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

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

Vol. 141 WASHINGTON, THURSDAY, MARCH 30, 1995 No. 59 House of Representatives

The House met at 10 a.m. and was THE JOURNAL pleased and proud that Father John called to order by the Speaker pro tem- The SPEAKER pro tempore. The Williams could be with us today. pore [Mr. LARGENT]. Chair has examined the Journal of the Mr. Speaker, I now yield to my col- f last day’s proceedings and announces league, the gentleman from North to the House his approval thereof. Carolina [Mr. JONES] for any remarks DESIGNATION OF SPEAKER PRO Pursuant to clause 1, rule I, the Jour- he may have to add. TEMPORE nal stands approved. Mr. JONES. I thank the gentleman. Mr. Speaker, it is a privilege and a The SPEAKER pro tempore laid be- f fore the House the following commu- pleasure for me to also welcome Father nication from the Speaker: PLEDGE OF ALLEGIANCE John today, a man that I have great respect for, a man who loves his people, WASHINGTON, DC, The SPEAKER pro tempore. The gen- March 30, 1995. loves his country, and loves his Lord. tleman from Illinois [Mr. DURBIN] will I hereby designate the Honorable STEVE lead the House in the Pledge of Alle- f LARGENT to act as Speaker pro tempore on this day. giance. NEWT GINGRICH, Mr. DURBIN led the Pledge of Alle- TAX CUTS FOR THE RICH Speaker of the House of Representatives. giance as follows: (Mr. DURBIN asked and was given f I pledge allegiance to the Flag of the permission to address the House for 1 United States of America, and to the Repub- minute and to revise and extend his re- PRAYER lic for which it stands, one nation under God, marks.) indivisible, with liberty and justice for all. The Reverend John Williams, Immac- Mr. DURBIN. Mr. Speaker, it is bad ulate Conception Church, Clinton, NC, f enough that the Gingrich Republicans offered the following prayer: are proposing a tax cut for the wealthi- MESSAGE FROM THE SENATE Gracious God, grant unto the Mem- est people in America. We expect the bers of the Congress the desires of their A message from the Senate by Mr. Gingrich Republicans to continue to hearts for the precious gift of wisdom, Hallen, one of its clerks, announced slather the fattest cats with tax cuts and as You deliver it, help them to love that the Senate had passed a bill of the and without so much as the slightest it and act upon it in all their delibera- following title, in which the concur- regrets, these same Republicans cut tions. rence of the House is requested: children’s programs like school lunches May the Lord our guardian preserve S. 219. An act to ensure economy and effi- to pay for them. you from all evil today and keep you ciency of Federal Government operations by But today the Gingrich Republicans safe and in peace and in health of spirit establishing a moratorium on regulatory take this extremism to a new low. Late and body for the carrying out of your rulemaking actions, and for other purposes. Tuesday night, a handful of lobbyists duties. f met secretly with Republican congres- In I Timothy, Paul urged that prayer, sional leaders and killed a provision supplications, and intercessions be WELCOME TO THE REVEREND that would have closed a tax loophole raised up for sovereigns and for those JOHN WILLIAMS for billionaires who renounce their in positions of responsibility. May (Mr. BLILEY asked and was given American citizenship, that is right, bil- these prayers and those of pastors and permission to address the House for 1 lionaires who made their fortunes in congregations all over the country be minute and to revise and extend his re- America using our country’s freedoms acceptable on behalf of the honorable marks.) and opportunities, our economy, our men and women of Congress, the serv- Mr. BLILEY. Mr. Speaker and col- infrastructure, our national defense, ants of a free people. leagues, it is a great pleasure this renounce their citizenship to escape And now unto Him who is able to morning to join in welcoming my cous- taxes, and the Republicans want to keep us from falling and to present us in, the pastor of Immaculate Concep- protect these economic traitors. And faultless into the presence of His glory tion Church in Clinton, NC, who gave our Treasury loses $3.6 billion because with exceeding joy, to the only wise us our invocation today. of this. God, our Father, be glory and majesty, I am also joined by his former parish- These super-rich traitors and their dominion and power, now and forever. ioner, the gentleman from North Caro- well-paid lobbyists are the big winners. Amen. lina [Mr. JONES], and we are both very The Republicans have once again rolled

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 3979 H 3980 CONGRESSIONAL RECORD — HOUSE March 30, 1995 out the red carpet for them. If this latin life earnings than one with only a The truth is Japanese banks did not est Republican outrage does not steam high school diploma. Cutting today’s get strong because of the Japanese yen. the dumplings of every American who financial aid will not only lower the Japanese banks got fat with the Amer- ever pledged allegiance to our flag, living standard of our citizens, but will ican dollar, and the truth is those dol- nothing will. reduce future revenues for our govern- lars come out of the incomes of unem- f ment. It is time that Congress end its ployed American workers. obsession with the first 100 days and Where is the trade program? The REPUBLICAN CONTRACT WITH focus on the next 100 years. truth is we have a paper economy, and AMERICA f the paper is ending up in some fat Jap- (Mr. TIAHRT asked and was given anese bank. permission to address the House for 1 OSHA DID NOT INHALE Read the tea leaves, Congress, and minute and to revise and extend his re- (Mr. HEFLEY asked and was given get a trade program before we do not marks.) permission to address the House for 1 have any jobs left. Mr. TIAHRT. Mr. Speaker, we are in minute.) f the process of restoring integrity to Mr. HEFLEY. Mr. Speaker, remem- our system of self-governance, because ber when Bill Clinton was asked if he CUT TAXES we keep our promises. had ever used drugs, he repeatedly told (Mr. SAM JOHNSON of Texas asked We are different now the way we are us that he had never violated the laws and was given permission to address conducting business here in Washing- of the United States. ton. On the first day of Congress, as the House for 1 minute.) Finally, he admitted he had smoked Mr. SAM JOHNSON of Texas. Mr. promised, we required Congress to live marijuana, but ‘‘only’’ in Britain and under the same laws as the rest of the Speaker, I am shocked at the arro- he did not ‘‘inhale.’’ In other words, country. We cut committee staffs by a gance of some Members, who stand be- Bill Clinton’s earlier responses were le- third. We cut the congressional budget. fore this body and continually belly- gally accurate, but they did not con- Then we have continued over the first ache—that when the Republican tax retain much truth. 100 days to process a balanced budget lief passes, the Federal Government This same technique is now being amendment to the floor and out. Un- will lose revenue. I cannot believe that used by the Labor Department to de- funded mandates were passed. The line we have to stand up and remind Mem- fend OSHA. You have recently been item veto was passed. A new crime bers—the money we spend is not ours, told that OSHA does not prohibit roof- package to stop violent criminals was the Government did not work one day ers from chewing gum, cite employers passed. National security restoration to earn that money. And yet Members for failing to have Material Data Safe- to protect our freedom was passed. continue to gripe. ty Sheets for dishwashing detergent, Government regulatory reform was Lower taxes put money back into the nor prohibit dentists from giving chil- passed. Commonsence legal reform was pockets of the people who get up every dren back their baby teeth. passed. Welfare reform was passed. morning, send their kids off to school Technically speaking, the Labor offi- Congressional term limits came up last and put in 8 hours earning a decent liv- cials are correct; OSHA does not do night on the floor. Eighty-three per- ing. By standing up and saying the any of these things—anymore. It has, cent of the Republicans voted for term Government will lose money is saying it did, and absent the criticism heaped limits with the American people. to Americans, work hard, but remem- on OSHA by industry and Congress, it Eighty-two percent of the Democrats ber, at the end of the day send all your probably still would. voted against term limits against the money to Washington because we want The next time an OSHA official tells American people. to spend it, because we know better you that OSHA does not cite employers We are proceeding next week with than you how to do that. for Joy dishwashing detergent, ask the Family Reinforcement Act, the tax Wake up, Congress, it is not our them when they stopped. These stories cut for middle-income families, and the money, let us remember why we were are not fiction—they are real. The fic- Senior Citizens’ Equity Act. elected. Give the American taxpayers a tion is OSHA’s denial that its regula- Mr. Speaker, we are keeping our needed break. Cut taxes. tions are out of control. promises. This is our Contract With f America. f TAX CUTS FOR THE WEALTHY f ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (Mr. VOLKMER asked and was given CUTS IN STUDENT AID permission to address the House for 1 (Mr. JOHNSTON of Florida asked and The SPEAKER pro tempore. The minute.) was given permission to address the Chair would remind Members not to Mr. VOLKMER. Mr. Speaker, Mem- House for 1 minute.) make personal references to the Presi- bers of the House, and to those out Mr. JOHNSTON of Florida. Mr. dent. there listening, I say stay tuned, Amer- Speaker, the cuts in student aid pre- f ica. The Gingrich Republicans are at it scribed by the Republican Contract again. With America will cost students and READ THE TEA LEAVES, Today we are going to take up the their families an additional $20 billion CONGRESS health care provision deductibility for over the next 5 years, resulting in the (Mr. TRAFICANT asked and was the self-employed. They are going to largest increase in college costs in given permission to address the House get a 30-percent deduction, not a 100- American history. Stafford loans, for 1 minute and to revise and extend percent deduction, those middle-in- work-study programs, supplemental his remarks.) come farmers and business people, not education opportunity grants and Per- Mr. TRAFICANT. Mr. Speaker, no- 100 percent. You are going to get a 30- kins loans are all on the chopping body is reading the tea leaves around percent deduction. block in the interests of tax relief for here at all. And that bill though does take care the wealthy. In a listing of the world’s top 50 of the wealthy, the billionaires and the Where is our moral outrage? School banks, the top 9 banks, the biggest 9 millionaires, by saying that we are not lunches, prenatal care, child care, and banks, were Japanese banks. The big- going to require them to pay taxes now education. This contract, which gest American bank could only rank when they no longer retain their citi- literally takes food from the mouths of No. 29. zenship, when they renounce their citi- children, threatens to take if from Wake up, Congress. In the 1980’s we zenship, and so they are going to be their minds as well. gave tax breaks for the purchase of able to save those billions of dollars in Attacking student financial aid is Japanese computers and Japanese ma- taxes, but we are not going to help the not only callous, but extremely short- chinery, and every year Congress al- middle-income. sighted. A person with a bachelor’s de- lows Japan to rip off over $60 billion Next week we are going to take care gree will average 50 to 55 percent more from our economy. of tax cuts for the wealthy, and we are March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3981 almost going to give nothing to the porting higher education today is an gether to make sure that you, Ameri- middle-income and lower-income. investment in America tomorrow. Do ca’s college students have an oppor- I would like to show you this chart not deny our students the education tunity to learn. Let us not vote for the right here. If you make under $30,000, they deserve. Support student aid. tax cuts that take away student loans you are going to get $10 a month. If you f and opportunities. make over $200,000, you are going to We want our children to be at the get, listen to this, folks, listen very TERM LIMITS DEFEAT: VICTORY forefront of this world economy and to closely, over $500 a month back. FOR THE STATUS QUO be the leaders of the forward-thinking f (Mrs. KELLY asked and was given world. Let us support the students of permission to address the House for 1 America, and you, please stand with PASS TAX RELIEF NOW minute.) us. (Mr. CHABOT asked and was given Mrs. KELLY. Mr. Speaker, the Amer- permission to address the House for 1 ican people sent us here to do the peo- f minute.) ple’s work and execute their will. Last Mr. CHABOT. Mr. Speaker, make no night, I joined in an effort with more TERM LIMITS mistake about it the Democrats failed than 226 of my colleagues, Republican (Mr. HOKE asked and was given per- to give the American people what they and Democrat, in an attempt to pass mission to address the House for 1 wanted by voting no on term limits the term limits constitutional amend- minute.) last night. Over 82 percent of the Re- ment. Our effort failed. Mr. HOKE. Mr. Speaker, do my col- publicans voted for term limits while I say it failed, Mr. Speaker, but that leagues know what happened last only 18 percent of the Democrats did. does not truly capture what transpired. night? The Gingrich Republicans over- Even though my Democrat col- Our efforts failed the American people. whelmingly passed term limits and the leagues overwhelmingly voted no last Last November, the American people Gephardt-Bonior-Volkmer Democrats night, I hope they will join us in a bi- overwhelmingly endorsed the prin- unoverwhelmingly voted against them; partisan fashion as we consider our last ciples behind Federal term limits, but 83 percent of the Republicans voted contract item, tax relief for families, what they got last night was nothing ‘‘yes,’’ 82 percent of the Democrats senior citizens, and middle-income more than a victory for the status quo. voted ‘‘no.’’ Americans. Out of all the legislation Twenty-two States have already en- And what we will find out, we are we have voted for since January 4, this acted some form of term limits legisla- going to find out something very inter- legislation is what the American peo- tion, and all we wanted to do was give esting in November 1996. We are going ple need most of all. the public the opportunity to voice to find out if the elections of 1994, if Let us allow the American people to their opinions. the change of majority in this House in keep more of their hard-earned money. Simply put, Mr. Speaker, what could 1994 was a reflection of the people’s de- Let us stop the money-hungry Govern- possibly be wrong with this? In my sire to change power in Congress, to ment from taking so much from Amer- opinion, we should let them speak. eliminate Democrats and elect Repub- ican paychecks. Let us pass tax relief f licans of if it was really a mandate for now. term limits. That is what we will find f STAND UP FOR STUDENT LOANS out. I personally believe that the peo- b 1015 (Ms. JACKSON-LEE asked and was ple have spoken very clearly with re- given permission to address the House spect to term limits, but they are STUDENT LOANS for 1 minute and to revise and extend going to have an opportunity again in (Mr. KENNEDY of Rhode Island her remarks and include extraneous 1996 to speak clearly on this, because asked and was given permission to ad- material.) we have got so many Members of this dress the House for 1 minute and to re- Ms. JACKSON-LEE. Mr. Speaker, in House, the overwhelming majority of vise and extend his remarks.) my hand I hold up the Constitution of whom are Democrats, who are coming Mr. KENNEDY of Rhode Island. Mr. the United States and it is amazing from States that have already enacted Speaker, I rise today in defense of that this document still today em- term limits, a couple of my good America’s future. bodies the concerns of Americans about friends on the other side right here, In their attempt to reform govern- equality and opportunity for it simply and they voted against their own con- ment, the Republican leadership has says we the people have joined together stituents last night. placed in jeopardy the finest edu- to do several things, among them, to So we will find out in the fall of 1996. cational system in the world. The con- promote the general welfare, and to tract on America puts student finan- provide blessings of liberty and poster- f cial aid on the chopping block. ity on ourselves. In my State of Rhode Island, over But yet we find ourselves with the LET US TAKE A NEW POLL ON 28,000 students took out loans, worth Gingrich Republicans trying to cut WHAT AMERICANS THINK an estimated value of over $94 million, every single Federal aid program for (Mr. BONIOR asked and was given to pay for their education in 1994. This college loans and college opportunities permission to address the House for 1 year the Republicans want to remove for our young people. In fact, in the minute and to revise and extend his re- the in school interest loan subsidy State of Texas we will lose, our stu- marks.) which allows students to forgo the in- dents in the colleges in the State of Mr. BONIOR. Mr. Speaker, as we all terest on their loans while they are Texas alone will lose, almost $700 mil- know, the Contract on America was still in school. If passed this action will lion in student loans, the Stafford written from a poll. increase the debt of Rhode Island’s stu- loans, work study programs, supple- So what do you say we take another dents by over $10 million. mental educational opportunity poll? I ask my colleagues, how does cut- grants, and the Perkins loans. Here is what we’ll ask: ting aid to students help America com- I am a product of student loans, an Mr. and Mrs. America: Do you think pete in the global marketplace? The opportunity given to someone who sim- we should cut student loans in order to answer is, it does not. If we do not ex- ply tried to stand up and pull herself pay for tax cuts for the wealthy? pand opportunities for higher edu- up by her bootstraps. What do you think they would say? cation, the United States will fall be- I say to the young people of America How about this one: Mr. and Mrs. hind. The American people are for bal- hold on to the Constitution, for we America: Do you think billionaires ancing the budget, but not at the ex- want you to be educated, and Demo- should be allowed to give up their U.S. pense of students trying to make a bet- crats will be fighting to provide for col- citizenship in order to avoid paying ter life for themselves; 89 percent of lege loans for those of you who are taxes? the American people oppose cuts to seeking simply an opportunity. What do you think they would say? student financial aid programs. They Let us go against the Gingrich Re- Apparently, Republicans think they recognize the simple truth that sup- publicans. Let us survive and stand to- would say ‘‘yes’’ to both questions. H 3982 CONGRESSIONAL RECORD — HOUSE March 30, 1995 Because in the next 7 days, they are Just look at whom Republicans are I plead with my colleagues across the going to force both through this House. turning to next to help finance their aisle, let us keep college, help college Today, the same Republicans that windfall to the wealthy. Middle class students to obtain training and edu- cut summer jobs and school lunches families trying to send their kids to cation in universities. It is our future are coming to this floor to defend the school. Believe it or not, they propose and our Nation’s greatest wealth and right of billionaires in order to avoid 75 percent of the financial aid cur- resource. paying taxes. rently awarded to American students. Mr. Speaker, let us not rob the mil- In fact, 2 days ago, every Republican Working middle-class families rely lions of college students throughout but five voted to keep this loophole for on student loan programs to provide a America of their opportunity for a bet- billionaires in place. better future for their children. Speak- ter education. The Congress owes it to Mr. Speaker, Republicans may be er GINGRICH and many Republicans in these young people. marching in lockstep with NEWT GING- this body took out student loans to pay f RICH to give tax breaks to the privi- for their education. Do not deny that leged few. same opportunity to the students of TAX RELIEF FOR SENIOR But one thing is clear: They are out today. Do not pull up the ladder behind CITIZENS AND WORKING FAMILIES of step with the American people. you. Let us work to preserve students (Mr. WELLER asked and was given f loans, not tax loopholes for billion- permission to address the House for 1 aires. minute.) SETTING THE RECORD STRAIGHT f Mr. WELLER. Mr. Speaker, after our ON TAX REDUCTIONS historic first ever vote in the House on (Mr. KNOLLENBERG asked and was PASS A TAX RELIEF PLAN term limits last night, we now turn our given permission to address the House (Mr. JONES asked and was given per- attention to the last items in the Con- for 1 minute and to revise and extend mission to address the House for 1 tract With America. It is now time to his remarks.) minute.) keep our promise with the American Mr. KNOLLENBERG. Mr. Speaker, Mr. JONES. Mr. Speaker, Thomas people by bringing up legislation to there they go again. The Democratic Jefferson had it right when he said, ‘‘a offer tax relief to senior citizens and propaganda machine is working over- wise and frugal government * * * shall working families. time this week trying to convince the not take from the mouth of labor the I am sure all of my colleagues re- American people that the Republican bread it has earned.’’ member the Clinton Democrat tax plan tax reduction package is reserved only Liberals would reject that sound ad- in 1993, the plan that raised taxes on for the rich. Nothing could be further vice. Social Security benefits for the Amer- from the truth. However, Republicans will revive ican elderly. Mr. Speaker, the Repub- It is time to tell the truth about our that Jeffersonian spirit by passing a lican majority is going to repeal this tax cuts and let the American people tax relief plan that is pro-family, will Democrat tax and offer more tax relief know that if they used the Democrats create jobs, and increase saving and infor our grandmothers and grandfathers. calculations of ‘‘income’’ and ‘‘rich’’ vestment. We will pay for these tax Republicans are also bringing to the they would have a lot more work to do cuts by putting the Federal Govern- floor the Senior Citizens Equity Act on their 1040 tax forms this year. ment on a strict diet. We will scruti- which offers further tax relief for our The Democratic leadership inflates nize the entire budget to find waste elderly who are currently penalized by your income by adding all sorts of fraud and abuse. a system that cuts Social Security ben- things you and I would never dream of Now you will hear a lot from the efits for those who wish to continue including: Social Security contribu- Democrats about fairness. working past the age of 65. tions, AFDC payments, employer-pro- But is it fair to penalize middle-class Mr. Speaker, I just do not understand vided benefits like health care and pen- families for saving for the future? why the Democrats want to continue sion contributions, capital gains on as- Is it fair to rob our children’s future punishing senior citizens, and I hope sets you still own, and they even in- to pay for Clinton’s spending binge? the liberal Democrats will join with clude in your income what your net re- I say no. It is time to change busi- Republicans to help senior citizens. turn would be if you rented the house ness as usual. f you live in at market value. f This manipulation of income is a RESCISSIONS gross distortion of family income and PROTECT COLLEGE STUDENT AID (Mrs. CLAYTON asked and was given to those struggling to make ends meet PROGRAMS permission to address the House for 1 it just does not add up. It is no wonder (Mr. FALEOMAVAEGA asked and minute.) the American people think Washington was given permission to address the Mrs. CLAYTON. Mr. Speaker, edu- is out of touch with the rest of Amer- House for 1 minute and to revise and cation funding was one of the casual- ica. extend his remarks.) ties of the Republican rescission pack- Mr. Speaker, we need tax relief but Mr. FALEOMAVAEGA. Mr. Speaker, age. we need an honest presentation of the it is my understanding that the Con- More cuts in education are planned. facts. tract With America has targeted at These cuts seem inconsistent. f least four major college student aid Education, as its first priority, programs either for serious reduction teaches independence, self reliance, self TAX CUTS FOR THE WEALTHY or elimination altogether. sufficiency. (Ms. DELAURO asked and was given Mr. Speaker, we are talking about Education is cut—student loans are permission to address the house for 1 the lives and future of some 6.5 million eliminated—how will students be pre- minute and to revise and extend her re- college and university students pared for works? marks.) throughout America, especially those A welfare reform bill passed last Ms. DELAURO. Mr. Speaker, while from middle- and low-income families week, aimed at moving the poor from republicans in Congress may not be that may never have an opportunity to welfare to work. However, with no pro- able to agree on terms limits, when it pursue higher education if these cuts vision for training or jobs, where will comes to tax cuts for the wealthy, they are made. they work? are all singing the same tune. Whether Mr. Speaker, I am a byproduct of the These policies are puzzling. Edu- preserving tax loopholes for billion- National Student Defense Loan Pro- cation and work lead to opportunity. aires or eliminating corporate taxes, gram and I would have never completed Opportunity is the foundation for liv- Republicans are in the same key. And by studies at the university level if it ing. who is paying for this medley of tax had not been for this program. I think One must wonder where our col- cuts? Middle class, working families, the students of America should have leagues on the right are taking this that’s who. the same opportunity. Nation. March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3983 We are now preparing, next week, to can have for their young people. It This proposal sacrifices our Nation’s take the money from the cuts and give means jobs; it means a future. educational future for tax breaks for the Nation’s billionaires billions in tax In order to get these crown jewels for the wealthiest few. Republicans also relief. the crown, you have to take money plan to eliminate campus-based aid, These policies will hurt low- and mid- away from student loans so there will such as the Perkins Program, the Fed- dle-income people. be fewer of these. That is not the eral work-study, and supplemental edu- The only consistent pattern in the America I know. I hope people wake up cational opportunity grants. contract is its inconsistency. and find out what this is really all It is morally reprehensible, Mr. If we really want work, let us make about. Every day I think they are get- Speaker; the Gingrich Republicans a way. ting a better clue. want to cut student loans for the mid- f f dle class in order to give tax breaks to the largest corporations and to Ameri- SEVENTY PERCENT OF PEOPLE IN REJECTING TERM LIMITS IS A ca’s wealthiest few. AMERICA THINK TERM LIMITS IS BAD IDEA f GOOD IDEA (Mr. FOLEY asked and was given per- (Mr. EWING asked and was given permission to address the House for 1 THE SENIOR CITIZENS EQUITY mission to address the House for 1 minute and to revise and extend his re- ACT IS INCLUDED IN NEXT minute and to revise and extend his remarks.) WEEK’S TAX BILL marks.) Mr. FOLEY. Mr. Speaker, I am glad (Mr. BUNNING of Kentucky asked Mr. EWING. Mr. Speaker, last night the gentlewoman from Colorado [Mrs. and was given permission to address the House voted on term limits. I am SCHROEDER] brought that prop of a the House for 1 minute.) proud of the Members on this side of crown because I truly believe that rep- Mr. BUNNING of Kentucky. Mr. the aisle and on the other side of the resents what went on in this Congress Speaker, I rise today to give a small re- aisle who joined together to vote in a last night when we rejected term lim- minder to this House about some of the positive way on this constitutional its. We crowned ourselves that we are provisions in the tax bill that we are amendment, 227 Members of this body, here for life, that we disregard the peo- going to vote on next week. including 80 percent of the Repub- ples’ wishes and we have made our- Amid all of the white-hot rhetoric licans, voted ‘‘yes.’’ selves potentates in a body of the peo- about child tax credits, capital gains I think the press could have reported ple and for the people. tax cuts, and the rest, a lot of people this a little more fairly. Not that we I came here as a grandson of Polish seem to have forgotten that this legis- failed, because we really did not fail. If and Irish immigrants. My parents both lation is really going to help a lot of my colleagues will remember, there worked for a living. My father was a our Nation’s seniors. was a very meaningful debate on the football coach, my mother worked for The Senior Citizens Equity Act is constitutional amendment, and 80 per- an eye doctor. They instilled in me the part of this tax bill, and let me just recent of the Members on the majority values of hard work and citizenship. I mind my colleagues about how it is side voted in favor of it. Only 70 per- hear repeatedly from the other side going to help them. cent of the people in this country think that we are taking away the safety net The bill raises the Social Security it is a good idea. from the people. The net that we must earnings limit so that older Americans provide is for the people like Kelly who work are not penalized for making b 1030 Largent, the 10-year-old who is on the a little extra income. And it was first time that we have House floor today, son of the Speaker It makes it easier for folks to buy had term limits out of committee on pro tempore [Mr. LARGENT], who wants long-term health care insurance, or to the floor for a vote. The Constitution is to survive in America because this is cash in their life insurance policies to a very sacred document, but there is the greatest place on Earth. They do help cope with the daunting costs when time to amend it with term limits, and not need government handouts, they they are faced with a terminal illness. that time is coming. Even this vote need freedom, the ability, the way to Best of all, this bill repeals the oner- should have been shown as a victory work and respect for this Nation. That ous Clinton Social Security tax infor the contract. is the only way we are going to get crease that the President rammed f ourselves out of our deficit. That is the through this House 2 years ago. only way we are going to grow our way Mr. Speaker, the fur is really going THE CROWN JEWEL OF THE out of the poverty level, not by contin- to fly when the House debates this tax CONTRACT? ued handouts. cut bill. But I urge my colleagues not (Mrs. SCHROEDER asked and was f to forget that this bill does more than given permission to address the House cut taxes. It helps senior citizens. And for 1 minute and to revise and extend STUDENTS AND PARENTS CANNOT for that alone, it deserves our support. her remarks.) AFFORD DRASTIC INCREASES IN f Mrs. SCHROEDER. Mr. Speaker, THEIR DEBT every day the Gingrich gang defines (Mr. BROWN of Ohio asked and was REPUBLICANS WANT TO GIVE TAX themselves more and defines who they given permission to address the House BREAKS TO THE RICHEST 1 PER- are for and who they are not. Now the for 1 minute and to revise and extend CENT Speaker says that the tax cuts that we his remarks.) (Mr. KLINK asked and was given per- are taking up are the crown jewel of Mr. BROWN of Ohio. Mr. Speaker, mission to address the House for 1 the contract. Yes, they sure are, for the the Republican majority is at it again. minute and to revise and extend his re- rich. They are now hitting the middle class marks.) In fact, today we begin that where with cuts in student aid to give tax Mr. KLINK. Mr. Speaker, let me get they are talking about even allowing breaks to the wealthy. this straight: This Contract on Amer- the average American citizen to be I visited with students and adminis- ica, first we cut back on child nutrition able to bail out on their citizenship to trators from Oberlin College, Lorain programs while we give tax breaks to save tax money. What do you think? County Community College, and Hiram the richest 1 percent in this Nation, Term limits for citizenship if you can College in my district. The message is those making $200,000 or more; now we save your tax dollars? loud and clear: Students and parents are going to completely eliminate the I find that outrageous. Of course, you simply cannot afford drastic increases tax obligation to any billionaire who see why they think that is a crown in their debt. wants to renounce his U.S. citizenship, jewel. The Republican proposal to eliminate but at the same time we are going to But then you look at this other sym- the Stafford Program will increase the deny college loans to middle-class bol—this is a diploma—one of the most average student debt burden up to 50 working kids who want to pick them- important things any American family percent. selves up by their bootstraps, improve H 3984 CONGRESSIONAL RECORD — HOUSE March 30, 1995 their communities, and improve their Sullivan joined the Springfield Fire deserves credit for taking a risk and country. Department in 1951, achieving the rank entering into a dialog with Jerry You know, Americans who thought of lieutenant 7 years later. He served as Adams and Sinn Fein. This was impor- they voted for the American dream on acting deputy chief from 1982 to 1984 tant because stability has come to that November 8, 1994, instead have found and as the fire chief to the city be- very torturous issue with the IRA and what they have is NEWT GINGRICH star- tween the years of 1984 and 1990. Great Britain. While there have been ing down Freddy Krueger in ‘‘Night- Raymong Sullivan was referred to by some feathers ruffled with our major mare on Elm Street 2000,’’ slashing his friends who knew him both as a ally, Great Britain, this hopefully will slashing and slashing, only the pro- ‘‘fireman’s fireman,’’ and as a devoted be straightened out when Prime Min- grams that invest in middle America. family man. ister Major comes to Washington next This contract has not created one sin- Mr. Speaker, in a time when commu- week. gle job outside of the bureaucracy that nity service and family values are what Mr. Speaker, the President should be it is going to expand. It has not lifted we are striving for across America, we commended also for downsizing the the standard of living for average should stop to remember people like Small Business Administration. By re- American taxpayers or their children Raymond Sullivan who are modern day ducing its modest funding needs from or future generations. examples of both of these virtues. $813 million to $529 million and elimi- This contract is a sham. Raymond Sullivan will be missed. nating 500 full-time positions nation- f f wide, the SBA shrinks by 35 percent during fiscal 1996. The major portion of HANOI IS STILL LYING THE TAX RELIEF ACT HELPS the savings would come from a progres- (Mr. FUNDERBURK asked and was SENIOR CITIZENS sive alteration of the fee structure for given permission to address the House (Mr. MILLER of Florida asked and loans in the SBA’s successful 7(a) pro- for 1 minute and to revise and extend was given permission to address the gram. Making taxpayers have more ac- his remarks.) House for 1 minute.) cess to accessible loans, downsizing, Mr. FUNDERBURK. Mr. Speaker, Mr. MILLER of Florida. Mr. Speaker, this is in line with positive initiatives Hanoi is still lying. Mr. Speaker, in his I rise today in support of the Contract to shrink government. 1992 campaign, President Clinton prom- With America’s Tax Relief Act. I sup- f ised never to lift the trade embargo on port this bill because not only does it Communist Vietnam unless and until allow all Americans to keep more of SENIOR CITIZENS EQUITY ACT there is a full and good-faith account- the money that they have worked hard (Mr. HASTERT asked and was given ing for Americans missing in action. to earn, but also because it upholds the permission to address the House for 1 But a few weeks ago American and Republicans’ contract with the senior minute and to revise and extend his re- Vietnamese diplomats toasted each citizens of America. marks.) other over Russian champagne to cele- My district, which has the largest Mr. HASTERT. Mr. Speaker, I rise brate the new diplomatic ties. number of senior citizens in the coun- today to inform the House that provi- According to one report, Mr. Speak- try, has made it quite clear to me that sions from H.R. 8, the Senior Citizen’s er, Hanoi brutally murdered hundreds they want the Federal Government out Equity Act, are part of H.R. 1215, the of POW’s before the Paris peace agree- of their lives and especially out of their tax bill we will be considering next ment was reached and they have lied pocketbooks. The Tax Relief Act deliv- week. about it ever since. Vietnam is one of ers on the Republican promise to do These provisions would lift the earn- the worst abusers of human rights in just that. This legislation allows sen- ings penalty on seniors who need to the world. Thousands are being impris- iors to earn more income without los- continue working in our society. H.R. oned for political or religious beliefs. ing Social Security benefits by increas- 1215 also includes provisions to repeal Mr. President, why did you break ing the Social Security earnings limit. the 1993 Clinton tax hike on Social Se- your promise to POW/MIA families? The Democrats obviously don’t be- curity benefits and to provide tax Are the profits of multinationals worth lieve in rewarding hard work. In 1993. breaks for older Americans who pur- recognizing the Hanoi regime and President Clinton dramatically raised chase long-term care insurance. breaking faith with hundreds of brave taxes by 35 percent on the recipients of Mr. Speaker, it is difficult to under- American families? Social Security. I am happy to report stand how Congress could continue to that this legislation repeals Clinton’s f allow our Nation’s laws to punish work tax on seniors over the next 5 years. and send the message to seniors that FAREWELL TO RAYMOND SULLI- Some have argued that tax relief is society no longer wants the skills and VAN, FORMER SPRINGFIELD not compatible with deficit reduction. experience of older workers. FIRE CHIEF These cynics are wrong. Balancing the Under the earnings penalty, working (Mr. NEAL of Massachusetts asked budget and reducing the size of Govern- seniors lose $1 of every $3 of their So- and was given permission to address ment go hand in hand with lower taxes. cial Security benefit. FICA and State the House for 1 minute and to revise Our seniors deserve direct and imme- taxes bring the penalty up to a 56-per- and extend his remarks.) diate benefits from the effort to reduce cent marginal tax rate—twice the tax Mr. NEAL of Massachusetts. Mr. the bloated Federal Government. There rate of millionaires. This is simply not Speaker, I rise today to remember Ray- is everything right with letting seniors fair. mond M. Sullivan, a good friend and keep a little bit more of what they I have been working to relieve sen- exemplary public servant who recently earn—after all it is their money. The iors of this tax burden for 8 years. Sen- passed away. Raymond Sullivan served contract promised tax relief and iors cannot wait any longer. It is time as the former fire chief for the city of through this legislation, we are trying to retire the high tax burden on our Springfield and fought fires for the city to deliver. Let us pass H.R. 1215 for Nation’s seniors instead of retiring for 39 years. America’s senior citizens. older Americans who need to work to Born in Springfield, the son of Irish f remain independent, productive mem- immigrant parents, Raymond Sullivan bers of society. It is time to pass the lived within a mile and a half of his PRESIDENT CLINTON DESERVES tax bill. birthplace his entire life. Ray Sullivan CREDIT was educated in Springfield’s schools, (Mr. RICHARDSON asked and was f and together with his wife, the former given permission to address the House Mary Lou McCarthy, he raised three for 1 minute and to revise and extend TERM LIMITS IS A REPUBLICAN sons: Garrett, Brian, and Gerald, and his remarks.) STRATEGY, NOT A PROGRAM one daughter, Mary Lou. He was a Mr. RICHARDSON. Mr. Speaker, (Mr. BRYANT of Texas asked and grandfather to seven children. President Clinton deserves credit for was given permission to address the After serving his country in the U.S. two initiatives this week, one foreign House for 1 minute and to revise and Navy during World War II, Raymond and one domestic. On foreign policy, he extend his remarks.) March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3985 Mr. BRYANT of Texas. Mr. Speaker, THE TERM LIMITS VOTE—NOTHING quote, ‘‘wealthy seniors’’ with incomes earlier in the 1-minute period today we MORE THAN A BIG POLITICAL in the range of $30,000 to $40,000. Well, heard a number of Republicans get up SHOW instead of taxing, quote, ‘‘wealthy sen- and boast extravagantly about the (Mr. MEEHAN asked and was given iors’’ living on fixed incomes like the number of Republicans that voted for permission to address the House for 1 Democrats do, the Republican Contract term limits last night and boasted that minute and to revise and extend his re- With America provides seniors with it was something like 85 percent of all marks). much needed tax relief to help with the the Republicans who did it. Mr. MEEHAN. Mr. Speaker, when I increasingly high cost of long-term When you look at the term limits hear NEWT GINGRICH and the rest of the health care, among other things. Our proposal that was offered by the gen- Republican leadership characterize bill also helps families stick together tleman from Michigan [Mr. DINGELL], yesterday’s vote as historic, it makes and encourages them to help one an- to limit terms to 12 years, and make me laugh. There was nothing historic other by providing a generous tax cred- them apply to Members who are serv- about the vote yesterday; in fact, the it for family care givers. ing here now, how many Republicans whole exercise was nothing more than Mr. Speaker, the Republican tax bill voted for that? The answer is less than a big political show designed to confuse is good for seniors and it deserves this 1 out of 4 voted for that. If I was a Re- people into thinking that House Repub- House’s support now, before our seniors publican, and I was busy cutting stu- licans really support term limits. grow any older or any poorer. dent loans and cutting school lunches I have always been skeptical of the f so that I could cut taxes for the legislators who claim they are for term wealthiest Americans; I would be in limits but have been in office for 15 or WHY WEYRICH IS WRONG here talking about term limits, too, be- 20 years. The best test of any politi- (Mr. LEWIS of Georgia asked and was cause you see term limits is not the cian’s credibility on term limits is given permission to address the House Republican program, it is the Repub- whether they are willing to put their for 1 minute and to revise and extend lican strategy: Talk term limits while careers where their mouths are and his remarks.) you are busy eliminating the ability of limit their own service. Yesterday, Mr. LEWIS of Georgia. Mr. Speaker, middle-class Americans to grab them- when we voted on an immediate term earlier this week Paul Weyrich, one of selves by their bootstraps and lift limits amendment, only 54 Republicans the founding fathers of the modern-day themselves up to a better way of life were willing to support the bill. right wing, wrote in the Washington than they have had in the past. Term Until recently, I had no real proof Times that the gentlewoman from Con- limits is a Republican strategy, not the that the Republican leadership would necticut [Mrs. JOHNSON] and the other Republican program. not work aggressively to pass term Republican members of the Ethics The program remains what it always limits legislation. Yesterday changed Committee should resist the tempta- has been, make the rich richer and the that. The party discipline that the Re- tion to appoint a special counsel to in- poor poorer and the middle class have a publicans showed when cutting school vestigate the Speaker. Appointing an harder time catching up. lunches or home heating oil for the el- outside counsel, Weyrich argued, would derly and working poor was absent on bring a cloud over the Speaker and af- f term limits yesterday. If House Repub- fect his ability to govern. licans really wanted to pass term lim- Mr. Weyrich is wrong, just dead PRESIDENT CLINTON DID AN END its they would have allowed a vote on wrong. There are, indeed, very serious RUN—AROUND CONGRESS the Sanford-Deal statute which would charges hanging over the head of the (Mr. ROHRABACHER asked and was have only required a majority vote for Speaker. But only an outside counsel, passage. given permission to address the House an independent objective individual, for 1 minute and to revise and extend As someone who has unconditionally sup- can clear the air and remove this mat- his remarks.) ported term limits for all Members of Con- ter from the realm of partisan politics. gressÐincluding myselfÐI viewed yesterday's Mr. ROHRABACHER. Mr. Speaker, This is the route the Ethics Committee charade as an insult to those of us who really no amount of class warfare can obscure has taken in every high level case since support term limits. the fact to the American people that 1979. Most House Republicans do not really sup- the Republicans voted for term limits, The gentlewoman from Connecticut port term limits, they just like to campaign on the Democrats voted against term lim- [Mrs. JOHNSON] and the other Repub- them. The public should not be fooled by ca- its. But today I would like to speak licans on the Ethics Committee should reer politicians who claim to be for term limits about another issue. not be subjected to threats by Paul as long as they do not apply to themselves. As we are discussing the Contract Weyrich or by anyone else. With America, billions of dollars are f We need an outside counsel to inves- being drained from a fund that was es- FULFILLING OUR CONTRACT WITH tigate the Speaker and the committee tablished to stabilize our currency. SENIOR AMERICANS should proceed without delay. Where are these taxpayer dollars (Mr. GOSS asked and was given per- f going? They are being sent without so mission to address the House for 1 SEEKING BIPARTISAN SUPPORT much as a vote of Congress to the bank minute and to revise and extend his re- FOR A MIDDLE-CLASS TAX CUT accounts of Wall Street speculators marks.) and to the efforts to prop up a corrupt Mr. GOSS. Mr. Speaker, next week (Mr. KINGSTON asked and was given Mexican elite. While we are trying to this House will fulfill our Contract permission to address the House for 1 balance the budget by cutting spend- With America, and, more specifically, minute and to revise and extend his re- ing, President Clinton did an end run our contract with senior Americans. marks.) around Congress to transfer billions of We promised to vote on raising the pu- Mr. KINGSTON. Mr. Speaker, to a dollars of taxpayer dollars to this nitive Social Security earnings test carefully assembled crowd of special Mexican bailout scheme and ten’s of limit so seniors would not be penalized interest groups, power brokers, govern- billions of more will be spent unless we for working. ment bureaucrats, Democrat Party put a stop to it. Next week, during the consideration stalwarts and the other sycophantic of our tax relief bill we will fulfill that apple polishers, the President kicked b 1045 promise. We will also vote on repealing off his reelection effort with his At- Mr. Speaker, the only way to put a the unwarranted double taxation of So- lanta economic summit. Boasting on stop to it is to sign a discharge peti- cial Security benefits that was imposed his economic record to this tough audi- tion, and I hope my colleagues will join by the 1993 Clinton tax bill. ence, the President somehow failed to me in signing the Stockman discharge Mr. Speaker, my colleagues will re- mention that interest rates are higher petition, and I hope the public will see call the Clinton tax bill. That is the than when he was first elected. The whether their Congressman’s name is special extra tax that President Clin- public debt is expected to rise another on that discharge petition. ton and the Democrat Party placed on, $1 trillion, trade deficits are at an all- H 3986 CONGRESSIONAL RECORD — HOUSE March 30, 1995 time high, and the dollar is losing THE CLINTON ADMINISTRATION’S and for other purposes. All points of order value overseas. but, more importantly, CONSISTENT POLICY TO KILL against the conference report and against its he did not respond to the charge of Dan JOBS consideration are waived. The conference report shall be considered as read. Ratachzak who said that real income (Mr. MICA asked and was given per- of Americans has fallen, which means mission to address the House for 1 The SPEAKER pro tempore (Mr. that, while one may be making more, minute and to revise and extend his re- GOODLATTE). The gentleman from Ten- than their actual spending power has marks.) nessee [Mr. QUILLEN] is recognized for 1 fallen. Perhaps, if the President and Mr. MICA. Mr. Speaker, it is fitting hour. the Democrat Party acknowledged that President Clinton has proposed Mr. QUILLEN. Mr. Speaker, for pur- this, then they would join the Repub- the bulk of his new cuts in NASA and poses of debate only, I yield the cus- lican Party in working for a middle- the Small Business Administration. I tomary 30 minutes to the gentleman class tax cut because, after all, cutting say that it is fitting because President from Texas [Mr. FROST], and, pending taxes is not Congress sending Govern- Clinton wants to be consistent. He that, I yield myself such time as I may ment money to the people. It is just wants to ensure that we continue to consume. During consideration of this that we are not going to take the peo- produce low-paying and part-time jobs, resolution, all time yielded is for the ple’s money in the first place. the cornerstone of this administra- purpose of debate only. I hope that we will get some biparti- tion’s approach to economic develop- (Mr. QUILLEN asked and was given san support on this much needed tax ment. permission to revise and extend his re- cut. This week President Clinton tells marks, and to include extraneous ma- f Congress to cut NASA. He wants to kill terial.) thousands of high paying research and Mr. QUILLEN. Mr. Speaker, this is DEDUCTION FOR HEALTH INSUR- development jobs, destroy America’s an extremely simple rule. It waives all ANCE SHOULD GO TO EMPLOY- lead in the next frontier and cripple points of order against the conference EES OF THE SELF-EMPLOYED our chances for future high tech em- report to accompany H.R. 831, the bill TOO ployment. This week our President rec- to permanently and retroactively ex- (Ms. PELOSI asked and was given ommends to this Congress to gut the tend the tax deduction for health in- permission to address the House for 1 Small Business Administration, an- surance for the self-employed, which minute and to revise and extend her re- other great choice to kill even more the House passed on February 21. The marks.) jobs. Small business is the greatest cre- rule also provides that the conference Ms. PELOSI. Mr. Speaker, just when ator of jobs in our country and the report be considered as read. we thought we had seen it all in at- largest employer in our Nation. Then It is my understanding that the only he goes to Atlanta—read here in to- tempts by the Republicans in Congress points of order that lie against the con- day’s newspaper, where he says we need to give tax breaks to their wealthy ference report are the 3-day layover re- to create more jobs and talks about job friends, they have gone beyond the quirement and scope violation. There creation. This is after he has made two pale. It is hard to imagine, but today are also a few technical points of order the Republicans will bring a conference bad choices this week in his consistent policy to kill jobs, darken our chil- under the Budget Act that are being report on H.R. 831, a bill to provide a waived, but I want to emphasize that 25-percent deduction for health insur- dren’s future and promote a welfare the conference report is deficit neutral ance for the self-employed. That is state. over the 5-year period. good. But they rejected the oppor- f Mr. Speaker, I believe that we should tunity, the amendment, that would WAIVING CERTAIN POINTS OF only waive the 3-day layover require- have allowed that tax deduction to go ORDER AGAINST CONFERENCE ment when absolutely necessary, but for the employees of the self-employed. REPORT ON H.R. 831, PERMA- Instead in the bill they insisted that this is one of those times. It is impera- NENT EXTENSION OF THE the conferees drop a Senate provision tive that H.R. 831 be enacted into law HEALTH INSURANCE DEDUCTION that would have closed a tax loophole before the 1994 tax filing season ends on FOR THE SELF-EMPLOYED for billionaires. Under current law the April 15. Millions of self-employed wealthiest Americans can take advan- Mr. QUILLEN. Mr. Speaker, by direc- Americans are depending on us to re- tage of a tax loophole by renouncing tion of the Committee on Rules, I call store the tax deduction that allows their citizenship, thereby avoiding up House Resolution 121 and ask for its them to keep themselves and their taxes on gains made while they were immediate consideration. families covered by health insurance. U.S. citizens. These people made their The Clerk read the resolution, as fol- This bill provides a 25-percent deduc- money benefiting from our country, lows: tion for 1994 and 30-percent deduction from the security, from the democracy, H. RES. 121 thereafter. We have left them dangling from the work force, and, yes, even Resolved, That upon adoption of this reso- in uncertainty for months now, and we from the tax laws in this country. Now lution it shall be in order to consider the must pass this conference report now they are given to give up their citizen- conference report to accompany the bill to ensure that this tax deduction will ship. They are given a tax break at the (H.R. 831) to amend the Internal Revenue be available to the millions of farmers, expense of the employees of the self- Code of 1986 to permanently extend the de- small businessmen, and other self-em- duction for the health insurance costs of employed. self-employed individuals, to repeal the pro- ployed Americans who are counting on Mr. Speaker, this is an outrage, this vision permitting nonrecognition of gain on it. is a shame, this is downright unpatri- sales and exchanges effectuating policies of Mr. Speaker, I urge the adoption of otic. the Federal Communications Commission, this resolution. THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of March 29, 1995]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ...... 46 44 19 76 Modified Closed 3 ...... 49 47 6 24 Closed 4 ...... 9 9 0 0 Totals: ...... 104 100 25 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill). March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3987 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of March 29, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/10/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/1/95). H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res 108 (3/6/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res 115 (3/14/95) ...... MO ...... H.R. 1158 ...... Making Emergency Supp. Approps...... A: 242–190 (3/15/95). H. Res 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. Speaker, I reserve the balance of their taxpayer duty this and every Today’s rule gives us a little preview my time. April 15. of what is to come. Next week we will Mr. FROST. Mr. Speaker, I yield my- Mr. Speaker, $3.6 billion is a lot of vote on a Republican proposal to give self such time as I may consume. money to throw away, especially with more tax breaks to the very wealthy— Mr. Speaker, this rule ruins an other- all this talk of balancing the budget those tax breaks will be paid for by wise acceptable conference report. and cutting school lunches. In fact the cuts in school lunches for America’s Republicans have taken a good idea— money the Republicans are losing the school children. letting people deduct their health care Treasury by giving the rich a tax break Mr. Speaker, two nights ago the costs—and thrown in a big juicy bone could buy almost 3 billion school House missed a chance to make the for a few very wealthy people and this lunches. very very wealthy who renounce their bone will cost this country $3.6 billion over 10 years. Now, do not get me wrong. I strongly American citizenship pay their taxes Mr. Speaker, I cannot understand support the main provisions of this on income they earned as citizens of why Republicans would refuse to pro- conference report. I think hard- this great country when it rejected Mr. vide welfare benefits to people who working, self-employed Americans GIBBONS’ motion to instruct conferees enter this country legally but would should be allowed to deduct some of by a vote of 193 to 224. wink at billionaires who renounce their the cost of their health insurance. This Now, I would like to offer my col- American citizenship in order to avoid conference report will do that. leagues another chance to do the right paying taxes. For that reason I will support the thing. I urge my colleagues to defeat That’s right, this conference report conference report itself. the previous question so that we can deletes a Senate provision to require a But I do not support giving about 2 make rich ex-patriots pay their taxes. few billionaires to pay their taxes. And dozen billionaires a huge tax break Mr. Speaker, I reserve the balance of all the while, everyone else will do while socking it to children. my time. FLOOR PROCEDURE IN THE 104TH CONGRESS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1 ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5 ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to limit N/A. debate on section 4; Pre-printing gets preference. H.J. Res. 2 ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House no amendments ...... N/A. H.R. 2 ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665 ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666 ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667 ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668 ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728 ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7 ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 729 ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed; Put on suspension calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self-Em- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; waives all points of order; Contains 1D. ployed. self-executing provision. H.R. 830 ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450 ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022 ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926 ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925 ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amendments 1D. in the Record prior to the bill’s consideration for amendment, waives germaneness and budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text. H.R. 1058 ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the 1D. Wyden amendment and waives germaness against it. H.R. 988 ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. H.R. 956 ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amendments 8D; 7R. from being considered. H 3988 CONGRESSIONAL RECORD — HOUSE March 30, 1995 FLOOR PROCEDURE IN THE 104TH CONGRESS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion pro- N/A. vision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73 ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ proce- 1D; 3R dure and denies 21 germane amendments from being considered. H.R. 4 ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments.. ** 78% restrictive; 22% open. **** Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103rd Congress. **** Not included in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.

b 1100 difference when we find billionaires, cases. That will result in greater access Mr. QUILLEN. Mr. Speaker, I yield super-wealthy people, taking advan- to health care and lower health care myself such time as I may consume. tage of America’s free market system, costs for all Americans. Mr. Speaker, for the past 40 years taking advantage of our educated em- Now we are taking the next step. those on that side of the aisle had ployees, taking advantage of their leg- Rather than the Government takeover every opportunity to do away with acy and all of the opportunities this proposed by my friends on the left, we what they are talking about today, and great Republic has given to them, and are reforming health care by giving the I do not see the sudden rise of opposi- just when they have been able to make American people what they wanted, tion to this rule, when they have car- the profit, decide that America is no the ability to help themselves. This ried the ball for some 40 years. good? How can we possibly say that we bill will restore permanently the 25- Mr. Speaker, I would like to request are going to reject this notion because percent tax deduction for health insur- that the gentleman from Texas [Mr. the Democrats in 40 years did not re- ance for the self-employed, but now it FROST] tell us how many speakers he pair it? These people found the loop- goes one step better. For tax year 1995 has. hole, and we are trying to stop it be- and beyond, the deduction goes up to 30 Mr. FROST. Mr. Speaker, we have fore there is a hemorrhage and we lose percent. Over 3 million hard-working five speakers, and we may have more. billions of dollars. Americans will find health care more This is a very interesting thing that So all we are saying is let us support affordable, thanks to this bill. This tax the Republicans have done in protect- the self-insured, let us give them the deduction is for farmers, for ranchers, deduction, but let us reverse the rule ing billionaire expatriates, and I have a for shopkeepers, and for small business so we have an opportunity to get the feeling some more Members may come owners, providing them with the strong funds, the revenues, to pay for it. to the floor. incentive to purchase health care in- Mr. QUILLEN. Mr. Chairman, will Mr. QUILLEN. Mr. Speaker, I do not surance. the gentleman yield? see why anyone could object to allow- It is what is fair, it is what is right, ing the 25-percent credit on health in- Mr. RANGEL. I yield to the gentleman from Tennessee. and I commend Chairman ARCHER for surance for the self-employed. That swift action in getting this bill out of side of the aisle is trying to use smoke Mr. QUILLEN. I would ask my friend from New York, did he sign the con- conference and onto the floor so the and mirrors to defeat the rule, but this taxpayers can take advantage for the is a good rule. ference report? Mr. RANGEL. Yes, Mr. Speaker, I 1994 tax year. Mr. Speaker, I reserve the balance of Mr. Speaker, we need to continue to my time. did. Mr. QUILLEN. Has the gentleman focus on what is important in this bill, Mr. FROST. Mr. Speaker, for pur- and that is treating self-employed indi- 1 changed his mind? poses of debate only, I yield 1 ⁄2 min- viduals and business owners like the utes to the gentleman from New York Mr. RANGEL. Let me make it clear major corporations, and this is a good [Mr. RANGEL]. to the gentleman: I signed the con- start. What we need to do is we need to Mr. QUILLEN. Mr. Speaker, I yield 30 ference report to get the issue before pass this bill, and we need to quit talk- seconds to the gentleman from New the House of Representatives and to ing about the diversionary tactics that York. make certain the American people the liberal left always wants to keep The SPEAKER pro tempore (Mr. know what we have done. When I go to bringing up. GOODLATTE). The gentleman from New conference, I go into conference on be- Mr. FROST. Mr. Speaker, I yield my- York [Mr. RANGEL] is recognized for 2 half of the Committee on Ways and minutes. Means, and the Republicans control it. self 1 minute. (Mr. RANGEL asked and was given So I am not there to fight in con- Mr. Speaker, the gentleman from Ne- permission to revise and extend his reference. I am here to fight on this floor braska is engaged, as his other col- marks.) for a rule that allows the voters of the leagues, in a legislative shell game. Mr. RANGEL. Mr. Speaker, I rise to House of Representatives to do the The pea is under one shell, but it is not oppose the rule. That has nothing to do right thing. under the other shell. The Senate Re- with whether or not we will get an op- Mr. QUILLEN. I am not being criti- publicans were willing to tax expatri- portunity to vote to allow those who cal. ate billionaires; Republicans in the are self-employed to make the dedica- Mr. Speaker, I yield 2 minutes to the House were not willing to tax expatri- tion. Changing the rule only gives the gentleman from Nebraska [Mr. ate billionaires. They went to con- Members of the House of Representa- CHRISTENSEN]. ference, and, lo and behold, the Repub- tives an opportunity to raise the reve- Mr. CHRISTENSEN. Mr. Speaker, it licans in the House who want to forgive nue to pay for what should be done, and is just like liberals to talk about some- taxes for expatriate billionaires pre- that is to encourage people to be self- thing that is not even in this bill. Let vailed. insured for health. us quit talking about the diversionary Of course it is not in the bill. It is It just seems to me that when we had tactics on this issue and let us talk not in the bill because your side American citizens running off to Can- about what is in the conference report. knocked it out in conference. ada to avoid their national obligations This bill is yet another step to reform Mr. Speaker, I yield 2 minutes to the to their country, their draft obliga- health care reform. gentleman from California [Mr. MAT- tions to the military, we scolded these A few weeks ago we passed sweeping SUI]. people for being unpatriotic, as we legal reforms capping non-economic Mr. MATSUI. Mr. Speaker, I thank should have done. What the devil is the damages in all health care liability the gentleman. March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3989 Mr. Speaker, it is very interesting I am for the 30 percent. I would like The Senate wanted to close that that the gentleman from Nebraska it to be 80 percent. As the gentleman loophole. They wanted to close it, and makes the statement that this is a from California [Mr. MATSUI] has said, they wanted to give self-employed peo- shell game, that this has nothing to do we could raise it another 5 percent by ple a little higher percentage that they with the main issue, that is, the de- keeping this provision in. could write off their taxes for buying ductibility of insurance premiums. Why have you taken it out? That is their own insurance. But the House This has a lot to do with it. If we would the issue, and all the arguments that said no. Almost every Republican in have left this provision in the legisla- have been raised are shams, pure this body said no. tion, we could have gotten 35 percent shams, comparing it to the Soviet So today we are forced with lowering for the average American small busi- Union. Nobody believes it. It is a free the deduction that the average self-em- ness instead of 25 percent or 30 percent. country here. The question is, can peo- ployed person can have for self-insur- We could have gotten more deductibil- ple escape taxation by leaving? ing themselves on health care so that ity on this thing if we would have fol- Look, I am not in favor of soaking we can continue to allow billionaires to lowed the other body, Senator DOLE, the rich at all. I do not want the very bail on this country. Senator DASCHLE, and all the Repub- wealthiest to soak the United States of I find that shocking. I was elected to lican Senators who supported this leg- America. That is what the issue is represent the people who are working islation. It is extreme in this body here here. in this country, and I think anybody that we would actually try to throw Give us a reason. Give us a reason who has worked in this country who this provision out, what we did in the why 12 to 24 families, that is the aver- has made their fortunes in this coun- House-Senate conference, because the age that has been happening, get out of try, who has benefited by the largesse Republican leadership did not want it. taxation by renouncing citizenship, of this country, to be able to have a For those of you who do not know and then they come back here and they loophole that we all know about and what this is, an American citizen who can keep $600,000 bucks that is not sub- not close it is unconscionable. It also earned his wealth here could renounce ject to taxation. They can keep their means that you tax much higher the his citizenship and not pay taxes. He multimillion-dollar home. All we are citizens who are staying in this coun- will go to a small Caribbean country saying is on gains other than that they try. That is further unconscionable. I that has no taxes and then what he will should pay their taxes. hope we defeat this rule. end up doing is avoiding taxation. That I say this to the side of the gen- b 1115 means all other Americans, those wage tleman from Tennessee [Mr. QUILLEN]. Mr. FROST. Mr. Speaker, for pur- earners, will have to pay more taxes. Let us get the names of these people. poses of debate only, I yield 2 minutes I might just mention one other thing Let the gentleman from Texas [Mr. AR- to the gentleman from Hawaii [Mr. which is very interesting about this. CHER] request the appropriate authori- ABERCROMBIE]. After this was passed in the Senate, ties to give us the names, and let us do Mr. ABERCROMBIE. Mr. Speaker, last week my office got a contact. It it right now. We have an obligation to the other night I came on this floor got a contact from a New York lobby- low and middle income families, and and indicated that I had come over be- ist, and this New York lobbyist gave indeed to high income families, that cause I thought there was to be a vote the very wealthiest not use the artifice me a document. The document says taken virtually immediately, because I these are seven talking points we can of renunciation of citizenship and be- expected the instruction on this would use in order to make an argument to come jet setters, come back here and be accepted by the Republican side. eliminate this provision. live, while the rest of America works Now, for those who are not familiar He talks about this will destroy hard and they escape legitimate tax- with all of the ins and outs of what Jackson-Vanik. That is ridiculous. But ation. goes on on this floor or for those who he said this will destroy Jackson- Mr. Speaker, I support the position of are here today witnessing democracy Vanik. the gentleman from Texas [Mr. FROST]. in action and are sitting in the gallery He said this is a human rights issue. It is eminently reasonable. Let us find for the Close Up Foundation, young Justin Dart’s family can leave the out the truth here. Do not cover it up. people that come here, for the men and United States, renounce his citizen- Mr. FROST. Mr. Speaker, I yield 2 women who work hard and pay taxes ship, to avoid U.S. taxes. That is a minutes to the gentlewoman from Col- and believe in their citizenship and human rights issue? That is ridiculous. orado [Mrs. SCHROEDER]. raised their kids to believe in America, Then the real outrageous provision in Mrs. SCHROEDER. Mr. Speaker, I that someone like myself to come from this document here is that on the sec- thank the gentleman for yielding. Buffalo, NY, 36 years ago, can go to Ha- ond page that this lobbyist gave me, he Mr. Speaker, I must say every time I waii and represent Hawaii today in a cites Soviet law. Comparing what Sen- think I have seen everything I am sur- multi-cultural, multi-ethnic, multi-ra- ator DOLE, Senator BRADLEY, and Sen- prised. And today I must say I really cial society, a rainbow of people, a plu- ator DASCHLE wanted to do on the Sen- am surprised. Let us review the play. rality of people that make up the Unit- ate side to the Soviet Union and their The Senate Republicans said we ed States of America, the most unique immigration policies is outrageous. It ought to close this loophole. This is a and special country in the history of is unpatriotic. Those that make that loophole that a few fancy tax lawyers the world because we take immigrants argument owe the Members of Congress with well-heeled clients discovered a in from all over the world and say, you an apology. They owe Senator DOLE couple years ago, so these mega bil- can be Americans and you can achieve and Senator BRADLEY and Senator lionaires could bail out of the United your dreams, I am standing here today DASCHLE an apology. States after they lived here and en- because of that. Mr. FROST. Mr. Speaker, for pur- joyed the protection of the United My ancestors emigrated to the Unit- poses of debate only, I yield 2 minutes States, sold things to U.S. citizens, and ed States, proud to be Americans. And to the gentleman from Michigan [Mr. did whatever they could in this won- we have people today who say, I do not LEVIN]. derful country. Now they want to bail want to pay taxes, much of it on inher- Mr. LEVIN. Mr. Speaker, the more I so they do not have to pay their fair ited wealth, people who have not have looked into this, the more out- share. earned anything but just took money raged I have become. This is not a Now, this was recently discovered. out of the economy, they do not want question of smoke and mirror. The We know many families have begun to to pay taxes and they renounce their smoke is coming from the majority do this. We know one of the families citizenship. We are celebrating the end side that does not want us to see what was the man who owns the Campbell of World War II, some of you young is behind their opposition to changing soup thing. So every time you buy a jar people that are listening in and some of the rules so the very wealthiest cannot of soup, think of that can of soup and your parents and grandparents, com- escape taxation simply by renouncing the guy living in Ireland, thumbing his memorating World War II where people citizenship. That is where the smoke is nose at American taxpayers. That is fought and died for freedom, and we coming from. what this is about. have people who take advantage of H 3990 CONGRESSIONAL RECORD — HOUSE March 30, 1995 that, renounce their citizenship not to the rule that is absolutely unneces- Senate. The proposal to the Senate was pay taxes. And the Republican side sary. to remove the Senate provision on ex- goes to the Senate and makes them Mr. ABERCROMBIE. Mr. Speaker, patriation based upon the vote on the drop this provision. will the gentleman yield? floor of the House. That is what this is all about. This is Mr. QUILLEN. I yield to the gen- The Senate accepted the House posi- whether or not you are for the rich tleman from Hawaii. tion. It was the Senate that made the people to denounce their citizenship or Mr. ABERCROMBIE. Mr. Speaker, decision to drop that provision. And whether you are going to be for the or- perhaps, I do not want to add to the the chairman of the conference, the dinary working man and woman in this confusion, but I understood you, maybe gentleman from Oregon, Senator PACK- country, proud to be an American. you misunderstood my remarks. My re- WOOD, said, ‘‘Thank you. In my bones, I ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE marks were addressed to the question believe the Senate acted hastily.’’ The SPEAKER pro tempore (Mr. of whether or not the Senate position Now, notwithstanding the agreement GOODLATTE). Members are advised to would be sustained, instruction or not, of the conferees to drop this section, address their remarks to the Speaker with respect to this, to closing this the section that had been added by and not to address the gallery. loophole for these billionaires being Senator BRADLEY, which was not Presi- Mr. QUILLEN. Mr. Speaker, I yield able to escape fair taxation by re- dent Clinton’s proposal as presented to myself such time as I may consume. nouncing their citizenship. the Congress but, rather, a distortion I would like to remind my colleagues My understanding was that the of that proposal, which created a situa- that this rule passed unanimously in House requested and succeeded in get- tion in which citizens of the United the committee by voice vote. There ting this provision dropped from the States would be treated differently were no negative votes. And now they Senate bill. than noncitizens and that the citizens come to the floor, I do not know Mr. QUILLEN. I was not confused at would be subjected to harsher treat- whether it is a dream or whether it is all in regard to your statement, I will ment than noncitizens, that was the just delaying tactics or what. advise the gentleman from Hawaii. Senate’s position that Senator PACK- I would like to remind the gentleman Mr. ABERCROMBIE. So I am correct WOOD said, ‘‘In my bones, I believe we that this rule provides for a motion to that the Senate did acknowledge or ac- acted too hastily.’’ recommit the conference report with quiesce to the House position to drop Now, what did this conference agree instructions, if that is the will of the this particular provision? to? In the language of the conference House. Mr. QUILLEN. There was no objec- report, we agreed to not include the I do not know why all the argument tion at all in the Committee on Rules Senate amendment. But then we went on the rule when they have every ave- bringing this rule to the floor. on in 11 specific areas indicating to the nue to accomplish their goal, if they Mr. ABERCROMBIE. We are not dis- joint tax committee, we want an exam- offer the motion to recommit. cussing that. ination in this area. We want a study In the Committee on Rules, the Mr. QUILLEN. This all developed of the issues presented by any propos- Democrats were a little bit confused after the rule was presented. als to affect the tax treatment of expa- anyway. We spent several minutes, Mr. ABERCROMBIE. The discussion triation, including an evaluation of, probably 15 or longer, for a group who is who is responsible for having these one, the effectiveness and enforce- had the wrong idea about the con- billionaires being able to escape tax- ability of current law; two, the current ference report. ation. level of expatriation for tax avoidance; Now, I do not know whether they are Mr. QUILLEN. Reclaiming my time, three, any restrictions imposed by any confused again, but apologies were Mr. Speaker, I yield to the gentleman constitutional requirement; four, the made to the Members. We accepted from New York [Mr. RANGEL]. application of international human that apology. Mr. RANGEL. Mr. Speaker, there is rights principles to the taxation of ex- Mr. MATSUI. Mr. Speaker, will the no one that I have more respect for in patriation; five, the possible effects of gentleman yield? this House than the gentleman from any such proposals on the free flow of Mr. QUILLEN. I yield to the gen- Tennessee. We have enjoyed that capital; six, the impact of any such tleman from California. friendship over a number of years. proposals on existing tax treaties; Mr. MATSUI. Mr. Speaker, I do not There are times, however, when com- seven, the operation of any such pro- believe the Democratic members of mittees think that they are working posals, on and on and on, to be reported Committee on Rules were confused at their will or the will of the party when back by June 1, 1995. all. they are in the Committee on Rules Every one of the arguments that Mr. QUILLEN. We were not confused, and sometimes we do the same thing in were presented by your side and our but you and your group were confused. the Committee on Ways and Means. side on the floor of the House on the Mr. MATSUI. Mr. Speaker, if the If there was no objection by the vote to instruct conferees is included gentleman will continue to yield, you Democratic Members when the rule in this study to be given to us by June indicated they might have been con- was perfected, well, those things hap- 1, 1995 so we can make an informed defused. I do not think they were con- pen. But we do not have to accept that cision about what we do in this area. fused at all. rule on the House floor when we see You are back to rush to judgment, re- Let me say this, the language that I that. gardless of the fact that the Senate has read in that document was a House Mr. QUILLEN. Mr. Speaker, reclaim- said they probably acted too hastily, offer. That was not incorporated in the ing my time, I yield 7 minutes to the regardless of the fact that the con- conference report document itself. gentleman from California [Mr. THOM- ference report says by June 1 we will However, I will say this, I read the AS]. provide an answer to all the concerns transcript last night, the entire tran- (Mr. THOMAS asked and was given on both sides on this question so that script of the conference last night, to permission to revise and extend his re- we can make an informed decision. the gentleman from Tennessee. And marks.) And then lastly, let me say, a num- that language that I recited was in fact Mr. THOMAS. Mr. Speaker, I would ber of harsh words were presented on adopted but it was not incorporated in be very pleased to shed some light on the floor the other night about the the conference report document itself. this discussion since some folks seem question of citizens and whether or not Both Senator PACKWOOD and the gen- to be knocking about in the dark. I was citizens of the United States should be tleman from Texas, Mr. ARCHER, on the conference committee, and I treated similarly to citizens in Ger- agreed to that language, including that will tell you what happened, not some- many or any other country. Frankly, I date that was incorporated in that body’s supposition of what happened, do not think we should compare our- agreement. but what happened. selves to any other country. Citizen- Mr. QUILLEN. I am not being criti- On the floor of the House the minor- ship in the United States is something cal of the gentleman from California. I ity party offered a motion to instruct. special. And that if an individual de- just think that there is a lot of confu- You lost. The House then went to the cides on their own they want to make sion going on here in the discussion of conference and made a proposal to the a choice about that citizenship, we March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3991 should not have the Government of the b 1130 have saved $3.6 billion over 10 years by United States and especially those of If Members want to assist oppressive closing this loophole, but when given you on this side of the aisle institute foreign governments, in the opinion of the chance, all but five on the other some kind of a punitive action unless it the Dr. Felix Frankfurter, professor of side of the aisle said no. violates the law, as we will examine law emeritus, shame on you. A cheap Mr. Speaker, this is not just a debate and restructure it. political stunt, repeated twice now, in about tax loopholes. This debate is a I was very, very comforted by my the face of the conference committee symbol of the entire contract on Amer- mail this morning, in a letter dated responsibly investigating ways to ica. The Gingrich Republicans are March 30, on paper with the letterhead change this law. Shame on you. targeting women and children in order Harvard Law School, Professor Abram You really ought to learn how to be to give tax break to the wealthiest peo- Chayes, the Felix Frankfurter Profes- the minority better than this. Pick ple in America. You can renounce your sor of Law Emeritus wrote me and your shots where you can be respon- citizenship. As long as you are a bil- said, ‘‘Dear Congressman Thomas, I am sible and positive in trying to make lionaire, the Gingrich Republicans are writing to express my concern about change. Do not create a situation going to take care of you. You are the current proposal to impose a tax on which would reinforce oppressive gov- going to be okay. persons leaving the United States who ernments based upon the way in which Next week we will be dealing with renounce their citizenship. I am the Congress treats citizens of the United what NEWT GINGRICH called the crown Felix Frankfurter Professor of Law States. Shame on you. jewel of the contract, the piece de re- emeritus at Harvard Law School where Mr. FROST. Mr. Speaker, I yield 4 sistance, a bill that gives the over- I teach international law. From 1961 to minutes to the gentleman from Michi- whelming majority of its tax breaks to 1964, I was the legal advisor to the De- gan [Mr. BONIOR]. the privileged few, a bill that says if partment of State.’’ Mr. BONIOR. Mr. Speaker, let us be you are a Fortune 500 company, you That is the President Kennedy, Presi- clear on what the debate is focused on might not have to pay any taxes any- dent Johnson era, 1961–64. this morning. We are talking probably more. This debate today is just a small ‘‘In my opinion,’’ says the Felix about 12 to 24 very, very wealthy Amer- window on that entire contract. Frankfurter Professor of Law Emeritus ican citizens who may choose to give Mr. Speaker, the Republicans may of Harvard Law School, ‘‘in my opin- up their citizenship in order to avoid march in lockstep with NEWT GINGRICH ion, the proposed expatriation tax paying taxes. That is what this is to give tax breaks to the privileged raises serious questions under the Con- about. few, but we Democrats are going to stitution and international law involv- The previous speaker had come to continue to stand up and fight for ing the fundamental right of voluntary the well to shame us about this issue. working middle class families in this expatriation and immigration.’’ We have nothing to be ashamed about. country. Mr. MATSUI. Mr. Speaker, will the The shame rests with trying to com- Therefore, I urge my colleagues, de- gentleman yield? pare these 24 individuals of enormous feat the previous question on this rule. Mr. THOMAS. Mr. Speaker, I would wealth with Jews in Russia trying to We can support the bill when we get to like to finish my statement. Does the emigrate freely to express their views it, but defeat the previous question. gentleman mind if I finish reading the and live a life of independence and Give us a chance to offer an amend- letter? May I have the courtesy of fin- without repression. ment to correct this outrageous abuse ishing the letter, if the gentleman does Mr. Speaker, if we ever wondered how and this outrage loophole in our tax not mind? the Republican Party came to be laws. Let us close this loophole and Mr. MATSUI. Do not yield. known as the party of the privileged make billionaires pay taxes like the Mr. THOMAS. I thank the gentleman few, all you have to do is watch this de- rest of us. very much for allowing me to finish bate this morning. I never thought I Mr. QUILLEN. Mr. Speaker, I yield 4 the letter. would see the day when the Repub- minutes to the gentlewoman from Con- Excuse me. I did not hear the gen- licans would stand up on the floor of necticut [Mrs. JOHNSON]. tleman. I will yield to the gentleman this House and defend the right of bil- Mrs. JOHNSON of Connecticut. Mr. to repeat the statement that he just lionaires to give up their U.S. citizen- Speaker, yesterday we had a very long made. I will yield to the gentleman for ship in order to avoid paying us taxes, debate on term limits. I opposed the the purpose of repeating the statement but that is exactly what they are doing adoption of a constitutional amend- he just made. I yield only for the pur- this morning, instead of standing up ment to limit terms, but I acknowledge pose of repeating the statement he just for fairness. that the interest in that approach made. They are saying ‘‘Let’s study it. Let’s springs from the American people’s What was the statement you just examine it.’’ Instead of standing up for deep-seated belief that somehow this made? working families, the Gingrich Repub- body is out of touch, that what we talk Mr. MATSUI. Pardon me? licans have chosen to stand with the about is not real. It disappoints me Mr. THOMAS. What was the state- very wealthiest in our society. that this debate is becoming an exam- ment that you just made? They have chosen to stand up for ple of exactly that. Mr. MATSUI. That this body should people like John ‘‘Ippy’’ Dorrance III, This debate is not about Gingrich Re- calm down. who made millions in America before publicans defending the wealthiest. Mr. THOMAS. A cop-out on the part running off to the Bahamas to avoid That is the most misleading rhetoric, of the gentleman from California. I will paying taxes. They are the same people for purely political purposes, that I finish the letter. that accepted the protection of this have heard on the floor. The Felix Frankfurter Professor of country, the security that this country This debate is about the following: It Law Emeritus says, ‘‘The proposed tax affords, people who made their money is about the little people of America. It has serious human rights implications off the working men and women of is about the self-employed person. That and is inconsistent with the longstand- America, but instead of paying their person’s deduction for their health in- ing U.S. policies with respect to the fair share in taxes, these billionaires surance, and we know how expensive right of free emigration expressed in are skipping the country, and the Ging- health insurance is, expired, expired in the Jackson-Vanick Amendment to the rich Republicans are standing up here December of 1993. Under the Democrat Trade Act of 1974 and elsewhere. In- today defending their right to do it. majority, we could have prevented deed, this policy was the centerpiece of However, we really should not be sur- that, or we could have reinstated it our effective opposition to the Soviet prised. Two days ago Democrats in- under the Republican majority. Union during the 1970s and the 1980s. If sisted that this loophole for billion- What we are about today is to rein- the United States now adopts this re- aires be closed. We had a vote on it. We state that deduction retroactively, and strictive approach, it will give oppres- offered an amendment. Every Repub- we must do it before April 15 if we want sive foreign governments an excuse to lican, with the exception of five, voted all those little folk out there who es- retain or erect barriers to expatriation against our amendment which would tablish their own businesses and are and immigration.’’ have closed this loophole. We could self-employed to get that deduction. If H 3992 CONGRESSIONAL RECORD — HOUSE March 30, 1995 we do not act today, they will not get our law to prevent people from leaving The argument is made that there is a it, so we want to pass the 30-percent America and getting tax benefits as a human rights issue. I am speechless health insurance deduction for little consequence of citizen renunciation. about it. I do not even know what to people in America, the people who We are able to do both, and I urge say to that argument. There is an count, the people who do think we are Members’ support of a fair rule. America rights issue involved here. not listening for exactly the reason of Mr. FROST. Mr. Speaker, I yield my- There are the rights of all the tax- the quality of the debate today. self 1 minute. payers of our country involved here. That is our No. 1 goal, to assure that Mr. Speaker, I want to make it very All of us represent hard-working peo- by April 15 and the tax filing season, clear what we intend to do. If the pre- ple who go to work every day and pay self-employed people will again be able vious question is defeated, we will pro- their taxes by withholding, and now we to deduct 30 percent of their premiums. pose a rule which would recede and want to say we cannot figure out how They could have done it, remember. concur with the Senate amendment to enforce the tax law on some of the They lost this right in December 1993. with an amendment to reinstate the wealthiest people in the country who We are now into 1995. This could have Senate provision regarding want to stay wealthy by renouncing been done any time over the last year renouncement of citizenship to avoid their citizenship? This is the most in- and a half and it was not done. It is taxes. This will have the effect of credible issue that I have encountered going to be done. I am proud of that. agreeing to the provisions included in since I have been in the House. That is our No. 1 goal. section 5 of the Senate amendment, Mr. Speaker, if we look at Repub- The second goal, the second goal is to which changed the tax treatment of lican tax policy, taking this position is act on an issue that President Clinton U.S. citizens who relinquish their citi- consistent; 51 percent of the tax bill identified. That is those people who are zenship to avoid paying taxes. they hope to bring in the majority next using expatriation to avoid taxes. We This is exactly the same conference week goes to families who earn over agree on that. However, we did not report that was filed yesterday, except $100,000 a year. hold a hearing on this matter until we for this one addition, so we agreed b 1145 saw it was actually going to come for- clearly to go forward with taking care ward. of the deductibility issue for insurance. Eighty percent of the capital gains In that hearing, very significant is- There is no question about that. There cuts go to families that earn over sues were raised by the proponents. $100,000 a year. I do not criticize you is no disagreement on that. The supporters of it say ‘‘If you do not for having that belief. That is a legiti- The only thing we want to do by de- fix certain provisions it will fall very mate belief. I totally disagree with it. feating the previous question is rein- unfairly, not on those 12 to 24 wealthi- But if you believe that it is the right state the Senate provision, making est, but on the little people who came thing to do to invest in the wealthiest sure that people who leave this country from Cuba.’’ For example, a woman people in our society so that it will and renounce their citizenship are sub- comes from Cuba or a family comes trickle down to everybody else over a ject to our tax law. from Cuba fleeing Castro, build from period of time, stand up and argue it, Mr. Speaker, I yield 3 minutes to the nothing, from zero, their own business. be proud of it, but let us collect the gentleman from Missouri [Mr. GEP- Then Cuba becomes free, and they want taxes of this country, even against the HARDT], the Democratic leader. to go back and help. They are going to wealthiest people in this country. be subject to this tax, so it had better (Mr. GEPHARDT asked and was Vote against the previous question. be fair. That is our obligation. given permission to revise and extend Mr. QUILLEN. Mr. Speaker, I yield Even the proponents who testified for his remarks.) myself such time as I may consume. it said ‘‘You have to fix two or three Mr. GEPHARDT. Mr. Speaker, I rise Mr. Speaker, the minority leader had provisions.’’ I said to them ‘‘How do to urge Members to vote against the been on the Committee on Ways and you fix them?’’ They said ‘‘It is com- previous question and to try to change Means for years, but he did not do a plicated. We can do it. We have got this rule to put this provision into this thing about it, and yet he comes up working teams preparing it, but we law. This change on trying to get bet- and preaches tax relief for the wealthy. don’t have the language for you.’’ I ter compliance with our tax laws was Oh, how he cries. said ‘‘How soon can you have it?’’ They suggested by the President earlier this Mr. Speaker, we have just read a said ‘‘Three weeks to about two year. It is the subject of a piece of leg- copy of the substitute rule the minor- months, because it is tough, and we do islation that I presented on request by ity would offer if they manage to de- not know how much agreement in the the President, so we could better en- feat the previous question. Contrary to tax community we are going to be able force our tax laws. what the gentleman from Texas said, to develop.’’ The concern here is one that has been their rule would kill the conference re- We can fix it. We can do exactly what understood for a long time by the port and send the bill back to the Sen- we all agree needs to be done, but we Treasury Department, and that is that ate. This killer rule would kill the abil- must do it right. I was fascinated by a few very, very wealthy individuals ity of the self-employed to file their the minority whip’s comment that are able to renounce citizenship, go off- tax returns on time. Is that not shame- there are 12 to 24 people affected. I shore, and escape the payment of taxes ful? I think it is a disgrace. asked that from the representative of that they owe as a result of being a cit- Mr. Speaker, I yield 3 minutes to my the Treasury specifically. He did not izen of the United States. It is believed friend, the gentleman from Missouri know how many people were affected. that over a period of time this change [Mr. HANCOCK]. He did not know what the impact would pick up $3 billion that we could Mr. HANCOCK. Mr. Speaker, I thank would be. All he could tell me was how use for deficit reduction. the gentleman for yielding the time. many people left, gave up their citizen- The Senate adopted it and it was in Mr. Speaker, we just heard the mi- ship, each year. That is insufficient in- their bill, and as a result of, I suppose, nority leader say stand up and defend formation on which to do this. the majority here voting down our in- the rich people if in fact we believe In the other body, they held no hear- struction, when they went to the con- that they ought to get a break once in ing on this provision at all before they ference, it was taken out. We are sim- a while. I am going to defend them be- acted on it. After they acted on it, they ply ascertaining today that it should cause they are the ones, they are the did hold a hearing. Some of these is- be put back in. ones that have worked hard enough sues were raised. We held at least a How on Earth can we explain to any- and have used the system properly, hearing before we came to the floor, so one that we do not want to take nec- they have employed people, they have we have real information. essary, reasonable steps to see that provided the capital. These are the peo- Mr. Speaker, it is unfortunate to toy super wealthy individuals who are try- ple that create the jobs. I do not think with the interests of all those harding to escape taxation in America are you can go to a pauper and ask him to working Americans who need that de- renouncing their citizenship in order to put you to work. duction, and to pretend that we are not escape that taxation? Why would we What we are talking about on that in agreement. We want to strengthen not want to do that? side of the aisle is we are going to tax March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3993 the rich people out of existence and Mr. FROST. I yield to the gentleman tated by a little light that is being then Government is going to provide from Tennessee. shed. the work. If that is not a socialist con- Mr. QUILLEN. Mr. Speaker, I am Mr. QUILLEN. Mr. Speaker, I yield 30 cept I do not know what is. The issue reading it on the seventh line. It says seconds to the gentleman from Mis- that we are talking about right now, shall be deemed to be rejected. souri [Mr. HANCOCK]. the issue we are talking about right Mr. FROST. That is correct, and it Mr. HANCOCK. Mr. Speaker, we are now does not have anything to do with shall be in order. not saying we advocate anybody re- the fact that there are certain people Mr. QUILLEN. If it is rejected, it nouncing their citizenship. What we that have found possibly a loophole in goes back. are saying is we change the tax law to the law to preserve their assets by giv- Mr. FROST. The gentleman is cor- remove the incentive of renouncing the ing up their citizenship. I do not ap- rect. That is what it says, shall be citizenship so citizens get the same prove of that in any way whatsoever. I deemed to be rejected, and it shall be treatment that people with green cards do approve of changing the law to in order to consider in the House a mo- get if they come to the United States. where there would be no incentive for tion, if offered by Representative GIB- That can be done. That can be done. those people. They should not have any BONS of Florida or his designee to take Mr. FROST. Mr. Speaker, I yield 1 incentive to give up their citizenship. from the Speaker’s table H.R. 831, with minute to the gentleman from Michi- I am going to recommend to the peo- the Senate amendment thereto, and to gan [Mr. LEVIN]. ple that did not attend the hearing last recede and concur in the Senate Mr. LEVIN. Mr. Speaker, I say to the Monday, there was nobody on the gen- amendment with the amendment print- gentleman from Missouri [Mr. HAN- tleman’s side of the aisle that attended ed in section 2 of the resolution. COCK], I do not know where he gets the the hearing where we went into the de- Mr. QUILLEN. Mr. Speaker, if the notion that people who have green tails. They could have asked experts gentleman will yield, does that not cards have a different taxation provi- questions but they were not there. All mean it goes back to the Senate? sion than those who are citizens. of a sudden they show up, and I am Mr. FROST. It goes back to the full Mr. HANCOCK. If the gentleman will going to recommend they read a book Senate for another vote, that is cor- yield, when it comes to taking their as- called ‘‘The Good and Evil of Tax- rect. That is exactly what it means. sets when they go back to their country, they would not be subject to what ation.’’ Mr. QUILLEN. So it delays the tax the American citizens would be. Throughout history, people have discredit for the April 15 filing. Mr. LEVIN. Here is the point. While appeared from the taxing authority Mr. FROST. The Senate has not they are here, they pay taxes on them. where they felt they were oppressed voted on the conference report yet. The And here is the question. No one is say- and that that taxing authority was Senate is going to have to vote any- ing do not build up wealth. Build it up. confiscating their assets. way, so we are just giving them an op- I am in favor of it. Let me ask this question: Why should portunity to vote on something that Here is the issue. Should someone be a citizen of a foreign country be able to makes some sense. able to renounce their citizenship to come into this country, work on a There is a lot of dust on the other avoid paying taxes on the realization of green card and leave with his assets side. They are very nervous. It is obvi- gains from that wealth? It is a question where an American citizen cannot? I do ous they are having to defend some- not of building wealth, but of paying not approve of it. I think that we defi- thing that is almost indefensible. fair taxes. nitely need to address the law. But I Let us talk about what is really I will put it this way. You have two am sick and tired of that side of the going on here. We are talking about people who have made the same aisle talking about the people, the basic patriotism on the part of Ameri- amount of money; one stays a citizen principle that people should not have cans and basic fairness. and one avoids it by renouncing it. the opportunity to get wealthy. You Let me give a little personal history, Why should the person of the same stand up and you criticize the wealthy and I know the gentleman from Ten- wealth who renounced his citizenship people. Where are the jobs going to nessee [Mr. QUILLEN] has a comparable pay less taxes than the American who come from? I would be considered personal history. My great grandfather stays here, who stays a citizen and who wealthy today. Forty years ago I had a came to this country from Lithuania continues to work here? That is the wife and two kids and the mortgage on on a very dangerous ship, almost died issue. a Studebaker Lark, and I worked my on that trip, came here, was a peddler Mr. HANCOCK. The gentleman is ex- fanny off, and I have employed people. with a pack on his back, worked a ter- actly right and we agree on that. And if we continue the tax law that ritory in Texas, got enough capital to Mr. LEVIN. Then vote with us. you all are advocating there will not be start a little store on the town square Mr. HANCOCK. If the gentleman will anybody with any opportunity to be- in a small town, made a little money. yield, the question is, should it be done come wealthy. He would never have renounced his in the tax law or should it be done Tax them out of existence and then American citizenship. No one in my here? This is not the vehicle. see how good your social welfare pro- family, no matter how much money Mr. QUILLEN. Mr. Speaker, I yield 2 grams are. Where is the money going they made, would ever have renounced minutes to the gentleman from Indiana to come from? Get rid of the rich peo- their American citizenship to get a tax [Mr. BURTON]. ple, get rid of them, just put them out break. Mr. BURTON of Indiana. Mr. Speak- of business, and then try to operate That is incredible, that this side is er, let me just say I think that the mi- this country. trying to defend renouncing your nority has a point and this will be cor- Mr. FROST. Mr. Speaker, I yield my- American citizenship so you can get a rected, I believe, in the tax law before self 4 minutes. tax break. this session is over. That is my view. Mr. Speaker, I say to the gentleman Let me give another personal exam- But let me just say that we are not from Tennessee [Mr. QUILLEN], I have a ple. My wife was born in Panama of nervous. We are in the majority for the copy of the amendment to the rule that American parents who worked at the first time in 40 years and we are not we propose to offer in front of me and Canal Zone. She had dual citizenship nervous. What I think the Democrats it does not send this matter back to until she turned 18. She renounced her are nervous about is that they really the conference committee. What it Panamanian citizenship. She would do not have any program as an alter- does is simply amend what is before us never have renounced her American native to the Contract With America. and send it back to the full Senate for citizenship. This is absolutely extraor- I have heard all this day this class another vote, it does not send it back dinary that they stand here and defend warfare theology that you espouse all to the conference committee, it sends the right of wealthy people to renounce the time, and that is that the rich are it back to the Senate for another vote their American citizenship to save dol- going to get richer and the poor are on their original provision. lars. It makes no sense whatsoever. going to get poorer because of the dis- Mr. QUILLEN. Mr. Speaker, will the And no wonder they are so nervous on parity in our tax proposals. Let me gentleman yield? that side, no wonder they are so agi- point out a couple of things. We have a H 3994 CONGRESSIONAL RECORD — HOUSE March 30, 1995 deficit; we have to deal with it; and are ate provision before the House, and let Brownback Hancock Oxley Bryant (TN) Hansen Packard going to try to cut spending to deal us take care of this problem. Let us Bunn Hastert Paxon with that. But in addition, we have to close this loophole. Bunning Hastings (WA) Petri bring more revenue to the Treasury. Vote against the previous question. Burr Hayworth Pombo How do you do that without a tax in- Mr. Speaker, I have no further re- Burton Hefley Porter Buyer Heineman Portman crease? quests for time, and I yield back the Callahan Herger Pryce John F. Kennedy, when he was Presi- balance of my time. Calvert Hilleary Quillen dent, proposed and got passed through Mr. QUILLEN. Mr. Speaker, I yield 15 Camp Hobson Quinn the Democratic Congress a capital Canady Hoekstra Radanovich seconds to the gentleman from Mis- Castle Hoke Ramstad gains tax cut. This is John F. Kennedy. souri [Mr. HANCOCK]. Chabot Horn Regula And you know what happened after Mr. HANCOCK. Mr. Speaker, you Chambliss Hostettler Riggs they cut the capital gains, the tax rev- know, the next step, I expect to hear Chenoweth Houghton Roberts Christensen Hunter Rogers enues went up because of the tax cut. form the minority party, is that when Chrysler Hutchinson Rohrabacher We had another capital gains tax cut a citizen of New York decides to go to Clinger Hyde Ros-Lehtinen during the Ronald Reagan years. You Florida because of the difference in the Coble Inglis Royce know what happened? Tax revenues Coburn Istook Salmon tax structure to save on his taxes, he is Collins (GA) Johnson (CT) Sanford went up over 30 percent, and because going to have to pay an exit tax from Combest Johnson, Sam Saxton we stimulate growth by a capital gains the State of New York to go down to Cooley Jones Scarborough tax we are advocating, if you use a dy- Florida. Cox Kasich Schaefer namic model, it will increase tax reve- Crane Kelly Schiff The free flow of capital is essential to Crapo Kim Seastrand nues and help reduce the deficit. So let our system. Cremeans King Sensenbrenner us cut this class warfare stuff. Mr. QUILLEN. Mr. Speaker, I yield Cubin Kingston Shadegg If we cut capital gains, regardless of myself such time as I may consume. Cunningham Klug Shaw who gets a benefit, the low income, Davis Knollenberg Shays Mr. Speaker, I have heard all the col- DeLay Kolbe Shuster middle income, or high income, it is loquy. I did not hear any of it in the Diaz-Balart LaHood Skeen going to stimulate more capital invest- Committee on Rules. Dickey Largent Smith (MI) ment, $2 to $3 trillion in new capital in- Doolittle Latham Smith (NJ) The gentleman from Texas was there. Dornan LaTourette Smith (TX) vestment once assets are sold and recy- It passed unanimously, and somehow Dreier Lazio Smith (WA) cled, and it is going to create economic the basket was opened and all of the Dunn Leach Solomon growth and more tax revenues. So let chatter came out and has been exem- Ehlers Lewis (CA) Souder us cut the baloney about tax warfare. Ehrlich Lewis (KY) Spence plified on the floor of the House. Emerson Lightfoot Stearns It just will not wash with the Amer- We all know that if this conference English Linder Stockman ican people. report is referred to the Senate that it Ensign Livingston Stump Everett LoBiondo Talent Mr. FROST. Mr. Speaker, how much is a round robin event, that we have to time is remaining on each side? Ewing Longley Tate consider it again. Fawell Lucas Taylor (NC) The SPEAKER pro tempore. The gen- April 15 is the filing date. Fields (TX) Manzullo Thomas tleman from Texas [Mr. FROST] has 3 I urge that the previous question be Flanagan Martini Thornberry minutes remaining, and the gentleman Foley McCollum Tiahrt ordered. I think that it should be or- Forbes McCrery Torkildsen from Tennessee [Mr. QUILLEN] has 11⁄2 dered. Fowler McDade Upton minutes remaining. I think we should go forward with Fox McHugh Vucanovich Mr. FROST. Mr. Speaker, to close de- Franks (CT) McInnis Waldholtz this conference report. bate, I yield myself such time as I may Franks (NJ) McIntosh Walker Mr. Speaker, I have no further re- Frelinghuysen McKeon Walsh consume. I do not intend to use all of quests for time, I yield back the bal- Frisa Metcalf Wamp the time. ance of my time, and I move the pre- Funderburk Meyers Watts (OK) Mr. Speaker, it is very clear what is Gallegly Mica Weldon (FL) vious question on the resolution. going on here. The other side wants to Ganske Miller (FL) Weldon (PA) The SPEAKER pro tempore (Mr. Gekas Molinari Weller talk about anything else other than GOODLATTE). The question is on order- Gilchrest Moorhead White what is at issue here. They want to Gillmor Morella Whitfield ing the previous question. talk about capital gains, they want to Gilman Myers Wicker The question was taken; and the Goodlatte Myrick Wolf talk about other issues, they want to Goodling Nethercutt Young (AK) talk about the rights of citizens. They Speaker pro tempore announced that the ayes appeared to have it. Goss Neumann Young (FL) want to talk about green cards. They Graham Ney Zeliff do not want to talk about what is real- Mr. FROST. Mr. Speaker, I object to Greenwood Norwood Zimmer ly going on here, the fact that they are the vote on the ground that a quorum Gutknecht Nussle trying to protect one dozen, two dozen is not present and make the point of NAYS—201 order that a quorum is not present. people who are renouncing their citi- Abercrombie Condit Flake zenship to avoid taxes. The SPEAKER pro tempore. Evi- Ackerman Conyers Foglietta dently a quorum is not present. Andrews Costello Ford b 1200 The Sergeant at Arms will notify ab- Baesler Coyne Frank (MA) Baldacci Cramer Frost These people are no longer citizens. sent Members. Barcia Danner Furse Why should we treat them with kid Pursuant to the provisions of clause 5 Barrett (WI) de la Garza Gejdenson gloves when they renounce their citi- of rule XV, the Chair announces that Becerra Deal Gephardt he will reduce to a minimum of 5 min- Beilenson DeFazio Geren zenship? Why should we say give them Bentsen DeLauro Gonzalez special privileges when they walk away utes the period of time within which a Berman Dellums Gordon from this country and say they do not vote by electronic device, if ordered, Bevill Deutsch Green will be taken on the question of adop- Bishop Dicks Gutierrez want to be a citizen of this country Bonior Dingell Hall (OH) anymore even through it is the laws of tion of the rule. Borski Dixon Hall (TX) this country that have permitted them The vote was taken by electronic de- Boucher Doggett Hamilton to amass the fortune that they have vice, and there were—yeas 224, nays Brewster Dooley Harman 201, not voting 9, as follows: Browder Doyle Hastings (FL) made and they now want to pick up Brown (CA) Duncan Hayes and walk out the door with it? [Roll No. 278] Brown (OH) Durbin Hefner Mr. Speaker, this is very clear. This Bryant (TX) Edwards Hilliard YEAS—224 Cardin Engel Hinchey is, as the minority leader commented, Archer Barrett (NE) Bilirakis Chapman Eshoo Holden probably the most outrageous thing Armey Bartlett Bliley Clayton Evans Hoyer that I have seen since I have been here Bachus Barton Blute Clement Farr Jackson-Lee in Congress. Baker (CA) Bass Boehlert Clyburn Fattah Jacobs Baker (LA) Bateman Boehner Coleman Fazio Jefferson Reject this rule. Reject the previous Ballenger Bereuter Bonilla Collins (IL) Fields (LA) Johnson (SD) question. Let up put the original Sen- Barr Bilbray Bono Collins (MI) Filner Johnson, E. B. March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3995 Johnston Mollohan Scott Dunn Kingston Rogers Mink Richardson Thurman Kanjorski Montgomery Serrano Ehlers Klug Rohrabacher Mollohan Rivers Torres Kaptur Moran Sisisky Ehrlich Knollenberg Ros-Lehtinen Moran Roemer Torricelli Kennedy (MA) Murtha Skaggs Emerson Kolbe Rose Murtha Roybal-Allard Towns Kennedy (RI) Nadler Skelton English LaHood Roth Nadler Rush Traficant Kennelly Neal Slaughter Ensign Largent Roukema Neal Sabo Tucker Kildee Oberstar Spratt Everett Latham Royce Oberstar Sanders Velazquez Kleczka Obey Stark Ewing LaTourette Salmon Obey Sawyer Vento Klink Olver Stenholm Fawell Laughlin Sanford Olver Schroeder Visclosky LaFalce Ortiz Stokes Fields (TX) Lazio Saxton Ortiz Schumer Volkmer Lantos Orton Studds Flanagan Leach Scarborough Orton Scott Ward Laughlin Owens Tanner Foley Lewis (CA) Schaefer Owens Skaggs Waters Levin Pallone Tauzin Fowler Lewis (KY) Schiff Pallone Slaughter Watt (NC) Lewis (GA) Parker Taylor (MS) Fox Lightfoot Seastrand Pastor Spratt Waxman Lincoln Pastor Tejeda Franks (CT) Linder Sensenbrenner Payne (NJ) Stark Williams Lipinski Payne (NJ) Thompson Franks (NJ) Livingston Shadegg Payne (VA) Stenholm Wilson Lofgren Payne (VA) Thornton Frelinghuysen LoBiondo Shaw Pelosi Stokes Wise Lowey Pelosi Thurman Frisa Longley Shays Peterson (FL) Studds Woolsey Luther Peterson (FL) Torres Funderburk Lucas Shuster Pickett Tanner Wyden Maloney Peterson (MN) Torricelli Gallegly Manzullo Sisisky Poshard Taylor (MS) Wynn Manton Pickett Towns Ganske Martini Skeen Rahall Tejeda Yates Markey Poshard Traficant Gekas McCollum Skelton Rangel Thompson Martinez Rahall Tucker Geren McCrery Smith (MI) Reed Thornton Mascara Rangel Velazquez Gilchrest McDade Smith (NJ) Matsui Reed Vento Gillmor McHugh Smith (TX) NOT VOTING—12 McCarthy Richardson Visclosky Gilman McInnis Smith (WA) Brown (FL) Gibbons Pomeroy McDermott Rivers Volkmer Goodlatte McIntosh Solomon Chenoweth Gunderson Reynolds McHale Roemer Ward Goodling McKeon Souder Dicks Hyde Serrano McKinney Rose Waters Goss Metcalf Spence Forbes Moakley Stupak McNulty Roth Watt (NC) Graham Meyers Stearns Meehan Roukema Waxman Greenwood Mica Stockman b 1229 Meek Roybal-Allard Williams Gutknecht Miller (FL) Stump Menendez Rush Wilson Hall (TX) Molinari Talent The Clerk announced the following Mfume Sabo Wise Hancock Montgomery Tate pair: Miller (CA) Sanders Woolsey Hansen Moorhead Tauzin Mineta Sawyer Wyden Hastert Morella Taylor (NC) On this vote: Minge Schroeder Wynn Hastings (WA) Myers Thomas Mr. Forbes for, with Mr. Moakley against. Mink Schumer Yates Hayes Myrick Thornberry Hayworth Nethercutt Tiahrt So the resolution was agreed to. NOT VOTING—9 Hefley Neumann Torkildsen The result of the vote was announced Allard Gibbons Pomeroy Heineman Ney Upton as above recorded. Brown (FL) Gunderson Reynolds Herger Norwood Vucanovich A motion to reconsider was laid on Clay Moakley Stupak Hilleary Nussle Waldholtz Hobson Oxley Walker the table. b 1220 Hoekstra Packard Walsh f Hoke Parker Wamp Mr. BRYANT of Texas and Mr. CON- Horn Paxon Watts (OK) YERS changed their vote from ‘‘yea’’ Hostettler Peterson (MN) Weldon (FL) REQUEST FOR PERMISSION FOR to ‘‘nay.’’ Houghton Petri Weldon (PA) COMMITTEE ON SCIENCE TO Hunter Pombo Weller So the previous question was ordered. FILE REPORT ON H.R. 655, THE Hutchinson Porter White HYDROGEN FUTURE ACT OF 1995 The result of the vote was announced Inglis Portman Whitfield as above recorded. Istook Pryce Wicker Mr. WALKER. Mr. Speaker, I ask Johnson (CT) Quillen Wolf unanimous consent that the Commit- The SPEAKER pro tempore. (Mr. Johnson, Sam Quinn Young (AK) GOODLATTE). The question is on the Jones Radanovich Young (FL) tee on Science have until 5 p.m., Thurs- resolution. Kasich Ramstad Zeliff day, March 30, 1995, to file a late report The question was taken; and the Kelly Regula Zimmer on H.R. 655, The Hydrogen Future Act Kim Riggs Speaker pro tempore announced that King Roberts of 1995. the ayes appeared to have it. Mr. Speaker, this has been checked RECORDED VOTE NOES—178 with the minority; it is all right with Mr. FROST. Mr. Speaker, I demand a Abercrombie Dooley Johnson, E. B. them. Ackerman Doyle Johnston The SPEAKER pro tempore (Mr. recorded vote. Andrews Durbin Kanjorski A recorded vote was ordered. Baldacci Edwards Kaptur GOODLATTE). Is there objection to the The SPEAKER pro tempore. Mem- Barcia Engel Kennedy (MA) request of the gentleman from Penn- bers are reminded that this is a 5- Barrett (WI) Eshoo Kennedy (RI) sylvania? Becerra Evans Kennelly Mr. MATSUI. Reserving the right to minute vote. Beilenson Farr Kildee The vote was taken by electronic de- Bentsen Fattah Kleczka object, Mr. Speaker, this has appar- vice, and there were—ayes 244, noes 178, Berman Fazio Klink ently not been cleared. Will the gen- Bishop Fields (LA) LaFalce not voting 12, as follows: tleman be kind enough to withdraw Bonior Filner Lantos this until minority staff members have [Roll No. 279] Borski Flake Levin Boucher Foglietta Lewis (GA) an opportunity to review it? AYES—244 Brown (CA) Ford Lincoln Mr. WALKER. Mr. Speaker, will the Allard Bonilla Coburn Brown (OH) Frank (MA) Lipinski gentleman yield? Archer Bono Collins (GA) Bryant (TX) Frost Lofgren Armey Brewster Combest Cardin Furse Lowey Mr. MATSU. I yield to the gentleman Bachus Browder Condit Chapman Gejdenson Luther from Pennsylvania. Baesler Brownback Cooley Clay Gephardt Maloney Mr. WALKER. Mr. Speaker, I am Baker (CA) Bryant (TN) Cox Clayton Gonzalez Manton Baker (LA) Bunn Cramer Clement Gordon Markey happy to do that. I had just talked to Ballenger Bunning Crane Clyburn Green Martinez the staff on our side, and it was cleared Barr Burr Crapo Coleman Gutierrez Mascara by the committee. Barrett (NE) Burton Cremeans Collins (IL) Hall (OH) Matsui Mr. MATSUI. Apparently our staff is Bartlett Buyer Cubin Collins (MI) Hamilton McCarthy Barton Callahan Cunningham Conyers Harman McDermott currently trying to reach the gentle- Bass Calvert Danner Costello Hastings (FL) McHale man’s side to further discuss it. I do Bateman Camp Davis Coyne Hefner McKinney not believe there is a problem, but at Bereuter Canady Deal de la Garza Hilliard McNulty Bevill Castle DeLay DeFazio Hinchey Meehan least we need to review it. I say to the Bilbray Chabot Diaz-Balart DeLauro Holden Meek gentleman, ‘‘You have to excuse us.’’ Bilirakis Chambliss Dickey Dellums Hoyer Menendez Mr. WALKER. Mr. Speaker, I with- Bliley Christensen Doolittle Deutsch Jackson-Lee Mfume draw my request. Blute Chrysler Dornan Dingell Jacobs Miller (CA) Boehlert Clinger Dreier Dixon Jefferson Mineta The SPEAKER pro tempore. The gen- Boehner Coble Duncan Doggett Johnson (SD) Minge tleman’s request is withdrawn. H 3996 CONGRESSIONAL RECORD — HOUSE March 30, 1995 CONFERENCE REPORT ON H.R. 831, The bill’s other offset for the cost of own and participate in radio, tele- PERMANENT EXTENSION OF THE the permanent 30-percent health insur- vision, and cable television. It seemed HEALTH INSURANCE DEDUCTION ance deduction for the self-employed is to me that, if there was one case which FOR THE SELF-EMPLOYED a modification of a proposal in the was used as a target, and the Viacom Mr. ARCHER. Mr. Speaker, I call up Clinton administration fiscal year 1996 sale transaction and deal was one, that the conference report on the bill (H.R. budget to deny the Earned Income Tax the committee should have had hear- 831) to amend the Internal Revenue Credit [EITC] to persons with more ings, that the full committee should Code of 1986 to permanently extend the than $2,500 of taxable interest and divi- have found out exactly what went deduction for the health insurance dend income. The conference agree- wrong and that we should have cor- costs of self-employed individuals, to ment provides that individuals with rected it, as we do with so many other areas that we find in the Tax Code, and repeal the provision permitting non- more than $2,350 of investment income, including interest, dividends and net we should not have found a need to recognition of gain on sales and ex- income from rents and royalties would retroactively go on after one deal, and changes effectuating policies of the not be eligible for the EITC. We agree certainly, if we did not do that, then Federal Communications Commissions, with the Administration’s view that there is absolutely no reason to see and for other purposes. the EITC should be targeted to families why we wiped out the entire program The Clerk read the title of the bill. with the greatest need. without hearings instead of trying to The SPEAKER pro tempore. Pursu- The conference agreement also in- find out how we could have improved ant to the rule, the conference report is cludes a provision directing the Joint it. considered as having been read. Committee on Taxation to conduct a As has been said many times on the (For conference report and state- study of issues contained in a dropped floor, that when we went into con- ment, see Proceedings of the House Senate provision dealing with the tax- ference we had the opportunity to dis- Wednesday, March 29, 1995, at page ation of individuals who give up their cuss and to push for abolishing another H3909.) U.S. citizenship. loophole that only the richest of Amer- The SPEAKER pro tempore. The gen- Chairman PACKWOOD and I issued a icans have been able to find, and we tleman from Texas [Mr. ARCHER] will joint statement yesterday which said just could not find the guts and the be recognized for 30 minutes, and the that if—following the Joint Committee courage to grab this and to close it. gentleman from New York [Mr. RAN- study—the committees decide to pur- Some of the proponents of leaving this GEL] will be recognized for 30 minutes. sue legislation, the effective date of alone at this time have said that to The Chair recognizes the gentleman such legislation might be as early as deny an American citizen who has from Texas [Mr. ARCHER]. February 6, the date the President pro- gained wealth the opportunity to re- Mr. ARCHER. Mr. Speaker, I yield posed similar legislation in his fiscal nounce that citizenship and not to pay myself such time as I may consume. year 1996 budget. taxes would somehow violate civil Mr. Speaker, H.R. 831 represents a In closing, let me reiterate, not only rights. I think I heard someone saying model of how quickly the Congress can does H.R. 831 provide for a permanent that we have a lot of Cuban-Americans act when important interests are at 30-percent deduction for the health in- that have come here and become mil- stake. I salute our Senate colleagues surance costs of the self-employed, but lionaires, may one day want to return for their expeditious consideration of it also makes several other needed to Cuba, and they will be denied that. this legislation and for the improve- changes to our Tax Code. I urge my There may be a lot of reasons why peo- ments they made in it in the process. colleagues’ support for this important ple would not want to close the loop- The House-passed version of H.R. 831 legislation. hole that allows Americans that have would have retroactively restored the Mr. Speaker, I reserve the balance of enjoyed all of the freedoms of a free deduction for 25 percent of the health my time. market system, all of the education, insurance costs of the self-employed Mr. RANGEL. Mr. Speaker, I yield and input and training of the American and made the deduction permanent. myself such time as I may consume. work force, all of the benefits of having The Senate amendment increased the Mr. Speaker, I rise in support of the one of the lowest tax rates in indus- permanent deduction to 30 percent be- conference report. I agree with the trial countries, there may be reasons ginning this year. The conference chairman that providing this incentive why we do not want to look at this and agreement follows the Senate amend- for self-employees, millions of people to close this loophole. ment by providing for a permanent 30- who we want to make certain that they But I know one thing, that the Amer- percent deduction for the self- have adequate health insurance, is very ican people, no matter what com- employed’s health insurance costs—a important, the Congress has promised plaints they have, there is one thing level upon which the House Ways and it, and the Congress is now fulfilling that we value more than anything else Means Committee hopes to build even that promise. We do regret that, while in life, and that is being an American. further later this year. we have taken care of the employers, We may have our disputes politically, As a result of our quick action on that we did not see fit to take care of we may have our differences as groups H.R. 831, millions of self-employed indi- the employees who do not have health and cultures, we even may have our viduals will be able to avoid the time insurance. Yes, we had to pay for this, difference as it relates to economic and expense of having to file amended and it seemed to us that, as relates to classes, but money has never been a 1994 tax returns. In addition, the cost the earned income tax credit, as given reason why any American would think of the deduction’s permanent extension to us by the President, that we could that they would renounce the most is fully funded by several provisions have and should have indexed such in- precious gift that we have, and that is which will greatly improve our Na- come allowing the poor of the working our citizenship. I would hope that one tion’s tax laws. people to be able to receive the day we will just publish the names of First, H.R. 831 repeals Internal Reve- amounts of income from interest and people that America has given so much nue Code section 1071, under which the dividends and still qualify for the to and that they care so little about Federal Communications Commission earned income tax credit. We do be- that citizenship that they would flee in grants certificates deferring tax on the lieve that such income should have order to avoid taxes. sale or exchange of broadcast facilities. been indexed, and we have the assur- Having said that, we cannot hold When this provision was enacted in ances of the Chair and colleagues in these people hostage, as we have held 1943, Congress intended it to apply to the Senate that this would be revisited. those that have been involved in the involuntary divestitures of radio prop- Also I am greatly disappointed that FCC hostage, and it is abundantly clear erties that were sold to comply with in the rush to fund this well-deserved that our major obligation and the rea- new FCC rules prohibiting multiple tax deduction that a Federal Commu- son for the legislation in the first place ownership of radio stations in the same nication Commission minority pref- was not to raise revenue, but to give market. erence section 1071 was used as a vehi- assistance to self-employers who need This rationale no longer applies and cle to wipe out any incentives that this incentive in order to be able to de- repeal of section 1071 is long overdue. could be there so that minorities would duct the expenses of health insurance March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3997 and also in recognizing that we are Mr. Speaker, Republicans know that in- tion, tax debt, of that citizen who is working within a very short timeframe creasingly it is small business and self-em- foregoing their citizenship, they have as to time to file income tax returns ployed workers who are driving the American solved this problem in ways that are are upon us. economic engine. It is in our Nation's best in- fair and equitable. We can do that, too. Mr. Speaker, I reserve the balance of terest to help them, and passing this con- For example, we had testimony in my time. ference report is the least that we can do for the hearing that it would be grossly Mr. ARCHER. Mr. Speaker, I yield them. unfair to force people to pay taxes on such time as he may consume to the Frankly, I view passage of this bill as just the underlying value of a trust when gentleman from Kentucky [Mr. the first step in the process. Other businesses they had no power to either sell their BUNNING]. get to deduct 100 percent of their employees' interest in that trust or relinquish (Mr. BUNNING of Kentucky asked health insurance costs, and I do not see any their interest in that trust. By impos- and was given permission to revise and reason why the self-employed should be treating a tax on people that they literally extend his remarks.) ed any differently. cannot pay, we have the effect through Mr. BUNNING of Kentucky. Mr. Speaker, I I look forward to the day when the Congress that of imposing an exit tax because we rise in the strongest support of this conference will level the playing field and pass legislation require people to pay money that they report. It is about time Congress finally got this to fully deduct this cost just like every other literally have no way of coming up done. American business. with. Ever since the provision in the Tax Code The conference report deserves the support Let me read to my colleagues from that allows the self-employed to deduct 25 of this House, Mr. Speaker. It is about time the testimony of Rabbi Jack Moline be- percent of their health insurance costs lapsed that Congress got something right and I urge cause it shows, when tax policy be- my colleagues to vote for the measure before at the end of 1993, these people and their comes irrational when it imposes a us today. families have been in limbo. They did not burden on people that there is abso- Mr. ARCHER. Mr. Speaker, I yield know if Congress was going to ever get lutely no way that they can assume, we 41⁄2 minutes to the gentlewoman from around to addressing the problem or was just do create a human rights violation be- Connecticut [Mrs. JOHNSON], chairman cause we, through that tax burden, pro- going to leave them to slowly twist in the wind of the Subcommittee on Oversight of for a little while longer. hibit them from exercising their right the Committee on Ways and Means. to leave the country. Well, for once, Congress has done the right Mrs. JOHNSON of Connecticut. Mr. thing. Speaker, I think it should be made b 1245 This bill not only extends the 25 percent de- clear that there is no other nation in Rabbi Jack Moline: duction for 1994, it raises this level to 30 per- the world that imposes a tax such as I respectfully ask the Members of the cent deductibility for 1995 and beyond. Best of that contained in the Senate bill and all, this extension is permanent. House of Representatives to reject the tax on supported by my Democrat colleagues citizens who choose to renounce their United No excuses, no temporary extensions, no as part of the motion to recommit, States citizenship. gimmicks. Just a simple permanent extension. and, when a nation makes the decision I have spent many years struggling with Period. to oppose a unique and extraordinarily foreign governments on behalf of Jews wish- And, for good measure, there is even $10 broadly burdensome tax, even if it is on ing to leave oppressive societies for the free- million left over from the financing mechanism a small group, it sends a message to all dom afforded by our country and others. I for this bill for the next 5 years. Over 10 years, those choosing to invest that investing traveled to the Soviet Union in 1978 for the this figure rises to almost $1 billion. This is purposes of meeting Jews who wanted to in America could be hazardous to their emigrate, but were denied that opportunity just a drop in the budget deficit bucket, but interests. on the basis of legal technicalities and, most every little bit helps. Now let me just go into this a little onerously, excessive taxes placed on their re- I am also, pleased, Mr. Speaker, that in this bit more because I think it is impor- quest to emigrate. Their stories were heart- conference report we were able to repeal the tant that we operate from the facts, breaking; indeed, many members of this FCC Minority Tax Certificate Program. This is and I think it will be clear that this is committee remember well their own advo- one of the few sections in our Tax Code that not about idea. It simply needs to be cacy on behalf of refuseniks. conditions tax benefits according to race, and done in a very much more specific, tar- Outrageous exit taxes that a person he sooner that we can get rid of all of them geted and well written manner. has no way of generating the resources the better. This is a step on the road toward There are only two countries that to pay have traditionally been a way of a neutral, colorblind Tax Code and Mr. AR- impose an exit tax. One is Canada and denying people the right to emigrate. CHER, the chairman of the Ways and Means one is Australia. Australia imposes a Now, I have absolutely no opposition to Committee, deserves our commendation for tax only on those assets that are non- and I fully support going after the 12 his determination to strip the FCC certificate Australian. No security is required. We and 24 people that are manipulating provision out of the Code. I am proud to serve are going to impose a tax on absolutely this in a way that they renounce their on his committee. everything, assets, world income and citizenship, get the benefits, but then Mr. Speaker, I also feel constrained to point assets worldwide, and not only are we stay in the country and do their busi- out that we were only able to pass this need- going to require them to pay up, but, if ness. ed legislation after the electoral earthquake of they do not, if they take the deferral And we will be able to amend this last November made this Congress a Repub- plan, we are going to charge them in- bill, given the work of those interested lican one. terest compounded daily. We are going in it and their willingness to report All during 1994, we heard all sorts of hem- to charge them interest on their obli- back to us on how we do that, but we ming and hawing from the Democratic leader- gation whether or not they have any cannot amend it in time to provide the ship about how they wanted to help the self- way of selling their property and real- right for self-employed people to de- employed and how unfair it was that this de- izing the resources that they would duct their health care premiums. In duction had expired. need to pay their tax. other words, we cannot do this in the But, when push came to shove, the Demo- There is simply no precedent for this time frame, in the time we have left crats did not deliver for the self-employed. We in any other country. In Canada, for in- before April 15th. heard all sorts of rhetoric about how we had stance, they are allowed to defer their So I assure you that I think the goal to pass radical health care reform, and how tax. They must provide some security, of the President’s proposal is a proper this would help the self-employed an every- but they do not have to pay any inter- one. This is not a good bill. It will im- body else as well. est, and furthermore, they are only pose onerous taxes. It is an exit tax. It But, when the Clinton health care proposal taxed on the accrued gain on any asset will create human rights violations. collapsed and the Democrats in Congress re- when the asset is sold. And no other Nation in the entire fused to pass anything at all, the self-em- So, other countries looking at the world imposes this kind of tax. ployed got left out in the cold. same issue of people giving up their Mr. Speaker, I reserve the balance of They were taken hostage during the health citizenship who leave the country, the my time. care reform debate, and after the debate fiz- citizens of that country wanting to be Mr. RANGEL. Mr. Speaker, I yield zled their interests were simply left for dead. able to gain the legitimate tax obliga- myself such time as I may consume. H 3998 CONGRESSIONAL RECORD — HOUSE March 30, 1995 It should be noted that the class of Reagan in the mid-1980’s, said that he that brought up the issue that this people that we are talking about al- was working on this issue because he would function as an exit tax. And, in ready have an exemption, for a single knew that it was going to be a problem fact, CBO’s estimates are not based on person, of $5 million of their accumu- in the future because a lot of tax attor- how much money they think anyone lated assets and $10 million for a mar- neys, New York and elsewhere, were will pay as a result of this tax. The es- ried couple. finding the opportunity now to find a timates are based on keeping those Mr. Speaker, I yield 5 minutes to the way to avoid taxation. people here and the assumption that gentleman from California [Mr. MAT- This is a recent phenomena over the they will therefore continue to pay SUI, a hard-working member of the last 6 or 7 years. That is why we have taxes as American citizens. Committee on Ways and Means. not done it in the past. But Steve Shay So if you do not think that every- Mr. MATSUI. Mr. Speaker, I would brought this to the attention of a lot of body is seeing this as a way of prevent- like to thank the distinguished gen- people. ing people from leaving, frankly, the tleman from New York for this time. Forbes Magazine last year wrote a testimony was all in support of this is You know, I am still a little puzzled major piece on the number of people an exit tax. Even the administration’s because I do not know how we are re- that are taking advantage of this. estimates are based on that assump- lating this issue to the issue of the So- Forbes Magazine is not a liberal maga- tion. viet Jews emigrating out of the Soviet zine. It is a very, very business-ori- Mr. Speaker, I yield 2 minutes to the Union during the 1970’s. We are talking ented magazine. They said, this is out- gentlewoman from Kansas [Mrs. MEY- about, as Mr. RANGEL said, people that rageous; they are taking advantage of ERS]. make or have assets in excess of $5 to the Tax Code. (Mrs. MEYERS of Kansas asked and $10 million. In fact, before this even I might also point out, and I am was given permission to revise and ex- kicks in, one has to have at least $1.2 going to do this again because people tend her remarks.) million worth of capital gains. And so really have to understand this, I re- Mrs. MEYERS of Kansas. Mr. Speak- I do not know how we are talking. ceived talking points from New York er, I rise today as chairman of the It is somewhat outrageous because lawyers who refused to tell me who Committee on Small Business in strong here we are talking about Soviet Jews they are representing. By the way, support of this issue. I rise in support who are being denied the right to leave they refused to tell me who they are of the conference report to H.R. 831 the Soviet Union during the height of representing. New York lawyers who which will retroactively restore the de- the cold war. And we are talking about said these are talking points. They ductibility of health insurance costs 25 families, like the Dart family, the gave me seven talking points to use to for self-employed individuals at 25 per- Campbell Soup family, who do not go support dropping this provision from cent and make that deduction perma- to a country where there is more free- the conference. And he says, this will nent at 30 percent. I thank the Com- dom than the United States. They go destroy Jackson-Vanik. He said that mittee on Ways and Means very much to the Bahamas because they want to this is a human rights issue. These are for having done this in a timely fash- avoid taxes. the seven points on this document. ion. So I do not know how we can possibly And then he had the nerve when I There is evidence that the 25-percent equate this. It is just not a rational turned the page to talk about Soviet deduction allows hundreds of thou- discussion. citizenship, equating this provision sands of business owners to purchase I might also further say, you know, with Soviet citizenship. I just have to health insurance, those who otherwise we do have to get this issue of the self- say that that is kind of overstepping a would not be able to afford it. Accord- employed deduction on health insur- bound. There is an issue of patriotism. ing to a 1993 National Association for ance done. We should have done that Anybody that compares the United the Self-Employed study, without at earlier this year, but we are doing it States with the former Soviet Union, least the 25-percent deduction, the un- now. But I would suggest what we that to me is outrageous. And any insured population in this country should do is work today, tonight, Fri- thought of that in this country on the would increase by 412,000 people. So day. We are off Friday. We are not in floor of the House is unpatriotic. this is important not just to small session Friday. Why do we not work Frankly, we should use the revenues, business people, but it is an important today, tonight, and Friday and get this the $3.6 billion that we are talking factor in health care in this country. issue done? about, the $3.6 billion over the next 10 The ability to deduct health insur- And, frankly, what we could do, years, to give these self-employed peo- ance costs is clearly one of the most which is astonishing, but just as Sen- ple that are paying their own insurance pressing economic needs of America’s ator DOLE and Senator DASCHLE have a little bigger bang. Instead of giving self-employed. Self-employed individ- said in their letter they sent to Mr. them 25, let us give them 35 or 40 per- uals comprise over 15 million of the Na- MOYNIHAN, Mr. GIBBONS, and Mr. AR- cent. tion’s small businesses. These individ- CHER of March 24 of this year, what we And let me just conclude by making uals are independent, gainfully em- could do is use some of these revenues one last observation. This is not a ployed, pay taxes, and create many that we can gain from this expatriate human rights issue. I received a letter new jobs and innovations and, are a issue and increase the amount of de- from a professor at law at Harvard Uni- great part of our Nation’s economic fu- duction for the self-employed. versity, the Bemis Professor of Law, ture. Right now, they are going to get 25 Professor Vagts, who said this has to In closing, I would like to thank the percent for this last year. They are be taken care of. It is not a human Committee on Ways and Means for going to get 30 percent in the future rights issue. It has no relation to Jack- their leadership and dedication on this years. Why do we not make it 30 person-Vanik. important issue for the Nation’s small cent now and 35 or maybe 40 percent in This is an issue where people are businessmen and women. the future? We can give them a bigger avoiding taxation. This is an issue In addition, I would like to say how bang for the buck if we just take care where people are cheating the Amer- pleased I am we are going from no de- of this little thing. Why are we protect- ican public and using it in a way that duction to a deductible 25 and forward ing these 24 people that I consider dis- they are being unpatriotic in getting with a permanent 30-percent. Small loyal for wanting to leave the United rid of their citizenship. This is an out- business, because of lower cash flow, States for only tax purposes? rageous situation that has to be dealt really needs this ability to plan, and I might say, this issue is not an issue with immediately. having to do this year by year was very that we just talked about and brought Mrs. JOHNSON of Connecticut. Mr. difficult for them. Hopefully, in the up in the last week or 2 or 3 weeks or Speaker, I yield myself 1 minute. not-too-distant future we can give a month. This issue has been going on. Mr. Speaker, I just want to make hard-working, self-employed Ameri- Steve Shay, a lot of you know him clear that in the hearing it was Rabbi cans the 100 percent self-insurance tax that works on the tax writing commit- Jack Moline, it was Bob Turner who deduction which they deserve. tee, Steve Shay, the Assistant Sec- was on the Senate staff when they Mr. RANGEL. Mr. Speaker, I yield retary of Treasury under Ronald wrote the Jackson-Vanik amendment 21⁄2 minutes to the gentleman from March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 3999

