES 1100 families in Connecticut. nating our economy and driving down the This legislation would simply clear up a situ- Tuesday, January 7, 1997 value of lowerskilled jobs. At a time when a ation where erroneous state law has caused college education is no longer a luxury, fami- Mr. RADANOVICH. Mr. Speaker, I rise benefits that were intended to be treated as lies are finding themselves unable to save or today to pay tribute to Supervisor Deran workmen's compensation to be brought into borrow enough money to pay the bill. Koligian. Mr. Koligian is a man of soil and a income on audit. In several states, including As we begin our intensive review of the man of service to all of Fresno County. He Connecticut, the state law providing these Higher Education Act and Federal student aid truly exemplifies what it means to be a family benefits for police and fire fighters included an policy, we will be looking for ways to assist all farmer. irrebuttable presumption that heart and hyper- Americans in their pursuit of an affordable, As noted in a recent article in the Armenian tension conditions were the result of hazard- high-quality postsecondary education. Achiev- General Benevolent Union (UGBU) magazine, ous work conditions. ing this goal is critical to the survival and Supervisor Koligian, who is serving his fourth In Connecticut, at least, the state law has growth of this country. term on the Fresno County Board of Super- been corrected so that while there is a pre- f visors, is a native of Fresno. His parents left sumption that such conditions are the result of their native home land during the dark days of hazardous work, the state or municipality in- INTRODUCTION OF THE HIGHER the Armenian genocide and relocated in Fres- volved could require medical proof. This EDUCATION AMENDMENTS OF 1998 no. Koligian faced hard times like many other change satisfies the IRS definition of work- Armenians who were often the subject of dis- men's compensation. Therefore, all this legis- HON. HOWARD P. ‘‘BUCK’’ McKEON crimination and ridicule. As a result, life was lation would do is exempt from income those OF CALIFORNIA not always easy for the Armenian families who payments received by these individuals as a IN THE HOUSE OF REPRESENTATIVES lived on ``the other side'' of the railroad tracks. result of faulty state law but only for the three Koligian's father and the rest of the family yearsÐ1989, 1990 and 1991. From January Tuesday, January 7, 1997 did not surrender to the pressure of being 1, 1992 forward those already receiving these Mr. MCKEON. Mr. Speaker, today Mr. newcomers to the United States. Instead, the benefits would have to meet the standard IRS GOODLING, Mr. CLAY, Mr. KILDEE and I have in- elders of the community instilled in the first test. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E55 The importance of this legislation is that Even if the southwest border were sealedÐ Randall Bloomfield is a Beacon-of-Hope for these individuals believed that they followed which it can't beÐit would not solve the illegal central Brooklyn and for all Americans. state law. The cities and towns involved be- immigration problem. Nearly 50 percent of lieved that they followed state law and there- illegals are here because they entered on f fore all parties involved believed that these legal temporary visas and did not leave. The benefits were not subject to tax. However, the only way to stop illegals from coming, through INEQUITY IN THE TAX CODE IRS currently has an audit project ongoing in the border or otherwise, is to eliminate the CT and has deemed these benefits taxable. magnet of jobs. The only way to do that is to All this legislation says is that all parties in- make employer sanctions work. HON. PHILIP M. CRANE volved made a good faith effort to comply with Mr. Speaker, the bill I am introducing today OF ILLINOIS what they thought the law was. The state was will make major strides in our efforts to make in error. That error has been rectified but employer sanctions work. Until sanctions work, IN THE HOUSE OF REPRESENTATIVES those individuals on disability should not be our fight against illegal immigration will be in Tuesday, January 7, 1997 required to pay 3 years back taxes plus inter- vain. Mr. CRANE. Mr. Speaker, today I am intro- est and penalties. Yet the interest and pen- f alties on this tax continue to increase each ducing legislation designed to end an inequity day and are quite beyond the means of most A BEACON-OF-HOPE FOR ALL that currently exists in our Tax Code. The of these families where the primary bread- AMERICANS: RANDALL BLOOM- Federal Unemployment Tax Act [FUTA] ex- winner is disabled. FIELD empts certain churches and religious organiza- This provision was reported by the Ways tions operated by churches from having to pay and Means Committee in 1992, passed the State unemployment taxes. This exemption House on the suspension calendar, included HON. MAJOR R. OWENS extends to schools directly operated by in H.R. 11 and vetoed by then President Bush. OF NEW YORK churches. Although church-operated schools This provision enjoys the bipartisan support of IN THE HOUSE OF REPRESENTATIVES are exempt, there is one class of religious the entire Connecticut Congressional delega- Tuesday, January 7, 1997 schools which is presently not exemptÐ tion. I hope that the House will see fit to pro- schools which, in equity and fairness, and for vide these Connecticut families with the tax re- Mr. OWENS. Mr. Speaker, with the 1996 constitutional reasons, deserve this exemption. lief they need most. election behind us, this Nation has completed another cycle for the ongoing democratic proc- The schools in this nonexempt class are re- f ess which makes America great. The electoral ligious schools which are not operated by churches, but are instead operated by lay STOP ILLEGAL IMMIGRATION AND process and the public officials selected boards of believers. Such schools are as per- PROTECT UNITED STATES JOBS through this process are invaluable assets in our quest to promote the general welfare and vasively religious as the church-operated to guarantee the right to life, liberty, and the schools. Indeed, nonchurch religious schools HON. BILL McCOLLUM pursuit of happiness. It is important, however, would not exist except for their religious mis- OF FLORIDA Mr. Speaker, that we also give due recognition sion and are, in every way except church affili- IN THE HOUSE OF REPRESENTATIVES to the equally valuable contribution of non- ation, religiously indistinguishable from exempt Tuesday, January 7, 1997 elected leaders throughout our Nation. The schools. It is my understanding that these schools constitute about 20 percent of the Mr. MCCOLLUM. Mr. Speaker, today I am fabric of our society is generally enhanced and enriched by the hard work done year after membership of the Protestant evangelical proud to introduce legislation which would im- schools in the country, and that, in addition, prove the quality of the Social Security card year by ordinary volunteer citizens. Especially in our inner city communities which suffer from Catholic, Jewish, and other Protestant schools and make it a crime to counterfeit work au- fall into this category. thorization documents. This is absolutely criti- long public policy neglect, local grassroots cal to our fight against illegal immigration. leaders provide invaluable service. These are Quite simply, these schools should not have to bear the burden of the FUTA tax. The intent Several of my colleagues, including Mr. SCHU- men and women who engage in activities MER, Mr. STENHOLM, and Mr. HORN, join me in which generate hope. I salute all such heroes and purpose of these schools are the same as this effort. and heroines as Beacons-of-Hope. those operated by churches. Not exempting Illegal immigrants come to the United States Randall Bloomfield is one of these Beacons- such schools raises serious constitutional for one overwhelming reason: jobs. In re- of-Hope residing in the central Brooklyn com- questions with respect to the free exercise and sponse to this obvious magnet for illegal immi- munity of New York City and New York State. establishments clauses of the first amendment gration, the 1986 immigration bill created em- Few doctors in central Brooklyn can match the as well as the equal protection clause of the ployer sanctions, making the it illegal to know- impeccable record of achievement of Dr. 14th amendment. Although an effort was ingly hire an illegal alien. That law requires ev- Bloomfield. made to bring this issue before the Supreme eryone seeking employment in the United Dr. Bloomfield is directly responsible for Court, the Court did not reach the merits and States to produce evidence of eligibility to many community empowerment efforts. His vi- dismissed the case on other grounds. Rec- work. One of the documents that may be pro- sion, sincerity, and competence have resulted ognizing the constitutional issues involved, the duced together with a driver's license to prove in the writing of proposals and the presen- U.S. Department of Labor deferred the initi- this eligibility is the Social Security card. The tation of various studies that have educated ation of conformity proceedings for roughly 2 primary reason employer sanctions are not the community. Over the years, he has made years against States which exempt these working today is the rampant fraud in the doc- dozens of scholarly presentations on subjects schools from State unemployment tax ``until uments to prove eligibility to work, specifically such as ``Current Approaches to Gyneco- the constitutional issue is definitively re- the Social Security card. H.R. 2202 would re- logical Chemotherapy.'' In addition, he is co- solved.'' The constitutional issue has yet to be duce the number of documents that may be author of a proposal which gained funding for resolved and the Department of Labor has produced from 29 to 6. This helps, but one of the Provident Neighborhood Health Center since started enforcing its interpretation of the the six is still the Social Security card. As long and has written numerous articles including law. as it can be easily counterfeited, employer one on Legislator-Physician relationships. My legislation will clarify this issue once and sanctions will not work. Throughout the years, Dr. Bloomfield has for all by simply amending the Internal Reve- Why is it so important to make employer worked diligently in several positions that he nue Code to provide that service performed sanctions work? There are 4 million illegal found to be beneficial to his community. He for an elementary or secondary school oper- aliens in the United States today. This number currently serves as the chairman of the Moya ated primarily for religious purposes is exempt increases by 300,000 to 500,000 annually. Medical Scholarship Fund and is the co-chair from the Federal unemployment tax. Many Most illegals are non-English speaking, poorly of the Medgar Evers Medical Program. Members of Congress will find religious educated, and lacking in marketable skills. Born in New York City, Dr. Bloomfield has schools in their district that fall into this non- Their numbers are so large in the communities served 2 years in the Army. He is a graduate exempt category, and, moreover, will find that and States where they are settling that they of City College of New York and Downstate these schools merit equitable and constitu- cannot be properly assimilated, and they are Medical Center. He is married to Edris L. tional treatment. I would ask my colleagues to having a very negative social, cultural, and Adams and the father of Diane Elizabeth and join me in an effort to bring equity to this sec- economic impact. Robert Randall. tion of the Tax Code. E56 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 THE CARE ACT Beginning in fiscal year 1998, the President gregation since its founding, but especially in is required to submit a plan for achieving a the trying days following the 1975 tragedy. HON. GERALD D. KLECZKA balanced budget by 2002. Thereafter, the Faith Community Christian Reformed OF WISCONSIN President must submit budgets to maintain a Church has been a pillar of the northwest Ber- IN THE HOUSE OF REPRESENTATIVES balanced budget for the current fiscal year and gen County community and is widely re- the 4 fiscal years following, unless there is a spected. The ministry that the church provides Tuesday, January 7, 1997 declared war or national security or economic to the community is clear evidence of the Mr. KLECZKA. Mr. Speaker, in a cruel dis- emergency. ``faith of our fathers living still.'' Indeed, the play of corporate greed, the Pabst Brewing Upon submission of the President's budget, church is following the traditions of the Chris- Company last year announced its intention to the Director of the Congressional Budget Of- tian faith of the founding fathers of this Nation. renege on its promise to provide health and fice (CBO) determines whether the plan Mr. Speaker, throughout this nation's his- death benefits to its retirees. Following a court achieves a balanced budget and certifies to tory, faithful communities such as this church battle, Pabst appears to have succeeded: re- the Chairman of the House and Senate Com- have formed the backbone of our society. At tirees and their families have lost benefits that mittees on the Budget such. If the budget is a time when many Americans are deeply con- were promised them in exchange for many certified as not being in balance, the Chairmen cerned about the cultural and moral erosion of years of loyal service to the company. of the Budget Committees notify the President civil society, this church provides a center of This outrage demonstrates a lack of cor- in writing within 7 calendar days. Within 15 worship and a solid foundation of faith for our porate responsibility to dedicated former em- days, the President may submit a revised plan families, our children and our communities. ployees. This is not an isolated incident, but to achieve a balanced budget. Just as this nation is a better place because part of a disturbing nationwide trend. Over the It is not in order in the House or Senate to of these churches, the dedicated service of past several years, thousands of workers and consider any concurrent resolution on the the Faith Community Christian Reformed retirees across this country have faced similar budget that does not achieve a balanced Church has enriched quality of life in Bergen cancellations and reductions of their health budget by fiscal year 2002. In 2002 and there- and Passaic counties. Its contributions are coverage. John Morel, Hormel, and General after, it is not in order to consider any budget adding to the rich tapestry of American life in Motors are just a few of the corporations who resolution that does not maintain a balanced northern New Jersey every day and deserve have tried to leave their former workers budget. This section cannot be waived unless to be recognized as a part of the permanent stranded without health careÐhealth care they a joint resolution is enacted that declares war, historical record of our Nation through the were promised, and health care their long a national security or national economic emer- CONGRESSIONAL RECORD. years of service earned. From meatpackers to gency. My Colleagues, I invite you to join me in clerical staff, this is a threat to the retirement Finally, the bill makes in order in both the honoring the members of the Faith Community security of all American workers. House and Senate the consideration of the Christian Reformed Church on one hundred We must act now. Last Congress, I intro- President's budget or revision as a substantive years of faithful service and extending best duced a bill which I am reintroducing today, amendment to the budget resolution, without wishes for another century of service. the Health Care Assurance for Retired Em- substantive amendment. f ployees ActÐor the CARE ActÐwhich would While essential, enactment of a balanced protect retiree health benefits and help retirees budget in the Congress and ratification of a MEDICARE DIABETES EDUCATION to obtain health insurance if their coverage is balanced budget constitutional amendment is AND SUPPLIES AMENDMENTS OF canceled. only the beginning, not the end. The Balanced 1997 The CARE Act would require employers to Budget Requirement Act, together with dili- give 6 months notice to retirees and require gence on our part, will keep the Federal budg- HON. JOHN D. DINGELL the Labor Department to certify that the et balanced. OF MICHIGAN changes meet the requirements of the collec- f IN THE HOUSE OF REPRESENTATIVES tive bargaining agreement. Tuesday, January 7, 1997 It would also expand retirees' access to MARKING THE 100TH ANNIVER- health care under COBRA for those aged 55 SARY OF THE FOUNDING OF THE Mr. DINGELL. Mr. Speaker, I am pleased to to 65 until they are eligible for Medicare. FAITH COMMUNITY CHRISTIAN add my name as an original cosponsor of the Lastly, it would allow retirees who did not REFORMED CHURCH Medicare Diabetes Education and Supplies sign up for Medicare or Medigap to apply for Amendments of 1997, introduced today by my the programs without late-enrollment penalties. HON. MARGE ROUKEMA colleague from Oregon, Representative This type of atrocity must not be tolerated. OF NEW JERSEY FURSE. This long-overdue legislation will assist We must ensure retiree security and prevent IN THE HOUSE OF REPRESENTATIVES millions of diabetics, by ensuring that the rel- atively small costs of diabetes self-manage- loyal former workers from being left out in the Tuesday, January 7, 1997 cold. Mr. Speaker, I ask my colleagues to ment training and glucose test strips will be show their support for retired workers and Mrs. ROUKEMA. Mr. Speaker, in the days covered by Medicare. The cost-effectiveness their families by cosponsoring this bill. immediately following the adjournment of the of managing diabetes has been well docu- f 104th Congress, the members of the Faith mented. Management significantly reduces Community Christian Church of Wyckoff, NJ and delays the onset of disabling or fatal con- BALANCED BUDGET REQUIREMENT celebrated the One-Hundredth Anniversary of sequences of this disease. Thus, the small in- ACT OF 1997 the founding of their church. I ask my Col- vestment Medicare makes ``up front'' pays off leagues to join me in extending their heartfelt several times in savings over the long term. HON. GARY A. CONDIT congratulations and best wishes. But most importantly, these simple, cost-effec- OF CALIFORNIA Formally established on October 1, 1896 in tive techniques notably improve the quality of IN THE HOUSE OF REPRESENTATIVES the Riverside neighborhood of Paterson, the life for people with diabetes. congregation was originally known as the Many of my colleagues will recall Rep- Tuesday, January 7, 1997 Fourth Christian Reformed Church. For nearly resentative FURSE's valiant attempts to enact Mr. CONDIT. Mr. Speaker, today, along with eight decades, the church members wor- this legislation in the 104th Congress. our colleague Representative KAY GRANGER of shipped in Paterson. On April 5, 1975, the Throughout that Congress, in the context of Texas, I have introduced the Balanced Budget church structure was destroyed by a fire that Medicare legislation and budget reconciliation, Requirement Act, legislation to require the claimed the life of a Paterson firefighter. even to the last night of the second session, President to submit to the Congress each year Clearly, a church such as this does not sur- she worked to achieve that goal. I was glad to a balanced Federal budget and to forbid the vive on structure alone. The community relo- work with her in that effort. However, despite consideration in the Congress of any budget cated to its current site in Wyckoff and as- tremendous support from people with diabetes resolution that does not provide for a balanced sumed the name Faith Community Christian and their families, Members of Congress on budget. These changes would take effect im- Reformed Church in September 1978. both sides of the aisle, and the White House, mediately, and are essential in implementing Mr. Speaker, this church has remained the elusive prize was not to be won in that any Constitutional amendment to balance the steadfast to its Christian mission throughout its most rancorous of seasons. I hope that as we Federal budget. distinguished history. Perseverance and cour- begin this quest again, we can place health Specifically, the legislation provides that: age have been the watchwords of the con- policy ahead of partisan wrangling, and people January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E57 with diabetes ahead of politics. Let us enact I am introducing also allows workers to take the same two questions: What does this mean this fine legislation as one of the first exam- up to 24 hours of FMLA leave for the purpose for jobs; and what impact does this have on ples that we can and will work together to of participating in school activities, to accom- the property tax base and real estate values? serve the American people. Let us take as our pany children to routine dental or medical ap- This legislation would create three additional example the outstanding commitment of Rep- pointments, or to accompany an elderly rel- zones with tax incentives targeted to services. resentative FURSE to accomplish this objective ative to routine medical appointments or other Specifically, these FIRE zones would be pat- not for personal or political gain, but because professional services. The 24-hour provision terned after existing enterprise zones, but it is the right thing to do. was also originally a part of Mrs. Schroeder's could encompass an entire city or municipality, I am happy to be part of this effort, and look legislation. However, I have modified those and more important, could include central forward to speedy enactment of this important provisions to reflect a similar proposal that has business districts. Eligibility would be the legislation. been put forward by President Clinton. I urge same as for existing enterprise zones, with an f my colleagues to support this legislation. additional requirement that an eligible city INTRODUCTION OF LEGISLATION f would have to have experienced the loss of at TO EXPAND THE PROTECTIONS least 12 percent of FIRE industry employment, INTRODUCTION OF FIRE or alternatively, 5,000 jobs. OF THE FAMILY AND MEDICAL LEGISLATION LEAVE ACT In lieu of traditional enterprise zone tax in- centives, new or existing businesses in FIRE HON. BARBARA B. KENNELLY zones would receive a range of tax incentives. HON. WILLIAM (BILL) CLAY OF CONNECTICUT First, to deal with jobs, there would be a OF MISSOURI IN THE HOUSE OF REPRESENTATIVES wage credit for the creation of new jobs within IN THE HOUSE OF REPRESENTATIVES Tuesday, January 7, 1997 the zone. This would encourage businesses to Tuesday, January 7, 1997 hire displaced and underemployed insurance, Mr. CLAY. Mr. Speaker, today I am intro- Mrs. KENNELLY. Mr. Speaker, I rise today real estate, and banking workers as well as to ducing legislation to expand the protections af- to introduce legislation that would create three create entry level jobs for clerks and janitors. forded by the Family and Medical Leave Act of additional enterprise zones targeted toward Second, to deal with the high commercial 1993 (FMLA). The legislation I am introducing the financial institution, banking, and real es- vacancy rate problem that plagues many is substantially similar to legislation introduced tate or FIRE industries. I have consistently cities, there would be unlimited expensing on in the last Congress by our distinguished supported enterprise zones and think the in- FIRE buildouts and computer equipment. The former colleague, Patricia Schroeder. tense competition for both the zone and com- proposal would also remove the passive loss The FMLA grants employees the right to un- munity designation provides ample evidence restrictions on historic rehabilitation. paid leave in the event of a family or medical of the broad support for these efforts. Next, to provide an incentive for investors, emergency without jeopardizing their jobs. As My city of Hartford, CT applied for designa- the proposal would provide for a reduction in former chairman of the Subcommittee on tion as an enterprise community but was de- the individual capital gains rate for zone prop- Labor-Management Relations of the Commit- nied. But when I started looking at the details, erty held for 5 years to 10 percent. In addition, tee on Education and Labor, I was privileged it was clear to me that while empowerment capital gains on zone property would not be to work closely with pat Schroeder, the Hon. zones/enterprise communities are excellent considered a preference item for individual al- MARGE ROUKEMA, Senator CHRIS DODD, our economic development tools, they just don't ternative minimum tax purposes. The cor- former colleague the Hon. William D. Ford, quite fit all areas. porate capital gains tax rate would also be re- and others to bring about the enactment of The tax incentives in empowerment zones duced, to 17 percent. this important law. Necessarily, many com- include a wage credit, expensing of up to Finally, many big cities aren't always as promises were made to bring about this prece- $75,000 and a loosening of restrictions on tax- safe as we would like. Therefore, the proposal dent setting legislation. exempt bondsÐall incentives seemingly would provide for a double deduction for secu- Among the most important of those com- geared to manufacturing. Hartford and a num- rity expense within the zone. This should give promises was one that limited the applicability ber of other cities around the Nation, however, employers an added stake in the safety of our of the law to employers of 50 or more employ- are differentÐour base is services and we cities. ees. My original intention had been to extend would frankly benefit from a different mixture I would urge my colleagues to support this the law to employers of 25 or more employ- of tax incentives. legislation. ees. However, because of uncertainty regard- Let me talk about Hartford for a moment. ing the impact of the law on employers and in Hartford has long been known as the insur- f order to increase support for the legislation, I ance capital of the world. We have also tradi- NORTH MIAMI POLICE DEPART- agreed to accept the 50 employee threshold. tionally been a center for financial services. The effect of this compromise was to leave However, any reader of the Wall Street Jour- MENT OFFICER OF THE YEAR, approximately 15 million employees outside of nal knows of the consolidation in the banking KEVIN KENNISON the protections afforded by the FMLA. The fact industry and that real estate in many parts of that an employee may work for an employer of New England is still in a severe slump. On top HON. CARRIE P. MEEK 40 rather than 50 people does not immunize of this, we are in the midst of unprecedented OF FLORIDA that employee from the vicissitudes of life, nor change in the insurance industry. In the past IN THE HOUSE OF REPRESENTATIVES 3 years every major insurer in Hartford has ei- diminish that employee's need for the protec- Tuesday, January 7, 1997 tions afforded by the FMLA. ther been a merger participant and/or acquired The FMLA was signed into law on February or jettisoned a major line of business. Mrs. MEEK of Florida. Mr. Speaker, I rise 5, 1993. Experience has shown that the law But because this proposal isn't just about today to recognize the North Miami Police De- does not unduly disrupt employer operations. Hartford. In the past decade, we have seen partment's 1996 Officer of the Year, Officer Not only are the costs to employers of comply- unprecedented change in our financial serv- Kevin Kennison. Chosen from a committee of ing with the law negligible, but in many in- ices industries. We have had banking and his peers, his outstanding record in law en- stances the FMLA has led to improvements in S&L problems, face increasing competition in forcement makes him a fitting choice. employer operations by improving employee the global marketplace, and again this year Officer Kennison joined the North Miami po- morale and productivity, and by reducing em- will debate allowing banking, and other service lice force in June 1992. Quickly, he earned the ployee turnover. Experiences has also shown industries including securities and insurance to respect of his peers and superiors through te- that the protections afforded by the law are affiliate. In addition, we have seen Bermuda nacity and dedication. In July 1993, he shared not only beneficial, but are essential in ena- attract over $4 billion in insurance capital in with several other officers the honor of Officer bling workers to balance the demands of work the past few years. It is certainly a beautiful of the Month. Continuing his fine work, he and home when faced with a family or medical place, but most important, it's also a tax again earned that title in August 1994 and Oc- emergency. in short, we have now had suffi- haven. tober 1996. cient experience under the law to justify ex- And while change can be good, it does cre- Because of his unbridled enthusiasm, Offi- tending the law to employers of 25 or more ate a tremendous amount of uncertainty. With cer Kennison was among the first chosen to employees. each and every merger or spinoff, every participate in North Miami's Crime Suppres- Beyond expanding the number of work- mayor and every city council, not to mention sion Unit, a specialized group of officers se- places that are protected by the FMLA, the bill the thousands of affected employees who ask lected to target problem areas. E58 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 During 1996, Officer Kennison made in ex- money on necessary medical services. Higher ernment spends. I disagree. While having suf- cess of 115 arrests, truly an astonishing num- cost-sharing in the attempt to reduce nec- ficient funding is something I have fought for, ber. Putting his life on the line in many in- essary treatment will also cause a reduction in especially for our most vulnerable commu- stances, he has demonstrated great bravery. the use of highly effective care. Furthermore, nities, it's wrong for us in Congress to ask the As his family and coworkers gather to recog- the experiment found significant decreases in American taxpayers to pay for programs that nize him for this achievement, I want to wish highly effective care seeking poor bene- aren't working. We Americans are a generous him continued success. Officer Kevin ficiaries. people, we always have been. We understand Kennison is truly an asset to our community, Mr. Chairman, raising the cost of Medicare that not everyone has the same opportunities and we all congratulate him on a job well will raise even higher the rate of emergency that some of our neighbors have been given done. room visits by the poor. Already, those in the and we are willing to spend tax dollars to help f lower third of the income distribution have lower-income families get their feet under emergency department expenses 66 percent them and get on their way. But we are not so ADVERSE EFFECTS OF INCREAS- higher than those of persons in the upper third generous if we think our money is being wast- ING MEDICARE COST-SHARING of the income distribution. Raising Medicare ed. ON THE POOR costs will only make it more difficult for those In too many cities, public housing has be- with lower incomes to see a primary care, of- come the kind of waste that taxpayers don't HON. FORTNEY PETE STARK fice-based physician and force those patients want to put their money into. OF CALIFORNIA to seek attention in our country's overcrowded We can do better than this. In some com- IN THE HOUSE OF REPRESENTATIVES emergency rooms. munities, housing for low-income housing is Tuesday, January 7, 1997 All of these facts lead us to the conclusion what we've asked it to beÐa way to a better that if we raise the beneficiaries' obligation in life, rather than a way of life. We can learn Mr. STARK. Mr. Speaker, I thank the Mem- the cost of Medicare, those with lower income from those success stories, we can take the bers for this opportunity to address the House levels will be unable to afford and will not seek knowledge we have gained and make a better on the important issue of Medicare. In our at- out needed health services. We have an obli- framework for change. tempt to cut Federal spending, we must con- gation to fiscally get these entitlement pro- One of the worst examples has been the sider the implications of those policy decisions grams under control without putting the Na- way residents in public housing are discour- on our Nation's most vulnerable citizens. Much tion's most needy in harms way. I urge all of aged from working, discouraged from getting a has been said of the economical benefits of my colleagues to consider these findings as better job or working overtime. The reason for raising Medicare copayments and deductibles, we work to improve Medicare. this perversity? A well-intentioned but ill-ad- but not enough has been said of the detrimen- f vised policy known as the Brooke amendment, tal effects those cuts will have on Medicare which requires tenants in public housing pay beneficiaries with low incomes. THE HOUSING OPPORTUNITY AND exactly 30 percent of their income for rentÐno Many of my conclusions on the negative ef- RESPONSIBILITY ACT OF 1997 more, no lessÐno matter what income they fects of higher cost-sharing on the poor are make. Get a better job, your rent goes up. taken from the RAND health insurance experi- HON. RICK LAZIO Work overtime to try to build a little savings, ment. The RAND experiment studied the rate OF NEW YORK to move your family out of public housing, of use of health services by assigning people IN THE HOUSE OF REPRESENTATIVES your rent goes up. to different levels of cost-sharing insurance Tuesday, January 7, 1997 When we tried to restructure the intent of programs. The results of that experiment the Brooke amendment last year, some of my should encourage us to take a good look at Mr. LAZIO of New York. Mr. Speaker, I colleagues protested, saying that our only goal the effect our decisions will have on the health come to the floor of the House today to intro- was to raise rents for low-income families. of the people we represent. duce the Housing Opportunity and Respon- Nothing could be further from the truth. Never- Mr. Chairman, the RAND experiment clearly sibility Act of 1997, a bill to bring hope and op- theless, this bill I am introducing today has a showed that with increased out-of-pocket portunity to millions of Americans now living in new way to eliminate the work-punishing pro- costs to the beneficiary; physician visits, hos- public housing across the country. visions of existing law by simply giving tenants pital admissions, prescriptions, dental and vi- It is fitting that I do this today, the first day a choice. Each year, the housing authority will sion visits, and mental health services use fell. of the 105th Congress, because the first day select a rent for each unit. The tenant then While adverse health effects on the average of a new Congress is about new beginnings. can choose whether to pay that rent or 30 per- person were shown to be minimal, statistics This legislation is about new ideas and new cent of their income, obviously choosing on the poor were rather disturbing. The study models, new opportunities for families and whichever is less expensive. That way, no one found that those with lower income levels suf- neighborhoods that for too long have fallen is asked to pay more than 30 percent of their fered adverse health effects in many cat- victim to the old way of doing business. income for rent, but we don't force them to egories under the cost-sharing plan. The poor For 60 years, we have asked local commu- keep paying higher and higher rents based on will forgo necessary medical attention as out- nities to live under one law for public housing, misguided Federal policies. of-pocket costs of those services rise. This is the 1937 Housing Act. Cities and neighbor- This Work Incentive Rent Reform is one ex- a fact that undermines the original intent of hoods, struggling with the challenge of provid- ample of the kind of compromise we can cre- this program. ing affordable housing for families and individ- ate that protects families, but still provides the Health areas most affected by a higher rate uals, have had to rely on a Depression-era type of opportunity we need to instill in Fed- of cost sharing for the poor are hypertension, law to provide that housing. A single, top- eral programs. rate of mortality, dental and vision care. As an down, cookie-cutter model for housing de- Last May, members from both sides of the example of these findings, those with lower in- signed to shelter urban factory workers and aisle voted for a very similar bill, the Housing comes who entered the experiment with high create jobs for out-of-work craftsmen in the Act of 1996. The House showed overwhelming blood pressure benefited more under the free 1930's is not the best way to do business support for reform by voting 315 to 107 in program than under the cost-sharing plan. today. favor of that bill. As we go forward with this Low-income groups have 46 percent more We ask a lot of local communities when it similar, but improved bill, I hope that Members dental visits on the lower cost-sharing plan comes to building and supporting affordable on both side of the aisle, Republicans and than on the higher. The higher income groups housing. It's time we gave them the tools they Democrats, will feel free to engage in con- use dental services 26 percent more under the need to get the job done right, so that families structive debate, to work with us to make lower cost plan. Near and far vision statistics get the housing they need in communities that these needed changes. also improved in the lower cost plan and pre- promote opportunity. Sixty years is a long time to wait for reform. dicted mortality rates fell approximately 10 By providing that opportunity and demand- We shouldn't ask low-income families to wait percent among the poor. In fact, Mr. Chair- ing responsibilityÐat all levels, from recipients another year. man, overall serious symptoms among the of assistance to those providing housing serv- TITLE BY TITLE SUMMARY OF THE HOUSING poor declined when the costs of care went icesÐwe take those first few steps toward cre- OPPORTUNITY AND RESPONSIBILITY ACT OF down. ating the kind of communities we can all take 1997 The determination made by this study and pride in. Many of my colleagues have com- The short title of the bill is the Housing others is that those with higher needs and plained that the problem is not the programs, Opportunity and Responsibility Act of 1997. lower incomes are not more likely to spend but simply how much money the Federal Gov- The bill repeals the United States Housing January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E59 Act of 1937 (the ‘‘1937 Act’’), removes dis- public or assisted housing. Exceptions in- private rental market and which would re- incentives for residents to work and become clude working families, senior citizens, dis- move disincentives to families obtaining em- self-sufficient, provides rental protections abled families, persons attending school or ployment and achieving self-sufficiency, for low-income residents, deregulates the op- vocational training, or physically impaired while maintaining income protections for eration of public housing authorities, and persons. the residents. gives more power and flexibility to local gov- Local Plans and Review. Requires each local Minimum Rent. Provides that a public hous- ernments and communities to operate hous- housing and management authority to sub- ing authority may establish minimum rental ing programs. mit to a local elected official or officials contributions between $25 and $50, provided The Housing Opportunity and Responsibil- that appoint the authority and then to the certain hardship exemptions are established. ity Act declares that it is the policy of the Secretary an annual Local Housing Manage- Designated housing for elderly and disabled federal government to, among other things, ment Plan that describes the mission, goals, families. Permits local housing and manage- promote the general welfare of the nation by objectives, and policies of the authority with ment authority to designate all or part of a helping families who seek affordable homes respect to meeting the housing needs of low- development as only elderly, only disabled, that are safe, clean, and healthy, and in par- income families. Discusses the standards by or only elderly and disabled as long as the ticular, assisting responsible citizens who which the Secretary may review Local Hous- designation is part of the Local Housing cannot provide fully for themselves because ing Management Plans, notice of approval or Management Plan. The authority must es- of temporary circumstances or factors be- disapproval, treatment of existing plans, and tablish that the designation is necessary to yond their control. These goals are to be authority of a public housing authority to meet certain goals and needs and include in- achieved by developing effective partner- amend plans. formation the supportive services and other assets that will be provided to serve the resi- ships among the federal government, state TITLE II—PUBLIC HOUSING and local governments, and private entities, dents. Block Grant Contracts. Provides general pa- Resident Management Initiatives. Allows which would allow government to accept re- rameters for block grant contracts (capital sponsibility for fostering the development of residents or non-profit resident management and operating funds) to be entered into be- corporations to assume the responsibility of a healthy marketplace, and allow families to tween the Secretary of Housing and Urban prosper and thrive by removing disincentives managing or purchasing a development. The Development (the ‘‘Secretary’’) and public corporation must be organized under state to work and barriers to self sufficiency. It housing authorities. An authority must states that the federal government cannot law, has as its sole voting members the resi- agree to provide safe, clean, and healthy dents of the development, and have the sup- through its direct action or involvement pro- housing that is affordable in return for as- vide for the housing of every American citi- port of its resident council (if one exists), or sistance. Requires the Secretary to make a alternatively, a majority of the households zen, but should promote and protect the block grant to a local housing and manage- independent actions of private citizens to de- of the development. Allows a public housing ment authority provided, in part, that the authority to contract with a resident man- velop housing and strengthen their own authority has submitted a community im- neighborhoods. agement corporations to manage one or provement plan, the plan has been reviewed more developments. TITLE I—GENERAL PROVISIONS and complies with the necessary require- Authorization of Appropriations. Authorizes Purpose. States that the purpose of the bill ments, and the authority is exempt from $2.5 billion as the appropriation level for is to provide affordable housing opportuni- local taxes or receives a contribution in lieu each fiscal year through 2002 for the capital ties to low income families by (1) deregulat- thereof. fund, and $2.9 billion through fiscal year 2002 ing and decontrolling public housing agen- Uses. Authorizes grant uses for production, for the operating fund. cies; (2) providing for more flexible use of operation, modernization, resident programs, TITLE III—CHOICE-BASED RENTAL HOUSING Federal assistance to housing authorities, al- homeownership activities, resident manage- lowing the authorities to leverage and com- ment activities, demolition and disposition Grants. Authorizes the Secretary to make bine assistance amounts with amounts ob- activities, payments in lieu of taxes, emer- grants to public housing authorities and au- tained from other sources; (3) facilitating gency corrections, preparation of Local thorizes contracts for one fiscal year. Formula Allocation. Requires the Secretary mixed income communities (4) increasing ac- Housing Management Plans, liability insur- to determine a formula for allocating assist- countability and rewarding effective man- ance, and payment of obligations issued ance based, in part, on census data, various agement of public housing authorities; (5) under the 1937 Act. needs of communities, and the comprehen- creating incentives for residents of dwelling Voluntary Voucher Conversion. Permits pub- sive housing affordability strategy of a com- units assisted by public housing authorities lic housing authorities, in accordance with munity, pursuant to a negotiated rule- to work; and (6)— recreating the existing the Local Housing Management Plans, to making process. Up to 50 percent of the funds rental assistance voucher program so that move toward a voucher program for certain that are unobligated by a local housing and the use of vouchers and relationships be- buildings after a cost-benefit analysis of management authority for a period of 8 tween landlords and tenants under the pro- maintaining and modernizing the building as months may be recaptured by the Secretary. well as an evaluation of the available afford- gram operate in a manner that more closely Administrative Fees. Sets administrative able housing. resembles the private housing market. fees for public housing authorities at 7.65 Income Definitions. Defines ‘‘adjusted in- Formula Determination. Provides for devel- percent of grant amount for the first 600 come’’ for purposes of this Act to mean the opment of a formula, through negotiated units at fair market rent for a two bedroom difference between the income of the mem- rulemaking, for distribution of block grant and 7.0 percent of the grant amount for all bers of the family residing in a dwelling unit amounts to public housing authorities. Pro- units in excess of 600. The Secretary may in- or the person on a lease and the amount of vides for interim allocations to public hous- crease this fee in certain circumstances. any income exclusions—some of which are ing authorities pending the development of a Authorizations. Authorizes $1,861,668,000 mandatory—for the family as determined by formula Prescribes that chronically vacant under this title as the appropriation level for HUD. Mandatory exclusions are for: (1) elder- units are ineligible to receive subsidy except each fiscal year through 2002. ly and disabled families; (2) reasonable medi- to the extent of paying utilities. Income Targeting. Not less than 40% of the cal expenses; (3) child care expenses; (4) mi- Family Income Eligibility. Limits occupancy families assisted with choice-based assist- nors residing in the household; and (5) cer- of public housing to families who, at the ance must be families with incomes at or tain child support payments. Discretionary time of the initial occupancy, qualify as low- below 30% of the area median income. exclusions include, but are not limited to de- income. Public housing authorities may cre- Portability. Establishes national portability pendents, travel expenses; and earned in- ate a selection criteria for incoming resi- for recipients of choice-based assistance. come. dents that are aimed at creating an income Resident Contribution and Rental Incidators. Drug/Substance Abuse. Permits a local hous- mix that reflects the eligible population of The resident contribution shall not exceed ing and management authority to prohibit that jurisdiction provided at least 35 percent 30% of the monthly adjusted income of the certain individuals with a history of drug or of the units are occupied by families whose family. Requires the Secretary to establish alcohol abuse from admission to units where income does not exceed 30 percent of area and to publish annually rental indicators for admission may interfere with the peaceful median income. Certain income and eligi- a market area that may vary depending on enjoyment of the premises by other resi- bility restrictions may be waived by an au- the size and type of the dwelling unit. The dents. thority that provides units to police officers, rental indicators shall be adjusted annually Community Work and Family Self-sufficiency law enforcement and security personnel. based on the most recent available data. Requirement. Requires adult residents of pub- Family Choice of Rental Payment. Families Homeownership Option. Allows public hous- lic housing or residents receiving assistance residing in public housing will have a choice ing authorities to use funds under this title under Title III to enter into an agreement as to whether they would rather pay a flat to assist low-income families toward home- which provides that the resident contribut4e rent for a unit, to be established by the pub- ownership. Eligible families must have an in- no less than 8 hours of work per month with- lic housing authority for each unit in its in- come from employment or sources other in the community in which the adult resides ventory, or to pay no more than 30% of the than public assistance, and must meet initial or participate on an ongoing basis in a pro- family’s adjusted income as rent. The pur- and continuing requirements established by gram designed to promote economic self-suf- pose is to allow public housing authorities to the authority. ficiency, and which sets a target date for create rental structures that would reflect Housing Assistance Payments Contracts. Al- when the family intends to graduate out of the asset value of the unit, similar to the lows public housing authorities to enter into E60 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 contracts with owners by which owners each chronically troubled public housing the real needs of the child. Similarly, prior to screen residents, provide units for eligible agency not later than 180 days after the date the commencement of any litigation and unlike families, and authorities make payments di- of the enactment. The Secretary may either current law, parents and schools will be re- rectly to owners on behalf of the eligible solicit proposals and take the necessary ac- quired to disclose their concerns about the families. The authority may enter into a tions to replace management of the agency contract with itself for units it manages or or take possession of the agency. child's education to the other party. I believe this will lead to conflict resolution and edu- owns. TITLE VI—REPEALS AND CONFORMING cation for the child, instead of more litigation Amount of Monthly Assistance Payment, AMENDMENTS Shopping Incentive and Escrow. States that and attorney's fees. the monthly payment for assistance under Provides for repeal of the United States Parental involvement is an important hall- Housing Act of 1937. However, the effective this title is in the case of a unit with gross mark of this bill. Under the bill, parents will be rent that exceeds the payment standard for date of this act is delayed for six-months after date of enactment to allow HUD time given the right to access all of their child's the locality, the amount by which the pay- records and participate in any decisions on the ment standard exceeds the amount of the to identify any technical corrections that resident’s contribution and, in the case of a would be required resulting from such repeal. placement of their child. Parents will be able unit with gross rent that is less than the In addition, the Secretary may delay imple- to receive regular, meaningful updates about payment standard, the amount by which the mentation (until no later than October 1, the progress their child is making, in another gross rent exceeds the resident’s contribu- 1998) of any section in order to avoid undue marked change from current law. This will fur- tion. Half of any savings under (b) are hardship or if necessary for program admin- ther ensure that a child with a disability re- escrowed into a fund on behalf of the tenant, istration, provided the Secretary notify Con- ceives a quality education, not simply passes gress. the remainder to be returned to the federal through an educational process. treasury. TITLE VII—AFFORDABLE HOUSING AND Finally, the bill will ensure that teachers TITLE IV—HOME RULE FLEXIBLE GRANT OPTION MISCELLANEOUS PROVISIONS have the tools they need to teach all children. Allows local governments and jurisdictions Include various miscellaneous provisions, The bill will shift decisions on the expenditure including a prohibition against HUD estab- to create and propose alternative programs of Federal training funds from the Federal for better delivery of housing services using lishing a national occupancy standards, funds that otherwise would have been pro- technical corrections to legislation govern- Government to States and localities. That vided to these localities through the federal ing the use of assisted housing by aliens, change will mean more general and special programs. Localities would be able to con- amendments to HOME and CDBG income eli- education teachers receiving the in-service solidate public housing and choice-based gibility to promote homeownership, and pro- training they need, instead of the pre-service rental assistance funds. The local plan would visions governing the use of surplus govern- training for special educators that the univer- have to meet certain federal requirements, ment property by homeless providers and sities desire. The bill will eliminate the inciden- and would be subject to approval by the Sec- self—help housing programs. tal benefit rule, which prevents schools from retary. HUD would enter into ‘‘performance f allowing even an incidental benefit from IDEA agreements’’ with the jurisdictions setting forth specific performance goals. IDEA IMPROVEMENT ACT OF 1997 funds from deriving to other students, even if doing so would result in substantial aggregate TITLE V—ACCOUNTABILITY AND OVERSIGHT PROCEDURES cost savings, which can be used to educate all HON. FRANK RIGGS children. Study of Various Performance Evaluation OF CALIFORNIA Systems, Establishment of Accreditation Board. I would like to briefly comment on the proc- Requires that a study be conducted of alter- IN THE HOUSE OF REPRESENTATIVES ess that has led to this bill's introduction. Dur- native methods to evaluate the performance Tuesday, January 7, 1997 ing the past 2 months, I met with a number of of public housing agencies, the results of members of the disability and education com- Mr. RIGGS. Mr. Speaker, I am pleased to which shall be reported to Congress by the munities to learn their views on last year's bill join Chairman GOODLING, and others, in the in- Secretary within six months of the date of and the need for reforming IDEA in general. troduction of the IDEA Improvement Act of enactment of this legislation. Six months During my discussions with the disability com- 1997. I will serve as the chairman of the Sub- after completion of the study and receipt by munity, they expressed their appreciation for Congress, a twelve-member Housing Founda- committee on Early Childhood, Youth and our initial intention to introduce a bill that is si- tion and Accreditation Board (the ‘‘Board’’) Families during the 105th Congress. I care lent on the issue of whether schools may is established with the purpose of developing deeply about ensuring that all children receive expel students with disabilities without edu- an alternative evaluation and accreditation a quality education. There is nothing more im- system for public housing authorities. cation services in cases where such expulsion Annual financial and performance audits. Re- portant to the future of our country than pro- is permitted by local law and where the child's quires each public housing authority to con- viding the opportunity for a high quality edu- actions are unrelated to their disability. duct an annual financial and performance cation for all Americans. I believe that this can I had taken that action as a sign of good audit. Procedures for the selection of an be achieved by working together to build on auditor, access to all relevant records, design faith that the topic of student discipline would what works: basic academics, parental in- be discussed in a fair and open manner by the of audit are described. The Secretary may volvement, and dollars to the classroom, not withhold the amount of the cost of an audit committee. Our hope was that all groups from an authority that does not comply with bureaucracy. would agree to such a free, democratic proc- this section. We must ensure that children with disabil- ess. Classification by performance category. Pro- ities are not denied the opportunity for a high Following my conversation with representa- vides for four classifications for housing au- quality education. The IDEA Improvement Act tives of the disability community, I was both thorities, including troubled housing au- of 1997 will help children with disabilities by surprised and saddened to receive a letter thorities. Requires an authority classified as focusing on their education instead of process from the co-chairs of the Consortium for Citi- troubled to enter into an agreement with the and bureaucracy, by increasing parents' par- Secretary that provides a framework for im- zens with Disabilities asking Chairman GOOD- proving the authority’s management. ticipation, and by giving teachers the tools LING and me not to introduce a bill at this time. Removal of Ineffective PHA’s. Authorizes the they need to teach all children. They indicated that there was insufficient time Secretary to (a) solicit proposals from other The bill I have cosponsored is nearly iden- in this new Congress for my Democrat coun- entities to manage all or part of the tical to the bipartisan IDEA Improvement Act terparts to consider a new bill. They were also authority’s assets, (b) take possession of all of 1996. That bill, which passed the House in concerned that the bill would be represented or part of the authority’s assets, (c) require June 1996 without a single dissenting vote, as having their support because it is based on the authority to make other arrangements made numerous changes to current law. The to manage its assets, or (d) petition for the last year's bill, the contents of which drew appointment of a receiver for the authority, 1997 bill changes the focus of the Act to edu- heavily from the disability and education group upon a substantial default by a housing au- cation, not process and bureaucracy. It en- consensus process that occurred in the spring thority of certain obligations. The Secretary sures evaluations for special education so that of last year. may provide emergency assistance to a suc- schools will consider whether other needs are I do not believe our introduction of the IDEA cessor entity of an authority. Allows an ap- the primary cause of a child's learning prob- Improvement Act of 1997, which has only pointed receiver to abrogate contracts that lems. These could include inability to speak technical changes from the bill that passed the impede correction of the default or improve- English, or lack of previous instruction in read- House unanimously last year, will result in any ment of the authorities classification, de- ing and math. undue difficulty for our committee's Demo- molish and dispose of assets in accordance with this title, create new public housing au- Another change focusing on education is in crats. Being based on last year's bill, the 1997 thorities in consultation with the Secretary. the area of due process. The IDEA Improve- bill draws from the four hearings and six drafts Mandatory takeover of chronically troubled ment Act will shift the focus of dispute resolu- that preceded the House's later bipartisan PHA’s. Requires the Secretary to takeover tion from litigation to mediationÐfocusing on passage of that bill. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E61 I certainly do not expect that this legislation No longer will teachers be forced to complete eral curriculum. Therefore, children remain in will be greeted by immediate, unconditional massive piles of unnecessary, federally re- special education because they lose contact support from all parties. I do, however, expect quired forms and data collection sheets. with what other children their age are learning that interested parties will use this new bill as These changes will mean more time for teach- and can no longer keep up. This legislation the basis of discussion in the coming months. ers to dedicate to their students, and fewer re- will ensure that the general curriculum is part Because the disability community has ap- sources wasted on process for its own sake. of every child's Individualized Education Pro- parently decided against supporting such a The IDEA Improvement Act will help cut gram [IEP] or justifies why it is not. process of open discussion, the cosponsors of costly referrals to special education by empha- The bill will assure parents' ability to partici- this bill and I have chosen to introduce a bill sizing basic academics in the general edu- pate in key decisionmaking meetings about which includes all provisions of the bill which cation classroom. In the 1994±95 school year, their children's education and they will have has received bipartisan support in the House 2.5 million of our Nation's 4.9 million special better access to school records. They will also of Representatives. That bill included provi- education children were there because they be updated no less regularly than the parents sions on cessation of education services. have learning disabilities. Many of these prob- of nondisabled students through parent-teach- Reauthorization of the Individuals with Dis- lems could be addressed with better academ- er conferences and report cards. Parents will abilities Education Act will be the first priority ics in the early grades. be in a better position to know about their of my subcommittee in the 105th Congress. The IDEA Improvement Act has addressed child's education, and will be able to ensure Chairman GOODLING and I will once again at- this issue in several ways. First, following that their views are part of the IEP team's de- tempt to reach a consensus with all of the every evaluation of a child for special edu- cisionmaking process. groups affected by our legislation. cation services, school personnel will need to The bill ensures that States will offer medi- f consider whether the child's problems are the ation services to resolve disputes. Mediation result of lack of previous instruction. Too has proved successful in the nearly three- IDEA IMPROVEMENT ACT OF 1997 often, children whose primary problems result quarters of the States that have adopted it. from a lack of reading skills enter special edu- This change will encourage parents and HON. WILLIAM F. GOODLING cation because their problem was not properly schools to work out differences in a less ad- OF PENNYSLVANIA addressed with basic academics. This change versarial manner. The bill will also eliminate IN THE HOUSE OF REPRESENTATIVES will result in fewer children being improperly attorney's fees for participating in IEP meet- Tuesday, January 7, 1997 identified as disabled because of their actual ings, unless they have been ordered by a need, lack of skills, will be noted and ad- court. The purpose of this change is to return Mr. GOODLING. Mr. Speaker, today over dressed in a general education setting. IEP meetings to their original purpose, dis- one dozen of my colleagues and I have intro- Second, the bill's discretionary training pro- cussing the child's needs. duced the IDEA Improvement Act of 1997, gram will provide necessary training for gen- Our legislation will reduce litigation under amending the Individuals with Disabilities Edu- eral education teachers that is not being pro- IDEA by ensuring that schools have proper cation Act [IDEA]. I have long been concerned vided today. Current Federal training grant notice of a parent's concerns prior to a due about ensuring that all children receive a high programs ultimately focus on their resources process action commencing. In cases where quality education. There is nothing more im- on pre-service training for special education parents and schools disagree with the child's portant to the future of our country than pro- teachers, because universities that receive the IEP, the school will have real notice of the viding the opportunity for a high quality edu- grants decide what the priorities for training parent's concerns prior to due process. We cation for all Americans. My colleagues and I are. While such training is important, where hope that this will lead to earlier resolution of believe this can be achieved by working to- local teachers and schools are given the op- such disputes without actual due process or gether to build on what works: that means im- portunity to decide what priorities are most im- litigation. proving basic academics, increasing parental portant, they consistently cite in-service train- Local principals and school administrators involvement, and moving dollars to the class- ing, particularly for general education teach- will be given more flexibility. There will be sim- room. ers, and pre-service training for early-grade plified accounting and flexibility in local plan- In my view, this bill represents a significant general education and reading teachers. This ning. No longer will accounting rules prevent step toward local schools delivering a high bill will refocus Federal efforts by putting the even incidental benefits to other, nondisabled quality education to all children with disabil- decision making power with States and local children for fear of lost Federal funding. ities. I have long supported improving the schools, who are in a better position to recog- The bill will make schools safer for all stu- quality of education for children with disabil- nize and serve their local needs. This will dents, disabled and nondisabled, and for their ities. Last year, I worked hard for the passage mean teachers will be better trained to teach teachers. Expanding upon current procedures of the IDEA Improvement Act of 1996, H.R. children in the critical early grades, which will for students with firearms, we will enable 3268. That bill passed the House in the 104th lead to better taught children and ultimately, schools to quickly remove violent students and Congress by a unanimous vote. I have also fewer special education referrals. those who bring weapons or drugs to school, long pushed the Appropriations Committee for Third, the IDEA Improvement Act will elimi- regardless of their disability status. The bill will increased funding for the Part B Program. Last nate many of the financial incentives for over- ensure that such children can quickly be year, my efforts were rewarded with over $700 identifying children as disabled. The change in moved to alternative placements for 45 days, million in new funding being appropriated to the Federal formula, which I will talk about during which time the child's teachers, prin- IDEA. shortly, will reduce the Federal bonus for iden- cipal, and parents can decide what changes, Like H.R. 3268, the IDEA Improvement Act tifying additional children as disabled. Hope- if any, should be made to the child's IEP and of 1997 focuses the act on children's edu- fully, States will follow suit, moving toward placement. cation instead of process and bureaucracy, similar formulas. The legislation will also en- The legislation will also ensure that disability gives parents greater input in determining the sure that States do not use placement-driven status will not affect the school's general dis- best education for their child, and gives teach- funding formulas that tie funds to the physical ciplinary procedures where appropriate. In dis- ers the tools they need to teach all children location of the child. Such incentives encour- cipline cases, the child's Individualized Edu- well. These are the changes that are nec- age children to be placed in more restrictive cation Program team will determine whether essary to provide a high quality education for settings, from which they are less likely to the child's actions were a manifestation of his all children with disabilities. ever leave. They also encourage placement in or her disability. If they were not, schools will The changes in the IDEA Improvement Act special education in the first place, particularly need to take the same action with disabled will have a real and positive impact on the children with mild disabilities that might best children as they would with any other child. lives of millions of students with disabilities. be served in general education classrooms This would include expulsion in weapons and When enacted, the bill will help children with with more assistance, instead of separate drug cases where that is permitted by local or disabilities learn more and learn better, which classrooms. State law. should be the ultimate test of any education The legislation will also help ensure that as- Finally, I would like to talk about the funding law. Students with disabilities will now be ex- signment to special education is not perma- which will determine how much of the Federal pected, to the maximum extent possible, to nent. Children are often referred to special appropriation each State will receive. Let me meet the same high educational expectations education in early grades and then never say first of allÐno State will lose funds that have been set for all students by States leave. Part of the problem lies with the child through the first 5 years of the transition to the and local schools. There will be an emphasis not keeping pace with their peers. Special new formula. This bill moves from allocating on what works instead of filling out paperwork. education plans often have no link to the gen- funds to the States based on a ``child count'' E62 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 of children with disabilities to a population- tially making the bill silent on the issue of While I had previously stated that I intended based formula with a factor for poverty. The ceasing education services to children with to introduce a bill that included a sign of good new formula is based 85 percent on the num- disabilities who have been expelled because faith for the disability community, I must take ber of children in the State and 15 percent on of their conduct. We intended to do so as a the cochairs' letter as a rejection of that sign. State poverty statistics. This is a major step in sign of good faith to the disability community, For that reason, I have chosen not to intro- the move to reduce the overidentification of who had indicated their discomfort with those duce such a bill. Instead, I have introduced a children as disabled, particularly African-Amer- provisionsÐa sign that we intended to have a bill that saw unanimous passage just 7 ican males who have been pushed into the full public debate on this issue. I expected that months ago in the House. special education system in disproportionate this gesture would be taken as a welcome The IDEA Improvement Act is the most im- numbers. sign by these groups. My expectation was that portant change to America's special education In addition no State should ever receive less they would respond by indicating their willing- system since the passage of Public Law 94± than it received in fiscal year 1996. Because ness to participate in a vigorous public debate 142 in 1975. Overall, America's special edu- of the substantial increase in IDEA Part B about this and other important issues sur- cation system as currently structured has not funding appropriated by the Congress for fis- rounding the education of children with disabil- accomplished what is necessary to educate all cal year 1997, 49 States will never receive ities. I was greatly disappointed to learn that children with disabilities. There is broad agree- less than they received last year. And that this was not the reaction of the disability com- ment on the need to change. Results are im- final State will never be affected if there are munity. portant. Accountability is important. I believe modest increases in IDEA funding between On December 20, 1996, the cochairs of the this bill will help give America's children with now and fiscal year 2007, and if not, only then Consortium for Citizens with Disabilities sent a disabilities what they were promised 21 years in 2007. letter to me and Representative RIGGS asking The Clinton administration recognized the that we postpone introduction of IDEA reform ago: the real opportunity to receive a high problem with the current system when it pre- legislation. They said that while they ap- quality education. I urge my colleagues to join sented its proposal to the 104th Congress, plauded our earlier decision to introduce legis- us in this effort. suggesting a population-based formula with fu- lation that was silent on the issue of cessation, f ture funding. Many of my Democratic col- they had other concerns about other issues leagues also recognized the importance of this addressed in the 1996 bill. More pointedly, the IN SUPPORT OF REP. BOB DOR- change when they introduced that bill last year letter remarked that ``no disability organization NAN’S REQUEST FOR A FORMAL as H.R. 1986. In 1994, the Department of supported [the 1996] legislation.'' INVESTIGATION BY THE HOUSE Education's Inspector General recommended The cochairs wrote briefly about the consen- OVERSIGHT COMMITTEE changing the formula exactly as we have sus process that led to the final form of the changed it in this bill. They called the current 1996 bill, and thus, the IDEA Improvement Act formula a ``bounty system'' that encourages of 1997. The consensus process occurred last HON. CLIFF STEARNS putting children in special education when they year when disability and education groups OF FLORIDA should not be. asked me if the bill's markup could be post- IN THE HOUSE OF REPRESENTATIVES The IDEA Improvement Act of 1997 reflects poned so that these groups could make con- an 18 month process of bipartisan efforts to sensus recommendations. About 85 percent of Tuesday, January 7, 1997 improve upon IDEA. Because of the bipartisan the ``consensus group'' recommendations Mr. STEARNS. Mr. Speaker, today I was of- passage of last year's bill, the bill we introduce were incorporated into the 1996 legislation. ficially sworn in as a member of the 105th today contains only a few technical changes The cochairs' letter said that the disability Congress as were my 434 colleagues. from last year's bill. These changes include community's purposes in supporting the con- I was heartened to learn that although Ms. moving forward by 1 year various implementa- sensus document was ``to keep the legislative LORETTA SANCHEZ was sworn in to represent tion dates within the bill and the inclusion of process moving'' and that they ``have never the 46th district of California, this would in no private school and charter school representa- supported, and will never support, the consen- way prejudice Congress' consideration of the tives on State advisory boards. The latter sus document as an acceptable final set of request made by former Representative Bob change was inadvertently left out of the bill as recommendations that should be enacted into Dornan that Congress initiate a formal inves- it passed the House in June 1996. In all other law without further revision.'' tigation into certain voter irregularities, which ways, the IDEA Improvement Act of 1997 is I was saddened to receive this letter. I sim- have occurred in the election in District 46, identical to last year's bill. ply find it hard to believe that it would be inap- California on November 5, 1996. Ensuring a quality education for students propriate to introduce legislation to reform a I would caution my colleagues that this is with disabilities through the IDEA Improvement law when very similar legislation has been ac- not some bogus demand being made as a Act of 1997 is my committee's No. 1 edu- tively debated during the previous 18 months; vendetta, nor is it groundless and without cational legislative priority. As such, Sub- has seen six distinct incarnations circulated or merit. There are proven cases of voter fraud committee Chairman FRANK RIGGS will hold a introduced; has seen four hearings held during in this election, which have already been ac- pair of hearings in February with full commit- the 104th Congress; and has seen passage of knowledged and verified. My major concern is tee consideration coming soon thereafter. It is that legislation by the House of Representa- that we must not allow our election process to our intention to have the IDEA Improvement tives without a single dissenting vote less than become a sham merely because it is per- Act of 1997 passed by the House prior to the 7 months before. ceived to be politically correct. As a result of end of this spring. I was troubled as well by the group's posi- an initial investigation into this matter, an arm Before closing, I would also like to comment tion on the consensus recommendations and of the office of the Immigration and Naturaliza- on the developments of the last 8 weeks that their incorporation into our 1996 bill. Neither I, led to this bill's introduction. In November, nor any of our committee's members, believed tion Service [INS] has already been ordered by INS to shut down its citizenship testing pro- Subcommittee Chairman FRANK RIGGS had a that the consensus recommendations would number of conversations with interested indi- be enacted into law without change. We un- gram as of January 6, 1997. viduals and groups about IDEA and our com- derstood that further debate and a conference Have we forgotten the struggles of minority mittee's plans for introducing a new IDEA Im- with the Senate would be necessary before citizens and women and their efforts to attain provement Act. At that time, Representative the law would be enacted. the right to vote? RIGGS stated our committee's intention to Given this letter, I must believe that certain Mr. Speaker, this request is not without leave certain provisions out of the 1997 bill segments of the disability community are not precedent, I call to your attention McCloskey that were included in the 1996 bill. These pro- interested in debating these important issues. and MCINTYRE in the 99th Congress, 1st ses- visions related to the ability of States and lo- They are not interested in releasing a working sion or Roush versus Chambers 87th Con- calities to discipline all students, including stu- legislative document to the public at large for gress, 1st session. These two cases involved dents with disabilities whose actions are unre- the consideration of all interested parties. That dispositions to the House concerning Federal lated to their disability, in accordance with position is absolutely contrary to mine. As elections. local policy. This would include expulsion with- chairman, I am interested in an open discus- This country prides itself the fact that we are out educational services where that practice is sion of reform options in a public hearing a democracy and abide by the axiom of ``One permitted by local law for students with weap- where everyone can comment on a range of man; one vote.'' However, I would like to ons or illegal drugs. proposals. The IDEA Improvement Act serves quote a well known playwright who wrote: ``It's At that time, we had decided to leave those that purpose well, and I am proud to be its not the voting that's democracy; it's the count- 1996 bill provisions out of the 1997 bill, essen- sponsor. ing.'' January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E63 [From the Washington Post, January 4, 1997] A spokesman for Hermandad, Jay Lindsey, by providing diabetes self-management train- INS HALTS INTERVIEWS AT CALIFORNIA said the group takes the allegations ‘‘very ing under Medicare. The bill will also expand ORGANIZATION seriously’’ and is conducting a review to de- coverage of blood testing strips to include all (By William Branigin) termine if any regulations were violated. He denied that the group knowingly committed people with type II diabetes. Self-management With allegations of vote fraud continuing voter fraud and said ‘‘we do not engage in training and access to blood testing strips are in one of the most hotly contested congres- politics.’’ crucial to controlling the high health care costs sional elections, the Immigration and Natu- Some Hermandad sites are affiliates of associated with this disease. It is known that ralization Service is distancing itself from Naturalization Assistance Services, Inc., one when diabetics keep their blood glucose level an organization that reportedly registered of five companies designated by INS to con- immigrants to vote before they became citi- as close to normal as possible, the risk of duct citizenship classes and testing. The firm complications can be reduced by as much as zens. ran into trouble last year after evidence of The INS this week suspended citizenship 65 percent. fraud was found at some of its sites. Last I encourage my colleagues to support this interviews at three Los Angeles area offices week, the INS ordered it to shut down its of Hermandad Mexicana Nacional, a Hispanic citizenship testing program on Jan. 6. legislation. and immigrant rights group, pending the Hermandad also has sites affiliated with I am including for the RECORD the following outcome of voting probe. To streamline the another company, which will continue to ad- statements from organizations in support of naturalization process, the INS had been minister citizenship tests and prepare appli- this legislation: The American Diabetes Asso- conducting final citizenship interviews at cants for INS interviews. ciation, the Juvenile Diabetes Foundation, the the group’s offices with applicants who had f passed English and civics tests administered American Association of Diabetes Educators, the American Dietetic Association, the Endo- by Hermandad. IN SUPPORT OF THE MEDICARE According to published reports, dozens of crine Society, Eli Lilly and Co., and the Com- Hermandad clients illegally registered to DIABETES, EDUCATION AND SUP- munity Retail Pharmacy Coalition. PLIES ADMENDMENTS vote after passing the tests and the INS STATEMENT BY THE AMERICAN DIABETES ASSO- interviews, but before they being sworn in as CIATION IN SUPPORT OF LEGISLATION TO IM- citizens. Some said they had registered to HON. GEORGE R. NETHERCUTT, JR. PROVE MEDICARE COVERAGE FOR PEOPLE vote at Hermandad offices while INS officers OF WASHINGTON WITH DIABETES were present. There are few, if any, issues facing the na- IN THE HOUSE OF REPRESENTATIVES Of more than 1,300 people registered by tion that have stronger bipartisan support Hermandad last year, nearly 800 reportedly Tuesday, January 7, 1997 than the diabetes Medicare reform legisla- cast ballots Nov. 5. At least some of them Mr. NETHERCUTT. Mr. Speaker, as Co- tion being introduced today by Representa- voted in the California district in which Rep. tives Elizabeth Furse and George Robert K. Dornan, 63, a Republican, lost by Chair of the Congressional Diabetes Caucus, Nethercutt. There are none, in our opinion, 979 votes to Democrat Loretta Sanchez, 36. it is with pleasure that I support the Medicare for which there is a greater need. Dornan blamed his defeat on alleged irreg- Diabetes Education and Supplies Amend- Diabetes is a prevalent, serious and costly ularities, including voting by noncitizens ments of 1997, introduced today by Rep- disease and is increasing at a shocking rate. and felons. He filed a complaint with the resentative ELIZABETH FURSE. Representative Since the ’60s the number of cases has tripled House seeking to overturn the election re- FURSE and I formed the Congressional Diabe- to 16 million. Since 1992, the direct costs of sult. Sanchez, a member of the district’s tes Caucus to promote awareness of diabetes caring for people with diabetes have doubled growing Hispanic population, said a recount to its current sum of $91.1 billion a year. had confirmed her victory. She is scheduled and its consequences within Congress. This This figure does not begin to account for the to be sworn in when Congress convenes Tues- bill is an important step toward providing dia- staggering losses in productivity for our day. betics with the tools they need to control the economy and well-being to Americans. When ‘‘I don’t want to be the first person in his- negative repercussions and cost of diabetes. indirect costs are included, diabetes costs tory, man or woman, House or Senate, to be When my daughter, Meredith, was diag- our economy nearly $138 billion a year, more voted out of office by felons, by people vot- nosed with the disease in 1987, I became ac- than any other single disease. ing who are not U.S. citizens, who are felons tively involved with learning more about the Medicare alone spends one-quarter of its or children or people not allowed to vote,’’ disease, its causes, complications and the budget, nearly $27 billion a year, treating Dornan said in a television interview last people with diabetes. Approximately half of month. He charged that up to 1,000 nonciti- cost to American society. Before entering Con- all diabetes cases occur in people older than zens and felons had cast ballots. gress, I also served as president of the Spo- 55 years of age. However, the complications Republican members of a House sub- kane chapter of the Juvenile Diabetes Foun- and hospitalizations associated with the dis- committee have accused the INS of improp- dation. ease (blindness, amputation, kidney failure, erly naturalizing criminals in a rush to Over 16 million Americans suffer from dia- heart disease and stroke) can be delayed or produce new pro-Democratic voters in time betes. The resulting financial cost to society is avoided altogether with proper care. Our na- for the Nov. 5 elections. staggering. An estimated $138 billion or 14 tion is only now coming to this realization. The Los Angeles Times reported last week The improvement in diabetes care em- that 19 noncitizens acknowledged voting in percent of U.S. health care dollars, is spent on bodied in this legislation represents the only the Dornan-Sanchez race before completing diabetes. The last several years have been preventive care measure ever scored (ana- the naturalization process. All said they had encouraging for those working to find better lyzed for its economic implications) by the registered to vote at Hermandad, 18 of them treatments and a cure. Last year, doctors suc- Congressional Budget Office (CBO) to save after taking citizenship classes there and cessfully transplanted insulin-producing cells money. According to the CBO analysis, each passing a test and INS interview, the paper into patients with type I diabetes. Researchers day Congress waits to enact these Medicare reported. They did not say whom they voted have also located genetic markers for diabe- reforms costs taxpayers an additional for. tes, which should make it possible to identify $500,000. The Orange County Register reported that This legislation, which incorporates two 30 Hermandad clients had registered to vote patients at high risk. Additionally, the vaccine bills introduced in the 104th Congress, H.R. weeks before they were sworn in, although BCG has induced long-term remission of dia- 1073 and H.R. 1074, has widespread support on all but four became citizens before the elec- betes if given during the earliest stage of the both sides of the aisle. H.R. 1073 had 250 co- tion. It is nevertheless a felony under state disease. sponsors in the last Congress. Of the more law to register to vote before becoming a cit- I am confident that a cure for diabetes is than 4,000 bills introduced in the 104th Con- izen. Under a new federal immigration law, within our reach. In the meantime, however, gress, only 12 had more cosponsors. noncitizens who vote are ineligible for natu- the Federal government must avail itself of ad- During the fall election campaign, 180 ralization and can be deported. members of the incoming 105th Congress The Orange County District Attorney’s Of- vances in treatment knowledge. In the private demonstrated support for improving diabetes fice began investigating ‘‘possible registra- sector, we have seen that comprehensive dia- coverage by completing the American Diabe- tion and voting’’ by ineligible persons, but betes education reduces both diabetes spe- tes Association’s Diabetes ’96 Candidate Sur- has not collected enough evidence to pros- cific complications and overall health care vey. Two hundred and eighty-nine (289) Mem- ecute anyone, Assistant District Attorney costs. For example, Merck-Medco Managed bers of the 105th Congress either cosponsored Wallace Wade said. Care, Inc. has realized a total per diabetic pa- legislation or signed the Candidate survey. Richard Rogers, INS district director in tient health care cost reduction of $441 since Of the 289 supporters, 116 (40.1%) are Repub- Los Angeles, said that pending the investiga- licans and 173 (59.9%) are Democrats. tion, the INS would no longer interview citi- beginning an innovative diabetes education Leaders of both political parties have stat- zenship applicants at three Hermandad test- program. ed their strong support for this legislation. ing sites, requiring applicants to come to an The Medicare Diabetes Education and Sup- This legislation was included in President INS office. He said INS officers would rou- plies Amendments of 1997 will employ some Clinton’s FY ’97 budget proposal and accord- tinely ask applicants if they had voted. of the knowledge learned in the private sector ing to the White House, will be included in E64 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997