Michigan [Mr. LEVIN] a distinguished through sewers, to swim across the Rio debate really believe what you are say- member of the Committee on Ways and Grande River, all to share in a little ing is the way things are. Means. piece of the American dream. And most No. 1, we have a law on the books, Mr. LEVIN. Mr. Speaker, let the of the people I know swell with pride at current law it is called, which says record be clear. The issue is not the de- the thought of being an American citi- that if you try to renounce your citi- duction of insurance for the self-em- zen, while many, many more want to zenship for purposes of tax evasion, you ployed. We are for it. In fact, we want join us. are violating the law. All of the rhet- to raise it. Thirty percent is too low. And yet there are those who head the oric on your side, including the gen- Why not use the proceeds from taxing other direction, a pivileged few who, tleman from Texas who just spoke, people who leave, who renounce their after consulting with their accountants falls under current law. The gentleman citizenship solely to avoid taxes, to and consulting with their financial from Hawaii, in repeatedly excoriating boost the 30 percent to 35 percent? planners and consulting with their tax people who would refuse their citizen- That is the issue. lawyers, decide that it is better to put ship for pecuniary reasons, say we have Now, we have gotten two kinds of ar- cash over country. That is what this current law that handles that. guments. One is the human rights debate is all about. The problem is, repeat, the problem issue. I do not understand it. People Every opportunity throughout this is the current law does not work very who are trying to leave the Soviet Congress, a pattern has emerged. The well. We have conceded this. The Sen- Union, Jews, Christians, and others, Gingrichites want to put those at the ate has conceded this. Any rational were trying to leave to get freedom. top of the economic ladder in first person looking at this area of the law The people involved here, the 12 to 24 place and to keep them there. Last has conceded this. week they did not mind coming along are renouncing their citizenship to What the Senate said the other night and cutting out school lunch. But this avoid paying U.S. taxes. That is what was, we probably acted too hastily in the issue is. week they say, for the billionaires, do adopting Senator BRADLEY’s amend- not touch the caviar, even if we have to They have got all the freedom in the ment, which was not the Clinton pro- world. They want an extra freedom renounce our American citizenship in posal, to apply evenly on citizens and that other Americans do not have; mid- order to keep it. noncitizens and we ought to take a lit- dle income, low income, and other This pattern of protection of the plu- tle closer look at the subject. Coming wealthy people. They want the freedom tocrats is what the Contract on Amer- out of the conference committee is an to avoid paying U.S. taxes. And they ica is all about. You will remember agreement, repeat, an agreement become back here, they keep a home they had a line-item veto that they tween the Senate and the House as part here; they keep a boat here. The home even printed in TV Guide. And it cov- of the provision that we are going to is not taxed; their pension is not taxed. ered not only spending but it covered vote on and pass shortly. They want it both ways. tax loopholes. But as soon as the spe- It says, in order to examine fully the Then the gentlewoman from Con- cial interests started whining about issues presented by the Treasury De- necticut [Mrs. JOHNSON] says, well, the tax loopholes, they snipped that wait a minute, there is a problem here part out of TV Guide and out of the partment’s proposal, the Clinton pro- as to the 12 and 24. Well, fix it. Fix it contract and went on and passed the posal, not the poorly executed Bradley now. This has been around for quite a other part. proposition which the Senate adopted, while. They have had repeated opportuni- but the Clinton administration’s pro- The President proposed something. ties on this floor to channel the sav- posal. It pains me a little bit to say Why are you resisting? Who are you ings from welfare reform, from rescis- this, but the administration’s proposal protecting? I do not understand it. But sions into deficit reduction. But, no, is far better. It is the one that we then I said, all right, well, we do not they have got to finance a tax cut for should use as the underlying structure want class warfare. I do not want class those at the top of the economic lad- of focus on. warfare. I want class equity. Class eq- der. We have included a requirement to uity, that is all we want. Today we stand here with them, once direct the staff of the Joint Committee You state a point which is so true. again, putting billionaires first, even on Taxation to provide a comprehen- You draw the 100 percent wrong conclu- billionaires who renounce their citizen- sive study due June 1, 1995. This is on sion. Most of the money picked up here ship. a fast track. We want to look at it as will come from people who decide not Meanwhile, there are Members of this soon as possible. to renounce their citizenship. That House who are lining up to protect this Among the issues to be considered, makes it clear they are renouncing flag. They say we need to go back and one, the effectiveness and enforce- their citizenship for one reason, as an rewrite our Constitution, it is so im- ability of current law with respect to artifice to avoid paying U.S. taxes. portant to protect our flag. I say to the tax treatment of expatriation. The My suggestion to the majority is be those Members, is it not a form of flag enforceability and the effectiveness of straight with the American people. Do desecration when people burn their current law. Treasury has testified not try to create a smoke screen. When American citizenship and burn the they offered this proposal because cur- you say there is a defect, fix it. Do not American taxpayer at the same time? rent law is not working well. We have make excuses. Class warfare they tell us? I do not said we are going to create a study by The working people of this country think people who defile this flag by re- June 1 to examine the effectiveness of want one thing in terms of taxes; fair jecting their American citizenship current law. taxation; everybody pay their fair have any class at all. You folks want to attach an ill-ad- share. These 12 to 24 families are not Mrs. JOHNSON of Connecticut. Mr. vised structure now, without knowing paying their fair share. This is a fair Speaker, I yield 4 minutes to the gen- where we need to go and what we need share provision. Let us stand by it. tleman from California [Mr. THOMAS]. to do. (Mr. THOMAS asked and was given But beyond that, the conferees want b 1300 permission to revise and extend his re- to know the current level of expatria- Mrs. JOHNSON of Connecticut. Mr. marks.) tion for tax avoidance purposes. The Speaker, I reserve the balance of my Mr. THOMAS. Mr. Speaker, these gentlewoman from Connecticut held an time. folks just do not get it. Actually, I re- Oversight Committee hearing and Mr. RANGEL. Mr. Speaker, I yield 2 alize they do get it. I just want every- asked a direct question of Treasury, minutes to the gentleman from Texas body else to understand the game they how many folks are involved in this. [Mr. DOGGETT]. are playing. Virtually every one of you have come Mr. DOGGETT. Mr. Speaker, what a You wrap yourself in the flag, play to the floor on your side and mentioned precious heritage we have as Ameri- the games with class warfare in terms a number. That number was not sup- cans. Each day people from around the of millionaires and billionaires. But let ported by the Treasury Department. world are willing to be crammed into us not get so far away from reality The fact of the matter is, we do not the cargo holds of cargo ships, to crawl that people who are listening to this know how many people are affected by H 4000 CONGRESSIONAL RECORD — HOUSE March 30, 1995 this. This study, due June 1, will pro- It was not in the House bill. It is not in sanctuary. They are lined up at the air- vide us with the specifics so that we the conference report. And yet the ports. We ought to send people out to can actually make a decision on an in- Democrats want to continue to drag count them and we will find out what formed basis instead of an impassioned out something that they can try to get the problem is. basis. emotional about. We are going to restore deductibility You folks are trying to move people We should proceed expeditiously to for the self-employed because they de- by emotion. What we in the majority give this badly needed deductibility for serve it. My thanks to the gentle- would like to do would be to move peo- the self-employed for their health in- woman from Connecticut, Mrs. NANCY ple by reason. Obviously, our hope is surance and leave the debate on these JOHNSON, who is going to bring it up to that reason prevails rather than your other nonissues in this conference re- 100 percent very shortly. emotion. port to the appropriate time when they Mr. RANGEL. Mr. Speaker, I would Second, we want to determine wheth- will be under consideration later this like to agree with my chairman that er or not any restrictions imposed by year. the issue today is really how we can any constitutional requirement dealing Mr. Speaker, I yield 2 minutes to the better provide incentives for the self- with the Federal income tax would gentleman from California [Mr. employed. I think if we review the apply to realized gains. BAKER]. record of exchange here, you will find Now, as the Committee on Ways and (Mr. BAKER of California asked and that it has been the other side that has Means, we have a responsibility in was given permission to revise and ex- terms of the Tax Code and the Con- tend his remarks.) been trying to defend this tax policy stitution. We do not want to act with Mr. BAKER of California. Mr. Speak- that is repugnant to everything that emotion. We want to act on the advise- er, it is very interesting, as we move decent Americans believe in. ment of those people who are knowl- into this debate, one of the last issues Mr. Speaker, I yield 2 minutes to the edgeable in the area about whether or of the contract for the first 100 days, gentlewoman from Texas [Ms. JACK- not in restricting someone’s right to that if you listen to this debate would SON-LEE]. deal with their own finances affects the you swear we were talking about the (Ms. JACKSON-LEE asked and was Constitution. On and on and on, for 11 Tax Reform Act of 1995. Throw in the given permission to revise and extend points, we will look at due June 1. kitchen sink, let us get those expatri- her remarks.) If you are rational, if you are honest, ates and go, go, go. Ms. JACKSON-LEE. Mr. Speaker, I you will wait for the report. What this really is, is trying to re- thank the gentleman from New York Mr. RANGEL. Mr. Speaker, nobody store a tax deductibility for the self- for yielding time to me. I simply say in this House has ever challenged the employed so that they can afford to that I rise to support the conference eloquence of the gentleman from Cali- buy health insurance, something the committee as it relates to the deduc- fornia, but when you get to the bottom liberal Democrats told us last year was tion for the self-employed. We are here line, we have a whole lot of billionaire extremely important. It was so impor- to address the concerns of Americans bums rejecting their citizenship to tant we were going to turn health in- and health needs are an important con- avoid paying taxes. surance on its head and turn it over to cern. Mr. Speaker, I yield 2 minutes to the government. But let me just simply say to you, I gentlewoman from Connecticut [Mrs. Fortunately, the people thought bet- hope my colleagues, the Republicans, KENNELLY], a member of the Commit- ter and contacted their Representa- will take up their own cry and work on tee on Ways and Means. tives and it died a much deserved something where people are leaving Mrs. KENNELLY. Mr. Speaker, I death. But part of that extending bene- this country allegedly under the pre- voted for this legislation when it left fits to the self-employed is this deduct- tense that maybe they have been po- the House and will support this con- ibility. litically persecuted. I have not heard ference report. I have been a long-time The red herring today is expatriates. that, but they are taking their billions advocate for the deductibility of health If you cannot fix everything that is of dollars, some $3.6 billion over 10 insurance coverage for the self-em- wrong in the Tax Act, why should we years, the needs of which are needed ployed, and believe once this bill is allow the self-employed to have de- here in the United States of America, passed we should begin our efforts to ductibility for their health insurance? but more importantly, under the pre- increase the deduction even more. The same thing occurred when we took tense of human rights and civil rights. However, I am quite concerned that on the food nutrition programs. Amaz- the conferees dropped a Senate provi- ing to find we had 16 administrative b 1315 sion that would require American citi- overheads, 16 audits. We went out to zens who renounce their citizenship to the schools and audited them 16 times. Where are the human rights and civil pay capital gains on the appreciated Did the right apple go to the right rights, for I do think they are taking value of some of their assets, mostly on child. bags of money across the State lines stocks and bonds. We wanted to reduce that overhead and the U.S. lines without any political Every year a dozen or more multi- so we were, of course, charged with prosecution or persecution. multi-millionaires renounce their citi- starving the elderly and the children. I would simply say that the gen- zenship as a tax dodge. These people re- I want to give thanks to the gentle- tleman from New York [Mr. RANGEL] ceived the protection and benefits of woman from Connecticut [Mrs. JOHN- had a very good point about the slash- the American Government while they SON], who has, like a terrier, hung onto and-burn policy that is eliminating af- were citizens. In fact, they thrived this issue to restore the deductibility firmative action in trying to diversify under our system of government. Is it for the self-employed and not to chase the media in this Nation. He raised a too much to ask that when they re- the red herrings, whether they be last very good point about why not hear- nounce their citizenship as a tax dodge, night’s debate on term limits, turned ings. we reduce the benefit by asking them into, well, if you like term limits so If I could, if the Speaker would allow to pay capital gains on the appreciated much, why do not you make them ret- me to inquire of the distinguished gen- value of their holdings? roactive, knowing that that would kill tleman from New York about this Having said that, Mr. Speaker, I the bill in the Senate. The red herring whole idea of the VIACOM deal that we think it is critically important that we here is the expatriate issue that will would all admit we want to reform and enact this deduction for health insur- never see the light of day when it goes make better, but now we are cutting ance for the self-employed and I urge to the Senate until, as the gentleman off the opportunities for those who lift my colleagues to do so. from California [Mr. THOMAS] says, we up the Constitution and want to be Mr. ARCHER. Mr. Speaker, I yield get a study on what the depth of that able to spread diversity throughout myself such time as I may consume, problem is. this Nation, I simply ask the gen- simply to say that most of the debate Do you see people at the border leav- tleman if he would comment, why did today has been taken on an issue that ing with suitcases full of money, leav- not we fix this problem with VIACOM is irrelevant to this conference report. ing America to live in Latin American as opposed to slashing and burning and March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4001 taking it out and again cutting affirm- the past, and equally unfortunate that Mr. PORTMAN. Mr. Speaker, I thank ative action, which has been a wonder- we are not able to allow a full 100-per- the gentleman for yielding time to me. ful tool in this Nation. cent deduction for our small guys, too. Mr. Speaker, I just say that listening Mr. RANGEL. Mr. Speaker, will the We know the self-employed need the to the debate this afternoon, some of gentlewoman yield? same benefits as big business, I believe. my colleagues may be confused. This Ms. JACKSON-LEE. I yield to the Past legislation has been unfriendly debate actually is not about soaking gentleman from New York. toward business and the passage of this billionaires, soaking rich people. This Mr. RANGEL. Mr. Speaker, I would bill is one step in a new and better di- is an issue that has been out there for like to respond by saying the leader- rection. We need to recognize the bar- a long time. ship on the other side had decided that riers to success that are placed in the Certainly when both parties, when it was not really the VIACOM issue paths of self-employed and do what we both Houses of Congress and the ad- that they wanted to eliminate, but can to eliminate them. We need a level ministration were with the other party they wanted the Tax Code to be color- playing field for both small business they could have solved this problem. blind, and I am still working on that and big business. Again, I thank the We are willing to solve the problem. explanation. Chairman and urge all my colleagues We do not think this is the right time Ms. JACKSON-LEE. I hope we can fix to support the passage of this impor- or place to do it. It has not been sub- that problem. I thank the gentleman. I tant bill. ject to any hearings. It was not even hope as I heard my colleagues on the Mr. RANGEL. Mr. Speaker, I yield part of the House legislation. It was other side of the aisle, Republicans, say myself such time as I may consume. not even on the floor of this House, that they are prepared to fix the prob- Mr. Speaker, let me once again agree something that ended up in conference lem dealing with billionaires running with my chairman that he was able and on the Senate side. to our country’s lines. had the political power and the votes However, that is not the issue here I would hope they would take up the to effectively make the Tax Code color- today. The issue here is providing ac- inquiry of the gentleman from Califor- blind so that minorities would not have cess to health care for the self-em- nia. Let us fix this in the next 24 hours the same opportunity to purchase sta- ployed. It is something I would think or 48 hours. Let us work on Friday and tions. that all of us could get together on. I make sure we pass out a bill, which I I do hope that with this political am certainly pleased to tell my con- am going to support because of the de- power he and I can work together to stituents who happen to be self-em- duction on the single owners, but we make this country as colorblind as the ployed that we are doing two things need to fix this bill and make it a bet- Tax Code. here that they have been asking for. ter bill. Mr. Speaker, I yield 1 minute to the One is fairness and the second is pre- Mr. RANGEL. Mr. Speaker, I think gentlewoman from Connecticut [Ms. dictability in tax policy, both very im- the gentlewoman has hit the point on DELAURO]. portant. the head. We Democrats want to fix it Ms. DELAURO. I thank the gen- How in the world can you run a busi- right now and our Republican friends tleman for yielding time to me. ness when you cannot plan for the fu- would prefer to study it. Mr. Speaker, the health care tax de- ture? Is it fair to have an automatic Mr. ARCHER. Mr. Speaker, I yield duction for the self-employed is criti- unfair disadvantage between the self- myself such time as I might consume. cally important to small businesses in employed and corporations? Those are Mr. Speaker, I would say to my my district and across this country. It the two things we are trying to get at friends, including my neighbor from is crucial that Congress move to extend here. This bill ensures fairness for Houston, TX, and my friend, the gen- the deduction and increase it. That is those who have taken the risk and pur- tleman from New York, CHARLIE RAN- what is right about this legislation. sued the American dream by working GEL, we have fixed the Tax Code. It is What is wrong with the legislation is for themselves. It helps them to pro- now color-blind. There is no reference that once again House Republicans fail vide jobs for others. in the Tax Code anymore to any special to ask billionaire tax-evaders to pay I am talking about farmers, small preference based on the color of skin, their share of taxes. The view that the business people, shopkeepers, plumb- race, or creed. super-rich billionaires can renounce ers, and so on. These people are self- Mr. Speaker, I yield 2 minutes to our their U.S. citizenship, the country that employed if corporations can deduct colleague and my neighbor to the allowed them to make their fortune, in their full health care costs, it is only north, the gentleman from Dallas, TX, order to provide themselves with a tax fair the self-employed should be able to Mr. SAM JOHNSON, a member of the loophole really is wrong and it is a sad do so as well. Committee on Ways and Means. commentary that Republicans today Second, this bill is about predict- Mr. SAM JOHNSON of Texas. Mr. would condone and defend that kind of ability by permanently reinstating the Speaker, the gentlewoman from Hous- action. deduction, so that small businesses can ton said health care is important. Let To my colleague who said we need to plan. They are no longer left guessing us fix it. That is what this bill does. We have a comprehensive study of this about whether or not they can deduct do not want to pick on an issue that issue, where was their comprehensive their health care insurance. That is a does not have any relevance to this study of the school lunch program, of very important part of this. At a time particular issue which is fixing health cutting the funding for severely dis- when we are trying to make sure as care. abled children, of saying to the preg- many people as possible can get on the Mr. Speaker, I would like to com- nant women in this country that we health care rolls, it really makes sense mend the chairman of the committee cannot provide you with some help to for us to take out this current dis- for his leadership and commitment in avoid a low-birthweight baby. incentive for the 3.2 million people in bringing the bill to the floor in an ex- The comprehensive study exists for America who are self-employed. pedited fashion, because things are the richest people in this Nation, for Rather than proposing a government about to expire. By doing so the com- the billionaires and for the expatriates. takeover of health care, we are doing mittee ensured that the self-employed What Members ought to be doing is what makes sense, we are trying to will be able to enjoy a permanent de- standing up here and providing work- give the American people what they duction of 30 percent to pay for their ing, middle-class families with the op- want, the ability to help themselves. health insurance costs in the years to portunity to have a comprehensive In Ohio alone, Mr. Speaker, this bill come, and 25 percent this year. study and not deny them what belongs will make health care more affordable We must help small business survive to them. Stand up and fight for work- for more than 50,000 farm families, not in America and I guess the Democrats ing middle-class Americans and not for to mention the self-employed plumber, just want to help the wealthy because the super-rich expatriates. the mom and pop grocery store owners, they want big corporations to have 100- Mr. ARCHER. Mr. Speaker, I yield 2 and others. I am particularly pleased percent deductions, and small guys to minutes to the gentleman from Ohio to see we are doing it before April 15, have nothing. It was unfortunate that [Mr. PORTMAN], one of our respected so people can get this on their tax re- this deduction was allowed to expire in Members. turns this year. H 4002 CONGRESSIONAL RECORD — HOUSE March 30, 1995 I looked forward to working with the ferences they have been to, but there is Mr. Speaker, the gentleman from Ha- gentlewomen from Connecticut, Mrs. no way for one House to take some- waii [Mr. ABERCROMBIE] always speaks KENNELLY and Mrs. JOHNSON, and oth- thing out of another House’s provision with great emotion and I am sure great ers to expand beyond 30 percent, so it is in a conference. The other House must genuineness and conviction, but the re- even closer to major corporations. recede. The other House must say ‘‘We ality speaks very different than his Mr. RANGEL. Mr. Speaker, I yield 1 do not care about this provision, we are words, because on this conference re- minute to my friend, the gentleman willing to disregard it and to drop it port, and I have the signature sheet from New York [Mr. HINCHEY]. out.’’ here, this was agreed to 100 percent on Mr. HINCHEY. Mr. Speaker, I thank There is never, ever any power in a the Senate side with only one excep- the gentleman for yielding time to me. conference committee of one House to tion. It was signed and agreed to by Mr. Speaker, these United States of take away something that is in an- CAROL MOSELEY-BRAUN, Democrat from America almost uniquely in the world, other House’s bill, never. The gentle- Illinois; MAX BAUCUS, Democrat from provide both economic opportunity and men are just ill-advised. The Senate Montana; DANIEL PATRICK MOYNIHAN, security. You can make money here decided that they had great concern Democrat from New York. They all and you can keep it. That is good, and about this provision in the bill and signed this. They all agreed that they we want to keep it that way. There are they dropped it. They did not insist on wanted to give up this provision, so it a lot of people here who are successful. it. We have no power to force them to is very clear that it was not simply a Now we have a loophole in the tax drop it. Republican decision. law that allows some few people, the Mr. Speaker, I reserve the balance of Mr. Speaker, I yield 2 minutes to the most successful, billionaires, people my time. gentleman from Missouri [Mr. HAN- who have $1.2 million in capital gains Mr. RANGEL. Mr. Speaker, I yield COCK]. or more, the opportunity to escape myself such time as I may consume. b 1330 their tax obligations by renouncing Mr. Speaker, maybe they have their citizenship. changed the rules, but I always Mr. HANCOCK. I thank the gen- The Senate in its wisdom fixed that. thought that when the Senate pre- tleman the chairman of the Committee They provided that in this bill that sented something to us that they had on Ways and Means for yielding me the loophole would be closed. Those reck- an opportunity as conferees either to time. less Socialists over in the Senate were Mr. Speaker, this actually is getting accept it or to reject it. I thought when wise enough to fix that loophole, but to be a little bit amusing. Here we are we look at a Senate offer, we have the the GINGRICH crowd in this House took talking to a minority party that be- opportunity to do it. The gentleman that fix out; $3.6 billion worth of tax came a minority, and you have been in saw fit to reject this provision that was cheating over the course of 10 years. charge of the tax law for 40 years. in the Senate and because of his power- You can buy a lot of school lunches and Forty years. Now, all of a sudden you ful persuasive personality, they agreed a lot of health care with $3.6 billion. are expecting us on our side of the aisle to it, but the rejection formally was Let me tell the Members, they had to fix the mess that you all have cre- made by the House under the gentle- better fix this. ated in less than 90 days. The situation man’s leadership to the Senate. Mr. ARCHER. Mr. Speaker, will the exists, and this situation will be ad- Mr. Speaker, I yield 1 minute to the gentleman yield? dressed. Mr. HINCHEY. I yield to the gen- gentleman from Hawaii [Mr. ABER- Does anybody on that side of the tleman from Texas. CROMBIE]. aisle think that the world is envious of Mr. ARCHER. Mr. Speaker, I would Mr. ABERCROMBIE. Mr. Speaker, I our tax law? If you think they are, you ask, is the gentleman aware of how am very glad this has been cleared up. have got another think coming. They conference committees work? This is not a House Republican posi- are not envious. Mr. HINCHEY. Yes, I am. tion. The desire to allow billionaires to They are envious of the fact that we Mr. ARCHER. Is the gentleman leave the country and renounce their have freedom in this country, we have aware that the House has no ability to citizenship is a Republican Party posi- opportunity in this country. We will take anything out? Is the gentleman tion. That goes through both houses. remove the incentive for people to give aware of that? Let it be explicitly clear, the gen- up their citizenship to avoid the pay- Mr. HINCHEY. Let me say this, Mr. tleman from Texas [Mr. ARCHER] has ment of taxes. That is going to happen. Speaker, the Senate wanted this in the made it clear, this is not something But you are talking about giving us 90 bill, and the conferees in this House that was done just at the behest of the days to correct 40 years of what has oc- wanted it dropped out. That was the House. The entire Republican Party is curred through the monstrosity we gentleman’s activity. That was his con- now on record favoring billionaires es- have created in our tax law. tribution to this conference report. He caping this country, not paying their The difficult, we do immediately. In dropped out that provision which taxes, while we have immigrants com- 90 days, we have passed 8 of the 10 would have closed the loophole. That ing into this country desiring citizen- items that the Republicans promised was his contribution. ship that ask only the opportunity to under the Contract With America. The Mr. RANGEL. Mr. Speaker, I yield 30 become Americans and pay taxes. impossible is going to take a little seconds to the gentleman from Califor- My name was invoked by the gen- time. It may be impossible to fix our nia [Mr. MATSUI]. tleman from California [Mr. THOMAS], income tax law without just getting rid Mr. MATSUI. Mr. Speaker, the gen- and I appreciate his friendship. He said of it and starting over. It will be ad- tleman from Texas raised this issue, I am emotional on this issue. I think I dressed, but this is not the vehicle to but there was only one offer made. It am. He is quite right, I am emotional address it with. This is not the time to was made by the House. I have a copy about being an American. I am proud address it. This is the time to debate of the House offer on 831. The House to be an American. He said and others it, make the issue and then we will re- offer does not have this provision in it, have said, ‘‘Why are you bringing this move the incentive for people to give so it had to emanate from the House. up in this bill? It is irrelevant.’’ No, it up their citizenship because of a mon- You took it out. That is what hap- is not. strosity that we have created that we pened. You took it out. Mr. Speaker, I hope those who are call the Federal Income Tax Code. I read the transcript of the con- listening in understand this bill has to Mr. RANGEL. Mr. Speaker, I would ference report, and it basically said be paid for and we are paying for it by like to tell the gentleman my chair- you took it out. The gentleman would taking the opportunity of minorities man, I signed as a Democrat and I not agree, but you took it out. and women to participate in commu- would sign that conference report Mr. ARCHER. Mr. Speaker, I yield nications and allowing millionaires to again, and I encourage Democrats to myself such time as I might consume. get away. That is how it could have sign it. That conference report was to Mr. Speaker, I would simply say to been paid for. provide tax incentives for the self-em- both gentlemen on the other side of the Mr. ARCHER. Mr. Speaker, I yield ployed, and I agreed with you in the be- aisle, I do not know how many con- myself such time as I might consume. ginning, I agree with you now. That is March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4003 what we are talking about and that is do, and, that is, to give our self-em- lieve there is no doubt that the Presi- what Republicans and Democrats sup- ployed people an opportunity to deduct dent will sign this into law. Of course port. their expenses, at least 30 percent of it, that still has to occur. Not only were Mr. Speaker, I yield 2 minutes to the for health insurance. I hope that those we able to retroactively take care of gentleman from Maryland [Mr. that are not on the floor really do not this 25 percent for last year, but we CARDIN]. believe that signing a conference re- were able as a result of the conference Mr. CARDIN. I thank the gentleman port whether you are Democrat or Re- committee to increase that to 30 per- from New York [Mr. RANGEL] for yield- publican to support what we were there cent for this year and future years and ing me this time. to do means that we should forever re- we were able to do all of this on a per- Mr. Speaker, let me follow up on the main silent on how we have done it. manent basis. point of the conference committee to Today we have had so many opportuni- I would say to my friend from Mary- provide help for the self-employed to ties to review a situation that exists in land who is an extremely articulate, extend the 25 percent. It is very impor- our tax law that whether you are a Re- thoughtful, and constructive contribu- tant that we extend and provide for the publican or a Democrat, you know it is tor to the effort of the Committee on 25 percent deduction for this year. The wrong, it is unpatriotic, it is immoral Ways and Means, that his desire to get self-employed are at a disadvantage. for someone to enjoy all of the benefits it to 80 percent was certainly well-in- They are 1.5 times more likely to be of the United States and renounce tentioned. Unfortunately, it would not without insurance because of our cur- their citizenship and then run off to have been permanent. It would have rent tax law. When we changed the tax some foreign island to enjoy it. But at been subject to a sunset. Once again, law in 1986 to provide the self-employed least we have agreed and we have we would have left this uncertainty out this 25 percent deduction, we found taken this opportunity that we are there. that we got 400,000 more self-employed going to do something about it. If we We need to work on a permanent individuals insured. But I am dis- did not do anything at all about it in 40 basis to get this percentage up. But for appointed we did not go further. Let years, it does not mean that it should here and now, this is a good bill. It is me explain. not be done. The treasurer says some- paid for, it does not increase the defi- The Republicans came to us early in thing should be done now and it really this session and asked for our coopera- ought to be done now. But since my cit, and I am delighted that it does tion to extend for this year only the 25 friends would prefer a study, what we have strong bipartisan support as percent and that we could move that have to do is just deal with what is be- shown by those Members of the con- quickly. We agreed. Along with the fore us today. I think we can all go ference committee who signed the con- gentleman from Massachusetts [Mr. home proud of the fact that we have ference report. I urge its adoption. NEAL], I introduced legislation that given something that really is de- Miss COLLINS of Michigan. Mr. Speaker, I would expand the 25 percent starting served, the opportunity for a large seg- rise in solid opposition to H.R. 831, a cynical next year to 80 percent, more comment of our population, millions of piece of legislation which links a health care parable to what businesses are able to people who have that entrepreneurship provision to the destruction of opportunities for deduct on their insurance premiums. that go out there every day to provide minority ownership in the broadcast industry. We were told that we could not con- jobs, to be able to get some tax benefits The need for more minority-owned broad- sider that in this House. The Commit- for insurance. I hope the day would cast stations is clear. On one hand, African- tee on Rules refused to make our soon come without another study that Americans account for over 12 percent of the amendment in order, even though we my Republican friends would say that U.S. population. On the other hand, minorities had a way to pay for it. We were told those people who are employed by the own less than 3 percent of all radio and tele- that we were only going to deal with self-employed should be provided the vision stations. the 25 percent. The bill goes over to the same type of incentive. The results of such white domination of the Senate and it is improved to 30 percent Mr. ARCHER. Mr. Speaker, I yield airwaves have been clear for a long time. after this year, so a self-employed indi- myself the balance of my time. Study after study has proven the existence of vidual will be able to deduct 30 percent First, I want to compliment the gen- discrimination against minorities on television. starting next year. That is good, but it tleman from New York for his coopera- Study after study has documented the persist- is not enough. It should be comparable tion in getting this conference report ent stereotyping, vilification, and humiliation of to what a company can deduct on their expeditiously to the floor of the House African-Americans in the industry. Yet, when- insurance. We never had the chance on and his concern on a bipartisan basis ever media executives are confronted with the this side to deal with that issue. for getting this tax deductibility to the facts, they always talk about ratings, market I am amazed as to why we were not self-employed for their health insur- share, and profits. given that opportunity. The amend- ance. We reach hands across the aisle The only way to end the negative portrayals ment that the gentleman from Massa- in doing the right thing for working is by enhancing minority ownership of broad- chusetts [Mr. NEAL] and I sought to put people of this country. It is my hope cast stations. This bill does precisely the opin order was paid for and increased the that we will be able to increase this 30 posite, and I won't be a part of it. amount that the self-employed could percent to a higher percentage before Mr. NEAL. Mr. Speaker, I support this legis- deduct starting next year to 80 percent. this Congress adjourns. lation. it is important that we act quickly to re- Although I will support this conference When we began this process shortly store the deduction for health insurance costs committee, I hope the chairman of the after we were sworn in, we recognized of self-employed individuals. This legislation Committee on Ways and Means will re- that the self-employed were left hang- reinstates the deduction to 25 percent and visit this issue so that we can provide ing because this provision for deduct- would increase the deduction to 30 percent for for the self-employed fairness and com- ibility of 25 percent expired on January 1995 and thereafter. parability to those who work for com- 1 of last year. I expressed publicly the We are fast approaching the tax filing dead- panies. commitment to this Nation that we line for 1994 and we need to enact this legis- The SPEAKER pro tempore (Mr. would retroactively take care of that lation promptly. Taxpayers have been uncer- GOODLATTE). Members are advised that so that by April 15, Americans who tain about this provision since it expired on the gentleman from New York [Mr. were self-employed that expected to December 31, 1993. RANGEL] has 2 minutes remaining, and get this 25-percent deductibility would I am pleased that Congress is taking action the gentleman from Texas [Mr. AR- be able to file their returns with that to increase this deduction to 30 percent and CHER] has 5 minutes remaining. The knowledge. Unfortunately, I am sure making this deduction permanent. This will gentleman from Texas has the right to many have already filed and will have provide taxpayers with certainty. However, I close. to file an amended return. That is un- am concerned by increasing the deduction to Mr. RANGEL. Mr. Speaker, I yield fortunate. But at least we are doing it 30 percent and making it permanent Congress myself the balance of my time. before April 15. And those who have not will not have a chance to address this issue Mr. Speaker, I would like to say that filed certainly can with a degree of cer- and increase the deduction. I think we are here today to do a serv- tainty know that they can now file and On the first day of this session, I introduced ice that the Congress has promised to take it on their return because I be- legislation to make permanent the 25-percent H 4004 CONGRESSIONAL RECORD — HOUSE March 30, 1995 deduction and to gradually increase the de- REPUBLICAN CONTRACT WITH percent, you will like the capital gains duction to 100 percent. This legislation phases AMERICA tax cut. in the 100-percent deduction over a period of (Mr. BOEHNER asked and was given If you are over $100,000 the average 4 years. Several bills have been introduced on permission to address the House for 1 amount you will be getting back will this issue and it has broad support. minute.) be $1,200; if you are somewhere around During the committee markup, Mr. CARDIN Mr. BOEHNER. Mr. Speaker, Repub- $30,000 a year it is $26.05, Department of and I offered an amendment to restore the de- licans in the House continue to make Treasury statistics. duction for 1994 and to increase the deduction good on their campaign promises out- So this is what is on the floor next to 80 percent for 1995 and 1996. This amend- lined in our Contract With America. week. And of course, where would this ment failed by a vote along party lines. We outlined eight major reforms that tax cut go, how do you pay for it? You The deduction of health care costs is an ex- we would bring to the House on the pay for it by cutting other programs, tremely important issue for the self-employed. opening day and we have accomplished and so those cuts do not go to reducing One quarter of self-employed AmericansÐ3.1 those reforms and many more. the deficit, which in my town meetings million farmers and craftsmen, professionals, Over these last 86 days, Republicans is what two-thirds of the people are and small business proprietorsÐhave no in the House have brought forward 9 of saying that they want done. health insurance. The self-employed are 11¤2 our 10 bills, meeting our commitment You give a tax cut basically to the times more likely to lack essential health care in the contract. Next week we will privileged few, and you cut the very coverage. bring forward the 10th bill, and that programs that help the bulk of Ameri- We have to do more than increase the de- bill will be a tax bill to reduce taxes on cans. School lunch, school breakfast, duction to 30 percent. Major health care re- working families, will cut spending, welfare reform, so many of the other form proposals included a provision to allow and help reduce the budget deficit. cuts, rescission programs, summer jobs self-employed workers a 100-percent deduc- Republicans are continuing to work program that put young people to tion. The Tax Code should encourage the self- hard, we are keeping our promises, and work, those are the programs being employed to purchase health insurance. This working hard for the American people cut. deduction allows businesses to spend more who sent us here to change the way So, Mr. Speaker, I would just urge on health care. There are approximately 41 Washington does its business. We are Members to look very closely at this million medically uninsured individuals in the attempting to do that. last item of the contract. If it is the di- United States. An individual's employment Next week’s bill will reduce taxes on adem in the crown of the contract, it should not determine the tax treatment of their middle-income families, it will reduce has a lot of tarnish to it, and it is going health insurance. taxes on senior citizens and raise the to be important to debate it fully next Since I joined the Ways and Means Com- earnings limit on them so those senior week. mittee, I have tried to make permanent the de- citizens can work above the limits that f duction of health care costs for the self-em- are imposed on them today. CAMPAIGN TO PROTECT SANE GUN ployed. It was the first tax issue I undertook as b 1345 LAWS a member of the committee. Small businesses and the self-employed are Furthermore, we will reduce capital (Mrs. SCHROEDER asked and was the engine of economic growth for our econ- gains taxes in America to free up cap- given permission to address the House omy. The ranks of the self-employed include ital so that people in America will have for 1 minute and to revise and extend the likes of farmers, craftsmen, shopkeepers, a better opportunity at better high- her remarks and include extraneous day laborers, ranchers as well as accountants, paying jobs. material.) lawyers, and doctors who practice either in This is our Contract With America; The SPEAKER pro tempore (Mr. partnerships or as sole practitioners. As you we are proud to bring it to you, and GOODLATTE). Without objection, the can see, this provision affects a wide variety thank you for your support in helping gentlewoman from Colorado is recog- of individuals. us move the significant legislation nized for 1 minute. Businesses can deduct the full cost of any through this new Congress. There was no objection. health insurance provided to employees. Simi- f Mrs. SCHROEDER. Mr. Speaker, lar treatment has never been available to the today is a very tragic day because it is TAX CUTS: WHO WILL BENEFIT? self-employed. Businesses on the average, the 14th anniversary of the shooting of contribute and fully deduct 80 percent of the (Mr. WISE asked and was given per- President Reagan and his press sec- total cost of employee health insurance pre- mission to address the House for 1 retary, Jim Brady. And tomorrow is miums. We should at least consider increasing minute.) going to mark the beginning of a cam- the deduction for the self-employed to at least Mr. WISE. Mr. Speaker, in respond- paign to protect sane gun laws by 82 80 percent. ing to the gentleman from Ohio, it is national organizations representing 88 I urge you to support this legislation today true we are about in the 86th day of the million Americans. and to consider readdressing this issue during contract for America, a lot of things Why are these organizations mobiliz- this session of Congress. We can do better have happened, and I think we ought to ing? Tomorrow they will speak for than 30 percent. talk for just a moment about this tax themselves, but they are beginning Mr. Speaker, I yield back the balance cut package because it is kind of like their congressional campaign tomor- of my time, and I move the previous walking in the car lot. And you heard row to make sure, to make sure that question on the conference report. the description of it, it sounds pretty Federal gun laws that make sense will The previous question was ordered. good, it is shiny and glistens; better not be repealed after the 100-day con- The conference report was agreed to. look under the hood, check the trunk, tract period is finished. A motion to reconsider was laid on kick the tires because you may have Mr. Speaker, I will include for the the table. some problems. RECORD at this point an article from If you are middle income, depending Newsweek magazine calling on pulling f on what your income status is, if you the trigger on guns. are $200,000 you are in great shape, you This article, I think, is a very impor- GENERAL LEAVE are going to be able to take full advan- tant one, and tells why these many, Mr. SAM JOHNSON of Texas. Mr. tage of this tax cut. But if you are many organizations and Americans are Speaker, I ask unanimous consent that under $13,000 a year you are out of very, very frightened, that some of the all Members may have 5 legislative luck. important gains we made after this days within which to revise and extend Who are we trying to help around tragedy that happened 14 years ago are their remarks on the conference report here? If you are the average West Vir- apparently about to be assaulted and just agreed to. ginia family, income of $22,000 to repealed in May of this year, right here The SPEAKER pro tempore. Is there $24,000 a year, not much in store for in this very House. objection to the request of the gen- you. If you are $100,000, though, 51 per- So, I hope that everybody thinks tleman from Texas? cent of the tax benefits are going to go about it. When you look at the Brady There was no objection. to you; if you are $75,000 it is around 65 bill we know that last year it stopped March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4005 70,000 felons and other prohibited buy- NAMING CERTAIN ROOMS IN we disagreed he was a very tough ad- ers from getting guns. That is very, HOUSE WING OF THE CAPITOL IN versary, but he was the very best the very critical. HONOR OF FORMER REPRESENT- Republican Party had to offer. In times In my State of Colorado this week we ATIVE ROBERT H. MICHEL of conflict as in times of consensus, saw all sorts of backsliding on gun leg- Mr. THOMAS. Mr. Speaker, I ask Bob Michel led his party with grace islation, with people trying to push unanimous consent that the Commit- and class and decency that inspired easy access to concealed weapons. This tee on House Oversight be discharged confidence on both sides of the aisle. is not what this country needs. from further consideration of the reso- Maybe it was the depth of his under- So I salute this campaign to protect lution (H. Res. 65) naming certain standing of the legislative process and sane gun laws, and I certainly hope all rooms in the House of Representatives how to make that process work for the of us work very hard to hold the gains wing of the Capitol in honor of former people, an understanding that he honed we made in these last 14 years after the Representative Robert H. Michel, and over 38 years of dedicated service to tragic event that happened 14 years ago ask for its immediate consideration in the people of Peoria, IL. today. the House. Maybe it was the way that he worked for consensus within his own con- Mr. Speaker, todayÐMarch 30Ðmarks the The Clerk read the title of the resolu- ference, bridging differences to be sure 14th anniversary of the shooting of President tion. at the end of the day we could make Reagan and his press secretary, Jim Brady. The SPEAKER pro tempore. Is there objection to the request of the gen- progress on important legislation. And tomorrow marks the beginning of a cam- tleman from California? Or perhaps it was the way he knew paign to protect sane gun laws by 82 national Mr. FAZIO of California. Mr. Speak- when to fight for his party or when to organizations representing 88 million mem- er, reserving the right to object, I put partisanship aside and work to ad- bers. Why are these organizations mobilizing? would ask the gentleman from Califor- vance the goals that transcend party or Because tomorrow also marks the beginning nia if he would kindly explain the pur- politics. of a congressional campaign to repeal Federal pose of the resolution and the three Or maybe it was simply his love for gun laws, beginning with hearings and cul- amendments that he wishes to offer this institution, his faith in our democ- minating in floor consideration in May of a bill which are at the desk. racy, and the way he became part of all to repeal the assault weapon ban. Mr. THOMAS. Mr. Speaker, will the of our lives. Take heed, America. Sensible gun laws are gentleman yield? But I know that the House will never at risk. That means that you are at risk. The Mr. FAZIO of California. I am happy be the same without a Bob Michel. And gun lobby is working hard to weaken the to yield to the gentleman from Califor- he should know that he has earned the Brady law's waiting periods and background nia. admiration of both his colleagues and checks that screen out criminals, as well as Mr. THOMAS. Mr. Speaker, I thank his constituents. I am grateful for his the assault weapons ban and the enforcement my colleague for yielding. House Reso- 38 years of service to the United States of Federal firearm laws. Yet we know Brady lution 65, which was unanimously ap- of America, and I am grateful that all worksÐlast year it stopped about 70,000 fel- proved in the Committee on House of us can call him a friend, and I am de- ons and other prohibited buyers from getting Oversight on March 8, 1995, with the lighted that we will be naming these handguns over the counter. three technical amendments that we rooms he once occupied in his own In my State of Colorado, the House this will offer, is a resolution that was in- name so that his name, his memory, week passed a bill to ease access to con- troduced by Speaker GINGRICH on Feb- and his example will forever inspire all cealed weapons. It would require the State to ruary 8, 1995, to do as we sometimes do who will walk through these halls. issue concealed weapons permits to anyone in this body, name certain rooms after I thank the gentleman for yielding. who meets minimum qualifications. We hear a figure who indicates a significant Mr. FAZIO of California. Mr. Speak- the sheriff of El Paso County is handing out benchmark or milestone in the history er, further reserving the right to ob- concealed weapons like candy. The bill led of this House, and the resolution by ject, and I obviously do not intend to, one Democratic House Member to predict that Speaker GINGRICH asks that the House I want to speak out of the deepest pos- traffic altercations and arguments in bars wing in the Capitol be named after sible respect for the wisdom and lead- former representative Bob Michel. ership of former minority leader would turn into homicides in a floodgate of Clearly, by unanimous agreement the Michel as well. Bob Michel exemplified lawlessness. We might as well return to the committee thought that it was most the highest ideal of bipartisanship. Wild West. appropriate to do. Mr. Michel retired When he gave his word, you could rely This backsliding from sane guns laws is after 38 years of distinguished service on it. He was fair and compassionate. troubling. Putting more guns on the street will in this House, including 14 years as the His door was open to Members of not make our communities safer. And it cer- Republican leader, the longest tenure both parties, junior and senior Mem- tainly won't make our children safer. of any Republican in that capacity. bers alike. He was a bridge builder. And PULLING THE TRIGGER ON GUNS The rooms to be so designated will be as minority leader he was an honest Even as States ease restrictions on con- H–230, 231, and 232. Those are the rooms and straightforward person. cealed weapons, the gun lobby is eyeing a that Mr. Michel occupied as the minor- He was a staunch defender of minor- far-reaching rollback of federal gun-control ity leader and are currently the rooms ity rights and now we in the Demo- laws. Although top priority is repeal of last occupied by the Speaker of the House. cratic Party know better than ever year’s assault-weapons ban, another measure I will offer the technical amendments just how important it was to have being eyed by a task force appointed by to the title, preamble, and text of the someone of Bob Michel’s statute be the House Speaker Newt Gingrich would wipe resolution which were recommended by person who continued to insist on the out all other gun-related sections of last legislative counsel after the gentleman rights that the minority in this Con- year’s crime bill—even the ban on juvenile handgun possession. ‘‘The sooner we get rid withdraws his reservation. gress will always maintain. of that iniquitous bill, the better,’’ says a Mr. FAZIO of California. Mr. Speak- I have nothing but praise for Bob top National Rifle Association official. er, further reserving the right to ob- Michel and believe this resolution is a To smooth the way, House Republicans ject, I yield to the gentleman from fitting way for the House to recognize plan a series of hearings beginning this week Missouri [Mr. GEPHARDT], the leader the contributions of one of its most ex- at which crime victims will testify how fire- for the Democratic side. emplary Members in its modern his- power saved their lives. One woman shop- Mr. GEPHARDT. Mr. Speaker, it is tory, and I look forward to the actual keeper, for example, is expected to tell how with tremendous pleasure that I join in dedication. she blew away an assailant with an AR–15 as- supporting this resolution which would Further reserving the right to object, sault weapon. ‘‘The idea is to show firearms name a suite of offices in the honor of Mr. Speaker, I am happy to yield to the are an important part of public safety and self-defense,’’ says a GOP staffer. Gun-con- our friend and colleague, Bob Michel, gentleman from Louisiana [Mr. LIVING- trol advocates predict the hearings will who retired last year from his post as STON]. backfire. ‘‘They’re playing to a small band of minority leader. Mr. LIVINGSTON. Mr. Speaker, I extremists,’’ says New York Rep. Charles Undoubtedly true, that Bob and I dis- thank my friend for yielding. I want to Schumer. agreed on most legislation, and when add my thoughts to the accolades given H 4006 CONGRESSIONAL RECORD — HOUSE March 30, 1995 to our friend, Bob Michel. He was here worse and had been sustained over the I just want to say I am very grateful in the House for 38 years. He came here years by an understanding that yes, we for the spirit of bipartisan support. shortly after the Republicans were in will survive this conflict today as we You know, I think when the history the majority. He served in the minor- have done those others and endow in of the House in this century is written ity throughout his process, throughout each of us an understanding that what- that Mr. Michel will have an unusual his term in office, and after he left, ever might be the passion or the anger place. He entered the House shortly well, the Republicans gained the ma- or the feeling of a moment, it will pass after the Republican Party had lost its jority again. and our lives will go on and this great majority. He served in the minority his And my heart goes out to him, be- republic will go on. entire time, but he brought to it a spir- cause I will tell you what, he was one it of bipartisanship, a spirit of patriot- b heck of a minority leader and he would 1400 ism, I think a spirit of sincere desire to have been one heck of a majority lead- So for us to enshrine in the memory work with every Member of the House, er or Speaker. of that kind of quiet confidence in this to uphold the dignity of the House, to I know it was not in the cards for Bob great institution rooms named after do the best he could working with Michel to attain the speakership, but I the inspiration that we drew on so Presidents of both parties. thought it was a very generous act of many times from Bob Michel, I think, His career spans much of the most in- the outgoing majority leader who will be a good reflection for each of us tense period of the cold war. Anyone might have been Speaker to hand the to make from either side of the aisle as who ever traveled with him knows he gavel to Bob Michel and let him pre- we walk down those halls and recognize had friends across the planet he had side over the new House for just a few those rooms. made while working to uphold the posi- minutes. And I will always remember So, again, let me thank you for tion of freedom all over the world. that because that kind of memorializes bringing this to the floor and express He certainly, for our generation of in my mind the tremendous stature my most appreciative support for the Republicans, gave us a sense of leader- that Bob Michel enjoyed on both sides effort. ship. We served, in effect, an appren- of the aisle. Mr. FAZIO of California. Mr. Speak- ticeship with him, and I think that the He was a leader for his time; he was er, further reserving the right to ob- House today and the spirit that was a man that could work with a large va- ject, let me simply say I think the ma- just expressed by my friend from Mary- riety of people, a wide disparity of phil- jority leader speaks eloquently of the land in a bipartisan way honoring a osophical and political viewpoints, and stature of this person who never al- man like this who has served the House yet he brought people together, and, lowed his very partisan role in the in- and served this country is exactly the frankly, never failed to do so with stitution to separate him in any per- right thing to do. great humor and good fellowship. sonal sense from any Member. He never So I am very grateful to my col- So, I join with my friends in paying let the partisanship, which is part of leagues on both sides of the aisle for tribute to my friend, Bob Michel. I the political debate here, interfere joining us in this. thank the gentleman for yielding to with his basic humanity and his will- Mr. FAZIO of California. Further re- me. ingness to be a friend to all of his col- serving the right to object, Mr. Speak- Mr. FAZIO of California. Mr. Speak- leagues. er, I yield to the gentleman from Illi- er, further reserving the right to ob- Further reserving the right to object, nois [Mr. HASTERT]. ject, I yield to the gentleman from Mr. Speaker, I yield to my colleague, Mr. HASTERT. I certainly appreciate Texas [Mr. ARMEY], the majority lead- the gentleman from Maryland [Mr. the gentleman from California for er. HOYER], the former chairman of this yielding. Mr. ARMEY. Mr. Speaker, I thank caucus. Bob Michel, when I came to the U.S. the gentleman for yielding. Mr. HOYER. I thank the gentleman Congress, Bob Michel certainly was al- I would like to take just a moment to from California for yielding. ready established as a name and some- also express my appreciation that we I rise to join all of those who have al- body who had served many, many years have such a resolution before us. To ready spoken on behalf of this resolu- and a great record here. But no matter name these rooms after Bob Michel I tion and, more importantly, on behalf if I was the lowest guy from the delega- think is probably the least we can do. of honoring a great American, a tion, Bob took time, counseled, sat I got home from work the other night thoughtful American, yes, as the gen- down, was almost a father image and and doing that business called channel tleman from California [Mr. FAZIO] has helped the youngest member of the del- surfing I came across an old movie, said, a partisan American, but first an egation out, and I will always remem- ‘‘The Battle of the Bulge,’’ and I American, first a gentleman who loved ber that. thought about Bob Michel because Bob his country, a gentleman who loved You know, people have talked about Michel was one of us from our body this institution, a gentleman who loved Bob Michel. I guess it is the old ploy, it that had actually been in the Battle of his fellow human beings and extended is good if it will play in Peoria. Bob the Bulge, and realizing what must to them courtesy and respect and con- Michel did play in Peoria time after have been that terrible, terrible mo- sideration. time in the best sense of the world. He mentous struggle. And as so often I do I would doubt that there is a Member certainly represented the heartland of when I see these depictions on tele- of either party who had the privilege of America. He brought those values and vision or at the movies, I wonder about serving with Bob Michel who did not those ideals back to this floor and to the quiet bravery and resolve of these not only respect him, but hold him in this city, and every time that Bob men caught up in these mortal con- deep affection. Michel got up to speak, we would hear flicts. And although I think the gen- Bob Michel was in this issue institu- that good Midwestern common sense, tleman from California will agree our tion a person who brought us together, metered hostility or praise or whatever conflicts here are not always mortal, even at times of partisan differences. he had to give. But it was certainly there are times when they may seem That is why Democrats and Repub- tempered with his roots back in Illi- that way. licans alike stand to support and to nois. And it was always we found in Bob honor someone who has enriched this And you know, I think we talk about Michel a quiet courage and resolve; one institution and greatly enriched his Bob Michel being a quiet person. He that was gentlemanly, one that was country. certainly was, and unless there is a courteous, one that was always re- Mr. FAZIO of California. Further re- piano around, then he was not so quiet. spectful, and one nevertheless that reserving the right to object, Mr. Speak- We talk about him being a true flected the demeanor of a man who er, I yield to the Speaker of the House gentle man, but Bob Michel was also could look at all of our turmoil, all of of Representatives, the gentleman from tough, and if there were things that he our differences here, all that turns out Georgia [Mr. GINGRICH]. really felt that were going the wrong to sometimes be hard feelings, and very Mr. GINGRICH. I thank my friend, way, he would stand there and he calmly approach that with the eye of a the gentleman from California, for would outwait you. He would listen to person who had seen things so much yielding. you and listen to you and listen to you, March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4007 and finally Bob Michel would have his him. I think we all miss him on a bi- I cannot think of a more fitting way way prevail. So he had that toughness partisan basis. to help remember him than this resolu- inside. Bob came down here when this place tion that we are considering today. I just really appreciate the oppor- was infinitely more collegial than it Back in our home community last tunity here to speak about Bob and has become. It strikes me that we are weekend there were some news ac- certainly to commemorate this part of perhaps learning from the British Par- counts on our television, and as the this building in his name, something liament in our exchanges here on the newscasters were saying, ‘‘Peoria Con- we can always remember. I think that floor that I do not really recall in pre- gressman,’’ I waited for them to say, is very, very fitting and proper to do. vious years. ‘‘Bob Michel,’’ because we have said Mr. FAZIO of California. Mr. Speak- But part of that was Bob’s influence, that for so long, even in our own com- er, further reserving the right to ob- and Bob had a gentlemanly demeanor. munity, so I know that many people ject, I yield to the gentleman from It was persistent. He could get filled miss him here, and many people miss Michigan [Mr. EHLERS]. with passion when he believed pro- him in Peoria and elsewhere in the 18th Mr. EHLERS. Mr. Speaker, I want to foundly in an issue, but it never got district, and it is truly an honor for me thank the gentleman from California down to personalities. to say whenever I can that I took Bob for yielding. I deeply appreciate that. I think it is a fitting tribute that is Michel’s place, but I will not replace I had the pleasure of making the mo- being paid to Bob by memorializing his him, because he is irreplaceable. tion to adopt this resolution in the name here, a great public servant, a Mr. FAZIO of California. Mr. Speak- House Oversight Committee, and I did great patriot, and we all honor him. er, further reserving the right to ob- that with pleasure for two reasons. Fist Mr. FAZIO of California. Mr. Speak- ject, I yield to the gentleman from Illi- of all, these rooms have some meaning er, further reserving the right to ob- nois [Mr. MANZULLO]. for me personally. My first experience ject, it is fair to say that in his 38 years Mr. MANZULLO. Mr. Speaker, what in these rooms was meeting with then in Congress, I might add—I hate to a joy it is to participate in such an Minority Leader Gerald Ford a number mention it, but I must—three times unique way to honor a person who is of years ago when he asked me to serve what he would have been allowed to truly my personal hero in Congress. as his personal science adviser and as- I was elected in the 103d Congress, serve under term limits as some would semble scientists in his district to my first term in Congress and Bob have it, he had many outstanding peo- meet with him on a regular basis. That Michel’s last term in Congress. And I ple serve on his staff, and the individ- was my anointing into the political remember Bob was thinking about re- ual who most recently did a great job process, and I think had some influence tiring. I sat next to him right over of representing him in his home base of on the fact that I ended up here today. here. I said, ‘‘Bob,’’ I said, ‘‘are you Peoria is now a Member of this institu- But above all, I want to speak on this going to retire or are you going to tion, the gentleman from Illinois [Mr. issue, because of the outstanding char- stick around for one more term?’’ He LAHOOD]. acter and quality of Mr. Michel him- said, ‘‘No.’’ He said, ‘‘I just think it is Mr. Speaker, further reserving the self. I first met him at about the same time that I retire to give other people right to object, I yield to the gen- time I became acquainted with Mr. an opportunity to come into this tleman from Illinois [Mr. LAHOOD]. Ford. Mr. Michel came to speak in our body.’’ district, and I met him, and I was im- Mr. LAHOOD. I thank the gentleman, And probably one of the most moving mediately impressed with him, and and I appreciate very much the gen- events in my life occurred when the thoughout the years I have had other tleman from California allowing us Illi- House Republican Conference had its contact with him. noisans to do this. very last meeting of the 103d Congress, But what especially impressed me I want to announce to all Americans and Bob came in. We had a birthday was when I was elected last year, in that Bob Michel is alive and well in cake there, and everybody was singing spite of the fact that he was the minor- Washington, DC. Actually there are and on their feet. I was sitting there in ity leader, he took ample time to help people calling the cloakroom wonder- the chair just weeping like a child, me get oriented, adjusted, and to being if something has happened to him. knowing that somehow I was going to come a true Member of this Congress, He has not slipped on a banana. He is be deprived of the opportunity to serve and I was impressed with his still around. numerous years with a man who is a throughtfulness, his kindness, his help- For so long, 12 years, I worked for truly remarkable American. fulness, and above all, as has been em- Bob Michel, and many of the things You know, in an age where people phasized here, the fact that he is a true that I have learned about this institu- have incredible angers and will become gentleman, and he represents the epit- tion and have been able to bring to this short on words and sometimes say ome of what is good and proper about institution I learned from my friend, things we do not like to, probably the this institution. Bob Michel. I would not be here today harshest thing Bob Michel would ever It is with great pleasure that I sup- as a Member of the House of Represent- say would be, if he was really upset, port this resolution. atives if it were not for Bob Michel. would be ‘‘Gosh darn it,’’ and you sort Mr. FAZIO of California. Further re- Having worked for him for 12 years and of look at him, and he had this almost serving the right to object, Mr. Speak- been his chief of staff for the last 41⁄2 of comical smile on his face such as you er, I yield to the gentleman from Illi- those years was a marvelous experi- really should not get mad about this, nois [Mr. CRANE]. ence. because the country depends upon all Mr. CRANE. Mr. Speaker, I thank my So many times I said, while I cam- of us working together. distinguished colleague for yielding. paigned, I am not going to fill Bob And I see the gentleman from Mary- It is a precious moment of recollec- Michel’s shoes. Nobody can do that. land [Mr. HOYER] over here because he tion, and I said that when you think Nobody can fill the shoes of someone used to lock horns all the time with back on our 40 years in the wilderness, like Bob Michel. He is truly an extraor- Bob, but you could never get mad at there are biblical parallels, and Bob dinary person. him. Michel served 38 faithful years here, And another thing that I have said Unfortunately, some of us end up get- but like Moses, he saw the Promised for so long is that he is the last of a ting a little bit upset with each other, Land but never entered it. dying breed around this House. I do not treat each other like sandpaper at I first met Bob when I was teaching know that there will ever be another times, but Bob Michel always served to history down at Bradley University in Bob Michel, somebody with so many me as the epitome of a U.S. Congress- Bob’s hometown, and he was Uncle Bob years of experience, but somebody who man, and if I ever wanted to write a to me, and he was a dear friend, and I was so revered on both sides of the book on the person whom I would most admired him greatly long before I ever aisle by all of the Republicans and all want to emulate, that would be my dreamed of joining him here. of the Democrats in a way that I do not personal hero, the man we are honoring I had the distinct honor of serving know that we have around here any- through your resolution, VIC, and that with him for 25 of his 38 years. I miss more. is Bob Michel, and bless you for giving H 4008 CONGRESSIONAL RECORD — HOUSE March 30, 1995 us the opportunity to pay this little I thank the gentleman for yielding. GENERAL LEAVE tribute to him. Mr. FAZIO of California. Mr. Speak- Mr. THOMAS. Mr. Speaker, I ask er, I withdraw my reservation of objec- b 1415 unanimous consent that all Members tion and look forward to supporting may have 5 legislative days within Mr. FAZIO of California. Mr. Speak- the resolution. which to revise and extend their reer, further reserving the right to ob- The SPEAKER pro tempore (Mr. marks and include extraneous matter ject, I must comment that I did have GOODLATTE). Is there objection to the on House Resolution 65, the resolution the opportunity to play golf with Bob request of the gentleman from Califor- just agreed to. on a number of occasions. He was nia? The SPEAKER pro tempore. Is there known to use cuss words, always with- There was no objection. objection to the request of the gen- in the bounds of propriety, such as, The Clerk read the resolution as fol- tleman from California? ‘‘Golly, gosh, darn.’’ He probably would lows: There was no objection. have more of those than strokes per H. RES. 65 hole. Whereas, at the end of the One Hundred f Mr. Speaker, I yield to the gentleman Third Congress, Representative Robert H. from Illinois [Mr. WELLER]. Michel retired after 38 years of distinguished PERMISSION TO HAVE UNTIL MID- Mr. WELLER. I thank the gentleman service in the House of Representatives, in- NIGHT, FRIDAY, MARCH 31, 1995, for yielding and for the opportunity to cluding service as the Republican leader be- TO FILE CONFERENCE REPORT say a few words. As one of the new ginning in 1981, the longest tenure of any ON H.R. 889, EMERGENCY SUP- Members of Congress, one of the new Representative in that position: Now, there- PLEMENTAL APPROPRIATIONS kids on the block, I am one of those fore, be it AND RESCISSIONS, FISCAL YEAR Resolved, That the rooms numbered H–230, who cannot say that I served with Bob H–231, and H–232 in the House of Representa- 1995 Michel. But I remember as a young tives wing of the Capitol are named in honor Mr. LIVINGSTON. Mr. Speaker, I ask man meeting Bob Michel for the first of former Representative Robert H. Michel. unanimous consent that the managers time at a political function in western AMENDMENT IN THE NATURE OF A SUBSTITUTE may have until midnight tomorrow, Illinois. My impression was, ‘‘This guy OFFERED BY MR. THOMAS March 31, 1995, to file a conference re- is a nice guy. Everybody likes him. Mr. THOMAS. Mr. Speaker, I offer an port on the bill (H.R. 889) making How can he be a leader? Leaders have amendment in the nature of a sub- emergency supplemental appropria- to make tough decisions, leaders have stitute. tions and rescissions to preserve and to stand up and sometimes say ‘no’ for The Clerk read as follows: enhance the military readiness of the those who are in their flock whom they Amendment in the nature of a substitute Department of Defense for the fiscal are trying to lead.’’ offered by Mr. THOMAS: Strike out all after year ending September 30, 1995, and for Mr. Speaker, I just want to commend the resolving clause and insert: That the other purposes. the Speaker and the sponsors of this rooms numbered H–230, H–231, and H–232 in Mr. Speaker, this has been cleared resolution for honoring an all-around the House of Representatives wing of the with the minority. nice guy, someone that Illinois was Capitol shall be known and designated as the ‘‘Robert H. Michel Rooms’’. The SPEAKER pro tempore. Is there very proud to send to the House of Rep- objection to the request of the gen- resentatives for 38 years, who distin- The SPEAKER pro tempore. The tleman from Louisiana? guished himself here. question is on the amendment in the There was no objection. Again, I thank the gentleman and, nature of a substitute offered by the good job in moving forward on this res- gentleman from California [Mr. THOM- f olution. AS]. Mr. FAZIO of California. Mr. Speak- The amendment in the nature of a PERMISSION TO FILE REPORT ON er, let me yield to the chairman of the substitute was agreed to. H.R. 655, HYDROGEN FUTURE ACT Committee on House Oversight, the The SPEAKER pro tempore. The OF 1995 gentleman from California [Mr. THOM- question is on the resolution as amend- Mr. LIVINGSTON. Mr. Speaker, on AS]. But before I do, let me correct the ed. behalf of the gentleman from Penn- record: This resolution was offered and The resolution, as amended, was sylvania [Mr. WALKER], I ask unani- sponsored by the gentleman from Cali- agreed to. mous consent that the Committee on fornia. AMENDMENT TO THE PREAMBLE OFFERED BY Science have until 5 p.m., Thursday, Mr. THOMAS. And the Speaker. MR. THOMAS March 30, 1995, to file a later report on Mr. FAZIO of California. And the Mr. THOMAS. Mr. Speaker, I offer an H.R. 655, the Hydrogen Future Act of other leaders on his side of the aisle. amendment to the preamble. 1995. The minority is happy to participate, The Clerk read as follows: Mr. Speaker, this request has been and we are very pleased that we can co- Amendment to the preamble offered by Mr. cleared with the minority. sponsor this resolution. THOMAS: Amend the preamble by striking The SPEAKER pro tempore. Is there Mr. THOMAS. I thank the gentleman out ‘‘beginning in 1981’’ and inserting in lieu objection to the request of the gen- for yielding. thereof ‘‘for 14 years’’. tleman from Louisiana? Mr. Speaker, I just want to say that The SPEAKER pro tempore. The There was no objection. several of the new Members wanted to question is on the amendment to the know whether or not we had enough preamble offered by the gentleman f rooms if we were going to name rooms from California [Mr. THOMAS]. after Members. I asked them to walk The amendment to the preamble was LEGISLATIVE PROGRAM around and look at the number of agreed to. (Mr. HOYER asked and was given rooms named for distinguished Mem- AMENDMENT TO THE TITLE OFFERED BY MR. permission to address the House for 1 bers of this House. And all of the rooms THOMAS minute.) that have not been named. I would just Mr. THOMAS. Mr. Speaker, I offer an Mr. HOYER. Mr. Speaker, I take this say, to anyone who wants to know amendment to the title. time to inquire of the majority leader whether or not rooms should be named The Clerk read as follows: about the schedule for the week to after Bob Michel, to read the CONGRES- Title amendment offered by Mr. THOMAS: come. SIONAL RECORD following this presen- Amend the title so as to read: ‘‘Resolution Mr. ARMEY. Mr. Speaker, will the tation. There is ample reason. Anyone designating certain rooms in the House of gentleman yield? who meets the profile that has been Representatives wing of the Capitol as the Mr. HOYER. I am glad to yield to my discussed among Members here, we ‘Robert H. Michel Rooms’.’’. friend, the gentleman from Texas, the have ample rooms. I think you will find The title amendment was agreed to. distinguished majority leader. that very few of us would meet that A motion to reconsider was laid on Mr. ARMEY. Mr. Speaker, I thank profile. the table. the gentleman for yielding. March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4009 Mr. Speaker, on Monday, April 3, the fore we adjourn for our April district raises. We have had a couple of wind- House will meet at 12:30 p.m., for morn- work period. falls. The gentleman may recall, we ing hour and 2 p.m. for legislative busi- Mr. HOYER. The gentleman says the were able to shorten our proceedings ness. We plan to take up the following tax bill will be completed by that time. last night by withdrawing one of the bills under suspension of the rules: Can the leader tell me—it is going to amendments and then moving more H.R. 1345, the District of Columbia be up on Wednesday—does the gen- quickly than anybody anticipated to a Financial Responsibility and Manage- tleman expect, since the rule has not final passage vote. ment Assistance Act of 1995; and very been written for that at this point in Second, today we had the additional importantly; time, can Members have the expecta- unexpected windfall which enabled us H.R. 716, the Fisherman’s Protective tion of when they might be considering to avoid having a recorded vote on the Act amendments; the tax bill? conference report. These things are not H. Res. 120, the resolution expressing Mr. ARMEY. If the gentleman would always predictable. In order to, on the the sense of congress regarding the yield further, the Committee on Rules, one hand, be as confident as we can American citizens held in Iraq; and as the gentleman knows, has been hold- H.R. 1271, the Family Privacy Protec- ing hearings on that and are making that we give the Members as certain as tion Act. their deliberations. If everything goes possible a departure time for those who Also, depending on the Senate’s according to expectations, we should have to make their planes, all too progress, we may consider a motion to expect we will begin the tax bill on often, to the west coast, we try to be as go to conference on the FEMA emer- Wednesday. complete in our planning as possible, gency supplemental appropriations leg- Mr. HOYER. And completed on and we appreciate the windfalls when islation. Members should be advised Thursday? we can get them. that there will be no recorded votes Mr. ARMEY. I should expect so. Mr. HOYER. I yield further to the taken before 5 p.m. on Monday. Mr. HOYER. That is the expectation. gentleman from Indiana for an addi- For Tuesday and the balance of the Might I ask the majority leader, as tional question. week the House will consider H.R. 660, someone who in years past—and we Mr. ROEMER. My second question of the Housing for Older Persons Act of have not always met that date—I do the majority leader would be a number 1995 subject to a rule; H.R. 1240, the not know the number, but with respect of us on authorizing committees have Sexual Crimes Against Children Pre- to the budget, can the majority leader not been marking up bills for various vention Act of 1995, subject to a rule; give us an idea? Obviously, we are not reasons. Some of the chairmen have and H.R. 1215, the Tax Fairness and going to be doing it next week, so we been in budget committees, there has Deficit Reduction Act, subject to a are not, presumably, meeting therefore been a very, very busy schedule on the rule. We will also take up any con- the April 15 target date under the stat- floor. ference reports that might become ute for presenting the budget. Could Now, when we come back from our available next week. the majority leader tell me when that work period after the April time frame, Meeting times for the House will be budget might be forthcoming? the authorization bills are going to be 9:30 a.m., for morning hour and 11 a.m., I yield further to the gentleman from coming to the floor, trying to get time for legislative business on Tuesday; 11 Texas. a.m. on Wednesday; and 10 a.m. on Mr. ARMEY. I thank the gentleman not only to mark up and get their bills Thursday and Friday. Members should for yielding. out of committee and give vision and a be advised that there will be votes on Yes, our expectation is that that macro picture of the budgetary process Friday and it is our hope to have Mem- budget resolution will be brought to to the appropriators. The Appropria- bers on their way home to their dis- the floor early in May, we are very con- tions Committee are also going to be tricts for the April district work period fident, by the middle of May. trying to get time both in committee by 3 p.m. on Friday. Mr. HOYER. I thank the majority and on the floor. Mr. HOYER. Mr. Speaker, I thank leader. Could the majority leader tell us the gentleman from Texas for his com- Mr. Speaker, I yield to my friend, the with some kind of certainty what type ments. gentleman from Indiana [Mr. ROEMER]. of schedule we are looking at in this On Tuesday, I inquire of the majority Mr. ROEMER. Mr. Speaker, I would time period when we are going to have leader: He indicates that he will be like to ask the distinguished majority to make some very, very serious deci- seeking rules on the Housing for Elder leader a couple of questions if I may. sions on the budget, on appropriations Persons Act and the Sexual Crimes As the majority leader is aware, and as bills? What is the schedule going to Against Children Prevention Act. Is ei- we are painfully aware on this side, we look like after April? ther one of those controversial? are in the minority but we still have Mr. HOYER. I yield to the gentleman Mr. ARMEY. If the gentleman will families and children, and even though from Texas. yield, I believe neither of those will be there are only 204 of us on the Demo- Mr. ARMEY. Again, the gentleman controversial. We expect them to both cratic side, we have large families with raises, I think extraordinary and im- be granted open rules. lots of children in them, and we like to portant points. We should be able to Mr. HOYER. Is there a reason for get- spend time with those children. put in your hands prior to your depar- ting a rule as opposed to putting them Last night we had an instance where ture for your April work period back in on the suspension calendar? we voted until 10 o’clock at night. We your districts a schedule that will at Mr. ARMEY. If the gentleman will are now out at about 2:30 in the after- least give you a clear understanding of yield further, the reason is simply a noon. fair and open debate. Could the distinguished majority what days we will be in and actually in Mr. HOYER. I thank the gentleman. leader tell me why we would not roll the period of time after the April work Referring to Friday, does the gen- the votes from last night and not been period and before the August work pe- tleman expect votes on Friday? in until 9:30, 10, last night, but be out riod when we will be in session during Mr. ARMEY. Yes, we do expect votes by about 7 o’clock and have that time that time frame 1 day fewer than we on Friday. rolled over into today’s time and de- were last year. Mr. HOYER. Can the gentleman ad- bate and still be able to get home to There is no doubt, as I look at that, vise what we might be voting on Fri- our districts to work tonight. our congressional schedule will be day? Does the gentleman expect the Mr. ARMEY. Mr. Speaker, will the much more close to normal in terms of tax bill to go over to Friday? gentleman yield? last year and preceding years relative Mr. ARMEY. If the gentleman would Mr. HOYER. I yield to the majority to what we have just been through in yield further, we do not expect the tax leader, the gentleman from Texas. these 86 or 87 days. bill to go over on Friday, but we do Mr. ARMEY. I thank the gentleman When we take up business, obviously have hopes that—we have conference again. one of the first items we will have will reports that might be available, and we Mr. Speaker, again let me express my be the budget and we will then subse- have some other legislation that we appreciation for the concerns the gen- quently move from budget to the ap- think we may be able to complete be- tleman from Indiana [Mr. ROEMER] propriations, and a great deal of our H 4010 CONGRESSIONAL RECORD — HOUSE March 30, 1995 time on the floor will be by the com- The SPEAKER pro tempore (Mr. FOX contracts for farm workers in the Unit- mittee appropriations bills, whereas of Pennsylvania). Is there objection to ed States. These contracts provided the gentleman knows the Committee the request of the gentleman from farm workers with the basic services on Appropriations has on it member- Texas? that most workers take for granted— ship those Members who have exclusive There was no objection. services such as clean drinking water committee jurisdiction, and that f and sanitary facilities. In addition, should alleviate a great deal of the Cesar Chavez made the world aware of problem between committees. DISPENSING WITH CALENDAR the exposure to dangerous chemicals But I would expect and fully antici- WEDNESDAY BUSINESS ON that farm workers—and consumers— pate that whether it be with respect to WEDNESDAY NEXT face every day. your committee work or floor work or Mr. ARMEY. Mr. Speaker, I ask As a labor leader, he received great a combination of both, and with re- unanimous consent that the business support from unions across the coun- spect to the hours we keep, that you in order under the Calendar Wednesday try, and the movement he began con- are going to find a very refreshing rule be dispensed with on Wednesday tinues today as the United Farm Work- change of pace, one that is much more next. ers of America. congenial to your sincere desire to The SPEAKER pro tempore. Is there Cesar Chavez’ influence extended far spend more time at home with your objection to the request of the gen- beyond agriculture. He was instrumen- families. tleman from Texas? tal in forming the Community Service There was no objection. Organization—one of the first civic ac- b 1430 f tion groups in the Mexican-American Mr. ROEMER. Mr. Speaker, I thank communities of California and Arizona. the gentleman from Maryland [Mr. SPECIAL ORDERS He worked in urban areas, organized HOYER] and the gentleman from Texas The SPEAKER pro tempore. Under voter registration drives, brought com- [Mr. ARMEY]. the Speaker’s announced policy of Jan- plaints against mistreatment by police Mr. HOYER. Mr. Speaker, I would uary 4, 1995, and under a previous order and welfare officials, and empowered thank the majority leader for the in- of the House, the following Members many to seek further advancement in formation he has given to us, to Mem- will be recognized for 5 minutes each. education and politics. There are bers on both sides of the aisle, with ref- f countless stories of judges, engineers, erence to the schedule. I know I speak The SPEAKER pro tempore. Under a lawyers, teachers, church leaders, orga- for the majority, that we are very previous order of the House, the gentle- nizers, and other hard-working profes- pleased that there is the plan to give to woman from Ohio [Ms. KAPTUR] is rec- sionals who credit Cesar Chavez as the the Members a pretty good understand- ognized for 5 minutes. inspiring force in their lives. ing of what the schedule is going to be [Ms. KAPTUR addressed the House. In his fight for peace, justice, and re- over the months of May and June and Her remarks will appear hereafter in spect, he gained the admiration and re- July. That would be very helpful to all the Extensions of Remarks.] spect of millions of Americans, includ- of us I know. ing this Congressman. f I would urge the majority leader, as Cesar Chavez will be remembered for I have on my own said for almost all TRIBUTE TO CESAR CHAVEZ his tireless commitment to improve the years I have been here as a member The SPEAKER pro tempore. Under a the plight of farm workers and the poor of the Committee on Appropriations, to previous order of the House, the gen- throughout the United States and for move the budget as quickly as possible the inspiration his heroic efforts gave tleman from California [Mr. FILNER] is so we can get our allocations to the recognized for 5 minutes. so many Americans to work non- Committee on Appropriations so they Mr. FILNER. Mr. Speaker, I rise violently for justice in their commu- could report them out. As the gen- today to honor and remember a great nities. tleman knows, one of the problems we American leader and hero, Cesar E. We, in Congress, must make certain have had, not so much in recent years, Chavez. He was a husband, father, that the movement Cesar Chavez but we had in the early 1980’s, was the grandfather, labor organizer, commu- began, and the lessons he taught, will inability to pass appropriation bills nity leader, and symbol of the ongoing continue. In his honor, I urge my col- prior to the September 30 end of the struggle for equal rights and equal op- leagues to support legislation to de- fiscal year, the consequential looking portunity. March 31, the birthday of clare March 31 a Federal holiday in to continuing resolutions, the failure Cesar Chavez, has already been de- honor of Cesar Chavez. In the words of of funding the Government’s oper- clared a State holiday in California. Cesar Chavez and the United Farm ations for the new fiscal year, and so I Today, I ask my colleagues to support Workers, ‘‘si se puede—yes we can.’’ would hope that we could see the budg- legislation I just introduced to make f et come to the House as early in May March 31 a Federal holiday so that our as is possible, and I appreciate the ma- entire Nation can honor Cesar Chavez MORE WISHFUL THINKING IN jority leader’s information and atten- for his many contributions. HAITI tion to these matters. Cesar Chavez, the son of migrant The SPEAKER pro tempore. Under a Mr. ARMEY. Mr. Speaker, if the gen- farm workers, dedicated his life to previous order of the House, the gentleman would yield, I would just say fighting for the human rights and dig- tleman from Florida [Mr. GOSS] is rec- the gentleman’s point is well taken, nity of farm workers. He was born ognized for 5 minutes. and we have every intention of making March 31, 1927, on a small farm near Mr. GOSS. Mr. Speaker, it has been this as expeditious and as full of proc- Yuma, AZ, and died just 2 years ago, on 193 days since America’s finest combat ess as possible. April 23, 1993. Over the course of his 66 forces occupied Haiti, a friendly neigh- Mr. HOYER. Mr. Speaker, I thank years, Cesar Chavez’ work inspired mil- boring country. Tomorrow, the occupa- the gentleman from Texas [Mr. lions and earned him a major place in tion will formally end as President ARMEY]. American history. Clinton travels to Port-au-Prince to f In 1962, Cesar Chavez and his family declare the mission a victory and to founded the National Farm Workers pass the reins to the United Nations. ADJOURNMENT FROM THURSDAY, Association, which organized thou- Our prayers for Godspeed and a safe re- MARCH 30, 1995, TO MONDAY, sands of farm workers to confront one turn, of course, go with him, our Com- APRIL 3, 1995 of the most powerful industries in the mander in Chief and our President, but Mr. ARMEY. Mr. Speaker, I ask country. He inspired them to join to- we wish it was truly a victory, a mis- unanimous consent that when the gether and nonviolently demand safe sion accomplished, but it is not that House adjourns today, it adjourn to and fair working conditions. easy. We wish democracy, security, and meet at 12:30 p.m. on Monday next for Through the use of a grape boycott, stability could actually be a reality in morning hour debates. he was able to secure the first union Haiti, however it clearly takes more March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4011 than wishful thinking to fix 200 years Just as disturbing as the lack of se- caused small businesses. However, of civil strife and gut-wrenching pov- curity is the lack of progress on elec- today, Mr. Speaker, I bring to you the erty, some of it I am sorry to say tions. There are signs that that process nightmare OSHA has caused a non- caused by the Clinton administration’s may be seriously flawed and subject to profit charity organization. costly and ill-advised embargo. lengthy delays because of increased po- A good friend of mine, Merle Temple, It is also obvious that the commit- litical violence, lack of public interest headed a charity group that worked to ment of 20,000 American troops and and the logistical nightmare of start- produce health care for the disadvan- more than 1.5 billion American tax dol- ing from ground zero. Until the elec- taged. They worked very hard to give lars, a figure that will pass the $2 bil- tions take place Haiti, has no function- the elderly, the shut-ins, and the dis- lion mark before this mission ends, ing legislative branch. There is no Con- abled health care services they so have not fixed Haiti’s problems at all. gress there. In addition, the judicial badly needed. Look at a sampling of recent headlines: branch, weak as it is, has not come They worked to help get these people ‘‘Missionary Couple From U.S. Are back online in Haiti. In other words to become self-sufficient, particularly Shot,’’ ‘‘Haitian Slum Residents Sharp- President Aristide rules without the in their own homes. They set up a food ening Their Machetes After Deadly checks or balances of either the par- bank to try to get food to people who Robbery,’’ ‘‘Outspoken Aristide Critic liament or the judiciary. needed help toward the end of the Gunned Down in Port-au-Prince,’’ ‘‘Vi- Question: How can you have a democ- month. Merle’s group did the types of olence in Haiti Stops Voter Registra- racy without a parliament or a judicial things, Mr. Speaker, we should cham- branch? Answer: ‘‘You can’t. It’s not a tion’’ and the one from today that pion in this Nation. democracy.’’ sums it all up: ‘‘To Clinton, Mission As is the case with many non-profit I suspect that President Clinton and Accomplished; To Haitians, Hopes organizations, Merle’s group was heav- his advisors will breathe a heavy sign Dashed.’’ ily dependent upon contributions to of relief to no longer be in charge of While it is easy enough for the Unit- make ends meet, and they were barely what happens in that small Caribbean ed Nations and the Clinton administra- scraping by. In an effort to keep their tion to declare Haiti ‘‘safe and secure,’’ nation in the weeks ahead. But the White House and Congress still have a costs low, they ran their services out of it does not make it a reality for people a basically run-down office. They did who live there. A marked increase in job to do because the policies pursued not spend money on extravagant office politically motivated violence has in Haiti by this Clinton administration furniture and machines. That would come hand-in-hand with a tidal wave of have made Haitian Affairs our busi- have taken away money from those crime and lawlessness that is threaten- ness. American tax dollars still flow people who really needed the help. ing to overrun the country. Many of into Haiti at an alarming rate. More Soon after moving into their low- the Haitian and American businesses importantly, 2,400 of our men and rent office, Merle discovered that the that managed to stay open, despite the women in uniform will be part of the attic had a problem with squirrels. punishing United States-led embargo, United Nations mission in Haiti until Again, always thinking about cost, Mr. are being driven to the brink of closure at least February 1996, although indica- Temple chose to take care of the squir- again by nightly raids on storehouses, tions are that that deadline may slip rels himself. He could have spent regular truck ambushes, and looting at even further by the time the new Presi- distribution centers. Investors are not dent is supposed to be installed. money on an exterminator, but that being welcomed by the Aristide govern- Mr. Speaker, all is not well in Haiti, would have taken money away from ment or encouraged to return by the and all the wishful thinking in the the needy. deteriorating security situation. In world, all the White House spin doc- However, this turned out to be a very fact, fewer than 10,000 jobs have re- tors, are not going to change that. The large mistake. In trying to get rid of turned since the embargo ended. Prices reality is we have spent an awful lot the squirrels, he put mothballs in the are high. Unemployment is at more for a very little, and it is appropriate attic. The mothballs ran off the squir- than 75 percent. People once content to for full accountability for the events to rels but it attracted the skunks. wait for the spoils of Aristide’s return date. We hope to get that from the Someone complained to the local are growing increasingly frustrated White House, and it is also appropriate OSHA office about the smell of these and prone to crime and violence. This to have realistic planning to deal with mothballs, and in a sweep, the OSHA is hardly conducive to establishing a the mess that remains. It is a mess, storm troopers rushed in. OSHA fined a secure and stable environment. Al- and we owe them some assistance and non-profit organization, an organiza- though the Clinton administration has recovery. tion dedicated to bringing health care placed tremendous faith in the ability f to the needy, $700, $700. Merle appealed the fine, and the of the interim police force, a force cob- b 1445 bled together from former Fadh mem- sweethearts over at OSHA relented. bers and Guantanamo refugees to pro- The SPEAKER pro tempore (Mr. FOX They reduced the fine to a mere $350. vide for law and order as the transition of Pennsylvania). Under a previous They could not possibly let Merle’s to the United Nations mission is made order of the House, the gentleman from group off the hook completely. After tomorrow, the truth is that those indi- New York [Mr. OWENS] is recognized for all, they didn’t have the standard viduals are not up to the job. They do 5 minutes. OSHA workplace poster; $350 for a post- not command the respect of the Hai- [Mr. OWENS addressed the House. er from a non-profit group trying to tian people. Even President Aristide His remarks will appear hereafter in take care and help people. Mr. Speaker, has recently referred to the media as the Extensions of Remarks.] that $350 would have stocked their food cowardly. They are underresourced. f bank for a month. In Port-au-Prince, for example, 182 of Of course, Mr. Speaker, my friend the police share 3 weapons and I do not OSHA’S REGULATORY EXCESSES Merle paid the $350 out of his pocket, know if those weapons work. They are HURT SMALL BUSINESSES but OSHA really did not care where afraid to patrol at night, and they are The SPEAKER pro tempore. Under a they got the money from, only that easily intimidated by the vigilante previous order of the House, the gen- they got the money. groups that have become a common tleman from Georgia [Mr. NORWOOD] is To those of you on the other side who phenomenon in Haiti. Let me add that recognized for 5 minutes. complained long and loud about Repub- when reportedly at the encouragement Mr. NORWOOD. Mr. Speaker, I bring licans taking food from people, to of President Aristide, armed mobs went today a new story from what is now those of you who think that Govern- out into Haitian cities meting out jus- getting to be a very old textbook. ment is always the answer, I would tice with machetes, rocks, and torches, Mr. Speaker, it is a common mis- suggest that you take a look at how it has to be clear, even the Clinton conception among people that OSHA’s Government regulation can take food White House that something is seri- regulatory excesses only hurt big busi- from the needy right now. ously wrong in Haiti. It is not secure nesses. I have spoken on this floor Mr. Speaker, OSHA just doesn’t hurt and stable. many times about the pain OSHA has big business. OSHA just doesn’t hurt H 4012 CONGRESSIONAL RECORD — HOUSE March 30, 1995 small business. OSHA is more than agreement as the absolute minimum tleman from Florida [Mr. FOLEY] is willing to turn loose its claws on a acceptable conditions for addressing recognized for 5 minutes. non-profit organization. OSHA is one the threat posed by North Korea’s nu- Mr. FOLEY. Mr. Speaker, how proud agency that has turned a reasonable clear program; second, the legislation the people of Pennsylvania must be of and an important mission into a bu- will make clear that South Korea is their favorite son as he assumes the reaucratic nightmare for the American the only acceptable source for the chair of this distinguished Chamber economy and the American people. light-water rectors that are to be pro- this afternoon. Common sense was long ago shown the vided to North Korea under the agree- Mr. Speaker, I would like to take a door at OSHA. OSHA is one agency ment; third, no legislation will empha- moment and certainly dedicate my 5 that needs to be restructured or size the primacy of the United States- minutes to my sister, Elizabeth, who reinvented or, Mr. Speaker, just maybe South Korea relationship by condi- gave birth to a new nephew of mine, plain removed. tioning further steps toward the nor- Adam Edward. I am very, very proud of f malization of United States-North her. The SPEAKER pro tempore. Under a Korea relations on progress toward a I would like to also take a moment previous order of the House, the gen- North-South dialog and fulfillment of to read what I will call MARK FOLEY’s the 1992 North-South accord on the tleman from Illinois [Mr. RUSH] is rec- mailbag, the letters we get. A lot of ognized for 5 minutes. denuclearization of the Korean Penin- people assume we come to Congress sula; fourth, the legislation will rein- [Mr. RUSH addressed the House. His and just come up with ideas of the back force the importance of other Amer- room of the legislative chambers with- remarks will appear hereafter in the ican objectives regarding the Korean Extensions of Remarks.] out a lot of debate and deliberation. I Peninsula, including the reduction of will read you a few of the letters that f North Korea’s military forces and their I receive, to reflect on the consider- CONGRESS MUST WEIGH IN ON redeployment away from the Demili- ations we make when we design legisla- THE UNITED STATES-NORTH tarized Zone, prohibiting the deploy- tion. KOREA NUCLEAR AGREEMENT ment of ballistic missiles by From John MacPhail of Sebring, FL: Pyongyang, and deterring the export of The SPEAKER pro tempore. Under a Dear Representative Foley: I am a life-long missiles and weapons of mass destruc- Republican, and I believe we have a great op- previous order of the House, the gen- tion. portunity to help this country at this time if tleman from Nebraska [Mr. BEREUTER] Fifth, and, finally, the legislation we don’t blow it. My principal concern is is recognized for 5 minutes. will make it clear to the administra- that my children and grandchildren will not Mr. BEREUTER. Mr. Speaker, the tion that the Congress retains final au- have to pay for my present comfort. subject of this special order is the thority over any expenditures in sup- Although I am a veteran of World War II, United States-North Korea Nuclear port of the agreement, by insisting I do not believe this country owes me any- Agreement. that any reprogramming actions must thing. It paid for my education—that’s enough. Mr. Speaker, it increasingly is clear follow the notification requirements that the United States-North Korea About the budget: Yes, I support PBS and stipulated in the Foreign Assistance NPR, but I do not think the Government Nuclear Agreement signed last October Act. needs to support it any longer. Those of us is flawed and that it contains great Mr. Speaker, this is not a partisan who enjoy it should pay for it. Yes, I’m on risks to important American non- issue. Everyone should be concerned Medicare, and it is necessary to cover my proliferation and regional security in- about the very real danger on the Ko- major medical expenses, but I can afford terests. North Korea’s confrontational rean Peninsula. This Member would higher premiums or a bigger deductible. behavior to date raises serious ques- urge his colleagues to join as co-spon- Yes, I pay taxes, lots of them, but I would tions about whether Pyongyang is act- sors on this important national secu- not object to paying more if the IRS would submit a tax form I could complete myself in ing in good faith. rity initiative. North Korea has diverted to military an hour’s time. Am I wealthy? No. I just f think that all of us who are able should use some of the United States-supplied begin to sacrifice for the sake of those com- heavy oil that we already have deliv- The SPEAKER pro tempore. Under a previous order of the House, the gen- ing after us. Please do your job: save this ered under the terms of the agreement, country. tleman from Illinois [Mr. POSHARD] is and the North has continued its relent- From Mrs. Easton in Stewart, FL: less political attacks against our ally, recognized for 5 minutes. South Korea. North Korea continues to [Mr. POSHARD addressed the House. Dear Congressman Foley: I think the freshman class in the House is doing a fine job, make new and outrageous demands, in- His remarks will appear hereafter in the Extensions of Remarks.] and many of the items in your contract are cluding a demand for a billion dollars good. But there is one that troubles me. in additional assistance. f I think this is not the time to cut taxes. Earlier this week United States- The SPEAKER pro tempore. Under a Congress’ first priority should be coping with North Korean talks in Berlin were bro- previous order of the House, the gen- the deficit, and I hope that AARP and other pressure groups will not be able to divert ken off prematurely and without agree- tleman from California [Mr. RIGGS] is Congress’ determination from this goal. ment due to Pyongyang’s refusal to ac- recognized for 5 minutes. That is a senior citizen writing. cept South Korea as the source of light [Mr. RIGGS addressed the House. His Dean Balkema from Port St. Lucie, water reactors to be provided under the remarks will appear hereafter in the FL: agreement—a crucial violation of the Extensions of Remarks.] spirit of the agreement and a definite Dear Representative Foley: Unfortunately, f deal stopper. the balanced budget amendment was de- Mr. Speaker, Congress must send a The SPEAKER pro tempore. Under a feated. On top of this sad result, Representa- strong message to North Korea. The previous order of the House, the gen- tive Archer is now suggesting a tax cut. United States will not succumb to tleman from Massachusetts [Mr. In view of our incredibly increasing serious OLVER] is recognized for 5 minutes. Federal deficit, talk of a tax cut is ridicu- North Korean blackmail and brink- lous. I hope you will not support any tax manship. [Mr. OLVER addressed the House. His cuts. remarks will appear hereafter in the Today, this Member is introducing A letter to the Charleston Post and Extensions of Remarks.] legislation that seeks to address the Courier, from my friend and colleague, outstanding significant problems with f the gentleman from South Carolina’s the October 1994 agreement. This legis- sister’s husband, on food stamps. lation would give the Clinton adminis- URGING CONGRESS TO CONTINUE tration much-needed policy direction. WORK AFTER THE FIRST 100 Recently Florida Congressman Mark Foley was quoted as saying that ‘‘It was wrong for Among other features, this legislation DAYS TO MAKE AMERICA A BET- TER PLACE FOR ITS CITIZENS the Federal Government to subsidize people’s will: appetites for popcorn, potato chips, ice First, underscore that the Congress The SPEAKER pro tempore. Under a cream, Coca-Cola, and Gatorade. regards the terms of the October 1994 previous order of the House, the gen- I could not agree with him more. March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4013 I have no objection to my tax dollars sup- Those problems are many. Those Let me review for you just a moment porting the needs of poor people to have food problems are what I am illustrating in where we have been and how we got to they need to put a decent meal on their the New York Times when people allow this situation. table. However, I recently stood in line in a supermarket behind . . . somebody in the live animals to be sicced upon each First of all, that we failed to enforce grocery store who had food stamps and other, to fight each other in a grue- and this administration failed to en- bought dozens of bottles of soda. some display of competition, and re- force international law. One of the sor- I resent this. And I think it illustrates the ward each other with financial gain by riest days in the history of this Nation absolute need for the use of food stamps to watching this barbaric action. was when the SS Harlem sailed out of put food on the table and not to buy what Our children need a future. They the Port-au-Prince harbor and failed to most of the working poor would consider lux- need a better future. There are things have Haiti comply with international uries. we can do as Democrats and Repub- The food stamp program should not be law. Another failure of this administra- abandoned, but it must be put on track so licans to make Congress work for the tion. that it helps those who truly need help. people of the United States of America. Then what did we do? We imposed This from the parents of one of our The yelling and shouting that has sanctions that killed more than 60,000 Democratic pages, Joshua Stello, who gone on here in the last 95 days is sad, jobs in that nation that fed hundreds of wrote to me this week. because at times both sides have good thousands of people and destroyed per- arguments, legitimate arguments. Let Dear Mr. Foley: My wife and I would like manently those jobs and drove that to thank you for the special attention you us continue to work after the 100 days country and that poorest nation in our have shown our son. We also think he is very to make America the strong and proud Western Hemisphere into the ground. special. We both have tried very hard to give place it is, and give it a chance to sur- What is worse than killing the econ- him the tools to make a future for himself vive. I know it will, because both par- omy, we also allowed during that pe- and others. ties need it to. Both of us wish to tell you how much we riod of time for the opposition in Haiti f feel a little support and recognition helps us to be killed. They murdered and tor- keep that path worthwhile. With so many PERSONAL EXPLANATION tured and destroyed any potential fu- distractions in the world for our young peo- ture leadership for this Nation. Mrs. COLLINS of Illinois. Mr. Speak- ple, parents need all the support and positive Next, we sent our troops there. And reinforcement they can get from others. This er, I was unavoidably detained and, re- what has happened now is a cost to the gesture by you goes a long way for us par- gretfully, was not present for the roll- U.S. taxpayer of billions of dollars. ents, and especially for our son. call vote No. 273 on yesterday’s motion And, in the meantime, actually even I’m sure Josh has told you we have a made by the gentleman from Ohio [Mr. daughter, Brianna, who is also someone you before we sent our troops there, we had HOKE] to proceed in order. would like to meet, and we are very proud of. incredible costs to my State, the State This support lets her know she can also Had I been present I would have voted ‘‘nay.’’ of Florida, in a wave of refuges that reach for the positive. landed there. But then we sent our I hope that Members of Congress realize f how much weight they carry for the impres- troops, and we have had to pay twice sions of young people. I hope this new wave b 1500 for our troops, both for our troops and continues to try and work for a future—a in a few more days for the U.N. peace- The SPEAKER pro tempore (Mr. FOX positive example and a future for our keeping troops when part of our troops young—they need and deserve it, from Rob- of Pennsylvania). Under a previous order of the House, the gentlewoman are removed. So we have paid for a pol- ert, Jennifer, and Brianna Stello. icy of failure. I read a disturbing thing in the paper from Colorado [Mrs. SCHROEDER] is recognized for 5 minutes. Now, that is only the beginning of it. today in the New York Times. Michael My concern is, what do we do from here [Mrs. SCHROEDER addressed the Kauffman: ‘‘Man’s Best Friend, Fierc- as the President marches down there House. Her remarks will appear here- est Foe.’’ and we leave 2,000 of our troops? What after in the Extensions of Remarks.] As the boys explained, the fights begin is going to happen? when owners sic their dogs on each other in f You know, I had a chance to talk to a preliminary round. For less than a minute as the dogs lunge and bite, odds are set and PRESIDENT CLINTON GOES TO our commanders. I had a chance to bets are placed. The boys said that as much HAITI talk to our leaders, our Ambassador and our AID officials about what is as $500 is bet, and people can lose thousands The SPEAKER pro tempore. Under a of dollars within minutes. going on. Even the young men and previous order of the House, the gen- Then there is a break, they said, which is women who served, and I met with tleman from Florida [Mr. MICA] is rec- when some owners set out bound cats to fur- those individuals from Florida, said, ther arouse blood lust in their dogs. ognized for 5 minutes. Mr. MICA. Mr. Speaker and my col- ‘‘Congressman MICA, there is no plan This illustrates, folks, the problem in for economic development. Our biggest America is not necessarily what we can leagues, I come to the floor this afternoon to talk about President Clinton plan that the United States offers is do in this Chamber to devise laws that picking up trash in Haiti. That is the will protect us, but when we start re- and his upcoming trip to Haiti. Presi- job opportunity plan that we have in warding people like Tanya Harding, dent Clinton is going to Haiti to cele- place there. That is the biggest job op- who has injured another person, in giv- brate what I consider a policy of fail- portunity, and when the money runs ing her a movie role; when we start re- ure. warding people who have created What really concerns me, and I am out for that program, the program runs vandalist crimes in Singapore, by offer- now a member of the Subcommittee on out.’’ ing them money to expose their behind National Security, International Af- This is what we have. This is the doc- where they have been caned; where we fairs and Criminal Justice of the Com- ument that was presented to me by tell our young generation that in order mittee on Government Reform and AID and the Ambassador, and it is piti- to be rich in society, they have to com- Oversight, is the disastrous course this ful. It talks about spending millions of mit some devious crime and a devious administration has taken in Haiti and dollars on feeding stations. They are so act to make people pay attention to the President plans to go to Haiti to proud of 2,500 feeding stations. It talks you, so you can get in People Magazine celebrate. about spending millions of dollars on or on Oprah Winfrey, there is some- Let me tell you that just within the elections and local governments. thing seriously wrong in America. last few weeks, I had the opportunity, And do you know what there is in Each and every one of us has a re- with Mr. BURTON, to go to Haiti and to here? At the bottom of the page, there sponsibility when we receive letters review what is going on there and meet are a few paragraphs about economic from our constituents about the direc- with President Aristide. And let me development. Well, heaven forbid we tion of this country, but we will not be say to my colleagues in the House that should spend billions of dollars there responsible on this floor unless we de- what I saw is frightening. It is the re- and leave this Nation without some bate the real problems that face us out sult, really, of a policy that has been ability to create jobs and opportunities in our communities. out of sync from the very beginning. for the future. H 4014 CONGRESSIONAL RECORD — HOUSE March 30, 1995 I submit that this is a policy of disas- another program for the poor, and we Now, we have got to use a little com- ter, that we are making the same mis- have to transfer money from this group mon sense here. Do all of the children take in this country, that we have cre- to that group. belong to the rich? Did I miss some- ated a system of dependence and reli- We have all of the whines and when thing here or could we logically think ance on social and welfare programs we return Government to the people, to ourselves, without the help of Wash- that leave people dependent, just like the very people that gave us this Gov- ington, that maybe it is young families we have done in Haiti and we are doing ernment, this democracy, we hear the that are having children, people on in this Nation. And now we have a whines. ‘‘Oh, we are with you, but. We their way up, people who do not have President going there to celebrate a would be with you on the balanced all of the income in the world and have victory. I tell you that he is going budget, but there is no safeguard for not a whole lot of savings because they there to celebrate a policy of disaster Social Security.’’ are young? That is when we have our and potential economic disaster. Where does Social Security go today? children. So I ask my colleagues to join with It goes to the U.S. Government, every This great financial institution me to express concern to the adminis- cent of it. If we were going to steal it, known as Gannett published in their tration and other Members of Congress we would steal it today. If we reduce newspaper the following chart, and, lo that we do something to create jobs the deficit, do we have more likely a and behold, just as you might have sur- and real opportunities not only in need for Social Security or less likely? mised, the young are having children, Haiti but also this country. The answer is, if we balance this budg- and they only make between $15,000 f et, we are less likely to impose on So- and $30,000. Twenty-eight percent of The SPEAKER pro tempore. Under a cial Security, but the ifs and the buts children and, therefore, 28 percent of and the whining are endless. previous order of the House, the gen- the benefits are going to go to people Yesterday, we heard the fabulous tleman from New Jersey [Mr. under $30,000; 34.9 percent in addition whine, ‘‘Oh, we are for term limits if MENENDEZ] is recognized for 5 minutes. to the 29 percent are going to those you will make them retroactive.’’ This who make less than $50,000. That is [Mr. MENENDEZ addressed the was coauthored by a gentleman who with both parents working. Then under House. His remarks will appear here- has only served here 40 years, and he after in the Extensions of Remarks.] did it with a straight face. $75,000 add on another 23.1 percent and f Last week, ‘‘We want to reform wel- up to $100,000, 7.4 percent. The SPEAKER pro tempore. Under a fare but not if you consolidate the bu- In other words, if you want to soak previous order of the House, the gen- reaucracies of the 16 different adminis- the rich and reduce the tax benefit to tleman from Nevada [Mr. ENSIGN] is trative arms serving food.’’ But, ‘‘Oh, $95,000 and below, you are going to recognized for 5 minutes. you are going to cut food to the poor stick it to 5.3 percent of the people. That is the tax the rich folks that ev- [Mr. ENSIGN addressed the House. children and to the elderly.’’ erybody is talking about and that leads His remarks will appear hereafter in Well, we finally found out that the the Extensions of Remarks.] COLA is 4.3 percent rather than the 3.1 us into the capital gains tax. The capital gains tax, of course, is f in the Clinton budget, and there is actually going to be more money down for the rich. Have you ever heard of a The SPEAKER pro tempore. Under a there to feed the poor people, but the capital gains tax for the poor? People previous order of the House, the gen- starving bureaucrats will get a little who have savings by buying a duplex tleman from Texas [Mr. DOGGETT] is thinner if welfare reform goes through, may want to pass it on to their kids. recognized for 5 minutes. and it will. They will not pay the capital gains tax [Mr. DOGGETT addressed the House. Today, the Democrats, who had 40 because it is too high. They will wait His remarks will appear hereafter in years to fix the Tax Code, have discov- to die. the Extensions of Remarks.] ered that people are going overseas to According to the Wall Street Jour- f avoid the taxes, these same taxes that nal, there is over $7 trillion waiting for The SPEAKER pro tempore. Under a they spent 40 years creating. They have people to pass on, $7 trillion that would previous order of the House, the gen- driven manufacturing overseas, and be unlocked if we reduced the capital tleman from Pennsylvania [Mr. ENG- then they found out people are actually gains tax. LISH] is recognized for 5 minutes. expatriating to avoid taxes. That is what President John F. Ken- [Mr. ENGLISH of Pennsylvania ad- In a bill which was created to extend nedy did. That is what Ronald Reagan dressed the House. His remarks will ap- the tax break for self-employed so they did. This tax cut for children is their pear hereafter in the Extensions of Re- could buy health insurance, they want- own money, not a transfer from some- marks.] ed to tack on a tax on expatriates. body else. We are giving them a credit Well, folks, this was not the Omnibus to keep their own money. f Tax Bill of 1995. This was a bill to ex- We will see you next week for this de- The SPEAKER pro tempore. Under a tend tax credits of 25 percent to the bate, and we will help the families of previous order of the House, the gentle- self-employed for last year so they can America with the capital gains tax. woman from California [Ms. PELOSI] is do their taxes by April 15 and to extend recognized for 5 minutes. it to 30 percent next year. f [Ms. PELOSI addressed the House. Thanks to a great gentlewoman of The SPEAKER pro tempore. Under a Her remarks will appear hereafter in this House, NANCY JOHNSON, we are previous order of the House, the gentle- the Extensions of Remarks.] going to go all the way to 100 percent woman from Connecticut [Ms. f by the time we are through, because DELAURO] is recognized for 5 minutes. people who own their own business Ms. DELAURO addressed the House. TAX BENEFITS ought to be able to do the same thing Her remarks will appear hereafter in The SPEAKER pro tempore. Under a a large corporation can do and that is the Extensions of Remarks.] previous order of the House, the gen- write off all of their health care. f tleman from California [Mr. BAKER] is Do not forget this came from the recognized for 5 minutes. same gang that last year wanted to na- Mr. BAKER of California. Mr. Speak- tionalize health care. They wanted the HISTORIC VOTE ON TERM LIMITS er, I am from California, the wine Government to take it over because it The SPEAKER pro tempore. Under a country, but we celebrate Wente Broth- would become more efficient, because previous order of the House, the gen- ers and we celebrate Concannon and Government in Washington knows tleman from Florida [Mr. Stoney Ridge and Sebastiani. But the best. SCARBOROUGH] is recognized for 5 min- whine you hear around here is spelled No, folks, the whining continues. utes. with an ‘‘H,’’ and it is the whine that Next week, we are going to hear about Mr. SCARBOROUGH. Mr. Speaker, the rich are getting more than they are the tax cuts of $500 per child are going yesterday we held a historic vote on entitled to and that we have to create to benefit the rich. term limits. It is the first such vote March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4015 that has ever taken place in this Cham- the matter is no positive proposal was how that was relevant to a bill having ber. It was the great day for this coun- put forward. to do with the deductibility of employ- try and for this Congress. We are trying to keep the bureau- ers, the self-employed for their health The American people have wanted us crats out of our children’s life. We are benefits. to have a vote on the floor and an hon- trying to go back to the type of gov- The reason is very simple: You have est debate on the floor on term limits ernment that Thomas Jefferson and to pay for it. In order to pay for it, you for some time. Unfortunately, it was James Madison and our Founding Fa- must pick and choose how you will off- not until we elected a Republican lead- thers envisioned 200 years ago when set the cost of the deduction. Everyone ership and a Republican Congress that they said the government that governs is in favor of the deduction; the ques- we were able to bring that vote to the least governs best. tion is how to pay for it. floor. We try to stay out of senior citizens’ We had a choice. We had a choice be- Now, if you read some of the reports pockets, and yet to hear the rhetoric tween eliminating the possibility for in the papers today, it says that this during the balanced budget debate, one minorities, including women, of ex- was a loss for the Republicans. But the would think that the Republicans were panding their capacity to be involved fact of the matter is that over 85 per- enemies of Social Security and some- in the communications industries, or cent of Republicans supported term how the Democrats were the protectors we could tax billionaires who are leav- limits yesterday on final passage and of it. ing the country and renouncing their almost 85 percent of the Democrats op- Let me flash back to 1993 when there citizenship in order to avoid taxes. posed term limits. So what does that was a vote to reach into the pockets of That is the plain and simple fundamen- tell you about which party is respon- senior citizens on Social Security, to tal element that was involved here. sive to the American people? raise taxes on Social Security recipi- This not merely a question of expa- Well over 70 percent of Americans ents. And let me ask Members to re- triation in the sense that someone’s support term limits. They think it is member back and try to count up how literary sensibilities were offended, time that we put an en end to career many Republicans voted to tax senior that somehow ideologically or philo- politicians, and I could not agree more, citizens’ Social Security benefits. Let sophically they found themselves in op- but the fact of the matter is constitu- me see: zero, none. Not one Republican position. Good Americans have the optional amendments do not pass usually supported stealing money from Social portunity to contend with these ideas on the first vote. It took almost 20 Security recipients. It was a plan that as we are on this floor. They stay and years to pass a constitutional amend- was passed with full support of the fight, they stay and make their case. ment that allowed our Senators to be Democrats and not one Republican. What we have here is not expatriates, elected by the people and not State leg- et, now somehow 2 years later, they what we have here are Benedict islatures. talk down to the American public, they Arnolds, Benedict Arnolds who would So we will be back, and it will be the are stupid, and say somehow, OK, we sell out their citizenship, sell out their Republicans once again leading the went after your Social Security checks country in order to maintain their charge, and we will pass term limits 2 years ago, but now we are your wealth. That is it. very soon. friends, trust us this time. All the My good friend, the gentleman from I could not help, though, being while they bring forward not one idea California [Mr. THOMAS], came to the amused by some of the rhetoric that on how to balance the budget. floor and indicated that he could not was flying around the past couple of We are $4 trillion in debt, we are understand why we were excoriating days on term limits. I found out that spending $4 for every $3 we take in. It these people. That was the word he term limits were the moral equivalent is our children who will suffer in the used, ‘‘excoriating.’’ Of course we were to the Holocaust and to slavery. end if we do not stop the demagoguery excoriating them. He said that was al- Now, I may be dumb, I guess I am and start talking about real issues. ready current law that took care of just a little slow, I am just a freshman That is what we have been doing for 100 this, then went on to say that the cur- here, but I really could not piece the days, that is what we will continue to rent law does not work well enough logic together that would be able to do the next 100 days, and I hope some- and that it needed to be fixed. compare term limits to a holocaust body on the other side of the aisle has That is what we were going to do that killed 6 million Jews during world the courage to step forward with real with this bill, we were going to fix it War II. Nor could I figure out how term plans instead of race baiting and trying with this bill to see to it that the de- limits somehow could apply to slavery, to scare children and scare the old. ductibility was going to be paid for by but I heard it yesterday from the other They deserve more, and they are going the billionaires who were renouncing side of the aisle, a very novel argu- to get more from us. their citizenship. I think that is comment. But then again, we have heard f pletely clear, that is what we were this before, haven’t we? going to do. While a certain segment of this body BILLIONAIRE BENEDICT ARNOLDS I remember that when I was a child I continues to move forward with real Mr. SPEAKER pro tempore (Mr. FOX think the most potent story that we ideas to change the course of America’s of Pennsylvania). Under a previous learned in elementary school was one history, to return it back to what our order of the House, the gentleman from entitled ‘‘The Man Without a Coun- Founding Fathers intended it to be, an- Hawaii [Mr. ABERCROMBIE] is recog- try,’’ the man without a country. And other segment of liberals in this House nized for 5 minutes. as I remember the conclusion to that can do nothing but scare children and Mr. ABERCROMBIE. Mr. Speaker, story, the man without a country was try to scare senior citizens. several references have been made al- left permanently at sea, seeing con- We tried to cut out a tax break for ready during these special orders and stantly the horizon of the United the rich for Viacom and, when we did, several references were made during States, bereft of the benefits of citizen- our Ways and Means chairman was the day, Mr. Speaker, to the question ship. compared to Adolph Hitler. Of course, of the conference on the health pre- Well, today that has been transposed we cannot forget what happened last mium deduction for self-employed, and into the jet set, people who are able to week when we tried to help children by repealing the tax preference for minor- retain property in this country, able to cutting back on the expansive bureauc- ity broadcasters. retain income, able to live in this coun- racy that is strangling programs so the Some of those who are observing our try 120 days a year, able to establish money does not get to children but in- activities here today may wonder who residence in a country or region that stead gets swallowed up by huge bu- they are put together, in fact some will allow them not to pay taxes, enjoy reaucracies. Members from the Republican Party the full benefits of all of the wealth asked us to provide information as to that they have accumulated in the b 1515 why we were bringing up the question United States of America as citizens, We saw everybody going around with of billionaires who leave the country in and renounce it at the same time, their ties with children on it. I just order not to pay taxes and renounce while we are asked to give more time thought that was swell but the fact of their citizenship, asked us to explain to the Republican majority to craft H 4016 CONGRESSIONAL RECORD — HOUSE March 30, 1995 some bill to enable these billionaires’ asked, Mr. Speaker, about use of offi- nesota [Mr. GUTKNECHT] is recognized sensibilities not to be abrogated in any cial staff in the writing of your first for 60 minutes as the designee of the way. book, ‘‘Windows of Opportunity,’’ in majority leader. We have been passing legislation at 1984. Mr. GUTKNECHT. Mr. Speaker, I freight train speed to overturn all of You are going to be asked that, Mr. want to speak for a little time this the situations that would undergird Speaker, because people now know as a afternoon about some issues. I am the possibility of feeding our children result of an article in the Los Angeles going to be sharing time later with their school lunches, of seeing to it Times on March 20, 1995, that your some of my freshman colleagues but I that our students are able to maintain former staffers, the people who used to would like to indulge my colleagues for their financial aid, asking immigrants work for you, have told a reporter, just a moment on some personal busi- to come to this country and to achieve Glenn F. Bunting and Alan C. Miller, ness to say a special congratulations. their citizenship as rapidly as possible. staff writers for the Los Angeles CONGRATULATIONS TO ROCHESTER MAYO AND Where I live in Hawaii we have immi- Times, and these are their words, not ROCHESTER LOURDES HIGH SCHOOL GIRLS’ grants coming in every day who are es- mine, that in 1984 when the book was BASKETBALL TEAMS tablishing themselves, working hard, being written, the ‘‘Windows of Oppor- Mr. Speaker, I’d like to congratulate paying their taxes, working forward tunity,’’ that the manuscript for that two outstanding high school girls’ bas- and eager to the day that they can be- book was actually done in your official ketball teams from my home city of come citizens of the United States of office by some of your official staff, on Rochester, MN. Last Saturday, the America. How is it possible for a politi- Government time, Government paying teams from Rochester Mayo and Roch- cal party to defend those who have en- for it, and yet, you and your wife were ester Lourdes won the Minnesota State joyed the full benefits of citizenship in paid thousands of dollars for writing of basketball titles for class double-A and the greatest country on the face of the that book. class A schools, respectively. Never be- Earth, in the history of the world, and Mr. Speaker, they are going to also fore in Minnesota’s history have two defend them when they seek to run ask you about the statements by your teams from the same city won State ti- away from the responsibilities that former staff members that back in 1989 tles in the same year. Coach Bob every other person in this country is that there was a commingling of staff Brooks of Rochester Mayo and Coach pleased and happy and eager to under- work on the course that you are teach- Myron Glass of Rochester Lourdes de- take? ing, or were teaching just recently, no serve the highest recognition for their To have billionaires able to renounce longer teaching, but were teaching at service and leadership. Someone once their citizenship and have that excused the small college in Georgia and that said, ‘‘Sports do not build character, and have them released from being able work, preparation, et cetera, was being they reveal it.’’ This is certainly true to pay for it off receipts that are need- done, a lot of it was being done at your of the girls of Rochester Mayo and ed in order for the self-employed to be office, both here in Washington and in Lourdes, who represented their schools able to deduct their health costs is a Georgia. and their city with distinction at the blot and a shame on the legislative There are some of us that are in this State tournament. business of this House of Representa- House that are very concerned about Mr. Speaker, I hope that you and my tives. the fact that the complaints and these colleagues here today will share my f allegations have been filed with the heartfelt congratulations to these two Ethics Committee and yet I believe in great examples of American young QUESTIONS THE PEOPLE IN MIS- the 10 weeks I think the Ethics Com- women in pursuit of excellence. SOURI WILL ASK SPEAKER GING- mittee has been in existence, the Eth- I include for the RECORD the name of RICH ics Committee has yet to act. And, in the team players, as follows: The SPEAKER pro tempore. Under a fact, the gentlewoman from Connecti- ROCHESTER MAYO HIGH SCHOOL previous order of the House, the gen- cut, who is the chairman of the Ethics Committee and also on this floor on Kelly Miller, Coco Miller, Laura Paukert, tleman from Missouri [Mr. VOLKMER] is Kelly Hall, Vicky Ringenberg, Jessi Kruger, recognized for 5 minutes. January 4 when you were elected as Nancy Spelsberg, Kjersten Kramer, Elissa Mr. VOLKMER. Mr. Speaker, yester- Speaker and sworn in, the gentle- Cookman, and Erin Fawcett. day evening at the conclusion of the woman seconded your nomination, so Karen Mueller, Liz Perry, Jennifer debate on the term limits legislation there may be some conflict of interest Siewert, Beth Volden, Cara Weisbrod, Man- proposed constitutional amendment, there, so I understand the gentle- ager Brooke Halsey, Manager Brenna the Speaker, in addressing the House woman says there will be not anything Paulson, Assistant Coach Les Cookman, and at the end of his remarks made a veiled done, no action taken at all until after Coach Bob Brooks. threat to me and to other Democratic the Easter recess. ROCHESTER LOURDES HIGH SCHOOL Members that when the constitutional For one party, the Gingrich Repub- Marie Wiater, Missy Sheehan, Rachel amendment failed that it would be- lican Party in this House to be able to Horgen, Katie Shea, Courtney Benda, Laura come the No. 1 issue in the 1996 elec- do the contract on America legislation Rogness, Bridget Garry, Johanne Letendre, tions. And that as a result of that he in 100 days, and yet not even have pre- Marnie Bowen, and Evelyn Molloy. liminary meetings and decisions made Danielle Bird, Katie Griffin, Denise Kruse, was going to come back and be in the Kelly Schwanke, Lisa Graf, Manager Chantal majority in 1997, and that the term as to whether or not these matters Beaulieu, Manager Brita Johnson, Manager limits legislation would then become should be investigated and as to wheth- Sara Sherman, Manager Vanessa Woodcock, No. 1 legislation, No. 1 bill. er or not a special counsel should be Assistant Coach Mike Fautsch, and Coach I accept the challenge from the appointed is beyond me. It just shows Myron Glass. Speaker. I invite the Speaker to come me, Mr. Speaker, that there is f to my district, and we will talk about stonewalling going on here, you are the term limits legislation. going to stonewall it, you are not going b 1530 But I want to warn the Speaker that to proceed with the investigation, you when he comes the people in my dis- are going to tell the American public, GENERAL LEAVE trict, as I travel my district, are going people in my district who I represent Mr. GUTKNECHT. Mr. Speaker, I ask to ask him some other questions. They that you are above the rules of the unanimous consent that all Members are going to ask him some questions House, and that the rules of the House may have 5 legislative days in which to about a little book deal that he has do not apply to you. revise and extend their remarks on the with Rupert Murdoch and those people. f subjects of my special order this Mr. Speaker, they are also going to evening. ask you about GOPAC and how GOPAC FEDERAL RETIREMENT AND The SPEAKER pro tempore (Mr. FOX has been run for the last several years PENSION SYSTEM of Pennsylvania.) Is there objection to and the use of official office expenses, The SPEAKER pro tempore. Under the request of the gentleman from Min- clerical hire, and the workings of the Speaker’s announced policy of Jan- nesota? GOPAC. And also you are going to be uary 4, 1995, the gentleman from Min- There was no objection. March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4017 Mr. GUTKNECHT. Mr. Speaker, I But if you take both the off-budget As a freshman member of the Com- think it is appropriate that, as a fresh- and the on-budget items and put them mittee on Government Reform and man, the gentleman from Arizona [Mr. together, this year we will spend, if Oversight, I was proud to be appointed SHADEGG] and the gentleman from New you divide it by the number of days, the vice chairman of the Civil Service Hampshire, also a freshman, are here hours, minutes, and the number of sec- Committee. One of the first issues we to talk a little bit about some of the onds, it works out, if my calculator is took up in the course of these duties problems confronting our government. correct, to $9,195.84. That is how much was to look at the Federal retirement Mr. Speaker, last year in the Novem- this government will spend each second system. As my able colleague from ber campaigns many of us talked about more than it takes in. That is how seri- Minnesota so perceptibly stated, we the fiscal problems confronting the ous the problem is. have a serious financial problem in this Federal Government. As a matter of You can see by the second chart, if country. But what we have also is a fact I remember talking to my con- we do nothing by the year 2001—again, hidden problem, and a very serious hid- stituents and saying directly that these are not our numbers, they have den problem, in our Federal retirees there is time to turn this country either come from OMB or Congres- pension program. around but there is not much time. sional Research Service—if we do noth- As the gentleman from Minnesota Since I have come to Washington the ing by the year 2001, the Medicare plan, pointed out a minute or two ago, this last 3 months, I have recognized that the Medicare trust fund, if you will, Federal retirees pension program is those words were even more true than will be insolvent. If we do not take ac- losing, or the Federal Government is I thought. As a matter of fact, as we tion by the year 2012, we will only be shelling out on a monthly basis $1.6 bil- began to look at the problems we face able to pay for interest and entitle- lion. That is cash being shelled out to relative to the national deficit, rel- ments. If we continue to delay action, pay for Federal retirees. ative to the various Federal trust by the year 2015 the Social Security As the gentleman from Minnesota funds, as a matter of fact, I have disability income program will be in- mentioned, this is not to say or to cast learned in the last several weeks when solvent. aspersions upon any Federal retiree. we had a debate earlier about the bal- Worst of all, if we take no action by What we say as freshmen is that some- anced budget amendment and people the year 2029, the Social Security fund thing went wrong in this Congress talked about the Social Security trust itself will be out of funds. when we were planning for the Federal fund and how we had to preserve the retirement system, how to run it, and That gives you some idea of how seri- integrity of the Social Security trust so forth. I do not know of a retirement ous those problems are. fund; but the unvarnished truth is if system that would run $540 billion in Now, on the next chart we want to you take the Social Security trust fund deficit and be able to say it works cor- talk a little it about this item: The and look inside it, what you will find rectly. This is Washington mentality, principal thing we want to talk about essentially is IOU’s from the Federal that is ‘‘inside inside the beltway’’ is the Federal pension plan. Let me say Government. mentality; $19.8 billion a year is 10 per- from the outset, Mr. speaker and Mem- In fact, I am told now there is some- cent of our entire operating deficit in bers, we are not here today to blame thing like 160 different trust funds and this one program alone. the Federal employees. As a matter of essentially in each of those trust funds Ladies and gentleman, I think we fact, as freshmen, we start with this you will find exactly the same thing: have to look at this program, we have IOU’s from the Federal Government. whole issue with clean hands. But I to look at it now. It is not easy work- I would like to show some charts we think the American people and even ing on Federal retirees pension, Social have made. I will go to the one on the the Federal employees need to under- Security, and so forth, because you are national debt itself. This chart indi- stand how serious the problem is. affecting good people who put in years cates just how serious the problems Currently, the Federal Treasury is of service to their country and deserve that this government and ultimately spending $19.8 billion per year just to a fair pension. But if we do nothing our people confront. fund the pension promises of previous about this, we are going to be talking Now, this first chart I want to show, Congresses. It works out to $1.6 billion about significant increases in Federal and I think it is important for the per month, or $553 million per day. Mr. liability over the coming months. American people to understand exactly Speaker, this is a serious problem. The Committee on Government Re- where we are right now and where we I became interested because in my form and Oversight has proposed, its are going. time that I spent in the Minnesota Subcommittee on Civil Service, one Now, the numbers that you see on Legislature, I had an opportunity to part of the solution is raising the em- the chart are from the Clinton admin- serve on the Minnesota pension com- ployee contributions to this program istration themselves. What they show mission. I do not think there is any- across the board by 2.5 percent over a is the actual accrued national debt thing worse than promising pension period of 3 years. That would have today of approximately $4.6 trillion. benefits and then refusing to fund raised approximately $11.5 billion over That is in 1994. them. I think it is the most hollow of 5 years. Now, using their own numbers and all promises and, in fact, the cruelest Bear in mind that we are talking their own budgets, they are projecting of hoaxes. about over $100 billion deficit, probably that the national debt will be $5.3 tril- With that, Mr. Speaker, I yield to my more than that over 5 years, but we are lion in 1996, $5.6 trillion in 1997, and it colleague, the gentleman from the trying. There has been a lot of con- continues to increase to $6.7 trillion by State of New Hampshire [Mr. BASS]. troversy associated with this piece of the year 2000. Mr. BASS. I thank the gentleman for legislation. But we need to understand, Mr. Speaker, we said it before, but I yielding to me. whether you are a Federal employee, think it bears repeating, we are lit- Mr. Speaker, I appreciate this oppor- whether you are a citizen of this coun- erally mortgaging our children’s fu- tunity to demonstrate, in effect, what try, or whether you are a Member of ture, and I think we know they will not term limits is all about, by working ex- Congress, that the time has come for be able to make the payments. ample. we have here a group of fresh- us to make priorities and make ration- Now, the next chart shows the year men, some of us have experience in al financial decisions about systems in 2001, if we do not get control of our na- working in retirement systems in our the U.S. Government that are out of tional debt, if we do not stop spending own home States, others of us have ex- whack. This is certainly one of the more than we take in. As a matter of perience in other areas relating to pen- worst. fact, I think this year if you take the sion systems either in our business or I might make a couple of references on-budget and the off-budget items—in elsewhere. here. Of the $1.5 trillion annual budget fact, I carry it with me—taking both of But we come to Washington with a that this Government operates, 10 per- those items, one of the things I have certain set of principles and under- cent of it, or $150 billion a year, goes learned since I came to Washington is standings about finances and how fi- into Federal salaries and benefits. that we have gotten ever more creative nancial retirement systems are sup- Now the Federal employees, if we can in taking some things off budget. posed to work. take a look at another chart here, H 4018 CONGRESSIONAL RECORD — HOUSE March 30, 1995 their contribution to retirement bene- ercise. It clearly is not the fault of cent of the cost; the employer, about fits has been steady and is projected to Federal employees. If it is the fault of 70. The taxpayer of America is shoul- do so for the next 30 years. anyone, it is the fault of prior Con- dering this dramatically increased bur- But look what happens to the Treas- gresses that we are in this situation. den. ury Department contribution. It sky- But again, this is not a fault exercise But worse then that, Mr. Speaker, we rockets. That spells disaster. I would but rather an exercise in determining have added another problem on top of hope that this country will rally be- what America needs to do now, indeed it, and that is the problem of COLA’s. hind each and every Member of Con- what the Congress needs to do now What we have done is we have created gress, especially those of us who are about this problem. this concept of automatic, annual concerned about the long-term finan- Regrettably, the story is not good. It COLA’s for all Federal employees, and cial viability of this Government, is a difficult problem, growing much beyond that we have established those about being able to, as has been said worse over time, as we will talk about. COLA’s at times at a rate even greater over and over again, give to our chil- It is, sadly, a very familiar parallel than the Consumer Price Index. That dren a Government that is as good as with many other Federal benefit pro- would be fine if we had provided a fund- the Government that we have been ex- grams and entitlements programs. ing mechanism. Unfortunately we did Now, if you look at welfare, regret- periencing, the way of life we have ex- not. tably, look at Social Security, and a perienced for the last generation, and Let us take a look, by comparison, to wide array of entitlement programs, you will help us make these difficult the private system. This Congress in prior Congresses have made promises decisions to bring programs such as the past years, taking a look at America about benefits and indeed have allowed Federal retirement system that is so and America’s businesses, has passed dreadfully broken at this point, that benefits to grow and to grow over time, but they have failed to be responsible very strict laws to govern private pen- will generate—we will have to pay in 30 sion plans. Those laws say that, if you years over $160 billion a year to fund in a fiscal way. We have failed to require that the other side of the equa- are going to establish in your business it—to help us make these corrections a private pension plan, you must follow now. Otherwise they are going to be 10 tion be funded or balanced. They have failed to provide the funding necessary. a strict formula and fund that pension times worse in future generations. plan We recently passed on the floor of These are not easy decisions. These Let us look, for example, at the So- this Congress a bill that my constitu- are not easy decisions. There is noth- cial Security system. ents thought was a great idea, and it ing great or wonderful about having to b 1545 was a bill that said all of the laws that deal with these difficult problems. No- As we know, as is common knowl- govern America and America’s busi- body is made popular by this. edge, the Social Security system in nesses also ought to apply to the U.S. But as freshmen, we Members of Con- America will run out of funds early in Congress and its Members, a great congress feel that the time has come for the next century. Why? Because we cept. If we are going to require it of the the rubber to hit the road and for us to have ever increasing benefit levels American people, we ought to require get to work in solving these problems. without proper funding without the it of ourselves. Mr. GUTKNECHT. I thank the gen- revenue to pay for those. If Congress Well, let me tell you, if we took tleman for his comments. I wonder if continues to ignore that problem, it we can talk for a minute about this America’s pension law, which is known will threaten our freedom, it will as the ERISA law, and applied that to graph because I was never particularly threaten the solvency of this Nation, good in math. But you can see the geo- the Federal pension plan that we are and it will be irresponsible, and the talking about here today, the tax- metric progression here. If we do not Federal retirement program, which we get control of this program soon, it is payers would have an immediate, un- are here talking about today, is very funded obligation to come up with $1 going to get just completely out of con- much like that. It is a similar pattern trol. That is one of the things that con- trillion in cash today. If we applied the where the Congress has added benefits ERISA standards to the Federal pen- cerns me. and given out payments and then not We can again come to this whole sion plan, we would have to come up provided a funding mechanism. with $1 trillion cash. We cannot do issue with clean hands as freshmen If we take a look, we will find that Members of the Congress. But I say to that. we have promised not only increased This chart which my colleague from you previous Congresses just made benefits, but also COLA’s, or cost of promises which are going to be next to New Hampshire mentioned and my col- living adjustments, without footing the league from Minnesota discussed in a impossible for us to keep in the future. bill. Let us stop for just a minute, how- I want to correct the record because little detail I think illustrates exactly ever, and take a look at history. what is going on, where at one point it I think there is a misplaced decimal The history in this area was in some was a 50–50 mix of employee and em- point in this particular chart. At the way a positive one. From about 1920 to ployer contributions, it now has grown bottom it should be 53.3. There should 1969, Mr. Speaker, our Federal retire- to what you see. If you follow the path be a decimal behind the first 3. It ment system was properly funded. It of this chart, you will see that the should be 53.3, not 533. was on a sound fiscal basis where the Now, while that does change the na- moneys that were being paid out were darker blue color at the bottom is the ture of the numbers, it does not change adequately being funded by a combina- employee contribution. For about the the nature of the problem. tion of employee and employer con- next 35 years it stands at a fairly con- I yield to our distinguished col- tributions, as they should have. The stant level, at about $4 to $5 billion a league, the gentleman from Arizona system in that time was structured to year, but the drama of the chart, what [Mr. SHADEGG]. where the Government and the employ- is so shocking in the chart, is the red, Mr. SHADEGG. I thank the gen- ees roughly shared an equal split 50–50. and that is the proportion paid out of tleman for yielding. The employee, Federal employees, paid the Federal Treasury, and let me just Mr. Speaker, I compliment the gen- half the cost of the retirement pro- highlight those numbers for a minute. tleman from Minnesota and his col- gram, and the Federal Government It grows from $42.9 billion in the year leagues from New Hampshire and Flor- paid the other half. 2000, roughly $43 billion here, to $67.9 ida for bringing this matter to the at- Unfortunately that remains not the billion by 2010—I am sorry, by 2030, and tention of the American people. It is story today. What we have done is that to a whopping $160 billion if we allow indeed a serious problem. we have allowed the system with the system to go without correction to Mr. Speaker, I rise to add my voice amendments enacted roughly 26 years the year 2030. What that means is that to those who are calling for us to reex- ago, in 1969, to grow dangerously out of we have got a serious taxpayer fallout. amine the Federal retirement pro- balance. What has occurred is, where Who pays the burden? Right now the grams. we once had a system with 50–50 fund- other chart shows it. Last year alone, I also would like to reiterate what ing, employee and employer, we now to fund this system, the Federal Treas- my colleague from Minnesota said at have a system which is closer to 30–70. ury had to come up with, and this Con- the outset, that this is not a blame ex- The employee contributes about 30 per- gress had to appropriate, an additional March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4019 $26 billion from the Treasury to supple- sponsibility to go on in the Federal re- nificant testimony from representa- ment the employees contribution. We tirement system, we are doing a dis- tives from the Federal employees who cannot do that. service, a disservice not just to the tax- represented that it was difficult to Now let us do another comparison of payers, but a disservice to the Federal exist in many instances as a Federal private to public and get a similar idea employees who are going to rely and employee, and the pension system is a of our pension plan at the Federal level are relying on that. We cannot make very necessary and important part of a versus what a typical one at the pri- changes which would dramatically af- Federal employee’s compensation vate sector would be. By any standard fect those who are close to the age of package, which I think is certainly the pension plan we have established retirement. We cannot ask them to pay commendable. However, we are also for Federal employees is a very gener- for Congress’ irresponsibility. But we made aware of the fact that the quit ous one. Sadly it is one which these can begin the process of bringing some rate for Federal employees is zero, charts illustrate is going broke. In the sense of financial sanity or reason back technically zero, after 10 years, zero, private sector on average Federal pen- to what is clearly a radically out of and it just so happens that the retire- sions are smaller and not as generous. balance system, one which is improp- ment system vesting is 5 years. And we Let me take one typical example. erly funded and would be criminal were know, if you live an any small town in Typically in the private sector retire- it judged by the standards we apply to this country that when the job opening ment age is 62, and if some employee private employers. occurs in a Federal position, people in chooses to take early retirement, they I thank the gentleman. towns and cities across this country get a reduced pension. By comparison, Mr. GUTKNECHT. Mr. Speaker, I fall all over themselves to get these po- in the Federal system the retirement thank the gentleman from Arizona sitions, and it seems hard for me to be- age is not 62, but is rather 55, and al- [Mr. SHADEGG], and I think the gen- lieve, and perhaps you would agree though that is a significantly younger tleman from New Hampshire had a with me, that this is particularly dif- age than would be comparable in a question that he wanted to pose. I ask ficult working conditions or tough em- good private sector plan, they get not a the gentleman from Arizona if he ployee—you know, that the pay and reduced pension at age 55, but a full would stay there for a minute and have benefits is—would create a situation in unreduced pension at age 55. a little discussion. which there would be a large supply, But perhaps though a shocking com- Mr. BASS. Those of us who have been but very little demand. It seems to be parison is the one between COLA’s at involved in the private sector, as we the opposite of that, and certainly, as I the Federal level and COLA’s within have, I was intrigued by a comment recall, the average pension for Federal the private system. Federal pensioners, that the gentleman made. Certainly employees is over $1,500 a year, and a as I mentioned, have now gotten into a Federal employees are good employees, Social Security recipient receives—ex- system where they receive, and have and they do important jobs and do the cuse me, over $1,500 a month—and the become dependent upon, annual, auto- work of the Government. But I heard average Social Security recipient re- matic COLA’s, and they are keyed to you say, and I think you should repeat ceives less than $600 a month. There is the Consumer Price Index at the rate it for everyone’s benefit, that most certainly a disparity, so I am sure the of 100 percent; that is, the CPI dictates small businesses do not have any pen- gentleman from Arizona would agree that the COLA is 100 percent of the sions at all. You have your IRA, you that it is important to compare apples Consumer Price Index. By contrast, in have whatever you can save, and you to apples here in the way the real our committee, the Government Re- do not know whether you are going to world—most of America exists in this form and Oversight Committee, we re- have a job next Monday, let alone next world, which is in the private sector, cently had testimony from a witness year. working for small businesses where talking about the Dupont Corp’s Mr. SHADEGG. I mean indeed that there are no pension plans at all. COLA’s and about their pension plan. is, in fact, true, and it is not something Mr. SHADEGG. There simply is no In the private sector that testimony that I think is a great attribute, but in question but that we owe it to the Fed- established that COLA’s are given not point of fact only large employers in eral employees to create a fair system, automatically, but rather when called America provide pension plans. Many and I do not think they are asking us for. They are not given annually each of them do not even do that. While we for any more than that, but we owe it year, and they are not given at a level might all wish that the small employ- to them, and we owe it to the tax- of 100 percent of the Consumer Price ers of America, which make up the payers, to make sure that that fair sys- Index. On average they are much closer backbone of America, could establish tem is comparable to what would exist to about 50 percent of the Consumer this kind of plan, they simply cannot, in the private sector and is funded. If Price Index, and that is in generous and in those jobs, and in people work- we could pass a law like ERISA and say plans that go well, and that does not ing for small businesses across Amer- to a private employer it is a crime for even mention the plan that in many in- ica, all too often are, or at least in al- you to underfund your program, and stances the private sector employers do most all cases, those employees are you cannot even establish your pro- not even provide a retirement plan. asked to be responsible and to look gram without our approval and your The bottom line here is we have had after their own retirement. They get proof that it is funded, then we owe it 26 years of out of control Federal Social Security, but they are expected to the public sector employers, em- spending. The taxpayers cannot be re- to look beyond that and to fund it ployees, and to the taxpayers who foot sponsible for irresponsible planning by themselves. that bill to do the same and to live up the U.S. Congress. We cannot continue We have done, and I think we should to that standard. to defer our responsibilities to future do, the responsible thing by Federal Reform is necessary; that is evident. generations. What we have got here ul- employees, to establish a system which The subsidy of $1.6 billion a month, timately is a moral problem, a moral assists them in this way, a system over $18 billion a year, 10 percent of the problem of asking our children and our which is comparable, or should at least annual deficit, is something simply we grandchildren to pick up the tab for be comparable, to a private sector sys- cannot ignore, we cannot shut our eyes our refusal to pay for what we have tem, but we cannot promise them radi- to it, and we have to get down in the promised, and that is the bottom line. cally better than the private sector trenches and discover a fair—and nego- No one is asking the Federal employ- system especially if we do not fund it, tiate, come to a reasonable solution to ees to share the burden of solving this and indeed we cannot fairly ask the this problem. entire problem. That would not be fair taxpayers of America to fund a system I thank the gentlemen and com- or responsible, but what we do need to which gives benefits way in excess of pliment them. do is move toward a more reasonable what even the best private sector em- Mr. GUTKNECHT. I want to point balance between the funding of this ployers provide. out just a couple of things before I system and the benefits which are pro- Mr. BASS. Well, I am sure the gen- yield to the chairman of the Civil Serv- vided, and every day that Congress tleman from Arizona [Mr. SHADEGG] is ice Subcommittee about this chart. I fails to act in that way, every day that aware of the fact that in the course of assume that those numbers are in con- we continue to allow this kind of irre- our committee hearings we heard sig- stant dollars, and if we see an inflation H 4020 CONGRESSIONAL RECORD — HOUSE March 30, 1995 rate into the future, we could see those named chairman of the Subcommittee tribution, to 91⁄2 percent in a period of numbers significantly worse in terms on Civil Service. The bad news is I am 3 years. I would like to have projected of total numbers than they are, and I responsible for the retirement system it out even further, but be thought that think that is one of the real scary for Federal employees. And the further was a reasonable approach. facts. If this is in constant dollars, how bad news is that we have a $540 billion We did not touch COLAs. We did not bad can things get if the inflation rate Federal unfunded liability to that fund. touch potential 2 percent pay in- begins to pick up again into the future? Now, we really have two problems in creases. We did not touch locality pay. And again, just to stress, this is not addition to what I just described, and We did not change the terms of retire- about punishing Federal employees. again I have described a half a trillion ment. The mistakes have been made, but I dollar unfunded liability. We have an Now, what we did was we adjusted think the Representative from Arizona annual outflow, and I think these this $19.8 billion annual outflow from made such a good point about ERISA. charts show it. Right now, it is $19.8, the Treasury. Now, that did not do You know we have very strict regula- between $19.7 and $19.8 billion a year anything really do adjust the unfunded tions on privately run pension plans, from the General Treasury to support liability. The only thing that we did and my sense is that whether there not the unfunded liability but to make that affects benefits or any calcula- would be indictments I do not know, this solvent on a month-to-month and tions in any way is we changed cal- but there certainly should be an inves- year-to-year basis. tigation if Congress had been covered It would be bad enough if this $19.8 culating what is now the high 3 years by the ERISA laws over the last num- billion was just for this year, but the of service, the amount that an individ- ber of years in making these promises projections you have seen and they ual earns, to the high 5 years. That without funding them. have shown you from these charts are does make a small dent in the un- With that, Mr. Speaker, I would like absolutely startling. In fact, the sys- funded liability. to yield to the chairman of the Civil tem, the old system, and I will describe so we addressed the annual outflow Service Subcommittee, the gentleman that in a second, runs out of money in again of the $20 billion. We did it fairly. from Florida [Mr. MICA]. the year 2008 by the projections of this We increased it gradually. We put part Mr. MICA. Mr. Speaker, I thank the administration. of the burden, about half of it, on the gentleman from Minnesota [Mr. Now let me back up, if I may, and Federal employer. We put about half of GUTKNECHT] for yielding, and I just tell you a little bit about the retire- it on the Federal employee. That is all want to make one comment to the ment system from a historical perspec- we did. Speaker and also to my colleagues in tive. First of all, we had a Civil Service We did not propose, again, any cuts the House. Retirement System, and that is known in COLAs or any other benefits, and I You know the regular order of busi- as CSRS, and that existed until about am really irritated by some of the em- ness of the House of Representatives 1985. Most of the employees who are in ployee groups that have sent out a has concluded, and we are involved in retirement, about 11⁄2 million Federal message to the contrary. We tried to special orders this afternoon. Some of retirees are in the old CSRS system. act as a new majority in this Congress the Members are already on their way I will say that the Congress recog- in a responsible fashion to get this to their families or back to their dis- nized in 1984, 1985 that there was a House in order. tricts for the weekend. growing problem and an unfunded li- Now, let me say that I recently saw b 1600 ability and the program was out of con- the opposition circulate, the opposition We concluded the normal business, trol, just as they have recognized from to my proposal circulate a letter from but, you know, sometimes you get dis- time to time we have the same problem CRS [Congressional Research Service], mayed about the process here in Con- with Social Security. So what they did that tried to justify that there was no gress. But I have to say that I want to is they created a new program, and need to take any action, that all this commend the gentleman from Min- most of the Federal employees from will work out. nesota [Mr. GUTKNECHT], the gen- 1987 forward, about the last 8 years, all I am taking here, and this is not as tleman from Arizona [Mr. SHADEGG], belong to part of that new program. It fancy as the new Members of Congress and the gentleman from New Hamp- is called FERS or Federal Employee have proposed, a page from the Office shire [Mr. BASS], who serves as vice Retirement System. So we have two of Personnel Management Annual Re- chairman of the Subcommittee on Civil systems. port. This is 1993, produced by the ad- Service which I chair. These are three However, they combined all of the re- ministration. Now, they say here $540 new Members of Congress, and my col- tirement funds into one fund, one re- billion unfunded liability. tirement trust fund. What they did not leagues, Mr. Speaker, and the Amer- Now, we could call this a rose, and by do in 1985 and what we have a difficult ican people can take heart that we any other name it is still a rose. This time sobering up to do and this Con- have representatives like this that will is $540 billion unfunded liability, no gress will not face up to the respon- stay to discuss this issue. matter how you cut it. sibility right now of is making certain Now, this is not the juiciest issue to Now, you want to hear the really bad come before the Congress, and it does that we meet the financial responsibility on a year-to-basis and then also do news? They say that there is plenty of not have people clamoring in the money coming in and that there is rafters, but this shows you the caliber, something about this potential unfunded liability. money in reserve. Guess what I found the dedication that we have now serv- out when I checked into where the re- ing and level of responsibility we have I proposed, and, you know, we have serves are? Ninety-seven percent of the serving in the House of Representa- heard many things commented on by reserves of the employee retirement tives. I, as chairman of the Sub- public employee groups and others that fund are really in nonnegotiable instru- committee on Civil Service, did not Chairman MICA has proposed this bad initiate this. These new Members initi- thing or this cut or that cut and he is ments, really instruments of indebted- ated this because they wanted to bring going to cut COLAs. Let me tell you ness of the U.S. Treasury. to the attention of the House and the what I came up with as a solution and So if the public employees look in American people one of the things that recommended to our Subcommittee on there or retirees look in there, there is we uncovered. Civil Service. no real solid basis for this. And this You know, we have a new majority I said, well, we have this $19.8 billion Congressional Research Service report here, and we found many things in the annual outflow from the Treasury, said that there is no problem. That was past month, 2 months that have been about $20 billion. Why do we not have produced by the opposition to our plan, swept under the table. This clearly is the employees increase their contribu- says, well, we do not have to worry be- something that needs the attention of tion? And we do not do it all at once. cause it is funded by the taxpayers. this Congress and that needs action on We propose to do it, I propose to do it, Well, that is the problem, and this a bipartisan basis to resolve. I propose to do it 1 percent, a half a situation is a microcosm of the bigger I have been told that the good news percent, then another percent so we get situation. We do not have to worry is I am in the majority and I was up to, from 7 percent, the current con- about it. We do not have to worry March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4021 about the debt of this Nation. We do budget or in this little microcosm, the The way we dealt with pension policy not have to worry about waking up to- retirement system. back in Minnesota was with a biparti- morrow and having our dollar, like the So I urge my colleagues to act re- san from the house and senate, a bipar- peso was worth 60 cents on a dollar, be- sponsibly, to work in a bipartisan fash- tisan pension commission. I hope that cause it is funded by the taxpayers. ion. And the thing about this is, let me one day perhaps we can look at that for But this bait and switch, this failure to tell you that this is not the end of the here at the U.S. House of Representa- face up to reality, will catch up with story. There is more to this story, be- tives, the U.S. Senate, some kind of a us. cause we are going to still have to bipartisan group that can meet to- Now, I could ignore this. I do not like come back and address this unfunded gether and work out long-term strate- being politically unpopular with Fed- liability. gies and put these programs on a long- eral employees or retirees. I do not like It is my determination as Chairman term fiscal solvency basis. Because I the marching on my office or saying of this Subcommittee on Civil Service think what we have been doing or what that Mr. MICA is a heartless individual. to bring the fiscal house of this retire- has been done in the past is wrong. But the responsible thing for us to do ment fund in order. We will bring in Mr. MICA. Will the gentleman yield? and the responsible thing that these actuarials. We will bring in other indi- Mr. GUTKNECHT. Absolutely. new Members have done at this hour, viduals. We will calculate in now the Mr. MICA. Well, you know, again, I this late hour, is come forward on their downsizing of the Federal Government think that we need to approach this on own and said, we have a problem, we which we ask OPM that they calculate a bipartisan basis, that we need a reso- need to face up to this problem, we it in that the President is recommend- lution to this, that I do not like the need to resolve this problem. So this is ing 272,000 cuts. other side or anyone going and telling what we have done. This the Adminis- In fact, we took some of the funds employees that we are going to do tration’s proposal. out of the crime bill to fund the crime things that we are not going to do to Even the Administration in its budg- bill out of the budget, and we must cut them. et submission, and I just got through those positions. We have not calculated b testifying to the Committee on the in what the other body is saying, cut- 1615 Budget on this, has stated that we need ting half a million positions. We have Instead, they should be transmitting to do something to better reflect this. not calculated in what the White House information that we have a problem Now, what they do is play a game, and is saying as far as further reductions in and we need to deal with it. I am will- they propose that we shift the $19.7 bil- the scope or other Members of Congress ing, as chairman of this subcommittee, lion back to each agency’s budget. or even the freshmen Republican class and with this responsibility, an I know Well, we do that, but the $19.7 billion has come up to abolish four or five the gentleman from New Hampshire, still comes out of the taxpayer pock- agencies. They have not calculated in [Mr. BASS] extends the same invitation ets. the equation of these additional cuts. to meet with any groups at any time if Now, I said, let us be fair. Let us So this is where we are, and this is they have a better solution, if they make sure that we do not make the where we are going, and this is what we have a better way of working this out. same mistake that was made by our failed to do. However, we cannot be in a state of predecessors. Let us put this money But, again, I want to commend each denial. We cannot say this does not into a retirement fund and have some and every one of these new Members exist. We cannot ignore this and say it actual assets in the retirement fund for coming forward, for organizing this will go away. We have to act respon- and not play games with it. So we set special order, for setting in the record sibly. our house in order from this point for- of the Congress what the situation is, I might add also that I saw some- ward. what our commitment is, what we have thing from one of the Postal Super- So that was my proposal. That is proposed and what needs to be done. visors group that spoke in opposition what we have said. We have not, again, So, with that, I commend the gen- to what we are doing. We do not even proposed any damaging cuts. We felt tleman from Minnesota, Mr. affect the postal system. They are that there might be an opportunity in GUTKNECHT, and the vice chair of the taken out, and they do have, since they this Congress, even with the con- Subcommittee on Civil Service, Mr. have changed their status, they have straints that we are under, to keep our BASS, for their action, for their com- created a responsible system, a respon- commitments on COLAs. mitment to getting the fiscal house of sible contribution. They are not af- And no one has advocated stronger this Congress and this retirement fund fected. Their 800,000, 900,000 postal em- than I have in this House that if we do in order. ployees are not affected. We are not anything with COLAs we do it across Mr. GUTKNECHT. I congratulate the proposing any change there. This is the board and we limit increases. We do gentleman from Florida [Mr. MICA], be- only current Federal employees. not cut COLAs. We do not cut our com- cause, as the gentleman said, this is Mr. Speaker, again, this has not been mitment to people who have served not a particularly popular issue. We changed since 1972. It is not like they this Nation well or who have worked as are really talking about some facts and have been hit every year on this. I civil servants and deserve to see us figures that a lot of people do not want know they have taken some other re- keep our commitment. We do not do to hear and numbers and a program ductions, and it may not be fair, but anything that will harm these people that has been swept under the rug for the alternatives, I submit, are not very or the prior commitments of prior Con- so long. tasteful. gresses or commitments that we should In fact, when I went into the first Mr. BASS. Mr. Speaker, if the gen- keep. meeting and was briefed on what was tleman will continue to yield, as we So that is what we have done. I pro- happening with the Federal pension well know, on the Committee on Post poses the plan that you heard, again, plan, having served on the State pen- Office and Civil Service we listened to that would help solve a little bit of the sion commission back in Minnesota, I a number of days of testimony, mostly unfunded liability and the outflow on a was alarmed. And then when I went from Federal retirement groups. It is reasonable basis, it is now in the hands into the committee room I was angry. amazing to me that we are not in a po- of the Committee on the Budget. They I will tell you why. Because, first of sition and we are not willing at this are adopting, I hope, most of our pro- all, I was alarmed to see how big the point to all get together, retirees, Fed- posal, but it is not an easy thing. problem was and how the Congress in eral employees, and Members of Con- Politically, it is easy to ignore. No the past has just swept all of this under gress, to address these issues together. one wants to be disliked because they the rug. And I was angered because it We are not going to call a system are going to increase employee con- was clear to me when we went into that taxes the Federal Government on tributions. But I will tell you what it that committee room that this issue a monthly basis to the tune of $1.6 bil- is. It is the right thing. It is the re- was going to be a partisan issue. I lion, we are not going to say that that sponsible thing. It is the type of action think that is unfair to the taxpayers, system is fixed. We have to work to- that has been ignored too long by this and I think it is unfair to the Federal gether, Federal employees, everybody Congress, whether it is in its entire employees. who receives a retirement check, and H 4022 CONGRESSIONAL RECORD — HOUSE March 30, 1995 those of us who are concerned about pensions. Maybe we should not have of New Hampshire gets in a whole year this program, because one day, as we any pensions at all. from the Federal Government. say from those charts, when the cost of Last year I joined the gentleman Mr. MICA. Mr. Speaker, will the gen- this programs reaches $160 billion a from North Carolina, HOWARD COBLE, tleman yield? year, Uncle Sam just is not going to be four of us, that said ‘‘Let’s forgive our Mr. GUTKNECHT. I think our time is there to pay it. pension. Let us not take a pension.’’ about up, Mr. Speaker. I just want to Who is going to pay the price for that That is a good way to start. Let us lead say a few words. in the end? It is going to be all of us. by example. You know, how can we First of all, I want to thank the gen- It is going to be the Federal employees, possibly justify haveing a special pen- tleman from New Hampshire, Mr. Federal employees who are entering sion program for ourselves? We have to ZELIFF and Mr. BASS, and the gen- the work force now. They are going to get that back in line to start with, to tleman from Arizona, Mr. SHADEGG, for be the ones that will not get a retire- lead by example, and then we have to joining me today. ment check, because we will not have go with the Federal retirement system I would just say that I could have the money to pay for it. that is costing $1.5 billion a month, $19 been on a plane on my way home right Mr. Speaker, I want to commend the billion a year. That is real hemorrhag- now, but I think this issue is so impor- chairman of the Committee on Civil ing. tant, and I think it is a microcosm of Service for taking on this issue. It is a What we can start out with, Mr. all of the problems we have with Fed- difficult issue. I’s sure we all have both Speaker, is we can at least start out eral spending today. The old way that retirees and Federal employees in our with, instead of the best 3 years, go to Washington did business was to just districts who do not like to hear this the best 5 years. We can start adding a sweep all of this under the rug and pre- kind of thing. However, believe me, we little bit more, whether we get to the tend that it did not exist. are working for the future of each and whole $19 billion or not. We can at Last November, I think the American every person who is paying into the least make an effort to get started. people sent a whole new group of peo- system now and who will benefit from Mr. Speaker, this is one great place. ple here to Washington who would it in the future. Last year I started a little concept change the way Washington does busi- Mr. ZELIFF. Mr. Speaker, will the called A to Z. The gentleman will re- ness. I am proud to be a part of that gentleman yield? change. And, it would be much easier member that. That is what we asked Mr. GUTKNECHT. I yield to the gen- to ignore this problem, to sweep it for. We asked for 10 days to do nothing tleman from New Hampshire. under the rug, but I think the Amer- but cut spending, to do it in front of Mr. ZELIFF. Mr. Speaker, I thank ican people and the Federal employees the whole world to watch and judge us, my colleague from New Hampshire, as deserve better, because as I said ear- as we did our work here. well as my colleague from Rochester, lier, we have mortgaged the future, and Let us take a look at some 1,200 pro- MN. What a great thing it is to be our children are going to have a very grams. Let us get rid of those programs working with the gentleman from New difficult time making the payments that do not work. Let us keep the pro- Hampshire, and with the good work with that. grams that do work. This is one pro- you are doing on the Committee on the Mr. Speaker, I’m going to yield for gram we have to get back on track. Budget. the last word to the chairman, the gen- I applaud all of you. I’m sorry I was As a businessman, a former business- tleman from Florida [Mr. MICA]. man that has been involved for the last detained at another meeting. I applaud Mr. MICA. Again, I do want to thank 35 years of my life, Mr. Speaker, not you, Mr. Chairman, for the work, the again particularly the new Members, only with the DuPont Co., running the hard work, that you have done on this and also my colleague, the gentleman thing. We look forward to the debate as Xerox antifreeze business, but in our from New Hampshire [Mr. ZELIFF], for own small business, a country inn up in it now moves forward. Hopefully we are their leadership on this issue; for com- the White Mountains, I would like to going to be able to do some very solid ing forward, for taking time to address say, Mr. Speaker, when we look at gov- pension reform. this. ernment and we look at this monster, Again, it has to start with us first. This is not kind of the fun thing, it is we look at things like the fact that we We have to lead by example. We have not the fancy thing that will make the are $4.7 trillion in debt, we are going to to cut ours and make ours more in line headlines, it is not the exciting issue, add another $1 trillion to our debt over with what everybody else out there is but it is the responsible issue. We came the next 5 years. We look at the fact dealing with. here, I think I came here—I have only that the interest on the debt is roughly Mr. BASS. If the gentleman will con- been here 27 months, from the business 16 percent of the total available re- tinue to yield, Mr. Speaker, of course community, to try to apply some busi- sources. Sixteen percent, as a business you know, coming from the frugal ness principles to what I saw here in guy, I could not carry that with my State of New Hampshire, that we have Congress. business. a constitutional amendment that pro- I think you have also set a standard If we look at the fact that in the year hibits our State employees retirement for doing that in particularly the fresh- 2003 Medicare is going to go broke, in system from operating with any un- man class. Again, acting in a respon- the year 2029 Social Security is going funded liability whatsoever. It is not a sible manner to try to bring our fiscal to go broke, in the year 2012 we are law, it is a constitutional amendment. house in order, we are not here to im- only going to have enough money to We also have an independent board pose any penalty, any tax on our Fed- pay for the interest on the debt and the that governs the employer-employee eral employees, but we want to work cost of entitlements, the red lights are contribution, the investment policies with them in a cooperative effort to going off all over the place. From a and so forth, of our State retiree sys- bring their house, their house into business point of view, we have to say tem, and the result has been that we order, and the fiscal house of this Na- ‘‘Whoa, what are we going to do about have never had a problem that even ap- tion into order, because we can’t con- it?’’ proaches—we never had any problem tinue to spend the way we are spend- What we are going to do about it, we with an unfunded liability. ing. are going to stop the hemorrhaging, $1.6 billion a month, as the gen- We can’t continue to sweep these stop the bleeding. One of the ways to tleman from New Hampshire well problems aside and ignore these prob- stop the bleeding is, hey, why should knows, is just about what the State of lems. We’ve got to address these prob- we have, if we are going to be a citizen New Hampshire receives from the Fed- lems, face up to these problems, and form of government, we are going to be eral Government in an entire year for look for sound solutions to resolve down here—and I voted for limited every service that the State gets: Med- these problems. terms, for the 12-year version, as you icaid, food stamps, highway and bridge I will tell you, I have sat on cor- all have, as 83 percent of the Repub- repair, everything. Yet this program, porate boards, and in a corporate licans voted for, versus 83 percent of this Federal retirement program, is board, if these facts were brought be- the other side voted against—we have costing the taxpayers of this country fore us it would not take us more than to not take as much money out in our more in a month than our home State 15 minutes to make a decision on how March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4023 to face up to this. Mr. Speaker, the al- Social Security, of course, is off the and flight-free zones over specific parks. My ternative in the private sector would table. There is no fund on hand, as the bill would also address additional safety con- be, again, you would go to jail, because gentleman well knows, for Social Secu- cerns by requiring short-term sightseeing you would violate the ERISA laws and rity, which is our largest unfunded li- flights which begin and end at the same air- standards set up by this Congress. ability, if you will, in certain senses. port and are conducted within a 25-mile radius The only difference is this is a public But I am disappointed, Mr. Speaker, to comply with stricter Federal Aviation Admin- entity, so we are not here to impose that I was unable, given the timeframe, istration [FAA] flight standards. any harm, we are not here to impose to participate in this debate. This is a Currently, the FAA has in place emergency any tax, we are here to say that, you good debate. This is a debate we ought regulations for commercial air tour operators in know, the piper must be paid; that we to have. My friend, I understand, men- Hawaii requiring a 1500-foot minimum standoff can’t continue robbing Peter to pay tioned that earlier. distance or above-ground-level, implemented Paul in this fashion, that we must act I am fully prepared to participate in in October, 1994. FAA promulgated these reg- in a sensible, responsible fashion. that debate. What I am, however, con- ulations in response to a significant increase With that, Mr. Speaker, again, I cerned about is that a system that af- in the number of air tour crashes in Hawaii, in- thank you for bringing this to the at- fects 2 million people is being rushed to cluding two in July 1994Ðone resulting in tention of this Congress, and for the judgment without having the ability to three fatalities. The regulations also included RECORD, that we, and I as the chair- get the votes in your committee. additional measures to improve safety within man, and you as members of this Gov- The markup was adjourned. It now is the industry: thorough self-review, use of flota- ernment Reform and Oversight Com- before the Committee on Rules and in- tion devices such as pontoons and lifejackets, mittee, we saw the problem, we identi- cluded in your tax bill to pay for your pre-flight safety briefings, and mechanical rec- fied the problem, we proposed a solu- tax cut. ommendations for the operation of air tour ve- tion, and we are committed to work b 1630 hicles. with all the Members of this Congress Despite these regulations, many of my con- to try to bring, again, this important I regret that the time has expired, stituents continue to report tour helicopters fly- responsibility that we have, that we but I look forward to discussing with ing and hovering at low altitudes near their are cast with, into some order, into my colleagues this issue. It is an im- homes and over the parks. The FAA has re- some fashion, and so that people look portant issue. ported 20 enforcement actions raised against back and they say, ‘‘You know, what I believe the facts will show that air tour operators for violations of the regula- did they do in 1995? Did they ignore there is not the depth of the problem tions. For these reasons, the need for my leg- this, or did they find a solution?’’ that I think my colleagues perceive islation is even more necessary. Similar legis- We propose that solution, we offer it and that there are ways and means to lation has already been put into place and to the Congress. We hope they won’t solving the problem, without getting successfully implemented for air tour operators play politics, that they will be out large sums by putting a tax on existing at Grand Canyon National Park. there with public employees and others Federal employees, which averages It is indisputed that Hawaii's commercial air stirring up the pot, and saying, ‘‘No, about 10 percent in the coming 2 to 3 tour industry is an integral part of the State's no, no, this will go away,’’ because I years. economy. However, the industry must be re- tell you, Mr. Speaker, this will not go I thank my colleague for yielding. quired to improve its standards of safety and away. It must be addressed. We must f noise control for the good of the State's resi- have responsible leaders and respon- dents, visitors and natural resources. sible actions, just as you have outlined INTRODUCTION OF LEGISLATION TO RESTRICT FLIGHTS OVER I urge my colleagues to support and take here, and just as you present in the swift action on my legislation. fashion that you have in this special CERTAIN AREAS OF HAWAII’S order tonight. NATIONAL PARK SYSTEM f I personally thank you. I thank you The SPEAKER pro tempore [Mr. on behalf of our subcommittee and FOX] of Pennsylvania]. Under a pre- BOB JOHNSON: A GIANT IS GONE committee, and I thank you on behalf vious order of the House, the gentle- The SPEAKER pro tempore. Under a of a future generation of Federal retir- woman from Hawaii [Mrs. MINK] is rec- previous order of the House, the gen- ees and people that are in the system ognized for 5 minutes. tleman from Texas [Mr. BRYANT] is rec- now and counting on us to act in a re- Mrs. MINK of Hawaii. Mr. Speaker, the air ognized for 5 minutes. sponsible fashion. tour helicopter industry in the State of Hawaii Mr. BRYANT of Texas. Mr. Speaker, Mr. HOYER. Mr. Speaker, will the has recently experienced tremendous growth one of the giants of Texas government gentleman yield? that is forecasted to continue. Helicopter tours is gone. As I speak, Bob Johnson, my Mr. GUTKNECHT. I yield to the gen- provide a unique opportunity to view the natu- friend and a dedicated servant of the tleman from Maryland. ral beauty of parts of my State, especially the people of Texas, is being laid to rest in Mr. HOYER. Mr. Speaker, I appre- distinctive characteristics of Hawaii's national the Texas State Cemetery in Austin. ciate the gentleman yielding. Frankly, parks. The elderly, disabled, and others who Although Bob Johnson served four Mr. Speaker, I have been in committee would otherwise be unable to see the parks terms in the Texas House of Represent- and did not know there was a special on foot are enabled by helicopters. atives, his greatest service was as di- order on this issue. However, despite these advantages, noise rector of the Texas Legislative Council Mr. Speaker, the gentleman says he disturbances in the parks have increased with and parliamentarian of the Texas would like to work together. It would the growth of the industry that have agitated House from 1963 to 1980 and par- have been nice if we had had somebody hikers, campers, adjacent residents, and na- liamentarian of the Texas Senate from here who perhaps has a little different tive animal species whose precious habitat is 1991 until his death on March 27, 1995, perspective than the gentleman from being conserved by the parks. A balance must at the age of 66. Florida. As he knows, a number of be struck between the helicopter industry and The offices he held, however, do not studies have been done within the past those rightfully wishing to enjoy the parks, tell the full story of Bob Johnson or of few weeks which indicate that the which my legislation seeks to achieve. his importance to my State and to problem of which the gentleman has I am reintroducing legislation that would those who have served it. spoken, apparently for about an hour, apply specifically to overflights above Although he sat at the left hand of does not exist. Haleakala National Park, Hawaii Volcanoes the Speaker—a critical adviser to the That is not to say that we don’t con- National Park, Kaloko Honokohau National presiding officer both on and off the tribute $19.8 billion a year. We do. We Historic Park, Pu'u Kohola Heiau National His- floor—during my tenure in the Texas contribute that money, as all of you toric Site, and Kalaupapa National Historical House of Representatives at a time know, for the purposes of funding a re- Park. when some of my colleagues and I led a tirement system for our employees. I My bill applies to helicopter and fixed-wing vigorous opposition to the leadership, understand the gentleman has been flights over the designated park system units he was always honest, straightforward, very concerned about saying we ought in Hawaii through the establishment of an and as helpful to the forces for reform to have a fund on hand. above-ground standoff altitude of 1500-feet as to those in control. H 4024 CONGRESSIONAL RECORD — HOUSE March 30, 1995 Bob Johnson was to Texas State gov- huge in his contributions to his State PERMISSION FOR COMMITTEE ON ernment what great teachers are to and to those entrusted with making it GOVERNMENT REFORM AND schools. work for the people. OVERSIGHT TO FILE REPORT ON He taught hundreds, perhaps thou- Mr. HOYER. Mr. Speaker, will the H.R. 1345, DISTRICT OF COLUMBIA sands, of legislators, their staff mem- gentleman from Texas yield? FINANCIAL RESPONSIBILITY AND bers, and other State officials the im- Mr. BRYANT of Texas. I yield to the MANAGEMENT ASSISTANCE ACT portance of learning well, of studying gentleman from Maryland. OF 1995 hard, of playing by the rules, of keep- Mr. HOYER. Mr. Speaker, I thank ing one’s word, of surviving defeat, and the gentleman for yielding. Mr. GUTKNECHT. Mr. Speaker, I ask of winning gracefully. Mr. Speaker, I share his regret and unanimous consent that the Commit- Bob Johnson was a teacher, a coun- appreciate the gentleman’s remarks. I tee on Government Reform and Over- selor, and a friend. appreciate him giving me the minute sight may have until midnight tonight He was as honest and sincere in his left. to file a report on H.R. 1345. advice to those with whom he dis- For 1 minute, let me say that the The SPEAKER pro tempore. Is there agreed as he was to those with whom issue of Federal pensions is a serious objection to the request of the gen- he agreed—to Democrats and Repub- issue, and it ought to be dealt with se- tleman from Minnesota? licans, liberals and conservatives. And riously. Mr. HOYER. Mr. Speaker, reserving his advice was consistently excellent In point of fact, we are at a time now the right to object, I rise to note that on matters of policy, procedure, and where the majority party is proposing the minority is not going to object. law. He was a pro. a major revision in the Federal em- But let me say we do want to raise a He was patient beyond measure in ployees’ pension program with less serious issue, that although this has than 2 days of hearings, a markup that counseling the young, whether they been discussed with the minority, and I was scheduled on the 3d or 4th or 5th were staffers fresh from college or nov- know it would not have been brought day after the 2d day of hearings. That ice legislators. He valued loyalty and up, I presume, without such discussion, straightforwardness. markup was adjourned without resolution and without any motions with ref- this is a very unusual procedure to Bob Johnson was big and tough. But bring up a unanimous consent request he was both a gentleman and a gentle erence to the proposal and has now gone directly to the Rules Committee other than for speaking time in the pe- man. riod of time for special orders. When Bob Johnson retired from gov- in the Republican’s tax package for the The minority, and I speak specifi- ernment service in 1980, only to be purposes of paying, as said by the cally, for the gentlewoman from the lured back in 1991 by his dear friend of chairman of the Committee on the ORTON], 40 years, Lt. Gov. Bob Bullock, the Budget, Mr. KASICH, $11 billion of the District of Columbia [Ms. N Houston Chronicle reported: bill to cut taxes on wealthier Ameri- does not want to slow up this legisla- cans. tion. This is obviously very important No one could say of Bob Johnson that he Now, the fact of the matter is what it sat on the sidelines and watched life go by. legislation. We understand the major- He may be one of the waling testimonies to does is it increases the taxes on aver- ity’s moving this legislation. But we do the Madison Avenue phrase that you only go age Americans who are Federal em- want to register our concern that this around once in life, so grab for the gusto. ployees by approximately 10 percent. unusual procedure be an exception and He’s a ditch digger turned truck driver That is not fair. not a practice. We do not intend to ob- turned football player turned professional Furthermore, it is my understanding ject at this time. rodeo cowboy turned legislator turned par- the gentleman from Florida, the chair- Mr. GUTKNECHT. Mr. Speaker, if liamentarian and legislative staff member man of the committee, who is my the gentleman will yield, those com- and, soon, turned lawyer-lobbyist. friend and who has talked to me about Not to mention farmer, rancher, hunter this, wants to consider this matter in a ments are noted, and we appreciate the and all around gusto-grabber. responsible fashion. cooperation. Governor Bullock and others with I take him at his word. We ought to Mr. HOYER. Mr. Speaker, I withdraw whom he served in the Texas Legisla- not have this in the tax package. We my reservation of objection. ture from 1957 to 1963 called him Broth- ought to take it out of the tax pack- The SPEAKER pro tempore. Is there er. And he was a brother to so many in age. It is not necessary to fund the tax objection to the request of the gen- every sense. Many of us who met him bill, and we ought to have hearings on tleman from Minnesota? later looked upon him as a father-fig- it. We ought to come to grips with the There was no objection. ure and mentor. Some called him Big facts on it. We ought to see who is cor- Daddy. rect, and then we ought to dispose of f Even today, as he is laid to rest in this issue. the Texas State Cemetery beside some I am not afraid, as an advocate of COMMUNICATION FROM THE HON- of the most renowned figures in Texas Federal employees, to look at the ORABLE JOHN R. KASICH, MEM- history, it is hard not to smile when I facts, to analyze the facts, and to argue BER OF CONGRESS think of Bob Johnson lumbering over what we ought to do to be fiscally re- The SPEAKER pro tempore laid be- to me in the House Chamber, throwing sponsible. But what I am an opponent fore the House the following commu- an arm around my shoulder, chiding of is rushing this to judgment which I nication from the Honorable JOHN R. me gently or encouraging me in just think is very unfair, unwise, bad pol- KASICH, Member of Congress: the right way with caring charm and icy, and certainly is going to under- good natured wit. HOUSE OF REPRESENTATIVES, mine the morale and the promise that COMMITTEE ON THE BUDGET, Bob Johnson’s name is not a name we have to our Federal employees. Washington, DC, March 29, 1995. that is kown to most Americans or I understand the gentleman from Hon. NEWT GINGRICH, even most Texans, but he has certainly Florida said that he did not want to Speaker, House of Representatives, Washington, earned a place in our history and in our undermine those who had given service DC. hearts. to their Government. These folks have. DEAR MR. SPEAKER: This is to formally no- He was universally loved and re- To act in this precipitous fashion, in tify you pursuant to Rule L (50) of the Rules spected. I will never forget him or that my opinion, respectfully to the gen- of the House that I have been served with a he taught and prodded me to do better tleman from Florida, does in fact un- subpoena issued by the Municipal Court for in my job. dermine our relationship to our em- Manville, New Jersey. For almost 40 years, Bob Johnson ployees. I would hope that we do not After consultation with the General Coun- sel, I have determined that compliance with was a fixture in the Texas Capitol. take this action. the subpoena is not consistent with the He fit especially well in that colossal I thank the gentleman from Texas privileges and precedents of the House. building, symbolic of our expansive for yielding the time. Sincerely, State, both of which he deeply loved. Mr. BRYANT of Texas. Mr. Speaker, JOHN R. KASICH, He was a giant, large in stature and I yield back the balance of my time. Chairman. March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4025 THE SANCTITY OF LIFE AND They came across the DMZ. They ease, and they used it brilliantly to their ad- OTHER REMEMBRANCES were smashed back, but it was a pre- vantage to promote the homosexual cause.’’ cursor for the roll-up of the whole of The House Government Reform and Over- The SPEAKER pro tempore. Under a sight subcommittee on civil service has previous order of the House, the gen- South Vietnam that started 20 years ago this month and ended with the fall begun a preliminary inquiry, a staffer said. tleman from California [Mr. DORNAN] is ‘‘These are things that really don’t belong recognized for 5 minutes. in the adjoining country of Phnom as mandatory training and have nothing to Mr. DORNAN. Mr. Speaker, a few im- Penh, which at the time had a U.N. do with AIDS in the workplace,’’ the staffer portant items by way of a kind of a seat, still does, the fall of Phnom Penh said. weekend or the end of week on the get- on the eve of the 230th anniversary of House Speaker Newt Gingrich of Georgia away Thursday cleanup of some things our Paul Revere Ride to freedom on the may take a look at the program after the that I think bear mentioning for us all 17th of April. Phnom Penh, Cambodia, ‘‘Contract with America’’ is completed, said his spokesman, Tony Blankley. to think about over the weekend. fell with great loss of life, and the killing fields and the Khmer Rouge com- ‘‘It sounds like the typical hideous things If I were going to put a title for our that liberals do,’’ Mr. Blankley said. Official Reporters of Debates on this, I munist holocaust began. Vietnam ended 20 years ago on the But the White House defended the pro- think I would call it The Sanctity of gram, which was targeted to reach 2 million Life and Other Remembrances. 30th of April. That 20th anniversary is federal employees and is due to end in the Under the other remembrances, coming up. The next day, we have the coming days. President Clinton signed an ex- today, it is moved on the wire services tragic vote in this Chamber. It was a ecutive order creating the program in Sep- that San Francisco is going to estab- year and a half before I got here or I tember 1993. lish sister city status with Ho Chi would have weighed in on the debate. ‘‘It went very well and was very positively Minh City. Some day, Ho Chi Minh We turned our back on the evacuation received,’’ said Richard Sorian, spokesman money to save those people in South for the White House National AIDS Policy City under a free Vietnam will be re- office, which coordinated the far-reaching named Saigon, its traditional name. Vietnam who were not corrupt and that was the majority who didn’t un- network of ‘‘training-the-trainer’’ sessions Just a Stalingrad, the scene of Rus- and education. ‘‘There’s been very good feed- sia’s great turnaround battle, the derstand what communism was and back from employees. We’re very pleased.’’ U.S.S.R.’s great battle, in spite of the what freedom was. He said he could not defend the conduct of history attached to the siege of Stalin- b 1645 every trainer but believes the education will grad and their victory, which began the be effective in preventing AIDS. So San Francisco continues to insult rollback of Nazism but the continued Mr. Sorian said there is no program cost the 48,000 plus names on the wall, 47,600 growth of communism, in spite of that for the ‘‘Federal Workplace AIDS Education that died in combat, and as one of the Initiative’’ because the training was traditional city’s title, it was changed soldiers of that period said, the beat bankrolled from each department’s existing after communism fell back to goes on. As a matter of fact, that was budget for worker education. Volgograd. Congressman SONNY BONO’s written Conservative groups have criticized the The greatest change of all, since song. initiative as ‘‘pro-gay.’’ there are still American professors in The Washington Times yesterday pub- Then there are two other items on our colleges apologizing for Karl Marx lished excerpts from government training front page stories in the great Wash- and still for Lenin, Leningrad is manuals that tell instructors to break down ington Times yesterday and today, to- changed back to its traditional title, any resistance to the teaching based on reli- day’s story quoted me. Listen to this, was a particularly joyful day, because gious beliefs. Mr. Speaker, and the 1.3 million people The documents portray people opposed to now we refer to it with a Christian watching this Chamber on C–SPAN. condom distribution in schools as ‘‘par- title, Petrograd or St. Petersburg. Yesterday in a breakthrough story, it tisans.’’ They tell teachers to use Actually, St. Petersburg is what used was uncovered that the training pro- nonjudgmental words such as ‘‘sex partners’’ to be called Leningrad, the second larg- grams for Federal employees on AIDS instead of ‘‘husband and wife,’’ and ‘‘inject- est city in Russia, and was the second ing drug user’’ instead of ‘‘addict.’’ were really a masking of pro-homo- largest city when it was 15 so-called Trainer candidates had to discuss their sexual programs. states under the USSR. views on ‘‘homosexuality for my child’’ as I will submit those two headlines and I think San Francisco still has a lot part of a scoring system to see if they were I will also submit an AP story, Mr. to learn. I do not know if they are still suitable. Speaker, on what I had predicted night Critics claim the test was designed to ex- a nuclear-free zone, but it is tragic to before last, that the Pope’s encyclical clude all but pro-gay trainers. take the city named after the gentle on the sanctity of life called Some federal workers—who, for fear of re- Saint Francis of Assisi and have sister- Evangelium Vitae, the Gospel of Life, prisal, spoke only on the condition that they hood with a communist regime still is as powerful as I thought. It is the not be identified—complained of being sub- run out of Hanoi that caused the death jected to graphic talk about sex practices. hammer coming down on politicians of 700,000 boat people on the high seas, A Defense Department worker said her who think they can escape voting con- that executed by death lists 68,000 peo- class included a slide on ‘‘sex toys’’ and fla- science on all issues that involve abor- ple at a minimum, including secretar- vored condoms. tion, euthanasia or this Frankenstein ies who had trusted us and merely A second department employee said he testing on embryos, and fetal experi- walked out of his session, offended by what worked for us in that decade that we mentation. he considered a too-initimate discussion for were trying to do for South Vietnam, The articles referred to are as fol- a mixed group. south of the 17th parallel, what we had lows: Another worker said her instructor told done for Korea south of the 38th par- participants it was likely that their grand- [From the Washington Times, Mar. 30, 1995] allel. And that was to give it, however mothers had engaged in anal sex as a form of imperfect, a free system, certainly CLASSES ON AIDS UNDER FIRE—HILL PROBE birth control. SOUGHT OF ‘PRO-GAY’ SLANT freer than the communist tyranny that Concerned Women for America, with (By Rowan Scarborough) is still there. 600,000 members nationwide, is urging the After the Hanoi government, the con- At least two congressional panels plan to Republican-controlled Congress to inves- investigate the Clinton administration’s tigate the program. querors of Saigon, the renamers of Ho mandatory AIDS education for federal em- ‘‘This initiative has proved to be little Chi Minh City, after the way they have ployees in light of reports that the curricu- more than a thinly veiled effort at re-educat- psychologically tortured our POW’s lum promotes the homosexual lifestyle. ing and reorienting people’s views and val- and missing-in-action families over the Rep. Robert K. Dornan, California Repub- ues,’’ the group said. last three decades, it is incomprehen- lican and chairman of the House National Grace Paranzino, a nurse with the U.S. sible that San Francisco would do this. Security subcommittee on personnel, said he Public Health Service who has conducted But they picked a great day to do it will hold hearings later this year. federal AIDS training in Pennsylvania, said all right. Not great. Today is the 23rd ‘‘I’m going to go on the House floor to beg come trainers do devote too much of the dis- federal workers of courage to come to me cussion to homosexual sex practices. She anniversary of an invasion across the anonymously and help me build a case file,’’ said she avoids going over the line. DMZ on March 30, 1972, with Russian- Mr. Dornan said. ‘‘It’s not AIDS education. ‘‘We strictly discuss AIDS transmission, supplied PT–76 amphibious tanks, ar- It is advancing the homosexual agenda. The prevention and risk reduction as well as fed- mored vehicles. homosexual has cleverly used a venereal dis- eral workplace policy as they relate to HIV H 4026 CONGRESSIONAL RECORD — HOUSE March 30, 1995 and AIDS,’’ she said. ‘‘You must also keep in ‘‘Certainly what has happened was and re- their employer contribute, and Social mind when we talk about HIV and AIDS, it mains terribly wrong,’’ the pope wrote. ‘‘But Security. is a sexually transmitted disease, and there- do not give in to discouragement and do not The second question that has been lose hope.’’ fore you cannot ignore it is sexually trans- raised was the question: Is the system mitted.’’ He extended ‘‘moral condemnation’’ to ‘‘procedures that exploit living human em- now insolvent or will it become insol- bryos and fetuses—sometimes specifically vent in the future? The answer to both ABORTION, EUTHANASIA, EMBRYO ‘produced’ for this purpose by in vitro fer- these questions is no. That is critically EXPERIMENTS ALWAYS IMMORAL tilization—either to be used as ‘biological important because that answer leads to (By Frances D’Emilio) material’ or as providers of organs or tissue the conclusion that there is not the ne- VATICAN CITY.—Ruling out dissent, Pope for transplants in the treatment of certain cessity to act precipitously on this diseases.’’ John Paul II delivered the Catholic Church’s issue. most forceful condemnation of abortion, eu- But he did say that prenatal diagnostic thanasia and experimentation on human em- techniques, such as aminocentesis, which In point of fact, the Republicans are bryos. carry a risk for the fetus or mother, are al- acting precipitously, and notwith- The pope, in an encyclical released today, lowed as medical measures to help the un- standing the fact that the committee condemned what he called a spreading ‘‘cul- born or to allow the mother ‘‘a serene and of jurisdiction, the committee formerly ture of death.’’ He also refined the Church’s informed acceptance.’’ known as the Committee on Govern- stand on the death penalty, saying its jus- The pope reiterated Church teaching that the dying or their families can forego ex- ment Operations, had hearings in sub- tification is ‘‘very rare,’’ if not ‘‘practically committee on this issue, chaired by the non-existent.’’ traordinary measures ‘‘when death is clearly Cardinal Joseph Ratzinger, the Vatican’s imminent and inevitable.’’ gentleman from Florida, and consid- guardian of orthodoxy, said the encyclical The pope praised movements ‘‘in defense of ered a bill, which would have involved goes beyond the 1992 revision of the Cat- life’’ that ‘‘act resolutely, but without re- a 21⁄2-percent increase in the contribu- echism in hardening the stance against cap- sorting to violence.’’ He did not specifically tion that Federal employees make to ital punishment. address the anti-abortion advocates who their retirement system. Now that was As for abortion and euthanasia, encyclical have killed doctors involved in abortion. Encyclicals address matters are reserved for both those in the Civil Service Re- is not a pronouncement of new doctrine, be- tirement System for employees before cause the Church already condemned those for the most important papal declarations. practices, Cardinal Alfonso Lopez Trujillo f January 1, 1984, and those after, even noted, but an important ‘‘systematic de- though everyone agrees that those fense, broader and stronger,’’ of the fun- FEDERAL EMPLOYEE PENSION after January 1, 1984, are in a system damental right to life. SYSTEM that is fully paid for, notwithstanding In ‘‘Evangelium vitae,’’ or ‘‘Gospel of The SPEAKER pro tempore (Mr. FOX that the proposal is to increase their Life,’’ the 11th encyclical of his 16-year pa- of Pennsylvania). Under the Speaker’s contribution as well. pacy, John Paul also restated the Vatican’s For those prior, it is 21⁄2 percent. La- ban on birth control. He noted he was well announced policy of January 4, 1995, dies and gentlemen, a 21⁄2-percent in- aware of the assertion that ‘‘contraception, the gentleman from Maryland [Mr. if made safe and available to all, is the most HOYER] is recognized for 60 minutes as crease for Federal employees in their effective remedy against abortion.’’ the designee of the minority leader. contribution is on top of the 7 percent But he said a ‘‘contraceptive mentality’’ Mr. HOYER. Mr. Speaker, as the that they already contribute. They do could lead to the ‘‘temptation’’ for abortion. Speaker knows, I came over to the not have Social Security. So this sys- ‘‘Indeed, the pro-abortion culture is espe- floor during the course of a previous tem is their sole retirement system. cially strong precisely where the Church’s special order that a number of Mem- Their employer matches their con- teaching on contraception is rejected,’’ the bers heard, and I had some concerns tribution of 7 percent and an additional pope said, in a possible reference to liberal contribution is made to fully fund the wings of the Catholic Church, such as in about the facts that were being dis- western Europe or in the United States. cussed about the Federal employee system. John Paul, addressing himself to politi- pension system and I therefore want to I want to read from the CRS report cians, declared that abortion and euthanasia make some remarks. in answer to those two questions about are ‘‘crimes which no human law can claim Very frankly, those remarks will be this system. I am not going to go into to legitimize.’’ in large part from a Congressional Re- the background beyond what I have al- However, he said it was permissible for search Service paper that was prepared ready stated. lawmakers to back legislation allowing abor- when the questions raised by the gen- The CRS report says this: ‘‘The li- tion under restrictions if the alternative was tleman from Florida [Mr. MICA], the abilities of a retirement system are the letting a law stand that was even more liberal. chairman of the Civil Service Sub- costs of benefits promised to workers Cardinal Adam Maida of the Archdiocese of committee, which he discussed on the and retirees. A retirement system is Detroit praised the document and called on floor today, were first raised. fully funded if a trust fund holds assets U.S. Lawmakers and voters ‘‘to work to- Those two questions include, first, approximately equal to the present gether to develop’’ legislation with ‘‘a new the unfunded liability that is alleged to value of all future benefit promises to moral conscience.’’ be present in the Civil Service Retire- which retirees and vested employees Opposing abortion is surely the most seri- ment System. For those who may not are entitled.’’ Vesting in the Federal ous criterion in making political judg- be fully familiar, Federal employees plan, by the way, requires 5 years of ments,’’ Maida said. The pope expressed understanding for have effectively two retirement sys- employment. women who live through the often ‘‘painful tems, one for those employees who ‘‘Unfunded liabilities,’’ the report and even shattering’’ experience of abortion. were hired prior to January 1, 1984, and goes on, ‘‘are earned benefits for which But he said no reason, ‘‘however serious and those who were hired subsequent to assets have not been set aside in a re- tragic,’’ justifies abortion—including a wom- 1984. tirement fund. As of the end of fiscal an’s ‘‘desire to protect certain important The Federal Employee Retirement year 1993, the Federal retirement trust values such as her own health or a decent System, known as FERS, is available fund held $276.7 billion in assets for the standard of living’’ for the rest of her family. to all employees, but is mandatory for CSRS, or about 34 percent of the long- ‘‘I declare that direct abortion, that is, abortion willed as an end or as a means, al- those who came on board after January term CSRS pension liabilities.’’ Thus, ways constitutes a grave moral disorder 1, 1984. It is a system that everybody the unfunded CSRS liability was $538.3 since it is the deliberate killing of an inno- agrees is fully funded. It is a system billion. That is the sum of which the cent human being,’’ the pope wrote in the which for the first time incorporated gentleman from Florida speaks. Church’s strongest expression yet on the Social Security within the retirement Normally one would say that is, and practice. scheme for Federal employees as well it is, a very large sum. And perhaps we He affirmed the Holy See’s penalty of auto- as a thrift savings plan. So the employ- ought to be worried about that. What matic excommunication for anyone ‘‘who ac- ees since January 1, 1984, essentially do the experts say? ‘‘The unfunded li- tually procures an abortion.’’ But he appeared intent on injecting a note have a 3-legged stool as their retire- ability developed because the CSRS of mercy in his overall harsh pronouncement benefit: the Federal Employment funding laws have not required the ment, offering a ‘‘special word to women who Retirement System itself, the Thrift Government to fund the system fully.’’ have had an abortion.’’ Savings Plan to which employees and That is unlike the private sector, and March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4027 the theory of course is that the Gov- ment. Others represent payments that b 1700 ernment is not going to go out of busi- will not commence for years to come, No one says it is not a cost, but it is ness; therefore, will not have imme- because the workers are not yet eligi- a cost of doing business. It is a cost of diate demands on all of its resources ble to retire. having employees. Consequently, the and, therefore, like Social Security, By the time they become eligible, report goes on, in times of tight budg- can pay it on a year-to-year basis. others currently retired will have died. ets, Congress often considers benefit ‘‘Nevertheless, the primary purpose Thus, unlike private employers, the cuts in order to reduce spending. In of the Federal trust fund is not to pro- Government need not fully prefund the other words, we reach into the pocket vide a source of cash for the Govern- retirement system in order to insure of Federal employees and take out ment, but to provide budget authority against having to pay off all earned some of their money. to allow the Treasury to disburse benefits simultaneously. You say how much have we done? monthly annuity checks without an- This is not a game, this is not leger- From January 1981, if we followed the nual appropriations. The trust fund demain, this is not fiscal sleight of law to this day, Federal employees balance,’’ and this is the important point, ‘‘The trust fund balance is ade- hand. This is simply the fact that the would have received in pay and bene- quate to provide this budget authority actuarial facts lead us to conclude. fits, health care and retirement bene- on an ongoing basis.’’ The report goes on to say that some fits, $163 billion more than they have Let me repeat that sentence. ‘‘The are concerned, and we have heard it on received. trust fund balance is adequate to pro- the floor today, ‘‘that the existence of Now that sounds like a lot of money, vide this budget authority on an ongo- unfunded Federal pension liabilities and it is a lot of money. But during ing basis.’’ In other words, there is no has, or will have in the future, an ef- that time we have probably spent, I crisis. There is no risk to Federal em- fect on the budget deficit and/or the suppose, in that 14 years, somewhere in ployee retirees in not having their re- need for tax revenues. The annual the neighborhood of approximately $1 tirement paid. budget cost to the Government of trillion per year, or $14 trillion, ap- The report goes on to say this: ‘‘The CSRS can never be more than the sum proximately. combined funded and unfunded liabil- of the checks written to annuitants So you can see that it is a relatively ities of the CSRS, $815 billion in fiscal one month at a time.’’ small percentage of our cost of doing business, but it is a legitimate cost of year 1993, is the amount the Govern- In other words, you are not going to doing business. ment would have to pay all at one time have to pay out an obligation all at one The report goes on to say this: Does if everyone who is or whoever has been time. ‘‘Thus the liabilities of the sys- a vested CSRS participant could de- the CSRS face insolvency? That was tem, funded or unfunded, will never re- another concern raised by the gen- mand a check for the present value of quire payments from the Treasury in all benefits to which they would be en- tleman from Florida. The report goes excess of the benefits payable to living, on to say that currently about half of titled from that time throughout re- retired workers or survivors.’’ This is tirement until their death, taking into the Federal work force participates in critical in understanding that there is account future pay raises they might this program, and as the number of not a crisis, that there is not a need to receive, and cost-of-living adjustments CSRS-covered workers declines, the as- after retirement.’’ This is key. move precipitously, that there is not a sets in the trust fund will decline, not ‘‘This event,’’ and I am quoting, need to move without deliberate con- because of the payroll contribution ‘‘cannot happen in the Federal retire- sideration by the committee of juris- from workers but primarily because of ment system.’’ This event cannot hap- diction. Government payments themselves de- pen in the Federal retirement system. That has not happened. As a matter clining. In other words, the gentleman from of fact, my friend, the acting Speaker, It goes on: When Members of Con- Florida creates a false premise, and knows that did not happen because he gress wrote the new FERS law in 1986, that is that the unfunded liability can was at the committee and serves on they understood there would have to be be called upon to be paid all in one this committee. What happened was a financial transition from CSRS to lump sum. Repeat the sentence. ‘‘This there were some relatively abbreviated the FERS program. That is the pre-1984 event cannot happen in the Federal re- hearings. It then came to the commit- program to the post-1984 program. tirement system. Federal pension obli- tee for markup. The committee ad- The law provides for one trust fund gations cannot come due all at one journed because they did not have the in which both assets of the old system time, unlike the situation that arises votes to pass the legislation. and the new system are combined. in the private sector when an employer Now that is not to say that every- Therefore, there is no separate CSRS goes out of business and must pay all body was against it, but there were on trust fund that will be depleted. In promised obligations at once.’’ In other both sides of the aisle some very other words, the gentleman from Flor- words, what we have said to large and thoughtful Members who said I want to ida is talking about a system that is middle and small corporations, if you make sure that this is the right thing integrated with a system that we all promise your employees a pension ben- to do before acting to adversely affect agree is fully paid for. efit, if you say it is going to be ‘‘x,’’ 2 million civilian workers who work for Second, Congress established a sys- then you need to contribute a sum suf- tem whereby benefit payments under the Federal Government, and to in- ficient to ensure that even if you go CSRS will be authorized by FERS trust crease their contributions by a total of out of business; in other words, if there fund securities, as needed, until there 21⁄2 percent over 3 years, tantamount to is no additional cash-flow into your are no more CSRS benefits to be paid. business out of which you could pay re- a 10-percent tax increase for somebody In short, the system, as reformed in tiree benefits. In the eventuality you making $20,000, $30,000, or $40,000, and 1986, contemplated exactly the situa- go out of business you must have re- working for the Federal Government. tion we are in today and provided for sources sufficient to meet the obliga- However, the report goes on, ‘‘The the funding of that system, to wit: The tion to your employees. cash to pay monthly benefits comes conclusion, there is no crisis, there is Very frankly, ladies and gentlemen, from general revenues, and paying no insolvency. And although tech- if the Federal Government goes out of monthly benefits creates an outlay nically there is an unfunded liability business, the Federal retirees’ pension from the budget and therefore contrib- because the Government is never going is not going to be worth much anyway. utes to the budget deficit, as does any to go out of business short of a catas- Very frankly, nobody else’s pension is Government spending.’’ It is as a con- trophe for the country, there will never going to be worth much either if the tribution, when you have an employee be a call on the assets of any fund ex- Federal Government goes out of busi- and you make contributions toward cept, as the report previously indi- ness. their health benefits, toward their re- cated, on a month-to-month basis. Some of the Government’s liabilities tirement benefits if you are in the pri- In summary, Mr. Speaker, by defini- represent payments due to current re- vate sector, a stock option, deferred tion, under the financing arrangement tirees who receive their benefits 1 payments, 401(k), whatever that might set out in current law, the system is month at a time throughout retire- be. Clearly that is a cost. not now and never will be insolvent or H 4028 CONGRESSIONAL RECORD — HOUSE March 30, 1995 without adequate budget authority for [Mr. SOLOMON] the chairman of the they currently pay 0.8, what they payment of benefits. That is the criti- Committee on Rules, who when Mr. would contribute after this change in- cal component of this debate. MORAN and I, Mrs. MORELLA, and Mr. creases by over 300 percent to 3.3 per- Under the financing arrangement set WOLF, in a bipartisan way, along with cent, which is an enormous increase. out in current law, without change, the the ranking member CARDISS COLLINS, But does it go to the retirement sys- system is not now and never will be in- testified before the Committee on tem itself? No. Because that is not the solvent or without adequate budget au- Rules, Mr. SOLOMON, the chairman of purpose of it, to fix any retirement sys- thority for payment of benefits. the Committee on Rules, said, ‘‘I do tem. The purpose of it is to finance a Again, because the budget cost of the not think this ought to be in this bill. tax cut for other Americans. We are system can never exceed the cost of We haven’t considered it. We are not singling out one group of Americans in monthly benefits to living annuitants, the committee of jurisdiction. We are order to finance a tax cut for another the cash required from the treasury or not sure of the issues in this bill. And group of Americans. How unfair. taxpayers will never exceed the cost of it does not, in any event, appear to me But beyond that, let us talk about in- these monthly benefits. As a result, to be fair to Federal employees.’’ tegrity, the integrity of this institu- there is no crisis. I pointed out to the chairman of the tion is what I am referring to. From The Federal Government is paying a Committee on Rules that if there had 1984 to 1986, this Congress worked on reasonable sum for the benefits of its been a proposal to change the rules on the Federal retirement plan, brought employees. Can we debate as to wheth- somebody who served 18 years in the in all the experts. Both the House and er or not we ought to modify this sys- United States Marine Corps—which the the other body led that effort. The gen- tem for those who come into the sys- chairman of the Rules Committee is a tleman from the other body, Senator tem or those who have been in it for marine himself and justifiably incred- STEVENS, was one of the most impor- such a short time they are not vested ibly proud of the Corps—and said, ‘‘We tant leaders, as well as the gentleman in the system? Of course we can. That are going to change the rules on you,’’ from Maryland [Mr. HOYER] and others. is responsible. We have a budget deficit I told Chairman SOLOMON, ‘‘You would I was not in the Congress at the time. in this Nation. We need to deal across be on the roof yelling and screaming But Mr. HOYER knows who they were, the board with how the Government and hollering.’’ And he said, ‘‘You are those who were involved. But they spends money. That is appropriate to right.’’ came up with a system that was based do so. Now I want to yield to my friend, the upon the best knowledge that existed My friend from Virginia, Mr. MORAN, ranking member on the Subcommittee both in the private sector and in the has just arrived with me on the floor. on Civil Service, who has done an out- public sector, a system that was de- We do not object to that. What we do standing job in fighting this fight, signed to pay for itself. object to and, very frankly, what the making the case, educating Members, That is why the CSRS system, the gentleman from Pennsylvania [Mr. asking that we consider this matter in Civil Service Retirement System, is CLINGER] the chairman of the commit- a deliberate fashion. Mr. Speaker, I being phased out, because it had been tee objected to, was having this issue yield to my friend from Virginia. calculated on static basis, not a dy- not dealt with by the substantive com- Mr. MORAN. I thank my very good namic basis. It had not taken into ac- mittee of jurisdiction, and having it friend from Maryland and also thank count merit promotions, locality pay taken up by the Committee on Rules him for his leadership on this issue and increases, cost-of-living increases, and without any debate, without any hear- so many issues of importance to Fed- so on. It was calculated on a basis that ings. Just put into the tax bill on the eral employees and, in fact, to the was inadequate. Thus, it was not fully premise that we are going to pay for a American people, because the way in paying for itself. tax cut for other Americans by increas- which we treat the people who serve So what they decided was to come up ing the taxes on Federal employees. our constituents reflects well on how with a new system, and to take care of Mr. CLINGER, when that occurred in much we respect our constituents and inflation, as the private sector does, the last Congress—Mr. Speaker, you in fact on ourselves, because the people use the Social Security System, assum- will be, I know, pleased to hear this— who make this institution and the leg- ing Social Security System provides wrote to then chairman CONYERS, islative branch and the executive annual cost-of-living increases. So that chairman of the Committee on Govern- branch are all affected by this legisla- is what they did. Federal employees ment Operations, now the newly named tion. who elected the new system pay 7 per- committee, the Committee on Govern- But it seems to me there are two cent into Social Security and 0.8 per- ment Reform and Oversight—we have principles at stake here on this issue. cent into the FERS plan. Those em- had a revolution, and I cannot keep up One is fairness, and the other is integ- ployees who chose to stay with the old with the names all the time—in a let- rity. system pay 7 percent into that system, ter dated July 12, 1994, in which then With regard to fairness, we will have but they do not have the assurance of ranking member CLINGER criticizes the before us a tax cut bill. The purpose of cost-of-living increases. gentleman from Michigan [Mr. CON- that bill is to relieve the tax burden on So, it was balanced, it was a difficult YERS] for taking a bill to the Commit- other Americans, middle class. And the choice. They made the choice, but they tee on Rules that has not been reported principal beneficiaries happen to be the made it within the context that this out of the Committee on Government wealthiest class of Americans. But the Congress, this branch of Government, Operations. That is exactly what has purpose is to relieve their tax burden. established. And that context was a happened here. How unfair to relieve their tax bur- commitment that we will not change In light of the report that has been den by increasing the taxes of one the rules of the game. Once you make issued, Mr. Speaker, which I have just group of American people, who happen a decision, we are not going to tamper read from extensively, it is clear that to serve the American people by work- with your retirement plan. We will set there is not a crisis. To the extent ing for the Federal Government, 2 mil- it in concrete. We know it is designed there is an issue, we ought to debate lion people that we are talking about. to pay for itself. that issue honestly, openly, ask ex- In fact, their taxes would go up by 35 So once you make this decision, ‘‘you perts to come in, Federal employees to percent if they participate in the Civil can rest assured you can make your re- come in, and others to come in and say, Service retirement system, since they tirement plans based upon this com- ‘‘This is how we think you ought to do are currently paying 7 percent and it is mitment that we make today,’’ back the system.’’ We are prepared to do a 2.5 percent increase, that is 35 per- when the legislation was enacted in that. cent of the base that they are cur- 1986. But I would hope, Mr. Speaker, that rently paying that they would pay in Some Members chose to stay in the you and others would urge the Com- addition. That money goes to paying old plan, and other Members chose to mittee on Rules on Tuesday not to infor a tax cut for other Americans. stay in the new plan. You know, Mr. clude this in the tax bill, to give us If, however, they happen to partici- Speaker, the fact is that those calcula- time to consider it. I would urge you to pate in the Federal employees retire- tions worked out exactly as it was an- join the gentleman from New York ment system, the new system where ticipated. March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4029

To show you what a good job they time to make our case before the the House, Mr. GINGRICH, Mr. SOLOMON, did, what has happened between then American people. the chairman of the Committee on and now is exactly what they cal- Mr. HOYER. I thank my good friend Rules, and others, decide to take this culated would happen. As the gen- from Virginia, and I would close now, out of the tax bill, to put it back to tleman from Maryland [Mr. HOYER] Mr. Speaker. Many of the Members of your committee, Mr. Speaker, have said, we have a system that is finan- this body talk about the Contract With hearings, consider this, and take such cially solvent and, in fact, last year America. I think it has been an impor- action as we then deem appropriate. there was a $60 billion reduction in the tant document in the sense that it has f unfunded liability. In fact, $63 billion set an agenda. Obviously some of it I was paid into the system, $36 billion do not agree with; some I have agreed NEUTRAL COST RECOVERY: FROM was paid out, exactly what was cal- with. But, as we have a Contract With ADAM SMITH TO NICK SMITH culated would happen. America in terms of some of us having It is working. It is exactly what was signed a document and said, if we are The SPEAKER pro tempore (Mr. FOX anticipated. The Federal employees are elected, this is what we are going to do, of Pennsylvania). Under the previous doing their part, and their employer, it seems to me as well we have a moral order of the House, the gentleman from the Federal Government is doing its and ethical contract with those whom Michigan [Mr. SMITH] is recognized for part. we ask to serve their country as Fed- 5 minutes. In fact, if any change should be eral employees, as employees of this Mr. SMITH of Michigan. Mr. Speak- made, we should recognize that the House, employees of the Federal server, next week we will be voting on the static system that they based it upon ice, and that contract essentially says tax cuts promised to the American peo- has actually not required as much that, if you work with us and if you ple under the Contract With America. funding as they estimated. It has gone perform well, we will do certain things. While some would argue that now is down from about 12 percent of payroll We will pay you a salary, we will auto- not the time to cut taxes since we down to about 10 percent. The dynamic matically adjust that salary from time must balance the Federal budget, we system, taking into account all the to time, and we will provide a retire- should realize that an increase in the changes that could occur, actually ment system for you, and we will give growth rate of the economy would in went down from 36 to 25 percent. you health benefits. itself reduce the deficit, since it would Those are the three benefits that increase revenues and reduce welfare b 1715 Federal employees have. There are no spending. So, if we should make any change, stock options obviously as there are Not all tax cuts are equal in terms of that change should be to reduce Fed- not in public service, and although increasing the growth of the economy. eral employees’ contributions. But that is, perhaps, not a legally enforce- Approximately 75 percent of the eco- what are we doing? We are being driven able contract in the sense that our nomic growth from our tax package by other political considerations. We Federal employees, and our staff in comes from neutral cost recovery. Neu- are choosing one group of only 2 mil- this Chamber, and in this House and tral cost recovery is a tax change to lion people to take money from them across the way in the Senate cannot allow businesses to account for the to pay for tax cuts for a larger group of take us to court and say, you know, we wearing out of their machinery and people. I personally do not think this have worked for 5, or 10 or 15 years be- buildings as they produce goods and tax cut is in the Nation’s best inter- cause you told us that this was the services. ests. deal, this was the consideration, this is By reducing the cost of capital 16 But I will tell the Speaker and any- how you would treat us. Although they percent, neutral cost recovery will in- one that is listening that they should cannot take us to court, in my opinion crease the amount of machinery, equip- not be complicit in this unfairness, this that is amoral contract that we have ment, and buildings that workers use. violation, this breach of the kind of in- with our people, and just as so many of This will, in turn, raise everyone’s tegrity that this institution has estab- your party, Mr. Speaker, have argued wages and wealth. We have known for lished over 200 years. To think that we that we ought to keep the contract more than 200 years that the accumula- would make a commitment to all those that we signed in September 1994, we tion of capital is the key to economic Federal employees, upon which they ought to keep our contract with our growth. Here is what Adam Smith had based their decision, and now we would employees, and if we make changes, it to say about the subject in his ‘‘The violate it? I cannot believe that that is fair to do so to those we hire anew Wealth of Nations’’ in 1776: could happen or that our leaders are and say this is the arrangement. We Every increase or dimunition of capital, even considering that. have changed it because we found it therefore, naturally tends to increase or di- We ought to consider, Mr. Speaker, was too expensive, and so we are minish the real quantity of industry, the that we are not just talking about the changing it, and so when you come on number of productive hands, and con- Federal employees themselves. We are board, when you come on as an em- sequently. . .the real wealth and revenue of talking about their families because ployee, understand there are new rules, all its inhabitants. that is what retirement is all about. and even for those who are not now Adam Smith was telling us that if a Mr. Speaker, you do not contribute to vested in the system, who do not now nation’s capital increases, it will in- a retirement system for your own in- have, in effect, a reason to say this is crease that nation’s output of goods terests, nor does the gentleman from now mine, the 5-year vesting, we could and services, the amount of employ- Maryland [Mr. HOYER], nor does any- say to them, look, you have not vested ment, and the overall wealth and in- body in the room today. The reason we yet, and we are going to change, but come of all of the country’s inhab- contribute to a retirement system is to for those folks who are vested in this itants. He also explained how the real ensure there will be financial security system, it is unconscionable for us to beneficiary of this process was the na- for our spouses, for our children. That now say we did not tell you the truth, tion’s poor. Adam Smith suggested we is our commitment to them. That is we are going to change the rules, we only need to look at the standard of the commitment that Federal employ- are not going to meet our commitment living of any poor person living in a ees make to their families. And now to to you, your compensation will be less capitalist country and compare that think that these retirement plans that than we promised. standard of living to an upper income have influenced the direction that I hope we do not do that, Mr. Speak- person in any non-capitalist economy. their lives have taken, that have influ- er. Would you rather be poor in the United enced their decision to stay in the Fed- I had not intended to talk today on States or rich in Uganda? eral Government based upon a commit- this issue, but Mr. MICA, one of his col- In 1949 the great economist, Ludwig ment we made, would be breached; we leagues, took a special order to discuss von Mises, wrote that the reason that cannot allow this to happen. this issue, and I wanted the full con- Western countries are ahead of the Mr. Speaker, I thank my good friend text of this issue to be discussed today other parts of the world is because they from Maryland for yielding me the because next week this issue will be on have a system that encourages savings time, and I thank him for taking the the front burner. I hope the Speaker of and capital investment. H 4030 CONGRESSIONAL RECORD — HOUSE March 30, 1995

Since 1949 our tax burden has been Mr. SCARBOROUGH, for 5 minutes, EXECUTIVE COMMUNICATIONS, increasing, in particular the tax on today. ETC. capital. Over the last 20 years the Unit- (The following Members (at the re- Under clause 2 of rule XXIV, execu- ed States has trailed our industrialized quest of Mr. VOLKMER) to revise and ex- tive communications were taken from competitors in capital investment per tend their remarks and include extra- the Speaker’s table and referred as fol- worker, in part because other countries neous material:) lows: have more favorable tax policies to- Mrs. MINK of Hawaii, for 5 minutes, wards capital. 649. A letter from the Assistant Secretary today. for Legislative Affairs, Department of State, We are getting exactly what von Mr. BRYANT of Texas, for 5 minutes, transmitting notification of a proposed li- Mises predicted: if you don’t encourage today. cense for the export of major defense equip- savings and capital investment then ment and services sold commercially to you lose your productivity and com- f Switzerland (Transmittal No. DTC–12–95), petitive position. Today, the United pursuant to 22 U.S.C. 2776(c); to the Commit- States is indeed trailing its inter- EXTENSION OF REMARKS tee on International Relations. 650. A letter from the Assistant Secretary national competitors in the growth of By unanimous consent, permission to its production per worker. for Legislative Affairs, Department of State, revise and extend remarks was granted transmitting the Department’s ‘‘NDF An- Economists have estimated that neu- to: nual Report’’ fiscal year 1994; to the Commit- tral cost recovery will lead to the cre- tee on International Relations. ation of 2.7 million new jobs, add an Mr. FROST, and to include extraneous material during debate on House Reso- 651. A letter from the Director, National extra $3.5 trillion to our Nation’s out- Gallery of Art, transmitting the annual re- put over the next 5 years and by doing lution 121. port under the Federal Managers’ Financial so add nearly $600 billion to Federal (The following Members (at the re- Integrity Act for fiscal year 1994, pursuant to revenues. In passing neutral cost recov- quest of Mr. FILNER) and to include ex- 31 U.S.C. 3512(c)(3); to the Committee on ery we will secure an improved life for traneous material:) Government Reform and Oversight. our children and grandchildren by leav- Mr. ROMERO-BARCELO´ . 652. A letter from the Director, National Mr. TRAFICANT. Oceanic and Atmospheric Administration, ing them with a greater stock of cap- transmitting the Administration’s 24th edi- ital, more job opportunities, and a re- Mr. KENNEDY of Rhode Island. tion of the Grant-In-Aid for Fisheries Pro- duced Federal deficit. I urge my col- Mr. ORTIZ. gram Report, pursuant to 16 U.S.C. 757(a)— leagues to lift the shackles that our Mr. BARRETT of Wisconsin. 757(f) and 16 U.S.C. 4101 et seq.; to the Com- tax code has placed on our economic Mr. GIBBONS. mittee on Resources. growth and give our children and Mr. MATSUI. 653. A letter from the Director, Federal De- grandchildren the jobs that they de- Mr. BARCIA in two instances. posit Insurance Corporation, transmitting a listing of Federal Deposit Insurance Corpora- serve. Mr. MILLER of California. tion property covered by the Coastal Barrier f Mr. REED. Improvement Act of 1990; jointly, to the Mr. DINGELL. LEAVE OF ABSENCE Committees on Resources and Banking and Mr. MANTON. Financial Services. By unanimous consent, leave of ab- (The following Members (at the re- f sence was granted to: quest of Mr. GUTKNECHT) and to include Mr. STUPAK (at the request of Mr. extraneous material:) REPORTS OF COMMITTEES ON GEPHARDT) for today, on account of Mr. DAVIS. PUBLIC BILLS AND RESOLUTIONS death of an employee. Mr. QUINN. Under clause 2 of rule XIII, reports of f (The following Members (at the re- committees were delivered to the Clerk SPECIAL ORDERS GRANTED quest of Mr. GUTKNECHT) and to include for printing and reference to the proper extraneous material:) calendar, as follows: By unanimous consent, permission to Mr. LAFALCE. address the House, following the legis- Mr. WALKER: Committee on Science. H.R. Mr. RANDALL. 655. A bill to authorize the hydrogen relative program and any special orders Mr. RICHARDSON. search, development, and demonstration pro- heretofore entered, was granted to: Mr. FRELINGHUYSEN. grams of the Department of Energy, and for (The following Members (at the re- Mr. FORBES. other purposes; with amendments (Rept. 104– quest of Mr. FILNER) to revise and ex- 95). Referred to the Committee of the Whole Mr. FILNER. tend their remarks and include extra- House on the State of the Union. Mr. ALLARD. neous material:) Mr. CLINGER: Committee on Government Mr. WARD. Ms. KAPTUR, for 5 minutes, today. Reform and Oversight. H.R. 1345. A bill to Mrs. MINK of Hawaii. Mr. FILNER, for 5 minutes, today. eliminate budget deficits and management inefficiencies in the government of the Dis- Mr. OWENS, for 5 minutes, today. Mr. YOUNG of Alaska. trict of Columbia through the establishment Mr. RUSH, for 5 minutes, today. Mr. GILMAN. Mr. RUSH. of the District of Columbia Financial Re- Mr. POSHARD, for 5 minutes, today. sponsibility and Management Assistance Au- Mr. OLVER, for 5 minutes, today. Mr. BLILEY. thority, and for other purposes (Rept. 104–96). Mrs. SCHROEDER, for 5 minutes, Mr. ENGEL. Referred to the Committee of the Whole today. Mr. MOAKLEY. House on the State of the Union. Mr. MENENDEZ, for 5 minutes, today. Mr. OWENS. f Mr. DOGGETT, for 5 minutes, today. Mrs. MEEK of Florida. Ms. PELOSI, for 5 minutes, today. Mr. PACKARD. PUBLIC BILLS AND RESOLUTIONS Ms. DELAURO, for 5 minutes, today. Mr. EVERETT. Under clause 5 of rule X and clause 4 Mr. ABERCROMBIE, for 5 minutes, Ms. ESHOO. of rule XXII, public bills and resolu- today. Mrs. KENNELLY. tions were introduced and severally re- Mr. VOLKMER, for 5 minutes, today. f ferred as follows: (The following Members (at the re- By Mr. GILMAN (for himself, Mr. quest of Mr. GUTKNECHT) to revise and ADJOURNMENT ENGEL, Ms. MOLINARI, Mr. extend their remarks and include ex- ROHRABACHER, Mr. KING, and Mr. traneous material:) Mr. SMITH of Michigan. Mr. Speak- SMITH of New Jersey): Mr. FOLEY, for 5 minutes, today. er, I move that the House do now ad- H.R. 1360. A bill to establish United States Mr. MICA, for 5 minutes, today. journ. policy conditioning the lifting of sanctions against Serbia and Montenegro upon im- Mr. ENSIGN, for 5 minutes, today. The motion was agreed to; accord- provements in Kosova, and for other pur- Mr. ENGLISH of Pennsylvania, for 5 ingly (at 5 o’clock and 29 minutes poses; to the Committee on International minutes, today. p.m.), under its previous order, the Relations. Mr. BAKER of California, for 5 min- House adjourned until Monday, April 3, By Mr. COBLE (for himself, Mr. TRAFI- utes, today. 1995, at 12:30 p.m. CANT, Mr. SHUSTER, and Mr. MINETA): March 30, 1995 CONGRESSIONAL RECORD — HOUSE H 4031

H.R. 1361. A bill to authorize appropria- quently determined by the Speaker, in each Mr. ZIMMER, Mr. HORN, and Mr. tions for fiscal year 1996 for the Coast Guard, case for consideration of such provisions as HOYER): and for other purposes; to the Committee on fall within the jurisdiction of the committee H. Res. 124. Resolution condemning Tur- Transportation and Infrastructure. concerned. key’s illegal invasion of northern Iraq; to the By Mr. BEREUTER (for himself, Mr. By Mr. MYERS of Indiana (for himself, Committee on International Relations. LEACH, Mr. MCCOLLUM, Mrs. ROU- Mr. HANCOCK, Mr. ARMEY, Mr. THOM- f KEMA, Mr. ROTH, Mr. BAKER of Louisi- AS, Mr. SHAW, Mrs. JOHNSON of Con- ana, Mr. LAZIO of New York, Mr. necticut, Mr. BUNNING of Kentucky, PRIVATE BILLS AND BACHUS, Mr. ROYCE, Mr. WELLER, Mr. Mr. HOUGHTON, Mr. HERGER, Mr. RESOLUTIONS KING, Mr. BONO, Mr. EHRLICH, Mr. MCCRERY, Mr. CAMP, Mr. RAMSTAD, CHRYSLER, Mr. CREMEANS, Mr. WATTS Mr. ZIMMER, Mr. SAM JOHNSON, Ms. Under clause 1 of rule XXII, of Oklahoma, Mrs. KELLY, Mr. DUNN of Washington, Mr. COLLINS of Mrs. MINK of Hawaii introduced a bill BARRETT of Nebraska, Mr. ORTON, Mr. Georgia, Mr. PORTMAN, Mr. ENGLISH (H.R. 1374) for the relief of Fanie Phily CASTLE, Mr. HEINEMAN, Mr. LATHAM, of Pennsylvania, Mr. ENSIGN, Mr. Mateo Angeles; which was referred to the Mr. CHRISTENSEN, and Mr. FOX): CHRISTENSEN, Mrs. KENNELLY, Mr. Committee on the Judiciary. H.R. 1362. A bill to reduce paperwork and PAYNE of Virginia, and Mr. additional regulatory burdens for depository f POMEROY): institutions; to the Committee on Banking H.R. 1370. A bill to amend the Internal Rev- and Financial Services. ADDITIONAL SPONSORS enue Code of 1986 to reduce mandatory pre- By Mr. BILBRAY (for himself, Mr. miums to the United Mine Workers of Amer- Under clause 4 of rule XXII, sponsors CUNNINGHAM, Mr. PACKARD, Mr. HUN- ica combined benefit fund by certain surplus were added to public bills and resolu- TER, Mr. DOOLITTLE, Mrs. ROUKEMA, amounts in the fund, and for other purposes; tions as follows: Mr. STENHOLM, Mr. BAKER of Califor- to the Committee on Ways and Means. nia, Mr. CALVERT, Mrs. JOHNSON of H.R. 6: Mr. QUINN. By Mr. ROMERO-BARCELO: Connecticut, Mr. MURTHA, Mr. TRAFI- H.R. 44: Ms. FURSE and Mr. SANFORD. H.R. 1371. A bill to ensure the protection of CANT, Mr. HAYES, Mr. BONO, Mr. H.R. 62: Mr. BALLENGER and Mr. QUINN. MCKEON, Mr. ROHRABACHER, Mr. the coastal marine coral environment off the H.R. 334: Mr. MINETA. RIGGS, Mr. HORN, Mrs. SEASTRAND, west coast of Puerto Rico by requiring the H.R. 335: Mr. BENTSEN. Mr. SHADEGG, and Mrs. KELLY): Director of the U.S. Geological Service to as- H.R. 357: Mr. MCDERMOTT, Mr. ENGEL, Mr. H.R. 1363. A bill to amend the Immigration sess the environmental economic costs and BENTSEN, Mr. HEFNER, Mr. HASTINGS of Flor- and Nationality Act to deny citizenship at benefits of relocating an existing wastewater ida, and Mr. BERMAN. birth to children born in the United States of treatment plant outfall to a deepwater loca- H.R. 370: Mrs. KELLY. parents who are not citizens or permanent tion, and for other purposes; to the Commit- H.R. 372: Mr. SKEEN and Mr. SHADEGG. resident aliens; to the Committee on the Ju- tee on Resources, and in addition to the H.R. 373: Mr. SKEEN and Mr. SHADEGG. diciary. Committee on Transportation and Infra- H.R. 375: Mr. SKEEN, Mr. SHADEGG, and Mr. By Mr. EVERETT (for himself, Mr. structure, for a period to be subsequently de- TAYLOR of North Carolina. BACHUS, Mr. BROWDER, Mr. HANCOCK, termined by the Speaker, in each case for H.R. 534: Mr. INGLIS of South Carolina, Mr. Mr. LAFALCE, Mr. SAXTON, Mr. SMITH consideration of such provisions as fall with- HOBSON, Mr. FORBES, Mr. LINDER, and Mr. of Michigan, and Mr. TALENT): in the jurisdiction of the committee con- HANSEN. H.R. 1364. A bill to amend the Indian Gam- cerned. H.R. 549: Mr. QUINN. ing Regulatory Act to provide for commu- By Mr. THOMAS: H.R. 580: Mr. KNOLLENBERG, Mr. DEUTSCH, nity approval before Indian class III gaming H.R. 1372. A bill to authorize appropria- Mr. TANNER, Mrs. SEASTRAND, Mr. operations may take effect; to the Commit- tions for the Federal Election Commission SCARBOROUGH, Mr. KIM, and Mr. DEFAZIO. tee on Resources. for fiscal year 1996; to the Committee on H.R. 587: Mr. FATTAH and Mr. CONYERS. By Mr. FORBES: House Oversight. H.R. 599: Mr. MCDERMOTT and Mr. WYDEN. H.R. 1365. A bill to provide for the transfer By Mr. TRAFICANT: H.R. 620: Ms. VELAZQUEZ. of a portion of the Naval Weapons Industrial H.R. 1373. A bill to designate the Federal H.R. 641: Mr. MEEHAN, Mr. ABERCROMBIE, Reserve Plant, Calverton, NY, to the Depart- Aviation Administration Technical Center Ms. PELOSI, Mr. PORTER, Mr. ACKERMAN, Mr. ment of Veterans Affairs for inclusion in the located at the Atlantic City International MCDERMOTT, Mr. YATES, Mr. VENTO, Mr. Calverton National Cemetery; to the Com- Airport in Pomona, NJ, as the ‘‘William J. OLVER, Mr. STARK, Ms. EDDIE BERNICE JOHN- mittee on National Security, and in addition Hughes Technical Center;’’ to the Committee SON of Texas, Mr. MARKEY, Mr. BOUCHER, Mr. to the Committee on Veterans’ Affairs, for a on Transportation and Infrastructure. BRYANT of Texas, Mr. FAZIO of California, period to be subsequently determined by the By Mr. BEREUTER (for himself and Mr. LEWIS of Georgia, Mr. BEILENSON, Mr. Speaker, in each case for consideration of Mr. KIM): FRANK of Massachusetts, Mrs. MALONEY, Mr. such provisions as fall within the jurisdic- H.J. Res. 83. Joint resolution relating to CARDIN, Mr. WYDEN, Mr. DEUTSCH, Mr. KLUG, tion of the committee concerned. the United States-North Korea Agreed Mr. MILLER of California, Mr. GREENWOOD, By Mr. FRELINGHUYSEN: Framework and the obligations of North Mr. GEJDENSON, Mrs. KENNELLY, Mr. SABO, H.R. 1366. A bill to authorize the extension Korea under that and previous agreements Mr. WYNN, Mrs. ROUKEMA, Mr. OBEY, Mr. of time limitation for the FERC-issued hy- with respect to the denuclearization of the RANGEL, Ms. SLAUGHTER, Mr. EVANS, Ms. droelectric license for the Mt. Hope water- Korean Peninsula and dialog with the Repub- LOFGREN, Mr. LANTOS, Mrs. THURMAN, Mr. power project; to the Committee on Com- lic of Korea; to the Committee on Inter- BERMAN, Ms. FURSE, Mr. SERRANO, and Ms. merce. national Relations. RIVERS. By Mr. HILLIARD: By Mr. FILNER (for himself, Mr. H.R. 655: Mr. GRAHAM, Mrs. SEASTRAND, H.R. 1367. A bill to change election day to TORRES, Mr. MARTINEZ, Mr. PASTOR, and Mr. GUTKNECHT. the first Saturday in November of each even- Mr. SERRANO, Mr. BROWN of Califor- H.R. 783: Mr. INGLIS of South Carolina, Mr. numbered year; to the Committee on House nia, Mr. TUCKER, Mr. GONZALEZ, Ms. SPRATT, Mr. LUCAS, and Mr. TIAHRT. Oversight. PELOSI, Ms. VELAZQUEZ, Mr. GENE H.R. 788: Mr. QUINN. By Mr. KASICH (for himself, Mr. HOKE, GREEN of Texas, Ms. WOOLSEY, Mr. H.R. 809: Mr. BRYANT of Texas and Mr. Ms. MOLINARI, and Mr. BASS): MCDERMOTT, Mr. TEJEDA, Mr. RO- GREENWOOD. H.R. 1368. A bill A bill to amend title 10, MERO-BARCELO, Mr. MINETA, Mr. KEN- H.R. 850: Mr. INGLIS of South Carolina, Mr. United States Code, to modernize Depart- NEDY of Massachusetts, Ms. LOFGREN, MCHALE, Mr. DAVIS, and Ms. DANNER. ment of Defense Acquisition procedures, and Mrs. MINK of Hawaii, Ms. ROYBAL-AL- H.R. 858: Mr. WATT of North Carolina, Mr. for other purposes; to the Committee on Na- LARD, and Mr. COLEMAN): DORNAN, Mr. ANDREWS, Ms. FURSE, Mr. tional Security, and in addition to the Com- H.J. Res. 84. Joint resolution to commemo- STUPAK, Mrs. SCHROEDER, Mrs. KELLY, and mittee on Government Reform and Over- rate the birthday of Cesar Chavez; to the Mr. YOUNG of Alaska. sight, for a period to be subsequently deter- Committee on Government Reform and H.R. 881: Mr. ENGLISH of Pennsylvania, Mr. mined by the Speaker, in each case for con- Oversight. FATTAH, and Mr. ENGEL. sideration of such provisions as fall within By Mr. MCINNIS (for himself, Mr. KIM, H.R. 896: Mr. MANTON, Mr. SHAYS, and Mr. the jurisdiction of the committee concerned. and Mr. SOLOMON): GREENWOOD. By Mrs. MINK of Hawaii: H.J. Res. 85. Joint resolution expresssing H.R. 945: Mr. BALDACCI, Mr. MCHALE, Mr. H.R. 1369. A bill to provide for the regula- the sense of Congress with respect to North- KING, Mr. MINGE, Mr. OLVER, Mr. HEINEMAN, tion of the airspace over National Park Sys- South dialog on the Korean Peninsula and Mr. PETERSON of Minnesota, Mr. HANCOCK, tem lands in the State of Hawaii by the Fed- the United States-North Korea Agreed Mr. BENTSEN, Mr. LUTHER, Ms. DELAURO, Mr. eral Aviation Administration and the Na- Framework; to the Committee on Inter- PAYNE of New Jersey, Mr. ORTON, Mr. TRAFI- tional Park Service, and for other purposes; national Relations. CANT, Mr. FOX, Mr. MASCARA, and Mr. JA- to the Committee on Resources, and in addi- By Mr. PORTER (for himself, Mr. COBS. tion to the Committee on Transportation SMITH of New Jersey, Mr. CARDIN, Ms. H.R. 961: Mr. YOUNG of Alaska, Mr. COBLE, and Infrastructure, for a period to be subse- FURSE, Mr. PALLONE, Mrs. MALONEY, Mr. BLUTE, Mrs. FOWLER, Mr. BACHUS, Mr. H 4032 CONGRESSIONAL RECORD — HOUSE March 30, 1995

WAMP, Mr. LATHAM, Mr. LAHOOD, Mr. H.R. 1172: Mr. CALVERT, Mr. BUNN of Or- MINGE, Mr. KIM, Mr. PORTER, and Mr. CONDIT, Mr. FIELDS of Texas, and Mr. PICK- egon, Ms. LOWEY, Mr. ANDREWS, Mr. CLAYBURN. ETT. CLYBURN, Mr. KING, Mr. MCDERMOTT, Mr. H. Res. 39: Mr. BERMAN, Ms. FURSE, Mr. H.R. 963: Mr. EMERSON, Ms. FURSE, Mr. RANGEL, Mr. KIM, Ms. LOFGREN, and Mr. SCHUMER, Ms. KAPTUR, and Mr. COLEMAN. FRANK of Massachusetts, Mrs. CLAYTON, and LEVIN. H. Res. 120: Mrs. FOWLER and Ms. BROWN of Mr. RAHALL. H.R. 1203: Mr. PACKARD and Mr. DICKEY. Florida. H.R. 1242: Mr. BLUTE, Mr. WELLER, and Mr. H.R. 977: Mr. BACHUS. f H.R. 983: Mr. MINGE, Ms. RIVERS, Ms. BOEHNER. H.R. 1272: Mr. FROST, Mr. LIPINSKI, and Ms. SLAUGHTER, Mr. WATT of North Carolina, and DISCHARGE PETITIONS— LOFGREN. Mr. WILLIAMS. H.R. 1301: Mr. KENNEDY of Rhode Island and ADDITIONS OR DELETIONS H.R. 989: Mr. QUILLEN. Mr. SPRATT. H.R. 1000: Mr. FAZIO of California and Mr. The following Members added their H.R. 1323: Mr. EMERSON. LEWIS of Georgia. names to the following discharge peti- H. Con. Res. 19: Mrs. MEYERS of Kansas and tions: H.R. 1021: Mr. EHLERS and Mr. RAHALL. Mr. GOODLING. H.R. 1023: Mr. LEWIS of Georgia, Mrs. KEN- H. Con. Res. 50: Mr. KILDEE. [Omitted from the Record of March 24, 1995] NELLY, and Mr. WARD. H. Con. Res. 53: Mr. ABERCROMBIE, Mr. Petition 1 by Mr. CHAPMAN on H.R. 124: H.R. 1024: Mr. ENSIGN. FRANK of Massachusetts, Mr. KING, Mr. Jon Christensen, John Ensign, and Mark Ed- H.R. 1055: Mr. BARCIA of Michigan. ROHRABACHER, Mr. FORBES, Mr. ward Souder. H.R. 1114: Mr. GOODLATTE, Mr. BURTON of FALEOMAVAEGA, Mr. ROYCE, Mr. EDWARDS, Indiana, Mr. ZELIFF, Mrs. ROUKEMA, Mr. Mr. OXLEY, Mr. KNOLLENBERG, Mr. BOEH- [Submitted March 30, 1995] HASTINGS of Washington, Mr. STUPAK, Mr. LERT, Mr. CALVERT, Mr. PAYNE of New Jer- Petition 1 by Mr. CHAPMAN on H.R. 125: STUMP, Mr. BARRETT of Nebraska, Mr. JOHN- sey, Mr. ENGLISH of Pennsylvania, Mr. HAST- Frank Riggs, Richard H. Baker, and Bart STON of Florida, Mr. PARKER, Mr. CANADY, INGS of Washington, Mr. MCNULTY, Mr. WIL- Gordon. Mr. STENHOLM, and Mr. HAYES. SON, Mr. GENE GREEN of Texas, Mr. NEY, Mr. Petition 2 by Mr. STOCKMAN on House H.R. 1143: Mr. BEREUTER. CASTLE, Mr. PALLONE, Mr. EWING, Mr. SCHAE- Resolution 111: Ron Lewis, John Hostettler, H.R. 1144: Mr. BEREUTER. FER, Mr. GREENWOOD, Ms. LOFGREN, Mr. George Radanovich, and Linda Smith. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, THURSDAY, MARCH 30, 1995 No. 59 Senate (Legislative day of Monday, March 27, 1995)

The Senate met at 9:20 a.m., on the hour of 10:15 a.m., with Senators to and humble. Because what it essen- expiration of the recess, and was called speak for up to 5 minutes each, with tially says is that within 10 years—his- to order by the President pro tempore the exception of the following: Senator torically that is a snap of the finger, [Mr. THURMOND]. COVERDELL, up to 10 minutes; Senator Mr. President—within 10 years, all of CAMPBELL, up to 10 minutes; Senator our U.S. revenues, all of it, are con- PRAYER COHEN, up to 10 minutes; Senator sumed by 5 things; 5 expenditures, 5 out The Chaplain, Dr. Lloyd John THOMAS, up to 5 minutes; and Senator of 1,000—Social Security, Medicare, Ogilvie, offered the following prayer: KERREY up to 15 minutes. Medicaid, Federal retirement, and the Let us pray: At the hour of 10:15 a.m., the Senate interest on our debt, and then there is Our Father, You have created us to will resume consideration of the nomi- nothing left. There is nothing for the glorify You and enjoy You forever. You nation of Mr. Glickman, to be Sec- School Lunch Program that we are have developed in us the desire to know retary of Agriculture, for 10 minutes of pointing fingers at each other about. You and have given us the gift of faith debate. At the hour of 10:25, this morn- There is not a Defense Department, a to accept Your unqualified love. You ing, there will be a 15-minute rollcall road, a canal, a port widening, an Edu- turn our struggles into stepping stones. vote for the confirmation of the nomi- cation Department, an agricultural We know Your promise is true: You nation. bill, nothing. will never leave us or forsake us. You Following the rollcall vote, the Sen- Mr. President, this is a calamity that give us strength when we are weak, ate will resume consideration of H.R. this generation of Americans must con- gracious correction when we fail, and 1158, the supplemental appropriations front. I said that it was, in my judg- undeserved grace when we need it bill. Senators should, therefore, be ment, a calling so extraordinary to put most. You lift us up when we fall and aware that, following the 10:25 vote, it in the league of the Founders of the give us new chances when we are de- other rollcall votes can be expected Nation—the fight to keep the Nation void of hope. And just when we think throughout the day’s session. united, the fight in Europe. It is of that there is no place to turn, You meet us Mr. President, I would like to be rec- consequence. and help us return to You. We say with ognized according to the order. When I hear the President and his ad- the psalmist, ‘‘Bless the Lord O my f ministration suggesting that we do not soul, and all that is within me bless His have a problem, I am stunned and ap- holy name! Bless the Lord, O my soul MORNING BUSINESS palled—stunned and appalled. To be and forget not all of His benefits.’’— The PRESIDING OFFICER (Mr. moving across the country suggesting Psalm 103:1–2. ASHCROFT). Under the previous order, that everything is a tulip patch, to Lord our work this day is an expres- there will now be a period for the bring a budget, in the face of the bal- sion of our grateful worship. You have transaction of morning business. anced budget amendment and the bi- called us to lead this Nation. Fill us The Senator from Georgia is recog- partisan entitlements commission, and with Your spirit. Infinite wisdom, we nized. to give us a budget that adds $1.4 tril- need Your perspective, plan, and pur- f lion to the debt, $200 billion in deficits pose. We must make crucial evalua- for as far as the eye can see, shows ei- THE PRESIDENT’S BUDGET tions and decisive decisions. The future ther a total disconnect with what is of this Nation is dependent on the guid- Mr. COVERDELL. Mr. President, the happening in the country or contempt. ance You give us this day. Thank You President was in my State and city Mr. President, Secretary Rubin said: for making us wise. In Your holy name. yesterday in what was promoted as an Another way to look at this is that, with- Amen. economic summit. I think one could out the interest the Federal Government Mr. COVERDELL addressed the take some question with that defini- pays on the national debt, the Federal budg- Chair. tion, but we will let that stand. et would now be running a small surplus. The PRESIDENT pro tempore. The The day before that, I had an oppor- That is like saying, arsenic is OK, if distinguished Senator from Georgia. tunity to come to the Senate floor and it was not poisonous. SCHEDULE to discuss findings of the bipartisan en- Mr. President, I am told that the Mr. COVERDELL. Mr. President, this titlements commission. I specifically President himself, speaking to students morning, the time for the two leaders referred to one piece of data that just at Emory University, said the same has been reserved and there will now be stares at you from that report. It thing—that we are really running a a period for morning business until the should make every American somber surplus here.

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

S4837

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4838 CONGRESSIONAL RECORD — SENATE March 30, 1995 Outside of being patently wrong, it is turn this around. We can tighten our cations. I suspect I am the only Mem- exceedingly damaging for these kinds belts fairly. We can remove the obsta- ber of Congress who is actually able to of messages, in the face of what we are cles to an expanding economy. That say I have signed a significant deregu- confronting as a people and a nation. means get the taxes down, Mr. Presi- lation act in 1985 when I was Governor. That would be like, instead of saying dent, get Government regulation down. The delay that I am suggesting, Mr. to the Nation, as President Roosevelt If your prescription for America is to President, comes as a consequence of a did, that this day will live in infamy raise taxes, make more Government, very interesting, what I would call, dis- and charging the Nation for what it and regulate our lives, and in the connect. had to do—which was not a very pretty meantime, tell them messages like Just last November I finished a suc- picture—to have traveled around the this, there is going to be a very serious cessful reelection campaign. In meet- country and saying the world is in day of reckoning, a very serious day of ing after meeting, in debates and so pretty good shape, those fellows are reckoning. forth that we have when facing the vot- really nice guys. Mr. President, I invite the President You are robbing the people of the will ers, they were asking me about term to an economic debate. I can suggest to limits, balanced budgets, health care, that is going to be required to meet him that the empirical evidence is, this test when you tell them things and agriculture policy. Crime, of through all of time, you have to keep course, dominated almost every discus- like this—we are actually running a taxes down, government down, regula- surplus, if it were not for the debt. sion and debate. What are we going to tions down, and let people go to work. do about crime? And while they are saying this, they That is the way to get out of this prob- have already added $1 trillion in new lem. You do not get there by sug- I must say, Mr. President, that never debt or increased it by 20 percent. The gesting to people, in the face of every- in my campaign did the issue of tele- incongruities of this message are be- thing, we know that we are running an communications arise. fuddling. operating surplus. I yield the floor in I say to my colleagues, as important But the real damage is if it misleads total befuddlement. as this legislation is, and I think it is the American people. an urgent and exciting opportunity I will give the other side this. We can Mr. COHEN addressed the Chair. The PRESIDING OFFICER. The Sen- here, the citizens, in my judgment, are argue about what priorities are. The not prepared for the change that this priorities that I might feel important ator from Maine is recognized. (The remarks of Mr. COHEN and Mr. legislation would bring to them—sig- may be different from those of the Sen- D’AMATO pertaining to the introduc- nificant change. ator from Minnesota, who was on the floor the other morning while we were tion of S. 648 are located in today’s I suspect the occupant of the Chair talking about these issues of debt. We RECORD under ‘‘Statements on Intro- can remember in 1983 when the divesti- can argue about what we believe more duced Bills and Joint Resolutions.’’) ture occurred. I know in Nebraska, if I important or less important. But it is Mr. LOTT. Mr. President, I ask unan- put it to the voters, do voters want to not debatable that the United States is imous consent that I have 10 minutes go back to the old AT&T or do voters expending moneys it does not have. We instead of the previous 5 minutes for like the new divestiture arrangement, are piling debt upon debt. We have morning business. a very large percentage would have spent every dime we have and $5 tril- The PRESIDING OFFICER. Without said, ‘‘Give me the good old days.’’ Be- lion we do not have, and now we are objection, it is so ordered. cause, all of a sudden, choice meant spending the livelihood of our children Mr. LOTT. Mr. President, I thank the confusion, choice meant competition, and grandchildren and the clock is run- Chair. choice meant a lot of problems that ning out, Mr. President. (The remarks of Mr. LOTT pertaining people were not prepared for. Everybody can contemplate 10 years to the introduction of S. 647 are located The same, in my judgment, is apt to from now. You are either moving into in today’s RECORD under ‘‘Statements occur here. I believe that we need to retirement or your children are about on Introduced Bills and Joint Resolu- come to the floor and argue such ready to go to college or they are look- tions.’’) things as access charges, so we not ing for a job. They would be staring Mr. KERREY. Mr. President, I ask only understand what an access charge down the barrel of this great democ- unanimous consent to speak for 15 min- is but what happens when the access racy having no revenues left to do any- utes as in morning business. charges are decreased, understand what thing. That is a serious problem. And it The PRESIDING OFFICER. The Sen- happens when something called rate re- is going to take a serious response. The ator has that time in the previous balancing occurs at the local level in a administration needs to recognize that. order. competitive environment—which I am Without objection, it is so ordered. They seem to be in denial, sending an advocate of. Chairman PRESSLER budgets that accelerate the problem, f and Senator HOLLINGS deserve an enor- saying things such as Secretary Rubin TELECOMMUNICATIONS mous amount of credit for being able to has just said here. This is what the Mr. KERREY. Mr. President, last move this bill out of committee. President said before Emory University One of the things I brought in a fo- students yesterday, March 29: ‘‘After week, the Senate Commerce Com- mittee reported out a piece of legisla- cused way to this argument was the two years we have a reduction in the need to make sure we had straight- deficit of $600 billion for the first tion, the Telecommunications Com- forward competition at the local level. time’’—much applause, and they petition Deregulation Act of 1995, that So when an entrepreneur comes to the would—‘‘this is the first time since the I consider to be a very important piece information service business and wants mid-sixties when your Government is of legislation. to go to a household and sell informa- running at least an operating surplus.’’ I have come to the floor here this An operating surplus, Mr. President? morning, though, to alert my col- tion, and that entrepreneur buys his This is just staggering and stunning. leagues, who are also interested and ex- lawyers at $50 an hour, he should know So like I said, Mr. President, we have cited about this legislation, that I with certainty they are going to pre- an enormous problem. The clock has think it would be very unwise for Mem- vail over a company that buys, at $500 run out. It has run out. We cannot pass bers to rush the enactment of this bill. or $1,000 an hour, its lawyers who have this baton to anybody else. The living I take that position not because I regular, familiar contact with the reg- Americans, the caretakers of this great have major objections to the legisla- ulators. If we are going to have that democracy, have it in their lap. We tion. Indeed, I have been intimately in- competition, we need that level play- must confront it. We cannot ignore it. volved not just with this bill, but 1822 ing field for the entrepreneur. They And worse, to mislead is so damaging, and the farm team coalition that need to know with certainty they are so harmful, because it is taking the worked it, trying to make certain going to be able to offer their services will away. Everybody would much there would be universal service for to the customer as well. rather hear a rosy story. high-cost rural areas. But in a competitive environment, I want to say, in conclusion, that my I have been very much involved with you cannot price your product below message is not one of gloom. We can the deregulation of telecommuni- cost for very long. That is what we

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4839 have been allowing for 60 years, basi- States have decided they are supposed other members of the committee have cally. We used to have a competitive to learn. It is a government-run oper- done to bring this legislation out. I environment prior to 1934. The country ation. And they are going to be unable, consider it to be at least as important made a conscious decision at the time if property taxes and State sales and as many other things that we have de- that we wanted a monopoly, both at income taxes are the source of revenue, bated thus far this year. Indeed, over the local and long-distance level. We they are going to be unable to take ad- the course of the next 10 years it is apt changed the law in 1934. We created a vantage of this technology. So I was to be the most important thing that we monopoly arrangement. And, as I said, pleased we carved out provisions for do. people, I think, would be hard pressed schools in this legislation. Therefore, I believe it is incumbent to argue against the statement that it We are going to have to debate how upon us not to just come here with an has resulted in the United States hav- do we get our institutions at the local urgency to change the law, but it is in- ing the best telecommunications sys- level to change. It is not going to be cumbent upon us to come here and ex- tem in the world. Though monopolies enough for us merely to change the amine the law we propose to change in general do not seem to work, this Federal regulation, giving them the and examine the details of the law as particular one did. legal authority to ask their local tele- we propose to change them and engage We made a good decision, although it phone company for a connect and to the American people in a discussion of was unpopular, in 1983 to divest. The get a subsidized rate. There is a need what these changes are going to mean divestiture has worked in the context for institutional change, both at the for them. of providing competition in the long- local level and at the State level. Again, I have high praise for the distance area. We now see rates have There is tremendous promise, in my committee and look forward and hope gone down. We see increased quality. judgment, in communication tech- we have the opportunity to come to We see improvement as a consequence nology to help our schoolchildren and this floor for a good, open, and inform- of this competitive environment. to help our people who are in the work- ative debate for the American people. But, again, to be clear on this, all of place to learn the things they need to Mr. President, I yield the floor and I us should understand the implications know, not just to be able to raise their suggest the absence of a quorum. of the statement that in a competitive standard of living, but also to be able The PRESIDING OFFICER. The environment you cannot price your to function well as a citizen and to be clerk will call the roll. product below cost for very long. What able to get along with one another in The assistant legislative clerk pro- that means is that if I have a residen- their communities. ceeded to call the roll. tial line into my home and I am paying Finally, there is tremendous promise Mr. SPECTER. Mr. President, I ask $12 a month for that residential line with communication technology in unanimous consent that the order for and a business is paying $30 a month helping a citizen of this country be- the quorum call be rescinded. for the very same thing, we cannot, as come informed. When you are born in The PRESIDING OFFICER (Mr. residential users, count on that for the United States of America or you COVERDELL). Without objection, it is so long. If the price and the cost to pro- become a citizen of the United States ordered. vide that residential service is $14 or of America through the naturalization f $15, we are not going to be able to process, it is an extraordinary thing to THE NOMINATION OF DAN count for very long on being able to get consider. We are the freest people on GLICKMAN that service for $12. And many of our Earth. No one really seriously doubts rural populations now enjoy $4, $5, $6, that. And the freedoms that we enjoy Mr. SPECTER. Mr. President, in a $7 a month for basic telephone service. as a consequence of being a citizen are few moments we will be voting on con- There are other issues that I think very exciting. firmation of Dan Glickman to be Sec- are terribly important for us to bring But balanced against that, a citizen retary of Agriculture. I compliment to this floor under the rules of the Sen- of this country also has very difficult the President on his nomination for ate, which allow unlimited debate. We responsibilities. It is a hard thing to be that position. I think that former Con- need to have a debate. There is tremen- a citizen, a hard thing. Pick up the gressman Glickman is preeminently dous promise in telecommunications, newspaper, and if you read a newspaper well qualified for that position. promise for new jobs, particularly in a cover to cover today, you have proc- I would like to say that I have known competitive environment, particularly essed as much information in one sin- Dan Glickman since before he was born from those entrepreneurs who are apt gle reading as was required in a life- because we come from the same town, to create most of the new jobs. Those time in the 17th century. We are get- Wichita, KS. Actually we come from a individuals who come in as small busi- ting deluged with information. Sud- number of towns; Wichita, KS and ness people with a great new idea tend denly a citizen needs to know where is Philadelphia, PA. But at various times to be enormously innovative and com- Chechnya, for gosh sakes? What is the in my life I have lived in those places, petitive when it comes to pricing their history of Haiti, for gosh sakes? All of and lived in Wichita. The Specter fam- good or service. I am excited about a sudden I have to know things that I ily and the Glickman family were what competition is going to be able to did not have to know before. To make friends for many, many years. In fact, do, not just for price and quality, but an informed decision is not an easy my father, Harry Specter, was a busi- also for the creation of new jobs in the thing to do. This technology offers us ness associate of Dan Glickman’s country. an opportunity to help that citizen, our grandfather, J. Glickman. Maybe that There is tremendous promise, second, citizens—ourselves included, I might is too high an elevation. Actually, my Mr. President, in our capacity to edu- add—make good decisions. father borrowed $500 from J. Glickman cate ourselves. I give a great deal of That will necessitate institutional in about 1936 or 1937 at the start of a praise, again, to Senator PRESSLER and change, I believe, at the Federal level, junk business. In those days my dad Senator BURNS and Senator ROCKE- but also at the State level to get that would buy junk in the oil fields of Kan- FELLER and others on the committee done. This, along with education, along sas and ship them in boxcars, and ship who put language in here to carve out with jobs, and along with the changes them through Glickman Iron and special protection for our K–12 environ- that our people can expect to have hap- Metal. And J. Glickman got the over- ment. pen, need a full and open and perhaps ride on the tonnage. So our family re- Some will say, why? If it is going to even lengthy debate on this floor be- lationship goes back many, many be market oriented, why would you do fore we enact what I consider to be a years. that? For the moment, at least, our pretty darned good piece of legislation. My family left Wichita in 1942, a cou- schools are not market-oriented busi- The committee finished the bill. ple of years before Dan Glickman was nesses. By that I mean they are gov- They are fine tuning it now. They have born. So that I like to say that I have ernment run. At $240 billion a year, not actually introduced it yet or given known Dan since before he was born. about 40 million students at $6,000 it a title. I am very appreciative of the But I have certainly have known him apiece have to go to school for 180 days fine work that Chairman PRESSLER has for his entire lifetime. I have a very, a year and learn whatever it is that the done and that Senator HOLLINGS and very high regard for him.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4840 CONGRESSIONAL RECORD — SENATE March 30, 1995 He had a very, very outstanding class of local producers could achieve [From the Boston Globe, Mar. 20, 1995] record as a Member of the House of market dominance. FUNDING THE ARTS ENRICHES THE NATION Representatives from Wichita, KS. He I hope that as Secretary, Mr. Glick- (By John Silber) has a very thorough grasp of the agri- man will send a clear signal that such The 104th Congress has brought with it an culture community and farm problems tactics have no place in the rule- open season on federal support for culture. in America; a background that I share making procedures of the Department Members of the congressional leadership to some extent. Russell and Wichita of Agriculture under his leadership or have proposed defunding public broad- and all of Kansas are in the wheat at any other time. casting, and two former heads of the Na- country, and as a teenager I drove a Mr. President, I suggest the absence tional Endowment for the Humanities testi- tractor in the farmland. It is quite an of a quorum. fied that it ought to be terminated and ad- experience to drive a tractor in the The PRESIDING OFFICER. The vised the same fate for the National Endow- ment for the Arts. harvest, round and round knocking clerk will call the roll. The most common charge made against down grain; pulling a combine, again, The legislative clerk proceeded to public broadcasting is bias toward the left, again, and again. It is a great incentive call the roll. and those who would impose a death sen- to become a lawyer, which I did after Mr. LUGAR. Mr. President, I ask tence on two endowments continually trot moving out of Kansas. unanimous consent that the order for out the same horror stories. But beyond his professional qualifica- the quorum call be rescinded. With regard to the NEA, the cases in point tions and his experience, Dan Glick- The PRESIDING OFFICER. Without are some items in an exhibit of Robert man is a great human being, compas- objection, it is so ordered. Mapplethorpe’s photographs, an alleged work sionate, understanding, and will really of art called ‘‘Piss Christ’’ by Andres f Serrano and a piece of blood-spattered per- be able to work with the problems of formance art by Ron Athey. the American agriculture industry. WAS CONGRESS IRRESPONSIBLE? The NEH has subsidized a ludicrously ten- Still I think he has a keen eye for THE VOTERS HAVE SAID YES dentious set of standards for the teaching of budget deficits and cost reductions to Mr. HELMS. Mr. President, anyone history and has funded the Modern Language fit into the trend of the times as we try even remotely familiar with the U.S. Association, the professional association of literary scholars, as it deconstructs into vul- to move to balance the Federal budget Constitution knows that no President for the target year 2002. garity and irrevelence. can spend a dime of Federal tax money These genuine horror stories are not so So I do not know that my colleagues that has not first been authorized and will need too much urging because Dan much the doing of the endowments as irre- appropriated by Congress—both the pressible eruptions of contemporary culture. has such an outstanding record and an House of Representatives and the U.S. It is very likely they would have occurred outstanding reputation. But I wanted Senate. without government subsidy. We live, after to add these few words in support of his So when you hear a politician or an all, in an age when John Cage was taken se- nomination for Secretary of Agri- editor or a commentator declare that riously as a composer. culture. ‘‘Reagan ran up the Federal debt’’ or But these are only the horror stories. The I thank the Chair. I yield the floor. solid achievements of the endowments are that ‘‘Bush ran it up,’’ bear in mind Mr. FAIRCLOTH addressed the ignored in favor of their few sensational mis- that the Founding Fathers, two cen- Chair. takes. turies before the Reagan and Bush The PRESIDING OFFICER. The The NEA has provided startup funds for a Presidencies, made it very clear that it vigorous movement of regional theaters and Chair recognizes the Senator from is the constitutional duty of Congress enriched the musical life in the nation North Carolina. to control Federal spending. through the support of orchestras and other Mr. FAIRCLOTH. Mr. President, I performance groups. The NEH has, among rise to support the nomination of Dan The fiscal irresponsibility of Con- gress has created a Federal debt which other activities, supported some of the most Glickman. I could not help but notice distinguished programs on public television, the Senator from Pennsylvania saying stood at $4,851,857,494,143.63 as of the such as ‘‘Masterpiece Theatre’’ and ‘‘The that he was driving a tractor and that close of business Wednesday, March 29. Civil War.’’ encouraged him to become a lawyer. Averaged out, every man, woman, and Such successes have enriched the intellec- Well, I failed to become a lawyer. child in America owes a share of this tual and artistic life of millions of Ameri- But I rise to support the nomination massive debt, and that per capita share cans, and they have been far more influential is $18,417.06. than the comparatively few failures. of Dan Glickman as Secretary of Agri- Nor is it true that PBS is, as a whole, a lib- culture. f eral enclave. There are, of course programs As the distinguished majority leader JOHN SILBER ON THE ARTS IN on PBS made from a liberal perspective and has indicated, Dan Glickman has an sometimes this perspective amounts to a AMERICA outstanding record on agricultural bias that distorts reality. But PBS is also issues and I am certain that he will Mr. KENNEDY. Mr. President, in a studded with programs produced from a conserve this Nation well as its Secretary thoughtful article in the Boston Globe servative perspective. of Agriculture. entitled ‘‘Funding the Arts Enriches And the great majority of PBS programs As Secretary, I am optimistic that the Nation,’’ John Silber, president of are about as free of ideology as is humanely possible. Consider one recent case, a history Mr. Glickman will take an even-handed Boston University, provides an elo- of the Cold War called ‘‘Messengers from approach to agricultural regulations. quent reminder of the importance of Moscow.’’ The final episode of the series was Recently, legislation has been intro- the arts to the spirit of our Nation. made up largely of interviews with Soviet duced which is intended to provide spe- President Silber effectively rebuts the politicians, bureaucrats and generals. Most cial treatment for a limited class of negative myths about the National En- of them agreed that the Soviet Union had poultry producers. I am referring to S. dowment for the Arts and states the been a fraud, and that the US challenge, or- 600—the so-called Truth in Poultry La- necessity and desirability of continued chestrated largely by Ronald Reagan, had beling Act of 1995. It is anything but funding of the arts. NEA represents brought the Soviet system down and made them see reality. only one-half of 1 percent of the Fed- truth in labeling. Jimmy Carter appeared as the man who This legislation is just one example eral budget. The program it funds and first terrified the Soviets by considering the of the pressures which may be brought disseminates to neighborhoods and neutron bomb, and then was snookered into to bear on the Department of Agri- communities across America are emi- abandoning it by a massive propaganda as- culture during Mr. Glickman’s tenure nently deserving of this moderate level sault. A Russian general explained that had as Secretary. of Federal support. the neutron bomb been deployed, the Soviet I am hopeful that he will not yield to I commend this article to my col- strategy of overwhelming NATO with tanks special interests seeking preferential leagues and I ask unanimous consent would have been rendered useless. market treatment under the guise of that it may be printed at this point in This politically incorrect program was produced by a PBS station with major funding antifraud legislation. If successful, S. the RECORD. from the NEH. It is representative of feder- 600 would result in significant eco- There being no objection, the article ally subsidized culture at its objective best, nomic harm to poultry producers was ordered to be printed in the and it is impossible to imagine it on com- across the Nation—so that a limited RECORD, as follows: mercial television.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4841 If we extended the standard of perfection unnecessarily intrudes into personal On the other hand, another defense now being applied to PBS and the endow- privacy, restricts freedoms, and upsets rewards with complete immunity any ments to other institutions, we should have legitimate law enforcement needs. service provider who goes snooping for long ago terminated the Congress, the State He successfully offered the Com- smut through private messages. Department, the presidency and every merce Committee an amendment that known agency of government. In addition we According to the language of the should have eliminated all hospitals, would make it a felony to send certain amendment, online providers who take schools, colleges and universities and dealt kinds of communications over com- steps to restrict or prevent the trans- with all churches as Henry VIII dealt with puter networks, even though some of mission of, or access to obscene, lewd, the monasteries of England. these communications are otherwise filthy, lascivious, or indecent commu- The NEA has frequently endorsed the mo- constitutionally protected speech nications are not only protected from tion that the sole duty of art is to provoke under the first amendment. criminal liability but also from any and outrage. Great art will, sometimes, do This amendment would chill free exactly that. But that is a consequence, not civil suit for invasion of privacy by a speech and the free flow of information subscriber. We will thereby deputize an end. Monet outraged many of the bour- over the Internet and computer net- geoisie, but that was not his intention, only and immunize others to eavesdrop on works, and undo important privacy a result of the impact his vision of light had private communications. on people raised on a diet of academic real- protections for computer communications. At the same time, this amend- Overzealous service providers, in the ism. guise of the smut police, could censor Public broadcasting and the Endowments ment would undermine law enforce- with impunity private e-mail messages consume only 1⁄50th of 1 percent of the federal ment’s most important tool for polic- budget. By helping to preserve and dissemi- ing cyberspace by prohibiting the use or prevent a user from downloading nate culture they have contributed value far of court-authorized wiretaps for any material deemed indecent by the serv- exceeding their modest funding. Terminating digital communications. ice provider. these useful agencies on the basis of a few Under this Exon amendment, those of I have worked hard over my years in sensational mistakes will do little to balance us who are users of computer e-mail the Senate to pass bipartisan legisla- the budget but will deprive the country of much value. and other network systems would have tion to increase the privacy protec- to speak as if we were in Sunday school tions for personal communications f every time we went online. I, too, sup- over telephones and on computer net- CENSORING CYBERSPACE port raising our level of civility in works. Mr. LEAHY. Mr. President, I rise communications in this country, but With the Exon amendment, I see how today to speak about legislation that not with a Government sanction and easily all that work can be undone— would impose Government regulation possible prison sentence when someone without a hearing or even consider- on the content of communications uses an expletive. ation by the Judiciary Committee, transmitted over computer networks. The Exon amendment makes it a fel- which has jurisdiction over criminal Ironically, this legislation was ac- ony punishable by 2 years’ imprison- laws and constitutional matters such cepted without debate by the Com- ment to send a personal e-mail mes- as rights of privacy and free speech. sage to a friend with obscene, lewd, las- merce Committee as an amendment to Rather than invade the privacy of civious, filthy or incident words in it. a draft telecommunications bill whose subscribers, one Vermonter told me he This penalty adds new meaning to the purported purpose is to remove regula- would simply stop offering any e-mail tion from significant parts of the tele- adage, ‘‘Think twice before you speak.’’ All users of Internet and other infor- service or Internet access. The Physi- communications industry. mation services would have to clean up cian’s Computer Co. in Essex Junction, It is rumored that this matter could their language when they go online, VT, provides Internet access, e-mail be headed for consideration by the Sen- whether or not they are commu- services, and medical record tracking ate on Monday, although the bill has nicating with children. services to pediatricians around the yet to be introduced and the Commerce It would turn into criminals people, country. Committee has yet to issue its report who in the privacy of their own homes, The President of this company let me on the measure. download racy fiction or indecent pho- know that if this amendment became There is no question that we are now tographs. law, he feared it would cause us to lose living through a revolution in tele- This would have a significant chilling a significant amount of business. We communications with cheaper, easier effect on the free flow of communica- should be encouraging these new high- to use and faster ways to communicate tions over the Internet and other com- technology businesses, and not be im- electronically with people within our puter networks. Furthermore, banning posing broad-brush criminal liability own homes and communities, and the use of lewd, filthy, lascivious or in- in ways that stifle business in this around the globe. decent words, which fall under con- growth industry. A byproduct of this technical revolu- stitutional protection, raises signifi- These efforts to regulate obscenity tion is that supervising our children cant first amendment problems. on interactive information services takes on a new dimension of responsi- Meanwhile, the amendment is crafted will only stifle the free flow of infor- bility. to protect the companies who provide mation and discourage the robust de- Very young children are so adept us with service. They are given special velopment of new information services. with computers that they can sit at a defenses to avoid criminal liability. If users realize that to avoid criminal keypad in front of a computer screen at Such defenses may unintentionally en- liability under this amendment, the in- home or at school and connect to the courage conduct that is wrong and bor- formation service provider is routinely outside world through the Internet or ders on the illegal. some other online service. For example, the amendment would accessing and checking their private Many of us are, thus, justifiably con- exempt those who exercise no editorial communications for obscene, filthy, or cerned about the accessibility of ob- control over content. lewd language or photographs, they scene and indecent materials online This would have the perverse effect will avoid using the system. and the ability of parents to monitor of stopping responsible electronic bul- I am also concerned that the Exon and control the materials to which letin board system [BBS] operators amendment would totally undermine their children are exposed. from screening the boards for hate the legal authority for law enforce- But Government regulation of the speech, obscenity, and other offensive ment to use court-authorized wiretaps, content of all computer communica- material. Since such screening is just one of the most significant tools in law tions, even private communications, in the sort of editorial control that could enforcement’s arsenal for fighting violation of the first amendment is not land BBS operators in jail for 2 years if crime. The Exon amendment would im- the answer—it is merely a knee-jerk they happened to miss a bit of obscen- pose a blanket prohibition on wire- response. ity put up on a board, they will avoid tapping digital communications. No Although well-intentioned, my good it like the plague. Thus, this amend- exceptions allowed. friend from Nebraska, Senator EXON, is ment stops responsible screening by This means the parents of a kidnap- championing an approach that I believe BBS operators. ping victim could not agree to have the

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4842 CONGRESSIONAL RECORD — SENATE March 30, 1995 FBI listen in on calls with the kid- It would be bad enough if I were talk- while President Clinton and State De- napper, if those calls were carried in a ing about a foreign government, but I partment officials were saying publicly digital mode. Or, that the FBI could am not. I am talking about the United that the U.S. Government had no infor- not get a court order to wiretap the fu- States, where an American citizen, mation. ture John Gotti, if his communications Jennifer Harbury, practically had to And now we have reports that the were digital. starve herself in order to get her gov- U.S. Army and the National Security Many of us worked very hard over ernment to admit that it had informa- Agency not only may have known the last several years and, in par- tion about the fate of her husband, about those murders, but may have re- ticular, during the last Congress, with Efrain Bamaca, who disappeared in cently tried to conceal their involve- law enforcement and privacy advocates Guatemala in 1992. ment by shredding documents. to craft a carefully balanced digital te- Ms. Harbury fasted for 32 days before lephony law that increased privacy she was told that, contrary to what Mr. President, that is deplorable. protections while allowing legitimate she, I and other Senators had been told What national interest does that serve? law enforcement wiretaps. That work by both the Guatemalan Government What is served by the CIA withholding will be undercut by the amendment. and the State Department, her husband information from the President of the Our efforts to protect kids from online had been captured by the Guatemalan United States? What message does it obscenity need not gut one of the most army and tortured. send, for our Ambassador to be telling important tools the police have to The Guatemalan army, many of the Guatemalan army how much we catch crooks, including online crimi- whose members were trained in the value democracy and human rights, nals, their ability to effectuate court- United States at the School of the when the CIA is paying them to com- ordered wiretaps. Americas, claimed Mr. Bamaca had mit torture and murder, and to betray The problem of policing the Internet shot himself. Then, when it turned out their own Government? is complex and involves many impor- that someone else was in the grave Those soldiers knew there were tant issues. We need to protect copy- where they said he was buried, they de- righted materials from illegal copying. criminals in their own ranks who were nied he had ever been captured. on our payroll, while our Ambassador We need to protect privacy. And we Then they tried to discredit Ms. was making lofty speeches about need to help parents protect their chil- Harbury, who unfortunately for them human rights. dren. was not intimidated. Two years ago a I have asked a coalition of industry witness told her that her husband had The State Department said it had and civil liberties groups, called the been captured alive and tortured, but stopped aid to the Guatemalan mili- Interactive Working Group, to address she could not prove it and the adminis- tary to send a message about the mur- the legal and technical issues for polic- tration did little to find the truth until der of Michael DeVine, while the CIA ing electronic interactive services. In- the press stories about her hunger was subverting that policy by paying stead of rushing to regulate the con- strike became too embarrassing. them under the table. What national tent of information services with the Even today, the Guatemalan army interest did that serve? Exon amendment, we should encourage denies it captured Bamaca, and the the development of technology that You would have thought we learned Guatemalan Government says it has no gives parents and other consumers the our lesson after so many similar epi- information about his fate even though ability to control the information that sodes during the 1980’s in Central it has had the information for at least can be accessed over a modem. America, but obviously the CIA never Empowering parents to control what a month. did. It orchestrated the overthrow of Mr. President, I was sickened, as their kids access over the Internet and the Guatemalan Government in 1954. enabling creators to protect their in- were we all, by the murder of the Jes- During the Reagan years, the CIA re- tellectual property from copyright in- uit priests in El Salvador, by soldiers peatedly behaved like it was above the trained in the United States. Almost as fringement with technology under law, and apparently little has changed. bad was the attempt of the Salvadoran their control is far preferable to crim- Even when the sordid truth came out, army, including the Minister of De- inalizing users or deputizing informa- the CIA’s response was that it had not fense who for years had been coddled tion service providers as smut police. known about Colonel Alpirez’ involve- by American officials, to cover up its Let’s see what this coalition comes ment at the time the crimes occurred. involvement in that heinous crime and up with before we start imposing liabil- What a typical, feeble attempt to hide so many other atrocities there. ity in ways that could severely damage its own responsibility during the years But here we have a situation where electronic communications systems, since. sweep away important constitutional the CIA, presumably believing by some rights, and undercut law enforcement twisted logic that it was furthering Mr. President, our goals in Central at the same time. some national interest, reportedly paid America today should be unambiguous. We should avoid quick fixes today a Guatemalan colonel, probably one of They are democracy, human rights, ci- that would interrupt and limit the many, who it believed was involved in vilian control of the armed forces, and rapid evolution of electronic informa- torture and murder. economic development for all people. tion systems—for the public benefit far The CIA continued its payments to Absolutely no national interest is exceeds the problems it invariably cre- Colonel Alpirez even after it had infor- served by subverting those goals. ates by the force of its momentum. mation about his connection with the Before we lecture the Guatemalans f murder of an American citizen, Mi- about democracy and human rights, chael DeVine. JENNIFER HARBURY maybe we should pay attention to what According to reports, the CIA sent is going on in our own country. I am Mr. LEAHY. Mr. President, imagine millions of dollars to the Guatemalan very encouraged by reports that Presi- a government, a democracy, whose offi- military even after the Bush adminis- dent Clinton has a governmentwide re- cials withheld information about its in- tration cut off military aid on account view of these allegations, and has said volvement in the death of one of its of the Guatemalan military’s cover-up that anyone who intentionally with- citizens, and lied about its knowledge of the DeVine murder. held information will be dismissed. of the torture and death in a secret I remember that, Mr. President, be- That would send a strong message that prison of the spouse of another of its cause I was among those who urged the there is a price for this kind of out- citizens. cut-off of aid, and I was assured by the rageous behavior. Imagine if at least one of the people State Department that it had been cut connected to those atrocities had been off. Now we learn that was false, be- I am also pleased that the White trained by that government, paid by cause the CIA was secretly keeping the House has ordered that all documents that government, and continued to re- money flowing. relating to these allegations be pre- ceive payments of tens of thousands of The CIA withheld information about served. I only wish someone had tax dollars even after the government Colonel Alpirez’ involvement in the thought to do that weeks or months knew of his crime. DeVine and Bamaca murders, even ago.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4843 Jennifer Harbury has been trying to The Chair recognizes the Senator The PRESIDING OFFICER. The get the facts about her husband ever from Indiana. clerk will call the roll. since she learned for sure that he was Mr. LUGAR. I thank the Chair. Mr. President, I support the nomina- The legislative clerk proceeded to captured alive. She still does not know call the roll. when her husband died, how he died, tion of Dan Glickman to be Secretary who killed him and what was done with of Agriculture. Mr. Glickman is a Mr. LUGAR. Mr. President, I ask his body. She is like the widows and former chairman of the House Intel- unanimous consent that the order for mothers of tens of thousands of other ligence Committee and was, for 18 the quorum call be rescinded. Guatemalan victims of the army’s bru- years a highly respected member of the The PRESIDING OFFICER. Without tality and impunity, but at least one House Agriculture Committee. Sen- objection, it is so ordered. would hope that her own Government ators involved in agricultural debates Mr. GRASSLEY. Mr. President, I rise would give her whatever information it and conferences with the House know today in support of the nomination of has that might lead to answers. Dan Glickman as a conscientious, stu- Any information concerning the fate dious, and thoughtful legislator. Dan Glickman for the position of Sec- of Ms. Harbury’s husband should be Mr. Glickman will begin his tenure retary of Agriculture. Mr. Glickman is promptly turned over to her. at an important moment in the Agri- uniquely qualified to lead the Depart- Mr. President, the deaths of Michael culture Department’s history. USDA is ment of Agriculture through this vital DeVine and Efrain Bamaca are but two among the largest Federal Depart- time in its history. examples of the tragic consequences of ments. It comprises agencies that over- For the first time in my career serv- many disgraceful relationships our in- see national forests, administer the ing in Congress, the very existence of telligence agencies have cultivated in School Lunch Program, distribute food the farm programs is being debated. In Central America. They have given stamps, and provide agricultural sup- past farm bill debates, we have vigor- money and protection to the worst ports. ously debated the content and sub- In essence, 43 branches of USDA will criminals. They have withheld infor- stance of the farm program. But this mation from the White House, the be consolidated into 29 under the reform legislation adopted by the Con- year we are debating whether any type State Department and the Congress, of farm program is justified. and from American citizens who are gress last year. Thus, USDA is in need of strong leadership and direction at Some in the agricultural community the victims of their intrigues. They this moment. It requires active man- view this debate as an assault on the have even behaved like criminals agement by a Secretary who is knowl- traditional way of providing for a sta- themselves. What is this intelligence for? It edgeable, engaged, and assertive. Only ble food supply and a strong agri- causes the murder of innocent people. in this way can the Department effec- culture sector. I view this debate as an It corrupts. It obstructs justice. It is tively implement its much needed reor- opportunity to make our case for agri- contrary to our policy. There is no na- ganization. Only through vigorous culture. Agriculture contributes 16 per- leadership can the Department guide tional interest in that. cent to this country’s gross national Mr. President, with a new director of the development of the 1995 farm bill. product. The United States continues intelligence about to take office, it is The omnibus legislation we are about to export more agriculture products long past time to take whatever steps to consider in Congress will reauthor- than it imports. So in a time when the are necessary, and I mean whatever ize many of USDA’s programs. So far, United States suffers from a substan- steps, to ensure that this kind of activ- the administration has made no pro- tial trade deficit, agriculture continues ity stops once and for all. People paid posals to the Congress detailing its to enjoy a trade surplus. views on what should be in that farm by the CIA should be warned that they bill. Dan Glickman is well qualified to will not be shielded if they commit The nominee has stated that he will argue the case in favor of continuing murder or other gross violations of become involved immediately in devel- the farm programs. Others have spoken human rights. And the Congress should oping administration positions on the of Mr. Glickman’s 18 years in Congress have prompt access to information farm bill. Senate hearings on the sub- and his work on three prior farm bills. from any government agency about the ject have already commenced. It is im- While representing the Fourth Con- fate of American citizens or their rel- portant that the new Secretary be congressional District in Kansas, Mr. atives. If the law needs to be changed firmed promptly. Glickman was a champion for the to make that happen, then let us Mr. Glickman appeared before the wheat and feed grains programs. Mr. change the law. Agriculture Committee of the Senate Glickman knows the details of the f on March 21 and his nomination was fa- farm programs, and more importantly, CONCLUSION OF MORNING vorably reported on March 23 by a he understands why the country needs BUSINESS unanimous vote. He answered Sen- to provide a safety net for the family ators’ questions on a wide variety of farm system. The PRESIDING OFFICER. Morning topics and was presented to the com- business is closed. I would like to address one issue that mittee by our distinguished majority Dan has championed from his first days f leader, Senator DOLE; the chairman of in Congress, an issue in which I also EXECUTIVE SESSION the Labor and Human Resources Com- strongly believe. One of the first bills f mittee, Senator KASSEBAUM; and the Dan introduced in Congress was a bill chairman of the House Agriculture NOMINATION OF DANIEL ROBERT to promote the increased use of eth- Committee, Mr. Roberts. All of these anol, a form of fuel manufactured with GLICKMAN, OF KANSAS, TO BE distinguished Kansas legislators spoke SECRETARY OF AGRICULTURE the use of corn. From his first days in highly of him. Congress, Dan advocated the use of al- In his responses to Senators’ ques- The PRESIDING OFFICER. Under ternative fuels in order to promote new tions, Mr. Glickman was forthright and the previous order, the Senate will now uses of agricultural products and pro- thoughtful. He and I do not agree on go into executive session to consider mote national security interests by re- every issue, but we expect to work to- Executive Calendar No. 50, the nomina- ducing the U.S. dependency on foreign gether cordially and cooperatively tion of Daniel Robert Glickman to be oil. Later, Dan served on the National even when we have differences. I an- Secretary of Agriculture. Alcohol Fuels Commission where he The clerk will report the nomination. ticipate that there will be many more continued to support this vital cause. I The legislative clerk read the nomi- areas of agreement than disagreement. nation of Daniel Robert Glickman, of Dan Glickman should be confirmed urge him to continue to work hard for Kansas, to be Secretary of Agriculture. by the Senate as Secretary of Agri- the interests of alternative uses of ag- The PRESIDING OFFICER. Under culture, and I urge my colleagues to ricultural products, and specifically the previous order, there will now be 10 vote for his nomination. the increased use of ethanol. minutes of debate equally divided in Mr. President, I suggest the absence Another issue that I would like to the usual form. of a quorum. urge Dan Glickman to focus on in his

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4844 CONGRESSIONAL RECORD — SENATE March 30, 1995 term as Secretary is foreign trade. As I I also announce that the Senator The Senate resumed consideration of stated earlier, agriculture enjoys a from Kansas [Mrs. KASSEBAUM] and the the bill. trade surplus. Furthermore, the early Senator from Minnesota [Mr. GRAMS] Pending: evidence indicates that farmers have are absent due to a death in the family. Hatfield amendment No. 420, in the nature greatly benefited from recent free- Mr. FORD. I announce that the Sen- of a substitute. ator from North Dakota [Mr. CONRAD], trade agreements such as GATT and The PRESIDING OFFICER. The Sen- the Senator from North Dakota [Mr. NAFTA. I understand that Mr. Glick- ator from Oregon is recognized. man’s record has been supportive of ag- DORGAN], and the Senator from New Mr. HATFIELD. Mr. President, I be- ricultural trade, although he felt it Jersey [Mr. BRADLEY] are necessarily necessary to vote against the GATT for absent. lieve we were proceeding under a unan- other reasons. I would just urge Mr. I further announce that, if present imous-consent agreement reached yes- Glickman to do everything within his and voting, the Senator from North terday relating to the Daschle amendment being laid down at this time. Has authority to open new markets for U.S. Dakota [Mr. DORGAN] and the Senator that been vitiated? agricultural exports. As chairman of from North Dakota [Mr. CONRAD] would the Finance Subcommittee on Inter- eacy vote ‘‘aye.’’ The PRESIDING OFFICER. It has national Trade, I would be happy to The PRESIDING OFFICER. Are there not. work with him on this endeavor. any other Senators in the Chamber Mr. HATFIELD. Mr. President, I ask In closing, I would reiterate my sup- who desire to vote? unanimous consent that be vitiated at port for the nomination of Daniel The result was announced—yeas 94, this moment, on the basis that Senator Glickman for Secretary of Agriculture nays 0, as follows: DASCHLE would like to take another and look forward to working with him [Rollcall Vote No. 120 Ex.] opportunity to present his amendment. in his new position. YEAS—94 The PRESIDING OFFICER. Without Mr. LEVIN. Mr. President, I am Abraham Ford McCain objection, it is so ordered. pleased that the President has nomi- Akaka Frist McConnell Mr. HATFIELD. Mr. President, let nated and the Senate is about to con- Ashcroft Glenn Mikulski me just briefly outline the status of Baucus Gorton firm former Congressman Dan Glick- Moseley-Braun Bennett Graham Moynihan this bill, where we are. man as the new Secretary of Agri- Biden Gramm Murkowski I need not say that there are many culture. He has an encyclopedic knowl- Bingaman Grassley Murray amendments that we are aware of that Bond Gregg Nickles edge of U.S. and international agri- Boxer Harkin have been indicated that many wish us Nunn culture and the U.S. Department of Ag- Breaux Hatch Packwood to consider. I will say to the authors of Brown Hatfield riculture. He will make an excellent Pell each of those amendments that we are addition to the Cabinet. I strongly sup- Bryan Heflin Bumpers Helms Pressler ready to consider those amendments port his confirmation. Burns Hollings Pryor and will be happy to do so. Secretary Glickman and I had a Byrd Hutchison Reid I have checked with the Republican chance to talk recently about Michi- Campbell Inhofe Robb Chafee Inouye Rockefeller leader and the Republican leader has gan’s agricultural picture. I did not Coats Jeffords Roth indicated support for the matter of have to spend a lot of time impressing Cochran Johnston Santorum pushing this bill to completion today. I him with my knowledge of the vi- Cohen Kempthorne Sarbanes say today, and possibly tomorrow—but brancy and diversity of the agriculture Coverdell Kennedy Simon Craig Kerrey tomorrow will be 12:01 a.m. onward, not sector in Michigan. He was already fa- Simpson D’Amato Kerry Smith beginning at 10 o’clock tomorrow, if we miliar with it, as he had the good for- Daschle Kohl Snowe have to push it over. We are going to tune to attend college in Michigan. DeWine Kyl Specter continue this bill through the night, if Mr. President, I look forward to Dodd Lautenberg Stevens Dole necessary into the a.m., in order to Leahy Thomas working with the new Secretary to pro- Domenici Levin Thompson complete this bill. mote and legislate wise agricultural Exon Lieberman Thurmond So, consequently I think everyone policy and continuing his predecessor’s Faircloth Lott Feingold Lugar Warner ought to be on notice that the time efforts to improve efficiency at the De- Wellstone Feinstein Mack agreements that everyone has been so partment in the coming years. I am NOT VOTING—6 cooperative on thus far, in reaching particularly looking forward to work- time agreements—we would like to be ing with him and the Department on Bradley Dorgan Kassebaum Conrad Grams Shelby able to consider every amendment and promulgating a Federal marketing we will consider every amendment, order for tart cherries, and getting So the nomination was confirmed. The PRESIDING OFFICER. Under hopefully with some time agreement some of Michigan’s most abundant for each one. crops and agricultural products, like the previous order, the President will I just make that comment because tart cherries, into the School Lunch be notified of this action. we must complete this bill tonight. We Program. Mr. LUGAR. Mr. President, I move to The PRESIDING OFFICER. The reconsider the vote. are, at the same time, I say to my col- question now occurs on the confirma- Mr. LEAHY. I move to lay that mo- leagues, functioning on about eight tion of the nomination of Daniel Rob- tion on the table. subcommittees in conference on the The motion to lay on the table was ert Glickman, to be the Secretary of first appropriations bill. We are doing agreed to. Agriculture. that right now. Mr. LUGAR. Mr. President, I ask for f So we will accommodate each Mem- the yeas and nays on the nomination. LEGISLATIVE SESSION ber if we can have a little ‘‘heads up’’ The PRESIDING OFFICER. Is there a as to the content of your amendments, The PRESIDING OFFICER. The Sen- sufficient second? There appears to be so we may have the subcommittee ate will now return to legislative ses- a sufficient second. chairmen present on the floor when sion. The yeas and nays were ordered. you offer your amendment in order to The PRESIDING OFFICER. The f engage in discourse. Those sub- question is, will the Senate advise and EMERGENCY SUPPLEMENTAL committee chairmen are now with the consent to the nomination of Daniel APPROPRIATIONS ACT House committee chairmen, working out the first supplemental appropria- Robert Glickman, of Kansas, to be Sec- The PRESIDING OFFICER. The tions bill. So give us a few moments in retary of Agriculture? The yeas and clerk will report the pending business. order to secure their presence on the nays have been ordered. The clerk will The bill clerk read as follows: call the roll. floor to take up and discuss your par- A bill (H.R. 1158) making emergency sup- ticular amendment. The legislative clerk called the roll. plemental appropriations for additional dis- Mr. LOTT. I announce that the Sen- aster assistance and making rescissions for If it would be possible, I would like to ator from Alabama [Mr. SHELBY] is the fiscal year ending September 30, 1995, and have the listing, so we can get a little necessarily absent. for other purposes. ‘‘heads up’’ ourselves, of what to expect

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4845 in terms of amendments. So I ask In New Mexico this use has proven to sets in these various areas. I have of- Members to give us that opportunity to be cost effective. The average one-time fered to restore this funding, this $13 know the content and therefore iden- grant under this program has been million that is involved here. The De- tify the subcommittee. We have our about $500. While the cost to house and fense environmental restoration and staff of these subcommittees here to feed a single individual has been at waste management fund, as noted by assist, to expedite the whole process. least $600 a month in my State, a fam- the committee itself in its report on We are happy to work with them. ily would be more expensive, of course, this legislation, has a very large So with that, I yield the floor. to house and to feed. amount of unobligated funding in a The PRESIDING OFFICER. The Sen- Other States do equally good things total program of $5 billion. Further- ator from New Mexico. with this homeless assistance funding. more, a special commission, the Galvin Mr. BINGAMAN. Mr. President, I ask Massachusetts, for example, in addi- Commission, has found that this the manager of the bill, the Senator tion to paying for rent deposits, also money is not accomplishing its mission from Oregon, if it is appropriate to used funding of this type last year to in an efficient manner and that we as a send an amendment to the desk. He in- prevent evictions, to prevent utility country, and the Department of Energy dicates it is. shutoff, to purchase blankets and heat- more specifically, should delay or mod- AMENDMENT NO. 426 TO AMENDMENT NO. 420 ers, provide counseling to children in ify this planned expenditure of funds. (Purpose: To restore funding for programs domestic violence situations involved I will read a very short excerpt from under the Community Services Block with the homeless. The other States Grant Act) the so-called Galvin Report on Alter- have accomplished other worthy pur- native Futures for the Department of Mr. BINGAMAN. Mr. President, I poses with this relatively small send an amendment to the desk and Energy National Laboratories. On page amount of funding. 30 of that report in talking about var- ask for its immediate consideration. Mr. President, it appears to me that ious environmental cleanup activities The PRESIDING OFFICER. The this block grant program which bene- funded under this pot of money that I clerk will report. fits the neediest in our society is exam going to get the $13 million from, The bill clerk read as follows: actly the sort of program that many of the Galvin Commission said: The Senator from New Mexico [Mr. BINGA- our colleagues, particularly on the MAN], for himself, Mr. DASCHLE, and Mr. House side but here in the Senate as Other activities should be delayed or modi- SIMON, proposes an amendment numbered 426 fied so as to await more effective and less to amendment No. 420. well, have been arguing for. It flows costly technologies. Mr. BINGAMAN. Mr. President, I ask the money through to the States, and unanimous consent that reading of the allows the States to dedicate it as they Mr. President, what we are proposing amendment be dispensed with. think it should be dedicated within the here in this offset is taking $13 million The PRESIDING OFFICER. Without larger framework of homeless assist- out of a combined fund of approxi- objection, it is so ordered. ance. mately $5 billion, or essentially one- The amendment is as follows: It is particularly surprising to me third of 1 percent. It is a mere drop in On page 14, line 19, strike ‘‘$100,000,000’’ and that it is one of the programs that has the bucket compared to the total fund- insert ‘‘$113,000,000’’. fallen victim to the present budget- ing flow. The committee itself has rec- On page 31, line 9, strike ‘‘$26,988,000’’ and cutting efforts under the pretense that ognized that $100 million should be insert ‘‘$13,988,000’’. we need to make this cut in order to taken out of that. This amendment Mr. BINGAMAN. Mr. President, I meet the emergency needs in Cali- would simply increase that rescission offer this amendment on behalf of my- fornia from the last earthquake or the from $100 million to $113 million so self and Senators DASCHLE and SIMON. last flood. I believe that we need to re- that we could go ahead and use the It is an amendment to restore the fund- store this funding. Many States such as funds for homeless assistance, as we ing for the Community Services Block mine have not yet completed the fiscal had planned to do when we authorized Grant for homeless assistance. This year 1995 funding application proce- and appropriated funds last year. Al- funding, which flows through the dure. though that $13 million will be a mere Let me go through the list of States States to community action agencies, drop in the bucket of the Defense envi- that will be hurt if this rescission is al- accomplishes many badly needed serv- ronmental restoration and waste man- lowed to stand. These are the States ices throughout the Nation. It is my agement fund, it is two-thirds of the that have not yet filed their applica- understanding it is particularly impor- total 1995 funding for the CSBG home- tion for funding in this fiscal year. tant in addressing the problem of less assistance program. homelessness because it is one of the They are still working on that applica- few sources of funds that can be used to tion. They still hope to access these Mr. President, I think that fairly ac- prevent homelessness before it occurs. funds for their homeless populations. curately describes what my amend- It can and is, however, used in a vari- The States that stand to gain from the ment does. I think it is an excellent ety of ways by the different States. restoration of these funds and from the amendment. I urge my colleagues to In my home State of New Mexico, for adoption of my amendment are Arkan- support it. I think that the shift of example, this funding was used to help sas, California, Connecticut, Delaware, funds to this purpose and the mainte- over 260 families and individuals last the District of Columbia, Georgia, nance of effort in this purpose is essen- year in cases in which at least one fam- Iowa, Kansas, Maryland, Massachu- tial. ily member had a job but could not yet setts, Mississippi, New Jersey, my I conclude my remarks at this point obtain housing without assistance. home State of New Mexico, North Da- and reserve any time. I believe there is Grants were made to help these fami- kota, Ohio, Oregon, Puerto Rico, Rhode a time limit. Mr. President, let me ask lies make one-time deposits for utili- Island, Virginia, Washington, and Wyo- if we are operating under a time limit ties or for rent. The assistance helped ming. at this time. provide the stability of a permanent Mr. President, other States, in addi- The PRESIDING OFFICER (Mr. home and thus helped to ensure that tion to this list, may also face funding INHOFE). I advise the Senator from New the persons assisted would be able to cuts as a result of the rescission that is Mexico that there is no time limita- keep their jobs and stay out of home- proposed in the bill if we do not adopt tion. lessness. my amendment. There is no doubt in This sort of help is especially impor- my mind that the rescission is likely Mr. BINGAMAN. In view of that, Mr. tant in States—like New Mexico— to result in increased human suffering President, I yield the floor. I urge my which have a shortage of transitional that can easily be prevented or reduced colleagues to adopt the amendment. housing because most shelters have through programs like the one we have Mr. HATFIELD addressed the Chair. time limits on the time that one could in New Mexico if we just continue the stay there. Families could face con- funding for the program. The PRESIDING OFFICER. The Sen- stant relocation while they save for the I would like to briefly mention the ator from Oregon. necessary deposits to move into a per- offset because I know there is a great Mr. HATFIELD. Mr. President, I am manent living situation. concern which I share that we find off- very happy to accept the amendment.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4846 CONGRESSIONAL RECORD — SENATE March 30, 1995 Mr. BINGAMAN. Mr. President, for a rollcall vote at this time and foreign country without the approval could I address a question to the Chair allow the amendment to be voice of the Congress of the United States, for information from the chairman of voted. I urge all my colleagues to sup- without the approval of the people of the committee? port it. I think it is a major improve- the United States. I would just want to know. My main ment in the legislation, and hope it What we have taking place is one of concern—and I appreciate the offer and will be adopted. the most incredible, most dismaying willingness to accept the amendment The PRESIDING OFFICER. The abdications of our constitutional re- very much—I am anxious that the Sen- question is on agreeing to amendment sponsibility as Members of the Con- ate prevail in the conference with the of the Senator from New Mexico. House. And for that reason, it has been gress. As well-intentioned as the Mexi- The amendment (No. 426) was agreed can bailout may be—and I do not ques- my intention to go ahead and have a to. rollcall vote on this matter so as to tion the motivations of those in the ad- Mr. HATFIELD. Mr. President, I ministration—as much as we might make clear that the Senate feels move to reconsider the vote by which strongly about this. I ask the Senator want to help a neighbor, we have a sys- the amendment was agreed to. tem of laws in this country that re- from Oregon if he thinks that is the ap- Mr. BINGAMAN. I move to lay that propriate course to follow. quires the authorization and the appro- motion on the table. priation and the expenditure of money Mr. HATFIELD. Mr. President, in re- The motion to lay on the table was sponse to the question, I urge the Sen- be approved by the Congress of the agreed to. United States. ator not to follow that procedure on Mr. HATFIELD. Mr. President, I the basis that we can expedite these thank the Senator from New Mexico. Now we have a fiction. A fiction has amendments, especially ones like Sen- I yield the floor. been created as it relates to the estab- ator WELLSTONE’s amendment yester- The PRESIDING OFFICER. The Sen- lishment of the Exchange Stabilization day on his priority for children. We ator from New York. Fund which came into being when the reached an agreement on that. I think AMENDMENT NO. 427 TO AMENDMENT NO. 420 United States moved from the gold I can base that on the fact that this standard. So as to be able to protect bill we have before us has made some (Purpose: To require congressional approval of aggregate annual assistance to any for- our currency against currency fluctua- major changes as to what we received eign entity using the exchange stabiliza- tions, this fund was established and from the House of Representatives. We tion fund established under section 5302 of great authority was given to the Sec- have spent less dollars in this bill, and title 31, United States Code, in an amount retary of the Treasury. As a matter of we have rescinded fewer dollars. But we that exceeds $5 billion) fact, he could not be second-guessed as have moved those rescissions from Mr. D’AMATO. Mr. President, I send it related to the utilization of this fund some programs of less personal need of an amendment to the desk and ask for to protect the American dollar. Con- character to programs of need. We its immediate consideration. gress could not intrude. Congress could demonstrated that as a part of our cre- The PRESIDING OFFICER. The not second-guess. He was given that ation of this bill—everything from clerk will report. authority, and that is as it should be. children’s needs to homeless needs to The bill clerk read as follows: However, even in the Treasury De- low-income energy assistance to stu- The Senator from New York [Mr. dent aid. partment, its memorandum as it re- D’AMATO], for himself, Mr. DOMENICI, Mr. lates to the utilization of these funds So I say to the Senator that the STEVENS, Mr. HELMS, Mr. BROWN, Mr. SHEL- amendment fits compatibly to the BY, Mr. FAIRCLOTH, Mr. MURKOWSKI, Mr. states quite clearly that these funds basic structure of this particular bill. GRAMS, and Mr. PRESSLER, proposes an cannot be used for loan or aid pro- Any Senator can ask for a rollcall. I amendment numbered 427 to amendment No. grams—page 6. And I will ask permis- am not suggesting that I can prevent 420: sion to be able to submit that letter that. I could not if I wanted to. But At the appropriate place, insert the fol- from the general counsel of the Treas- nevertheless I urge the Senator let us lowing new section: ury to the Secretary of the Treasury accept this amendment as a part of a SEC. . CONGRESSIONAL APPROVAL OF CERTAIN and call particular attention to page 6, Senate version of a rescission and sup- FOREIGN ASSISTANCE. the paragraph which says it cannot be (a) IN GENERAL.—Section 5302(b) of title 31, used for a loan or foreign aid. plemental for FEMA. United States Code, is amended by adding at Mr. BINGAMAN. Mr. President, I the end the following: ‘‘Except as authorized Let me tell you, Mr. President, when have great respect for the Senator from by an Act of Congress, the Secretary may you send $5 billion and have plans to Oregon. If he is confident with the Sen- not take any action under this subsection send up to $15 additional billion to a ate position with regard to this, I know with respect to a single foreign government country and that country can utilize that the $13 million rescission in this (including agencies or other entities of that these dollars for up to 7 to 10 years, homeless assistance was also adopted government) or with respect to the currency that is a foreign aid program. That is by the House. Since we would not be of a single foreign country that would result in expenditures and obligations, including not currency stabilization. The fact is, adopting the rescission, I think it is if they did not get the foreign aid, very important that we would go to contingent obligations, aggregating more than $5,000,000,000 with respect to that for- maybe their currency would devalue. conference intending to prevail on that eign country during any 12-month period, be- But by any stretch of the imagination, issue. If I have the assurance of the ginning on the date on which the first such I defy any Member to really buy into Senator from Oregon that he believes action is or has been taken.’’. this fiction and say that this is not for- that will happen without a rollcall (b) EFFECTIVE DATE.—Notwithstanding any eign aid or this is not an emergency vote, then I will defer to him. other provision of this Act, the amendment loan program, an emergency loan pro- made by subsection (a) shall apply to any ac- Mr. HATFIELD. I say to the Senator gram that will take anywhere from 1 to that there is a pattern in handling a tion taken under section 5302(b) of title 31, 7 to 10 years to repay. bill of this kind that you have seen op- United States Code, on or after January 1, erate on the floor; that is, to move to 1995. It has been difficult to get adequate table amendments. I do not know how The PRESIDING OFFICER. The Sen- information from the administration that vote will turn out. But that is sort ator from New York. as it relates to the administration of of our option. I would much rather see Mr. D’AMATO. Mr. President, I have this program, the conditions of repay- this amendment merged with the bill proposed hundreds of amendments. On ment, for what these dollars are being giving us further leverage with the very few occasions have I not asked used. I think it is rather ironic that at House in terms of our conference and that the clerk dispense with the read- this point in time when we have a re- trading and what have you that has to ing of the amendment. But this time I scission bill and we are talking about go on to find a consensus, and I do not wanted the clerk to read the entire rescinding anywhere from $14 to $17 bil- want to make a motion to table such amendment because it is rather con- lion—and let me tell you some of the an amendment because I think it has cise. It says that we shall not permit programs we are looking at, nobody validity. more than $5 billion of our taxpayers’ can argue as to their merit. It is not a Mr. BINGAMAN. Based on that as- funds to be utilized for a loan program question whether we can afford it. It is surance, Mr. President, I will not ask or to be given or made available to any a question of whether or not we are

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4847 going to get our house in order. I think Well, I see my friend, Senator MUR- that we will pay off those debts and ob- it is rather ironic that when we have KOWSKI, here. Maybe he will talk to you ligations. That is what has been taking the Nation’s Capital, right here, with a about the possibility of a repayment as place. It has collapsed. $1 billion deficit, we are sending $20 bil- it relates to the oil revenues; very, Mr. MURKOWSKI. Mr. President, lion to Mexico—taxpayers’ money. In- very, tenuous. will my friend from New York yield for credible. What about an aid program How are you going to get the money? a question? here in the District of Columbia? Are we going to send troops in to seize Mr. D’AMATO. Absolutely. I find it ironic when my State of New the collateral, the oil? The PRESIDING OFFICER. The Sen- York is at a $4 billion deficit, when the Let me tell you something, if they ator from Alaska. Governor and the legislature are facing wanted to do something, if they wanted hard choices, cutting back on Medicaid to really have privatization, that is one Mr. MURKOWSKI. I thank the Chair. programs, cutting back on other wor- thing. Let the free market determine. The reference was made by the Sen- thy programs because we just do not Why is the United States attempting ator from New York relative to bailing have the money and you cannot con- to do what the free market should be out speculators. We have never really tinue to tax and tax and spend and doing? If they collapse because they had any acknowledgement from the ad- spend, and we are cutting back, State were overspending, if they collapse be- ministration as to just who held the after State, making the tough choices, cause there was no value there, then debt, the Mexican bonds. We were told here we are talking about a balanced let the market determine. Why should sometime ago, in an earlier discussion budget 7 years out. My State has a $4 we rush in artificially to, so-called, that the Senator from New York and I billion deficit. Why not a loan guar- prop up their dollar, to pay their for- participated in, that these were bearer antee program to help bail them out? eign debts, to pay off their obligations? instruments. In other words, they were What about Orange County, $2.2 bil- It does not make sense. not issued in the name of a John Doe lion, laying off people—policemen, fire- Mr. President, the Mexican bailout is or a Sally Smith, but if you bought one men, teachers. a failure. What this legislation says is, you were a holder and, as a con- How about some foreign aid right before you send down more money, you sequence of becoming a holder, there here at home? come to the Congress the way you was no identification as to whom the Twenty billion dollars, to where? To should. You get the authority from the holder is. a democracy? No way. To a corrupt Congress of the United States. This loan and guarantee program government, narco dealers, an agricul- And for my friends in the Congress to started out at $6 billion. It escalated to tural Secretary who served for 25 years say, ‘‘Oh, no, don’t do anything; don’t $40 billion and when the administration as a billionaire, whose sons are in- do anything,’’ is wrong. end-runned the Congress, the total volved in narco trafficking. We are If you think that the program is a package exceeded $50 billion—at least bailing out currency speculators. good program, being administered the $20 billion of which comes from the How much of the $5 billion that we right way, then we should say ‘‘Fine, have already sent down there went to United States. vote against my amendment. Vote But my question specifically to the pay off currency speculators? And they against it.’’ But let me tell you some- got every single dollar back and, in Senator from New York is, Why can we thing. If you think you know all of the some cases, 20 percent. not find out who the holders of this facts and you are comfortable, you Mr. President, I have had colleagues debt are, the so-called speculators out say to me, ‘‘Well, you know something, know all the facts, you know how that there? And what is the difference be- if you don’t go forward with this and money is being administered, who is tween investing in a Mexican bearer the Mexican market collapses, they are getting it, how we will be repaid, then bond and investing in the stock mar- going to blame you.’’ I have respect for people who would ket? Well, let me tell you, we have a con- then say, ‘‘Alfonse, this is a bad If you buy IBM shares today at 82 and stitutional responsibility. And if we amendment. I can’t support it.’’ then next week it goes down to 62, do But, if, on the other hand, we do not are going to make aid available to we expect the Federal Government to know how the money is being spent, we them, then let us make the aid avail- bail out that sophisticated investor have doubts as to its being used in this able to them under conditions nec- who, with his or her eyes wide open, manner, we have doubts as to the abil- essary, let us understand where the went in and bought that IBM stock? ity of the Mexican Government to deal money is going. Let us control, not one What is the difference between that with the problem, we have doubts that of the these secret back-room things and a Mexican bearer bond? with the administration, secrecy we do the free market system should be employed in this system, we have doubts Mr. D’AMATO. There is very little not know, giving it to them in difference. Except that in this case, we, tranches. about prepaying speculators who make vast fortunes, billions of dollars as we the U.S. Government, participated in Now I understand a very significant repurchasing billions of dollars’ worth amount, up to $5 billion, is going to go are bailing them out—they are getting of these instruments that people in- out within the next couple of weeks. their money, by the way, they are not vested in and we have literally guaran- We are told, ‘‘Don’t worry. You don’t putting their money back—I say this teed that they would suffer no loss. In- have to worry. There will be repay- has been a failure. deed, not only did they suffer no loss ment.’’ Yesterday, the Mexican market went When they first told us about this down. It has already collapsed. Now but, to add insult to injury, instead program, the administration came for- they are talking about it went up 10 of—by the way, if, in the free market, ward and they said, ‘‘If we have to use percent. Ten percent from what, when you had the free market working, they any money, any money whatsoever, some of the stocks in the fund had a would have gone down, just like the then the program is a failure. Don’t value of $5-plus and they are down now IBM stock and, in most of those cases, worry, because when they see the guar- to 38 cents. And they say it went up 10 that Government could have repur- antees that are there, it is just like the percent, 10 percent on 38 cents. I think chased them when they came in for 20 United States, we are banking this, the the administration is being a little bit cents on the dollar, 30 cents on the dol- world community is banking this. You disingenuous with us when they give us lar. don’t have to worry.’’ those kind of numbers. No, we did not allow the free market Well, we have already sent $5 billion Look behind the numbers. Look to to work. We went in and said, ‘‘Don’t down. And, by the way, some of that see whether revenue is coming back worry. The United States, Big Brother, money, they say they are going to into Mexico. the working middle-class families of repay us over the next 5 to 7 years. Do Do you really think the private sec- America, we are going to provide you you believe a government down in Mex- tor is going to invest in there? The with $20 billion.’’ ico can guarantee we are going to get only time they are going to invest is if So those currency speculators, so- the money back? They say, ‘‘Don’t they are going to buy securities that phisticated investors, they got every worry. We are funding with the oil rev- are backed up by our money, because dollar back they put in and, in some enues.’’ we say that we are going to see to it cases, a 20-percent increase. So instead

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4848 CONGRESSIONAL RECORD — SENATE March 30, 1995 of allowing the free market to work, even going to refinance Mexico’s public to a group of people who have dem- the stock, IBM goes down—Lou debt. onstrated to the Mexican Government Gerstner would not like to hear that— Now, if that is not a loan or foreign that they do not have the capacity to but if you bought the stock and it went aid in contravention to what the Treas- be entrusted with billions of dollars, down, you would think you lost. Can ury Department’s own general counsel particularly when it is not even their you imagine? Why should not the said—if I might, in an opinion by Rob- money. American people have us guaranteeing, ert Rubin, the general counsel, in a let- Mr. MURKOWSKI. Mr. President, whenever they—and I think that is the ter which I would like to have my staff why is this deal different than any Senator’s point—whenever they make get so I can put it in the RECORD, said: other deal that basically turns out to an investment, whether it is in bond Although loans and credits are clearly per- be unsatisfactory, and when it comes market or whether it is in the stock mitted under the ESF, their purpose must be down to a point where the Government market, that if it goes down enough, to maintain orderly exchange arrangements cannot meet its obligation, or the fi- we will come in and guarantee that and a stable system of exchange rates, and nancial house that has issued an in- they will be paid, plus get whatever the not to serve as foreign aid. strument cannot meet the demand, the interest that they were promised on Mr. MURKOWSKI. I wonder if my parties sit down and work something that bond, in this case 20 percent. friend will yield for another question. out relative to how the creditor is It is the most fallacious—by the way, Mr. D’AMATO. Yes. going to get paid. As the Senator from how did that help the Mexican econ- Mr. MURKOWSKI. In view of this New York said, maybe 50 cents, 20 omy? It did make some very sophisti- commitment—and I was just given fig- cents, 30 cents on the dollar. And it ad- cated investors whole, made them ures relative to the total of $52 billion dresses itself in a business fashion, and happy. And I am sure that prior to this as the extent of the funding—some $17 there is a winner and a loser. In most agreement being worked out, they un- billion from the IMF, $20 billion from cases, both sides lose if the investment derstood they were going to take really the United States, which we have iden- is not successful. But it has been point- substantial losses. tified, and $10 billion from the Bank of ed out here in this instance that the So we took American taxpayers’ International Settlements, and from Federal Government has seen fit to money to bail out investors and specu- about five other sources, totaling $52 step in. lators in this situation. billion. The American taxpayer has a Why, I ask the Senator from New I have to tell you, we are preparing right to know who are the general York, is it not more appropriate that to do more. That is right. In the next beneficiaries of this fortunate commit- we bail out, say, the investors in the several weeks, if we do not do some- ment by the Treasury Department, be- Orange County debt? thing like adopt this legislation, we cause the average American that in- Mr. D’AMATO. I agree. will be shipping down to Mexico bil- vests, if he loses, tough; he has lost. Mr. MURKOWSKI. Somebody says lions of dollars more. It is not enough Mr. D’AMATO. Mr. President, my charity begins at home once in a while. that we gave them $5 billion. We are friend is so right. If you ask, are we Is there a difference here between the ready to give them more. Now I find second guessing; sure we are. Our duty Federal Government’s obligation to that incredible. And we do not even is to have oversight, not just to ship step in and bail out the investors that know who these people are. $20 billion and say we cannot micro- hold the Mexican tesobonos? Why not Mr. MURKOWSKI. Let me again ask manage. I am not looking to micro- those that hold the Orange County my friend from New York, you say we manage, but when you are reclaiming debt? do not know who those people are. I billions of dollars in securities, why Mr. D’AMATO. I agree. It seems to find that very curious, and basically would we not want to know who the me that if we were going to use tax- unacceptable. We are committing $20 people were? Why would we not send a payer dollars, a much better case could billion from the economic stabilization representative down, as we do where be made as it relates to guaranteeing fund as the Secretary of the Treasury you have financial collapses, and ar- and giving a loan guarantee, for exam- see fit without any congressional over- range to stretch out the repayment and ple, to Orange County, so they could sight. The proposal of the Senator from to say to some of these people: Here is repay these dollars over a period of New York that is before us would cur- my million dollars; I want my million- time. They have taxpayers. These are tail any further utilization of that dollar bond honored. I want you to pay the citizens of Orange County that are fund, and $5 billion has already been a million dollars plus 20-percent inter- being hurt. These are our constituents, committed, I gather. est. U.S. citizens. That, to me, would be Mr. D’AMATO. It has already been You say: Wait a minute, Mr. Smith much more understandable. sent down there. or Mr. Jones or Mr. Chou, because Mr. MURKOWSKI. Why do we know Mr. MURKOWSKI. We do not know some of these come from abroad, we who those holders of the debt are, and how much has been expended, but the cannot. But I will tell you what we will we do not know who the holders of the holders of these instruments, as they do. We will pay you over a 10-year pe- tesobonos are? become due, are cashing in. They are riod. We are not going to pay you 20 Mr. D’AMATO. Because our adminis- not rolling over their investment. I as- percent interest. We will pay 3 percent tration did not take the time to say, in sume that they have decided the best interest, or maybe we will give you 60 negotiating in this agreement—and thing to do is get their cash. They got cents on the dollar or 30 cents. To sim- again we are rushing down to make their 20-percent interest, and now they ply allow them—them being the Mexi- this money available—look, we are not are pulling their funds out of Mexico. can Government and authorities—to going to pay back dollar for dollar, and Mr. D’AMATO. They are taking the repurchase, not even knowing who the we want to identify who these people ‘‘dough,’’ as they say, and running. And people are, and how many are Amer- are, have them come in, and we will ne- if anybody thinks that they are going ican citizens and how many are the in- gotiate with them. I would like to to reinvest, the only time they are vesting bank houses of Germany, know how much further the market going to reinvest is if they know we are Japan, and other nations? We are told would have collapsed. It went from 10 going to guarantee repayment. everything is going to collapse. to 2 on a relative scale. I mean, would Mr. MURKOWSKI. I wonder where I tell you that the only thing col- it have gone down to 11⁄2? that investment would be going. Would lapsing is our dollar. By the way, why All this business about the damage it be going into marks or yen outside should we not use some of that money being done—the Americans are hated the country, possibly? to reduce the deficit here in the United there in Mexico now because interest Mr. D’AMATO. There is no doubt States? We can do away with the re- rates have gone up. Home interest that those dollars are being taken out. scission bill. Why do we not take the mortgages have gone from 20 to 80 per- We have seen huge outflows of money money right here and say that we are cent. The Mexican people are blaming by the currency speculators, by the going to use this money for deficit re- us, the bad Yankee. We are looked people who are reclaiming their bonds. duction? We do not need a rescission upon with disdain. We are not getting Not all of this $20 billion is being used bill. That is rather absurd, but it any credit for making American tax- for bonds. But a substantial portion is makes more sense than sending it down payer dollars available. Meantime,

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4849 working men and women are scrimping of them—and the average amount of invest their money and run the risk as- and scraping to provide a better way of money was in the nature, and I am haz- sociated with having to offer 20 percent life for their families, and we just arding a guess, of under $20,000. They to get the investment, or not invest at willy-nilly turn the other way and send were the small, middle-class deposi- all. this money down to Mexico and we pay tors. They were the people who held They had to be fairly sophisticated, off speculators. I think maybe some harmless because the Federal Govern- because a person looking for an invest- would have been embarrassed. ment made a guarantee. ment for his or her old age would be I do not know how many large insti- Our different case here, we are talk- foolish to invest and try and generate tutions who invested money there were ing about sophisticated investors. We 20 percent return because he or she bailed out and made substantial prof- are talking about large brokerage would know that is very, very risky. If its. But I think the American people houses. We are talking about mutual investors knew the Federal Govern- have a right to know whether they are fund situations where we came in and ment would bail them out, why, then, American, whether they are Japanese, did not even ask. they are home free. or whether they are German. But who In the case of the failed banks we ob- Now, how in the world could we have were they, and who are we bailing out? viously asked to see—these are our own made this transition? What were high- Mr. MURKOWSKI. Mr. President, let citizens. We had to identify the banks, return, high-risk, investments have me ask the Senator from New York a every single citizen, before he or she now been converted into an obligation question relating to the obligation of a got back his money. of the U.S. Government. holder of an investment. If, through a Let me say, if some of them had over Now, as the Senator from New York mutual fund or a broker, an individual $100,000, they had multiple checking ac- knows, as the Senator from Alaska American acquired some of these bear- counts. And we had a case of a charity knows, if we can get the guarantee or if er bonds—tesobonos—now, what obliga- in New York who did not know. They we can get the kind of bailout that this tion does that person have to report thought because they had multiple has developed, why, a person will take the gain or loss to the Federal Govern- checking accounts and each was under it. In the meantime, the American tax- ment on his or her income tax? $100,000, they are covered. They would payer is taking it in the pants. Mr. D’AMATO. There is no doubt, Mr. Is that not a way of identifying who be wiped out. President, that this is one that goes these holders are? Would not the Inter- We had to get special legislation by down in history as one of the most mis- nal Revenue Service have a record of the Congress to see that our own citi- guided operations to rescue the Mexi- who held these bonds and have to re- zens got back their money. Forget can economy. It is not working. It is port that information? about interest—just got back their not working. Mr. D’AMATO. At some point in money. Again, if we read the reports now, it time, that is absolutely right, when the Here we are paying off foreign specu- is stabilized. The peso, at 6.7, approxi- reported year for that transaction lators who invested in foreign obliga- mately, to $1, where it used to be 3.5. It takes place they will be able to assert. tions 100 percent on the dollar, plus really has not recaptured any ground. Having said that, the IRS will—that their interest on top of that, and we It hit a high of 7. will take some time, probably run into are told, ‘‘We couldn’t find out who The fact of whether it is 6.7 or 8 or 9 the next calendar year—but the IRS they were.’’ is not in the final analysis going to res- will be able to get an idea. Can you imagine? Of course we could cue the economy. I will say, all the It seems to me, though, that the have. We should have insisted on it. We drums are already beating. Treasury people themselves have an should have insisted that they nego- My legislation, oh, horrible things— obligation, before allowing these dol- tiate. Maybe we would want to make the Mexican economy has collapsed. lars to be used, to say we want to iden- certain rules if some of the institutions The Mexican people have been injured tify with specificity exactly ‘‘who,’’ that invested were people, pensioners, as a result of what we have done. They when people come in and get paid off et cetera. hold us in disdain. We are in complicity on the institutions. We might say, ‘‘Let’s give them a with the group of corrupt politicians We have an obligation to know that. break.’’ If some of them were not, we who have—we were sold a bill of goods They never do this. would say we have no legitimate claim about how great and decent and won- Mr. MURKOWSKI. Mr. President, one and maybe we will pay them 20 cents derful Mr. Salinas—how his adminis- of the explanations given in an earlier on the dollar, 30 cents on the dollar. tration was different, how free markets meeting that I think the Senator from No, we ship this money around like it were working. New York was at when the question does not belong to us. Well, it does I will say, the megaspeculator did was asked: ‘‘Who holds this debt?’’ The more than belong to us. well. The people in that government explanation was ‘‘They are bearer in- Mr. MURKOWSKI. I wonder if the who sold out early in terms of the cur- struments.’’ Like a check payable to Senator from New York would yield for rency in the billions of dollars of cur- cash, whoever holds it, owns it and can a minute for an examination of how rency transactions, they made out. basically turn it into cash. risk works? I will say, that this administration, I think there was a comment sug- Many of the bearer bonds were sold the President, the Secretary of the gested, if this thing settles down and with the promise they would return 20 Treasury, withheld vital information we try to work it out, then those that percent interest or thereabouts. Very and seduced the world and the Amer- hold the debt will be known because much, much higher than we can get in ican people into believing that every- they will be represented by themselves the United States on bonds. thing was hunky-dory last year. as they come in with their pile of Of course, the investor has to look at Do not believe me, read the Wash- tesobono and say we want to work that 20 percent and say, ‘‘Why are they ington Post. I will quote them. ‘‘De- something out with the Mexican Gov- willing to pay so much more than the spite warnings, U.S. failed to see mag- ernment to get paid. going rate that is prevailing in the nitude of Mexico’s problems.’’ We not Why did the Treasury Department United States?’’ only failed to see, we covered it up. not see fit to try and address identi- Unlike what the investor would get if Now, it is one thing not to reveal the fication? Who are the beneficiaries of he or she went to his bank, their de- problems and the failings of an ally, this $52 billion bailout? posit would be basically guaranteed by particularly when so important, and it Mr. D’AMATO. Senator, an inter- the Federal Government—$100,000 is another thing to be totally disingen- esting point is raised. I will digress, as through the insurance that the Federal uous and untruthful with the American I do very often. Government mandates that banks people. We rightfully come under great criti- must carry. Here we have, back in April, May, cism related to the savings and loan So, clearly, we have a case here August, September, people in the ad- collapse and the bailout. In that case, where there was a consideration of a ministration, when they knew that people still think that we bailed out handsome return, 20 percent, by the there were serious problems, when the wealthy bankers, et cetera. They were issuance of these bonds. These inves- intelligence agencies of this country the people—we can identify every one tors had to make a decision whether to said, ‘‘You got real problems there.’’

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4850 CONGRESSIONAL RECORD — SENATE March 30, 1995 September, Treasury Secretary ex- investors who held these tesobonos; the vested in high risks, we are bailing presses support for the policies of the debt is due, and the Mexican Govern- them out. Terrific. Zedillo government, after he is elect- ment cannot meet the debt. What hap- Are the Mexican people saying thank ed—September, last year. pens to the investment that went into you? They are not. I would not, if I In July and August, we had serious Mexico? Mexico issued these bearer were them. If my house mortgage went misgivings and warned—warned—the bonds and they got dollars. They did from 20 percent to 80 percent, who do Mexican Government and officials that things with those dollars, things that you think I would hate? The banks there were real problems. We knew we would assume would increase the that are collapsing down there? We are what was taking place. We knew that economic vitality in Mexico. In any going to bail them out. You want to there was a drain on the foreign ex- event, the Mexican Government could talk about a bailout—sure. So the Ger- change. But we did nothing. Yet, the not meet the obligations. Is Mexico man speculators, they were there; the Secretary of the Treasury, when he going to be any worse or better off if Japanese speculators, they were there; met with President Zedillo, said he the American taxpayer reimburses the Wall Street interests, they were supported his policies. Americans who hold that debt? Ameri- there—they got bailed out. Not the In November, President Zedillo met cans are going to be better off. Mexican people. with President Clinton and Secretary Mr. D’AMATO. And other foreign in- The economy is worse, much worse. Bentsen in Washington. Nothing was vestors. Now they talk about, ‘‘Don’t worry, said. In December, he is sworn in; De- Mr. MURKOWSKI. Any foreign inves- they are going to come across the bor- cember 9, the President of the United tor. But it makes, really, no difference ders.’’ They are coming across the bor- States touts Mexico. to Mexico, does it? ders now. Every time we offer a bill on Listen to this. December 9—we knew Mr. D’AMATO. Not to its people. legislation or we fail to send money that they were a basket case. The ad- Mr. MURKOWSKI. No. down, we are going to be threatened ministration knew it. Do you mean to Mr. D’AMATO. As a matter of fact, that we are going to be invaded? We tell me the Secretary of Treasury did tied to the repayment schedule, which are. not tell the President of the United they will never be able to carry out, Let us do a job. We have a job to do. States what was going on? And they has come the most austere measures Because the immigration people are said—this is an article, not me, the placed upon the Mexican people. The not doing a job—this administration or Washington Post: Mexican middle class has collapsed. We the past one—adequately, do not come President Clinton touts Mexico as a case are now viewed as truly the ‘‘Ugly to the American taxpayer and add to study in successful economic development at American’’ in the eyes of the Mexican it, compound it, hit them now with $20 the Summit of the Americas. people. They are aghast at our inter- billion. And this is just the beginning, This article was February 13, 1995. It vention in their national sovereignty. and it is not going to work. And they happen to be right. It is one is quite comprehensive. By the way, Mr. MURKOWSKI. So to walk thing to help a neighbor in need. It is that was just less than 2 weeks before through this very briefly, so we all un- another thing to just simply take dol- the Mexican Government then went derstand the transfer of the obligation lars, throw them down, and then tie through the devaluation, on December here, it has been transferred to the their people, without the permission of 20. American taxpayer and the Mexican their people, to the most incredible tax So here we are, all during that pe- taxpayer by this action. The holders of increases and interest rate increases, riod—August, September, October, No- the tesobonos are being taken care of and create the business failures and vember, December—our administration by this action by the United States collapses that will be blamed upon the knowing, and we are telling everybody Treasury, the guarantee, the $5 billion United States of America. everything is wonderful, a case study that has already been extended. You Mr. MURKOWSKI. The obligation in success. would stop that with this action? Let us talk about complicity. This is falls to the Mexican Government, real- Mr. D’AMATO. Absolutely. absolutely something that was horren- ly, to pay back the $52 billion. But we dous. Now, to compound it by sending are being told that we have to do this Mr. MURKOWSKI. The Senator’s bill $20 billion down to people who do not to stabilize the Mexican Government, would say, ‘‘No more.’’ have the ability—and not even ask who to prevent an economic collapse. But Mr. D’AMATO. No more, unless you are we bailing out? Who are the people really the beneficiaries are the holders come to the Congress. And then let the who are reaping the dividends? That is of the debt and not the Mexican people. Congress have the courage, let them immoral. Mr. D’AMATO. Who have taken their tell the American people why they are I have to tell you something else. If money out. They are not going to be sending money, where they are sending we in the Congress of the United reinvesting. I think the Senator raised it, and under what conditions they are States, for whatever political reasons, the point before. If you were a pension sending it. are seeking political cover, look the fund and you had invested $10 million Mr. MURKOWSKI. And who would other way—we are absolutely deviating or $1 million in these securities in Mex- benefit from that. from what we should be doing. We are ico, and now you got your money out, Mr. D’AMATO. And who would ben- in dereliction of our duty and respon- as a fiduciary—or if you were a bank efit. sibilities. or, again, an investment advisor— I say to Senator MURKOWSKI, you Mr. MURKOWSKI. Would the Sen- under no circumstances would you be never really did a finer job than bring- ator yield. I would just like to explore permitted, without exposing yourself ing us right to the essence of this. a theory. to tremendous liability in terms of in- What kind of free market are we talk- I think the Senator from New York vesting the dollars in that situation. ing about when the people who in- will recall at a meeting that was held That would not be the act of a prudent vested in the free market system had in the leader’s office in January, the investment manager. the Mexican people in Government, and Secretary of the President of Mexico So to hope you are now going to the U.S. people in Government, guaran- was there, and at that time we were stimulate a recapitalization of Mexico teeing their investment? That is not a under the illusion that the current with foreign dollars coming in is ridic- free market system. You invest; you debt was somewhere in the area of $40- ulous. It is just not going to happen. take a chance. You win or you lose. some-odd billion. I believe the Sec- However, Senator MURKOWSKI is ab- You do not have the Government com- retary indicated that the current debt, solutely correct, people throughout the ing to say we are going to bail you out. that is the debt that is due within the world are getting paid back on the And that is what we are doing. current year, was somewhere in the moneys that they invested. We are pay- By the way, to get the facts is incred- area of 70—it was substantially more ing them back, the American tax- ible. Do you think it is easy to try to than we were led to believe by the De- payers. Look around: Working middle- get the facts from the administration partment of the Treasury. class families, our farmers, our plant as to what they are doing? ‘‘Oh, we Let us assume for a moment that operators, our small businessmen—we cannot tell you because if we tell you, most of this debt was held by American are seeing to it that the people who in- they will have a thing and they will

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4851 not know and speculators—the specu- vestors from Europe and other places that it helps our own currency fund, lators will clean up.’’ Or the tesobono who had never theretofore bought never before have we made a loan will go down or the dollar will go even Mexican debt. So they came in. under a situation which has gone be- higher; the peso will go to even 7 or 8 Then we had a meeting on the 6th of yond a year, and in that one case we or 9. January—the Senator from New York I went the year. That was Mexico; in no The damage has been done. Let us believe was attending that meeting of other case. Once again, back in 1982 we wake up. You can just keep the cha- both the House and the Senate with the participated to the extent of $1 billion. rade up for so long. And after we pay administration—with many officials, We are now talking about $20 billion. off all the obligations and all the spec- including Alan Greenspan, Robert I think the Senator from Oklahoma ulators, and all the people who in- Rubin, and others, at which time I is absolutely correct. We are not talk- vested get their money, what do you asked the question: Since we are obvi- ing about $20 billion. We are talking think is going to happen? ously protecting new investors who about $20 billion from the ESF fund, we Mr. MURKOWSKI. Then, theoreti- have bought Mexican debt, who are are talking another $20 billion from the cally, at least, the poor Mexican tax- buying debt and being paid somewhere IMF fund, another unsubstantiated payer is expected to come forward, rein the neighborhood of 20 to 25 percent, participation in the World Bank. We generate the Mexican economy, and which implies to me that there are are talking about other economic pay back the IMF, the United States— some risks involved, where are the Eu- swaps. We are talking about closer to $20 billion, the $10 billion from the ropean countries in joining us behind $40 billion of taxpayers’ money to Bank of International Settlements—so the guarantees of this debt? maybe drawn down on. the Mexican taxpayer has the obliga- The answer was yes, they would be tion in the end, but his country at that behind us. Mr. MURKOWSKI. The Senator from time is in terrible shape. The question I have for the Senator Alaska unfortunately has to leave the What we have done is—Mexico issued from New York is that has been 2 or 3 discussion. I wonder if the Senator these bonds. They could not pay them. months ago now. Has he heard of any of from Oklahoma would carry on. When they become due, Uncle Sam the European countries who have now I want to pledge to my friend from comes along and puts together a deal joined us in underwriting the guaran- New York that I will work with him to under the charade that we have to save tees? stop this hemorrhage of the American Mexico from collapse. But what we are Mr. D’AMATO. To a very limited ex- taxpayer. In fact, we were able to hold doing is: We are paying the holders, tent there has been some participation a meeting, the Senator from New York most of which are Americans who have in this area. One country I believe as chairman of the Banking Com- seen fit to take a handsome return— joined with $3 billion as it relates to mittee, myself as chairman of the En- the brokerage firms and various oth- short-term—very short-term—credit ergy and Natural Resources Com- ers—while we are paying foreign inves- swaps. They have not been engaged in mittee, I think is an appropriate utili- tors with U.S. taxpayer dollars. And a massive kind of relief effort that we zation of our oversight responsibilities. then we look to the Mexican taxpayer are involved in for loans up to 7 or 10 I think it behooves us collectively to and the Mexican economy to come years. Then, of course, through their work with the Finance Committee to back and pay these obligations. participation through the Inter- develop a methodology so that we can I wonder if the Senator from New national Monetary Fund, which in the tell the American taxpayers specifi- York really believes, as the adminis- final analysis we will be called upon to cally who the recipients of this $52 bil- tration tells us, that our so-called help replenish—this is not just a $20 lion bailout are because clearly it is loans are safe because we will have ac- billion bailout. This is $20 billion plus not the Mexican people. It is the hold- cess to Mexican oil, if there is a de- the participation we owe the IMF, plus ers of high-risk debt that is generating fault? Does the Senator believe for one whatever it might be from the World a very handsome rate of return at the moment that we have access to Mexi- Bank. expense and the exposure of the Amer- co’s oil or that we are going to have? So with the exception of some lim- ican taxpayer. (Mr. SHELBY assumed the chair.) ited credit swaps, there has been no I can tell the Senator from New York Mr. D’AMATO. Absolutely not, not- kind of coming forth on the scale of the and the Senator from Oklahoma that, withstanding every dollar that is sup- magnitude which have been expected. if this $52 billion flows out, the people posed to go through the New York Fed Mr. INHOFE. That was leading to the of Mexico are expected to pick up and as it relates to foreign imports. The second question I have for the Senator pay that back. They are not going to fact is they are using these dollars. from New York; that is, another meet- be able to do it. And we know that. We They desperately need these dollars ing took place on the 13th of January 1 should not kid ourselves. As a con- now for their economy to support their week later with somewhat the same sequence, the American taxpayer will social programs, and to support their participants. At that time they were end up as the fall guy, and the sophisti- other programs. The fact of the matter asked again. Where are the guarantors cated investment community in this is that their exports are going down. that are going to join us? At that country and abroad will be the bene- Mr. MURKOWSKI. Production is in point, it was not $20 billion, it was $40 ficiaries. I think the American public decline. billion. I have been fearful, since they is entitled to know who those bene- Mr. D’AMATO. Production is in de- had started to come for concurrence ficiaries are. I intend to work with my cline, and no one is going to give them from both Houses of Congress and then colleagues toward that end in appro- the capital to get their production up went ahead and did it by Executive priate identification of just where this because it is run by who?—a bunch of order that perhaps this $20 billion we handsome return is being funneled. robber barons, a corrupt government. keep hearing about is in fact closer to Mr. INHOFE. Mr. President, will the $40 billion, part one of the question; I thank my friend from New York. I Senator yield for a couple of questions? part two, I picked up a paper going am pleased to join with him in cospon- First of all, let me applaud the Sen- through Dallas—I believe it was a soring this amendment. ator from New York for bringing this newspaper in Mexico—characterizing Mr. D’AMATO. I thank my friend and to the attention of the American peo- this amount of money as not loan guar- colleague from Alaska for really I ple. I have been presiding and listening, antees but foreign aid. think focusing in on the central theme. and join the Senator in offering this Mr. D’AMATO. I believe the Senator We talk about free markets. We are not amendment. I applaud him for it. But I is absolutely correct. It is foreign aid allowing them to work. Then we come would like to back up a little ways and when we become involved in not short- in and we pledge United States tax- recall something to see if the Senator term propping up of the currency for 3 payers and Mexican taxpayers to bail from New York agrees with this; that months or 6 months, which was tradi- out unknown speculators, unknown in- when Carlos Salinas first went in the tionally used, and it is questionable vestors. I would like to know who they perception was that his policies were whether or not it was ever intended to are. And in contravention of the stat- stabilizing the economy, the peso was prop up foreign currencies. But if you ute of the Constitution which says that stable, and all of a sudden we had in- want the argument that it helps us and elected representatives of the people of

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4852 CONGRESSIONAL RECORD — SENATE March 30, 1995 Congress must approve the appropria- Government. And like before, the plan this bill does. I assume we have com- tions of taxpayers funds, it is our con- is being resisted from ordinary Ameri- mitted the $5 billion, but when that is stitutional duty. It is spelled out in ar- cans who know they are going to wind up, we should stop until it comes back ticle I, section 9 of the U.S. Constitu- up paying it back. The working tax- before the entire Congress to make a tion. It says no money shall be drawn payers of this country do not under- decision as to whether we go any fur- from the Treasury but in consequence stand how we can afford to send Mexico ther or not. Maybe we could afford the of appropriations made by law. That $20 billion when the United States is $5 billion but we cannot afford an open- exactly is not what is taking place. going into debt every day at $700 mil- ended check. Mr. President, I see my colleague lion or more. Mr. President, I thank you. I yield from North Carolina is here. I know he The thing about it that has been so the floor. has a statement. He is a cosponsor of confusing—and I have talked to the Mr. D’AMATO addressed the Chair. Senator from New York and everybody this legislation. So I am going to yield The PRESIDING OFFICER. The Sen- else about it—is that when we first the floor. ator from New York. Mr. FAIRCLOTH addressed the heard of this crisis $12 billion was sup- Chair. posed to correct it. Later on, they told Mr. D’AMATO. Mr. President, I The PRESIDING OFFICER. The Sen- us it might take $25 billion. Then we thank Senator FAIRCLOTH not only for ator from North Carolina. went to a meeting and they said $40 bil- his support and cosponsorship of this Mr. FAIRCLOTH. Thank you, Mr. lion would absolutely be such an over- legislation but for his persistence in President. A perfect example of what kill, so much extra money that we asking for the facts. we are talking about in the conflict would not even have to use the $40 bil- Mr. President, I prepared a statement and the lack of direction we have seen lion. and I am going to stick to it and read in this entire process has been that, ac- Now it would appear now they are it at this point. cording to the President’s fiscal year talking about $52 billion. We have no The Mexican bailout is a failure. The budget of 1996, the net position of the idea how much is involved. But there is rights of the American people have exchange stabilization fund is only one thing for sure. It is going to take a been ignored and disregarded. Might I $18.3 billion. Now he is committing $20 lot more money than a country going add, I also believe the rights of the billion out of an $18.3 billion fund. That in debt at $1 billion every working day Mexican people, who we claim we are is by his own figures, not anyone else. ought to be spending. This is a problem interested in, have been injured as But I think the most distressing for the Mexican economy and the Mexi- well. thing about the entire thing is nearly 6 can people to address themselves. It is People of this Nation clearly do not weeks ago I asked Alan Greenspan how not a problem for the U.S. Govern- want to send $20 billion to Mexico even Mexico got into this situation. His an- ment. We simply cannot afford it. when there are the implied threats swer was over-domestic spending, over- The plan thus far has done nothing to that there will be huge immigration borrowing and an out-of-control trade stabilize the Mexican currency. It has masses illegally coming across our bor- deficit. I asked him which one of those gone down against the dollar since the ders. we were doing at a greater rate than announcement of the plan. The administration and the Presi- Mexico. And his answer? None, that we Now, to add bad news to bad news, as dent have arrogantly disregarded the were doing them all. the peso has been dropping against the men and women of America. They have The real question is this: Who is dollar, the dollar has been dropping gone around Congress. The President going to bail us out? That is the dif- against practically every industrialized took money that was supposed to be ference. There is not anyone to bail us country’s currency in the world. So we used to stabilize the American dollar, out. When the time comes, there is no are trying to bail out a weak peso with and we are giving it to Mexico, make bailout. And a perfect example of what a weakening dollar. It simply does not no mistake about it. We are never is happening—and we have all seen it— make sense. going to get this money back. And the is the decline in the dollar. The dollar As I think Senator BROWN from Colo- question as to the use of this money is went into a straight decline after we rado said, nobody ever falls in love a very real and legitimate question refused to balance the budget and when with their banker, and we have seen it that should be answered. Who are we we became entangled with Mexico. clearly in this situation. Mexico will bailing out? President Clinton plans to give Mex- soon resent our interference in their The President has rewarded a corrupt ico $20 billion. ‘‘Give’’ is the right economy and in their political affairs. dictatorial Mexican regime and saved word. Do not call it a loan. There is no There will be ‘‘Yankee go home’’ signs global speculators from massive losses. chance of it being paid back under any up before we ever finish the bailout. In Already, $5 billion—$5 billion—of conditions. It is an absolute giveaway. fact, the evidence is already there. American taxpayers’ money is gone. This type of thing is not new to Mex- During the deliberation on the Presi- Yesterday, the Mexican market still ico. They have been through five or six dent’s first plan, the Mexican Legisla- fell. The collapse of the Mexican stock of these so-called crises before. We sim- ture took a vote in which they said, market continues unabated. It was a ply do not have the money to bail them yes they, have to approve the bailout. terrible mistake for the President to out. This $20 billion we talk about is In other words, they have to decide use $20 billion of the exchange sta- supposed to be used to stabilize the whether they want us to give them bilization fund. That fund was intended currency of this country, and at the money or not. to stabilize and to protect the Amer- rate we are going there is no doubt we Finally, with an administration and ican dollar, not the peso. This is an are going to need it to stabilize the a Congress that cannot control their outrage. It is shocking. It is wrong. currency of this country, and quickly. own spending, the ludicrous part of it I think the President’s plan is a bad all is that we are talking about impos- The President has made conditions in idea from the beginning when you look ing financial constraints on Mexico, Mexico worse for the Mexican people. at the fact that Mexico’s foreign debt what they could spend, domestic spend- Just think of it. The $5 billion already is $160 billion. It is higher than it was ing, telling them to get the trade def- sent to Mexico has been used to repay in 1982, when Mexico simply took a icit in line—we, the United States Con- the Mexican public debt to bail out walk on the world, suspended interest gress, imposing trade constraints and currency speculators and Mexican payments, and precipitated the Latin fiscal constraints on someone when for banks. American debt crisis bailout. 35 years we have been totally out of American taxpayers should not have Unfortunately, in the face of this cri- control, spending and wrecking our to repay Mexico’s public debt and prop sis, President Clinton chose a flawed own dollar against the world’s econ- up Mexican banks. And that is exactly strategy that he has followed before. omy. what is happening. He followed it with health care. And So if we cannot control our own, why Never before has an administration that is a massive Government inter- should we think we are going to be able or an American President taken such vention. The last thing we need in Mex- to control the economy of Mexico? large amounts—$20 billion—from our ico is a massive intervention of this What we need to do is exactly what economic stabilization fund to bail out

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4853 a foreign country. It is totally unprece- arrangements for the sale and dis- against other currencies, taking the dented. Never before has an adminis- regard the fact that money was sup- dollar with it. The inflation rate in tration sent more than $1 billion or posed to go through the Federal bank? Mexico is almost 70 percent, and bank used more than $1 billion from the ESF Are we going to sue them? Are we interest rates in some cases are close fund for a foreign country. going to get judgments against them? to 100 percent. Never before has a President given a If you are going to do that, they will Mr. President, where is the voice of loan to a foreign country for more than sell their oil abroad. If you take a the people? Do the people want us to 1 year from this fund. He should not man’s life away from him, you take make a loan in this situation? We have give a loan at all. That is illegal. away his ability to make a living, he an obligation—a duty—to bring this But the administration has ignored will stop working, and that is what issue into the light. This Senator will precedent and did an end-run around they will do. You do not think that not just stand by and allow this obliga- the Congress. He has given the Mexican they are just going to pump oil for the tion to be buried under political con- regime a line of credit from the ESF sake of paying this debt if they need siderations. for 5 years, and in some cases up to 7 the money? It is preposterous. Maybe President Clinton does not un- years. That has never been done before. Mr. President, given the unprece- derstand that hard-working American It is totally unprecedented. It is wrong. dented size and scope of the President’s people do not want their money being Even the Treasury Department rec- bailout, it is clear to this Senator, and used in this manner, but I do. I was ognized that the ESF may not be used to a dozen others who have cosponsored sent here to fight for them—not the for foreign aid. In an opinion to Treas- this legislation, that it is foreign aid international speculators, not corrupt ury Secretary Robert Rubin, the gen- for Mexico; that it is making a loan foreign governments, as nice as we eral counsel of Treasury advised, and I and, indeed, a loan which is not suffi- want to paint a coat of fresh paint on quote from page 6: ciently collateralized, and that there is them to dress them up. Although loans and credits are clearly per- a good chance American taxpayers will If this administration truly wants to mitted under the ESF, their purpose must be suffer. help Mexico, we should do so by de- to maintain orderly exchange arrangements And, giving Mexico $20 billion of manding fundamental free-market re- and a stable system of exchange rates, and American foreign aid without congres- not to serve as foreign aid. forms. sional approval is wrong. Giving them The first thing the Mexican Govern- This is clear. ESF money cannot be $5 billion without congressional ap- ment can do, if it wants to pay off all used as foreign aid. And that is exactly proval is wrong. Giving them $1 billion its debts, is privatize PEMEX, the what is taking place. is wrong. Mexican national oil monopoly that Treasury also admits that ESF may But this Senator said, ‘‘All right. has been used as a Mexican piggy bank not be used if American taxpayers’ You have given them $5 billion. Let us for corrupt officials year after year money is at risk. hold it. And if, indeed, you can make a after year after year. I want one person to tell me that the case to the American people, to the You have a former agricultural ad- American taxpayers’ money is not at Congress, that they should continue to ministrator, the Secretary, just retired risk. No one can say that. Treasury of- get aid, they should continue to get there. He is a billionaire. He earned ficials cannot say that. They cannot support, then let us have that legisla- $50,000 a year, yet he is a billionaire. say that privately, they cannot say tion, let us have the ability to review And his sons are tied to drug dealings. that publicly, that the American tax- how those dollars will be used, for what Sixty percent of all the drugs that payers’ money is not at risk. Now that purposes, who will benefit.’’ is the law. That comes from their in- And that is the reason this Congress come into this country in terms of co- terpretation. should be brought into this process. It caine are from Mexico as a trans- Treasury admits that ESF may not happens to be the law. shipment place, from top to bottom be used if American taxpayers’ money As elected representatives of the peo- filled with corruption. Do you think is at risk. ple, the Congress must approve the ap- they are going to treat our money like Now, Mr. President, we have to be propriation of taxpayers’ funds. It is it is their own? They will take their kidding ourselves if we are going to be our constitutional duty. cut. They will treat it like their own. saying that that is not the case. We Instead of allowing the free market They will make it their own. Incred- have been told that Mexico has pledged to decide Mexico’s fate, the politicians ible. its oil reserves as collateral for repay- in Mexico City and in Washington mis- Let the Mexican Government elimi- ment. But Mexico can shut off the oil. led the markets. All during 1994, the nate wage and price controls. Let them And, the Mexicans can sell it else- administration told us that the Mexi- see to it that they do not impose false where. The bottom line is that we have can economy was a model for the free and arbitrary standards. Let them no real assurance that America will be world. We supported Mexican President clean up the corruption that is destroy- repaid. What will we do? Will we send Salinas’ candidacy to head the World ing their country and the ability of in the 82d Airborne to collect our Trade Organization. President Clinton their people to believe in it. money if they default? praised Mexico at the Summit of the We should not make ourselves the Are we going to seize the oil wells? America’s, just days before the devalu- international welfare house, certainly Are we going to prohibit them, some- ation of the peso in December. not on this scale. Welfare has failed how, from an agreement that is made This administration has made the dismally in those countries in which with one administration today with an- situation in Mexico far worse than it we have made it the cornerstone of our other administration down there to- needed to become. The peso will rise policy. When will we learn? The road to morrow if they decide, when interest and fall because of market forces—free economic growth is less government, rates at 80 to 100 percent are forcing a market forces—and not because $5, $10, not more government. Let us do the revolution, that they can no longer or $20 billion in American taxpayers’ people of Mexico a favor. Let us de- continue this austerity program? dollars goes south of the border. mand free market reforms. Imagine what the middle class is What is going on in Mexico rivals any Let us not get into the business of doing and saying right now. How long soap opera. There were reports of international welfare. Now, when Con- do you think they can maintain this rampant Mexican corruption and collu- gress must cut domestic programs to austerity program? And this is the sion with drug traffickers. The former balance our Federal budget, is not the only chance they have to make it. So President of Mexico has left the coun- time to send $20-plus billion to Mexico. what happens when they say, ‘‘We can- try; his brother is under arrest for mas- We cannot afford to be Mexico’s bank- not meet these onerous repayment terminding a political assassination. er. The ESF is not the President’s per- schedules’’? Are we going to cut off all The Mexican Army is fighting rebellion sonal piggy bank, and it is our duty to their foreign aid? Are we going to seize in the southern region. protect American taxpayers. all the money that comes through the The peso printing press is still con- Who will bail us out if the dollar con- Federal bank in New York? For how tinuing—as we talk, they are printing tinues to fall? The Japanese? The Ger- long? How long before they make a new pesos—and the peso continues to fall mans? The Mexicans? I doubt it.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4854 CONGRESSIONAL RECORD — SENATE March 30, 1995 The time has come for Congress to people. They were not told about the investors and speculators around the stand up for the American taxpayers. ability to repay. I was there at the last world who are getting from 18 to 25 to So today, on behalf of the hard-work- of the briefings when the Chief of Staff 30 percent, whatever, on these Mexican ing men and women of America, I have came in from Mexico to the President. bonds, and we are bailing them out offered this legislation. This legisla- He was honest. I have to tell you, he with American money. tion reasserts Congress’ rights and re- shocked me. I was skeptical up to that One further thought. The immigra- sponsibilities with regard to this mat- time. After he finished briefing us, I tion problem. This was used of course, ter. said, there is no way this works. I felt to excite us—and I think I would call it Some of my colleagues may not be sorry for him because at least he was the excitement plan used by the admin- happy with this, but I think it is their honest and told us the problem: 70 bil- istration—to encourage us to support obligation. They have an obligation to lion dollars’ worth of short-term debt this, at first $40 billion, and now as the vote ‘‘yes.’’ If you believe that Con- coming through within 12 months. President took the ESF of $20 billion. gress is ultimately responsible for the Let me tell you something. You do But some have estimated that illegal appropriation of funds, you have an ob- not stop $70 billion with all of the fi- immigration may be as low as 40,000 ligation to vote ‘‘yes’’ if you think nancing that we have talked about; it more immigrants if we do not do the these funds are not being used appro- is insufficient. They can roll it over bailout. Well, if you look at $20 billion priately. On the other hand, if you and roll it over, but you have to pay it and 40,000 immigrants, we are putting a think that the administration is cor- back. The interest rates are going to be half million dollars into every poten- rect under the law; that these funds higher, and there is going to be less in- tial illegal immigrant. It simply does can be used for this purpose; that these vestment in there. You are going to not make sense. It is a bad idea whose funds are not being made as foreign have more money flowing out. Oh, for time has not come and will not come. aid; that these funds are not being the short term you will keep it and I encourage my colleagues to vote for made as a loan which may not be re- make this mirage and things will sound Senator D’AMATO’s amendment. We are paid, or is in jeopardy of not being re- better. But that is not right. hooked with the $5 billion, but let us paid, then vote against this. Mr. President, I submit that Con- not send any more good money after My bill would amend the ESF statute gress must have the final say on spend- bad. to provide—I think it is far too gen- ing of taxpayer dollars on foreign aid Mr. President, I yield the floor. erous, but to deal with this situation, I or foreign loans. We owe it to the hard- Mr. D’AMATO. Mr. President, I see have limited it to $5 billion. I think it working men and women of this coun- that a number of my colleagues who should be much lower than that, a try we represent to stand up and do may share a difference of opinion on lower floor; but the President cannot what is right. Sometimes it may take this are on the floor and if they wish to give a foreign country in excess of $5 some political courage. We are the Sen- speak, I would be happy to yield the billion without congressional approval. ate of the United States. We have a re- floor. I think that is reasonable. sponsibility to the people of the United I ask unanimous consent that an ar- Some have said that I should not in- States. We cannot be cowards. Now is ticle from the Wall Street Journal, en- troduce this amendment. But I say let the time for action. I urge approval of titled ‘‘Americans Grow Ugly in Mexi- us look at the facts. Mexico is in a this amendment. cans’ Eyes,’’ dated March 21, 1995, be quagmire. And American taxpayers I yield the floor. printed in the RECORD. have been drawn into the quicksand Mr. FAIRCLOTH. Mr. President, just There being no objection, the article without any authorization by their another thought or two. was ordered to be printed in the elected representatives. The only long- The Senator from New York men- RECORD, as follows: term financial commitments being tioned the ESF has never been used in made in Mexico right now are being this magnitude before. I think if we [From the Wall Street Journal, Mar. 21, 1995] made by the United States of America, face reality and cut out the gossamer AMERICANS GROW UGLY IN MEXICANS’ EYES— using American taxpayer money with- facade of calling this thing a loan, we RESCUE PLAN REVIVES LONG-SIMMERING out their consent. We have dragged in will get to the facts quicker. It is not RESENTMENTS an unwilling IMF and an unwilling a loan. A loan is a euphemism for a (By Dianne Solis) World Bank. That is not right. If my total bailout grant that we are never XOCHIMILCO, MEXICO.—In this postcard per- colleagues think this bailout is appro- going to be repaid. fect town of canals and floating gardens, a priate, then let us vote on the record. Usually, money that has been bor- favorite of American tourists, Teresa Garcia It is Congress’ constitutional respon- rowed from the ESF has been repaid fumes that her country is becoming a colony of the U.S. sibility to determine whether to send within 90 days. But with this giveaway, Even though the U.S. helped save Mexico American tax dollars to a foreign coun- we have no assurance that it will ever from a financial crash by organizing a $52 try. We should use the $20 billion that be repaid at all. billion bailout package, many Mexicans such the President has sent Mexico, or in- Can you imagine if a Senator came to as Mrs. Garcia view the rescue program as a tends to send Mexico, to help balance this floor and proposed a $20 billion ap- lead parachute. the Federal budget. I would rather propriation for a domestic project? The They worry that the rescue plan calls for spend the money to help New York, Or- first thing he or she would be asked is, such severe austerity measures that Mexico ange County, or the District of Colum- ‘‘Where will the spending cut come will plunge into a serious recession. They bia, and whatever is left over, use it to from to pay for it?’’ Why should it be fret about soaring interest rates, which now top 100%. And, perhaps most viscerally, they reduce the budget, which is far more different when we send $20 billion as a stew about provisions that make exports by appropriate. gift to Mexico without any idea who is the state oil monopoly, Petroleos Mexicanos, Congress could approve more than $5 going to pay for it—well, we know who collateral for the rescue package. Many fear billion in aid to Mexico. But if so, let is going to pay for it: the American the move betrays U.S. designs on Mexico’s us do it the right way, in the open, on taxpayer. sacrosanct petroleum operations. the record. It is not good enough to I do not think you need a better ba- OIL IS NATIONAL SYMBOL say, well, we have congressional lead- rometer of what is going on in Mexico ‘‘Those jerks want our oil,’’ snaps Mrs. ers who have approved. That may be, than the trends of the market them- Garcia. ‘‘Oil is a great symbol for the middle but that is not the full House, and that selves, with the lowest interest rate in class and those below. You take it away, you is not the full Senate. I am tired of Mexico at 50 percent and running to 70, steal our national identity.’’ hearing that. I am tired of hearing, oh, 80, and 100 percent. What does it tell As her comments suggest, Mexico’s his- well, the leadership agreed. Yes, they you about the value of the Mexico’s toric anti-Americanism, seemingly van- agreed in good faith. I do not think debt when that kind of interest rate is quished in recent years, is creeping into view good faith was kept with them. They offered? We have asked repeatedly who again. Signs of the mood shift are cropping up all were not told how these dollars were this debt is owed to. And never once over. ‘‘We will never agree to the privatiza- going to be used or about the implica- have we been told. Not once did we find tion of Pemex,’’ the acronym for Petroleos tions in terms of the interest rates out. But we are taking hard-earned Mexicanos, reads graffiti on a wall across that would be imposed on the Mexican American dollars to bail out financial from the Camino Real hotel in Oaxaca, a

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4855 southern tourist site frequented by Ameri- problems that she shuttered her meat-pre- squeezed even more tightly. The article cans. On the Texas border in Ciudad Juarez, servatives and condiments business a month ends up with a quote from the director workers at a U.S.-owned furniture factory ago and is trying to sell her inventory at a of analysis in a brokerage firm in Mex- grouse about gringos who won’t grant them $40,000 loss. pay raises, even though labor costs were Angrily touring her neighborhood, she ico City, saying ‘‘There is a little bit sliced in half after a Mexican peso devalu- points out spots where she says people are at more confidence in Mexico. Things are ation that began last December. ‘‘The only least as disillusioned as she is. In front of a getting better. But there is still a long ones who benefit are the American bosses,’’ tiny restaurant with hand-lettered signs, she way to go.’’ says Carlos Lopez, a 21-year-old worker. says with a sigh. ‘‘The owners are three col- Now, if there was any doubt about Fully 80% of Mexicans polled in a recent sur- lege professors with masters degrees. They vey by the Civic Alliance, a citizens watch- couldn’t make ends meet. Look, they had to whether what we do here or what we dog group, opposed the terms of the U.S. open this little place to sell [pozole],’’ a say here—let alone what we do—may package. garbanzo-bean stew popular with the work- have significant consequences, this Just a year or two ago, such feelings ing class. Mexican crisis may prove the point. seemed virtually forgotten, Mexico’s econ- Well past midnight, Mrs. Garcia broods at omy was humming, and more and more citi- the home of a neighbor over coffee. The Let me go back with a little history. zens were reaching middle-class status, giv- neighbor, an academic from a well-to-do On the 11th of January, one of my col- ing them the chance to travel to the U.S. family with servants and nannies, complains leagues took the floor and this is what and partake of its material pleasures. Last her salary has effectively been sliced in half he said: year’s historic North American Free Trade by the devaluation and barely covers her liv- Agreement, which created a giant free-trade ing expenses now. Mr. President, while American diplomats zone out of the U.S., Mexico and Canada, The neighbors direct some of the blame at and foreign policy pundits handwring over seemed to seal the close ties. the Mexican government. But Mrs. Garcia various crises in Eurasia, and the American But the peso devaluation in December, and continually returns to the theme of Pemex, military is hand-holding the doomed in a the prospects of deep economic hardship that number of Third World quagmires, an eco- followed, have soured the mood. In par- and the U.S. threat to its independence. ‘‘What does the U.S. want us to be?’’ she nomic crisis of alarming proportions is ticular, many Mexicans are distraught that threatening to engulf our nearest neighbor Pemex must now pass all receipts from crude sneers. ‘‘A Puerto Rico?’’ to the south. Could there be a better example oil exports through the Federal Reserve Mr. D’AMATO. Mr. President, the Bank of New York. This money will only be fact of the matter is the article goes on of the failure of our foreign policy than the potential collapse of Mexico? remitted to Mexico if it remains current on to talk about how the Mexican people payments it owes on the bailout package. are feeling toward Americans, and the Continuing with this statement: Although both governments insist the arrangement is just a bookkeeping matter and great pain. There are other articles that in I believe that charity begins at home. Mex- say Mexico has used it in the past, it’s harsh ico and Canada are part of the American medicine for many. graphic detail talk about the incredible family. Yes, we bicker, we snipe, we engage ANGER AND FEAR burdens as it relates to the interest in the kind of heated battles only family Indeed, when Mexican President Lazaro rates that now have gone up on small members could get away with, but in the end Cardenas nationalized foreign oil companies business owners, on the homeowners, it is the family ties that bind. We can no to resolve a union dispute in 1938, it became on the savage price they are paying. longer take our good neighbors for granted. one of the country’s proudest moments. On While we may be attempting to help Our national security and our economic well- Saturday, the 57th anniversary of the nation- our neighbors to the south, we have en- being are inextricably linked to the health alization was marked by angry speeches, and raged their citizens. While we may be and stability of Mexican society and the overshadowed by rampant-speculation that Mexican economy. the government plans to allow foreigners to well-intentioned, what we have done is drill in Mexico’s oil fields once again. seen to it that a select group of inves- Let me repeat that colleagues’ state- At a ceremony held by the party of the tors have been bailed out. They have ment here. Democratic Revolution, Mexico’s chief left- been bailed out by the American tax- We can no longer take our good neighbors ist opposition party, organizers drew fiery payers, by the Mexican people, who re- applause when they read a letter from for granted. Our national security and our Amalia Solorzano, President Cardenas’s sent our intrusion. economic well-being, are inextricably linked widow, warning against giving foreigners They have every right to resent that to the health and stability of Mexican soci- any more involvement in Pemex’s affairs. intrusion, given the sorry, dismal per- ety and the Mexican economy. ‘‘They won’t be satisfied with just draining formance of their Government in giv- We face a far greater threat from insta- the veins [of Pemex],’’ the letter said. ing out laudatory expressions over the bility in Mexico than we will ever face from ‘‘They’ll keep asking for the head and the past years, going back to past adminis- open conflict or economic chaos in most of docile government will be happy to satisfy trations, that had the United States the places American diplomatic attention them.’’ and foreign aid are currently focused. We But Mexico’s complex, love-hate relation- believe that Mr. Salinas and his people ship goes beyond oil. Although Mexico occu- were the answer to all their problems, must help the Mexicans stabilize the peso to pies only modest space in U.S. history books, and represented, truly, free markets renegotiate their debt, and to develop an Mexican children are drilled by teachers on and democracy, when that was, obvi- economic strategy of long-term investment and growth that will improve the quality of how the 1848 Treaty of Guadalupe Hidalgo ously, now, a myth. forced the sale of Mexico’s northern half to life of all Mexicans and, by extension, the Mr. President, I see my colleague on quality of life of all Americans. To do as we the U.S., and on how the U.S. invaded Mex- the floor who wishes to make his state- ico in 1914 and 1916. In times like these, have been doing, to focus on the problems of many a Mexican can be heard to repeat dic- ment. I yield the floor. other continents while ignoring our own, is tator Porfirio Diaz’s line from around the Mr. SARBANES addressed the Chair. asking us to worry over a distant storm as turn of the century: ‘‘Poor Mexico. So far The PRESIDING OFFICER. The Sen- wolves gather in our own backyard. ator from Maryland. from God and so close to the United States.’’ That is a very strong statement Although old wounds had healed substan- Mr. SARBANES. Mr. President, I about the Mexican problem and a very tially as the U.S.-Mexico commercial rela- have been listening to this exchange strong statement about the United tionship strengthened, memories of domina- with some interest and some tion are being dredged up again. One edi- States responsibility to respond to the bemusement—if one can use that torial cartoon has a poor Mexican selling oil Mexican problem. That statement was term—with respect to a matter that under a sign that reads, ‘‘Pay at the booth.’’ made by my colleague, the distin- has such potential serious con- Collecting the money at the booth behind guished Senator from New York, Sen- him is Uncle Sam. Another cartoon shows sequences. This ought to be under- ator D’AMATO, who has just spoken at Mexico as a hungry dog begging at the table scored: A matter of the utmost gravity. of President Clinton, who is holding a plate The New York Times on the 25th had great length here on the floor. full of money just out of reach while musing, an article headlined ‘‘Mexico’s Recov- This was on January 11. Of course, ‘‘Mmm . . . Let me see if I’ve forgotten any ery Plan Shows Signs It Is Working.’’ the administration, I assume in part condition.’’ A visit to Xochimilco with Mrs. Garcia il- Two weeks after it was introduced, influenced by Senator D’AMATO’s state- lustrates some of the frustrations people Mexico’s tough new recovery plan is ment about responding to the Mexican here are feeling. showing the first signs that it may be situation, influenced by this strong, BUSINESS SHUT working. forceful declaration in the Senate as to A business owner in debt to foreign banks, The floundering peso has started to what needed to be done with respect to Mrs. Garcia has suffered such severe credit stabilize while the economy is being Mexico, and the responsibility of the