FY ’98. Minority Leader Gephardt has noted STATEMENT BY THE AMERICAN ASSOCIATION OF For an average $50 visit to a diabetes edu- that the provisions of the bill, if enacted, DIABETES EDUCATORS IN SUPPORT OF LEGIS- cator, $30,000 amputations, like H.L.’s, can ‘‘would help every individual and family cop- LATION TO IMPROVE MEDICARE COVERAGE be prevented not only saving the money ing with diabetes and save billions of dollars FOR PEOPLE WITH DIABETES AND TO SUP- spent on the procedure, but the costs of fur- in future Medicare spending.’’ PORT DIABETES SELF-MANAGEMENT TRAIN- ther treatment and rehabilitation. ING Today, on behalf of the 10,000 diabetes edu- Speaker Gingrich cosponsored identical The American Association of Diabetes cators from around the country, the Amer- legislation (H.R. 4264) in the 104th Congress ican Association of Diabetes Educators and has said that addressing diabetes is one Educators, which has more than 10,000 health care professionals who teach people with dia- strongly supports congressional action on of his top four legislative priorities. During this important diabetes legislation to benefit betes how to manage their disease, supports the fall election campaign, Presidential can- the more than 16 million Americans afflicted the diabetes reform legislation being intro- didate Robert Dole noted that ‘‘improved with this disease. Medicare and private insurance coverage of duced today by representatives Elizabeth Furse and George Nethercutt. necessary diabetes supplies and education STATEMENT OF THE AMERICAN DIETETIC ASSO- This legislation, which incorporates two would save lives and reduce the cost of diabe- CIATION IN SUPPORT OF DIABETES SELF- bills introduced in the 104th Congress, H.R. tes-related illnesses to both the taxpayer and MANAGEMENT TRAINING 1073 and H.R. 1074, would provide diabetes the private sector.’’ The American Dietetic Association, the outpatient self-management training serv- world’s largest organization of nutrition pro- The growing awareness of the seriousness ices under Part B of the Medicare program fessionals, strongly supports legislation of diabetes, along with the strong support of and uniform coverage of blood-testing strips which would provide coverage of diabetes President Clinton, Speaker Gingrich and for individuals with diabetes. outpatient self-management training serv- Congress, is crystal-clear mandate for imme- We know the critical role diabetes edu- ices under Part B of the Medicare program. diate action to improve Medicare coverage cation plays in the treatment of this disease. Dietitians recognize that self-management for diabetes. There is no reason to wait. Any Each day we help people with diabetes lead training—which includes medical nutrition delay necessarily risks the health of the 3 healthy, productive lives. Each day we help therapy—is essential if individuals with dia- million seniors diagnosed with diabetes and to prove that diabetes education saves lives betes are to successfully manage their dis- will waste millions of taxpayers dollars. and potentially billions in Medicare expendi- ease. tures each and every year. Numerous studies, such as the Diabetes While difficult for some, these modifica- Control and Complications Trial, have shown JDF SUPPORTS LEGISLATION TO EXPAND MED- tions can dramatically reduce some of the that control of blood sugar levels can help ICARE COVERAGE FOR DIABETES-RELATED more serious and expensive complications patients prevent or delay diabetes-related SERVICES which result from untreated diabetes. complications. A study conducted in 1994 by There are many case studies that prove the The Juvenile Diabetes Foundation Inter- the International Diabetes Center in Min- importance of diabetes education and self- national (JDF), which gives more money di- neapolis, MN, for The American Dietetic As- management. Take for instance the case of sociation showed that persons with non-insu- rectly to diabetes research than any other Mr. H.L. non-profit health agency in the world, lin dependent diabetes mellitus—also known H.L. is a 72-year old Medicare subscriber as type II diabetes—can better control their strongly supports expedited passage of legis- who has had insulin-treated diabetes for the lation which would make available to mil- blood sugar levels, weight and cholesterol past 17 years. Six years ago, H.L. averaged with medical nutrition therapy. Medical nu- lions of older Americans the diabetes self- two hospital admissions per year for uncon- management training and critical testing trition therapy is the use of specific nutri- trolled diabetes. He was at high risk for car- tion services to treat a chronic condition, ill- equipment needed to attain better control of diovascular disease because of cholesterol blood glucose levels, thereby helping to ness or injury. At all phases of the six-month levels 11⁄2 times normal. And, tragically, his delay debilitating and life-threatening com- study, medical nutrition therapy provided by right leg was amputated below the knee. a registered dietitian resulted in improve- plications. It is imperative that, while we You see, H.L. had walked for a day in wet pursue the longer-term objective of a cure ments in patients’ fasting plasma glucose shoes. Because he had a lack of feeling in his (FBG) and glycated hemoglobin levels for diabetes through research, all people bat- feet, he didn’t realize an ulcer had developed tling this insidious and devastating disease (HBA1c) compared to levels at the onset of on his foot until it was many days later— the study. have access to the most advanced, proven di- much too late for treatment. Medical nutrition therapy is a cornerstone abetes management regimens and tech- H.L. had never been taught to monitor his of self-management training and has been nologies available. This additional Medicare blood glucose levels—and he hadn’t been told proven to significantly save health care coverage makes tremendous economic sense that he needed to regularly examine his feet costs by reducing the incidence of complica- for the country as well, given the fact that and legs for any abnormalities. tions—including lower extremity amputa- treatment for diabetes-related complications Now, six years later, H.L. tests his own tions, kidney failure, blindness, heart at- accounts for more than 27 percent of the blood glucose levels each day. His choles- tacks and frequent hospitalization. An inter- total Medicare budget. terol levels are within the normal range. nal analysis of nearly 2,400 case studies sub- Despite medical and technological ad- And, despite having an increased risk of an- mitted by American Dietetic Association vances, people with diabetes continue to die other amputation, H.L. has his left leg and members show that on average more than and suffer life-threatening complications as has not been admitted to the hospital for un- $9000 per case can be saved in type I diabetes a result of the disease. JDF believes that ul- controlled diabetes since he began self-man- (insulin-dependent) cases with the interven- timately, through research advances, a cure agement training. tion of medical nutrition therapy. Interven- for diabetes and its devastating complica- We cannot win the fight against diabetes tion in type II diabetes cases showed a sav- tions will be found, resulting in millions of without empowering individuals with the ings of nearly $2000 per case. lives and billions of dollars saved. The public skills to manage this disease. Because no Enactment of legislation providing cov- and private sector support for diabetes re- cure is currently available for diabetes, dia- erage for diabetes self-management training search has led to substantial progress. The betes education is one of our only and most will correct a monumental oversight in Med- Congress’ steadfast support for medical re- potent weapons. icare coverage by providing the essential search funding through the National Insti- Armed with this weapon, H.L. has pre- training and nutrition services that have tutes of Health has not only brought us clos- vented the amputation of his left leg—as been recognized as critical to the treatment er to a cure for diabetes, it has also produced well as the frequent and costly hospitaliza- of diabetes. The nearly 70,000 members of new and better management techniques tions when this disease became uncontrol- The American Dietetic Association strongly which would have been unimaginable only lable. support action by the congressional leader- two decades ago. Recent studies show that Now is the time to make a dramatic im- ship to enact this important legislation im- pact on the Medicare system—and more U.S. health expenditures for people with dia- mediately. imporantly—on the lives of people with dia- betes exceed $130 billion per year, or one out betes. Now is the time to recognize that dia- STATEMENT OF P. MICHAEL CONN, PH.D., of every seven health care dollars. Clearly, betes education pays for itself over a rel- PRESIDENT, THE ENDOCRINE SOCIETY, ON increased public and private support for atively short period of time—and will save BILL FOR DIABETES MANAGEMENT PRO- medical research is critical to controlling billions in Medicare expenditures each year. GRAMS health care costs. How is this possible? Consider that for an ‘‘The Endocrine Society applauds the ef- The Juvenile Diabetes Foundation Inter- average $50 visit to a diabetes educator, peo- forts of Reps. Elizabeth Furse and George national (JDF) is dedicated to supporting re- ple like H.L. can learn how to eliminate Nethercutt, whose goal is to improve the search to find a cure for diabetes and its $1,000 per day hospital stays. quality of life for patients with diabetes. And complications, and to improving the lives of For an average $50 visit to a diabetes edu- as a constituent of the Congresswoman from people with diabetes through research cator, people can save the hundreds of thou- Oregon, I extend special recognition to her progress. JDF is a not-for-profit, voluntary sands of dollars spent each year treating car- for her bill. health agency with over 100 chapters in the diovascular disease and kidney disease asso- ‘‘The state of diabetes care in the U.S. U.S. alone. ciated with diabetes. calls for the kind of reform proposed in this January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E65 legislation. In too many instances, people vulnerable points in the progression of diabe- tary retirees and their dependents to volun- with diabetes do not have access to the man- tes. tarily participate in the Federal Employee agement programs and equipment necessary Lilly believes the Furse-Nethercutt bill Health Benefits Program. to properly care for their illness. Without will prove to be extremely valuable as a pre- We recruit young men and women to serve these management tools, diabetic patients vention measure for people with diabetes, in our nation's military with a promise that the face higher risks of the long-term complica- while helping reduce future Medicare costs. tions that rob them of their sight and mobil- government will provide them health care for ity. COMMUNITY RETAIL life. While this is not a contract, many men ‘‘Diabetes is a chronic illness, but one that PHARMACY COALITION, and women enlist with the good faith belief can be controlled—even reversed—when pa- Alexandria, VA, January 7, 1997. that we will provide their medical needs for tients have access to and follow appropriate Hon. ELIZABETH FURSE, when they retire. After these men and women management programs under the care of an House of Representatives, have served their country and turned 65, the endocrinologist. Medical science has shown Washington, DC. Department of Defense reneges on its prom- that complications of diabetes do not have to DEAR REPRESENTATIVE FURSE: The Commu- ises, turns them away from its insurance pro- happen. Costs associated with chronic ill- nity Retail Pharmacy Coalition is writing to grams and effectively denies them access to nesses have been identified as a significant indicate its support for your bill to improve its medical treatment facilities. health care crisis that we will face in the fu- Medicare coverage of outpatient self man- ture, according to a study released in No- agement training and blood testing strips for The Department of Defense is the only large vember 1996 by the Robert Wood Johnson diabetics. The Coalition consists of the Na- employer in this nation that kicks its retirees Foundation. An earlier taxpayer-funded tional Community Pharmacists Association out of its health insurance programs. But it study has already proven that management (NCPA), representing independent retail does not need to be. Civilian employees in the programs reduce complications from diabe- pharmacy, and the National Association of same Department of Defense, and throughout tes. Chain Drug Stores (NACDS). Collectively, the government, are given the opportunity to ‘‘Fewer complications means a greater the 60,000 retail pharmacies represented by participate in one of the finest health insur- quality of life for the 16 million Americans the Coalition provide 90 percent of the 2.3 ance programs in the country. The Federal with diabetes and a lower health care bill for billion outpatient prescriptions dispensed Employees Health Program is an established all Americans. Our Medicare program needs annually in the United States. health insurance program that enables em- the common-sense, cost-saving reform pro- This program will help reduce the rel- posed in this bill. As soon as it is passed, we atively high percentage of Medicare expendi- ployees to choose from a range of health in- will begin to invest in economical diabetes tures which result from caring for Medicare’s surance packages. Federal retirees, unlike prevention programs that improve patients’ significant diabetic population. We under- their counterparts who served in the military, lives and save the country’s health care dol- stand that this program will save Medicare are not dropped from their insurance plans lars.’’ $1.6 billion over the next six years. Allowing when they turn 65 and are not placed at the Medicare beneficiaries to use their local re- bottom or priority lists. Instead they are treated LILLY SUPPORTS MEDICARE COVERAGE tail pharmacy provider to obtain this edu- with the respect and dignity that they deserve. IMPROVEMENT FOR DIABETES PATIENTS cation and training makes sense. The na- My legislation ensures that all federal retir- Representatives Elizabeth Furse (D-1st- tion’s community retail pharmacies already ees, whether they served their nation as a OR) and George Nethercutt (R-5th-WA) will provide a convenient location for Medicare member of the armed forces or as a civilian introduce a bill requiring Medicare coverage beneficiaries to obtain the supplies that they employee, are treated with the same dignity need to help manage their diabetes, such as of self-management training services and and have an equal opportunity to participate in blood testing strips, important preventive insulin and test strips. The Coalition supports this bill, but asks the Federal Employees Health Benefits Pro- measures for people with diabetes who want gram. to stay healthy and avoid complications. Eli that you assure that pharmacists meeting Lilly and Company vigorously supports the the educational requirements to participate f Furse-Nethercutt diabetes bill. in the program are, in fact, eligible for pay- ment for these services under Medicare. The THE ENTERPRISE RESOURCE More than 16 million Americans have dia- BANK ACT OF 1996 betes, a serious disease that affects the bill defines a ‘‘provider’’ as an individual or body’s ability to produce or respond properly entity that provides other items or services to insulin, a hormone that allows blood to Medicare beneficiaries for which payment HON. RICHARD H. BAKER sugar to enter the cells of the body and be may be made. Pharmacies already provide OF LOUISIANA such items and would appear to qualify as a used for energy. Approximately half of all di- IN THE HOUSE OF REPRESENTATIVES abetes cases occur in people older than 55. ‘‘provider’’ under this bill. However, phar- Studies show that providing coverage for macies are not currently classified as ‘‘sup- Tuesday, January 7, 1997 diabetes supplies, and self-management pliers’’ under the Medicare program, and we Mr. BAKER. Mr. Speaker, today I am intro- training directly helps people with diabetes urge that your bill do so to assure that phar- ducing legislation, with my distinguished col- avoid devastating and costly complications macies qualify under this important pro- gram. league, the Minority Leader of the Capital Mar- like kidney failure, heart attack, stroke, kets Subcommittee, Rep. PAUL KANJORSKI (D- blindness and amputations. We believe that similar programs to in- crease quality and reduce costs could be de- PA), to reform the Federal Home Loan Bank According to the American Diabetes Asso- System (FHLB). Throughout the 104th Con- ciation, diabetes costs the U.S. $138 billion a veloped for other disease states that are year in health costs. About one-fourth of the common in the Medicare population, such as gress, Mr. KANJORSKI and I have worked dili- Medicare budget (nearly $30 billion a year) is asthma and high blood pressure. We would be gently to craft a bi-partisan reform bill. This devoted to treating diabetes and its com- very willing to work with you on developing legislation reflects the product of our sub- plications. People on Medicare are one-and- such programs. We acknowledge and applaud committee from April of last year. a-half times more likely to have diabetes your leadership in increasing the quality of While this bill reflects general consensus and its complications than other persons. care for diabetics who are covered by Medi- among members of the subcommittee, we are Yet Medicare does not cover the tools to care. Sincerely, committed to working with other members of properly manage their disease. the full committee as well as the Administra- Two-thirds of diabetes expenditures are re- RONALD L. ZIEGLER, President and Chief Executive Officer, tion to craft a bill that reflects most concerns. lated to the complications of the disease. Greater attention will be given to the regula- The American Diabetes Association esti- NACDS. mates that up to 85 percent of the complica- CALVIN N. ANTHONY, tion and governance of the Bank System, the tions associated with diabetes can be pre- Executive Vice President, NCPA. proper capital structure, the membership pro- vented. Yet today, only 30 percent of all pa- f file, and the mission of the system. tients receive any type of diabetes self-man- The Federal Home Loan Bank System was agement training. INTRODUCING THE HEALTH CARE established in 1932 primarily to provide a Lilly is a leader in diabetes care, celebrat- COMMITMENT ACT source of intermediate- and long-term credit ing 75 years of lifesaving Lilly insulin in for savings institutions to finance long-term 1996. In addition to providing disease treat- HON. JAMES P. MORAN residential mortgages and to provide a source ments, Lilly specializes in diabetes edu- for liquidity loans for such institutions, neither cation, teaching patients about the roles of OF VIRGINIA diet, exercise, medication and monitoring IN THE HOUSE OF REPRESENTATIVES of which was readily available for savings in- stitutions at that time the Federal Home Loan their blood glucose levels to best manage Tuesday, January 7, 1997 their disease. Through our PCS subsidiary’s Bank system was created. Information Warehouse of 1.2 billion phar- Mr. MORAN of Virginia. Mr. Speaker, today, In recent years, the System's membership macy records, Lilly helps physicians and I rise to the ``Health Care Commitment Act.'' has expanded to include other depository insti- health care providers identify particularly This legislation allows Medicare eligible mili- tutions that are significant housing lenders. E66 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 The segment of savings institutions and advances and other financial services that pro- lishes voluntary membership and equal terms other depository institutions that are special- vide long-term funding, liquidity, and interest- of access to the System for all institutions eli- ized mortgage lenders has decreased in size rate risk management to its stockholders and gible to become Bank System members, and and market share and may continue to de- certain non-member mortgages. eliminates artificial restrictions on the Banks' crease. The establishment of the Federal Na- Since 1932, the Bank System has served as lending to member institutions based on their tional Mortgage Association (Fannie Mae), the a link between the capital markets and local Qualified Thrift Lender status; equalizes and Federal Home Loan Mortgage Corporation housing lenders, quietly making more money rationalizes Bank members' capital stock pur- (Freddie Mac), and the Government National available for housing loans at better rates for chase requirements, preserving the coopera- Mortgage Association (Ginnie Mae) and the Americans. Today the Federal Home Loan tive structure that has served the System well subsequent development of an extensive pri- Banks' 5,700 member financial institutions pro- since its creation in 1932; separates regulation vate secondary market for residential mort- vide for one out of every four mortgage loans and corporate governance of the Banks that gages has challenged the Federal Home Loan outstanding in this country, including many reflect their low level of risk ensuring the Bank System as a source of intermediate- and loans that would not qualify for funding under Banks can meet their obligations; and modifies long-term credit to support primary residential secondary market criteria. The Bank System the methodology for allocating the Bank Sys- mortgages lenders. accomplishes this without a penny of taxpayer tem's annual $300 million REFCORP obliga- For most depository institutions, residential money through an exemplary partnership be- tion so that the individual Banks, economic in- mortgage lending has been incorporated into tween private capital and public purpose. centives are consistent with their statutory the product mix of community banking that More than 3,500 of the Bank System's cur- mission to support primary lenders in their typically provides a range of mortgage, rent members are commercial banks, credit communities. consumer, and commercial loans in their com- unions and insurance companies that became Taken together, these interrelated provisions munities. eligible for Bank membership in 1989. They address the major issues identified in a recent Community banks, particularly those in rural demonstrate the market's value of the Bank series of studies of the Bank System that Con- markets, have a difficult time funding their System by investing in the capital stock of the gress required from the Federal Housing Fi- intermediate- and long-term assets held in regional home loan banks. These institutions nance Board (FHFB), the Congressional portfolio and accessing capital markets. For have recognized the advantages of access to Budget Office (CBO), the General Accounting example, rural nonfarm businesses tend to the Bank System's credit programs and have Office (GAO), the Department of Housing and rely heavily on community banks as their pri- responded to their local communities' needs Urban Development (HUD) and a Stockholder mary lender. Like the savings associations in for mortgage lending. As the financial market- Study Committee comprised of 24 representa- the 1930's, these rural community banks draw place grows larger and more complex, I envi- tives of Federal Home Loan Bank shareholder most of their funds from local deposits. sion the Bank System as a necessary vehicle institutions from across the country. Longer-term credit for many borrowers in rural for serving community lending needs espe- The Enterprise Resource Banks Act will areas may therefore be difficult to obtain. In cially in rural and inner-city credit areas. make the Banks more profitable by enabling short, the economy of rural America may ben- The Federal Home Loan Bank System them to serve a larger universe of depository efit from increased competition if rural commu- serves an active and successful role in financ- institution lenders more efficiently, and it will nity banks are provided enhanced access to ing community lending and affordable housing return control of the Banks to their regional capital markets. through the Affordable Housing Program boards of director who are in the best position Access to liquidity through the FHLB Sys- (AHP) and the Community Investment Pro- to determine the needs of their local markets. tem benefits well-managed, adequately-cap- gram (CIP). The AHP program provides low- At the same time, it will provide for the safety italized community banks. For these banks, cost funds for member institutions to finance and soundness oversight necessary to ensure term advances reduce interest rate risk. In ad- affordable housing, and the CIP program sup- that this large, sophisticated financial enter- dition, the ability of a community bank to ob- ports loans made by members to community- prise maintains its financial integrity and con- tain advances to offset deposit decreases or based organizations involved in commercial tinues to meet its obligations. to temporarily fund portfolios during an in- and economic development activities to benefit I first offered comprehensive legislation to crease in loan demand reduces the bank's low-income areas. modernize the Bank System in 1992. The leg- overall cost of operation and allows the institu- The Federal Home Loan Banks' loans (ad- islation is the culmination of efforts over the tion to better serve their market and commu- vances) to their members have increased last three years to address in a balanced way nity. steadily since 1992 to the current level of the concerns of the Banks' member institu- Used prudently, the FHLB System is an in- more than $122 billion. Since 1990, the Banks tions, community and housing groups, and tegral tool to assist properly regulated, well- have made $7.1 billion in targeted Community various government agencies. Together with capitalized community banks, particularly Investment Program advances to finance my respected colleague, Rep. PAUL KAN- those who lend in rural areas and underserved housing units for low- and moderate-income JORSKI, I look forward to passage of this im- neighborhoods, a more stable funding re- families and economic development projects. portant legislation to modernize an institution source for intermediate- and long-term assets. In addition, the Banks have contributed more that works to improve the availability of hous- With that in mind, I have introduced this leg- than $350 million through their Affordable ing finance and the opportunity of credit for all islation today to enhance the utility of the Fed- Housing Programs to projects that facilitate Americans, particularly those who are under- eral Home Loan Bank System. I want the mis- housing for low- and moderate-income fami- served. sion of the system to remain strong in the abil- lies. f ity to help Americans realize the dream of While these figures are impressive, the Fed- home ownership, but equally as important: I eral Home Loan Bank System needs some HOMEOWNERS’ INSURANCE want the System to enrich the communities in fine tuning to enable it to continue to meet the AVAILABILITY ACT OF 1997 which Americans build their dreams. needs of all its members in a rapidly changing America is the world capital of free enter- financial marketplace. The Enterprise Re- HON. RICK LAZIO prise. Free enterprise is the foundation on source Bank Act of 1996 recognizes the OF NEW YORK which the ``American Dream'' is built, and it is changes that have occurred in home lending IN THE HOUSE OF REPRESENTATIVES the engine by which ``American ingenuity'' is markets in recent years, which is reflected in driven. My legislation will help nurture Amer- the present composition of the Bank System's Tuesday, January 7, 1997 ican free enterprise. That is why I call this bill membership. Enacting this legislation will en- Mr. LAZIO of New York. Mr. Speaker, today the ``Enterprise Resource Bank Act.'' hance the attractiveness of the Banks as a I introduce the Homeowners' Insurance Avail- The Enterprise Resource Bank Act will source of funds for housing and related com- ability Act of 1997 as a first step toward ad- strengthen the System's mission to promote munity development lending, and will encour- dressing the exploding costs of Federal natu- residential mortgage lending (including mort- age the Banks to maintain their well-recog- ral disaster assistance. Between 1988 and gages on housing for low- and moderate-in- nized financial strength. Specifically, my legis- 1994, the Federal Government spent more come families. Enterprise Resource Banks will lation: targets the Bank System's mission in than $45 billion in disaster assistance, of facilitate community and economic develop- statute to emphasize the System's important which approximately half was for residential ment lending, including rural economic devel- role of supporting our nation's housing finance losses. Like coastal areas in many parts of the opment lending. And Enterprise Resource system and its potential role of supporting country, the shoreline homeowners in my Banks will facilitate this lending safely and economic development by providing long term Long Island district have been particularly hard soundly, through a program of collateralized credit and liquidity to housing lenders; estab- hit by recent winter storms and nor'easters. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E67 The force of such natural disasters have left surers after a major hurricane; the Califor- Unlike plans directly involving the federal Long Island's south shore coastline, and other nia Earthquake Authority, a state-run, pri- government in the business of providing coastal areas throughout our Nation, in a deli- vately funded entity offering earthquake in- homeowners insurance to consumers or rein- surance coverage to homeowners throughout surance coverage to individual insurance cate state. In this environment, States have the state, and the Hawaii Hurricane Relief companies, this legislation limits federal in- begun to experience declining homeowners in- Fund, the sole source of residential hurri- volvement to a direct relationship with the surance availability in disaster-prone areas. cane insurance coverage throughout the is- states. This bipartisan legislation provides a Federal lands. The federal program is completely vol- backstop for state-operated insurance pro- Besides the programs mentioned above, untary. It does not compel any state to par- grams, and complements existing insurance proposals are under varying degrees of con- ticipate. In fact, the sale of federal insurance sideration in Texas, Louisiana, New York, can only occur once a state has gone to the industry efforts without encroaching upon the North Carolina and Virginia. In New York, trouble and assumed the risk inherent in cre- private sector. The bill allows State officials more than 62,000 homes and businesses in ating a homeowner’s insurance availability and local industry leaders to create the most inter-city and coastal communities cur- program. If the private market is function- appropriate solutions to State and local needs. rently are covered by the New York Property ing adequately, or if local availability prob- The Homeowners' Insurance Availability Act Insurance Underwriting Authority, a state- lems can be addressed without the need of a of 1997 authorizes the Secretary of the Treas- sanctioned insurer of last resort. Other pro- larger solution, then the federal program is a ury to offer annual Federal reinsurance con- posals, including one similar to the Florida non-issue. tracts to eligible State insurance programs Catastrophe Reinsurance Fund, are likely to HOMEOWNERS’ INSURANCE AVAILABILITY ACT be proposed in Albany in coming months. OF 1997—SECTION-BY-SECTION ANALYSIS Covered losses include residential property It is appropriate that solutions to address losses resulting from earthquakes and hurri- Section 1: Title cited as ‘‘Homeowners’ In- insurance availability originate at the state surance Availability Act of 1997’’ canes, as well as other losses determined ap- level. The magnitude of risk, as well as the Section 2: Congressional Findings that propriate by the Secretary. The bill requires size and nature of the local insurance mar- homeowners’ insurance is becoming increas- neither States nor individuals to participate in ket, differs from one jurisdiction to the next. ingly difficult to purchase, due to increased the program, and envisions an entirely self- What works in one locale may not be viable natural disasters and that there is a federal sustaining insurance fund with no direct tax- in another. State insurance commissioners role in providing a reinsurance program for and state legislatures are in the best posi- payer liability. Total Federal coverage is states that meet those needs beyond the ca- tion to determine the proper design for any pacity of the state’s claims paying capacity. capped at $25 billion, and is phased in over a program to address local needs. Section 3: Program Authority to the Sec- period of 4 years. However, there are certain limitations to retary of Treasury to provide a federal rein- In introducing this bill, we pay tribute to the what a state can do. A state program will surance program through reinsurance con- late Congressman BILL EMERSON and his ef- likely have sufficient capacity to cover the tracts through a Disaster Reinsurance Fund forts to provide protection for American fami- vast majority of possible catastrophes. How- (Fund) in Sec. 9. lies from the devastation of natural disasters. ever, some events are so large as to drain Section 4: Eligible Purchasers are state in- even the most carefully constructed state surance programs and state reinsurance pro- Over the last several years, Congressman EM- program. Even though the chances of such grams. ERSON attempted to comprehensively address an event are low, the very possibility of one Section 5: Qualified Lines of Coverage pro- the multitude of issues surrounding natural has a chilling effect on the creation of state vide specifically for residential property and disaster assistance. Although this bill will be programs as well as the recovery of the pri- other losses as determined appropriate by devoted solely to providing State-run insur- vate insurance market. the Treasury Secretary. ance programs with Federal reinsurance, I The Florida Catastrophe Reinsurance Section 6: Covered Perils include (i) earth- look forward to other free-standing legislation Fund, the California Earthquake Authority quakes, (ii) perils ensuing from earthquakes and the Hawaii Hurricane Relief Fund all (fire and tsunami) and, (iii) hurricanes. that addresses the variety of relevant issues. share the problem of being unable to cover Section 7: Terms of Reinsurance Contracts Improving homeowners insurance availabil- losses from the worst-case disasters. For ex- are no more than 1 year, with claim pay- ity in disaster-prone areas will be one of my ample,, both the Florida fund and the Cali- ments only to state insurance or reinsurance highest priorities during the 105th Congress. fornia authority would be insolvent after dis- programs and a payout at the occurrence and The Homeowners' Insurance Availability Act of asters causing more than $10 billion in in- level where disasters costs exceed the state’s 1997 continues the working partnership be- sured residential losses. While that level of claim paying capacity. Qualified losses in- tween the Federal Government and States loss is higher than that experienced to date, clude only property covered under the con- and provides improved safeguards that many including the Northridge Earthquake and tract that are paid within a 3 year period Hurricane Andrew, the possibility of events from the natural disaster event. Pricing is homeowners in disaster-prone areas des- in the $10 billion plus range are certainly established by the Secretary, in consultation perately need. The consequences of insur- possible. Similarly, the Hawaii fund also has with the Independent Commission on Catas- ance illiquidity, in the form of lower property a limit well below the theoretical exposure trophe Risks and Insurance Loss Costs and values and fewer home resales, must be ad- in the state. The fund’s maximum capacity based on actuarial analysis, a risk load not dressed. I look forward to hearings across the is $1.5 billion, which is roughly the loss from less than 2 times the risk-based price and ad- country in our most vulnerable areas, listening Hurricane Iniki. ministrative costs. Finally, in cases where In the aftermath of a large disaster that to industry experts, State officials and families Treasury borrowing occurs, contract pur- exceeds a state program’s capacity, it is chasers and recipients of aid from proceeds affected by catastrophe, as we perfect this likely that many homeowners insured by of borrowed funds are required to continue legislation that is long overdue. these programs will not be immediately or purchasing contracts until borrowed funds The following are a section-by-section anal- fully compensated for their losses. In fact, are repaid. ysis and background summary of the legisla- the California and Hawaii programs must, by Section 8: Level of Retained Losses and tion to be included in the RECORD. law, prorate claims if funds are inadequate Maximum Federal Liability is limited to HOMEOWNERS’ INSURANCE AVAILABILITY ACT to cover all losses. Because there are no contracts at $2 or $10 billion or any other OF 1997 precedents, one can only speculate what the amount determined by the Secretary with consequences of these funding shortfalls the limitation that contracts are greater BACKGROUND might be. However, an increase in mortgage than the current claims-paying capacity of The rising toll from natural disasters has defaults and a drop in real estate values are the state operated plan with a maximum placed a severe strain on homeowners’ insur- likely. yearly liability of $25 billion. The Secretary ance markets in many parts of the country Lacking some additional backstop, state is authorized to phase-in maximum yearly li- in recent years. Events such as Hurricane residential insurance programs are destined ability during the initial 4 years of the pro- Andrew and the Northridge Earthquake have to fail at precisely the moment they are gram. Annual adjustments are authorized. demonstrated that insurers face the risk of most needed. That is why a complimentary Section 9: Disaster Reinsurance Fund is es- insolvency if they are overly concentrated in program at the federal level is so critical. tablished within the Treasury Department to areas prone to large earthquakes or hurri- Such a program will improve the effective- accept proceeds from the sale of contracts, canes. As a result, many insurers have with- ness of state initiatives and help ensure that borrowed funds, investments or other drawn from these markets or stopped under- claims after a major catastrophe will be paid amounts. Borrowed funds are limited to an writing new business, thereby making home- in full. In addition, maintaining the integ- amount not to exceed the Fund’s capacity to owners’ insurance difficult to obtain. rity of state programs even after large losses repay within 20 years, with appropriate in- State insurance commissioners and state will help stabilize private insurance markets terest. Except for borrowed funds or start-up legislatures have created programs to pre- and encourage new protection of home- costs in Section 10(g), no federal funds are vent or forestall an insurance availability owners’ investments. authorized or appropriated for the Fund. crisis in several instances. These efforts in- Creating a federal insurance backstop to Section 10: National Commission of Catas- clude the Florida Catastrophe Reinsurance state homeowners’ insurance availability trophe Risks and Insurance Loss Costs is es- Fund, a state-mandated, privately funded programs has several advantages over other tablished with an appropriation of $1 million pool providing a backstop to residential in- proposals that have been considered. for initial start-up costs. E68 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Section 11: Report on Secondary Market In the aftermath of the Savings and Loan strongly believe that changes need to be Mechanism For Reinsurance Contracts re- [S&L] crisis, Congress empowered the Federal made so the abuses I described do not con- quires the Treasury Secretary to create a Deposit Insurance Corporation [FDIC], the tinue during the resolution of future failures. mechanism to sell excess-loss contracts (at least 20 percent of the total written dollar Resolution Trust Corporation [RTC], and other While I understand, but do not necessarily value) in the capitol markets and report agencies to prosecute the S&L crooks and agree with, the need to use excessive force to back to Congress, within 18 months, with pursue other wrongdoers through civil suits to resolve the S&L debacle, the time has come recommendations for statutory change. collect damage awards to lessen the taxpayer for the pendulum to swing back to the center. Section 11: Definitions. costs of the thrift debacle. This bill will accomplish this. f Although the government's efforts have f been successful in carrying out Congress' AGRICULTURE ADVISORY BOARD mandate, government agencies have launched COMMENTS UPON INTRODUCTION a zealous civil litigation campaign against any- OF THE RATEPAYER PROTEC- HON. JERRY F. COSTELLO one even remotely connected to a failed bank TION ACT OF ILLINOIS or thrift. Litigation against marginal defendants IN THE HOUSE OF REPRESENTATIVES and the use of highly-paid outside counsel HON. CLIFF STEARNS Tuesday, January 7, 1997 have aggravated the credit crunch in the early OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Mr. COSTELLO. Mr. Speaker, I rise today in 1990's. Directors and officers in financial insti- recognition of a group of individuals who have tutions are reluctant to make character loans Tuesday, January 7, 1997 or business loans with any element of risk for been of great service to me during the past 2 Mr. STEARNS. Mr. Speaker, I rise today to fear that they could be accused of negligence years. This group is the Agriculture Advisory introduce legislation that will not only save by the regulators if the loan ever failed. Cur- Board for the 12th Congressional District of Il- American consumers billions of dollars, but rently, banks and thrifts have found it difficult linois. The 13 members of the Ag Advisory also reduce Federal regulation and promote to attract qualified bank directors and officers Board members represent each of the nine competition in the electric power industry. counties in the district. The group met several because