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4856 CONGRESSIONAL RECORD — SENATE March 30, 1995 United States to respond—I am sure day morning, many Members of Congress are. The administration, confronted the administration was impacted by questioned Rubin, Under Secretary Lawrence with an economic crisis in Mexico, that statement. And of course they Summers, about whether the proposed rescue sought to devise a package to respond package would put U.S. tax dollars at risk. began to try to construct some pack- And some demanded assurances that the to the situation. It in effect was urged age that would enable the United United States would extract broad promises to do so by Members of the Congress States to play a role in addressing the of economic reform from the Mexican Gov- and many other commentators on pub- economic crisis confronting Mexico. ernment before the Treasury extended any lic policy issues. Some of my col- The Treasury and the Federal Re- financial support. But at the close of the 2- leagues in this Chamber took the floor serve came to the Congress to seek hour meeting, House Speaker Newt Gingrich to underscore the seriousness of the congressional authorization for a loan told the gathering that the Republican leadership in the House stood firmly behind the Mexican crisis, and the interrelation- package to provide assistance to Mex- administration’s rescue plan, ‘‘We have zero ship between our two countries. ‘‘Our ico. That loan package in fact was in choice on this,’’ he said, according to those national security and our economic the amount of $40 billion. What we are who attended the meeting. ‘‘Republican lead- well-being are inextricably linked to now talking about is the use of the Ex- ership,’’ he added, ‘‘is committed to doing the health and stability of the Mexican change Stabilization Fund for $20 bil- everything we can to make it work.’’ society and the Mexican economy.’’ lion, with the international commu- ‘‘There is generally a consensus that as the leadership agreed last night, we need to do Statements of that sort, which urged nity coming in for other amounts to what is necessary to make this work,’’ Sen- that we must help the Mexicans sta- create a larger package which is judged ate majority leader Robert J. Dole said after bilize the peso and renegotiate their as necessary if Mexico is going to be the morning meeting. ‘‘We do not have the able to move out of this crisis. luxury of waiting very long,’’ he added. debt, were being heard from various Members of the Congress. The adminis- But the administration came to the Mr. President, I ask unanimous con- Congress to seek approval from the sent that that article be printed in the tration came to the Congress proposing a loan guarantee program for $40 bil- Congress of a loan guarantee package RECORD at the conclusion of my re- of $40 billion. That loan guarantee marks. lion and seeking the approval of the package, the administration’s request, The PRESIDING OFFICER. Without Congress for that loan guarantee pack- was endorsed by the Republican and objection, it is so ordered. age. The administration’s proposal was Democratic leadership of the Congress. (See exhibit 2.) supported by leadership of the Con- We want to be very clear here about Mr. SARBANES. Mr. President, there gress, and I quoted statements from where the responsibilities are, and then followed 2 weeks of extensive ef- both Speaker GINGRICH and Majority clear about this amendment in its his- forts by the Federal Reserve, the Leader DOLE supporting the adminis- torical context. It needs to be made Treasury, and congressional leaders to tration’s effort. As Senator DOLE said— clear that there is a recovery program craft the package. A January 19 article this is after the administration sub- now underway in Mexico, and if the rug in Roll Call reported, ‘‘Not only did mitted at a briefing the loan guarantee is pulled out from under that recovery House Speaker NEWT GINGRICH and package—‘‘There is generally a con- program the responsibility for that Senate majority leader BOB DOLE im- sensus that, as the leadership agreed also needs to be made clear. mediately back President Clinton in last night, we need to do what is nec- The recovery program has risks con- offering a $40 billion’’—and I emphasize essary to make this work.’’ that $40 billion—‘‘loan guarantee to nected with it. No one has denied that. As we all well know, the efforts to Mexico, but House and Senate task There has to be some evaluation of muster congressional approval for the those risks, and weighing them, but on forces have been working tirelessly with the administration and Mexican loan guarantee package of $40 billion the 12th of January, President Clinton ran into difficulty. And it was then and the congressional leaders issued a officials to craft legislation to put the guarantee into effect. This period en- that there was indication from some of joint statement on Mexico’s currency the leadership. Speaker GINGRICH stat- crisis after meeting at the White sued with these discussions with the Congress, with the Federal Reserve and ed, ‘‘If the President acted on his own, House. I will quote from that state- Congress would breathe a huge sigh of ment. This was the statement of the the administration.’’ And an article in the Financial relief.’’ Republican and Democratic leadership Times recounts what transpired. I of the Congress, both Houses. That Financial Times article, from quote it: which I was quoting, then went on to We agree that the United States has an im- It was around 8 p.m. on Monday, January say that the decision was then made to portant economic and strategic interest in a 30, that Leon Panetta, White House Chief of stable and prosperous Mexico. Ultimately abandon the loan guarantee package Staff, finally accepted that the administra- which leadership had endorsed but for the solution to Mexico’s economic problems tion’s plan to rescue Mexico with up to $40 must come from the people of Mexico. But billion of loan guarantees was not going to which there was difficulty commanding we are pursuing ways to increase financial work. Two phone calls in the space of a few approval in the Congress. To abandon confidence and to encourage further reform minutes had virtually made up his mind. One the loan guarantee proposal and de- in Mexico. We agree to do what is necessary was Newt Gingrich, the new Speaker of the velop a new support package centering to restore financial confidence in Mexico House of Representatives, the other from on $20 billion of finance from the Ex- without affecting the current budget at Mexico, Guillermo Martinez Ortiz, the Mexi- home. change Stabilization Fund. So a new can Finance Minister. The message from approach was taken. Mr. President, I ask unanimous con- Gingrich was simple and pessimistic. Con- sent that that statement be printed in gress was objecting to the loan guarantee On January 31, a joint statement was the RECORD at the end of my remarks. package, and the chances of its rapid and issued by President Clinton, Speaker The PRESIDING OFFICER. Without successful passage were slim and worsening. GINGRICH, House Minority Leader GEP- objection, it is so ordered. The conversation with Ortiz was also deeply HARDT, Senate Majority Leader DOLE, worrying. Money was flowing out of Mexico (See exhibit 1.) and Senate Minority Leader DASCHLE. so rapidly that without U.S. help they would That statement said, and I quote, this Mr. SARBANES. The submission of soon have to abandon the convertibility of that proposal was followed by exten- the peso. According to the article, Speaker is now quoting the statement of the sive consultations between the Treas- Gingrich told Panetta it would take at least President, congressional leadership, ury, the Federal Reserve, and Members another 2 weeks to line up support for the Speaker GINGRICH, Majority Leader of the House and Senate to craft a package. If the President acted on his own, DOLE and leaders GEPHARDT and package that could win congressional Congress would breathe a huge sigh of relief. DASCHLE. Let me repeat that: approval. A January 14 article in the We agree, that in order to ensure orderly Washington Post reported: According to the article, Speaker Gingrich exchange arrangements and a stable system Treasury Secretary Robert E. Rubin and told Panetta it would take at least another of exchange rates, the United States should Federal Reserve Chairman Alan Greenspan 2 weeks to line up support for the package. If immediately use the Exchange Stabilization canvassed Capitol Hill, briefing legislators the President acted on his own, Congress Fund to provide appropriate financial assist- on the details of the plan and lobbying for would breathe a huge sigh of relief. ance for Mexico. We further agree that, support. At a question and answer session at- Let me just recount what has tran- under title 31 of the United States Code, sec- tended by more than 100 legislators yester- spired up to this point and where we tion 5302, the President has full authority to

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4857 provide this assistance. Because the situa- [From the New York Times, Feb. 2, 1995] The current rate also seems to many tion in Mexico raises unique and emergency RESCUE: DURABLE OR BRIEF? economists to be likely to encourage far circumstances, the required assistance to be (By David E. Sanger) more illegal immigration across the border extended will be available for a period of as Mexicans seek jobs that pay in dollars. more than 6 months in any 12-month period. WASHINGTON.—President Clinton’s move to sidestep Congress and order emergency cred- Mr. Clinton offered one of his most impas- The statement then goes on to indi- its to Mexico halted a monthlong run on the sioned defenses of his action on Tuesday cate that the support that is coming peso, but it left Congressional critics and re- night in Boston. from other nations, from the IMF, luctant American supporters worrying that ‘‘I know the surveys say that by 80 to 15, or through the Bank for International the bailout’s success would prove temporary. whatever they said, the American people ei- Settlement, and then it goes on to say, A debate over the solidity of the plan arose ther didn’t agree or didn’t understand what and I quote: today as the International Monetary Fund in the world I’m up to in Mexico,’’ he declared. ‘‘But I want to say to you, it might We must act now in order to protect Amer- prepared to approve an emergency $17.8 bil- be unpopular, but in a time of transition it’s ican jobs, prevent an increased flow of illegal lion in medium-term loans. the right thing to do.’’ immigrants across our borders, ensure sta- Officials said the money would be available bility in this hemisphere, and encourage re- immediately to help the Mexican Govern- Some of the harshest criticism of the Ad- form in emerging markets around the world. ment keep from defaulting on $40 billion in ministration’s action today came from Euro- This is an important undertaking, and we be- bonds and other liabilities that come due for pean capitals, which were taken by surprise lieve that the risk of inaction vastly exceed payment this year. But the deliberations by the International Monetary Fund’s deci- any risk associated with this action. We came as Germany and France bitterly com- sion—under strong pressure from the White fully support this effort, and we will work to plained that they had not been consulted by House—to add $10 billion in aid to Mexico. ensure that its purposes are met. We have the White House and that the money might That is in addition the $7.8 billion that the agreed to act today. come out of aid to Eastern Europe and Rus- I.M.F. approved last week. sia. That is the end of the statement. An I.M.F. official in Washington said some On Capitol Hill, opponents of any Amer- European governments were concerned that Mr. President, I ask unanimous con- ican involvement in Mexico’s bailout threat- sent that the full statement of the the fund’s remaining resources might not be ened hearings, focusing on what the Admin- enough to deal with crises in other parts of President and the congressional leader- istration knew about Mexico’s distress last the world. ship be printed in the RECORD at the year and how President Clinton diverted $20 conclusion of my remarks. billion in Treasury Department funds—in- The PRESIDING OFFICER (Mr. tended to stabilize the dollar on world mar- Copyright 1995 Reuters, Limited. KEMPTHORNE). Without objection, it is kets—to provide Mexico with emergency January 31, 1995, Tuesday, BC cycle. so ordered. loans. Section: Money Report; Bonds Capital Not surprisingly, some of the harshest crit- Market; Domestic Money; Financial Report. (See exhibit 3). icism came from Patrick J. Buchanan, the Mr. SARBANES. Mr. President, on leader of the effort to kill any aid to Mexico. Length: 151 words. that day, the IMF announced that the ‘‘The looting of America, on behalf of the Headline: Dole says Congress’s Leaders IMF was prepared to provide just under new world order, has begun,’’ said Mr. Bu- Back Mexico Plan. $18 billion standby credit to Mexico. chanan. ‘‘Never again should a President be Dateline: Washington, Jan. 31. allowed to disregard the will of Congress to The central banks of a number of in- Body: Senate Republican Leader Bob Dole raid the U.S. Treasury to bail out Wall dustrial countries also said that they said Congress’s Republican and Democratic Street banks or a foreign regime.’’ would consider providing $10 billion in leaders would write President Clinton a let- Senator Phil Gramm, the Texas Repub- short-term support through the Bank ter backing his new Mexico aid plan. lican and an expected contender for his par- for International Settlement. So the ty’s nomination for President in 1996, said ‘‘He won’t be out there by himself,’’ Dole second approach drew in greater sup- Mr. Clinton was ‘‘filling a bucket that is full told reporters. port out of the international commu- of holes.’’ Dole said he, House Republican Speaker nity than had been provided for in the But the President’s action was defended by Newt Gingrich, Senate Democratic Leader first approach. an unlikely ally: Newt Gingrich, the Speaker Thomas Daschle and House Democratic A Reuter’s report of January 31 stat- of the Republican-controlled House of Rep- Leader Richard Gephardt would send Clinton ed, and I quote: resentatives. the letter of support. ‘‘The President exercised his authority,’’ Senate Republican leader Bob Dole said Dole said he had checked with other sen- Mr. Gingrich said today. ‘‘He took a tremen- Congress’ Republican and Democratic lead- ators, including some who had opposed Clin- dous burden on his shoulders. He did what ers would write President Clinton a letter ton’s request for $40 billion in loan guaran- key leaders felt was necessary. backing his new Mexican aid plan. ‘‘He won’t tees for Mexico, before deciding to write the ‘‘I think people at a minimum should rec- be out there by himself,’’ Dole told reporters. letter. ognize the President had the courage to do Dole said he, House Republican Speaker ‘‘In my opinion, most everybody’s on what he was being told by the very sophisti- Newt Gingrich, Senate Democratic leader board’’ supporting Clinton’s new plan to in- cated experts was vital to reinforce inter- Daschle, and House Democratic leader Gep- stead commit $20 billion from the U.S. cur- national markets.’’ hardt would send Clinton the letter of sup- rency exchange stabilization fund, Dole said. To sell the President’s action, Treasury port. Dole said he had checked with other Secretary Robert E. Rubin assured skeptical The new plan does not need Congress’s ap- Senators, including some who had opposed Republicans and Democrats on Capitol Hill proval. Dole said the $40 billion in loan guar- Clinton’s request for $40 billion in loan guar- that Mexico had agreed to fundamental eco- antees would not have been approved by Con- antee for Mexico, before deciding to write nomic reforms and would be held to those gress this week or next. the letter. ‘‘In my opinion, most everybody commitments. is on board supporting Clinton’s new plan to Mr. SARBANES. Now, these are the The reforms, spelled out in a letter from steps that transpired that led us to this commit $20 billion from the U.S. Currency Mexican officials to the I.M.F. last week, in- Exchange Stabilization Fund’’, Dole said. clude a more independent central bank, con- point. And pursuant to this support of A New York Times article of Feb- trols on credit expansion, continued privat- the leadership, the backing of the con- ruary 2 quoted Speaker GINGRICH as ization of Government-owned industry and gressional leaders, the very explicit follows: relaxation of many of economic controls, in- statements of Speaker GINGRICH and ‘‘The President exercised his authority,’’ cluding prohibitions on foreign investment Majority Leader DOLE, the administra- Mr. Gingrich said today. He took a tremen- in Mexican banks. tion proceeded to use the Exchange dous burden on his shoulders. He did what But Treasury officials acknowledged today Stabilization Fund on the basis of the key leaders felt was necessary. that while they had talked about the loan package that had been outlined. Now, conditions in general terms with Mexico, I think people at a minimum should recog- in effect, that approach would be ne- nize the President had the courage to do there was nothing on paper. Already the con- what he was being told by the very sophisti- ditions are being described in Mexico in far gated by this amendment. That is what cated experts was vital to reinforce inter- more lenient terms than they are in Wash- this amendment would do. And obvi- national markets. ington. ously, such a negation has very broad Mr. President, I ask unanimous con- For the American economy, the most im- consequences, conceivably even imme- portant question is whether the bailout sent that those two articles be printed diately as the markets would react to strengthens the peso. Its current level makes this proposal that is before us. in the RECORD. American goods 35 percent more expensive in There being no objection, the mate- Mexico than they were in December, and Now, make no mistake about it, an rial was ordered to be printed in the Mexican goods that much cheaper in the effort was made to provide assistance RECORD, as follows: United States. to Mexico. Many Members of this body

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4858 CONGRESSIONAL RECORD — SENATE March 30, 1995 urged that that be done. The adminis- prices surged 4.6 percent on the Mexico City peans should be involved,’’ said Sen. Joseph tration submitted a loan guarantee market, with the main index up 97.7 points I. Lieberman (D-Conn). Rubin and Summers proposal to the Congress and sought to close at 2,216.55. argued yesterday that there simply wasn’t ‘‘There is definitely a floor under the mar- the approval of the Congress. Time enough time to line up international co- ket that wasn’t there before the announce- operation. passed. That approval was not imme- ment,’’ said Thomas Trebat, Chemical Bank- ‘‘I think something has to be done’’ to diately forthcoming. The crisis wors- ing Corp.’s managing director responsible for shore up the Mexican economy, said Sen. Bill ened. The administration then re- emerging markets research.’’ Bradley (D-N.J.). Without prompt U.S. ac- sponded, in effect, to a signal from the John Daly, senior vice president-global tion, the peso’s collapse threatens to ‘‘ripple leadership in which they indicated that fixed income of John Hancock Mutual Funds, through the whole world economy,’’ he said. they would welcome the President act- declared: ‘‘The worst of it is behind us.’’ But Bradley, too, insisted that the loan Yesterday morning, as markets took the ing. guarantees be conditioned on stringent eco- measure of Thursday night’s announcement, nomic reforms in Mexico and stressed that So the President moved to use the Treasury Secretary Robert E. Rubin and the United States should not attempt to Exchange Stabilization Fund, a provi- Federal Reserve Chairman Alan Greenspan manage the peso crisis alone. sion under existing law. That use was canvassed Capitol Hill, briefing legislators Administration officials proposed to mem- strongly supported in a joint statement on the details of the plan and lobbying for bers of Congress yesterday that the loan by the leadership, and a package was support. guarantees might be secured by rights to put into place which gives some signs At a question-and-answer session attended profits from the sale of Mexican oil re- of working. No one can guarantee it. by more than 100 legislators yesterday morn- serves—a notion that is sure to elicit con- ing, many members of Congress questioned troversy within Mexico. And Dole suggested And there are risks associated with it. Rubin and Treasury Undersecretary Law- loan guarantees to Mexico might carry a One would be clearly imprudent to pass rence H. Summers about whether the pro- much steeper risk than the assurance ex- over the risks. But the risks connected posed rescue package would put U.S. tax dol- tended to Israel. ‘‘I assume you’d charge with not doing anything were very lars at risk. And some demanded assurances Mexico as high as 10 percent because they clearly made earlier by majority leader that the United States would extract broad are a greater risk,’’ he told reporters fol- DOLE in one of his statements as we promises of economic reform from the Mexi- lowing the meeting. were proceeding to consider this mat- can government before the Treasury ex- In the eyes of financial traders, final deter. tended any financial support. tails of the package appeared to matter less ‘‘I’m going to need a lot more information than the solid signal of commitment from So, Mr. President, this is an inter- before I sign on the dotted line,’’ said Sen. the United States. esting exercise that is going on on the Tom Harkin (D-Iowa). ‘‘There was a major panic this week, and I floor today, but I think it very impor- But at the close of the two-hour meeting, think that was a bit of a climatic sell-off, tant to place it in the context of what House Speaker Newt Gingrich (R-Ga.) told where people threw up their hands and said has transpired and to make very clear, the gathering that the Republican leadership maybe Mexico is going to disappear,’’ said first, the administration coming to the in the House stood firmly behind the admin- John Ford, vice president of the T. Rowe Congress, the response of the congres- istration’s rescue plan. ‘‘We have zero choice Price Latin American Fund in London. on this.’’ he said, according to those who at- The price of Mexican par bonds, which had sional leaders, and then the support of tended the meeting. The Republican leader- gone from 56 cents on the dollar to about 45 the congressional leaders for using the ship, he added, is committed to doing ‘‘ev- cents on the dollar, was back to 53 cents yes- Exchange Stabilization Fund. erything we can to make it work.’’ terday, said John Hancock’s John Daly. EXHIBIT 1 ‘‘There’s generally a consensus that, as the The news of the loan guarantees also bene- leadership agreed last night, we need to do fitted markets in other Latin American WHITE HOUSE, CONGRESS JOINT STATEMENT ON what’s necessary to make this work,’’ Senate countries such as Argentina, Brazil, Chile MEXICO Majority Leader Robert J. Dole (R-Kan.) said and Peru, where stock markets suffered WASHINGTON, JAN. 12 (Reuter).—President after the morning meeting. ‘‘We don’t have through one of their worst days in years on Clinton and Congressional leaders issued the the luxury of waiting very long,’’ he added. Tuesday. Jose A. Estenssoro, president of the following joint statement on Mexico’s cur- To succeed, the plan needs speedy endorse- privatized Argentine oil company YPF S.A. rency crisis after a meeting at the White ment on the Hill. Delays and protracted said the United States had no choice but to House. bickering over budget issues or conditions of support Mexico through the crisis. ‘‘We agree that the United States has an the loan guarantees could trigger another ‘‘It’s not something that will have an ef- important economic and strategic interest in slide for the peso, Treasury officials and in- fect on Argentina directly, but it probably a stable and prosperous Mexico. Ultimately, vestors said yesterday. But timing for con- will indirectly because it will give Mexico a the solution to Mexico’s economic problems gressional action on the plan remains un- chance of solving the very, very serious prob- must come from the people of Mexico. But clear. lems they have caused for everybody,’’ he we are pursuing ways to increase financial ‘‘I think the timetable will start to gel said. confidence and to encourage further reform early next week,’’ said Sen. Robert F. Ben- If the Mexican government takes advan- in Mexico. We agree to do what is necessary nett (R-Utah), a member of a task force of tage of the guarantees offered by the Treas- to restore financial confidence in Mexico Senate Republicans who met in Dole’s office ury Department on Thursday, it would draw without affecting the current budget at yesterday afternoon to discuss handling of U.S. commercial banks back into a loan mar- home.’’ the measure. ket they have shied away from for more than Without the approval of Congress, the ad- a decade—Latin American public debt. EXHIBIT 2 ministration will not be able to translate the Public sector loans badly burned industry [From the Washington Post, Jan. 14, 1995] financial support proposal—which closely re- giants such as Citicorp and BankAmerica Corp., when the Mexican government renego- U.S. PLAN TO AID MEXICO CALMS FINANCIAL sembles a similar formula devised to extend loan guarantees to Israel in 1992—into ac- tiated loan terms in 1982. Several bankers MARKETS; LOAN GUARANTEES GET CAUTIOUS said that while the Treasury Department’s HILL BACKING tion. Under budget law, the government must set aside money to cover any potential guarantees were reassuring, they hoped not (By Clay Chandler and Martha M. Hamilton) losses from loan guarantees, a move requir- to have to make the loans—even though, The Clinton administration’s plan for bailing congressional consent. they said, Mexico in 1995 is a fundamentally ing out Mexico’s economy calmed investors In some ways, congressional reaction to different country than Mexico in 1992. yesterday and buoyed the peso. It also drew the administration’s proposal yesterday mir- Then the government was much more cautious, but generally favorable reviews rored the divisions that arose during the 1993 closely involved in a closed Mexican econ- from members of the new Congress. battle over the North American Free Trade omy that depended heavily on oil exports— The Mexico rescue plan—a package of $40 Agreement, with pro-labor Democrats and just when oil prices plummeted, depriving billion in loan guarantees outlined Thursday some conservation Republicans raising the government of a primary means of pay- night after a White House meeting between doubts about the plan. ing debts. Now, the Mexican government President Clinton and congressional lead- ‘‘What I want to know is: ‘How much is it sports a balanced budget, a smaller debt bur- ers—boosted stock prices and currencies going to cost us really?’’’ said Sen. Ernest den and a more open economy with diverse throughout the hemisphere yesterday. Ana- Hollings (D-S.C.) one of NAFTA’s most stri- sources of income. lysts said the size of the package—at the dent critics, of the Mexican assistance plan. high end of the range described Thursday Lawmakers from both parties said they EXHIBIT 3 night—appeared to be big enough to sustain would feel a lot more comfortable about vot- STATEMENT BY PRESIDENT CLINTON, SPEAKER investor confidence. ing to back up the peso if other wealthy na- GINGRICH, MINORITY LEADER GEPHARDT, MA- The peso rallied sharply to close at 5.25 to tions would be persuaded to share the finan- JORITY LEADER DOLE, MINORITY LEADER the dollar, a strong gain from Thursday’s 5.5 cial burden. ‘‘If the Mexican default is a DASCHLE rate. When the crisis began Dec. 20, the peso major risk to the global economy, it sure We agree that, in order to ensure orderly was trading at about 3.4 to the dollar. Stock seems to me that the Japanese and the Euro- exchange arrangements and stable system of

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4859 exchange rates, the United States should im- ald Ford; former Secretaries of State ing that. Electric and energy prices mediately use the Exchange Stabilization James Baker, Lawrence Eagleburger, were raised significantly in real terms. Fund (ESF) to provide appropriate financial Alexander Haig, Henry Kissinger, Ed These are all over the last few days. assistance for Mexico. We further agree that Muskie, and Cyrus Vance; former Sec- Labor and wages seem to be under con- under Title 31 of the United States Code, Section 5302, the President has full authority retaries of the Treasury Joseph Barr, trol. Market conditions have so far to provide this assistance. Because the situa- Lloyd Bentsen, Michael Blumenthal, kept wage awards significantly below tion in Mexico raises unique and emergency Henry Fowler, and David Kennedy; inflation despite the Government’s de- circumstances, the required assistance to be former Secretaries of Commerce Fred- cision to dispense with the PACTO. extended will be available for a period of erick Dent, Juanita Kreps, Robert Already economic adjustments are more than six months in any 12 month pe- Mosbacher, Elliot Richardson, Maurice starting to work as seen by the swing riod. Stans, Alexander Trowbridge; former in Mexico’s trade balance to a surplus The U.S. will impose strict conditions on of $453 million in February, the first the assistance it provides with the goal of U.S. Trade Representatives William ensuring that this package imposes no cost Brock, William Epert, Carla Hills, Rob- surplus, I might point out, since No- on U.S. taxpayers. We are pleased that other ert Strauss, Clayton Yeutter, along vember 1990. nations have agreed to increase their sup- with statements from senior adminis- The markets are also responding, port. Specifically, the International Mone- tration officials going back several ad- which is a critical element here. How is tary Fund today agreed to increase its par- ministrations and a series of distin- the rest of the world reacting to what ticipation by $10 billion for a total of $17.8 guished scholars as well, indicating the Mexico is doing? billion. In addition, central banks of a num- broad-based nature, Mr. President, of The bolsa in Mexico City is up 15 per- ber of industrial countries through the Bank cent since last week, representing a 21- for International Settlements have increased those who are knowledgeable about their participation by $5 billion for a total of these issues as to the action taken by percent gain in dollar terms. $10 billion. the President. Prices on par Brady bonds have risen We must act now in order to protect Amer- I commended at the time Speaker 11 percent from their recent low on ican jobs, prevent an increased flow of illegal GINGRICH and Majority Leader DOLE for March 16, and if the collateral is immigrants across our borders, ensure sta- their statements. It was highly respon- stripped away so that only Mexico risk bility in this hemisphere, and encourage re- sible for them as the leadership now in is measured, the increase in value has form in emerging markets around the world. the Congress of the United States on a been 17 percent. This is an important undertaking, and we Signs of declining volatility in peso believe that the risks of inaction vastly ex- matter of this import, recognizing that ceed any risks associated with this action. it would take far too much time and it trading have emerged, with the peso We fully support this effort, and we will was likely to be very complicated here closing below 7 since March 23, and now work to ensure that its purposes are met. in the Congress, to make their rec- trading within a narrower range. We have agreed to act today. ommendation that the President go The demand for Government securi- Mr. DODD. Will my colleague yield? forward and do what he did 60 days ago. ties rose in this week’s primary auc- Mr. SARBANES. Certainly. We are hardly into this at all. tions to 2.4 times the amount offered. Mr. DODD. I wish to thank my col- And so I commend my colleague from Interest rates dropped 7.7 percent, to 75 league from Maryland for his state- Maryland for his statement on the percent on the benchmark issue. ment, for laying out what I think is matter. I would further point out, Mr. According to March 24 diplomatic re- critically important, Mr. President, President, I think it is important to porting, ‘‘analysts are optimistic that the historical background that brings note that just in the last day or so we the buying strength today of peso was us to this moment in the matter before have seen some very positive signs, by not just bargain hunters but rather the Senate, the pending amendment of- the way, occurring within Mexico. represents the beginning of a consoli- fered by our colleague from New York. The stabilization package as adopted dation which will lead to restored I think it is important for people to is a strong one, as our colleague from growth.’’ point out the timeframe in which we New York has pointed out, and he is Wall street investment houses, while are talking about here. We are talking correct in stating that. It is very still more cautious, have also seen an about a little more than 60 days now, strong. upturn in sentiment. For example, last as I look at the calendar of events, of We had, of course, statements—be- week Merrill Lynch increased its Mex- the matter first coming to our atten- cause there is an exposure here, poten- ico weighting on its global equity port- tion, as the Senator from Maryland has tial exposure, no doubt about that, but folio from 17 to 22 percent. pointed out, roughly on January 11 or if we had not insisted upon a tough If these are in fact early signs that fi- thereabouts. It may have been a few economic package in Mexico, I am just nancial market sentiment is turning, days earlier than that that the matter as certain we would have heard we an important factor has been the much actually was raised. But in terms of were not tough enough on insisting greater transparency now maintained the statements, it was January 11, and that there be strong economic condi- by Mexican economic and financial in- then there were a series of statements tions imposed on Mexico to try to get stitutions, and the central bank in par- made over those days, roughly 60 days its economic house in order, and had ticular. ago, 70 days ago, as I understand it, Mr. we not done that, the exposure to U.S. Of particular importance was one of President. taxpayers might have been greater. the conditions of our agreements with It seems to me that when you have a Let me just highlight, if I can, the Mexico, the weekly publication of the matter of this import, the implications positive news in the last few days. And, central bank’s balance sheet. The Bank of which, as the Senator from Mary- again, we all hope it works. I cannot of Mexico transmitted the first of these land has pointed out, are as profound imagine anyone not wanting to see this publications last week. as they are, then we ought to be very work. Of course, we are not in on it Now, not only us, but all market par- conscious of the implications should alone. There are a number of other ticipants can monitor Mexico’s this amendment be adopted. major financial institutions which progress in rebuilding international re- I know the Senator from Maryland have made significant commitments to serves and maintaining tight control has asked unanimous consent that var- try to resolve this issue internally. over the money supply. ious statements be included in the They have upheld the tight money pol- Reserves are low—the Bank of Mex- RECORD at the end of his remarks. I icy, and we are seeing results. ico announced $7.854 billion as of March would like to ask as well, Mr. Presi- The nominal money supply has 17. But with this new transparency, no- dent, that some additional remarks by shrunk by 13 percent since the begin- body in the market has to guess how Brent Scowcroft at the Treasury De- ning of the year, and the real numbers low, and that has provided some reas- partment briefing on January 30, about by 23 percent through March 15. They surance. 60 days ago, be printed in the RECORD, have tightened their fiscal policy. Most One can find many pessimistic things along with a statement of declaration recently, the congress approved a 50- to say about Mexico right now—the of support for the President’s actions percent increase in the value-added shattered confidence of foreign inves- which was signed by former Presidents tax. Imagine trying to do here any tax tors, the sharp recession ahead, and the George Bush, Jimmy Carter, and Ger- increase. That is their congress adopt- political uncertainties. In particular,

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4860 CONGRESSIONAL RECORD — SENATE March 30, 1995 concerns are focused on: the fragility all, Mr. President, of allowing the situ- apologize to the Chair and my col- of the banking sector and whether or ation to deteriorate further, certainly, leagues for that. not the program the Mexicans have put in my view, is a far riskier path to fol- I thank the Senator from Maryland in place can work without the need to low. and I thank my colleague from New print money to bail out the banks. The President of the United States York. The banks have a serious problem of did what a leader is supposed to do in Mr. President, I yield the floor. high levels of loan delinquencies and these matters. He does not have the an increasing level of bad loans which luxury of just making speeches or of- Mr. D’AMATO addressed the Chair. may result in the need for recapitaliza- fering amendments on the subject. Ul- The PRESIDING OFFICER. The Sen- tion for many banks; timately, his decisions on these mat- ator from New York is recognized. ters are critical. It took strength and Mexico recognizes this is a crucial Mr. D’AMATO. Mr. President, I in no independence, but also the support of problem and is implementing measures way dispute the fact that there were the majority leader of this body and to shore up the banking system. Also, negotiations held by the administra- the World Bank and the IDB will make the Speaker of the other body to stand with him and say, ‘‘You are doing the tion, I think in good faith, with the over $2 billion in resources available to leadership of the Congress and indeed assist banks suffering from liquidity right thing. Mr. President, you are doing the right thing.’’ And, as result, with the Congress. The fact is, they shortages and to restructure problem could not build a consensus. The fact is banks. him taking that action. And now 60 days later, to come in and have this that the congressional leaders, not- The point is that we are beginning to withstanding their readiness to help— see or hear some very positive indica- body undo all of that before it has even had a chance to prove whether or not it and, indeed, on January 11, I did indi- tions that this proposal that enjoyed cate that we must help Mexico sta- such broad support only a few weeks is going to work—and, in fact, signs are that it is beginning to produce the re- bilize the peso, the peso, to renegotiate ago is beginning to produce some re- their debt. sults. sults—I think is the wrong step for us Now I think all of us know here that to be taking. And I say to renegotiate their debt. I when we use our remarks here on the But, obviously, each and every one of have never believed that we were going floor of the Congress, we can have a us here will have to make up their to pay off everybody dollar for dollar, profound effect on markets. Certainly, mind as they come to vote on this mat- speculators, investors, without know- my colleague and my friend from New ter shortly and decide whether or not ing who they were, just to turn it over York knows, in his new capacity as to limit the amount of exposure here to to them and say, ‘‘Here, come on in to chairman of the Senate Banking Com- the $5 billion, which will obviously renegotiate this debt.’’ mittee, that it is not just another cause people to draw the conclusion we A guy has a bond that is coming due, Member talking, it is the chairman of are pulling out of this. I cannot imag- and we come in and give him every- the Banking Committee. He knows full ine how other markets and other places thing, dollar for dollar? That is not re- well the significance of his role, and he are going to react if that result occurs. negotiating a debt. Is that the way we cares about the issue, obviously, very But, if it does, then I think very clear- manage the money of the people? ly—very, very clearly—it is this mo- deeply and dearly. I daresay, the impressive list of But at the very hour that we are try- ment on this amendment that will bear a sizable degree of the responsibility names who said yes, we have to help, ing here to build some confidence, be- all of them that were read—impressive. cause as Chairman Greenspan pointed for that result, in my opinion. We all have to make decisions around Is that what they would have done if out and Jack Kemp, to his credit, testi- here. Some of them are tough. This is they were representing their interests, fied about how important it was to be not an easy one because, obviously, the their economic interests? Is that how involved here—he has a disagreement potential for exposure is there. No they would renegotiate a debt? I do not over what we ought to be doing but, question about it. But if this goes think so. nonetheless, he feels very strongly we south on us, I think we should also be My colleague, Senator FAIRCLOTH, ought to be weighing in here—that the aware of what the implications may be. has pointed out to me that not one of word ‘‘confidence’’ is critical. My colleagues should also be aware them would sign a note. Would they If there is an erosion in confidence, if that what may happen is not limited, sign a note under these terms? I do not those who make the decisions and of course, to Mexico. It limits the think so. make the investments and sit around President’s flexibility to help any that table believe that we do not have It is wonderful to say we want to help country without congressional ap- our neighbors. And, yes, I did send confidence here that this plan that we proval. We have seen Argentina re- have worked out with so many others this—and I support it—January 11. And cently going through a very difficult I said, because it is a long-term invest- is about the best we can do and has a situation. I think they are doing pretty chance of succeeding, if that con- ment in growth that will improve the well now and coming out of it. But quality of life of all Mexicans and, by fidence erodes within Mexico and the they will tell you, as the Foreign Min- extension, the quality of life here in global markets, you have a self-ful- ister did to those who met with him a America, this Senator went into this filling prophecy and you will get ex- week or so ago, that their economic with an open view, as did Senator actly the predictable result. problems were directly related to the DOLE. So here, within 60 days or so of hav- situation in Mexico. And if we move ing made a decision to go forward with away here, we could be looking at a sit- Let us talk about what Senator DOLE the kind of bilateral support that is uation elsewhere in this hemisphere did a month ago, because he was con- critical at moments like this, if we un- that I think we could come to regret. cerned. He was concerned in terms of dermine and erode that, if this amend- So, again, I appreciate the good de- how his initial readiness to come to the ment is adopted—and there will be a bating points and scoring particular support of his country, in doing what vote on it—if this amendment is adopt- marks here and there. But this is one was right, and his President—and it is ed, then you will see, I believe, the that, as the Senator from Maryland our President. kind of reactions that will not serve has pointed out, has monumental and In a letter dated March 10, he said: anyone’s interests well. profound significance. If this amend- ‘‘My good-faith effort in January’’— So I urge my colleagues to reject the ment is adopted, as I suspect it is apt and I am reading parts of it; I will put amendment. I say that with all due re- to be, again, given the mood here, if it the whole letter in the RECORD. spect to the author of the amendment. is, I think clearly those who have of- He and I have talked about this. We fered it and those who support it will My good-faith effort in January to cooperate with the administration in no way have been in forums elsewhere on it. have to answer ultimately if, in fact, should be interpreted as any protection from He is not incorrect to say this is the markets react as I think they are legitimate and responsible congressional risky. Of course, it has some risk in- apt to. oversight. Congress and its committees have volved in it. There is no question about That should have had a question every right, and the constitutional duty, to that. But the risk of doing nothing at mark at the end of it, Mr. President. I examine it thoroughly.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4861 He said very specifically on January Again, we have an obligation. Let me What is going on? They say, if it col- 31: say, whether or not the leaders have lapses, they will blame you. It has col- In an effort to avoid the complete financial agreed and said, ‘‘Yes, we support lapsed. It has collapsed. When you talk collapse, I participated with other leaders in you,’’ they do not bind us. Congress has about a rescue of the market that goes a statement supporting the President’s use to vote, with all due respect. Senator up 10 percent—10 percent from what? of ESF. However, this expression was not in- DOLE is a colleague and a friend whose From the bottom, from the floor? It tended and should not be construed, to con- opinion I value. But he went on the should go up. The dummies up north vey my blanket support for the underlying record and said, listen, you are not policies of the administration or for the eco- are sending the money in. Do we know nomic and legal agreements that the admin- doing what you told us. You are not who we are helping to restructure the istration will enter into. To the contrary, I doing it. You are not extinguishing debt? No. What kind of restructuring is those pesos. The printing presses are reserve these judgments, and I have since this? Did you take Senator DOLE as still rolling on. cautioned the administration to be careful in saying we want to help and we under- its use of ESF. I have expressed deep reserva- Let us not abdicate our responsi- tions about the shortcomings of the agree- bility. In the next several weeks, an- stand the importance of Mexico strate- ment. other 30 days, there will be x number of gically as an ally in our political hemi- That was March 10. dollars committed—another $3, $4, $5 sphere with the borders we share and This is from February 24. I will read billion—and we have reason to believe the commonality of interest, our desire into the RECORD what Senator DOLE it is in that nature and it is going to be for freedom, and you do whatever you said from part of the Congressional invested. I have to tell you that I did want? Oh, no, nobody assigned that. RECORD: not put my vote into a blind trust Senator DOLE or Congressman GING- The primary focus of the stabilization plan based upon good will. And when we ex- RICH did not assign that. is not aimed at reversing the fundamental amine the good will, we find absent the Ultimately, we have a responsibility, mistakes of devaluation—not now and not facts that would have any prudent per- over time. The measures described in the whether we like it or not. We better son making this kind of investment. well vote on this, one way or the other. agreement to firm up the price of the peso I daresay it is pretty good for some seems almost an afterthought. If you say that you are happy with the people as respected economists, former He is being critical of what the ad- officials, to say they would advise that administration, with what they are ministration was now telling him. the United States do this. But it is not doing in committee and you want to It is one thing to say we want to strength- their money. It is easy to be frivolous delegate your authority, then, by gosh, en the peso, give them an opportunity, give with other people’s moneys—taxpayers’ vote against this. If you say, I do not them a term to convert their short-term want to be responsible because they debt, to restructure. moneys. That is what is taking place here. will blame me for the collapse, that is And then to hear they are just paying So, the fact of the matter is, I could up to you. The fact of the matter is off this debt. They are paying this off. not care a whit if, at some point in they have collapsed. They do not address the problems of extin- time, the leaders of the Congress said, guishing— The people of Mexico are angry at ‘‘We will let the President handle this; the United States and at their corrupt This is DOLE— he will sink or swim on it.’’ I think it The excess pesos that have been coming off government. If Zedillo is as good as is more important, and I think the people say, let us work with him. Let the Mexican printing presses even as re- Constitution of the United States is cently as last week. us not give a blank check, as we have important, I think the delegation of and as we are. Those conditions do not The heart of the problem is the Mexi- our authority—everybody here knows meet what is merely necessary. Can can Government was printing up pesos. what is happening. Do we want to dele- you imagine we take pride in the fact Sure, you are going to devalue it. gate our authority? Are we saying that Mexico, as a result of the loan we Those printing presses are continuing that, for all times, whoever is the today. Who is benefiting? The Mexican President, he or she does not have to made to them, increased their tax by 50 people are not benefiting. I would not come to the Congress with this kind of percent on consumption? They in- brag that we have increased the con- appropriation that will mean $20 bil- creased their prices for energy to the sumption tax on working people, poor lion? In a rescission bill, we are look- poor. They brought in wage and price people in Mexico, by 50 percent and in- ing to cut $13 or $14 billion. Here is $20- controls in certain sectors. Terrific. creased the energy tax on the Mexican plus billion with no congressional ap- That we should be happy for? The peo- people. They hold us responsible. proval. Oh, yes, the leaders came to- ple already have taken billions of dol- I want to know how that helps us. gether and said, ‘‘We think it is a good lars, in terms of those notes, the Let us not take the fact that the con- idea, and, by the way, we do not want tesobonos, and European notes; they gressional leaders were willing to un- our people to have to vote on it, so you have come in and gotten all of the tax- dertake and say, yes, Mr. President, go go ahead and do it.’’ payers’ money, plus 20 percent—in forward. Now 60 days have followed and Does that absolve us of our respon- some cases, 25 percent—and we do not what have we found out? We know that sibilities? Is this weighty? Sure. I know even know who they are. How did that $5 billion has been spent. We were told I am going to be savaged and pilloried. benefit the Mexican people? I want to initially that this plan would not ne- The investment houses are going to be know. How did that benefit the work- cessitate our putting out any money. up there beating me up, saying, ‘‘It is ers when these foreign speculators And indeed, Alan Greenspan said, ‘‘If the Senator’s fault.’’ I did not create came in, took their money, and left? you have to draw down our money, the the corruption in Mexico or the devalu- How did that keep Mexico and its econ- plan is not working.’’ I am suggesting ation in Mexico. I did not make the omy from collapsing? There is some re- to you now that the plan is not work- megabillionaires down there. I did not port that says the congressional leading. They are drawing down on U.S. create that aristocracy that has robbed ership breathed a sigh of relief. money. from the people for years and years. I Let us look at what this bill does. did not create the myth that Salinas Is that why we are sent here? Is that This bill does not say you cannot help was a tremendous leader. We were told why we were sent here? To duck our re- anybody else to stabilize their dollar. I that for years by administration after sponsibilities? When we know darn well think, by the way, that goes beyond administration. They said he is ter- that the carrying out of this loan what was intended. I am not going to rific. What terrific? His brother is in- promise, as it is being done, violates debate that. It says you can only do it volved in a killing. His Deputy Attor- the law, that it is being done in cir- to the extent of $5 billion. I hope that, ney General is running away with $24 cumvention of what we, the Congress later on, we will reexamine that, be- million in the bank. Drugs are coming of the United States—not the leaders of cause I think $5 billion gives far too in here at unprecedented rates. Sixty the Congress, plus the administration much authority to the administration, percent of the narcotraffic is coming in plus the President, but the Congress of to the President, utilizing it as he has from Mexico. The son of the former Ag- the United States has the responsi- as a foreign aid package or as a loan riculture Minister, a billionaire, is bility as it relates to the authorization package in contravention of the law. dealing in drugs. and appropriation of money.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4862 CONGRESSIONAL RECORD — SENATE March 30, 1995 From the Constitution, article I, section 5302, the President has full author- amendment. Because this amendment tion 9: ‘‘No money shall be drawn from ity to provide this assistance.’’ That is, would negate the existing program de- the Treasury but in consequence of ap- assistance that was going to be pro- signed to avoid that collapse. It does propriations made by law.’’ vided under the Exchange Stabilization not substitute a different program to I yield the floor. Fund. avoid the collapse. So, if your bottom Mr. SARBANES. Mr. President, first So let Members quarrel if we choose line is: Fine, it ought to collapse, then of all, I think it is very important to to do so about the policy, but let Mem- that is consistent with the amendment set the record straight in view of the bers not levy charges of illegal action that is before us. That is the degree comments by my colleague from New when clearly there was none. and the extent of the serious ramifica- York that any action was taken in vio- Let me make one final point about tions and consequences of the proposal lation of law or in contravention of the policy. When the Congress indi- that is before this body. law. He may differ with a policy. That cated difficulty in arriving at support Several Senators addressed the is what serving here is all about. But for the $40 billion loan guarantee, Chair. which was the initial proposal—the use to charge people with illegalities is a The PRESIDING OFFICER (Mr. different matter. of the Exchange Stabilization Fund GREGG). The Senator from New York is was going to be half of that amount— The Department of Justice, the As- recognized. sistant Attorney General, issued an but when they had difficulty, the lead- opinion that found the use of the Ex- ership then indicated to the President, Mr. D’AMATO. Mr. President, first of change Stabilization Fund to provide ‘‘We think you should use the Ex- all, I do not recall having used the loans and credits to Mexico was legal, change Stabilization Fund.’’ word ‘‘illegality.’’ I used the word ‘‘cir- and that opinion supported an opinion Now, that is what happened. They cumvention.’’ I certainly think that is of the general counsel of the Depart- went ahead with that package about 6 appropriate, and I certainly think that ment of the Treasury which reached or 7 weeks ago. That was the plan that is exactly what has taken place. I have the same conclusion. was put into affect in order to try to used language in terms of the abdica- In a memorandum from the Assistant address the crisis in the Mexican econ- tion of our responsibility, and I believe Attorney General to the general coun- omy. that to be the case. sel of the Treasury Department, a Now, if people had said, ‘‘Do not use The fact of the matter is we are talk- cover memorandum to his opinion, he the Exchange Stabilization Fund,’’ I ing about spending $20 billion plus. The said: assume the administration would have fact of the matter is this is foreign aid, Prior to the execution of the agreements— pursued its efforts to try to gain con- and it is a loan, and there is a real these are the agreements with Mexico—we gressional approval, which it may or question as to whether or not those orally advised your office that in our view may not have gained. In that debate, loans can be repaid. If careful reading the President and the Secretary could use many of the points that are being of those memoranda of law that have the ESF in the manner contemplated by the raised here on the floor would have been submitted justify and give to the President when he proposed a support pack- been relevant to reaching a judgment. administration its ability to go for- age. We also provided comments on drafts of The use of the fund was a judgment ward and is the basis, it really talks a legal opinion prepared by your office for the President made. The congressional the Secretary regarding such use of the ESF. about that on page 6. It says: This memorandum confirms the oral advice leadership supported him. There was Although loans and credit are clearly per- we provided to your office. It also confirms general acquiescence by the Congress. mitted under ESF, their purpose must be to that we have reviewed the final version of Here we are, 7 weeks later, after this maintain orderly exchange arrangements your legal opinion and that we concur in plan has been put into effect, after this and a stable system of exchange rates and your conclusion that the President and the package has been devised, after the not to serve as foreign aid. Secretary have the authority to use the ESF agreements have been reached with the in connection with the support package. We may begin splitting hairs, but let Mexicans, after we have tried to get a me tell you something. When you are Now, if the Senator from New York package working, and now we are going paying off the obligations of banks, wants to attack the policy, that is one to pull the rug out from under this when you are paying off the obligations matter. But he ought not to accuse package. of a government, you are going far be- people of contravening the law unless Now, make no mistake about it, that yond just maintaining exchange sta- he can lay out a case to support that. is in effect what is being done here. bilization rates. There are two strong legal opinions People need to clearly understand that If anybody wants to say they know here, one by the general counsel of the that is the case. The fact is that we had we are going to get paid back, that is Treasury Department and one by the executive-legislative cooperation to wrong. Indeed, that is why they set up Assistant Attorney General, that sup- try to find a common approach to re- the collateral system. Indeed, when one port the authority of the President and solve this problem. It was achieved. begins to examine and look at the na- the Secretary to use the ESF in con- Now we have some Members coming ture of that collateral system, there is nection with this support package. and seeking to undo it. I want to be very clear about that. The fact is we have a program that is no lien on that oil. And if there is a de- There was a saying in World War II, under way. This, in effect, would ne- fault, those revenues that are in the ‘‘Loose lips sink ships.’’ I do not see gate that program. Be very clear about bank at the time can be utilized, but why people who are trying to do the that. It would negate the program. It let me suggest they are not going to be best they can to deal with a problem does not have an alternative connected nearly sufficient to cover the kinds of and to establish a policy ought to come with it. It is not as though someone defaults as we get deeper and deeper under attack as having contravened was saying, ‘‘Well, look, I am not so into this with loan repayments not the law when, obviously, they had sure about your program, and I have a scheduled in some areas for 7 years out. strong legal opinions both from the De- better program. Here is my program, Look, it may very well be there is no partment of Justice and from the gen- and it is part of this amendment. It is better option. I doubt that. When the eral counsel of the Treasury Depart- part of this amendment that I have be- question is raised, ‘‘Do you have a ment that the action they proposed to fore you now, right here.’’ That is not plan?’’ we put forth an idea. The ad- take was within the authority of the the case. There is not an alternative ministration rejected it. We had hear- President and of the Secretary of the program connected with this. This is a ings. We had hearings where Mr. Perl Treasury and when, in fact, the con- negation of the existing program, with testified, where Bill Seidman testified. gressional leadership agreed, as well. all the consequences that will flow We said we will get involved in some In fact, they said in the statement of from that. And there are severe and se- workout. You just do not pay people January 31 by the President and rious consequences. dollar for dollar. You come in, here Speaker GINGRICH and Majority Leader So, if the bottom line of the sup- they are. DOLE and leaders GEPHARDT and porters of this program is not that Let me read what Tom Friedman, DASCHLE, ‘‘We further agree that under Mexico can simply collapse—if that is New York Times, March 8, 1995, wrote. title 31 of the United States Code, sec- the bottom line, I understand this It is very, very interesting:

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4863 Mexican malfunction. Mexico City. So far lations and the polls, as it relates to please join us in this effort? They say, all that has happened is that the foreign the people of Mexico, blaming us for fine, we will agree. And then 6 weeks bondholders are cashing in their bonds. their catastrophe. later we say, sorry, we are going the That is what they are doing. They Look, this is a tough problem, but I other way. cashed them in. And where do you do not think we are going about it the I mean that is wonderful leadership. think the money came from to guar- right way and I do not think we have That is wonderful leadership, global antee the repayment, to get them the the right to delegate our authority. leadership in the wake of the end of the repayment? Plus they got all their in- That is what we have done. We put our cold war, where we run around here and terest. Nothing renegotiated; nobody votes, as it relates to appropriations, our agreements only last about 60 days. said to them, ‘‘Listen, we will roll this in a blind trust and have given it to the So, Mr. President, I urge my col- over for 10 years.’’ That is how you do administration. If we want to do that, leagues to appreciate what this amend- it. You want to say I am microman- let us vote to do it. That is really what ment does. It goes far beyond Mexico. aging? We brought this to the atten- it comes down to. It goes to the very ability of any ad- tion of the administration, the Bank- I am not accusing people of illegality ministration to respond to a crisis that ing Committee, and asked them why, in the sense that we normally use that could have significant implications on long before this. It is not just 7 weeks word. But I am saying it is an abroga- our own economy in this country. have gone by and there is a wonderful tion of our authority, and I am saying Again, I think the points—— plan. It is 7 weeks and $5 billion of we have an obligation to either vote for Mr. SARBANES. Will the Senator American taxpayers’ dollars. or against the methodology in which yield on that point? Now Congress has an obligation to we are proceeding in Mexico. Mr. DODD. I will be glad to yield. look and see what is taking place down I yield the floor. Mr. SARBANES. What is an adminis- there—everybody. You are happy with The PRESIDING OFFICER. The Sen- tration to do? They come to the Con- what is going on? Then go ahead and ator from Connecticut is recognized. gress with a package. Then the leader- vote no. If you believe that we are en- Mr. DODD. Mr. President, there are a ship said we are having some difficulty gaged in a plan that will achieve eco- couple of points I would like to make, with that package, why do you not use nomic stability for Mexico, that is if I could, about this. the stabilization fund? being administered correctly, that will First of all, I urge my colleagues—I They get legal opinions saying they bring about the desired results for the know it is something we do not do with have the authority to use the stabiliza- United States as well, then fine. great regularity around here—but I tion fund. They get strong support I have not seen it. I know the print- urge you to read the amendment. It is from the leadership and a general ac- ing presses are still turning out pesos. only a page and a half long, but I think quiescence from the Congress. Let us I know the political stability necessary it is important that Members read be honest about it, that is what it to carry out that kind of plan never every word of it. The word ‘‘Mexico’’ amounted to. Most Members of the can work. does not appear in this amendment Congress said, ‘‘If the President wants Do you think people are really going anyplace. So it is not just about Mex- to take the risk and the burden, you to continue to sit back and allow inter- ico. If this amendment is adopted, as I know, let it fall on his shoulders and in est rates at 80 percent? Cannot pay suspect it is apt to be, it will be effec- that way we will deal with the Mexican their mortgages? Banks being run out tive to any country, any place. So problem but I will not be directly im- of capital? Do you think this is going when you are talking about a crisis in plicated, as it were.’’ So they move to work? NATO or Israel or some other place— ahead with it and there is a rescue What kind of idea is this? And the understand here what we are doing package in place. printing presses turn it out. The pesos with this. By adopting this amendment Now people come along with an are still coming off the mill. But we here we are saying Mexico, if it were amendment which will destroy that are not supposed to raise anything be- included here—you would say because rescue package. Make no bones about cause, you see, then you will be ac- you were unhappy about this plan, this it, that is exactly what it will do. They cused of being the person who blew up would prohibit, through a program do not have an alternative rescue pack- the economy of Mexico. that has been in existence since 1934, age. They are negating the existing I did not do it. This Congress did not the Exchange Rate Stabilization Pro- one, unconnected to a replacement do it. The American people did not do gram, for the President to respond and package. So, in effect the consequences it. And by sending $20 billion plus down react. of a collapse run directly with this there we are not going to rescue them, I hope my colleagues, as they assess amendment, in my judgment. save them. this amendment, would appreciate and This is serious business we are talk- It was like the fable about the king understand the implications of this. ing about here. This is not simply mak- who had no clothes, no suit. It took a Talking about $5 billion in Mexico is ing sort of political points. This is not kid saying, ‘‘You have no suit.’’ Every- one thing. Talking about larger econo- simply doing oversight, where you put body was around saying, ‘‘Hurray, mies where the implications can be far them on the griddle but, you know, the hurray.’’ They were all afraid to say more significant is another matter in- policy continues. This is ending the the king had no suit. deed. package and taking the consequences. We are all afraid to say this program President Clinton did not invent the Is that not correct? is not working. You have not dem- Exchange Rate Stabilization Program Is that correct? onstrated it and we have an obligation at all. This has been around, as I said, Mr. DODD. The Senator from Mary- to see it, to know how these dollars are for a long time. It has been used. It is land is absolutely correct. It deserves being spent. We do. We have an obliga- designed to be used for these kinds of being reiterated. Just consider, and for tion to see whether or not this plan is situations to provide some stability be- most people it is not difficult to con- going to work. I have not seen that cause it is in our interests to do so. nect all the dots. Everyone agrees we proof to date. This is not a Christmastime, some should do something. The administra- I do not insert myself in here lightly. gift we are giving away here. This is di- tion was told by the leadership you I waited and I waited. I wanted to offer rectly in our interests. Those Members cannot get something through Con- legislation prior. of this body who represent States along gress. They come up and say, ‘‘Why I have not seen anything, but I have the border areas are the ones who will don’t you use the ESF fund?’’ The lead- learned things that are very dis- feel it first and the hardest. ership says, ‘‘That is a great idea. We tressing. I learned that the so-called So when you send a message out here support you. We back you. Go out and underlying collateral may not be there that we are walking away from this, get other people to support it around in sufficiency to see to it that we can after we encourage the IMF, the Inter- the globe.’’ assure this revenue stream. I have seen American Development Bank, and a va- So we have an international re- that the people of Mexico have said, riety of other organizations to step for- sponse. It is not just the United States ‘‘Over our dead body are you going to ward, here is our commitment on the stepping forward. The President says, take our oil.’’ I have seen the public re- table, what we will do, would you ‘‘Thank you. All right. I will try that.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4864 CONGRESSIONAL RECORD — SENATE March 30, 1995 I will assume all the responsibility.’’ Then, once they go off a course rec- Mr. KENNEDY. Mr. President, the No one has cast a vote on this because ommended by the leadership, and then reason I raise this is because there has they were told by the new leadership to turn around and say we are now been a good deal of at least talk about that you cannot get the votes up here. going to pull the rug out from under- how we are going to finish this par- ‘‘We cannot produce the votes for you. neath you, that is the height of irre- ticular measure, and what period of We agree with you. We cannot produce sponsibility. The implications of it time, and that we hope we will have a the votes. You take a dive into the which we will have to bear are those good debate and discuss some of these pool.’’ who vote for this support it, when you matters, but that we are not going to Now, 6 weeks later, to turn around get the kind of market reaction we have prolonged debate and discussion and say, sorry, we want to absolutely may have seen already just as a result on some of these measures. destroy the very idea at the very hour, of the debate that goes on. There is a Here we are now, well into the after- I reiterate, when there are clear indica- place for raising these issues and dis- noon. The schedule is complicated by tions that it is beginning to work. If cussing them, and trying to look at it Members having at least made appoint- the economic indicators and market differently. I do not think this is the ments in other parts of the country, responses are accurate in the last 6 proper way to be going about it. and the rest. But I am just wondering, days, this is beginning to produce the Mr. KENNEDY. Mr. President, will on a measure of this importance—I see desired results that we all sought. And the Senator yield for a question? a member of the Foreign Relations right at the very moment that we are Mr. DODD. I am glad to yield to my Committee, the Senator from Con- getting those kinds of results, we walk colleague. necticut, as well as the Senator from in and say, ‘‘Sorry. We do not like it Mr. KENNEDY. I think many of us Maryland. This was a measure which anymore up here.’’ What kind of lead- believe that the issue which was going was reported out of the Foreign Rela- ership is that? to be before the Senate was the rescis- tions Committee. What kind of leadership is that to sion issue. I know Senator DASCHLE Mr. DODD. I say to my colleague devastate, not just here, I tell you, but had an amendment which many of us from Massachusetts that this is a mat- as pointed out by knowledgeable peo- were interested in that involved chil- ter which has obviously foreign policy ple, capital is cautious. It is very, very dren, involved education, involved implications. But the jurisdiction of cautious. When the markets see and in- whether we are going to see continued this particular approach comes out of vestors see a schizophrenic Congress, reduction in children’s programs and the Banking Committee. when it comes down to making deci- support for education, funds that may Mr. KENNEDY. Both Members are on sions about whether or not it is going very well be used in terms of reducing the Banking Committee. to stick up and stay with something taxes. The real debate and discussion Mr. SARBANES. Will the Senator they recommend, that capital does not on the whole question of the Nation’s yield for a moment? just depart the target country that is priorities was going to take place. Mr. D’AMATO. Senator DODD had the the subject of this debate; it gets skit- I am just wondering about this meas- floor. tish all over the world. ure here. What exactly does this meas- Mr. DODD. I am glad to yield to my There is enough ample evidence to ure have to do with the broader issue of colleague from Maryland. support exactly that. We have seen just rescissions and the issue that I thought Mr. SARBANES. This amendment is in the last few weeks reactions in Ar- we were debating and which been not related—— gentina, Chile, Brazil, Hong Kong, in scheduled by the leaders and which Mr. D’AMATO. Is that for a question, Singapore, and South Africa—all of many of us thought we were going to Mr. President? If it is not, I will object. which have reacted to the Mexican sit- have an opportunity to exchange views The PRESIDING OFFICER. Does the uation. That is now beginning to sta- on here this afternoon? Senator from Connecticut yield for a bilize because it is beginning to work. Mr. DODD. Mr. President, I say to question? The adoption of this amendment— my colleague, this has absolutely noth- Mr. DODD. I yield for a question, cer- and my view is that it will be adopted ing to do with it. The Senator from tainly. because it is the popular thing to do, I Massachusetts is absolutely correct. Mr. SARBANES. This matter that suppose, to go along. If that is the case, The Senator from Oregon is with us, has been offered by the Senator from then the implications in these other the chairman of the Appropriations New York is not relative to the rescis- markets, I think, will be felt. Who gets Committee. The matter before the sion bill; is that correct? hurt by this? Certainly, these countries body was the rescissions package. Mr. DODD. The Senator from Mary- do. But do you know who gets hurt Frankly, like probably most of my col- land is absolutely correct. It has no re- most of all? We do. It is a self-inflicted leagues, I was prepared to come over lationship whatsoever to the rescis- wound on American business, on jobs and give a speech on the rescissions sion. in this country, if this is adopted. package. I have the speech. I will be de- Mr. SARBANES. Is it not true that So, Mr. President, I again respect lighted to give it at some point. the Senator has the right to offer the people disagreeing with various aspects This matter came up. Frankly, I say amendment, since under the rules of of proposals. We had a good hearing a to my colleague from Massachusetts, the Senate, you may offer an amend- few weeks ago. The Senator from were this an amendment not nec- ment to a measure that is not relevant Maryland is absolutely correct. We had essarily of great import, I would say we to the measure? Generally, there is a excellent testimony from Jack Kemp, move on. But I have to say to my col- certain amount of self-restraint prac- who came. He would have preferred league from Massachusetts, now that ticed around here, so that you do not that the exchange of funds be used to the matter has been raised, it is signifi- completely exercise your rights to the buy pesos. But he prefaced his remarks cant. This is not an insignificant fullest. But the Senator has the right by saying you have to stay involved amendment. to offer it, if he chooses to do so, even here. This is the right course to be fol- So I regret that we are in the middle though it is not relevant to the meas- lowed. He disagrees with the specifics of it. The Senator from New York is ex- ure; is that correct? of a program. ercising his right as a Member of this Mr. DODD. The Senator from Mary- We heard from Alan Greenspan. body, of course, to raise an amend- land is absolutely correct. The Senator Every responsible individual who has ment. That is his right, and I certainly from New York has the right. As I said looked at this issue, regardless of ide- would fight to protect his right to do a moment ago, I would certainly defend ology or politics, has said this is the it. He is doing exactly what he has a very strongly his right to offer this right course to be following. It is in our right to do. I do not disagree with him amendment. I disagree totally, com- interest to be following it, and particu- exercising that right. I have done it pletely with the substance of it. But larly when this institution’s knees myself on other matters in the past. normally—— buckled 60 days ago, and we said we But the fact of the matter is the Sen- Mr. SARBANES. One could also raise cannot face up to this issue. But lead- ator from Massachusetts is correct. a question whether even if you have ership said to go ahead and do it; we This has nothing to do with the rescis- the right, you ought to exercise it. You back you. sion package. do not always exercise every right to

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4865 the fullest, and there should be some ber of days, not a couple of hours, on a crisis and achieving full understanding of the restraint. floor amendment offered to a rescission precipitating events and the responses to Is it not the case that this amend- package. them. ment, in effect, raises the whole basic Mrs. BOXER. Will the Senator yield I do not have any disagreement with question about responding to the Mexi- to me for a question? my colleague from New York raising can economic crisis, and that a pro- Mr. DODD. I will be glad to yield to those issues. posal of this sort, if it is to be consid- my colleague from California. What would be inappropriate, as I see it, ered, ought to have extensive consider- Mrs. BOXER. I wish to thank the would be to either attempt micromanage- ation? This is not a minor matter that Senator for coming over. We served to- ment of the use of the ESF or to so constrict its future use as to render it ineffective in should simply be dealt with in an hour gether in the Banking Committee. I do have a question. And, of course, to my the face of future crises which, if history or two in this Chamber. This is a major tells me anything, are sure to reoccur. proposition that ought to be carefully chairman, who has long been concerned about this issue, I want to say that I I point out to my colleague from examined. Does the Senator agree with California that the amendment offered that? share a lot of his concerns. I think the question is, Is this the ap- by the distinguished Senator from New Mr. DODD. I completely agree with York does not mention Mexico. It ap- my colleague from Maryland. You propriate way to handle this matter? I say to my colleague and friend from plies to all situations globally. And so would have thought—and again, the here we are saying, regardless of the Senator from Maryland and I are in the Connecticut, a long time ago I used to be a stockbroker, and the one thing crisis, wherever it may occur, that the minority. The amendment is being of- President cannot react with the sta- fered by the chairman of the com- that just set the markets off was inde- cision, change, of course, instability, bilization fund that has existed for 60 mittee of jurisdiction. The chairman of years, since 1934, that every President the committee of jurisdiction certainly and the need that America stick with its decisions. I just feel that doing this has used. So even if you agree with the has it within his power to set a mark- point of our colleague from New York up. It would be one thing—if you are in this fashion without, as the Senator from Maryland has stated, ample de- on Mexico, which I hope a majority the minority, you do not always have bate and bipartisan discussion, could does not, but if you did, the adoption of the rights, but when you are the chair- set the markets off, the markets all this amendment applies to everybody man of the committee and in the ma- over the world. And it is something on the globe. jority, certainly setting a markup, that I fear, frankly. Mrs. BOXER. Will my friend yield scheduling a debate, proceeding I share my chairman’s problems with then for a further question? In other through the normal course in which we this whole issue. I think that he is words, what the Senator from Con- do business around here would be an right to raise them, but I am very connecticut is saying is that the amend- appropriate way at least to proceed. cerned that if we do this today, the ment deals with each and every coun- I still have a strong disagreement, message will go out that America’s try in the world? but to have the majority, the chairman word is no good, that there is a division Mr. DODD. There is no country spe- of the very committee with jurisdic- here, and I am concerned about the fi- cific in here. In fact, the amendment tion bring an amendment to the floor nancial and economic impact all over specifically says, I say to my col- without even going through his own in the world markets. league, that: committee is, I point out to my col- I ask my colleague if he shares that . . . the Secretary may not take any action under this subsection with respect to a sin- league from Maryland, a little out of concern. the ordinary. gle foreign government (including agencies Mr. DODD. I say to my colleague or other entities of that government) or with Mr. SARBANES. Will the Senator from California, the point she raises is yield for a further question? respect to the currency of any single foreign an important one. When we had the country that would result in expenditures Mr. DODD. I will be delighted to hearing a few weeks ago—and a good and obligations including contingent obliga- yield. hearing, I would point out—on this tions [of] $5 billion. Mr. SARBANES. Is it not reasonable issue with the testimony of a former It is global in effect. to assume that if we had followed the colleague, Jack Kemp; the Chairman of Mrs. BOXER. So, as I understand it, normal process and come through the the Federal Reserve Board, Alan if a crisis were to develop, let us just committee and a measure of this sort Greenspan; former Chairman of the say in Israel, as an example, or Ire- had been brought to the floor, the de- Federal Reserve, Paul Volcker; along land—— bate and the examination of that meas- with Bob Rubin, the Secretary of the Mr. D’AMATO. Italy. ure might well take days? That would Treasury, and others, I asked the ques- Mr. DODD. Italy. then be a major item on the calendar of tion about what was the most signifi- Mrs. BOXER. We will take Italy as the Senate, would it not, since this is a cant, important element in all of this, an example. major issue? It is not as though it is regardless of the particular plans. Mr. D’AMATO. Greece. the kind of proposition that the Senate And the word they all agreed on was Mrs. BOXER. I think this is an im- would dispose of, if it was dealing with ‘‘confidence,’’ the point having been portant point. We are legislators here. this freestanding, in an hour or two. raised by others who understand eco- We ought to know what we are doing. The Senate, in effect, would recognize nomic issues that there is nothing If a crisis were to develop in a country, it as the major item to be considered in more cautious than capital, and when and the world leaders got together and the particular week in which it was there is a lack of confidence, that cap- said we must act quickly—and let us going to be brought up, would it not? ital lacks confidence. Whether it is do- say it was when Congress was not in Mr. DODD. I say to my colleague mestic capital in Mexico or foreign session, and these things do occur; I from Maryland, not only is he correct capital that Mexico is trying to attract have seen wars break out when Con- in that, but there is ample evidence to or investors are trying to bring in, if gress is away—then our President support it. The Speaker of the other there is a lack of confidence in those would really be there in form only, be- body, when asked whether or not he who should be acting with responsi- cause in reality he could not act along could bring the matter up, 60 days ago bility in a leadership capacity to try to with other world leaders if there was said it would take at least 2 weeks, 2 avoid the kind of crisis that could be such a monetary crisis. Is that correct? weeks to even raise the issue and dis- devastating for us, then it seems to me Mr. DODD. As I read the amendment, cuss it with the Members of that body, you are going to have the predictable that is the case, because it is not coun- to determine whether or not they could results. try specific. It does not address Mexico. bring it forward. Paul Volcker may have said it best in It says a single foreign country. That So the Senator from Maryland is ab- response to a question of my colleague is pretty broad, to put it mildly. solutely correct. This would be a sig- from California. Mrs. BOXER. I thank my colleague. nificant, lengthy debate in this body Surely this committee is justified in care- Mr. HATFIELD. Will the Senator that would probably go on for a num- fully reviewing the approaches taken in this yield for a question?

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4866 CONGRESSIONAL RECORD — SENATE March 30, 1995 Mr. DODD. I will be happy to yield to If we could set it aside temporarily, amendment has enormous con- my colleague. it means it comes back at a certain sequences associated with it, as my Mr. HATFIELD. My question is to time, too, for final disposition. I am good friend from Illinois has pointed the Senator from Connecticut as to not suggesting to the Senator that we out. It was not placed before the body this colloquy that is being engaged. have final disposition at this moment. by those of us who have been speaking Could I get some idea about how much Give us a breather, is what I am ask- now for—— longer the Senator will hold the floor? ing, so that we can take up these other Mr. HATFIELD. Three hours and 15 I ask the question in order to move amendments. Because we are going to minutes. this bill. I would like to be able to ask be here. We have probably 30, 40 amend- Mr. SARBANES. No, no, no. for unanimous consent, and receive ments. Again, I cannot be more force- Mr. HATFIELD. Since this amend- unanimous consent when I do have ful than to say we are going to stay ment came to the floor. that chance, to temporarily set this here. And when it comes to be 1 a.m. amendment aside, that other amend- tomorrow morning, everybody is going Mr. SARBANES. Yes. But we have ments may be taken up. to be wondering why we are here. been speaking for about an hour. We I only want to put that in the total I am just saying that, this morning I are very much on the down side of that context. The Senator from Connecticut made the comment and I am making it time with respect to addressing this was here a few years ago when I again at 2:20, no one has to question at amendment. chaired this committee and we had a 1:30 tomorrow morning, if we are here: Mr. HATFIELD. Will the Senator humongous continuing resolution. We Why are we here? We are here because agree to a time agreement? started at 10 a.m. one day, and I stood we have been stalled on this particular Mr. SARBANES. That is the point I here until 2:30 the next afternoon, but amendment at this time. wanted develop further, because the we finished it. And I have now the We have had time agreements on Senator is asking to set it aside. It backing of the Republican leader that every other amendment we have had on seems clear to me, as I said earlier, we are going to stay here today and to- this floor. We are going to be paying this is the kind of proposal which, if it morrow, for however long, to finish the price at 1:30 tomorrow morning. I were here on its own as a bill reported this bill. merely want to make that clear. from the committee, would be debated We have been over 3 hours on this I am not asking the Senator to just for a number of days, because its con- issue, and I think we have had aired an to set this aside to dispose of it, but to sequences are that momentous. awful lot of the parts of this very com- set it aside temporarily. Maybe at 2 The Senator from Connecticut is ab- plex issue. I would like to be able to a.m. tomorrow morning we will dispose temporarily lay it aside in order to get solutely right when he said the bill, the of it faster, if we are here. rescission bill, is important, but its im- Senator MURRAY of Washington State But I do say that we have to get on into the next amendment in prepara- portance is dwarfed by the potential with the business. I am trying to now consequences of this measure. tion for an amendment of the minority chair a conference committee with the leader, Mr. DASCHLE, that deals with I think that needs to be understood. House on the first appropriations bill. more precisely the details of this par- One way to make it understandable, of We are trying to manipulate our chair- ticular bill. course, is, when we come to grips with men, who are meeting with their chair- So I am asking for this kind of co- a measure, to have the kind of debate men, back here on the floor to take operation. By the same token, I must that is required with an issue of this care of these particular amendments. add, I think if I get that opportunity importance. Now that can happen now It is no easy task. But, nevertheless, for unanimous consent, I will ask for 3 or it can happen later. we have to have the cooperation of all minutes on Senator D’AMATO’s behalf the Members of the body to dispose of I understand the concerns of the to respond to these most recent com- chairman of the committee, but I do ments made by the Senator from Con- the business. Mr. SIMON. Will my colleague from not think there should be any laboring necticut and others on that side, and under some misapprehension that by then get this set aside, if the Senator Connecticut yield? Mr. DODD. Yes. setting it down the road you are some- will yield for that purpose. how going to change the dynamic of Mr. DODD. Let me say to my col- Mr. SIMON. I thank the Senator for yielding. the concern about the consequence of league from Oregon, the chairman of the amendment if it came at that time. the Appropriations Committee, I hold In response to my friend from Or- him in tremendously high regard. I egon, before I would agree to unani- Mr. HATFIELD. Will the Senator have enjoyed immensely my associa- mous consent to set it aside, I would yield? tion with him. like to speak for 10 minutes. Mr. SARBANES. And the 1 o’clock in I did not initiate this debate. I say to I would also suggest to my friend the morning can be 1 o’clock, it can be my distinguished colleague from Or- from Connecticut not to set it aside 3 o’clock and so forth. This is a tre- egon, I was prepared to come over and until we get word from the President. I mendously consequential amendment address with a floor speech the rescis- think just setting this aside leaves it that is before us. sion package. in limbo and is going to cause great Mr. HATFIELD. Will the Senator I have been put in this situation be- problems in Mexico right now. I think yield a moment? cause our good friend from New York we ought to get word from the Presi- Mr. SARBANES. Yes. has raised this amendment on the Sen- dent of the United States that if this in here, this is going to be vetoed. So that Mr. HATFIELD. I understand the ator from Oregon’s bill. It is not an in- Senator’s position. Perhaps we could significant matter. I wish it were. I we can assure the markets in around the world that we are not about to de- work out a matter whereby we set it would have no difficulty whatsoever. aside and then let this minifilibuster, if But I, as a Senator, have a responsi- stabilize the situation in Mexico that is what I hear being stated, con- bility on something that I think has through irresponsible action on the tinue on. I will remain and let it hap- tremendous implications if left in the floor of the United States Senate. pen, say, from 12:01 a.m. tonight until present status and adopted, as I am Mr. SARBANES. Will the Senator 5:30 a.m., or whatever hour tomorrow fearful it is apt to be, in terms of what yield? afternoon, and then we will come back happens after that. Mr. DODD. I am glad to yield to the Now the rescission package is impor- Senator. and have a vote. tant. It is critically important. If we Mr. SARBANES. I think there is a Why keep everybody here on the adopt this amendment, and the impli- great deal of force in what the chair- floor of the Senate throughout the cations occur, it dwarfs the implica- man of the committee has just stated, night while a few engage in a tions of the rescission package. and I obviously recognize that. minifilibuster? That is all I am asking, Mr. HATFIELD. I understand the I think it is very important to under- to be considerate of our colleagues, and Senator’s position. I am not suggesting score a point made by my colleague then move this bill on through. we dispose of this amendment at this from Connecticut. We did not bring The PRESIDING OFFICER. The Sen- moment. this amendment here. I mean, this ator from Connecticut has the floor.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4867 Mr. DODD. Let me say to my col- Does the Senator wish to yield for a unanimous consent to set it aside league from Oregon, it is not lack of question? He may ask unanimous con- again. So the Senator is not losing any consideration on the part of the Sen- sent to do that. But at the time, how- kind of advantage or parliamentary po- ator from Maryland and myself. It a ever, he has not yielded the floor. sition by yielding for this purpose and because of an amendment that has Mr. DODD. Mr. President, I will un- to temporarily lay it aside. nothing do with the substance of the derscore the point made by our col- Mr. DODD. I would be happy to yield legislation brought to the floor by our league from Maryland. This is a situa- to my colleague, if he wants to raise wonderful colleague from Oregon. tion that the chairman finds himself the question with the author of the Mr. HATFIELD. If the Senator will in, and it is not one created at all. This amendment. I would like to know pub- yield, I have the assurance from the is significant. I know that every chair- licly whether or not my colleague from author of the amendment to tempo- man who brings every bill to the floor New York is willing to withdraw the rarily lay it aside. thinks that the matter they are han- amendment at this point. So one can say, sure, it takes a join- dling is the single most important Mr. HATFIELD. I have found that ing of two groups or two adversaries to issue facing mankind. I have certainly under circumstances of this kind, if we an issue to make a filibuster. He is been in that situation in a sub- can shift gears, shift the subject for a willing to stop this matter and get on committee capacity. little while, an hour or two, that some- with the other business of this bill, and With all due respect, I must say that times we cool down, in a way, in our to return to it at whatever hour is nec- this amendment before us now is of far devotion to the issue and we are more essary to return to it. greater importance, in many ways, amenable to making some kind of an I am only getting a resistance to co- than the rescission package, as impor- arrangement. I am asking for a timeout to try to operating with getting this bill under- tant as that is. To relegate this debate talk to the parties and see if we can way and getting to other amendments to some wee hours of the morning when reach some kind of a solution. As long before us from the speakers at the mo- we may bring it up again—I appreciate as we keep this rhetoric from both ment. the dynamic in order to try to move sides going, we dig ourselves into a Mr. SARBANES. If the Senator the process. deeper pit. I do not want to start say- would yield. There is a simple way in which this ing at 3 o’clock in the morning we have The PRESIDING OFFICER. Is the can be addressed. Withdraw this finally exhausted ourselves and we are Senator yielding for a question? amendment and schedule time for this now going to sit down and talk about Mr. DODD. Yes. to be raised on the floor as a free- it. I would rather see us talk about how Mr. SARBANES. Yes, for a question. standing proposition. We can allocate a to resolve it now and set it aside in I listened carefully to the chairman day or so to fully explore whether or order to do that, so we can get the par- of the Appropriations Committee. As I not this body wants to undercut and listened to him, my concern increased, ties together. That is all I am asking. absolutely destroy an economic pro- Mr. DODD. I thank my colleague. I it did not decrease, I have to say to my posal and package that has enjoyed say again, and it deserves repeating, good friend from Oregon. If, in effect, wide-based support—which can do sig- that we are only in this situation be- what you are saying to me is, by set- nificant economic damage to our coun- cause our colleague from New York ting it aside, we will then structure try and to others. I do not think that raised this matter on a bill that has this thing so we will go back to it at 1 is insignificant. That is the way to nothing to do with Mexico. The amend- o’clock in the morning, or whatever handle this, not to insist that those of ment has nothing to do with the rescis- time when we will not discombobulate us who have been put in a position of sion package. We can resolve it by all of our colleagues and inconvenience defending a proposal we think makes withdrawing the amendment and then them. And then those who are sup- sense for our country and this hemi- moving on to a lengthy discussion on posedly engaged in a minifilibuster, sphere all of a sudden relegate our de- the rescission package, given all of the which I would not view it as such—we bate time to the wee hours of the day amendments that are pending. did not offer this amendment. I think to satisfy amendments to a rescission The rhetoric has not been terribly it is irresponsible that this amendment bill that is of marginal importance by heated. We disagree about this, but is before us. It is not related to this comparison. this has not been an acrimonious de- bill. I hope that our colleague will say, bate. There is a legitimate difference of Mr. HATFIELD. But, Senator, you look, I will withdraw that amendment opinion as to whether or not we ought have now joined the issue, so you are a now. The yeas and nays have not been to go forward with the economic sta- part of this problem we face. asked for. It does not take unanimous bilization approach that was broadly Mr. SARBANES. That is right, we consent. I could have asked for the supported, ironically, by everybody have joined the issue. But the irrespon- yeas and nays earlier. We can get back around here. This was not done in the sibility of this situation rests upon the to the rescission bill and the chairman dark of night. This is a proposal that offerer of the amendment, not by those will not have the problem. enjoyed the endorsement of the major- that are responding to the amendment. I am not going to give up the floor on ity leader of the Senate and the Speak- And I am not going to have that re- this particular amendment with the er of the House, who urged the Presi- sponsibility shifted in the course of idea that some time at 2, 3, or 4 o’clock dent to step forward and do it. Now we this discussion. in the morning we are going to have a are turning around and watching an ef- Mr. HATFIELD. It is not to shift debate around here on a critical matter fort to undo it 60 days later. So it is that responsibility. Will you agree to that could face this country. I did not not insignificant. I make that point as some kind of a time to set this matter put you in this situation. That can be forcefully as I possibly can. aside when we have one side, the au- easily resolved by the author of the I do not desire to filibuster on this thor, willing to do so? amendment withdrawing it and sched- issue, but rather to have an important Mr. SARBANES. Why does the au- uling it for another time. That is the debate and discussion because of the thor not withdraw the amendment? only way I see of resolving this. implications of it. So it is not my de- Why does the author not withdraw the Mr. HATFIELD. If the Senator will sire here to take up time unneces- amendment and the consideration of yield, we are going to be finalizing this sarily, but so that our colleagues fully the rescission bill can proceed? bill at, perhaps, the wee hours of the understand the implications that if the Mr. HATFIELD. Because the author morning. I am not relegating this D’Amato amendment is supported here has a right to bring this up, as other amendment to any particular time. I and becomes the law—in fact, just the amendments have been brought up that am saying we are going to finish this mere adoption of it, I think, will prob- may not be relevant. bill if it takes all night. ably produce the kind of predictable re- Mr. SARBANES. Let him withdraw All I am asking now is to tempo- sults that I think it is important we it. He can offer it later, if he chooses to rarily lay it aside, and at any time have that full debate and discussion on. do so. after the next amendment is adopted, Maybe I am in a minority on that par- The PRESIDING OFFICER. The Sen- this is still the pending business, so it ticular point of view. I feel very strong- ator from Connecticut has the floor. would return. We will have to get ly that any savings we may get out of

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4868 CONGRESSIONAL RECORD — SENATE March 30, 1995 the rescission package could be abso- I yield the floor. think Senator HATFIELD was—when lutely wiped out, in effect, by the ac- Mr. SIMON. Mr. President, I rise in General Marshall, in a Harvard com- tions we take on this amendment. So strong opposition to this amendment. mencement, announced the Marshall in terms of the implications of the We are dealing with economic dyna- plan. Harry Truman was President of American taxpayer, this single debate, mite here. And the very discussion has the United States. The first Gallup as short as this amendment is—a page to be disquieting to a lot of people in Poll that was taken after that showed and a half—it can have very profound the financial markets around the 14 percent of the American public sup- implications on this. world. Senator BOXER made a very ported the Marshall plan. It was ex- I am happy to possibly impose a good point just a few minutes ago when tremely unpopular. quorum call here so we can have a she asked about the stability of the We look back on it now and boast minidiscussion, as my colleague has United States. People wonder, can we about how we saved Western Europe suggested, on the matter. But I must stay the course on things? from communism with the Marshall tell him in advance that I think post- It is no accident that just a few days plan. It is something we can be proud poning and delaying this for another 2, ago, we saw the worst trade figures we of. But it took the U.S. Senators, who 3, 4, 5 hours—I am worried about what have had for a long, long time. And had the courage to do what was not that itself does in terms of how mar- those trade figures were caused, to a temporarily popular, to do that. kets are apt to react. I have such re- great extent, by the peso crisis in Mex- Particularly because Harry Truman spect for my colleague from Oregon ico. at that point was dealing with a Re- that I am more than willing to listen Mexico has been a country where we publican Congress, it took Senator Ar- to his advice and thoughts on the mat- have sold more goods than we have im- thur Vandenberg from Michigan to ter. ported. The future of Mexico is tied in stand up and say this issue is more im- Unless others want to talk on the with the jobs. portant than temporary public opinion amendment, I am prepared to suggest Senator D’AMATO talks about work- or the Republican Party or winning a the absence of a quorum. I see people ing men and women in the United Presidential race. standing, so I do not want to do that at States. We want to protect those jobs Arthur Vandenburg did the right this juncture. But I will when the re- and help Mexico protects those jobs. thing. The country moved ahead. It is marks are completed on this matter I will add a couple of other points, one of the great acts of our country in and we can have an opportunity to talk Mr. President. It is easy in this kind of the history of our country. about it. climate to find scapegoats, when peo- On an issue that is this volatile, we Mr. D’AMATO. Mr. President, I am ple are having a tough time making a had better do the right thing and not going to keep my remarks, as I have living. What has happened in our soci- ask ourselves what will the polls say indicated to the chairman, to a min- ety is happening in every society: As back home. This is an amendment that imum. I am compelled to respond. the demand for unskilled labor is going ought to be resoundingly defeated. No. 1, the question in terms of rel- down, the demand for skilled labor goes Mr. HATFIELD. Mr. President, I sug- evance. I think it is absolutely, totally up. gest the absence of a quorum. relevant. Here we are talking about—as As that happens and people lose their The PRESIDING OFFICER. The the Senator from Massachusetts jobs, they look around: Whom can we clerk will call the roll. raised—the issue of cutting programs blame? Part of it is translated, I regret The assistant legislative clerk pro- for women, children, and others. And I to say, in terms of race in our society. ceeded to call the roll. am saying, what about the American There are people down on affirmative Mr. HATFIELD. Mr. President, I ask taxpayers? What about the hard-work- action, saying, ‘‘We are losing our jobs unanimous consent that the order for ing middle class? We are sending because of African-Americans,’’ or be- the quorum call be rescinded. money to programs of dubious value, cause of others. Mexico becomes an The PRESIDING OFFICER. Without reclaiming tesobonos for speculators, easy scapegoat for a lot of people who objection, it is so ordered. for people who made investments, do not understand the realities. which does not seem to me to be the The drop in the dollar that we experi- f right way to go. enced here a few weeks ago, to the ex- UNANIMOUS-CONSENT AGREEMENT As it relates to the question of $5 bil- tent that Mexico was involved, is be- lion, I deliberately kept it that high. cause of our debt and our deficit. Ordi- Mr. HATFIELD. Mr. President, I am Let me tell you, in the history of this narily, a $20 billion loan guarantee going to propound a unanimous-con- fund, never once has it gone over $550 would not mean anything for a country sent agreement. I believe that both million for any other country other with a $6 trillion economy. Mexico is sides will indicate support. than Mexico. Not Israel. Not Italy. Not not the primary problem. I now ask unanimous consent to tem- Ireland. Let us bring in Greece and I will underscore a point that Sen- porarily lay aside the D’Amato amend- every ethnic community there is, in- ator DODD made. This does not refer to ment for the consideration of an cluding Russia. Not once. Mexico, one Mexico. It says, ‘‘We can’t make loan amended amendment by Senator GOR- time, $1 billion. Only Mexico. So we guarantees except as authorized by an TON and Senator MURRAY, raising an went to $5 billion. Now if we want to act of Congress.’’ Say on November 1 of amendment to that; that there be an make it Mexico specifically, I have no this year, we recess until January. Say hour equally divided; and then we re- problem with doing that. The principle on November 10, there is a crisis in the turn back to the status where we are is whether or not this is a delegation of British pound sterling. The United now, with the D’Amato amendment the our constitutional authority. That is States is frozen. The most powerful pending business. what we are down to. economic Nation in the world, which This would incorporate an amend- I am more than willing to put the will have so much at stake, could not ment by Senator BURNS to the Gorton matter over. But in terms of relevance, do a thing. That just does not make amendment, which is about a 90-second I think it is very relevant. Here we are sense. action; there would then be the hour cutting 12, 14, 17 billion dollars’ worth Finally, I say to my colleagues, this divided equally between Senator MUR- of programs, and some of them argu- is not the kind of an issue where we RAY to offer an amendment, and Sen- ably are good programs. Yet, we are ought to be pandering to public opin- ator GORTON; then return again to the shipping off at the same time, watch- ion. There are issues in which all Mem- status where we are now. And, in the ing it take place—by the way, in sev- bers in politics pander to public opin- meantime, maybe we can find some eral weeks, maybe another $5, $6, $7, $8 ion, but with this one we are dealing way to resolve the current status. billion will go down to Mexico. So I am with something that really goes to the Mrs. MURRAY. Mr. President, re- saying, hey, fellows, let us look at this. heart of the economic survival of this serving the right to object, it is my un- Members of the Congress, let us look at country and other countries. derstanding that the unanimous con- this and see whether we want to con- I urge my colleagues to look back to sent will include language that says tinue the delegation of our authority something that happened some years there will be no second-degrees to the in this matter. ago—Senator BYRD was here; I do not Murray amendment?

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4869 Mr. HATFIELD. I am sorry, I did not AMENDMENT NO. 428 TO AMENDMENT NO. 420 Mr. GORTON. Mr. President, this hear the Senator. (Purpose: To broaden areas in which salvage amendment conforms the section of the Mrs. MURRAY. Is it my under- timber sales are not to be conducted) proposal in the bill to what the House standing that the unanimous-consent Mr. BURNS. Mr. President, I send an has passed. It clearly exempts wilder- language will agree that there will be amendment to the desk and ask for its ness areas and the like from the effect no second-degrees? immediate consideration. of the legislative language in the bill Mr. HATFIELD. And there will be no The PRESIDING OFFICER. The and I believe that, while the opponents second-degree amendments to the Mur- clerk will report. to the whole section do not like it, ray amendment. In other words, in the The assistant legislative clerk read they do like this addition. regular form. as follows: The PRESIDING OFFICER. If there Mr. DODD. Mr. President, reserving The Senator from Montana [Mr. BURNS] be no further debate, the question is on proposes an amendment numbered 428 to agreeing to the amendment. the right to object and I do not intend Amendment No. 420. to object, but I just want to make it as The amendment (No. 428) to amend- Mr. BURNS. Mr. President, I ask clear as I possibly can that, while I am ment No. 420 was agreed to. unanimous-consent that reading of the The PRESIDING OFFICER. The Sen- agreeing at this particular juncture to amendment be dispensed with. ator from Washington. this approach to accommodate our col- The PRESIDING OFFICER. Without league from Montana and a colleague AMENDMENT NO. 429 TO AMENDMENT 420 objection, it is so ordered. (Purpose: To require timber sales to go from the State of Washington as well, The amendment is as follows: I hope we could come to closure on the forward) On page 69, strike lines 7 through 10 and in- D’Amato amendment. Because I do Mrs. MURRAY. Mr. President, I send sert the following: an amendment to the desk and ask for want to make it clear that this is a ‘‘(A) expeditiously prepare, offer, and matter which I take very, very, very its immediate consideration. award salvage timber sale contracts on Fed- The PRESIDING OFFICER. The seriously. I understand the desire of ev- eral lands, except in— eryone to move on to the rescission ‘‘(i) any area on Federal lands included in clerk will report. The assistant legislative clerk read package. the National Wilderness Preservation Sys- as follows: This was not my intention to have tem; ‘‘(ii) any roadless area on Federal lands The Senator from Washington [Mrs. MUR- this amendment come up. It is up be- designated by Congress for wilderness study RAY] proposes an amendment numbered 429 fore us. But I do not intend for it to be in Colorado or Montana; to amendment No. 420. disposed of within an abbreviated de- ‘‘(iii) any roadless area on Federal lands Mrs. MURRAY. Mr. President, I ask bate. I am not suggesting a filibuster recommended by the Forest Service or Bu- reau of Land Management for wilderness des- unanimous consent that reading of the here at all. But it is an important mat- amendment be dispensed with. ter that deserves a lot of consideration. ignation in its most recent land management plan in effect as of the date of enactment of The PRESIDING OFFICER. Without So, while I am agreeing to this par- this Act; or objection, it is so ordered. ticular unanimous consent at this ‘‘(iv) any area on Federal lands on which The amendment is as follows: juncture, no one should interpret this timber harvesting for any purpose is prohib- On page 68, strike line 9 and all that fol- agreement on this particular amend- ited by statute; and’’. lows through page 79, line 5, and insert the ment to mean I will agree to future Mr. BURNS. Mr. President, this is a following: such requests. I say that with all due perfecting amendment to the Gorton (a) DEFINITION.—In this section: respect to my colleague from Oregon. amendment that merely accedes to the (1) CONSULTING AGENCY.—The term ‘‘con- Mr. SARBANES. Will the chairman House language of the bill in the tim- sulting agency’’ means the agency with which a managing agency is required to con- yield for a question? ber harvest. The House-passed bill consult with respect to a proposed salvage tim- Mr. HATFIELD. I will. tains language regarding lands which ber sale if consultation is required under the Mr. SARBANES. It is my under- are exempt from the timber provision. Endangered Species Act of 1973 (16 U.S.C. standing, then, that upon completion However, the language as reported out 1531 et seq.). of the Murray amendment, which will of the Senate Committee on Appropria- (2) MANAGING AGENCY.—The term ‘‘man- take an hour—at least there is an hour tions is more limited than that passed aging agency’’ means a Federal agency that of time for consideration of the Murray by the House. So my amendment is the offers a salvage timber sale. same language as that of the House, as (3) SALVAGE TIMBER SALE.—The term ‘‘sal- amendment—and then I take it there vage timber sale’’ means a timber sale— may be a vote? Or not? it was passed through the House of (A) in which each unit is composed of for- Mr. HATFIELD. I think so. Representatives. est stands in which more than 50 percent of Mr. SARBANES. At the end of that It exempts land designated by Con- the trees have suffered severe insect infesta- we would be back on the D’Amato gress for wilderness study in Montana tion or have been significantly burned by amendment, in the exact posture in and Colorado, Federal lands rec- forest fire; and (B) for which agency biologists and other which we find ourselves? ommended by the Forest Service or Bu- reau of Land Management for wilder- agency forest scientists conclude that forest Mr. HATFIELD. The circumstances ness designation in its most recent health may be improved by salvage oper- of this moment will not be changed. ations. land management plan in effect; the They merely will be postponed for an (b) SALVAGE TIMBER SALES.— Federal lands on which timber har- hour. (1) DIRECTION TO COMPLETE SALVAGE TIMBER vesting for any purpose is prohibited The PRESIDING OFFICER. Without SALES.—The Secretary of Agriculture, acting by statute. through the Chief of the Forest Service, and objection, the unanimous consent is In other words, what this does is pre- the Secretary of the Interior, acting through agreed to. vents harvesting timber inside of now- the Director of the Bureau of Land Manage- Mr. HATFIELD. Mr. President, I designated wilderness areas, those ment, shall— would like just a moment to thank study areas, and also those areas that (A) expeditiously prepare, offer, and award salvage timber sale contracts on Forest Senator DODD and Senator SARBANES have been proposed for wilderness by and others for cooperating on this, and Service lands and Bureau of Land Manage- any forest plan that is now in effect ment lands that are located outside— Senator D’AMATO on our side as the au- under the forest plan. I believe this (i) any unit of the National Wilderness thor of the amendment. amendment addresses most of the con- Preservation System; or Once again, it will be a Burns amend- cerns that have been raised by my col- (ii) any roadless area that— ment to the Gorton amendment, and leagues. I hope the Senate will accept (I) is under consideration for inclusion in then Senator MURRAY will offer an my amendment. the National Wilderness Preservation Sys- tem; or amendment as a probable substitute. I thank Senator GORTON of Wash- (II) is administratively designated as a So that means no second-degree ington for allowing me to perfect his amendments to the amendment of Sen- roadless area in the managing agency’s most amendment. recent land management plan in effect as of ator MURRAY. I yield the floor. the date of enactment of this Act (not in- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- cluding land designated as a Federal wilder- ator from Montana. ator from Washington. ness area); or

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4870 CONGRESSIONAL RECORD — SENATE March 30, 1995 (iii) any area in which such a sale would be taking of other actions that would otherwise backfire. I believe it will hurt—not inconsistent with agency standards and apply. help—timber communities and workers guidelines applicable to areas administra- (C) ASSIGNMENT TO SPECIAL MASTER.—The in the Northwest. tively withdrawn for late successional and court may assign to a special master all or riparian reserves; or part of the proceedings in a civil action The authorizing language contained (iv) any area withdrawn by Act of Congress under subparagraph (A). in this bill is designed to accomplish for any conservation purpose; and (c) OPTION 9.— three things: respond to a timber sal- (B) perform the appropriate revegetation (1) DIRECTION TO COMPLETE TIMBER SALES.— vage problem resulting from last year’s and tree planting operations in the area in The Secretary of the Interior, acting forest fires; speed up the rate of timber which the salvage occurred. through the Director of the Bureau of Land sales under the President’s forest plan, (2) SALE DOCUMENTATION.— Management, and the Secretary of Agri- option 9; and to release a few timber (A) PREPARATION OF DOCUMENTS.—In pre- culture, acting through the Chief of the For- paring a salvage timber sale under paragraph est Service, shall expeditiously prepare, sales remaining from legislation passed (1), Federal agencies that have a role in the offer, and award timber sale contracts on by Congress 4 years ago. planning, analysis, or evaluation of the sale Federal lands in the forests specified in Op- These are goals with which I can shall fulfill their respective duties expedition 9, as selected by the Secretary of the In- agree. My problem is with the method. tiously and, to the extent practicable, simul- terior and the Secretary of Agriculture on I believe the language proposed by my taneously. April 13, 1994. colleague will cause a blizzard of law- (B) PROCEDURES TO EXPEDITE SALVAGE TIM- (2) ESTABLISHMENT OF REBUTTABLE PRE- suits, cause political turmoil within BER SALES.— SUMPTION.—A rebuttable presumption exists (i) IN GENERAL.—When it appears to a man- that any timber sale on Federal lands en- the Northwest, and take us right back aging agency that consultation may be re- compassed by Option 9 that is consistent to where we were 4 years ago. quired under section 7(a)(2) of the Endan- with Option 9 and applicable administrative Our region has been at the center of gered Species Act (16 U.S.C. 1536(a)(2))— planning guidelines meets the requirements a war over trees that has taken place (I) the managing agency shall solicit com- of applicable environmental laws. This para- in the courtrooms and Congress for al- ments from the consulting agency within 7 graph does not affect the applicable legal du- most a decade. There is a history of days of the date of the decision of the man- ties that Federal agencies are required to waiving environmental laws to solve aging agency to proceed with the required satisfy in connection the planning and offer- environmental documents necessary to offer ing of a salvage timber sale under this sub- timber problems; that strategy has not to sell the salvage timber sale; and section. worked. (II) within 30 days after receipt of the so- (3) AVAILABILITY OF FUNDS.— It has made the situation worse. licitation, the consulting agency shall re- (A) IN GENERAL.—The Secretary of Agri- Until 1993, the Forest Service was para- spond to the managing agency’s solicitation culture and the Secretary of the Interior lyzed by lawsuits, the courts were man- concerning whether consultation will be re- shall make available 100 percent of the aging the forests, and acrimony domi- quired and notify the managing agency of amount of funds that will be required to hire nated public discourse in the region. the determination . or contract with such number of biologists, (ii) CONSULTATION DOCUMENT.—In no event hydrologists, geologists, and other scientists Now this bill contains language that shall a consulting agency issue a final writ- to permit completion of all watershed assess- will reopen those old wounds. I strong- ten consultation document with respect to a ments and other analyses required for the ly believe that would not be in the best salvage sale later than 30 days after the preparation, advertisement, and award of interest of the region. managing agency issues the final environ- timber sale contracts prior to the end of fis- Let me briefly explain my amend- mental document required under the Na- cal year 1995 in accordance with and in the ment, and why I think it makes more tional Environmental Policy Act of 1973 (16 amounts authorized by the Record of Deci- U.S.C. 1531 et seq.). sense than the underlying bill. There sion in support of Option 9. are two distinct issues in question: sal- (iii) DELAY.—A consulting agency may not (B) SOURCE.—If there are no other unobli- delay a salvage timber sale solely because gated funds appropriated to the Secretary of vage of dead and dying timber in the the consulting agency believes it has inad- Agriculture or the Secretary of the Interior, arid inland west, and management of equate information, unless— respectively, for fiscal year 1995 that can be the old growth fir forests along the Pa- (aa) the consulting agency has been ac- available as required by subparagraph (A), cific coast. tively involved in preparation of the re- the Secretary concerned shall make funds There is a legitimate salvage issue quired environmental documents and has re- available from amounts that are available quested in writing reasonably available addi- right now throughout the West. Last for the purpose of constructing forest roads year’s fire season was one of the worst tional information from the managing agen- only from the regions to which Option 9 ap- cy that the consulting agency considers nec- plies. ever. There are hundreds of thousands essary under part 402 of title 50, Code of Fed- (d) SECTION 318.— of acres with burned trees sitting eral Regulations, to complete a biological (1) IN GENERAL.—With respect to each tim- there. I believe these trees can and assessment; and ber sale awarded pursuant to section 318 of should be salvaged and put to good (bb) the managing agency has not complied Public Law 101–121 (103 Stat. 745) the per- public use. with the request. formance of which is, on or after July 30, (3) STREAMLINING OF ADMINISTRATIVE AP- I believe there is a right way and a 1995, precluded under the Endangered Species wrong way to conduct salvage oper- PEALS.—Administrative review of a decision Act of 1973 (16 U.S.C. 1531 et seq.) due to re- of a managing agency under this subsection quirements for the protection of the marbled ations on Federal lands. The wrong shall be conducted in accordance with sec- murrelet, the Secretary of Agriculture shall way is to short cut environmental tion 322 of the Department of the Interior provide the purchaser replacement timber, checks and balances. The wrong way is and Related Agencies Appropriations Act, at a site or sites selected at the discretion of to cut people out of the process. The 1993 (106 Stat. 1419), except that— the Secretary, that is equal in volume, kind, wrong way is to invite a mountain of (A) an appeal shall be filed within 30 days and value to that provided by the timber sale lawsuits. after the date of issuance of a decision by the contract. managing agency; and The right way is to expedite compli- (2) TERMS AND CONDITIONS.—Harvest of re- (B) the managing agency shall issue a final placement timber under paragraph (1) shall ance with the law. The right way is to decision within 30 days and may not extend be subject to the terms and conditions of the make sure the agencies can make cor- the closing date for a final decision by any original contract and shall not count against rect decisions quickly. The right way is length of time. current allowable sale quantities. to let people participate in the proc- (4) STREAMLINING OF JUDICIAL REVIEW.— (e) EXPIRATION.—Subsections (b) and (c) ess—so they do not clog up the courts (A) TIME FOR CHALLENGE.—Any challenge shall expire on September 30, 1996, but the later. to a timber sale under subsection (a) or (b) terms and conditions of those subsections shall be brought as a civil action in United shall continue in effect with respect to tim- I believe we can offer eastside timber States district court within 30 days after the ber sale contracts offered under this Act communities hope, not only in the later of— until the contracts have been completely short term—by delivering salvage vol- (i) the decision to proceed with a salvage performed. ume—but in the long term, too. By fol- timber sale is announced; or Mrs. MURRAY. Mr. President, I rise lowing the law, we can immediately (ii) the date on which any administrative today to offer an alternative to the harvest timber—and sustain it in the appeal of a salvage timber sale is decided. timber management authorizing lan- future—because we will not be tied up (B) EXPEDITION.—The court shall, to the extent practicable, expedite proceedings in a guage in this bill. I offer my amend- in lawsuits; we conserve our natural civil action under subparagraph (A), and for ment because I believe the language in- environment by not allowing poorly the purpose of doing so may shorten the cluded in the bill by my colleague, the planned clearcuts to slide into salmon- times allowed for the filing of papers and senior Senator from Washington, will bearing streams; and we protect human

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4871 lives by building roads that are ration- eral Lands Forest Health Protection and ment. Whereas the underlying bill sus- ally planned, not hastily built without Restoration) or any incantation of Mr. Tay- pends all environmental laws to allow planning. lor’s amendment (The Emergency Two-Year salvage operations, my amendment The Chief of the Forest Service and Salvage Timber Sale Program), or Mr. Gor- ton’s Bill. I believe a reasonable amount of does not permit the agencies to operate many firefighters agree with me on salvage harvesting should be carried out, and above the law. Instead, it requires this. I ask unanimous consent to have I believe this can be carried out successfully them to expedite compliance with some letters and materials to that ef- within the confines of current law. those laws. fect printed in the RECORD. I believe all these bills are based on the Second, the underlying bill allows There being no objection, the letters premise that the salvaging cannot be done salvage on any Federal lands outside of were ordered to be printed in the quickly enough to get the burned wood before it becomes useless. But the evidence designated wilderness areas where RECORD, as follows: shows that salvage has been occurring suc- there is insect- or fire-damaged timber. MARCH 21, 1995. cessfully in our forests. The Boise National That allows agencies to build roads in LETTER TO THE EDITOR: I would like to an- Forest successfully carried out the histori- pristine roadless areas and harvest swer to the editorial ‘‘From timber to tin- cally biggest sale of any type in the North- trees along our wild and scenic river der,’’ published in the March 15 Washington west as the Foothills Salvage in 1992. The Times. It argues that Congress should pass corridors. My amendment restricts sal- Forest Service anticipates having all the salvage operations to areas outside of the Representative Taylor’s Bill that would vage sales from the fires of 1994 on the auc- eliminate all environmental and economic tion blocks by late this summer—with envi- wilderness, roadless areas, and other rules for Forest Service timber sales of 6 bil- ronmentally sound analyses in place. I be- congressionally designated areas, like lion board feet, in the name of forest health lieve all of the bills mentioned above call for wild and scenic river corridors. and firefighter safety. Linking this initiative forgoing this type of analysis. This does to the 1994 firefighters’ deaths is an insult to Third, like the underlying bill, my nothing to help our forests. Given that it amendment would shorten the those that died and a shameless appeal to would be better to have salvage available for emotionalism. I lost my husband of 21 years, harvest by the summer following a burn, timelines allowed for appeals, but and the father of our two young children, why not simply request that the Forest allow citizens’ the right to challenge Jim Thrash, in the Colorado fire last year. Service speed up the analyses? Even in the bad agency decisions. Where the under- He was a smokejumper with 16 seasons of ex- present situation, they only need to shave lying bill prohibits administrative ap- perience. off three or four months to have salvage peals and does not allow temporary in- He also loved the forests. Jim and I owned ready by the summer following a burn. This junctions, my bill allows appeals, but and operated an outfitting and guide busi- could be easily done if they were empowered ness in the beautiful pristine mountains of dramatically shortens the timelines (and given the necessary budget) to form a and procedural requirements. west-central Idaho. We took many people a salvage analysis team as soon as it became year into the backcountry to experience the apparent that there would be an opportunity This is a reasonable, responsible ap- ‘‘wilderness’’. He was also the President of for salvage. I believe this change alone would proach. It ensures salvage operations the Idaho Outfitters and Guides Assoc., shorten the process by three months. will go forward. It protects workers which represents an industry that takes Some of the bills mentioned above propose and towns from the tangle of yet more thousands of Americans each year into the increasing the national annual cut from four lawsuits and insures that appropriate backcountry. Jim was very much at home in billion board feet to over five billion board the forests. He worked for responsible forest feet. I believe the lower cutting levels are environmental protections are in place. management practices with a high emphasis much more reasonable since they are based We do need to work with timber com- on maintenance of clean, free-flowing on an accurate level of a sustained yield. If munities; they have been waiting a streams and quality wildlife habitat. He the cut is allowed to continue at the higher long time. We also need to protect knew, understood and advocated the use of level, at some point in the next decade or them from the uncertainties of pro- fire in a more natural role in the ecosystem two, yield levels will begin to fall, and they longed litigation. My amendment will as well as prescriptive fires to aid in the res- will fall below the four billion level. This is toration of natural conditions. He did not the scientific advice given to you by the For- do that. support further roading of Idaho’s roadless est Service. I urge you to ask yourself, what Until very recently, the old growth lands or the use of clearcutting. sustainable level of harvest can our forests Douglas fir forests in the Pacific It is true that ’94’s fires were the result of support? Then who will you listen to for ad- Northwest had been shut down because the extended western drought, but were also vice, industry or land managers? Judge William Dwyer had ruled the I talked to a logger friend just yesterday. the natural fire cycles of those ecosystems. agencies were not following the law. There are those who are claiming that their He said, ‘‘Why not let the individual states loved ones’ deaths resulted from careless for- and industry set the cut level . . . Do you When President Clinton held his forest managers who failed to log dead and think they would cut themselves out of a est conference in Portland 2 years ago, dying timber elsewhere, resulting in a short- job? This is our land, not Congress’ or some he promised a scientifically credible, age of firefighting resources. In reality, the easterner’s and we know what is best for it.’’ economically sustainable, legally de- Colorado incident was not one of resource I told him that I had no doubt that industry fensible plan to resolve the crisis. Op- would cut themselves out of a job because shortages, but one of mismanagement. Fire- tion 9 is the result of that pledge. Let’s fighting managers and supervisors used poor they are only concerned with short term strategies (or had no strategies at all), and profits. be clear about this: Everybody dislikes failed to recognize and respond to the exist- A true commitment to community sta- option 9. The timber communities felt ing conditions (drought and weather) and ex- bility would help these mill towns read the it was inadequate. The environmental tenuating circumstances (resources short- writing on the wall. Find other specialties groups felt it allowed too much har- ages) when making the decisions to put em- for their community that will increase jobs. vesting. ployees on the firelines. Ultimately, this re- The real growth industries in Idaho are information technology and recreation—tour- Whatever people felt about it, option sulted in the deaths of 14 people. 9 was the first serious attempt to re- HOLLY THRASH. ism. People with jobs to offer come to Idaho because of the ‘‘quality of life.’’ This in- solve an issue that plagued my region MARCH 27, 1995. cludes low crime, a lack of urbanization and for years. Therefore, I supported it. DEAR MADAMS OR SIRS: I am writing to you a healthy natural environment. We need to Judge Dwyer has recently ruled that regarding the various ‘‘Forest Health’’ ini- make sure that our forest and water environ- option 9 satisfies the requirements of tiatives floating around Congress these days. ments are maintained and not sold for short term profit. Federal law. Today, timber commu- I am a wildland firefighter from McCall, nities are back in the Federal timber Idaho who has worked for the Forest Service Let the land managers do the job they as a helitacker, a hotshot, and 12 years as a were trained to do. The Forest Service will harvest business. Unfortunately, they smokejumper. As I am sure you understand, have all the salvage sales on the auction are not back to the degree that they the opinions expressed herein are my own blocks by this summer with environmentally should be. I am very unhappy that the and do not represent any government agen- sound analyses in place. Mr. Taylor’s bill Forest Service has not produced prom- cy. Since I was smokejumping on fires in calls for forgoing this type of analysis, which ised volumes. Idaho and Montana last July, I was not on does nothing to help our forests. And to link any forest health bill to our fallen fire- I wrote the President last week to re- the South Canyon Fire. Yet I lost good quest a schedule for timber sales under friends there, and I feel a duty to them and fighters mocks their deaths. to myself to speak out about the bills you Yours truly, option 9. He responded with details on have under your consideration. PATRICK WITHEN. both option 9 and the salvage program. Given my knowledge of fire and the health Mrs. MURRAY. Let me briefly dis- I ask unanimous consent these letters of our forests, I cannot support S. 391 (Fed- cuss the salvage aspects of my amend- be printed in the RECORD.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4872 CONGRESSIONAL RECORD — SENATE March 30, 1995 There being no objection, the mate- THE WHITE HOUSE, Woods contracts in the Gifford Pinchot, rial was ordered to be printed in the Washington, DC, March 23, 1995. Okanogan, Olympic, Mount Baker- RECORD, as follows: Hon. PATTY MURRAY, Snoqualmie, and Wenatchee National For- U.S. Senate, U.S. SENATE, ests. In FY 95, we will offer $301 million to Washington, DC, March 21, 1995. Washington, DC. the region under the Forest Plan in grants Hon. BILL CLINTON, DEAR PATTY: Thank you for your letter re- and loan guarantees. garding the status of the Northwest Forest President, The White House, Washington, DC. Additionally, with regard to salvage sales, DEAR MR. PRESIDENT: I know you are as Plan. I appreciate your concerns and want to we will be reducing the time it takes to pre- concerned as I about the seeming inability of make clear the progress that is being made. pare a salvage sale by about 30 percent. the Forest Service to produce a reasonable As you know, from the time I took office, supply of timber for Pacific Northwest tim- I made resolution of the long-standing Let me be clear that legislation to bypass ber communities under Option 9. You and Northwest forest dispute—which had pro- existing environmental laws and mandate a the rest of your Administration worked hard duced years of conflict and litigation—a high minimum level of salvage sales may not in- to find a solution to the forest crises we were priority for my Administration. The comple- crease the flow of timber. In fact, the De- facing. Despite protestations from all sides, tion of my Northwest Forest Plan in April partment of Justice has advised that such you supported a compromise plan to provide 1994 and the subsequent ruling by Judge mandates could reduce timber, grazing, and both scientifically sound management of our Dwyer upholding the plan in December mining activities because they could result forests and a sustainable supply of timber to marks the first time since 1991 that forest in new litigation over every land manage- our communities. management has been pushed out of the ment plan, including the Forest Plan. Now, almost a year after the Record of De- courts and back into the communities. That cision and 9 months after the lifting of the is clearly good news. I share your desire and commitment to a injunction, fewer than 300 million board feet I understand that you are concerned about sustainable flow of timber in Washington. As of timber have been sold in the 17 National the sales of timber to date, but, as noted, we you know, the gridlock created by the ac- Forests managed under Option 9. I’m sure have only been out of the courts since De- tions of previous administrations will take you agree that this is unacceptable. cember. In FY 1995 we will offer for sale ap- years to turn fully around. But again, our Legislation has passed the House and will proximately 600 million board feet (mmbf). significant investment in this issue is now soon be considered by the Senate to suspend This is consistent with my commitment beginning to offer hope to communities in all federal environmental laws applicable to under the Forest Plan, which was to offer 60 Oregon, Washington, and Northern Cali- the Forest Service in order to enable the percent of the 1997 target (1.1 billion board fornia. I look forward to working with you agency to sell the volume set forth in Option feet) in FY 1995. Furthermore, I am assured toward productive solutions for the people of 9 (and to meet salvage and section 318 sale by the U.S. Forest Service (FS) and the Bu- Washington and the entire Pacific North- targets). As a rule, I do not support such reau of Land Management (BLM) that we west. Enclosed you will find a schedule of ‘‘sufficiency’’ language because I strongly will meet our commitment under the Plan of timber sales and a summary of agency activ- believe agencies should not be above the law. 800 mmbf in FY 1996, and finally 1.1 billion ity to facilitate the flow of timber in the re- However, I am very frustrated by the Forest board feet (bbf) in FY 1997. In addition, the gion. Service’s inability to deliver on the Option 9 U.S. Forest Service and the Bureau of Land sale targets. With best wishes, Management will offer 1.664 bbf in salvage Mr. President, I must have assurances this Sincerely, sales throughout the country. week that the Forest service will meet its BILL CLINTON. Option 9 target levels by the end of this year. The agencies are working hard to expedite I need to know specific plans, timelines, and the implementation of the Plan. The FS and changes that the Forest Service intends to BLM, for example, are now working with the TIMBER SCHEDULE ATTACHMENT take to get this timber out. And I need to U.S. Fish & Wildlife Service (FWS) and the know what, if anything, you need from Con- National Marine Fisheries Service (NMFS) FOREST SERVICE AND BLM OR/WA/CA TIMBER SALE gress. early in the process of timber sale prepara- PROGRAM FOR FY 1994 I believe Option 9 and existing law can tion. By engaging early on and working simultaneously on project development, sale produce a sustainable flow of timber. Unfor- Owl range Non owl tunately, my belief has been shaken by the layout and contract preparations will be sig- Volume Sold range Total (mmbf) (mmbf) facts. nificantly expedited. Finally, I would appreciate knowing your Let me also note that, in addition to get- Forest Service ...... 233 257 490 plans for how the Forest Service will con- ting timber sales moving, we are engaging BLM ...... 18.5 0 18.5 state governments and local communities as duct its salvage operations and any problems Total ...... 251.5 257 508.5 you foresee in this area. Thank you for your never before to create new economic oppor- continued interest in finding solutions to tunities. In FY 94 the federal government in- Forest Service 1 ...... 851.0 376 1,227 these thorny forest issues. vested $126.6 million in the region combined BLM 1 ...... 154.0 0 154 Sincerely, with $164.3 million in SBA loan guarantees. Total 1 ...... 1,005.0 376 1,381 PATTY MURRAY, For example, the U.S. Forest Service allo- Senator. cated $6.3 million for over 200 Jobs-in-the- 1 Volume harvested. FOREST SERVICE OR/WA/CA TIMBER SALE PROGRAM FOR MAR. 1 TO MAY 1, 1995

Owl range Nonowl range Region 5 FY 1995 sale period Mar. 1 to May 1 Green Salvage Total Green Salvage and 6 total (mmbf) (mmbf) (mmbf) (mmbf) (mmbf) Total (mmbf)

Oregon (Region 6) ...... 2.8 10 .7 13.5 13.8 27.0 40 .8 54.3 Washington (Region 6) ...... 2 0 .2 4.4 6.2 10.6 10.8 California (Region 5) ...... 7.6 6.8 14.4 ...... 0 14.4

Categorical totals ...... 10.6 17.5 28.1 18.2 33.2 51.4 79.5

FOREST SERVICE OR/WA/CA TIMBER SALE PROGRAM FOR FY 95

Owl range Nonowl range Region 5 FY 1995 sale period Green Salvage Total Green Salvage Total and 6 total (mmbf) (mmbf) (mmbf) (mmbf) (mmbf) (mmbf)

Oregon (Region 6) ...... 138.5 79.8 218.3 54.4 231.6 286 504.3 Washington (Region 6) ...... 57.9 91.6 149.5 20.0 54.0 74 223.5 California (Region 5) ...... 65.4 33.1 98.5 ...... 0 98.5

Categorical total ...... 261.8 204.5 466.3 74.4 285.6 360 826.3

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4873 BLM OREGON/WASHINGTON TIMBER SALE PROGRAM FOR FY 95

Western Oregon E. Oregon and Washington OR/WA BLM FY 1995 sale period Green Salvage Total Green total (mmbf) (mmbf) (mmbf) (MMbf) Salvage (mmbf) Total (mmbf)

October–May 1 ...... 12.6 6 18.6 0 OR/4.8–WA/0.6...... OR4.8–WA/0.6 ...... 24 Oct.–September 30 ...... 104 16 120 0 OR/23.4–WA/0.6...... OR/23.4–WA/0.6 ...... 144

Additional volume that will be made available Additionally, a meeting is scheduled be- Moroever, Secretary Babbitt has asked in FY 1995 tween BLM, FWS, FS, and NMFS biologists FWS to conduct an evaluation of the con- (mmbf) and others involved in consultation to work sultation process with the goal of further 1. Marbled Murrelet volume From on screens to expedite consultation for sal- streamlining consultation for forest plan and Unoccupied Units: vage sales in the region. Other streamlining salvage sale activities. Additionally, on Oregon ...... 20.3 actions will also be discussed. March 6, Secretary Babbitt announced a ten Washington ...... 2.6 With regard to your suggestion concerning point plan for easing ESA restrictions on California ...... 3.4 proceeds from commercial thinning, the For- harvests from private lands. These and other est Service currently has the authority to efforts are underway to facilitate responsi- Total ...... 26.3 fund timber stand improvements and other bility the sale of timber in your region. restoration from timber receipts under the 2. Section 318 Rogue River Forest- Knutson-Vandenberg (K–V) Act. It is current Mrs. MURRAY. Mr. President, the Judge Marsh Case (Sales will be practice for the Forest Service to utilize administration needs to fulfill its com- awarded within 60 days) ...... 13.9 these funds through the K–V Act from mitment to the region. If Congress can 3. Going forward at purchasers’ dis- thinnings and other timber sales to do tim- help, so much the better. But we must cretion from BLM ...... 70.0 ber stand improvements and to conduct ri- be very careful not to go too far. 4. Willamette Horse Byers & Red 90 parian restoration where applicable. Another (Volume will be awarded this option is to consider the use of stewardship The Chief of the Forest Service told spring; delayed by Supreme Court contracts. This is a mechanism we have pi- me last week he is well on his way to Decision) ...... 11.1 loted in other areas where timber sales pay providing promised timber sales levels. 5. Siskiyou Forest ...... 12.7 for activities like watershed restoration, But he lacks the human resources to do recreation improvements, and thinning and so. My amendment transfers money Total Miscellaneous Sales ...... 134.0 salvage sales. This is a tool we are exploring from road construction programs to SUMMARY OF ONGOING ACTIVITIES in your region. If you have any questions need personnel to get these sales out. about it, please have someone contact us. (Prepared by E. Thomas Tuchman, Director, It does not simply waive the rules. Office of Forestry and Economic Develop- SIMPLIFY PLAN IMPLEMENTATION ment, March 23, 1995) This Administration is committed to When Judge Dwyer approved option 9, he did so with conditions. He expects INCREASING SHORT-TERM TIMBER SUPPLY maximizing our flexibility in implementing full funding for implementation, and The Record of Decision (ROD) for the the Forest Plan. For example, the U.S. For- Northwest Forest Plan allowed all timber est Service and BLM are expediting Plan im- he expects monitoring and assessment sales that were sold and awarded prior to the plementation by, for example, working with for compliance with the standards and effective date of the ROD to go forward at the FWS and the NMFS to engage in the ap- guidelines. propriate consultations early in the process the purchasers’ discretion. Those that were of timber sale preparation. By engaging Mr. President, I am concerned that if sold but not awarded could go forward pro- early on and working simultaneously on we do not heed his advice, Judge Dwyer vided they met the requirements of the En- project development, we will expedite sale will rule option 9 invalid and once dangered Species Act (ESA). As of January 1, layout and contract preparation. Further, by 1995, 96% of the total Section 318 volume of- again forbid all harvesting in the involving FWS and NMFS biologists early in fered had been released. The remaining vol- Northwest. Our communities simply project development, we should alleviate cannot afford that blow. ume is awaiting completion of surveys to problems that would otherwise arise in the comply with the ESA. Agencies are working final stages. My amendment provides needed fi- vigorously to complete the required analyses Also, we are on an accelerated track to nancial resources. Additionally, it says and move these sales. A portion of the re- complete half of all the necessary watershed that if the agencies follow the rules set maining Section 318 sales, 13.9 mmbf from analyses under the Forest Plan by the end of forth in option 9, anyone challenging a the Rogue River Forest, will be awarded 1995. As you know, watershed analysis—uti- timber sale will have to cross a very within 60 days. There will be an additional lized to help make informed management de- 20.3 mmbf offered by mid-summer pursuant cisions—is a new requirement under the For- high legal hurdle to prove that a tim- to issuance of a biological opinion by the est Plan. As the watershed analyses are com- ber sale is environmentally harmful. U.S. Fish and Wildlife Service on unoccupied pleted and timber sales are awarded over the Let me say one final word about op- units for Marble Murrelets. Please note the next year, the timber pipeline will slowing tion 9. If people have a problem with attached chart which contains a timber sale be replenished after having been fully de- option 9, they have a problem with the schedule for FY 95 and includes salvage and pleted during the three and-a-half year pe- laws: National Environmental Policy green sales, in addition to some outstanding riod (1991–June 1994) that timber sales were Act, and National Forest Management miscellaneous sales that will be offered by enjoined. This will allow for an even and September 30, 1995. steady flow of timber under the Forest Plan Act. If we are going to revisit the mer- IMMEDIATE ATTENTION TO ACTIONS IMPROVING for Oregon and the region. its of option 9, we should instead take FOREST CONDITIONS Overall, the agencies are pursuing better a broad look at the laws governing it. We agree completely that we ought to regional oversight through a prioritization We should not take short cuts in a remove aggressively to improve the health of of consultation actions and quality control scissions bill without the benefit of forests in the Northwest; therefore, several of biological assessments submitted to hearings and public involvement. months ago we directed the agencies to move NMFS. Priorities will be coordinated region- SECTION 318 expeditiously forward with immediate ac- ally, rather than for each Forest or BLM dis- tions, such as salvage sales. On March 8, the trict. This will allow for smoother imple- Finally, my amendment directs the heads of four Federal agencies—Bureau of mentation under the Forest Plan, as well as Forest Service to find replacement vol- Land Management (BLM), the U.S. Forest facilitate forest salvage actions in the re- ume for sales old under fiscal year 1990 gion. Service (FS), U.S. Fish and Wildlife Service appropriations bill, dubbed section 318, (FWS), National Marine Fisheries (NMFS)— EXPEDITE ENDANGERED SPECIES ACT CONSULTATION PROCESS that are tied up because they may con- signed an agreement detailing new consulta- tain the threatened marbled murrelet. tion time lines and streamlining processes We too are concerned about the time it has for forest health projects. Pursuant to this taken in the past to consult on management The companies who bought these sales agreement, compliance with the National actions and are working to expedite the years ago deserve what we promised Environmental Policy Act, the ESA, and process. As a result, land managers are in- them: timber. My amendment delivers other statutes will be significantly acceler- volving the U.S. Fish and Wildlife Service that. ated. In fact, by ‘‘reinventing’’ the consulta- (FWS) and the National Marine & Fisheries Mr. President, two of the provisions tion process, we will be able to cut the time Service at the beginning of a project rather than at the end. In addition, they are of this bill have only regional effects. required to prepare salvage sales by about The primary provision—salvage of 30%. These process improvements will accel- ‘‘batching’’ projects for consultation in larg- erate the flow of timber in Oregon, specifi- er groups, wherever possible, rather than damaged Federal lands—is national in cally on the ‘‘east side.’’ consulting on a sale-by-sale basis. scope and affects the health of forests

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4874 CONGRESSIONAL RECORD — SENATE March 30, 1995 throughout this Nation. We must not about it—incapable of addressing this Fourth, they would say the Forest give the agencies free rein to cut tim- in an expeditious manner. Service cannot meet the salvage tar- ber without regard to environmental So those who suggest that we simply gets. The amendment does not have considerations. proceed under the status quo will find any targets. I wish it did. Today, the My amendment is a moderate, rea- that the timber will be left where the Forest Service is working on its capa- sonable alternative. It expedites sal- bugs or the fire last left it when we are bility statement on the House version vage. It expedites option 9. It ensures here next year and the year after. So, of this amendment. There are strong appropriate levels of environmental do not be misled by those who are of indications that with the expedited protection. And most importantly, it the extreme environmental bent to see procedure the House bill will match in protects communities and workers this as an opportunity simply to stop pertinent part the Gorton amendment. from burdensome, frustrating litiga- the timber process. It is unfortunate The agencies can meet the House tar- tion. Such litigation is sure to result that we could not make the decision on gets and still comply with substantive from the underlying bill. what to do with this timber based on requirements of existing environ- Mr. President, 10 days ago I went to sound forest practice management— mental and natural resources. Gray’s Harbor in my home State of what is best for the renewability of the Fifth, they say the amendment will Washington, and I talked to people who resource. cost the Treasury. This is simply false. have lived through the nightmare of The Gorton salvage amendment is an The Gorton amendment has received a Congress and the courts deciding their essential response to an emergency for- positive score from CBO. lives. They are just starting to get est health situation in our Federal for- Sixth, they say the amendment may back on their feet. Hope is beginning to ests as evidenced by last year’s fire disrupt and actually reduce timber return. They do not want more empty season. Our committee, the Committee sales. Well, if that were true, I would promises. They do not need congres- on Energy and Natural Resources, has expect them to strongly support the sional interference that may backfire. held oversight in the area, has recog- Gorton amendment. But it is not true. They do need promises kept, and they nized the severity of the problem, and The Gorton amendment contains pro- do need Congress to act with common I strongly recommend we do a positive tective language to assure potential sense. step of forest management practice and environmental litigants cannot disrupt That is what my amendment does, support the Gorton amendment as an other agencies’ functions due to this and I urge my friends here in the Sen- appropriate emergency response to the amendment. ate to support it. problem. Finally, Mr. President, I have been Mr. President, I retain the balance of I have listened to the critics of the genuinely perplexed by the misconcep- my time. amendment both on the floor and off tions that accompany the attacks on Mr. MURKOWSKI addressed the the floor. I have come to conclude that this amendment, but today perhaps I Chair. they must be discussing some other know why this is the case. Yesterday, The PRESIDING OFFICER. The Sen- provision than the one offered by the Senator GORTON and Congressman ator from Alaska. senior Senator from Washington. CHARLES TAYLOR along with Senator Mr. MURKOWSKI. Mr. President, First, they say the Gorton amend- CRAIG, the author of S. 391, which is a who controls the time? ment mandates increased salvage tim- measure directed at another aspect of The PRESIDING OFFICER. Does the ber sales. The Gorton amendment does this problem, offered to meet, as I un- Senator from Washington yield time? not mandate timber sales. It provides derstand, with groups of activists op- Mr. GORTON. Does the Senator from the administration with the flexibility posed to both the Gorton amendment Alaska wish to speak in support of the to salvage sales to the extent feasible. and S. 391 together. It is my under- amendment? I trust the administration to properly standing they cleared time on their Mr. MURKOWSKI. The Senator from utilize that flexibility. Opponents of calendars at 9 a.m., but they found that Alaska would like to speak in support the Gorton amendment apparently do the activists were evidently more in- of the Gorton salvage amendment. not trust this administration. I cannot terested in preparing for their 9:30 a.m. Mr. GORTON. I yield 5 minutes to tell whether they do not want to reha- press conference than meeting with the the Senator from Alaska. bilitate burned forests or whether they authors of the three provisions which they proceeded to lambaste. That sort PRIVILEGE OF THE FLOOR need individual sign off from the For- of interest group behavior I do not Mr. GORTON. Mr. President, before I est Service Chief, Jack Ward Thomas, think can be tolerated if we are to con- do so, I ask unanimous consent that the Secretary of Agriculture, or maybe tinue to have informed debates in this privilege of the floor be granted to even Vice President Gore to trust the body. Dave Robertson and Art Gaffrey, con- administration. So, Mr. President, I rise in support of Second, they say that the Gorton gressional fellows attached to Senator the Gorton amendment, and against amendment suspends all environ- HATFIELD’s staff. other modifying amendments. I encour- mental laws. The Gorton amendment The PRESIDING OFFICER. Without age my colleagues to proceed with objection, it is so ordered. expedites existing administrative pro- what this is, an emergency. The Senator from Alaska. cedures under the Endangered Species I thank the Chair. Mr. MURKOWSKI. I thank the Chair. Act, the National Environmental Pol- The PRESIDING OFFICER. The Sen- I thank my colleague from Wash- icy Act, and other measures. If the ator’s time has expired. ington. agency successfully follows the expe- The Senator from Washington. Mr. President, I rise to again com- dited procedure, their performance is Mr. GORTON. Mr. President, as re- mend the Gorton salvage amendment. I deemed adequate to comply with exist- cently as half a dozen years ago, there share, as Senator from the State of ing environmental and natural re- was a booming, successful forest prod- Alaska, a dilemma facing all of us; that source statutes. These expedited proce- ucts industry in rural towns all up and is, a shortage of timber. We have seen dures are essential as we must appro- down the north Pacific coast of the our industry shrink by about three- priately respond to the forest health United States. In region 6, in Wash- quarters by a combination of the in- emergency, and it is an emergency that ington, Oregon, and northern Cali- ability of the Forest Service to meet we face. If you have an emergency, Mr. fornia, approximately 5 billion board its proposed contractual agreements. President, you respond to it and you feet of timber was being harvested. As a consequence, the industry has expedite a process. That is what the Towns were prosperous and optimistic. shrunk. As I see the issue before us, we Gorton amendment is all about. Families were happy and united. have an opportunity, because of an un- Third, they say the Gorton amend- Schools were full. The contribution fortunate act of God, to bring into the ment eliminates judicial review. It that these people made to the economy pipeline a supply of timber that other- simply does not. The amendment proof the United States is difficult to unwise would not be available. Clearly, vides an expedited form of judicial re- derestimate. It was easier and less ex- without the help of the Gorton salvage view that has already been upheld by pensive to build homes, to publish amendment the Forest Service is abso- the Supreme Court in previous litiga- newspapers, to engage in all of the ac- lutely incapable—make no mistake tion. tivities which

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4875 arise out of the forest products indus- I did not then and I do not now be- One on salvage timber is nationwide try. And even during that time of max- lieve that that constitutes balance or in scope. The administration proposes imum harvests every year in the Pa- that it was at all necessary to protect in this fiscal year to sell something cific Northwest more board feet of new the environment. But it was a promise, over 1.5 billion board feet of salvaged timber was growing than was being Mr. President, of some form of relief. timber, dead or dying timber. In region harvested. Since then, the President has had 6, which is the Pacific Northwest, the Beginning with the controversy over that option validated by a U.S. district figure is about one-fifth of that total. the spotted owl in the Pacific North- court judge who has taken charge of Four-fifths of it are from other regions west—in which incidentally, the recov- this area in Seattle. But do our people of the country and they include every ery goal at the time of its listing has have 1.1 billion board feat of harvest? Forest Service region in the United now long since been exceeded by the No, Mr. President, they do not. In spite States. discovery of additional spotted owls— of the time at which that promise was My proposal, the proposal in the bill, at the time of the beginning of that made, they are nowhere close to that does not require the administration to controversy, that harvest began to because the Forest Service in its per- double that offering. In fact, it has no drop precipitately, to the point at sonnel cuts has cut mostly the people number in it at all. But it says that the which in the last few years the harvest who work in the woods preparing these administration, having carefully con- on lands of the United States of Amer- sales and because the Clinton adminis- sidered every environmental law, is en- ica has been close to zero. Commu- tration knows that almost no single abled to do what it tells us that it nities have been devastated. Families action taken pursuant to this option wants to do. have broken up. Small businesses have will escape an appeal within the Forest Does this suspend the environmental failed. Homes purchased by the work of Service and a lawsuit being stretched laws? No, Mr. President. This adminis- many years have become useless be- out forever and ever. tration has certainly tried its best to cause they cannot be sold. That is one element, Mr. President. abide by all of them and all of them re- And we have constantly heard from The second is that last summer, remain on the books, those I agree with those whose conscious policies drove grettably, was a time of major forest and those I disagree with. the litigation leading to this end that fires in almost every corner of the And I cannot imagine that Members the people in these towns should seek United States—loss of life in Colorado, of this body will accuse the administra- other employment in some other place huge fires in Idaho and Utah, large tion of wanting to ignore those stat- or be the subject of various kinds of re- fires in my own State of Washington. utes. It simply says that the adminis- lief activities. So where they provided Those fires have left billions of board tration’s own decisions will not further a net income to the United States from feet of timber that is now dead, abso- be attacked in court by the often in- their income taxes, they now are a net lutely dead, but for a relatively short consistent provisions of six or seven or drain on the people of the United period of time harvestable. If it is not eight different statutes passed at dif- States for welfare programs which have harvested, Mr. President, it will be- ferent times with different goals. benefited primarily planners and con- come worthless very quickly by rotting The amendment that is sought to be tractors and advisors and not the peo- away and at the same time will be tin- substituted for that which is in the bill ple who lost their jobs. der for future forest fires. does not reduce litigation in the slight- Mr. President, these people, these And yet the opponents to harvest say est, Mr. President. It calls for certain communities, their contributions to that’s nature’s way. Forest fires start; expedited procedures, but it still allows America have been largely ignored by let them burn. Very few of them live in every timber sale to be appealed within the mainstream media of this country. communities near where these fires the Forest Service or the BLM, and Their professions have been denigrated. have taken place, whose summers have every one to go to court. And they all They who live in this country and have been ruined by them, may I say, inci- will go to court, Mr. President, because a greater investment in seeing to it dentally. those who will attack them, those who that it remains booming and pros- And so in this bill, as in the bill pro- want nothing to be done, will recognize perous have been accused of utter indif- duced by the House, we attempt to en- that all they have to do is to delay it ference and attacks on the environ- able the President of the United States for another season and there will not ment. to keep his own promises; nothing Mr. President, that only has not been more than that, Mr. President. be anything to sell, because it will be terribly unjust but it has been destruc- It is true that the provisions in the worthless. So that portion of the sub- tive of balance and destructive of the House bill set a mandated harvest level stitute amendment is simply an invita- economy of our country. roughly double what the administration to have no salvage at all. Now, into this controversy some 3 tion deems to be appropriate. The pro- The second and third elements in years ago came the then candidate for posal attacked by my colleague from both amendments have to do with op- President of the United States, Bill the State of Washington, however, has tion 9 and with so-called section 318 Clinton, promising in a well-attended no such requirement in it. It simply sales. Section 318 was a part of the Ap- meeting in Portland, OR, balance and says that, after all of these years, all of propriations Act in 1990, designed to relief, promising to listen to the people these promises, all of this devastation, provide some interim help for the for- of the Pacific Northwest, to protect the that we will liberate the administra- est in the two Northwest States. But environment but at the same time to tion to do what it wants to do. many of the sales directed by this Con- restore a significant number of the lost And yet, this is attacked as if, some- gress pursuant to that law have been jobs and some degree of hope and pros- how or another, this administration held up by subsequent environmental perity to those communities. had no concern for the environment actions. The first part of later President Clin- whatsoever; that Secretary Babbitt The proposal that the committee has ton’s promise was kept in 1993 when as was simply out to cut down the forests made simply says that those sales President he returned to Portland, OR, of the Bureau of Land Management; would go ahead unless they involved and held a timber summit. that President Clinton’s Forest Service places in which endangered species are Long after the completion of that wanted to do nothing else but that, and actually found, in which case, sub- summit came what is now known as to ignore environmental laws from one stitute lands will take their place. option 9, an option which the President end of this country to another. It is as- Our option 9 provision, I repeat, Mr. stated met all of the environmental tounding, Mr. President, that the ad- President, simply says that the Presi- laws in the United States which he was ministration itself does not wish help dent can keep the promises he made unwilling to change in any respect but in keeping its own commitments. some time ago, almost 2 years ago, also promised something more than 1 Now, both the amendment which is a under option 9 and not be subject to billion board feet of harvest of timber part of this bill and the substitute constant harassing lawsuits. That is all to the people of the Northwest—1 bil- amendment by the junior Senator from that it says. It does not require him to lion as against 5, or 20 percent of the Washington cover three distinct, sepa- get to the 1.1 billion board feet of har- historic level. rate but related subjects. vest that he promised, and he will not.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4876 CONGRESSIONAL RECORD — SENATE March 30, 1995 It does say that he can do what he vide relief for people who need relief. what Senator MURRAY has done is what wishes to do. Income for the Treasury of the United timber-dependent communities want, Now, the substitute amendment, in States will only come from rejecting especially the younger generations— each case, for all practical purposes, the substitute amendment and accept- long-term sustainability. People go makes dealing with this issue at the ing the bill in its present form. into this for the long term, not with level of Congress pointless. All of the Mr. LEAHY. Mr. President, will the the idea that every 10 months, or year, lawsuits will still be able to be Senator from Washington yield me 5 or 14 months we are going to suddenly brought, but perhaps we will actually minutes? change the rules of the game. find ourselves in a damaging situation. Mrs. MURRAY. I am happy to yield 5 So I urge my colleagues to support The Presiding Officer is from the minutes to the Senator. Senator MURRAY and abandon the ex- State of New Hampshire. I presume Mr. LEAHY. Mr. President, I thank treme approaches that failed us in the that some small portion of this salvage my good friend and distinguished Sen- past and removed any kind of public timber is in his State. But if this sub- ator from Washington [Mrs. MURRAY]. input from the process. Look at her stitute amendment passes, all of the Mr. President, this timber salvage long-term solution and adopt her personnel of the Forest Service from language in H.R. 1158—so people under- amendment. the rest of the United States will have stand the history, this represents the I am going to yield my time back to to go to Washington and Oregon in 12th time since 1984 this body would the Senator from Washington. order to meet the requirements of the vote to exempt timber sales from envi- Mr. BURNS addressed the Chair. substitute amendment, at the cost of ronmental laws; 12 times since 1984. The PRESIDING OFFICER. The Sen- every other region in the United Frankly, I find that disturbing. It ator from Washington controls the States. means that the American people are time. Now I would like to have that kind of going to be asked to believe that when Mrs. MURRAY. I assume the Senator service in my State, but I do not be- it comes to cutting national forests, from Washington, Senator GORTON, lieve it to be fair. I do not think we can somehow environmental laws do not will yield time to the Senator from say that we are the only ones who apply. These exemptions, which should Montana. under any circumstances should get have been, if at all, in emergency situa- Mr. GORTON. I yield 30 seconds to anything out of one of these amend- tion, instead are becoming routine and the Senator from Montana. ments. standard practice. It is not a short- Mr. BURNS. Mr. President, I rise The definition of what salvage timber term solution. I have to wonder how today to oppose the amendment offered is in the bill is the Forest Service’s long this will go on. To me the exemp- by Senator MURRAY of Washington. own definition. The definition in the tion from environmental law is an ex- This amendment severely weakens substitute amendment is a different treme position. The majority of the what this provision is intended to do— definition, one highly susceptible to American would not accept, nor should respond to our forest health emer- further litigation. they. The distinguished Senator from gency, restore our forests to health, The exceptions provided by the Idaho, Senator CRAIG, and I stream- and create jobs. This substitute amend- amendment of the Senator from Mon- lined the process in 1992. We are speak- ment is only a clever way to do noth- tana keeps this kind of salvage logging ing of public lands, and in public lands, ing. out of wilderness areas and certain every American has a right to express The committee-passed provision is other well-defined areas. The proposal his or her public interest. H.R. 1158 responsive to not only forest health, by the junior Senator from Washington takes away the opportunity to partici- but to the people who support their keeps them out of any area that is pate in public land management. I do families in the wood products industry. under consideration for inclusion in not see how the U.S. Senate can accept But this amendment is no more than the national wilderness preservation a provision that strips people of this status quo. And Montanans do not system. right and takes the right out of the want status quo. Mr. President, under that proposal, people’s hands and puts it solely into This substitute amendment does not one bill by one Member of the House of the hands of bureaucrats. This would streamline the process, limit the frivo- Representatives introduced to put the not create any more open government. lous appeals, or allow for salvage sales entire National Forest System in- In fact, this seals the same government to be expedited. Instead this amend- cluded in a wilderness preservation sys- agents off from public interest. ment forces agencies to consult with tem would stop any harvest anywhere. I respect the concerns of my fellow other agencies, and does nothing to cut It would be under consideration by colleagues from other timber States. through the environmental red tape Congress. What it does, in effect, is to Even though I am a tree farmer, that is and still allows for endless delays. give any of the 535 Members of Con- not my sole source of livelihood. I have It replaces the Forest Service defini- gress a veto power over the entire pro- talked with people in that area. It tion of ‘‘salvage timber sale,’’ which is posal. makes sense to address the problem, included in the committee’s bill, with a Mr. President, the issue in this case but with a sensible, responsible, mod- new definition. This definition doesn’t is clear. Do we care at all about people, erate solution that respects the true take into account overcrowded forests not just in the Pacific Northwest but interests of the American people and, which need to be thinned, and it forces all across the United States, who live in the long term, the apolitical needs the land managers to always consult in timber communities? Do we care of the forest resource. with biologists. about our supply of lumber and of I believe Senator MURRAY has pro- This amendment also eliminates the paper products? Or do we only care posed a fair solution. In fact, she inher- legal sufficiency language which is about the well-being of certain envi- ited this divisive timber issue when she needed in the preparation of sale docu- ronmental organizations and their law- was elected. She promised the people of ments. If we are truly serious about yers? Washington a responsible solution. I salvaging timber, we need to have suf- That is what we are debating with re- have discussed this with her since she ficiency language included, and we spect to this amendment. Do we want has come here. I believe that since her need to retain streamlined timeframes the President of the United States to election, she has helped put the timber to assure that the environmental probe able to keep his commitments, his industry on a reliable path that the cedure process is not abused. promises, however inadequate they timber industries can bank on. Currently, delays in Federal land are? Or do we have so little trust in In fact, with the work she has done, management arise primarily from two him that we believe that he will ignore there has been an increase of 400 jobs, sources—multiple analysis require- every environmental law and decide not a decrease in the lumber, paper, ments and administrative appeals and suddenly to cut down our national for- and allied wood products industry in judicial review. Without this suffi- ests? the State of Washington since her elec- ciency language, we will continue to Mr. President, that is not going to tion. She has an alternative that have lengthy delays which will sub- happen. The lawsuits will, under this moves toward long-term sustainability, stantially lead to the more dead and proposed substitute amendment, pro- not a quick fix. Above everything else, dying timber in our forests.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4877 Congress needs to act on the salvage solution, it tends to be wrong, too sim- I urge Members to support the Mur- issue. We have the authority to estab- plistic. It often tends to throw the ray amendment. I thank the Senator. lish the law, rather than leaving it to baby out with the bathwater. Mrs. MURRAY. Mr. President, I yield the judicial branch to declare what the I am very respectful of the under- such time as may be consumed to the law is. Yet, this amendment moves this lying concept that we are considering Senator from Arkansas, Senator BUMP- authority toward the courts. here. Mr. Gorton’s language attempts ERS. This amendment is worse than the to address some of the frustration we Mr. BUMPERS. Mr. President, I status quo. It requires the agencies to have in the Pacific Northwest about thank the distinguished Senator from jump through more holes than it al- the Forest Service’s inability to har- Washington for yielding to me. ready has to, and it makes some land vest salvage timber in a timely man- This is a very complex issue, and I currently available for harvest off lim- ner. understand both sides of it. I come its. It wouldn’t result in any more tim- I think if you look closely at the down on the side of the junior Senator ber salvaging activities. And most im- Gorton language in this bill, which is from Washington, because I think it is portantly, it will stop the creation of tailored after the so-called Taylor the correct side for the Nation. jobs in Montana. I strongly oppose this amendment in the House, you will see I think to go with the language of amendment. The wood products indus- that it goes too far. It rides roughshod Senator GORTON sets a very dangerous try comprises almost half of western over the statutes that this country de- precedent. Nobody argues with har- Montana’s economy, and this amend- mands be in place to protect water, vesting infested, burnt, salvaged tim- ment is not responsive to those folks wildlife, and to maintain the very in- ber. I am for that. Every Member of who make their living in this sector of tegrity of our national forests. this Senate is. The language of the our economy. For example, the Gorton language Gorton amendment says that the For- I just want to make one simple little says that ‘‘if any potential salvage sale est Service will harvest the maximum evaluation here about this conversa- is in the works by the Forest Serv- extent practical. tion. We have had the status quo long ice’’—not up for bid but going through Then it goes ahead to say we are enough. I know what the status quo is. the hoops—‘‘it is OK.’’ We will ignore going to suspend all environmental We do not salvage any, or we do not log environmental statutes in the interest laws including the Endangered Species any of our salvage lumber. It is finite. of saving a few weeks or months. We Act. This is called sufficiency language If it goes another year, it is not worth will ignore the public’s right to make saying, cut all you can possibly cut anything. That is what we are talking sure that their lands are being cared that is practicable, and do not worry about here. We are talking about areas for in a responsible manner. about the environmental laws or any that have been burned and areas that I ask for 2 additional minutes. other law. And do that in 1995 and 1996. are infested with disease. The lumber is Mrs. MURRAY. I yield 2 minutes. It is a dangerous precedent. If we go finite. Mr. BAUCUS. On the other hand, the with that, we do not know where we Everybody can stand around and grin Senator from Washington, Senator are headed. The pressures from the in- while people are not working and we MURRAY, is also attempting to address dustry on the Forest Service will be in- are not taking care of the forests like this problem. She has a different ap- tense. That is the reason the fishermen they should be managed. They think proach—an approach that balances in the Northwest are very upset and they are doing a great thing for Amer- competing uses and respects the need concerned about this. They are con- ica, when they are not doing anything to adhere to environmental laws. And cerned that excessive logging will hurt for America and are doing worse for the Murray amendment does not ignore the habitat of the salmon which is dis- the people who depend on public lands the underlying public interest in speed- appearing at an alarming rate. for their living. You are making your ing up the timber sale process. It car- I know the Senator from Oregon check; they are not. You think about ries a firm mandate to the Forest Serv- wants to provide jobs in those mills, that whenever you place this vote ice that salvage sales are a national and I want to help him but not by sus- today. priority. It eliminates many of the expending all environmental laws. I have Mrs. MURRAY. I yield 5 minutes to isting procedural hoops without sacri- a letter from the Pacific Coast Federa- the Senator from Montana, Senator ficing environmental protection. It tion of Fishermen’s Association, and BAUCUS. shortens the administrative review they adamantly oppose sufficiency lan- Mr. BAUCUS. Mr. President, how process by almost half, without sacri- guage. I would like to read an excerpt best to deal with the salvage timber ficing the rights of the public to have from their letter. issue is a matter of judgment. We in their voices heard. Plain and simple, We oppose the current Congressional effort the Pacific Northwest have seen a lot the Murray amendment directs the to approve ‘‘sufficiency language’’ or to man- of dead timber, caused both by forest Forest Service to move much more ex- date minimum timber harvest levels in the fires and by disease. And we are frus- peditiously. To get on with it. Northwest. However well meaning, these are We love our forests. It is a corner- nevertheless bad ideas. Sufficiency language trated by the Forest Service’s inability would simply override all current protec- to get some of this timber cut. We stone to the way we live in Montana. tions for salmon and other aquatic species. know it can be done responsibly, with And logging is critical for Montana. Mandatory timber harvest levels would es- minimal impacts to the environment, Salvage sales are critical. But so are sentially do the same. . . . The result would yet it just isn’t happening as quickly outfitters. Like the timber industry, only be additional degradation of already seas it should. our guides and outfitters stake their verely damaged salmon spawning habitat. The real question is: What is the best livelihoods on the national forests. That ought to weigh heavily with way to go about dealing with this prob- Folks come from around the world to somebody. It does with me. This is the lem? hunt and fish in Montana. The outfit- biggest fishing organization in the We have many competing values that ting industry is economically critical West. must be accounted for when we manage to our State, and it should be given Mr. President, finally, there is lan- our national forest land. One value is equal respect when management deci- guage in this bill, as I read it, that al- timber. But there are many other val- sions are made in our national forests. lows the Forest Service to reemploy ues that must be considered: wildlife; Unfortunately, the Gorton language people who have received a $25,000 maintaining the quality of our lakes is unbalanced. It goes way too far, and buyout. and streams; and recreation. does not consider other stakeholders in Mr. President, 3,000 Forest Service I remember not too long ago reading the national forest. The Murray employees, approximately, have taken a statement by H.L. Mencken, a former amendment is balanced. It recognizes their $25,000 under the Reinventing Baltimore Sun journalist. He said, that there are competing values at Government proposal and retired. ‘‘For every complicated problem, there stake. It recognizes that we can speed Now, here is an incomplete sentence, is a simple solution—and it is usually up salvage sales and create timber jobs but if I could have the attention of the wrong.’’ And he is right. In many cases, without jeopardizing those jobs that Senator from Oregon for a moment, where we face a complicated problem depend on our forests having clean riv- here is what the provision in the bill and somebody comes up with a simple ers and lakes, and abundant wildlife. says—the provisions of section 3D1 of

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4878 CONGRESSIONAL RECORD — SENATE March 30, 1995 the Federal Work Force Restructuring Mr. BUMPERS. Mr. President, I ask I The PRESIDING OFFICER. The Sen- Act of 1994: ‘‘Separation incentive pay- be permitted to continue for 2 addi- ator from Idaho is recognized for 4 min- ment authorized by such Act and ac- tional minutes without the time being utes and 40 seconds. cepts employment pursuant to this charged on the 1-hour allocation? Mr. CRAIG. Mr. President, I stand The PRESIDING OFFICER. Is there paragraph’’—now that is an incomplete today in support of the Gorton amend- objection? sentence. I do not have a clue as to ment as now amended; certainly in op- what this means. My impression of it is Mr. GORTON. Mr. President, I will position to the amendment of my col- that the Forest Service can take these not object if I can add 2 more minutes league, the junior Senator from the people who have just taken their to the time of Mr. CRAIG. State of Washington. $25,000 and retired and put them back Mr. BUMPERS. Fine. We just took to work in order to comply with this up some time here. A good many things have been said maximum extent practicable. The PRESIDING OFFICER. Without this afternoon about what these Does the Senator from Washington objection, it is so ordered. amendments do and do not do. What I agree with that? Mr. BUMPERS. Mr. President, I like really think is important for all of us Mr. GORTON. No. to think I do not have two better to understand is the state of the U.S. Mr. HATFIELD. No, I do not agree friends than the senior Senator from Forest Service and why we are engaged with that at all. Oregon and the senior Senator from in a debate this afternoon in attempt- Washington. They have helped me over Mr. BUMPERS. What does this sen- ing to bring about emergency measures the years on many issues of concern to tence mean? to deal with a very sick problem. Mr. HATFIELD. Let me just go back my State. However, I cannot support I use the word sick because the for- and put this in the context, if I could. them on this issue. ests of the inland West are sick. They First of all, every timber sale prepa- I will remind my colleagues that the are the product of 8 years of drought ration made by Jack Ward Thomas or Senator from Idaho, who is on the floor and decades of mismanagement that Secretary Babbitt are required to pre- right now, has introduced a forest pare those timber sales with existing health bill that was the subject of a have resulted in one of the largest fuel law in which the regulations on fish hearing by the Energy and Natural Re- buildups, acre by acre, ever in the his- are there in place. source Committee. In fact the bill will tory of the U.S. Forest Service. Those timber sales have to be pre- probably be marked up in the next few When fuel becomes dry and condi- pared within that conformity. The so- weeks. We should let the authorizing tions are right, and Mother Nature called sufficiency language takes place committee do its job. I can assure you comes along with thousands of light- that I will do everything I can to make after the fact in order to deliver the ning strikes, what happens is what sure that a responsible bill emerges timber sale that has been prepared happened in Idaho last summer and from that committee. I am not going under those restrictions. what happened in Colorado and Mon- to support something with sufficiency The Senator is absolutely wrong on tana and eastern Washington and east- this. language in it. If a responsible forest health bill ern Oregon and parts of northern Cali- Mr. BUMPERS. Here is what the first emerges from the Committee, I hope it fornia. Millions and millions of acres sentence of the paragraph says: will automatically supersede the Gor- burn, wildlife is destroyed—in the in- Sale preparation. The Secretary concerned ton amendment. What is the Senator stance of the infernos of last summer, shall make use of all available authority, in- 35 human beings lost their lives in an cluding the employment of private contrac- from Washington’s understanding of this matter? effort to stop these. This was not some- tors and the use of expedited fire contracting thing that just happened. This was not procedures, to prepare and advertise salvage Mr. GORTON addressed the Chair. timber sales under this section. The PRESIDING OFFICER. The Sen- just an ordinary circumstance. There are many who would like to argue this Following that, page 71 of the bill, ator from Washington. Mr. GORTON. Mr. President, I want is Mother Nature at her finest. Senator, following that is the incom- to answer the question but I do not plete sentence. If that is not right, I Let me suggest it was Mother Nature wish to use my time. still do not quite understand what it at her worst. But it was also Mother The PRESIDING OFFICER. Is the means, because it alludes to the $25,000 Nature who had been assisted for dec- Senator from Arkansas yielding to the buyout. ades by the mismanagement of a For- Senator from Washington? est Service, by allowing the buildup of Mr. HATFIELD. If the Senator will Mr. BUMPERS. I do not want to a phenomenal fuel structure, of timber yield for just a moment, let us go back yield on my time. and take the precedent of section 318. Mr. President, I will close by saying across these lands that had not been Because the same arguments, the same one of the things I think the country is properly managed or thinned or al- invalid arguments are being used today concerned about, about what is going lowed to be like they were before man that were used then. on right now—they wanted change. came along with the tremendous abil- Let me quote. We went through that They wanted regulatory reform. But ity to put out fire. whole process underlying laws of they do not want to throw the baby out In my State of Idaho before my an- NEPA, the National Forest Manage- with the bath water. cestors came along there were approxi- ment Practice Act, and then we de- I have seen that old expression: If mately 25 to 30 trees per acre. Today clared sufficiency. The Supreme Court you think education is expensive, try there are hundreds of trees per acre. ruled. ignorance. If you think the environ- And as a result of that, there are a mil- Mr. BUMPERS. Can the Senator con- mental laws of this country are too lion less acres of them and a couple of tinue this on his time? tough—and sometimes they can be billion less board feet of them, because Mr. GORTON. I can answer the spe- very frustrating, try living without they went up in an inferno last sum- cific question. The version has been them and see the kind of damage that mer. So what we are trying to tell Sen- corrected. The sentence is complete in will be inflicted on our environment. ators here this afternoon is that we the bill that is before us, and it simply The Gorton amendment goes too far. I have a very sick patient. That patient says that someone who has been simply cannot support it and urge my is called the U.S. public forests of this brought out of the Forest Service and colleagues to support the amendment country, especially in the inland West. paid, say $25,000, can be hired back by Senator MURRAY. temporarily for this purpose without I thank the Senator for yielding. For those who counsel comity, and losing the $25,000. The PRESIDING OFFICER. Who for those who counsel slowness and Mr. BUMPERS. But only tempo- seeks recognition? process and procedure and time and let rarily? The Senator from Washington con- us work this out, let me suggest when Mr. GORTON. Yes. trols the time. you have somebody in the emergency Mr. BUMPERS. That is the Senator’s Mr. GORTON. Mr. President, I yield room and the life support systems are understanding? the remainder of my time to the Sen- attached and the heartbeat is very Mr. GORTON. Yes. ator from Idaho. faint, you do not counsel long-term