of the campaign of fear brought on My bill will prospectively repeal section 210 times throughout the 104th Congress. by the regulators. of the Public Utility Regulatory Policies Act of Taxpayer funds have been wasted and the This last Congress will be memorable one 1978ÐPURPA. Section 210 mandates utilities lives and reputations of countless individuals for the agricultural community. The recently to buy power from a certain privileged class of are being ruined. In their fervor to squeeze implemented Farm Bill of 1996 has changed generators of electricity at prices set not by every last dollar out of S&L and bank profes- the way producers receive payments from the the free market but by the government. In fact, sionals, the RTC and the FDIC are spending Federal Government. These payments, set at the independent Utility Data Institute estimates an inordinate amount of time and money pur- specified decreasing amounts each year for that consumers pay as much as $8 billion a suing marginal cases in which the culpability the next seven years, replaces the former sys- year more for their electric energy as a con- of the defendants is highly questionable. tem of deficiency payments, which payed sequence of this anti-competitive mandate. farmers based on market conditions. The leg- Faced with an enormous pool of potential indi- Simply put, PURPA is a Federal barrier to a islation also recognizes the need for greater viduals to sue, the FDIC and the RTC have more efficient, cost-effective, and competitive exports of our American-grown commodities. employed over 2400 law firms, paying them electricity industry. Each day we wait to deal Illinois is a leader in the production of corn, more than $504 million in 1992 alone. These with PURPA is another day that this mandate wheat and soybeans. The opportunities for law firms had little incentive to reduce tax- distorts electric markets and creates liabilities greater exporting will improve the economy in payer costs and every incentive to bill thou- that will become stranded investments. Al- each member's town and throughout the state. sands of hours in the pursuit of former direc- ready, PURPA is estimated to have burdened I commented each member for giving of his tors and officers, regardless of their culpability. the market with over $38 billion in stranded time and insights to help make well-informed Meanwhile, defending these suits is a costly, costs. decisions. The members of my Agriculture Ad- demeaning, and time consuming enterprise. As I said upon introduction of virtually iden- visory Committee during the 104th Congress Many defendants have agreed to costly settle- tical legislation during the 104th Congress, my were Mike Campbell of Edwardsville, John ments, regardless of guilt, in order to avoid only interest in introducing this bill lies in Deterding of Modoc, Lawrence Dietz of bankruptcy. achieving the most efficient and most cost-ef- DeSoto, Edwin Edleman of Anna, Greg Guen- The Lending Enhancement Through Nec- fective means of electric generation for Ameri- ther of Belleville, Craig Keller of Collinsville, essary Due Process Act will remedy these ca's consumers. I am prepared to move for- Marion Kennell of Thompsonville, Vernon types of abuses and still allow the regulators ward with this bill as introduced, or as a part Mayer of Culter, Dave Mueller of East Alton, to pursue culpable individuals. First, accused of a much broader legislative effort. Indeed, I directors and officers will be allowed to assert Larry Reinneck of Freeburg, Bill Schulte of am anxious to work with Chairman SCHAEFER, defenses to overreaching accusations. One Trenton, Jim Taflinger of Cache, and Lyle Chairman BLILEY, the House Committee on Wessel of Columbia. example is the business judgment defense. Commerce, and all other interested parties as I am pleased that these gentlemen will be The courts in all of the States recognize the Congress moves forward with its comprehen- staying on the Ag Advisory Board during the business judgement rule either by case law or sive examination of the industry. But it must 105th Congress. The Farm Bill has brought by statute. This bill will establish defenses for be noted that we can take an important step about spending cuts in many farm programs, business judgement, regulatory actions and toward the laudable end with the timely and and each board member's input will be critical unforseen economic consequences. sagacious elimination of PURPA's unneces- Second, this legislation would require that to me as I review the various Federal pro- sary and costly Federal mandate. grams in an oversight and appropriations ca- regulators have good cause to obtain the per- Everyone will agree that we must begin to pacity. I look forward to working with each sonal financial records of potential defendants. explore a move toward an electricity industry member on agricultural matters during the The current practice is to ask for the financial that is based on competition, market force, 105th Congress. I ask my colleagues to join records of all parties and then sue the richest, and lower prices for ratepayers. This is cer- me in recognizing these individuals. regardless of culpability. This bill requires that tainly my objective as I introduce this impera- the regulators demonstrate a violation of the f tive aspect of electricity reform legislation. law and the likelihood that the individual will f LENDING ENHANCEMENT dissipate assets. THROUGH NECESSARY DUE Third, this act will give defendants additional INTRODUCTION OF THE MEDICARE PROCESS ACT protection to prevent the freezing of their as- PREVENTIVE BENEFIT EXPAN- sets without good cause. Finally, the standard SION ACT OF 1997 HON. BILL McCOLLUM for director and officer liability will be clarified by stating that the standard is gross neg- OF FLORIDA HON. WILLIAM M. THOMAS IN THE HOUSE OF REPRESENTATIVES ligence rather than simple negligence. I under- OF CALIFORNIA stand the Supreme Court has seen it nec- IN THE HOUSE OF REPRESENTATIVES Tuesday, January 7, 1997 essary to take a closer look at the standard of Mr. MCCOLLUM. Mr. Speaker, I rise today negligence as it applies to these cases. Tuesday, January 7, 1997 to reintroduce the Lending Enhancement Mr. Speaker, although most of these cases Mr. THOMAS. Mr. Speaker, today I join with Through Necessary Due Process Act. have been brought to their final disposition, I Mr. BILIRAKIS and Mr. CARDIN in introducing a January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E69 bill which will strengthen Medicare's coverage and not the arbitrary determinations of a VEHICLE FORFEITURE FOR of certain preventive health care. This is a Washington bureaucracy. REPEAT DRUNK DRIVERS step in the right direction for our seniorsÐand This legislation should make significant for the Medicare Program. Preventive health strides in improving the health care system for HON. EARL BLUMENAUER care can translate into improved health and a Medicare beneficiaries diagnosed with breast, OF OREGON better quality of lifeÐand at the same time, re- cervical, colorectal, prostate cancer, and dia- IN THE HOUSE OF REPRESENTATIVES duce long-term health expenses. The private betes. We will do more, since new technology Tuesday, January 7, 1997 sector has for many years offered preventive will enable early detection of other diseases. benefits in insurance programs for working Mr. BLUMENAUER. Mr. Speaker, as sure This bill will make a difference in millions of Americans. Medicare can do the same for as we are standing here tragedy will strike senior citizens. lives and for thousands of families, and I am again on America's roadways. Within the next In past years, we examined Medicare's cov- proud to introduce this bill today, at the begin- few week there will be another national exam- erage policy for the possibility of expanding it ning of the new 105th Congress. ple where repeat drunk drivers lay carnage on to include certain preventive care. But each our streets. time, the Congressional Budget Office con- f Sadly, this is an all too frequent occurrence cluded that this would significantly increase in our county. Over 17,000 people a year are Medicare costs. Last year, for the first time, TRUE ELECTORAL REFORM: TERM killed because of drunk driving and hundreds CBO agreed that certain preventive health LIMITS WITH 3 4-YEAR TERMS of thousands are injured. benefits could actually save Medicare money. I have a long standing commitment to doing Using this new level of understanding, we de- everything possible to stop people from getting cide to include these savings and develop a HON. BILL McCOLLUM behind the wheel after drinking too much. As a member of the Portland City Council, I intro- responsible preventive health care program for OF FLORIDA our elderly. More important than the dollars we duced the first ordinance in the country to take IN THE HOUSE OF REPRESENTATIVES away the cars of repeat drunk drivers. This will save over the long term, this legislation law has had a dramatic effect. assembles preventive methods that will save Tuesday, January 7, 1997 In Portland we have confiscated almost a lives and enhance the quality of life for individ- thousand cars and forfeited almost a third of Mr. MCCOLLUM. Mr. Speaker, today I am uals suffering from certain medical conditions. those. Most importantly it has made a dif- In addition, these measures will empower sen- introducing a proposed amendment to the ference in terms of repeat drunk driving. iors to have more control over their health Constitution that will not only limit the number From 1994 to 1995, drunk driving deaths in- through early detection of diseases, thereby of terms a Member of Congress may serve. creased nationally. During that same time pe- increasing treatment options in many cases, This proposal would extend the length of a riod, we saw a 42-percent decrease in these and by educating patients on how to success- single term in the House from 2 to 4 years. fatalities in Portland. Empirical studies show fully manage their conditions. Senators would remain in 6-year terms. when you take away the car of the repeat The American Cancer Society estimates The arguments for term limits are well- drunk drivers it does get their attention, and that one million people will be diagnosed with known. The Founding Fathers could not have the recidivism rate has dropped. This is a pro- cancer this year, and there are more than 10 envisioned today's government, with year- gram that works. million people alive today with a history of round sessions and careers in Congress. Today I am reintroducing what was my first cancer. Those who fight cancer, as either a Term limits would eliminate the careerism that piece of legislation as a Member of the U.S. patient or as a caregiver, know the tremen- permeates this institution, enticing Members to Congress. Currently States must meet five of dous burden such a battle brings. There is work toward extending their careersÐa goal seven eligibility criteria to receive a share of great financial cost for individuals, families, sometimes at odds with the common good. the $25 million in Federal drunk driving and society as a whole; the National Cancer counter measure grants. My proposal will add Institute estimates national costs for cancer to There are simply too many competing interest groups. another criteria to choose from, a program to be more than $100 billion each year. By pro- confiscate the cars of repeat drunk drivers, viding Medicare beneficiaries with the access However, my proposal takes the essence of like we've done in Portland. to expanded prevention procedures through term limits, to limit the influence of careerism I'm convinced that this simple step is going coverage of mammographies, pap smears, and the incessant campaigning it requires, by to move dramatically and spread the forfeiture pelvic exams, and colorectal and prostate increasing the length of a term in the House concept around the country. Already, over 60 screenings, this legislation seeks to reduce of Representatives. Currently, each Member of cities and counties have requested information suffering and save lives by detecting cancer at the House serves 2-year terms. That means on our program. an earlier, more treatable stage. that after each election, a House incumbent When so many issues pit one group against We also address a disease affecting more must begin campaigning again almost imme- another, it is encouraging that taking away the than 15 million AmericansÐdiabetes. Without diately. This dangerous cycle almost never cars of repeat drunk drivers has had such a detection or proper treatment, diabetes can stops. A 4-year term would mitigate this to a broad coalition behind it. Law enforcement lead to kidney failure, amputation, nerve dam- certain degree. Looking at it another way, a agencies, advocates like the Mothers Against age, blindness, extended hospitalizations, person would have to run only three times to Drunk Driving, beer and wine distributors, and heart disease, and strokes. Medical care for serve the maximum number of years. That is others have all lent their support for Portland's diabetic patients costs more than $100 billion certainly an improvement, especially when tied program. I have begun to reach out to national per yearÐaccounting for 15 percent of all to term limits. coalitions and will continue to work with them health care costs in the United States and a on perfecting this bill. Mr. Speaker, it is important to note that a 4- quarter of all Medicare costs. These medical f year term will not eliminate the House of Rep- complications and resulting costs are often NATURAL DISASTER PROTECTION avoidable through patient education on proper resentatives' function as the people's House. AND INSURANCE ACT nutrition, exercise, blood sugar monitoring, ac- Today's technology almost instantly allows tivity and medication so that patients can take people in Washington, DC to know how the charge of their wellness. We not only em- people they represent in their district feel HON. BILL McCOLLUM power people to take back control of their about issues of the day. No longer must Rep- OF FLORIDA health care through patient self-management resentatives periodically make the trek home IN THE HOUSE OF REPRESENTATIVES training, but we ease the financial burden by to put themselves back in touch with the local Tuesday, January 7, 1997 wants and needs. Now we fly home on week- including blood-testing strips as durable medi- Mr. McCOLLUM. Mr. Speaker, today I rise ends, read our local papers in DC, receive cal equipment for the purposes of Medicare to introduce the Natural Disaster Protection countless polls and tune in to the news. coverage. We also recognize the necessity of and Insurance Act. As many of my colleagues improving diabetes treatment and have added In the end, Mr. Speaker, there will be no know, I have taken a great interest in past ef- provisions requiring the Secretary of Health loss of service by lengthening the term of of- forts to reduce the impact of catastrophic dis- and Human Services to establish outcome fice while limiting them. Indeed, it will improve asters. measures to be reported to the Congress so as more attention is paid to legislating instead We know that areas most likely to experi- we can change and adapt our coverage poli- of campaigning. This is a complete reform ence natural disasters, like my State of Flor- cies to reflect the medical needs of patients package deserving of our attention. ida, are currently experiencing population E70 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 growth. As the population grows, demand for try. However, we should use the Federal Gov- of fine work both domestically and internation- insurance grows while property values in- ernment as a tool to complement the efforts ally. crease. Unless affordable insurance is avail- being made by the private sector to deal with able to these property owners, the Federal natural disasters. f Government will continue to face open-ended I have introduced a bill that contains three liability. According to a policy paper prepared main parts to address the issues created by IT IS TIME FOR TERM LIMITS by the Clinton administration, private insur- natural disasters. First, this bill provides imme- ance plays a critical role in providing financial diate relief in the form of reinsurance for pri- protection to living in disaster-prone areas by mary insurers through a fiscally responsible HON. BILL McCOLLUM assisting in rebuilding, providing emergency prefunded bond approach. Currently, there is OF FLORIDA living expenses, and reducing income losses. a shortage of mega-catastrophe reinsurance In fact, since 1989, private insurance compa- available for primary insurance companies and IN THE HOUSE OF REPRESENTATIVES nies have paid claims amounting to more than this bill will bring much-needed capital to those Tuesday, January 7, 1997 $30 billion. high excess layers of risk. Second, this bill Furthermore, a document issued by the calls for a study regarding the viability of Mr. McCOLLUM. Mr. Speaker, I am pleased Senate Bipartisan Task Force on Funding Dis- changing the Tax Code to encourage insur- aster Relief in 1994 concluded that, between to introduce a proposed amendment to the ance companies to reserve for catastrophic Constitution limiting the terms of Members of fiscal year 1977 and 1993, the Federal Gov- events. Third, this bill has a mitigation compo- ernment spent approximately $120 billion on the House to 12 years of service and Senators nent designed to keep damage caused by nat- to 12 years of service. This is a proposal I natural disasters. ural disasters to a minimum when they inevi- Mr. Speaker, the problem at hand is that the have enthusiastically pushed for over the tably strike. years and one I continue to support. demand for insurance in disaster-prone areas This bill follows the important bipartisan is increasing while the supply of private insur- work on this issue by Senator STEVENS, Sen- Many may remember the term limits bill the ance has not kept pace. Many large insurance ator DAN INOUYE, and former Congressmen House considered in March 1995 as part of companies which would ordinarily be compet- BILL EMERSON and NORM MINETA. I believe this the Contract with America. This is the exact ing for this premium income in disaster-prone bill creates a framework that contains the es- same bill. I was excited when the first ever areas have stopped writing new policies, while sential elements to begin the dialog on this im- vote in the House produced 227 ayes. While many other small- and medium-size compa- portant issue facing this Nation. Congress this is a majority, it was not the two-thirds ma- nies have been reluctant to fill in the resulting needs to take a leadership role in bringing to- jority needed to pass a proposed constitutional gaps due to their fear of a truly catastrophic gether all those involved in natural disaster amendment. I look forward to addressing this event. planning in order to reach a resolution to this issue again in the 105th Congress. Prior to the large number of disasters that began in the late 1980's, actuarial techniques issue. I plan on working with my colleagues, The arguments for term limits are numerous used by insurance companies were inad- the administration, State, and local govern- and persuasive. Volumes could be written on equately reserving for disasters. For example, ments, and with industry to find the right solu- the issue, but I would like to stress one point. losses were estimated on a 30-year cycle. tion for the American people. It is my hope Term limits are not simply to create turnover From late 1950 until the late 1980's few disas- that we can hold hearings on this subject for the sake of turnover. Sure, it is important ters occurred. As a result, prices for cata- soon. to get fresh blood in Congress, but it is more strophic insurance were low compared to the f important to change the institution as a whole actual risk carried by U.S. insurers. INTERNATIONAL CUSTOMS DAY in a manner that only term limits can achieve. Due to the lack of insurance coverage avail- Term limits would end the pervasive careerism able, my home State of Florida has embarked HON. PHILIP M. CRANE in Congress. on the only path available after the devasta- Mr. Speaker, the status quo in Congress en- tion of Hurricane Andrew. It has set up the OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES courages longevity in service. One's impact in Florida Catastrophe Fund and enhanced the Congress is almost always directly related to Joint Underwriting Association and Windstorm Tuesday, January 7, 1997 the length of time the Member has served. Association, both of which are to be the insur- Mr. CRANE. Mr. Speaker, January 26 has This is due to the fact that the House and ers of last resort for those who are unable to been designated by the World Customs Orga- Senate are directed primarily by the elected find insurance. However, no one should be nization [WCO] as International Customs Day, leadership and the full and subcommittee forced to seek coverage from a more-expen- a time to give recognition to customs services sive, less-responsive Government program, so chairmen. Few rise to these levels without sig- around the world for the role they play in gen- it is incumbent on us as policymakers to find nificant time served. erating revenue and protecting national bor- the proper incentives for the private sector to Therefore, many Members will do their best ders from unauthorized imports. write more coverage. Otherwise, I can only to stay in Congress as long as possible, mak- The U.S. Customs Service represents the believe this is a manmade disaster waiting to ing it a career. It is my firm belief that human United States in the World Customs Organiza- happen. nature dictates that most Members of Con- tion which, since 1953, has grown into a 142- Our experience with State insurance pools gress, whether Republican or Democrat, are member international organization. The demonstrate that States cannot go it alone going to worry more about getting reelected WCO's purpose is to facilitate international when they are ravaged by destructive occur- than anything else in the career oriented envi- trade, promote cooperation between govern- rences. Therefore, I believe action at the Fed- ronment of the present system. Consequently ments on customs matters, and standardize eral level is needed to encourage private in- the tendency of most will be to try to please and simplify customs procedures internation- surance companies, including smaller and me- every interest group in order to get reelected. dium-size companies, to continue insuring in- ally. It also offers technical assistance in the areas of customs valuation, nomenclature, and While term limits would not completely end dividual homeowners and businesses in areas this attitude, it would mitigate it considerably prone by natural disasters. Additionally, action law enforcement. The organization's objective is to obtain the highest possible level of uni- because term limits would mean that when at the Federal level can be instrumental in en- somebody is elected to Congress they would couraging high-risk areas to better prepare for formity among the customs systems of its member countries. The involvement of the know that they were only coming here to such events. serve a short period of time, not to make a ca- Fortunately, a lot of exciting and innovative U.S. Customs Service in the WCO reflects the reer out of it. I am firmly convinced that this thought is taking place in the insurance indus- recognition that our country and its trading is the single biggest obstacle to getting a bal- try. For example, many insurance companies partners benefit when international trade is fa- anced budget and making some of the tough are teaming up with investment banks to bring cilitated by simple, unambiguous customs op- decisions that have to be made as we move capital to their markets by securitizing risk and erations around the world. into the 21st century. thereby increasing the amount of exposure I take this opportunity to offer my congratu- they can carry. This innovative development lations to the World Customs Organization on Finally, Mr. Speaker, term limits is sup- will help alleviate the shortage of insurance for its past accomplishments and wish it well in its ported by over 70 percent of Americans. This those in disaster-prone areas. ambitious efforts to further harmonize and sim- is not a partisan issue. It is a sound proposal We, in Congress, should not do anything plify customs regulations. I also congratulate with popular support. Isn't it time that Con- that stifles this creative spirit within the indus- the U.S. Customs Service for its many years gress passed this critical reform? January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E71 INTRODUCTION OF THE STOP bank is formed through an agreement be- ‘‘It was inappropriate,’’ the President says SWEATSHOPS ACT OF 1997 tween regulatory agencies and the bank spon- with a fine show of chin. Screening must be sor. The entity establishing the mitigation bank tightened! Republicans and Democrats un-in-love HON. WILLIAM (BILL) CLAY is then given mitigation credits for work on the with Mr. Clinton say no, the problem is po- OF MISSOURI wetlands. Credits are assigned by State and litical money. IN THE HOUSE OF REPRESENTATIVES Federal regulators, including local water man- Wang Jun, the Chinese Army’s chief arms agement districts and the Army Corps of Engi- broker, missile salesman and weapons smug- Tuesday, January 7, 1997 neers. These credits can be used as a ``debit'' gler, was brought to a White House reception Mr. CLAY. Mr. Speaker, last year, I joined at another site to offset unavoidable damage by an Arkansas businessman who became a hotshot Democratic fund-raiser. with Senator KENNEDY and more than 50 other to wetlands. Taking some of the stink out of fund-rais- Members of Congress to introduce legislation Mr. Speaker, this process is becoming more ing would be real nice. But it won’t get at to curb the reemergence of sweatshops in the and more widespread. Because of the poten- the why and how come of Mr. Wang, whose domestic garment industry. Today, I am intro- tial impact mitigation banking has for the na- job is to make money and build power for the ducing that legislation once again. tion, it is important to examine it further to bet- Chinese armed forces by peddling weapons Sweatshops have returned to the apparel in- ter identify both the advantages and disadvan- worldwide, and whose name is known to dustry in the United States in numbers and tages of the process. My bill allows the Corps every China expert, spook and high military forms reminiscent of the turn of the century. to conduct a study which analyzes the estab- officer in the world, getting to a White Sweatshop employers exploit those who work House do with the President. lishment and use of mitigation banks under Nor will it deal with the hypocrisy of the for them, sometimes subjecting workers to current federal guidelines and Florida law to Administration now clucking about this fel- slave-like conditions. By exploding workers, determine if any further federal action is need- low’s visit in February when the man he re- sweatshop employers derive an unfair and un- ed. Florida was chosen as a study state be- ports to was the official guest of the United lawful competitive advantage that harms law cause it has some of the most advanced stat- States Government just a couple of weeks abiding employers, as well as workers and utes and regulations on mitigation banks, and ago. This one got to the White House not for their families. a large number of mitigation banks have al- a handshake but for a real sit-down meeting The Stop Sweatshops Act of 1997 strength- ready been established and used. with none other than the old screening- ens the ability of the Department of Labor to tightener-upper, Mr. Clinton himself. He is As this realively new procedure begins to Gen. Chi Haotian, who gave the order to kill enforce the Fair Labor Standards Act [FLSA] spread, I believe that it is important that all as- dissidents in and around Tiananmen Square and improves the ability of workers in the gar- pects and potential effects are examined. My in 1989 and was promoted to Defense Minister ment industry to obtain redress for violations bill will provide a study that I hope will clarify by a grateful Politburo. of the act. As importantly, at a time when the the future federal role. I encourage your sup- No, the answer to how these characters got Congress is reducing funds available for en- port for this bill and look forward to working to the White House is not political money or forcement of the labor laws, the bill encour- with many of my colleagues on its passage. screening. It is Mr. Clinton’s decision to base America’s policy about Communist China on ages manufacturers in the garment industry to f trade. deal with reputable contractors and acts to For Beijing, the principal purpose of trade balance market pressures that have encour- REPRESENTATIVE PELOSI HON- ORED FOR HUMAN RIGHTS WORK is to build up its police and military power. aged the reemergence of sweatshops. The biggest owner of Chinese industry and The reemergence of sweatshops represents commerce is the military establishment. It a problem that cannot be allowed to continue HON. FORTNEY PETE STARK uses the profit to build more weapons to sell, to grow. As we approach the 21st century, we OF CALIFORNIA particularly missiles amusingly forbidden under U.S. regulation, and to modernize its have an obligation to eliminate this vestige of IN THE HOUSE OF REPRESENTATIVES the 19th century. I urge my colleagues to sup- armies, including the police army operating Tuesday, January 7, 1997 the Chinese gulag. port this humane legislation. There is no hiding place, not for Mr. Clin- f Mr. STARK. Mr. Speaker, Representative ton, not for America’s allies, not for Amer- NANCY PELOSI was cited in a recent New York ican C.E.O.’s, not for the American consumer THE FLORIDA WETLANDS MITIGA- Times article for her work as a tireless advo- or stockholder: doing business with China TION BANKING STUDY ACT OF cate on behalf of human rights in China. She means providing money for the Chinese 1997 has been the persistent voice reminding this armed forces. So let’s not get all wriggly Congress and the administration that we can- when China’s killers and arms-selling chiefs HON. BILL McCOLLUM not ignore the atrocities in China. They are too show up at our parties. awful, too numerous for us not to recognize. Most of Mr. Clinton’s political opponents OF FLORIDA are trapped by and with him. They went IN THE HOUSE OF REPRESENTATIVES A large market like China can be seductive along with him in sacrificing democracy and for those who see commercial gain to be Tuesday, January 7, 1997 American security to the Trade Gods. So, made. They do not want to see the pain like him, they have to do something when a Mr. McCOLLUM. Mr. Speaker, today I am wrought by the Chinese Government operating killer-salesman comes to Washington. Watch introducing legislation to authorize a study on in its normal course whether it be false impris- them dance. a topic of growing environmental importance, onment, loss of freedom of religion, speech How did a nice young fellow from Arkan- mitigation banking. Specifically, this bill author- and association, proliferation of nuclear weap- sas, who preached human rights when he ran izes the Army Corps of Engineers to conduct ons or even the illegal shipping and sale of for President the first time, sell them out a year later? Why did that nice Assistant Sec- a 2-year study in Florida on the process of au- AK±47s to our own streets. retary of State for China affairs go along, thorizing mitigation banking and its effective- Representative PELOSI is the voice that re- after attacking the early Bush clone of the ness. minds us that there is no such thing as busi- Clinton policy? In an effort to minimize impacts to wetlands, ness as usual with China. She is to be com- Why did Bob Dole, and his party, wipe out mitigation banks have been created. In the mended for her tireless efforts. I commend to any difference of principle between them and past, developers who adversely impacted a you the enclosed article by A.M. Rosenthal: Mr. Clinton on providing China with the huge trade profits to build its military wetland area were required to either restore CLINTON’S CHINA WRIGGLE power? Oh, who cares why; they did. an existing wetland or create a new one. The (By A.M. Rosenthal) Well, it is holiday time. Here’s a fine restoration was usually performed on the im- President Clinton, his supporting cast of present: three names among those Washing- pact site and often resulted in small, scattered bureaucrats and even most of his political tonians who fight for Chinese human rights wetlands which were not effective in maintain- opponents are so twisting the essence of the and American democratic honor. In govern- ing or restoring the overall health of the water- visit to the White House of Communist Chi- ment, Nancy Pelosi, San Francisco’s Rep- shed. na’s top weapons dealer that the deeply im- resentative, and in this cause truly all Amer- A mitigation bank typically consists of a portant meaning is wrung right out of it. ica’s. Among the experts: William C. Triplett large parcel of land on which an entity volun- And that is no accident. 2d, former chief Republican counsel to the Mr. Clinton is doing what comes naturally Senate Foreign Relations Committee; indis- tarily restores, enhances, creates, or pre- at times of political embarrassment, the old pensable to the struggle. In journalism, the serves wetlands and uplands. These entities Washington dance. Wriggle, two, three, four, conservative Washington journal The Week- may be a developer or group of developers, a wriggle, two three, gliiide, everybody sing ly Standard—may its editorials against the public agency, or a private firm that has rights out together: ‘‘Doin’ the White House wrig- sellout of China reach the conservative to land for the creation of a mitigation bank. A gle!’’ movement and awaken the liberal. E72 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 And to all readers who have written that applications on the basis of CRA protests, make a loan based on the characteristics of they will not support the suppression of Chi- some community groups hope to get sizable the neighborhood where the house or busi- nese freedom by purchasing China-made grants or other contracts from banks. This ness is located. Currently no prohibition goods, this column goes with respect and happens all too often. thanks. These people, they just do not know against redlining in fair housing or fair lending how to wriggle. Recently, the Clinton administration has exists, however, courts have interpreted these linked the enforcement of CRA with other fair f statutes to prohibit redlining. By placing a pro- lending statutes. This has placed the Justice hibition on redlining in statute, we will be CREDIT OPPORTUNITY Department in the position of being an addi- sending a clear message that we are opposed AMENDMENTS ACT OF 1997 tional bank regulator. This new bank regulator to discrimination in lending in all forms, wheth- caught the lending industry off guard by using er based on an individual's race, gender, age, HON. BILL McCOLLUM the disparate impact test for proving discrimi- sex, or makeup of the neighborhood where nation. Disparate impact is a controversial the- the individual lives or works. OF FLORIDA ory for proving discrimination in employment This will also clarify that the method chosen IN THE HOUSE OF REPRESENTATIVES law purely using statistical data. Under this to enforce our antidiscrimination laws is clear Tuesday, January 7, 1997 scenario, a lender can be found to have dis- and resides in the fair housing and lending criminated without some element of intent or Mr. MCCOLLUM. Mr. Speaker, today I rise laws. No longer will regulators be forced to without proving that any harm resulted from a to reintroduce the Credit Opportunity Amend- confront laws to attempt to address problems ments Act which will fundamentally reform the lending practice. This legislation remedies these problems that the laws are inadequate for the purpose. Community Reinvestment Act [CRA] of 1977, while ensuring that lenders reinvest in the Third, the Credit Opportunity Amendment and clarify the enforcement of our fair lending communities in which they serve. First, it re- Act adds two criteria to the current use of the laws. places the current system of enforcement and disparate impact theory. First, it requires regu- The original purpose of CRA was to encour- graded written evaluations with a public disclo- lators show actual proof that the lender dis- age banks to loan into the communities in sure requirement. This will dramatically reduce criminated and that the discrimination caused which they maintained deposit taking facilities. unnecessary paperwork and end the extortion- harm to the victim. Second, this legislation re- In addition, the Members of the 95th Con- like nature of the current enforcement mecha- quires the party bringing suit to prove the gress were concerned about redlining, the nism. lender intended to discriminate when making practice of denying loans in certain neighbor- This approach allows bank customers to de- its lending criteria. hoods based on racial or ethnic characteris- cide whether the bank is doing an adequate Finally, by designating a lead regulator to tics. The enforcement mechanism chosen was job in meeting its community obligations; not to have CRA performance taken into account enforce our fair lending and community rein- bureaucrats in Washington or organized com- vestment statutes, we will have more even- when regulators were deciding on applications munity groups. If not, consumers can take handed enforcement of these laws. In turn, by the banks. their business elsewhere. banks will be in a better position to know how When CRA passed in 1977, the Senate re- This will not end the congressional require- port stated that no new paperwork would be ment that banks invest in their community. Nor to comply with them. Currently, confusion is required under the new law. It was believed will it stop organized groups from being in- the most prevailing reaction to the enforce- that examiners had all the information they volved. They will have the enforcement from ment of CRA over the last 15 years and fair needed on hand from call reports and their ex- the public disclosure on the bank's intentions lending more recently. amination reports to enforce CRA. This is not and performance. They can raise any con- The current bill makes substantial reforms to the case. Instead of relying on existing infor- cerns with the bank or the regulators at any CRA which I strongly support. By enacting this mation, regulators have created expansive time. Consumers and the groups representing legislation, we make a bold step to eliminate new reporting requirements resulting in their interests can make their concerns known credit allocations in the guise of CRA and ra- mounds of additional paperwork and many without having the extraordinary authority to tionalize our regulation of the banking industry. wasted hours that could have been used to hold up mergers and other obligations. At the same time, we make it absolutely clear serve the community. The second change in this bill makes the that redlining is unacceptable and is against CRA's enforcement mechanism has gone practice of redlining a violation of the Equal the law. Therefore, Mr. Speaker, I urge my completely haywire. It has become what many Credit Opportunity Act and the Fair Housing colleagues to support my legislation in the refer to as regulatory extortion. By holding up Act. Redlining will be defined as failing to 105th Congress. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, JANUARY 7, 1997 NO. 1 Daily Digest RE´ SUME´ OF CONGRESSIONAL ACTIVITY OF THE ONE HUNDRED FOURTH CONGRESS This table gives a comprehensive re´sume´ of all legislative business transacted by the House and Senate from January 4, 1995 through October 4, 1996. FIRST SESSION SECOND SESSION January 4, 1995 through January 3, 1996 January 3, 1996 through October 4, 1996 Senate House Total Senate House Total Days in session ...... 211 168 . . Days in session ...... 132 122 . . Time in session ...... 1,839 hrs., 10′ 1,525 hrs., 25′ . . Time in session ...... 1,036 hrs., 45′ 919 hrs., 12′ . . Congressional Record: Congressional Record: Pages of proceedings ...... 19,345 15,658 35,003 Pages of proceedings ...... 12,471 12,304 . . Extensions of Remarks ...... 2,455 2,455 Extensions of Remarks ...... 1,951 . . Public bills enacted into law ...... 28 60 88 Public bills enacted into law ...... 53 192 . . Private bills enacted into law ...... Private bills enacted into law ...... 1 3 . . Measures passed, total ...... 346 483 . . Bills in conference ...... 2 8 . . Senate bills ...... 77 34 . . Measures passed, total ...... 476 529 . . House bills ...... 80 214 . . Senate bills ...... 149 50 . . Senate joint resolutions ...... 7 . . . . House bills ...... 178 276 . . House joint resolutions ...... 11 15 . . Senate joint resolutions ...... 3 4 . . Senate concurrent resolutions ... 14 10 . . House joint resolutions ...... 13 18 . . House concurrent resolutions ... 18 27 . . Senate concurrent resolutions ... 20 11 . . Simple resolutions ...... 139 183 . . House concurrent resolutions ... 25 41 . . Simple resolutions ...... 88 129 . . Measures reported, total ...... *249 *400 . . Measures reported, total ...... *260 *371 . . Senate bills ...... 166 8 . . Senate bills ...... 181 8 . . House bills ...... 35 236 . . House bills ...... 63 255 . . Senate joint resolutions ...... 8 . . . . Senate joint resolutions ...... 1 0 . . House joint resolutions ...... 7 7 . . House joint resolutions ...... 1 5 . . Senate concurrent resolutions ... 7 . . . . Senate concurrent resolutions ... 4 0 . . House concurrent resolutions ... 1 3 . . House concurrent resolutions ... 1 7 . . Simple resolutions ...... 25 146 . . Simple resolutions ...... 9 96 . . Special reports ...... 16 12 . . Special reports ...... 15 38 . . Conference reports ...... 0 32 . . Conference reports ...... 1 34 . . Measures pending on calendar ...... 162 50 . . Measures pending on calendar ...... 267 74 . . Measures introduced, total ...... 1,801 3,430 . . Measures introduced, total ...... 860 1,899 . . Bills ...... 1,514 2,840 . . Bills ...... 687 1,504 . . Joint resolutions ...... 45 137 . . Joint resolutions ...... 20 61 . . Concurrent resolutions ...... 36 130 . . Concurrent resolutions ...... 36 102 . . Simple resolutions ...... 206 324 . . Simple resolutions ...... 117 232 . . Quorum calls ...... 3 18 . . Quorum calls ...... 2 1 . . Yea-and-nay votes ...... 613 299 . . Yea-and-nay votes ...... 306 223 . . Recorded votes ...... 568 . . Recorded votes ...... 231 . . Bills vetoed ...... 1 9 . . Bills vetoed ...... 0 6 . . Vetoes overridden ...... 1 . . Vetoes overridden ...... 0 1 . .

* These figures include all measures reported, even if there was no accom- * These figures include all measures reported, even if there was no accom- panying report. A total of 200 reports have been filed in the Senate, a panying report. A total of 194 reports have been filed in the Senate, a total of 444 reports have been filed in the House. total of 443 reports have been filed in the House.

D1 D2 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997

DISPOSITION OF EXECUTIVE NOMINATIONS These tables account for all nominations submitted to the Senate by the President for confirmation.

FIRST SESSION SECOND SESSION January 4, 1995 through January 3, 1996 January 3, 1996 through October 3, 1996 Civilian nominations, totaling 461, disposed of as follows: Civilian nominations, totaling 342 (including 119 nominations carried over from the first session), disposed of as follows: Confirmed ...... 331 Unconfirmed ...... 119 Confirmed ...... 150 Withdrawn ...... 10 Unconfirmed ...... 181 Returned at Sine Die Adjournment ...... 1 Withdrawn ...... 11

Civilian nominations (FS, PHS, CG, NOAA), totaling 1,878 (including Civilian nominations (FS, PHS, CG, NOAA), totaling 2,005, disposed 320 nominations carried over from the first session), disposed of of as follows: as follows: Confirmed ...... 1,685 Confirmed ...... 1,335 Unconfirmed ...... 320 Unconfirmed ...... 543

Air Force nominations, totaling 18,521, disposed of as follows: Air Force nominations, totaling 11,165 (including 4,952 nominations carried over from the first session), disposed of as follows: Confirmed ...... 13,569 Unconfirmed ...... 4,952 Confirmed ...... 11,159 Unconfirmed ...... 6

Army nominations, totaling 12,345, disposed of as follows: Army nominations, totaling 11,024 (including 2,304 nominations car- Confirmed ...... 10,041 ried over from the first session), disposed of as follows: Unconfirmed ...... 2,304 Confirmed ...... 11,018 Unconfirmed ...... 6 Navy nominations, totaling 12,106, disposed of as follows: Confirmed ...... 12,077 Navy nominations, totaling 7,186 (including 21 nominations carried Unconfirmed ...... 21 over from the first session), disposed of as follows: Returned at Sine Die Adjournment ...... 8 Confirmed ...... 7,175 Unconfirmed ...... 11 Marine Corps nominations, totaling 2,841, disposed of as follows: Confirmed ...... 2,832 Marine Corps nominations, totaling 2,340 (including 8 nominations carried over from the first session), disposed of as follows: Unconfirmed ...... 8 Withdrawn ...... 1 Confirmed ...... 2,339 Unconfirmed ...... 1

Summary Summary Total nominations received this session ...... 48,279 Total nominations carried over from the first session ...... 7,724 Total confirmed ...... 40,535 Total nominations received this session ...... 26,211 Total unconfirmed ...... 7,724 Total confirmed ...... 33,176 Total withdrawn ...... 11 Total unconfirmed ...... 748 Returned at Sine Die Adjournment ...... 9 Total withdrawn ...... 11 January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D3 BILLS ENACTED INTO PUBLIC LAW (104TH, 2D SESSION)

Law No. Law No. Law No. Law No. Law No. S. 4 ...... 104–130 S.J. Res. 38 ...... 104–126 H.R. 1975 ...... 104–185 H.R. 2967 ...... 104–259 H.R. 3660 ...... 104–266 S. 39 ...... 104–297 S.J. Res. 53 ...... 104–140 H.R. 2024 ...... 104–142 H.R. 2969 ...... 104–128 H.R. 3663 ...... 104–184 S. 342 ...... 104–323 S.J. Res. 64 ...... 104–282 H.R. 2029 ...... 104–105 H.R. 2982 ...... 104–213 H.R. 3666 ...... 104–204 S. 531 ...... 104–175 H.R. 2036 ...... 104–119 H.R. 2988 ...... 104–260 H.R. 3675 ...... 104–205 S. 533 ...... 104–219 H.R. 248 ...... 104–166 H.R. 2061 ...... 104–101 H.R. 3005 ...... 104–290 H.R. 3676 ...... 104–217 S. 640 ...... 104–303 H.R. 255 ...... 104–135 H.R. 2064 ...... 104–144 H.R. 3019 ...... 104–134 S. 641 ...... 104–146 H.R. 3680 ...... 104–192 H.R. 394 ...... 104–95 H.R. 2066 ...... 104–149 H.R. 3021 ...... 104–115 H.R. 3710 ...... 104–230 S. 652 ...... 104–104 H.R. 497 ...... 104–169 H.R. 2070 ...... 104–161 H.R. 3029 ...... 104–151 S. 677 ...... 104–220 H.R. 543 ...... 104–283 H.R. 2111 ...... 104–108 H.R. 3034 ...... 104–133 H.R. 3723 ...... 104–294 S. 735 ...... 104–132 H.R. 632 ...... 104–308 H.R. 2137 ...... 104–145 H.R. 3055 ...... 104–141 H.R. 3734 ...... 104–193 S. 811 ...... 104–298 H.R. 657 ...... 104–241 H.R. 2196 ...... 104–113 H.R. 3056 ...... 104–240 H.R. 3754 ...... 104–197 S. 919 ...... 104–235 H.R. 680 ...... 104–242 H.R. 2203 ...... 104–97 H.R. 3060 ...... 104–227 H.R. 3802 ...... 104–231 S. 1004 ...... 104–324 H.R. 701 ...... 104–165 H.R. 2243 ...... 104–143 H.R. 3068 ...... 104–261 H.R. 3815 ...... 104–295 S. 1044 ...... 104–299 H.R. 740 ...... 104–198 H.R. 2297 ...... 104–287 H.R. 3074 ...... 104–234 H.R. 3816 ...... 104–206 S. 1124 ...... 104–106 H.R. 782 ...... 104–177 H.R. 2337 ...... 104–168 H.R. 3103 ...... 104–191 H.R. 3834 ...... 104–189 S. 1136 ...... 104–153 H.R. 869 ...... 104–136 H.R. 2353 ...... 104–110 H.R. 3107 ...... 104–172 S. 1194 ...... 104–325 H.R. 3845 ...... 104–194 H.R. 927 ...... 104–114 H.R. 2366 ...... 104–224 H.R. 3118 ...... 104–262 H.R. 3864 ...... 104–316 S. 1316 ...... 104–182 H.R. 2415 ...... 104–138 H.R. 3120 ...... 104–214 S. 1341 ...... 104–102 H.R. 1011 ...... 104–243 H.R. 3870 ...... 104–190 S. 1467 ...... 104–300 H.R. 1014 ...... 104–244 H.R. 2428 ...... 104–210 H.R. 3121 ...... 104–164 H.R. 3871 ...... 104–267 S. 1494 ...... 104–120 H.R. 1051 ...... 104–173 H.R. 2437 ...... 104–158 H.R. 3136 ...... 104–121 H.R. 3877 ...... 104–268 S. 1505 ...... 104–304 H.R. 1114 ...... 104–174 H.R. 2464 ...... 104–211 H.R. 3139 ...... 104–187 H.R. 3910 ...... 104–318 S. 1507 ...... 104–232 H.R. 1266 ...... 104–123 H.R. 2501 ...... 104–249 H.R. 3155 ...... 104–311 H.R. 3916 ...... 104–269 H.R. 2504 ...... 104–225 H.R. 3159 ...... 104–291 S. 1577 ...... 104–274 H.R. 1281 ...... 104–309 H.R. 3973 ...... 104–270 S. 1579 ...... 104–156 H.R. 1290 ...... 104–245 H.R. 2508 ...... 104–250 H.R. 3161 ...... 104–171 H.R. 1295 ...... 104–98 H.R. 2512 ...... 104–223 H.R. 3166 ...... 104–292 H.R. 4018 ...... 104–200 S. 1636 ...... 104–221 H.R. 4036 ...... 104–319 S. 1649 ...... 104–326 H.R. 1335 ...... 104–246 H.R. 2556 ...... 104–139 H.R. 3186 ...... 104–228 H.R. 1350 ...... 104–239 H.R. 2579 ...... 104–288 H.R. 3215 ...... 104–178 H.R. 4083 ...... 104–306 S. 1669 ...... 104–202 H.R. 4137 ...... 104–305 S. 1675 ...... 104–236 H.R. 1358 ...... 104–91 H.R. 2594 ...... 104–251 H.R. 3219 ...... 104–330 S. 1711 ...... 104–275 H.R. 1366 ...... 104–247 H.R. 2627 ...... 104–96 H.R. 3230 ...... 104–201 H.R. 4138 ...... 104–271 S. 1757 ...... 104–183 H.R. 1508 ...... 104–163 H.R. 2630 ...... 104–252 H.R. 3235 ...... 104–179 H.R. 4167 ...... 104–272 S. 1802 ...... 104–276 H.R. 1514 ...... 104–284 H.R. 2657 ...... 104–111 H.R. 3249 ...... 104–312 H.R. 4168 ...... 104–273 S. 1834 ...... 104–233 H.R. 1606 ...... 104–100 H.R. 2660 ...... 104–253 H.R. 3259 ...... 104–293 H.R. 4194 ...... 104–320 S. 1887 ...... 104–317 H.R. 1627 ...... 104–170 H.R. 2679 ...... 104–212 H.R. 3269 ...... 104–195 H.R. 4236 ...... 104–333 S. 1899 ...... 104–167 H.R. 1642 ...... 104–203 H.R. 2685 ...... 104–226 H.R. 3287 ...... 104–215 H.R. 4283 ...... 104–332 S. 1903 ...... 104–154 H.R. 1643 ...... 104–92 H.R. 2695 ...... 104–254 H.R. 3364 ...... 104–160 S. 1931 ...... 104–277 H.R. 1655 ...... 104–93 H.R. 2700 ...... 104–255 H.R. 3378 ...... 104–313 H.J. Res. 78 ...... 104–125 S. 1965 ...... 104–237 H.R. 1718 ...... 104–112 H.R. 2704 ...... 104–159 H.R. 3396 ...... 104–199 H.J. Res. 134 ...... 104–94 S. 1970 ...... 104–278 H.R. 1734 ...... 104–285 H.R. 2726 ...... 104–109 H.R. 3400 ...... 104–229 H.J. Res. 153 ...... 104–90 S. 1973 ...... 104–301 H.R. 1743 ...... 104–147 H.R. 2739 ...... 104–186 H.R. 3448 ...... 104–188 H.J. Res. 163 ...... 104–116 S. 1995 ...... 104–222 H.R. 1772 ...... 104–209 H.R. 2773 ...... 104–256 H.R. 3452 ...... 104–331 H.J. Res. 165 ...... 104–118 S. 2078 ...... 104–307 H.R. 1776 ...... 104–329 H.R. 2778 ...... 104–117 H.R. 3458 ...... 104–263 H.R. 1787 ...... 104–124 H.R. 2779 ...... 104–289 H.R. 3517 ...... 104–196 H.J. Res. 166 ...... 104–181 S. 2085 ...... 104–279 H.J. Res. 168 ...... 104–129 S. 2100 ...... 104–280 H.R. 1791 ...... 104–248 H.R. 2803 ...... 104–152 H.R. 3525 ...... 104–155 S. 2101 ...... 104–238 H.R. 1804 ...... 104–137 H.R. 2808 ...... 104–89 H.R. 3539 ...... 104–264 H.J. Res. 170 ...... 104–122 S. 2153 ...... 104–281 H.R. 1823 ...... 104–286 H.R. 2816 ...... 104–257 H.R. 3546 ...... 104–265 H.J. Res. 175 ...... 104–131 S. 2183 ...... 104–327 H.R. 1836 ...... 104–148 H.R. 2853 ...... 104–162 H.R. 3553 ...... 104–216 H.J. Res. 191 ...... 104–218 S. 2197 ...... 104–302 H.R. 1868 ...... 104–107 H.R. 2854 ...... 104–127 H.R. 3568 ...... 104–314 H.J. Res. 193 ...... 104–321 S. 2198 ...... 104–328 H.R. 1874 ...... 104–310 H.R. 2869 ...... 104–258 H.R. 3603 ...... 104–180 H.J. Res. 194 ...... 104–322 H.R. 1880 ...... 104–157 H.R. 2880 ...... 104–99 H.R. 3610 ...... 104–208 H.J. Res. 197 ...... 104–207 S.J. Res. 20 ...... 104–176 H.R. 1965 ...... 104–150 H.R. 2924 ...... 104–103 H.R. 3632 ...... 104–315 H.J. Res. 198 ...... 104–296

BILLS VETOED H.R. 4, to enhance support and work opportunities for families with children, reduce welfare dependence, and control welfare spending. Vetoed Jan. 9, 1996. H.R. 1833, to amend title 18, United States Code, to ban partial-birth abortions. Vetoed Apr. 10, 1996. H.R. 1561, to consolidate the foreign affairs agencies of the United States; to authorize appropriations for the Department of State and related agencies for fiscal years 1996 and 1997; and to responsibly reduce the authorizations of appropriations for United States foreign assistance programs for fiscal years 1996 and 1997. Vetoed Apr. 12, 1996. H.R. 956, to establish legal standards and procedures for product liability litigation. Vetoed May 2, 1996. H.R. 743, to amend the National Labor Relations Act to allow labor management cooperative efforts that improve economic competitiveness in the United States to continue to thrive. Vetoed July 30, 1996. H.R. 2909, to amend the Silvio O. Conte National Fish and Wildlife Refuge Act to provide that the Secretary of the Interior may acquire lands for purposes of that Act only by donation or exchange, or otherwise with the consent of the owner of the lands. Vetoed Oct. 2, 1996.