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4879 strategy. You counsel short-term, im- Let me use this display to illustrate smokejumpers have disgraced them- mediate, emergency relief to resolve the rapid loss of value of trees burned selves. some of the problem while you then in wildfire: However, this incident illustrates look at the long term down the road to perfectly why this salvage amendment see if you cannot make it better. PONDEROSA PINE VALUE is so necessary. As the process stands now, activists of every stripe find it The Senator from Arkansas just a 6 months after fire 21⁄2 years after fire few moments ago spoke to the forest easy to be obstructionists using ap- $725/MBF lumber $0 peals, threats, intimidations and false health bill I introduced a couple of $70/ton chips $0 weeks ago in the forestry sub- accusations in the media to slow down committee of the Energy and Natural Six months have now passed since or stop the agencies’ salvage efforts. It Resources Committee. That is the the 1994 fires in Idaho. It is estimated is past time for Congress to step in and long-term approach. That is what we that 2 billion board feet of timber clear a procedural path which the agen- ought to be doing, by allowing the For- burned in those fires. Since there are cies can use to make responsible sal- est Service to manage critical situa- mixed species involved, let us estimate vage decisions and carry them out. tions, be it fires or bug kill or a nat- that the value of that timber today is That is what this salvage provision will ural environment that has created this $200 per thousand board feet on aver- do, and that’s why it must remain in tremendous problem that exists in the age. That means it is worth $400 mil- this rescission legislation. West. lion to the taxpayers today, maybe $200 I compliment Senator GORTON and But in the short term, with billions million 1 year from now, and prac- Senator HATFIELD for providing leader- of board feet of timber at stake and wa- tically nothing a year beyond that. ship on this issue. And the Senator tersheds and wildlife habitat and try- And let’s not forget that 25 percent of from Montana for his amendment. ing to avoid a cataclysmic situation of this revenue will be returned to local I ask unanimous consent letters to massive runoffs in the next couple of counties. In my State of Idaho, Sho- me on this subject be printed in the years that could result in the loss of shone County officials have watched RECORD. fisheries, in the loss of water quality their budget drop sharply as a result of There being no objection, the letters and stream quality, we need emergency the lack of national forest timber were ordered to be printed in the measures now that protect the environ- sales. They are desperate for some so- RECORD, as follows: ment. lutions to this situation. They are POTLATCH CORP., What is the offshoot? Well, the off- among the many who have pointed out Lewiston, ID, March 28, 1995. shoot is some timber and some thou- the absurd situation of no timber sales Senator LARRY CRAIG, being offered while dead forests U.S. Senate, Washington, DC. sands of jobs and a few hundreds of mil- DEAR SENATOR CRAIG: I am writing to ask lions of dollars that might come to the abound. Let me make another point. The for- for your continuing strong support for the Treasury of this country. That is not Emergency Timber Salvage Amendment to est fires we are witnessing are not nor- the first goal. That is the latter goal. the Omnibus Recissions Bill. That is the fallout. That is the receipt mal and they are not beneficial to the As you know, more than 600,000 acres of from what we are trying to do here this environment. They destroy fish and Idaho National Forests burned last summer. afternoon. wildlife habitat and can result in hy- The fires resulted from years of drought drophobic soils. Hydrophobic soils will combined with years of mismanagement al- Here is what we faced in Idaho and not percolate water and will cause lowing overstocked, diseased and dying tim- across the West last summer. This is rainwater to run off the surface in tor- ber stands to go untreated until finally fire not normal. This is one of the hottest rents. reset the ecological clock. fires ever recorded in the history of our We can no longer accept the cost of Nationwide, the federal government spent environment. It destroyed the soil over $900 million fighting forest fires on 4 fighting these first. Cost to Federal million acres with lives lost, private prop- structure. It created an unnatural agencies alone was $1 billion last year. problem. erty destroyed and fragile wildlife and plant It makes sense to promote revenues to species put at risk. Today we are taking one small step Federal, State, and county coffers This bill is a common-sense approach for back toward a process and procedure through timely salvage rather than quickly salvaging burned timber which will that allows Mother Nature, cooper- bear the increasing burden of wildfire be converted to useful products for American ating with human beings, to make a suppression costs. families supporting rural economies in the better environment and in the long I am sorry to report that yesterday process. Opponents claim that all environmental term solve a problem that now per- was a sad day for the community of plexes the intermountain West and cre- laws are being by-passed. This is simply not smokejumpers around this Nation. In- true. The Amendment streamlines some of ates a cataclysmic environment that stead of meeting with me as I re- the time-consuming requirements of those could go on for a long time. quested, a group of five smokejumpers laws in order to ensure timely action. But Let us deal with the emergency prob- rushed to meet with press to impugn environmental assessments and biological lem now as this bill does. Let us deal the integrity of those of us who support reviews still must be done, and the Secretary with the long term, with quantitative some measure of salvage logging. Their of Agriculture still can veto any proposed and qualitative changes of the public statements about salvage logging are sale. You and I know this is an emergency and law that allow the proper management filled with inaccuracies. Until now, of the U.S. Forest Service. that salvage efforts must begin immediately smokejumpers have enjoyed a good to minimize values lost from rapidly deterio- Mr. President, a strong 2-year sal- deal of reverence and support in the rating burned timber. The environmental vage amendment is absolutely nec- Congress. Now, the reputation of all safeguards are sufficient and the costs of essary to work hand-in-hand with your smokejumpers has been called into delay are too great. longer-term forest health bill, S. 391. question by the conduct of these five I hope you agree and will support the Sal- Salvage and restoration of the 4 mil- from within their ranks. vage Amendment. Please feel free to contact lion acres of 1994 fire-burned areas Under the tutelage of preservation me if you have any questions about the Amendment or its impacts. must be started immediately. Without discontents, these jumpers have be- Sincerely, this salvage language, it will not hap- come self-pronounced forest policy ex- KEVIN C. BOLING, pen. Those in opposition will employ perts. Their tactic was, first, make a Director Public Affairs, every effort to delay, confuse and de- splash in the press, and then meet with Northwest Region. rail the agencies’ attempts to conduct their elected representatives to discuss responsible salvage activities. the facts. It seems they are attempting CROWN PACIFIC INLAND, Last year’s fires burned 4 billion to characterize me as using the deaths March 27, 1995. board-feet of timber. If done quickly, of 35 firefighters in 1994 fires as a Senator LARRY CRAIG, U.S. Senate, Washington, DC. means to promote salvage logging. I much of this timber can be salvaged at DEAR SENATOR CRAIG: I am writing to ask considerable return to the Federal am incensed at this insinuation. Such your support for the Emergency Timber Sal- Treasury. But, the value of standing, personal attacks have no place in the vage Amendment to the Omnibus Recissions burned trees deteriorates rapidly. debate over this issue. These Bill.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4880 CONGRESSIONAL RECORD — SENATE March 30, 1995 Last summer, more than four million acres Company/Branch: U.S. SENATE. ment it. However, they should not be forced of forests burned, largely because of buildups Facsimile From: Barbara Huguenin. by law to move faster than they can com- of dead and dying timber. Over $1 billion was Message: The Salvage levels and account- plete the necessary environmental assess- spent to control those fires, and several lives ability need to be the same as the recently ments and watershed analyses so they can were lost in the process. approved House version (Taylor-Dicks take the proper steps to protect fragile salm- The amendment would allow the Forest amendment). on and other aquatic resources. The solution Service to recover some of the fire-damaged The PRESIDING OFFICER. The Sen- is not ‘‘sufficiency language,’’ nor is it man- trees, and dying timber elsewhere, through ator from Washington has 2 minutes. dated levels. The real solution would be to emergency salvage sales. No new money is Mrs. MURRAY. Mr. President, I ask accelerate funding to the USFS and BLM to needed to do this; it’s already contained in enable them to more quickly complete the the agency’s salvage trust fund. unanimous consent that Senator necessary watershed analyses for their own As a bonus, the amendment would return LEAHY be added as an original cospon- planned salvage and harvest programs. millions of dollars to the Treasury, provide sor. Sufficiency language and mandated har- jobs for forest service workers, and give fed- The PRESIDING OFFICER. Without vest levels are simply bad ideas. If enacted, eral foresters the ability to convert dead, objection, it is so ordered. they would further deplete salmon and other dying and burned forests into healthy young Mrs. MURRAY. I ask unanimous con- aquatic resources which it is vitally impor- forests in order to stabilize soils, protect sent a letter submitted to the Members tant to protect. They would also further dev- streams, reduce the risk of catastrophic fire, of Congress from the Pacific Coast Fed- astate fishing economies throughout the re- and develop habitat for wildlife. eration of Fishermen’s Associations be gion. They would throw our industry further Opponents claim that all environmental into economic chaos. They would make it laws are being by-passed. This is simply not printed in the RECORD. just that much tougher, and just that much true. The amendment cases some of the There being no objection, the letter more expensive, to restore the Northwest’s time-consuming requirements of those laws was ordered to be printed in the valuable salmon runs back to full produc- in order to ensure timely action. But envi- RECORD, as follows: tivity. ronmental assessments and biological re- PACIFIC COAST FEDERATION We urge you to oppose every attempt to views still must be done, and the Secretary OF FISHERMEN’S ASSOCIATIONS, impose ‘‘sufficiency language’’ to override of Agriculture still can veto any proposed March 13, 1995. current environmental protections as well as sale. Re fishing industry groups oppose ‘‘sufficient the setting of mandatory harvest or salvage Remember we are dealing with an emer- language’’ and mandated timber har- levels on our nation’s forests—whether by gency. Salvage work has to begin imme- vests. appropriations rider, amendment or separate diately to gain value from already-burned Members of Congress, legislation. Thank you. timber and to remove dead and dying timber Sincerely, before it is consumed in this year’s Capitol Hill, Washington, DC. ZEKE GRADER, firestorms. I believe environmental safe- Executive Director, guards are sufficient, and the costs of delay DEAR MEMBER OF CONGRESS: The Pacific Coast Federation of Fishermen’s Associa- Pacific Coast Federation of Fishermen’s are too great. Associations. I hope you agree and will support the sal- tions (PCFFA) is the largest organization of commercial fishermen on the west coast, LIZ HAMILTON, vage amendment. Please feel free to contact Executive Director, me if you have any questions about the with member organizations from San Diego to Alaska. We represent working men and Northwest Sportfishing Industry Asso- amendment or its impacts. ciation (NSIA). Sincerely, women of the Pacific fishing fleet who gen- LARRY ISENBERG, erate tens of thousands of jobs and are the Mrs. MURRAY. I yield the remaining Manager Timber & Lands. economic mainstay of many coastal commu- time to the Senator from New Jersey. nities throughout the Pacific coast region. Mr. BRADLEY. Mr. President, I am LEWISTON, ID. We are joined in this letter by the Northwest very disturbed by the content of the Sportfishing Industry Association (NSIA), Senator LARRY E. CRAIG, amendment of the senior Senator of DEAR SENATOR CRAIG: I just received a no- which represents the many sportfishing businesses in the Northwest. There are more the State of Washington. The language tice that said that efforts were being made of this amendment would allow the to weaken the language on fire killed timber than 5,000 such businesses in this region, salvage. As you already know, we here in with several thousand more in Alaska. Be- suspension of all environmental laws Idaho have been plagued by punishing tween our two organizations we represent applicable to logging on certain forests droughts for the last several years. Most several billion dollars annually in economic managed by the U.S. Forest Service likely this drought condition has been the productivity, and more than 100,000 jobs and the BLM—all environmental laws. major cause of the fires we had last year. We along the Pacific coast as well as far inland. This language would cover any tim- need to salvage and use all the timber we We oppose the current Congressional effort ber offered through September 1996, in can. Punishing us further does not make any to approve ‘‘sufficiency language’’ or to mandate minimum timber harvest levels in the a salvage sale, a term that is so broad- sense. ly defined as to apply virtually to any The salvage levels and accountability need Northwest. However well meaning, these are to be the same as the recently approved nevertheless bad ideas. Sufficiency language kind of timber sale. House version (Taylor-Dicks Amendment). would simply override all current protec- The language of the bill says: Very truly yours, tions for salmon and other aquatic species. A salvage timber sale means a timber sale SUE KNOLL. Mandatory timber harvest levels would es- for which an important reason for entry in- sentially do the same, since many levels cludes removal of diseased, damaged trees or BOISE CASCADE, could not be reached without severe damage trees affected by fire and imminently suscep- TIMBER AND WOOD PRODUCTS DIVISION, to other resources. The result would only be tible to fire or insect attack. Emmett, ID, March 27, 1995. additional degradation of already severely damaged salmon spawning habitat, more Mr. President, as I read this amend- Hon. LARRY CRAIG, ment, that language means to limit U.S. Senate, Washington, DC. economic dislocation within fishing commu- DEAR SENATOR CRAIG: This letter is to nities, and more lost jobs in our industry. salvage timber sales to areas where the thank you for your continued support of the Salmon throughout the region have already trees are still made of wood; all wood Emergency Timber Salvage Amendment to been severely depressed because of past tim- would be susceptible to insect or fire. the Omnibus Rescissions Bill. ber harvests done without regard to their en- Therefore, all would be included in this Salvage made available under this amend- vironmental consequences. This region can- amendment, and environmental laws ment will help maintain jobs in the local not afford to go down that road once again. for the logging of such timber would be We also are a natural resource dependent communities where we operate, while pro- not relevant. viding funds for reforestation and payments industry. We are sympathetic to the plight to counties. of timber communities, and are not opposed So, Mr. President, I hope that we will Your efforts on this issue are greatly ap- to harvesting timber through the existing support the amendment of the Senator preciated. Forest Plan or in ways that are legal under from Washington. I think she has Sincerely, current law. However, it makes no economic taken a politically difficult and dan- DAVE VAN DE GRAAFF, sense to harvest timber on the backs of fish- gerous course, and has done so on the Region Timberlands Manager. ermen and at the expense of the jobs and stand of principle and in a way that coastal communities which salmon support. does not savage the environmental law. This would be a form of economic suicide for SCHWEITZER MOUNTAIN RESORT, I salute her for doing this. Sandpoint, ID. the region. Date: March 29, 1995. Federal management agencies already Sometimes in haste, in an effort to Fax No: 202–226–2573. have an aggressive fire salvage program, and respond to what is a crisis, we make Facsimile To: Sen. Larry Craig. all the legal authority they need to imple- big mistakes. This should not even be

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4881 on an appropriations bill. It should be sources through disease, insect infesta- When the Northwest timber com- in the authorizing committee. It is not. tion and fire is preferable to having the promise was developed in 1989, I took It is the wrong piece of legislation on health of these forests restored for fu- the promises of my colleagues to ad- the wrong bill at the wrong time, and ture generations. dress our Nation’s long-term forest it should be rejected because it sets an The radical doctrine of no use, which management laws very seriously, and I incredibly dangerous precedent. certain groups are now advocating, not was determined to do my part to ad- Mr. HATFIELD. Mr. President, in my only threatens the future health of our dress this growing dilemma. In 1990, I State, and throughout most of our Fed- forests, it threatens the underlying introduced legislation, called the Na- eral forest nationwide, we are experi- base of political support for one of our tional Forest Plan Implementation encing a forest health crisis of epic pro- Nation’s most important environ- Act, to assist with the implementation portions. In 1994, 80 years of fire sup- mental laws—the Endangered Species of forest plans developed as a result of pression and almost a decade of Act. the 10-year planning processes enacted drought conditions culminated in one I was the original sponsor of the 1972 by Congress in 1976. Two years later, of the worst national fire seasons on version of the bill which eventually another comprehensive bill was intro- record. Thirty-three fire fighters lost went on to become the Endangered duced by Senator Adams to address the their lives and $900 million was spent Species Act. I believe the act epito- long-term issue. Both of these meas- fighting these fires. Fourteen of the mizes the respect we, as a nation, hold ures were referred to the Senate Agri- fire fighters who died were from for our environment and our natural culture Committee where no hearings Prineville, OR, a small town in my surroundings. While I have made it were held and they died in committee. home State. Congress must act swiftly clear that I believe some fine tuning of The next year, in 1991, I was a pri- to address this situation or face a 1995 the act needs to occur during the up- mary cosponsor of Senator PACKWOOD’S fire season as bad or worse than 1994. coming reauthorization debate, I worry Forest and Families Protection Act, Congress has known about the forest that when moderate positions, such as which dealt with a number of the same health and fire danger problem for a the one put forth in the Gorton amend- issues as my 1990 bill and also ad- long time. In July 1992, the Senate En- ment, become polarized, fodder is given dressed the issues of rural development ergy and Natural Resources Committee to those whose goal is to abolish or gut and workers. This legislation was re- held a hearing on forest health. At this the act. I will do my best to prevent ferred to the Senate Energy and Nat- hearing, Jack Ward Thomas, then a re- this from happening, but the position ural Resources Committee, of which I searcher and now Chief of the Forest of some groups on this salvage amend- am a member, where we were able to Service, stated ‘‘we should proceed ment simply perpetuates the attitude hold several hearings and a markup on with salvage as soon as possible, and as that all environmental laws, including the bill. Unfortunately, the bill never carefully as possible.’’ In fact, at that the ESA, have gone too far and need to made it to the floor for consideration. 1992 hearing, the Forest Service identi- be significantly altered or scrapped. My point is, Mr. President, many of fied 850 million board feet of timber in These concerns are merely symptoms us have undertaken significant efforts eastern Oregon and Washington alone of a larger problem—the breakdown of to live up to the commitments of 1989 that needed to be salvaged in 1992 and our Nation’s land management laws. to address the long-term management 1993. Only half of that volume, how- The result of this breakdown is a prob- of our forest resources through the au- ever, has been actually salvaged. lem of national significance with little thorizing committees. Unfortunately The forest health crisis exists nation- ability in the law for land managers to for the entire Nation, the other Senate wide, but in my State it is particularly take care of the problem in a timely authorizing committees with jurisdic- acute. Of the 5 million acres of Or- manner. tion over this issue have not felt com- egon’s Blue Mountains, 50 to 75 percent Unfortunately, for those of us who pelled to do the same. contains predominantly dead or dying have been around a while, this situa- The Gorton amendment to the rescis- trees. According to the Forest Service, tion is all too familiar. sion bill begins to address this problem the land management practices of the Almost 6 years ago, I stood here on by doing three things to address the past 80 or 100 years are the primary the floor with my colleagues from the emergency situation that now exists in reasons for the poor health of Oregon’s, Pacific Northwest, the Senate Appro- many forests. The first is national in and the Nation’s, forests. Fire suppres- priations Committee and the Senate scope and provides our Federal land sion, the single largest contributing authorizing committees to announce a management agencies with the flexi- factor, has prevented naturally occur- temporary solution to a crisis in the bility to conduct environmentally sen- ring, low-intensity fires to clear out Pacific Northwest. This compromise sitive forest health/salvage activities. the understory of forest stands. This was sponsored by myself and then-Sen- These activities will be done using the has allowed less-resilient, shade toler- ator Adams from Washington State, agencies’ own standards and guidelines ant tree species such as white fir, and and was supported by every member of for forest and wildlife management. Douglas fir, to flourish. These trees the Pacific Northwest delegation. It Second, the Gorton amendment re- have been prime targets for disease, in- was truly an extraordinary measure, leases 375 million board feet of timber sect infestation, and now wildfire. meant to address an extraordinary sit- sales in western Oregon that were pre- It is time to begin the healing proc- uation. viously sold to timber purchasers. Most ess in our forests that Jack Ward Recognizing the temporary nature of of these sales, originally authorized by Thomas felt was so important 3 years this solution, many Members of Con- the Northwest timber compromise ago. Congress can live up to its respon- gress believed that larger issues amendment of 1989, were determined by sibility to provide direction to the land loomed and needed to be addressed. the record of decision for President management agencies by passing the Namely, that the forest management Clinton’s option 9 plan not to jeop- Gorton salvage amendment. and planning laws, originally enacted ardize the existence of any species. To As many of my colleagues know, salin 1976, were in serious need of revision. ensure further protections, the Gorton vage logging is not without con- During the course of the debate on the amendment includes provisions prohib- troversy. Although it is part of regular Hatfield-Adams amendment I entered iting activities in timber sale units Forest Service practice, some seek now into a colloquy with then-chairman of which contain any nesting threatened to block the salvage of diseased and the Senate Agriculture Committee, or endangered species. bug infested timber as a land manage- Senator LEAHY, to proclaim the tem- Finally, the Gorton amendment gives ment option. To put their position in porary nature of the amendment and the Clinton administration more tools perspective, these same voices have announce our intentions to pursue a with which to implement timber sales publicly stated that their preferred long-term solution through the review in the geographic area covered by its goal is to eliminate the harvesting of and revision of our Nation’s forest option 9 plan. As a vocal critic of op- any and all trees from Federal lands— management laws in the authorizing tion 9 and the process that was used to even for the enhancement of forest committees. develop it, I have some concerns about health. This dogma is so stringent that Six years later, however, our forest this section of the Gorton amendment. the catastrophic loss of our natural re- management laws are unchanged. Nevertheless, I applaud the sponsor’s

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4882 CONGRESSIONAL RECORD — SENATE March 30, 1995 efforts to give the administration all Mr. LOTT. I announce that the Sen- test. The loss can never be repaired. possible tools to meet its promises to ator from North Carolina [Mr. FAIR- But they are working together to use get wood to the mills of the Pacific CLOTH] is necessarily absent. this tragedy to make our State of Mon- Northwest in the next 18 months. I also announce that the Senator tana, and all of America more sensitive While the first portion of the Gorton from Kansas [Mrs. KASSEBAUM] and the to and aware of the violence that has amendment is national in scope, these Senator from Minnesota [Mr. GRAMS] hurt so many of our youth. They have last two sections will assist the Presi- are absent due to a death in the family. a spent a year teaching, learning, and dent in meeting his commitments to The PRESIDING OFFICER. Are there doing their best to make sure no other the workers, families, and environment any other Senators in the Chamber family suffers such a loss. of both western and eastern Oregon and who desire to vote? Washington. The result was announced—yeas 48, It is now my great privilege to read I came to the floor in 1989 to offer the nays 46, as follows: to you a statement written by the Bul- Northwest timber compromise because [Rollcall Vote No. 121 Leg.] lock family in memory of their son, Jeremy. we were witnessing what was then a YEAS—48 There is nothing more infectious than a crisis for the rural communities of my Abraham Gorton Murkowski State. Since that time, 213 mills have Ashcroft Gramm Nickles child’s laugh. closed in Oregon and Washington and Bennett Grassley Packwood Nothing more disarming than the innocence over 21,800 workers have lost their for- Bond Gregg Pressler of a child’s question. Brown Hatch Reid What fills the void when our children’s estry-related jobs. In addition, the for- Burns Hatfield Santorum voices can no longer be heard? ests in the eastern half of these two Campbell Helms Shelby States are in the worst health in a hun- Coats Hutchison Simpson On April 12, 1994, Jeremy and Joshua, Cochran Inhofe Smith eleven-year-old-identical twins, woke, dred years. Coverdell Kempthorne Snowe These national forests and commu- Craig Kyl Specter dressed, had breakfast and left for nities cannot wait through another fire D’Amato Lott Stevens school that day, the same as any other season like 1994 for Congress to finally DeWine Lugar Thomas day. It was library day, so Jeremy’s Dole Mack Thompson meet its commitments to rewrite the Domenici McCain Thurmond backpack was heavy with books he had Nation’s forest management laws. I Frist McConnell Warner read and was returning. have every confidence that the new Re- NAYS—46 Weeks later, a police officer worked publican Congress will do its best to Akaka Feinstein Lieberman up the courage to give Jeremy’s family meet that challenge, but the Gorton Baucus Ford Mikulski that backpack. He had tried to scrub amendment is necessary to help us Biden Glenn Moseley-Braun the blood from the canvas, trying to bridge that gap. It is a much needed Bingaman Harkin Moynihan ease the pain in the only way he knew piece of legislation for our Nation’s for- Boxer Heflin Murray Bradley Hollings how. For on April 12, 1994, eleven-year- ests and timber dependent commu- Nunn Breaux Inouye Pell old Jeremy was shot and killed at his nities. Bryan Jeffords Pryor Bumpers Johnston school by a child whose only expla- There are those whose agenda is to Robb Byrd Kennedy Rockefeller nation was ‘‘No one loves me.’’ prevent people from managing our for- Chafee Kerrey Roth ests altogether. They would rather let Cohen Kerry Jeremy Michael Seidlitz Bullock our dead and dying forests burn by cat- Daschle Kohl Sarbanes lived in a home in Montana where vio- Simon astrophic fire, endangering human life Dodd Lautenberg lence was not condoned. He was not al- Exon Leahy Wellstone and long-term forest health, than har- Feingold Levin lowed to watch violence on television vest them to promote stability in nat- or play games glamorizing violence. In- NOT VOTING—6 ural forest ecosystems and commu- stead, he was active in sports. Jeremy nities dependent on a supply of timber Conrad Faircloth Grams Dorgan Graham Kassebaum loved to sing. He listed his hobby as from Federal lands. The Gorton amend- getting good grades. School was his ment says we can be reasonable in So the motion was agreed to. second home, a place where children what we do in the forests and harvest Mr. GORTON. Mr. President, I move laughed and learned. to reconsider the vote by which the trees for many uses—forest health, Jeremy wanted to become a teacher community stabilization, ecosystem motion was agreed to. Mr. DOLE. I move to lay that motion or an environmental engineer. Jeremy restoration, and jobs for our workers. and his brother Josh would spend hours I urge my colleagues to support the on the table. on hikes, coming home with their Gorton amendment to the fiscal year The motion to lay on the table was pockets overflowing with garbage they 1995 rescissions bill. agreed to. Mr. BAUCUS addressed the Chair. The PRESIDING OFFICER (Mr. BEN- picked up along the way. Jeremy be- The PRESIDING OFFICER. The Sen- NETT). All time has expired. lieved that leaving places he visited Mrs. MURRAY. Mr. President, I ask ator from Montana. better than the way he found them was for the yeas and nays. f a good way to live. Mr. GORTON addressed the Chair. HONORING JEREMY BULLOCK Jeremy loved and was deeply loved. The PRESIDING OFFICER. The Sen- Yet, he was not safe because collec- ator from Washington. Mr. BAUCUS. Mr. President, I would like to welcome some special friends to tively we allowed Jeremy’s voice to be Mr. GORTON. I move to table the silenced. Murray amendment, and I ask for the Washington today. They are Penny yeas and nays. Copps of Butte, and Penny’s son, Steve Every day in America the voices of 10 The PRESIDING OFFICER. Is there a Bullock, late of Montana and now liv- of our children are silenced by violent sufficient second? ing here in Washington, DC. acts. Over three million of our children There is a sufficient second. Just about a year ago, the entire Bul- ages 3 to 17 are exposed to parental vio- The question is on agreeing to the lock family weathered about the worst lence every year. Our children will wit- motion of the Senator from Wash- blow any family can take. ness over 200,000 acts of violence on tel- ington to lay on the table the amend- Eleven-year-old Jeremy Bullock—the evision by the time they turn 18. A new ment of the Senator from Washington grandson of Penny and her husband handgun is manufactured every 20 sec- [Mrs. MURRAY]. On this question, the Jack; Steve’s nephew; the son of Bill onds in America. And many of them yeas and nays have been ordered, and and Robin; Joshua’s twin; the elder wind up in the wrong hands. the clerk will call the roll. brother of Sam, Max and now Kaitlyn— We passively listen and accept the The legislative clerk called the roll. was shot and killed, on the playground Mr. FORD. I announce that the Sen- at the Margaret Leary Elementary statistics, but do we listen for the voices lost? ator from North Dakota [Mr.CONRAD], School, by an emotionally troubled the Senator from North Dakota [Mr. fourth grader. On behalf of Jeremy’s family and DORGAN] and the Senator from Florida The family and the whole Butte com- children everywhere, we will designate [Mr. GRAHAM] are necessarily absent. munity, has been through a terrible April 12 as a day of remembrance of

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4883 Jeremy and dedicate ourselves to cre- going to offer your amendment at this family farmer to understand what four ating a safe world for all of our chil- point but just to make a statement? different Federal agencies want him to dren. Mr. GRASSLEY. It has been accept- do in regard to wetlands on his private We dedicate ourselves to taking that ed, and I want to offer it. property. walk with Jeremy, and accepting his Mr. HATFIELD. It is noncontrover- Last year, these agencies entered simple challenge: Are we leaving this sial. into a memorandum of agreement. Al- place that we visit better than the way Mr. DODD. I have no objection. though the MOA was intended to we found it? The PRESIDING OFFICER. The Sen- streamline the regulatory process and Our children need not lose their ator from Iowa. clarify the role of each agency, it has voices while we stand by, overwhelmed AMENDMENT NO. 430 TO AMENDMENT NO. 420 increased the level of confusion and by the magnitude of the problem. (Purpose: To prohibit the use of funds by the frustration among those farmers af- There is much we can do. We can tell Secretary of Agriculture to delineate new fected by it. the media we will not be consumers of agricultural wetlands, except under certain glorified violence. We can direct our circumstances) The delineation of wetlands on agri- children toward nonviolent entertain- Mr. GRASSLEY. Mr. President, on cultural land has been a confusing proposition for some time. On the ment and help them find acceptable behalf of Senator DORGAN and myself, I ways to express anger and resolve con- send an amendment to the desk and other hand, the consequences of the de- flict. we can extend the boundaries of ask for its immediate consideration. lineations are very clear. A farmer who our families to include caring about The PRESIDING OFFICER. The alters a wetland without authorization and caring for the children of our com- clerk will report. from the Federal Government faces po- munity. The legislative clerk read as follows: tential civil penalties, criminal action, and loss of farm programs benefits. Be- And when we become discouraged, we The Senator from Iowa [Mr. GRASSLEY], for must rededicate ourselves by straining himself and Mr. DORGAN, proposes an amend- cause the stakes are so high, we must our ears, to hear the empty void left ment numbered 430. ensure that the delineation process is behind. Listen for the voice of eleven- Mr. GRASSLEY. Mr. President, I ask accurate and reasonable. And we must year-old Jeremy Bullock, and listen for unanimous consent that the reading of ensure that the voice of the farmer is the voices of others that have been si- the amendment be dispensed with. allowed to be heard when the process is lenced. For the pain in remembering is The PRESIDING OFFICER. Without put into place. little compared to the pain in realizing objection, it is so ordered. As I speak, new wetland delineations that others may soon forget. The amendment is as follows: are being conducted in the State of Mr. President, April 12 is the first an- At the appropriate place, insert the fol- Iowa pursuant to the MOA. It will soon niversary of this tragedy. And on that lowing: cover every other State affected by ag- day, the Bullocks will join the Mar- SEC. . PROHIBITION ON USE OF FUNDS TO DE- ricultural wetlands. So farmers in all garet Leary School and the whole LINEATE NEW AGRICULTURAL WET- States will soon be deprived of the Butte family in dedicating a soccer LANDS. right to farm their land or improve (a) IN GENERAL.—Except as provided in field to the memory of Jeremy Bul- subsection (b), during the period beginning their property because a Federal bu- lock. on the date of enactment of this Act and reaucrat decides that such activity Every so often, people in Wash- ending on December 31, 1995, none of the interferes with a protected wetland. ington—and, I suppose, people any- funds made available by this or any other This process is being done in a lab- where—lose sight of what really Act may be used by the Secretary of Agri- oratory, by people unknown to the counts. We get wrapped up in policy ar- culture to delineate wetlands for the purpose farmers, who take soil surveys and aer- of certification under section 1222(a) of the guments, debates over bills and so on. ial photography and try to find evi- People like the Bullocks can remind us Food Security Act of 1985 (16 U.S.C. 3822(a)). (b) EXCEPTION.—Subsection (a) shall not dence of wetlands, in order to get more of what is truly important—our fami- apply to land if the owner or operator of the farmers under their regulatory um- lies, our communities, our children. land requests a determination as to whether brella. This process disturbs me great- I hope all of us—here on the floor, up the land is considered a wetland under sub- ly. in the galleries, watching on C–SPAN— title C of title XII of the Food Security Act The old Soil Conservation Service will listen to this courageous family. of 1985 (16 U.S.C. 3821 et seq.) or any other Mr. President, I yield the floor. provision of law. worked alongside farmers for the past 60 or 70 years. There was a close rela- Mr. GRASSLEY. Mr. President, my f tionship between the farmer and SCS amendment prohibits the Secretary of EMERGENCY SUPPLEMENTAL officials. They shared a common goal Agriculture from expending funds to APPROPRIATIONS ACT of promoting conservation of the land. continue the wetland certification and That sort of cooperation has resulted The Senate continued with the con- delineation process on agricultural in more benefit to the environment sideration of the bill. land, unless requested by the land- than any other USDA program. But I Mr. GRASSLEY addressed the Chair. owner. am afraid that this cooperative spirit The PRESIDING OFFICER. The Sen- It is my understanding that the has been lost. ator from Iowa. amendment has been cleared by both Mr. GRASSLEY. Mr. President, I am the Agriculture Committee and the En- The current process has shut out the going to offer an amendment. I am vironment and Public Works Com- farmer. The bureaucrats are making going to take about 15 seconds. mittee and will be accepted by the decisions without consultation with Mr. HATFIELD. Will the Senator farmers. We have gone through this yield for just a moment, please? managers of the bill. My amendment safeguards the prop- process before—with the passage of the Mr. GRASSLEY. Yes. swampbuster and sodbuster provisions Mr. HATFIELD. We are in a situa- erty rights of our Nation’s farmers by of the 1985 farm bill. For the most part, tion where we really have the D’Amato prohibiting the Secretary of Agri- farmers did not complain about the amendment as the pending business. culture from expending funds to delin- process then—because there was an Mr. GRASSLEY. Can I ask to set eate new wetlands on agriculture land open effort on the part of the bureauc- that aside? until the end of the year. This rescis- Mr. HATFIELD. For how long? sion will allow Congress the oppor- racy to work with the farmers, to edu- Mr. GRASSLEY. For about 60 sec- tunity to reform wetlands policy cate them on the process and to solicit onds. through new legislation. It will also the farmers’ input. But that is not the Mr. HATFIELD. Mr. President, I ask allow the public to have input into the case this time around. unanimous consent to set aside tempo- process. Thus far, the landowners have Mr. President, I want to make it very rarily the D’Amato amendment in been shut out of the process. clear that I am not opposed to pro- order for the Senator from Iowa to As you know, no less than four Fed- tecting valuable wetlands. My vote for offer a 60-second amendment. eral agencies claim jurisdiction over the antisodbuster and antiswampbuster Mr. DODD. Reserving the right to ob- the regulation of wetlands. Just think provisions in the 1985 farm bill is proof ject, I have no objection. You are not of how impossible it must be for the of that. And I am making no attempt

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4884 CONGRESSIONAL RECORD — SENATE March 30, 1995 to roll back the provisions of that bill. ∑ Mr. DORGAN. Mr. President, I have randum of agreement, the Natural Re- However, I am opposed to changing the cosponsored this amendment with the sources Conservation Service will rules every few years so that farmers Senator from Iowa and ask this body’s make wetland delineations on agricul- can never be certain if their conduct is approval. I will be unable to come to tural lands for the purposes of deter- allowed under the current regulatory the floor today because I must be in mining section 404 jurisdiction. scheme. I am also opposed to the pro- North Dakota to testify before the Mr. GRASSLEY. That is correct. My mulgation of an MOA that will signifi- Base Realignment and Closure Com- amendment does not suspend the gen- cantly affect the ability of private mission. eral terms and procedures of the inter- property owners to improve their land, We sought this amendment so the agency memorandum of agreement on without the benefit of input from the Federal agencies who implement the wetland delineations with the excep- people affected by the agreement. Swampbuster law will avoid creating tion of the terms of that agreement re- My amendment will allow for this unnecessary confusion for farmers who lating to new delineations and new cer- input through congressional hearings are subject to the regulations and rules tifications of wetlands on agricultural on wetlands policy. At the very least, on management of wetlands. lands under section 1222(a) of the Food Congress should ensure that the con- In the 1990 farm bill, we made some Security Act of 1985. cerns of private property owners are improvements on wetland regulations, The PRESIDING OFFICER. Is there heard before they are deprived of the including provisions that assign the further debate? use of their land. Department of Agriculture as lead Mr. HATFIELD. I understand that a The amendment will also stop the bu- agency for implementing swampbuster copy of that amendment is available. reaucracy from acting based on the regulations on farmland. To fulfill the Mr. GRASSLEY. Yes. Senator DOR- flawed memorandum of agreement. I intent of the 1990 farm bill, the Federal GAN cleared it on the Democratic side, believe that this Congress is com- agencies have proposed some changes and I have cleared it on our side. mitted to reforming Federal wetlands in rules and operating procedures for Mr. HATFIELD. I understand. The policy. This policy should be based on mapping, or delineating, wetlands on Senator is correct. But there is a Sen- sound science, recognize the constitu- farmland. Those new procedures are ex- ator who has asked to see a copy of it. tionally protected rights of private pected to be implemented this year. Mr. GRASSLEY. I am sorry if it has property and, above all, institute a Our amendment will hold up imple- not been cleared. large dose of common sense into the mentation of those new procedures and Mr. BYRD. Mr. President, it is my program. This amendment stops the mapping conventions until Congress re- understanding that Senator LEAHY Government from finding new wetlands views the swampbuster law as part of wishes to see the amendment. on farm land until this reform can be the farm bill this year. Congress may, Mr. GRASSLEY. We cleared it with put in place. in fact, change its approach to the him. Mr. President, in closing I want to small, temporary wetlands, called type Mr. BYRD. That is the word I am re- make sure that my colleagues under- I wetlands, and many of us in Congress ceiving. stand the scope and the intent of this want to see some changes in that area. Mr. HATFIELD. Mr. President, I ask amendment. The amendment will in no It only makes sense to avoid imple- unanimous consent to set aside the way affect the regulation of wetlands mentation of changes in wetlands rules Grassley amendment temporarily. currently listed on the wetlands inven- this year if more are to be made in the The PRESIDING OFFICER. Is there tory. Furthermore, it will not interfere farm bill. objection? In consideration of farmers who must with a landowner’s ability to obtain a Mr. BUMPERS. Reserving the right try to understand and conform to Fed- section 404 permit or a swampbuster to object, what was the request? determination. eral wetlands requirements, we simply Mr. HATFIELD. I was asking unani- What the amendment does, simply must not change the rules every year.∑ mous consent to temporarily lay aside stated, is this: The amendment pro- Mr. CHAFEE. Mr. President, as I un- the Grassley amendment until the Sen- hibits the Natural Resource Conserva- derstand this amendment, it prohibits ator can read it and others can read it tion Service from conducting its cer- the Secretary of Agriculture from con- who are interested. tification process and adding new wet- ducting new wetland delineations or The PRESIDING OFFICER. Without lands to the inventory until 1996. certifications on agricultural lands, ex- Opponents may argue that it was the cept at the request of a landowner or objection, it is so ordered. The amend- agricultural interests that wanted the operator, for the purposes of carrying ment will be set aside. NRCS to be the lead agency in deter- out wetland conservation programs AMENDMENT NO. 427 TO AMENDMENT NO. 420 mining wetlands on agricultural lands. under title XII of the 1985 Food Secu- The PRESIDING OFFICER. The This is accurate, however, the agricul- rity Act. The amendment does not question now recurs on amendment No. tural community believes that the apply to the wetlands regulatory pro- 427 offered by the Senator from New MOA is a flawed document and they gram under section 404 of the Clean York. overwhelmingly support this amend- Water Act. Therefore, the Grassley Mr. DODD. Mr. President, I under- ment. In fact when I introduced this amendment in no way restricts the stand my colleague from Arizona wants moratorium as a free-standing bill, 14 Secretary of Agriculture, through the some time on this amendment. farm groups from across the political National Resources Conservation Serv- Mr. HATFIELD. Mr. President, I sug- spectrum signed a letter to President ice, from delineating wetlands on agri- gest the absence of a quorum. Clinton supporting the bill. These cultural lands for the purposes of car- The PRESIDING OFFICER. The groups range from the conservative- rying out section 404 of the Clean clerk will call the roll. leaning American Farm Bureau Fed- Water Act. The legislative clerk proceeded to eration to the bipartisan Association of Mr. GRASSLEY. The Senator from call the roll. State Departments of Agriculture to Rhode Island is correct. Mr. GRASSLEY. Mr. President, I ask the more-liberal National Farmers Mr. CHAFEE. I thank the Senator unanimous consent that the order for Union. I would also note that the bill is from Iowa for clarifying that point. It the quorum call be rescinded. cosponsored by 18 other Senators from follows then that the January 1994 The PRESIDING OFFICER (Mr. JEF- both sides of the aisle. All of us in- memorandum of agreement among the FORDS). Without objection, it is so or- volved in agriculture want to relieve Department of Agriculture, the Envi- dered. the regulatory burden placed on farm- ronmental Protection Agency, the De- Mr. GRASSLEY. Mr. President, back ers by Federal wetlands policy. This partment of the Interior, and the De- on my amendment, we have now been amendment will allow Congress some partment of the Army concerning the able to clear it with the necessary time to do just that. I urge my col- delineation of wetlands for purposes of Members who had some doubt, al- leagues to accept this amendment. section 404 of the Clean Water Act and though I was correct in my first state- (At the request of Mr. GRASSLEY, the subtitle B of the Food Security Act is ment that it had been cleared. But following statement was printed in the not suspended by this amendment. there was some question about which RECORD.) And, in accordance with that memo- version. We have that all settled now.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4885 Mr. President, I ask that we take Mr. DODD. We are right now, Sen- ing about making billions—by the way, final action on my amendment. ator. I did not have sufficient time to re- Mr. HATFIELD. Mr. President, the Mr. HELMS. Under the quorum call spond as it relates to the appropriate- Senator is correct. It has now been rule, rolling on like Tennyson’s brook. ness of this measure. We are talking completely cleared on both sides. I Mr. DODD. I appreciate my col- about rescissions of $14 billion. Here is urge its adoption. league’s concerns. But I did not create $20 billion going to Mexico; $5 billion The PRESIDING OFFICER. The the situation we are in. I am just re- has already gone down. Another $5-bil- question is on agreeing to the amend- sponding to the situation we are put in. lion-plus will go down in the next 2 or ment. I understand and I am sympathetic to 3 weeks, or 4 weeks. The amendment (No. 430) was agreed his concerns. But with all due respect to. to my friend from North Carolina—and If you want to talk about aid, I want Mr. GRASSLEY. Mr. President, I he is that—I respectfully object. to give aid to the communities that move to reconsider the vote. Mr. HELMS. As the saying goes, you need it. Orange County, I would rather Mr. HATFIELD. I move to lay that probably will not love me in the morn- give them a loan guarantee with this motion on the table. ing. money. How about the District of Co- The motion to lay on the table was Mr. D’AMATO addressed the Chair. lumbia? Let us help them. In my State, agreed to. The PRESIDING OFFICER. The Sen- we have a $4 billion deficit we inher- Mr. HATFIELD. Mr. President, I sug- ator from New York is recognized. ited. Let us help them out. Then, after gest the absence of a quorum. Mr. D’AMATO. Mr. President, let me that—that only accounts for $4 billion, The PRESIDING OFFICER. The say that I am desirous of attempting to $2 billion, $6 billion, $7 billion—then let clerk will call the roll. accommodate my colleagues, particu- us give the other $13 billion to deficit The legislative clerk proceeded to larly the chairman of the Appropria- reduction, if you want to help. Talk call the roll. tions Committee and my colleagues on about relevance. Mr. HELMS. Mr. President, I ask the Appropriations Committee, and unanimous consent that the order for those who are interested. I mean, if the Senators come and say the quorum call be rescinded. Mr. KERREY. Is the Senate in they are concerned about the children, The PRESIDING OFFICER. Without quorum call? if you are concerned about the chil- objection, it is so ordered. Mr. D’AMATO. Yes, the quorum call dren, here is the opportunity to give Mr. HELMS. Mr. President, I ask was called off. The quorum call was them that money instead of shipping it unanimous consent that the D’Amato called off. The Senator yielded the away. I think it is very relevant why amendment be laid aside temporarily. floor and I am making a statement. I we are cutting back programs over Mr. DODD. Mr. President, reserving believe I have the floor. here in this country. We are supposed the right to object, may I inquire of my The PRESIDING OFFICER. There is to say no; we should not have the re- friend from North Carolina? no quorum call. sponsibility for voting on an appropria- Mr. HELMS. Mr. President, I will say The Senator from New York has the tions which is an appropriation as it to the Senator, I think maybe we floor. relates to bailing out another coun- ought to do something around here ex- Mr. D’AMATO. In an attempt, Mr. try—unprecedented. cept sit around in quorum call with the President, to move the process, I have threat of being here all night. I have attempted to work out an agreement By the way, this fund has never been two or three amendments I would like with my colleagues who share a con- used for any countries that some of my to offer. So I would go ahead with my cern as it relates to the inadequacy of colleagues—Israel has never been a amendment if the Senator from Con- time to debate this very important leg- beneficiary of this. The United King- necticut and others on his side will per- islative proposal. dom has never been a beneficiary of mit me to do so. I must say to you, I have no disagree- this. Only one country has ever gone up Mr. DODD. May I say, Mr. President, ment with providing ample time. Yet, to $1 billion: Mexico. They paid that to my good friend from North Carolina, if we were to have more extensive de- back in 12 months. I think an effort is being made here to bate—and we have had 3 hours plus—I When I hear people telling me, ‘‘Oh, see if we cannot come up with some recognize that would impede us from my god. It will be the end of the world resolution of the issue. I respect im- going forward on this important legis- if we do not have this authority,’’ un- mensely the desire to move along. The lative initiative. precedented circumvention of the con- Therefore, it is in that spirit, that Senator from North Carolina is aware stitutional responsibilities of this Con- spirit with my colleagues, that I have this has only occurred because an gress. Let me tell you, if you do not indicated I am willing to withdraw this amendment was offered. Certainly I am want to vote on it, but you will have to amendment at this time, to offer it as anxious to see us move along at this vote on it, do we say that this is the a freestanding resolution, to bring it point. way to do business? By the way, I re- With all due respect to my colleague, up Monday at noon or anytime there- spect people who say, ‘‘Alfonse, we at this juncture I think we are fairly after, to have extensive debate, to di- have to do something to help Mexico.’’ close to striking an agreement. I am vide the time equally, and to have a Let us do it the right way. If it means going to object. time certain to vote—for a reasonable Mr. HELMS. Before the Senator ob- time, to put in 5 hours equally divided. we have to get a majority of our col- jects, I was going to say if, as, and But by no means am I suggesting that leagues to vote to appropriate, then let when an agreement is reached, the it should be limited to 5 hours if 6 us do it in that manner. Helms amendment could be laid aside. hours is necessary or 7 hours or 8 or 10 Mr. WARNER. Mr. President, will the Mr. DODD. I think at this point here hours or 12 hours or 24 hours. But at Senator yield for a brief question? I just would like to see if—we are fairly some point in time I want to be as- Mr. D’AMATO. Yes. close, I say to my colleague. I have sev- sured, because of the importance of eral colleagues over here who have this, that we have a vote, that my col- Mr. WARNER. I have been saying all been holding up for the last hour, sit- leagues truly have an opportunity to along that this transaction with Mex- ting here at my request not to go for- vote. ico has serious faults and may well not ward until we get a resolution. The Indeed, this may not carry. I have no be in our interest. When this was origi- Senator from California, the Senator illusions. I think probably it will be de- nally brought to us on that day, for ex- from Nebraska—there is one other one, feated. I have a sense that there are ample, when the Secretary of the I think—had amendments pending. The lots of my colleagues who would just as Treasury and Alan Greenspan and oth- Senator from Arizona. They agreed. soon stay out of this situation. They ers addressed Senators downstairs, With all due respect, in fairness to will let the President do it, and if Mex- right then I began to develop some se- them, I object to going forward. ico deteriorates, we did not do any- rious concerns as to whether or not I Mr. HELMS. If the Senator would thing. That is what is taking place. would ever support it. Indeed, the lead- yield, let me suggest we do something, I think it is a question of our con- ership decided at that time to not just not sit here—— stitutional responsibility. We are talk- bring it before the Congress.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4886 CONGRESSIONAL RECORD — SENATE March 30, 1995 But the question I have for the Sen- not portend good things. We know that Well, let me tell you something. That ator is, Do we have a base of fact that capital will not be made available be- is nonsense. They never made that a would provide an ability for the Senate cause the Mexican people, and indeed priority. So you can say well, why are to better understand how this happens, the Mexican Government, understands you complaining now? We complained who is responsible, who profited, who that you cannot look to the free enter- before they started the repurchase of suffered losses, so that we can make an prise system as it relates to the oil mo- these agreements, we complained about informed decision on the Senator’s pro- nopoly which does have vast value. it while they were doing it, and we are posed legislation? So the premise upon which these complaining about it now. And now $5 I frankly am inclined to support the agreements were made—by the way, we billion have been expended. How much Senator from New York. But I would do know that billions of dollars’ worth more before we say we do question the want to do so only after the most care- of investments that were made have adequacy of the manner in which these ful analysis of positive facts on this been paid. They have been paid by U.S. dollars were being used? taxpayer dollars redeeming speculative issue. The Senator was to have had I do not question for one moment the investments. hearings in the committee. I just won- good intentions, indeed, of congres- dered what the status of the hearings Mr. WARNER. The question is, To whom was it paid? The fundamental sional leadership, Republicans, Demo- were, and what is the body of fact that crats. This Senator said certainly we we have before this Senate today that question I have is, Will the Senate, in the course of the deliberation of the have a special obligation as it relates we did not have at the time this was to Mexico and its stability. But, my originally brought up? proposal of the Senator from New York, have a better understanding as gosh, we have an obligation to be real- Mr. D’AMATO. We finally have a istic and to see that these funds are plan that has been put forth as it re- to how this crisis happened, and who is benefiting from this cash-flow that has being used appropriately, that we are lates to the utilization of these dollars. getting the most for our money. We know that Eurobonds, we know been described by the Senator such that tesobonos have been facilitated as that we can act in an informed way on How does repaying a Eurobond or a result of repurchasing them by the the proposal by the Senator from New how does the repurchasing of a Government. We know that the loan York? tesobono from someone from Germany programs, the Mexican Government Mr. D’AMATO. No. Unfortunately, we or Japan or from the United States dol- has received and been the beneficiary will not learn for at least a year who lar for dollar plus 20-percent interest in of these dollars. And we also recognize the holders of these bearer bonds were, some cases, 25 percent interest in other that the economy, notwithstanding the and only then maybe as it relates to cases, how does that benefit the Mexi- claims that it has moved forward—as a those citizens of the United States. Ob- can worker, the Mexican economy? Do viously, we have no way to know. And matter of fact, the stock market yes- we really think that as a result of our this is one of the things that we terday in Mexico dropped 1.2 percent— purchasing these agreements people brought up before this agreement was we understand marginal movements up are now going to rush to Mexico and implemented. Who are the holders of and down. put money back in there? I think you But the fact is that some of the so- these Eurobonds? Who are the holders have to be rather naive to think so. of the tesobonos? We were told that we called petroleum reserves that are Mr. WARNER. Mr. President, I would could not get that information. going to be used as collateral—there is Now, it seems to me that if we are like to know whether or not it has been a very real question about whether or going to make American dollars avail- the American taxpayer who is respon- not during the lifetime of these loans, able we had a right, that our Treasury sible for the very funds that the Sen- there will be sufficient collateral or people had a right to say we want to ator refers to as now being the prin- revenues available. see who they are and we want to nego- cipal cash flow? Am I not correct? We have learned that there is great tiate with them. We want to see if we Mr. D’AMATO. We are. We are the civil unrest as it relates to the people cannot restructure the repayment so principal casualty as it relates to the of Mexico, and that they are angered at that instead of paying it all plus 20 per- cash flow. And let me assure the Sen- the United States for imposing these cent, we would restructure on the basis ator where we were initially told in conditions in terms of raising interest of maybe 60 cents on a dollar, 70 cents briefings which the Senator attended rates, raising tax rates; a 50-percent on a dollar, or maybe pay it over a pe- that there would be no risk, that we consumer tax increase, from 10 to 15 riod of time. would not have to put up any money, percent. So we are aware of that. Now, that would have been—and now we are hearing, well, certainly We are also aware that we have not that, by the way, was suggested by Bill there is some risk, and now we are received the kind of information that Seidman, former head of RTC, the hearing, yes, there is $5 billion. foreign investment is returning, which former head of the FDIC, who said it I remember when the head of the is the cornerstone of this so-called eco- makes sense to restructure. Do not just nomic recovery, if it is to take place. Federal Reserve, Alan Greenspan, shovel out American money dollar for said—and I respect him tremendously— We have also learned that it is very dollar. if you have to start a drawdown on doubtful that in the months ahead, And my friend from Virginia touched these funds the program is not work- they are going to be able to deal with exactly on it. To date, when we have short-term as well as long-term repay- asked for the records, when we have ing. Well, we have drawn down $5 bil- ment schedules. We are talking about asked how this money has been used, lion, in addition to the money from the $170-billion-plus which the Mexican we are told, ‘‘We don’t know.’’ As it re- IMF. Government owes; $70 billion short lates to who received it; they were Mr. McCAIN. Will the Senator yield term. bearer bonds, ‘‘We don’t know.’’ They for another question? I say to my friend and colleague, $50 knew the Congress wanted this infor- Mr. D’AMATO. Certainly. Let me billion worth of guarantees does not mation. complete this. stop or is not sufficient as it relates to Mr. WARNER. Mr. President, when the repayment of $70 billion worth of the Senator asked, to whom did he In addition to the money that has short-term Mexican debt this year. place these questions? Was it the ad- come from the World Bank, and I be- That we have learned. ministration? And were they not forth- lieve that we will be getting ready, We have also learned, unfortunately, coming? from what I understand, to draw down in the tabloids, of the incredible unrest Mr. D’AMATO. It was the adminis- on billions more from the United and, yes, the incredible instability of tration. It has been as high as the Sec- States. the institutions to be able to perform retary and the Deputy Secretary and Now, this is an unprecedented use of and to carry out any kind of meaning- others in the Treasury Department. the fund, and, yes, Senator DOLE and ful transformation. We know, for exam- And it is because we were told that Speaker Gingrich have indicated that ple, that the oil monopoly, PEMA, can- they just went along on the basis that they wanted to help and they were sup- not and will not be producing at a rate it cannot be done, you cannot ascertain portive. Let me remind my colleagues today that it is in the future. That does who the people are. in fairness to Senator DOLE—

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4887 Mr. WARNER. Mr. President, I wish you, in terms of this program, in terms this period. That, in fact, is not the to withdraw from the colloquy. My of calling it essential, and I disagree case. They have upheld a tight money questions have been answered. It would respectfully. policy. seem to me, in a sense of fairness, in- Mr. WARNER. Fine. Through March 15, the nominal deed, the Senate would want to know Mr. President, I associate myself money supply has shrunk by 13 percent what would be the views of Mr. Green- with many of the concerns of the Sen- since the beginning of the year and the span, perhaps the Secretary of Treas- ator from New York, and I will address real money supply has shrunk by 23 ury, and others specifically addressing this, as will others, in a very respon- percent. the Senator’s proposal. Will those re- sible way when it is brought up. But I Now, we may differ over the policy, sponses be available or have they been think it is important that we do solicit but at least let us get the right facts solicited? the current views, the current thinking out before us. To stand here and assert Mr. D’AMATO. Well, they have been of the chairman of the Federal Reserve that they have been following a very solicited. Indeed, the Secretary of the and I will undertake to do so. loose policy in printing money does not Treasury is adamantly opposed to this I thank the Chair, and I thank the square with what the reality is. The re- legislation. But let me say I am ada- distinguished Senator. ality is that the money supply, since mantly distressed, deeply distressed at Mr. D’AMATO. Let me conclude, and the beginning of the year until the 15th the manner in which taxpayers’ funds I know my colleague has been patient— of March, in Mexico has shrunk— have been used to date. The lack of ache wants to ask a question or make a shrunk—by 13 percent. countability—and I am not suggesting statement—and I am going to sit down I thank the Senator for yielding. or be available to answer his question. bad faith, but just as the process has Mr. MCCAIN. Mr. President, first of evolved, the lack of accountability, Let me conclude by saying this. I am all, I want to thank the Senator from and the accountability that we do very willing to withdraw this amend- New York for his commitment on this have, leaves me very, very distressed. ment, if we can agree to a time certain issue and his willingness to agree to a I would like to know how it is that so that we can have a full debate. And vote. I do not have any role in those we can justify, when we are here mak- if we want more than 5 hours or 10 negotiations. hours or 15 or 20 hours or 24 hours, I ing these cuts, that we are going to But I am deeply concerned about this have no problem with that. But I think send more money down while the Mexi- amendment, its impact on American it is fair and I think it is our responsi- can Government keeps printing pesos, foreign policy and, very frankly, this bility to the American people that we they keep printing them and we think amendment in its relation to the Con- have a time certain for a vote, other- that we are going to help the economy stitution of the United States and the wise I can assure my colleagues that and we are going to help the Mexican inherent powers of the Chief Executive. there will be a piece of legislation that people by just shoveling money out in I have always supported the foreign will be moving through the administra- a manner that lacks business prudence. policy prerogatives of the President of I will tell you, you can have all the tion will want. If I am placed in the po- the United States. Frankly, I think highfalutin people in the world to say sition that this is the only way that I that is what this debate should be this is important, this is good; they are can get a vote, that the American peo- about. not signing the notes. They are not ple who are my constituents from I would refer my colleagues back to making this their own business deal. Rochester and Syracuse and Buffalo the language of the amendment, which They would never enter into a situa- and Long Island, the people who I rep- says: tion like this. There is no real collat- resent, the people who say they are op- eral. There is no lien against that oil. posed to this, there will be another Except as authorized by an act of Congress, As one of my colleagues said, you time. the Secretary may not take any action under this subsection with respect to a sin- would have to send in the 82d Airborne Now, I am willing to set up a time. I gle foreign government, including agencies if you wanted to try to exercise that. am willing to withdraw, because it is or other entities of that government, or with We know that is ridiculous. fact of life. We have to get this impor- respect to the current of a single foreign cur- So while it sounds good and while it tant business through. Let us set it rency that would result in expenditures and may be well-intentioned—and I do not aside for Monday. Let us set it aside obligations, including contingent obliga- question the motivation for a minute— for Tuesday. Let us pick out an appro- tions, aggregating more than $5 billion with two things strike me. priate length of time and come to a respect to that foreign country during any No. 1, it has not been carried out in vote. I have no illusions. My colleagues 12-month period. a businesslike, prudent manner. No. 2, who are concerned do not want to be What we are saying, Mr. President, is we have the constitutional obligation blamed for the collapse. I understand that the authority of the President of that we cannot and should not delegate that. And I say Mexico has collapsed the United States is substantially cir- to the administration as it relates to already. You will have an opportunity cumscribed by this amendment. the expenditure of these sums. to vote for or against my bill. I will do I point out that the President’s ac- The legalistics that have been turned that. There are a number of Senators tion was not taken without consulta- around to give us this so-called juris- who have said it is inappropriate to tion with the leaders of Congress. I diction and the opinions that came bring it up here. Fine. I will be will- think that the President of the United from the Assistant Attorney General of ing—and I leave this to my colleagues States, very appropriately, consulted the Justice Department and the coun- on the other side—to work out a time with the leaders of Congress. In fact, sel of the Treasury are mind-boggling: when we can bring it up and have a on January 31, 1995, there was a state- You would really have to say that this vote, and I will not say anything more ment issued by President Clinton, is not a foreign aid package. Of course, on that. I thank my colleagues for giv- Speaker GINGRICH, Minority Leader it is a foreign aid package; you would ing me the courtesy of this response. GEPHARDT, Majority Leader DOLE, and really have to say that this loan is so Mr. HATFIELD. I thank the Senator Minority Leader DASCHLE. I will not collateralized that there is no chance from New York. quote from the whole statement, Mr. that it will fail. Nobody can tell you Mr. MCCAIN addressed the Chair. President, but I think it is important that, even the administration. They The PRESIDING OFFICER. The Sen- to remember that this was what our say, ‘‘Well, we don’t think it will.’’ And ator from Arizona. elected leaders here in Congress said on that itself flies in the face of the under- Mr. SARBANES. Will the Senator that day. lying legal opinion that says you can from Arizona yield to me for just 30 We agree that, in order to ensure orderly do this. seconds? exchange arrangements in a stable system of Mr. WARNER. Mr. President, I will Mr. MCCAIN. I am glad to yield to exchange rates, the United States should im- withdraw. I will undertake myself to the Senator from Maryland. mediately use the Exchange Stabilization solicit the views of Alan Greenspan and Mr. SARBANES. The Senator from Fund to provide appropriate financial assist- the Federal Reserve. New York asserted only a few moments ance for Mexico. Mr. D’AMATO. They have been sup- ago in the debate that the Mexicans And they go on in the final paragraph portive of this, as I have indicated to have been printing money throughout to say:

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4888 CONGRESSIONAL RECORD — SENATE March 30, 1995 This is an important undertaking, and we to 7 pesos to the dollar, instead of 3.5 United States and Speaker of the believe that the risks of inaction vastly ex- pesos to the dollar. House and the minority leader, and the ceed any risks associated with this action. The economy in my State is dev- majority leader and the minority lead- We fully support this effort, and we will astated along the border. Literally, er here made this announcement on work to ensure that its purposes are met. towns are shutting down; not just busi- January 31, I did not hear a single Mr. President, it is my view that that nesses, but towns are shutting down. Member of Congress stand up and say, is the way the relationship between the There is no tourism up from Mexico. ‘‘No, wait a minute. Wait a minute. executive and legislative branches The normal shopper that comes up You have to get the approval of Con- should function on issues such as these. from Mexico is not there. The Safeway gress.’’ I think it is also important to rein Nogales has shut down. It had been In fact, the silence was deafening. member a little background before this in operation through all of the The silence was deafening because we agreement was reached on January 31. downturns and all of the problems we could not come to an agreement in the The reality is that for a period of ap- have had in the past 30 years in our re- Congress, as I mentioned, for a whole proximately 3 weeks, if I remember lations with Mexico. And it is going to variety of reasons. correctly, before this agreement was be many, many years before that econ- So I say, with all due respect to the reached, there was no agreement, there omy is restored. author of the amendment, where were was no agreement between the Con- I do not know what is going to hap- we the day that this agreement was an- gress of the United States and the expen in the Mexican economy, Mr. nounced? Where were we then? Are we ecutive branch. President. I do not know if this $20 bil- now finding that our expectations or The leaders of the Congress came out lion is going to disappear like that. I our hopes for the performance of the of a meeting at the White House and do not know. And the experts are di- Mexican economy was such that we said we must act, we must act to- vided dramatically on this issue as to now feel that it is necessary to require gether, we must act on a package. That what the viability of the Mexican econ- additional involvement on the part of was their view at the time. omy is. Congress on this issue? Now, there were many of us, includ- But that is not the question here, Mr. I say again, if this amendment had ing Senators who are on this floor President. The question here is, are we been proposed on January 31 rather right now, that had deep concern about going to circumscribe the authority of than today, I think that it might have what fundamental changes Mexico the President of the United States, es- had a significant degree more reso- would make in the way that they con- pecially in light of the fact that the nance. duct their financial affairs. And there Congress was unable to come to agree- Mr. D’AMATO. Will my colleague were deep concerns as to whether the ment, the President and the Congress yield for an observation? fundamental reforms in their monetary were unable to make an agreement? Mr. MCCAIN. Yes, but first I observe system were being taken. But there And so the President, with the total that my colleague would not yield to was no doubt about the urgency of this endorsement of the leaders of Congress, me when I asked him to yield, but I problem in the minds of the majority made a decision. Now, I say again, his- will be glad to yield to him. of Congress. Meeting after meeting was tory will show whether that decision Mr. D’AMATO. I thank my friend and held to find a solution. was right or wrong. Obviously, it will colleague. Just so that we understand, Now, with all due respect to all of my be related to the success or failure of and I know every utterance that we colleagues who participated in this ef- the Mexican economy, which I cannot make we like sometimes for people to fort, many of our colleagues wanted to predict. pick up—usually they pick up the ones condition loan guarantees on Mexican But I know this. If this legislation is we do not want them to pick up—but relations with Cuba, on labor rights, on passed, I know this right now, if this on the 31st, I did have a hearing. And domestic reforms, on environmental legislation is passed, first, there is a seat that hearing, I indicated my very cleanup, on demands that Mexico es- rious constitutional problem that I strong concern about this. I indicated sentially militarize our borders. It be- have already described, in my view. that I did not think we were doing the came almost a vehicle for every pet And it would send a signal, in my view, right thing. I indicated that I would cause or every pet peeve that any that if the leaders of the Congress and withhold saying anything further until Member of Congress had about our re- the President of the United States we can get more facts, in terms of the lationship with Mexico. make an agreement, then at some later implementation. That was on the 31st. We have had many differences with date the Congress can come back, and On the 8th, I came out about 8, 9 days Mexico at least during this century. We say, ‘‘Sorry, we didn’t like that agree- thereafter raising very strong positions have certainly had a rocky relation- ment. We’re going to have to take the and concerns in regard to the manner ship, certainly from their view point; following action.’’ I am not sure that is in which we were moving forward. I some of them feel very strongly that a very good precedent to set. just share that with my friend and col- the State in which I reside should be But, also, Mr. President, I think we league because this Senator did not part of their country. should look at the immediate effect of want to be an obstructionist, yet I was But the fact is that there was an in- passage of this amendment on the not afraid to express my concerns. I ability on the part of the Congress of Mexican economy that all of us, no just share that. the United States and the executive matter where we stand on this issue, Mr. MCCAIN. Let me say to my branch to agree. But, more impor- want to save. We want the Mexican friend from New York, I expressed my tantly than that, there was an inabil- economy to survive. And I repeat for concerns, too. I still have grave con- ity for Congress to agree amongst probably the fifth time, I do not know cerns. I still am worried whether the themselves. Congress could not agree whether it will or not. nation of Mexico has implemented the on a package with which to attempt to But I know what this amendment fundamental reforms in their monetary agree with the executive branch. would do. It would doom the Mexican system, in fact, in their political sys- Finally, either rightly or wrongly, economy to failure. Because I do not tem, that would lead to the kind of history will show, history will show believe that any degree of confidence confidence that would allow that econ- whether it was a correct action on the would be maintained in the Mexican omy to be restored before it sinks even part of the President of the United economy, Mexican market, and the further into a terrible, terrible depres- States or not, with the agreement of Mexican currency if this amendment sion which, obviously, has afflicted the the leaders of Congress, to take the fol- were passed, because we know full well poor people in Mexico in a most hor- lowing action which called for an im- what the effect would be if a review of rible way. mediate use of the Exchange Stabiliza- each $5 billion in this $20 billion were But I also suggest to my friend from tion Fund to provide appropriate finan- passed. New York that many people expressed cial assistance for Mexico. Now, Mr. President, I would also like those reservations. No one that I know Mr. President, I have deep and sin- to point out—and I do not like to em- of during the intervening time, nearly cere concerns about the Mexican econ- barrass anyone, including myself. But 2 months, brought forth an amendment omy. It is declining. We started a slide on the day that the President of the like this for consideration on the floor

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4889 when we had many pieces of legislation Mr. DODD. Mr. President, I thank my I am deeply concerned that the actions you under consideration to which this colleague, the ranking manager of the are taking will have the potential to under- amendment would have been equally as underlying bill. mine market confidence in international relevant. I want to commend my colleague support for Mexico and thereby reduce the I want to say again, I appreciate very from Arizona. We have dealt with these likelihood of success. By limiting the Amer- ican response to the Mexican crisis, your much the involvement of the Senator issues in the Western Hemisphere for many years together. He is very com- amendment could threaten the credibility of from New York in this issue, the fact the stabilization program and undermine the that he has both the authority and the plimentary, and I appreciate it. But confidence Mexico is trying to restore among commitment to hold hearings and for there are very few people who are as investors. These consequences could, in turn, us to ventilate this entire issue. I do knowledgeable about Mexico as is my have a negative impact on jobs, wages and not underestimate, in any way, his dire colleague from Arizona. prospects of American workers here at home. concern and warning about what is at I think he has appropriately and properly identified the concerns incor- The Mexican government has taken coura- stake. But I question, as I said, the ve- geous action in directly confronting its fi- hicle and the language which is in the porated in the amendment of the Sen- nancial imbalances and implementing a dis- amendment. ator from New York. All of us have had ciplined economic recovery program. Seek- Mr. President, I do not want to take concerns about this. If it were without ing to attract foreign capital, strengthen the much longer. I will just suggest that concern, I suspect it would have gone peso and minimize inflation, Mexico has there is a great deal at stake on this through under a unanimous-consent re- adopted strong remedial policies including issue. I urge my colleague from New quest in the House and Senate back in fiscal measures that will result in a budget January. surplus in 1995 reductions in government York to continue the hearings that he Anytime there is a potential expo- spending, strict monetary policy, acceler- has scheduled to seek the information sure, there are some issues that need to ated structural reforms and important en- that sometimes has not been readily be raised. No one is questioning that. hancements to the transparency of its eco- forthcoming to him about the process The President certainly outlined that nomic institutions. that was utilized in coming forth with when he made the decision to go with Let me emphasize, however, that the proc- the decisions that were made about the Exchange Stabilization Fund. But ess of restoring market confidence is an ar- Mexico. the Senator from Arizona has very duous one and we need to incorporate this But at the same time, I suggest that properly pointed out the implications fact into our thinking as we look for signs of if this amendment is adopted by both if we do not try to make a difference, progress in Mexico. As such, the success of this effort cannot be judged from day-to-day Houses of the Congress, it would have not only in Mexico but ourselves as constitutional problems, which is sort market movements. This stabilization pack- well in this country, given the implica- age that Mexico has adopted is a strong one of an academic argument. But I also tions of the border and elsewhere. think that it would probably doom the and seems to be starting to have the desired Others may have already printed this effect. Mexican economy to a very, very dif- in the RECORD. There is a letter that The Mexican government has upheld tight ficult period, which sooner or later has has been distributed, addressed to the effects on this country in the form of money policy and we are seeing results— distinguished chairman of the Banking through March 15, the nominal money supply lack of trade, increase in illegal immi- Committee dated today, signed by Rob- has shrunk by 13% since the beginning of the gration, et cetera, et cetera. ert Rubin, the Secretary of the Treas- year and the real money supply has shrunk Try as we might, we cannot sever ury. I will print the entire letter in the by 23%. The Bolsa in Mexico City is up 15% Mexico from the United States. It is RECORD, but there is one paragraph since last week, representing a 21% gain in geographically impossible. And I have that if it has not been quoted already dollar terms. Prices on par Brady bonds has never believed that we could build suf- needs to be quoted. In the letter, the risen by 11% from their recent low on March ficient walls to separate our two coun- Secretary of the Treasury says to the 16. tries, not to mention the kind of funda- chairman: Signs of declining volatility in peso trad- mental Judeo-Christian principle that I am deeply concerned that the actions you ing have emerged, with the peso closing is involved here about helping neigh- are taking will have the potential to under- below NP 7 since March 23 and now trading bors who are very much less fortunate mine market confidence in international within a narrower range. Demand for govern- than we. support for Mexico and thereby reduce the ment securities rose in this week’s primary I do not mean to wax sentimental likelihood of success. By limiting the Amer- auctions to 2.4 times the amount offered. here, but when I see little children ican response to the Mexican crisis, your To reiterate, for its recovery program to amendment could threaten the credibility of crawling through a tunnel that is filled succeed over the long term, Mexico is rely- the stabilization program and undermine the ing upon the U.S. commitment to the agree- with sewage in order to get into confidence Mexico is trying to restore among Nogales, AZ, where they are forced to ment signed on February 21. It appears that investors. These consequences could, in turn, negative sentiment may be bottoming out engage in theft in order to eke out a have a negative impact on jobs, wages and and if Mexico holds the course, confidence meager existence—and I see that in- prospects of American workers here at home. should return. Any indication that the com- creasing exponentially—I am deeply I hope my colleagues will read this mitment of the U.S. to those agreements is concerned about the future of our letter. Mr. President, I ask unanimous weakening could threaten to jeopardize the neighbors. I do not pretend to know consent that it be printed in the best possible outcome in Mexico. that this is the right solution, but I do RECORD. There is an additional concern regarding believe that if we adopt this amend- There being no objection, the letter this amendment which relates more gen- ment, we might see a lot more of that was ordered to be printed in the erally to U.S. diplomacy. On January 31, for a very long period of time. RECORD, as follows: President Clinton and four Congressional Again, I want to thank my friend DEPARTMENT OF THE TREASURY, leaders from both parties declared in a joint from New York for his commitment Washington, DC, March 30, 1995. statement their support of the U.S. financial and interest in this issue. I also want Hon. ALFONSE D’AMATO, package for Mexico and recognized that the to thank my friend from Connecticut Chairman, Committee on Banking, Housing, President has full authority to use the Ex- change Stabilization fund (ESF) to that end. for his deep knowledge and involve- and Urban Affairs, U.S. Senate, Wash- ington, DC. This became U.S. policy, and the executive ment in these affairs for many years. DEAR MR. CHAIRMAN: I am writing to ex- branch negotiated appropriately with foreign Mr. President, I yield the floor. press my very serious concerns regarding governments to implement that policy. Several Senators addressed the your current efforts to amend H.R. 1158 to re- Now the Senate is considering a measure Chair. quire Congressional approval of aggregate that could impede that policy. Your amend- The PRESIDING OFFICER. The ma- annual assistance to any foreign entity using ment would effectively end the ability of the the Exchange Stabilization Fund (ESF) in an jority manager is recognized. United States to carry out the February 21 amount that exceeds $5 billion. Your amend- Mr. HATFIELD. Mr. President, I agreements and thereby impair the con- ment would have the immediate practical ef- yield 2 minutes to the Senator from fidence that other nations have in the ability fect of curtailing any further use of the ESF of the executive branch to negotiate agree- Connecticut, without losing my right consistent with the Administration’s pack- ments with them. to the floor. age of financial support for Mexico. I would The PRESIDING OFFICER. The Sen- strongly urge that you reconsider your deci- I hope that we can continue to move for- ator is recognized. sion to proceed on this course. ward in the spirit of bi-partisan cooperation,

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4890 CONGRESSIONAL RECORD — SENATE March 30, 1995 and not invite confrontation by consider- administration which was saddled with is doing even better in many ways. I ation or passage of legislation that could ul- a lot of problems not of their own would like to see us give him that op- timately disable the implementation of choosing that is making very difficult portunity to succeed. American support for Mexico. decisions, asking his constituency to What we are doing here is in our in- In closing, let me assure you that the make very difficult decisions in order Treasury has been complying with all Con- terest. It makes sense to be supportive gressional requests for documents. I am to get out of this crisis and, in fact, of it. It is not just a largess. These pro- using my full authority to ensure that the have pointed to a lot of the problems grams, through the economic exchange Treasury continues to supply timely, appro- that existed in the past is an overstate- stabilization fund, have been very suc- priate information to the Congress. I look ment, to put it mildly. cessful. In years past, Mr. President, I Second, again, there have been a lot forward to continuing my work with you and will submit for the RECORD a series of of criticisms raised about President your colleagues in our shared commitment countries to whom we have provided to support Mexico’s recovery and thus to Salinas. I got to know President Sali- assistance under the ESF Program. Six protect American jobs and interests. nas fairly well during his tenure in of- times Mexico has been the recipient of Sincerely, fice. Obviously, the jury is still out on ESF funds. On all occasions they have ROBERT E. RUBIN, some other matters unrelated to him Secretary. personally, but I want to say that had paid the money back. There have been Mr. DODD. Mr. President, last, I he not taken the steps beginning 5 or 6 suggestions on the floor today that we want to address an issue I heard raised years ago to inject strong market econ- are never going to get the money back. repeatedly all afternoon. It has to do omy principles and to deal with those In almost every instance, the money with the so-called corruption in Mex- issues, we would not be in the position has been returned as a result of this ico. at least of offering real opportunity for program. President Zedillo and his administra- Mexico in these coming years. And so I ask unanimous consent that this tion, but for the fact that they have while it has become popular to indict list be printed in the RECORD. conducted significant investigations, President Salinas in many quarters, I There being no objection, the list was we would not know what we know al- happen to feel he did a great deal of ordered to be printed in the RECORD, as ready. I think it is unfair to this new good. I also believe that his successor follows: TABLE 1.—EXCHANGE STABILIZATION FUND FINANCING AGREEMENTS, 1980 TO JUNE 1994

Amount agreed Drew Country Year (dollars in mil- Amount (dollars Repaid in full by lions) in millions) Date(s)

Mexico ...... 1982 1,000.0 825.0 8–14–82 8–24–82 Do ...... 1982 600.0 600.0 9–82—2–83 8–23–83 Do ...... 1986 273.0 273.0 8–86—12–86 2–13–87 Do ...... 1988 300.0 300.0 8–1–88 9–15–88 Do ...... 1989 425.0 384.1 9–25–89 2–15–90 Do ...... 1990 600.0 600.0 3–28–90 7–90 Brazil ...... 1982 500.0 500.0 10–82—11–82 12–28–82 Do ...... 1982 280.0 280.0 11–82 2–1–83 Do ...... 1982 450.0 450.0 11–82 3–3–83 Do ...... 1982 250.0 250.0 12–82 1–83 Do ...... 1983 200.0 200.0 2–28–83 3–11–83 Do ...... 1983 200.0 200.0 3–3–83 3–11–83 Do ...... 1988 250.0 232.5 7–29–88 8–26–88 Argentina ...... 1984 300.0 0.0 ...... Do ...... 1984 500.0 500.0 12–28–84 1–15–85 Do ...... 1985 150.0 143.0 6–85 9–30–85 Do ...... 1987 225.0 225.0 3–9–87 7–15–87 Do ...... 1987 200.0 190.0 11–12–87 12–30–87 Do ...... 1988 550.0 550.0 2–88—3–88 5–31–88 Do ...... 1988 265.0 79.5 11–22–88 2–28–89 Jamaica ...... 1984 50.0 10.0 12–29–84 3–2–85 Philippines ...... 1984 45.0 45.0 11–7–84 12–28–84 Ecuador ...... 1986 150.0 75.0 5–16–86 8–14–86 Do ...... 1987 31.0 31.0 12–4–87 1–26–88 Nigeria ...... 1986 37.0 22.2 10–31–86 12–10–86 Yugoslavia ...... 1988 50.0 50.0 6–15–88 9–30–88 Do ...... 1989 450.0 450.0 3–15–89 4–3–89 Do ...... 1990 104.0 25.0 3–30–90 4–30–90 Bolivia ...... 1986 100.0 0.0 ...... Do ...... 1989 100.0 100.0 7–89 9–15–89 Do ...... 1989 100.0 75.0 9–22–89 12–29–89 Do ...... 1989 75.0 75.0 12–29–89 1–2–90 Poland ...... 1989 200.0 86.0 12–28–89 2–9–90 Guyana ...... 1990 31.8 31.8 6–20–90 9–90 Honduras ...... 1990 82.3 82.3 6–28–90 11–20–90 Hungary ...... 1990 20.0 20.0 6–90—7–90 9–5–90 Costa Rica ...... 1990 27.5 27.5 5–21–90 5–21–90 Romania ...... 1991 40.0 40.0 3–7–91 3–21–91 Panama ...... 1992 143.0 143.0 1–31–92 3–92 Peru ...... 1993 470.0 470.0 3–18–93 3–18–93

Mr. DODD. I know my colleague from Mr. DODD. I am told that my col- amendment I have. I am happy to agree Oregon would like to engage in a unan- league from California would like to be to 30 minutes equally divided. imous-consent request to consider an- included for a half-hour on an amend- other amendment. I am prepared to ment. So that would make it an hour f yield for that purpose. and a half. Can we provide that at the Mr. HATFIELD. Rather than to ask conclusion of the consideration of the UNANIMOUS-CONSENT AGREEMENT for just a half-hour, I would like to ex- amendment offered by the Senator Mr. HATFIELD. I thank the Senator. pand that to an hour to take care of from California that we would vote on Mr. President, I ask unanimous con- two amendments, one on the Demo- all three amendments, so our col- sent that three amendments in succes- cratic side and one on the Republican leagues might have a window, if that is sion, one from the Senator from Ne- side, Mr. Kyl’s amendment, each for a appropriate? braska [Mr. KERREY], one from the half-hour equally divided. Mr. HATFIELD. I know the Senator Senator from Arizona [Mr. KYL], one Mr. DODD. I am happy to accommo- from California has a number of them. from the Senator from California [Mrs. date. If there are going to be recorded What amendment would this be? BOXER], each of these amendments—by votes, can they be done en bloc? Mrs. BOXER. The Senator from Cali- the way, let me mention that the one Mr. HATFIELD. It will be two one- fornia only has one amendment—the for Mr. KERREY is on the subject of half hours making 1 hour. transfer amendment. That is the only Federal courthouses that are included

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4891 in the appropriations bill; Mr. KYL’s re- GENERAL SERVICES ADMINISTRATION Washington: lates to the low-income energy assist- FEDERAL BUILDINGS FUND Seattle, U.S. Courthouse, $3,764,000 ance; the one for Senator BOXER is a LIMITATIONS ON THE AVAILABILITY OF REVENUE Nationwide chlorofluorocarbons program, transfer of funds from military to (RESCISSION) $12,300,000 school education programs. I ask that Of the funds made available under this Nationwide energy program, $15,300,000’’ there be a half-hour for each amend- heading in Public Laws 101–136, 101–509. 102– ment, equally divided in the usual 27. 102–141, 103–123, 102–393. 103–329, $565,580,000 Mr. KERREY. Mr. President, this is a form, and that no second-degree are rescinded from the following projects in very straightforward amendment. I of- amendments be in order prior to a mo- the following amounts: fered it in the full committee. It has tion to table, if a motion to table is Arizona: Lukeville, Border Station, commercial lot been altered somewhat to add addi- made. expansion, $1,219,000 tional items. For my colleagues, what I Mr. DODD. Reserving the right to ob- Phoenix, Federal building and U.S. Court- am doing with this amendment is to reject. I am informed that we cannot house, $121,890,000 scind an additional $324.579 million have a unanimous-consent agreement San Luis, Border Station, primary lane ex- from the courthouse projects. on the time for the low-income energy pansion and administrative office space, assistance amendment of the Senator $3,496,000 Mr. President, I offered this amend- from Arizona. There is objection to Sierra Vista, Arizona, U.S. Magistrates of- ment on behalf of myself and the Sen- fice, $1,000,000 ator from Maine [Mr. COHEN], who has that half-hour time agreement. Tucson, Federal building-U.S. Courthouse, Mr. HATFIELD. An hour? also been very actively involved for the $70,000,000 past several years in trying to get the Mr. DODD. I am not prepared to say. California: Mr. HATFIELD. I amend the request Menlo Park, United States Geological Sur- GSA to do some reviews of the court- to delete the request on behalf of the vey, office laboratory buildings, $980,000 houses that have been both authorized Senator from Arizona. San Francisco, California, U.S. Court of and appropriated. The PRESIDING OFFICER. Without Appeals annex, $9,003,000 The GSA did what they call a ‘‘time- objection, it is so ordered. District of Columbia: Army Corps of Engineers, headquarters, out’’ review and came back with $1.3 Mr. DODD. Will my colleague yield? billion worth of savings. We have taken Mr. HATFIELD. Yes. $25,000,000 Central and West heating plants, $5,000,000 some but not all. To be clear, the dis- Mr. DODD. Mr. President, at the con- General Service Administration, Southeast tinguished chairman of our sub- clusion of the two other amendments Federal Center, headquarters, $25,000,000 committee, the Senator from Alabama, offered by the Senator from Nebraska Southeast Federal Center, infrastructure, Senator SHELBY, points out quite accu- and the Senator from California, may $58,000,000 rately that we use the GSA’s rec- we vote on both of those at the expira- U.S. Secret Service, headquarters, ommendations as a guideline. These tion of the hour, after both have been $18,910,000 are not hard and fast recommenda- debated? Georgia: Atlanta, Centers for Disease Control, site tions. These are not things that we al- Mr. HATFIELD. That is satisfactory. acquisition and improvement $25,890,000 Mr. DODD. Will the Senator pro- ways watch. Indeed, we have some Atlanta, Centers for Disease Control, things on our list in the rescission pound that request? $14,110,000 Mr. HATFIELD. I ask unanimous Florida: package that were not recommended consent that at the end of the hour for Tampa, U.S. Courthouse, $5,994,000 by GSA already. the two amendments, the votes take Illinois: Nonetheless, my colleagues who are place. Chicago, Federal Center, $7,000,000 considering this amendment really Mrs. BOXER. Reserving the right to Indiana: Hammond, U.S. Courthouse, $52,272,000 should ask themselves one question, object, I want to move along. Maybe a Maryland: and that is: What happens if this vote is not necessary on this Senator’s Avondale, DeLaSalle building, $16,671,000 amendment passes? Will there be dam- amendment. Massachusetts: age done to the Nation? Will there be Mr. HATFIELD. If votes are required, Boston, U.S. Courthouse, $4,076,000 children that get less food? Is day care I ask unanimous consent that they be Nebraska: involved? Is education involved? Is na- stacked at the end of the hour. Omaha, U.S. Courthouse, $5,000,000 tional defense involved? I mean, the ar- The PRESIDING OFFICER. Is there Nevada: Reno, Federal building.U.S. Courthouse, gument really has to center on what objection? $1,465,000 happens if this amendment passes. Without objection, it is so ordered. New Hampshire: Mr. HATFIELD. I ask unanimous Well, Mr. President, I am going to re- Concord, Federal building.U.S. Courthouse, spectfully say that what happens is a consent that the D’AMATO amendment $3,519,000 be temporarily set aside. New Mexico: number of projects are not going to be The PRESIDING OFFICER. Without Santa Teresa, Border station, $4,004,000 built. The list that I have includes a objection, it is so ordered. New York: Phoenix, AZ, courthouse, $128.890 mil- Holtsville, New York, IRS Center, AMENDMENT NO. 435 TO AMENDMENT NO. 420 lion; Tucson, AZ, $70 million; South- $19,183,000 (Purpose: Rescinding certain funds for GSA east Federal Center in the District of North Dakota: Columbia, $58 million; an additional Federal buildings and courthouses) Fargo, U.S. Courthouse, $1,371,000 Mr. KERREY. Mr. President, I send Ohio: $26.272 million in Hammond, IN; in an amendment to the desk and ask for Youngstown, Federal building and U.S. Holtsville, NY, an IRS Service Center its immediate consideration. Courthouse, site acquisition and design, for $19.183 million; in Corpus Christi, The PRESIDING OFFICER. The $4,574,000 TX, $6.446 million; in Santa Teresa, clerk will report. Steubenville, U.S. Courthouse, $2,280,000 NM, a border station, $4.004 million; Oregon: The assistant legislative clerk read Seattle, WA, $3.764 million; and in the Portland, U.S. Courthouse, $5,000,000 spirit of fairness, $5 million from an as follows: Pennsylvania: The Senator from Nebraska [Mr. KERREY], Philadelphia, Veterans Administration, Omaha, NE, courthouse; a Secret Serv- for himself and Mr. COHEN, proposes an $1,276,000 ice headquarters in DC. for $10 million. amendment numbered 435 to amendment No. Rhode Island: The total, Mr. President, is $324.579 420. Providence, Kennedy Plaza Federal Court- million. house, $7,740,000 Mr. KERREY. Mr. President, I ask Again, the simple question really has unanimous consent that reading of the Tennessee: Greeneville, U.S. Courthouse, $2,936,000 to be: What happens if this amendment amendment be dispensed with. Texas: passes? What happens is that these The PRESIDING OFFICER. Without Corpus Christi, U.S. Courthouse, $6,446,000 projects are not going to be built, or objection, it is so ordered. Ysleta, site acquisition and construction, they will be scaled back. The amendment is as follows: $1,727,000 Beginning on page 51 of the bill, line 12, U.S. Virgin Islands: Mr. President, I hardly think those of strike everything through page 54, line 6, and St. Thomas, Charlotte Amalie, U.S. Court- us who are trying to find ways to cut insert in lieu thereof, the following: house Annex, $2,184,000 spending, those of us who recognize

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4892 CONGRESSIONAL RECORD — SENATE March 30, 1995 that we have to take tough action to I believe a majority of my colleagues I have had—as I am sure all have had get deficit reduction done, to get to a agrees with me as they did in the ap- to do—to justify spending in a variety balanced budget, are explaining to var- propriations committee, so at the ap- of ways. One of the tests that I used ious interest groups, educators, health propriate time I will move to table the with various groups and individuals care people, interest groups that come Kerrey amendment. who come forward and ask me to sup- constantly into our offices saying, Mr. BAUCUS. Mr. President, I want port one expenditure or another, is to ‘‘Why, why, why,’’ to thank the Senator from Nebraska try to calculate what a median family It seems to me that this is a rel- for offering this amendment. I also ask income pays in the way of tax. atively easy step for us to take and a unanimous consent that I be added as a In my State, a median family income relatively painless step, I must say, cosponsor. is about $35,000 a year. They have to Mr. President. There will be no interest The amendment before us will make work about 3 months to pay the Fed- groups that will object. There will be additional rescissions to a number of eral income taxes of roughly $7,500. no people that will say, gee, this is projects proposed to be funded from That means that 43,740 Nebraska fami- going to hurt us in some measurable or GSA’s Federal buildings fund. These re- lies have to work 3 months to generate appreciable fashion. These are merely scissions represent projects that have the money I am requesting to take out. projects, Mr. President. I appreciate not gone through the GSA review proc- I do not offer that observation in that they do have value. I am not argu- ess, are congressional Member re- some sort of grand fashion. I merely ing that they are without value. I quests, or represent savings identified say this is a lot of money. I do not be- merely argue that in this time when we through the GSA timeout and review lieve the Nation is going to suffer. are trying, in an unprecedented fash- process. Indeed, I say the Nation will not suf- ion, to achieve a bipartisan consensus Many of these projects are court- fer at all with this additional rescis- to reduce this Nation’s deficit to zero, house construction projects. And to be sion. I hope that my colleagues, rather this kind of action, this little list of truthful, the savings identified in this than being concerned about whether or additional cuts, is not only appropriate amendment are probably only the tip not a project in their home State is but quite reasonable. of the iceberg. In fact, last year, when going to be cut, I hope that they will, Mr. SHELBY. Mr. President, the I chaired the Environment and Public in fact, vote based upon the observa- House rescinded $136,593,000 from build- Works Committee, we made substan- tion that this Nation can afford to lay ings for which funds have been appro- tial reductions in the authorizations of these projects aside. priated in the fund. GSA projects. We cut $137 million from Mr. President, I am prepared to yield A number of projects they included these projects. Unfortunately, there back the balance of my time. were inserted by the Senate, most, but are some people who believe that this Mr. SHELBY. I will agree to yielding not all have been authorized by the money is still available. I disagree with back my time. I believe we will vote Senate Environment and Public Works that view. But to make certain that later on this. Committee, but not the House Public the money cannot be spent we need The PRESIDING OFFICER (Mr. this amendment. The Kerrey amend- Works Committee. KYL). All time is yielded back. ment will formally rescind that money. The committee chose to rescind Mr. KERREY. Mr. President, I re- Mr. President, we have to get a han- $241,011,000 from new construction and quest the yeas and nays. repair and alterations projects. dle on the courthouse construction pro- The PRESIDING OFFICER. Is there a Some of the projects the committee gram. I have talked to Federal judges sufficient second? included have not been authorized by in Montana about the need for re- There is a sufficient second. the Senate. straint in building new courthouses. Some are included because GSA has They agree that things have gotten out The yeas and nays were ordered. indicated savings as a result of last of control. The current process is a AMENDMENT NO. 436 TO AMENDMENT NO. 420 year’s time out and review. failure. There is far too much waste in (Purpose: To delete the rescission of the Some have been canceled or delayed. this program. There is no prioritization funds appropriated for the Department of We did not take all of the funds in of courthouse projects. In fact, the Education for the Technology For Edu- some cases, nor did we take all of the courts refuse to prioritize their cation of All Students Program in the amount of $5,000,000 and for the Star projects GSA indicated where savings projects. So we must prioritize. We Schools Program in the amount of might be attained as a result of time must make the tough decisions. The $5,000,000; and to rescind $11,000,000 of the out and review. amendment from the Senator from Ne- funds available under the Department of We attempted to take Members con- braska makes such decisions. Defense Appropriations Act, 1995, for ac- cerns into account in making our deci- I would also note that the bill before quisition of two executive aircraft) sion. us makes drastic cuts in important Mrs. BOXER. Mr. President, I have Our total cuts are significantly over programs, such as child nutrition and an amendment at the desk and I ask the House and there will plenty of education. So it makes sense that we for its immediate consideration. room to negotiate in conference. also look at the federal courthouse The PRESIDING OFFICER. The We might not agree, but this is a sig- construction program. We need to tar- clerk will report. nificant adjustment. get projects that are unnecessary or The assistant legislative clerk read I say to the Senate do not make it a lavish, or can be delayed. This amend- as follows: political bidding war regarding ment will do just that and I urge my The Senator from California [Mrs. BOXER], projects. colleagues to support it. proposes an amendment numbered 436 to I have tried to be fair in this process Mr. KERREY. Mr. President, the dis- amendment No. 420. as the Senator from Nebraska is aware. tinguished Senator from Alabama Mrs. BOXER. Mr. President, I ask Should we follow the Senator from Ne- quite correctly said that he has tried unanimous consent further reading be braska and his process, in all fairness, to be fair. He has been fair. We are with dispensed with. should we not put all projects on the our subcommittee offering cuts in ex- The PRESIDING OFFICER. Without table. I have a list here which includes cess of what the House of Representa- objection, it is so ordered. all of the new construction projects, re- tives had in their piece of legislation. The amendment is as follows: pair and alteration projects, as well as, Again, for those Members who try to the time out and review savings the figure out how to vote on this amend- On page 35, beginning on line 21, strike out GSA has indicated can be saved. ment, the question really still fails to ‘‘$15,200,000’’ and all that follows through ‘‘title III–B, $5,000,000, and’’, and inserting in The project list is inclusive of answer what happens if this amend- lieu thereof ‘‘$5,200,000 are rescinded as fol- projects where no construction has ment passes. All that happens, Mr. lows: from the Elementary and Secondary begun. President, is some projects that are Education Act of 1965,’’ I hope we will not get into this on the proposed to be built will not be built, On page 68, between lines 6 and 7, insert Senate floor. or they will be scaled back. the following:

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4893 CHAPTER XII computers in those classrooms. We million to round up wild horses wandering DEPRTMENT OF DEFENSE—MILITARY need to get those young people ready onto the White Sands Missile Range in New PROCUREMENT for the 21st century. Mexico—a job once handled by the Bureau of Land Management. AIRCRAFT PROCUREMENT, ARMY The ratio of students to computers in There was $15 million for developing an (RESCISSION) the classroom is about 13 to 1. Almost electric car, a project that found a home in Of the funds available under this heading two-thirds of the Nation’s public the defense bill in the late 1980s when money in title III of Public Law 103–335, $11,000,000 schools do not have access to the inter- for energy appropriations grew tight. are rescinded. net. Now Congress, in its first round of serious Mrs. BOXER. Mr. President, if I were We here know. I am beginning to get budget cutting, is slashing billions of dollars to give you $11 million to spend in a a tremendous amount of information of previously approved spending, for purposes way to benefit the public interest, I through the Internet. It is very excit- ranging from public broadcasting to housing AIDS patients. think that you would give it a lot of ing. I can have a dialog with my con- But the Republican leadership on Capitol thought, and I would hope one of the stituency. l Hill has left untouched the projects listed areas that would be considered would It seems to me that anyone would above. The spending is part of billions of dol- be education. agree that technology is the way of the lars never sought by the Pentagon, but added Particularly if I said the choice is be- future. Our children deserve those com- to the defense bill last fall at the behest of tween spending that money to put puters in the classroom. We have a senators and representatives from both par- computers in the classrooms across the chance to restore that money today. ties. country, to give 5,000 students high- Instead of propelling our schools into ‘‘The insertion of these items has become an incredible art form,’’ said Sen. John technology education, I think everyone the 21st century, what we do in this re- McCain (R-Ariz.), a member of the Senate would be interested, particularly if I scissions bill is steer them off the in- Armed Services Committee. He has compiled said the only sacrifice that would have formation superhighway. My amend- a list of more than $6 billion in defense to be made is not to spend $11 million ment would completely restore funding projects that he says represent ‘‘wasteful, for executive airplanes designed pri- for these important programs, and it earmarked, non-defense, or otherwise low- marily to transport high-ranking mili- does it in a very painless way. priority programs.’’ tary officials from place to place. Air- I am going to talk a little more Despite the GOP’s seizure of control of about the success of these two pro- Congress in the 1994 midterm elections, craft that the military never even McCain said, refusal to cut these programs asked for. grams, but before I do, I really want to suggests ‘‘business as usual’’ is continuing in That is the transfer amendment that talk about the aircraft in question Congress. I have. We are talking about pork which, again I repeat, were not re- Republican leaders have given defense a versus pupils here. quested for purchase by the Pentagon. comparatively protected position as they go I think that most people who had What do the aircraft do? According to about the initial round of budget cutting. A that choice would come down on the the House Appropriations Committee House-passed bill cuts $17.1 billion from do- side of the children. That is the choice report the purpose of these aircraft is mestic programs, but nothing from the 1995 I have given to my colleagues. I hope defense budget. A toned-down Senate to ‘‘provide efficient transportation of version, which trims $13.3 billion, also ex- that this amendment will be accepted key command and staff personnel.’’ empts defense. and that we will not have a fight over I want to point out that in today’s In separate, supplemental legislation, the it because I really think for anyone Washington Post, on the Federal page, House and Senate did propose defense cuts of who listens to these arguments, it is is an article about what a mess the $1.4 billon and $1.9 billion, respectively, in al- clear that these airplanes are not need- military transport situation is in. locating emergency funds to replenish Pen- ed and are not warranted. This money Thankfully, Senator COHEN is on top of tagon coffers. The House cut $502 million can be put to much better use. the situation. We can save a lot of from the administration’s technology rein- I also want to point out this chart vestment program, which helps defense com- money in military transportation. We panies convert to civilian production. that I have that shows where we are. It do not need to spend this money on But almost all of the projects added by shows that the rescission bills consid- these two aircraft. The Army can do members last fall to the 1995 defense budget ered by the Senate have slashed domes- without private planes for the top have so far survived. A House-Senate con- tic spending, and only nicked military brass. These aircraft are not essential ference on the recisions bill, scheduled to spending. to any military mission. begin Wednesday, will be the last chance to We see here that, of the discretionary But computers are essential for the kill these ‘‘add-ons’’ for fiscal 1995. budget, military makes up 49 percent; educational mission that we should be Hawaii, the home state of Sen. Daniel K. Inouye (D), then chairman of the Senate Ap- international, or foreign aid, 4 percent; supporting. Again, Washington Post, propriations defense subcommittee, got more and domestic spending, 47 percent. Tuesday: than the Small Business Center among the And look at this chart, which shows Congress Protects Pork in Pentagon earmarked projects. There was $56.4 million what we have cut in these rescissions Spending. Budget Cutters Spare ’95 Defense earmarked for the Pacific Missile Range; $13 bills. We have slashed domestic spend- Plan. million for a high-performance computer fa- ing; 84 percent of all the rescissions These aircraft are specifically listed cility on Maui; $10 million to home port two have come from domestic spending. in this article as an example of defense transport vessels in Pearl Harbor; and addi- The military took a hit of 14 percent. tional funds for Hawaii-based military med- pork. ical facilities. And international took 2 percent. I ask unanimous consent the entire A House-Senate report specifically stipu- My amendment is not going to cure article be printed in the RECORD. lated that the Maui facility be exempted all of that. It is just a small, little, There being no objection, the article from reductions that were being applied to symbolic amendment, but I think it is was ordered to be printed in the other such computer facilities. very, very important. RECORD, as follows: The $3.5 million for a drug offender’s boot camp in Cook County originated with a re- What my amendment does is restore CONGRESS PROTECTS PORK IN PENTAGON quest by the sheriff to then-House Ways and the rescissions from the Star Schools SPENDING—BUDGET CUTTERS SPARE 1995 Means Committee Chairman Dan Rosten- Program and the Education Tech- DEFENSE PLAN nology Program—$5 million each. kowski (D-Ill.), according to a congressional (By Walter Pincus and Dan Morgan) source. Again, it would cut out those two air- Before Congress adjourned last year it Rostenkowski arranged for language to be craft—not requested by the military, I passed a $243 billion defense appropriations inserted in the defense bill while it was be- underscore—but approved by the Con- bill containing dozens of ‘‘pork barrel’’ fore House-Senate conferees—after the meas- gress as an unrequested add-on last projects for members’ home states, as well as ure had already been before the House and year. numerous non-defense programs that could Senate for a vote. I think it is important to note that if not get funded in other spending bills. The conferees directed ‘‘that the Depart- you go around to the schools in your Among them were $5.4 million for Hawaii’s ment of Defense provide assistance to the Small Business Development Center; $3.5 county sheriff’s office in the planning of a States you will find in many of the million for a Cook County, Ill., military- military-style regime and curriculum at the classrooms a reliance on chalk and the style boot camp for youthful drug offenders; facility.’’ blackboard. Of course we will always $10 million for a National Guard outreach In a similar, if more traditional vein, then- have that. But we need to see more program to help Los Angeles youth; and $1.5 Senate Minority Leader Robert J. Dole (R-

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4894 CONGRESSIONAL RECORD — SENATE March 30, 1995 Kan.) arranged to earmark $11 million in the what is required for our regionally oriented The legislative clerk proceeded to same defense bill for the Army to purchase strategy. The current excess is compounded call the roll. additional executive jet aircraft from a Kan- by the fact that Congress continues to re- sas corporation that produces Lear jets. quire the services to purchase OSA aircraft, Mrs. BOXER. Mr. President, I ask ‘‘It’s like a disease,’’ said McCain. ‘‘It’s neither requested nor needed. unanimous consent that the order for never static. It gets worse or you kill it.’’ General Powell concludes his report the quorum call be rescinded. McCain complained during a Senate floor with this recommendation: The PRESIDING OFFICER. Without debate March 16 that the current round of OSA aircraft are in excess of wartime budget cuts ‘‘does not rescind Defense De- objection, it is so ordered. needs and should be reduced. partment support [$15.4 million] for the Mrs. BOXER. Mr. President, I ask Olympics and other sporting Yet, despite General Powell’s rec- unanimous consent to add as cospon- ommendation, Congress voted to ac- events***does not touch congressional sors to my amendment Mr. BINGAMAN, add-ons for excess [National] Guard and Re- quire two more of these aircraft. Our Mr. KERREY of Nebraska, Mr. serve equipment, and does not rescind any of country does not need these planes. WELLSTONE, Mr. DODD, and Mr. BUMP- the nearly $1 billion in congressionally added Colin Powell says we do not need these ERS. military construction projects, much less planes. Senator WARNER says we do not funding for projects on bases slated for clo- need these plans. Senator MCCAIN says The PRESIDING OFFICER. Without sure.’’ we do not need these planes. objection, it is so ordered. As budget rules have clamped ceilings on small, non-defense appropriations bills, the We see articles where the transpor- Mrs. BOXER. I reserve the remainder annual defense appropriation bill increas- tation in the military is costing too of my time. much money. Yet we are taking away ingly has been viewed as a bank of last re- I suggest the absence of a quorum. sort for programs and projects once handled computers from the classroom, we are in those smaller measures. stopping the Star Schools Program. I The PRESIDING OFFICER. The For example, the Bureau of Land Manage- cannot imagine why we would want to clerk will call the roll. ment used to handle the roundup of wild do this. The legislative clerk proceeded to horses on the White Sands proving grounds. I want to tell my colleagues in my call the roll. The animals would be turned over to New time remaining about the Star Schools Mexico prisoners to be broken and sold. BLM Program and the computers in the Mr. HATFIELD. Mr. President, I ask discontinued the program last year because classroom. Since the Star Schools pro- unanimous consent that the order for it was too expensive, according to a spokes- the quorum call be rescinded. man for Sen. Pete V. Domenici (R-N.M.). gram began in 1988, more than 200,000 Domenici, who chairs the Senate Budget students and 30,000 teachers have par- The PRESIDING OFFICER. Without Committee, and New Mexico Rep. Joe Skeen ticipated in projects in 48 States. The objection, it is so ordered. (R), a member of the House Appropriations projects are designed to improve class- Mr. HATFIELD. Mr. President, I do Committee, collabroated to get the $1.5 mil- room instruction through distance edu- not want to get into a long dissertation lion put into last year’s defense bill to pick cation technologies. The $5 million re- about a detailed problem of procedure. up the slack, the spokesman said. scission proposed in this bill would Domenici arranged to have $20 million Once you start having to explain the eliminate these high-technology edu- process of procedure, you have one added to the same defense bill for an addi- cation services from 5,000 students. tional neutron accelerator project at the Los hand tied behind you. But I want to say Alamos Laboratory in his state, after money And why? So that we can fly military to the Senator from California that top brass in brand new executive jets? appropriated in the energy spending bill ran what she is attempting to do certainly out last year. I hope not. In my own State of California, the represents her perspective, her point of ‘‘There was no other place to go,’’ said a view and, I think, her priorities. I am congressional aide. Los Angeles County Office of Edu- cation has provided live interactive not going to argue that point because Mrs. BOXER. Mr. President, last year we probably have a set of priorities. I received a letter as did all of my col- math and science instruction via sat- leagues, from two senior members of ellite to students in grades 4 through 7. But let me tell you where we are at the Armed Services Committee, Sen- This course is beamed into 766 class- this moment in this, the defense sup- ator MCCAIN and Senator WARNER. In rooms in large school districts plemental, that has just been passed by that letter these distinguished Sen- throughout the State of California and the House and the Senate, which we ators eloquently argued for a strong in 18 other States. It reaches an amaz- were hoping to have resolved as of national defense and offered an action ing 125,000 students. today. program for congressional action this Why do we want to hurt this pro- We are running into difficulties on gram? We do not have to. Cut the year. this because we are insisting on the planes for the military brass. They can Predictably, I agreed with some of Senate side, where we came to the floor find another way to travel and we can their arguments and disagreed with with a supplemental and we had every save this program. We can save com- others. But one of their arguments dollar of that supplemental increase puters in the classroom. Did you ever struck me as particularly poignant. for the defense offset so as not to cre- go into these classrooms where the Let me read from their letter. They kids have these computers? They are so ate any additional deficit from the wrote that Congress must: interested in school, suddenly. I urge military accounts, from the defense ac- . . . attack pork and wasteful programs. We my colleagues to do that. Yet we are counts. We have been going through a need to eliminate wasteful pork-barrel cutting computers out of the class- historic argument about firewalls, spending. This effort should include legisla- room, and we can restore those funds. transferring discretionary defense to tive action to terminate the following pro- nondefense discretionary programs, grams. In closing let me say this. This is a transfer amendment I hope everyone in and vice versa. Among the programs listed are these the Senate will support. We are simply So we are holding tough right now executive transport aircraft. These two cutting two military aircraft to pro- with the House of Representatives that Senators, my Republican friends, Sen- vide for luxury travel for the top mili- have offset their larger military sup- ator WARNER and Senator MCCAIN tary brass in exchange for putting com- plemental with both military accounts wrote: puters into the schools and funding the and nondefense accounts in the discre- Fiscal year 1995 savings of $11 million, re- Star Schools Program. I hope the tionary programs. scind fiscal year 1995 appropriation for exec- chairman of the Appropriations Com- From that standpoint we right now utive jets. mittee and I can work this out. I hope If that is not enough, let me read the are at a stalemate because the House we can be together on this. wants to offset some of the defense in- words of Gen. Colin Powell, the highly I reserve the remainder of my time. respected former Chairman of the Joint Mr. HATFIELD. Mr. President, I sug- creases with nondefense programs. Chiefs. In his 1993 report on the roles gest the absence of a quorum, time to So, consequently, from the stand- and missions of the Armed Forces, be charged equally. point of where we are in that par- General Powell wrote: The PRESIDING OFFICER. Without ticular problem, we cannot accept this The current inventory of operational air- objection, it is so ordered. The clerk amendment—I am now speaking as an craft built to support a global war exceeds will call the roll. appropriator—we cannot accept this

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4895 because we are, in a sense, contra- Some of our colleagues are saying to us Mr. LOTT. I announce that the Sen- dicting our position that we have but that is not truly a defense expendi- ator from North Carolina [Mr. FAIR- taken in the conference process. ture. It is being charged against the CLOTH] is necessarily absent. Mrs. BOXER. Mr. President, will the military in the way we budget our ex- I also announce that the Senator Senator be willing to yield for just a penditures. But that is not truly a de- from Kansas [Mrs. KASSEBAUM] and the moment? Because I know the Senator fense item. And why should the mili- Senator from Minnesota [Mr. GRAMS] is going to move to table, I would like tary bear the brunt of these more polit- are absent due to a death in the family. to make a minute’s worth of comments ical foreign policy actions. Mr. FORD. I announce that the Sen- before that motion is made. And, of course, they have been con- ator from Montana [Mr. BAUCUS], the Mr. HATFIELD. Mr. President, the ducted oftentimes with little or no con- Senator from North Dakota [Mr. statement I have made just now, sultation with the Congress. So what CONRAD], and the Senator from North whether it is $10 million or $5 million happens is those commitments are Dakota [Mr. DORGAN] are necessarly or $20 million, is still the same basic made. Those policies are executed. And absent. issue; that is, we are taking military all of a sudden we get the bill. No au- The PRESIDING OFFICER (Mr. accounts and we are moving parts of thorization. No action by the Congress. ASHCROFT). Are there any other Sen- those military accounts into non- This has not happened just in this ad- ators in the Chamber who desire to military programs. ministration. It has happened over the vote? Mrs. BOXER. I understand. I ask, years. But I do think that at one point The result was announced—yeas 45, would the Senator yield? I was won- in time we better start charging to the nays 49, as follows: dering if I could make a minute’s Defense Department those things that [Rollcall Vote No. 122 Leg.] worth of comments before the Senator are exclusively national defense and YEAS—45 moves to table my amendment. take peacekeeping and humanitarian Akaka Feinstein Mack Mr. HATFIELD. I would be very and all these other types of things that Bennett Frist McConnell happy to yield, and if the Senator we are involved in and call them some- Bingaman Gorton Mikulski needs time, I am happy to yield time thing else and charge them maybe to a Bond Grassley Moynihan Boxer Gregg Murkowski for her closing comments. broader base of accounts than in the Burns Hatch Murray Mrs. BOXER. I thank the Senator Defense Department. Byrd Hatfield Packwood very much. I will close in just a I am not saying how it should be han- Campbell Heflin Pressler minute. Coats Hutchison Santorum dled, but we are really in a hybrid situ- Cochran Inouye Sarbanes I understand exactly what the Sen- ation of trying to pay in the military Coverdell Johnston Shelby ator is telling me. But I have to say to appropriation for those actions that Craig Kempthorne Specter my friend that the average American are not strictly defense, a mission of D’Amato Kyl Stevens Dole Lott Thompson watching this debate is not pursuaded our Defense Department. So I only add Domenici Lugar Thurmond by procedural arguments. The Amer- to the complexity of trying to separate NAYS—49 ican people pay taxes and work awfully these funds between military and non- hard to pay them. They will be very military discretionary. Abraham Graham Nickles disappointed to learn that there are Ashcroft Gramm Nunn If the Senator has no further com- Biden Harkin Pell two military aircraft to transport top ments to make, I would now move to Bradley Helms Pryor brass that have been ordered by this table the Boxer amendment, and I ask Breaux Hollings Reid Congress even though the Pentagon did Brown Inhofe Robb for the yeas and nays. Bryan Jeffords not want them. Aircraft that have been The PRESIDING OFFICER. Is there a Rockefeller Bumpers Kennedy Roth ARNER Chafee Kerrey called pork by Senator W , Sen- sufficient second? Simon Cohen Kerry ator MCCAIN, the Washington Post, and There appears to be a sufficient sec- Simpson Daschle Kohl Smith others. Even Colin Powell has stated ond. DeWine Lautenberg we have no need for these planes. Yet The yeas and nays were ordered. Dodd Leahy Snowe because of this procurement, we are Mr. HATFIELD. Now, Mr. President, Exon Levin Thomas Warner taking computers out of the class- let me ask the parliamentary situa- Feingold Lieberman Ford McCain Wellstone rooms, we are hurting our children, I tion. Unanimous consent was made on Glenn Moseley-Braun just think, regardless of the procedural the basis of the two votes, one relating NOT VOTING—6 arguments that I know my friend has to the Kerrey amendment and now to made because he in his role must make the Boxer amendment, to be stacked Baucus Dorgan Grams Conrad Faircloth Kassebaum that argument, I still believe that we and those rollcalls should occur in se- should not table this amendment. I quence? So the motion to table the amend- think the bottom line is whether you The PRESIDING OFFICER. The ment (No. 435) was rejected. want pupils or you want pork. I hope question first will occur on amendment Mr. KERREY. Mr. President, I move that my colleagues will stand on the No. 435, the amendment of the Senator to reconsider the vote. substance of the issue and not vote on from Nebraska, and then on amend- Mr. GLENN. I move to lay that mo- the process. ment No. 436, the amendment of the tion on the table. I thank my friend for being so gen- Senator from California. The motion to lay on the table was erous with his time in helping me with Mr. HATFIELD. Has the motion to agreed to. my amendment. table the Kerrey amendment been VOTE ON AMENDMENT NO. 436 Mr. HATFIELD. Mr. President, how made? The PRESIDING OFFICER. Under much time remains? The PRESIDING OFFICER. That mo- the previous order, the vote will now The PRESIDING OFFICER. The Sen- tion has not yet been made. occur on the motion to table the Boxer ator from Oregon has 41⁄2 minutes. Mr. HATFIELD. Mr. President, I now amendment. The yeas and nays have Mr. HATFIELD. Mr. President, I move to table the Kerrey amendment, been ordered. would like to comment on another part and I ask for the yeas and nays. The clerk will call the roll. of the problem. Again, we are not in a The PRESIDING OFFICER. Is there a The bill clerk called the roll. position to solve some of these prob- sufficient second? Mr. LOTT. I announce that the Sen- lems immediately, but I hope as far as It appears that there is a sufficient ator from North Carolina [Mr. FAIR- the future is concerned, that we could second. CLOTH] is necessarily absent. get some very careful consideration by The yeas and nays were ordered. I also announce that the Senator the administration. The problem is, we The PRESIDING OFFICER. The from Minnesota [Mr. GRAMS] and the are dealing with a supplemental appro- question is on agreeing to the motion Senator from Kansas [Mrs. KASSEBAUM] priations for the military, for the De- to table the amendment No. 435. The are absent due to a death in the family. fense Department, for matters relating yeas and nays have been ordered. The Mr. FORD. I announce that the Sen- to Bosnia, to Haiti, to North Korea, clerk will call the roll. ator from Montana [Mr. BAUCUS], the and to other such areas of the world. The legislative clerk called the roll. Senator from North Dakota [Mr.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4896 CONGRESSIONAL RECORD — SENATE March 30, 1995 CONRAD] and the Senator from North Alabama: Nevada: Dakota [Mr. DORGAN] are necessarily Montgomery, U.S. Courthouse annex, Las Vegas, U.S. Courthouse, $4,230,000 absent. $46,320,000 Reno, Federal building—U.S. Courthouse, The PRESIDING OFFICER (Mr. Arkansas: $1,465,000 Little Rock, Courthouse, $13,816,000 New Hampshire: FRIST). Are there any other Senators in Arizona: Concord, Federal building—U.S. Court- the Chamber desiring to vote? Bullhead City, FAA grant, $$2,200,000 house, $3,519,000 The result was announced—yeas 48, Lukeville, commercial lot expansion, New Jersey: nays 46, as follows: $1,219,000 Newark, parking facility, $9,000,000 [Rollcall Vote No. 123 Leg.] Nogales, Border Patrol, headquarters, Trenton, Clarkson Courthouse, $14,107,000 $2,998,000 New Mexico: YEAS—48 Phoenix, U.S. Federal Building, Court- Albuquerque, U.S. Courthouse, $47,459,000 Ashcroft Grassley Murkowski house, $121,890,000 Santa Teresa, Border Station, $4,004,000 Bennett Gregg Nickles San Luis, primary lane expansion and ad- New York: Bond Hatch Nunn ministrative office space, $3,496,000 Brooklyn, U.S. Courthouse, $43,717,000 Brown Hatfield Packwood Holtsville, IRS Center, $19,183,000 Burns Heflin Pressler Sierra Vista, U.S. Magistrates office, Byrd Helms Roth $1,000,000 Long Island, U.S. Courthouse, $27,198,000 Chafee Hutchison Santorum Tucson, Federal Building, U.S. Courthouse, North Dakota: Coats Inhofe Shelby $121,890,000 Fargo, Federal building-U.S. Courthouse, Cochran Inouye Simpson California: $20,105,000 Coverdell Jeffords Smith Menlo Park, United State Geological Sur- Pembina, Border Station, $93,000 Craig Kempthorne Specter vey office laboratory building, $6,868,000 Ohio: D’Amato Lieberman Stevens Sacramento, Federal Building-U.S. Court- Cleveland, Celebreeze Federal building, Dole Lott Thomas $10,972,000 Domenici Lugar Thompson house, $142,902,000 Frist Mack Thurmond San Diego, Federal building-Courthouse, Cleveland, U.S. Courthouse, $28,246,000 Gramm McConnell Warner $3,379,000 Steubenville, U.S. Courthouse, $2,820,000 San Francisco, Lease purchase, $9,702,000 Youngstown, Federal Building-U.S. Court- NAYS—46 San Francisco, U.S. Courthouse, $4,378,000 house, $4,574,000 Abraham Feinstein McCain San Francisco, U.S. Court of Appeals Oklahoma: Akaka Ford Mikulski annex, $9,003,000 Oklahoma City, Murrah Federal building, Biden Glenn Moseley-Braun San Pedro, Customhouse, $4,887,000 $5,290,000 Bingaman Gorton Moynihan Oregon: Boxer Graham Colorado: Murray Denver, Federal building-Courthouse, Portland, U.S. Courthouse, $5,000,000 Bradley Harkin Pell Breaux Hollings $8,006,000 Pennsylvania: Pryor Philadelphia, Byrne-Green Federal build- Bryan Johnston Reid District of Columbia: Bumpers Kennedy ing-Courthouse, $30,628,000 Robb Central and West heating plants, $5,000,000 Campbell Kerrey Rockefeller Corps of Engineers, headquarters, Philadelphia, Nix Federal building-Court- Cohen Kerry Sarbanes $37,618,000 house, $13,814,000 Daschle Kohl Simon General Services Administration, South- Philadelphia, Veterans Administration, DeWine Kyl $1,276,000 Dodd Lautenberg Snowe east Federal Center, headquarters, $25,000,000 Exon Leahy Wellstone U.S. Secret Service, headquarters, Scranton, Federal Building-U.S. Court- Feingold Levin $113,084,000 house, $9,969,000 Florida: Rhode Island: NOT VOTING—6 Ft. Myers, U.S. Courthouse, $24,851,000 Providence, Kennedy Plaza Federal Court- Baucus Dorgan Grams Jacksonville, U.S. Courthouse, $10,633,000 house, $7,740,000 Conrad Faircloth Kassebaum Tampa, U.S. Courthouse, $14,998,000 South Carolina: So the motion to lay on the table the Georgia: Columbia, U.S. Courthouse annex, $592,000 amendment (No. 436) was agreed to. Albany, U.S. Courthouse, $12,101,000 Tennessee: Greeneville, U.S. Courthouse, $2,936,000 Mr. DOLE. Mr. President, I move to Atlanta, Centers for Disease Control, site acquisition and improvement, $25,890,000 Texas: reconsider the vote. Atlanta, Centers for Disease Control, Austin, Veterans Administration annex, Mr. NICKLES. I move to lay that mo- $14,110,000 $1,028,000 tion on the table. Atlanta, Centers for Disease Control, Roy- Brownsville, U.S. Courthouse, $4,339,000 The motion to lay on the table was bal Laboratory, $47,000,000 Corpus Christi, U.S. Courthouse, $6,446,000 agreed to. Savannah, U.S. Courthouse annex, Laredo, Federal building-U.S. Courthouse, $5,986,000 AMENDMENT NO. 435 TO AMENDMENT NO. 420 $3,000,000 Hawaii: Lubbock, Federal building-Courthouse, The PRESIDING OFFICER. The Hilo, federal facilities consolidation, $12,167,000 question occurs on the Kerrey amend- $12,000,000 Ysleta, site acquisition and construction, ment. Illinois: $1,727,000 The Senator from Oregon. Chicago, SSA DO, $2,167,000 U.S. Virgin Islands: Charlotte Amalie, St. Thomas, U.S. Court- AMENDMENT NO. 437 TO AMENDMENT NO. 435 Chicago, Federal Center, $47,682,000 house, $2,184,000 Mr. HATFIELD. Mr. President, I be- Chicago, Dirksen building, $1,200,000 Chicago, J.C. Kluczynski building, Virginia: lieve there is a second-degree amend- $13,414,000 Richmond, Courthouse annex, $12,509,000 ment of Senator SHELBY. I ask for its Indiana: Washington: immediate consideration. Hammond, Federal Building, U.S. Court- Blaine, Border Station, $4,472,000 The PRESIDING OFFICER. The house, $52,272,000 Point Roberts, Border Station, $698,000 clerk will report. Jeffersonville, Federal Center, $13,522,000 Seattle, U.S. Courthouse, $10,949,000 The legislative clerk read as follows: Kentucky: Walla Walla, Corps of Engineers building, Covington, U.S. Courthouse, $2,914,000 $2,800,000 The Senator from Alabama [Mr. SHELBY] London, U.S. Courthouse, $1,523,000 West Virginia: proposes an amendment numbered 437 to Louisiana: Beckley, Federal building-U.S. Courthouse, amendment No. 435. Lafayette, U.S. Courthouse, $3,295,000 $33,097,000 Mr. HATFIELD. Mr. President, I ask Maryland: Martinsburg, IRS center, $4,494,000 unanimous consent that reading of the Avondale, DeLaSalle building, $16,671,000 Wheeling, Federal building-U.S. Court- amendment be dispensed with. Bowie, Bureau of Census, $27,877,000 house, $35,829,000 Nationwide chlorofluorocarbons program, The PRESIDING OFFICER. Without Prince Georges/Montgomery Counties, FDA consolidation, $284,650,000 $12,300,000 objection, it is so ordered. Woodlawn, SSA building, $17,292,000 Nationwide energy program, $15,300,000 The amendment is as follows: Massachusetts: UNANIMOUS-CONSENT AGREEMENT In lieu of the language proposed to be in- Boston, U.S. Courthouse, $4,076,000 Mr. HATFIELD. Mr. President, I serted, insert the following: Missouri: would like to have the attention of the Of the funds made available under this Cape Girardeau, U.S. Courthouse, $3,688,000 heading in Public Laws 101–136, 101–509, 102– Kansas City, U.S. Courthouse, $100,721,000 Senate in order to get our schedule for 27, 102–141, 103–123, 102–393, 103–329, Nebraska: the next few hours. $1,842,885,000 are rescinded from the following Omaha, Federal Building, U.S. Courthouse, Mr. President, I am going to pro- projects in the following amounts: $9,291,000 pound a unanimous-consent agreement,

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4897 first of all to set aside the D’Amato about 9:40. So, may I get a little flexi- package, this at least, it seems to me, amendment temporarily in order to bility there—between 9:30 and 9:45. will now decrease that by $1.8 billion. I take up other amendments. I make Mr. DODD. Mr. President, reserving believe that this is wise given the fact that request. again the right to object, under- that we are going to be cutting, we are The PRESIDING OFFICER. Without standing at the end of that we would going to be taking up amendments im- objection, it is so ordered. begin the D’Amato amendment? mediately following this that have to Mr. HATFIELD. Mr. President, I now Mr. HATFIELD. Right back on the do with low-income energy assistance propound a unanimous-consent agree- D’Amato amendment. and it will not be the last time that we ment as follows: that the Shelby The PRESIDING OFFICER. Without visit a program where real people are amendment in the second degree to the objection, it is so ordered. going to have their lives affected in Kerrey amendment be given a half- Mr. CHAFEE. Could I direct a ques- rather serious fashion. This, it seems hour time agreement; that the Kyl tion to the manager of the bill? At the to me, is setting our priorities amendment which relates to low in- conclusion of the voting are we straight. come energy assistance be given a half- through for the evening? I am pleased that the distinguished hour, time to be equally divided; a Reid Mr. HATFIELD. No. It depends on Senator from Alabama is offering it as amendment—and may I inquire, again how many other amendments there a second-degree amendment, and I am the subject I do not have? are. We will continue. We will continue pleased to urge my colleagues to sup- Mr. REID. Mr. Chairman that is to to do the business of the Senate and be port it strongly. take money from the civilian nuclear ready for all amendments. Mr. SHELBY. Mr. President, I yield 5 waste fund and put it in the commu- Mr. SHELBY addressed the Chair. minutes to the Senator from Indiana. nity, and the second is the same except The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- to put it in rural health programs. ator from Alabama. ator from Indiana is recognized. Mr. HATFIELD. The two Reid AMENDMENT NO. 437 TO AMENDMENT NO. 435 Mr. COATS. Mr. President, appar- amendments each be given 40 minutes Mr. SHELBY. Mr. President, the ently through an oversight, mistake, equally divided; and that votes on all amendment, which is the second-degree or some other reason, there are court- these amendments at the time of a amendment that I have offered, would houses that did not meet any of the rollcall, if necessary, begin at 9:30 p.m. basically say that all new construction criteria set out by the Senator from So we would be stacking each of these projects under the General Services Nebraska but nevertheless made the se- amendments to be voted on if a rollcall Administration, the Federal buildings lected list that was the subject of the is required. fund, construction and repair projects, last amendment. One of those was in I ask that there be no second-degree where no earth has been turned, no Hammond, IN, the Hammond court- amendments in order prior to a motion overt things have been done as far as house. Selected criteria indicated that to table. repairs on the building as yet—in other those on the list were not requested by Mr. MCCAIN. Reserving the right to words, nothing done—this would basi- the General Services Administration. object. cally total 1.84 billion dollars’ worth of The Hammond courthouse was re- Mr. DODD. Reserving the right to ob- projects in not every State but a lot of quested by GSA. I quote from their reject. States in the Union, including my port: Mr. MCCAIN. I would like to add an State of Alabama where we have a Fed- The purpose and need determination, and amendment, depending on the outcome eral courthouse ready to go with a $46 the . . . building project survey lead to the of the Shelby amendment on that list. million projected cost—we have the conclusion that a new Federal building with Mr. DODD. Reserving the right to ob- list—would be knocked out of the ap- expanded courtroom space is required to ject, Mr. President. propriations bill. They would be gone. serve Lake and Porter Counties, Indiana. It Mr. HATFIELD. I would like to was also subject to the timeout process an- I will just list them basically. other criteria projects were not supposed to amend my request, on the contingency Montgomery, AL, courthouse, $46 have met if they were on the list. of how the Shelby amendment turns million. That is the first one. Little I quote again: out, the Senator from Arizona [Mr. Rock, AR, courthouse, $13 million; Judicial requirements for Hammond have MCCAIN] be recognized for 10 minutes. Bullhead City, AZ, FAA grant, actually grown since the initial timeout re- I ask unanimous consent that time $2,200,000; Nogales, AZ, Border Patrol view. Savings to be identified from applica- on the pending amendments prior to headquarters, $2,998,000; Phoenix, AZ, tion of value engineering techniques during the motion to table be equally divided courthouse, $121,890,000; Sierra Vista, the construction phase of this project will in the usual form and no second-degree AZ, magistrates office, $1 million; the permit us to satisfy these additional require- amendments be in order prior to a mo- Tucson, AZ, courthouse, $121.8 million; ments without requesting any additional tion to table. Sacramento, CA, courthouse, $142.9 funds. Mr. DODD. Reserving the right to ob- million; San Francisco, CA, lease-pur- That was stated in a letter from the ject. chase $9 million; San Francisco, CA, GSA Administrator Roger Johnson. The PRESIDING OFFICER. The Sen- courthouse, $4 million; the Wash- The amendment purported to target ator from Connecticut. ington, DC, U.S. Secret Service head- projects that the agencies did not re- Mr. DODD. Just to clarify, I ask, Mr. quarters, $113 million; and the list goes quest or need. However, as I just point- President, whether or not at the expi- on and on. ed out, this particular project and oth- ration of this entire time we would We have included in there Prince ers, such as an Arizona project which then—the D’Amato amendment would Georges/Montgomery County, MD, the Senator from Arizona pointed out be the pending business, at the conclu- FDA consolidation, $284 million. to me, did not meet any of the criteria sion of those rollcall votes beginning at It says that we are going to save this set forth by the Senator from Nebraska 9:30? I pose that as a question, Mr. money, at least temporarily, until GSA but were included on the list. I do not President. says we are ready to go. As I said, it is know why they were included on the Mr. HATFIELD. I am sorry? $1.842 billion. list. I do not know if it was a mistake. Mr. DODD. I was inquiring whether I think the Senator from Nebraska But I know there were other projects or not it is the Senator’s intention at will join me in this amendment. But I that did meet the criteria but were not the conclusion of the rollcall votes if will leave that up to him. included on the list. necessary, at 9:30, that the pending Mr. KERREY addressed the Chair. I am not going to speculate why they business would then once again be the The PRESIDING OFFICER. The Sen- were not on the list. Nevertheless, be- D’Amato amendment? ator from Nebraska. cause the motion to table was not Mr. HATFIELD. The Senator is cor- Mr. KERREY. I thank the Chair, and agreed to, which would have given us rect. I thank the distinguished Senator from an opportunity to construct an accu- Let me make an amendment. I said Alabama. rate list, we now have an amendment 9:30. If we add up these times, if all is Having gained majority support for before us which will rescind funding for used—I am hoping some of the time an amendment that added approxi- all projects in which construction has might be yielded back—it would be mately $300 million to the rescissions not started. That I would suggest

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4898 CONGRESSIONAL RECORD — SENATE March 30, 1995 would save a considerable amount of It is one criterion. In my Dear Col- Thousands money. league letter I listed four, and even San Francisco, CA Courthouse 4,378 The Senator from Alabama has read Washington, DC, USSS HQ ...... 113,084 there, I must say, at some point you do Washington, DC, Corps of Eng some of those courthouses, frankly, become arbitrary. HQ ...... 37,618 many of which met the criteria out- The distinguished Senator from Ala- Ft. Myers, FL, Courthouse ...... 25,851 lined by the Senator from Nebraska bama in offering his own arguments Jacksonville, FL Courthouse .... 10,633 but somehow were not on the list. It is against the underlying amendment in- Albany, GA Courthouse ...... 12,101 a little bit puzzling to this Senator dicated as much is the case. It is abso- Atlanta, GA CDC Laboratory ... 47,000 how projects that did not meet the cri- lutely the case. At some point we do Atlanta, GA CDC Mercer office bldg ...... 40,000 teria to be rescinded outlined by the try to make good judgments based Savannah, GA Courthouse ...... 3,000 Senator from Nebraska made the list upon what we think is fair. And obvi- Hilo, HA facility consolidation 12,000 but projects that did meet the criteria ously, if it hits us, it does not quite Chicago, SSA offices ...... 2,167 were not on the list. sound fair. I understand that. Hammond, IN Courthouse ...... 52,272 This amendment offered by Senator We try, I would say to my friend Covington, KY Courthouse ...... 2,914 SHELBY is about fairness. The Senator from Indiana, to be fair. And as I said London, KY Courthouse ...... 1,523 Lafayette, LA Courthouse ...... 3,295 from Nebraska’s capricious standards earlier, I am quite pleased that instead Bowie, MD Census building ...... 27,877 were not applied uniformly and singled of $300 million, we now have before us PG/Montgomery Counties, MD out particular projects that did not $1.8 billion. The question must fall to FDA cons ...... 284,650 even meet the standards set forth. If all of us with this second-degree Cape Girardeau, MO Courthouse 3,688 Senator KERREY’s purpose is to save amendment. What happens to the coun- Kansas City, MO Courthouse .... 100,721 taxpayer dollars, which is a commend- try if this $1.8 billion is not spent. Omaha, NE Courthouse ...... 9,291 Newark, NJ Parking facility .... 9,000 able purpose, then everything should In comparison to other things that Albuquerque, NM Courthouse ... 47,459 be on the table as it is in Senator we are going to be considering not only Las Vegas, NV Courthouse ...... 4,230 SHELBY’s amendment. Then we are in this rescission package but later on Brooklyn, NY Courthouse ...... 43,717 talking about big money. I will just in the budget resolution when the dis- Long Island, NY Courthouse ..... 27,198 read a few of the several that would tinguished Senator from New Mexico Fargo, ND Courthouse ...... 20,105 Pembina, ND Border Station .... 93 really save the taxpayers money. finishes his work, I suspect that we are Cleveland, OH Courthouse ...... 28,246 The courthouse project in Sac- going to look back upon this as a rath- Steubenville, OH Courthouse .... 2,820 ramento, CA, $142.9 million, Wheeling, er small item in comparison and say Youngstown, OH Courthouse .... 4,574 WV, courthouse, $35.8 million; Brook- that it was good policy the distin- Scranton, PA Courthouse ...... 9,969 lyn, NY, $43.7 million; Fargo, ND, $20.1 guished Senator from Alabama rose Columbia, SC Courthouse annex 592 Greeneville, TN Courthouse ..... 2,936 million; and the list goes on. In fact, and put another $1.5 billion on the Austin, TX VA annex ...... 1,028 there are a number of courthouses in- table. Brownsville, TX Courthouse ..... 4,339 cluded in the current amendment that So I hope my colleagues will when Corpus Christi, TX Courthouse 6,446 have not even been authorized. We are the time comes support the amend- Laredo, TX Courthouse ...... 5,986 going to take them all now. We are just ment of the Senator from Alabama. Highgate Springs, VT Border going to sweep the whole bundle as Mr. SHELBY. Mr. President, I just Station ...... 7,085 want to remind my colleagues that ini- Blaine, WA, Border Station ...... 4,472 long as construction has not started. Point Roberts, WA Border Sta- We are going to take the whole bun- tially in the committee we had cut ap- tion ...... 698 dle. I regret that those projects which proximately $75 million perhaps more Seattle, WA Courthouse ...... 10,949 GSA has approved, which GSA sub- than the House. We thought in the Beckley, WV Courthouse ...... 33,097 jected to time out and review process, committee, as I said earlier, that we Martinsburg, WV IRS Center .... 4,494 which GSA has certified are legitimate were trying to be fair in the process. I Wheeling, WV Courthouse ...... 35,829 projects, are going to be included in thought the earlier amendment, the 1,531,227 this amendment. But if we are going to Kerrey amendment was selective and Repair and alteration projects include those, then for sure we are aimed at selected projects. So I where contracts have not going to include every project equi- thought only to be fair is to take ev- been let: tably. Quite frankly, if the Senator erything including my own courthouse San Diego, CA FB/CH ...... 3,379 from Nebraska’s criteria was actually in Montgomery, AL. And if the Senate, San Pedro, CA Customhouse .... 4,887 Menlo Park, CA USGS office .... 6,868 followed in the list he submitted then Mr. President, wants spending cuts in Denver, CO FB/CH ...... 8,006 it would have been a good amendment. Federal buildings which affects just Chicago, IL Federal Center ...... 47,682 But it is not right or fair for the Sen- about every State, then they can go Chicago, IL Dirksen building .... 1,200 ator from Nebraska to claim that all with the $1.8 billion cut the Shelby Chicago, J.C. Kluczynski build- the projects on the list met the criteria amendment offers. ing ...... 13,414 Mr. President, I ask unanimous con- Jeffersonville, IN Federal Cen- because they did not. ter ...... 13,522 And again I wish to say it is a mys- sent that this list of projects that I al- Avondale, MD DeLaSalle build- tery as to why some courthouses in luded to earlier, ‘‘General Services Ad- ing ...... 16,674 California, North Dakota, West Vir- ministration Federal Buildings Fund Woodlawn, MD SSA building .... 17,292 ginia, and other States were not on Construction and Repair Projects,’’ be Trenton, NJ Clarkson CH ...... 14,107 that list when they clearly met the cri- printed in the RECORD. Holtsville, NY IRS Center ...... 19,183 There being no objection, the list was Cleveland, OH Celebreeze FB .... 10,972 teria established for rescission outlined Oklahoma City, OK Murrah FB 5,290 by the Senator from Nebraska, and ordered to be printed in the RECORD, as Philadelphia, PA Byrne-Green others that clearly did not meet that follows: FB/CH ...... 30,628 criteria were on the list. I will leave to General Services Administration Federal Build- Philadelphia, PA Nix FB/CH ..... 13,814 the speculation of others why those ings Fund Construction and Repair Projects Providence, RI FB/PO ...... 7,740 Lubbock, TX FB/CH ...... 12,167 were on the list. I regret that. But now New construction projects where El Paso, TX Ysleta Border Sta- design, site acquisition and everybody is in. We can save a ton of tion ...... 7,292 money—$1.842 billion. So let us go construction awards (con- Richmond, VA Courthouse ahead and do it. struction not begun) have not annex ...... 12,509 Mr. President, I yield the floor. been awarded: Walla Walla, WA Corps of Eng. Mr. KERREY addressed the Chair. Thousands bldg ...... 2,800 The PRESIDING OFFICER (Mr. Montgomery, AL Courthouse ... $46,320 Little Rock, AR Courthouse ..... 13,816 269,426 FRIST). The Senator from Nebraska. Bullhead City, AZ FAA Grant .. 2,200 Mr. KERREY. Mr. President, I take Nogales, AZ Border Patrol HQ .. 2,998 Savings identified by the General the point that the distinguished Sen- Phoenix, AZ Courthouse ...... 121,890 Services Administration’s ator from Indiana makes. To be clear Sierra Vista, AZ Magistrates ... 1,000 timeout and review: Tucson, AZ Courthouse ...... 80,974 Lukeville, AZ Border Station ... 1,219 on this, the GSA timeout review proc- Sacramento, CA Courthouse ..... 142,902 San Luis, AZ Border Station .... 3,496 ess was completed in 1993 and then San Francisco, CA Lease/Pur- San Francisco, CA Court of Ap- modified after for a variety of reasons. chase ...... 9,702 peals ...... 9,003

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0655 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4899 Thousands Too often the argument is made, on $200, does not target well those low-income Washington, DC central/west the one hand, that we were elected to households with exceptionally high energy heating ...... 5,000 make the hard decisions and then when costs in relation to income, and which does Tampa, FL CH ...... 5,994 little to help assisted households achieve Boston, MA CH ...... 4,076 the hard decisions are placed before us, independence from the program. Reno, NV CH ...... 1,465 our colleagues are not ready to make Concord, NH CH ...... 3,519 those hard decisions. I am quoting from President Clin- Portland, OR CH ...... 5,000 ton’s budget, indicating why this pro- Philadelphia, PA VA ...... 2,800 And so we are going to discuss this for a half an hour right now. We will gram should have been cut last year. 40,048 not have a vote on it, but we will even- The administration has made major im- This project has been canceled: tually have a vote on it because we are provements [he says] in the Nation’s basic Charlotte Amalie, US VI CH ..... 2,184 going to have to determine whether it income supplement programs, increasing the earned income tax credit for the working Total ...... 1,842,885 is the House level of rescission or the poor, expanding the Food Stamps Program Mr. KERREY. Mr. President, I am Senate level of rescission that will pre- and reforming the welfare system. These prepared to yield back the remainder vail. Mr. President, on this I support changes reduce the need for peripheral in- of my time. the House level of rescission. come supplement programs such as LIHEAP. Mr. SHELBY. We will yield our time Let us talk just a little bit about And the President concluded: back. what this program is. The Low-Income Considering these factors, we concluded Mr. President, I ask for the yeas and Home Energy Assistance Program, or that the time had come to refocus LIHEAP nays. LIHEAP, provides utility assistance for on the energy needs of low-income families The PRESIDING OFFICER. Is there a poor families in America as a result of and to shift away from income supplemen- sufficient second? the energy crisis of the late 1970’s and tation and dependency. There is a sufficient second. early 1980’s. It was initiated in 1981 to Mr. President, LIHEAP is a very The yeas and nays were ordered. temporarily supplement existing cash good example of what has happened so The PRESIDING OFFICER. The Sen- assistance programs to help low-in- often with the Federal budget. A crisis ator from Arizona is recognized. come individuals pay for what were develops at some point in our history AMENDMENT NO. 434 then escalating home fuel costs result- which causes us to implement a Fed- Mr. KYL. Mr. President, I have an ing from the energy crisis. eral program which extracts taxpayer amendment at the desk, No. 434, which An interesting thing happened. Since dollars from all over the country and I will advise my colleagues I do not in- the program’s creation, real energy focuses it on a limited segment of our tend to call up, but in order to have a prices have declined to pre-1980 levels population. We vote to do that because time agreement on this amendment and according to the CBO’s February at the time it appears to us that there which will enable us to discuss it for a 1995 report ‘‘Reducing Deficit Spending is a group in need and we want to assist period of a half an hour we have agreed and Revenue Options,’’ real prices of them. But over time the original need not to call for a vote at the conclusion household fuels have declined 22 per- for that program, the original ration- of the discussion. cent. So those real low prices mean ale for it disappears or is substantially It is too bad, Mr. President, because that it is time to reconsider this pro- reduced. Sometimes people cannot to some extent it seems we are on the gram. even remember why it was put into ef- horns of a dilemma when we seek to It is also interesting that in the CBO fect. add more rescissions to the list of report 26 States transferred up to 10 We remember why this was put into those that have been recommended by percent of their LIHEAP funds during effect. Because there was a severe cri- the committee. This amendment, No. the 1993 period to supplement spending sis at the time. That crisis is gone. 434, would conform the rescission of the for five other social and community The authority for what I just said is Low-Income Home Energy Assistance services block grant programs and 10 no less than the President of the Program, the so-called LIHEAP, to percent is the maximum that they can United States, President Clinton, who, that of the House of Representatives. transfer under this program. So the last year in his budget submission, said Some of my colleagues, on the one transfers indicate that at least some we can cut this program in half. Now, hand, said we cannot afford to have a States believe that spending for energy nothing has changed between last year vote on this and win it because, if we assistance does not have as high a pri- and this year. As a matter of fact, the do, the President will then veto the bill ority as other spending. As I said, it is area of the Northeast has improved its and we will not get any rescissions; it time to reconsider this program. economy. So there are fewer people will not be $17 billion; it will not be $13 Now, is this just the position of a that would require the assistance. billion; it will not be anything. And conservative Republican from Arizona? But still we have people from all over other colleagues say we cannot afford No. Let me read to you from the budg- the United States and, in particular, to have a vote on this amendment be- et of the President of the United the Northeast part of the country say- cause if we do and it is defeated, then States, William Clinton, last year. ing that this is an absolute necessity we will not be able to argue in the con- The President is requesting $730 mil- for the people who are their constitu- ference that we should rescind more lion. That is half as much as is re- ents, they cannot get along without it. money because the amendment will quested in this year’s budget. Here is Mr. President, there is a billboard in have been defeated on the floor of the what the President said: We had to my community. It has a nice picture of Senate. eliminate or refocus many programs Uncle Sam painted on it, and it says: I think it is important, however, that including LIHEAP. Why? Well, several ‘‘Remember, he’s your uncle, not your these issues be discussed because dur- factors influenced our decision, he dad.’’ ing the debate on the balanced budget says: We have to stop relying on the Fed- amendment which occurred for over 5 1. LIHEAP began as a response to the se- eral Government to do so many things weeks we heard over and over again vere energy crisis in the early 1970’s and for us. Yes, there are a lot of things from opponents of the balanced budget early 1980’s which caused quantum increases that would be nice if we had the money amendment that we did not need a con- in energy prices. Since then, energy prices for them. But as we learned during the stitutional requirement to force us to and the percentage of income spent by low- debate on the balanced budget amend- income households on home energy de- balance the budget. creased substantially. ment, it is time to begin setting prior- We were elected to make the hard de- What began as a program— ities. And when the President of the cisions, but we are not making the And I continue to quote here from United States, a previous supporter of hard decisions. This is a hard decision, the President’s budget. This is Presi- the program, says it ought to be cut in but in a moment I am going to read dent Clinton’s budget requesting a re- half because the need for it has been some material to my colleagues which duction in funds last year. substantially reduced because the I think will demonstrate that it really What began as a program focused on easing original problem—the energy crisis—is is not that hard. We can rescind more the energy crisis has evolved into a very nar- now gone, should we not in the House money from this program. And in a rowly focused income supplement program and in the Senate be willing to follow moment I will explain the reasons why. which provides average benefits of less than that advice, make the tough decision,

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4900 CONGRESSIONAL RECORD — SENATE March 30, 1995 set the priority and reduce the spend- the increase in poverty. Many of the In my State of Minnesota, there are ing on the program? people who rely on LIHEAP have jobs, around 330,000 low-income people who The House of Representatives was but simply can’t make enough to get really depend upon this small amount willing to do so, but in the Senate, ap- by when the temperature drops and the of support averaging about $330 a year parently that is not the case. bills come in. which for them quite often can be the So, Mr. President, it seems to me In Massachusetts, 143,000 households difference between being able to stay that I could not talk to the folks in my receive LIHEAP funding. If the pro- in their home or not. State about reducing Federal spending gram is eliminated, Massachusetts Mr. President, 110,000 households, 30 and then stand by silent as we adopt stands to lose $54 million for fiscal year percent of which the head of household this rescission package in the Senate 1995. is elderly, 40 percent of which house- Eliminating LIHEAP could be a without speaking to this program. holds have a child, over 50 percent of death sentence for some Massachusetts When the conference committee be- which have someone working but work- families, for the elderly, and for chil- tween the House and Senate meets, I ing at low wages, 40 percent of whom dren who may be forced to choose be- am hopeful that a larger rescission will after a year no longer receive this. be accepted. I am willing, as I said, not tween heat and food or medicine. No In the State of Minnesota, the Low to force this to a vote here and upset one should have to make that kind of Income Home Energy Assistance Pro- the applecart and cause the President choice. gram is not an income supplement. It to veto the entire rescission package, if That is why I and 35 senators from is a survival supplement. For many, he were to do that, because it is impor- both parties have sent a letter to Sen- many families without this assistance, tant that we get even $13 billion re- ator MARK HATFIELD, chairman of the it is the choice between heat or eat. scinded, although $17 billion would be a Senate Appropriations Committee, urg- better number. But I think the Amer- ing restoration of LIHEAP funds in the My colleague says, ‘‘Well, the cost of ican people need to start focusing on rescission package. energy has gone down.’’ I say to my this. LIHEAP is a block grant adminis- colleague, we have seen a dramatic in- I go back to what I said originally tered by State and local governments, crease in poverty in the United States when those who opposed the balanced and is one of the most cost-effective of America. We are talking about el- budget amendment said, ‘‘You send us and efficient Federal subsidy programs. derly people, we are talking about fam- back here to make the tough choices Seventy percent of LIHEAP recipients ilies with wage earners but low wages, do not receive other government relief, and we will do it,’’ as we find often- we are talking about children. And in such as Aid to Families with Depend- times, they are not willing to, and the the State of Minnesota, there is tre- ent Children or food stamps, but rely main reason is because they can always mendous support for the Low-Income on this aid to supplement their month- argue that poor people benefit from the Home Energy Assistance Program— ly income during the winter months. tremendous support. program. That is always the case. But Mr. President, I would like to close I think that my colleague will find that does not justify every bit of spend- by offering the following graphic illus- that Senators from the Northeast and ing, because it is hard-working Ameri- tration of the importance of this issue. cans who get up early in the morning, The December before last, a fire Midwest, whether they are Democrats send their kids off to school, work hard burned down a small apartment build- or Republicans, feel very strongly all day long, come home tired and pay ing in the Mount Pleasant region of about this. plenty of taxes so that programs like DC, burning to death two little girls, Mr. President, finally, because I am this can continue. Amber and Asia Spencer, ages 6 and 5. going to stay within 5 minutes or less, It is not mean spirited to say enough Neighbors recalled Amber’s last as to the choices that we need to make, is enough. They need to be able to keep words—‘‘Please, please, help us.’’ The yes, let us move forward on deficit re- more of their hard-earned money to girls were killed by a fire when one of duction and, yes, let us move forward spend as they see fit. the candles that was used to heat their to balancing the budget. So I think it is time we do reexamine apartment fell over. The electricity Mr. SPECTER. Will the Senator yield this program. I submit that the House had been turned off two months earlier for a question? rescission number is a better number, when the girl’s guardian—their grand- Mr. WELLSTONE. I actually would and I urge my colleagues in the con- mother—could not afford to pay the be willing to except that I only have ference to support that number. I re- heating bill. about 2 minutes before I have to lit- serve the remainder of my time. Every winter children across the erally leave the Chamber, but I will go Mr. WELLSTONE addressed the country are killed or jeopardized by ahead real quick. Chair. fires caused by desperate attempts to Mr. SPECTER. The question is how The PRESIDING OFFICER. The Sen- keep warm or to lighten darkened much time he will take. There are ator from Minnesota. homes. Mr. President, this country quite a few speakers on this side. Mr. KERRY. Mr. President, I rise in cannot abide this sad state of affairs. opposition to the Kyl amendment, We can and we must do better—not Mr. WELLSTONE. Before my col- which would affect funding for the worse—by the children and families league came in, I made it clear I was Low-Income Heating Assistance Pro- who need the bare necessities to sur- going to stay within 5 minutes or so gram [LIHEAP]. vive. because I know there are other col- When the United States balances $400 Mr. WELLSTONE. Mr. President, I leagues who wish to speak. billion of corporate tax benefits know there are other colleagues on the Mr. SPECTER. I thank the Senator. against a cut taken exclusively from floor who wish to speak on this, and we Mr. WELLSTONE. Absolutely. the most disadvantaged, it violates the have had some prior discussion with Mr. President, by way of conclusion, average American’s sense of fairness. the Senator from Arizona. I think we if we are going to be talking about I also rise to oppose the other body’s have an agreement on how to proceed. cuts, look to subsidies for oil compa- Appropriations Committee’s vote to re- I appreciate the discussions that I have nies, look to subsidies for pharma- scind $1.4 billion from LIHEAP’s fiscal had with the Senator from Arizona. ceutical companies, look to all sorts of year 1996 budget as part of the Contract Let me just make a couple of points. deductions and loopholes and dodges with America. That would eliminate The first point is that I think that that affect large corporations and large complete appropriation for LIHEAP, sometimes the profound mistake we financial institutions in America. which gives home heating grants to make on the floor of the Senate is that low-income Americans. The program there just are no people and no faces For God’s sake, Mr. President, let us serves 5.6 million households behind the statistics. I met at home not cut a program that for many, many nationwise, 30 percent of the home eli- with Alida Larson, and there were a Americans in the cold-weather States gible to receive LIHEAP support. number of other low-income citizens is not an income supplement but a sur- Mr. President, in Massachusetts and from Minnesota—understand full well, vival supplement. other regional cold-weather States, en- Minnesota is a cold-weather State—and I yield the floor. ergy prices continue to rise along with each of them told their stories. Mr. NICKLES addressed the Chair.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4901 The PRESIDING OFFICER. The Sen- Mr. President, this is a choice that Mr. DODD. Let me commend our col- ator from Oklahoma. no one should have to make in our league from Pennsylvania who, I gath- Mr. NICKLES. Mr. President, will the country. Although we must cut Federal er, led the charge in the Appropriations Senator from Arizona yield me 1 spending and we must control our def- Committee for the restoration of these minute? icit, it should not be done at the ex- funds. I commend him, Senator JEF- Mr. KYL. I yield 1 minute to the Sen- pense of people’s health and safety. FORDS, Senator WELLSTONE, and others, ator from Oklahoma. We must preserve LIHEAP and reject who have spoken out on this issue. Mr. NICKLES. Mr. President, I wish the House cut. Mr. President, in the committee re- to compliment my colleague from Ari- I urge my colleagues to oppose the port, House Appropriations concludes zona for his amendment. If we were to Kyl amendment. that this program is no longer needed. Thank you. eliminate this program for the years There are 60,000 in my State each win- Mr. SPECTER. I ask my colleague 1996 through 2000, we would save $10 bil- ter who depend upon this source of as- from Vermont how much time he lion in budget authority and $7 billion sistance, not just as a casual need, but needs. in outlays. If we adopted the Senator’s a serious one. amendment, we would save $1.3 billion. Mr. JEFFORDS. Two minutes. I think that would be a step in the Mr. SPECTER. Mr. President, how In fact, in anticipation of the study right direction. much time remains? that the energy prices have dropped This program was not created to be a The PRESIDING OFFICER. Eight and it is no longer needed, I asked the welfare program, and I think our col- minutes remain. Congressional Research Service to Mr. SPECTER. I yield 2 minutes to league from Arizona is exactly right, if complete a study on energy prices and the Senator from Vermont. we want to cut spending, this would be LIHEAP appropriations. They found Mr. JEFFORDS. Mr. President, I rise that actually there would need to be an an excellent example. in opposition to the amendment of the I compliment him for his amend- increase if you tracked energy price Senator from Arizona. It may well be ment. I urge it be adopted. I yield the fluctuations over the last few years. that we should take another look at floor. This year, we budgeted $1.130 billion, this program, but this is no place to do Mr. KOHL addressed the Chair. which is far below what they tell us it. There may be States like Arizona The PRESIDING OFFICER. The Sen- you would actually need. Dr. Deborah and Oklahoma and others that may be ator from Wisconsin. Frank, a pediatrician at Boston Uni- Mr. SPECTER. Mr. President, we willing to give up whatever they get versity, tracked over many years mal- have a time agreement. How much under LIHEAP because they do not nutrition among children following sig- time does the Senator wish? have the needs of some of the other nificant periods of cold in the North- Mr. KOHL. Three minutes. areas of the country. east and discovered that after those pe- In my State of Vermont, this is a Mr. SPECTER. Can he settle for 2? riods of very low temperatures, actu- Mr. KOHL. All right. critical program. Over the last 3 years, ally malnutrition in children went up Mr. KOHL. Mr. President, I strongly energy prices have gone up in Vermont because of parents making the tough oppose this amendment which com- by 21 percent. At the same time, choice of heat over food. LIHEAP funding has gone down by $300 pletely eliminates the Low-Income So this issue has been critically im- million. Home Energy Assistance Program. portant to major parts of the country. The average family who receives This program helps low-income elderly, I sincerely hope the amendment is re- LIHEAP assistance spends over 18 per- the disabled, and working poor to cover jected. This goes far beyond what most cent of its income on energy. This is a portion of the heating of their homes. of us recognize as a valuable safety net three times the energy burden for me- Mr. President, the bill we are consid- for many in the country. dian-income families. I would expect a ering today is a disaster relief bill. It is lot less for those in Arizona and Okla- Mr. SPECTER. Mr. President, I ask about helping people fight back against homa. Fifty-five percent of all LIHEAP the Senator from Maine, how much the wrath of nature, whether it be homes include at least one child under time does he wish? floods, earthquakes or other natural the age of 18 and 43 percent include a Mr. COHEN. Could I have a minute emergencies. When disaster strikes, senior citizen. Both figures are far and a half and then yield 30 seconds to Americans band together to help those above the national average. Without my colleague from Maine? who are down on their luck and to af- LIHEAP assistance, many recipients ford everyday necessities. Mr. SPECTER. Mr. President, how could not afford to pay their heating Heat, food and shelter are everyday much time remains? bills in the winter and many would be necessities, Mr. President. Low-income The PRESIDING OFFICER. Four and forced to choose between heat and food. families and the elderly who must con- Rescinding LIHEAP will also force a half minutes. front bitter cold weather year in and energy providers in Vermont, and Mr. SPECTER. The senior Senator year out are no less deserving of com- many other areas, many of whom are from Maine has 90 seconds. passion than victims of a flood or small unregulated businesses, to Mr. COHEN. Thank you. earthquake. choose between not getting paid for the The House made the unfortunate de- Mr. President, we hear a lot of talk energy they provide and cutting off cision to eliminate or kill LIHEAP. about a beltway mentality, but it their neediest customers. The Senate Appropriations Committee, seems to me that this amendment re- LIHEAP is well run and administered flects a Sunbelt mentality. I do not under the direction of the distin- by State and local governments who guished Senator from Oregon and the know how many people have spent any keep administrative costs at about 8 time in the Northeast during the win- distinguished Senator from Pennsyl- percent, far below the average, so the vania, wisely rejected this cut. Home ter months, but we have at least 5 money is getting to those who need it. months of the year during which the energy costs consume an unreasonably It has strong bipartisan support from high portion of resources for those with average temperature is below freezing. Senators in my region and all around In many months it is not just sub- limited incomes, particularly during the country. harsh winters. freezing, it is subzero. When you get to I urge defeat of the amendment. northern Maine, we are talking about My colleague from Arizona is fortu- Mr. SPECTER. How much time does 20 or 30 below zero many days. nate to come from a warm-weather the Senator from Connecticut desire? State. In fact, many people from my Mr. DODD. I would like 11⁄2 or 2 min- We have a lot of poor people in our own State of Wisconsin retired to his utes. State. There are some 62,000 people who fine State because of the very appeal- Mr. SPECTER. How much time re- are beneficiaries of this particular pro- ing weather. Unfortunately, not every- mains, Mr. President? gram. Many of them are elderly. Forty one can afford to leave their homes to The PRESIDING OFFICER. Six min- or 45 percent of those that receive avoid the cold. Often, low-income fami- utes remain. LIHEAP benefits around the country lies and the elderly are forced to Mr. SPECTER. I yield 11⁄2 minutes to are elderly. So we are putting people choose between food, medicine or heat. the Senator from Connecticut. who have an income of approximately

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4902 CONGRESSIONAL RECORD — SENATE March 30, 1995 $8,000, whose energy bills consume al- may be wondering why so little time is ance program, enjoyed the benefits, most 18 percent of their income, and we allocated here. This has been an effort that it provides that degree of safety are now saying cut the program out, by the Senator from Arizona, Senator and comfort that the houses will be prices are low enough that they can af- KYL, to air the subject, but it is not warm on these cold winter nights that ford it. going to be brought to a vote. Were it we have had up in our area of the coun- But they cannot afford it. This is a to be brought to a vote, there would be try. small program compared to some oth- substantially more time allocated for I congratulate the Senator for his ers that are provided to the citizens of this very important debate. great work on defending this program, this country. I know it may be nice to The Senators who have come to the because it is a regional program in a live in a warm climate. It has been floor have spoken for very limited peri- sense. It is a program that dispropor- mild here in Washington, as I am sure ods of time and have done so to reg- tionately benefits one area, the area it is in the West. In the Northeast, and ister their passionate concern about that has colder temperatures. As a re- throughout the industrial belt, it is this issue. As chairman of the sub- sult, it is always on the chopping very cold. committee which had jurisdiction over block, but is a program that meets I submit to my colleagues that it this issue and brought it to the floor, very vital needs in providing people would be a terrible tragedy to cut this we have very carefully considered the basic shelter and warm comfort during program. totality of the package, and the Senate the very cold winter days. Mr. SPECTER. Mr. President, how has met the House figure—the House I congratulate the Senator for his much time remains? figure totaling $17.3 billion, and the great work on this project. I look for- The PRESIDING OFFICER. Three Senate figure is in excess of $13 billion. ward to continuing support of this pro- minutes 20 seconds. But the difference is accommodated by gram. Mr. SPECTER. I yield a minute and a deferring the expenditures on FEMA, Mr. SPECTER. Mr. President, I half to the Senator from Maine, [Ms. the Federal Emergency Management thank my colleague, and I ask unani- SNOWE]. Agency. mous consent that certain documents Ms. SNOWE. I thank the Senator. I Our subcommittee and the full com- be included in the RECORD which lend certainly want to be on record in sup- mittee determined that this funding some factual support—certainly not an port of this most important program to should remain in LIHEAP because of exhaustive statement—but some fac- so many people in my State, and cer- its importance. The statistics have al- tual support that should be printed in tainly in the Northeast. ready been cited and I shall not repeat the CONGRESSIONAL RECORD. I was part of an effort back in 1980 in them. But the overwhelming majority There being no objection, the mate- the House of Representatives to create of people have annual incomes of less rial is ordered to be printed in the this program. Yes, it was in response, than $8,000, or even $6,000. And regard- RECORD, as follows: originally, to a crisis. That is not un- ing the choice of many elderly for ei- ARGUMENTS TO MAINTAIN LIHEAP FUNDING usual for the number of programs that ther heating or eating, when there are A cut to LIHEAP funding will have a sig- are created in the U.S. Congress. But emergency measures taken on alter- nificant impact on current recipients who al- Congress intended it to be a long-term native makeshift heating and lighting ready have difficulty in meeting their energy program, because it was serving the devices, an enormous number of deaths bills, many having to choose between fuel poorest of the poor. It is a means-test- result—11 people, mostly children, in and food. ed program. It serves a number of peo- Philadelphia in a 5-month period, from Elimination of the program could be dev- ple. Yet, it only serves 25 percent of astating, since it brings potentially life-sav- August 1992 to January 1993. While we ing heat to nearly 6 million poor families, or those individuals who are actually eli- do not have nationwide figures, they roughly 15 million individuals; about 30 per- gible to receive benefits under this pro- would be enormous. cent of the recipients are elderly, and 20 per- gram. This is one of the most urgent pro- cent are disabled. This program, in real terms, has been grams in the Federal budget. It exem- Over 70% of LIHEAP recipients have an- reduced by 50 percent since 1985—50 plifies what I have said. While I am nual incomes of less than $8000; more than percent. I know the Senator from Ari- committed and I think the Congress is half have annual incomes of less than $6000. zona was referring to the President’s committed on consensus to balancing Energy costs consume nearly 20% of these budget last year of $700 million, and meager incomes. the budget by the year 2002, it has to be 25% of LIHEAP recipients receive no other that even the President was recom- done with a scalpel and not a meat ax. federal assistance. mending a 50 percent reduction. He rec- This is a very, very, important pro- LIHEAP was able to serve less than 25% of ommended that reduction because he gram. Were there a longer period of eligible households in fiscal year 1994. wanted to remove the Southern States time, I think we would have heard The average LIHEAP benefit is only about from that program. In fact, in 1994, the many Senators coming to the floor. $200. President recommended a supple- Some 35 have signed a letter. Each winter, there are cases of children mental increase for the low-income dying from the use of dangerous alternative Mr. President, I note my colleague heating sources, like candles. fuel assistance program of more than from Pennsylvania on the floor. I Contrary to some claims, low income $300 million, which I think dem- would ask how much time remains. households do not face appreciably reduced onstrates the President’s commitment The PRESIDING OFFICER. All time energy costs compared to the 1970’s and early to this program. But who does this pro- has expired. 1980’s. gram serve? Of the roughly 5.6 million Mr. SPECTER. May I ask unanimous Energy prices for natural gas and elec- households that receive low-income consent that my colleague be per- tricity are just as high today as they were in fuel assistance, more than two-thirds mitted to speak for up to 2 minutes? the 1970’s, even in constant dollars. The PRESIDING OFFICER. Without 50% of LIHEAP recipients heat with nat- have annual incomes of less than $8,000. ural gas. More than one-half have had incomes objection, it is so ordered. Increased competition among utilities has below $6,000. Thirty percent of these re- Mr. SANTORUM. I thank the Senator intensified cost-cutting, making it unlikely cipients are poor, elderly people, and 20 for yielding time to me. I wanted to they would absorb LIHEAP costs that could percent are disabled. echo his remarks. This is a very impor- put them at a competitive disadvantage. If In my home State, 74 percent of these tant program for a lot of people in my LIHEAP were abolished, we could expect a recipients are elderly people on fixed area of the country, and in Pennsyl- major increase in households losing utility incomes. We are supporting people who vania particularly. services, and increased homelessness. This is a program that, frankly, has This program has already suffered large need to have the benefits of this very cuts; current funding is $781 million, or 37 valuable program. not been funded to the levels that real- percent, below its 1985 level. Mr. SPECTER. Mr. President, how ly are going to meet the needs of the FUNDING HISTORY much time remains? people in the communities who are low 1985—$2,100,000,000. The PRESIDING OFFICER. Two income, who are not able to keep the 1986—$2,010,000,000. minutes remain. houses warm at night. 1987—$1,825,000,000. Mr. SPECTER. Mr. President, those I can say from having visited homes 1988—$1,532,000,000. who may be watching on C-SPAN 2 that have enjoyed the energy assist- 1989—$1,383,000,000.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4903 1990—$1,443,000,000. $8,000. These families spend an ex- Mr. FORD. Mr. President, I reserve 1991—$1,610,000,000. tremely burdensome 18 percent of their the right to object. We could go back 1992—$1,500,000,000. incomes on energy costs, compared to and forth, and we have Senators stand- 1993—$1,346,000,000. 1994—$1,437,000,000. the average middle-class family, which ing here who have been standing here 1995—$1,319,204,000. spends only 4 percent. the whole time to bring up their 1996—$1,319,204,000. Nearly half of the households receiv- amendments. I will not object to 1 Mr. KYL. In my 48 remaining sec- ing heating assistance are comprised of minute, but after that—— elderly or handicapped individuals. onds, let me say, ‘‘I told you so.’’ Mr. KYL. Mr. President, 30 seconds. I Researchers at Boston City Hospital I said at the beginning that Members just wanted to close the debate that I would come running out of their offices have documented the ‘‘heat or eat effect’’—higher utility bills during the began, if I could. to come to the floor and pronounce Reasonable people will differ. The themselves four square in front of this coldest months force low-income families to spend less money on food. The House of Representatives trimmed us program, because this is critical. We result is increased malnutrition among by $1.3 billion. It seems to me that can cut others but we cannot cut this children. they represent all regions of the coun- one. That is exactly what is wrong with The study found that almost twice as try just as much as Senators do. this process. Every one of them is crit- many low-weight and undernourished ical. We have got to start somewhere. I do not doubt the sincerity of any- children were admitted to the Boston one who speaks in here. But I do doubt Mr. President, I started where Presi- City Hospital emergency room imme- dent Clinton started last year when he the Congress’ commitment if we can- diately following the coldest month of not start with a program like this. And said we can cut it in half, that it was the winter. Low-income families time to shift away from this program. I hope that when the conference meets, should not have to choose between we will rescind more. By the way, it is not just Sunbelt heating and eating. The PRESIDING OFFICER. All time mentality. Even in my State people re- But the poor elderly will be at the has expired. Under the previous order, ceive funds for weather-stripping and greatest risk if LIHEAP is terminated, air conditioning support, just to show because they are the most vulnerable the Senator from Nevada is recognized how ridiculous the program has gotten. to hypothermia. In fact, older Ameri- to offer an amendment. We could all use the help, of course, cans accounted for more than half of AMENDMENT NO. 438 TO AMENDMENT NO. 420 but we have to start somewhere. I just all hypothermia deaths in 1991. ask this question, Mr. President, if we (Purpose: To restore $14,700,000 of the In addition, elderly households are 28 amount available for substance abuse are not ready to start with this one, we percent more likely than all house- block grants) are not ready to start with the other holds to live in homes built before 1940. ones we voted down today, where are These homes tend to be less energy ef- Mr. REID. Mr. President, I send an we willing to start to cut this $1 tril- ficient than newer homes, placing the amendment to the desk on behalf of lion budget deficit? We have to start elderly at greater risk. Senator BRYAN and myself and ask for somewhere. Many low-income elderly who have its immediate consideration. The PRESIDING OFFICER. All time trouble paying their energy bills sub- The PRESIDING OFFICER. The has expired. stitute alternative heating devices— clerk will report. Mr. SPECTER. Mr. President, I ask such as room heaters, fireplaces, and The assistant legislative clerk read unanimous consent for 1 additional wood burning stoves—for central heat- as follows: minute. ing. Between 1986 and 1990, heating The PRESIDING OFFICER. Without equipment was the second leading The Senator from Nevada [Mr. REID], for objection, it is so ordered. cause of fire deaths among the elderly. himself and Mr. BRYAN, proposes an amendment numbered 438 to amendment No. 420. Mr. SPECTER. Let me respond brief- In fact, the elderly were 2 to 12 times ly to the Senator from Arizona. more likely to die in a heating related Mr. REID. Mr. President, I ask unan- We have made very substantial cuts fire than adults under 65. imous consent further reading be dis- in this program. And when he says that LIHEAP is not only vital for low-in- pensed with. this is an illustration of, if we do not come Americans, it also benefits com- The PRESIDING OFFICER. Without cut here, where are we going to cut, munities as well. As Robert Coard, objection, it is so ordered. our job is to establish priorities. That president of Action for Boston Commu- The amendment is as follows: is our responsibility. nity Development, wrote in a Boston The Appropriations Committee met Globe editorial last month, that On page 14, between lines 12 and 13, insert its responsibility and we cut other less- LIHEAP— the following: important programs. So we agree with * * * employs large numbers of community NUCLEAR WASTE DISPOSAL FUND the Senator from Arizona that the people who may have trouble finding work in (RESCISSION) budget has to be cut, the budget has to industries requiring sophisticated high-tech- be balanced, the deficit has to be cut, nology skills. Many are multilingual—a Of the funds made available under this that it is a matter of priorities. major asset for this program. The oil vendors heading in Public Law 103–316, $14,700,000 are I think when all of the Senators who work with the program include many rescinded. mom-and-pop businesses that depend on fuel On page 28, strike lines 18 through 23. came running to the floor here to assistance to survive. The dollars spent go speak for the enormous amount of 90 right back into the economy. Mr. REID. I further ask, Mr. Presi- seconds, they did so because of their The winter of 1993–94 was especially dent, there is about 3 minutes extra on very deep concern for the program and harsh. In January, the temperature in this time block. I ask unanimous con- this is a priority item which ought to Boston averaged 20.6 degrees. At the sent that the time equally divided for stay. I thank the Chair. same time, the price of oil rose to meet the first amendment I will offer, in- Mr. KENNEDY. Mr. President, I op- the increased demand for heating as- stead of 40 minutes be about 43 min- pose the Kyl amendment, which would sistance. utes, 44 minutes, whatever is left. eliminate the Low-Income Home En- If Senate Republicans are serious The PRESIDING OFFICER. Without ergy Assistance Program. about helping the elderly, they will objection, it is so ordered. Over 6 million people received aid preserve funding for the Low-Income The time will be 43 minutes equally with heating costs under the Low-In- Home Energy Assistance Program and divided between the two sides. come Home Energy Assistance Pro- stop raiding the wallets—or in this gram last year. case the furnaces—of those who need Mr. REID. Mr. President, this amend- In Massachusetts, LIHEAP served help the most. ment is very direct and to the point. 143,000 households in 1994. It provided I urge my colleagues to defeat the This year, the money for developing a especially needed relief in the winter of Kyl amendment. permanent repository for the disposal 1993–94, which was extremely harsh. Mr. KYL. Mr. President, I ask unani- of civilian nuclear waste has increased Seventy-two percent of the families mous consent to address the Senate for by $130 million, to where it is now al- receiving LIHEAP have incomes below 30 seconds. most $400 million to dig a hole in the

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4904 CONGRESSIONAL RECORD — SENATE March 30, 1995 ground in Nevada. $400 million for 1 formatory—$40,000 a year. This whole Moreover, results of a pilot outcome year. They have not spent all that program in the State of Nevada costs study conducted by the University of money, of course. They cannot spend $85,000. If we keep two kids out of pris- Nevada Institute For Applied Research all the money, of course. on, out of a reformatory, we have made found a significant reduction for those What this amendment says is, ‘‘Let’s the nut, so to speak. And then it is presently awaiting charges, trial, or take part of that money and put it in gravy for the remaining 42 families. sentencing 3 months after discharge a program that I think is extremely And some of these families, of course, from treatment compared to before important.’’ This, Mr. President, would have more than one child. Thus foster treatment. So what we are saying is take the money from the nuclear placement is not necessary. that those people who are part of the waste, $14.7 million, and replenish the First, let me say this. I have said the program do a lot better by a significant money that was deleted from a pro- parents have to be willing to partici- number. The study also found that the gram that benefits every person in this pate. If they do not participate in the average net income doubled when com- body—every Senator in this body and program the kids are taken from them. paring pretreatment to 3 months after every Member of the House of Rep- This program has a 90 percent success discharge. resentatives. rate 1 year after treatment. That is These programs and these studies It is a substance abuse block grant. tremendous. In other words, foster show one of the most important ele- Let me, Mr. President, talk a little bit placement is not necessary in 90 per- ments of substance abuse is treatment, about what the substance abuse block cent of the families who go through in- especially within the context of this grant does, and then I ask my col- tensive treatment. Those of us who debate. Mr. President, I voted happily leagues whether the money should be know about foster care, we know it is a last year to spend $11 billion for new spent for these purposes or whether the lot better than nothing but it is not as police officers; $11 billion for new pris- money should be spent for digging a good as a parent. That is what this pro- ons, prison facilities. I am talking here hole in the ground and spending $400 gram does, is allow parents to main- about restoring some of the money million in the State of Nevada. tain contact with their children. This that is being rescinded for programs Mr. President, I am not saying they $85,000 investment of treatment averts that will not keep people in jail. We should not spend money. They will $2 million in foster care money alone— will not have to hire new police offi- spend hundreds of millions of dollars. I foster care costs. cers. All we are talking about is not am taking only $14.7 million from al- Mr. President, I ask if the Chair digging a hole in the ground quite as most $400 million. That is what I am would advise the Senator from Nevada deep, maybe—in fact if they spend the doing, replenishing a program that is when he has 5 minutes remaining on money, although it has been proven it tremendous. this amendment. is one of the most wasteful programs in I am going to talk about some of the Mr. President, another successful ini- the history of America. We are taking benefits of the substance abuse block tiative is something we have in Reno, $14.5 million approximately out of a grant money in the little State of Ne- NV, called Ridge House, a program for $400 million program to restore these vada. Little in the sense that there are ex-felons. Ridge House tracked reincar- moneys. not many people there. ceration for individuals in the program Another important function of the However, Mr. President, the program they serve, and found the program has substance abuse block grant is the pre- in the State of Nevada funds 26 commu- a recidivism rate of 22 percent—not in vention program it funds. The Nevada nity-based nonprofit agencies. In 1994, a 1-year period. We usually hit our Bureau of Alcohol and Drug Abuse approximately 7,000 individuals re- good statistics the first year. After 3 funds 100 sites around the State, in- ceived treatment ranging from detoxi- years, a 22 percent return rate, so to cluding programs that would not exist fication to long-term residential care. speak. The average is about 80 percent. any other way in rural Nevada. These An additional 9,000-plus individuals This program is 400 percent better than programs serve in excess of 10,000 peo- were served in civil protective custody if we did nothing. ple. Nevada has adopted a risk and re- programs. An estimated 2,000 individ- This is significant because again we siliency framework which emphasizes uals will be placed on treatment wait- are talking about a 3-year program. It funding programs which reduce the ing lists because they simply do not is not the first year—things are usually risk factors associated with alcohol have rooms for them during the year. pretty good the first year. It is a 3-year and other drugs, and programs which Those waiting at any point, 37 percent program with a little over 20 percent strengthen the resiliency or protective of them will have been waiting for far recidivism rate when nationally it is factors. over a month. almost 80 percent. The success of this One of the most successful preventive What we need to keep in mind is that program means that 78 percent of the programs is something called HACES, substance abuse treatment money that ex-felons served have not re-offended, which stands for Hispanics Assisting I am going to talk about, Mr. Presi- have jobs, and are contributing mem- the Community with Excellence for dent, is money that is spent. We will bers of society 3 years after treatment. Students. Mr. President, listen to this. save untold millions of dollars in In 1993 the Ridge House served 32 in- This program works only with high- spending these moneys. dividuals at a cost—listen to this—of risk Hispanic students and includes It saves lives, restores hope. In Ne- $945 an ex-felon served. The annual Saturday workshops along with com- vada, substance abuse is a primary fac- budget of these 32 individuals would munity work. Students can only par- tor in 55 percent of child abuse inves- not keep a person in prison for a year. ticipate on Saturdays if they have tigations. Over half of the child abuse A study at Saint Mary’s, which is a missed no school during the week. Pa- investigations, when they are inves- Catholic hospital, a wonderful facility rental involvement is required. tigated, we find are a result of some in Reno—they did a chemical depend- What were the results? Staggering. kind of substance abuse. ency program study. They evaluated Compared to a control group, school Mr. President, I am talking about their health care situation for the year absenteeism was reduced by 73 percent Nevada. There are programs like this before and the year after treatment. and the dropout rate was 75 percent all over the country. The Family Pres- These statistics are staggering. And we lower. One of the largest dropout rates ervation Program funded by the Bu- have to determine tonight whether we of any ethnic group in America is that reau of Alcohol and Drug Abuse ac- are better spending the money digging of Hispanics. All over the country, it is cepts 42 families. a hole or putting it in programs that a fact. In this program we have a 75 Mr. President, 100 percent of these save lives and protect families. The percent lower dropout rate. How can families would lose their children due study showed that emergency room anybody not vote for this? to abuse or neglect, unless a parent is visits were reduced by 62 percent for Satisfactory academic progress oc- willing to participate in the intensive people who were in the program, and curred in 94 percent of the students, day program. health care costs were reduced by 73 and student interest in higher edu- The reason I mention this is that we percent. This demonstrates that other cation increased by 300 percent. know that it costs about $40,000 a year health care costs are reduced when Perhaps one of the best side effects of on an average to keep a kid in a re- treatment is available and accessible. the program for these young people,

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4905 though, is something we could not Mr. MURKOWSKI. Mr. President, to be used for a purpose other than measure in statistics. I cannot tell you may I make inquiry? that which is intended. In 1982 when what we know it does to self-con- Mr. BYRD. Either that or I could ask Congress adopted the Nuclear Waste fidence, what it does to self-esteem. unanimous consent that it not be Policy Act, it required the Department The total program cost is equal to half charged against anyone. of Energy to build a repository that of what it costs on average in our coun- Mr. REID. We have a time certain on could accept spent fuel from commer- try to keep an inmate in prison, about a vote. cial nuclear reactors at a repository by $15,000. Mr. MURKOWSKI. Mr. President, it the year 1998. Unfortunately, that com- So how can we afford to cut funding is my understanding that the time is mitment has not been made nor di- to these successful and what I believe running and being charged against our rected by Congress. However, the DOE are essential programs? The impact of side. entered into contracts with the Na- drug interdiction efforts on the rate of The PRESIDING OFFICER. That is tion’s nuclear utilities under which the substance abuse in our country can be correct. Department collected a fee of one- debated at great length. I believe in Mr. MURKOWSKI. How much time tenth of 1 percent per kilowatt-hour on interdiction. I believe in prison. I be- remains? electricity generated by nuclear energy lieve in more judges. I believe in more The PRESIDING OFFICER. Sixteen in return for a commitment to accept police officers. And I voted accord- minutes 6 seconds. waste beginning in 1998. ingly. But let us do something about Mr. MURKOWSKI. We would like to If the Reid amendment passes today, some of these preventive programs. reserve some time to speak against the that commitment will be broken. The I have given statistics from the State Reid amendment. I would like to ac- fee is collected by utilities from their of Nevada. Multiply these with the commodate the senior Senator from ratepayers in their monthly bills and it State of Kentucky, the State of Dela- West Virginia as well. I wonder how is placed in a special Nuclear Waste ware, the State of Pennsylvania. They much time he would intend to take. I Fund in the Treasury. The fund re- are staggering. I invite attention to have no objection to splitting the time. ceives over $1⁄2 billion per year from those. But if it going to come off our side, collections and $300 million per year in The program we are taking money then I would ask for some consider- interest on the unobligated balance. At from is a program we can afford to cut ation. this time the fund has a balance of $4.9 down by a fraction of a percent. From Mr. BYRD. Mr. President, I do not billion. approximately $400 million that we want to discommode either side. I The Department of Energy has ac- have in that fund for this year, 1995, we could delay until another day to do the knowledged that they will be unable to want to take $14 million from it. That speech. I wanted to speak with ref- meet their obligations to begin accept- does not sound out of line to me, espe- erence to Mr. HEFLIN’s retirement. I ing waste in 1998. For this reason, the cially when we keep in mind the budget thought in view of the fact that noth- Committee on Energy and Natural Re- from which I want to restore these $14.5 ing was transpiring I might be able to sources is considering legislation to re- million was increased by $130 million. use that time. But it really is all right structure the nuclear waste program so So, this is not going to cripple the with me if Senators prefer that I not do that the Government will not have to Yucca Mountain Project. It will not that. default on its contractual obligations delay a solution to interim waste stor- Mr. MURKOWSKI. If I may respond, to the American people. age. This is prudent management of I, too, would enjoy hearing a little ref- the taxpayers’ money. erence to Senator HEFLIN very much. I cannot now tell you exactly what I reserve the remainder of my time. Perhaps, if I may inquire again. There that form of nuclear waste disposal The PRESIDING OFFICER. Who is no time on the other side on this program will take and what it will con- yields time? amendment. Is that correct? sist of. However, I know for a fact that Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The Sen- it will be very expensive. The Nuclear imous consent, in that it does not ap- ator from Nevada has 7 minutes 39 sec- Waste Fund was collected from the Na- pear at this stage that anyone is here onds. tion’s ratepayers for the specific pur- to debate this—and I am sure they will Mr. REID. I had 9 minutes a little pose of disposing of spent nuclear fuel. show up—but I ask in fairness to me while ago. It cannot be allowed to be used for any that I reserve my time and that the The PRESIDING OFFICER. The time other purpose, and that specifically is time toll against the other side on this has been running. what the Reid amendment will do. amendment. Mr. MURKOWSKI. I wonder if the So I must stand in opposition to the The PRESIDING OFFICER. Is there senior Senator from West Virginia will amendment. objection? allow me to speak against the amend- I see no further Senator wishing to Mr. FORD. Mr. President, let me ment. As chairman of the Energy Com- speak. I would accommodate the senior make this suggestion, if I may. I sug- mittee I take the opportunity to do so, Senator from West Virginia, and yield gest the absence of a quorum and it be and I would be happy to yield the re- the remaining time that we have on charged to the opposition. maining time to the Senator from West Mr. REID. The Senator is absolutely this side. Virginia. right. I should have done that. The PRESIDING OFFICER. Is the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Senator yielding the remaining time to objection, the time of the quorum call ator from Alaska. the Senator from West Virginia? will be counted against the Republican Mr. MURKOWSKI. I thank the Chair. Mr. MURKOWSKI. I have been ad- Mr. President, I am very sensitive to time. vised that there is a Senator from this The clerk will call the roll. the concerns of the Senator from Ne- side who wants to be heard on this The legislative clerk proceeded to vada about the issue of nuclear waste issue, the senior Senator from New call the roll. policy. However, I must rise in opposi- Mexico. So I must advise my friend Mr. BYRD. Mr. President, I ask unan- tion to the amendment because I hon- from West Virginia that I must reserve imous consent that the order for the estly feel a trust is about to be broken the remainder of my time. if indeed funds that have been collected quorum call be rescinded. Mr. BYRD. Very well. I understand. The PRESIDING OFFICER. Without by America’s nuclear utility system for Mr. President, I ask unanimous con- objection, it is so ordered. the benefit of a specific purpose of es- Mr. BYRD. Mr. President, I see no tablishing a repository for this Na- sent that I may speak on another mat- Senators seeking recognition. tion’s nuclear waste are used for a pur- ter and that the time not be charged to Mr. REID. Mr. President, if I could pose other than intended. anybody; that I speak out of order. say, through you, to the Senator from It is my understanding that the The PRESIDING OFFICER. Without West Virginia, the order now is that amendment offered by the Senator objection, it is so ordered. the time running under the quorum has from Nevada does just that, that Mr. REID addressed the Chair. been charged to the other side. I ask $14,700,000 of funds that were collected The PRESIDING OFFICER. The Sen- that continue during the remarks. by the utilities from the ratepayers are ator from Nevada.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4906 CONGRESSIONAL RECORD — SENATE March 30, 1995 Mr. REID. Reserving the right to ob- HEFLIN was selected the most out- for almost two days by the opponents of a ject—and, of course, I will not object, I standing appellate judge in the United resolution extending the life of a committee am wondering how long the Senator in- States. When HOWELL left the bench in that was investigating charges of corrupt tends to speak, approximately? 1977, there was no congestion and no senatorial elections in Illinois and Pennsyl- vania. As Franklin Burdette, author of the Mr. BYRD. I do not think I will go backlog of cases in any of Alabama’s study of filibusters, observed, ‘‘filibusterers beyond 15 minutes. courts, either trial or appellate. In against one measure had been able to make The PRESIDING OFFICER. The Sen- 1978, HOWELL HEFLIN went on to cap an cloture against another serve their purposes ator from West Virginia is recognized. already notable career with election to for nearly two days!’’ At one point, Senator Mr. BYRD. Mr. President, I thank the United States Senate. J. Thomas Heflin of Alabama—who, inciden- the Chair. Now serving his third and final term tally, was— f in the Senate, Senator HEFLIN is surely As I say, in my book one of the most beloved Members of SENATOR HOWELL HEFLIN this body. He is a man to be trusted. He —an uncle of our own colleague and friend Mr. BYRD. Mr. President, on October will take on a difficult task and bring from Alabama, Senator Howell Heflin—ridi- 28, 1919, the National Prohibition Act, it to conclusion with honor. HOWELL culed ‘‘obstreperous Republican filibusterers’’— also known as the Volstead Act, was HEFLIN will not rush to judgment. I passed by Congress over President Wil- have tried to get him to on a few occa- This is Senator J. Thomas Heflin son’s veto of the previous day. The act sions, but I could not get him to rush talking defined as intoxicating, any liquor con- to judgment. He does not leap to containing at least one-half of one percent clusions, or bow to pressures. It was for —ridiculed ‘‘obstreperous Republican fili- alcohol, and provided for enforcement busterers’’ for obstructing action on the res- those reasons that I, as majority lead- olution for campaign investigations. ‘‘You of the provisions of the Eighteenth er, appointed him chairman of the Sen- are saying in your hearts,’’ he declared with Amendment. ate Ethics Committee, a job that is fine sarcasm: This singular event was to usher in anything but coveted in this body, but the colorful era of the 1920’s, with its Committee, spare that campaign boodle which demands unusual qualities of tree, flapper girls, its bathtub gin, and its character and honor. And HOWELL HEF- Touch not a single bow; legendary mobster figures. In 1920, the LIN is an honorable man. I am sure he U.S. Census recorded a population of did not enjoy the task, but he was per- In election times it shelters me, 105,710,620. The center of the population fect for the job because he is impec- You must not harm it now. was judged to be 8 miles south, south- cably honorable as few men are. Well, I can just hear HOWELL HEFLIN east of Spencer, in Owen County, Indi- Yet HOWELL HEFLIN is never pomp- saying that. That is just about the way ana. In 1920, for the first time, the ous, never self-important, never pon- he would say it, except he would say it total number of farm residents dwin- derous or heavy with his viewpoints or better than I said it. dled to less than 50 percent. It was a pronouncements. He colors it all with very different world. his legendary humor, putting a light I can hear Senator HOWELL HEFLIN This was the age into which, on June and artful touch on nearly everything saying something very much like that 19, 1921, HOWELL HEFLIN was born. The with which he is involved. I have so right today, should the proper kind of son of a Methodist minister, Senator wondered at the genesis of this delight- vexation come along. HEFLIN is then, the child of a slower, ful quality in Senator HEFLIN that I re- I salute my friend and colleague, and more rural America—the kind of Amer- cently did a little background research I regret his decision to leave this body. ica into which I was born 4 years ear- on an uncle of HOWELL’s, Senator I salute him for his character, for his lier—an era when there was always Thomas J. Heflin, who served the State wit, for his steadfast determination to time to appreciate charm and wit in in- of Alabama in the U.S. Senate in the follow his own star, to refuse to be hur- dividuals and careful, considered, judg- 1920’s. I find that the delightful sense ried, to study and to deliberate until he ment in leaders. of humor appears to have genetic roots. is satisfied and at peace with his con- Will Rogers came to prominence in I now read from volume II of my own clusion. I salute him for taking his the 1920’s. Radio flourished as an enter- history of the United States Senate. time in a world which demands that ev- tainment medium in the late 1920’s and And I read from page 137. I read from eryone hurry. I salute him for his cour- early 1930’s. It was an era when events the chapter on filibusters. There was a age. This is a man who will be himself, and ideas were savored, talked about, filibuster going on in 1922. It had to do and there is certainly no one else he discussed on the front porch and over with a bill which was being filibustered would rather be. He is an Alabama the Sunday supper table. The humor by certain Senators in late February. original, and I regret that, in not too was more wry than malicious, and tak- By late February, there was no longer any many months, Alabama will reclaim ing a day or two to think about some- doubt that the obstructionists could and him. thing was considered the norm. HOW- would keep the filibuster going until sine die ELL HEFLIN is a product of those times, adjournment at noon on March 4, throttling But we here in the Senate will have and a product of the South and his other legislation in the process. In the face enjoyed his wit, benefited by his wis- beautiful home state of Alabama. of this threat, Senator Jones and the admin- dom, and been inspired by his integrity His temperament is uniquely suited istration forces capitulated on February 28 when that time is come. And just as we by moving to take up a so-called filled milk to the judiciary. He thinks about are certain in our knowledge that all bill, thus displacing the ship subsidy bill. In excellent things must come to a close, things carefully. HOWELL turns things the words of Alabama Senator J. Thomas over in his mind to see how they look Heflin, the ‘‘miserable measure’’ had ‘‘gone we will not begrudge him his time to from all sides. He speaks slowly. He to its long, last sleep.’’ It was ‘‘already go home, to be with his lovely wife, measures his words, and he spices his dead.’’ Mike, and to contemplate with peace statements with rich Southern tales That sounds very much like HOWELL and pleasure the seasons’ change in the and the folksy lore of Alabama. HEFLIN. rolling hills of Alabama. And HOWELL HEFLIN’S life has been And on page 138, we read of another My wife, Erma, and I join in these nearly as rich and varied as his man- filibuster that was occurring in the warm felicitations for HOWELL and his nerisms and his speech. He graduated spring of 1926. This was wife, Mike. from Birmingham-Southern College . . . a filibuster was conducted against leg- Nature’s first green is gold. and the University of Alabama Law islation for migratory bird refuges, but the Her hardest hue to hold. School in 1948. This was the beginning bill died after an effort to invoke cloture Her early leaf’s a flower; of HOWELL’S fabulous legal career in failed. Legislation for development of the But only so an hour. Lower Colorado River Basin suffered a simi- Alabama. HOWELL HEFLIN went on to Then leaf subsides to leaf. lar fate when, on February 26, 1927, cloture So Eden sank to grief, become President of the Alabama was rejected by a vote of 32 to 59. Two days State Bar in 1966. He took the oath of So dawn goes down to day. later, however, the Senate did invoke cloture Nothing gold can stay. Chief Justice of the Supreme Court of on a Prohibition reorganization bill, al- Alabama in 1971, and, in 1975, Judge though a final vote on the bill was delayed Mr. President, I yield the floor.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4907 EMERGENCY SUPPLEMENTAL saying I will refuse to do that, I will and put it into some social programs APPROPRIATIONS ACT raise a point of order under the Budget that somebody thinks we need? The Senate continued with the con- Act. We must control that money. I yield the floor. Senator CRAIG sideration of the bill. Now plain and simple, we have appro- wants to speak on the issue, and I wel- Mr. MURKOWSKI. Mr. President, priated money for the nuclear waste come his remarks. how much time is remaining? disposal activities in the State of Ne- Mr. CRAIG. Mr. President, I, too, vada. Senator REID, a dear friend of The PRESIDING OFFICER. The Sen- stand in opposition to Senator REID’s ator from Alaska has 12 minutes 5 sec- mine, has resisted the nuclear waste amendment this evening. I think the onds. disposal activities in his State. And if Senator from New Mexico and the Sen- Mr. MURKOWSKI. I think the Sen- I were he, I would do that. ator from Alaska, who is chairman of But the point of it is, we do not even ator from New Mexico wants to speak the Energy and Natural Resources have enough money appropriated now and the Senator from Idaho wants to Committee, has outlined very clearly to carry on the research and site char- speak. May I ask how much time he what this money is intended for, where acterization for which that fund was would like? There are 12 minutes re- it comes from, and the commitment of allocated and set up in trust. But be- maining. the U.S. Congress to the ratepayers of Mr. DOMENICI. Senator CRAIG wants cause we have appropriated some of the a variety of utilities around the coun- 2 minutes. I will take the other 10. I money and it is appropriated for the try, that we would use this money in a may not use it all. year 1995, along comes Senator REID responsible fashion to attempt to site Mr. MURKOWSKI. I am happy to who would like very much, I assume, to and develop a permanent repository for make that accommodation. The Sen- tell the people in his State, and if I high-level nuclear waste. ator from New Mexico has 10 minutes, were he, I would do the same, I have and there are 2 minutes remaining. taken some money away from that I do not blame the Senator from Ne- The PRESIDING OFFICER. The Sen- nasty activity that we do not want in vada for being concerned that the Con- ator from New Mexico is recognized for our State anyway, but the Congress gress of the United States chose Ne- 10 minutes and the Senator from Idaho has said, that is the State, that is the vada—Federal land in the State of Ne- has 1 minute 31 seconds. site. vada for that waste to be located on. Mr. DOMENICI. Mr. President, I Tonight, just a little bit, he would This money is now going for the pur- yield myself 5 minutes of that time, so like to take $13 million of that appro- pose of siting. But to pull it off into the Chair might advise me, if you priated money, and it is really kind of substance abuse would not only be an would. a unique appropriation because it could embarrassment for this Congress to all I was not here when my friend from just as well have been left in trust and of the ratepayers, it would just flat be Nevada argued this matter, but let me spent only for that purpose, but we de- wrong. suggest to the U.S. Senate that this is cided to control it through appropria- The citizens of my State have some- not an issue tonight of whether we tions. thing at stake here. We have nuclear ought to spend money on programs to Now, why should the Senate of the materials that would be destined for which the distinguished Senator from United States, in a rescission bill, take Yucca Mountain in Nevada if it were to Nevada wants to add money. money out of that trust fund that has become a permanent repository. But I What we are talking about tonight is been appropriated for that purpose and tell you now, Mr. President, when we a very basic principle of fairness and have the kind of money that the rate- equity to a large number of ratepayers, spend it on any program? I am not even payers of this country are now paying, utility ratepayers across America, going to debate whether the programs in the billions of dollars, for the pur- many in the State of the present occu- he wants to fund are good programs. I pose of establishing a permanent repos- pant of the chair, Pennsylvania, some am not even going to debate whether itory for high-level nuclear waste, and in almost every State in the East, be- they are good programs that he would to play games with it on the floor of cause wherever there is nuclear power, like to add money to. Knowing the dis- there is a small percentage attached to tinguished Senator, they are probably the U.S. Senate is to break a commit- their bills that goes into a nuclear good programs that, somehow or an- ment and to break a resolve that this waste fund. other, he ought to find money for, if he country has to have to deal with nu- Mr. President, by law, that money is thinks that money should be added to clear waste in a responsible fashion for supposed to be used by the U.S. Gov- them. Maybe if he finds it someplace all of our people, not just for the ernment to make sure that we prepare else, the Senate will vote for it. States that have nuclear reactors gen- and implement and open a nuclear But I hope tonight we will not send a erating nuclear electricity, and the re- waste repository as the final destina- signal to the millions of utility users positories and the waste materials that tion of the end of the nuclear fuel in America who paid a surtax, a little are building up there. This is a na- cycle, wherein waste will be put for- piece of their utility bill, and put it in tional commitment. It ought to be di- ever. a trust for nuclear waste disposal and rected to where it was dedicated, to the Whether that was prudent or not is all of a sudden find themselves tonight, pledge of this Congress, and not sapped irrelevant. The truth of the matter is in the U.S. Senate at 10 minutes of 9, away, pulled away for the purpose of that millions of ratepayers have been and we are going to take $13 million of substance abuse. It makes no sense. putting the money in that account. that fund and pay for some social pro- I hope the Senate will oppose the The Congress of the United States de- grams that may be needed. Reid amendment. cided that we needed to make sure that It is the wrong thing to do, the wrong Mr. REID. How much time does the that money was spent properly. So we way to legislate. I regret to say that as Senator from Nevada have, Mr. Presi- did not just set the trust fund out there much as I respect the senior Senator dent? from Nevada, this really should not be and say, ‘‘Have at it, Department of The PRESIDING OFFICER. The Sen- something that we should ask the U.S. Energy, use it for nuclear waste dis- ator from Nevada has 7 minutes 20 sec- Senate to do. There ought to be a re- posal implementation program or onds. The Senator from New Mexico sounding ‘‘no.’’ That money is not for plan.’’ We said, ‘‘Let’s appropriate has 2 minutes 47 seconds. what they need annually from that this. It was never intended for this. If Mr. REID. Mr. President, I am glad fund.’’ you do not use it for nuclear waste dis- Frankly, the utilities are clamoring, posal, set it there until you find a nu- he has 2 minutes, but how does that they are coming to see me as chairman clear waste activity that you can use it work? of this subcommittee saying, ‘‘Don’t for. We are spending billions of dollars The PRESIDING OFFICER. The Sen- appropriate the money anymore.’’ to try to make the site the right one ator from New Mexico did not use his They are saying, ‘‘Make it an entitle- and use it properly, and we still do not entire 10 minutes. ment and let us and the Department of know how much it is going to cost. Mr. REID. Mr. President, we would Energy spend it as we may.’’ Would we not look foolish if, in hind- look foolish tonight if we in fact did We have refused as a Congress, and I sight, we said all of that is true, but we not do this. All the money, the $393 can tell the Senate, I have stood there tonight plucked $13 million out of it million, is not all ratepayers’ money.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4908 CONGRESSIONAL RECORD — SENATE March 30, 1995 Even if it were, it is appropriated dol- The PRESIDING OFFICER. The Sen- As the Senator from New Mexico lars. We have the right as a Congress to ator has 3 minutes 28 seconds. said, and he was absolutely correct, it do with those moneys what we want, or Mr. DOMENICI. How much does the is not the taxpayers, it is the recipi- it would not be appropriated. The only Senator from New Mexico have? ents who participated through their games being played, I say, Mr. Presi- The PRESIDING OFFICER. The Sen- utility bills, and they pay into this nu- dent, are with the utilities and these ator has 2 minutes 47 seconds. clear waste fund. dollars. I have gone over very clearly Mr. DOMENICI. Mr. President, I will The Federal Government must use and closely what this money would be use a minute and a half of my time and these moneys only for the purpose of used for. I think the fact that I went ask that the remainder be reserved. taking care of nuclear waste. That is a over the one program called HACES, There are 109 nuclear reactors in the trust that was entered into. It is up to where the Hispanic students’ rate of United States—67 sites in 32 States. By the Government and this body to honor dropout was lowered by 75 percent; the year 2030, all these reactors will that trust. their absenteeism, 73 percent; their in- have completed their initial 40-year li- Mr. DOMENICI. Mr. President, a vote terest in higher education increased by censes. The total cumulative discharge for the Reid amendment is a vote to 300 percent; satisfactory academic from these 109 reactors, some of which say that the 32 States which have accu- progress reported in 94 percent of the are shut down, will total 85,000 metric mulated high-level nuclear waste are students. tons of radioactive waste. The trust not concerned about how we will take The fact of the matter is, these pro- fund that is set aside by the ratepayers care of that. We are just going to take grams work. We should give this who use that energy, that nuclear en- $13 million that ought to be used ulti- money to people who need it. We are ergy, is not taxpayers’ money. Let me mately for them, those 32 States, and talking about cutting nuclear waste repeat. It is not taxpayers’ money. It is spend it on two social programs that money for the year 1995. They cannot trust funded to see if we can find a way may or may not be working, but seem spend all that money anyway. They in- to, in a safe manner, get rid of this nu- to not be the issue before the Senate. creased it $130 million this year, a total clear waste, either for long periods of The PRESIDING OFFICER. Senator of $393 million, almost a half a billion time, or permanently. REID has 1 minute 54 seconds. dollars. We are asking to take less than It does not matter very much wheth- 3 percent of that money and put it into er there is a social program that works Mr. REID. Mr. President, we will talk programs that save people’s lives, save well. I will attest that the programs he about the equity. I hope this does not the family structure, help neighbors is alluding to are working better than become a partisan issue. The people and friends, keep people out of prisons, the nuclear waste disposal programs. being served by the substance abuse out of welfare programs, help our edu- Anybody will say that. We are in the programs are not Democrats and Re- cational system. This money will come midst of trying to find out how to do it. publicans. They are people who are, back to us a thousandfold, if not more. To take $13 million out and say we many times, causing significant prob- These programs work. We talk about have a good program going and take it lems throughout their neighborhoods, an investment of $85,000 in foster care from the ratepayers of Missouri, Penn- throughout the States. If these pro- costs. The family preservation pro- sylvania, and New York, who have nu- grams are cut, it will be more crime, gram. These programs serve, as I indi- clear activities, is just not right. more welfare dependence, and more cated, families—42 families in Nevada— I reserve the remainder of my time. problems with our educational system. and 100 percent of these families lose Mr. REID. Mr. President, 109 new nu- The Ridge House Program, as I indi- their children if they do not comply clear reactors do not make up the im- cated, tracked reincarceration for indi- with the program. We found that the portance of one human life. We are viduals and found the program had a program had a 90 percent success rate. dealing with real people, families, chil- recidivism rate of 22 percent after 3 So I say, Mr. President, I think if we dren, friends, neighbors, aunts, uncles, years. That is as much as 400 percent should talk about the merits of what children, tragedies like the loss to lower than people not in this program. we are doing here tonight, not some ab- Carol O’Connor we read about in the This is a program where we should stract thing about the ratepayers and newspaper today. not rescind the money. We should re- nuclear waste. They need the money. Rehabilitation programs, some of store the money that was appropriated One of the biggest, most wasteful pro- them work. We have programs that last year because it is good for people. grams in the history of America is a really work. Nuclear waste disposal is I yield the floor. program that started out to cost us not going to be affected as a result of The PRESIDING OFFICER. All time $200 million and is now up to an esti- this. We are taking a pittance into real mated $7.4 billion. We are talking has expired. programs. We should continue to do about taking $14.7 million and giving it Mr. DOMENICI. I move to table the that, Mr. President. We are talking to a program that saves lives, lives of Reid amendment and ask for the yeas about equity and fairness for rate- real human beings. and nays. These are not programs that some payers. The PRESIDING OFFICER. Is there a bureaucrat in Washington said, ‘‘Let us We live in a world of polls. I bet we sufficient second? There is a sufficient see if they will work.’’ I have given sta- could take a poll of the money that is second. tistics to the U.S. Senate tonight to in- in this fund, and most of it is in from Under the previous order, the voting dicate why the programs have worked ratepayers, and that money, if we ask sequence will occur at a later time. the ratepayers whether they would and how it is a terrible thing that this Under the previous order the Senator have the money digging a hole in Ne- Congress is going to say these pro- from Nevada is recognized to offer an vada or saving one kid, I guarantee grams are gone. We are going to wipe amendment. out these programs. how the poll would turn out. AMENDMENT NO. 439 TO AMENDMENT NO. 420 So I say, for this small amount of I submit to this body that this is a money, we would look foolish if we did vote for equity and fairness. We are re- (Purpose: To restore $3,750,000 of the amount not do it. And we would be playing scinding $14.7 million that goes into available for rural health research and saving lives, making streets safer, and $1,875,000 of the amount available for rural games if we did not give needy people health outreach grants) programs that save money. This is a in the long run and short run saving taxpayers’ relief amendment, Mr. this country 1,000 times what we invest Mr. REID. Mr. President, I say to my President. with $14.7 million in lower cost for edu- friend from New Mexico, he should be I hope this will receive bipartisan cation, lower cost for welfare, lower aware I have another amendment support. This is not a partisan matter. cost for law enforcement. where I am going to go after the same This is a matter that relates to the We should pass this amendment. money, and the Senator should be welfare of people throughout the Mr. MURKOWSKI. Mr. President I aware we might be able to cut down United States. yield myself 30 seconds. I would like to the time because the argument is basi- I reserve the remainder of my time. remind my colleagues that the U.S. cally the same as to a different subject. Mr. DOMENICI. How much time does Government has made a solemn com- Mr. President, I send an amendment Senator REID have? pact with customers of these utilities. to the desk.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4909 The PRESIDING OFFICER. The Why? Because it is a program, again, Philadelphia. But Pennsylvania is a clerk will report. Mr. President, in part of the rural very rural State, much like Nevada in The bill clerk read as follows: America that will save money. If we many instances. And rural Pennsyl- The Senator from Nevada [Mr. REID], pro- can, through education, teach people vania needs these Rural Health Out- poses an amendment numbered 439 to amend- about disease and what happens with reach Grants that I guarantee are serv- ment No. 420. disease, and keep people—especially ing people very well and saving money Mr. REID. Mr. President, I ask unan- senior citizens—out of long-term care, for the people of the State of Pennsyl- imous consent further reading be dis- we save lots of money. That is what vania, saving money for the taxpayers pensed with. this program is about. in Pennsylvania, and certainly tax- The PRESIDING OFFICER. Without Owyhee Emergency Medical Service. payers all over the country. Our miles objection, it is so ordered. Mr. President, Owyhee, NV, the name may be a little longer in Nevada than The amendment is as follows: came as a result of a group of trappers Pennsylvania, but the problems are the On page 14, between lines 12 and 13, insert that went up in that area in the early same. the following: part of the last century. They never Mr. President, 25 percent of the peo- NUCLEAR WASTE DISPOSAL FUND came back. They were trappers from ple in America live in rural areas. They (RESCISSION) Hawaii. And Owyhee is a derivation live in these areas and they need a Of the funds made available under this from Hawaii. We have Owyhee River, mechanism to access primary health heading in Public Law 103–316, $5,625,000 are Owyhee Indians. It is a very remote care, emergency care, and hospital sys- rescinded. area. tems. And the reason I think it is so On page 28, line 7, strike ‘‘, $42,071,000 are It is so remote, Mr. President, that I vital we understand that these pro- rescinded’’ and insert ‘‘for programs other was the first U.S. Senator to go to grams save lives is let us take, for ex- than the rural health research program and Owyhee. They remembered a couple of ample, one of the matters that would the rural health outreach grant program, Nevada U.S. Senators getting within 25 $36,446,000 are rescinded’’. be covered in this nonrescission that I miles, near of a reservoir, but I was the Mr. REID. Mr. President, again, this hope would occur that deals with rural first to go there last September. It is a health research funds, including rural calls for removing money from the Ci- wonderful place, right off the Idaho vilian Nuclear Waste Fund and placing telemedicine grants. border. Rural telemedicine is not something it in rural health outreach programs. What we have in this very remote that is abstract. What it means is This, Mr. President, is $5.6 million. part of Nevada is a consortium of na- someone in Battle Mountain, NV, Now, Mr. President, rural health out- tive American Indians and an Air could, through a television hookup at a reach grants, what are they? Let me Force base in the neighboring State of health center in this rural community, give an example of three we have in Ne- Idaho and a sheriff’s department. It be in contact with the Washoe County vada. Mount Grant General Hospital, was designed to improve emergency Medical Center, a first-rate medical Hawthorne, NV, Mr. President, is lo- medical services to a regional commu- center in Reno, NV. And a physician in cated in one of the most remote areas nity which crosses State lines. Reno could be talking to a patient in of the United States. Hawthorne, NV, Emergency services are vital to this Battle Mountain and watching that pa- was selected in the late 1920’s after area, as you have about 100 miles of tient on television with a rural doctor there was a huge explosion in a mili- very mountainous roads from the near- present, and describing where they tary ammunition depot in the eastern est frontier care center and over 400 hurt, what the symptoms are. And that part of the United States. Hawthorne, miles to the nearest tertiary level expert in Reno very likely could help NV, was selected because it was such a trauma center. remote area. These are programs that really help. that rural physician identify the prob- Hawthorne, NV, to say the least, is These are what the rural health out- lem. Or, if, after having gone through remote. From the late 1920’s until reach programs are. In Nevada, we this procedure, separated by hundreds today there has been ammunition have three programs. of miles, the physician in the major stored there. To fly over Hawthorne, The State of Nevada is an unusual medical center says, I think you better NV, today, you would see hundreds and State in the sense that about 70 per- bring him in, bring her in. hundreds of these mounds and in each cent of the people live in the Las Vegas The fact is, this is going on in Penn- of them is explosives, ammunition. area. It is a huge State, the seventh- sylvania. It is going on in New Mexico. It was the largest naval ammunition largest State in the Union, but we have It is going on in places all over Amer- depot in the world. There was a deci- the most sparsely populated part of the ica. If we do not put these moneys back sion made by the military to join all United States but for Alaska in the that have been rescinded, these pro- ammunition storage to the Army, and northwestern part of the State. It is grams are going to be terminated. It as a result of that it was no longer the the most sparsely populated part of the will suspend or terminate the comple- largest ammunition depot in the mili- United States except for Alaska. tion of telemedicine projects underway tary, but it is still real big, in a very In Las Vegas and Reno we have very all across the Nation. sparsely populated part of the State of up-to-date modern medical facilities, These are relatively new programs Nevada. including ambulance service. But in and these programs are not fluff. These Part of these rural health outreach these rural areas it is much like other are not programs, again, that some bu- grants went to a consortium made up parts of America. We have volunteer reaucrat in Washington dreamed up. of a county hospital, a local Indian crews that serve in these rural areas. These are programs where there have tribe, the Walker River Indians, and a Mostly they are trained at the basic been pilot projects in effect prior to senior citizens center to provide health emergency medical technician level, our appropriating these moneys. We promotion information to a county and they ride most of the time out- know they work and we know they where there are about 6,000 Nevadans. dated and marginally equipped ambu- save money. Again, if we can keep Though funded for less than a year, lances and are typically hundreds of someone out of the hospital or long- Mr. President, this program has pro- miles from even a rural or frontier term care settings we save money— vided seven programs throughout Min- basic level hospital. Remember, fron- Medicare, Medicaid, and private dol- eral County on topics including sexu- tier is even more remote than rural, by lars. So we need to reestablish the ally transmitted diseases, nutrition, definition. Rural Health Outreach Grants that pharmaceutical inquiry and health Mr. President, 13 of Nevada’s 17 coun- have been rescinded. Taking these screening for senior citizens. Native ties are identified as health profession moneys from the Civilian Nuclear Americans and other rural Nevadans shortage areas. Waste Fund is not going to affect the have benefited from this program. This Most people do not realize that Penn- ratepayers. It is not going to affect the program will ultimately provide trans- sylvania is a very rural State. A lot of progress at Yucca Mountain at all. The portation services and adult day care places in Pennsylvania are remote. other program was about 3 percent; where none now is currently available. Most people, when they think of Penn- this is about 1 percent of nuclear waste Really an important program. sylvania, they think of Pittsburgh and moneys for this year.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4910 CONGRESSIONAL RECORD — SENATE March 30, 1995 So I hope my colleagues would under- I yield back my time remaining to well the program money would be used stand, again, that the program I wish the Senator from New Mexico. for these programs. to have the money restored to is a pro- The PRESIDING OFFICER. The Sen- I choose tonight not to discuss the gram that deals with people, with flesh ator from New Mexico. programs. Rural health care, no. We and bones. The only thing, they do not Mr. DOMENICI. Mr. President, the ought to try things. Perhaps that is live in the big cities. And we need in ratepayers of the United States have what the Senator wants to do. And a this modern era to allow them to be paid over $8 billion into a trust fund. few other programs. There are a lot of part of what is happening throughout The money is supposed to be used to things we ought to spend money on. urban America. They can do that with take care of nuclear waste. We have al- But we do not have the money, and cer- telemedicine and some of these other ready spent substantial amounts, much tainly we do not have the money in the outreach programs. of it in the State of Nevada, trying to Nuclear Waste Fund to spend for this I reserve the remainder of my time. prove up a site for permanent storage, when it is already committed. We may The PRESIDING OFFICER. Who that is the forever storage. There is not even have enough money in that yields time? The Senator from New now $5.5 billion in the trust fund. trust fund. Mexico. Let me draw a couple of analogies for Incidentally, Mr. President, we may Mr. DOMENICI. How much time do Senators. We appropriate for the ad- have to go back to these ratepayers we have? ministrative costs of Social Security and say we have used your money, and The PRESIDING OFFICER. The Sen- from the Social Security trust fund. So we need some more. Will it not be nice ator from New Mexico has 20 minutes, now we have an appropriation bill for to say, by the way, one evening in the the Senator from Nevada has 9 minutes the 1995 year, and it has $542 million Senate, we took $20 million away and and 20 seconds. for the administrative costs of Social Mr. DOMENICI. The chairman of the spent it for something else? Security from the trust fund, paid in Energy Committee, Senator MUR- by workers and employers in America. I do not need any more time. I am KOWSKI, wants 2 minutes. I will not use Somebody comes to the floor and says, prepared to yield back, and I do yield all of my time, I say to the Senator. If ‘‘I have an amendment. There is a back the remainder of my time. he could consider using less than all of whole bunch of social programs we The PRESIDING OFFICER. Who his time, I will yield back some of would like to take care of, so let us yields time? mine. The PRESIDING OFFICER. The Sen- take part of this $542 million trust fund Mr. REID. Mr. President, if I may re- ator from Alaska is recognized for 2 that we allocated to administer and spond, I recognize the time is arriving minutes. manage Social Security and let us to 9:30. I would like to meet that dead- Mr. MURKOWSKI. Mr. President, spend it for one of these two good pro- line. again I must rise in opposition to the grams that the Senator has in mind.’’ Mr. President, Senators tonight are Reid amendment for the same reason What would happen? First of all, I do acting as a court of fairness. What is prevailing on the previous Reid amend- not think anyone would do it because the fair thing to do? We have talked ment. While the Senator from Nevada it is Social Security trust funds. about ratepayers. Let us talk about makes a very appealing case for the Mr. President, this trust fund is taxpayers. This $5.5 billion that is in utilization of these funds, I must re- owned by millions, just like Social Se- this fund, we are talking about with mind him again that there is a prin- curity, of ratepayers who are paying this amendment taking $5.5 million ciple here, an underlying principle of higher utility bills because they expect and giving it to programs that benefit trust, and that trust must be honored. the money to be used to dispose of nu- America, 25 percent of the people who Mr. President, what we are talking clear waste. live in places all over the country simi- about here again is a solemn compact, Mr. President, we appropriate high- lar to the chairman of this com- with the customers of these nuclear way user funds. So people pay gasoline mittee—Alaska, Nevada. We think of utilities who have paid amounts into taxes into a trust fund for highways. those States as rural. But other States the waste fund, that the Federal Gov- Then we have to appropriate to take all over America —New York—have ernment will use these moneys only for care of the contract obligations. Would rural areas. We need to help rural the purpose of taking care of nuclear anyone come to the floor, and, as part Americans regarding their health care. of a rescissions package say, ‘‘There is waste. Mr. President, the chairman of the We cannot meet other obligations, a lot of money in this trust fund for highways collected from the gasoline subcommittee raises a good point. regardless of how worthy they might What if people come here and want to be. Diverting those funds is simply not tax; there is a little more than we know how to use for the highways, so spend $5.5 billion in some other pro- fair to the customers of those utilities gram? I was very careful in selecting nor is diverting those funds fair to let us spend it for one of these two programs that the Senator has in mind?’’ the programs where I am asking that Americans everywhere. the rescissions not take place. I could This nuclear waste must be disposed Actually, this trust fund that I am speaking of is a better case on spending have picked WIC, Head Start, Safe and of. It will not just go away. Without Drug-Free Schools, AmeriCorps, very these moneys, the nuclear waste sim- trust funds improperly than either of the two that I have given you. large amounts. But I chose these very ply will not be cleaned up. It is an obli- small extremely beneficial programs. gation we all have. The Senator in combination would Mr. President, what the Senator from ask us tonight to take $20.325 million We tonight should be concerned Nevada is proposing is making every- heretofore appropriated from this trust about taxpayers, not ratepayers. We one else in America pay for the cleanup fund being used to proceed in as or- should be concerned about doing some- of nuclear waste that is basically al- derly a manner as we can put together thing that is going to save this country ready paid for one time by the rate- for nuclear waste activities and spend large amounts of money. And all the payers. it on two or three programs that the money that is wasted with the DOE, Further, there have been no hearings Senator can rightfully stand up and they will not even know this is gone, on this matter. We really do not under- say, if you took the money out of $130 million additional moneys the stand the impact of the Senator’s there, it would do some good. year, 1995, a total of almost $400 mil- amendment other than it would void a My final observation is this is about lion. This is money that we should not portion of the funds that have been $5.5 billion left in this trust fund. have rescinded. paid in by well-meaning ratepayers, Friends, we could just all figure out I ask my colleagues to understand based on the trust and confidence they each year when we put this money into the importance of these programs— have in the Federal Government to an appropriations mode, some social or again, I repeat—to real persons, men keep its word. welfare or citizen need, and we could and women and children who have done I am very concerned the Senator’s come to the floor and say, I want to nothing wrong. They live in rural amendment will do grave harm to the move it from that appropriation to this America. They need to be made mod- cleanup and the disposal of nuclear appropriation, and then give us a nice ern. That is what we are doing with waste. interesting litany and discourse on how these rural health outreach programs.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4911 AMENDMENT NO. 429 longer stand idly by, fiddling while our That is why I support Senator MUR- Mr. PACKWOOD. Mr. President, I forests burn. We are one errant RAY’s amendment to the bill. Senator want to take this opportunity today to match—or one random lightning MURRAY’s proposal is a balanced ap- speak in support of the Gorton emer- strike—away from a catastrophic con- proach to this contentious issue. It ex- gency salvage amendment and in oppo- flagration that would blacken hillsides pedites sales of timber salvage, which sition to the substitute amendment in parts of my State for as far as the should satisfy the timber interests. But proposed by the junior Senator from eye can see. We can remove this dead at the same time it respects existing Washington. material, provide some small measure law, excludes Federal lands that should We have heard a lot of talk today of hope to our timber families, and not be touched, limits the definition of about how these are the people’s for- start returning or forests to their salvage sale, and allows for citizen and ests. These forests are a national treas- green and healthy state. judicial involvement. Too many family-wage jobs have ure. We must maintain these forests In all honesty, I would prefer a bill been clearcut and replanted with min- for our future generations.We must not with no provision addressing timber imum-wage jobs. The time has come be allowed to destroy them. Mr. Presi- salvage. This bill is not the place for for an aggressive salvage program that dent, I could not agree more. But by such a provision, particularly one that will give our forests—and our people— maintaining the status quo—and by will result in a steep cost to the Fed- hope. I believe the people of this coun- that I mean the continued lack of any eral Treasury. management activity—we are doing try want vital, healthy forests. I just that. We are now destroying our strongly urge a vote to table this I commend the junior Member from forests as we sit idly by and do noth- amendment. Washington for stepping into a leader- ing. AMENDMENT NO. 429 ship role, and developing a sound com- I do not believe the average citizen Mr. LAUTENBERG. Mr. President, I promise to this very difficult issue. would approve of the state of deteriora- rise today in opposition to Senator I yield the floor. tion of our forests. For example, the GORTON’s timber salvage provision to Mr. KEMPTHORNE. Mr. President, I eastside forests of Oregon and Wash- this rescission bill, and in support of would like to commend my colleague ington alone have lost 135,000 acres of Senator MURRAY’s alternative lan- Senator GORTON’s efforts to expedite forest to insects or disease. Another guage. timber salvage in the amendment to 543,000 acres are imperiled by insects The language currently in the bill H.R. 1158, the bill now before us. I mandates the expeditious sale of sal- and disease if not treated aggressively. would also like to comment on the pro- vage timber without concern for the These are Forest Service figures. And visions of the amendment referring to cost to the Federal Treasury, without these figures do not include the threat the Endangered Species Act. of loss due to wildfire, which is an ever- concern for market demand, without The timely and efficient salvage of increasing reality. concern for sound environmental prac- Mr. President, in the first 3 months tices, and without concern for citizen burned timber is of great concern to of 1995, four more Oregon mills have and judicial involvement. me and to my home State of Idaho. The closed and two more have given their This is old fashioned politics. It is a catastrophic forest fires that swept 60-day notice to employees. These are giveaway which will enrich one indus- across the West last summer cost our mills that rely on timber from Federal try and impoverish a Nation of its nat- Nation much in terms of lives, prop- lands, and without that supply, they ural resources. erty, habitat, and economic resources. just can’t make it. I could quote sta- Mr. President, at a time when we are Idaho suffered the greatest timber tistic after statistic about how many trying to reinvent government, this is loss of any State—over 1.5 billion board people are directly and indirectly af- not the way to do business. Senator feet—enough timber to build over fected by these closures. But these peo- GORTON’s provision would result in a 137,000 homes, and to provide jobs for ple are more than statistics. They are dramatic change in the Federal Gov- up to 35,000 people. ernment’s approach to timber manage- real people. They have families to feed ment and sale—without appropriate re- The timber damaged in those fires and clothe. Kids to send to college. Car view by the Senate and the public. has a limited 2 year window of oppor- payments. House payments. Braces and The language approved by the com- tunity for harvest, before the value of medical bills. They are people like you mittee is an assault on our Nation’s that wood is lost, and those economic and me who are being displaced from natural resources, an assault on sound resources are lost as well. good jobs for no good or rational rea- science, an assault on existing laws, Yet some groups are already an- son. and an assault on the Senate’s legisla- nouncing their intent to appeal, even In many cases the mill is the back- tive process. before most of the salvage sales have bone of the community—if the mill The existing provision assumes that been proposed. This is despite the need closes, the entire town is affected. In there is a forest health crisis due to infor quick action, and despite the fact many cases the Federal forest land sects, disease, and fires. The timber in- that the Forest Service has already de- that once provided raw material for dustry feels that salvaging the diseased termined that the majority of the fire- these mills is literally within walking and dying trees is crucial to forest damaged areas will not be harvested. distance of the mill. These people have health. Others feel that much of what This has been done to address habitat, personally watched these forests get salvage logging would remove is actu- water quality and other important en- sick and die because of misguided Fed- ally crucial to the forest ecosystem. vironmental concerns. eral policy. They have urged Federal Obviously, this is a scientific matter land management agencies, in vain, to Two National Forests in Idaho were that should best be left to the experts, hardest hit by the fires—the Payette do something about the deteriorating or to comprehensive, fair hearings in conditions. These are people who have and the Boise National Forest. On the committees—certainly not fast-track Payette, less than 10 percent of the fought the rampaging forest fires that fixes on a rescission bill. burned timber is being considered for creep ever closer to their homes and The language in Senator GORTON’s salvage. And on the Boise, they are towns. These are frustrated people who provision suspends virtually every don’t understand why their govern- major environmental law, including, considering less than half. ment will not let them salvage dead but not limited to, the Forest and As I noted, most of these sales are and dying timber to keep their mills Rangeland Renewable Resources Plan- still in the proposal stages. But one, and the forests alive. And I share their ning Act; the Federal Land Policy the Boise River fire recovery effort, has frustration. Management Act; the National Envi- been available for appeal for a week. The forest health problem in Oregon ronmental Policy Act; the National Already, the Forest Service has re- has reached a crisis state. There are Forest Management Act; the Endan- ceived one appeal. Keep in mind that hundreds of thousands of acres of dead gered Species Act, and the Multiple- the window for appeals will run until and dying trees, surrounded by huge Use Sustained Yield Act. May 1 for the Boise River recovery fuel loads on the forest floor, just wait- This is not sound policy and could be sale, and most appeals will not be sub- ing to be ignited. Congress can no disastrous to our Nation’s forests. mitted until closer to the deadline.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4912 CONGRESSIONAL RECORD — SENATE March 30, 1995 We’re running into delays from all agencies successfully follow the expe- On December 31, 1995, roughly 4,500 sides, and I am glad to support my col- dited procedures, their performance is grazing permits in the western United leagues’ efforts to expedite the process. deemed adequate to comply with exist- States will expire. Approximately 140 As part of those efforts, the salvage ing environmental and natural re- of those permits are in my home State sales amendment requires preparation sources statues. These expedited proce- of Arizona. As part of the renewal proc- of a single document that combines an dures are essential if we are to appro- ess the Forest Service has embarked environmental assessment under the priately respond to the forest health upon a new policy of requiring NEPA National Environmental Protection emergency we face. compliance for individual permits. Act with a biological evaluation under Third, they say that the Gorton While we all agree that grazing the Endangered Species Act. amendment eliminates judicial review. should be done in an environmentally At another point in the timber sal- Well it does not. The amendment pro- sensitive manner that protects the re- vage amendment there is language that vides an expedited form of judicial resources of our national forests, I am states production of a biological eval- view that has already been upheld by troubled by the very real possibility uation shall be deemed to satisfy all the Supreme Court in previous litiga- that the Forest Service will not com- applicable Federal laws, including the tion. plete the individual NEPA analyses in requirements of the ESA. Fourth, they say that the Forest time to reissue the grazing permits. Mr. President, I have seen a number Service cannot meet the salvage tar- of bills have been introduced in this gets. Well the amendment does not If the permits are allowed to expire, Congress that attempt to modify the have any targets. I wish it did. Today, ranchers and their cattle will be forced ESA in particular ways. I am not con- the Forest Service is working on its ca- off of Forest Service land. This would vinced that in every case they fully ad- pability statement on the House be economically devastating to ranch- dress the complex problems of the ESA. version of this amendment. There are ers in many Western States where the Further, I am concerned that they strong indications that, with the expe- only available grazing lands are those may have other, unintended con- dited procedures of the House bill— held by the Forest Service. sequences than just the consequences matched in pertinent part in the Gor- As currently proposed, this new pol- they seem to affect on the surface. ton amendment—the Agency can meet icy will have a serious economic im- I hope that this amendment will have the House targets and still comply pact on permit holders, and will yield the intended effect of allowing the sal- with the substantive requirements of very little, if any, positive benefits for vage timber to be cut in a timely man- existing environmental and natural re- the environment. It serves no purpose ner, and that the forests of Idaho will sources law. to arbitrarily remove a rancher only to be protected from fuel load buildup. I Fifth, they say that this amendment find out that their activities were not certainly hope that we can accomplish will cost the Treasury. This is false. having an adverse impact on the envi- the very necessary salvage timber har- The Gorton amendment has received a ronment. vest, and that we can then proceed to positive score from the Congressional This type of draconian action serves the very important matter of reform- Budget Office. neither the interest of the environ- ing the ESA. Sixth, they say that the amendment ment, the rancher, nor the commu- Mr. MURKOWSKI. Mr. President, I may disrupt and actually reduce tim- nities which rely on ranching revenues rise against the amendment to strike ber sales. If that were true, I would ex- for their tax base. The amendment of- the Gorton salvage amendment. This pect them to strongly support the Gor- fered by Senator PRESSLER will ensure amendment is an essential response to ton amendment. But it is not. The Gor- that the Forest Service cannot evict an emergency forest health situation ton amendment contains protective ranchers and their livestock from graz- on our Federal forests as evidenced by language to assure that potential envi- ing allotments merely because the last year’s fire season. Our committee ronmental litigants cannot disrupt agency has not completed all the has held oversight in this area, and has other agency functions due to this NEPA documentation. recognized the severity of the problem. amendment. It is my understanding that compli- I have been generally perplexed by I recommend we support the Gorton ance with NEPA is required only for the misconceptions that accompany amendment as an appropriate emer- major Federal actions and, until re- the attacks on this amendment. But gency response to the problem. cently, the Forest Service did not con- As I listen to critics of this amend- today I know why this may be the case. sider the renewal of single grazing per- ment, I have come to conclude that Yesterday Senator GORTON and Con- mits to be a major Federal action. Ad- they must be discussing some other HARLES AYLOR gressman C T , along with ditionally, the Forest Service already provision than the one offered by Sen- RAIG Senator C —the author of S. 391, a conducts an environmental analysis of ator GORTON. measure directed at another aspect of ranching activities during consider- First, they say that the Gorton this problem—offered to meet with a ation of forest management plans. amendment mandates increased sal- group of activists opposed to both the vage timber sales. The Gorton amend- Gorton amendment and S. 391. To- Mr. President, serious questions have ment does not mandate timber sales, it gether, they cleared time on their cal- been raised about the Forest Service’s provides the administration with addi- endars at 9 a.m. But they found the ac- legal requirement to proceed with this tional flexibility to sell salvage sales tivists were more interested in pre- additional environmental analysis. to the extent feasible. I trust the ad- paring for their 9:30 a.m. press con- There are no Federal court cases re- ministration to properly utilize the ference than meeting with the authors quiring the Forest Service to complete flexibility. Opponents of the Gorton of the three provisions that they pro- either an environmental impact state- amendment apparently don’t trust this ceeded to lambast. That sort of inter- ment [EIS] or an environmental assess- administration. I can’t tell whether est group behavior cannot be tolerated ment [EA] prior to the issuance of a they don’t want to rehabilitate burned if we are to continue to have informed grazing authorization or term permit. forests, or whether they need indi- debates in this body. Courts have held, however, that graz- vidual sale sign-off from Forest Service Mr. President, I rise in support of the ing should continue during the period Chief Jack Ward Thomas, the Sec- Gorton amendment, against the of time that the NEPA process is being retary of Agriculture, and—maybe amendment to strike, and against any completed. even—Vice President Gore to trust the other modifying amendments. Along with my colleagues from Ari- administration. Mr. MCCAIN. Mr. President, I rise zona, Senator KYL, I wrote to the De- Second, they say that the Gorton today in support of the amendment of- partment of Agriculture asking the De- amendment suspends all environ- fered by the Senator from South Da- partment to review its new reissuance mental laws. The Gorton amendment kota which will allow ranchers and policy and determine if the permits expedites existing administrative pro- their livestock to stay on U.S. Forest could be extended until the NEPA proc- cedures under the Endangered Species Service land until the National Envi- ess is complete. While we have not re- Act, the National Environmental Pol- ronmental Policy Act [NEPA] process ceived a response to this letter, it is icy Act, and other measures. If the is complete. my understanding that the Forest

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4913 Service has made it clear they are un- preoccupation with encouraging great- year 1995, and $4.8 billion as a ‘‘contin- able to extend the permits under cur- er timber sales, would waive environ- gency’’ appropriation, which can be ob- rent law. mental laws. Given the large amount of ligated by the President beginning in It appears that this new process for timber that could be harvested under fiscal year 1996 with specific notifica- addressing the reissuance of grazing this amendment, and the possible af- tion of the Congress. permits is unnecessarily disruptive to fects of this harvesting on fish and The bill provides $27 million in non- those involved and does nothing to fur- wildlife habitat, I am uncomfortable emergency program supplementals re- ther the Forest Service obligation to with the wholesale waiver of environ- quested by the President, which can be promote fairness and proper manage- mental statutes. accommodated within the overall cap ment of public lands. For these rea- In some cases, these laws have hin- on discretionary spending. sons, I believe that the Forest Service dered the ability of the Forest Service should extend the expiring permits to implement a responsible timber pro- Finally, the bill includes rescissions pending completion of the NEPA stud- gram. Congress is actively taking steps totaling $13.1 billion in budget author- ies. through the committees of jurisdiction ity and $1.2 billion in outlay savings Mr. President, I support the Sen- to address these circumstances. for fiscal year 1995 to offset the costs of ator’s amendment and I hope the Sen- Senator CRAIG has introduced legisla- the disaster aid and provide further ate conferees will work to retain it. tion to establish a more deliberate and deficit reduction as the Congress seeks Mr. DASCHLE. Mr. President, today timely process for dealing with forest to move toward a balanced Federal we have an opportunity to articulate in health problems. I am working with budget. this rescission bill policy relating to him to move this bill through the ap- I urge my colleagues to support the timber salvage sales. It is my hope that propriate committees and to the floor bill and put a ‘‘mini downpayment’’ on the Senate will send a clear message to this year, so that we can begin to ad- the significant deficit reduction that the Forest Service that considerably dress forest health in a systematic, de- will be required to balance the budget more timber salvage needs to be har- liberate, thorough and effective man- and begin to alleviate the burden of vested in the forthcoming year. ner. In addition, Senator KEMPTHORNE debt we are leaving to our children and As many of my colleagues know, the intends to produce legislation to re- our children’s children. timber harvest on national forests has form the Endangered Species Act. declined considerably during the last I would not be surprised if both of The fact that the Senate and House few years. In some cases, this has been these bills are enacted during this ses- are paying for the supplemental spend- due to problems encountered in the Pa- sion of Congress. ing for defense programs and disaster cific Northwest, as the logging prac- I believe that enactment of author- assistance is to be commended. It will tices of the 1980’s led to inevitable izing legislation is the appropriate way prevent some $15 billion from being clashes between the timber industry to change the scope or applicability of added to the Federal deficit, and puts and environmental organizations, and environmental laws—not ad hoc the Congress on the right path toward the conflict was thrown into the Fed- amendment of this rescission bill. a balanced budget. eral court system, which halted much Therefore, I support the amendment of- The administration has indicated in of the timber activity in that region. fered by Senator MURRAY which, its communications on this bill that it Ultimately, through the development among other things, will expedite tim- remains committed to deficit reduc- by the Clinton administration of a le- ber sales by streamlining the appeals tion. However, the administration then gally defensible compromise, some process and by limiting consultation proceeds to object to most of the sav- light is now evident at the end of the with the Fish and Wildlife Service and ings included in these bills. tunnel. the National Marine Fisheries Service Nonetheless, progress has not been as to 30 days. In many cases, the rescissions are rapid as the timber industry would Under the Murray amendment, sal- from programs proposed for reduction have liked. And that is understandable. vage sales cannot be held up solely be- or termination by the President, are The pipeline of timber sales in the Pa- cause the Fish and Wildlife Service or from unobligated balances that will cific Northwest largely dried up during the National Marine Fisheries Service not realistically be spent, or reduce this period of litigation, and it has claims that they do not have adequate significant increases provided for pro- been slow to recover. Simultaneously, information. Also, a presumption is es- grams at a time when the overall budg- drought, insects and disease have tablished that timber sales offered et is constrained. taken a toll on other forests, resulting under Option Nine in the Pacific The administration also focused on in considerable dead and dying timber Northwest meet all environmental re- its commitment to deficit reduction in and the associated fire danger through- quirements. the President’s fiscal year 1996 budget out the west. The frequency and inten- These measures should significantly submission, but made no proposals sity of forest fires experienced last improve the availability of timber in whatsoever to deal with escalating year were grim testament to the unac- that region and throughout the coun- spending on entitlement programs, and ceptable situation that now exists. try. I urge my colleagues to vote for claimed phony savings in discretionary And, at the same time, the Forest this amendment and hope that, if we programs under the methodology OMB Service’s timber program budget has adopt it today, it will be included in used to calculate the spending caps. shrunk, reducing its ability to harvest the final bill that is sent to the Presi- this timber in a timely fashion. On dent for enactment into law. Now is the time for Congress to em- many national forests, the actual har- Mr. DOMENICI. Mr. President, I rise bark on a serious journey to get its fis- vest levels are well below the levels in support of the Senate-reported cal house in order. This bill is but a that have been determined by the For- version of the Emergency Disaster Sup- first step on what will be a long and est Service to be sustainable. plemental Appropriations and rescis- difficult, but necessary, journey. We now are faced with developing sion bill for fiscal year 1995. I urge the passage of the bill. and instituting an appropriate remedy. I commend the distinguished chair- Mr. President, I ask unanimous con- Serious steps should be taken to iden- man of the Appropriations Committee sent that there be printed in the tify salvage timber and harvest it in an for his efforts to move this bill expedi- RECORD at this point two tables show- expedited fashion. By doing so, we can tiously for Senate consideration. ing the relationship of this bill to the at least attempt to mitigate fire dam- The Senate substitute provides emer- age and begin to provide needed relief gency disaster assistance totaling $6.7 section 602 allocations to the Appro- to timber-dependent communities. billion as requested by the President to priations Committee and to the cur- Without question, the Gorton amend- assist the victims of the Northridge rent level which displays congressional ment to the rescission bill would move earthquake in California and natural action to date for fiscal year 1995. more timber and expedite the salvage disasters in 40 other States. There being no objection, the tables program. My concern is that the Gor- The bill provides $1.9 billion to be were ordered to be printed in the ton amendment, in its understandable available for the remainder of fiscal RECORD, as follows:

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4914 CONGRESSIONAL RECORD — SENATE March 30, 1995 STATUS OF S. 617, EMERGENCY SUPPLEMENTAL AND b In accordance with the Budget Enforcement Act, these totals do not in- diately pending and ask for the yeas clude $1,838 million in budget authority and $335 million in outlays in RECESSIONS; SENATE-REPORTED funding for emergencies that have been designated as such by the Presi- and nays? [Fiscal year 1995; in millions of dollars, CBO scoring] dent and the Congress in this bill. The PRESIDING OFFICER. Is there a c Reflects revised allocation under section 9(g) of H. Con. Res. 64 for the Deficit-Neutral reserve fund. sufficient second? Senate Sub- Total Prepared by SBC Majority Staff, 03/29/95. There is a sufficient second. Current b 602(b) Subcommittee a S. 617 commit- comp to status alloca- ENDANGERED SPECIES ACT LISTINGS AND The yeas and nays were ordered. tee total tion allocation CRITICAL HABITAT DESIGNATIONS Mr. REID. Mr. President, reserving Agriculture-RD: Mr. CHAFEE. Mr. President, earlier the right to object, could the Senator BA ...... 58,117 ¥189 57,927 58,118 ¥191 OT ...... 50,330 ¥104 50,226 50,330 ¥104 this month, while considering the De- from Alaska repeat what the unani- Commerce-Justice: c partment of Defense supplemental ap- mous consent request is? BA ...... 26,873 ¥264 26,608 26,903 ¥295 OT ...... 25,429 ¥108 25,321 25,429 ¥108 propriations bill, the Senate adopted Mr. MURKOWSKI. Simply to submit Defense: an amendment that was offered by the a second-degree amendment to amend- BA ...... 243,628 ...... 243,628 243,630 ¥2 OT ...... 250,661 ...... 250,661 250,713 ¥52 Senator from Texas. Senator ment No. 427 and ask that it be taken District of Columbia: HUTCHISON’s amendment will rescind up at the appropriate time. BA ...... 712 ...... 712 720 ¥8 OT ...... 714 ...... 714 722 ¥8 $1.5 million from the U.S. Fish and Mr. REID. Mr. President, I do not Energy-Water: Wildlife Service’s account for Endan- serve on the Banking Committee. BA ...... 20,493 ¥332 20,161 20,493 ¥332 There are two, three, four Republicans OT ...... 20,884 ¥166 20,717 20,888 ¥171 gered Species Act listings and critical Foreign Operations: habitat designations. That bill is cur- on the floor, five, all my friends. I BA ...... 13,679 ¥100 13,579 13,830 ¥251 know that they are not going to take OT ...... 13,780 ¥11 13,770 13,780 ¥10 rently before a House-Senate con- Interior: ference committee. At the moment, I advantage of anyone. But I just cannot BA ...... 13,578 ¥312 13,267 13,582 ¥315 have not heard whether the conferees do that because I do not understand the OT ...... 13,970 ¥137 13,832 13,970 ¥138 Labor-HHS: d have agreed to accept the Senate posi- banking issue before this body. BA ...... 266,170 ¥2,906 263,264 266,170 ¥2,906 tion and include the Hutchison amend- I will object. OT ...... 265,730 ¥352 265,378 265,731 ¥353 Legislative Branch: ment in the final DOD supplemental Mr. MURKOWSKI. This is simply a BA ...... 2,459 ¥26 2,434 2,460 ¥26 bill. second degree to the D’Amato amend- OT ...... 2,472 ¥18 2,454 2,472 ¥18 Military Construction: The bill we are considering today in- ment which is the pending business. BA ...... 8,836 ¥231 8,605 8,837 ¥232 cludes a provision to rescind funds Mr. DOMENICI. Senator D’AMATO is OT ...... 8,525 ¥38 8,488 8,554 ¥66 Transportation: from the same account as the original not here. I object, if the Senator is not BA ...... 14,265 ¥1,671 12.593 14,275 ¥1,682 amendment by Senator HUTCHISON. It here. Did Senator D’AMATO approve? OT ...... 37,087 ¥36 37,050 37,087 ¥37 Treasury-Postal: e is my understanding that the intention Mr. MURKOWSKI. Senator D’AMATO BA ...... 23,589 ¥248 23,342 23,757 ¥415 of the managers of the bill is to rescind is joining me. OT ...... 24,221 ¥17 24,204 24,261 ¥57 VA-HUD: these funds in either the DOD bill or in Mr. REID. I join my friend from New BA ...... 90,256 ¥6,819 83,437 90,257 ¥6,820 this one, but not to rescind the funds in Mexico in objecting. OT ...... 92,438 ¥174 92,264 92,439 ¥175 Reserve: both bills. In fact, on page 32 of the Mr. DOMENICI. Could I get the yeas BA ...... 2,311 ¥2,311 Senate Appropriations Committee Re- and nays on the Reid amendment? OT ...... 1 ¥1 Total Appropriations: f port it states: ‘‘The issue of a revised The PRESIDING OFFICER. The yeas BA ...... 782,655 ¥13,097 769,558 785,343 ¥15,785 funding level for Endangered Species and nays have been ordered. OT ...... 806,241 ¥1,162 805,079 806,377 ¥1,298 Act programs will be considered by the Mr. DOMENICI. I thank the Chair. a In accordance with the Budget Enforcement Act, these totals do not in- Committee in the context of conclude $1,394 million in budget authority and $6,466 million in outlays in Mr. REID. Mr. President, I suggest funding for emergencies that have been designated as such by the Presi- ference actions on both this bill and the absence of a quorum. dent and the Congress, and $877 million in budget authority and $935 mil- the Department of Defense supple- lion in outlays for emergencies that would be available only upon an official The PRESIDING OFFICER. The budget request from the President designating the entire amount as an mental.’’ Would the Senator from clerk will call the roll. emergency requirement. Washington confirm my understanding b In accordance with the Budget Enforcement Act, these totals do not in- The assistant legislative clerk pro- clude $1,838 million in budget authority and $335 million in outlays in and would he please explain the mean- ceeded to call the roll. funding for emergencies that have been designated as such by the Presi- ing of this report language? dent and the Congress in this bill. Mr. FORD. Mr. President, I ask unan- c Of the amounts remaining under the Commerce-Justice Subcommittee’s Mr. GORTON. Mr. President, I appre- imous consent that the order for the 602(b) allocation, $28.1 million in budget authority and $6.2 million in out- ciate the opportunity to set the record lays is available only for appropriations from the Violent Crime Reduction quorum call be rescinded. Trust Fund. straight on this. It is not my intention The PRESIDING OFFICER. Without d Of the amounts remaining under the Labor-HHS Subcommittee’s 602(b) to include a rescission from the endan- allocation, $11.1 million in budget authority and $2.6 million in outlays is objection, it is so ordered. available only for appropriations from the Violent Crime Reduction Trust gered species listing program in two VOTE ON AMENDMENT NO. 437 Fund. separate rescission bills. When it be- e The PRESIDING OFFICER. Under Of the amounts remaining under the Treasury-Postal Subcommittee’s comes clear that the Hutchison amend- 602(b) allocation, $1.3 million in budget authority and $0.1 million in out- the previous order, the question now lays is available only for appropriations from the Violent Crime Reduction ment will be accepted by the DOD con- Trust Fund. occurs on agreeing to amendment No. f ference committee, I plan to offer an Of the amounts remaining under the Appropriations Committee’s 602(a) 437 offered by the Senator from Ala- allocation, $30.5 million in budget authority and $8.9 million in outlays is amendment to eliminate the rescission bama [Mr. SHELBY]. available only for appropriations from the Violent Crime Reduction Trust from the listing account that is in- Fund. The yeas and nays have been ordered. cluded in this bill. NOTE: Details may not add to totals due to rounding; Prepared by SBC The clerk will call the roll. Majority Staff, March 27, 1995. Mr. CHAFEE. I am pleased to hear The assistant legislative clerk called the Senator’s response and I thank him the roll. FY 1995 CURRENT LEVEL, S. 617, EMERGENCY for his cooperation. SUPPLEMENTAL AND RESCISSIONS BILL Mr. MURKOWSKI addressed the Mr. LOTT. I announce that the Sen- [In billions of dollars] Chair. ator from North Carolina [Mr. FAIR- CLOTH] is necessarily absent. Budget The PRESIDING OFFICER. All time authority Outlays has been yielded back on the Repub- I also announce that the Senator from Minnesota [Mr. GRAMS] and the Current level (as of March 24, 1995) a ...... 1,236.5 1,217.2 lican side. S.617, Emergency Supplemental and Rescissions, Mr. MURKOWSKI addressed the Senator from Kansas [Mrs. KASSEBAUM] as reported by the Senate b ...... ¥13.1 ¥1.2 Chair. are absent due to a death in the family. Adjustment to conform mandatory items with Budget Resolution assumptions ...... (*) (*) The PRESIDING OFFICER. The Sen- Mr. FORD. I announce that the Sen- ator from Alaska. ator from Montana [Mr. BAUCUS], the Total current level ...... 1,223.4 1,216.0 Revised on-budget aggregates c ...... 1,238.7 1,217.6 Mr. MURKOWSKI. Mr. President, I Senator from North Dakota [Mr. ask unanimous consent to send, along CONRAD], and the Senator from North Amount over (+)/under (¥) budget aggregates ..... ¥15.4 ¥1.6 with Senator D’AMATO, a second-degree Dakota [Mr. DORGAN] are necessarily Note: Details may not add to totals due to rounding; amendment to amendment No. 427, and absent. * Less than $50 million. a In accordance with the Budget Enforcement Act, the total does not in- ask that it be taken up at the appro- The PRESIDING OFFICER. Are there clude $1,394 million in budget authority and $6,466 million in outlays in priate time. any other Senators in the Chamber funding for emergencies that have been designated as such by the Presi- dent and the Congress, and $877 million in budget authority and $935 mil- Mr. DOMENICI. Mr. President, might who desire to vote? lion in outlays for emergencies that would be available only upon an official I, before that activity, move to table The result was announced—yeas 79, budget request from the President designating the entire amount requested as an emergency requirement. the Reid amendment that is imme- nays 15, as follows:

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4915 [Rollcall Vote No. 124 Leg.] The result was announced—yeas 77, I have asked the distinguished Demo- YEAS—79 nays 17, as follows: cratic leader if it would serve any pur- Abraham Frist Mack [Rollcall Vote No. 125 Leg.] pose to stay here any further tonight? Akaka Glenn McCain YEAS—77 Ashcroft Gorton McConnell Mr. DASCHLE. Mr. President, I guess Abraham Frist Lugar Bennett Gramm Murkowski I would remind our colleagues the rea- Akaka Glenn Mack Biden Grassley Nickles Ashcroft Gorton McCain son we are here at 10:15 is we spent the Bingaman Gregg Nunn Bennett Gramm McConnell entire day working on an amendment Bradley Harkin Packwood Bingaman Grassley Moseley-Braun Breaux Hatch Pell offered by the Senator from New York, Brown Hatfield Bond Gregg Murkowski Pressler on an amendment that had nothing to Bryan Heflin Bradley Hatch Murray Pryor Bumpers Helms Brown Hatfield Nickles do with the supplemental. I am sure Reid Burns Hollings Bumpers Helms Nunn the bulk of the amendments thus far Robb Campbell Hutchison Burns Hollings Packwood Roth Campbell Hutchison have been offered in good faith by Chafee Inhofe Pressler Santorum Chafee Inhofe Members on both sides of the aisle. Coats Jeffords Robb Shelby Coats Inouye Cochran Kempthorne Roth Cochran Jeffords I would be prepared to lay down the Cohen Kennedy Simpson Santorum Cohen Johnston amendment that we have been talking Coverdell Kerrey Smith Shelby Craig Kerry Snowe Coverdell Kempthorne about now for a couple of days tomor- Craig Kennedy Simpson D’Amato Kohl Specter Smith row morning at 10 o’clock. We could Daschle Kyl Stevens D’Amato Kerrey DeWine Snowe have a good debate on it. I think we DeWine Lautenberg Thomas Kerry Dodd Kohl Specter Dodd Leahy Thompson could narrow the list, as we have been Dole Kyl Stevens Dole Levin Thurmond able to do in the past, to try to come Domenici Lieberman Domenici Lautenberg Thomas Warner Exon Leahy Thompson up with a list that we could dispose of Exon Lott Wellstone Feingold Lugar Feingold Levin Thurmond in due course. But certainly I would be Feinstein Lieberman Warner prepared to work out a time agreement NAYS—15 Ford Lott Wellstone on the amendment tomorrow and con- Bond Graham Moynihan NAYS—17 Boxer Inouye Murray tinue our work. Biden Graham Pryor Byrd Johnston Rockefeller Mr. DOLE. As I understand it, the Feinstein Mikulski Sarbanes Boxer Harkin Reid Ford Moseley-Braun Simon Breaux Heflin Rockefeller Democratic leader would like to start, Bryan Mikulski Sarbanes what, 10 o’clock? Is that what he indi- NOT VOTING—6 Byrd Moynihan Simon cated? Baucus Dorgan Grams Daschle Pell Conrad Faircloth Kassebaum NOT VOTING—6 Mr. DASCHLE. That is correct, start So the amendment (No. 437) was Baucus Dorgan Grams at 10 o’clock. We could get a time agreed to. Conrad Faircloth Kassebaum agreement. I know people are going to VOTE ON AMENDMENT NO. 435, AS AMENDED So the motion to lay on the table the want to make travel schedules tomor- The PRESIDING OFFICER. The amendment (No. 438) was agreed to. row, but we could finish perhaps at 2 question occurs on amendment No. 435, Mr. HATFIELD. Mr. President, I o’clock in the afternoon. as amended, by the Senator from Ne- move to reconsider the vote. Mr. DOLE. I also understand the braska, [Mr. KERREY]. Mr. DOLE. I move to lay that motion managers of the bill would like to stay Mr. KERREY. Mr. President, I ask on the table. tonight if any amendments can be ac- The motion to lay on the table was unanimous consent to vitiate the yeas cepted. Are there amendments that agreed to. and nays on my amendment. could be accepted tonight, I might ask The PRESIDING OFFICER. Without Mr. HATFIELD. Mr. President, I ask unanimous consent to vitiate the roll- the chairman of the Appropriations objection, it is so ordered. Committee? The question is on agreeing to the call on the REID amendment. amendment. Mr. DOLE. Mr. President, if we could Mr. HATFIELD. Not to my knowl- The amendment (No. 435), as amend- have order? edge. Mr. Leader, I do not have a list of ed, was agreed to. The PRESIDING OFFICER (Mr. the amendments that are floating COATS). The Senate will be in order. VOTE ON MOTION TO TABLE AMENDMENT NO. 438 around. We have a number, a few Without objection, it is so ordered. The PRESIDING OFFICER Under the amendments here that we can accept, previous order, the question occurs on VOTE ON MOTION TO TABLE AMENDMENT NO. 439 to move ahead and do that. But I do a motion to table amendment No. 438 The PRESIDING OFFICER. The not have a list from the minority side, offered by the Senator from Nevada question then occurs on the motion to nor from the majority side, on what lay on the table amendment 439, of- [Mr. REID]. amendments are intended to be offered. fered by the Senator from Nevada [Mr. Mr. HATFIELD. Mr. President, I ask Mr. DOLE. Is there anyone willing to unanimous consent that the following REID]. The motion to lay on the table the debate an amendment tonight and have votes be 10 minutes in duration. the vote tomorrow at, say, 9:45, before The PRESIDING OFFICER. Without amendment (No. 439) was agreed to. ORDER OF PROCEDURE we start on the major amendment by objection, it is so ordered. the Democratic leader? The clerk will call the roll. Mr. DOLE. Mr. President, I would The assistant legislative clerk called like to ask the distinguished Demo- Mr. D’AMATO. Mr. President, I will the roll. cratic leader—as I understand it, he be delighted. Mr. LOTT. I announce that the Sen- would prefer to have no more votes this Mr. DOLE. Your effort has been ator from North Carolina [Mr. FAIR- evening. Is there any way we could noted. CLOTH] is necessarily absent. reach some agreement on bringing this I also announce that the Senator matter to conclusion? Otherwise, I am Are there any volunteers? We might from Minnesota [Mr. GRAMS] and the tempted to take the bill down. be able to do that. I think the man- Senator from Kansas [Mrs. KASSEBAUM] But I can say we are not going to agers—I think Senator HATFIELD had are absent due to a death in the family. send any other supplemental to the hoped we would stay all night and fin- Mr. FORD. I announce that the Sen- President until we deal with this one. ish the bill, but I do not believe that is ator from Montana [Mr. BAUCUS], the So if they are waiting for the defense possible after visiting with the Demo- Senator from North Dakota [Mr. supplemental, it is not going to hap- crat leader. But it may be possible for CONRAD], and the Senator from North pen. I think what we have here is just someone to lay down an amendment— Dakota [Mr. DORGAN], are necessarily a lot of amendments coming by the on either side of the aisle? Are there absent. bucketsful from that side. Certainly it any amendments on either side of the The PRESIDING OFFICER (Mr. is everybody’s right. But we thought aisle we can lay down and have a vote COATS). Are there any other Senators we could finish this bill in 2 days. Ap- on, say tomorrow at 9:45 in the morn- in the Chamber desiring to vote? parently we cannot. ing?

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4916 CONGRESSIONAL RECORD — SENATE March 30, 1995 Mr. HATFIELD. Would the majority The legislative clerk read as follows: system have some level of substance leader and minority leader at least let The Senator from Oregon [Mr. HATFIELD] abuse problems. Our criminal justice us try to stay in all night and finish it? for Mr. HOLLINGS, for himself and Mr. BIDEN, system functions like a revolving door Mr. DASCHLE. No, we could not do proposes an amendment numbered 440. in which drug offenders continue to that. Mr. HATFIELD. Mr. President, I ask pass through. Mr. HATFIELD. I feel fine. unanimous consent that reading of the Drug courts are designed to specifi- The PRESIDING OFFICER. The ma- amendment be dispensed with. cally deal with this inherent problem jority leader has the floor. The PRESIDING OFFICER. Without Mr. KERRY. Would the majority in our criminal justice system. Drug objection, it is so ordered. courts employ the coercive power of leader yield for a question? The amendment is as follows: Mr. DOLE. Sure. the court to subject nonviolent offend- On page 8 of the substitute amendment ers to the kind of intensive supervision Mr. KERRY. If someone were to stay strike line 1 through line 6 and insert in lieu tonight and offer an amendment for a thereof the following: that can break the cycle of substance abuse and crime that infects too many vote in the morning, would that obvi- GENERAL ADMINISTRATION communities in this country. ate a vote subsequent to that? Or WORKING CAPITAL FUND would there still be a vote later in the These drug courts require mandatory (RESCISSION) afternoon? periodic drug testing, mandated sub- Mr. DOLE. There would be a vote Of the unobligated balances available under this heading in Public Law 103–317, stance abuse treatment for each pro- hopefully not too late in the afternoon, $5,000,000 are rescinded. gram participant, and graduated sanc- hopefully 1:30 or 2. tions for participants who fail to show LEGAL ACTIVITIES I do not like getting everybody over satisfactory progress in their assigned ASSET FORFEITURE FUND to vote with the Sergeant at Arms. I treatment regimens. think that is a waste of time and pun- (RESCISSION) All this is under the direct super- ishes people who may not be here for Of the funds made available under this vision of drug court judges. I believe some good reason. I know on our side heading in Public Law 103–317, $5,000,000 are many Members met with these judges there are a couple of people here who rescinded. in the last few weeks, two drug court had deaths in the family. OFFICE OF JUSTICE PROGRAMS judges were in my office recently to But if there was some amendment we DRUG COURTS speak on behalf of this program. Both could lay down tonight and vote on in (RESCISSION) the morning? If not, we will just wait Judge Jeffrey Tauber of Oakland, CA, Of the funds made available under this and Judge Steven Ryan of Las Cruces, and take up the leader’s amendment at heading in title VIII of Public Law 103–317, NM, stressed that drug courts are not a 10 a.m. $17,100,000 are rescinded. ‘‘Washington knows best program.’’ It Mr. DOMENICI. Mr. Leader, could Mr. HOLLINGS. Mr. President, This you yield for a question? is a locally determined program, every amendment, on behalf of myself and drug court is different and unique. Mr. DOLE. I will. Senator BIDEN, would restore some of Mr. DOMENICI. Is there any way be- the funding in the Department of Jus- Mr. President, I think we now have tween the minority leader and the tice’s Drug Court Program. The House- one of the best Attorney Generals chairman of the committee that we passed bill and the committee-reported we’ve ever had, and I have known a lot could find out how many amendments bill both rescind $27.1 million from of them. She’s tough and understands there really are? drug courts. My amendment reduces law enforcement. Janet Reno came up Mr. DASCHLE. Sure. We can work on the rescission to $17.1 million, and al- through the ranks. She really believes that. We have been. lows $10.0 million for the program this in this Drug Court Program and knows Mr. DOLE. We will work on that year. from her experience in Dade County, overnight and bring it up in the morn- Last week Attorney General Janet FL, that it works. My amendment lets ing. Reno sent me a letter expressing her her prove the program’s worth and get Mr. DOMENICI. I thank the Chair. it off the ground. Mr. DOLE. There will be no more strong support for the Drug Court Pro- votes then this evening. gram and her desire to have this fund- The amendment’s offsets are simple. The PRESIDING OFFICER. The ing restored. I ask unanimous consent The amendment proposes rescinding question occurs on the amendment of that her letter, in its entirety, appear $5 million of the unobligated balances the Senator from New York. in the RECORD. in the Justice Department’s working Mr. SIMON. Parliamentary inquiry, This Drug Court Program is funded capital fund. This account funds ADP Mr. President. through the violent crime trust fund. equipment, accounting systems, ad- The PRESIDING OFFICER. The Sen- We already cut all discretionary pro- ministrative support, and law enforce- ator from Illinois. grams last year to make offsets for this ment related equipment. I know justice Mr. SIMON. Would it be in order on program and other crime bill programs. has various things they want to repro- the floor of the Senate to mention that But, now here we are considering a bill gram dollars for; saving the drug court our colleague, Senator Bob GRAHAM, that eliminates funding for a crime re- program is a high priority. The only became a grandfather of triplets this duction, antidrug program—and here I reason these balances are in the fund is evening? am proposing yet additional offsets to because of language the Congress put The PRESIDING OFFICER. The Sen- pay for the program a second time. in the bill 3 years ago that enabled Jus- ator from Illinois may speak on any Mr. President, Members might won- tice to recapture expiring balances. subject he wishes. The Senator has der why the House is trying to elimi- done just that. nate this program. Why? Because drug Second, the amendment proposes a The Senator from Oregon. courts always was a Senate-sponsored rescission of $5 million from unobli- Mr. HATFIELD. Mr. President, I ask program. It was included in the Senate gated balances in the Justice assets unanimous consent that the D’AMATO version of the crime bill and was sup- forfeiture fund. These funds are excess amendment be temporarily laid aside ported on a bipartisan basis. And, to annual requirements and were not in order to take up the amendment. frankly, I don’t understand why the expected to be spent in the current The PRESIDING OFFICER. Without Appropriations Committee would want year. It will not impact any State or objection, it is so ordered. to concur in their rescission. local law enforcement participation in AMENDMENT NO. 440 Mr. President, we have a crime prob- the assets forfeiture program. Mr. HATFIELD. Mr. President, I send lem in this country caused by drugs. So, what we are trying to do in this an amendment to the desk proposed by Just 2 weeks ago, DEA Administrator amendment is to strike a balance—to Senator HOLLINGS for himself and Sen- Constantine testified before the Com- make minor reductions in two Justice ator BIDEN, and ask for its immediate merce, Justice and State Sub- accounts—to save at least $10 million consideration. committee about the rise in drug-re- for drug courts. We should give Attor- The PRESIDING OFFICER. The lated crime. More than half of those ar- ney General Reno a chance to prove clerk will report. rested who enter the criminal justice this program’s worth instead of simply

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4917 concuring with the House-proposed re- the cycle of substance abuse and crime that sionals demonstrates the burgeoning support scission. Our amendment is fully offset. inflicts suffering in too many communities for this program nationwide. In light of that I urge its adoption. I ask unanimous in this country. widespread support and interest, the Office Title V of the Violent Crime Control & consent a letter from Attorney General of Justice Programs intends to make up to Law Enforcement Act of 1994 authorizes the 100 small ($35,000 each) planning grants to el- Reno be printed in the RECORD. Department of Justice to make discretionary igible jurisdictions. This small sum, dedi- There being no objection, the letter grants to support drug court programs that cated as it is to planning, will help jurisdic- was ordered to be printed in the involve continuing judicial supervision over tions lay the ground work for effective drug RECORD, as follows: offenders. Violent offenders are excluded courts that work to break the cycle of sub- OFFICE OF THE ATTORNEY GENERAL, from this program. stance abuse and crime. Washington, DC, March 24, 1995. States, state courts, local courts, units of Many jurisdictions, inspired by the com- local government and tribal governments are Hon. ERNEST F. HOLLINGS, mon sense appeal of the treatment drug Ranking Minority Member, Subcommittee on the eligible to apply for drug court program court concept, have already engaged in sig- Departments of Commerce, Justice, and funding. Programs that receive Crime Act nificant drug court planning. For those State, The Judiciary and Related Agencies, funding will subject substance abusing, non- locales, OJP will make available up to 13 Committee on Appropriations, U.S. Senate, violent offenders to intensive court super- grant awards (no more than 10 for up to $1 Washington, DC. vised intervention that provides the mix of million and no more than 3 of up to $2 mil- services and sanctions necessary to coerce DEAR SENATOR HOLLINGS: As you know lion) for those jurisdictions to complete today the Full Committee will consider H.R. abstinence and force criminals to alter their their planning processes and move into full 1158, a bill that among other things would re- behavior. implementation. scind funding for certain programs estab- To achieve those goals, funded programs In addition, there are some 35 treatment lished in the Violent Crime Control and law must include the research identified key ele- drug courts currently in operation around Enforcement Act of 1994 (VCCA). Included in ments of success: mandatory periodic drug the country. These jurisdictions are pleased this bill is a rescission of $27,170,000 for the testing; mandated substance abuse treat- with the results they have achieved thus far, Drug Court Grant Program. ment for each program participant; and but would seek Federal support to improve, I am writing to register my strong objec- graduated sanctions for participants who fail enhance, or expand their efforts. OJP will tion to this rescission, which would elimi- to show satisfactory progress in their as- make available up to 20 grants, of no more nate funding to help implement a proven signed treatment regimens. than $1 million, to existing drug courts so This initiative will support locally tailored cost-effective approach of integrated services that they can more effectively work to at- approaches—it is not a ‘‘Washington knows and sanctions which I have witnessed first tack the linkage between substance abuse best’’ program. No single drug court model hand to be successful in combatting drug-re- and criminal behavior in their communities. can effectively break the cycle of substance lated crime. The Drug Court Grant Program OJP also intends to develop the capacity abuse and crime in every community. Thus, can help ensure certainty and immediacy of to provide a broad range of training and this program will support local determina- punishment for non-violent arrestees with technical assistance nationwide. While this tions about how to structure funded drug drug problems who might otherwise go both assistance will focus on jurisdictions that re- court programs, while ensuring that statu- unpunished and unsupervised. They are an ceive OJP Drug Court grants, the intention torily-required bedrock principles are in essential element of a comprehensive and fis- is to develop the capacity to provide assist- place. cally responsible approach to improve the ance beyond those jurisdictions which re- criminal justice system. THE FACTS ON DRUG COURTS ceive grant awards. The House-passed rescission action evis- The House action—the rescission of more The facts are clear that drug courts work. cerates the Department’s ability to move than 95 percent of the appropriation for the According to a National Institute of Justice- forward to help make drug courts—an impor- current fiscal year—is devastating to this sponsored evaluation, participants in the tant crime fighting tool—available to our Administration’s drug-fighting efforts. It Dade County, Florida drug court program— nation’s states and localities. also represents a serious setback for commu- one that I witnessed first-hand—showed sub- nities around this country working to im- stantially lower rates for rearrest than non- HOUSE ACTION ON H.R. 1158 prove public safety by breaking the powerful participating defendants. Even those drug Finally, the House Appropriations Com- connection between substance abuse and court participants who did re-offend, did so mittee Report accompanying H.R. 1158 stat- crime. after significantly longer periods than non- ed that the Drug Court rescission ‘‘simply participating offenders. TRUST FUND conforms the appropriation to the most re- Studies of the drug court programs in cent House action.’’ The reference to the last At the outset, I would like to comment on Portland, Oregon, Washington, D.C., and Chi- House action is the passage of H.R. 728 last how this rescission affects the integrity of cago, Illinois, have also shown lower rates of month, which eliminated the authorization the Violent Crime Reduction Trust Fund. recidivism for program participants. The for the Drug Court Program. Both the Drug Court program and the California Drug and Alcohol Treatment As- As you know, since the Senate has yet to Trust Fund were included in S. 1607, the Sen- sessment (CALDATA) showed that substance act upon any revisions to the Crime Law, the ate crime bill from last Congress, which abuse treatment reduced participants’ in- House’s rationale for eliminating Fiscal passed the Senate on November 19, 1993 by volvement in criminal activity by 43.3 per- Year 1995 funding for the Drug Court Pro- the overwhelming vote of 95 to 4. cent. gram is inapplicable to the Senate. The concept of the Trust Fund was to off- Encouraged by these positive law enforce- During consideration of any revisions to set the cost of crime-fighting initiatives— ment results, prosecutors, judges, public de- the Crime Law in the Senate this Congress, such as Drug Courts—with the savings accu- fenders, law enforcement officials, and treat- the Administration will be working very mulated from reducing the Federal work- ment professionals in jurisdictions around hard to preserve the authorization for the force. The Trust Fund was the result of a the country are embracing this concept and Drug Court program and we expect bipar- true bipartisan effort because the Senate had moving forward to implement treatment tisan support in this effort. concluded—as a body—that crime-fighting drug court. Since the Senate is yet to act upon any au- programs should be paid for and protected Twenty-nine drug courts have been fully thorization revisions to the Crime Law, I be- from other spending programs. operational for at least 6 months. Another 31 lieve that a rescission of the Drug Court Fis- Rescinding the funding for the Drug Court drug courts have been either recently cal Year 1995 funding should not be included Program will set a precedent that the Trust launched or are under development. in any Senate action on H.R. 1158. Fund can be raided at any time for any other MOVING IN THE RIGHT DIRECTION This Administration is strongly committed spending program. Since the Crime Bill became law, the Of- to streamlining government and reducing DRUG COURTS ARE AN IMPORTANT CRIME- fice of Justice Programs (OJP) in the De- the deficit. However, it is also committed to FIGHTING TOOL partment of Justice has moved forward ag- an issue that is so important to each and We know that more than half of those ar- gressively to implement this initiative. OJP every American—the fight against crime. rested enter the criminal justice system with had created a Drug Court Program Office to The proposed rescission of the Drug Court some substance abuse problem. We also know administer the program. OJP has published Program from the VCCA Trust Fund will that too frequently, the current criminal proposed Drug Court Regulations and is cur- greatly thwart our efforts to fight crime. It justice system functions like a revolving rently responding to comments submitted in sends the wrong message to the American door through which substance-abusing of- response to that publication. In addition, public. We should be moving forward not fenders pass without being required to deal OJP has disseminated Program Guidelines backward from the gains we made last year. with the drug abuse that is inextricably tied and Application Information regarding the I appreciate your consideration of my to their criminal behavior. Seeking to cap- Drug Court Program. views. italize on that knowledge, the VCCA estab- Jurisdictions around the country are Sincerely, lished the Drug Court Grant Program. poised to move forward with planning for Drug courts employ a court’s coercive drug courts. That more than 600 people at- JANET RENO. power to subject non-violent offenders to the tended the January conference of the Na- Mr. BIDEN. Mr. President, I rise to kind of intensive supervision that can break tional Association of Drug Court Profes- speak about an amendment that has

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4918 CONGRESSIONAL RECORD — SENATE March 30, 1995 been accepted by both sides. The ment to beat their addiction, they will gram where they are tightly controlled and amendment restores $10 million in be the violent offenders of tomorrow. monitored. We have increased public safety crime law trust fund dollars that would Unless we monitor these offenders on through this program. be rescinded by the legislation now be- probation, they are probably con- In Coos County, OR, the rate of posi- fore the Senate. tinuing to take drugs, as well as com- tive drug tests dropped from more than My amendment restores $10 million mitting crimes for which they have not 40 percent to less than 10 percent after of the $27 million rescinded from the yet been arrested. Drug testing means the probation department subjected of- Drug Courts Program. And, let me be that these offenders will no longer get fenders to a tough program of drug clear, all of this $10 million is offset by a free ride on probation. treatment and drug testing. cuts of $10 million in Justice Depart- And that is the only choice these in- In Michigan, some judges have insti- ment funds that will not diminish law tensive drug testing and treatment, tuted a drug testing program which im- enforcement. They are funds that both and certain punishment programs ask poses progressively harsher sanctions the subcommittee chairman and rank- us to make. Instead of these offenders with each failure. Most offenders—no ing member have agreed to rescind be- walking around the streets, matter how serious their addiction— cause they will not adversely impact unmonitored, they will have to check seem to learn quickly: Of 200 offenders Justice Department operations. in every day or so and confirm that in the program, only 28 have failed. This amendment is necessary for two they have not been using drugs through An Oakland, CA, Drug Court Pro- key reasons: a drug test or suffer the consequences. gram with regular drug testing found First, we must stick to the promise While all of us might wish that these that the re-arrest rate was reduced by we made in the violent crime reduction offenders were all behind bars, I do not 45 percent when the program went into trust fund—we have already cut Fed- believe we have that choice. We all effect. And, based on this figure, the eral bureaucrats to pay for the crime know that we can’t build cells fast program estimated that participants law, so the $30.2 billion crime law does enough—even if we could afford to spent—in total—35,000 fewer days in not increase the deficit. build 3 million new prison cells at a custody because they were not re-ar- Second, unless we restore this $10 cost of at least $150 billion and that is rested. The bottom line: Alemeda million more than 5,000 drug offenders based on a conservative construction County generated more than $2 million who are today released on probation cost estimate of $50,000 per cell. in savings from the unused prison will not be tested for drugs, will not be Let me also point out that these are space. supervised, and will not be punished not programs for violent offenders. I would like to thank Commerce/ until many more American citizens These are cost-effective programs that State/Justice Appropriations Sub- have been the victim of a crime, be- combine the concepts of prevention committee Chairman GRAMM for his as- cause without drug testing, about the plus responsibility to reach those of- sistance on this important matter. I only way any offender is kicked off fenders whose minor crimes have just am happy that we could reach agree- probation and into jail is to get caught brought them into the criminal justice ment and I am sure that Senator committing another crime—in other system. GRAMM will continue to work on this words, after there is yet another vic- The language in the Senate-passed important program when this bill tim. bill specifically exempted violent of- reaches—as I believe it will—a con- And as I mentioned, my amendment fenders from participation in these in- ference with the House of Representa- identifies $10 million in offsetting cuts tensive drug testing programs. And, tives. Senator GRAMM was a key player so my amendment does not change the the language in the crime law goes when the Senate developed the crime overall deficit cutting of this bill. This even further—adding language that law trust fund, so I know that he amendment simply takes a step to help prevents any offender who has ever shares my support for this key funding preserve the integrity of the Drug been convicted of a violent offense mechanism. Court Program. from participating in the drug courts. I would also thank the subcommit- Let me review just some of the facts The results of the Drug Court Pro- tee’s ranking member, Senator HOL- that point out just how great the need gram in Attorney General Reno’s LINGS, for his efforts and assistance to is to add real teeth to our probation hometown are impressive: preserve at least a portion of the drug system. From June 1989 to December 1991, court funding, and uphold the integrity Nationwide, about 3 million offenders 1,740 offenders successfully graduated of the trust fund. are released on probation. Of these 3 from the program—and only 3 percent Appropriations Chairman Senator million, about half, 1.4 million, of these have been rearrested. HATFIELD also has my appreciation for offenders are drug abusers. And, of In addition, about 1,500 offenders his support of the Drug Court Program. these 1.4 million offenders, only about failed out of the Drug Court Program— Finally, I would express my personal 800,000 receive some drug testing and/or however, the strength of the drug test- gratitude to ranking member Senator drug treatment. ing program means that these offend- BYRD for agreeing to this amendment. That all means that nationwide we ers who should not be released on pro- As my colleagues in the Senate know, have about 600,000 offenders, out on bation were identified early and sent to the violent crime reduction trust fund probation who are drug-abusers and jail—where they belong. who are not tested for drugs, not treat- Before the Drug Court Program, was that fully funded the $30.2 billion crime ed for their addiction, and barely su- instituted, the re-arrest rate for these law without adding to the deficit was pervised by our overwhelmed probation offenders was 33 percent. the product of the hard work and in- officers. And the program is saving money— credible creativity of Senator BYRD. I In fact, in the Nation’s largest money that can be redirected to incar- will do everything I can to maintain States, probation officers’ caseloads cerating and treating violent, career the integrity of the trust fund, but I range from 90 to 100 offenders per offi- criminals. In Miami, it costs $17,000 a would just acknowledge that there cer; to 240 offenders per officer. Even at year to keep an offender in the county would be no trust fund for which to the 100-offender level, that means that jail. That same offender can get the fight were it not for Senator BYRD. in an average 40 hour week, a probation benefits of the drug court at a price of Mr. HATFIELD. Mr. President, officer could spend about 20 minutes on about $2,000 a year. again, I note that the ranking member each offender under his or her author- The results from many other juris- of this committee is on the floor, Sen- ity. At the higher levels, probation of- dictions are similarly impressive: ator HOLLINGS. It has been cleared on ficers have less than 10 minutes every In my home State of Delaware, Judge both sides. week to make sure that each offender Richard Gebelein wrote to tell me that I urge its adoption. is staying on the straight and narrow. in just the first 8 months of operation The PRESIDING OFFICER. If there Plainly, few of these offenders are the Delaware drug court had put: be no further debate, the question is on being supervised the way they should. Over 250 people who would have been agreeing to the amendment. Unless these offenders face certain placed on probation with little or no super- The amendment (No. 440) was agreed punishment, with the chance of treat- vision have been placed in a [drug court] pro- to.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4919 Mr. HATFIELD. Mr. President, I clude 57 years of exemplary service on the Conference Board; the Hawaii Busi- move to reconsider the vote. March 31, when he resigns as chairman ness Roundtable; the Chamber of Com- Mr. HOLLINGS. I move to lay that of Alexander & Baldwin, Inc. (A&B), a merce of Hawaii; the American Bureau motion on the table. Fortune 500 company. Mr. Pfeiffer has of Shipping; the Maritime Transpor- The motion to lay on the table was a long and distinguished record of con- tation Research Board of the National agreed to. tributions to his company, and because Academy of Sciences (as chairman); AMENDMENT NO. 427 of the leadership he has provided, he the Containerization & Intermodal In- Mr. MURKOWSKI. Mr. President, has been unanimously elected to the stitute; the International Cargo Han- may I make an inquiry? What is the post of chairman emeritus. Mr. Pfeiffer dling Coordination Association (as pending business? Are we on D’Amato? has enjoyed a 37-and-a-half year career chairman); the Propeller Club of the The PRESIDING OFFICER. The with A&B, including longer service as United States, Port of Honolulu (as pending question occurs on the CEO than any other individual in the president) and Port of San Francisco; D’Amato amendment number 427. company’s 124 year history except John the National Association of Stevedores AMENDMENT NO. 441 TO AMENDMENT NO. 427 Waterhouse, son-in-law of A&B founder (as president); the National Cargo Bu- reau, Inc.; the Hawaii Maritime Center; Mr. MURKOWSKI. If there is no ob- Samuel T. Alexander. Mr. Pfeiffer, who stepped down as the McKinley High School Foundation; jection, I would like to send a second- A&B’s chief executive officer on March the University of Hawaii Foundation degree amendment in behalf of myself, 31, 1992, indicated that because he (as chairman); the Aloha Council, Boy Senator D’AMATO, to amend amend- wanted his retirement to be complete, Scouts of America; the Girl Scout ment No. 427 and ask it be taken up at he also wished to leave his current po- Council of the Pacific; the Pacific the appropriate time. sitions as director and chairman of the Aerospace Museum; and the Research The PRESIDING OFFICER. The board of both of A&B’s principal sub- Round Table of the American Heart As- clerk will report. sidiaries, A&B–Hawaii, Inc. and Matson sociation, Alameda County Chapter. The legislative clerk read as follows: Navigation Company, Inc. the A&B–Ha- Mr. Pfeiffer’s community and profes- The Senator from Alaska [Mr. MURKOWSKI] waii and Matson directors, at their sional leadership earned him numerous for himself and Mr. D’AMATO proposes an January meetings, unanimously elect- amendment numbered 441 to amendment honors. The latest was on January 25th numbered 427. ed him chairman emeritus of those when he received the Charles Reed boards as well. Mr. Pfeiffer was Matson Bishop Medal from Honolulu’s Bishop Mr. MURKOWSKI. Mr. President, I CEO longer than anyone except Cap- Museum, which cited his ‘‘leadership ask unanimous consent that reading of tain William Matson, who founded the and personal example’’ in making A&B the amendment be dispensed with. company 112 years ago. ‘‘a leader in corporate citizenship * * * The PRESIDING OFFICER. Without Born in Fiji in 1920, Pfeiffer came to through its exemplary support of com- objection, it is so ordered. Hawaii the following year. He grad- munity organizations * * *’’ In 1986 the The amendment is as follows: uated from McKinley High School in At the end of line 10 of page 2, prior to the Aloha Council of the Boy Scouts of period insert the following: 1937 and went to work as a deckhand America honored him with its Distin- ‘‘, Provided, That as the bearer bonds for the Inter-Island Steam Navigation guished Citizen of the Year Award. In issued by the Government of Mexico are re- Company, Ltd., of which he later be- 1985 the United Seamen’s Service gave deemed with monies provided by the Govern- came president. He served as an officer him its Admiral of the Ocean Sea ment of the United States, the Government in the U.S. navy during World War II. award in New York. Mr. Pfeiffer has of the United States first be provided with Mr. Pfeiffer’s career with Alexander been granted honorary doctorates by the names and addresses of those redeeming and Baldwin began in 1956. He worked the Marine Maritime Academy, the such bonds’’. for Matcinal Corporation, a Matson University of Hawaii, and Hawaii Loa Mr. MURKOWSKI. I thank the Chair. subsidiary and a stevedoring and ter- College. Mr. HATFIELD. Mr. President, I sug- minal company in the San Francisco Mr. Pfeiffer’s professionalism, cor- gest the absence of a quorum. Bay area, as vice president and general porate citizenship, and commitment to The PRESIDING OFFICER. The manager. In 1962 he was promoted to the highest standards throughout his clerk will call the roll. president of Matson Terminals, Inc., career have inspired many. I ask my The legislative clerk proceeded to another Matson subsidiary. He was ap- colleagues to join my wife Millie and call the roll. pointed Matson president and CEO in me in wishing Bobby Pfeiffer the very Mr. HATFIELD. Mr. President, I ask 1973; he has served as Matson’s chair- best, God’s blessing on his retirement, unanimous consent that the order for man continuously since 1979. At and mahalo for a job well done. the quorum call be rescinded. Matson, he guided the company The PRESIDING OFFICER. Without through a period of tremendous growth f objection, it is so ordered. and success and in the process trans- MESSAGES FROM THE PRESIDENT formed it into one of the world’s most f Messages from the President of the efficient, modern ocean transportation United States were communicated to MORNING BUSINESS companies. the Senate by Mr. Thomas, one of his Mr. Pfeiffer was named to A&B’s secretaries. board of directors in 1978; he was ap- IN HONOR OF ROBERT J. pointed president of A&B the next f PFEIFFER, RETIRING CHAIRMAN year. He assumed the posts of chief ex- EXECUTIVE MESSAGES REFERRED OF THE BOARD OF ALEXANDER ecutive officer and chairman of the & BALDWIN, INC. board in 1980. Under his leadership, As in executive session the Presiding Mr. AKAKA. Mr. President, it is a A&B has grown, modernized, and diver- Officer laid before the Senate messages privilege for me to rise today to honor, sified. Mr. Pfeiffer also earned the com- from the President of the United congratulate, and extend my very best pany a solid reputation for involve- States submitting sundry nominations wishes and aloha to a dear, and very ment in philanthropic activities and which were referred to the appropriate close friend to me and my family, Mr. community affairs, both in Hawaii and committees. Robert J. ‘‘Bobby’’ Pfeiffer, on his re- California, its two principal places of (The nominations received today are tirement as Chairman of the Board of business. Today, the Alexander and printed at the end of the Senate pro- Alexander & Baldwin, Inc. Baldwin Foundation, which he created, ceedings.) His life represents a true American has established a level of giving in ex- f success story, a self-made man who cess of $1 million a year. started as a deck hand, rose to presi- Mr. Pfeiffer has served on many cor- MESSAGES FROM THE HOUSE dent of Hawaii’s largest navigation porate, professional and non-profit At 3:21 p.m., a message from the company, and later made it to the boards and organizations, often in lead- House of Representatives, delivered by board room of one of Hawaii’s largest ership positions. These include First Ms. Goetz, one of its reading clerks, an- corporations. Bobby Pfeiffer will con- Hawaiian, Inc.; First Hawaiian Bank; nounced that the House agrees to the

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4920 CONGRESSIONAL RECORD — SENATE March 30, 1995 report of the committee of conference to law, the spectrum reallocation final re- other state agencies to accept payment by on the disagreeing votes of the two port; to the Committee on Commerce, credit cards for various taxes, fees, fines, and Houses on the amendment of the Sen- Science and Transportation. purchases; and ‘‘Whereas, the Virginia General Assembly ate to the bill (H.R. 831) to amend the EC–681. A communication from the Sec- retary of Energy, transmitting, a draft of has also authorized counties, cities, and Internal Revenue Code of 1986 to per- proposed legislation to provide for the sale of towns in the Commonwealth to accept pay- manently extend the deduction for the oil from the Strategic Petroleum Reserve ment by credit cards for local taxes and util- health insurance costs of self-employed and the transfer of oil from Weeks Island, ity charges; and individuals, to repeal the provision per- and for other purposes; to the Committee on ‘‘Whereas, agencies of the Commonwealth taining nonrecognition of gain on sales Energy and Natural Resources. and local governments are also authorized to and exchanges effectuating policies of EC–682. A communication from the Sec- add to any payment made by credit card a the Federal Communications Commis- retary of Energy, transmitting, pursuant to service charge for the acceptance of such law, notice of intent to submit a report re- card in the amount charged to the agency or sion, and for other purposes. quired under the Energy Policy Act of 1992; political subdivision as a result of the use of f to the Committee on Energy and Natural Re- the credit card; and EXECUTIVE AND OTHER sources. ‘‘Whereas, credit card companies generally EC–683. A communication from the Sec- assess merchants a discount fee, which typi- COMMUNICATIONS retary of Energy, transmitting, pursuant to cally is equal to two percent of the trans- The following communications were law, a report relative to enforcement actions action amount, on credit card transactions; laid before the Senate, together with and the comprehensive status of Exxon and and accompanying papers, reports, and doc- stripper well oil overcharge funds; to the ‘‘Whereas, credit card issuers have become Committee on Energy and Natural Re- increasingly insistent that state agencies uments, which were referred as indi- and local governments bear the discount fees cated: sources. EC–684. A communication from the Chair- incurred in connection with credit card EC–671. A communication from the Acting man of the Pennsylvania Avenue Develop- transactions; and Secretary of Agriculture, transmitting, a ment Corporation, transmitting, a draft of ‘‘Whereas, several political subdivisions of draft of proposed legislation to amend the proposed legislation to amend the Pennsyl- the Commonwealth, including the Counties Federal Meat Inspection Act, the Poultry vania Avenue Development Corporation Act of Arlington, Chesterfield, Loudoun and Pu- Products Inspection Act and the Egg Prod- of 1972 to authorize appropriations for imple- laski and the City of Alexandria, and the De- ucts Inspection Act to recover the full costs mentation of the development plan for Penn- partment of Motor Vehicles have been denied for Federal inspection of meat, poultry and sylvania Avenue between the Capitol and the the ability to accept credit cards because of egg products performed at times other than White House, and for other purposes; to the their insistence that the user of a credit card an approved primary shift; to the Committee Committee on Energy and Natural Re- pay a service charge in the amount of the on Agriculture, Nutrition and Forestry. sources. discount fee associated with the transaction; EC–672. A communication from the Assist- EC–685. A communication from the Sec- and ant Administrator of the Environmental retary of Energy, transmitting, pursuant to ‘‘Whereas, banks that allow agencies of the Protection Agency, transmitting, pursuant law, the 1993 annual report on low-level ra- Commonwealth and local governments to de- to law, a report relative to the number of ap- dioactive waste management; to the Com- viate from the general prohibition on charg- plications for conditional registration under mittee on Energy and Natural Resources. ing the card users the costs of using the FIFRA; to the Committee on Agriculture, EC–686. A communication from the Sec- credit card may be assessed penalties or have Nutrition and Forestry. retary of Energy, transmitting, a draft of their credit card contracts terminated; and EC–673. A communication from the Sec- proposed legislation to enable Federal agen- ‘‘Whereas, it is unreasonable to apply to retary of the Navy, transmitting, pursuant cies to enter into energy savings perform- government entities the general policy pro- to law, a report relative to the breach of a ance contracts for cogeneration technologies hibiting merchants from assessing card users cost threshold; to the Committee on Armed that provide cost savings on future Govern- with the discount fee because governments Services. ment steam and electricity bills, and for cannot absorb the impact of the discount fee EC–674. A communication from the Sec- other purposes; to the Committee on Energy by increasing the amounts charged to tax- retary of Energy, transmitting, pursuant to and Natural Resources. payers and other customers; and law, a report relative to technology-related EC–687. A communication from the Deputy ‘‘Whereas, on May 19, 1993, Representative developments useful in the reduction of envi- Administrator of the General Services Ad- James P. Moran of Virginia’s Eighth Con- ronmental hazards; to the Committee on ministration, transmitting, pursuant to law, gressional District sponsored, and Represent- Armed Services. a space situation report for Cambria County, ative Frederick C. Boucher of Virginia’s EC–675. A communication from the Chair- PA; to the Committee on Environment and Ninth Congressional District co-sponsored, man of the Joint Chiefs of Staff, transmit- Public Works. H.R. 2175, which would amend Chapter 2 of ting, pursuant to law, the 1995 Force Readi- EC–688. A communication from the Admin- the Truth in Lending Act, 15 U.S.C. § 1631, et ness Assessment; to the Committee on istrator of the General Services Administra- seq., to prohibit issuers of credit cards from Armed Services. tion, transmitting, pursuant to law, the Ad- limiting the ability of governmental agen- EC–676. A communication from the Assist- ministration’s Public Building Service Cap- cies to charge fees for honoring credit cards; ant Secretary of Defense for Force Policy ital Investment and Leasing Program; to the and Management, transmitting, pursuant to law, Committee on Environment and Public ‘‘Whereas, H.R. 2175 was not reported out a report relative to the effectiveness of de- Works. of the Committee on Banking, Finance and fense conversion; to the Committee on EC–689. A communication from the Sec- Urban Affairs during the 103rd Congress; and Armed Services. ‘‘Whereas, the enactment of a federal law retary of Health and Human Services, trans- EC–677. A communication from the Chair- to prevent credit card issuers from prohib- mitting, pursuant to law, a report on Medi- man of the Board of Governors of the Federal iting state agencies and local governments care hospital outpatient prospective pay- Reserve, transmitting, pursuant to law, a re- from charging fees for honoring credit cards ment; to the Committee on Finance. port relative to consumer waivers of the will avoid the necessity that these entities right of rescissions under the Truth in Lend- f either absorb the discount fees or refuse to ing Act; to the Committee on Banking, PETITIONS AND MEMORIALS honor credit cards; now, therefore, be it Housing and Urban Affairs. ‘‘Resolved by the Senate, the House of Dele- EC–678. A communication from the Comp- The following petitions and memo- gates concurring, That Congress be urged to troller of the Currency, transmitting, pursu- rials were laid before the Senate and amend the Truth in Lending Act to prohibit ant to law, a report relative to enforcement were referred or ordered to lie on the issuers of credit cards from limiting the abil- actions taken during calendar year 1994 table as indicated: ity of state agencies and local governments under the Financial Institutions Reform, Re- POM–56. A joint resolution adopted by the to charge fees for honoring credit cards; and, covery, and Enforcement Act; to the Com- Legislature of the Commonwealth of Vir- be it mittee on Banking, Housing and Urban Af- ‘‘Resolved further, That the Clerk of the ginia; to the Committee on Banking, Hous- fairs. Senate transmit copies of this resolution to ing, and Urban Affairs. EC–679. A communication from the Sec- the President of the Senate of the United retary of Transportation, transmitting, a ‘‘SENATE JOINT RESOLUTION NO. 241 States, the Speaker of the United States draft of proposed legislation to provide for ‘‘Whereas, the use of credit cards is a con- House of Representatives, and the members the certification by the Federal Aviation Ad- venient and increasingly popular method of of the Virginia Delegation to the United ministration of airports serving commuter paying for goods and services; and States Congress so that they may be ap- air carriers, and for other purposes; to the ‘‘Whereas, the Virginia General Assembly prised of the sense of the General Assembly Committee on Commerce, Science and has enacted legislation authorizing the De- on this matter.’’ Transportation. partment of Motor Vehicles, the Department EC–680. A communication from the Sec- of Taxation, the Department of Alcoholic POM–57. A resolution adopted by the Coun- retary of Commerce, transmitting, pursuant Beverage Control, the Supreme Court, and cil of the City of Westlake, Ohio relative to

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4921 telecommunications legislation; to the Com- ‘‘Whereas, states may use highway trust tional and global markets and this rail res- mittee on Commerce, Science, and Transpor- fund money as an 80 percent federal match toration will significantly improve the main tation. for a variety of non-highway programs, but rail line to Maine; now, therefore, be it POM–58. A joint resolution adopted by the they are prohibited from using such funds for ‘‘Resolved: That We, your Memorialists, Legislature of the Commonwealth of Vir- Amtrak projects; and recommend and urge the President and the ginia; to the Committee on Commerce, ‘‘Whereas, Amtrak pays a federal fuel tax Congress of the United States to sustain and Science, and Transportation. that commercial airlines do not pay; and fulfill all of the previously approved and au- ‘‘SENATE JOINT RESOLUTION NO. 377 ‘‘Whereas, Amtrak workers and vendors thorized financial commitments of the Fed- ‘‘Whereas, the Hampton Roads region is pay more in taxes than the federal govern- eral Government for the reinstititution of one of the fastest growing areas in the Com- ment invests in Amtrak; now, therefore, be passenger rail service between Portland and monwealth of Virginia, with 25 percent of it Boston; and be it further ‘‘Resolved by the Senate, the House of Dele- the state’s population; and ‘‘Resolved: That duly authenticated copies ‘‘Whereas, Hampton Roads is one of the gates concurring, That the President and Con- of this Memorial be submitted by the Sec- principal economic engines for the Common- gress of the United States be urged to make retary of State to the Honorable William J. wealth home to major tourist attractions, no further reductions in funding for Amtrak; Clinton, President of the United States, the vital defense installations, including the and, be it world’s largest naval base, the USA Com- ‘‘Resolved further, That the General Assem- President of the Senate and the Speaker of mand Headquarters and the Air Combat bly request that Amtrak be excused from the House of Representatives of the Congress Command, the Port of Hampton Roads, one paying federal fuel taxes that the commer- of the United States and to each Member of of Virginia’s greatest economic assets; and cial airlines do not pay, that the states be the Maine Congressional Delegation.’’ ‘‘Whereas, the future economic develop- permitted to use federal highway trust fund ment of Hampton Roads and thus in large moneys on Amtrak projects if they so POM–61. A concurrent resolution adopted part Virginia’s future growth and prosperity choose, and that federal officials include a by the Legislature of the State of Idaho; to bears a direct relationship to our ability to strong Amtrak component in any plans for a the Committee on Energy and Natural Re- move people and goods rapidly; and national transportation system; and, be it sources. ‘‘Whereas, it is essential that Hampton ‘‘Resolved finally, That the Clerk of the Roads be connected to the transportation Senate transmit copies of this resolution to HOUSE CONCURRENT RESOLUTION NO. 10 networks of the future, if we are to remain the President of the United States, the ‘‘Whereas, for more than forty years, the competitive in the emerging global economy; Speaker of the United States House of Rep- Idaho National Engineering Laboratory and resentatives, the President of the United (INEL) has been a vital international center ‘‘Whereas, the Federal Railroad Adminis- States Senate, and the members of the Vir- for nuclear reactor safety, research, develop- tration has designated the Washington-Rich- ginia Congressional Delegation so that they ment and reprocessing; and mond-Charlotte rail corridor part of a pro- may be apprised of the sense of the General posed national network of high speed rail ‘‘Whereas, the State of Idaho and the Idaho Assembly of Virginia.’’ corridors; and Legislature have consistently supported the ‘‘Whereas, the Commonwealth of Virginia traditional missions of the INEL and the sig- POM–60. A joint resolution adopted by the is currently studying the potential for high nificant and important role it plays in the speed rail in the Washington to Newport Legislation of the State of Maine; to the economic livelihood of Idaho; and News corridor; now, therefore, be it Committee on Commerce, Science, and Transportation. ‘‘Whereas, the State of Idaho and its citi- ‘‘Resolved by the Senate, the House of Dele- zens have for more than four decades been gates concurring, That the Congress of the JOINT RESOLUTION good citizens and good neighbors to the De- United States be hereby urged to provide for ‘‘Whereas, the One Hundred and Fifteenth partment of Energy and the federal govern- the linkage of both the Virginia Peninsula Legislation directed the Maine Department ment; and and Southside Hampton Roads to the devel- of Transportation to take all reasonably nec- ‘‘Whereas, nuclear waste has been, and oping national high speed rail system; and be essary actions to initiate passenger rail be- may again in the near future be, shipped to it tween Portland and Boston and to seek fund- ‘‘Resolved further, That the Clerk of the Idaho with the commitment that this is a ing necessary in an amount not less than temporary storage destinations; and Senate transmit copies of this resolution to $40,000,000; and the President of the United States Senate, ‘‘Whereas, the Federal Transit Administra- ‘‘Whereas, twenty-four other states have the Speaker of the United States House of tion and AMTRAK have committed a com- more nuclear waste stored than in Idaho, so Representatives, and the members of the bined capital investment of $58,600,000 for the this issue is truly one of national concern Virginia Congressional Delegation in order rehabilitation of the railroad corridor and and of public health, environmental safety that they may be apprised of the sense of the for necessary rail-operating equipment; and and national security; and General Assembly of Virginia in this mat- ‘‘Whereas, in 1992 the citizens of Maine ap- ‘‘Whereas, there does not currently exist a ter.’’ proved a bond issue in the amount of permanent nuclear waste repository; and $3,000,000 necessary to access the federally POM–59. A joint resolution adopted by the ‘‘Whereas, a commitment was made to Legislature of the Commonwealth of Vir- authorized funds for the initiation of this Governor Batt by federal officials that Idaho ginia; to the Committee on Commerce, passenger rail service; and would not become the permanent repository Science, and Transportation. ‘‘Whereas, Maine’s communities of Port- which is as commitment Idahoans believe land, Saco, Old Orchard Beach and Wells and is one that must be fulfilled by federal SENATE JOINT RESOLUTION NO. 268 have assumed responsibility in planning, de- authorities; and ‘‘Whereas, Amtrak is an energy-efficient velopment and construction of local trans- ‘‘Whereas, in meetings with federal offi- and environmental beneficial means of portation centers in support of the passenger transportation, consuming about one-half as cials, Governor Batt made it clear that he rail service with connections to bus service would commit every resource at his disposal much energy per passenger mile as airline and other transportation modes; and travel and causing less air pollution; and to prevent Idaho from becoming a permanent ‘‘Whereas, conservative ridership demand repository for nuclear waste; and ‘‘Whereas, Amtrak provides mobility to forecasts that have been conducted in sup- ‘‘Whereas, Governor Batt has been working citizens of many smaller communities poorly port of the passenger rail service verify this served by air and bus service, as well as to with Idaho’s Congressional delegation and service to be a sound and viable financial in- senior citizens, disabled people, and people Senator Bennett Johnston of Louisiana to vestment for Maine; and with medical conditions that preclude flying; advance Senator Johnston’s legislation ‘‘Whereas, the Federal Transit Administra- and which speeds the process of opening a perma- tion issued a ‘‘Finding of No Significant Im- ‘‘Whereas, on a passenger-mile basis, Am- nent repository; and pact,’’ finding no significant environmental trak is nine times safer than driving an ‘‘Whereas, the United States Department automobile and operates safely even in se- impacts from the passenger rail service and further concluding that integrated rail and of Energy has committed additional funding vere weather conditions; and for INEL health and safety monitoring by ‘‘Whereas, the number of passengers using bus service is economically feasible in the the State of Idaho and has assured Governor Amtrak rose 48 percent of 1982 to 1993, allow- Northeast corridor; and Batt of the continued cleanup and upgrade of ing Amtrak to dramatically improve cov- ‘‘Whereas, increased passenger rail traffic, existing INEL facilities and the Department erage of its operating costs from revenues; consistent with the federal directives of the of Energy is anxious to continue negotia- and federal Intermodal Surface Transportation ‘‘Whereas, expansion of Amtrak service by Efficiency Act, will relieve pressure on tions which will lead to removal of the waste existing rail rights-of-way would cost less Maine’s highways and bridges, thereby pro- from Idaho; and and use less land than either new highways moting energy conservation, reduced vehicle ‘‘Whereas, failure to locate, site and con- or new airports and would further increase emissions and reduced consumption of fossil struct a permanent nuclear waste facility Amtrak’s energy-efficiency advantage; and fuels; and would negatively impact Idaho, and would ‘‘Whereas, federal investment in Amtrak ‘‘Whereas, Maine industries are petitioning constitute a breach of faith by the federal has fallen in the last decade, while it has the State to upgrade freight rail service to authorities with the people of the State of risen for both highways and airports; and enhance their ability to access regional, na- Idaho: Now, therefore, be it

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4922 CONGRESSIONAL RECORD — SENATE March 30, 1995 ‘‘Resolved by the members of the First Regular approved a law designating the National five feet, creating significant increases in Session of the Fifty-third Idaho Legislature, the Highway System; the cost of transporting grain exports House of Representatives and the Senate con- ‘‘Whereas, withholding these funds would throughout the middle Mississippi during curring therein, That we support the efforts create a severe financial impact on the peak shipping seasons; and by Governor Batt to limit or prohibit the transportation programs of Idaho and the ‘‘Whereas, the barge share of grain move- permanent storage of radioactive waste at other states and would disrupt delivery of ments to export ports increased from 43 per- the INEL and that the facility be maintained needed transportation services to the public: cent in 1974 to 54 percent in 1991 and most of as a center for research, development and Now, therefore, be it this barge grain traffic is on the Mississippi safety; be it further ‘‘Resolved by the members of the First Regular River system; and ‘‘Resolved, That responsible federal au- Session of the Fifty-third Idaho Legislature, the ‘‘Whereas, reductions in support to naviga- thorities must continue the search for and House of Representatives and the Senate con- tion and the lack of water flowing into the select a permanent nuclear waste repository curring therein, That we petition the United river during dry or drought periods will re- outside of the State of Idaho and that we States Congress to approve the National duce the commercial value of the Missouri urge the members of the congressional dele- Highway System, as submitted to the Con- River to an extent that the continued exist- gation representing the State of Idaho in the gress previously, prior to September 30, 1995; ence of vital barge traffic on the river will be Congress to vigorously assert the Idaho posi- and be it further jeopardized; Now therefore, be it tion and assure that nuclear waste does not ‘‘Resolved, That the Chief Clerk of the ‘‘Resolved by the Senate, the House of Rep- come to permanently remain in Idaho House of Representatives be, and she is here- resentatives concurring, That the plan pro- through default by the responsible federal by authorized and directed to forward a copy posed by the United States Corps of Engi- authorities; be it further of this Memorial to the President of the neers to dramatically alter the operation of ‘‘Resolved, That until meaningful progress United States, the Secretary of the United the Missouri River threatens land neigh- is made on the search for a permanent repos- States Department of Transportation, the boring the river and the vitality of naviga- itory for government owned spent fuel, in- President of the Senate and the Speaker of tion on the river which is essential to com- cluding those fuels of Naval origin, that all the House of Representatives of Congress, merce; and be it further shipments of fuel into Idaho be halted with and the congressional delegation rep- ‘‘Resolved, That the United States Army Naval fuels to be stored at Naval shipyards resenting the State of Idaho in the Congress Corps of Engineers is urged to reevaluate its and Department of Energy fuels to be stored of the United States.’’ proposal and maintain the current operation at their point of origin; and be it further of the river or consider an alternative plan ‘‘Resolved, That the Chief Clerk of the POM–67. A concurrent resolution adopted that does not negatively impact upon Iowa House of Representatives, be, and she is by the General Assembly of the State of and other states bordering the Missouri hereby authorized and directed to forward a Iowa; to the Committee on Environment and River; and be it further copy of this resolution to the President of Public Works. ‘‘Resolved, That if the plan proposed by the the United States, the Department of En- ‘‘SENATE CONCURRENT RESOLUTION NO. 6 United States Army Corps of Engineers is ergy, the Department of Defense, the Sec- ‘‘Whereas, the Missouri River is a major adopted administratively, that the Iowa con- retary of the Navy, the President of the Sen- waterway of the United States, bordering the gressional delegation cooperate to take all ate and the Speaker of the House of Rep- entire western side of the state of Iowa for actions necessary to ensure that moneys are resentatives of Congress, and the congres- more than 200 miles; and not made available for the proposal’s imple- sional delegation representing the State of ‘‘Whereas, the average volume of water mentation; and be it further Idaho in the Congress of the United States.’’ that flows past the cities of Omaha, Ne- ‘‘Resolved, That copies of this resolution be braska, and Council Bluffs, Iowa, equals sent to the President of the United States; POM–62. A resolution adopted by the 32,120 cubic feet per second which is equiva- the Chief of Engineers, United States Army American Society of Mammalogists relative lent to approximately 23 million acre-feet Corps of Engineers; the Missouri River Divi- to acoustic pollution of the marine environ- per year; and sion Commander, United States Army Corps ment; the Committee on Environment and ‘‘Whereas, the drainage area above Omaha, of Engineers; the President of the United Public Works. Nebraska, and Council Bluffs, Iowa, equals States Senate; the Speaker of the United POM–63. A resolution adopted by the 232,000 square miles; and States House of Representatives; and mem- American Fisheries Society (Missouri Chap- ‘‘Whereas, Iowa is one of the nation’s pre- bers of Iowa’s congressional delegation.’’ ter) relative to the Clean Water reauthoriza- eminent agricultural states, and consist- tion; to the Committee on Environment and ently one of the leading states in both corn POM–68. A joint resolution adopted by the Public Works. and soybeans production; and POM–64. A resolution adopted by the Legislature of the State of Maine; to the ‘‘Whereas, Iowa and other upper mid- American Fisheries Society (Missouri Chap- Committee on Environment and Public western states bordering the Missouri River ter) relative to the Endangered Species Act Works. represent a major grain-producing region of reauthorization; to the Committee on Envi- ‘‘JOINT RESOLUTION the United States; and ronment and Public Works. ‘‘Whereas, the Missouri River is used to ‘‘Whereas, the federal Clean Air Act re- POM–65. A resolution adopted by the transport a significant proportion of the requires that each state in which moderate American Fisheries Society (Missouri Chap- gion’s grain bound for export markets; and ozone nonattainment areas are located sub- ter) relative to the National Biological Serv- ‘‘Whereas, the United States Army Corps mit a revision to the state’s implementation ice; to the Committee on Environment and of Engineers has completed a draft environ- plan to provide for a 15% reduction of vola- Public Works. mental impact statement, containing find- tile organic compound emissions by Novem- POM–66. A resolution adopted by the Leg- ings embodied in a United States Army ber 15, 1996; and islature of the State of Idaho; to the Com- Corps of Engineers study referred to as the ‘‘Whereas, this requirement applies to the mittee on Environment and Public Works. Missouri River Master Water Control Manual State of Maine; and ‘‘HOUSE JOINT MEMORIAL NO. 2 Review and Update; and ‘‘Whereas, a significant portion of the vola- ‘‘Whereas, a viable National Highway Sys- ‘‘Whereas, the draft version of the environ- tile organic compound emissions present in tem is critical to the ability of the states mental impact statement analyzes a new the State have been transported from other and their communities to attract new indus- method of operation for the Missouri River states; and try and to sustain economic growth, and to system which will result in an additional ‘‘Whereas, the programs necessary to the ability of manufacturers to build and de- flow of water in the spring, shorter naviga- achieve the required reduction in emissions liver products, and also for the accomplish- tion seasons, and further reductions in serv- will result in an immense economic burden ment of direct national interests including ice to navigation; and on the citizens of the State of Maine; now, interstate commerce, national defense and ‘‘Whereas, the rising river level in the therefore, be it the competitive position of the states and spring as contemplated in the plan proposed ‘‘Resolved, That, We, your Memorialists, re- the nation in international trade; and by the United States Army Corps of Engi- spectfully urge and request the United ‘‘Whereas, the National Highway System neers will increase risks to land along the States Congress to enact legislation that carries over forty percent of the total vehic- river by causing additional flooding, increas- eliminates the requirement that Maine ular miles of travel and over seventy percent ing groundwater tables, and reducing the ef- achieve a 15% reduction of volatile organic of the commercial truck traffic in the United fectiveness of drainage systems, including compound emissions; and be it further States, thereby constituting the ‘‘backbone’’ the effectiveness of gate valves along the ‘‘Resolved, That suitable copies of this Me- of the intermodal national transportation river designed to facilitate drainage; and morial, duly authenticated by the Secretary system; ‘‘Whereas, the Missouri River contributes of State, be transmitted to the Honorable ‘‘Whereas, the Intermodal Surface Trans- between 40 and 50 percent of the water flow William J. Clinton, President of the United portation Efficiency Act (ISTEA) of 1991 re- to the Mississippi River south of the rivers’ States, the President of the Senate and the quires that after September 30, 1995, no fed- confluence, between St. Louis, Missouri, and Speaker of the House of Representatives of eral funds may be made available for either Cairo, Illinois; and the Congress of the United States, and to the National Highway System or Interstate ‘‘Whereas, the loss of water flow could re- each member of the Maine Congressional Maintenance Programs unless Congress has duce levels at the Port of St. Louis by two to Delegation.’’