HISTORY OF BILLS ENACTED INTO PUBLIC LAW

(104th Cong., 2d Sess.)

D5 D6 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997 99 89 90 91 92 93 94 95 96 97 98 103 100 101 102 104 105 106 107 108 No. 104– Public Law proved Date ap- Jan. 26 Feb. 8 Jan. 4 Jan. 4 Jan. 6 Jan. 6 Jan. 6 Jan. 6 Jan. 10 Jan. 10 Jan. 11 Jan. 16 Feb. 1 Feb. 1 Feb. 6 Feb. 8 Feb. 10 Feb. 10 Feb. 12 Feb. 12 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 Senate Jan. 26 Feb. 1 Dec. 31 Jan. 4 Dec. 22 Jan. 2 Sept. 29 Dec. 22 Dec. 22 Dec. 22 Dec. 29 Dec. 29 Oct. 24 Jan. 5 Nov. 29 June 15 Dec. 21 Sept. 6 Sept. 21 Jan. 26 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 Date of passage House Jan. 25 Feb. 1 Dec. 19 Jan. 3 Oct. 30 July 11 Sept. 13 Dec. 20 Dec. 18 Dec. 19 Dec. 19 Dec. 12 Oct. 17 Dec. 18 Jan. 23 Oct. 12 Dec. 19 Jan. 5 July 11 Dec. 18 Senate S 446 S 726 S 19322 S 36 S 19282 S 19343 S 14797 S 19205 S 19273 S 19285 S 19311 S 19312 S 15591 S 102 S 17827 S 8480 S 19140 S 12675 S 14081 S 531 Record Page of passage in Congressional House H 900 H 1200 H 15106 H 51 H 11390 H 6756 H 8834 H 15308 H 14972 H 15108 H 15107 H 14317 H 10093 H 14977 H 766 H 10000 H 15162 H 306 H 6769 H 14978 97 23 174 143 104– Senate ...... 138 374 412 439 191 143 287 162 389 421 411 Report No. 104– House 1995 1995 1995 1995 Senate ...... Aug. 4 Oct. 25 Nov. 17 Sept. 14 Date Reported 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 House ...... Oct. 20 June 27 June 14 July 19 Dec. 7 Nov. 30 Dec. 18 Dec. 21 Dec. 18 July 28 July 18 June 15 Dec. 18 Senate CST Fin Fin EPW IA Agr App EPW Committee House App WM IR Res WM Int NS GRO App Jud BFS BFS Jud GRO TI Res BFS Agr Agr NS Com TI App TI 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 Date intro- duced Dec. 19 Jan. 3 Mar. 29 May 16 May 17 Dec. 20 Jan. 4 Nov. 14 Aug. 4 Mar. 22 Jan. 25 May 10 July 19 Oct. 19 Feb. 1 Mar. 30 July 13 Aug. 7 June 15 July 25 (S. 922) Bill No. (S. 1431) (S. 1097) (S. 1555) (H.R. 714) H.R. 1606 H.R. 1868 H.R. 2808 H.J. Res. 153 H.R. 1358 H.R. 1643 H.R. 1655 H.J. Res. 134 H.R. 394 H.R. 2627 H.R. 2203 H.R. 1295 H.R. 2880 H.R. 2061 S. 1341 H.R. 2924 S. 652 H.R. 2029 S. 1124 H.R. 2111 ...... Title . . . . . Peace Facilitation Act of 1994 until March 31, 1996 the fiscal year 1996 vey to the Commonwealth of Massachusetts the National Marine Fisheries Service lab- oratory located on Emerson Avenue in Gloucester, Massachusetts the fiscal year 1996 1996 the fiscal year 1996 limit State taxation of certain pension in- come memorative Coin Act of 1995 the Export-Import Bank of United States, and to allow the Export-Import Bank to conduct a demonstration project building located at 24 Corliss Street, Provi- dence, Rhode Island, as the ‘‘Harry Kizirian Post Office Building’’ 1550 Dewey Avenue, Baker City, Oregon as the ‘‘David J. Wheeler Federal Building’’ of 1995 curity benefits in March 1996 Year 1996 lated Programs Appropriations Act, 1996 1221 Nevin Avenue in Richmond, Califor- nia, as the ‘‘Frank Hagel Federal building’’ To extend authorities under the Middle East Making further continuing appropriations for To require the Secretary of Commerce to con- Making appropriations for certain activities Intelligence Authorization Act for Fiscal Year Making further continuing appropriations for To amend title 4 of the United States Code to Smithsonian Institution Sesquicentennial Com- To reauthorize the tied aid credit program of Federal Trademark Dilution Act of 1995 The Balanced Budget Downpayment Act, I To designate the United States Post Office To designate the Federal building located at Saddleback Mountain-Arizona Settlement Act To guarantee the timely payment of social se- Telecommunications Act of 1996 Farm Credit System Reform Act of 1996 National Defense Authorization Act for Fiscal Foreign operations, Export financing, and Re- To designate the Federal building located at January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D7 115 116 118 121 122 127 128 129 109 110 111 112 113 114 117 119 120 123 124 125 126 Mar. 12 Mar. 15 Mar. 22 Mar. 29 Mar. 29 April 4 April 9 April 9 Feb. 12 Feb. 13 Feb. 13 Mar. 5 Mar. 7 Mar. 12 Mar. 20 Mar. 26 Mar. 28 April 1 April 1 April 1 April 1 1995 1995 Mar. 7 Mar. 14 Mar. 21 Mar. 28 Mar. 29 Mar. 12 Mar. 25 Mar. 28 Jan. 26 Jan. 5 Feb. 1 Feb. 7 Feb. 7 Oct. 19 Mar. 6 Feb. 20 Jan. 24 Mar. 19 Mar. 19 Mar. 15 Dec. 18 1995 1995 1995 1995 1995 1995 Mar. 7 Mar. 14 Mar. 21 Mar. 28 Mar. 29 Feb. 29 Mar. 21 Mar. 26 Jan. 23 Oct. 17 Jan. 23 Dec. 18 Dec. 12 Sept. 21 Mar. 5 Jan. 31 Feb. 27 May 15 Dec. 12 Mar. 12 Mar. 19 S 1630 S 2094 S 2621 S 3125 S 3196 S 1899 S 2838 S 3124 S 530 S 108 S 724 S 1077 S 1082 S 15325 S 1608 S 1282 S 350 S 2267 S 2267 S 2210 S 18830 H 1982 H 2238 H 2588 H 3029 H 3206 H 1575 H 2577 H 2857 H 766 H 10118 H 765 H 14976 H 14336 H 9399 H 1697 H 1063 H 1290 H 4925 H 14266 H 2082 H 2341 163 ...... 462 467 444 275 202 465 115 377 485 413 390 454 386 ...... 1995 1995 1995 1995 ...... Mar. 6 Dec. 12 Oct. 19 June 22 Nov. 9 1995 1995 1995 1995 1995 1995 1995 1995 ...... Feb. 9 Feb. 29 Mar. 8 Dec. 30 Oct. 12 Dec. 18 Dec. 7 July 24 Feb. 29 Jan. 30 May 9 Dec. 6 Nov. 30 Mar. 18 SB EPW CST EPW BHUA ENR LHR Jud Jud WM App App WM Bud R Jud SB GRO App Agr WM WM Com HO Res VA BFS TI Sci IR WM Jud BFS WM Com Res Com Jud Jud 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 Dec. 6 Sept. 19 Nov. 17 May 25 Aug. 4 Feb. 14 Mar. 6 Mar. 13 Dec. 14 Mar. 20 July 13 Dec. 21 Mar. 21 Mar. 29 Mar. 16 June 8 Mar. 10 Sept. 29 Jan. 5 Feb. 23 Mar. 26 (S. 991) (S. 942) (S. 1541) (S.J. Res. 27) (H.J. Res. 129) H.R. 2657 H.J. Res. 78 H.R. 2726 H.R. 2353 H.R. 1718 H.R. 2196 H.R. 927 H.R. 3021 H.J. Res. 163 H.R. 2778 H.J. Res. 165 H.R. 2036 S. 1494 H.R. 3136 H.J. Res. 170 H.R. 1266 H.R. 1787 S.J. Res. 38 H.R. 2854 H.R. 2969 H.J. Res. 168 ...... relating to Native Americans tend the authority of Secretary Veter- ans Affairs to carry out certain programs and activities, to require certain reports from the Secretary of Veterans Affairs and Billy Graham cated at 197 South Main Street in Wilkes- Barre, Pennsylvania, as the ‘‘Max Rosenn United States Courthouse’’ ment Act of 1995 (LIBERTAD) Act of 1996 of Social Security and other Federal funds in obligations of the United States the fiscal year 1996 performing services for the peacekeeping ef- forts in Bosnia and Herzegovina, Croatia, and Macedonia shall be entitled to tax ben- efits in the same manner as if such services were performed in a combat zone the fiscal year 1996 1996 of 1996 1996 the fiscal year 1996 metic Act to repeal the saccharin notice re- quirement tain additional powers conferred upon the Bi-State Development Agency by the States of Missouri and Illinois mont-New Hampshire Interstate Public Water Supply Compact Act of 1996 respect to two bills of the One Hundred Fourth Congress To make certain technical corrections in laws To amend title 38, United States Code, to ex- To award a congressional gold medal to Ruth To designate the United States courthouse lo- National Technology Transfer and Advance- Cuban Liberty and Democratic Solidarity To guarantee the continuing full investment Making further continuing appropriations for To provide that members of the Armed Forces Making further continuing appropriations for Land Disposal Program Flexibility Act of Housing Opportunity Program Extension Act Contract with America Advancement Act of Making further continuing appropriations for Greens Creek Land Exchange Act of 1995 To amend the Federal Food, Drug, and Cos- To grant the consent of Congress to cer- Granting the consent of Congress to Ver- Federal Agriculture Improvement and Reform Federal Tea Tasters Repeal Act of 1996 Waiving certain enrollment requirements with D8 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997 131 133 134 140 141 130 132 135 136 137 138 139 142 143 144 145 146 No. 104– Public Law proved Date ap- April 24 April 25 April 26 May 2 May 6 April 9 April 24 April 30 April 30 April 30 April 30 April 30 May 13 May 15 May 16 May 17 May 20 24 18 30 24 1995 1995 16 16 16 16 16 25 1995 Senate April April Mar. 19 April April Mar. 23 June 7 April April April April April April May 3 May 3 May 9 July 27 1995 1995 1995 1995 1995 1995 1995 1995 Date of passage House April 24 April 16 Mar. 7 April 30 April 23 May 17 Mar. 14 Dec. 5 Dec. 5 Dec. 5 Dec. 18 Dec. 18 April 23 Dec. 12 Mar. 12 May 7 Sept. 18 Senate S 4047 S 3691 S 2309 S 4388 S 4092 S 4484 S 7857 S 3414 S 3414 S 3414 S 3415 S 3415 S 4265 S 4686 S 4685 S 4921 S 10760 Record Page of passage in Congressional House H 3817 H 3423 H 1958 H 4131 H 3670 H 5090 H 2304 H 13951 H 13972 H 13973 H 14978 H 14982 H 3679 H 14348 H 2083 H 4494 H 9067 9 25 253 104– Senate ...... 23 504 361 365 367 415 418 530 395 376 555 245 Report No. 104– House ...... 1995 1995 16 1995 1995 Senate ...... Feb. 27 Mar. 7 Mar. 28 Mar. 28 Mar. 28 Mar. 28 Mar. 28 April Oct. 26 April 3 Date Reported 1995 1995 1995 1995 1995 1995 1995 1995 1995 House ...... Mar. 28 Feb. 8 Nov. 28 Nov. 28 Nov. 28 Dec. 18 Dec. 18 April 23 Dec. 11 Nov. 30 May 6 Sept. 14 Senate Bud GA Jud EPW EPW EPW EPW EPW EPW Jud LHR Committee House BFS Bud App Res App Bud App Bud EEO Jud TI TI TI WM TI TI Com Res Jud Jud Com 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 Date intro- duced Jan. 4 April 23 April 27 Mar. 6 Mar. 5 Jan. 4 Feb. 8 June 8 Sept. 28 Oct. 30 April 29 Mar. 7 July 12 Aug. 4 July 19 July 27 Mar. 28 (S. 848) Bill No. (H.R. 729) (H.R. 3019) (H.R. 1872) H.R. 255 S.J. Res. 53 S. 4 H.J. Res. 175 S. 735 H.R. 3034 H.R. 3019 H.R. 869 H.R. 1804 H.R. 2415 H.R. 2556 H.R. 3055 H.R. 2024 H.R. 2243 H.R. 2064 H.R. 2137 S. 641 ...... Title ...... the fiscal year 1996 of 1996 Education Assistance Act to extend for two months the authority for promulgating reg- ulations under the Act priations Act of 1996 Miami, Florida, as the ‘‘James Lawrence King Federal Justice Building’’ States courthouse located at 125 Market Street in Youngstown, Ohio, as the ‘‘Thom- as D. Lambros Federal Building and United States Courthouse’’ Courthouse located at South 6th and Rogers Avenue, Fort Smith, Arkansas, as the ‘‘Judge Isaac C. Parker Federal Building’’ ministrative Building at the Ysleta/Zaragosa Port of Entry located at 797 South Zaragosa Road in El Paso Texas, as the ‘‘Timothy C. McCaghren Customs Administrative Build- ing’’ 345 Middlefield Road in Menlo Park, Cali- fornia, and known as the Earth Sciences Library Building, as the ‘‘Vincent E. McKelvey Federal Building’’ cation Act of 1965 to permit continued participation by Historically Black Graduate Professional Schools in the grant program authorized by that section Management Act agement Reauthorization Act of 1995 amendment of the Historic Chattahoochee Compact between the States of Alabama and Georgia Line Item Veto Act Making further continuing appropriations for Antiterrorism and Effective Death Penalty Act To amend the Indian Self-Determination and Omnibus Consolidated Rescissions and Appro- To designate the Federal Justice Building in To designate the Federal building and United To designate the United States Post Office- To designate the United States Customs Ad- To redesignate the Federal building located at Making corrections to Public Law 104-134 To amend section 326 of the Higher Edu- Mercury-Containing and Rechargeable Battery Trinity River Basin Fish and Wildlife Man- To grant the consent of Congress to an Megan’s Law Ryan White CARE Act Amendments of 1996 January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D9 151 155 160 162 164 147 148 149 150 152 153 154 156 157 158 159 161 163 165 July 1 July 3 July 9 July 18 July 21 May 24 May 24 May 29 June 3 July 2 July 2 July 2 July 5 July 9 July 9 July 9 July 18 July 19 July 24 1995 June 18 June 26 June 27 June 28 June 27 May 3 May 3 May 16 May 21 June 20 Dec. 13 June 25 June 14 June 27 June 26 June 27 June 28 June 28 July 9 1995 1995 1995 1995 1995 1995 1995 June 10 June 18 June 10 Mar. 5 April 16 Oct. 17 April 23 May 14 April 23 June 18 June 4 June 25 June 18 Dec. 19 Nov. 7 Dec. 19 Oct. 17 Oct. 30 July 31 S 6417 S 6945 S 7216 S 7341 S 7210 S 4685 S 4688 S 5207 S 5459 S 6628 S 18580 S 6820 S 6299 S 7217 S 7066 S 7217 S 7340 S 7340 S 7502 H 6047 H 6478 H 6089 H 1697 H 3433 H 10110 H 3691 H 4913 H 3698 H 6449 H 5780 H 6797 H 6469 H 15158 H 11801 H 15161 H 10117 H 11389 H 8001 265 252 177 266 196 294 ...... 588 621 611 466 519 242 529 561 618 556 305 277 521 215 ...... 16 1995 1995 ...... June 20 May 9 June 26 April Nov. 28 May 13 May 23 Dec. 21 May 23 June 26 June 26 1995 1995 1995 1995 ...... May 21 June 17 June 6 Feb. 29 April 16 Sept. 8 April 22 May 7 April 16 June 12 May 6 Nov. 6 Oct. 17 July 31 EPW EPW Fin FR EPW CST Jud GA GA ENR GA FR GA Agr TI Jud TI WM IR R Res Res EEO Res Jud Jud GRO Res GRO IR Res GRO Agr 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 June 6 June 14 July 19 June 29 Mar. 6 Dec. 18 Aug. 9 June 25 May 23 Feb. 27 June 16 Sept. 29 Dec. 5 April 30 July 19 Jan. 5 April 7 Mar. 20 Jan. 26 (S. 1510) (H.R. 2511) H.R. 3525 H.R. 2437 H.R. 3364 H.R. 2853 H.R. 1743 H.R. 1836 H.R. 2066 H.R. 1965 H.R. 3029 H.R. 2803 S. 1136 S. 1903 S. 1579 H.R. 1880 H.R. 2704 H.R. 2070 H.R. 1508 H.R. 3121 H.R. 701 ...... of 1984 to extend the authorizations ap- propriations through fiscal year 2000 acquire property in the town of East Hamp- ton, Suffolk County, New York, for inclu- sion in the Amagansett National Wildlife Refuge Washington, District of Columbia, as the ‘‘E. Barrett Prettyman United States Court- house’’ of 1996 pleted in the year 2000, that replaces bridge on Missouri highway 74 spanning from East Cape Girardeau, Illinois to Girardeau, Missouri, as the ‘‘Bill Emerson Memorial Bridge’’ building located at 102 South McLean, Lin- coln, Illinois, as the ‘‘Edward Madigan Post Office Building’’ Gilpin County, Colorado building that is to be located at 7436 South Exchange Avenue, Chicago, Illinois, shall be known and designated as the ‘‘Charles A. Hayes Post Office Building’’ States Courthouse located at 235 North Washington Avenue in Scranton, Pennsylva- nia, as the ‘‘William J. Nealon Federal Building and United States Courthouse’’ United States of the Informa- tion Agency film entitled ‘‘Fragile Ring of Life’’ inatory treatment (most-favored-nation treatment) to the products of Bulgaria and the Arms Export Control Act to make improvements to certain defense and secu- rity assistance provisions under those Acts, and to authorize the transfer of naval vessels to certain foreign countries convey lands to the City of Rolla, Missouri To amend the Water Resources Research Act To authorize the Secretary of Interior to Healthy Meals for Children Act Coastal Zone Protection Act of 1996 To designate the United States courthouse in Anti-Car Theft Improvements Act of 1996 Anticounterfeiting Consumer Protection Act To designate the bridge, estimated to be com- Church Arson Prevention Act of 1996 Single Audit Act Amendments of 1996 To designate the United States Post Office To provide for the exchange of certain lands in To provide that the United States Post Office To designate the Federal building and United To provide for the distribution within To authorize the extension of nondiscrim- National Children’s Island Act of 1995 To amend the Foreign Assistance Act of 1961 To authorize the Secretary of Agriculture to D10 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997 171 172 178 179 180 181 166 167 168 169 170 173 174 175 176 177 No. 104– Public Law proved Date ap- Aug. 3 Aug. 5 Aug. 6 Aug. 6 Aug. 6 Aug. 6 July 29 July 29 July 30 Aug. 3 Aug. 3 Aug. 6 Aug. 6 Aug. 6 Aug. 6 Aug. 6 1995 1995 Senate July 19 July 16 July 31 July 24 July 24 July 31 July 12 June 28 July 11 July 17 July 24 July 25 July 16 Sept. 28 Sept. 20 July 25 1995 1995 1995 Date of passage House July 17 June 19 July 29 June 4 June 12 July 29 July 9 July 16 April 16 Mar. 5 July 23 Nov. 13 Oct. 24 July 29 July 29 Oct. 24 Senate S 8391 S 7917 S 9316 S 8738 S 8616 S 9318 S 7836 S 7337 S 7753 S 7981 S 8736 S 8830 S 7912 S 14570 S 13988 S 8941 Record Page of passage in Congressional House H 7715 H 6528 H 8603 H 5789 H 6247 H 8618 H 7126 H 7609 H 3434 H 1687 H 8148 H 12148 H 10667 H 8608 H 8616 H 10670 317 104– Senate ...... 629 523 681 595 613 705 652 506 440 669 319 697 706 230 278 Report No. 104– House 1995 1995 Senate ...... July 11 June 20 June 29 Sept. 18 Mar. 5 Date Reported 1995 1995 1995 1995 House ...... June 18 April 17 June 14 July 17 May 29 June 7 July 24 June 27 Mar. 28 Dec. 21 July 11 July 23 Nov. 7 Oct. 17 July 23 July 24 Aug. 4 Senate App ENR GA LHR Jud Jud Jud Committee House WM IR BFS WM GRO Jud Jud GRO App Jud Com WM Jud Res Agr Com Com EEO Jud Jud Jud 1995 1995 1995 1995 1995 1995 1995 1995 1995 Date intro- duced Jan. 4 June 24 Sept. 14 Jan. 11 May 12 Mar. 26 Mar. 19 Feb. 24 Mar. 2 Mar. 10 Jan. 18 Feb. 1 Mar. 29 April 15 June 7 Mar. 21 (S. 704) Bill No. (H.J. Res. 113) H.R. 1627 H.R. 3215 H.R. 248 S. 1899 H.R. 2337 H.R. 497 H.R. 3161 H.R. 3107 H.R. 1051 H.R. 1114 S. 531 S.J. Res. 20 H.R. 782 H.R. 3235 H.R. 3603 H.J. Res. 166 ...... Title ...... provide for the conduct of expanded studies and the establishment of innovative pro- grams with respect to traumatic brain in- jury Act’’ Act inatory treatment (most-favored-nation treatment) to the products of Romania electric projects located in the State of West Virginia labor provisions of the Fair Labor Standards Act of 1938 and who are under 18 years age to load materials into balers and com- pacters that meet appropriate American Na- tional Standards Institute design safety standards part in an en banc hearing of a case to con- tinue to participate in that case after taking senior status pact to provide for joint natural resource management and enforcement of laws regulations pertaining to natural resources and boating at the Jennings Randolph Lake Project lying in Garrett County, Maryland and Mineral County, West Virginia, entered into between the States of West Virginia and Maryland ment Act of 1996 peal the provision relating to Federal em- ployees contracting or trading with Indians Act of 1996 Drug Administration, and Related Agencies Appropriations Act, 1997 tual Aid Agreement between the city of Bristol, Virginia, and the city of Tennessee To amend the Public Health Service Act to Entitled the ‘‘Mollie Beattie Wilderness Area Taxpayer Bill of Rights 2 National Gambling Impact Study Commission Food Quality Protection Act of 1996 To authorize the extension of nondiscrim- Iran and Libya Sanctions Act of 1996 To provide for the extension of certain hydro- To authorize minors who are under the child To authorize a circuit judge who has taken Granting the consent of Congress to com- Federal Employee Representation Improve- To amend title 18, United States Code, to re- Office of Government Ethics Authorization Agriculture, Rural Development, Food and Granting the consent of Congress to Mu- January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D11 183 184 187 188 189 190 191 192 193 194 195 196 197 199 200 201 202 204 205 206 182 185 186 198 203 Aug. 6 Aug. 6 Aug. 20 Aug. 20 Aug. 20 Aug. 20 Aug. 21 Aug. 21 Aug. 22 Sept. 9 Sept. 16 Sept. 16 Sept. 16 Sept. 21 Sept. 22 Sept. 23 Sept. 24 Sept. 26 Sept. 30 Sept. 30 Aug. 6 Aug. 13 Aug. 20 Sept. 18 Sept. 25 23 1995 July 12 July 30 Aug. 2 July 9 Aug. 2 Aug. 2 April Aug. 2 July 23 July 25 Aug. 2 June 26 July 30 Sept. 10 Sept. 9 July 10 Sept. 10 Sept. 5 July 31 July 30 Nov. 29 Aug. 2 June 28 Sept. 4 July 25 1995 July 30 June 27 July 30 May 22 July 30 July 29 Mar. 28 July 29 July 18 July 22 May 7 May 30 July 10 July 12 Sept. 4 May 15 Sept. 11 June 26 June 28 July 25 July 17 July 16 Mar. 19 July 29 July 11 S 7836 S 9208 S 9675 S 7468 S 9675 S 9671 S 3836 S 9648 S 8532 S 8829 S 9663 S 7065 S 9115 S 10129 S 10087 S 7612 S 10240 S 9957 S 9287 S 9104 S 17774 S 9675 S 7339 S 9863 S 8930 H 8673 H 6982 H 8758 H 5478 H 8759 H 8626 H 3147 H 8620 H 7990 H 8073 H 4451 H 5674 H 7206 H 7506 H 9972 H 5103 H 10198 H 6950 H 7099 H 8387 H 7740 H 7607 H 2361 H 8619 H 6755 281 156 328 287 323 267 318 325 320 169 264 ...... 635 586 496 698 651 689 560 591 657 664 563 574 628 631 679 632 667 482 694 160 ...... 1995 1995 ...... June 18 Oct. 12 July 23 June 20 July 19 June 11 July 11 July 19 Nov. 7 June 19 May 9 1995 June 25 May 20 Mar. 25 July 24 June 27 July 18 May 7 May 23 July 8 July 9 May 7 May 14 June 18 June 19 July 16 June 24 July 11 Mar. 14 July 22 June 27 LHR Fin LHR App App App App App EPW GA Fin Com GRO GRO WM GRO GRO IR WM EEO Com Jud Jud Bud App EEO App App Jud Res NS VA App App App Com Sci Res HO Jud WM 1995 1995 1995 1995 1995 Oct. 12 May 14 June 18 June 30 Dec. 7 Mar. 21 May 14 July 17 July 23 Mar. 18 June 19 June 27 July 18 April 18 May 23 July 8 Jan. 30 May 7 Sept. 4 April 15 April 15 May 16 June 18 June 19 July 16 (S. 1028) (S. 1956) (S. 1745) (S. 1959) (H.R. 3376) (H.R. 3604) H.R. 3448 H.R. 3834 S. 1669 S. 1316 S. 1757 H.R. 3663 H.R. 1975 H.R. 2739 H.R. 3139 H.R. 3870 H.R. 3103 H.R. 3680 H.R. 3734 H.R. 3845 H.R. 3269 H.R. 3517 H.R. 3754 H.R. 740 H.R. 3396 H.R. 4018 H.R. 3230 H.R. 1642 H.R. 3666 H.R. 3675 H.R. 3816 ...... 1996 of Rights Act Amendments 1996 thority Act of 1996 and Fairness Act of 1996 form Technical Corrections Act building located at 245 Centereach Mall on the Middle Country Road in Centereach, New York, as the ‘‘Rose Y. Caracappa United States Post Office Building’’ Chicago, Illinois, as the ‘‘Roger P. McAuliffe Post Office’’ velopment to offer voluntary separation in- centive payments to employees of that agen- cy ity Act of 1996 tunity Reconciliation Act of 1996 1997 for a hold-harmless with respect to amounts for payments relating to the Federal acquisi- tion of real property 1997 Court of Federal Claims with respect to land claims of Pueblo Isleta Indian Tribe Oil and Gas Royalty Management Act of 1982 Year 1997 medical center in Jackson, Mississippi, as the ‘‘G.V. (Sonny) Montgomery Department of Veterans Affairs Medical Center’’ favored-nation treatment) to the products of Cambodia and Urban Development, Independent Agencies Appropriations Act, 1997 Agencies Appropriations Act 1997 tions Act, 1997 Safe Drinking Water Act Amendments of Developmental Disabilities Assistance and Bill District of Columbia Water and Sewer Au- Federal Oil and Gas Royalty Simplification House of Representatives Administrative Re- To redesignate the United States Post Office Small Business Job Protection Act of 1996 To redesignate the Dunning Post Office in To authorize the Agency for International De- Health Insurance Portability and Accountabil- War Crimes Act of 1996 Personal Responsibility and Work Oppor- District of Columbia Appropriations Act, To amend the Impact Aid program to provide Military Construction Appropriations Act, Legislative Branch Appropriations Act, 1997 To confer jurisdiction of the United States Defense of Marriage Act To make technical corrections in the Federal National Defense Authorization Act for Fiscal To name the Department of Veterans Affairs To extend nondiscriminatory treatment (most- Departments of Veterans Affairs and Housing Department of Transportation and Related Energy and Water Development Appropria- D12 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997 208 213 214 215 216 217 218 207 209 210 211 212 219 220 221 222 223 224 No. 104– Public Law proved Date ap- Sept. 30 Oct. 1 Oct. 1 Oct. 1 Oct. 1 Oct. 1 Oct. 1 Sept. 30 Oct. 1 Oct. 1 Oct. 1 Oct. 1 Oct. 1 Oct. 1 Oct. 1 Oct. 1 Oct. 1 Oct. 2 1995 1995 Senate July 18 Sept. 19 Sept. 19 Sept. 19 Sept. 13 Sept. 18 Sept. 18 Sept. 30 Sept. 18 Aug. 2 Sept. 19 June 27 June 30 June 30 June 27 July 31 Sept. 19 Sept. 25 1995 Date of passage House June 13 May 14 May 7 July 30 Sept. 4 Sept. 17 Sept. 17 Sept. 28 April 23 July 12 May 14 April 23 Sept. 17 Sept. 17 Sept. 18 Sept. 18 Sept. 10 Nov. 14 Senate S 8069 S 11054 S 11054 S 11054 S 10565 S 10892 S 10892 S 11816 S 10892 S 9532 S 11050 S 7211 S 9580 S 9580 S 7216 S 9317 S 11049 S 11329 Record Page of passage in Congressional House H 6389 H 4918 H 4500 H 8682 H 9932 H 10465 H 10494 H 11636 H 3699 H 7480 H 4917 H 3694 H 10494 H 10459 H 10550 H 10548 H 10154 H 12212 286 348 104– Senate ...... 617 568 549 700 754 787 796 528 661 562 527 799 800 765 323 Report No. 104– House ...... 1995 1995 Senate ...... June 20 June 25 June 25 Aug. 1 June 25 Mar. 16 May 18 June 20 Date Reported 1995 1995 House ...... June 11 May 8 May 1 July 24 Aug. 2 Sept. 16 Sept. 17 April 22 July 9 May 7 April 18 Sept. 17 Sept. 17 Sept. 4 Nov. 7 Nov. 7 Senate App EPW EPW EPW IA EPW Jud Jud EPW RAdm Fin Committee House App Res Jud Res Com Jud Jud Res EEO Res Res Jud Jud Res Com WM 1995 1995 1995 1995 1995 1995 1995 1995 Date intro- duced Sept. 28 June 11 June 7 Sept. 29 Oct. 11 Nov. 28 Feb. 28 Mar. 20 April 23 May 30 June 19 Sept. 10 Mar. 10 April 5 Mar. 21 July 26 Oct. 19 Sept. 19 Bill No. (S. 1894) S. 677 S. 1636 H.J. Res. 197 H.R. 3610 H.R. 1772 H.R. 2428 H.R. 2464 H.R. 2679 H.R. 2982 H.R. 3120 H.R. 3287 H.R. 3553 H.R. 3676 H.J. Res. 191 S. 533 S. 1995 H.R. 2512 H.R. 2366 ...... Title ...... respect to any bill or joint resolution of the One Hundred Fourth Congress making gen- eral or continuing appropriations for fiscal year 1997 1997 acquire certain interests in the Waihee Marsh for inclusion in the Oahu National Wildlife Refuge Complex products to nonprofit organizations for dis- tribution to needy individuals by giving the Model Good Samaritan Food Donation Act the full force and effect of law tional lands within the State of Utah for Goshute Indian Reservation National Wildlife Refuge and to expand the Pettaquamscutt Cove National Wildlife Refuge. ance Act respect to witness retaliation, tam- pering and jury tampering Act Act of 1996 States on Agnes Gonxha Bojaxhiu, also known as Mother Teresa to Federal court under construction at 1030 Southwest 3rd Avenue, Portland, Oregon, as the ‘‘Mark O. Hatfield United States Courthouse’’ Institution National Air and Space Museum Dulles Center at Washington Inter- national Airport opment Trust Fund Act of 1996 porting requirement Waiving certain enrollment requirements with Omnibus Consolidated Appropriations Act, To authorize the Secretary of Interior to To encourage the donation of food and grocery To amend Public Law 103-93 to provide addi- To revise the boundary of North Platte Carbon Hill National Fish Hatchery Convey- To amend title 18, United States Code, with Crawford National Fish Hatchery Conveyance Federal Trade Commission Reauthorization Carjacking Correction Act of 1996 To confer honorary citizenship of the United To clarify the rules governing removal of cases To repeal a redundant venue provision To designate the United States Courthouse To authorize construction of the Smithsonian Crow Creek Sioux Tribe Infrastructure Devel- To repeal an unnecessary medical device re- January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D13 227 228 229 230 231 234 236 238 240 225 226 232 233 235 237 239 241 242 243 244 Oct. 2 Oct. 2 Oct. 2 Oct. 2 Oct. 2 Oct. 2 Oct. 3 Oct. 3 Oct. 8 Oct. 2 Oct. 2 Oct. 2 Oct. 2 Oct. 3 Oct. 3 Oct. 8 Oct. 9 Oct. 9 Oct. 9 Oct. 9 1995 Sept. 4 Sept. 24 Sept. 24 Sept. 24 Sept. 18 Sept. 27 July 25 Sept. 20 Sept. 25 Sept. 24 Sept. 25 Dec. 22 Aug. 2 July 18 Sept. 17 Sept. 24 Sept. 27 Sept. 27 Sept. 27 Sept. 27 1995 1995 1995 1995 1995 1995 June 10 June 10 June 10 Aug. 2 Sept. 17 April 16 Sept. 26 Sept. 26 Sept. 10 Dec. 18 Mar. 12 Sept. 17 Sept. 25 Sept. 25 Sept. 28 Dec. 6 Nov. 13 Nov. 13 Nov. 13 Nov. 13 S 9864 S 11202 S 11202 S 11202 S 10893 S 11604 S 8780 S 11122 S 11329 S 11202 S 11329 S 19284 S 9665 S 8311 S 10722 S 11158 S 11571 S 11571 S 11571 S 11571 H 6091 H 6048 H 6090 H 9900 H 10493 H 3412 H 11248 H 11247 H 10115 H 14980 H 2048 H 10462 H 11217 H 11153 H 12145 H 14077 H 12155 H 12146 H 12146 H 12147 332 270 338 117 313 ...... 593 609 610 795 495 751 416 789 229 315 316 317 318 394 ...... 1995 ...... July 24 Sept. 18 Sept. 18 July 29 May 13 Sept. 18 July 20 June 28 1995 1995 1995 1995 1995 1995 1995 ...... May 23 June 6 June 6 Sept. 17 Mar. 25 Aug. 2 Dec. 18 Dec. 11 Sept. 16 Aug. 3 Nov. 7 Nov. 7 Nov. 7 Nov. 7 CST EPW EPW EPW IA Fin Jud Fin EPW Fin LHR ENR Sci IR Res TI TI TI GRO Res WM Jud Jud Com TI WM Com Jud NS Com Com Com Com 1995 1995 1995 1995 1995 1995 1995 1995 1995 Oct. 18 Nov. 29 Mar. 12 Mar. 28 May 7 June 25 July 12 Dec. 22 June 4 Mar. 13 June 13 April 16 July 17 Sept. 20 Mar. 29 Mar. 7 Jan. 24 Jan. 25 Feb. 22 Feb. 22 (S. 1645) (H.R. 3456) H.R. 3802 S. 1834 S. 919 H.R. 680 H.R. 1011 H.R. 2504 H.R. 2685 H.R. 3060 H.R. 3186 H.R. 3400 H.R. 3710 S. 1507 H.R. 3074 S. 1675 S. 1965 S. 2101 H.R. 1350 H.R. 3056 H.R. 657 H.R. 1014 ...... the corner of Patton Avenue and Otis Street, and the United States courthouse lo- cated on Otis Street, in Asheville, North Carolina, as the ‘‘Veach-Baley Federal Com- plex’’ Data Bank Act of 1996 1655 Woodson Road in Overland, Missouri, as the ‘‘Sammy L. Davis Federal Building’’ United States courthouse to be constructed at a site on 18th Street between Dodge and Douglas Streets in Omaha, Nebraska, as the ‘‘Roman L. Hruska United States Court- house’’ under construction at 611 North Florida Avenue in Tampa, Florida, as the ‘‘Sam M. Gibbons United States Courthouse’’ Amendments of 1996 eral Assistance Program Act of 1992 Area Implementation Act of 1985 to pro- vide the President with additional procla- mation authority with respect to articles of the West Bank or Gaza Strip a qualify- ing industrial zone Amendments of 1996 Identification Act of 1996 of 1996 ance Act of 1996 organization to qualify as an exempt from certain requirements otherwise applicable to health insuring organizations under the Medicaid program notwithstand- ing that the organization enrolls Medicaid beneficiaries residing in another county Power Act applicable to the construction of three hydroelectric projects in the State of Arkansas FERC licensed hydro projects Power Act applicable to the construction of a hydroelectric project in the State of Ohio FERC-issued hydroelectric license To designate the Federal Building located at To repeal the Medicare and Medicaid Coverage Antarctic Science, Tourism, and Conservation To designate the Federal building located at To designate the Federal building and To designate the United States courthouse Electronic Freedom of Information Act Parole Commission Phaseout Act of 1996 To reauthorize the Indian Environmental Gen- To amend the United States-Israel Free Trade Child Abuse Prevention and Treatment Act Pam Lychner Sexual Offender Tracking and Comprehensive Methamphetamine Control Act Federal Law Enforcement Dependents Assist- Maritime Security Act of 1996 To permit a county-operated health insuring To extend the deadline under Federal To extend the time for construction of certain To extend the deadline under Federal To authorize extension of time limitation for a D14 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997 258 259 260 261 245 246 247 248 249 250 251 252 253 254 255 256 257 No. 104– Public Law proved Date ap- Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Senate Sept. 27 Sept. 28 Sept. 27 Sept. 19 Sept. 27 Sept. 27 Sept. 27 Sept. 27 Sept. 27 Sept. 25 Sept. 25 Sept. 27 Sept. 24 Sept. 27 Sept. 28 Sept. 27 Sept. 27 1995 1995 1995 Date of passage House April 16 May 14 Sept. 24 May 22 Nov. 13 Nov. 13 Nov. 13 Sept. 24 April 16 Sept. 24 Sept. 18 April 16 April 23 April 16 July 30 April 16 April 16 Senate S 11572 S 11667 S 11583 S 11053 S 11571 S 11571 S 11571 S 11573 S 11571 S 11326 S 11329 S 11572 S 11204 S 11571 S 11612 S 11571 S 11572 Record Page of passage in Congressional House H 3418 H 4920 H 10779 H 5388 H 12148 H 12149 H 12149 H 10907 H 3415 H 10841 H 10532 H 3416 H 3693 H 3416 H 8761 H 3417 H 3417 301 361 104– Senate ...... 512 536 807 584 320 321 322 826 507 823 525 508 526 509 510 511 Report No. 104– House ...... Senate ...... June 27 Sept. 3 June 25 Date Reported 1995 1995 1995 House Mar. 28 April 24 Sept. 18 May 20 Nov. 7 Nov. 7 Nov. 7 Sept. 24 Mar. 28 Sept. 24 April 18 Mar. 28 April 18 Mar. 28 Mar. 28 Mar. 28 Senate ENR IA EPW GA Committee House Com Com Com Res Com Com Com Com Com Com TI Com Res Com GRO Com Com 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 Date intro- duced Mar. 22 Mar. 28 Mar. 30 June 8 Oct. 18 Oct. 19 Nov. 8 Nov. 14 Nov. 17 Nov. 30 Nov. 30 Dec. 13 Dec. 20 Jan. 23 Feb. 23 Feb. 28 Mar. 12 Bill No. H.R. 2508 H.R. 2773 H.R. 1290 H.R. 1335 H.R. 1366 H.R. 1791 H.R. 2501 H.R. 2594 H.R. 2630 H.R. 2660 H.R. 2695 H.R. 2700 H.R. 2816 H.R. 2869 H.R. 2967 H.R. 2988 H.R. 3068 ...... Title ...... deadline under the Federal Power Act appli- cable to the construction of a hydroelectric project in Oregon project located in the State of West Vir- ginia for the FERC-issued hydroelectric license for the Mt. Hope Waterpower Project to make certain technical corrections relat- ing to physicians’ services Power Act applicable to the construction of a hydroelectric project in Kentucky ments Act of 1996 construction of a hydroelectric project in the State of Illinois propriated to the Department of Inte- rior for the Tensas River National Wildlife Refuge Power Act applicable to the construction of certain hydroelectric projects in the State of Pennsylvania 327, Elmendorf, Texas, which houses oper- ations of the United States Postal Service, as the ‘‘Amos F. Longoria Post Office Build- ing’’ Power Act applicable to the construction of 2 hydroelectric projects in North Carolina deadline under the Federal Power Act appli- cable to the construction of a hydroelectric project in Ohio construction of a hydroelectric project in the State of Kentucky Mill Tailings Radiation Control Act of 1978 traffic signal synchronization projects are exempt from certain requirements of Envi- ronmental Protection Agency Rules dian Community to revoke their charter of incorporation issued under the Indian Reor- ganization Act To reinstate the permit for and extend To provide for the extension of a hydroelectric To authorize the extension of time limitation To amend title XIX of the Social Security Act To extend the deadline under Federal Animal Drug Availability Act of 1996 Railroad Unemployment Insurance Amend- To extend the deadline for commencement of To increase the amount authorized to be ap- To extend the deadline under Federal To designate the building located at 8302 FM To extend the deadline under Federal To reinstate the license for and extend To extend the deadline for commencement of To extend the authorization of Uranium To amend the Clean Air Act to provide that To accept the request of Prairie Island In- January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D15 262 263 264 265 266 267 268 269 270 271 272 273 275 277 279 280 281 274 276 278 282 283 284 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 9 Oct. 11 Oct. 11 Sept. 28 Sept. 26 Sept. 18 Sept. 24 Sept. 28 Sept. 28 Sept. 27 Sept. 28 Sept. 28 Sept. 28 Sept. 27 Sept. 28 Sept. 28 Aug. 2 Sept. 17 Sept. 26 Sept. 28 July 25 Sept. 24 Sept. 5 Sept. 24 Sept. 28 Sept. 28 July 30 July 16 Sept. 11 July 30 Sept. 4 Sept. 4 Sept. 24 Sept. 4 Sept. 26 Sept. 26 Sept. 25 Sept. 26 Sept. 28 Sept. 27 Sept. 26 Sept. 27 Sept. 28 Sept. 27 Sept. 26 Sept. 26 Sept. 27 Sept. 28 Sept. 4 S 11658 S 11461 S 10759 S 11203 S 11666 S 11640 S 11573 S 11774 S 11640 S 11667 S 11605 S 11669 S 11785 S 9675 S 10723 S 11454 S 11612 S 8930 S 11203 S 9981 S 11201 S 11803 S 11666 H 8791 H 7545 H 10197 H 8683 H 9954 H 9936 H 10804 H 9953 H 11267 H 11337 H 11158 H 11268 H 12122 H 11565 H 11357 H 11446 H 12145 H 11408 H 11261 H 11318 H 11546 H 11626 H 9933 367 333 371 283 290 350 ...... 690 647 714 701 703 752 838 650 655 ...... Sept. 9 Sept. 25 Sept. 24 July 30 Aug. 2 June 19 June 25 ...... July 18 June 27 July 26 July 24 July 24 Aug. 2 Sept. 25 June 27 June 27 EPW Fin FR GA IA RAdm GA EPW VA VA TI WM R Res Res Com GRO IR Res Sci EEO Com Res VA TI HO Res HO Jud GRO Res Com Sci 1995 1995 Mar. 20 May 15 May 29 May 29 June 17 July 23 July 23 July 30 Aug. 2 Sept. 24 Sept. 25 Sept. 25 Feb. 27 April 29 May 23 July 8 July 18 Sept. 17 Sept. 20 Sept. 28 Sept. 24 Jan. 17 April 7 (S. 1791) (S. 1994) (H.R. 3674) (H.R. 4164) H.R. 3458 H.R. 4138 S. 1802 S. 1970 S.J. Res. 64 H.R. 3118 H.R. 3539 H.R. 3546 H.R. 3660 H.R. 3871 H.R. 3877 H.R. 3916 H.R. 3973 H.R. 4167 H.R. 4168 S. 1577 S. 1711 S. 1931 S. 2085 S. 2100 S. 2153 H.R. 543 H.R. 1514 ...... of 1996 justment Act of 1996 Act tion Act of 1996 composition rule for certain health mainte- nance organizations building located at 351 West Washington Street in Camden, Arkansas, as the ‘‘David H. Pryor Post Office Building’’ and Radio Marti multilingual computer readable text and voice recordings tions of the Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives Historical Publications and Records Com- mission for fiscal years 1998, 1999, 2000, and 2001 vey certain property containing a fish and wildlife facility to the State of Wyoming and Courthouse building located at 9 East Broad Street, Cookeville, Tennessee, shall be known and designated as the ‘‘L. Clure Morton United States Post Office and Courthouse’’ Amendments of 1996 cept voluntary services ity for the Marshal of Supreme Court and the Supreme Court Police building located in Brewer, Maine, as the ‘‘Joshua Lawrence Chamberlain Post Office Building ment of brotherhood among nations, its continuing commemoration of the history the United States, and its nurturing of young cadets through training in seaman- ship Veterans’ Health Care Eligibility Reform Act Veterans’ Compensation Cost-of-Living Ad- Federal Aviation Reauthorization Act of 1996 Walhalla National Fish Hatchery Conveyance Reclamation Recycling and Water Conserva- To waive temporarily the Medicaid enrollment To designate the United States Post Office To make available certain Voice of America To provide for a study of the recommenda- Hydrogen Future Act of 1996 Professional Boxing Safety Act of 1996 Helium Privatization Act of 1996 To authorize appropriations for the National Veterans’ Benefits Improvements Act of 1996 To direct the Secretary of Interior to con- To provide that the United States Post Office National Museum of the American Indian Act To authorize the Capitol Guide Service to ac- To provide for the extension of certain author- To designate the United States Post Office To commend Operation Sail for its advance- National Marine Sanctuaries Preservation Act Propane Education and Research Act of 1996 D16 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997 290 291 292 293 294 295 305 306 285 286 287 288 289 296 297 298 299 300 301 302 303 304 307 No. 104– Public Law proved Date ap- Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 13 Oct. 14 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 11 Oct. 12 Oct. 12 Oct. 14 Senate June 27 Sept. 18 July 25 Sept. 17 Sept. 18 Sept. 28 Oct. 3 Oct. 3 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Oct. 1 Sept. 19 May 3 Sept. 20 May 7 Sept. 26 Oct. 3 July 11 Sept. 26 Sept. 26 Date of passage House June 19 July 22 July 17 May 22 Sept. 17 July 30 Sept. 26 Sept. 24 July 29 April 30 July 29 Sept. 26 July 23 Sept. 28 Sept. 27 Sept. 24 Sept. 27 Sept. 4 Sept. 28 Oct. 4 July 30 Sept. 27 Oct. 4 Senate S 7216 S 10898 S 8941 S 10641 S 10885 S 11805 S 12376 S 12408 S 11771 S 11667 S 11771 S 11771 S 11704 S 12093 S 10913 S 4686 S 11116 S 4810 S 11462 S 12403 S 7722 S 11451 S 11462 Record Page of passage in Congressional House H 6528 H 8074 H 7714 H 5431 H 10494 H 8673 H 11244 H 10909 H 8613 H 4162 H 8608 H 11260 H 8116 H 12110 H 11468 H 10802 H 11408 H 9957 H 12165 H 12293 H 8756 H 12290 293 324 258 393 300 276 254 186 242 363 170 334 104– Senate ...... 622 682 680 578 788 718 814 531 839 790 769 695 558 573 639 Report No. 104– House ...... 18 1995 1995 Senate ...... June 26 July 19 Sept. 25 Sept. 9 June 27 May 23 April Dec. 15 Mar. 15 Nov. 9 July 26 Date Reported House ...... June 17 July 17 July 16 May 15 Sept. 16 July 29 Sept. 20 May 6 April 23 May 14 Sept. 25 June 26 Sept. 16 Sept. 4 July 22 Senate BHUA CST Jud AS GA Fin IA Jud ENR Jud CST CST EPW LHR ENR EPW CST AS Committee House Com TI Jud Int NS Jud WM Res Jud Com Com Jud HO Res Jud Com IR Sci Res Sci TI Res TI 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 Date intro- duced May 25 June 13 Sept. 12 Nov. 2 Dec. 14 Mar. 5 Mar. 26 Mar. 27 April 17 June 26 July 16 Sept. 28 Jan. 4 May 17 July 17 Dec. 11 July 18 Oct. 3 Mar. 28 Dec. 22 Sept. 24 Sept. 17 Sept. 16 Bill No. (S. 1831) (S. 1815) (S. 1718) (H.R. 3592) H.R. 1734 H.R. 2779 H.R. 3159 H.R. 3166 H.R. 3723 H.J. Res. 198 S. 1044 S. 2197 S. 640 H.R. 1823 H.R. 2297 H.R. 2579 H.R. 3005 H.R. 3259 H.R. 3815 S. 39 S. 811 S. 1467 S. 1973 S. 1505 H.R. 4137 H.R. 4083 S. 2078 ...... Title ...... Board tion Act to direct the Secretary of Inte- rior to allow for prepayment of repayment contracts between the United States and Central Utah Water Conservancy District dated December 28, 1965 and November 26, 1985 lated to transportation and improve the United States Code Act of 1996 of 1996 thorize appropriations for fiscal years 1997, 1998, and 1999 for the National Transpor- tation Safety Board 1997 act of 1996 first session of the One Hundred Fifth Con- gress and the day for counting in Con- gress of the electoral votes for President and Vice President cast in December 1996 Act of 1996 1996 the United States for certain nurses Act of 1996 ment Act of 1996 Policy and Conservation Act through Sep- tember 30, 1997 1996 To reauthorize the National Film Preservation To amend the Central Utah Project Comple- To codify without substantive change laws re- United States National Tourism Organization Savings in Construction Act of 1996 National Securities Markets Improvement Act To amend title 49, United States Code, to au- False Statements Accountability Act of 1996 Intelligence Authorization Act for Fiscal Year Economic Espionage Act of 1996 Miscellaneous Trade and Technical Corrections Appointing the day for convening of Sustainable Fisheries Act Water Desalinization Act of 1996 Health Centers Consolidation Act of 1996 Fort Peck Rural County Water Supply System Navajo-Hopi Land Dispute Settlement Act of To extend the authorized period of stay within Water Resources Development Act of 1996 Accountable Pipeline Safety and Partnership Drug-Induced Rape Prevention and Punish- To extend certain programs under the Energy Wildfire Suppression Aircraft Transfer Act of January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D17 311 312 313 314 315 316 317 318 319 321 322 308 309 310 320 323 324 325 326 327 328 329 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 19 Oct. 20 1995 Oct. 3 Oct. 3 Sept. 19 Oct. 3 Oct. 3 Oct. 3 Oct. 3 Oct. 3 Oct. 3 Oct. 3 Oct. 3 Oct. 3 Oct. 3 Oct. 3 Sept. 30 Oct. 3 Nov. 17 Sept. 28 Sept. 28 Oct. 1 Oct. 3 Oct. 3 1995 1995 Sept. 25 July 16 Sept. 4 Sept. 25 Sept. 28 Sept. 4 Oct. 4 Sept. 10 Sept. 25 Sept. 24 Sept. 24 Dec. 12 Sept. 24 July 31 Sept. 27 Oct. 4 Feb. 29 Oct. 4 Oct. 4 Oct. 4 Oct. 4 Sept. 17 S 12408 S 12407 S 11051 S 12407 S 12402 S 12402 S 12386 S 12403 S 12408 S 12401 S 12401 S 12390 S 12401 S 12401 S 11848 S 12353 S 17397 S 11668 S 11667 S 12092 S 12407 S 12374 H 11214 H 7607 H 9970 H 11213 H 11633 H 9950 H 12277 H 10156 H 11129 H 10819 H 10822 H 14318 H 10817 H 8002 H 11452 H 12294 H 1582 H 12290 H 12292 H 12292 H 12294 H 10493 366 245 188 160 296 380 ...... 824 673 742 825 817 798 770 819 373 216 ...... 1995 1995 ...... July 30 Mar. 27 Dec. 15 Oct. 19 June 27 Sept. 16 1995 1995 ...... Sept. 24 July 12 Aug. 1 Sept. 24 Sept. 23 Sept. 17 Sept. 4 Nov. 30 Sept. 24 July 31 GA Jud ENR GA Jud Agr ENR CST ENR ENR Res Res Res Com Res Com GRO Jud Res IR Jud Jud Jud Jud Jud GRO Int Jud Agr BFS 1995 1995 1995 1995 1995 1995 1995 Jan. 23 Mar. 21 June 16 Mar. 22 April 16 May 1 June 4 June 12 July 22 June 19 July 26 Sept. 5 Sept. 26 Sept. 17 Sept. 17 Feb. 2 June 29 Aug. 11 Mar. 28 Oct. 1 Oct. 3 June 7 (S. 1224) (H.R. 3968) H.R. 1281 H.J. Res. 193 S. 1004 H.R. 632 H.R. 1874 H.R. 3155 H.R. 3249 H.R. 3378 H.R. 3568 H.R. 3632 H.R. 3864 S. 1887 H.R. 3910 H.R. 4036 H.R. 4194 H.J. Res. 194 S. 342 S. 1194 S. 1649 S. 2183 S. 2198 H.R. 1776 ...... patents used by the United States United States Government agencies in pos- session of records about individuals who are alleged to have committed Nazi war crimes should make these records public National Forest, Alabama designating the Wekiva River, Seminole Creek, and Rock Springs Run in the State of Florida for study and potential addition to the National Wild and Scenic Rivers System tute or institutes to develop domestic tech- nological capabilities for the recovery of minerals from the nation’s seabed Corrections Act of 1996 located in Pennsylvania, as a component of the National Wild and Scenic Rivers Sys- tem to repeal the requirement for annual resi- dent review for nursing facilities under the Medicaid program and to require resident reviews for mentally ill or retarded residents when there is a significant change in physical or mental condition Relations Provisions Act of 1996 1996 Emergency Management Assistance Com- pact amendments made by Maryland, Virginia, and the District of Columbia to Wash- ington Metropolitan Area Transit Regula- tion Compact 1996 1996 Responsibility and Work Opportunity Rec- onciliation Act of 1996 Intergovernmental Relations to continue in existence 1996 To enhance fairness in compensating owners of To express the sense of Congress that To modify the boundaries of Talladega To amend the Wild and Scenic Rivers Act by To authorize appropriations for a mining insti- Indian Health Care Improvement Technical To designate 51.7 miles of the Clarion River, To amend title XIX of the Social Security Act General Accounting Office Act of 1996 Federal Courts Improvement Act of 1996 Emergency Drought Relief Act of 1996 Human Rights, Refugee, and Other Foreign Administrative Dispute Resolution Act of Granting the consent of Congress to Granting the consent of Congress to Cache La Poudre River Corridor Act Coast Guard Authorization Act of 1996 Marine Mineral Resources Research Act of Irrigation Project Contract Extension Act of To make technical corrections to the Personal To provide for the Advisory Commission on United States Commemorative Coin Act of D18 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997 330 331 332 333 No. 104– Public Law proved Date ap- Oct. 26 Oct. 26 Oct. 26 Nov. 12 Infrastructure Senate Oct. 3 Oct. 3 Oct. 3 Oct. 3 Date of passage House Res ...... Resources Sci ...... Science SB ...... Small Business TI ...... Transportation and VA ...... Veterans’ Affairs WM ...... Ways and Means Sept. 28 Sept. 24 Sept. 28 Sept. 28 Senate S 12405 S 12404 S 12398 S 12367 Record Page of passage in Congressional House H 11622 H 10970 H 12152 H 12035 Resources Administration 104– Senate ...... 820 Report No. Int ...... Intelligence IR ...... International Relations Jud ...... Judiciary LHR ...... Labor and Human NS ...... National Security R ...... Rules RAdm .... Rules and 104– House ...... Senate ...... Date Reported House Sept. 24 Public Works and Oversight Senate EPW CST Committee EPW ...... Environment and Fin ...... Finance FR ...... Foreign Relations GA ...... Governmental Affairs HO ...... House Oversight GRO ...... Government Reform IA ...... Indian Affairs House BFS GRO EEO Jud VA TI Res Res TABLE OF COMMITTEE ABBREVIATIONS Date intro- duced Mar. 29 May 14 Sept. 28 Sept. 27 Transportation Educational Opportunities Resources Bill No. (S. 1720) H.R. 4283 H.R. 3219 H.R. 3452 H.R. 4236 Bud ...... Budget Com ...... Commerce CST ...... Commerce, Science, and EEO ...... Economic and ENR ...... Energy and Natural ...... Title . and Forestry Services Urban Affairs . . –The bill in parentheses is a companion measure. OTE Determination Act of 1996 ity Act Act of 1996 N Native American Housing Assistance and Self- Presidential and Executive Office Accountabil- National Invasive Species Act of 1996 Omnibus Parks and Public Lands Management Agr ...... Agriculture ANF ...... Agriculture, Nutrition, App ...... Appropriations AS ...... Armed Services BFS ...... Banking and Financial BHUA .... Banking, Housing, and Tuesday, January 7, 1997 Daily Digest