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4923 POM–69. A joint resolution adopted by the the 68th session of the Nevada Legislature the Commonwealth in the acquisition and Legislature of the State of Maine; to the hereby urge Congress to name the new fed- development of this state park with the full Committee on Environment and Public eral courthouse under construction in the understanding that the Park would require Works. City of Reno the ‘‘Bruce R. Thompson Fed- reasonable and permanent access through ‘‘JOINT RESOLUTION eral Courthouse’’; and be it further the lands of Back Bay National Wildlife Ref- ‘‘Resolved, That the Secretary of the Sen- ‘‘Whereas, we, your Memorialists, the uge; and ate prepare and transmit a copy of this reso- Members of the One hundred and Seven- ‘‘Whereas, the Commonwealth has acted in lution to the Vice President of the United teenth Legislature of the State of Maine now good faith on numerous occasions to attempt States as presiding officer of the Senate, the assembled in the First Regular Session, most to establish reasonable access to the Park, Speaker of the House of Representatives and respectfully present and petition the Mem- including the Virginia legislature’s endorse- each member of the Nevada Congressional bers of Congress of the United States, as fol- ment of park management guidelines and au- Delegation; and be it further lows: thorization to negotiate land exchange ‘‘Resolved, That this resolution becomes ef- ‘‘Whereas, as 7 counties in Maine were de- agreements with the federal government; fective upon passage and approval.’’ termined by the federal Environmental Pro- and tection Agency as moderate nonattainment ‘‘Whereas, the federal government has con- POM–71. A joint resolution adopted by the areas required by the federal Clean Air Act sistently thwarted the efforts of the Com- Legislature of the Commonwealth of Vir- Amendments of 1990, Section 182(B), (l), to monwealth to establish reasonable access to ginia; to the Committee on Environment and submit a state implementation plan to meet the Park by placing such unreasonable de- Public Works. the requirements of that Act; and mands upon the Commonwealth as (i) requir- ‘‘Whereas, as 4 Maine counties may no SENATE JOINT RESOLUTION NO. 329 ing that disproportionate amounts of state longer fall under the federal Environmental ‘‘Whereas, the Ozone Transport Commis- land be exchanged for federal lands, (ii) plac- Protection Agency guidelines as nonattain- sion (OTC) has recommended to the federal ing an unreasonably high valuation on fed- ment areas causing a necessary change in Environmental Protection Agency (EPA) the eral lands as compared to state lands, and the State’s implementation plan; and imposition of a low-emission vehicle (LEV) (iii) imposing the Refuge’s vehicle-permit- ‘‘Whereas, as the State of Maine is cur- program throughout the northeastern United ting requirements on resident park employ- rently in a contract for IM/240 testing based States, including Northern Virginia, an ac- ees; and on the original determination of the federal tion to which the General Assembly of Vir- ‘‘Whereas, although limited access through Environmental Protection Agency for the ginia, in House Joint Resolution No. 1 of the the Refuge to the Park has existed on an in- necessity of IM/240 testing in nonattainment 1994 Regular Session, has already expressed terim basis for many years, the federal gov- areas; and its opposition; and ernment has recently taken action to se- ‘‘Whereas, the federal Environmental Pro- ‘‘Whereas, use of subsidies, selective tax verely reduce this access, ostensibly basing tection Agency is currently making a full re- benefits, or other financial incentives are ap- this decision on a study conducted by em- evaluation of the necessity of the testing; propriate means of encouraging the develop- ployees of the National Wildlife Refuge, and ment of alternative fuel technologies and which is flawed in its methodology and con- ‘‘Whereas, conclusive scientific data show- their accompanying infrastructure and stim- clusions; and ing the extent of out-of-state airborne pol- ulating a market for alternative fuel vehi- ‘‘Whereas, the Commonwealth has stead- lutants coming into Maine from outside cles; and fastly managed its property at False Cape sources is still being accumulated; and ‘‘Whereas, experience has disclosed a tend- State Park in a manner which (i) exhibits ‘‘Whereas, the State values its heritage of ency for the Clean Air Act Amendments good conservation practices and good stew- clean air for the health, safety and well- (CAAA), the federal Energy Policy Act ardship, resulting in the protection and en- being of our citizens, environment and econ- (EPACT), and EPA regulations to be used by hancement of one of the last barrier spit eco- omy, and needs time to structure an appro- the federal bureaucracy to impose mandates systems and (ii) serves the mission of the priate and cost effective plan that works upon the states without any consultation or Park and greatly enhances the mission of best for Maine’s unique assets and needs; consideration of state legislatures or other Back Bay National Wildlife Refuge; now, now, therefore, be it elected representatives of the people who therefore, be it ‘‘Resolved, That We, your Memorialists, re- will ultimately have to bear the financial ‘‘Resolved by the Senate, the House of Dele- spectfully petition and urgently seek your and other costs of these mandates; and gates concurring, That the Congress of the support to request a one-year suspension of ‘‘Whereas, the final decision on the appro- United States be hereby requested to sup- the July 26, 1995 deadline for sanctions priateness of such mandates as part of an air port, through the passage of federal legisla- against the State of Maine; and be it further pollution control and reduction program tion, if needed, the establishment of a per- ‘‘Resolved, That suitable copies of this reso- should be left in the hands of state legisla- manent access corridor through Back Bay lution, duly authenticated by the Secretary tors and other elected representatives of af- National Wildlife Refuge to False Cape State of State, be transmitted to the Honorable fected people, and not be imposed by the fed- Park. The establishment of this corridor William J. Clinton, President of the United eral bureaucracy; now, therefore, be it should guarantee legal access to the Park States, the President of the Senate and the ‘‘Resolved by the Senate, the House of Dele- and should not be subject to revocation or Speaker of the House of Representatives of gates concurring, That the Congress of the further restrictions by the federal govern- the Congress of the United States and to United States be hereby memorialized to re- ment; and, be it each member of the Maine Congressional frain from imposing upon the states, through ‘‘Resolved further, That the Clerk of the Delegation.’’ the medium of the Clean Air Act Amend- Senate transmit copies of this resolution to ments of 1990, the Energy Policy Act of 1992, the President of the United States Senate, POM–70. A joint resolution adopted by the or federal regulations, any program of man- the Speaker of the House of Representatives, Legislature of the State of Nevada; to the dates except after consultation with and the and the members of the Virginia Congres- Committee on Environment and Public cooperation of the legislatures of the af- sional Delegation so that they may be ap- Works. fected states; and be it prised of the sense of the Virginia General ‘‘SENATE JOINT RESOLUTION NO. 13 ‘‘Resolved further, That the Clerk of the Assembly in this matter.’’ Senate transmit copies of this resolution to ‘‘Whereas, Bruce R. Thompson served with the President of the United States Senate, f distinction as a United States District Judge the Speaker of the United States House of in Nevada for nearly 30 years; and REPORTS OF COMMITTEES Representatives, and the members of the ‘‘Whereas, Bruce R. Thompson, throughout Virginia Congressional Delegation in order The following reports of committees his distinguished career as an attorney and a that they may be apprised of the sense of the judge, exemplified the highest ideals of the was submitted: General Assembly in this matter.’’ legal profession; and By Mrs. KASSEBAUM, from the Com- ‘‘Whereas, Bruce R. Thompson was widely mittee on Labor and Human Resources: POM–72. A joint resolution adopted by the recognized as an esteemed and gifted jurist Special Report entitled ‘‘Legislative Ac- Legislature of the Commonwealth of Vir- who epitomized judicial wisdom and deco- tivities of the Committee on Labor and ginia; to the Committee on Environment and rum; and Human Resources, U.S. Senate, During the ‘‘Whereas, Bruce R. Thompson served Ne- Public Works. 103d Congress, 1993–94’’ (Rept. No. 104–22). vada not only as a judge but also as an ac- SENATE JOINT RESOLUTION NO. 297 By Mr. PRESSLER, from the Committee tive and outstanding member of the civic ‘‘Whereas, the Commonwealth acquired on Commerce, Science, and Transportation, community; and lands and established False Cape State Park without amendment: ‘‘Whereas, Overwhelming and unprece- in Virginia Beach for the purpose of con- S. 652. An original bill to provide for a pro- dented community support exists to pay serving the natural and cultural values of competitive, de-regulatory national policy tribute to Bruce R. Thompson as a pre- these lands and making these lands available framework designed to accelerate rapidly eminent Nevadan and jurist; now, therefore, for the beneficial use of Virginians and their private sector deployment of advanced tele- be it guests; and communications and information tech- ‘‘Resolved by the Senate and Assembly of the ‘‘Whereas, the United States Government, nologies and services to all Americans by State of Nevada, jointly, That the members of through the Department of Interior, assisted opening all telecommunications markets to

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4924 CONGRESSIONAL RECORD — SENATE March 30, 1995 competition, and for other purposes (Rept. employment in the coastwise trade for the forest management plan changes.’’ No. 104–23). vessel AURA; to the Committee on Com- That is all. By Mr. STEVENS, from the Committee on merce, Science, and Transportation. This legislation will not prevent the Rules and Administration, with an amend- S. 654. A bill to authorize the Secretary of ment in the nature of a substitute: Transportation to issue a certificate of docu- Forest Service, or any other Federal S. Res. 24. A resolution providing for the mentation with appropriate endorsement for agency, from taking actions to protect broadcasting of press briefings on the floor employment in the coastwise trade for the endangered species. prior to the Senate’s daily convening. vessel SUNRISE; to the Committee on Com- This legislation will not change one merce, Science, and Transportation. f environmental statute. S. 655. A bill to authorize the Secretary of This legislation will not gut any en- INTRODUCTION OF BILLS AND Transportation to issue a certificate of docu- vironmental policies. JOINT RESOLUTIONS mentation with appropriate endorsement for employment in the coastwise trade for the This legislation will not jeopardize The following bills and joint resolu- vessel MARANTHA; to the Committee on any efforts to protect endangered spe- tions were introduced, read the first Commerce, Science, and Transportation. cies. and second time by unanimous con- S. 656. A bill to authorize the Secretary of In fact, I would argue it will cause a sent, and referred as indicated: Transportation to issue a certificate of documentation with appropriate endorsement for greater public acceptance, awareness, By Mr. LOTT (for himself, Mr. BURNS, employment in the coastwise trade for the and respect for environmental policies. Mr. COCHRAN, Mr. CRAIG, Mr. FAIR- vessel QUIETLY; to the Committee on Com- This legislation merely dictates com- CLOTH, Mr. HATCH, Mr. INHOFE, Mr. merce, Science, and Transportation. KYL, Mr. MACK, Mr. MURKOWSKI, and mon sense to ensure a balanced and Mr. SHELBY): f economically responsible plan is estab- S. 647. A bill to amend section 6 of the For- SUBMISSION OF CONCURRENT AND lished. est and Rangeland Renewable Resources SENATE RESOLUTIONS Let me be very clear, if my col- Planning Act of 1974 to require phasing-in of leagues have a national forest in their certain amendments of or revisions to land The following concurrent resolutions State, then they have a potential prob- and resource management plans, and for and Senate resolutions were read, and lem. other purposes; to the Committee on Agri- referred (or acted upon), as indicated: culture, Nutrition, and Forestry. Previous forest management policy By Mr. THOMAS (for himself and Mr. By Mr. COHEN (for himself, Mr. changes have failed to anticipate soci- ROBB): D’AMATO, Mr. BENNETT, and Mr. S. Res. 97. A resolution expressing the etal consequences on communities and FAIRCLOTH): sense of the Senate with respect to peace and families. Severe economic devastation S. 648. A bill to clarify treatment of cer- stability in the South China Sea; to the occurred. tain claims and defenses against an insured Committee on Foreign Relations. I am not talking about hypothetical depository institution under receivership by the Federal Deposit Insurance Corporation, f situations. Talk to the people in timber communities in Oregon, Wash- and for other purposes; to the Committee on STATEMENTS ON INTRODUCED ington, and Liberty County, FL. This is Banking, Housing, and Urban Affairs. BILLS AND JOINT RESOLUTIONS By Mr. SIMON (for himself, Mr. real and this is not smart. MCCAIN, Mr. MACK, Ms. MOSELEY- By Mr. LOTT (for himself, Mr. In the last Congress, I saw a number BRAUN, Mr. WARNER, Mr. PELL, Mr. BURNS, Mr. COCHRAN, Mr. of legislative provisions adopted to INOUYE, Mr. MOYNIHAN, Mr. DODD, Mr. CRAIG, Mr. FAIRCLOTH, Mr. help communities already destroyed by KENNEDY, Mr. LEAHY, Mr. LAUTEN- HATCH, Mr. INHOFE, Mr. KYL, changes in how forests are managed. BERG, Mr. LEVIN, Mr. BINGAMAN, Ms. Mr. MACK, Mr. MURKOWSKI, and MIKULSKI, Mr. GRAHAM, Mr. JEF- These legislative solutions were expen- Mr. SHELBY): FORDS, Mr. ROBB, Mr. AKAKA, and Mr. sive and necessary. It is an unfortunate S. 647. A bill to amend section 6 of WELLSTONE): thing that they were required, but let S. 649. A bill to authorize the establish- the Forest and Rangeland Renewable members not perpetuate this reactive ment of the National African American Mu- Resources Planning Act of 1974 to re- legislative mode. quire phasing-in of certain amend- seum within the Smithsonian Institution, This legislative goal is to avoid hav- and for other purposes; to the Committee on ments of or revisions to land and re- ing to enact expensive remedies after Rules and Administration. source management plans, and for the fact. Congress needs to get in front By Mr. SHELBY (for himself, Mr. other purposes; to the Committee on of the problems caused by the Forest MACK, Mr. D’AMATO, Mr. BRYAN, Mr. Agriculture, Nutrition, and Forestry. BENNETT, Mr. FAIRCLOTH, Mr. BOND, Service. TIMBER RESOURCE MANAGEMENT LEGISLATION Mr. GRAMM, and Mr. DOLE): The legislation I am introducing here Mr. LOTT. Mr. President, it is time S. 650. A bill to increase the amount of today has a goal of avoiding having to to require the U.S. Forest Service to credit available to fuel local, regional, and enact expensive remedies after the national economic growth by reducing the act in a responsible manner when fact. Congress needs to get in front of regulatory burden imposed upon financial in- amending it’s forest management plans the problems caused by the Forest stitutions, and for other purposes; to the and prior to revising its land and re- Service. Committee on Banking, Housing, and Urban source management plans. Affairs. It is unfortunate that it is necessary This legislation involves an uncom- By Mr. MCCAIN: plicated inexpensive four criteria S. 651. A bill to establish the Office of the to legislate this requirement, but past performance such as red cockaded phase-in process. In fact, it was exam- Inspector General within the General Ac- ined by the Department of Agriculture counting Office, modify the procedure for woodpecker in the South and the spot- congressional work requests for the General ted owl in the Northwest has made this when it was a resolution last year. All Accounting Office, establish a Peer Review necessary. of its concerns were incorporated in Committee, and for other purposes; to the Today is a special day. Six years ago the language that was accepted in the Committee on Governmental Affairs. is when the U.S. Forest Service unilat- last day of the session. By Mr. PRESSLER: erally implemented arbitrary changes This legislation is straightforward. S. 652. An original bill to provide for a pro- to forest management plans in the This legislation ensures that com- competitive, de-regulatory national policy mon sense and economic issues are framework designed to accelerate rapidly southern region and ignored one of its private sector deployment of advanced tele- missions by reducing timber har- factored into policies which change for- communications and information tech- vesting. And for 6 years elected offi- est management plans. nologies and services to all Americans by cials have worked to reestablish re- This legislation will preclude dev- opening all telecommunications markets to sponsible management. astating economic impacts from public competition, and for other purposes; from I am reintroducing my resolution policies by suddenly reducing annual the Committee on Commerce, Science, and which was adopted in the last Con- timber harvests. This produces signifi- Transportation; placed on the calendar. cant job losses and financial ruin. It By Mr. KERRY (for himself and Mr. gress. However, this time my legisla- KENNEDY): tion will formally amend the National damages schools. In small communities S. 653. A bill to authorize the Secretary of Forest Management Act of 1976. it has unbelievable consequences quite Transportation to issue a certificate of docu- In 10 words or less my bill will: ‘‘re- often when it is just put into effect mentation with appropriate endorsement for quire the Forest Service to phase-in without proper consideration.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4925 It makes sense to create a cost effec- ning Act of 1974 (16 U.S.C. 1604) is amended a Federal statute enacted in 1950. The tive and smooth glidepath for timber- by adding at the end the following: original purpose of the doctrine was to dependent communities as forest man- ‘‘(n) PHASING-IN OF CHANGES TO LAND AND RESOURCE MANAGEMENT PLANS.— protect the interests of Federal bank agement plans are changed. It makes ‘‘(1) IN GENERAL.—When the Secretary regulatory agencies by making secret double sense to do this upfront, not amends or revises a land or resource manage- side agreements that do not appear in after families and communities have ment plan with the purpose of increasing the the records of an insured bank unen- been disrupted, devastated, and dam- population of a species in a unit of the Na- forceable when a bank fails and bank- aged in many ways. tional Forest System or in any area within a The bill will restore the essential unit, the Secretary shall, to the greatest ex- ing agency is appointed receiver. balance which the Forest Service must tent practicable and except when there is an Over the years, however, this salu- maintain. The Forest Service must not imminent risk to public health, phase in the tary purpose has been perverted into a amendment or revision over an appropriate emphasize a single mission at the ex- period of time determined on the basis of the national policy allowing the FDIC and pense of other resources. considerations described in paragraph (2). RTC to slam the courthouse door in The bill will not challenge or pro- ‘‘(2) CONSIDERATIONS.—The considerations the face of litigants asserting claims hibit the policies which protect our referred to in paragraph (1) are— and defenses that have nothing to do ‘‘(A) the social and economic consequences public forests. Rather it recognizes and with secret side agreements. In many explicitly acknowledges that our na- to local communities of any new policy con- cases, the claimants have been victims tional forests have a multiple use mis- tained in an amendment or revision; ‘‘(B) the length of time needed to achieve of fraud by bank officials. Nonetheless, sion which cannot be ignored. I think the population increase that is the objective if the litigants’ claims or defenses were we have been slipping away from that of the amendment or revision; in recent years. ‘‘(C) the cost of implementation of the based in any way on oral, unrecorded The legislative approach in a word is amendment or revision; and representations, the FDIC and RTC ‘‘cash-flow.’’ It means that the forest ‘‘(D) the financial resources available for have successfully used D’Oench Duhme to be set aside will provide for just the implementation of the amendment or revi- to lower the boom and get the claims sion.’’. habitat of the existing colony of the (b) APPLICATION OF AMENDMENT.—The dismissed. Individuals are abused endangered species. amendment made by subsection (a) shall twice—once by the bank and then We have had a recent proposal that apply to any amendment of or revision to a again by the Government. The sad fact 100,000 acres in the district of a na- land or resource management plan described is that these individuals often think tional forest be set aside for a colony of in the amendment that is proposed on or that they have been treated worse by after the date of enactment of this Act or red cockaded woodpeckers. I thought a the FDIC or RTC than they were by the colony was maybe 1,000 birds or some- that has been proposed but not finally adopt- bank that defrauded them. thing for 100,000 acres. It was five—five ed prior to the date of enactment. In January, the Subcommittee on the birds. Common sense is what we are By Mr. COHEN (for himself, Mr. asking for here in our forest manage- Oversight of Government Management, D’AMATO, Mr. BENNETT, and Mr. ment policy. which I chair, held a hearing on the FAIRCLOTH): The set-aside would then increase, S. 648. A bill to clarify treatment of FDIC and RTC’s misapplication of this based on the growth of the population certain claims and defenses against an powerful legal doctrine. The sub- of the protected species. This means insured depository institution under committee heard testimony from indi- that the original set-aside will not be receivership by the Federal Deposit In- viduals who have been victimized by based on the size of the final colony, a surance Corporation, and for other pur- the FDIC and RTC’s use of D’Oench goal which may not be reached for gen- poses; to the Committee on Banking, Duhme, an attorney who has rep- erations. resented dozens of clients against these However, the Forest Service, under Housing, and Urban Affairs. current policies, will immediately set THE D’OENCH DUHME REFORM ACT agencies, and a panel of legal scholars. aside the full habitat area—100,000 Mr. COHEN. Mr. President, I rise All of these witnesses documented that acres perhaps—for foraging, even today to introduce the D’Oench Duhme the Federal courts, at the urging of the though the species population will not Reform Act. I think it is safe to say FDIC and RTC, have expanded the doc- require this area for well into the next that very few Members of this body trine in a way that has led to fun- century, maybe never. This is neither have ever heard of the D’Oench Duhme damentally unfair, and unjustifiable, environmentally nor economically doctrine, or understand why the Senate results. should spend its time reforming this sound. I was especially struck by the testi- arcane area of Federal banking law. The Forest Service approach is an ar- mony a professor who had represented rogant abuse of public assets entrusted But I submit that the problems that the FDIC in a case where an elderly to them. I believe current Forest Serv- have arisen with respect to D’Oench couple had obviously been victimized ice practices are counterproductive to Duhme are symptomatic of the more public acceptance of environmental general problem that we see today of by officers of a savings and loan. In policies. government acting without regard to fact, the officers of the S&L were even- I urge my colleagues to take a close the impact of its actions on the citi- tually convicted on 30 counts of bank look at this legislation. I will be look- zenry. Governmental arrogance of this fraud. Nonetheless, the professor suc- ing for a way to move it. We had broad sort corrodes public confidence in its ceeded in getting the elderly couple’s bipartisan support last year when it political institutions and hinders the civil case against the FDIC dismissed was just a resolution. I hope that we ability of government to act in the pursuant to the D’Oench Duhme doc- can find a bill that we can attach it to. public interest. So the bill I introduce trine. The patent unfairness of this re- If not, I will be looking for a vehicle to today has two purposes: It aims to fix sult led the professor to write a law re- offer it as an amendment. a legal doctrine that has victimized view article criticizing the unjustified Mr. President, I ask unanimous con- hundreds of innocent people. But it expansion of the D’Oench doctrine. sent that the text of the bill be printed also is designed to help restore con- I also want to remind the Senate of in the RECORD. fidence in government in general by re- There being no objection, the bill was an extraordinary case from Boston in- forming a law that is fundamentally volving Rhetta and John Sweeney that ordered to be printed in the RECORD, as unfair. follows: I am very pleased to announce that I brought to the Senate’s attention last summer. After a lengthy trial in State S. 647 Senators D’AMATO, BENNETT, and FAIR- Be it enacted by the Senate and House of Rep- CLOTH are joining me as original co- court, in which a jury decided the resentatives of the United States of America in sponsors of the D’Oench Duhme Reform Sweeney’s were liable on a mortgage, Congress assembled, Act. I look forward to working with the trial court in a separate decision SECTION 1. PHASING-IN OF AMENDMENTS OF them as the bill is considered in the ruled that they had been defrauded by AND REVISIONS TO LAND AND RE- SOURCE MANAGEMENT PLANS. Banking Committee. ComFed bank and won a $3 million ver- (a) IN GENERAL.—Section 6 of the Forest The D’Oench Duhme doctrine is dict. But when ComFed failed and the and Rangeland Renewable Resources Plan- based on a 1942 Supreme Court case and RTC took over as receiver, the case

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4926 CONGRESSIONAL RECORD — SENATE March 30, 1995 was removed to Federal court days be- separate lines of authority to bar claims far beyond it original intent. D’Oench, fore the court’s decision was written, brought against them, a federal common law Duhme robs citizens of legal defenses and then dismissed based under doctrine developed pursuant to the Supreme after they have been defrauded by their D’Oench Duhme. Now the Sweeneys are Court case D’Oench Duhme & Co. v. FDIC lending institutions, and those institu- (1942), and a federal statute, section 13(e) of now facing the loss of their family the Federal Deposit Insurance Act (‘‘FDIA’’). tions have, in turn, been taken over by home. For the Sweeneys, D’Oench This section represents a congressional find- the FDIC and RTC. Duhme has meant just that—doom. ing that the use of these authorities by fed- In 1942, the Supreme Court decided These examples are just the tip of the eral banking agencies have led to fundamen- D’Oench, Duhme & Co. versus FDIC. iceberg. D’Oench Duhme has been in- tally unfair results because individuals with D’Oench, Duhme & Co.—‘‘D’Oench’’— voked by the FDIC to bar claims in ap- potentially valid claims and defenses against executed unconditional promissory proximately 5,145 cases since 1989. depository institutions have been barred notes to the Bellville Bank & Trust Co. Countless other claimants probably from bringing such claims when the institu- O’Oench entered into a secret agree- have not even bothered to file claims tions fail and are taken over by federal bank- ment with the bank that the notes ing agencies. based on their knowledge of the sweep- This section also states that the purposes would not be called for payment. In ing power of the D’Oench doctrine. of the bill are to unify the two doctrines so 1938, the bank failed and the FDIC ac- These claimants may not have valid that all cases are handled according to the quired the notes. The FDIC demanded claims, but at least they should have federal statute and modify the statute so payment and learned of the secret the chance to have their cases heard on that certain intentional tort and other agreement. The Court held that the the merits. claims and defenses may be adjudicated on notes were enforceable and dismissed The current law is unfair and arbi- the merits. the agreement between D’Oench and trary. Bank customers are permitted SECTION 3—CLARIFICATION the bank. to assert claims and defenses based on This section amends section 13(e) of the In 1950, Congress attempted to codify oral representations against solvent FDIA as follows: the D’Oench, Duhme doctrine in the banks, but a different law—D’Oench Section (e)(1) provides that agreements re- Federal Deposit Insurance Act [FDIA]. lating to assets acquired by federal banking Duhme—applies once a bank becomes agencies during a receivership, conservator- The statute set forth requirements for insolvent. ship, or by purchase and assumption, are not agreements which would defeat the in- The FDIC and RTC have arrogated to enforceable against the agency unless they terest of the FDIC in an asset of an ac- themselves power that has not been are in writing and were executed in the nor- quired institution. Such agreements granted to them by Congress. They mal course of business. This section changes are unenforceable unless they are in have done so based on the belief that current laws by streamlining the recordation writing, have been formally recorded in Congress wants them to resolve failed requirements that must be met for an agree- bank records, and have been approved institutions as inexpensively as pos- ment to be enforceable against the federal by the bank’s board of directors. banking agencies. sible. But Congress did not authorize Section (e)(2) clarifies that certain claims The statute expanded the D’Oench the FDIC and RTC to trample over in- and defenses may be raised against the fed- decision by allowing the FDIC to use dividual rights for the purpose of re- eral banking agencies, despite the fact that the doctrine against borrowers who did ducing the cost of bank and thrift fail- unwritten agreements are made unenforce- not commit fraud or enter into a secret ures. The whole purpose of the bank in- able under section (e)(1). These claims and agreement. However, the statute lim- surance system has been secure public defenses include claims that do not relate to ited the doctrine by applying it only to confidence in the banking system and an asset acquired by the Corporation, claims the FDIC’s interest in an acquired spread the cost of bank failures to the that relate to transactions that would not asset. normally be recorded in the official records The D’Oench, Duhme doctrine was public as a whole. D’Oench Duhme un- of a depository institution, and claims com- dermines both purposes. It degrades menced before the appointment of a receiver originally adopted to protect taxpayers public confidence in the banking sys- or conservator. In addition, intentional tort from secret agreements between banks tem by permeating the resolution proc- claims and claims based on state or federal and borrowers. Narrowly construed, ess with fundamental unfairness. It statutory law may be filed against the fed- D’Oench, Duhme allows the FDIC and also places a disproportionate share of eral banking agencies after their appoint- RTC to collect on an institution’s the burden of bank failure on individ- ment as receiver or conservator so long as loans and save taxpayer dollars. Unfor- uals who have done nothing wrong but the parties asserting the claims did not par- tunately, the doctrine has been dis- ticipate in a scheme to defraud bank officials torted into a weapon against innocent to have had the misfortune of choosing or federal bank examiners. to do business with a bank that eventu- Section (e)(3) overrules a number of federal fraud victims. ally failed. cases which hold that the federal banking Under the D’Oench, Duhme doctrine, The legislation I am introducing agencies should be treated as if they were courts have routinely ignored the asset today will correct this inequity. Its ‘‘holders in due course’’ and therefore immu- requirement for consideration. Courts purpose is to restore D’Oench Duhme nized from certain categories of claims and have also regularly applied the doc- to its original, narrow purpose. Con- defenses. This section clarifies that a federal trine to innocent borrowers who did sequently, the bill continues to bar banking agency may only be considered a not commit fraud or enter into secret ‘‘holder in due course’’ if it meets all the re- agreements. Some courts have granted claims and defenses based on secret quirements for such status under the appli- side agreements entered into by bank cable state law. the FDIC and RTC the status of holder insiders. But the bill provides relief Section (e)(4) provides that agreements for in due course. A party who gains this victims of bank fraud by opening the the sale or purchase of goods and services are status takes an instrument free from courthouse doors and allowing them to enforceable against the federal banking virtually any defenses. Therefore, a have their day in court. agencies. holder in due course is immune to a de- Reform of the D’Oench Duhme doc- SECTION 4—REPEAL fense of fraud in the inducement, as trine is necessary to restore funda- This section repeals section 11(d)(9) of the well as any of the other personal de- mental fairness to our banking law. FDIA because it would be rendered redun- fenses. It makes no sense to punish Mr. President, I urge my colleagues to dant by other sections of the bill. fraud victims for the misconduct of support this measure. SECTION 5—CONFORMING AMENDMENTS their lending institution, but that is Mr. President, I ask unanimous con- SECTION 6—APPLICABILITY exactly what the doctrine does. sent that a section-by-section analysis This section provides that the bill will The Federal banking agencies have be printed in the RECORD. apply retroactively to all claims and litiga- zealously applied the D’Oench, Duhme There being no objection, the mate- tion in progress on or after October 19, 1993. doctrine. Cleaning services and other rial was ordered to be printed in the Mr. D’AMATO. Mr. President, I rise private vendors have not been paid be- RECORD, as follows. today in support of the legislation cause the agencies have used the doc- SECTION-BY-SECTION ANALYSIS sponsored by my esteemed colleague trine to avoid making payments to SECTION 1—SHORT TITLE from Maine, Senator COHEN, to reform them. Innocent small businesses should SECTION 2—FINDINGS AND PURPOSES the legal doctrine known as D’Oench, not be left bankrupt because the insti- This section explains that under current Duhme. This doctrine has been ex- tution which hired them was taken law, federal banking agencies can use two panded by banking agencies and courts over by the FDIC and RTC.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4927 The D’Oench, Duhme Reform Act continue. On a different scale, however, derstanding, knowledge, opportunity, and would amend the FDIA to ensure that there should be a national African- equality for all people; fraud victims can assert valid legal de- American Museum. We need an institu- (5) the establishment of a national museum fenses. Claims commenced before the tion that can serve as a national and and the conducting of interpretive and edu- appointment of an agency as receiver international center. cational programs, dedicated to the heritage A national museum dedicated to edu- and culture of African Americans, will help would not be cut short by D’Oench, to inspire and educate the people of the Duhme. Fraud claims could be asserted cation and research would provide a broader and better understanding of United States regarding the cultural legacy after the appointment of an agency the contributions made by African- of African Americans and the contributions only if the party asserting the claim Americans. The inadequate presen- made by African Americans to the society of did not participate in any part of the tation and preservation of African- the United States; and fraud. American life, art, history and culture (6) the Smithsonian Institution operates 15 Under this bill, the Federal banking undermines the ability of Americans to museums and galleries, a zoological park, agencies could not gain the status of a understand themselves and their past. and 5 major research facilities, none of which holder is due course unless they meet With a better understanding of our is a national institution devoted solely to the requirements for such status under collective past, we will be a stronger African American life, art, history, or culture. the applicable state law. Agreements Nation. There are many issues abroad made by a lending institution for the and at home that clamor for our imme- SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRI- diate attention. To face these issues, CAN AMERICAN MUSEUM. purchase of goods and services would (a) ESTABLISHMENT.—There is established be enforceable against the FDIC and we need a comprehensive understanding of our history. within the Smithsonian Institution a Mu- RTC. seum, which shall be known as the ‘‘National The D’Oench, Duhme Reform Act Of the 30 million visitors to the Smithsonian every year, many are African American Museum’’. would not automatically grant relief to from other countries. After visiting the (b) PURPOSE.—The purpose of the Museum people who claim they were defrauded. African-American museum, these travis to provide— Secret agreements would remain unen- elers will have a more complete under- (1) a center for scholarship relating to Afri- forceable. This bill would simply give standing of our Nation. can American life, art, history, and culture; fraud victims their day in court. Mr. President, I recognize that these (2) a location for permanent and temporary Mr. President, innocent people are are times of fiscal constraint. This leg- exhibits documenting African American life, art, history, and culture; losing their homes and businesses. islation does not require any additional appropriation. (3) a location for the collection and study Hardworking, honest people are de- of artifacts and documents relating to Afri- frauded, and then they are victimized Currently, one corner of the can American life, art, history, and culture; again by the banking agencies. The Smithsonian’s Arts and Industries (4) a location for public education pro- FDIC and RTC are railroading these Building has been set aside for the Af- grams relating to African American life, art, rican-American Museum project. history, and culture; and people into foreclosure. This practice is Claudine Brown, the project’s current grossly unfair and must be stopped. Mr. (5) a location for training of museum pro- director, and her staff have worked fessionals and others in the arts, humanities, President, the D’Oench, Duhme Reform hard on this temporary exhibit. Ms. Act will do just that. and sciences regarding museum practices re- Brown will soon be leaving the project lated to African American life, art, history, to return to New York. Her contribu- and culture. By Mr. SIMON (for himself, Mr. tion has helped to lay the foundation MCCAIN, Mr. MACK, Ms. upon which we can now build. SEC. 4. LOCATION AND CONSTRUCTION OF THE MOSELEY-BRAUN, Mr. WARNER, NATIONAL AFRICAN AMERICAN MU- Mr. PELL, Mr. INOUYE, Mr. MOY- I was disappointed last Congress SEUM. NIHAN, Mr. DODD, Mr. KENNEDY, when this legislation did not pass the The Board of Regents is authorized to plan, Mr. LEAHY, Mr. LAUTENBERG, Senate prior to adjournment last Con- design, reconstruct, and renovate the Arts Mr. LEVIN, Mr. BINGAMAN, Ms. gress. That unfortunate outcome, how- and Industries Building of the Smithsonian MIKULSKI, Mr. GRAHAM, Mr. ever, makes our renewed initiative all Institution to house the Museum. JEFFORDS, Mr. ROBB, Mr. the more pressing. I urge my col- SEC. 5. BOARD OF TRUSTEES OF MUSEUM. leagues to join me in support of the Na- AKAKA, and Mr. WELLSTONE): (a) ESTABLISHMENT.—There is established tional African American Museum Act. S. 649. A bill to authorize the estab- in the Smithsonian Institution the Board of lishment of the National African Amer- Mr. President, I ask unanimous con- Trustees of the National African American ican Museum within the Smithsonian sent that the text of the bill be printed Museum. Institution, and for other purposes; to in the RECORD. (b) COMPOSITION AND APPOINTMENT.—The the Committee on Rules and Adminis- There being no objection, the bill was Board of Trustees shall be composed of 23 tration. ordered to be printed in the RECORD, as members as follows: follows: THE NATIONAL AFRICAN AMERICAN MUSEUM ACT (1) The Secretary of the Smithsonian Insti- tution. Mr. SIMON. Mr. President, I reintro- S. 649 Be it enacted by the Senate and House of Rep- (2) An Assistant Secretary of the Smithso- duced a bill that would authorize the nian Institution, designated by the Board of establishment of an African-American resentatives of the United States of America in Congress assembled, Regents. Museum within the Smithsonian Insti- (3) Twenty-one individuals of diverse dis- tution. My colleague, Congressman SECTION 1. SHORT TITLE. ciplines and geographical residence who are JOHN LEWIS, offered the companion This Act may be cited as the ‘‘National Af- committed to the advancement of knowledge measure in the House on February 1, rican American Museum Act’’. of African American art, history, and cul- 1995. SEC. 2. FINDINGS. ture, appointed by the Board of Regents, of The purpose of this legislation is to The Congress finds that— whom 9 members shall be from among indi- inspire and educate our Nation and the (1) the presentation and preservation of Af- viduals nominated by African American mu- world about the cultural legacy of Afri- rican American life, art, history, and culture seums, historically black colleges and uni- can-Americans and the contributions within the National Park System and other versities, and cultural or other organiza- made by African-Americans. Federal entities are inadequate; tions. Throughout American history, two (2) the inadequate presentation and preser- (c) TERMS.— racial groups—African-Americans and vation of African American life, art, history, (1) IN GENERAL.—Except as provided in native Americans—have been consist- and culture seriously restrict the ability of paragraph (2), members of the Board of ently mistreated and underrepresented. the people of the United States, particularly Trustees shall be appointed for terms of 3 To help make up for this mistreat- African Americans, to understand them- years. Members of the Board of Trustees may ment, a memorial to the native Amer- selves and their past; be reappointed. ican experience has already been au- (3) African American life, art, history, and (2) STAGGERED TERMS.—As designated by thorized. This legislation would com- culture include the varied experiences of Af- the Board of Regents at the time of initial memorate the African-American com- ricans in slavery and freedom and the con- appointments under paragraph (3) of sub- munity and experience. tinued struggles for full recognition of citi- section (b), the terms of 7 members shall ex- There are many wonderful private zenship and treatment with human dignity; pire at the end of 1 year, the terms of 7 mem- museums that are dedicated to the (4) in enacting Public Law 99–511, the Con- bers shall expire at the end of 2 years, and preservation and presentation of the gress encouraged support for the establish- the terms of 7 members shall expire at the African-American art, culture and his- ment of a commemorative structure within end of 3 years. tory. These museums contribute great- the National Park System, or on other Fed- (d) VACANCIES.—A vacancy on the Board of ly to their communities, and should eral lands, dedicated to the promotion of un- Trustees shall not affect its powers and shall

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4928 CONGRESSIONAL RECORD — SENATE March 30, 1995 be filled in the manner in which the original (5) support the efforts of other African drive up the cost of credit and hamper appointment was made. Any member ap- American museums, historically black col- credit availability. pointed to fill a vacancy occurring before the leges and universities, and cultural and expiration of the term for which the prede- other organizations to educate and promote Three years ago, the Federal Finan- cessor of the member was appointed shall be understanding regarding African American cial Institutions Examination Council appointed for the remainder of the term. life, art, history, and culture, including— released a study that found that the (e) NONCOMPENSATIO±±N.—Except as pro- (A) the development of cooperative pro- regulatory cost of compliance was as vided in subsection (f), members of the Board grams and exhibitions; high as $17.5 billion a year. Mr. Presi- of Trustees shall serve without pay. (B) the identification, management, and dent, that was 3 years ago. While Sen- (f) EXPENSES.—Members of the Board of care of collections; ator MACK and I were successful in Trustees shall receive per diem, travel, and (C) the participation in the training of mu- transportation expenses for each day, includ- seum professionals; and gaining some relief last year in the ing travel time, during which such members (D) creating opportunities for— Community Development Financial In- are engaged in the performance of the duties (i) research fellowships; and stitutions and Regulatory Relief Act, of the Board of Trustees in accordance with (ii) professional and student internships; regulatory initiatives continue to flood section 5703 of title 5, United States Code, (6) adopt bylaws to carry out the functions with respect to employees serving intermit- the pages of the Federal Register, in- tently in the Government service. of the Board of Trustees; and flating it to all-time highs. (g) CHAIRPERSON.—The Board of Trustees (7) report annually to the Board of Regents on the acquisition, disposition, and display Mr. President, fighting Government shall elect a chairperson by a majority vote regulation and regulatory burdens is of the members of the Board of Trustees. of African American objects and artifacts (h) MEETINGS.—The Board of Trustees shall and on other appropriate matters. not a one time battle; it is a constant meet at the call of the chairperson or upon SEC. 7. DIRECTOR AND STAFF. battle. It is a war that never ends, but the written request of a majority of its mem- (a) IN GENERAL.—The Secretary of the only ebbs. bers, but shall meet not less than 2 times Smithsonian Institution, in consultation After months of comments and input each year. with the Board of Trustees, shall appoint a (i) QUORUM.—A majority of the Board of Director who shall manage the Museum. from bankers and regulators, Senator Trustees shall constitute a quorum for pur- (b) APPLICABILITY OF CERTAIN CIVIL SERV- MACK and I have returned once again poses of conducting business, but a lesser ICE LAWS.—The Secretary of the Smithso- to forge an ambitious comprehensive number may receive information on behalf of nian Institution may— reform bill that promises long-overdue the Board of Trustees. (1) appoint the Director and 5 employees of relief to an overburdened financial (j) VOLUNTARY SERVICES.—Notwithstanding the Museum, without regard to the provi- services industry. section 1342 of title 31, United States Code, sions of title 5, United States Code, gov- the chairperson of the Board of Trustees may erning appointments in the competitive Like last year’s bill, this year’s bill accept for the Board of Trustees voluntary service; and targets laws and regulations that im- services provided by a member of the Board (2) fix the pay of the Director and such 5 pose regulatory burdens which are ex- of Trustees. employees, without regard to the provisions traneous to safety and soundness con- SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF of chapter 51 and subchapter III of chapter 53 cerns and act to restrict rather than THE MUSEUM. of such title, relating to classification and The Board of Trustees shall— promote credit availability. General Schedule pay rates. (1) recommend annual budgets for the Mu- SEC. 8. DEFINITIONS. The bill strikes out at the giants seum; that hold down lending with excessive (2) consistent with the general policy es- For purposes of this Act: tablished by the Board of Regents, have the (1) ARTS AND INDUSTRIES BUILDING.—The costs, like Truth-in-Lending and sole authority to— term ‘‘Arts and Industries Building’’ means RESPA, Truth-in-Savings, the Commu- (A) loan, exchange, sell, or otherwise dis- the building located on the Mall at 900 Jef- nity Reinvestment Act, and other over- pose of any part of the collections of the Mu- ferson Drive, S.W. in Washington, the Dis- ly burdensome laws whose legitimate seum, but only if the funds generated by trict of Columbia. central purpose has been lost in a sea (2) BOARD OF REGENTS.—The term ‘‘Board such disposition are used for additions to the of regulation. collections of the Museum or for additions to of Regents’’ means the Board of Regents of the endowment of the Museum; the Smithsonian Institution. The bill streamlines or cuts duplica- (B) subject to the availability of funds and (3) BOARD OF TRUSTEES.—The term ‘‘Board tive and unnecessary reporting require- the provisions of annual budgets of the Mu- of Trustees’’ means the Board of Trustees of ments, eliminates excessive compli- seum, purchase, accept, borrow, or otherwise the National African American Museum es- ance costs, and reforms laws that no tablished in section 5(a). acquire artifacts and other property for addi- longer make sense and cost the indus- (4) MUSEUM.—The term ‘‘Museum’’ means tion to the collections of the Museum; try millions without any corresponding (C) establish policy with respect to the uti- the National African American Museum es- lization of the collections of the Museum; tablished under section 3(a). benefit to either the consumer or the and health and stability of the banking sys- (D) establish policy regarding program- By Mr. SHELBY (for himself, Mr. tem. ming, education, exhibitions, and research, MACK, Mr. D’AMATO, Mr. Mr. President, an example of a law with respect to the life and culture of Afri- BRYAN, Mr. BENNETT, Mr. FAIR- that may have had good intentions but can Americans, the role of African Ameri- CLOTH, Mr. BOND, Mr. DOLE, and cans in the history of the United States, and does not make sense and has cost the Mr. GRAMM): banking industry about $400 million is the contributions of African Americans to S. 650. A bill to increase the amount society; the Truth-in-Savings Act. A law in- (3) consistent with the general policy es- of credit available to fuel local, re- tended to prevent institutions from tablished by the Board of Regents, have au- gional, and national economic growth calculating interest on investible bal- thority to— by reducing the regulatory burden im- ances has become a leviathon of Broad, (A) provide for restoration, preservation, posed upon financial institutions, and highly complex disclosure require- and maintenance of the collections of the for other purposes; to the Committee ments that extend far beyond the origi- Museum; on Banking, Housing, and Urban Af- nal intent of the law. (B) solicit funds for the Museum and deter- fairs. mine the purposes to which such funds shall Consumer protection laws should do THE ECONOMIC GROWTH AND REGULATORY be used; PAPERWORK REDUCTION ACT OF 1995 just that, Mr. President. Laws like (C) approve expenditures from the endow- ∑ Mr. SHELBY. Mr. President, credit Truth-in-Lending and Truth-in-Savings ment of the Museum, or of income generated have become so complex that the ac- from the endowment, for any purpose of the availability is vital to the livelihood of Museum; and every American. It is the fuel that tual benefits these laws confer on con- (D) consult with, advise, and support the drives personal financial, business, and sumers are highly questionable. Director in the operation of the Museum; economic growth in this country. Another law consistently identified (4) establish programs in cooperation with Promoting greater credit availability as one of the most burdensome and in other African American museums, histori- should, therefore, be an important eco- need of review is the Community Rein- cally black colleges and universities, histor- nomic policy goal. I know that it is to vestment Act. CRA is seen as all stick ical societies, educational institutions, and cultural and other organizations for the edu- me. For this reason, for the third Con- and no carrot. Even though banks ex- cation and promotion of understanding re- gress in a row, I am introducing com- pend significant resources to ade- garding African American life, art, history, prehensive regulatory relief legislation quately comply with the law, they are and culture; aimed at reducing the burdens that susceptible to protests that promote

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4929 meritless delay and result in extortive tail the diversion of valuable resources. months. In the past 5 years, Congress practices. I look forward to working with the ad- has passed more than 40 laws affecting Large banks with billions in assets ministration in crafting an effective bank operations. While most of these have less difficulty diverting assets to CRA mechanism. laws begin as well-intentioned ideas, achieve compliance under the law than I believe this bill builds on the suc- they usually mushroom into adminis- does the small, community bank. The cess of efforts last year to reduce un- trative complexity unintended by Con- livelihood of small banks—under $250 necessary regulatory burdens. In the gress. Community Development Banking and million in assets—is by their very na- This layering of regulation—bill after Financial Institutions Act, Public Law ture dependent upon reinvesting in bill, year after year—has created great 103–325, a number of paperwork burdens their community. inefficiency, redundancy, overlap, and were streamlined. I was particularly Mr. President, the costs on commu- common contradiction in the laws that proud of the reforms we accomplished nity banks are tangible and quantifi- govern the banking industry. We must in the area of currency transaction re- able, wile the benefits of imposing CRA end this cycle.∑ compliance on community banks are ports [CTR’s]. The law requires a 30- illusive and questionable. percent reduction in the number of If not properly reformed, CRA threat- CTR’s financial institutions must file By Mr. MCCAIN: ens to be an albatross of redtape and while, at the same time, improving law S. 651. A bill to establish the Office of complexity with little or no way of enforcement’s ability to track down the Inspector General within the Gen- gauging its benefits or success. money launderers. These kinds of re- eral Accounting Office, modify the pro- Reducing regulatory burden and com- forms are critical if we are to keep cedure for congressional work requests pliance costs on our financial institu- American industry competitive. for the General Accounting Office, es- tions promotes credit availability, fa- While I do not believe this legislation tablish a Peer Review Committee, and cilitates capital creation, and fuels our is perfect, I do believe it raises a num- for other purposes; to the Committee business, our communities, and our ber of areas which must be worked on on Governmental Affairs. economy. and improved. The administration is aware of this need and will be working THE GENERAL ACCOUNTING OFFICE OVERSIGHT Mr. President, our bill today rep- AND IMPROVEMENT ACT OF 1995 resents a starting point. The process is with us every step of the way. I am ∑ open and I expect a great deal of dia- confident that we can craft legislation Mr. MCCAIN. Mr. President, today I logue on the core of our bill as intro- that both reduces unnecessary paper- am introducing the General Account- duced, as well as many other relief pro- work and improves consumer protec- ing Office Oversight and Reform Act. visions that may be raised for inclusion tion at the same time. That is my goal The GAO is Congress’ watchdog, audi- in the process. and will be my guiding principle tor, and analyst, and in carrying out Congressman BEREUTER is intro- throughout this process. its important mission the GAO has a ducing similar regulatory relief legisla- The thrust of this legislation is in significant influence on our Nation’s tion in the House today. Mr. President, the right direction. I do not support all legislative agenda. with the support of the House and Sen- of its provisions and, in fact, have dif- Due to the importance of the GAO’s ate leadership and Banking Committee ficulty with the magnitude of some of mission, the Congress has an obligation Chairmen D’AMATO and LEACH, I am these changes. However, I believe this to ensure that the agency meets the confident that our regulatory relief legislation starts us down the path of highest standards of excellence and legislation will gain the same broad bi- coming up with a compromise bill maintains a reputation beyond re- ∑ partisan support it enjoyed last year, which President Clinton can sign. proach. Unfortunately, in recent years, ∑ Mr. BOND. Mr. President, today I am and I would urge my colleagues to sup- numerous complaints about bias, par- pleased to cosponsor the Economic port this bill. tisanship, and inferior work quality Growth and Regulatory Paperwork Re- ∑ Mr. BRYAN. Mr. President, today I have dogged the agency. The legisla- duction Act of 1995. This bill opens the am introducing legislation with Sen- tion I am introducing today will take door for a meaningful deliberation on ator SHELBY, Senator MACK, and Sen- the necessary remedial steps. It would the regulatory burdens choking our ator D’AMATO to reduce the paperwork Nation. As cochairman of the Senate institute independent oversight of the burden for our Nation’s financial serv- Regulatory Relief Task Force with agency and bolster the GAO’s internal ices companies. I believe we can quality control procedures. Senator HUTCHISON, we have examined streamline paperwork burdens and at our Nation’s regulatory framework and Mr. President, the legislation seeks the same time improve the usefulness identified those rules which impede to create an independent office of the of disclosures to consumers. Anyone economic growth without providing inspector general within the GAO. who has recently gone through financ- offsetting social benefits. With a budget of over $400 million and ing or refinancing a mortgage knows In particular, regulation is choking over 4,000 employees, the GAO should that too much paperwork can over- our Nation’s banks. This legislation have an independent officer to monitor whelm consumers and defeat the pur- seeks to end the cycle of mounting reg- its activities and improve the effi- pose of these consumer disclosures. ulation in that industry. I applaud the ciency and effectiveness of its pro- I applaud the Clinton administra- bill’s efforts to eliminate burdensome grams. tion’s efforts at regulatory relief and rules and to streamline reporting and This proposal also seeks to institute believe this bill will complement their compliance procedures. My colleagues efforts. For instance, the administra- a number of changes in GAO’s oper- Senators SHELBY and MACK have pro- ating procedures to enhance fairness, tion is expected to shortly release their vided a great starting point for the de- revision of the Community Reinvest- professionalism, and nonpartisanship. bate on banking regulation reform. I First, the bill would require the Comp- ment Act [CRA], that should address will continue to work with them in re- many of the concerns we have over the troller General to notify the ranking fining this legislation so that it up- member of a committee when the GAO application of the act. Once we have holds the safety and soundness of the the opportunity to review the proposed is received from the chairman of a banking system while satisfying the in- committee. It would also require noti- revision, I expect we will make changes vestment needs of our communities. fication in the CONGRESSIONAL RECORD to the CRA provisions in this legisla- Mr. President, the cost of regulatory when the GAO approves any work re- tion. compliance is astounding. The Federal We all support the goals of CRA but Financial Institutions Examination quest. These measures will improve feel its implementation can be im- Council estimates that the industry’s communication between GAO and Con- proved. I have heard from smalltown annual compliance costs exceed $17.5 gress in a nonpartisan manner and ad- Nevada bankers who have to take per- billion. This burden is the result of dec- dress the concern that the GAO can be sonnel away from providing loans in ades of largely unintegrated legislative used for partisan sneak attacks. order to meet paperwork requirements. and regulatory initiatives. Second, the bill would codify a GAO I believe there are better ways to Since 1968 our Nation’s banks have policy that gives equal status to re- achieve the goals of CRA that don’t en- faced a major new law almost every 11 quests from committee chairman and

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4930 CONGRESSIONAL RECORD — SENATE March 30, 1995 ranking members. As an objective in- Clearly, the GAO can only be as ef- tificate of documentation with appro- vestigator and fact finder, the GAO fective as its reputation for objec- priate endorsement for employment in should be statutorily required to treat tivity, fairness, and accuracy. I believe the coastwide trade for the vessel Sun- these requests equally. Third, the bill this legislation will help improve the rise; to the Committee on Commerce, would also require the GAO to provide reality and perception of all of these Science, and Transportation. affected agencies with an opportunity key factors. The enactment of this leg- JONES ACT WAIVER FOR ‘‘SUNRISE’’ to comment on GAO’s findings and to islation would be good for the GAO, the ∑ include relevant comments in its inves- Congress, and the people we have been Mr. KERRY. Mr. President, I am tigative reports. elected to serve. pleased to join my colleague, the dis- Only two-thirds of GAO’s reports in- It is time for checks and balances at tinguished senior Senator from Massa- clude such written input, and Members the GAO. The creation of an inde- chusetts, in introducing a bill to allow can ask the GAO to forgo contacting pendent inspector general and im- the vessel Sunrise to be employed in the agency. This practice is unfair and proved quality control procedures at coastwise trade of the United States. unwarranted. the GAO will ensure that the Congress This boat has a relatively small pas- Fourth, the bill would require the and the American people have a watch- senger capacity, carrying up to 12 pas- GAO to reference its sources of factual dog of the highest integrity and excel- sengers on a charter business based out information and list all organizations lence. We deserve that much and can of Boston, MA. The purpose of this bill contacted in the conduct of an inves- afford no less.∑ is to waive those sections of the Jones tigation. This will reassure the Con- Act which prohibit foreign-made ves- gress and the public that all reports By Mr. KERRY (for himself and sels from operating in coastwise trade. are researched fairly and thoroughly. Mr. KENNEDY): The waiver is necessary because, under Fifth, the bill will prohibit the re- S. 653. A bill to authorize the Sec- the law, a vessel is considered foreign lease of any report until GAO’s inter- retary of Transportation to issue a cer- made unless all major components of nal quality control procedures have tificate of documentation with appro- its hull and superstructure are fab- been complied with. The premature re- priate endorsement for employment in ricated in the United States and the lease of unconfirmed reports should not the coastwise trade for the vessel Aura; vessel is assembled entirely in the be permitted. to the Committee on Commerce, United States. This vessel was origi- In addition to these specific statu- Science, and Transportation. nally built in a foreign shipyard in tory changes, Mr. President, this legis- JONES ACT WAIVER FOR ‘‘AURA’’ 1989, but since then has been owned by lation would establish a special GAO ∑ Mr. KERRY. Mr. President, I am American citizens, repaired in Amer- peer review committee to help craft ap- pleased to join my colleague, the dis- ican shipyards, and maintained with propriate and responsible measures. tinguished senior Senator from Massa- American products. In addition, Sunrise Among the directives that this bill is a catamaran, a type of vessel which vests the panel with are: The formation chusetts, in introducing a bill to allow the vessel Aura to be employed in was not built in the United States of a formal GAO product review process prior to 1992. The owners of Sunrise which will enable agencies to appeal to coastwise trade of the United States. This boat has a relatively small pas- have invested substantially in the out- the GAO to correct factual errors, and fitting of the vessel and wish to start a reconsider certain findings; the imple- senger capacity, carrying up to 49 passengers on a charter business based out small business, a charter boat oper- mentation of guidelines to eliminate ation, seasonally taking people out of inappropriate advocacy of policy; de- of Hull, MA. The purpose of this bill is to waive those sections of the Jones Boston. At the present time they will veloping a policy that would enable not be in competition with any other congressional requesters to remain Act which prohibit foreign-made ves- similar vessels. anonymous to the actual GAO auditors sels from operating in coastwise trade. or investigators; ending duplicative or The waiver is necessary because, under After reviewing the facts in the case superfluous auditing and investigative the law, a vessel is considered foreign- of the Sunrise, I find that this waiver activities; and reporting to the Con- made unless all major components of does not compromise our national gress on the number of man hours ex- its hull and superstructure are fab- readiness in times of national emer- pended and the cost incurred by re- ricated in the United States and the gency, which is the fundamental pur- spondents to GAO audits. vessel is assembled entirely in the pose of the Jones Act requirement. Finally, Mr. President, the bill calls United States. This vessel was origi- While I generally support the provi- on the Comptroller General to imple- nally built in a foreign shipyard in sions of the Jones Act, I believe the ment the recommendations of the peer 1957, but since then has been owned and specific facts in this case warrant a review committee to the greatest ex- operated by American citizens. The waiver to permit the Sunrise to engage tent practicable. The Comptroller Gen- owners of Aura have invested substan- in coastwise trade. I hope and trust the eral will be required to notify the con- tially more than the cost of building Senate will agree and will speedily ap- gressional leadership in writing regard- the boat in making repairs to it and prove the bills being introduced ing any peer review panel recommenda- maintaining it—in American shipyards today.∑ tions he rejects. with American products. They wish to Let me say that I believe the GAO start a small business, a charter boat By Mr. KERRY (for himself and does an excellent job in many areas, operation, seasonally taking people out Mr. KENNEDY): and that most GAO employees are well of Hull. S. 655. A bill to authorize the Sec- trained, highly motivated, and honor- After reviewing the facts in the case retary of Transportation to issue a cer- able public servants. The Comptroller of the Aura, I find that this waiver does tificate of documentation with appro- General should be congratulated on his not compromise our national readiness priate endorsement for employment in many successes and his continued com- in times of national emergency, which the coastwise trade for the vessel mitment to correct problems—real and is the fundamental purpose of the Marantha; to the Committee on Com- perceived—at the GAO. Jones Act requirement. While I gen- merce, Science, and Transportation. Nevertheless, the GAO has been the erally support the provisions of the JONES ACT WAIVER FOR ‘‘MARANTHA’’ subject of disturbing criticism in re- Jones Act, I believe the specific facts cent years. Most disturbing is the per- in this case warrant a waiver to permit ∑ Mr. KERRY. Mr. President, I am ception that the GAO has become arbi- the Aura to engage in coastwise trade. pleased to join my colleague, the dis- trary and ineffective, and suffers from I hope and trust the Senate will agree tinguished senior Senator from Massa- insufficient oversight of its own. The and will speedily approve the bills chusetts, in introducing a bill to allow GAO cannot afford to have its credi- being introduced today.∑ the vessel Marantha to be employed in bility eroded by continuing questions coastwise trade of the United States. about whether the GAO is subservient By Mr. KERRY (for himself and This boat has a relatively small pas- to major requesters, or that there has Mr. KENNEDY): senger capacity, carrying up to 20 pas- been a decline in knowledge of Federal S. 654. A bill to authorize the Sec- sengers on a charter business based out programs. retary of Transportation to issue a cer- of Boston. The purpose of this bill is to

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4931 waive those sections of the Jones Act readiness in times of national emer- [Mrs. BOXER] was added as a cosponsor which prohibit foreign-made vessels gency, which is the fundamental pur- of S. 413, a bill to amend the Fair from operating in coastwise trade. The pose of the Jones Act requirement. Labor Standards Act of 1938 to increase waiver is necessary because, under the While I generally support the provi- the minimum wage rate under such law, a vessel is considered foreign made sions of the Jones Act, I believe the act, and for other purposes. unless all major components of its hull specific facts in this case warrant a S. 426 and superstructure are fabricated in waiver to permit the Quietly to engage At the request of Mr. SARBANES, the the United States and the vessel is as- in coastwise trade. I hope and trust the name of the Senator from California sembled entirely in the United States. Senate will agree and will speedily ap- [Mrs. BOXER] was added as a cosponsor This vessel was originally built in a prove the bill being introduced today.∑ of S. 426, a bill to authorize the Alpha Phi Alpha Fraternity to establish a foreign shipyard in 1977, but since then f has been owned and operated by Amer- memorial to Martin Luther King, Jr., ican citizens. The owners of the vessel ADDITIONAL COSPONSORS in the District of Columbia, and for have invested substantially more than S. 112 other purposes. S. 476 the cost of building the boat in making At the request of Mr. DASCHLE, the repairs and maintaining the vessel in name of the Senator from Montana At the request of Mr. CAMPBELL, the names of the Senator from Wyoming American shipyards with American [Mr. BAUCUS] was added as a cosponsor products. The owners wish to start a of S. 112, a bill to amend the Internal [Mr. SIMPSON] and the Senator from small business, a charter boat and Revenue Code of 1986 with respect to Wyoming [Mr. THOMAS] were added as charter fishing operation, seasonally the treatment of certain amounts re- cosponsors of S. 476, a bill to amend taking people out of Boston. ceived by a cooperative telephone com- title 23, United States Code, to eliminate the national maximum speed After reviewing the facts in the case pany. of the Marantha, I find that this waiver limit, and for other purposes. S. 131 does not compromise our national S. 495 At the request of Mr. LIEBERMAN, the readiness in times of national emer- At the request of Mrs. KASSEBAUM, names of the Senator from South Caro- gency, which is the fundamental pur- the name of the Senator from Wyoming lina [Mr. HOLLINGS] and the Senator pose of the Jones Act requirement. [Mr. SIMPSON] was added as a cosponsor from New Jersey [Mr. BRADLEY] were While I generally support the provi- of S. 495, a bill to amend the Higher added as cosponsors of S. 131, a bill to sions of the Jones Act, I believe the Education Act of 1965 to stabilize the specifically exclude certain programs specific facts in this case warrant a student loan programs, improve con- from provisions of the Electronic waiver to permit the Marantha to en- gressional oversight, and for other pur- Funds Transfer Act. gage in coastwise trade. I hope and poses. trust the Senate will agree and will S. 230 S. 508 speedily approve the bill being intro- At the request of Mr. SIMON, the At the request of Mr. MURKOWSKI, the duced today.∑ name of the Senator from Wisconsin name of the Senator from Indiana [Mr. [Mr. FEINGOLD] was added as a cospon- LUGAR] was added as a cosponsor of S. By Mr. KERRY (for himself and sor of S. 230, a bill to prohibit U.S. as- 508, a bill to amend the Internal Rev- Mr. KENNEDY): sistance to countries that prohibit or enue Code of 1986 to modify certain S. 656. A bill to authorize the Sec- restrict the transport or delivery of provisions relating to the treatment of retary of Transportation to issue a cer- U.S. humanitarian assistance. forestry activities. tificate of documentation with appro- S. 234 S. 523 priate endorsement for employment in At the request of Mr. CAMPBELL, the At the request of Mr. BENNETT, the the coastwise trade for the vessel name of the Senator from Wyoming names of the Senator from New Mexico Quietly; to the Committee on Com- [Mr. SIMPSON] was added as a cosponsor [Mr. DOMENICI], the Senator from Wyo- merce, Science, and Transportation. of S. 234, a bill to amend title 23, ming [Mr. SIMPSON], and the Senator JONES ACT WAIVER FOR ‘‘QUIETLY’’ United States Code, to exempt a State from Wyoming [Mr. THOMAS] were ∑ Mr. KERRY. Mr. President, I am from certain penalties for failing to added as cosponsors of S. 523, a bill to pleased to join my colleague, the dis- meet requirements relating to motor- amend the Colorado River Basin Salin- tinguished senior Senator from Massa- cycle helmet laws if the State has in ity Control Act to authorize additional chusetts, in introducing a bill to allow effect a Motorcycle Safety Program, measures to carry out the control of the vessel Quietly to be employed in and to delay the effective date of cer- salinity upstream of Imperial Dam in a coastwise trade of the United States. tain penalties for States that fail to cost-effective manner, and for other This boat has a small passenger capac- meet certain requirements for motor- purposes. ity, carrying up to eight passengers on cycle safety laws, and for other pur- S. 613 a charter business. The purpose of this poses. At the request of Mr. ROCKEFELLER, bill is to waive those sections of the S. 303 the name of the Senator from Alaska Jones Act which prohibit foreign-made [Mr. MURKOWSKI] was withdrawn as a At the request of Mr. LIEBERMAN, the vessels from operating in coastwise cosponsor of S. 613, a bill to authorize name of the Senator from Mississippi trade. The waiver is necessary because, the Secretary of Veterans Affairs to [Mr. LOTT] was added as a cosponsor of under the law, a vessel is considered conduct pilot programs in order to S. 303, a bill to establish rules gov- foreign made unless all major compo- evaluate the feasibility of participa- erning product liability actions against nents of its hull and superstructure are tion of the Department of Veterans Af- raw materials and bulk component sup- fabricated in the United States and the fairs health care system in the health pliers to medical device manufacturers, vessel is assembled entirely in the care systems of States that have en- and for other purposes. United States. This vessel was origi- acted health care reform. S. 356 nally built in a foreign shipyard in S. 629 1983, but since then has been owned and At the request of Mr. SHELBY, the At the request of Mr. THOMAS, the operated by American citizens. The names of the Senator from South Da- names of the Senator from Idaho [Mr. owner of the vessel has invested sub- kota [Mr. PRESSLER] and the Senator CRAIG] and the Senator from Montana stantially in repairing and maintaining from South Carolina [Mr. THURMOND] [Mr. BURNS] were added as cosponsors it—in American shipyards with Amer- were added as cosponsors of S. 356, a of S. 629, a bill to provide that no ac- ican products. The owner wishes to bill to amend title 4, United States tion be taken under the National Envi- start a small business, a charter boat Code, to declare English as the official ronmental Policy Act of 1969 for a re- operation, seasonally taking people out language of the Government of the newal of a permit for grazing on Na- for cruises. United States. tional Forest System lands. After reviewing the facts in the case S. 413 S. 641 of the Quietly, I find that this waiver At the request of Mr. DASCHLE, the At the request of Mr. KENNEDY, the does not compromise our national name of the Senator from California names of the Senator from Minnesota

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4932 CONGRESSIONAL RECORD — SENATE March 30, 1995 [Mr. WELLSTONE], the Senator from (4) calls upon the claimants to scru- said to have visited the islands seven California [Mrs. BOXER], the Senator pulously observe the January, 1995 status times between the years 1405 and 1433. from California [Mrs. FEINSTEIN], the quo ante pending any negotiations or resolu- While there is some evidence of inter- tion of the conflicts between such claimants Senator from Ohio [Mr. GLENN], the mittent visitation of some of the over such claims. Senator from Hawaii [Mr. INOUYE], the Spratlys and surrounding waters by Senator from Maryland [Mr. SAR- Mr. THOMAS. Mr. President, as the Chinese fishermen, records are sparse, BANES], and the Senator from Nevada chairman of the Senate Subcommittee incomplete, conflicting, and in the [Mr. BRYAN] were added as cosponsors on East Asian and Pacific Affairs, I opinion of many scholars do not nec- of S. 641, a bill to reauthorize the Ryan would like to take this opportunity to essarily demonstrate a pattern of rou- White CARE Act of 1990, and for other call my colleagues’ attention to an tine occupation, administration, or as- purposes. issue that, while somewhat obscure, sertion of sovereign control sufficient has the potential to escalate into a SENATE CONCURRENT RESOLUTION 3 to establish on airtight claim. For ex- dangerous regional conflict with seri- At the request of Mr. SIMON, the ample, an official report by the Chinese ous repercussions for the United names of the Senator from Kansas [Mr. Government issued in 1928 set forth States: competing jurisdictional claims DOLE] and the Senator from Nevada that country’s southernmost delinea- to the Spratly Islands. [Mr. BRYAN] were added as cosponsors tion of its territory as the Parcel Is- The Spratlys comprise 21 islands and of Senate Concurrent Resolution 3, a lands and makes no mention of the atolls, 50 submerged land spits, and 28 concurrent resolution relative to Tai- Spratlys. partly submerged rock groups and wan and the United Nations. Vietnam’s claim is based on histor- reefs. Totaling less than 5 square kilo- ical arguments premised on events AMENDMENT NO. 425 meters in area, these islets are spread from before, during, and after occupa- At the request of Mr. MCCAIN his out over 340,000 square miles in the tion by its former colonial overlord, name was added as a cosponsor of southern third of the South China Sea, France. Recent Vietnamese pronounce- amendment No. 425 proposed to H.R. one of the world’s largest marginal ments claim that its involvement with 1158, a bill making emergency supple- seas. The largest island, Itu Aba, is the Spratlys can be traced back to mental appropriations for additional only four-tenths of a square mile in 1650–53, although I have not yet seen a disaster assistance and making rescis- area; Spratly Island, after which the credible substantiation of that asser- sions for the fiscal year ending Sep- group is named, measures only 0.15 tion. A further contact is claimed dur- tember 30, 1995, and for other purposes. square miles. Portions of the area are ing the reign of Emperor Gialong in f claimed by most of the sea’s littoral 1816, and an inaccurate Vietnamese SENATE RESOLUTION 97—REL- states; the People’s Republic of China, map dated 1838 identifies the Spratlys ATIVE TO THE SOUTH CHINA Malaysia, the Philippines, Taiwan, under the name Van Ly Truong Sa as a SEA Vietnam, and Brunei. All, with the ex- part of Vietnamese territory. Interest ception of Brunei, maintain a military Mr. THOMAS (for himself and Mr. in the islands appears to have lapsed presence on the islands. over the early- and mid-French occupa- ROBB) submitted the following resolu- Their interest is based on more than tion period, although the French Gov- tion; which was referred to the Com- mere fishing rights or territorial ag- mittee on Foreign Relations: ernment sent a naval expedition to the grandizement. It is thought—although islands in 1933 and laid claim to seven S. RES. 97 not yet known conclusively—that the groups of islets. Whereas the South China Sea is a strategi- islands overlie vast reserves of oil and These conflicting Chinese and Viet- cally important waterway through which natural gas. The South China Sea in namese claims have in the not-distant transits approximately 25 percent of the general is one of the most productive World’s ocean freight, including almost 70 past resulted in verbal, and sometimes percent of Japan’s oil supply; offshore petroleum areas in the world; military, clashes. In 1974, for example, Whereas the South China Sea serves as a since 1950, 29 oil fields and 4 gas fields the PRC occupied the South Viet- crucial sea lane for naval vessels of the have been developed there. This makes namese-claimed Parcel Islands—the United States and other countries, especially possession of the Spratlys quite attrac- Xisha Qundao—about 350 miles north of in times of emergency; tive to the area’s developing econo- the Spratlys. The Vietnamese forces Whereas the People’s Republic of China, mies. lost and withdrew from the islands. A the Republic of the Philippines, the Socialist What many view as China’s increas- few days later, though, 120 South Viet- Republic of Vietnam, the Republic of China ingly hegemonistic interest in the area on Taiwan, the State of Brunei Darussalam, namese soldiers landed on one of the and Malaysia have overlapping and mutually seems to be the principal cause of ten- Spratlys; the PRC responded with a exclusive claims to portions of the South sion among the claimants. As we all protest and a warning against any such China Sea, especially in the Spratly Island well know, China is clearly the emerg- future action. In March 1988, the PLA– group; ing power in Asia. As the PRC has ini- N sank three Vietnamese naval trans- Whereas these competing claims have led tiated limited free-market reforms and ports in the Spratlys, killing 72 Viet- to armed conflicts between several of the its economy expands, it has been able namese soldiers. claimants; to devote more resources away from Beginning in the late 1970’s, a grow- Whereas these conflicts threaten the peace purely domestic concerns and to assert ing economic dimension began to ap- and stability of all of East Asia; and Whereas the 1992 Manila Declaration of the itself—flex its muscle—more often in pear in the Sino-Vietnamese dynamic. Association of South East Asian Nations, regional affairs. The PRC’s growing When the PRC began open-door eco- also recognized by the Socialist Republic of visibility is unnerving to many of its nomic reforms in 1978, the development Vietnam and the People’s Republic of China, neighbors. This is due in large measure of an offshore petroleum industry was calls on the claimants to exercise restraint to the fact that because the PRC’s at the forefront. The PRC opened its and seek a peaceful negotiated solution to greater presence is increasingly exhib- continental shelf from the Bohai to the conflicts: Now, therefore, be it ited in a buildup of its military forces, Beibu Gulfs in 1979, and announced a Resolved, That the Senate— it has increased the opportunity for (1) urges the executive branch to reiterate series of Sino-foreign seismic survey to the claimants in the South China Sea that armed conflicts with those neighbors. agreements. Vietnam, in response, pro- the United States does not take a position The PRC—and consequently the Re- tested the surveys as brazen violations on any individual claim; public of China on Taiwan—and Viet- ‘‘of the territorial integrity of Vietnam (2) calls upon all of the claimants to re- nam both assert the oldest claims to and its sovereignty over its natural re- frain from using military force to assert or the area. The PRC contends that it has sources.’’ expand territorial claims in the South China a long history of presence in the area, This verbal sparring over the com- Sea; including: a purported naval discovery peting claims continued until the early (3) urges the executive branch to declare in the Western Han Dynasty around 1990’s, when the two countries began to the active support of the United States for the 1992 Manila Declaration of the Associa- the year 111 B.C., a 1292 Yuan Dynasty swipe at each other using oil conces- tion of South East Asian Nations, and calls visitation by the Java-bound fleet of sions as their weapon. On May 8, 1992, upon all the claimants to observe faithfully Kublai Khan, and a Ming Dynasty sur- the PRC’s China National Offshore Oil its provisions; and vey of the islands by Cheng He, who is Co. granted an oil concession to

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4933 Crestone Energy Co., a small American telligence reports indicate that the its informal South China Sea work- firm, for a 25,155 km2 area near the PRC has placed perimeter markers on shops into an official negotiating Vanguard Bank (the Wanan Tan) which both. Similarly, China has laid claim forum under the auspices of either the crossed over into Vietnamese-claimed to the appropriately named Mischief ASEAN regional forum or the U.N. Se- areas. Consequently, Vietnam granted (Panganiban) Reef. It was recently re- curity Council. Talks would be based a concession to Mobil Corp. which en- vealed that the PRC has built a series on accepting the Chinese position of croached on Chinese claims, and in of structures on the reef. The reef sub- deferring claims to sovereignty and September 1992, Petrovietnam signed a merges at high tide, and the four con- jointly developing any available re- contract with Nopec, a Norwegian com- crete buildings are build on pilings. I sources. pany, to do seismic surveys. These have seen pictures of them supplied by The response of the United States to competing claims threatened to pre- the Philippine Government. this entire issue has been, in my view, cipitate another armed conflict last The problem with this Chinese move less than adequate. The strongest year when Vietnam began drilling in a is that the reef lies well within the statements that I have seen from the concession that China had previously Philippines’ 200-mile exclusive eco- administration so far are a lukewarm granted to a United States company. nomic zone; it is only 135 nautical statement on February 14 of this year Chinese ships blocked the drilling rig, miles from Palawan, one of the Phil- from a State Department spokes- but the matter was defused short of a ippines’ principal islands. By contrast, woman, and a series of statements by martial clash and has become an ongo- it is more than 620 miles from the Chi- Adm. Richard Macke, head of the U.S. ing topic of negotiation between the nese coast. In addition, the PRC has Pacific Command. Most recently the two. dispatched several naval vessels to the admiral stated, ‘‘It is well known that The PRC did not help calm matters immediate area of the reef—two we do not support any territorial when, in February 1992, the National Yukan-class supply vessels and a claims with regard to [the] Spratlys. People’s Congress passed legislation— Dazhi-class submarine-support ship. We certainly encourage dialogue be- the Law of the People’s Republic of The presence of the latter begs the tween the nations involved to solve the China on the Territorial Sea and the question as to whether there are not differences that exist over the Contiguous Zone—laying sole claim to also Chinese submarines operating Spratlys. Again, we support no indi- the entire South China Sea and men- nearby. The PRC claims that the out- vidual claim * * *.’’ tioning the Spratlys by name in article post in only meant to serve as a shelter I generally agree with Admiral 2. The move to turn the South China for Chinese fishermen. However, the Macke. As long as the claimants do Sea into a Chinese lake is especially addition of several parabolic antennae nothing to interfere with the rights of worrisome to many countries—even to the structures, the presence of the the world community to free passage those outside the region. The reason: navy ships, and the PRC’s dem- through the South China Sea, it is my the islands sit astride shipping lanes onstrated keen interest in the islands, position that the United States should through which passes approximately 25 seem to militate against the veracity not presently take sides among the percent of the worlds trade goods, in- of such a statement. Moreover, in a claimants. Rather, we should support cluding almost 70 percent of Japan’s oil move tinged with jurisdictional over- the Manila Declaration and a rational, supplies. tones, the Chinese arrested several Fil- negotiated settlement to the problem. The Sino-Vietnamese imbroglios are ipino fishermen in the vicinity of the In addition, while we should make not the only point of bilateral friction reef and held them for several days. in the Spratlys; the most recent flare- The Government of the Philippines clear to the claimants that we are will- ups involved the Philippines. The Fili- has indicated that as a result of the ing to make ourselves available to pino claim is based on geographic con- PRC’s actions, it has felt pressured them to facilitate the provisions of the tiguity, historical rights, and an asser- into increasing its military presence in declaration, we should avoid unneces- tion that the other countries involved the islands. Just this last weekend, in sary intrusion into what is a regional in the area have previously abandoned apparent retaliation for the Chinese ar- affair best settled by the parties in- their rights to the islands. In 1947, a rests, the Philippine navy seized four volved. In addition, pending any talks Filipino businessman named Tomas Chinese fishing vessels in the region of or resolution of the conflict, I believe Cloma discovered a group of unoccu- Alicia Annie which is in the Filipino we need to make clear to the parties pied islands in the Spratly chain which Claim area. that any move seeking to disturb the he named Kalayaan. The Philippines’ Similarly, the Vietnamese are represent status quo is unacceptable. It Government remained somewhat non- ported by Japan’s Kyodo News Agency makes no sense to try to get the par- committal about the claim; in 1955, the to have increased their military pres- ties to sit down and negotiate an end government set baselines around the ence in the area by 50 percent as a to the problem if, at the same time, Philippine archipelago and made no counter to the Chinese buildup. Clear- they continue their jockeying for mili- mention of Kalayaan. However, when ly, the growing militarization of the tary and territorial advantage. in 1971 an ROK artillery battery on Itu region can only increase the prob- Although I find myself generally in Aba fired on a Filipino fishing boat, in ability that another skirmish will agreement with the U.S. position, I am its official protest the Philippines stat- break out. not sure that the administration has ed that it had legal title to the island The region’s countries have not sat been as forceful and unequivocal as it group as a result of Cloma’s occupation idly by while this problem has esca- should be in getting our viewpoint and because the islands were within lated. In July 1992, the members of across to the claimants. While I under- the archipelagic territory of the Phil- ASEAN, the Association of Southeast stand from certain sources that our po- ippines. In 1974, Cloma transferred Asian Nation’s issued what has been sition is being made clear to each of Kalayaan to his Government, and in called the Manila Declaration on the the claimant states through our re- 1978 President Marcos officially de- south China Sea. The document—also spective embassies, I would like to see clared the islands to be part of the acknowledged by Vietnam and the a more public vociferous pronounce- Philippines. Also in that year, the PRC—called on the parties to the dis- ment of our stand. Mr. President, I Philippines’ claims became more pute to exercise restraint and settle have seen some indications from the choate when it discovered oil and gas the issue without resort to military State Department that it is presently resources beneath the seabed. force. ASEAN’s nonclaimants—Singa- considering following this course. I ap- Since then, Sino-Filipino competi- pore, Indonesia, and Thailand—were plaud that move. tion for the islands has increased. Re- urged to appoint an ‘‘eminent persons In the interim, however, I rise cently, China asserted claims to Jack- group’’ to build support for a complete today—on behalf of myself and the dis- son Atoll and Half Moon Reef—which freeze on economic and military activ- tinguished ranking minority member are claimed by the Philippines—con- ity in disputed areas. The declaration of the subcommittee, Senator ROBB—to tending that ‘‘they are part of China’s also called on the United States to ac- submit Senate Resolution 97, express- Nanasha [Spratly] Islands and have al- tively back the initiative, and to sup- ing the sense of the Senate with re- ways have been Chinese territory.’’ In- port Indonesia’s efforts to transform spect to peace and stability in the

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4934 CONGRESSIONAL RECORD — SENATE March 30, 1995 South China Sea. This resolution reaf- HATFIELD to the bill H.R. 1158, supra; as (B) perform the appropriate revegetation firms the Senate’s support of the view follows: and tree planting operations in the area in that the United States takes no sides On page 69, strike lines 7 through 10 and in- which the salvage occurred. in the dispute. Moreover, it calls for a sert the following: (2) SALE DOCUMENTATION.— cessation of hostilities in the region, as ‘‘(A) expeditiously prepare, offer, and (A) PREPARATION OF DOCUMENTS.—In pre- well as a strict adherence to the provi- award salvage timber sale contracts on Fed- paring a salvage timber sale under paragraph (1), Federal agencies that have a role in the sions of the Manila declaration. Fi- eral lands, except in— planning, analysis, or evaluation of the sale nally, it calls on the claimants to ob- ‘‘(i) any area on Federal lands included in the National Wilderness Preservation Sys- shall fulfill their respective duties expedi- serve the January 1995 status quo ante tem; tiously and, to the extent practicable, simul- pending any negotiations or resolution ‘‘(ii) any roadless area on Federal lands taneously. of the dispute. Mr. President, I hope designated by Congress for wilderness study (B) PROCEDURES TO EXPEDITE SALVAGE TIM- that this resolution will prod the ad- in Colorado or Montana; BER SALES.— ministration into action, and will ‘‘(iii) any roadless area on Federal lands (i) IN GENERAL.—When it appears to a man- make the views of the Senate clear to recommended by the Forest Service or Bu- aging agency that consultation may be re- the claimant nations. I look forward to reau of Land Management for wilderness des- quired under section 7(a)(2) of the Endan- its swift adoption. ignation in its most recent land management gered Species Act (16 U.S.C. 1536(a)(2))— plan in effect as of the date of enactment of (I) the managing agency shall solicit com- f this Act; or ments from the consulting agency within 7 ‘‘(iv) any area on Federal lands on which AMENDMENTS SUBMITTED days of the date of the decision of the man- timber harvesting for any purpose is prohib- aging agency to proceed with the required ited by statute; and’’. environmental documents necessary to offer EMERGENCY SUPPLEMENTAL to sell the salvage timber sale; and APPROPRIATIONS ACT OF 1995 MURRAY (AND LEAHY) (II) within 30 days after receipt of the so- AMENDMENT NO. 429 licitation, the consulting agency shall re- Mrs. MURRAY (for herself and Mr. spond to the managing agency’s solicitation BINGAMAN (AND OTHERS) LEAHY) proposed an amendment to concerning whether consultation will be re- AMENDMENT NO. 426 amendment No. 420 proposed by Mr. quired and notify the managing agency of the determination . Mr. BINGAMAN (for himself, Mr. HATFIELD to the bill H.R. 1158, supra; as (ii) CONSULTATION DOCUMENT.—In no event DASCHLE, and Mr. SIMON) proposed an follows: amendment to amendment No. 420 pro- shall a consulting agency issue a final writ- On page 68, strike line 9 and all that fol- ten consultation document with respect to a posed by Mr. HATFIELD to the bill (H.R. lows through page 79, line 5, and insert the 1158) making emergency supplemental salvage sale later than 30 days after the following: managing agency issues the final environ- appropriations for additional disaster (a) DEFINITION.—In this section: mental document required under the Na- assistance and making rescissions for (1) CONSULTING AGENCY.—The term ‘‘con- tional Environmental Policy Act of 1973 (16 sulting agency’’ means the agency with the fiscal year ending September 30, U.S.C. 1531 et seq.). 1995, and for other purposes; as follows: which a managing agency is required to consult with respect to a proposed salvage tim- (iii) DELAY.—A consulting agency may not On page 14, line 19, strike ‘‘$100,000,000’’ and ber sale if consultation is required under the delay a salvage timber sale solely because insert ‘‘$113,000,000’’. Endangered Species Act of 1973 (16 U.S.C. the consulting agency believes it has inad- On page 31, line 9, strike ‘‘$26,988,000’’ and equate information, unless— insert ‘‘$13,988,000’’. 1531 et seq.). (2) MANAGING AGENCY.—The term ‘‘man- (aa) the consulting agency has been ac- aging agency’’ means a Federal agency that tively involved in preparation of the re- D’AMATO (AND OTHERS) offers a salvage timber sale. quired environmental documents and has re- AMENDMENTS NO. 427 (3) SALVAGE TIMBER SALE.—The term ‘‘sal- quested in writing reasonably available addi- Mr. D’AMATO (for himself, Mr. vage timber sale’’ means a timber sale— tional information from the managing agen- DOMENICI, Mr. STEVENS, Mr. HELMS, (A) in which each unit is composed of for- cy that the consulting agency considers nec- est stands in which more than 50 percent of Mr. BROWN, Mr. SHELBY, Mr. FAIR- essary under part 402 of title 50, Code of Fed- the trees have suffered severe insect infesta- CLOTH, Mr. MURKOWSKI, Mr. GRAMS, Mr. eral Regulations, to complete a biological tion or have been significantly burned by assessment; and PRESSLER, Mr. INHOFE, Mr. CRAIG, Mr. forest fire; and (bb) the managing agency has not complied BURNS, and Mr. NICKLES) proposed an (B) for which agency biologists and other with the request. amendment to amendment No. 420 pro- agency forest scientists conclude that forest (3) STREAMLINING OF ADMINISTRATIVE AP- ATFIELD health may be improved by salvage oper- posed by Mr. H to the bill H.R. PEALS.—Administrative review of a decision ations. 1158, supra; as follows: of a managing agency under this subsection (b) SALVAGE TIMBER SALES.— At the appropriate place, insert the fol- shall be conducted in accordance with sec- (1) DIRECTION TO COMPLETE SALVAGE TIMBER lowing new section: tion 322 of the Department of the Interior SALES.—The Secretary of Agriculture, acting SEC. . CONGRESSIONAL APPROVAL OF CERTAIN and Related Agencies Appropriations Act, FOREIGN ASSISTANCE. through the Chief of the Forest Service, and the Secretary of the Interior, acting through 1993 (106 Stat. 1419), except that— (a) IN GENERAL.—Section 5302(b) of title 31, (A) an appeal shall be filed within 30 days United States Code, is amended by adding at the Director of the Bureau of Land Manage- after the date of issuance of a decision by the the end the following: ‘‘Except as authorized ment, shall— managing agency; and by an Act of Congress, the Secretary may (A) expeditiously prepare, offer, and award not take any action under this subsection salvage timber sale contracts on Forest (B) the managing agency shall issue a final with respect to a single foreign government Service lands and Bureau of Land Manage- decision within 30 days and may not extend (including agencies or other entities of that ment lands that are located outside— the closing date for a final decision by any government) or with respect to the currency (i) any unit of the National Wilderness length of time. of a single foreign country that would result Preservation System; or (4) STREAMLINING OF JUDICIAL REVIEW.— in expenditures and obligations, including (ii) any roadless area that— (A) TIME FOR CHALLENGE.—Any challenge contingent obligations, aggregating more (I) is under consideration for inclusion in to a timber sale under subsection (a) or (b) than $5,000,000,000 with respect to that for- the National Wilderness Preservation Sys- shall be brought as a civil action in United eign country during any 12-month period, be- tem; or States district court within 30 days after the ginning on the date on which the first such (II) is administratively designated as a later of— action is or had been taken.’’. roadless area in the managing agency’s most (i) the decision to proceed with a salvage (b) EFFECTIVE DATE.—Notwithstanding any recent land management plan in effect as of timber sale is announced; or the date of enactment of this Act (not in- other provision of this Act, the amendment (ii) the date on which any administrative cluding land designated as a Federal wilder- made by subsection (a) shall apply to any ac- appeal of a salvage timber sale is decided. ness area); or tion taken under section 5302(b) of title 31, (B) EXPEDITION.—The court shall, to the (iii) any area in which such a sale would be United States Code, on or after January 1, extent practicable, expedite proceedings in a 1995. inconsistent with agency standards and guidelines applicable to areas administra- civil action under subparagraph (A), and for the purpose of doing so may shorten the BURNS AMENDMENT NO. 428 tively withdrawn for late successional and riparian reserves; or times allowed for the filing of papers and Mr. BURNS proposed an amendment (iv) any area withdrawn by Act of Congress taking of other actions that would otherwise to amendment No. 420 proposed by Mr. for any conservation purpose; and apply.

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(C) ASSIGNMENT TO SPECIAL MASTER.—The At the appropriate place, insert the fol- LOW INCOME HOME ENERGY ASSISTANCE court may assign to a special master all or lowing: (RESCISSION) part of the proceedings in a civil action SEC. . PROHIBITION ON USE OF FUNDS TO DE- Of the funds made available in the third under subparagraph (A). LINEATE NEW AGRICULTURAL WET- paragraph under this heading in Public Law (c) OPTION 9.— LANDS. 103–333, $1,319,204,000 are rescinded. (1) DIRECTION TO COMPLETE TIMBER SALES.— (A) IN GENERAL.—Except as provided in The Secretary of the Interior, acting subsection (b), during the period beginning through the Director of the Bureau of Land on the date of enactment of this Act and KERREY (AND OTHERS) Management, and the Secretary of Agri- ending on December 31, 1995, none of the AMENDMENT NO. 435 culture, acting through the Chief of the For- funds made available by this or any other Mr. KERREY (for himself, Mr. est Service, shall expeditiously prepare, Act may be used by the Secretary of Agri- offer, and award timber sale contracts on culture to delineate wetlands for the purpose COHEN, Mr. BAUCUS, and Mr. KERRY) Federal lands in the forests specified in Op- of certification under section 1222(a) of the proposed an amendment to amendment tion 9, as selected by the Secretary of the In- Food Security Act of 1985 (16 U.S.C. 3822(a)). No. 420 proposed by Mr. HATFIELD to terior and the Secretary of Agriculture on (b) EXCEPTION.—Subsection (a) shall not the bill H.R. 1158, supra; as follows: April 13, 1994. apply to land if the owner or operator of the Beginning on page 51 of the bill, line 12, (2) ESTABLISHMENT OF REBUTTABLE PRE- land requests a determination as to whether strike everything through page 54, line 6, and SUMPTION.—A rebuttable presumption exists the land is considered a wetland under sub- insert in lieu thereof, the following: that any timber sale on Federal lands entitle C of title XII of the Food Security Act GENERAL SERVICES ADMINISTRATION compassed by Option 9 that is consistent of 1985 (16 U.S.C. 3821 et seq.) or any other with Option 9 and applicable administrative provision of law. FEDERAL BUILDINGS FUND planning guidelines meets the requirements LIMITATIONS ON THE AVAILABILITY OF REVENUE of applicable environmental laws. This para- (RESCISSION) graph does not affect the applicable legal du- JEFFORDS AMENDMENT NO. 431 Of the funds made available under this ties that Federal agencies are required to (Ordered to lie on the table.) heading in Public Laws 101–136, 101–509, 102– satisfy in connection the planning and offer- Mr. JEFFORDS submitted an amend- 27, 102–141, 103–123, 102–393, 103–329, $565,580,000 ing of a salvage timber sale under this sub- are rescinded from the following projects in section. ment intended to be proposed by him the following amounts: (3) AVAILABILITY OF FUNDS.— to amendment No. 420 proposed by Mr. Arizona: (A) IN GENERAL.—The Secretary of Agri- HATFIELD to the bill, H.R. 1158, supra; as follows: Lukeville, Border Station, commercial lot culture and the Secretary of the Interior expansion, $1,219,000 shall make available 100 percent of the On page 14, line 12, strike the period and Phoenix, Federal building and U.S. Court- amount of funds that will be required to hire insert ‘‘, of which not more than $20,500,000 house, $121,890,000 or contract with such number of biologists, shall constitute a reduction in the amount San Luis, Border Station, primary lane ex- hydrologists, geologists, and other scientists available for solar and renewable energy ac- pansion and administrative office space, to permit completion of all watershed assess- tivities and at least $14,500,000 shall con- $3,496,000 ments and other analyses required for the stitute a reduction in the amount available Sierra Vista, Arizona, U.S. Magistrates of- preparation, advertisement, and award of for nuclear energy activities.’’. fice, $1,000,000 timber sale contracts prior to the end of fis- Tucson, Federal building-U.S. Courthouse, cal year 1995 in accordance with and in the $70,000,000 amounts authorized by the Record of Deci- HELMS AMENDMENTS NOS. 432–433 California: sion in support of Option 9. (Ordered to lie on the table.) Menlo Park, United States Geological Sur- (B) SOURCE.—If there are no other unobli- Mr. HELMS submitted two amend- vey, office laboratory buildings, $980,000 gated funds appropriated to the Secretary of San Francisco, California, U.S. Court of Agriculture or the Secretary of the Interior, ments intended to be proposed by him to amendment No. 420 proposed by Mr. Appeals annex, $9,003,000 respectively, for fiscal year 1995 that can be District of Columbia: available as required by subparagraph (A), HATFIELD to the bill, H.R. 1158, supra; Army Corps of Engineers, headquarters, the Secretary concerned shall make funds as follows: $25,000,000 available from amounts that are available AMENDMENT NO. 432 Central and West heating plants, $5,000,000 for the purpose of constructing forest roads General Service Administration, Southeast only from the regions to which Option 9 ap- At the end of the Committee amendment insert the following: Federal Center, headquarters, $25,000,000 plies. Southeast Federal Center, infrastructure, (d) SECTION 318.— SEC. . Notwithstanding any other provi- $58,000,000 (1) IN GENERAL.—With respect to each tim- sion of law, no funds appropriated under this U.S. Secret Service, headquarters, ber sale awarded pursuant to section 318 of Act or any other Act may be obligated for $18,910,000 Public Law 101–121 (103 Stat. 745) the per- the International Fund for Ireland until the Georgia: formance of which is, on or after July 30, President certifies and reports to Congress Atlanta, Centers for Disease Control, site 1995, precluded under the Endangered Species that the Irish Republican Army has begun a acquisition and improvement, $25,890,000 Act of 1973 (16 U.S.C. 1531 et seq.) due to re- process of disarming. Atlanta, Centers for Disease Control, quirements for the protection of the marbled $14,110,000 murrelet, the Secretary of Agriculture shall AMENDMENT NO. 433 Florida: Tampa, U.S. Courthouse, $5,994,000 provide the purchaser replacement timber, At the appropriate place in the substitute, Illinois: Chicago, Federal Center, $7,000,000 at a site or sites selected at the discretion of add: Indiana: Hammond, U.S. Courthouse, the Secretary, that is equal in volume, kind, SEC. . BILATERAL ECONOMIC ASSISTANCE. $52,272,000 and value to that provided by the timber sale FUNDS APPROPRIATED TO THE PRESIDENT Maryland: Avondale, DeLaSalle building, contract. AGENCY FOR INTERNATIONAL DEVELOPMENT $16,671,000 (2) TERMS AND CONDITIONS.—Harvest of re- Massachusetts: Boston, U.S. Courthouse, placement timber under paragraph (1) shall ASSISTANCE FOR THE NEW INDEPENDENT $4,076,000 be subject to the terms and conditions of the STATES OF THE FORMER SOVIET UNION Nebraska: Omaha, U.S. Courthouse, original contract and shall not count against (RECISSION) $5,000,000 current allowable sale quantities. Of the funds made available under this Nevada: Reno, Federal building—U.S. (e) EXPIRATION.—Subsections (b) and (c) heading in Public Law 103–87 for support of Courthouse, $1,465,000 shall expire on September 30, 1996, but the an officer settlement program in Russia as New Hampshire: Concord, Federal build- terms and conditions of those subsections described in section 560(a)(5), $30,000,000 are ing—U.S. Courthouse, $3,519,000 shall continue in effect with respect to tim- rescinded. New Mexico: Santa Teresa, Border station, ber sale contracts offered under this Act $4,004,000 until the contracts have been completely New York: Holtsville, New York, IRS Cen- performed. KYL AMENDMENT NO. 434 ter, $19,183,000 (Ordered to lie on the table.) North Dakota: Fargo, U.S. Courthouse, GRASSLEY (AND DORGAN) Mr. KYL submitted an amendment $1,371,000 AMENDMENT NO. 430 intended to be proposed by him to Ohio: Mr. GRASSLEY (for himself and Mr. amendment No. 420 proposed by Mr. Youngstown, Federal building and U.S. Courthouse, site acquisition and design, DORGAN) proposed an amendment to HATFIELD to the bill H.R. 1158, supra; as $4,574,000 amendment No. 420 proposed by Mr. follows: Steubenville, U.S. Courthouse, $2,280,000 HATFIELD to the bill, H.R. 1158, supra; On page 31, between lines 5 and 6, insert Oregon: Portland, U.S. Courthouse, as follows: the following: $5,000,000

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4936 CONGRESSIONAL RECORD — SENATE March 30, 1995 Pennsylavnia: Philadelphia, Veterans Ad- San Francisco, U.S. Courthouse, $4,378,000 Oklahoma: ministration, $1,276,000 San Francisco, U.S. Court of Appeals Oklahoma City, Murrah Federal building, Rhode Island: Providence, Kennedy Plaza annex, $9,003,000 $5,290,000 Federal Courthouse, $7,740,000 San Pedro, Customhouse, $4,887,000 Oregon: Tennessee: Greenville, U.S. Courthouse, Colorado: Portland, U.S. Courthouse, $5,000,000 $2,936,000 Denver, Federal building-Courthouse, Pennsylvania: Texas: $8,006,000 Philadelphia, Byrne-Green Federal build- Corpus Christi, U.S. Courthouse, $6,446,000 District of Columbia: ing-Courthouse, $30,628,000 Ysleta, site acquisition and construction, Central and West heating plants, $5,000,000 Philadelphia, Nix Federal building-Court- $1,727,000 Corps of Engineers, headquarters, house, $13,814,000 U.S. Virgin Islands: St. Thomas, Charlotte $37,618,000 Philadelphia, Veterans Administration, Amalie, U.S. Courthouse Annex, $2,184,000 General Services Administration, South- $1,276,000 Washington: east Federal Center, headquarters, $25,000,000 Scranton, Federal Building-U.S. Court- Seattle, U.S. Courthouse, $3,764,000 U.S. Secret Service, headquarters, house, $9,969,000 Nationwide chlorofluorocarbons program, $113,084,000 Rhode Island: $12,300,000 Florida: Providence, Kennedy Plaza Federal Court- Nationwide energy program, $15,300,000’’ Ft. Myers, U.S. Courthouse, $24,851,000 house, $7,740,000 Jacksonville, U.S. Courthouse, $10,633,000 South Carolina: Tampa, U.S. Courthouse, $14,998,000 Columbia, U.S. Courthouse annex, $592,000 BOXER (AND OTHERS) Georgia: AMENDMENT NO. 436 Tennessee: Albany, U.S. Courthouse, $12,101,000 Greeneville, U.S. Courthouse, $2,936,000 Mrs. BOXER (for herself, Mr. BINGA- Atlanta, Centers for Disease Control, site Texas: MAN, Mr. KERREY, Mr. WELLSTONE, Mr. acquisition and improvement, $25,890,000 Austin, Veterans Administration annex, Atlanta, Centers for Disease Control, DODD, and Mr. BUMPERS) proposed an $1,028,000 $14,110,000 Brownsville, U.S. Courthouse, $4,339,000 amendment to amendment No. 420 pro- Atlanta, Centers for Disease Control, Roy- Corpus Christi, U.S. Courthouse, $6,446,000 posed by Mr. HATFIELD to the bill H.R. bal Laboratory, $47,000,000 Laredo, Federal building-U.S. Courthouse, 1158, supra; as follows: Savannah, U.S. Courthouse annex, $5,986,000 $3,000,000 On page 35, beginning on line 21, strike out Lubbock, Federal building-Courthouse, Hawaii: ‘‘$15,200,000’’ and all that follows through $12,167,000 Hilo, federal facilities consolidation, ‘‘title III–B, $5,000,000, and’’, and inserting in Ysleta, site acquisition and construction, lieu thereof ‘‘$5,200,000 are rescinded as fol- $12,000,000 Illinois: $1,727,000 lows: from the Elementary and Secondary U.S. Virgin Islands: Education Act of 1965,’’. Chicago, SSA DO, $2,167,000 Chicago, Federal Center, $47,682,000 Charlotte Amalie, St. Thomas, U.S. Court- On page 68, between lines 6 and 7, insert house, $2,184,000 the following: Chicago, Dirksen building, $1,200,000 Chicago, J.C. Klucynski building, Virginia: CHAPTER XII $13,414,000 Richmond, Courthouse annex, $12,509,000 DEPARTMENT OF DEFENSE—MILITARY, Indiana: Washington: PROCUREMENT Hammond, Federal Building, U.S. Court- Blaine, Border Station, $4,472,000 Point Roberts, Border Station, $698,000 AIRCRAFT PROCUREMENT, ARMY house, $52,272,000 Jeffersonville, Federal Center, $13,522,000 Seattle, U.S. Courthouse, $10,949,000 (RESCISSION) Kentucky: Walla Walla, Corps of Engineers building, Of the funds available under this heading Covington, U.S. Courthouse, $2,914,000 $2,800,000 in title III of Public Law 103–335, $11,000,000 London, U.S. Courthouse, $1,523,000 West Virginia: are rescinded. Louisiana: Beckley, Federal building-U.S. Courthouse, Lafayette, U.S. Courthouse, $3,295,000 $33,097,000 SHELBY AMENDMENT NO. 437 Maryland: Martinsburg, IRS center, $4,494,000 Avondale, DeLaSalle building, $16,671,000 Wheeling, Federal building-U.S. Court- Mr. SHELBY proposed an amend- Bowie, bureau of Census, $27,877,000 house, $35,829,000 ment to amendment No. 435 proposed Prince Georges/Montgomery Counties, Nationwide chlorofluorocarbons program, by Mr. KERREY to amendment No. 420 FDA consolidation, $284,650,000 $12,300,000 proposed by Mr. HATFIELD to the bill Woodlawn, SSA building, $17,292,000 Nationwide energy program, $15,300,000 H.R. 1158, supra; as follows: Massachusetts: Boston, U.S. Courthouse, $4,076,000 In lieu of the language proposed to be in- Missouri: serted, insert the following: REID (AND BRYAN) AMENDMENT Cape Girardeau, U.S. courthouse, $3,688,000 Of the funds made available under this NO. 438 Kansas City, U.S. Courthouse, $100,721,000 heading in Public Laws 101–136, 101–509, 102– Nebraska: Mr. REID (for himself and Mr. 27, 102–141, 103–123, 102–393, 103–329, Omaha, Federal Building,U.S. Courthouse, BRYAN) proposed an amendment to $1,842,885,000 are rescinded from the following $9,291,000 amendment No. 420 proposed by Mr. projects in the following amounts: Nevada: Alabama: HATFIELD to the bill, H.R. 1158, supra; Las Vegas, U.S.courthouse, $4,230,000 as follows: Montgomery, U.S. Courthouse annex, Reno, Federal building—U.S.Courthouse, $46,320,000 $1,465,000 On page 14, between lines 12 and 13, insert Arkansas: New Hampshire: the following: Little Rock, Courthouse, $13,816,000 Concord, Federal building—U.S. Court- NUCLEAR WASTE DISPOSAL FUND Arizona: house, $3,519,000 (RESCISSION) Bullhead City, FAA grant, $$2,200,000 New Jersey: Lukeville, commercial lot expansion, Newark, parking facility, $9,000,000 Of the funds made available under this $1,219,000 Trenton, Clarkson Courthouse, $14,107,000 heading in Public Law 103–316, $14,700,000 are Nogales, Border Patrol, headquarters, New Mexico: rescinded. $2,998,000 Albuquerque, U.S. courthouse, $47,459,000 On page 28, strike lines 18 through 23. Phoenix, U.S. Federal Building, Court- Santa Teresa, Border Station, $4,004,000 house, $121,890,000 New York: San Luis, primary lane expansion and ad- Brooklyn, U.S. Courthouse, $43,717,000 REID AMENDMENT NO. 439 ministrative office space, $3,496,000 Holtsville, IRS Center, $19,183,000 Mr. REID proposed an amendment to Sierra Vista, U.S. Magistrates office, Long Island, U.S. Courthouse, $27,198,000 $1,000,000 North Dakota: amendment No. 420 proposed by Mr. Tucson, Federal Building, U.S. Courthouse, Fargo, Federal building-U.S. courthouse, HATFIELD to the bill, H.R. 1158, supra; $121,890,000 $20,105,000 as follows: California: Pembina, Border Station, $93,000 On page 14, between lines 12 and 13, insert Menlo Park, United State Geological Sur- Ohio: the following: vey office laboratory building, $6,868,000 Cleveland, Celebreeze Federal building, NUCLEAR WASTE DISPOSAL FUND Sacramento, Federal Building-U.S. Court- $10,972,000 house, $142,902,000 Cleveland, U.S. Courthouse, $28,248,000 (RESCISSION) San Diego, Federal building-Courthouse, Steubenville, U.S. Courthouse, $2,820,000 Of the funds made available under this $3,379,000 Youngstown, Federal Building-U.S. Court- heading in Public Law 103–316, $5,625,000 are San Francisco, Lease purchase, $9,702,000 house, $4,574,000 rescinded.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4937 On page 28, line 7, strike ‘‘, $42,071,000 are The PRESIDING OFFICER. Without this hearing is to receive testimony on rescinded’’ and insert ‘‘for programs other objection, it is so ordered. S. 506, the Mining Law Reform Act of than the rural health research program and COMMITTEE ON GOVERNMENTAL AFFAIRS 1995, and S. 504, the Mineral Explo- the rural health outreach grant program, ration and Development Act of 1995. $36,446,000 are rescinded’’. Mr. HATFIELD. Mr. President, I ask unanimous consent on behalf of the The PRESIDING OFFICER. Without objection, it is so ordered. HOLLINGS (AND BIDEN) Governmental Affairs Committee to SUBCOMMITTEE ON PERSONNEL AMENDMENT NO. 440 meet on Thursday, March 30, at 10 a.m. for a hearing on oversight of the Gen- Mr. HATFIELD. Mr. President, I ask Mr. HATFIELD (for Mr. HOLLINGS, eral Accounting Office. unanimous consent that the Sub- for himself and Mr. BIDEN) proposed an The PRESIDING OFFICER. Without committee on Personnel of the Com- amendment to amendment No. 420 pro- objection, it is so ordered. mittee on Armed Services be author- posed by Mr. HATFIELD, to the bill, COMMITTEE ON RULES AND ADMINISTRATION ized to meet at 2 p.m. on Thursday, H.R. 1158, supra; as follows: Mr. HATFIELD. Mr. President, I ask March 30, 1995, in open session, to re- On page 8 of the substitute amendment unanimous consent that the Com- ceive testimony regarding the Depart- strike line 1 through line 6 and insert in lieu mittee on Rules and Administration be ment of Defense reserve component thereof the following: authorized to meet during the session programs related to the National De- GENERAL ADMINISTRATION on Thursday, March 30, 1995, at 9:30 fense Authorization Act for fiscal year WORKING CAPITAL FUND a.m. to hold a markup on Senate Reso- 1996 and the future years defense pro- (RESCISSION) lution 24. gram. Of the unobligated balances available The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without under this heading in Public Law 103–317, objection, it is so ordered. objection, it is so ordered. $5,000,000 are rescinded. COMMITTEE ON VETERANS’ AFFAIRS SUBCOMMITTEE ON READINESS LEGAL ACTIVITIES Mr. HATFIELD. Mr. President, the Mr. HATFIELD. Mr. President, I ask ASSET FORFEITURE FUND Committee on Veterans’ Affairs would unanimous consent that the Sub- (RESCISSION) like to request unanimous consent to committee on Readiness of the Com- Of the funds made available under this hold a joint hearing with the House mittee on Armed Services be author- heading in Public Law 103–317, $5,000,000 are Committee on Veterans’ Affairs to re- ized to meet at 9 a.m. on Thursday, rescinded. ceive the legislative presentations of March 30, 1995, in open session, to re- OFFICE OF JUSTICE PROGRAMS AMVETS, American Ex-Prisoners of ceive testimony on current and future DRUG COURTS War, Vietnam Veterans of America, Army readiness in review of the de- (RESCISSION) Blinded Veterans Association, and the fense authorization request for fiscal Of the funds made available under this Military Order of the Purple Heart. year 1996 and the future years defense heading in title VIII of Public Law 103–317, The hearing will be held on March 30, program. $17,100,000 are rescinded. 1995, at 9:30 a.m., in room 345 of the The PRESIDING OFFICER. Without Cannon House Office Building. objection, it is so ordered. MURKOWSKI (AND D’AMATO) The PRESIDING OFFICER. Without SUBCOMMITTEE ON SCIENCE, TECHNOLOGY AND AMENDMENT NO. 441 objection, it is so ordered. SPACE SUBCOMMITTEE ON ACQUISITION AND Mr. MURKOWSKI (for himself and Mr. HATFIELD. Mr. President, I ask TECHNOLOGY unanimous consent that the Sub- Mr. D’AMATO) proposed an amendment Mr. HATFIELD. Mr. President, I ask to amendment No. 427 proposed by Mr. committee on Science, Technology and unanimous consent that the Sub- Space of the Senate Committee on D’AMATO to amendment No. 420 pro- committee on Acquisition and Tech- Commerce, Science and Transportation posed by Mr. HATFIELD, to the bill, nology of the Committee on Armed H.R. 1158, supra; as follows: be authorized to meet on March 30, Services be authorized to meet on 1995, at 10 a.m. on oversight of the Na- At the end of line 10 of page 2, prior to the Thursday, March 30, 1995, at 2 p.m. in tional Science Foundation and Office period insert the following: ‘‘, Provided, That as the bearer bonds closed session to receive testimony on of Science and Technology Policy. issued by the Government of Mexico are re- the Counterproliferation support pro- The PRESIDING OFFICER. Without deemed with monies provided by the Govern- gram in review of the defense author- objection, it is so ordered. ment of the United States, the Government ization request for fiscal year 1996 and SUBCOMMITTEE ON TRANSPORTATION AND of the United States first be provided with the future years defense program. INFRASTRUCTURE the names and addresses of those redeeming The PRESIDING OFFICER. Without Mr. HATFIELD. Mr. President, I ask such bonds.’’ objection, it is so ordered. unanimous consent that the Sub- f SUBCOMMITTEE ON EDUCATION, ARTS AND committee on Transportation and In- AUTHORITY FOR COMMITTEES TO HUMANITIES frastructure be granted permission to MEET Mr. HATFIELD. Mr. President, I ask conduct a hearing Thursday, March 30, unanimous consent that the Sub- at 9:30 a.m. on legislation to approve COMMITTEE ON FOREIGN RELATIONS committee on Education, Arts and Hu- the National Highway System and Mr. HATFIELD. Mr. President, I ask manities of the Committee on Labor other related transportation require- unanimous consent that the Com- and Human Resources be authorized to ments. mittee on Foreign Relations be author- meet for a hearing on oversight of di- The PRESIDING OFFICER. Without ized to meet during the session of the rect lending, during the session of the objection, it is so ordered. Senate on Thursday, March 30, 1995, at Senate on Thursday, March 30, 1995 at f 10 a.m. to hold a hearing on reorganiza- 9:30 a.m. tion and revitalization of America’s The PRESIDING OFFICER. Without ADDITIONAL STATEMENTS foreign affairs institutions. objection, it is so ordered. The PRESIDING OFFICER. Without SUBCOMMITTEE ON FORESTS AND PUBLIC LAND objection, it is so ordered. MANAGEMENT MILITARY NOMINATIONS SUBCOMMITTEE ON FOREIGN RELATIONS Mr. HATFIELD. Mr. President, I ask ∑ Mr. THURMOND. Mr. President, the Mr. HATFIELD. Mr. President, I ask unanimous consent that the Sub- Senate Armed Services Committee fa- unanimous consent that the Com- committee on Forests and Public Land vorably reported the nomination of mittee on Foreign Relations be author- Management of the Committee on En- Vice Adm. Joseph R. Prueher for pro- ized to meet during the session of the ergy and Natural Resources be granted motion to the grade of admiral and as- Senate on Thursday, March 30, 1995, at permission to meet during the session signment as Vice Chief of Naval Oper- 2 p.m. to hold a hearing on reorganiza- of the Senate on Thursday, March 30, ations. tion of U.S. foreign assistance pro- 1995, for purposes of conducting a sub- I ask that a joint statement from grams: alternatives to the Agency of committee hearing which is scheduled Senator NUNN and me concerning this International Development. to begin at 9:30 a.m. The purpose of nomination be printed in the RECORD.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4938 CONGRESSIONAL RECORD — SENATE March 30, 1995 The joint statement follows: the Senate on November 19, 1993. The mate- and often humorous column greeted all JOINT STATEMENT OF SENATOR STROM THUR- rial concerning the Committee’s previous Wisconsin sports fans with an early MOND, CHAIRMAN OF THE SENATE ARMED consideration of the Prueher nomination is morning recap of the day’s sports news. retained in the executive files of the Com- SERVICES COMMITTEE AND SENATOR SAM With his retirement, Bud Lea, a native NUNN, RANKING MINORITY MEMBER mittee. It is available for review by any Sen- ator upon request.∑ of Green Bay, has more than etched his The Committee on Armed Services has re- name into the annals of Wisconsin ported favorably the nomination of Vice Ad- f sports history, he has become part of miral Joseph R. Prueher for promotion to that history. Bud’s retirement is well the 4-star grade of Admiral, to serve as the THE SUCCESS OF FOREIGN AID Vice Chief of Naval Operations. ∑ Mr. SIMON. Mr. President, in March deserved, and I wish him, his lovely Admiral Prueher has had a distinguished and April the organization World wife Filomena and his sons, Perry and career. He is a graduate of the Naval Acad- Neighbors will be featured in ‘‘The Dean, well. Congratulations Bud Lea— emy (with distinction). As a naval aviator, Quiet Revolution—An Approach to aid dean of Milwaukee sports columnists he served in Southeast Asia aboard U.S.S. and sports writers.∑ Kitty Hawk, as a naval flight instructor at that works: This PBS series documents f the Naval Air Test Center in Patuxent River, effective foreign aid programs.’’ The Maryland, and as Executive Assistant to the series features six humanitarian aid THE DOLLAR’S DECLINE AS Secretary of the Navy. More recently, he programs where people are successfully DOUBLE-EDGED SWORD served as Commander, Carrier Group One in breaking out of poverty and taking ∑ San Diego, CA, where he was responsible for Mr. SIMON. Mr. President, we are re- charge of their own destiny. The Quiet ceiving regular reminders obliquely of training battle groups preparing to deploy to Revolution takes an emotional and the Western Pacific and the Arabian Gulf. In the need for a balanced budget amend- this capacity, he led the development of personal view of how effective aid pro- ment. Maritime Joint Forces Air Component Com- grams can transform lives. Instead of In Sunday’s Washington Post Jane mander capabilities for the Pacific theater. presenting the poor as anonymous vic- Bryant Quinn’s column ends with the Today, he serves as the Commander, U.S. tims, it shows them as they really are: words: ‘‘Big cuts in the federal deficit Sixth Fleet in the Mediterranean Sea and as intelligent and capable people wanting would improve confidence abroad. But the Commander of NATO’s Striking and Sup- to solve their own problems. It is an port Forces Southern Europe. As Com- Congress and the voters aren’t there image of poverty that has rarely been yet.’’ mander Sixth Fleet, he has directed the exe- seen and capable of touching hearts cution of the Navy and Marine Corps multi- And in a column by Stan Hinden mission role in the Adriatic Sea and former and minds. there is reference to Donald P. Gould, a Yugoslavia in United States and allied oper- The Quiet Revolution was a dream of California money manager of a mutual ations in support of the United Nations. His Jack Robertson, a man who shared a fund. awards include the Legion of Merit (three great deal in common with the people In the Hinden column, among other Gold Stars in lieu of subsequent awards), the chronicled in the films. Mr. Robertson things, he says: ‘‘Gould noted that the Distinguished Flying Cross and the Air died shortly after the films were com- global strength of the dollar has been Medal with two Gold Stars in lieu of subse- pleted and faced incredible odds slipping for 25 years—except for an up- quent awards. throughout the making of the series. From 1989 to 1991, he served as Com- ward blip in the early 1980’s.’’ mandant of Midshipman at the United States Yet he was driven by persistent opti- It is not sheer coincidence that for 26 Naval Academy. During his period as Com- mism and stubborn refusal to let any- years in a row we have been operating mandant, there was a well-publicized inci- thing stop him from sharing the series with a budget deficit. dent in which a female midshipman, Gwen with the world. Hinden also notes in his column: Dreyer, was mistreated by her male col- I would like to commend the World Since 1970, the dollar has lost more than 60 leagues. A number of the midshipmen in- Neighbors and Mr. Jack Robertson for percent of its value in relation to the Ger- volved in the incident were disciplined, their tireless efforts to make such a man mark and has dropped almost 75 percent though none were dismissed from the Acad- needed documentary.∑ in relation to the Japanese yen. In 1970, it emy. The responsibility for the investigation took 3.65 German marks to buy one U.S. dol- and action on the investigation was vested in f lar. As of last week, you could buy a dollar the Superintendent of the Academy, Vice with only 1.40 marks. Admiral Virgil Hill. Admiral Prueher, as SALUTE TO BUD LEA Commandant of Midshipmen, was in the Mr. KOHL. Mr. President, I rise today I served in Germany in the Army chain of command, under which he exercised to salute a prominent figure in Wis- after World War II, and I remember it certain responsibilities with respect to the consin sports journalism, Mr. Bud Lea. took a little more than 4 marks to buy investigation and subsequent action. a dollar. On April 28, 1992, he was nominated for pro- Much to my dismay and the dismay of his many fans, Bud recently announced The Washington Post writer also motion. The Committee began its normal re- notes: view process when matters of this nature are his decision to retire. For his entire ca- involved in a nomination. While the nomina- reer, which has lasted 42 years, Bud Gould, who is president and founder of the tion was under review, the President with- Lea has followed sports for the Mil- Franklin Templeton Global Trust—which drew a number of nominations on September waukee Sentinel. During his many used to be called the Huntington Funds—is 9, 1992, including the nomination of Admiral not optimistic about the dollar’s future. He years with the Sentinel, which by the sees little chance that the United States will Prueher. The Committee understood this was way is the longest tenure of any Sen- as a result of changes in Navy personnel re- be able to solve the fiscal and economic quirements, and to provide an opportunity tinel employee, Bud has witnessed and problems that have helped the dollar depre- for further review in the Executive Branch of written about some of the greatest mo- ciate. the Prueher nomination with respect to the ments in Wisconsin sports history. We are getting that message from issues that had been identified. From the Milwaukee Braves 1957 World people all over the world. On March 15, 1993, the President resub- Series victory to the legendary Green I cannot understand why we do not mitted the Prueher nomination for pro- Bay Packers World Championships of listen. motion to Rear Admiral. Over the next five the late 1960’s, Bud was there. From Finally, Donald Gould is quoted as months, the Committee reviewed the mate- the Milwaukee Bucks NBA Champion- rials related to the manner in which the inci- saying: dent was handled at the Naval Academy, in- ship in 1971 to Marquette University’s For the first time I am aware of, during a cluding the views of the Secretary of the NIT and NCAA championships in 1970 global flight to quality, that quality has Navy endorsing the nomination. A copy of and 1977 respectively, Bud was there. been defined as marks and yen and not dol- the Secretary’s letter is included at the end Whether it was an Olympic Gold Medal lars. of this statement. On August 6, 1993, the for Bonnie Blair or Dan Jansen, or the I hope we start paying attention to Committee considered and favorably re- University of Wisconsin, Bud’s alma this kind of information.∑ ported the nomination. The promotion to mater, winning the 1994 Rose Bowl, Bud f Rear Admiral was confirmed by the Senate was there. on August 3, 1993. Rear Admiral Prueher was The past 42 years have been good to IN MEMORY OF MATTHEW ELI subsequently nominated for promotion to PUCCIO Vice Admiral on November 5, 1993. His nomi- Bud Lea, but they have been even bet- nation was favorably reported to the Senate ter to those who have had the privilege ∑ Mr. MOYNIHAN. Mr. President, with on November 18, 1993, and was confirmed by to read his column. His straightforward much sorrow, I would like to tell the

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4939 Members of the Senate of a horrible aloud together—an activity that the VENUE CLARIFICATION ACT loss. On Sunday, February 26, 1995, Commission on Reading calls the sin- The bill (S. 532) to clarify the rules Matthew Eli Puccio, a young gen- gle most important activity for build- governing venue, and for other pur- tleman from New York City, was in- ing a child’s eventual success in read- poses, was considered, ordered to be en- volved in a terrible accident that took ing. grossed for a third reading, read the his life. Everybody Wins, started by business- third time, and passed; as follows: Matthew shall be remembered fondly man Arthur Tannenbaum in New York Be it enacted by the Senate and House of Rep- by his parents, teachers, and friends as City, is for the first time branching out resentatives of the United States of America in a young man of exceptional character to Washington, DC, and enlisted the Congress assembled, and kindness. His departure is felt by help of the Senate to reach out to their SECTION 1. VENUE. us all. neighbors on Capitol Hill. The bipar- Paragraph (3) of section 1391(a) of title 28, Matthew’s mother, Carol L. Ziegler, tisan support in the Senate began when United States Code, is amended by striking recently sent to me a short paper that I joined Senator JEFFORDS’ efforts to ‘‘the defendants are’’ and inserting ‘‘any de- Matthew had written for a school jour- implement the program. All of the Sen- fendant is’’. nalism assignment. In this paper, he ators on the Labor and Human Re- discusses term limits and his personal sources Subcommittee on Education, f opposition to the issue. I believe that Arts, and Humanities have since be- ORDERS FOR FRIDAY, MARCH 31, many of my colleagues in both Houses come involved. 1995 of Congress will find Matthew Puccio’s Already 7 Senators and over 100 Sen- paper of interest, and I ask that the ate staff members are reading to chil- Mr. HATFIELD. Mr. President, I ask text be printed in the RECORD. dren during their lunch hours. Many of unanimous consent that when the Sen- The text follows: the Senators who are working with the ate completes its business today it Over the past few years, some politicians, program are so impressed that they are stand in recess until the hour of 9:30 primarily Republicans, have proposed term moving to implement Everybody Wins a.m. on Friday, March 31, 1995; that, limits be set for Members of Congress. Term in cities in their own States. Mr. Tan- following the prayer, the Journal of limit means that a Member of Congress can nenbaum’s ultimate goal is to have proceedings be deemed approved to be elected only a certain number of times. every child in the country read to ei- date; that the time for the two leaders To be exact, since 1990, 23 million people in ther by a parent or relative or a volun- be reserved for their use later in the 16 States have voted for this law to be teer. day; and, there then be a period for the passed. Most of these people in 16 States transaction of routine morning busi- have voted for this law to be passed. Most of I want to commend Mr. Arthur Tan- these people want term limits to increase nenbaum on his hard work, his leader- ness with Senators permitted to speak electoral competition. They want change ship in this area, and his strong com- therein for up to 5 minutes each not to every now and then. If this law were actually mitment to improving the lives of chil- extend beyond the hour of 10 a.m.. passed, it would be a mistake. What if a dren.∑ Mr. President, at 10 a.m. the Senate Member of Congress is doing a good job? will then resume consideration of sup- Take New York Senator, PATRICK MOYNIHAN, f plemental appropriations bill, H.R. for example. He has just been elected to his THE CALENDAR 1158. third term and is doing a great job in office. The PRESIDING OFFICER. Without Why should they be pulled from office at risk Mr. HATFIELD. Mr. President, I ask objection, it is so ordered. of being replaced by someone who would do unanimous consent that the Senate less of a job? In this case, what is the need Mr. HATFIELD. Mr. President, I fur- proceed to the immediate consider- ther ask that at 10 a.m. the D’Amato for change? On the other hand, if a Member ation of Calendar No. 30, S. 464, and of Congress is doing a bad job and wants to amendment be laid aside in order to run again, he could always be voted out. Calendar No. 31, S. 532, en bloc; that consider an amendment by the Demo- Setting term limits also takes away a poli- the bills be deemed read a third time cratic leader. tician’s constitutional rights. Why shouldn’t and passed; and the motions to recon- The PRESIDING OFFICER. Without he or she be allowed to run for office as much sider be laid upon the table, en bloc; objection, it is so ordered. as they want, with the intention of helping and, that any statements relating to their country? If they are not elected, they any of the bills be placed at the appro- f are not elected, but they should have the priate place in the RECORD. This has chance. On the flip side, this also takes away been cleared on both sides. PROGRAM the people’s constitutional rights. Why shouldn’t the people be allowed to have who The PRESIDING OFFICER. Without Mr. HATFIELD. Mr. President, for they want in Congress, regardless of how objection, it is so ordered. the information of all Senators, the long he has been in office? More specifically, So the bills (S. 464 and S. 532), en Senate will again debate the supple- term limits violate the Bill of Rights which bloc, were deemed read for a third mental appropriations bill, and a num- list the freedoms of the people. Term limits time, and passed, as follows: ber of amendments still remain. There- may seem like an easy answer but it is just fore, votes can be expected to occur unfair. Elections are the people’s choice. f throughout Friday’s session of the Sen- Anyone should be allowed to be in Congress FEDERAL COURT DEMONSTRATION for as long as they want, as long as they are ate. doing a good job, and the people want to vote DISTRICTS ACT Also, Senators are to be reminded them in.∑ The bill (S. 464) to make the report- that the official Senate picture of the f ing deadlines for studies conducted in Senate in session will be taken on Federal court demonstration districts Tuesday, April 4, at 2:15 p.m. EVERYBODY WINS consistent with the deadlines for pilot If there is no further business to ∑ Mr. SIMON. Mr. President, this districts, and for other purposes, was come before the Senate, I now ask that month on Capitol Hill an exciting lit- considered, ordered to be engrossed for the Senate stand in recess under the eracy program began with the help of a third reading, read the third time, previous order, following the remarks Senators and Senate staff. The children and passed; as follows: of the Senator from Illinois, Senator of the Brent Elementary School are Be it enacted by the Senate and House of Rep- MOSELEY-BRAUN. now being read to once a week during resentatives of the United States of America in The PRESIDING OFFICER. Without their lunch hour by volunteers in the Congress assembled, objection, it is so ordered. Everybody Wins Program. Everybody SECTION 1. EXTENSION OF CIVIL JUSTICE EX- The Senator from Illinois. Wins is a successful literacy program PENSE AND DELAY REDUCTION Ms. MOSELEY-BRAUN. Mr. Presi- started in New York City, which DEMONSTRATION PROGRAMS. dent, I thank you very much. I thank matches up professionals with at-risk, Section 104 of the Civil Justice Reform Act the Senator from Oregon. of 1990 (28 U.S.C. 471 note) is amended— inner-city school children as reading (1) in subsection (a)(1) by striking ‘‘4-year I would like to yield to the Senator partners. period’’ and inserting ‘‘5-year period’’; and from Rhode Island 2 minutes. During each power lunch session, the (2) in subsection (d) by striking ‘‘December The PRESIDING OFFICER. The Sen- reading partners select a book and read 31, 1995,’’ and inserting ‘‘December 31, 1996,’’. ator from Rhode Island.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4940 CONGRESSIONAL RECORD — SENATE March 30, 1995 Mr. PELL. Mr. President, I thank my On rollcall No. 124, I voted ‘‘yea’’. It is a debate that lies at the core of our friend and colleague from Illinois very was my intention to vote ‘‘nay’’. national economic competitiveness. much indeed. Therefore, I ask unanimous consent THE TRUTH ABOUT AFFIRMATIVE ACTION f that I be permitted to change my vote. Mr. President, if we consider all the This will in no way change the out- facts, it is abundantly clear that af- INVEST IN EDUCATION come of the vote. firmative action is about equal eco- Mr. PELL. Mr. President, as we re- The PRESIDING OFFICER. Without nomic opportunity, not just for minori- view all options for reducing Federal objection, it is so ordered. ties, but for women as well. It is about expenditures, I am very much of the Mr. AKAKA. I thank the Chair. providing a chance to compete for mind that we should not reduce Fed- The PRESIDING OFFICER. The Sen- those who may still be limited by a eral education assistance. In my opin- ator from Illinois, Senator MOSELEY- glass ceiling or artificial barriers to ion, education is an investment in our BRAUN. participation in our economy. In addi- people and in the future strength and Ms. MOSELEY-BRAUN. Mr. Presi- tion, affirmative action is now a busi- health of our Nation. This is particu- dent, thank you. ness imperative for our country. In larly true for programs that are tar- f spite of the rhetoric and myths sur- geted to enhance the educational op- rounding this concept, the truth is that AFFIRMATIVE ACTION portunities of those citizens who need every American stands to benefit when our help the most. Ms. MOSELEY-BRAUN. Mr. Presi- each citizen is given a chance to con- It is without doubt that every aspect dent, I rise to speak about a subject tribute to the maximum extent of his of our lives depends upon a well-edu- that has taken a lot of time and atten- or her ability. cated citizenry. I fear that cutbacks in tion, particularly in these days, which Our work force is changed. Our coun- Federal education aid diminish achiev- goes I think to the heart of the Amer- try has moved in the direction of making that goal, and weaken our ability ican dream and the future that we face ing the American dream of opportunity to retain our leadership in the world as a nation. That subject, of course, is a dream that is open to all Americans. marketplace. affirmative action. Affirmative action has played a major As we debate this rescission bill, Mr. President, if I could withhold for role in opening up doors and providing however, it is also important that we just 1 second, please. opportunity for the millions of people keep things in perspective. While I re- Mr. President, I suggest the absence who did not have a chance to partici- gret some of the cutbacks that are part of a quorum. pate in the full range of economic ac- of the package under consideration, it The PRESIDING OFFICER. The tivities this country has to offer. And is only fair that we acknowledge that clerk will call the roll. our society has benefitted as a result. the legislation before us is far better The assistant legislative clerk pro- In 1964, when the first Executive than that so recently approved by the ceeded to call the roll. order on affirmative action was issued, House. In education, for example, the Ms. MOSELEY-BRAUN. Mr. Presi- there were approximately 74 million cutbacks are a full $1 billion less than dent, I ask unanimous consent that the working Americans. By last year, that those in the House bill. order for the quorum call be rescinded. number had grown to just over 123 mil- In many areas, there is very good The PRESIDING OFFICER. Without lion. In other words, since 1964, our news. There are, for example, no cuts objection, it is so ordered. economy has created 50 million new in student aid, no reduction in Pell Ms. MOSELEY-BRAUN. Mr. Presi- jobs. Although women and minorities grants, no cutbacks in campus-based dent, thank you for your patience and entered the work force in unprece- aid, and no curtailment of funding for indulgence. dented numbers, these new jobs were the SSIG Program. Mr. President, I rise this evening to not created by taking away jobs held Aid for the vitally important Drop- speak about affirmative action. There by men. Rather, they were created by out Prevention Program is continued. has been a great deal of discussion making use of the talents that a di- Cutbacks in safe and drug-free schools about affirmative action lately. Unfor- verse work force brings to our econ- are a full 80 percent less than those in tunately, too little of that discussion omy, and using those talents to help the House-passed bill. There are few, if has focused on the facts. Affirmative create new economic growth and more, any, cutbacks in literacy programs action is about working people, about new jobs. Affirmative action is not that reach out to help those in need of middle-class families, and about jobs. about taking away opportunity but these services. Cuts in library services It is about the basic right of all about creating it. and construction are very small. And, Americans to have access to education, I would like to take a moment to re- funds are provided for a new and very to have the opportunity to get a good view the experience working women important program of aid in civics and job, to have the opportunity to be pro- have had with affirmative action. Be- economic education exchanges with moted when they work hard—to do bet- cause many employers made a commit- the emerging democracies of Eastern ter than their parents did. It is, quite ment to fostering diversity, women Europe and the former Soviet Union. simply, about ensuring fundamental made significant inroads into profes- Thus, while I may have differences on economic fairness for all our citizens. sions that had previously been off lim- some of the cutbacks contained in this We have come a long way in ensuring its to them. In 1972, women comprised legislation, I find I can support a ma- that economic opportunity exists for a mere 3 percent of architects. By 1993, jority of the provisions with consider- all Americans; yet much work remains that number had climbed to 18.6 per- able enthusiasm. I believe we must to be done. That is why it would be ex- cent. In 1972, women were 10 percent of look carefully at the details of this tremely shortsighted at this point in all physicians, but by 1993, that number bill. While some provisions could be time for the Senate to retreat on af- had grown to 22 percent. In 1972, women improved, most are quite encouraging. firmative action. Before we act, we made only 4 percent of all lawyers, a I want, therefore, to commend Chair- must consider all of the facts. number that grew to 23 percent by 1993. man HATFIELD, the members of the Ap- We cannot allow cynical political And, I might add, this is despite the propriations Committee, and especially games to be played with an issue of fact that the Supreme Court, in their staff for the very long, hard, and this much importance. And we cannot Bradwell versus Illinois, once upheld a thoughtful work they have put into allow ourselves to fall prey to attempts decision by my home State to deny an this legislation. to make affirmative action a debate eminently qualified woman, Myra f about race. It is not. What affirmative Bradwell, the right to practice law, action is really about is fundamental solely on the basis of her gender. CHANGE OF VOTE fairness. It is about whether each of us Women have made equally signifi- The PRESIDING OFFICER. The Sen- will be allowed to fully participate in cant gains in the science fields. In 1972, ator from Hawaii is recognized. society, regardless of our gender or women comprised a dismal 0.8 percent Mr. AKAKA. I thank the Chair. race, or will instead be held back by of all engineers—less than 1 percent! Mr. President, I wish to make this re- conditions that have nothing to do But by 1993, that number had grown to quest. with merit, or talents and abilities. It 8.6 percent. In chemistry, women’s

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4941 share of the jobs grew from 10 percent And finally, a Wall Street Journal to be the focus of our collective efforts in 1972 to almost 30 percent in 1993. study showed that in the 1990–91 reces- to make things better for everyone—it In 1972, there were so few female air- sion, black men were the only group ought to be part of a great debate line pilots that the Department of that suffered a net employment loss. about the direction we must take—to- Labor did not even bother to keep They suffered job losses in 36 States, gether—to address the critical eco- track. By 1993, women were 4 percent of and in 6 of the 9 major industries. They nomic and social issues of our time. airline pilots—a gain worth cele- held 59,479 fewer jobs at the end of the We have a significant economic agen- brating, although there is clearly still recession than they had held at the be- a long way to go. In the advertising ginning. I could go on citing statistics. da to tackle. We need to continue our profession, women went from 22 per- But what these numbers tell us is that, work toward balancing the budget, to- cent of the work force in 1972, to 50 per- despite the claims of affirmative action ward restoring fiscal responsibility to cent in 1993—almost equal their per- opponents, black men are not taking the Federal Government, and toward centage of the population. And the all of the jobs that were formerly held ensuring that our children—and their good news does not stop there. Women by white men. children—will not be saddled with a hold 42 percent of college teaching po- This group—black men—is the seg- legacy of debt. We need to create jobs. sitions, compared to 28 percent in 1972. ment of the population that has faced We need to ensure that every American Even more importantly, a rapidly the most persistent discrimination, who is able to work, can work. We need growing number of women now own that has encountered the toughest to ensure that our children are sent to their own businesses—they are the problems, and has had the longest road learn in schools that are not hazardous bosses! During a recent 5-year period, to travel. Without our past efforts to to their health, and that will prepare the number of women-owned businesses create equal opportunity, black men them to compete in today’s global mar- increased by 58 percent, four times the might be much worse off; at the very ketplace. rate of growth for all businesses. And least, this is not the time to compound If there is any objective that should during that same period, the revenues the problem. for women-owned businesses nearly tri- The fact remains that, while white command complete American con- pled to over $275 billion. The number of men are approximately one-third of the sensus, it is ensuring that every Amer- women-owned manufacturing busi- population, they comprise 80 percent of ican has the chance to succeed—and nesses more than doubled in that 5- the Congress, hold four-fifths of that, in the final analysis, is what af- year period, and the revenues of those tenured positions at colleges and uni- firmative action is all about. No issue businesses increased almost six-fold versities, constitute 95 percent of For- is more critical to our country, and no over those 5 years. tune 500 companies’ senior managers issue is more critical to Me. Nothing I could go on—and in the coming and 99.9 percent of professional athletic makes a bigger difference in a person’s weeks and months, I will. But today, I team owners, and have been 100 percent life than opening up opportunities. Cer- simply want to underscore that the of U.S. Presidents. I addition, an exam- tainly, nothing has made a bigger dif- achievements working women have ination of historical unemployment ta- ference in my life—and nothing has had made, would not have occurred without bles debunks the myth that jobs are a more positive impact on the eco- a commitment by employers’ to seek nomic well-being of our Nation. out, and to foster, diversity. Affirma- going to black men at the expense of white males. The fact is that unem- tive action is at the heart of that com- NO QUOTAS OR PREFERENCES—AND MERIT DOES mitment. ployment rates for white males have MATTER remained relatively steady, while un- AFRICAN-AMERICAN MEN STILL MOST IN NEED employment rates for black males have The fact is that the successes in the Mr. President, it is also worth point- increased. In 1972, unemployment economy that women and minority ing out—when we discuss the progress men have achieved over these past that women have made—that African- among white males was 5.1 percent, compared to 10.4 percent for black three decades since the first affirma- Americans in general, and African- tive action executive order by Presi- American men in particular, have ben- males. In 1994, the unemployment level for white males was 5.3 percent, a dent Johnson have not been due to efitted the least of any group from af- quotas. firmative action. When you say the slight increase of +0.2 percentage words, ‘‘affirmative action,’’ many peo- points from 1972. In contrast, the 1994 The quota debate is a fake. It is a ple automatically think of a black man unemployment rate for black males fraud. It is an attempt to reduce af- as the beneficiary. was 11.5 percent, an increase of +1.1 firmative action to an absurdity that Consider this: Median annual earn- percentage points. Again, in spite of af- serves only to pander to negative emo- ings for African-American men have firmative action, the facts show that tions. It is a myth that only those who actually shown little or no improve- white men are not losing jobs to black either do not know or do not care ment over the past two decades com- men. about the truth would even discuss in pared to white men. In 1975, black men I cite the numbers because it is im- the context of affirmative action. earned 74.3 percent of what white males portant, I think, to debunk the notion Quota is often the buzz-word of choice did. In 1985, that figure was 69.7 per- that affirmative action is a zero sum used by those who prefer myth to game that pits one group of Americans cent, a drop of almost 5 percent points. truth, and who want to create fear against another, and may be seen as a In 1993, that figure was back up to 74 from insecurity and confusion. When basis for dividing us to whatever degree percent—but still lower than the 1975 we speak of affirmative action, we are is necessary. This is why this debate is level. talking about a range of activities cal- so important and why we have to com- In 1979, 99.1 percent of senior level culated to support opportunity and di- municate the truth about affirmative male employees were white, while 0.2 versity in the workplace and in our action to the people. As my mother percent were black. In 1989, the figure economy. We are talking about goals used to say, we may be as different as for white males had declined slightly and timetables, not quotas. What goals the five fingers are, but we are all parts to 96.9 percent, while blacks has risen do is encourage employers to look at of one hand. We need each other and to 0.6 percent—still less than 1 percent. their workforce, to consider if women Unfortunately, the lack of progress the benefits that our diversity pro- and minorities are underrepresented by black men applies across the board, vides. To allow affirmative action to be and—if they are—to try and correct the regardless of qualifications or edu- reduced to a them versus us conflict al- situation. Goals are flexible, tem- cation level. And the fact remains that, lows a short-sighted political game to porary, and are instruments of inclu- for black men, professional degrees do obscure our common long term inter- sion. There are no legal penalties if not necessarily close the earnings gap: ests. African-American men with profes- The fact is, as Americans, we are all employers make good faith efforts, but sional degrees earn 79 percent of the in this together, and we all have a tre- are unable to comply with their goals amount earned by white males who mendous challenge to face together in or timetables. hold the same degree, and who are in this time of change in the world, and in The perspective of affirmative action the same job category. our country. Affirmative action ought is actually the opposite—the reverse—

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4942 CONGRESSIONAL RECORD — SENATE March 30, 1995 of the quota perspective. The quota ar- out all qualified applicants, regardless Act of 1991. The commission, comprised gument suggests that one look at num- of their gender or race. There are a of 21 members, was charged with con- bers before the fact to limit oppor- number of workplace practices—word ducting a study and preparing rec- tunity for some. Affirmative action, on of mouth recruiting, job requirements ommendations on ‘‘eliminating artifi- the other hand, looks at numbers after unrelated to actual duties, et cetera— cial barriers to the advancement of the fact, to observe the effects of diver- that can have the effect of limiting a women and minorities.’’ sity in the workplace. The two con- hiring or promotion pool, whether in- The current attack on affirmative ac- cepts are simply incompatible. Affirm- tentional or not. Affirmative action tion coincides, almost exactly, with ative action does not tell employers works to ensure this does not occur, by the release of the commission’s fact- they have to hire 12.5 women, or 2.5 na- reaching out to qualified minorities finding report, entitled ‘‘Good for Busi- tive Americans—or that they have to and women. ness: Making Full Use of the Nation’s In addition, affirmative action helps follow any inflexible numeric formula. Human Capital.’’ It is also, however, ensure that job requirements fit the Instead it provides a benchmark for di- fortuitous, for the commission’s report job. Under affirmative action, employ- versity, a progress report, if you will, provides those of us in Congress, who ers are no longer allowed to establish to help decisionmakers, employees, will soon be debating the future of af- irrelevant criteria that applicants identify whether impairments to op- firmative action, with two funda- portunity have been adequately ad- must fulfill before being considered for hiring or promotion—requirements mental truths: the first of these truths dressed and removed. In fact, arguably is that, though we have come far since since the 1978 case of Regents of the that may work to exclude otherwise qualified individuals. Lyndon Johnson issued Executive University of California versus Bakke, Order No. 11246, there is still much NOT TO SAY THAT PROGRAMS SHOULD NOT BE and definitively since the case of City progress yet to be make. The United of Richmond versus J.A. Croson Co., REVIEWED There have been suggestions that our States still fails to utilize the talents the use of quotas by State and local and resources of far too great a per- governments, or educational institu- existing affirmative action programs must be reviewed, and I agree; no pro- centage of its population in far too tions, have been held by the Supreme many industries. Court to violate the equal protection gram should ever be immune to review. clause of the constitution. There are However, a review cannot mean a re- The second truth is that, if progress treat from the proposition of equal op- exceptions, of course, for cases involv- is not made, it will not be just minori- portunity for all. I am confident that ing prior, positive and systemic dis- ties and women who suffer, but the any review of affirmative action will crimination, and the court has applied community as a whole. Affirmative ac- show what the Nation’s major employ- slightly different standards to the Fed- tion is about far more than just equal ers already know: Affirmative action is opportunity—it is about our economic eral Government. good for the community, good for com- In addition, the Equal Employment prosperity. It is about access to edu- panies, good for working people, and Opportunity Commission’s guidelines cation and jobs for working people, for good for the country. governing voluntary affirmative action middle class families, and for our chil- THIS IS IMPORTANT, BECAUSE AFFIRMATIVE provide that in order to be valid, vol- dren. Indeed, a recent Washington Post ACTION IS GOOD BUSINESS untary affirmative action programs article entitled ‘‘Affirmative Action’s Mr. President, I do not think that Corporate Converts,’’ documented this must comply with a number of guide- our current debate over affirmative ac- lines. First, they must be adopted to fact. In the article, the chairman of tion could have come at a more ironic Mobil Corporation, Mr. Lucio A. Noto, break down patterns of racial segrega- time. The Department of Labor just re- tion, and to expand employment oppor- summed up the view of many employ- cently issued its fact finding report on ers: ‘‘I have never felt a burden from tunities to those who have tradition- the existence of the ‘‘glass ceiling’’— ally been barred from certain occupa- affirmative action, because it is a busi- those invisible, yet very real barriers ness imperative for us.’’ tions or positions. In addition, the that continue to confront women and plans cannot unnecessarily trample the minorities as they attempt to partici- HOW FAR WE HAVE TO GO rights of those who were not targeted, pate in the work force. The Glass Ceil- The overview of the Glass Ceiling usually non-minorities or men. Fi- ing Report reviews in great detail the Commission’s fact finding report be- nally, plans can only seek to hire barriers to participation that fall short gins: corporate leaders surveyed, qualified individuals, and they must be of overt exclusion but which still oper- women and minorities who partici- flexible. So clearly, if any individual ate to limit the full participation of pated in focus groups, researchers, and feels they were not hired due to an ex- women and minorities in our economy. government officials all agree that a plicit quota provided for a minority or It clearly identifies the relevance of di- glass ceiling exists, and that it oper- a woman, they can bring suit for a vio- versity in the workplace. Most impor- ates substantially to exclude minori- lation of equal protection. tant, it is a compelling endorsement of ties and women from the top levels of As a benchmark for diversity, affirm- the value of affirmative action. ative action must always be fair ac- management. This statement is under- The foundation for the report was a scored by a wealth of detailed factual tion. The concept of fairness in edu- document prepared by the Department information, which illustrates this con- cation and employment particularly of Labor—which helped publicize the clusion in no uncertain terms. Take, rests on fundamentals relating to glass ceiling phenomenon. As our dis- for example, a survey of senior level merit, to competence, to qualifica- tinguished majority leader, Senator managers of Fortune 1000 industrial tions. No on benefits, not the commu- ROBERT DOLE, stated at that time, the companies and Fortune 500 service in- nity in general, the company, nor the report has confirmed what many of us dustries, which established that 95 to individuals involved, if unqualified peo- have suspected all along—the existence 97 percent of senior managers—vice- ple displace qualified ones. But that is of invisible, artificial barriers blocking president and above—are white men. not what affirmative action is supposed women and minorities from advancing to do. up the corporate ladder to management Or, the report’s finding that— It is never fair to promote an un- and executive level positions * * * the Despite identical education attainment, qualified individual at the expense of a issue boils down to ensuring equal ac- ambition, and commitment to career, men qualified individual, which is why af- cess and equal opportunity * * * these still progress faster than women. A 1990 Busi- firmative action does not require that principles are fundamental to the es- ness Week study of 3,664 business school employers do so. To require that a per- tablishment of this great Nation, and graduates found that a woman with an MBA son be hired or promoted, solely on the the cornerstone of what other nations from one of the top 20 business schools basis of their gender or race, not their and other people consider unique to the earned an average of $54,749 in her first year competence, is exactly the type of dis- after graduation, while a comparable man United States—namely, the possibility earned $61,400—12 percent more. crimination affirmative action seeks to for everyone to go as far as their tal- end. ents and hard work will take them. And the problems are not limited to Instead, affirmative action encour- Congress created the Glass Ceiling the business world. While women hold ages employers or educators to seek Commission as part of the Civil Rights over 4 in every 10 college teaching

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4943 jobs—more than 40 percent—they only Most of us can remember the time in the demographics of the national con- hold 11 percent of tenured positions. our country when women who worked sumer markets, and rapid globalization The Glass Ceiling Commission’s re- outside the home had to face official of the marketplace— highlight why a port makes it clear what the problem barriers to their participation in the retreat from affirmative action will is. It is not a ‘‘women’s problem.’’ It is labor force. Or when black and other hurt us all. not a problem related to any lack of minorities were denied employment or The Washington Post article, pre- ability on the part of women or minori- other economic opportunity solely be- viously quoted, underscores that point. ties. It is a problem going to the heart cause of their color. Legislation such The article points out that the opinion as the Civil Rights Act of 1964, which of the American dream—whether the that affirmative action is a business was designed to provide equality of em- workforce is for some Americans, or for imperative is: all Americans. ployment and educational opportuni- The report concluded, after years of ties, or the Civil Rights Act of 1968, Not a maverick view. At many of the Na- research, that there are two major im- which sought to provide fair housing tion’s large corporations, affirmative action is woven into the fabric of the companies. pediments to full participation by laws, has gone a long way toward striking down those official barriers. And the diversity that affirmative action women and minorities: regulations has encouraged has become a First, the prejudices and stereotypes But the unofficial ones still remain. It is as though the hurdles have been valuable marketing and recruiting tool, an of many white male middle managers, important edge in fierce global competition. and; taken off the track, but the ruts have A 1993 study of Standard and Poor 500 Second, the need for greater efforts not yet been removed for women and companies showed that firms that suc- by many corporate CEO’s—who have minorities who seeks to participate in the economy of our country. President ceed in shattering their own glass ceil- made an initial commitment to diver- Johnson made the point eloquently ings racked up stock-market records sity and expanded economic oppor- when he issued Executive Order 11246, that were nearly two and one-half tunity—to fully translate those words which requires that all employers with times better than otherwise com- into realities. Federal contracts in excess of $50,000 parable companies. Companies have The sub-heading on a recent New file affirmative action plans with the benefitted by opening their doors to all York Times article by reporter Peter Government. Under that order, which American workers—and we will all con- T. Kilborn, which detailed the commis- is the foundation of affirmative action, tinue to benefit, so long as those of us sion’s findings, highlights the problems the plans must include goals and time- in Congress do not retreat from our presented by stereotyping. The heading tables—not quotas—for the hiring of commitment to opportunity for all. reads: ‘‘Report Finds Prejudices Block minorities and women, and employers It is often the case that those of us in Progress of Women and Minorities.’’ are required to make good faith efforts Congress are called upon to vote on And the story goes on to depict the to comply with the plans. President issues with which we have had no per- barriers that, unfortunately, still must Johnson stated when signing the order: sonal experience. But the issue of cre- be overcome by women and minorities Freedom is not enough. You do not wipe seeking to climb the corporate ladder. away the scars of centuries by saying: Now, ating the opportunity for women and Kilborn writes: you are free to go where you want, do as you minorities to become full economic In exploring the demography of American desire, and choose the leaders you please. partners in our society is dear to my upper management, a Government commis- You do not take a man who, for years has heart, because as a woman, and a mi- sion Wednesday put its official stamp on been hobbled by chains, liberate him, bring nority, I have seen first-hand the bene- what many people have suspected all along: him to the starting line of a race, saying fits that accrue from creating a cli- important barriers to the progress of women ‘‘you are free to compete with all the oth- mate of opinion that sets the stage for and minorities are the entrenched stereo- ers,’’ and still justly believe you have been completely fair. thus it is not enough to hope and for real opportunity in the types and prejudices of white men. Women, areas where potential and talent mat- the report of the Federal Glass Ceiling Com- open the gates of opportunity . . . we seek mission said, are perceived by white males as not just equality as a right . . . but equality ter most. not tough enough and unable or unwilling to as a fact and as a result. I would ask my colleagues to con- relocate. Black men? Undisciplined, always The progress we have made in open- sider the experience of those of us who late. Hispanic men are deemed heavy drinking up opportunity is no cause for rest- have had to overcome artificial bar- ers and drug users who don’t want to work— ing on our laurels—the end of discrimi- riers to achievement. What our experi- except for Cubans, who are brave exiles from nation did not mean the beginning of ences illustrate are the basic principles communism. Asians? More equipped for tech- inclusion. that Congress must consider—and must nical than people-oriented work. And, the re- We still have a long way to go to port said, white males believe that none of preserve—as it debates affirmative ac- these folks play golf. eliminate the persistent bias which tion. Never mind that women’s attendance creates barriers to the full participation—and the complete contributions— The first of these principles is that records are better than mens’, discounting every American must have access to maternity leaves; that Hispanic Americans all of our people have to give. It stands education. The opportunity to attend work longer than the non-hispanic white to reason that, if we create conditions men putting them down, or that American that allow our Nation to tap the tal- the University of Illinois, and the Uni- management is impressed enough by Asian ents of 100 percent of our people, we versity of Chicago Law School, gave management that it often apes it. will be better off than if we can only me the tools I needed to enter the work The Glass Ceiling report speaks to tap the talents of half. force. The climate created by congres- some of the reasons for this persistent And that is the conclusion of the re- sional support for affirmative action bias. Too many white male middle port just issued by the Glass Ceiling encouraged my law school to seek out managers still allow false myths ob- Commission, a conclusion which is ex- and embrace diversity. They were per- scure their vision. They are still unable pressed in the report’s title: ‘‘good for suaded not just to look beyond the to see the benefits of making full use of gusiness—making full use of the Na- stereotypes, but to reach outside the the talents of women and minorities. tion’s human capital.’’ Simply stated, traditional pool of applicants, and to The problem we face now—the prob- the conclusion reached was that: actively seek out qualified students lem of persistent bias—is different than Increasing numbers of corporate leaders who could bring a different point of the blatant, officially sponsored dis- recognize that Glass Ceilings and exclusion view to the educational environment. crimination faced in the 1950’s and of members of groups other than white non- This, of course, benefited more than 1960’s, but it is no less real. It is cer- Hispanic males are bad for business because the individual students—it benefited of recent dramatic shifts in three areas that the entire university as well. tainly no less harmful to those who are are fundamental to business survival: not considered for a job, or a loan, or a changes in the demographics of the labor The second basic principle is that Government contract. And it is most force, changes in the demographics of the na- every American must have access to definitely no less worthy of congres- tional consumer markets, and the rapid good jobs. My first job out of law sional action than the official discrimi- globalization of the marketplace. school was working as an assistant nation that Congress addressed in the These shifts—changes in the demo- United States attorney—a job that 1960’s. graphics of the labor force, changes in would have been virtually impossible

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4944 CONGRESSIONAL RECORD — SENATE March 30, 1995 for a woman to hold just 20 years ear- is time we stopped throwing rhetorical have come a long way, we have made lier. Because of affirmative action, I rocks and hit the glass ceiling with progress—but we have a long way yet was given a choice and a chance in the enough force that it is shattered.’’ to go. And if we have the wisdom, and career path. That recipe for action made sense then, the foresight to renew our commitment And the third basic principle, from and, with the issuance of the Commis- to equal opportunity, we will realize which there can be no retreat, is that sion’s report, it makes even more sense the other fundamental truth—that af- every American must have the oppor- now. firmative action is really all about jus- tunity to advance as far in their field International competition is becom- tice. There are those who fear the loss as their hard work will take them. As ing tougher and tougher. We cannot of preferences created over time—the the glass ceiling report has shown, get- succeed by bailing out of the competi- 100-percent set-asides of the past— ting a job is only half the battle. Just tion, or by wasting the talents of half which limited competition from the as bias must not be allowed in hiring, our citizenry. But that is what will vast pool of talent women and minori- it must also not be allowed in pro- happen—our country will fall behind— ties constitute. To them I say, it is motion, or in access to capital, or pol- if we do not act aggressively to shatter counterproductive to handicap the icy making, or in any other endeavor the glass ceiling. If we do not make full competition, you lose, they lose, we as that affects the community as a whole. use of the education and the skills of a nation all lose. Instead of being se- The ‘‘glass ceiling’’ is bad for women, women and minorities, they are hurt as duced by fear, be inspired by the hope bad for minorities, and bad for our Na- individuals, but we are hurt as a Na- of our Founders that in equality of option’s businesses. It is not enough that tion as well. portunity lay the key to prosperity, women and minorities are able to enter In 1992, approximately 590,000 women, the quality of life for all Americans the work force; we also have to have and 163,000 minority students grad- would be lifted up. the opportunity to succeed based on uated from college. Are we really pre- There can be no retreat from our pur- their ability. pared to say to them, ‘‘Sorry, you’re pose, no compromise from our objec- It has been argued by some that this not allowed to compete.’’ As parents, tives—expanding economic oppor- debate we are focused too much on the we all have hopes and dreams for our tunity, taking advantage of our diver- past. They say that they were not children. Are we really prepared to say sity, moving the United States ever there when the constitution was draft- to our daughters, ‘‘Sorry, but you’re closer to the day when the eloquent vi- ed, leaving women and African-Ameri- not allowed to compete. Work hard, sion set out in our Declaration of Inde- cans out of its promise of equal oppor- but you will still get paid less than the pendence becomes a reality for every tunity for all. They did not take any men working next to you, and you American. past actions, they did not carry out should not expect to be promoted.’’ Are Abraham Lincoln, in his 1862 message any past ‘‘wrongs,’’ and they should we really prepared, as a matter of na- to Congress, spoke words that resonate not have to work to correct those tional policy, to diminish their expec- and reflect the seriousness of this de- wrongs in the present. tations that way? Are we really pre- bate: But this debate is not about the past, pared to permit restrictions on their Fellow-citizens, we cannot escape history. Mr. President, or even the present. The potential and their opportunities to We of this Congress and this administration need for continued action is not just continue for even 1 more day if there is will be remembered in spite of ourselves. No about righting past wrongs—although anything we can do about it? personal significance or insignificance can past wrongs warrant strong actions; The answer should be obvious. There spare one or another of us. The fiery trial nor is it about repaying old debts—al- can be no retreat from the fundamental through which we pass will light us down, in though substantial debts are owed to goals of affirmative action. There can honor or dishonor, to the latest those people and their descendants who be no compromise with the objective of generation***We—even we here—hold the power and bear the responsibility. In giving were harmed by their past exclusion ensuring full economic opportunity for freedom to the slave, we assure freedom to from full participation in our economy. every American. the free—honorable alike in what we give This debate is about the future, and Affirmative action has helped every and what we preserve. We shall nobly save or the expanded economic opportunity American, not just women and minori- meanly lose the last, best hope of Earth. that will come if all Americans are al- ties. Although opponents suggest that Other means may succeed; this could not lowed to participate in the economy. affirmative action is about creating fail. The way is plain, peaceful, generous, If you think about it, what we are de- race and gender preference, in fact, the just—a way which, if followed, the world will bating is whether the majority of opposite is true. It is about ending forever applaud, and God must forever bless. America’s people—and that’s what you preferences based on prejudice and Affirmative action is a quintessential get if you count our Nation’s 51 percent stereotype. It is about opening up our American challenge. I hope this Con- women and 10 percent non-white economy so that it works for all, and gress will prove worthy of it. males—will have a shot, a chance to not just some. Mr. President, I have here a list of a participate on an equal footing in I hope that my remarks here today number of companies, and a description America’s economic affairs. will sound the alarm bell not just for of programs they have implemented to Last month, I met with a group of minorities, but also for women across promote diversity in their organiza- young schoolchildren. I talked to them the Nation. In the 1940’s, when the men tion. This list provides an overview of about the historic nature of the 104th of America went off to Europe and Asia the variety of approaches that employ- Congress, and how we had come so far to fight World War II, women entered ers across America have taken to pro- in the 75 years since the women’s suf- the workforce in record numbers. mote diversity. I ask unanimous con- frage amendment became part of our ‘‘Rosie the Riveter’’ provided the es- sent that a list of these programs be Constitution. I pointed out to them sential support needed back home to placed in the RECORD. that there are now eight women in the keep America’s factories running—both There being no objection, the mate- U.S. Senate. I spoke of this as if it were to fuel the war effort, and to sustain rial was ordered to be printed in the a great accomplishment. The children the domestic economy. During the war, RECORD, as follows: looked at me in confusion—one little women were hailed as heroes. But when CASE STUDIES OF SUCCESSFUL PROGRAMS girl looked at me and said: ‘‘Is that the war was over, women were told The Federal Glass Ceiling Commission has all?’’ that their services were no longer need- found that businesses vary in their aware- What that young girl was telling us, ed. ness of glass ceiling issues and in efforts to is that we need to look at the whole Well, I have news for those who overcome glass ceiling barriers. Some busi- picture. And when we do, we know would seek to roll back the gains nesses pioneer initiatives to remove the bar- without a doubt that much work re- women have made under affirmative riers and continue to do so. The work and family programs offered by these employers, mains to be done. action. This is not 1945. We will not go have great impact on the lifelong career Majority leader DOLE stated, when he back—nor can the country afford for us paths of women and people of color who authored the legislation creating the to go back. share responsibility for their families daily Glass Ceiling Commission, ‘‘Whatever Instead of a retreat, we have to re- care, and their ability to take on promotions the reasons behind the glass ceiling, it turn to the fundamental truths. We and opportunities if offered. This section