HIGHLIGHTS First session of the One Hundred Fifth Congress convened. See Re´sume´ of Congressional Activity for the One Hundred Fourth Con- gress. Senate Notifying President of the Election of President Chamber Action pro tempore: Senate agreed to S. Res. 5, notifying Routine Proceedings, pages S1–S108 the President of the United States of the election of Measures Introduced: Eleven resolutions were in- Senator Thurmond as President pro tempore of the troduced, as follows: S. Res. 1–8, and S. Con. Res. Senate. Page S8 1–3. Page S100 Notifying House of Representatives of the Elec- Administration of Oath of Office: The Senators- tion of President pro tempore: Senate agreed to S. elect were administered the oath of office by the Res. 6, notifying the House of Representatives of the Vice President. Pages S5±6 election of Senator Thurmond as President pro tem- pore of the Senate. Page S8 Measures Passed: Joint Congressional Committee on Inaugural Notification to the House of Representatives: Ceremonies: Senate agreed to S. Con. Res. 2, extend- Senate agreed to S. Res. 1, informing the House of ing the life of the Joint Congressional Committee on Representatives that a quorum of the Senate is as- Inaugural Ceremonies and the provisions of S. Con. sembled and that the Senate is ready to proceed to Res. 48, of the 104th Congress. Page S8 business. Page S6 Adjournment Resolution: Senate agreed to S. Notification to the President: Senate agreed to S. Con. Res. 3, providing for a recess or adjournment Res. 2, providing that a committee consisting of two of the Senate from January 9, 1997 to January 21, Senators be appointed by the Vice President to join 1997, and an adjournment of the House of Rep- such committee as may be appointed by the House resentatives from January 9, 1997, to January 20, of Representatives to inform the President of the 1997, from January 20, 1997 to January 21, 1997, United States that a quorum of each House is assem- and from January 21, 1997 to February 4, 1997. bled. Subsequently, Senators Lott and Daschle were Pages S11±14 appointed by the Vice President. Page S6 Commending Senator Byrd: Senate agreed to S. Hour of Daily Meeting: Senate agreed to S. Res. Res. 7, commending Senator Robert C. Byrd, of 3, fixing the hour of daily meeting of the Senate at West Virginia, for 50 years of public service. 12 o’clock meridian unless otherwise provided. Pages S14±16 Page S7 Staff Privileges: Senate agreed to S. Res. 8, with Certification of Electoral Votes: Senate agreed to respect to the granting of floor privileges for a des- S. Con. Res. 1, providing for the counting on Janu- ignated employee of Senator Cleland. Page S16 ary 9, 1997, of electoral votes for President and Vice President of the United States. Page S7 Unanimous-Consent Agreements: Electing President pro tempore: Senate agreed to Select Committee on Ethics: Senate agreed that, S. Res. 4, electing the Honorable Strom Thurmond, for the duration of the 105th Congress, the Select of South Carolina, as President pro tempore of the Committee on Ethics be authorized to meet during Senate. Page S7 the session of the Senate. Pages S8±9

D19 D20 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997

Time for Rollcall Votes: Senate agreed that, for journment, the Secretary of the Senate be authorized the duration of the 105th Congress, there be a limi- to receive messages from the President of the United tation of 15 minutes each upon any rollcall vote, States and, with the exception of House bills, joint with the warning signal to be sounded at the mid- resolutions, and concurrent resolutions-messages way point, beginning at the last 71⁄2 minutes, and from the House of Representatives, that they be ap- when rollcall votes are of 10 minute duration, the propriately, and that the President of the Senate, the warning signal be sounded at the beginning of the President pro tempore, and the Acting President pro last 71⁄2 minutes. Pages S8±9 tempore be authorized sign duly enrolled bills and Authority to Receive Reports: Senate agreed that, joint resolutions. Pages S8±9 during the 105th Congress, it be in order for the Privileges of the Floor: Senate agreed that, for the Secretary of the Senate to receive reports at the desk duration of the 105th Congress, Senators be allowed when presented by a Senator at any time during the to leave at the desk with the Journal Clerk the day of the session of the Senate. Pages S8±9 names of two staff members who will be granted the Recognition of Leadership: Senate agreed that the privilege of the floor during the consideration of the majority and minority leaders may daily have up to specific matter noted, and that the Sergeant-at-Arms 10 minutes on each calendar day following the pray- be instructed to rotate such staff members as space er and disposition of the reading, or the approval of, allows. Pages S8±9 the Journal. Pages S8±9 Referral of Treaties and Nominations: Senate House Parliamentarian Floor Privileges: Senate agreed that for the duration of the 105th Congress, agreed that the Parliamentarian of the House of it be in order to refer treaties and nominations on Representatives and his three assistants be given the privilege of the floor during the 105th Congress. the day when they are received from the President, even when the Senate has no executive session that Pages S8±9 day. Pages S8±9 Printing of Conference Reports: Senate agreed that, notwithstanding the provisions of rule XXVIII, Authority to Introduce Measures: Senate agreed conference reports and statements accompanying that no bills or further resolutions, or Committee-re- them not be printed as Senate reports when such ported legislation, other than those whose introduc- conference reports and statements have been printed tion and consideration have been agreed to by the as a House report unless specific request is made in Majority Leader, following consultation with the the Senate in each instance to have such a report Democratic Leader, be in order prior to January 21, printed. Pages S8±9 1997, and that, beginning January 21, 1997, and for Authority for Appropriations Committee: Senate the remainder of the 105th Congress, Senators be agreed that the Committee on Appropriations be au- allow to bring to the desk bills, joint resolutions, thorized during the 105th Congress to file reports concurrent resolution, and simple resolutions, for re- during adjournments or recesses of the Senate on ap- ferral to appropriate committees. Pages S10±11 propriation bills, including joint resolutions, to- Removal of Injunction of Secrecy: The injunction gether with any accompanying notices of motions to of secrecy was removed from the following treaty: suspend Rule XVI, pursuant to Rule V, for the pur- Protocols to the 1980 Conventional Weapons pose of offering certain amendments to such bills or Convention (Treaty Doc. 105–1). joint resolutions, which proposed amendment shall The treaty was transmitted to the Senate today, be printed. Pages S8±9 considered as having been read for the first time, and Authority for Corrections in Engrossment: Senate referred, with accompanying papers, to the Commit- agreed that, for the duration of the 105th Congress, tee on Foreign Relations and ordered to be printed. the Secretary of the Senate be authorized to make Page S103 technical and clerical corrections in the engrossment of all Senate-passed bills and resolutions, Senate Messages From the President: Senate received the amendments to House bills and resolutions, Senate following messages from the President of the United amendments to House amendments to Senate bills States: and resolutions, and Senate amendments to House A communication from the President of the Unit- amendments to Senate amendments to House bills or ed States, transmitting, the annual report of the De- resolutions. Pages S8±9 partment of Housing and Urban Development for calendar year 1995; referred to the Committee on Authority to Receive Messages and Sign Enrolled Banking, Housing, and Urban Affairs. (PM–1). Measures: Senate agreed that, for the duration of the 105th Congress, when the Senate is in recess or ad- Page S81 January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D21 A communication from the President of the Unit- Donald M. Middlebrooks, of Florida, to be United ed States, transmitting, the annual report of the De- States District Judge for the Southern District of partment of Energy for calendar years 1994 and Florida. 1995; referred to the Committee on Energy and Jeffrey T. Miller, of California, to be United States Natural Resources. (PM–2). Page S81 District Judge for the Southern District of Califor- A communication from the President of the Unit- nia. ed States, transmitting, the report on hazardous ma- Susan Oki Mollway, of Hawaii, to be United terials transportation for calendar years 1994 and States District Judge for the District of Hawaii. 1995; referred to the Committee on Commerce, Margaret M. Morrow, of California, to be United Science, and Transportation. (PM–3). Page S81 States District Judge for the Central District of Cali- Transmitting, the report of proposed legislation to fornia. provide for the waiver from certain provisions relat- ing to the appointment of the United States Trade Robert W. Pratt, of Iowa, to be United States Representative; to the Committee on Governmental District Judge for the Southern District of Iowa. Christina A. Snyder, of California, to be United Affairs. (PM–4). Page S81 States District Judge for the Central District of Cali- Nominations Received: Senate received the follow- fornia. ing nominations: Clarence J. Sundram, of New York, to be United Madeleine Korbel Albright, of the District of Co- States District Judge for the Northern District of lumbia, to be Secretary of State. New York. William S. Cohen, of Maine, to be Secretary of Defense. Thomas W. Thrash, Jr., of Georgia, to be United Bill Richardson, of New Mexico, to be the Rep- States District Judge for the Northern District of resentative of the United States of America to the Georgia. United Nations with the rank and status of Ambas- Marjorie O. Rendell, of Pennsylvania, to be Unit- sador, and the Representative of the United States of ed States Circuit Judge for the Third Circuit. America in the Security Council of the United Na- Helene N. White, of Michigan, to be United tions. States Circuit Judge for the Sixth Circuit. Alan M. Hantman, of New Jersey, to be Architect Donna Holt Cunninghame, of Maryland, to be of the Capitol for the term of ten years. Chief Financial Officer, Corporation for National and Eric L. Clay, of Michigan, to be United States Community Service, (New Position), to which posi- Circuit Judge for the Sixth Circuit. tion she was appointed during the last recess of the Merrick B. Garland, of Maryland, to be United Senate. States Circuit Judge for the District of Columbia Jose-Marie Griffiths, of Tennessee, to be a Mem- Circuit. ber of the National Commission on Libraries and In- William A. Fletcher, of California, to be United formation Science for a term expiring July 19, 2001. States Circuit Judge for the Ninth Circuit. Madeleine May Kunin, of Vermont, to serve con- Richard A. Paez, of California, to be United States currently and without additional compensation as Circuit Judge for the Ninth Circuit. Ambassador to the Principality of Liechtenstein. M. Margaret McKeown, of Washington, to be John Warren McGarry, of Massachusetts, to be a United States Circuit Judge for the Ninth Circuit. Member of the Federal Election Commission for a Arthur Gajarsa, of Maryland, to be United States term expiring April 30, 2001. Circuit Judge for the Federal Circuit. James A. Beaty, Jr., of North Carolina, to be Donald Rappaport, of the District of Columbia, to United States Circuit Judge for the Fourth Circuit. be Chief Financial Officer, Department of Education. Ann L. Aiken, of Oregon, to be United States Karen Shepherd, of Utah, to be United States Di- District Judge for the District of Oregon. rector of the European Bank for Reconstruction and Lawrence Baskir, of Maryland, to be a Judge of Development. the United States Court of Federal Claims for a term Arthur I. Blaustein, of California, to be a Member of fifteen years. of the National Council on the Humanities for a Joseph F. Bataillon, of Nebraska, to be United term expiring January 26, 2002. States District Judge for the District of Nebraska. Dave Nolan Brown, of Washington, to be a Mem- Colleen Kollar-Kotelly, of the District of Colum- ber of the National Council on Disability for a term bia, to be United States District Judge for the Dis- expiring September 17, 1998. trict of Columbia. Lorraine Weiss Frank, of Arizona, to be a Member Richard A. Lazzara, of Florida, to be United States of the National Council on the Humanities for a District Judge for the Middle District of Florida. term expiring January 26, 2002. D22 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997

Hans M. Mark, of Texas, to be a Member of the Messages From the President: Page S81 Board of Trustees of the Barry Goldwater Scholar- Messages From the House: Pages S81±82 ship and Excellence in Education Foundation for a term expiring April 17, 2002. (Reappointment) Communications: Pages S82±97 Susan Ford Wiltshire, of Tennessee, to be a Mem- Petitions: Pages S97±S100 ber of the National Council on the Humanities for a term expiring January 26, 2002. Authority for Committees: Page S101 Charlene Barshefsky, of the District of Columbia, Additional Statements: Pages S101±02 to be United States Trade Representative, with the Notice of Proposed Rulemaking: Pages S25±30 rank of Ambassador. Aida Alvarez, of New York, to be Administrator Quorum Calls: One quorum call was taken today. of the Small Business Administration. (Total—1) Page S6 Andrew M. Cuomo, of New York, to be Secretary Recess: Senate convened at 12 noon, and recessed at of Housing and Urban Development. 5:07 p.m., until 12:30 p.m., on Thursday, January William M. Delay, of Illinois, to be Secretary of 9, 1997. (For Senate’s program, see the remarks of Commerce. the Majority Leader in today’s Record on page S11.) Alexis M. Herman, of Alabama, to be Secretary of Labor. Rodney E. Slater, of Arkansas, to be Secretary of Committee Meetings Transportation. Janet L. Yellen, of California, to be a Member of (Committees not listed did not meet) the Council of Economic Advisers. 5 Coast Guard Admirals. INTELLIGENCE 72 Air Force Generals. 19 Army Generals. Select Committee on Intelligence: Committee met in 9 Marine Corps Generals. closed session to consider pending committee busi- Routine lists in the Coast Guard, Air Force, ness. Army, Navy, and Marine Corps. Pages S103±08 Committee recessed subject to call. h House of Representatives Legislative and Oversight Activity of the Commit- Chamber Action tee on Ways and Means during the 104th Congress Bills Introduced: 100 public bills, H.R. 1–100, (H. Rept. 104–872 filed on December 20, 1996); and 14 resolutions, H. Res. 1–14, were introduced. Summary of Activities of the Committee on Small Page H66±70 Business During the 104th Congress (H. Rept. Reports Filed: The following reports were filed sub- 104–873 filed on December 31, 1996); sequent to the sine die adjournment of the One Activities of the Committee on Government Re- Hundred Fourth Congress: form and Oversight during the 104th Congress (H. Survey of Activities of the House Committee on Rept. 104–874 filed on January 2, 1997); Rules, 104th Congress (H. Rept. 104–868, filed on Activities of the Committee on Economic and November 26, 1996); Educational Opportunities during the 104th Con- Activities of the Committee on Veterans’ Affairs gress (H. Rept. 104–875 filed on January 2, 1997); for the 104th Congress (H. Rept. 104–869, filed on Matter of Representative Barbara-Rose Collins (H. December 18, 1996); Rept. 104–876 filed on January 2, 1997); Activities of the Committee on Appropriations Activities of the Committee on Banking and Fi- during the 104th Congress (H. Rept. 104–870, filed nancial Services during the 104th Congress (H. on December 19, 1996); Rept. 104–877 filed on January 2, 1997); Summary of Legislative and Oversight Activities Legislative and Oversight Activities of the Com- of the Committee on Transportation and Infrastruc- mittee on Resources during the 104th Congress (H. ture for the 104th Congress (H. Rept. 104–871 filed Rept. 104–878 filed on January 2, 1997); on December 20, 1996); January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D23 Activities of the Committee on the Judiciary dur- Sergeant at Arms; and Reverend James David Ford, ing the 104th Congress (H. Rept. 104–879 filed on Chaplain. Page H7 January 2, 1997); On division of the question, rejected the Fazio Activities and Summary Report of the Committee amendment that sought to name certain minority on the Budget during the 104th Congress (H. Rept. employees to the position of Clerk, Sergeant at 104–880 filed on January 2, 1997); Arms, and Chief Administrative Officer. Page H7 Activities of the Committee on Agriculture dur- Notify Senate: House agreed to H. Res. 2, to in- ing the 104th Congress (H. Rept. 104–881 filed on January 2, 1997); form the Senate that a quorum of the House has as- Activity of the Committee on Commerce during sembled and elected Newt Gingrich, a Representa- the 104th Congress (H. Rept. 104–882 filed on Jan- tive from the State of Georgia, Speaker; and Robin uary 2, 1997); H. Carle, a citizen of the Commonwealth of Vir- Legislative review activities report of the Commit- ginia, Clerk of the House of Representatives. tee on International Relations during the 104th Page H7 Congress (H. Rept. 104–883 filed on January 2, Notify President: House agreed to H. Res. 3, au- 1997); thorizing the Speaker to appoint a committee of two Activities of the Committee on National Security members to join with a like committee of the Senate during the 104th Congress (H. Rept. 104–884 filed to notify the President that a quorum of each House on January 2, 1997); has assembled and that the Congress is ready to re- Activities of the Committee on House Oversight ceive any communication that he may be pleased to during the 104th Congress (H. Rept. 104–885 filed make. Subsequently, the Speaker appointed Rep- on January 2, 1997); resentatives Armey and Gephardt to the committee. Activities of the Committee on Standards of Offi- Page H7 cial Conduct during the 104th Congress (H. Rept. Inform President: House agreed to H. Res. 4, au- 104–886 filed on January 2, 1997); and thorizing the Clerk of the House to inform the Activities of the Committee on Science during the President that the House of Representatives has 104th Congress (H. Rept. 104–887 filed on January elected Newt Gingrich, a Representative from the 2, 1997). Pages H65±66 State of Georgia, Speaker; and Robin H. Carle, a cit- Election of Speaker: By a yea-and-nay vote of 216 izen of the Commonwealth of Virginia, Clerk of the yeas to 209 nays with 6 voting ‘‘present’’, Roll No. House of Representatives. Page H7 3, Newt Gingrich of the State of Georgia was elect- House Rules: By a yea-and-nay vote of 226 yeas to ed Speaker of the House of Representatives. Rep- 202 nays, Roll No. 6, the House agreed to H. Res. resentatives Thomas of California, Gejdenson, Rou- 5, adopting the Rules of the House of Representa- kema, and Kennelly acted as tellers. The Speaker was tives for the One Hundred Fifth Congress. escorted to the Chair by Representatives Gephardt, Pages H7±26 Armey, DeLay, Boehner, Fazio, Collins of Georgia, By a yea-and-nay vote of 205 yeas to 223 nays, Bishop, Deal of Georgia, Kingston, Linder, McKin- Roll No. 5, rejected the McDermott motion to com- ney, Barr, Chambliss, and Norwood. Pages H2±6 mit the resolution to a select committee comprised Representative Dingell, Dean of the House, ad- of the Majority Leader and the Minority Leader with ministered the oath of office to the Speaker, who instructions to report back to the House forthwith subsequently administered the oath to Members-elect with an amendment that strikes ‘‘or at the expiration present en bloc. Page H6 Earlier, the Clerk ruled that the Fazio resolution of January 21, 1997, whichever is earlier’’ in the last relating to privileges of the House was not in order. sentence of section 25. Pages H18±26 By a yea-and-nay vote of 222 yeas to 210 nays, Roll Earlier, agreed to order the previous questions by No. 2, agreed to the Boehner motion to table the a yea-and-nay vote of 221 yeas to 202 nays, Roll No. 4. Pages H24±25 motion to appeal the ruling of the Clerk. Pages H2±3 Party Leaders: It was announced that Representa- Minority Employees: House agreed to H. Res. 6, tives Armey and Gephardt had been elected majority providing for the designation of certain minority and minority leaders, respectively, and that Rep- employees. Page H27 resentatives DeLay and Bonior had been elected ma- Corrections Calendar Office: House agreed to H. jority and minority whips, respectively. Pages H6±7 Res. 7, providing for the establishment of the Cor- House Officers: House agreed to H. Res. 1, elect- rections Calendar Office. Page H27 ing the following officers of the House of Represent- Adjournment of Both Houses: By a yea-and-nay atives: Robin H. Carle, Clerk; Wilson S. Livingood, vote of 222 yeas to 198 nays, Roll No. 7, the House D24 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997 agreed to S. Con. Res. 3, providing for the adjourn- tions and to make appointments authorized by law ment of both Houses of Congress. Pages H27±28 or by the House. – Page H31 Counting of Electoral Votes: House agreed to S. Calendar Wednesday: It was made in order that Con. Res. 1, providing for the counting of the elec- the calendar Wednesday rule be dispensed with on toral votes for President and Vice President of the Wednesday, February 5, 1997. Page H31 United States on January 9, 1997. Page H28 House Office Building Commission: The Chair Congressional Committee on Inaugural Cere- announced the Speaker’s appointment of Representa- monies: House agreed to S. Con. Res. 2, providing tives Armey and Gephardt as members of the House for the extension of the Joint Congressional Commit- Office Building Commission. Page H33 tee on Inaugural Ceremonies. Subsequently, the Inspector General: The Chair announced that the Chair announced the Speaker’s appointment as mem- Speaker, Majority Leader, and Minority Leader joint- bers of the joint committee to make the necessary ly appoint Mr. John W. Lainhart, IV, to the position arrangements for the inauguration of the President- elect and the Vice President-elect of the United of Inspector General for the House of Representa- States on the 20th day of January 1997, the follow- tives for the 105th Congress. Pages H33±34 ing members of the House: Representatives Gep- Presidential Messages: Read the following mes- hardt, Gingrich, and Armey. Page H28 sages from the President: Inaugural Ceremonies: House agreed to H. Res. 8, Hazardous Materials: Read a message wherein he providing that the House proceed to the West Front transmits his Biennial Report on Hazardous mate- of the Capitol on Monday, January 20, 1997 at rials transportation for Calendar Years 1994–1995— 10:30 a.m. for the purpose of attending the inau- referred to the Committee on Transportation and In- gural ceremonies. Page H28 frastructure; Page H34 Meeting Hour for the 105th Congress: House Housing and Urban Development: Message agreed to H. Res. 9 , fixing the daily hour of meet- wherein he transmits his 31st Annual Report of the ing for the 105th Congress. Pages H28±29 Department of Housing and Urban Development Oath of Office: House agreed to H. Res. 10, pro- which covers calendar year 1995—referred to the viding for the authority to administer the oath of of- Committee on Banking and Financial Services; fice to the Honorable Frank Tejeda at San Antonio, Page H34 Texas. Subsequently, the Chair appointed the Honor- Department of Energy: Message wherein he able Orlando Garcia, Federal District Court Judge to transmits his Annual Report of the Department of administer the oath of Office. Page H29 Energy which covers the years 1994 and 1995—re- Oath of Office: House agreed to H. Res. 11, pro- ferred to the Committee on Commerce; and Page H34 viding for the authority to administer the oath of of- United States Trade Representative: Message fice to the Honorable Julia Carson at Indianapolis, wherein he transmits his proposed legislation relat- Indiana. Subsequently, the Chair appointed the Hon- ing to the appointment of the United States Trade orable Hugh Dillin, Federal District Court Judge to Representative—referred to the Committee on Ways administer the oath of Office. Page H29 and Means and ordered printed (H. Doc. 105–22) Committee Elections: House agreed to the follow- Page H34 ing resolutions to designate committee memberships: Senate Messages: Message received from the Senate H. Res. 12, designating majority membership on today appears on page H27. certain standing committees of the House; H. Res. 13, designating minority membership on certain Quorum Calls—Votes: One quorum call (Roll No. standing committees of the House; and H. Res. 14, 1) and 6 yea-and-nay votes developed during the electing Representative Sanders to certain standing proceedings of the House today and appear on pages committees of the House. Pages H29±31 H1–2, H2–3, H3–4, H24–25, H25–26, H26 and Meeting Hour: It was made in order that when the H27–28. House adjourns today it adjourn to meet at noon on Adjournment: Met at noon and adjourned at 6:20 Thursday, January 9, 1997. Page H31 p.m. Resignations-Appointments: It was made in order that notwithstanding any adjournment of the House until Tuesday, February 4, 1997, the Speaker and Committee Meetings the minority Leader be authorized to accept resigna- No Committee meetings were held. January 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D25 CONGRESSIONAL PROGRAM AHEAD Committee on Indian Affairs: January 8, organizational meeting to consider the committee’s rules of procedure Week of January 8 through 11, 1997 for the 105th Congress and to consider other pending Senate Chamber committee business, 3:45 p.m., SR–485. On Wednesday, Senate will not be in session. House Committees On Thursday, Senate will meet in joint session with the House of Representatives to count the elec- Committee on Agriculture, January 8, to hold an organiza- toral votes for President and Vice President of the tional meeting, 3 p.m., 1300 Longworth. Committee on the Budget, January 9, to hold an organiza- United States. tional meeting, 11 a.m., 210 Cannon. On Friday, Senate will not be in session. Committee on Rules, January 8, to hold an organizational Senate Committees meeting, 2 p.m., H-313 Capitol. Committee on Standards of Official Conduct, January 8, ex- (Committee meetings are open unless otherwise indicated) ecutive, to consider pending business, 11:30 a.m., HT- Committee on Commerce, Science, and Transportation: Janu- 2M Capitol. ary 9, to hold hearings to examine airbag safety, 10 a.m., Committee on Transportation and Infrastructure, January 8, SR–253. to hold an organizational meeting, 9:30 a.m., 2167 Ray- Committee on Foreign Relations: January 8, to hold hear- burn. ings on the nomination of Madeleine K. Albright, of the District of Columbia, to be Secretary of State, 10 a.m., Joint Meetings SH–216. Committee on Veterans Affairs: January 9, to hold hear- Joint Economic Committee: January 10, to hold hearings ings to examine Persian Gulf War illnesses, 9:30 a.m., to examine the employment-unemployment situation for SH–216. December, 9:30 a.m., 1334 Longworth Building. D26 CONGRESSIONAL RECORD — DAILY DIGEST January 7, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12:30 p.m., Thursday, January 9 12 noon, Thursday, January 9

Senate Chamber House Chamber Program for Thursday: Senate will meet in joint session Program for Thursday: The House will meet in Joint with the House of Representatives to count the electoral Session with the Senate to count the electoral votes for votes for President and Vice President of the United President and Vice President of the United States. States.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E38 Nethercutt, George R., Jr., Wash., E63 Gilman, Benjamin A., N.Y., E17, E20, E22, E24 Owens, Major R., N.Y., E21, E23, E25, E29, E32, E36, Abercrombie, Neil, Hawaii, E32 Goodlatte, Bob, Va., E52 E39, E43, E48, E55 Archer, Bill, Tex., E1 Goodling, William F., Pa., E44, E54, E61 Payne, Donald M., N.J., E35 Baker, Richard H., La., E18, E46, E65 Hayworth, J.D., Ariz., E34 Pitts, Joseph R., Pa., E8, E10 Ballenger, Cass, N.C., E42 Johnson, Nancy L., Conn., E49 Pomeroy, Earl, N.D., E52 Bentsen, Ken, Tex., E50 Kaptur, Marcy, Ohio, E46 Poshard, Glenn, Ill., E37 Bereuter, Doug, Nebr., E11, E14 Kelly, Sue W., N.Y., E41 Quinn, Jack, N.Y., E3, E5 Blumenauer, Earl, Ore., E69 Kennelly, Barbara B., Conn., E45, E54, E57 Radanovich, George P., Calif., E54 Clay, William (Bill), Mo., E57, E71 King, Peter T., N.Y., E40 Rahall, Nick J., II, W. Va., E16, E18, E20 Condit, Gary A., Calif., E28, E30, E33, E39, E56 Kleczka, Gerald D., Wisc., E56 Rangel, Charles B., N.Y., E44 Conyers, John, Jr., Mich., E1, E4, E7, E8, E10, E21, Knollenberg, Joe, Mich., E13, E15, E17, E21 Richardson, Bill, N.M., E23, E26, E27 E24 Lantos, Tom, Calif., E26, E29 Riggs, Frank, Calif., E60 Costello, Jerry F., Ill., E68 Lazio, Rick, N.Y., E50, E58, E66 Ros-Lehtinen, Ileanna, Fla., E45 Crane, Philip M., Ill., E55, E70 Lewis, John, Ga., E37 Roukema, Marge, N.J., E56 Crapo, Michael D., Idaho, E8 Lofgren, Zoe, Calif., E37 Shuster, Bud, Pa., E35 Cubin, Barbara, Wyo., E43 McCollum, Bill, Fla., E4, E9, E12, E55, E68, E69, E70, Skaggs, David E., Colo., E2, E5 Cunningham, Randy ‘‘Duke ’’, Calif., E19, E22, E25, E71, E72 Slaughter, Louise McIntosh, N.Y., E12, E14, E16, E19, E26, E27, E29, E31, E36 McGovern, James P., Mass., E38 E21, E23 Davis, Thomas M., Va., E28, E30 McHugh, John M., N.Y., E41 Solomon, Gerald B.H., N.Y., E7, E9 DeLauro, Rosa L., Conn., E43 McKeon, Howard P. ‘‘Buck ’’, Calif., E54 Stark, Fortney Pete, Calif., E46, E58, E71 Dingell, John D., Mich., E53, E56 Maloney, Carolyn B., N.Y., E46 Stearns, Cliff, Fla., E62, E68 Dunn, Jennifer, Wash., E9, E11 Matsui, Robert T., Calif., E13, E14 Stump, Bob, Ariz., E3, E4, E7 Ehlers, Vernon J., Mich., E38 Meek, Carrie P., Fla., E57 Thomas, William M., Calif., E68 Emerson, Jo Ann, Mo., E26, E27, E29, E32, E36, E44 Menendez, Robert, N.J., E14, E45 Underwood, Robert A., Guam, E33 Eshoo, Anna G., Calif., E1, E10 Miller, George, Calif., E39 Vento, Bruce F., Minn., E1, E3, E5, E8 Filner, Bob, Calif., E3, E4 Moran, James P., Va., E53, E65 Young, Don, Alaska, E15, E17, E19 Furse, Elizabeth, Ore., E40 Neal, Richard E., Mass., E17, E27, E45

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