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4945 briefly describes the efforts of three compa- dent Howard Morgan sent a letter to his sen- ‘‘I believe workforce diversity to be of real nies—Xerox Corporation, Procter & Gamble, ior managers, stressing that the company importance to IBM’s success. As the market- and IBM—that are successfully eliminating simply had to do better at providing employ- place becomes increasingly diverse, IBM’s glass ceiling barriers while remaining comment for African Americans. Today, Chair- competitiveness will be enhanced through a petitive and profitable. man Edwin Artz sends an annual letter to workforce which reflects the growing diver- XEROX CORPORATION P&G’s more than 100,000 employees, out- sity of the external labor force, and the CEO Commitment and Leadership—Almost lining the company’s diversity policies and growing diversity of our customers.’’ 40 years ago, Joseph C. Wilson, the founder emphasizing its conviction that, in his Accountability—IBM sets goals for minori- of Xerox, made diversity a core value of the words—‘‘Developing and managing a strong, ties and women in job groups where they are corporation. He called it ‘‘valuing and re- diverse organization is essential to achieving underutilized, with the intention of achiev- specting people.’’ Current CEO Paul Allaire our business purpose and objectives.’’ ing representation according to availability believes that a diverse workforce gives Xerox Accountability—Each P&G business unit at all levels in the company. Each manager’s a competitive edge. has specific goals for the development and annual appraisal includes an evaluation of Accountability—Allaire expects senior advancement of minorities and women, as his or her efforts in improving IBM’s work- managers to develop and maintain a bal- well as plans for achieving those goals. Data force diversity profile. anced workforce and holds them accountable on hiring, promotions, job rotation, and A salary analysis is conducted for each mi- for achieving those goals. In turn, senior training are entered into a computerized Di- nority and female employee. These analyses managers hold their managers to the same versity Measurement System, giving senior compared minorities and women employees standards. An annual memo entitled Bal- management the ability to track progress in with their similarly ensuring situated white anced Workforce Performance, reports the meeting goals. The number of women at the and male peers. workforce participation of minorities and department director level has doubled in the women and summarizes progress in meeting last five years and the number of minorities Outreach and Recruitment—IBM was the the goals. at the associate director level has tripled. first company in the U.S. to support the Under its Minority/Female Supplier Pro- Outreach and Recruitment—P&G provides United Negro College Fund in 1944, its initial gram, the company also holds its vendors to internships through the Graduate Engineer- year. The Company began active college re- high standards of workforce diversity while ing for Minorities Consortium, the National cruiting at historically Black colleges in the expanding their business opportunities. In Urban League’s Black Executive Program, 1950s. In 1972 IBM initiated the Faculty Loan 1992, Xerox spent $196 million with minority- and the National Alliance of Business Col- Program which allows employees to take up and women-owned businesses. leges’ Cluster Program. In 1993, 47 percent of to a year off to work for a college, at full Outreach and Recruitment—Xerox has a the interns were women and 46 percent were IBM salary, in projects addressing the needs longstanding and successful employee refer- minorities. P&G provides leadership and sup- of disadvantaged, female, or disabled stu- ral system in which all employees are en- dents. More than 1000 employees have par- couraged to refer friends and relative to port for several programs designed to attract minority students to engineering and science ticipated. In 1991 IBM established the Minor- apply for employment. In the 1960s, Xerox ity Campus Executive Program. African initiated special efforts to recruit women and the company provides support to numerous women’s and minority organizations. American, American Indian, Asian and Pa- and minority men, beginning with Booster, a cific Islander, and Hispanic American execu- collaborative program with Urban League af- During the past 10 years the company’s record of hiring and promoting minorities tives serve as liaisons with the presidents of filiates, and Step-Up, a minority outreach 24 colleges that have large/predominantly program in Rochester, New York. Today the and women into management has been African America, Hispanic American, Asian company has one team of African American strong, with women averaging approxi- and Pacific Islander American, and Amer- managers who serve as liaisons with histori- mately 40 percent and minority men approxi- ican Indian populations. cally Black colleges and universities and an- mately 25 percent of new hires. other team of Hispanic managers who coordi- Training—All employees participate in di- IBM recruits from colleges and universities nate efforts to recruit Hispanic men and versity training. The company’s goal is to that have significant numbers of women and women. create a business environment in which indi- minority students. Critical to recruitment Training—All employees are kept aware of vidual differences are not only valued but are these three principles: company policies on issues sexual, racial, celebrated and prized. Equal employment and affirmative action and ethnic harassment. A brochure high- Development—Development programs are are treated as business objectives. lighting the company policy is given to customized to give each employee opportuni- Line managers at all levels are account- every employee. Xerox instituted workshops ties, tools, and skills needed to realize his or able for progress in meeting diversity objec- in sexual harassment prevention in 1982. her full potential. P&G College, designed to tives. Development—High potential employees reach all employees, is staffed by senior are counseled on the steps necessary to ad- managers who teach basic business courses Investing time and effort in recruiting and vance their careers. Their job assignments fundamental to business success. sustaining a supply of diverse employees support their advancement—for example, of Mentoring—Dozens of networking and sup- long-term, continuing success in meeting di- the 80 Xerox managers currently on inter- port groups exist throughout the company— versity objectives. national assignments, 13 are women and 23 for example, Women Supporting Women Training—All company diversity training are minorities. A key element of the succes- (WSW) and the Asian American Self Directed programs use an IBM video, ‘‘Valuing Diver- sion-planning process is to improve the rep- Learning Conference. WSW’s annual work- sity: A Competitive Advantage.’’ Diversity resentation of minorities and women in shop brings together mid-level women man- councils indentify, recommend, and imple- upper management—currently 20 percent of agers to discuss job growth and development ment plans and programs to enhance work- Xerox vice presidents are members of minor- issues. The Learning Conference helps Asian force diversity management. The councils ity groups and 12 percent are women. Twen- and Pacific Islander Americans understand meet regularly and coordinate roundtable ty-four percent of the corporate officers are cultural differences and perceptions that af- exchanges and focus groups to discuss oppor- 1 women and minorities. fect business operations. Experienced P&G tunities, challenges, and concerns of the Mentoring—Caucus groups are funda- managers serve as counselors, coaches, workforce. Training in sexual harassment mental to the company’s mentoring activi- guides, and advisors to less experienced em- prevention is an integral part of all em- ties. All groups are employee-initiated and ployee training. employee-funded. They conduct workshops, ployees and are available to all employees conferences, and individual mentoring ac- upon request. Development—Attendance at IBM’s execu- tivities on management processes, career Work and Family—P&G considers family- tive seminars is an important training expe- planning activities, and work/family issues. friendly policies as an investment that pays rience in the company—in 1993, 22 percent of The company also has support groups based off in attracting and retaining employees. those attending were women and 7.7 percent on sexual orientation, disability, and func- Family-friendly programs include child care were minorities. In the same year, 25 percent tional expertise. leave, adoption assistance, on-site medical of those who attended IBM’s advanced man- Work and Family—Xerox’s Life Cycle As- screening, employee assistance programs, agement school were women and 15.7 percent sistance combines a variety of work/family tuition reimbursement for college courses, were minorities. programs that include income-based sub- flexible schedules, and financial support of A key developmental experience is an sidies for child care, customized medical ben- nearby child-care facilities. international job assignment—an experience efits, an employee assistance program, and IBM outside of the U.S. in a different culture and tuition aid for employees. CEO Commitment and Leadership—In 1935, work environment. From 1991 to the end of PROCTER AND GAMBLE when IBM first hired professional women in 1993, more than 500 employees participated— CEO Commitment and Leadership—More marketing, Chairman T.J. Watson declared, 15 percent were women and 9.6 percent were than 30 years ago, Procter & Gamble’s Presi- ‘‘Men and women will do the same kind of minorities.1 work for equal pay.’’ Current CEO Louis V. 1 The category ‘‘minorities’’ includes both men and Gertsner, Jr., terms diversity ‘‘an issue of 1 The category ‘‘minorities’’ includes both men and women, so that a female employee is counted here strategic and tactical importance,’’ made women, so that a female employee is counted here both under the category ‘‘women’’ and as a minor- workforce diversity the subject of one of his both under the category ‘‘women’’ and as a minority. first policy letters. He wrote, ity.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4946 CONGRESSIONAL RECORD — SENATE March 30, 1995 It is a requirement that the opportunity to Massachusetts Mutual Life Insurance Com- Tandem Computer, Inc. use the Employee Development Plan process pany US Sprint be offered to each woman, minority, Viet- Morrison & Foerster —(a) Flexible Work Arrangements nam-era veteran, and person with a dis- New England Telephone—NYNEX Arthur Andersen & Co. ability. The Employee Development Plan is Pacific Gas and Electric Corning Glass Works, Inc. SC Johnson Wax a document used in partnership between the Eastman Kodak Company employee and the manager to understand Tom’s of Maine North Carolina National Bank and maximize strengths, and to identify and University of North Carolina at Greens- address weakness. It also provides a vehicle boro Pacific Bell to discuss career aspirations and to establish US WEST The San Francisco Bar Association Sidley & Austin a plan to help achieve reasonable career ob- ROTATION/NONTRADITIONAL EMPLOYMENT Skadden, Arps, Slate, Meagher & Flom jectives. American Airlines. Steelcase, Inc. Mentoring—The goal of IBM’s Mentoring Avon Products, Inc. Program is two-fold. First, it provides a Chubb & Son, Inc. Tucson Medical Center place where women and minorities, and peo- Con Edison —(b) Parental Leave ple with disabilities can go for ‘‘penalty-free E.I. du Pont de Nemours & Company Aetna Life & Casualty advice’’; and second, to provide senior em- Corning Glass Works, Inc. MENTORING ployees and managers the opportunity to IBM AT&T have a variety of coaching, developing, and Proskauer, Rose, Goetz & Mendelsohn managerial experiences with people who are Chubb & Son, Inc. —(c) Dependent Care different from them. Mentoring begins as CIGNA Allstate Insurance Company soon as an employee joins IBM. The program Dow Jones & Company supports employees at three levels: E.I. du Pont de Nemours & Company American Express Company Officer Level—Mentors guide selected Exxon Research & Engineering Co. Amoco Corporation women and minorities who have been identi- First Interstate Bank of California Champion International Corporation fied as potential corporate officers. JC Penny Co., Inc. IBM Corporation Corporate Level—Mentors guide selected New England Telephone—NYNEX Johnson & Johnson women and minorities who have been identi- Pitney-Bowes, Inc. J.P. Morgan, Inc. fied as potential executives. Procter & Gamble Motorola, Inc. Noncorporate Level—Mentors guide new ACCOUNTABILITY PROGRAMS Philip Morris employees to provide early career assistance Baxter Healthcare Corporation Stride Rite Corporation and maximize their career growth. Corning Glass Works, Inc. The Travelers Work and Family—IBM’s ongoing goal in Square D Co. Work/Family Directions this area is to demonstrate that these pro- Tenneco, Inc. grams are practical, effective, and efficient Xerox Corporation tools to achieve business results. IBM’s SUCCESSION PLANNING SUMMARY TABLES: LEADERSHIP AND CAREER Work/Life Programs are designed to help all American Airlines DEVELOPMENT employees be productive while meeting per- Hershey Foods AAA—American Automobile Association; McCormack & Dodge sonal and family needs. Programs include Management Development Program: The Motorola, Inc. flexible work hours and flexible work loca- four-level Management Development Pro- Public Service Electric & Gas Company tions, a personal leave program, and child gram focuses on building the kind of skills and elder care support. Work/Life Employee WORKFORCE DIVERSITY INITIATIVES AAA managing directors, general managers Surveys in 1986 and 1991 provided valuable Avon Products, Inc. and mid-level managers need in order to lead data on existing programs, and led to rec- General Electric NY Silicone Manufac- the company in a changing competitive cli- ommendations for new projects/programs. turing Division mate. The program is based on three core IBM has made a special commitment to the General Foods themes: (1) building the competencies of the subject of Dependent Care support. In 1989, McDonald’s AAA ‘‘manager of the future’’; (2) Action IBM announced the IBM Funds for Depend- PDQ Personnel Services Learning, an idea borrowed from General ent Care Initiatives, a $25 million invest- Procter & Gamble Electric that focuses on immediate transfer ment made over the years 1990–1994. During Renssalaer Polytechnic Institute of skills learned in class to on-the-job situa- that period more than 500 child care/elder US West tions; and (3) member satisfaction, or con- care projects were funded in communities —(a) Programs for Women of Color vincing executives to spend time with cus- where IBM employees live and work. In addi- US WEST tomers so they can make decisions that bet- tion, in 1992, IBM was one of the 11 ‘‘Cham- Xerox ter anticipate customer needs. pion’’ companies that funded The American —(b) Corporate Women’s Groups/Networks AT&T; Leadership Continuity Program Business Collaboration for Quality Depend- Avon Products Inc. (LCP); Executive Education Program: Intro- ent Care. It was the largest collaboration in Case Western Reserve University duced to help further the advancement of mi- U.S. history that included 156 organizations Hoffmann-La Roche norities and women into higher manage- and invested 27 million dollars in 355 projects Honeywell, Inc. ment, the LCP identifies and accelerates the in 45 communities. —(c) Gender/Racial Awareness Training development of managers who have the po- 100 CORPORATE PRACTICES Arthur Andersen & Co. tential to be leaders in an intensely competi- In its examination of corporate glass ceil- E.I. du Pont de Nemours & Company tive environment. The Executive Education ing initiatives, the Federal Glass Ceiling JC Penny Co., Inc. Program provides internal and external edu- Commission found that comprehensive, sys- Hughes Aircraft cation experiences for AT&T executives and temic approaches are more likely to have 3M those middle managers identified as having lasting positive impact than isolate, one- MCA, Inc. high potential. Executive Education Pro- shot or ad hoc approaches. Because they are North Broward Hospital District gram candidates, most of whom are in the designed to overcome the structural barriers Pitney-Bowes, Inc. LCP, are selected on the basis of their on- specific to the business, different glass ceil- Port Authority of NY & NJ the-job learning experiences, career his- ing initiatives emphasize different compo- Raychem Corporation tories, career plans, and the business strate- nents. However, research suggests that effec- Ryder Systems, Inc. gies of the organization. Executive Edu- tive initiatives include components of the Tenneco, Inc. cation Programs are offered internally and seven elements listed below. (The summary Texas Instruments at 40 universities worldwide. Programs last tables are organized by the following ele- —(d) Elimination of Sexual Harrassment from one week to two-and-a-half months. ment headings and are found in the Appen- Apple Computer Barnett Bank; Leadership and Career De- dices.) AT&T velopment: Women are chief executives of E.I. du Pont de Nemours & Company LEADERSHIP AND CAREER DEVELOPMENT four Barnett units and make up 44 percent of FAMILY-FRIENDLY PROGRAMS AAA—American Automobile Association. the highest paid employees. Women make up AT&T. Eastman Kodak Company 21 percent of Barnett’s senior and executive Barnett Bank Fel-Pro, Inc. vice presidents. Connecticut Mutual John Hancock Financial Services Connecticut Mutual; Management Excel- Connecticut Insurance Johnson & Johnson lence Selection; Components for Leadership Corning Glass Works, Inc. Marquette Electronics Development: 1. The Management Excellence Fannie Mae NationsBank process involves ‘‘selecting individuals who Gannett Co., Inc. SC Johnson Wax will make successful managers in our envi- Hewlett-Packard Co. Pacific Gas and Electric ronment.’’ The process was developed JC Penny Co., Inc. JC Penny Co., Inc. through the McBurr model of competencies:

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4947 a group of average and outstanding man- 1981, has produced high percentages of mi- cession plan. The program is open to both agers was selected and studied in order to nority and female employees and managers. men and women. identify the traits that led to success in Hewlett-Packard Co.; Technical Women’s Pacific Gas and Electric; Accelerated De- management and traits that the company Conference: The conference began as a grass- velopment Program: Set up in 1988 to in- wanted to emphasize in management selec- roots effort by company women to showcase crease the number of minorities and women tion and development. the achievements of HP’s female engineers at senior management levels, the program 2. Components of leadership development and scientists, promote their leadership de- allows PG&E to break away from traditional efforts: velopment, and help them to network in a lines of progression that require an employee Career path process: identifies the objec- highly decentralized organization. After a to remain in a specific job for a set number tive performance, skill and knowledge cri- successful first Technical Women’s Con- of years before being considered for a leader- teria for moving from one pay level in a job ference in October 1988, the company spon- ship position. Each business of the company to the next, thus empowering the individual sored a worldwide conference in May 1991, can recommend employees for 10 slots avail- to plan his/her own growth and advance- drawing 800 attendees. able in the two-year program. Program out- JC Penney Co., Inc.; Management Develop- ment. line and training are tailored to the career ment Program Leadership Forums: JC Success factors for management: com- aspirations of each candidate. Of the 21 em- Penney Co., Inc. has created the Women’s petencies demonstrated by the best man- ployees who participate in the program Advisory Team and the Minority Advisory agers in the company are described to enable through 1993, 16 were successful, including Team to develop programs which increase individuals to plan their own growth and de- one woman who now manages a power plant. velopment as managers. the representation of women and minorities High potential list: developed through at the senior management level and to find SC Johnson Wax, Management Succession interviews conducted by personnel from ways to make the company’s affirmative ac- and Development Committee: The Manage- human resources with the head of each of the tion plan more effective. Each team is comment Succession and Development Com- business units and support units. This proc- posed of 16–18 management associates ap- mittee challenges managers to consider mi- ess identifies individuals at all levels of the pointed directly by the company chairman. norities and women for new openings, and organization with potential for higher level Focus groups with employees help develop pay and benefits structures are reviewed reg- positions. team agendas. The teams have created a for- ularly to make certain that they are equi- Continental Insurance; Advanced Develop- mal mentor program, an internal newsletter table and attractive to minorities and ment Program (ADP): The Advanced Devel- that focuses on workforce diversity, leader- women. An effective job-posting system en- opment Program identifies the company’s ship forums that allow employees to hear sures that knowledge of available opportuni- high-potential employees and, through rig- from outside experts, and a direct broadcast ties and of the hiring process is clear and orous training and accelerated career plan system that electronically puts together that the hiring process is fair to all employ- helps them attain key leadership positions in managers to discuss diversity issues. They ees. Ongoing training and development is the company. The program takes select em- have developed a nontraditional staffing pro- critical. SC Johnson Wax has also paid full ployees through a three-month training ses- gram which permits managers to better bal- tuition for employees’ undergraduate and sion during which each employee develops a ance work and family responsibilities. graduate studies. career plan for next three to seven years. As- Massachusetts Mutual Life Insurance Com- Tom’s of Maine; Leadership and Career De- signed advisors serve as mentors, and along pany; Professional Development Boards: The velopment: Women make up more than 45 with position supervisors, they communicate company refined its 15-year-old Management percent of the employees and 33 percent of successes and difficulties to ADP managers. Issues Board to emphasize the professional the board. One of three vice presidents is a The goal of the ADP is to develop talented, development of employees. The single board woman, as are 50 percent of the managers. committed employees into skillful managers was expanded to four 15-member boards (3 University of North Carolina at Greens- and proficient leaders. product line and 1 corporate), and was re- boro; Career/Leadership Advancement Pro- Corning Glass Works, Inc.; Total Quality named the Professional Development Boards. gram for Women Administrators: This pilot Program & Women’s Advancement: The The new system provides professional staff program was developed to address, at the Quality Improvement Team is a task force with opportunities for career growth through state level, the scarcity of women in admin- designed to upgrade efforts in the recruit- their participation in challenging business istrative positions, especially higher-level ment, retention, and upward mobility of projects. Participants develop critical skills, positions in higher education. It was a lo- women in management. With a demonstra- enhance their visibility with top manage- cally developed program that was funded by tion of commitment from the top down and ment, and broaden their responsibilities, a local foundation, a local university, the input from both line and staff managers, im- while assuring Mass. Mutual of a growing participant enrollment fees, and the state plementation strategies are being planned. reservoir of professional and managerial tal- American Council on Education/National They include the development of action ent. Identification Project, which aims to iden- steps to hold managers accountable, succes- Morrison & Foerster; Work and Family Di- tify talented women who are ready to move sion planning for high-performing women, versity: For over a decade, this law firm has into senior administrative positions. The career development strategies to improve had in place an array of liberal work and program provided the following: (1) high ac- the current upward mobility rate for women, family programs that help women in the de- cessibility to women administrators and fac- new recruitment efforts, implementation of manding legal profession achieve their full- ulty in the state; (2) appraisal of career ad- a managing diversity education program, est potential. A flextime policy for partners vancement as well as development of leader- communicating policies and practices re- and associates with caregiving responsibil- ship skills; (3) individual career counseling garding women, and the development of com- ities, a three-month paid maternity leave for participants; and (4) training for partici- munity initiatives to encourage women to (followed by a three-month unpaid leave), a pants in fiscal matters. work at Corning. family sick leave and a firm-wide dependent US WEST; Women of Color Project: In 1988, Fannie Mae; Recruitment: Newly ap- care resource and referral program are US WEST implemented its Women of Color pointed as CEO in the early 1980s, David O. viewed as basic levels of support. The firm Project to remedy inequities in the career Maxwell challenged the traditional hiring has established ongoing training programs to opportunities for non-Caucasian women. The patterns of the financial industry by delib- teach lawyers, managers, and staff how to program was a response to the recommenda- erately recruiting a management team that work with one another in an environment of tion of three employee Resources Groups. included minorities and women. To continue diversity and how to manage in a workplace The objective of the program, which has just increasing the number of minorities and made more complex by the firm’s commit- recently completed its five-year lifespan, women in mid- and senior-level positions, ment to flexible work arrangements for was to provide developmental and pro- CEO Maxwell works aggressively with top women. Lawyers and firm managers are also motional opportunities for the women on the management to identify and promote the trained in preventing sexual harassment and basis of their leadership, communication, company’s most promising minorities and delivering effective feedback. and decisionmaking skills and the needs of women. New England Telephone—NYNEX; Women the business. Of the 36 participants that Gannett Co., Inc., Partners in Progress: In- in Technology: The program was imple- completed the program, all experienced de- stituted in 1979 by Chairman Allen Neuharth, mented to increase the number of women in velopmental opportunities and 83% were of- the program encompasses strategies for re- technical positions, create support system fered one or more promotional opportunities. cruiting, hiring, developing, and promoting for technical women, alleviate gender bias, minorities and women. The program features and help women acquire the skills and oppor- ROTATION/NONTRADITIONAL EMPLOYMENT a system to measure performance of man- tunities they need to advance. A cornerstone American Airlines; Nontraditional employ- agers in developing minorities and women. It of the initiative is education. In conjunction ment: See American Airlines: Succession is aimed at high potential individuals for with a local university, employees with no Planning. participation in management development technical background can enroll in a two- Avon Products, Inc.; Slating: High poten- programs. College recruitment and intern- year certificate program to prepare them- tial selection process: The slating process ship programs aimed at minorities and selves for technical careers. To help women was instituted to expand the pool of internal women ensure a diverse pool of talent from who have technical experience move into candidates for open positions and to ensure which future company leaders will emerge. higher levels of management, the company that minorities and women are better rep- The program, which has been tracked since has a ‘‘Corporate Leaders’’ management suc- resented in line positions. When a position

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4948 CONGRESSIONAL RECORD — SENATE March 30, 1995 for manager, director, or vice president be- the program aims to improve the prepara- ate an awareness of cultural differences, to comes available, human resources personnel tion of talented individuals for senior man- develop an understanding of how these di- work with department heads to identify can- agement positions. The program selects em- verse cultures benefit the workplace envi- didates. To better prepare for staffing ployees at the assistant vice president level ronment, and improve communications changes, a slate of candidates is sometimes and above who are excellent performers and among an increasingly diverse workforce. developed before the position becomes open. demonstrate potential for advancement. Additionally, 120 key senior managers at- Candidates are selected on the basis of their While the 30 employees participating in the tended a week-long multi-cultural workshop job-specific skills and credentials. pilot program in 1990 included women, mi- that uses relationships and team-building to The high potential selection process for norities, and white non-Hispanic men, the reinforce the value of diversity. high potential employees identifies those majority of those participating were female. who have developed exceptional leadership CIGNA: Mentoring Guide: CIGNA devel- New England Telephone—NYNEX; Men- and management skills, and who support the oped a guide and let each of its ten operating toring circles: Designed to help prevent some company’s valuing diversity efforts. These divisions decide how they wanted to ap- of the problems associated with structured individuals work with their managers and proach the mentoring process. The guide pro- mentoring relationships, NYNEX has imple- human resources staff to identify the experi- files successful mentor relationships, includ- mented ‘‘mentoring circles.’’ Because men- ences they need to advance. With slating, the ing key behaviors of coaches, mentors, and tors and mentees meet in groups of up to 12 pool of high potentials is screened to ensure mentees; on-the-job opportunities for coach- people, the sexual tension and rumors that adequate representation of minorities and ing and mentoring; methods to improve can accompany one-on-one male/female and women. coaching and skills; and tips for mentees. interracial mentoring are eliminated. More- Chubb & Son, Inc.; Job rotation: High po- The model was also developed to provide a over, the circles maximize the use of men- tential women in staff and administrative benchmark for best practices and approaches tors’ time, as the number of individuals positions are given the opportunity to rotate to mentoring and coaching in CIGNA’s divi- qualified to serve as mentors is usually far into line functions. To prepare for a new po- sions. fewer than the number of employees seeking sition, each candidate currently in a staff po- Dow Jones & Company; Mentoring Quads: mentors. sition receives training and, in some cases, To promote cultural diversity and enhance Pitney-Bowes, Inc.; Pairing System: The gains hands-on experience by working for developmental and promotional opportuni- objectives of the 1989 pilot program were to several months in a lower-level line job with- ties for minorities and women, the company augment the development process by helping out taking a pay cut. developed mentoring quads. Each quad is to increase the number of candidates ready Con Edison; Management Intern Program: made up of four members who are diverse in The Management Intern Program is a com- to fill managerial positions and to improve terms of position, level, race, gender, and the retention of valued employees. The pro- prehensive strategy to recruit, develop, and functional area. Program developers felt an- promote qualified women. Begun in 1981, the gram was also designed to further the com- other advantage of the group approach would pany’s goal of creating an environment that program currently recruits approximately 30 be to offer greater learning opportunities to values diversity by helping to increase the college graduates annually on the basis of larger numbers of people. The approach also representation of minorities and women technical competence, leadership potential, assumes that group dynamics will minimize management. The current program strives to communication skills, and part-time work personality conflicts. experience. Interns spend one year in four E.I. du Pont de Nemours & Company; Im- match mentors and mentees in as many lev- three-month assignments designed to expose aging Systems: Du Pont’s mentoring pro- els as possible by looking at the development them to a variety of company functions. Vis- gram is tied to other initiatives to develop needs of associates, the experience of men- ibility is an added program benefit: interns and advance high potential minorities and tors, geographic proximity and/or functional gain exposure to officers and upper manage- women. While the company allows mentors commonality. ment through required presentations and in- and mentees to structure their own relation- ACCOUNTABILITY PROGRAMS formal forums. At the outset of the program, ship, every mentor receives two days of each intern is assigned a mid-level manager training in which ground rules are set and Procter & Gamble; Corporate Mentoring who serves as a mentor. 75% of the 89 female guidelines are given. Program: The objective of the program is to engineers hired since 1981 are still at Con Ed. Exxon Research & Engineering; Internship ensure that there is an experienced manager Women have the highest rate of retention. and Mentoring Program: This program for to act as ‘‘a trusted counselor, coach, role Blue Collar Prep Program: The ‘‘Blue Col- female and minority high school students model, advisor and voice of experience’’ to lar Prep’’ program aims to prepare women was implemented to increase the pool of mi- managers with less experience who are ex- educationally, psychologically, and phys- nority and women recruits. By providing stu- pected to advance within the organization. ically for nontraditional jobs. dents with professional-level mentors, who The first priority of the company was to en- E.I. du Pont de Nemours & Company; Job serve as role models and career counselors, sure that minorities and women who had rotation: At Du Pont, most executives move as well as offering ‘‘real’’ engineering work been identified as having advancement po- through at least two or three functions be- experience, Exxon aims to build positive, tential have mentors because of the higher fore they reach top positions. For example, long-term relationships with students and to turnover rates among these managers. an employee with technical experience may foster their interest in becoming permanent move from manufacturing to marketing to Baxter Healthcare Corporation; Affirma- employees. tive Action Strategy; Balanced Work Force general management to corporate staff be- First Interstate Bank of California; Indi- Initiative: The program holds managers indi- fore attaining executive line status. The job vidual Mentoring Program: The Individual vidually accountable for recruiting, retain- rotation process begins with the identifica- Mentoring Program is part of an overall ini- ing and promoting minorities and women. tion of high-potential employees. Of Du tiative, begun in early 1992, to create and im- Managers are provided with guidelines for Pont’s 20,000 exempt employees with college plement programs for the advancement of developing professional skills and, at year degrees (15% of whom are women), approxi- minorities and women. The overall initia- end, are required to complete detailed sum- mately 2,000 are considered capable of ad- tive, The Career Opportunities and Develop- maries of their efforts. Managers then sub- vancing into upper management positions. ment Program, includes all phases of career mit the forms to corporate headquarters for Asked why job rotation is particularly im- development and planning, diversity train- an in-depth review of their achievements. portant for women, a Du Pont representative ing, multi-cultural networks, a group men- Baxter then reinforces support for managers’ said, ‘‘Women don’t have role models in toring program, and an individual mentoring initiatives by tying 20 percent of their dis- upper management positions. Job rotation program. The purpose of the Individual Men- cretionary bonus to their ‘‘good faith’’ ef- helps them learn firsthand about the skills toring Program is to provide high potential forts and pursuit of corporate goals. Both and knowledge they need for a new posi- selected minorities and women with an op- the number of female vice presidents and the tion.’’ portunity to focus on examining personal ex- number of female division presidents have MENTORING pectations, work habits, communications increased substantially since 1988. AT&T; Early Career Advisory Program goals and objectives, constructive feedback, (ECAP): ECAP began in 1976 at the com- and understanding expectations under the Corning Glass Works, Inc.; Quality Im- pany’s Bell Laboratory location in guidance of experienced and skilled profes- provement Teams: To counteract a trend in Naperville, Illinois. Originally intended as a sionals. Recognition that the bank could attrition, the company assigned senior man- mentoring program for all newly hired or strengthen its business by developing em- agers to separate quality improvement promoted minorities and women at the pro- ployees was the motivation for establishing teams, one for women’s advancement and fessional engineer level in Bell Laboratories the initiative. Throughout the next three to one for the advancement of African Ameri- (AT&T’s Research and Development divi- five years all of the participants will be cans. After an intensive six-month effort, in- sion), the program was recently broadened to tracked as to their career development. volving surveys and focus groups, the teams include associate technical positions. Men- JC Penney Co., Inc.; Mentoring Skills De- made recommendations for improving the tors are managers at either the supervisor, velopment Workshop: JC Penney Co., Inc. workplace. Some of the outcomes include department head, or director level, and must created its own two-day workshop on man- mandatory gender and racial awareness work outside the mentee’s department. aging a diverse workforce. All profit-sharing training for managers and professionals, the Chubb & Son Inc.; Senior Management managers in the company have attended the introduction of career planning systems, and Sponsorship Program: Implemented in 1990, program. The workshop objectives are to cre- improved communication.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4949 Square D Co.; Diversity Goal Setting: viduals and is reviewed by executives on an tions including women of color. Mentoring, Goals for preparing high potential female annual basis. These plans are reinforced an important component of the program, was employees for management positions (at sal- through performance evaluation and other established to provide minorities and women aries of $60,000 and above) were developed goal-setting processes. with role models who would give the partici- and presented to senior executive staff. In Motorola, Inc.; Succession Planning with pants insight into the corporate culture and 1991, it was decided that a minimum of 20 Clout: To accelerate women’s advancement, management systems. the company implemented this program in percent of manager’s bonuses would be based General Foods; Diversity Management 1986. The program features an ambitious, on their effectiveness in meeting corporate Steering Committee: General Foods began corporate-wide ‘‘Parity Initiative,’’ which re- goals to recruit, develop, and promote its diversity effort by forming a Diversity women. quires, by year end 1996, that the representa- Management Steering Committee, chaired tion of minorities and women at every man- SUGGESTION PLANNING by the president and including 10 senior ex- agement level mirrors the representation of Tenneco, Inc.; Executive Incentive Com- ecutives, to monitor all company activities these groups in the general population. The pensation Program: This program links a relating to affirmative action and diversity ‘‘Parity Initiative’’ has already produced re- significant percentage of each executive’s management. A full-time human resources sults: In September 1989 Motorola had two bonus to the attainment of defined divisional position dedicated solely to diversity man- female vice presidents; today it has fourteen. goals to promote minorities and women. agement was established, along with a Work- To achieve these goals, the company uses a Three-quarters of this percentage relates to succession planning process, the ‘‘Organiza- force 2000 Council to address the issues of the these pre-established goals, which are sepa- tion and Management Development Review,’’ upward mobility of minorities and women, rate for minorities and women and are set by which is unique in that it reaches down to networking, and career/family balance. A each company according to its individual the entry and mid-levels of management and huge training effort was then launched for workforce and location; the remaining one- holds managers accountable for developing the entire salaried employee population. The quarter is for implementing programs di- and retaining minorities and women. goal of the training is to increase awareness rected at developing and advancing targeted of changing workforce demographics, the di- WORKFORCE DIVERSITY INITIATIVES groups. versity efforts of competing companies, and American Airlines; Supertrack: The com- Public Service Electric & Gas Company; the internal cultural barriers that inhibit pany is taking a multifaceted approach to Multi-level, company-wide succession plan- the productivity of minorities and women. retaining, developing, and promoting minori- ning: Once a year each departmental head ties and women. Supertrack requires officers completes several succession planning forms: McDonald’s; changing Workforce Pro- to submit detailed, cross-functional develop- One is an organizational chart on which suc- grams: Formalized more than a decade ago, ment plans for all high-potential minorities cession candidates, their readiness dates and the programs are based on a premise of re- and women in middle management and their development needs are identified. An- spect for all contributors to the business. above. other form asks department heads to indi- Comprising six progressive management de- Career Development Program (CDP): cate any human resources issues they’re con- velopment modules, the program has helped American’s Career Development Program fronting. Finally, department heads rate the ensure that employees of both genders and (CDP), a sophisticated, computerized job- performance of each employee on a scale of all cultures can reach their full professional posting system, allows employees to signal one to five—one indicating a high potential potential. Through the modules, class par- their interest in positions before vacancies fast tracker; five indicating unsatisfactory ticipants are encouraged to explore personal occur. Company-wide posting also helps re- performance. Focus is on the number of mi- attitudes and assumptions that can become duce potential for discrimination or favor- norities and women designated as promot- barriers to their professional growth, or the itism by providing all employees with in- able and on the development opportunities growth of employees they manage. Training stant job information. outlined for them. courses offered include: Managing the Women in Operations Management Advi- Avon Products, Inc.; Communication Sys- Changing Workforce (MCW); Women’s Career sory Council: To boost women’s representa- tem: This grassroots communication system Development (WCD), Black Career Develop- tion in nontraditional positions, a task force monitors problems and opportunities related ment (BCD); Hispanic Career Development was established: Women in Operations Man- to diversity. Minority network groups exist (HCD); Managing Cultural Differences (MCD) agement Advisory Council. The goals of the as forums at which people of color can iden- and Managing Diversity (MD). group are to identify the barriers for women tify and discuss career-related issues. Officer PDQ Personnel Services; Workforce Diver- in nontraditional areas, to educate female sponsors provide guidance and mentoring. sity Initiatives: PDQ has developed ongoing employees on the growing opportunities in These networks communicate their concerns relationships with diverse business groups to technical fields and to serve as mentors to to a multi-cultural committee which, in generate continuous referrals and to pro- female employees. turn, makes recommendations to senior mote the advancement of minorities and Hershey Foods; Senior Management Re- management to effect positive change. On a women. It has developed outreach to organi- view: The advancement of minorities and monthly basis, the Corporate Women and Mi- zations representing minorities and women women is one of the many goals of the suc- norities Committee, founded by a former such as the Latin Business Association, cession planning process. During the com- CEO, checks the company’s progress in meet- Black Business Association, and the Urban pany’s Senior Management Review, high- ings to ensure access to management for mi- League. These organizations assist PDQ with growth individuals and potential high- norities and women. recruitment outside the company. PDQ has growth individuals are identified as part of Managing Diversity: Avon defines man- developed non-gender and non-racial inter- the annual meeting of top-level executives. aging diversity as ‘‘creating a culture that view questions which are uniformly adminis- Managers compile profiles of the high- provides opportunity for all associates to tered to all candidates being considered for growth individuals. The profiles include per- reach their full potential in pursuit of cor- management positions. formance strengths, weaknesses, and areas porate objectives.’’ Their conceptualization Procter & Gamble; Corporate Diversity that need development, the next planned or of diversity encompasses the more obvious Strategy Task Force: In 1988, the president anticipated position, and the anticipated po- differences such as age, gender, race, and cul- commissioned this task force, intentionally sition or level in five years. A five-year de- ture, as well as the more subtle dimensions including line vice presidents, to redefine the velopment plan charts the path from the em- such as work style, life style, and physical importance of a multicultural work force ployee’s present position to anticipated posi- capacity and characteristics. Managers at and to identify strategies for managing di- tion. every level are responsible for Avon’s Cross Entity Review: Lateral movement or progress in diversity. In addition, Avon en- versity. In terms of diversity training, the promotions from one division to another are courages the comprehension and support of company offers awareness training, sympo- identified to help develop an individual diversity by all employees. siums on women and minority issues, and through new experiences. It also serves a General Electric, NY Silicone Manufac- ‘‘onboarding’’ programs that help orient new business purpose by placing key employees turing Division; Grassroots Diversity Initia- hires with special attention to gender and where their expertise is needed. tive: The Silicon Manufacturing Division has minority concerns. To foster development McCormack & Dodge; Succession Manage- increased the number of minorities and and retention, all managers receive regular ment Resources Review (SMRR): A compo- women entries to 30 percent. In 1989, an in- career assessments in which they and their nent of a larger initiative to foster career ad- formal network created a grass-roots diver- supervisors identify the skills they need to vancement, SMRR is the process by which sity initiative at the company in response to advance. all senior managers evaluate those managers problems experienced by women and people Rensselaer Polytechnic Institute; Beyond who report to them directly and determine of color. Specialized characteristics of the Diversity Effort: The Institute views itself as their readiness for progression into even initiative include teamwork and diversity a microcosm of the broad society: they have more senior positions. Senior managers must training. A review board examined such developed initiatives that cut across the en- also identify the critical skills, training and issues as family leave, flexible hours, per- tire university community in order to ade- job experiences that each middle manager sonal and professional development, and quately prepare students for the work force. must have in order to be promoted to more other programs. Since the implementation of The program was established as part of the senior positions. A detailed, individualized the program, there has been an increase in Institute’s recent strategic planning development plan is prepared for these indi- the number of women in managerial posi- progress. It offers both students and faculty

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4950 CONGRESSIONAL RECORD — SENATE March 30, 1995 opportunities to learn and participate in dif- Hoffmann-LaRoche; Concerned Women of Core Groups: These specialized workshops ferent cultures and lifestyles through lec- Roche (CWR): Founded in 1972, CWR is one of were implemented in 1988 to sensitize white, tures, concerts, travel, workshops, and task the older corporate women’s groups in the upper-level managers to gender and racial forces. country. The 400-member group seeks to en- issues. Comprising 12 to 18 employees (five of US WEST; Pluralism Performance Menu courage women to develop their abilities to whom are white male managers, and the re- (PPM): Pluralism Performance Menu, initi- the fullest potential; it actively supports the maining minorities and women), core groups ated in October 1990, is a measurement de- company’s Equal Employment Opportunity/ meet with an outside facilitator for eight vice for tracking the performance of the Affirmative Action program and champions hours a month, on company time if they company’s officers on their quantitative and Hoffmann-LaRoche’s policies on behalf of choose. Senior vice presidents are encour- qualitative efforts to develop and advance women’s advancement and work/family bal- aged to form core groups within their own minorities and women. The PPM lists cri- ance. The group is recognized as a viable cor- departments, and members either self-select teria for measuring officers’ efforts. Every porate entity with full support of manage- or are invited to participate. While the six months, officers submit a completed ment. Recognizing the growing need for child groups have a life of their own, they typi- menu to corporate headquarters where the care, CWR championed the concept of an on- cally last about a year. Occasionally mem- data are analyzed. Each officer is provided site center. After conducting a feasibility bers of the group will continue to meet on an with feedback and suggestions for improve- study and assessing employee child care ad hoc basis once the group has disbanded. ment. The short-term goal of the PPM was needs, the Hoffmann-La Roche Child Care to boost the company’s recruitment, devel- Center sponsored a child care center in 1979. Hughes Aircraft; Gender/Racial Awareness opment, and advancement of minorities and It was established in New Jersey and was one Training: Hughes has implemented a series women. The PPM is designed to raise the of the first in the country. Also, at the re- of ‘‘Managing a Diverse Workforce’’ training company’s commitment to diversity to a quest of management, CWR had input into programs for management/supervisors, as new plane so that, in the long run, pro- the company’s maternity leave and sexual well as career development seminars for mi- moting diversity will become second nature harassment policies. CWR also spearheads norities and women. Hughes also has a vari- to all employees. the company’s mentoring program (which ety of management and professional develop- US WEST; Women of Color Project: See US was recently expanded to include bilingual ment programs, including the Chairman’s West: Leadership and Career Development. mentors), offers career counseling and skills Executive Leadership Program, Line Man- Workshop: White Maleism and the Cor- workshops four times a year, and provides a agers Development Course, Contract Man- porate Culture: The goal of this workshop is wide range of programs for employees and agers Course, and the Management Action to improve the communication between men their families. Hoffmann-La Roche funds Workshop for new supervisors and middle and women and to help men avoid seeing these programs and other CWR activities. managers. All of these programs are mon- women in the workplace as a threat, and in- Honeywell, Inc.; Women’s Council: Formed itored on a regular basis to determine the stead as ‘‘an opportunity for greater eco- in 1978, the group has approximately 35 mem- enrollment patterns of minorities and nomic prosperity and increased personal en- bers who represent a wide range of job func- women. richment.’’ tions, levels, and organizational units. They JC Penney Co., Inc.; Diversity Awareness Xerox Corporation; Asset Management exemplify the diverse workforce in terms of Workshops Skills Development Workshops: Program: This program was started in 1983 to age, race, and family status. Initially, the JC Penney Co., Inc. created its own two-day foster mobility of women of color within the group was chartered to contribute to a work- company’s Development and Manufacturing ing environment that would attract and re- workshop on managing a diverse workforce. Organization. The program combines formal tain quality female employees and encourage All profit-sharing managers in the company training and on-the-job experience. It is in- personal growth of all employees. Its goals have attended the program. The workshop tended to provide exposure to and under- were to identify, study, and make rec- objectives are to create an awareness of cul- standing of the manufacturing operation ommendations on issues of concern to Hon- tural differences, to develop an under- through intensive on-the-job experiences eywell women and support women who standing of how these diverse cultures ben- under the direction of the plant manager. sought career mobility. efit the workplace environment, and improve The plant manager also serves as mentor to After gaining management support, the communications between an increasingly di- the candidate to ensure that the program’s Council moved beyond its original emphasis verse workforce. Additionally, 120 key senior objectives are fulfilled through each develop- on programming to providing recognized pol- managers attended a week-long multi-cul- mental phase. icy input. Without abandoning its original tural workshop that uses relationship and WORKFORCE DIVERSITY INITIATIVES broad agenda, the group now focuses on iden- team-building to reinforce the value of diver- CORPORATE WOMEN’S GROUPS/NETWORKS tifying and studying issues of concern to sity. Avon Products, Inc.; Avon Multicultural Honeywell women and barriers to their up- 3M; The Women’s Advisory Committee: Committee: Avon has three strong groups: ward mobility, and makes recommendations The 3M Women’s Advisory Committee’s mis- the Avon Asian Network, the Avon Hispanic about how both management and employees sion is ‘‘to influence and effect change in 3M can work to remove these barriers. The Network, and the Black Professional Asso- to assure that all employees can participate Council comprises employees from both the ciation (BPA). These groups originated in and contribute equally.’’ The statement em- the 1970’s as the Concerned Women of Avon, professional and administrative ranks. phasizes change and focuses attention on which then became the Women and Minori- WORKFORCE DIVERSITY INITIATIVES GENDER/ promoting women’s career and leadership de- ties Committee. In the mid-1980s committee RACIAL AWARENESS TRAINING velopment through identification of issues, members branched out and began networks Arthur Andersen & Co.; Men and Women as communication to 3M about women’s con- and to address their specific needs. Manage- Colleagues: This gender awareness training cerns, and recommendation of specific action ment developed an organized system through program was introduced in May 1990 at the plans. The committee provides direct advice which networks and committees feed into accounting firm’s Dallas office. It aims to to senior management committees regarding each other to ensure a consistent flow of in- enhance interpersonal communication be- policies that impact 3M women. The com- formation and communication. In order to be tween male and female employees, legitimize mittee has contributed to the implementa- credible, the group has made sure that its discussion of workplace gender issues, in- tion of a number of significant programs in- objectives are consistent with the company’s crease understanding of the business benefits cluding: supervisory and management devel- goals. The committee is structured to help of creating a supportive environment for opment programs, internal communications Avon implement its business strategy of be- women, and help Andersen attract and retain on diversity in the workforce, an improved coming a multicultural workplace. The female employees. Based on the success of performance appraisal system, employee ini- group has developed an operational structure the Dallas office pilot, the program has been tiated part-time employment, and internal with officers and regular meetings that fol- endorsed by Andersen’s national human re- personnel search required for all job open- low the accepted business protocol at Avon. sources office and is now being conducted at ings. In addition, the committee tries to be open multiple locations throughout the country. about its intentions and to communicate E.I. du Pont de Nemours & Company; Per- MCA, Inc.; Gender/racial Awareness Train- clearly and consistently. sonal Safety: The company has chosen to ad- ing: A Diversity Awareness Program, first Case Western Reserve University; Salary dress in a business context the growing so- targeting senior executives and then all Equity Committee: Established in 1992, this cial problem of personal violence, including management staff, enhances and sustains a committee reviewed the salary distribution rape, wife/spouse battering, and child and work environment that is responsive to the of all university faculty and its findings have elder abuse. Senior management recognizes changing demographics of MCA’s workforce, been shared with the entire University com- that employees’concerns about safety, both eliminates any attitudinal barriers that munity. This kind of open review will be on and off the job, can prevent them from hinder the hiring and promotion of people of done annually. An external consultant annu- fully reaching their potential. Du Pont’s pro- diverse backgrounds, and reaffirms the com- ally reviews the staff salary plan to ensure gram contributes to a supportive work envi- pany’s commitment to considering can- equity. Every performance appraisal carries ronment and improved productivity by help- didates from diverse backgrounds for all two levels of review within its division and a ing employees address previously ignored jobs. More than 300 management personnel review by a compensation section of the areas of mental stress and by opening the have attended. A Diversity Forum has been Human Resources Office for equity, appro- lines of communication between men and established to address diversity issues that priateness, and consistency. women. emerge on a day-to-day basis.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4951 North Broward Hospital District; Bridges: tive Adivsory Committee, comprised of four veloped this four-hour workshop to help cre- This voluntary management training proof the chairman’s direct reports and human ate a responsible and respectful environment gram helps develop the skills needed to man- resources executives. Throughout the year, free of sexual harassment and discrimina- age a diverse workforce through a 32-hour se- the group sponsors special events featuring tion. The workshop uses a videotape of real- ries of workshops involving role playing and nationally recognized business leaders, and life examples of sexual harassment, includ- interactive conversations. The eight training frequently asks Ryder’s corporate and divi- ing the more subtle forms, the offensiveness modules focus on intercultural perceptions, sion officers to formally speak to members of which men are often unaware. After an gender stereotypes, subtle racial sterotypes, about company growth and business plans. employee discussion of their perceptions of ethnic identify, organizational culture, Having the group’s objectives aligned with sexual harassment, the facilitators define intercultural conflict, and communications corporate objectives and the involvement of the legal parameters and implications of sex- barriers. Ninety-four percent of those par- senior management have been critical to its ual harassment. Another video shows the ticipating in the program found it excellent success. company’s chief executive officer expressing or very good. Tenneco, Inc.; Women’s Advisory Council: his disapproval of sexual harassment. The Pitney-Bowes, Inc.; Minorities Resource The council was established in January 1988 final segment outlines the resources avail- Group/Women’s Resource Group: The two by then Chairman James L. Ketelsen to help able to employers and the actions they can groups play significant roles in enriching the increase the number of women in leadership take. company’s equal opportunity environment. positions. Since then, the group has worked FAMILY FRIENDLY PROGRAMS The groups work with both senior manage- with management and corporate human re- Eastman Kodak Company; Work and Fam- ment and human resources personnel to pro- sources officers to achieve its goals. Approxi- ily Program: A task force was appointed in vide input into programs and new initiatives mately 20 executive and management women November 1986 to examine work and family such as candidate slating, job posting, devel- from all company divisions are part of the issues. The task force reviewed the programs opment of management training programs, Council, which also has a non-member senior of 33 work-and-family-supportive companies, the mentor program, recruiting and hiring executive liaison. The council receives its surveyed 2,000 Kodak employees and con- practices, and enhancing upward mobility operating budget from the company and uses sulted with work and family specialists. The for all employees in the company. company personnel, facilities and commu- Port Authority of New York and New Jer- result was a comprehensive work and family nications services. Members of the Women’s sey; Women’s Equity (WE): WE was orga- program which includes up to 17 weeks of un- Advisory Council helped corporate human re- nized by a small of management women to paid, job-protected family leave, child care sources officers facilitate company-wide reduce their sense of isolation and to pro- resource and referral service, and corporate adoption of ‘‘Workforce 2000 Initiatives,’’ a mote women’s upward mobility. By 1984, funding for start-up cost for day-care homes training program for addressing workforce women were well represented in junior and in Kodak communities. diversity issues. The group also assisted cor- mid-management jobs; subsequently, WE Parental Leave: A surprisingly high num- porate human resources officers in devel- began to recognize the importance of wom- ber of men have taken advantage of a gen- oping the ‘‘Work/Family Support Program,’’ en’s voice in the workplace and to lobby the erous family leave policy without stigma which offers a range of work and family ben- agency’s leaders about women’s concerns. and without derailing their careers. Also un- efits, including a six-month, unpaid family Issues of primary interest included flextime, usual is the length of leave the men have care leave. The number of women in senior parental leave, child care, and the avail- taken to care for their infants: an average of management has grown significantly since ability of promotion opportunities for all 12.2 weeks, which is just a week less than the the Council was established. women. Opening up membership into the average leave for mothers. Full health cov- Texas Instruments; Corporate Services women’s organization at all levels was a log- erage continues during leave, and employees Women’s Initiative: The Initiative is a man- ical step because the group’s steering com- are assured of returning to the same or com- agement-supported group of approximately mittee believed they would gain greater parable job. 50 female engineers, managers, and technical clout when voicing concerns to management Fel-Pro Inc.; Family Friendly Programs: employees in the company’s Corporate Serv- by representing more women in the agency. Fel-Pro increased its financial aid for adop- ices division. Founded as a grassroots effort To recruit new members, WE planned pro- tion from $2,500 to $5,000 and increased its by two women in 1990, the stated charter of grams to involve women at all levels, such as tuition refund benefits from $2,500 to $3,000 the group is to champion the full participa- a workshop on juggling work and family ob- for undergraduate studies and from $5,000 to tion of Corporate Services women at all lev- ligations, a display on women’s historical $6,500 for graduate studies. Tuition reim- els and aspects of the business by promoting contributions to the Port Authority, and bursement has been extended to part-time their professional and personal goals. The health seminars. To ensure the relevance and employees, who are mostly female. Women’s Initiative helps top management usefulness of the programs to all members, John Hancock Financial Services; Family understand and resolve issues that will en- Women’s Equity also sought nonmanage- Care Issues: The company designed its inno- able the company to better recruit and re- ment women’s involvement on the steering vative Family Care Issues to help recruit and tain women. Using the Corporate Services committee and on each of its five sub- retain top talent. The company has insti- Women’s Initiative as a model, five addi- committees. The group then planned a spe- tuted a program that includes such benefits tional women’s networks have formed in cial workshop cosponsored by Asian, African as a one-year unpaid leave of absence and an other company divisions. American, and Hispanic groups to help re- on-site child care center. But the company cruit women for nontraditional jobs such as WORKFORCE DIVERSITY INITIATIVES has gone beyond traditional work and family the construction trades. ELIMINATION OF SEXUAL HARASSMENT programs: a Summer Care Fair offers em- Raychem Corporation; Women’s Network: Apple Computer; Sexual Harassment Pol- ployees and the public information about The Network was developed in early 1991 to icy: The policy was instituted in February summer camps and programs in New Eng- address women’s isolation in the corpora- 1991 as part of an overall effort to bring more land and a ‘‘Kids-to-go’’ program works with tion’s heavily male-dominated culture. The structure to a relatively liberal environ- local day care centers to provide activities Women’s Network issues a newsletter to ment. When confronted with sexual harass- for the school-aged children of employees more than 200 female and male employees. ment situations, the company is not reluc- during school holidays and vacations. The Network is drafting its formal charter, tant to take action, offenders are terminated Johnson & Johnson; Balancing Work and organizing focus groups with female employ- when appropriate. The policy has three com- Family Program: The program includes the ees and top management, and launching a ponents: a statement defining and prohib- following components: Child Care Resource formal study to determine whether there are iting sexual harassment, a section outlining and Referral; On-site Child Development barriers to career development at Raychem. managers’ responsibility, and a section de- Centers; Dependent Care Assistance Plans; A positive and constructive approach and its scribing the process of filing and resolving Family Care Leave; Family Care Absence; practice of communicating with manage- grievances. Flexible Work Schedules; Adoption Benefits; ment regularly and openly are attributes AT&T; Policy Training manual: A com- SchoolMatch; Elder Care Resource and Re- that led to the group’s success. pany-wide sexual harassment policy was im- ferral; Relocation Planning; and Employed Ryder Systems, Inc.; Women’s Manage- plemented in the early 1980’s as a step to- Spouse Relocation Services. These initia- ment Association: Founded in 1982, the Wom- ward ensuring a nondiscriminatory work- tives were designed in large part to address en’s Management Association defines itself place. The employee manual, ‘‘Dealing With the changing composition of their work as a ‘‘business association.’’ Its objectives in- Sexual Harassment, a Guide for Employees,’’ force—the increasing numbers of women, clude helping women to become more effec- conveys the nature and implications of sex- two-career families, single parents, and the tive in their jobs, apprising senior manage- ual harassment by illustrating real-life ex- children of elderly parents. The company ment of women’s concerns and recom- amples of improper behavior, and con- conducted a survey that showed that be- mending practical solutions, and improving sequences for harassers. The ‘‘New Focus on tween 1990 and 1992, supervisors became sig- the knowledge of members of Ryder’s busi- Sexual Harassment’’ workshop sensitizes su- nificantly more supportive of employees nesses and customers. A unique aspect of the pervisors and employees to the nuances of when work/family problems arose and super- group and a key to its success is the involve- sexual harassment through videotapes, case visors were also seen as more supportive of ment of senior management. The group is studies, and role playing. the use of flexible time and leave policies. guided by a Governing board, comprised of 10 E.I. du Pont de Nemours & Company; A There was, however, no impact on absentee- senior-level female managers, and an Execu- Matter of Respect: In 1987, the company de- ism or tardiness.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4952 CONGRESSIONAL RECORD — SENATE March 30, 1995 Marquette Electronics; On-Site Daycare, ternative job schedules are privileges—not 1988. Management encourages employees and Flexible Work Schedules: Marquette has two rights.’’ An employee must have a good per- their supervisors to customize job sharing on-site centers serving 175 children. Workers formance rating and the position must lend arrangements. The most common arrange- can adjust their schedules daily, if nec- itself to a nontraditional schedule. Options ment features a weekly schedule divided be- essary, to meet family needs. include part-time, flextime, job sharing, and tween the partners. Job sharers receive half NationsBank; Shared Parenting: The bank work at home. of their medical, dental, and life insurance is one of the first, if not the only company to Eastman Kodak Company; Professional benefits, but can purchase a full package at offer fathers paid time off to care for their Flexible Work (Arrangements (FWAs): Flexi- the company’s group rate. Vacation and sick newborn children. The policy is based on the ble work arrangements, including those at days are prorated, and annual merit raises company’s belief that parenting is a shared the managerial level, have been available on and promotion opportunities are preserved. responsibility. New fathers receive up to six an ad hoc basis since the early 1980s. In No- Tucson Medical Center; Alternative Sched- weeks of paid paternity leave: for each year vember 1988 a formal policy was introduced uling: The 15-member Nursing Recruitment of service they accrue one week of leave. in which part-time, job sharing, and flextime and Retention Committee works with senior SC Johnson Wax; Child care/parental leave: are available to all employees. administration and the governing board to One of the company’s foremost work and North Carolina National Bank; Alternative identify projects and programs that help pre- family benefits is its on-site child care pro- Work Schedules: In 1987 the bank began of- vent or reduce the effects of the nursing gram, established in 1985. The child care pro- fering employees on parental leave the op- shortage. Staffing and scheduling are known gram provides before- and after-school care, portunity to rejoin the workforce at their to be areas of dissatisfaction for nurses and transportation to and from school, a kinder- own pace during a six-month leave period. may cause a nurse to leave an institution. garten program and parent training for em- Employees arrange their schedules with Tucson Medical Center has the traditional ployees. The center has been accredited by their managers, receive full benefits and a eight-hour shift, and also ten-hour, twelve the National Association for the Education prorated salary, and return to the same or hour, split, and other nontraditional shifts. of Young Children. During the summer, the comparable position. The bank also offers In many cases, through a process of self- company offers full-time day care for school- Select Time, a part-time program instituted scheduling, the nurses put these shifts to- age children of employees. The parental in 1988. Although Select Time has been used gether to provide 24-hour coverage. This de- leave policy allows up to three months of un- mostly by officers and managers, it is avail- parture from traditional scheduling by the paid leave for both male and female employ- able to any employee who has worked at management team allows staff nurses to de- ees. This is in addition to the paid medical NCNB at least a year and performs at a level velop their own work calendar within some leave for the mother. The option to work rated ‘‘satisfactory’’ or above. pre-established parameters. part-time following parental leave is also Pacific Bell; Telecommuting: Pacific Bell Aetna Life & Casualty; Family Benefits: A available. has been researching the business costs and Family Leave Policy was implemented in Pacific Gas and Electric; Adoption Reim- payoffs of telecommuting since the inception June 1988. The policy grants employees, both bursement Program: The Adoption Reim- of its pilot telecommuting program in May male and female, up to six months of unpaid bursement Program reimburses employees 1985. The company defines telecommuting as leave following the birth or adoption of a for 100 percent of their covered expenses—up working from a site other than the office child or to deal with a serious illness of a to a maximum of $2,000. The adoption of using telecommunications technology. parent, spouse, or child. stepchildren is covered and adopted children FAMILY FRIENDLY PROGRAMS FLEXIBLE WORK Corning Glass Works, Inc.; Policy: The can be any age up to 18. There are no limits ARRANGEMENTS parential leave policy provides six weeks of on the number of adoptions per employee disability leave for maternity, including full that can qualify for reimbursement. Covered The San Francisco Bar Association; Model benefits, followed by an optional 20 weeks of expenses include legal, court, adoption agen- Alternative Work Schedule Policy: The pol- child care leave for new fathers as well as cy and placement fees, medical expenses, and icy, drafted by the association’s Committee mothers, including adoptive parents, and an transportation expenses, and transportation on Equality, outlines four options that it optional part-time return. At the end of pa- expenses with picking up the child. says firms should make available to lawyers: rental leave or at any other point an em- JC Penny Co., Inc.; On-Site Child Care: A (1) flextime; (2) part-time; (3) job sharing; ployee needs more time for family care re- child care center in the home office building and (4) flexiplace. The model policy is com- sponsibilities, he or she may elect to work is available to all JC Penny Co., Inc. employ- patible with the American Bar Association, flexible hours, arrange a job sharing situa- ees. The 10,000-square-foot facility can ac- the Oregon State Bar Association and the tion or work at home. The program allows commodate 157 children from 6 weeks to 5 policy put forth by the Minnesota Women employees temporary part-time work assign- years of age at an average cost of $100 per Lawyers. The four models agree that: Alter- ments when they need to devote extra time week. native work schedules should be available to Tandem Computer, Inc.; Model Maternity both men and women; Compensation should to caring for children or other dependent rel- Leave: Tandem has offered a nine-week un- be calculated on a pro rata basis, with full or atives. paid parental leave for over 10 years. A full- pro rata benefits; There should be periodic IBM; Policy: In October 1988, IBM extended time disability leave manager helps expect- review of alternative work schedule arrange- its unpaid personal leave of absence from 1 ant parents obtain and process the necessary ments; There should be uninhibited pro- to 3 years to help employees balance career medical and insurance forms, and an on-staff motion and advancement for part-time at- and family responsibilities. Employees tak- nurse is available to check on the health of torneys, but those attorneys have a responsi- ing leaves of one year or less are guaranteed pregnant employees. Tandem also recognizes bility to keep regular hours and to be avail- their same or a comparable job upon return; infertility by covering up to three in-vitro able even when not in the office. workers who take longer leaves are assured fertilization treatments as well as expenses Sidley & Austin; Part-time Work Policy: of a job but not necessarily at the same sal- for surrogate mothers. The law firm, located in Chicago, introduced ary or level. US Sprint; FamilyCare Program: To gen- a part-time work policy in 1987. Part-time, Proskauer, Rose, Goetz & Mendelsohn; erate awareness and build broad-based sup- normally 60 to 80 percent of a full-time work Family Benefits for Men: In March 1989, this port. Sprint appointed 150 employees from a load, is not restricted to dependent-care law firm adopted a policy granting three- range of company divisions to 11 career and needs. Most often it is new mothers who take month paid parental leaves for male and fe- family action teams. The teams developed advantage of the policy, which entitles them male associates. The policy dictates that the blueprint of the FamilyCare program. to take up to an eight-month, full-time pa- ‘‘eligibility for partnership consideration Announced in July 1989, FamilyCare provides rental leave. After this leave ends, the firm shall not be affected in any way by the fact flexible work schedules, a dependent-care re- permits the associate to work part-time for that an associate has been on child care source and referral service, adoption assist- up to six months. If the arrangement does leave, although the timing of such consider- ance, personal and family counseling, work- not jeopardize the needs of the practice, an ation may be affected if the leave or leaves ing partner relocation assistance, and flexi- employee can request to work part-time in- are for extended periods.’’ To qualify for the ble health-care benefits. definitely. paternity leave, new fathers must be the pri- Arthur Andersen & Co.; Flexible Work Pro- Skadden, Arps, Slate, Meagher & Flom; mary caregiver in the family and must have gram: The program allows female or male Part-time policy: In 1981, the law firm adopt- been employed by the firm for at least a managers to return to work on a part-time ed a policy allowing attorneys with two year. basis for up to three years following the years of experience at the firm to work part- Allstate Insurance Company, American Ex- birth or adoption of a child, while maintain- time. In 1984, the option was expanded to in- press Company, Amoco Corporation, IBM, ing the benefits of a full-time employee. An- clude new recruits. The policy has no restric- Johnson & Johnson, Motorola, Inc., The dersen clearly communicates that managers tions in terms of duration. While part-time Travelers, Xerox Corporation, and Work/ who work part-time at some point in their attorneys are not on the partnership track, Family Directions; The American Business careers will remain eligible for partnership; they can pursue partnership once they re- Collaboration for Quality Dependent Care: flexible work arrangements will lengthen an turn to full-time status. The program is championed by Allstate In- employee’s progression toward partnership, Steelcase, Inc.; Professional Job Sharing: surance Company, American Express Com- not derail it. After offering job-sharing for 6 years to non- pany, Amoco Corporation, IBM Corporation, Corning Glass Works, Inc.; Alternative Job exempt salaried employees, the company ex- Johnson & Johnson, Motorola, Inc., The Schedules: Corning’s policy states that ‘‘al- tended the option to its entire work force in Travelers, Xerox Corporation, and Work/

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4953 Family Directions. The collaboration is an Ms. MOSELEY-BRAUN. I thank the QUENTIN J. FRANKLIN, 000–00–0000 MICHAEL B. GAVRON, 000–00–0000 effort by 109 companies and 28 public and pri- Chair for his patience and thank the JAMES L. HANCOCK, 000–00–0000 vate organizations to ease the work/family Chair for staying awake and for his in- JAMES M. HARRIS, 000–00–0000 conflicts of their employees. This unique ef- KURT H. HILDEBRANDT, 000–00–0000 fort aims to increase the supply and enhance dulgence. KIMBERLEY L. JAMES, 000–00–0000 REX A. KITELEY, 000–00–0000 the quality of dependent care services for f SUSAN M. KRIZEK, 000–00–0000 their employees and the communities in WILLIAM D. LEONARD, 000–00–0000 which they live and work. The Collaboration RECESS UNTIL 9:30 A.M. GREGORY S. LEPKOWSKI, 000–00–0000 KRISTEN S. OVERSTREET, 000–00–0000 has invested more than $25 million in 300 de- TOMORROW ERIC L. PAGENKOPF, 000–00–0000 pendent care programs in 44 communities. PIERRE A. PELLETIER, 000–00–0000 American Express Company, J.P. Morgan, The PRESIDING OFFICER. Under ELIZABETH PETROCIK, 000–00–0000 and Philip Morris; Partnership for Eldercare: the previous order, the Senate now DAVID P. REGIS, 000–00–0000 DOUGLAS J. ROWLES, 000–00–0000 In collaboration with the New York City De- stands in recess until 9:30 a.m. tomor- ERIC S. SAWYERS, 000–00–0000 partment for the Aging, the program was de- row. COLETTE K. SCHEURER, 000–00–0000 veloped to assist employees with elder-care Thereupon, the Senate, at 11:12 p.m, MARK M. SCHEURER, 000–00–0000 support. The companies fund the program, GARRY H. SIMON, 000–00–0000 recessed until Friday, March 31, 1995, GORY R. SPURLING, 000–00–0000 and in turn, they choose Department of at 9:30 a.m. ALEXANDER E. STEWART, 000–00–0000 Aging services that best fit their needs and JOSEPH G. THOMAS, 000–00–0000 corporate cultures. Among them are on-site f JAMES F. VERREES, 000–00–0000 seminars for employees on such topics as PETER WECHGELAER, 000–00–0000 JEFFREY S. WEISS, 000–00–0000 legal and financial planning and nursing NOMINATIONS PERRY N. WILLETTE, 000–00–0000 home placement, individual consultation to Executive nominations received by THE FOLLOWING–NAMED NAVAL ACADEMY GRAD- assess the elder-care needs of employees and UATES TO BE APPOINTED PERMANENT ENSIGNS IN THE to refer employees to appropriate resources, the Senate March 30, 1995: LINE OR STAFF CORPS OF THE U.S. NAVY, PURSUANT TO an elder-care counseling ‘‘hot-line,’’ and INSTITUTE OF AMERICAN INDIAN AND ALASKA TITLE 10, UNITED STATES CODE, SECTION 531: technical assistance for human resources NATIVE CULTURE AND ARTS DEVELOPMENT NAVAL ACADEMY GRADUATES professionals in designing and commu- CATHERINE BAKER STETSON, OF NEW MEXICO, TO BE A nicating elder-care benefits packages. Rep- MEMBER OF THE BOARD OF TRUSTEES OF THE INSTI- To be ensigns TUTE OF AMERICAN INDIAN AND ALASKA NATIVE CUL- resentatives from sponsoring companies CHARLES S. ABBOT, 000–00–0000 TURE AND ARTS DEVELOPMENT FOR THE REMAINDER meet on a regular basis to discuss the status, OF THE TERM EXPIRING MAY 19, 2000, VICE LA DONNA DOUGLAS W. ABERNATHY, 000–00–0000 strategies, and goals of the partnership. HARRIS, RESIGNED. RAFAEL A. ACEVEDO, 000–00–0000 Champion International Corporation; On- PAUL V. ACQUAVELLA, 000–00–0000 IN THE ARMY SOWON S. AHN, 000–00–0000 site child care center: Based on an employee CHRISTOPHER F. AKINS, 000–00–0000 survey indicating child care as a major con- THE FOLLOWING-NAMED OFFICERS TO BE PLACED ON RAYMOND J. ALBARADO II, 000–00–0000 cern, and strong support from its Chief Exec- THE RETIRED LIST IN THE GRADE INDICATED UNDER REBECCA D. ALLEN, 000–00–0000 THE PROVISIONS OF TITLE 10, UNITED STATES CODE, ALESSANDRO V. ALVEARIO, 000–00–0000 utive Officer, the company opened an on-site SECTION 1370: RAFFAELE G. AMENDOLA, 000–00–0000 child care center in 1988. The 4,900-square- To be lieutenant general BRIAN P. ANDERSON, 000–00–0000 foot center, housed in an office building ad- JEFFERY G. ANDERSON, 000–00–0000 jacent to corporate headquarters, was imagi- CHARLES E. DOMINY, 000–00–0000 JENNIFER L. ANDERSON, 000–00–0000 KENNETH R. WYKLE, 000–00–0000 JON M. ANDERSON, 000–00–0000 natively designed by an architect with expe- THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE THEODORE J. ANDREWS, 000–00–0000 rience in child care center planning. Each DUTY LIST, FOR PROMOTION TO THE GRADES INDICATED TRACIE L. ANDRUSIAK, 000–00–0000 age group has a separate room, and a com- IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 AOLE F. ANSARI, 000–00–0000 AND 628, TITLE 10, UNITED STATES CODE. THE OFFICERS CAROL P. ARGAO, 000–00–0000 plex security system ensures safety and IDENTIFIED WITH AN ASTERISK ARE ALSO BEING NOMI- MATTHEW J. ARMAS, 000–00–0000 proper visitor identification. While the cen- NATED FOR APPOINTMENT IN THE REGULAR ARMY. MICHAEL D. ARMIJO, 000–00–0000 ter is open to the community, children and DERICK S. ARMSTRONG, 000–00–0000 MEDICAL CORPS grandchildren of Champion employees are MICHAEL S. ARNOLD, 000–00–0000 To be lieutenant colonel BRAD L. ARTERY, 000–00–0000 given preference. Currently, the center pro- LAURIE E. ATHERHOLT, 000–00–0000 vides care for 60 children aged three months *RUSSELL R. MOORES, JR., 000–00–0000 BARRY H. AUSTIN, 000–00–0000 to five years, and a waiting list exists. In KENNETH G. PHILLIPS, 000–00–0000 COREY M. AVENS, 000–00–0000 *JON A. PROCTOR, 000–00–0000 JAMES A. AVERA, 000–00–0000 keeping with Champion’s commitment to ac- MARC X. BACA, 000–00–0000 cessible, high-quality care, the center is ac- To be major CHRISTOPHER G. BAILEY, 000–00–0000 credited by the National Association for the CLYDE L. JOHNSON, 000–00–0000 JACOB A. BAILEYDAYSTAR, 000–00–0000 ROY D. WELKER, 000–00–0000 BRIAN G. BAKER, 000–00–0000 Education of Young Children. ERIK R. BAKER, 000–00–0000 IBM; Elder Care Referral Service (ECRS): MEDICAL SERVICE CORPS MICHAEL L. BAKER, 000–00–0000 IBM introduced its Elder Care Referral Serv- To be lieutenant colonel ROBERT C. BANDY, 000–00–0000 ice in February 1988 to ease the caregiving AMY R. BARANSKI, 000–00–0000 MICHAEL J. SMITH, 000–00–0000 BRENDON M. BARBER, JR., 000–00–0000 responsibilities of its U.S. employees, retir- SEAN L. BARTLETT, 000–00–0000 ees, and their spouses. Through a nationwide IN THE AIR FORCE RAQUEL BARTON, 000–00–0000 DAVID H. BASSETT, 000–00–0000 network of 200 community-based organiza- THE FOLLOWING MIDSHIPMEN, U.S. NAVAL ACADEMY, JAMES S. BATES III, 000–00–0000 tions, ECRS provides personalized telephone FOR APPOINTMENT AS SECOND LIEUTENANT IN THE BRIAN E. BEAUDOIN, 000–00–0000 consultation, which educates employees on REGULAR AIR FORCE, UNDER THE PROVISIONS OF SEC- ROSALIE E. BECSEY, 000–00–0000 TIONS 531 AND 541, TITLE 10, UNITED STATES CODE, WITH RYAN J. BEDNER, 000–00–0000 elder care issues and refers them to services DATES OF RANK TO BE DETERMINED BY THE SEC- CLAYBORNE H. BEERS, 000–00–0000 or care providers in the area in which their RETARY OF THE AIR FORCE STEVEN J. BELLACK, 000–00–0000 dependent relative resides. IBM offers the re- REGULAR AIR FORCE ALEXANDRA L. BENNETT, 000–00–0000 ferral service on a prepaid contractual basis, MICHELE BENNETT, 000–00–0000 To be second lieutenant MATTHEW L. BERAN, 000–00–0000 while the employee or older relative selects JULIE A. BERGESS, 000–00–0000 and pays for the actual care provided. ROBERT D. CURRY, 000–00–0000 JOEL P. BERNARD, 000–00–0000 Stride Rite Corporation; On-site DARIN A. HUNTER, 000–00–0000 CHRISTOPHER A. BERONIO, 000–00–0000 AMY E. HUTCHISON, 000–00–0000 CHARLES H. BERTRAND, 000–00–0000 intergenerational center: Opened in March STEPHEN T. JORDAN, 000–00–0000 TIMOTHY C. BERZINS, 000–00–0000 1990, the center was the first of its kind to be PAUL S. REHOME, 000–00–0000 MARCUS J. BESLIN, 000–00–0000 sponsored by an American company. To as- WARD Y. TOM, 000–00–0000 BRIAN K. BIRD, 000–00–0000 IN THE NAVY HAROLD D. BLACKMON, JR, 000–00–0000 sist with the center, Stride Rite has enlisted PETER M. BLAKE, 000–00–0000 the help of Wheelock College, a Boston-based THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- BASIL A. BLASTOS, 000–00–0000 school that specializes in child care and fam- CERS TO BE APPOINTED PERMANENT LIEUTENANT IN CHARLES T. BLOCKSIDGE, 000–00–0000 THE MEDIAL CORPS OF THE U.S. NAVY, PURSUANT TO JEFFERY L. BOAZ, 000–00–0000 ily studies, and Somerville-Cambridge Elder TITLE 10, UNITED STATES CODE, SECTION 531. STEPHEN L. BOCANEGRA, 000–00–0000 Services, a local nonprofit agency that pro- LAURA H. BOLLOCK, 000–00–0000 vides assistance to the elderly. At full capac- MEDICAL CORPS MICHAEL S. BONNETT, 000–00–0000 ity, the center accommodates 55 children To be lieutenant MOLLY J. BORON, 000–00–0000 DAVID M. BOXMEYER, 000–00–0000 (ranging in age from 15 months to 6 years), VANITA AHVJA, 000–00–0000 MICHAEL A. BRADY, 000–00–0000 and 24 adults age 60 and over. To foster the CHAD M. BAASEN, 000–00–0000 JASON K. BRANDT, 000–00–0000 relationship between children and elders, the JOSEPH P. BARRION, 000–00–0000 FRANK E. BRANDON, 000–00–0000 FRANK M. BISHOP, 000–00–0000 JOHN A. BRATTAIN, 000–00–0000 center sponsors such activities as reading JEFFREY W. BITTERMAN, 000–00–0000 RICHARD L. BREWSTER, 000–00–0000 and writing stories, playing games, cele- JOHN F. BOGARD, 000–00–0000 REUBEN E. BRIGETY, II, 000–00–0000 brating holidays, cooking and arts and LISA M. CARTWRIGHT, 000–00–0000 STEPHEN G. BROOKS, 000–00–0000 ALEXANDER B. CHAO, 000–00–0000 PATRICK J. BROPHY, 000–00–0000 crafts. It is open to employees as well as to MICHAEL E. COMPEGGIE, 000–00–0000 TIMOTHY M. BROSNAN, 000–00–0000 members of the community, some of whom JOHN A. CRADDOCK, 000–00–0000 ARTHUR K. BROWN, 000–00–0000 receive state-subsidized membership. There MARGARET T. DUPREE, 000–00–0000 BRADY A. BROWN, 000–00–0000 STEPHEN L. FERRARA, 000–00–0000 JAMES S. BROWN, 000–00–0000 is a sliding-scale fee structure based upon MARC H. FOGELSON, 000–00–0000 RYAN N. BRUINGTON, 000–00–0000 family income. JERRY R. FOLTZ, 000–00–0000 NICOLAS J. BRUNO, 000–00–0000

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4954 CONGRESSIONAL RECORD — SENATE March 30, 1995

ALETHEA A. BRYAN, 000–00–0000 HEATH E. EPALOOSE, 000–00–0000 JAMES P. HOLLAND, 000–00–0000 WILLIAM H. BUCEY III, 000–00–0000 BRIAN C. ERICKSON, 000–00–0000 CALE M. HOLMAN, 000–00–0000 TRISHA R. BUCHINGER, 000–00–0000 MICHEAL S. ERICKSON, 000–00–0000 DANIEL J. HOLMAN, 000–00–0000 TIMOTHY B. BULLER, 000–00–0000 CHRISTOPHER H. ERSKINE, 000–00–0000 THOMAS H. HOOVER, 000–00–0000 ROBERT M. BULLOCK, 000–00–0000 RICARDO M. ESCANDON, 000–00–0000 JOHN C. HOPPER, 000–00–0000 COREY A. BURCHILL, 000–00–0000 DEVIN P. ESPINDLE, 000–00–0000 MICHAEL L. HORN, 000–00–0000 DAVID E. BURKE, 000–00–0000 TREVOR B. ESTES, 000–00–0000 MOTISOLA T. HOWARD, 000–00–0000 JASON O. BURKHOLDER, 000–00–0000 JAMES J. FABISZAK, 000–00–0000 CARLTON R. HOYE, 000–00–0000 KEITH D. BURNEY, 000–00–0000 DAVID J. FAEHNLE, 000–00–0000 MICHAEL G. HRITZ, 000–00–0000 NATHAN D. BURNS, 000–00–0000 DENNIS L. FARRELL, 000–00–0000 HEIDI J. HUERTER, 000–00–0000 WILLIAM A. BURNS, 000–00–0000 CHRISTIAN P. FASSARI, 000–00–0000 JESSIE D. HUGHES, JR, 000–00–0000 HAROLD W. BUSBY, 000–00–0000 VIRGIL W. FENTERS, JR, 000–00–0000 MEGAN J. HUMBERT, 000–00–0000 BRADLEY W. BUSCH, 000–00–0000 RONALD L. FINCH, JR, 000–00–0000 JONATHAN R. HURST, 000–00–0000 JAMES L. BUTLER, JR, 000–00–0000 TODD C. FINK, 000–00–0000 GARY J. HUSS, 000–00–0000 CLAY P. CALLAHAM, 000–00–0000 KENNETH Q. FIONDA, 000–00–0000 BRYAN P. HYDE, 000–00–0000 JEFFREY M. CALLERY, 000–00–0000 JASON B. FITCH, 000–00–0000 CHRISTOPHER H. INSKEEP, 000–00–0000 JONATHAN D. CALVERT, 000–00–0000 BRIAN T. FITTING, 000–00–0000 THEODORE W. JACKSON, 000–00–0000 ERROL A. CAMPBELL, JR, 000–00–0000 BRIAN M. FITZPATRICK, 000–00–0000 KIM M. JAGIELLO, 000–00–0000 GARRETT I. CAMPBELL, 000–00–0000 KAREN M. FLAHERTY, 000–00–0000 JONATHAN M. JAGIELSKI, 000–00–0000 JOHN E. CAMPBELL, JR, 000–00–0000 CHRISTOPHER D. FLIS, 000–00–0000 DONALD R. JAMIOLA, JR, 000–00–0000 CHRISTOPHER H. CANALES, 000–00–0000 MICHAEL A. FLYNN, 000–00–0000 ELIZABETH K. JAMISON, 000–00–0000 KELLY M. CANTLEY, 000–00–0000 ERIC C. FOLLESTAD, 000–00–0000 KURT E. JANKE, 000–00–0000 SCOTT W. CARGILL, 000–00–0000 ROBERT G. FONTENOT, 000–00–0000 JUSTIN M. JARSKI, 000–00–0000 MIKA K. CARLON, 000–00–0000 ROBERT A. FORTT, 000–00–0000 MICHAEL N. JEFFERSON, 000–00–0000 ANDREW F. CARLSON, 000–00–0000 THOMAS F. FOSTER, JR., 000–00–0000 DAVID T. JENKINS, JR, 000–00–0000 SCOTT M. CARMODY, 000–00–0000 JOSEPH S. FOX, 000–00–0000 PETER R. JENSEN, 000–00–0000 ARTHUR D. CASTILLO, JR, 000–00–0000 KELLEY A. FREDERICKSON, 000–00–0000 POUL H. JENSEN, 000–00–0000 MAX K. CASTO, 000–00–0000 JOSEPH C. FREEBORN, 000–00–0000 MATTHEW J. JERBI, 000–00–0000 ANDREW M. CAWLFIELD, 000–00–0000 JOEY L. FREEMAN, 000–00–0000 ROBERT B. JOHNS, 000–00–0000 TAMARA L. CHASE, 000–00–0000 BRIAN E. FREY, 000–00–0000 STEVEN J. JOHNSON, 000–00–0000 AMANDA B. CHASTEEN, 000–00–0000 JONATHON E. FREY, 000–00–0000 WILLIAM E. JOHNSTON, 000–00–0000 ALEX M. CHEHANSKY, 000–00–0000 MATTHEW M. FRICK, 000–00–0000 CARLA D. JONES, 000–00–0000 MICHAEL C. CHESTERMAN, 000–00–0000 JERALD W. FROEHNER, 000–00–0000 FRANCIS M. JONES, JR, 000–00–0000 RYAN T. CHRISTOPHER, 000–00–0000 CHAD R. FROELICH, 000–00–0000 GREGORY C. JONES, 000–00–0000 CHRISTOPHER L. CHURCHILL, 000–00–0000 SEAN D. FUJIMOTO, 000–00–0000 KATIE M. JONES, 000–00–0000 DAVID A. CISNEROS, 000–00–0000 CYNTHIA M. FULMER, 000–00–0000 RALPH C. JONES, JR, 000–00–0000 ALLISON A. CLARK, 000–00–0000 BRENT N. FULTON, 000–00–0000 JEREMY E. JORGENSON, 000–00–0000 BRIAN J. CLARK, 000–00–0000 BLANCA A. FUNES, 000–00–0000 GARRICK M. JOSEPH, 000–00–0000 MICHAEL W. CLAYTON, 000–00–0000 CARLOS A. GALAN, JR., 000–00–0000 PAUL W. JUDGE, 000–00–0000 ELLIOTT I. CLEMENCE IV, 000–00–0000 PATRICK J. GALLAGHER, 000–00–0000 JEREMY P. JURKOIC, 000–00–0000 JOSE–ANTONIO COBOS, 000–00–0000 HARRY E. GALLOWAY, JR., 000–00–0000 DANIEL S. JURTA, 000–00–0000 BRIAN J. COCHRAN, 000–00–0000 BALDOMERO GARCIA, JR., 000–00–0000 PAUL J. KANE III, 000–00–0000 RICHARD T. COCHRANE, 000–00–0000 JONATHAN C. GARCIA, 000–00–0000 STEPHEN M. KARSON, 000–00–0000 RICHARD E. COE, 000–00–0000 JORGE F. GARCIA, 000–00–0000 MATTHEW D. KASLIK, 000–00–0000 ANDRE L. COLEMAN, 000–00–0000 NICKOLAS G. GARCIA, 000–00–0000 CHRISTOPHER S. KATZENMILLER, 000–00–0000 WILLIAM E. COLEMAN, JR, 000–00–0000 DAVID M. GARDELLA, 000–00–0000 MATTHEW J. KAWAS, 000–00–0000 DAVID L. COLLINS, JR, 000–00–0000 CAMILLE A. GARRETT, 000–00–0000 BLAIR A. KEITHLEY, 000–00–0000 CHANDLER T. COMERFORD, 000–00–0000 WILLIAM M. GARRETT, 000–00–0000 EDWARD J. KELLEY III, 000–00–0000 KELLY J. CONJELKO, 000–00–0000 ERIC T. GATES, 000–00–0000 KEITH A. KELLEY, 000–00–0000 BRENDAN M. CONLON, 000–00–0000 JOSEPH L. GEARY, 000–00–0000 KREG L. KELLY, 000–00–0000 ROBERT A. CONNORS, 000–00–0000 DONALD L. GEORGE, JR., 000–00–0000 STEVEN G. KELSEY, 000–00–0000 HEATHER L. CONVERSE, 000–00–0000 RONALD A. GIBSON, 000–00–0000 GEORGE A. KESSLER, JR, 000–00–0000 ROBERT F. COOGAN, 000–00–0000 BRIAN T. GILHOOLY, 000–00–0000 RYAN T. KEYS, 000–00–0000 CHRISTOPHER J. COOK, 000–00–0000 ZACHARY K. GILLEN, 000–00–0000 CHRISTOPHER A. KIJEK, 000–00–0000 BRIAN M. COOPER, 000–00–0000 JAMES T. GILSON, 000–00–0000 MARK S. KIM, 000–00–0000 WESLEY W. COOPER, 000–00–0000 JOSEPH C. GIRARD, 000–00–0000 ANGELA C. KING, 000–00–0000 CHRISTOPHER S. CORNETT, 000–00–0000 ANDREW P. GNAU, 000–00–0000 BRIAN L. KING, 000–00–0000 NOEL M. CORPUS, 000–00–0000 JAMES E. GOLLADAY II, 000–00–0000 MICHAEL F. KING, 000–00–0000 LYNNE A. CORSO, 000–00–0000 ERIKA L. GOMPERS, 000–00–0000 CORTNEY D. KINNAN, 000–00–0000 RICHARD A. COSTELLO, 000–00–0000 ANTHONY R. GONZALEZ, 000–00–0000 EDWARD J. KINSELLA, 000–00–0000 CARL D. COX, 000–00–0000 ANTHONY R. GONZALEZ, 000–00–0000 JON R. KIRSCH, 000–00–0000 CHRISTOPHER A. COX, 000–00–0000 CHRISTY J. GOODE, 000–00–0000 MICHAEL J. KIRWAN, 000–00–0000 RYAN M. COX, 000–00–0000 JOE A. GOODMAN II, 000–00–0000 DENNIS W. KLEIN, 000–00–0000 EUGENE R. CRAN III, 000–00–0000 ERIC GORALNICK, 000–00–0000 AARON E. KLEINMAN, 000–00–0000 PAUL A. CROCI, 000–00–0000 KEVIN GORDON, 000–00–0000 ROBERT W. KLEMEYER, 000–00–0000 SAMYA V. CRUZ, 000–00–0000 JEFFREY F. GOTTLIEB, 000–00–0000 BRIGAND W. KLINE, 000–00–0000 CATHERINE E. CUNNINGHAM, 000–00–0000 HENRY L. GOURDINE, 000–00–0000 CHRISTOPHER L. KLIPP, 000–00–0000 RIEL M. CUSTODIO, 000–00–0000 LARRY R. GREEN, JR., 000–00–0000 RICHARD P. KNAPP, 000–00–0000 MICHAEL B. DAVIES, 000–00–0000 JOSEPH L. GREESON, 000–00–0000 BRIAN S. KNOWLES, 000–00–0000 MICHAEL A. DAVIS, JR, 000–00–0000 EDWARD T. GROTH, 000–00–0000 JOONG S. KO, 000–00–0000 ANGEL M. DAWKINS, 000–00–0000 KENNETH W. GRZYMALSKI, 000–00–0000 KURT A. KOCHENDARFER, 000–00–0000 JOSHUA H. DECARO, 000–00–0000 DANIEL J. GUERRIERI, 000–00–0000 KARL E. KOHLER, 000–00–0000 DANIEL N. DECIECHI, 000–00–0000 GREGORY L. GUIDRY, 000–00–0000 NEIL A. KOPROWSKI, 000–00–0000 JEFFERY S. DEITENBECK, 000–00–0000 JESKO M. HAGEE, 000–00–0000 GIOVANNA L. KOSTRUBALA, 000–00–0000 JOSEPH D. DELASKI, 000–00–0000 JOHN R. HAHN, 000–00–0000 KRISTINE N. KOTT, 000–00–0000 NANCY L. DELAVAN, 000–00–0000 THOMAS J. HALL, JR, 000–00–0000 KARA A. KOULOHERAS, 000–00–0000 BRIAN E. DELUTIO, 000–00–0000 SHANE P. HALLORAN, 000–00–0000 KEVIN M. KOZAK, 000–00–0000 LUIZ R. DEMOURA, 000–00–0000 DOUGLAS R. HALTER, 000–00–0000 JOHN D. KRALL, 000–00–0000 ERIC L. DENIS, 000–00–0000 TROY D. HAMILTON, 000–00–0000 SCOTT D. KREMEIER, 000–00–0000 JAMES D. DETWILER, 000–00–0000 PATRICK D. HANEY, 000–00–0000 ERIK S. KRISTENSEN, 000–00–0000 DANIEL A. DEVOS, 000–00–0000 CHRISTOPHER W. HANSHAW, 000–00–0000 JAMES A. KUBIAK, 000–00–0000 THOMAS J. DICKINSON, 000–00–0000 KEITH R. HANSON, 000–00–0000 BRIAN C. KURZEJA, 000–00–0000 PATRICK D. DIFILIPPO, 000–00–0000 BRIAN K. HARBISON, 000–00–0000 RAPHAEL P. KUYLER, 000–00–0000 MICHAEL E. DIGMAN, 000–00–0000 RYAN T. HARDEE, 000–00–0000 KURT A. KYLE, 000–00–0000 JAMES W. DILLON, 000–00–0000 VICTOR E. HARE, 000–00–0000 RAMON I. LAMAS, 000–00–0000 ROBERT L. DINUNZIO, JR, 000–00–0000 ROGER T. HARLAN, 000–00–0000 TIMOTHY S. LANQUIST, 000–00–0000 ROBERT J. DISPALDO, 000–00–0000 BENJAMIN W. HARRIS, 000–00–0000 LANCE C. LANTIER, 000–00–0000 DAMON B. DIXON, 000–00–0000 RICHARD J. HARRISON, 000–00–0000 MICHAEL C. LAPAGLIA, 000–00–0000 ANDREW T. DOMBROWSKI, 000–00–0000 GARRY A. HARSANYI, 000–00–0000 PETER A. LASHOMB, 000–00–0000 BRUCE J. DONALD, 000–00–0000 JAMES S. HARTER, 000–00–0000 JEFFREY F. LASTFOGEL, 000–00–0000 KEVIN T. DONEY, 000–00–0000 JAMES L. HASAN, 000–00–0000 GEORGE M. LAWLER, 000–00–0000 PENELOPE G. DONNELLY, 000–00–0000 MICHAEL J. HASSENGER, 000–00–0000 THOMAS J. LAWRENCE, 000–00–0000 KATHERINE T. DOOLEY, 000–00–0000 JENNIFER R. HAUSER, 000–00–0000 KENNETH E. LEAK, 000–00–0000 THAVEEPHONE DOUANGAPHAIVONG, 000–00–0000 ROBERT E. HAWTHORNE III, 000–00–0000 DARRON D. LEE, 000–00–0000 LAMAR B. DOUBERLY, 000–00–0000 ERIC D. HAYES, 000–00–0000 YOSH A. LEHMAN, 000–00–0000 JOHN E. DOUGHERTY IV, 000–00–0000 DION C. HAYLE, 000–00–0000 SUZANNE M. LESKO, 000–00–0000 JAMES B. DOUGLASS, JR, 000–00–0000 SYLVESTER L. HEATH, 000–00–0000 JOSHUA D. LEVY, 000–00–0000 JOHN J. DOWD, 000–00–0000 DANIEL C. HEDRICK, 000–00–0000 STEPHEN L. LEWIS, 000–00–0000 PAMELA C. DOZIER, 000–00–0000 JEFFREY L. HEIDSIECK, 000–00–0000 BRIAN T. LINDOERFER, 000–00–0000 SCOTT DRAYTON, 000–00–0000 ROGER D. HEINKEN, JR, 000–00–0000 MICHELE L. LOBRITZ, 000–00–0000 BRENDON G. DREW, 000–00–0000 ROBERT V. HENDERSON III, 000–00–0000 JULIE A. LOMPA, 000–00–0000 JAY W. DRISKELL, 000–00–0000 THOMAS W. HENNEBERG, 000–00–0000 MATTHEW D. LONG, 000–00–0000 MICHAEL A. DUBE, 000–00–0000 DANIEL S. HERKALO, 000–00–0000 ABDEL I. LOPEZ, 000–00–0000 ERIC M. DUDLEY, 000–00–0000 DANIEL A. HERMAN, 000–00–0000 MARCUS LOPEZ, 000–00–0000 HELEN H. DUDLEY, 000–00–0000 ALBERTO HERNANDEZ II, 000–00–0000 MICHAEL J. LOPEZ, 000–00–0000 JOHN S. DUENAS, 000–00–0000 JAVIER HERNANDEZ, 000–00–0000 JAMES A. LORETO, JR, 000–00–0000 DAVID G. DUFF, 000–00–0000 AMY L. HEWETT, 000–00–0000 JOHN T. LOWELL, 000–00–0000 BRENDAN J. DUFFY, 000–00–0000 JOSHUA J. HILBY, 000–00–0000 ERIC T. LOWMAN, 000–00–0000 DAVID S. DULL, 000–00–0000 JOHN L. HILDEBRANDT IV, 000–00–0000 JEFFREY D. LOZINGER, 000–00–0000 KATHLEEN E. DUNNE, 000–00–0000 WESLEY A. HILDEBRANDT, 000–00–0000 LEAH A. LUCERO, 000–00–0000 STANLEY D. DUPLAGA, 000–00–0000 JEREMY R. HILL, 000–00–0000 SCOTT C. LUERS, 000–00–0000 BRYAN L. DURAN, 000–00–0000 MATTHEW P. HILL, 000–00–0000 GORDON J. LYSSY, 000–00–0000 KYLE P. DURAND, 000–00–0000 MEGAN K. HINES, 000–00–0000 DOUGLAS S. MACKENZIE, 000–00–0000 KENNETH A. EBERT, 000–00–0000 SCOTT D. HOCHWALD, 000–00–0000 CHRISTOPHER D. MACMILLAN, 000–00–0000 MATTHEW D. EBY, 000–00–0000 PAUL A. HOCKRAN, 000–00–0000 JOHN A. MADRID, 000–00–0000 ROBERT E. EDWARDS, JR, 000–00–0000 CHRISTOPHER M. HODRICK, 000–00–0000 CAROLINE E. MAGEE, 000–00–0000 GREGORY K. EMERY, 000–00–0000 JENNIFER HOLDEN, 000–00–0000 RYAN K. MAHELONA, 000–00–0000

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00118 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4955

RONNIE E. MAHOFSKI, 000–00–0000 RUBEN RAMOS, 000–00–0000 KERRY A. STERCULA, 000–00–0000 DANIEL P. MALATESTA, 000–00–0000 BARTLEY A. RANDALL, 000–00–0000 SANDRA L. STEVENS, 000–00–0000 JAMES H. MARTINDALE, 000–00–0000 WILLIAM E. REAGAN, 000–00–0000 MICHAEL J. STINSON, 000–00–0000 DAVID F. MARUNA II, 000–00–0000 CHRISTOPHER A. REAGHARD, 000–00–0000 DAVID M. STPIERRE, 000–00–0000 RICHARD M. MASICA, 000–00–0000 SUSAN J. REDDICK, 000–00–0000 JOHN A. STRICKLAND, 000–00–0000 WILLIAM E. MASKE, 000–00–0000 WILLIAM R. REED, 000–00–0000 SCOTT A. STRINGER, 000–00–0000 CRAIG T. MATTINGLY, 000–00–0000 CHARLES D. REESE, 000–00–0000 JASON M. STRIPINIS, 000–00–0000 MARK W. MATTOX, 000–00–0000 LINCOLN M. REIFSTECK, 000–00–0000 BRENT M. STRONG, 000–00–0000 MATTHEW K. MAUPIN, 000–00–0000 JOSE L. RETA, 000–00–0000 RANDY L. STUDT, 000–00–0000 STEVEN J. MAURO, 000–00–0000 JON S. REYNOLDS, 000–00–0000 MICHAEL A. SUCH, 000–00–0000 EDWARD J. MAYLE, 000–00–0000 FRANK A. RHODES IV, 000–00–0000 DANIEL J. SULLIVAN, 000–00–0000 RUSSELL A. MAYNARD, 000–00–0000 EYRAN E. RICHARDS, 000–00–0000 GARY R. SULLIVAN, 000–00–0000 WILLIAM S. MCCRACKEN, 000–00–0000 CHRISTA A. RICHARDSON, 000–00–0000 BRIAN D. SWANSON, 000–00–0000 JODY L. MCCULLOUGH, 000–00–0000 DAVID K. RICHARDSON, 000–00–0000 MICHAEL Z. SZILARD, 000–00–0000 EARL L. MCDOWELL, 000–00–0000 JASON E. RIMMER, 000–00–0000 WILLIAM R. TAFF, JR, 000–00–0000 BRANNEN G. MCELMURRAY, 000–00–0000 KURT A. RINEHIMER, 000–00–0000 ERIC W. TANSKY, 000–00–0000 BROOKS B. MCFEELY, 000–00–0000 CESAR G. RIOS, JR, 000–00–0000 CHRISTOPHER J. TARSA, 000–00–0000 MICHAEL C. MCGARITY, 000–00–0000 JASON E. RITZ, 000–00–0000 JOSEPH K. TAYLOR, JR, 000–00–0000 ROBERT S. MCHENRY, 000–00–0000 ROBERT A. RIVERA, 000–00–0000 SPENCER C. TEMPLETON, 000–00–0000 JAMES A. MCMULLIN III, 000–00–0000 CHRISTOPHER J. ROBB, 000–00–0000 WADE D. THARRINGTON, JR, 000–00–0000 BRIAN J. MCPHEETERS, 000–00–0000 DEBORAH J. ROBERGE, 000–00–0000 ERIC C. THIEL, 000–00–0000 MARCELLA R. 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SCHUDEL, 000–00–0000 JEFFREY R. WEBB, 000–00–0000 MARK W. NAVE, 000–00–0000 BRUCE G. SCHUETTE, 000–00–0000 CHRISTOPHER S. WELLER, 000–00–0000 MARK E. NEFF, 000–00–0000 EMILY L. SCHUETTE, 000–00–0000 THOMAS R. WESTHUSIN, 000–00–0000 THOMAS J. NEVILLE III, 000–00–0000 KATHERINE J. SCHULLIAN, 000–00–0000 CHRISTOPHER H. WHEELER, 000–00–0000 DANIEL A. NOWICKI, 000–00–0000 BRIAN W. SCHULTZ, 000–00–0000 BRYAN D. WHITE, 000–00–0000 CHRISTOPHER B. OGNEK, 000–00–0000 ELIZABETH R. SCOONOVER, 000–00–0000 JASON L. WHITE, 000–00–0000 MICHAEL P. O’HARA, 000–00–0000 ADAM T. SCOTT, 000–00–0000 CRAIG M. WHITTINGHILL, 000–00–0000 PATRICK N. OLSEN, 000–00–0000 WILLIAM M. SENA, 000–00–0000 KARL W. WICK, 000–00–0000 ROWENA E. OLSON, 000–00–0000 JEFFREY R. SEXTON, 000–00–0000 ERIC WIDMAN, 000–00–0000 JUSTIN P. ORLICH, 000–00–0000 NEIL G. SEXTON, 000–00–0000 BRETT K. WILCOX, 000–00–0000 DAVID A. ORLOSKY, 000–00–0000 BORIS SHAPIRO, 000–00–0000 DOUGLAS L. WILLIAMS, 000–00–0000 ANTON D. ORR, 000–00–0000 STEPHEN F. SHEDD, 000–00–0000 JODY C. WILLIAMS, 000–00–0000 MICHAEL J. ORR, 000–00–0000 MICHAEL E. SHEEDY, 000–00–0000 KERRY C. WILLIAMS, 000–00–0000 JESSICA M. OSBORNE, 000–00–0000 JAMES D. SHELL, 000–00–0000 REGINAL L. WILLIAMS, 000–00–0000 DAVID M. OVERCASH, 000–00–0000 SCOTT R. SHEPARD, 000–00–0000 TIFFANNY L. WILLIAMS, 000–00–0000 ARVIS D. OWENS, 000–00–0000 CAROLYN A. SHULL, 000–00–0000 MARK A. WILLIAMSON, 000–00–0000 FRANK E. PAGURA, 000–00–0000 BENJAMIN A. SHUPP, 000–00–0000 JASON G. WILLISCROFT, 000–00–0000 JOHN N. PALAZZA, 000–00–0000 JAMES K. SIEVERT, 000–00–0000 ARTHUR E. WILLS, 000–00–0000 MAURICE G. PARETS, 000–00–0000 ROBERT V. SIMONE, JR, 000–00–0000 DSUNTE L. WILSON, 000–00–0000 CARL L. PARKS, 000–00–0000 BRAXTON T. SISCO, 000–00–0000 PAUL H. WINGEART, 000–00–0000 JEFFREY B. PARSONS, 000–00–0000 ROBERT J. SITES, 000–00–0000 TIMOTHY M. WINTER, 000–00–0000 JAMES N. PATTERSON, 000–00–0000 JOHN W. SKARIN, 000–00–0000 CAROLYN M. WISNER, 000–00–0000 TIMOTHY W. PATTERSON, 000–00–0000 JAMES C. SKILLMAN, 000–00–0000 ROBERT A. WOLF, 000–00–0000 ERIK J. PAULSON, 000–00–0000 CHAD D. SLOAN, 000–00–0000 BYRON K. WOODARD, 000–00–0000 GREGORY K. PAVLYAK, 000–00–0000 RYAN J. SMALLEY, 000–00–0000 DEAN B. WORKMAN, 000–00–0000 ALVIN T. PAYNE, JR, 000–00–0000 GARTH E. SMELSER, 000–00–0000 CHAD A. WORTHLEY, 000–00–0000 PEDRO E. PAZ, 000–00–0000 CARL E. SMIT, 000–00–0000 SARAH L. WRIGHT, 000–00–0000 BRIAN J. PECK, 000–00–0000 CHARLES W. SMITH, 000–00–0000 WILLIAM D. WRIGHT, 000–00–0000 CHERYL L. PENCE, 000–00–0000 CHRISTOPHER L. SMITH, 000–00–0000 PAUL L. WYNNS, 000–00–0000 KENNETH J. PETER, 000–00–0000 CLINTON T. SMITH, 000–00–0000 MICHAEL J. YANKANICH, 000–00–0000 DAVID C. PETERSEN, 000–00–0000 DAVID R. SMITH, 000–00–0000 MICHAEL B. YESUNAS, JR, 000–00–0000 BRIAN M. PETERSON, 000–00–0000 J. W. SMITH, 000–00–0000 MICHAEL R. YORTY, 000–00–0000 CRAIG M. PETON, 000–00–0000 JEROME F. SMITH III, 000–00–0000 FORREST O. YOUNG, 000–00–0000 JOHN T. PHELAN, JR, 000–00–0000 JOE L. SMITH III, 000–00–0000 SCOTT D. YOUNG, 000–00–0000 MATTHEW F. PHELPS, 000–00–0000 JOSHUA A. SMITH, 000–00–0000 JULIE S. ZAVODNY, 000–00–0000 TIMOTHY J. PHELPS, 000–00–0000 ROBERT W. SMITH, 000–00–0000 GLENN M. ZEIGLER, 000–00–0000 ANIL PHULL, 000–00–0000 ROY E. SMITH, 000–00–0000 DAVID W. ZERFAS, 000–00–0000 JOHN P. PIENKOWSKI, 000–00–0000 SCOTT P. SMITH, 000–00–0000 VINCENT A. ZIZAK III, 000–00–0000 MICHAEL P. PIERCE, 000–00–0000 SHAWN C. SMITH, 000–00–0000 JOSHUA C. ZLOBA, 000–00–0000 ROBERT F. PIERONI, 000–00–0000 THOMAS C. SMITH, 000–00–0000 JAKE ZWEIG, 000–00–0000 MATTHEW D. PIORKOWSKI, 000–00–0000 JOHN P. SMOLEN, 000–00–0000 ROSS H. PIPER III, 000–00–0000 HAL S. SNAPP, 000–00–0000 THE FOLLOWING-NAMED NAVAL RESERVE OFFICER MICHELE A. POOLE, 000–00–0000 ANTHONY G. SOLLIDAY, 000–00–0000 TRAINING CORPS AND ENLISTED COMMISSIONING PRO- HARTLEY A. POSTLETHWAITE V, 000–00–0000 BRADLEY M. SOPER, 000–00–0000 GRAM GRADUATES TO BE APPOINTED PERMANENT EN- BRETTON S. POTTS, 000–00–0000 ADAM P. SPILLANE, 000–00–0000 SIGN IN THE LINE AND STAFF CORPS OF THE U.S. NAVY, NORMAN N. PRESECAN, 000–00–0000 JAMES M. SPIVEY, 000–00–0000 PURSUANT TO TITLE 10, UNITED STATES CODE, SECTION GREGORY M. PRITCHARD, 000–00–0000 NATHAN M. SPONG, 000–00–0000 531: RICHARD S. PUGH, 000–00–0000 ALBERT J. SPRENGER, JR, 000–00–0000 To be ensign DJAMAL PULLOM, 000–00–0000 DANA C. STAGGS, 000–00–0000 STEPHEN M. QUAILE, 000–00–0000 ZACHARY H. STAPLES, 000–00–0000 RYAN D. AARON, 000–00–0000 KEVIN S. QUEEN, 000–00–0000 ERIC JOSEPH A. STENZEL, 000–00–0000 WADE D. ABBOTT, 000–00–0000 ANDREA M. QUY, 000–00–0000 JAMES S. STEPHENS, 000–00–0000 ALAN C. ABER, 000–00–0000 JEREMIAH J. RABITOR, 000–00–0000 RYAN H. STEPHENS, 000–00–0000 KENNETH P. ABRAMS, 000–00–0000 SUNIL N. RAMCHAND, 000–00–0000 HENRY A. STEPHENSON, 000–00–0000 DOUBLAS C. ABTS, 000–00–0000

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00119 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4956 CONGRESSIONAL RECORD — SENATE March 30, 1995

DANIEL C. ADAMS II, 000–00–0000 DAVID W. BRICKEY, 000–00–0000 JOHN C. COWAN, 000–00–0000 DAVID C. ADAMS, 000–00–0000 CHRISTOPHER J. BRIDGES, 000–00–0000 FRANKLIN D. COX, 000–00–0000 EDWARD J. ALBERS, 000–00–0000 MICHAEL W. BRIGGS, 000–00–0000 RALPH B. COX, 000–00–0000 JERRY L. ALEXANDER, 000–00–0000 SONYA R. BRIGGS, 000–00–0000 BRIAN T. COXSON, 000–00–0000 KIRSTEN A. ALLAM, 000–00–0000 WESLEY P. BRINGHAM, 000–00–0000 WILLIAM M. CRANE, 000–00–0000 JOSEPH L. ALLEN, 000–00–0000 RICHARD M. BROCKMAN, 000–00–0000 JAMES W. CRATE, 000–00–0000 PAUL D. ALLEN, 000–00–0000 CHAD M. BROOKS, 000–00–0000 DAMARA L. CRAWLEY, 000–00–0000 ROBIN M. ALLEN, 000–00–0000 RYAN J. BROUGHTON, 000–00–0000 RICHARD B. CREWS, 000–00–0000 STEPHANIE B. ALLEN, 000–00–0000 DARRYL BROWN, 000–00–0000 CHRISTOPHER J. CRICK, 000–00–0000 QUAISON N. ALLEYNE, 000–00–0000 ERIC P. BROWN, 000–00–0000 JOHN A. CRIER, 000–00–0000 TARA L. ALLISON, 000–00–0000 MYRON M. BROWN, 000–00–0000 MARK E. CRITTENDEN, 000–00–0000 ROBERT S. ALTEMARI, 000–00–0000 THOMAS J. BROWNFIELD II, 000–00–0000 SCOTT E. CROFT, 000–00–0000 DANIEL A. ALTRUZ, 000–00–0000 ROBERT M. BRUCE, 000–00–0000 JENEAN C. CROMER, 000–00–0000 LUIS A. ALVAREZ, 000–00–0000 MATTHEW D. BRUDER, 000–00–0000 MARK W. CROOKS, 000–00–0000 JASON S. ALZNAUER, 000–00–0000 GABRIELE E. BRUNHART, 000–00–0000 HERMAN A. CRUZ, 000–00–0000 DAMON K. AMARAL, 000–00–0000 BRANDON S. BRYAN, 000–00–0000 JONATHAN P. CUNZEMAN, 000–00–0000 ALYSA L. AMBROSE, 000–00–0000 TIMOTHY J. BRYANT, 000–00–0000 JOSEPH W. CURTAIN, 000–00–0000 FRANKLIN J. ANDERS, 000–00–0000 GREGORY D. BUCHANAN, 000–00–0000 CHARLES T. CURTIS II, 000–00–0000 ERIK C. ANDERSON, 000–00–0000 ARIC W. BUCKLES, 000–00–0000 JOHN R. CUTTITTA, 000–00–0000 FRANCIS E. ANDERSON, 000–00–0000 ARON F. BUCKLES, 000–00–0000 JOHN T. DAGGETT, 000–00–0000 MARK D. ANDERSON, 000–00–0000 RICARDO BUENO, JR., 000–00–0000 THOMAS M. DALL, 000–00–0000 SHELLEY ANDERSON, 000–00–0000 CHAD E. BUERMELE, 000–00–0000 MICHAEL J. DALY, 000–00–0000 SUZETTE S. ANDERSON, 000–00–0000 DANIEL A. BUHR, 000–00–0000 JON C. DANCKWERTH, 000–00–0000 TIMOTHY A. ANDERSON, 000–00–0000 THOMAS J. BUNTING, 000–00–0000 SCOTT S. DANIEL, 000–00–0000 TODD D. ANDERSON, 000–00–0000 LARRY R. BUNTYN, 000–00–0000 ALEXANDER DAVILA, 000–00–0000 LISA M. ANDRES, 000–00–0000 STEPHAN L. BURGOS, 000–00–0000 HECTOR L. DAVILA, 000–00–0000 MARC A. ANGELONE, 000–00–0000 ELLIE L. BURNS, 000–00–0000 ANTONIO M. DAVIS, 000–00–0000 MICHAEL S. ANSLEY, 000–00–0000 CHARLES N. BURWICK, 000–00–0000 CHRISTOPHER M. DAVIS, 000–00–0000 STEVEN M. ANTHOLT, JR., 000–00–0000 ARTA BUSHAWWEESE, 000–00–0000 THALMUS D. DAY, 000–00–0000 ROSEANNA G. APOLISTA, 000–00–0000 MYLA W. BUTLER, 000–00–0000 EVELYN DECAAL, 000–00–0000 DAVID R. ARMBRUSTER, 000–00–0000 RICHARD D. BUTLER, 000–00–0000 DEAN D. DEDICATORIA, 000–00–0000 RONNY W. ARMSTRONG, 000–00–0000 KEITH A. BUZALSKY, 000–00–0000 TRES D. DEHAY, 000–00–0000 AVONNA S. ARNETT, 000–00–0000 MICHAEL P. CADENAZZI, JR., 000–00–0000 THOMAS C. DELARGE, 000–00–0000 CHRISTINE ARNOLD, 000–00–0000 JEFFREY T. CAHILL, 000–00–0000 CHRISTOPHER D. DELINSKI, 000–00–0000 DANIEL P. ARTHUR, 000–00–0000 CHRISTOPHER R. CALDWELL, 000–00–0000 GEORGE DEMOPOULOS, 000–00–0000 ANTHONY R. ARTINO, JR., 000–00–0000 JEFFREY W. CALL, 000–00–0000 MICHAEL A. DEPALMA, 000–00–0000 JOYCE C. ASCANO, 000–00–0000 CHRISTOPHER D. CAMBRE, 000–00–0000 CRAIG S. DERANANIAN, 000–00–0000 RANDY E. ASHMAN, 000–00–0000 GRAY A. CAMP, 000–00–0000 CHRISTOPHER R. DESENA, 000–00–0000 DEREK J. ATKINSON, 000–00–0000 KEITH A. CAMPBELL, 000–00–0000 THOMAS J. DETERS, 000–00–0000 DANIEL S. AUGUSTI, 000–00–0000 MARIE A. CAMPBELL, 000–00–0000 JERROD E. DEVINE, 000–00–0000 CHARLES H. AUGUSTUS, 000–00–0000 THOMAS E. CAMPBELL, 000–00–0000 MICHAEL B. DEVORE, 000–00–0000 LYNDA M. AYALA, 000–00–0000 JOHN A. CARDILLO, 000–00–0000 EDWARD A. DEWINTER, 000–00–0000 KENNETH J. AZZOLLINI, 000–00–0000 GARY J. CARLSON, 000–00–0000 KIRK B. 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VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00120 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — SENATE S4957

TODD A. FIGANBAUM, 000–00–0000 DOUGLAS W. HAROLD, 000–00–0000 KATHLEEN A. KINSKE, 000–00–0000 MICHAEL L. FIGUEIREDO, 000–00–0000 CHRISTOPHER J. HARRIS, 000–00–0000 CHRISTINA L. KIRK, 000–00–0000 MARK A. FILLER, 000–00–0000 ERIC B. HARRIS, 000–00–0000 VAN J. KIZER, 000–00–0000 JASON W. FINFROCK, 000–00–0000 HIRAM C. HARRIS, 000–00–0000 JOHN D. KLONECKI, 000–00–0000 CHRIS J. FINOCCHIO, 000–00–0000 RONALD M. HART, 000–00–0000 ROY T. KLOSSNER, 000–00–0000 JACQUELYNN FISHER, 000–00–0000 JAMES F. HARTMAN, 000–00–0000 MARK S. KLOSTER, 000–00–0000 TERREL J. FISHER, 000–00–0000 RODNEY R. HARTSELL, 000–00–0000 MICHAEL E. KLUMP, 000–00–0000 JAMES M. FITZGERALD, 000–00–0000 DANIEL E. HARWOOD, 000–00–0000 DAVID C. KNEALE, 000–00–0000 THOMAS J. FITZGERALD, 000–00–0000 MATTHEW H. HAWES, 000–00–0000 LARRY D. KNOCK, 000–00–0000 DEREK A. FLECK, 000–00–0000 DANIEL B. HAWLEY, 000–00–0000 LERRY J. KNOX, JR., 000–00–0000 GARETT S. FLESLAND, 000–00–0000 TERRENCE B. HAYES, 000–00–0000 JEFFREY A. KOLARS, 000–00–0000 ELIZABETH A. FLETCHER, 000–00–0000 DAVID R. HAZELTON, 000–00–0000 HOWARD C. KOLB, 000–00–0000 SCOTT C. FLIEG, 000–00–0000 STEVEN D. HEADRICK, 000–00–0000 FRANK J. KORFIAS, 000–00–0000 ANDREE FLORVIL, 000–00–0000 RYAN J. HEILMAN, 000–00–0000 CRAIG N. KORTE, 000–00–0000 BRANDON D. FLOYD, 000–00–0000 GREGORY M. HEMELT, 000–00–0000 AARON E. KOTTAS, 000–00–0000 ROBERTA L. FOREMAN, 000–00–0000 WILMER G. HENDERSON, 000–00–0000 PETER A. KOTTKE, 000–00–0000 CHARLES A. FORTINBERRY, 000–00–0000 ANGUS G. HENDRICK, 000–00–0000 RANDEL L. KOUBA, 000–00–0000 STEPHEN T. FOTOPULOS, 000–00–0000 MIKE D. HENRIE, 000–00–0000 MATTHEW P. KOWALSKY, 000–00–0000 DARREN A. FOUTS, 000–00–0000 JOSEPH A. HENRY, 000–00–0000 ROBERT I. KOYAMA, 000–00–0000 GARY T. FOUTS, 000–00–0000 SHERRY L. HENRY, 000–00–0000 ALEXANDER J. KRAKUSZESKI, 000–00–0000 AARON P. FOWLER, 000–00–0000 FREDERICK T. HENSLEY, JR., 000–00–0000 RICHARD S. KRAMARIK, 000–00–0000 IAN A. FOWLIE, 000–00–0000 MANLEE J. 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HISER, 000–00–0000 STEVEN J. KULIKOWSKI, 000–00–0000 MICHAEL G. GALLANT, 000–00–0000 SEAN O. HIXSON, 000–00–0000 IVAN L. LACROIX, 000–00–0000 BRENT S. GALLOWAY, 000–00–0000 DAVID A. HOAGLAND, 000–00–0000 MATTHEW A. LACROIX, 000–00–0000 DON D. GALYON, II, 000–00–0000 MATTHEW A. HOFFMAN, 000–00–0000 KIRK A. LAGERQUIST, 000–00–0000 MATTHEW M. GAMMON, 000–00–0000 PAUL T. HOFFMAN, 000–00–0000 ERIC E. LAHTI, 000–00–0000 ROGER C. GARATE, 000–00–0000 CHRISTOPHER R. HOLDBROOKS, 000–00–0000 JONATHAN D. LAMB, 000–00–0000 CHRISTOPHER G. GARCIA, 000–00–0000 TERRENCE L. HOLLINGSWORTH, 000–00–0000 DAVID P. LAMMERS, 000–00–0000 DAVID C. GARCIA, 000–00–0000 WILLIAM J. HOLTON, 000–00–0000 JOHN F. LANE, 000–00–0000 JEFFREY B. GARCIA, 000–00–0000 JOSEPH R. HOOD, 000–00–0000 ANDREA M. LANG, 000–00–0000 MITCHELL R. GARCIA, 000–00–0000 JOSEPH W. HOOTMAN, 000–00–0000 JASON P. LANKFORD, 000–00–0000 VINCENT D. GARCIA, 000–00–0000 DANIEL P. HOPKINS, 000–00–0000 KEVIN V. LAPROCINA, 000–00–0000 VINCENT S. 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ALISON H. MARTZ, 000–00–0000 FRANK G. OBRIEN, 000–00–0000 JOSEPH J. RING, 000–00–0000 JOE L. MASON, 000–00–0000 TODD J. OCHSNER, 000–00–0000 DAVID H. RIOS, 000–00–0000 DANIEL L. MATTHEWS IV, 000–00–0000 CHRISTIAN C. OCONNOR, 000–00–0000 KEVIN K. ROACH, 000–00–0000 MONICA M. MATTSON, 000–00–0000 DAVID F. ODELL, 000–00–0000 WILLIAM L. ROBERTSON, 000–00–0000 CHIP MAYNARD, 000–00–0000 ROBERT F. OGDEN, 000–00–0000 CHRISTOPHER A. ROBINSON, 000–00–0000 TROY V. MAYS, 000–00–0000 GREGORY T. OGLE, 000–00–0000 MERLIN D. ROBINSON, 000–00–0000 CHRISTOPHER R. MC CASLIN, 000–00–0000 LARRY E. OGLESBY, JR., 000–00–0000 NEIL C. ROBINSON, 000–00–0000 SCOTT E. MC CLAIN, 000–00–0000 RICHARD S. OHRT, 000–00–0000 SEAN D. ROBINSON, 000–00–0000 ROBERT D. MC CLELLAN, 000–00–0000 JULIE M. OLDAKOWSKI, 000–00–0000 FRANCIS D. ROCHFORD, 000–00–0000 CORRINE L. MC CLELLAND, 000–00–0000 NICHOLAS B. OLESEN, 000–00–0000 WILLIAM L. RODGERS III, 000–00–0000 JAMES W. MC ELWEE, 000–00–0000 GERALD P. OLIVER, 000–00–0000 CHRISTOPHER M. RODI, 000–00–0000 CHARLES R. MC ENNAN, 000–00–0000 LON M. OLIVER, 000–00–0000 DAVID A. RODRIGUEZ, 000–00–0000 JOSEPH A. MC GAHA, 000–00–0000 ADAM A. OLSON, 000–00–0000 WILLIAM RODRIGUEZ, JR., 000–00–0000 EDWARD R. MC GEE, 000–00–0000 DANIEL ORCHARDHAYS, 000–00–0000 CHARLES L. ROGERS, 000–00–0000 JAMES A. MC GEE, 000–00–0000 MICHAEL J. ORTIZ, 000–00–0000 KELLY J. ROMER, 000–00–0000 JEREMY S. MC GEE, 000–00–0000 ERIN P. OSBORNE, 000–00–0000 JAMES G. ROONEY, JR., 000–00–0000 MAUREEN C. MC GRATH, 000–00–0000 JUSTIN M. OTTO, 000–00–0000 TONY J. ROSALES, 000–00–0000 SHONTAYE P. MC GRIFF, 000–00–0000 DONOVAN I. OUBRE, 000–00–0000 KIMBERLY S. MC GUIRE, 000–00–0000 GREGORY T. OURADA, 000–00–0000 ANDREW A. ROSEBROOK, 000–00–0000 SCOTT D. MC ILNAY, 000–00–0000 ALBERT D. OUTCALT, 000–00–0000 PAUL ROSEN, 000–00–0000 TIM E. MC KENZIE, 000–00–0000 MARC S. OVERMAN, 000–00–0000 JAMES B. ROSS, 000–00–0000 WILLIAM P. MC KINLEY, 000–00–0000 DANA L. OWENS, 000–00–0000 MICHAEL C. ROST, 000–00–0000 KEVIN MC LOUGHLIN, 000–00–0000 BRYAN L. PACCHIOLI, 000–00–0000 CHRISTOPHER M. ROTHEY, 000–00–0000 CHRISTINE D. MC MANUS, 000–00–0000 MARCIA T. PACE, 000–00–0000 BRIAN ROWER, 000–00–0000 DAVID F. MC MULLEN, 000–00–0000 JAMES E. PAGE, 000–00–0000 JUSTIN N. RUBINO, 000–00–0000 JAMES P. MC NARY, 000–00–0000 DOUGLAS Y. PANG, 000–00–0000 MEGAN E. RUDE, 000–00–0000 SEAN P. MC NELIS, 000–00–0000 DANIEL R. PARILLA, 000–00–0000 CHRISTOPHER J. RUDIN, 000–00–0000 ANDREW J. MC NULTY, 000–00–0000 JASON M. PARKHOUSE, 000–00–0000 DANIEL E. RUHL, 000–00–0000 DOUGLAS A. MCWILLIAMS, 000–00–0000 RUSSELL S. PARRIS, 000–00–0000 ROBERT J. RULE, 000–00–0000 TAMMY M. MEDIATE, 000–00–0000 JAWARA C. PATRICK, 000–00–0000 DAVID J. RUPPERT, 000–00–0000 PHILLIP F. MEEKINS, 000–00–0000 JUSTIN K. PATRICK, 000–00–0000 JANET L. RUSSELL, 000–00–0000 JENNIFER P. MEEKS, 000–00–0000 COREY L. PATTERSON, 000–00–0000 REGINALD T. RUSSELL, 000–00–0000 MELANIE A. MEIGS, 000–00–0000 DONALD J. PATTERSON III, 000–00–0000 RONALD J. RUTAN, 000–00–0000 MICHAEL S. MENDELSOHN, 000–00–0000 WILLIAM A. PATTERSON, 000–00–0000 JOSEPH A. SAEGERT, 000–00–0000 ANGEL C. MENDOZA, 000–00–0000 KEITH E. PATTON, 000–00–0000 KENNETH J. SALAZAR, 000–00–0000 DANIEL E. MENDOZA, 000–00–0000 MELODY J. PEARSON, 000–00–0000 TROY D. SALLEE, 000–00–0000 JOHN B. METCALF, 000–00–0000 CARL M. PEDERSEN, 000–00–0000 JORDAN R. SAMORTIN, 000–00–0000 MATTHEW L. METCALF, 000–00–0000 DANIEL M. PELENSKY, 000–00–0000 ALAN D. SANCHEZ, 000–00–0000 TIMOTHY S. METCALF, 000–00–0000 CHHEM K. PEN, 000–00–0000 ROBERT D. SANCHEZ, 000–00–0000 JAMES M. METCALFE, 000–00–0000 MICHAEL M. PEREIRA, 000–00–0000 ERIN H. SANDERS, 000–00–0000 ELIZABETH K. METTE, 000–00–0000 ROBERT D. PEREZ, 000–00–0000 PATSY SANDOVAL, 000–00–0000 ROBERT J. MEYER, 000–00–0000 DANA M. PERIOUX, 000–00–0000 ALLEN E. SANFORD, 000–00–0000 BETH ANN M. MEYEROWITZ, 000–00–0000 WILLIE J. PERKINS, 000–00–0000 MARK D. 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PHELPS, 000–00–0000 VIRGINIA L. SCHMIED, 000–00–0000 GARY MILTON, 000–00–0000 DONALD F. PHILIPS, 000–00–0000 BECKY J. SCHMILING, 000–00–0000 CHAD T. MINGO, 000–00–0000 JASON T. PHILLIPS, 000–00–0000 KEVIN R. SCHMITT, 000–00–0000 GREGORY K. MINGO, 000–00–0000 JASON D. PHILLIPS, 000–00–0000 MICHAEL J. SCHOENEWOLFF, 000–00–0000 THOMAS M. MINVIELLE, 000–00–0000 HENRY P. PIERCE, 000–00–0000 CHRISTIAN D. SCHOMAKER, 000–00–0000 MATTHEW L. MIRELES, 000–00–0000 RAYMOND V. PIERIE, 000–00–0000 AMY E. SCHRECK, 000–00–0000 PETER T. MIRISOLA, 000–00–0000 TABITHA D. PIERZCHALA, 000–00–0000 JERROD M. SCHRECK, 000–00–0000 SHAWNDALE M. MISNER, 000–00–0000 JOHN B. PILANT, 000–00–0000 ANDREW J. SCHREINER, 000–00–0000 PAUL J. MITCHELL, 000–00–0000 TRAVIS D. PINDELL, 000–00–0000 CHRISTOPHER P. SCHULTZ, 000–00–0000 CHRISTOPHER B. MOFFITT, 000–00–0000 JEFFREY M. PLAISANCE, 000–00–0000 GARY A. SCHULZ, 000–00–0000 RENWICK M. MOHAMMED, 000–00–0000 JOSE D. PLANAS, 000–00–0000 BRIAN E. 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SHELDRICK, 000–00–0000 MELINDA A. MOSS, 000–00–0000 DANIEL D. PROSSER, 000–00–0000 PETER N. SHEPARD, 000–00–0000 KENNETH M. MOTOLENICHSALAS, 000–00–0000 ANDY C. PULLEY, 000–00–0000 WILLIAM R. SHERROD, 000–00–0000 MATTHEW C. MOTSKO, 000–00–0000 ALBIN S. QUIKO, 000–00–0000 CHRISTOPHER R. SHERWOOD, 000–00–0000 PAUL L. MUCKENTHALER, 000–00–0000 ANTONIO QUILES, 000–00–0000 CHAN H. SHIN, 000–00–0000 MARTIN J. MUCKIAN, 000–00–0000 ROBERT J. RACE, 000–00–0000 JEREMY T. SHOOK, 000–00–0000 TIMOTHY M. MUNDERLOH, 000–00–0000 JAMES P. RACHELS, 000–00–0000 VALERIE N. SHOOT, 000–00–0000 CARLOS E. MUNOZ, 000–00–0000 DAVID E. RADFORD, 000–00–0000 ANDREW J. SHOUGH, 000–00–0000 RAMON G. MUNOZ, 000–00–0000 JOHN A. RADI, 000–00–0000 MATTHEW A. SHUFRAN, 000–00–0000 JAMES L. MURPHY, 000–00–0000 CRAIG A. RADOMSKI, 000–00–0000 CAROL A. SHUPACK, 000–00–0000 MICHAEL W. MURPHY, JR., 000–00–0000 JASON T. RAINES, 000–00–0000 BRIAN P. SHUSTER, 000–00–0000 SHAUN P. MURPHY, 000–00–0000 JOHN L. RAMIREZ, 000–00–0000 JANESSA C. SHUTE, 000–00–0000 MICHAEL B. MURRAY, 000–00–0000 DEREK N. RAMSEY, 000–00–0000 GEORGE P. SIBLEY III, 000–00–0000 PATRICK J. MURRAY, 000–00–0000 MARK R. RANDER, 000–00–0000 MARK D. SIBON, 000–00–0000 DOUGLAS MURRELL, 000–00–0000 BRIAN J. RASMUSSEN, 000–00–0000 RANDALL D. SIERS, 000–00–0000 RACHAEL A. NANCE, 000–00–0000 ARIANNE D. RAY, 000–00–0000 ANDREW G. SIKKENGA, 000–00–0000 KATHERINE E. NATTER, 000–00–0000 MICHAEL E. RAY, 000–00–0000 WADE A. SIKKINK, 000–00–0000 NOREEN E. NAUCEDER, 000–00–0000 CHRISTOPHER D. REARDON, 000–00–0000 ROBERT A. SILVA, 000–00–0000 ERIC T. NAVALES, 000–00–0000 THOMAS L. RECK, 000–00–0000 BRETT C. SIMMERING, 000–00–0000 BRIAN K. NEAL 000–00–0000 ERIC D. REHBERG, 000–00–0000 ARTHUR J. SIMMONS, 000–00–0000 BENJAMIN G. NELSON, II, 000–00–0000 CHARLES J. REIMER, JR., 000–00–0000 CHRISTOPHER S. SIMMONS, 000–00–0000 CHRISTOPHER M. NELSON, 000–00–0000 JAMES R. REINAUER, JR., 000–00–0000 TERRENCE SIMMONS, 000–00–0000 JENNY K. NELSON, 000–00–0000 GEORGE A. RENTERIA, 000–00–0000 CORNELL D. SINCLAIR, 000–00–0000 ERIC M. NEMOSECK, 000–00–0000 RICHARD N. REPP, 000–00–0000 JAMES A. SINCLAIR, 000–00–0000 ERIK A. NESTERUK, 000–00–0000 SHAWN E. REVERTER, 000–00–0000 BRIAN A. SINGLETON, 000–00–0000 JEREMY J. NEUNER, 000–00–0000 ARISTIDES G. REYES, 000–00–0000 AGIR U. SINKEWITSCH, 000–00–0000 TERRI A. NEVELDINE, 000–00–0000 MARK A. REYES, 000–00–0000 BRETT C. SIWECK, 000–00–0000 EDWARD F. NEWBY, 000–00–0000 ALBERTO J. REYNA, 000–00–0000 BRIAN C. SIZEMORE, 000–00–0000 KEITH D. NEWMAN, 000–00–0000 DARRELL A. REYNARD, 000–00–0000 CHRISTOPHER R. SKOOG, 000–00–0000 DEXTER A. NEWTON, 000–00–0000 JOSEPH M. REYNOLDS, 000–00–0000 ANGELA N. SKRADSKI, 000–00–0000 JAMES E. NIGH, 000–00–0000 RHONDA L. REYNOLDS, 000–00–0000 SANDRA M, SLAFTER, 000–00–0000 ANDREW O. NOLD, 000–00–0000 WILLIAM M. REYNOLDS, 000–00–0000 WILLIAM S. SLAPPEY, 000–00–0000 RICHARD A. NORD, 000–00–0000 JASON D. RHOADS, 000–00–0000 CHRISTOPHER M. SLATE, 000–00–0000 KRIST D. NORLANDER, 000–00–0000 JOHN D. RHODES, 000–00–0000 PETER D. SMALL, 000–00–0000 MATTHEW D. NORRIS, 000–00–0000 DAVID J. RHONE, 000–00–0000 ANDREW J. SMEAL, 000–00–0000 TONY NORSWORTHY, 000–00–0000 NEIL A. RICE, 000–00–0000 CHAD M. SMITH, 000–00–0000 WILLIAM F. NORTHRIP, 000–00–0000 REBEKAH J. RICE, 000–00–0000 CHRISTOPHER R. SMITH, 000–00–0000 KEVIN M. NORTON, 000–00–0000 RONALD K. RICHARDS, 000–00–0000 CHRISTOPHER S. SMITH, 000–00–0000 BRIAN E. NOTTINGHAM, 000–00–0000 MONICA M. RICHARDSON, 000–00–0000 DAVID E. SMITH, 000–00–0000 SCOTT M. NOVINGER, 000–00–0000 BERNIE W. RIDGEWAY, 000–00–0000 EDWARD S. SMITH, 000–00–0000 TODD E. NOVOTNY, 000–00–0000 PAUL H. RIEHLE, 000–00–0000 EDWIN A. SMITH, 000–00–0000 KENDRA K. NOWAK, 000–00–0000 WILLIAM G. RIELS, 000–00–0000 JULIA D. SMITH, 000–00–0000 TYSON L. OBERG, 000–00–0000 EVAN P. RILEY, 000–00–0000 KENNETH SMITH, 000–00–0000

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LANDON C. SMITH, 000–00–0000 ANTHONY J. TURNER, 000–00–0000 KEITH A. WILLISON, 000–00–0000 MATTHEW J. SMITH, 000–00–0000 MATTHEW D. TURNER, 000–00–0000 CLAY R. WILSON, 000–00–0000 MICHAEL S. SMITH, 000–00–0000 SHELDON M. TURNER, 000–00–0000 DARREL J. WILSON, 000–00–0000 ROBIN S. SMITH, 000–00–0000 ROGER A. TURPIN, 000–00–0000 DUMILE K. WILSON, 000–00–0000 RODNEY SMITH, 000–00–0000 DONALD C. TYER, 000–00–0000 RICCARDO WILSON, 000–00–0000 SHERRIE R. SMITH, 000–00–0000 RENE R. URBAN, 000–00–0000 TIMOTHY A. WILSON, 000–00–0000 XAVIER G. SMITH 000–00–0000 CHRIS T. URNESS, 000–00–0000 DAVID R. WILWOHL, 000–00–0000 BRIAN T. SMYTH, 000–00–0000 CHRISTOPHER J. VALDIVIA, 000–00–0000 ELLIOTT J. WINDISH, 000–00–0000 DUANE J. SOISSON, 000–00–0000 ELMER D. VALLE, 000–00–0000 LORI C. WINNALL, 000–00–0000 PATRICK SONGSANAND, 000–00–0000 NOU VANG, 000–00–0000 JEFFREY W. WINTERS, 000–00–0000 KIRK W. SORBO, 000–00–0000 STEPHEN J. VANHORN, 000–00–0000 WALTER J. WINTERS, 000–00–0000 JEFFREY L. SORICELLI, 000–00–0000 NICK A. VARES, 000–00–0000 FRANK J. WIRTZ, 000–00–0000 MATHEW E. SOWA, 000–00–0000 EDWARD M. VARGAS, 000–00–0000 CHRISTOPHER M. WISE, 000–00–0000 JOHN G. SPARKS, 000–00–0000 BERRY VAUGHAN, 000–00–0000 CHAD A. WOLF, 000–00–0000 CHARLES H. SPENCE III, 000–00–0000 MARK D. VAUGHAN, 000–00–0000 IAN S. WOLFE, 000–00–0000 SHAWN A. SPENCER, 000–00–0000 EDLA J. VAUGHN, 000–00–0000 MICHAEL L. WOLFE, 000–00–0000 SUSAN B. SPERLIK 000–00–0000 ROBERT C. VEGA, 000–00–0000 ANDREW R. WOOD, 000–00–0000 PHILIP D. SPILLER, JR., 000–00–0000 DIEGO VELASCO, JR., 000–00–0000 DARYL R. WOOD, 000–00–0000 RICHARD M. SPRINGER, 000–00–0000 JASON P. VELIVLIS, 000–00–0000 CHARLES E. WOODWARD, 000–00–0000 JOHN P. STALLCOP, 000–00–0000 NEIL S. VELLEMAN, 000–00–0000 DENISE D. WOODFIN, 000–00–0000 BRAD L. STALLINGS, 000–00–0000 JOSEPH VEREEN, JR., 000–00–0000 JOSEPH P. WOODS, 000–00–0000 SHAWN B. STANDLEY, 000–00–0000 RICHARD K. VERHAAGEN, 000–00–0000 MICHAEL D. WOODS, 000–00–0000 ROBERT H. STARK, JR., 000–00–0000 CHRISTOPHER R. VIA, JR., 000–00–0000 ERNEST C. WOODWARD JR., 000–00–0000 RICHARD A. STARKER, 000–00–0000 ERIC R. VICTORY, 000–00–0000 DAVID I. WRIGHT, 000–00–0000 BRUCE T. STARKEY, 000–00–0000 DENNIS J. VIGEANT, 000–00–0000 GERALD D. WRIGHT, 000–00–0000 LURELLE D. STARLING, 000–00–0000 FABIO A. VILLANUEVA, 000–00–0000 WILLIAM A. WRIGHT, 000–00–0000 RANDAL D. STEFFEN, 000–00–0000 JORGE L. VILLARREAL, 000–00–0000 HSIN-FU WU, 000–00–0000 KENNETH B. STERBENZ, 000–00–0000 TRACY L. VISSIA, 000–00–0000 MICHAEL E. WYBORSKI, 000–00–0000 KEVIN W. STERLING, 000–00–0000 MICHAEL R. VITALI, 000–00–0000 MARK D. YEHL, 000–00–0000 CLAUDE R. STEWART, 000–00–0000 ANTHONY G. VOEKS, 000–00–0000 STEPHEN YONG, 000–00–0000 JASON H. STEWART, 000–00–0000 DANIEL S. VOGEL, 000–00–0000 RYAN M. YOST, 000–00–0000 JEROME M. STEWART, 000–00–0000 KRISTOFER M. VOGT, 000–00–0000 DANIEL J. YOUNG, 000–00–0000 CHARLES M. STICKNEY, 000–00–0000 JOSEPH W. VOILAND, 000–00–0000 DUNCAN F. YOUNG, 000–00–0000 CARMEN N. STOKS, 000–00–0000 STEVEN R. VONHEEDER, 000–00–0000 KENNA L. YOUNG, 000–00–0000 ALVARO P. STRAUB, 000–00–0000 MATTHEW J. WAESCHE, 000–00–0000 KYLE G. STRUDTHOFF, 000–00–0000 ALEXIS T. WALKER, 000–00–0000 PATRICK M. YOUNG, 000–00–0000 VINCIRENA STUBBS, 000–00–0000 ALLISA M. WALKER, 000–00–0000 TERESITA S. YOUNG, 000–00–0000 COLLIN C. SULLIVAN, 000–00–0000 GAYLE L. WALKER, 000–00–0000 TIMOTHY H. YOUNG, 000–00–0000 RYAN M. SULLIVAN, 000–00–0000 RYAN J. WALKER, 000–00–0000 JAMES A. YSLAS, 000–00–0000 MITCHELL J. SUROWIEC, 000–00–0000 BENJAMIN D. WALRATH, 000–00–0000 MARIA A. ZABIEREK, 000–00–0000 JAMES H. SUTTLES IV, 000–00–0000 MARY ELLEN WALSH, 000–00–0000 JOSEPH ZAMBUTO JR., 000–00–0000 SHANKAR V. SWAMY, 000–00–0000 VERNON A. WALTON, 000–00–0000 TIMOTHY L. ZANE, 000–00–0000 BRYAN R. SWANN, 000–00–0000 DARIN J. WARD, 000–00–0000 JASON D. ZEDA, 000–00–0000 CHRISTOPER A. SWARTZ, 000–00–0000 KELLY C. WARD, 000–00–0000 WILLIAM J. ZEGARSKI JR., 000–00–0000 MICHAEL W. SWEENEY, 000–00–0000 MICHAEL J. WARD, 000–00–0000 JOSEPH A. ZIRNHELT, 000–00–0000 STEVEN R. SWEENEY, 000–00–0000 DARRICK R. WARDENBURG, 000–00–0000 DAVID G. ZOOK, 000–00–0000 KAIL C. SWINDLE, 000–00–0000 DUSTIN C. WARREN, 000–00–0000 HARLAN M. SWYERS, 000–00–0000 BRET A. WASHBURN, 000–00–0000 f EARL SYMONDS, 000–00–0000 EDWARD M. WASHINGTON, 000–00–0000 SEAN K. SZYMANSKI, 000–00–0000 LAKINA A. WASHINGTON, 000–00–0000 CONFIRMATION MICHAEL S. TAKAHASHI, 000–00–0000 MICHAEL J. WEAVER, 000–00–0000 WILLIAM L. TALIAFERRO, JR., 000–00–0000 LEROY H. WEBER, 000–00–0000 Executive nomination confirmed by PAUL J. TASILLO, 000–00–0000 SCOTT L. WEBER, 000–00–0000 MICHAEL C. TASTSIDES, 000–00–0000 TROY WEBER, 000–00–0000 the Senate March 30, 1995: PAUL M. TATE 000–00–0000 MICHAEL L. WEELDREYER, 000–00–0000 DEPARTMENT OF AGRICULTURE JOHN M. TATUM, 000–00–0000 GEORGE W. WEHRUNG, 000–00–0000 SHELLY M. TAYLOR, 000–00–0000 BRIAN D. WEISS, 000–00–0000 DANIEL ROBERT GLICKMAN, OF KANSAS, TO BE SEC- STEVEN T. TEDDER, 000–00–0000 RICHARD H. WEITZEL, 000–00–0000 RETARY OF AGRICULTURE. RICHARD D. TEMER, 000–00–0000 RICHARD F. WELLS, 000–00–0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO LORIE A. TENGCO, 000–00–0000 BRIAN E. WELSH, 000–00–0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- PATRICIA L. TESTON, 000–00–0000 JEFFREY A. WENDT, 000–00–0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY WILLIAM G. THARP III, 000–00–0000 SARAH A. WENZEL, 000–00–0000 CONSTITUTED COMMITTEE OF THE SENATE. ROBERT J. THELEN, JR., 000–00–0000 ARNOLD D. WEST, 000–00–0000 ANDREA E. THOMAS, 000–00–0000 SAMUEL S. WEST, 000–00–0000 f BRIAN C. THOMAS, 000–00–0000 GEORGE R. WETTACH, 000–00–0000 MICHAEL D. THOMAS, 000–00–0000 ERIC C. WEVER, 000–00–0000 WITHDRAWAL JOHN M. THOMPSON, 000–00–0000 TODD E. WHALEN, 000–00–0000 JOHN A. THOMPSON, 000–00–0000 CHARLES F. WHEATLEY IV, 000–00–0000 Executive message transmitted by STEVEN R. THOMPSON, 000–00–0000 ELIJAH A. WHITE, 000–00–0000 RYAN M. TIBBETTS, 000–00–0000 LADAWN J. WHITE, 000–00–0000 the President to the Senate on March MICHAEL D. TIEMANN, 000–00–0000 PAUL J. WHITE, 000–00–0000 30, 1995, withdrawing from further Sen- MARK D. TIRMENSTEIN, 000–00–0000 DANIEL L. WHITEHURST, 000–00–0000 JEANNE M. TOBIN, 000–00–0000 DANIEL C. WHITFORD, 000–00–0000 ate consideration the following nomi- MARLENE A. TOMASZKIEWICZ, 000–00–0000 ALEX C. WIBE, 000–00–0000 nation: MARK R. TONSETIC, 000–00–0000 AUDURA C. WICK, 000–00–0000 ERIC G. TORRES, 000–00–0000 LANCE R. WIESE, 000–00–0000 INSTITUTE OF AMERICAN INDIAN AND ALASKA JOSEPH T. TOSH, 000–00–0000 JAMES A. WIEST, 000–00–0000 NATIVE CULTURE AND ARTS DEVELOPMENT MARY E. TRAIL, 000–00–0000 TROY E. WILCOX, 000–00–0000 AARON S. TRAVER, 000–00–0000 EDISON R. WILLIAMS, 000–00–0000 CATHERINE BAKER STETSON, OF NEW MEXICO, TO BE A MILTON W. TROY III, 000–00–0000 MARK C. WILLIAMS, 000–00–0000 MEMBER OF THE BOARD OF TRUSTEES OF THE INSTI- ROGER D. TUCKER, 000–00–0000 MARK D. WILLIAMS, 000–00–0000 TUTE OF AMERICAN INDIAN AND ALASKA NATIVE CUL- SHAUN C. TUCKER, 000–00–0000 MICHAEL J. WILLIAMS, 000–00–0000 TURE AND ARTS DEVELOPMENT FOR A TERM EXPIRING STEVEN W. TUMISKI, 000–00–0000 RONALD WILLIAMS, 000–00–0000 MAY 19, 2000, VICE JAMES D. SANTINI, TERM EXPIRED, DAVID P. TUPPER, 000–00–0000 BENJAMIN J. WILLIAMSON, 000–00–0000 WHICH WAS SENT TO THE SENATE ON JANUARY 5, 1995.

VerDate Aug 31 2005 04:37 May 28, 2008 Jkt 041999 PO 00000 Frm 00123 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S30MR5.REC S30MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 737 EXTENSIONS OF REMARKS

ELIMINATING THE MINIMUM WAGE trolled by the local population. In 1989, how- H.R. 1360 ever, as Serbian President Milosevic sought to Be it enacted by the Senate and House of Rep- HON. RON PACKARD consolidate his grasp on power he exploited resentatives of the United States of America in OF CALIFORNIA ancient Serbian sensitivities on the status of Congress assembled, IN THE HOUSE OF REPRESENTATIVES Kosova as an excuse for annulling Kosova's SECTION 1. SHORT TITLE. Thursday, March 30, 1995 autonomous status by illegally altering the This Act may be cited as the ‘‘Kosova Yugoslav Constitution, and subsequently re- Peace, Democracy, and Human Rights Act of Mr. PACKARD. Mr. Speaker, the minimum placing Albanian personnel in the educational, 1995’’. wage should be eliminated. Government has health, and law enforcement systems in no business determining a person's worth in Kosova with Serbs. SEC. 2. FINDINGS. The Congress finds the following: the job market. If you force a business to pay Almost 2 years ago, Serbian authorities re- more than a person is worth, somebody else (1) The Constitution of the Socialist Fed- fused to renew visas for a team of CSCE eral Republic of Yugoslavia, adopted in 1946, is going to be paid less than they are worth to monitors that had been dispatched to Kosova and the amended Constitution of Yugoslavia, compensate for that person's job. Worker to keep an eye on human rights abuses com- adopted in 1974, described the status of wages should be determined by competitive mitted by the Serbian authorities. The Serbs Kosova as one of the eight constituent terri- market forces, not Government imposed man- have remained intransigent in refusing to grant torial units of the Yugoslav Federation. dates. visas for human rights monitors despite urgent (2) The political rights of the Albanian ma- President Clinton's proposed 21 percent appeals from the United States and most jority in Kosova were curtailed when the wage hike represents a powerful blow to the members of the European Union and other Government of Yugoslavia illegally amended low skilled and young wage earners of Amer- concerned countries. They have also refused the Constitution of Yugoslavia without the icaÐthe bulk of the minimum wage popu- to comply with U.N. Security Council Resolu- consent of the people of Kosova on March 23, lation. Legislation to raise the minimum wage tion 855 which required Serbia to permit inter- 1989, revoking the autonomous status of Kosova. is no answer to poverty. Instead, it will in- national human rights monitors into Kosova. (3) In 1990, the Parliament and Government crease poverty. Economists agree that raising Since the departure of international monitors of Kosova were abolished by further unlawful the minimum wage would instantly eliminate last summer human rights abuses have nearly amendments to the Constitution of Yugo- tens of thousands of jobs. The minimum wage doubled, according to reports from the slavia. is a tax on labor and, more importantly, a tax Kosovar Albanian community, with a number (4) In September 1990, a referendum on the on hiring. of its leading personalities driven into exile for question of independence for Kosova was Increasing the cost of labor and hiring fear for their lives. held in which 87 percent of those eligible to makes it difficult for small businessesÐthe en- Accordingly, on behalf of the gentlemen and participate voted and 99 percent of those vot- gine for job creationÐto hire new workers. gentlelady from New York, Mr. ENGEL, Ms. ing supported independence for Kosova. The minimum wage slams shut the window of MOLINARI and Mr. KING, the gentleman from (5) In May 1992, a Kosovar national parliament was elected and Dr. Ibrahim Rugova California, Mr. ROHRABACHER, and the gen- opportunity. It denies thousands of potential was overwhelmingly elected President of the tleman from New Jersey, Mr. SMITH, I am young, low-skilled workers the opportunity to Republic of Kosova. better themselves and contribute to their com- today introducing H.R. 1360, entitled the (6) The Parliament and Government of munities. ``Kosova Peace, Democracy and Human Kosova were not permitted to assemble in Government exists to serve the needs of the Rights Act of 1995.'' This bill links lifting of the Kosova. people. A federally imposed minimum wage U.N. economic sanctions against SerbiaÐto a (7) Credible reports of Serbian ‘‘ethnic increase works against the needs of American resolution of the deplorable human rights situ- cleansing’’ in Kosova have been received by workers and small businessesÐshrinking the ation in Kosova, and requests the administra- the United Nations Special Rapporteur on job base while raising costs. Our economy tion to submit a report within 60 days of enact- Human Rights, and in January 1995, Serbia functions best when left alone, not when med- ment on its recommendations on ways to im- announced a new policy to colonize Albanian land in Kosova. dled with by Government bureaucrats. plement international protection for the rights (8) Over 100,000 ethnic Albanians in govern- f of the majority of the Kosovar population. In so doing, I do not believe that this is an issue ment, police, the judiciary, enterprises, INTRODUCTION OF H.R. 1360— media, educational institutions, and hos- in which the United States should seek to act pitals of Kosova have been removed from KOSOVA PEACE, DEMOCRACY, alone. We should consult with our allies in Eu- their jobs and replaced by Serbians. AND HUMAN RIGHTS ACT OF 1995 rope and with other members of the Security (9) The government in Belgrade has se- Council because this is an issue in which they verely restricted the access of ethnic Alba- HON. BENJAMIN A. GILMAN too have an important stake. I do hope that nians in Kosova to all levels of education, es- OF NEW YORK this measure will help to focus the administra- pecially education in the Albanian language, IN THE HOUSE OF REPRESENTATIVES tion on the issue of Kosova as it seeks to solely on the basis of their ethnicity. (10) Reports of arrests and brutal beatings Thursday, March 30, 1995 bring the conflict in Bosnia to conclusion. I do not believe that ignoring or omitting the situa- by the mostly Servian police, sometimes Mr. GILMAN. Mr. Speaker, recent events in tion in Kosova, wherein millions of people are leading to the death of ethnic Albanians in Kosova for expressing views in opposition to Bosnia have demonstrated how little regard daily subject to harsh and brutal denial of the the Serbs have for the views of the inter- Servian authorities, are received almost most basic and fundamental human rights, will daily. national community. Their complete disregard contribute to long-term stability in the Balkans. (11) Observers of the Organization on Secu- for the mandates and requirements of the U.N. I want to acknowledge with deep apprecia- rity and Cooperation in Europe dispatched to Security Council, and indeed for the norms of tion the role of my colleagues, Mr. ENGEL and Kosova in 1991 were expelled by the govern- civilized behavior as they carry out their plan Ms. MOLINARI, cofounders of the Albanian Is- ment in Belgrade in July 1993. for an ethnically cleansed Greater Serbia sues Caucus, who have done so much to (12) The Government of Serbia has ignored raises concern for the region of Kosova with keep the issue of Kosova before the Congress United Nations Security Council Resolution its population of nearly 2 million ethnic Alba- and the American people. This bill reflects 855 of August 1993, which calls upon Belgrade nians. their efforts, and support for the rights of the to allow the continuation of the mission of the Organization on Security and Coopera- Prior to 1989, under the constitutional ar- citizens of Kosova, and I am pleased to be tion in Europe and to guarantee the safety of rangements of the former Yugoslavia Kosova able to introduce this measure on their behalf. and unimpeded access for monitors of the Or- enjoyed an autonomous status in which the Mr. Speaker, I hereby request that the full ganization on Security and Cooperation in Albanian majority enjoyed many of the fruits of text of H.R. 1360, the Kosova Peace, Democ- Europe. self-government. Public institutions such as racy, and Human Rights Act of 1995, be in- (13) Following the departure of such ob- schools, hospitals, and the police were concluded at this point in the RECORD. servers, several international human rights

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 738 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 1995 organizations, including Amnesty Inter- (4) the elected government of Kosova is seling Programs. Today, HDC serves its popu- national, Human Rights Watch-Helsinki, and permitted to meet and carry out its legiti- lation with over 40 programs, ranging from As- the Helsinki Federation for Human Rights mate mandate as elected representatives of sault Crisis Intervention to weatherization serv- have documented an increase in humani- the people of Kosova. ices, and is a leading member of the National tarian abuses in Kosova. SEC. 5. REPORTING REQUIREMENT. (14) Congress provided for the opening of Not later than 60 days after the date of the Community Action network of nearly 1,000 United States Information Agency cultural enactment of this Act, the President shall agencies. center in Prishtina, Kosova, in section 223 of prepare and transmit to the Congress a re- The Human Development Commission has the Foreign Relations Authorization Act, port on— faithfully served Michigan's Thumb area for 30 Fiscal Years 1992 and 1993, but the Depart- (1) the situation in Kosova, including the years, providing employment for thousands of ment of State has asserted that security con- manner in which the policies of Serbia have area citizens, hundreds of whom have come ditions have prevented the establishment of affected the economic, social, and cultural from low-income categories, and has returned such center. rights of the majority in Kosova; (15) The President has explicitly warned (2) measures to provide humanitarian as- millions of dollars to its local communities the Government of Serbia that the United sistance to the population of Kosova and to through housing rehabilitation and construc- States is prepared to respond in the event of Kosovar refugees who have fled Kosova, in- tion, through food and nutrition services, and escalated conflict in Kosova caused by Ser- cluding the impact of United States sanc- through dozens of services extended to the bia. tions against Serbia and Montenegro upon aging population. (16) On January 4, 1994, President Clinton the delivery of humanitarian assistance to HDC has been guided by the watchful, stated, ‘‘there are a large number of issues, Kosova; skilled, and sightful eyes of chairman LeeRoy including Kosova, that I believe must be ad- (3) recommendations (taking into account Clark, a 30-year board member, commissioner dressed before Belgrade should be freed of the views of other United Nations Security United Nations sanctions and able to return Council members and the European Union) Robert (Bob) Russell, a 30-year board mem- to the international community. . . . As be- on what modalities may be pursued, includ- ber, executive director Mary Ann Vandemark, fore, our decision of whether to support sus- ing the possibility of establishing an inter- current president of the National Association pension of any sanctions will be made in national protectorate for Kosova together of Community Action Agencies, and dozens of close consultation with Congress.’’. with other members of the United Nations able board and advisory council members. (17) On February 15, 1994, President Clinton Security Council and the European Union, to HDC has consistently brought together gov- announced, without prior consultation with implement international protection of the ernment, business, and social segments of so- rights of the people of Kosova, reestablish an the Congress, a set of conditions, not includ- ciety for the purpose of creating new and ever ing improvements in Kosova, which, if met international presence in Kosova to monitor by Serbia and Montenegro, would result in more effectively the situation in Kosova, and more effective service delivery networks. the lifting of international sanctions against secure for the people of Kosova their right to I am proud and honored to count the people Serbia and Montenegro. democratic self-government; of the Human Development Commission (4) the current status of United States ef- among the large number of Americans who SEC. 3. POLICY. forts to establish a United States Informa- It is the policy of the United States that— make a positive difference in this country. Let tion Agency cultural center in Prishtina, (1) the situation in Kosova must be re- us pay tribute to the Human Development Kosova, as provided in section 223 of the For- solved before Belgrade is freed of inter- Commission on its 30th anniversary, recognize eign Relations Authorization Act, Fiscal national sanctions and is able to return to its outstanding work on behalf of all people, Years 1992 and 1993, specifying the security the international community; conditions and any other factors preventing and encourage its efforts to be extended well (2) the right of the people of Kosova to gov- establishment of such center; and into the future. ern themselves and to establish a separate (5) the presence of United States officials identity for Kosova must not be denied; f in Kosova, prior to establishment of a United (3) international observers should be re- States Information Agency cultural center turned to Kosova; HONORING THE REVEREND DR. W. in Prishtina, Kosova, including the number, (4) the elected Government of Kosova FRANKLYN RICHARDSON frequency, and duration of visits of personnel should be permitted to meet and exercise its of the United States Embassy in Belgrade to legitimate mandate as elected representa- Kosova during the 12-month period ending on tives of the people of Kosova; HON. ELIOT L. ENGEL the date of the enactment of this Act. (5) all individuals whose employment was OF NEW YORK f terminated on the basis of their ethnicity IN THE HOUSE OF REPRESENTATIVES should be reinstated to their previous posi- HAPPY 30TH ANNIVERSARY tions; and Thursday, March 30, 1995 HUMAN DEVELOPMENT COMMIS- (6) the education system in Kosova should Mr. ENGEL. Mr. Speaker, it is with great be reopened to all residents of Kosova re- SION gardless of ethnicity and the majority ethnic pleasure that I honor today a man of vision Albanian population should be allowed to HON. JAMES A. BARCIA and commitment, the Reverend W. Franklyn educate its youth in its native tongue. OF MICHIGAN Richardson. SEC. 4. RESTRICTIONS ON THE TERMINATION OF IN THE HOUSE OF REPRESENTATIVES April 1995 marks 20 years since Reverend SANCTIONS AGAINST SERBIA AND Richardson became pastor of historic Grace MONTENEGRO UNTIL CERTAIN CON- Thursday, March 30, 1995 Baptist Church which is located in my district DITIONS ARE MET. Mr. BARCIA. Mr. Speaker, I rise today to in Mount Vernon, NY. Grace Baptist Church, (a) RESTRICTIONS.—Notwithstanding any pay tribute to a wonderful organization within the largest church in Westchester County, has other provision of law, no sanction, prohibition, or requirement described in section 1511 my congressional district that is celebrating its some 3,000 parishioners and in addition con- of the National Defense Authorization Act 30th anniversary this year. The Human Devel- ducts a comprehensive outreach ministry to for Fiscal Year 1994 (Public Law 103–160), opment Commission has been ably led since the surrounding community. with respect to Serbia or Montenegro, may 1979 by its executive director, Mary Ann Under Reverend Richardson's leadership, cease to be effective, unless— Vandemark, whom I have had the privilege to the congregation is involved in numerous pro- (1) the President first submits to the Con- know for a number of years. The work that grams and activities, such as providing food gress a certification described in subsection HDC performs for the people of Huron, and clothing for the needy; ministering per- (b); and Lapeer, Sanilac and Tuscola counties is most sons in prison, the sick and shut-in, senior citi- (2) the requirements of section 1511 of that Act are met. important, and the public support for HDC is a zens, the homeless and others; hosting a (b) CERTIFICATION.—A certification de- sincere testimony to the organization's worth. Christmas celebration and other programs for scribed in this subsection is a certification HDC evolved from the Thumb Area Eco- homeless and less privileged children; and that— nomic Opportunity Commission, which was sponsoring cultural and educational workshops (1) there is substantial progress toward— created when President Lyndon Johnson and special events. Furthermore, Reverend (A) the realization of a separate identity signed the Economic Opportunity Act of 1965. Richardson led the congregation in the com- for Kosova and the right of the people of A full-color photograph of that historic signing pletion of a $4.2 million restoration and expan- Kosova to govern themselves; or hangs today in HDC's board room, and it has sion of the church facilities; and recently initi- (B) the creation of an international protectorate for Kosova; witnessed many decisions which have served ated the construction of an $11 million 100- (2) there is substantial improvement in the to help those in need in Michigan's Thumb unit housing facility in Mount Vernon for senior human rights situation in Kosova, area. Among the effects of those decisions citizens called Grace House. (3) international human rights observers were the local creation of Head Start, the And while he has cared for his flock in are allowed to return to Kosova; and Neighborhood Youth Corps, and Family Coun- Mount Vernon, Dr. Richardson has also been March 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 739 a leader on the national and international Jerry Abramson and Jefferson County Judge/ ‘‘TO AMEND’’ MEANS ‘‘TO level. For the past 12 years Dr. Richardson Executive David Armstrong. IMPROVE’’ served as the general secretary of the Na- Also, many of our citizens like Libby Grever, executive director of Community Co- tional Baptist Convention, U.S.A. Inc. He was ordinated Child Care, and Dr. Rice Leach, HON. PATSY T. MINK elected to this prestigious office in September commissioner of the Commonwealth of Ken- OF HAWAII 1982. The National Baptist Convention con- tucky Department for Health Services, have IN THE HOUSE OF REPRESENTATIVES sists of more than 30,000 churches and 8 mil- worked for years on behalf of our children. lion Baptist members across the country. He is Dr. Leach, for example, is currently working Thursday, March 30, 1995 also a member of the general council of the to immunize all of Kentucky’s children. I Mrs. MINK of Hawaii. Mr. Speaker, my law Baptist World Alliance. In May 1983, he was know that each of them joins me in urging school classmate, Prof. George Anastaplo, elected to the governing board of the National your most thoughtful consideration of these concerns. writes an interesting piece on the balanced Council of Churches representing more than Chairman Kasich and Ranking Member budget amendment and on term limits, the lat- 400 million Christians from 150 countries. Sabo, I appreciate your courtesy and time. ter of which comes to the floor this week. I As a world-renowned minister, Dr. Richard- submit his paper: f son has preached and travelled extensively on ‘‘TO AMEND’’ MEANS ‘‘TO IMPROVE’’ six continents, including Africa, Asia, Australia, (By George Anastaplo) Europe, and North and South America. In OUR VETERANS DESERVE NO LESS The considerable talk we hear these days February 1980, Dr. Richardson was selected of a balanced-budget amendment and of a as a member of the 1980 preaching team of legislative term-limitation amendment poses the foreign mission board of countries on the HON. BOB FILNER challenges to constitutional scholars re- continent of Africa. Since 1982, he has served spectful of the integrity of the Constitution. as the L.G. Jordan lecturer in the laymen's de- OF CALIFORNIA Both amendments would probably be trou- partment of the National Baptist Congress of IN THE HOUSE OF REPRESENTATIVES blesome if ratified: the first (an exercise in Christian Education. In addition, he has constitutional frivolity) because it is not crossed the nation and the world speaking at Thursday, March 30, 1995 likely to work; the second because it is likely to work, thereby crippling the Govern- churches, conventions, colleges and univer- Mr. FILNER. Mr. Speaker and colleagues, I ment of the United States. It does not help sities. rise today in support of the concept of Medi- matters that the principal balanced-budget I am personally honored to join with Rev- care subvention, found in H.R. 580 and H.R. proposal currently before the Congress con- erend Richardson's parishioners, family, 861. These two bills would let military retirees tains language that invites confusion and friends and neighbors in this 20th anniversary and veterans use their Medicare benefits at litigation, language that is singularly celebration. military or VA hospitals. unfelicitous for permanent enshrinement in the Constitution. f I take great interest in this legislation because the concepts contained in H.R. 861 Those who recognize how a balanced-budg- FISCAL YEAR 1996 BUDGET et amendment could readily be circumvented originated in my hometownÐwith Col. Walter by both legislatures and executives suggest D. Mikulich, Maj. Edward H. Townsend, and other ways of accomplishing such an amend- HON. MIKE WARD Lt. Col. George R. Smith, in the San Diego ment’s purposes. One response is that a limi- OF KENTUCKY military retiree and veteran health care study tation be placed upon the amount of tax- IN THE HOUSE OF REPRESENTATIVES group. ation that is permitted annually. But circumvention is likely there also, as may be Thursday, March 30, 1995 Military health care facilities can actually treat older military retirees for less than Medi- seen in how State governments have had to Mr. WARD. Mr. Speaker, on Thursday, care pays civilian providers, but cannot afford work their way around such limitations. In fact, no mechanical rule or formula can take March 30, 1995, I had the opportunity to tes- to enroll Medicare-eligible retirees unless Con- tify before the House Committee on the Budg- the place in such matters of political judg- gress changes the law to allow reimbursement ment on the part of both the people and their et. The following is the text of my testimony. from Medicare. So, older military retirees are government, if there is to be sound guidance STATEMENT OF CONGRESSMAN MIKE WARD BE- now limited to using Medicare in the civilian of the economy in varying circumstances. FORE THE HOUSE COMMITTEE ON THE BUDG- community at a higher cost to everyoneÐ Such guidance depends upon sensible assess- ET, MARCH 30, 1995 Medicare, taxpayers, and beneficiaries. Those ments not only of the causes and con- Mr. Chairman: Thank you for allowing me who do use military facilities lose the Medicare sequences of deficits but also of the costs, to share my views on the fiscal year 1996 benefit they deserve. consequences, and desirability of balancing budget submitted to Congress by President the national budget at any particular time. Clinton. My statement will reflect my firm The exclusion of retired personnel from the Here, as elsewhere, myths and misinforma- belief that the well-being of our children military health care system undermines the tion have to be reckoned with. Many of these should be a national priority. long-term interest of our country. A crucial as- questions about economic and fiscal policies Specifically, I call your attention to Head pect of personnel readiness is maintaining are better addressed directly and preferably Start, child nutrition programs, the Consoli- strong incentives for high-quality personnel to by legislatures as circumstances change. A dated Child Care block grant, and the Vac- continue to serve full military careers. Offers of curious aspect of the balanced-budget situa- cines for Children Program. The fiscal year lifetime health care benefits are one of the pri- tion today is that two-thirds of each House 1996 budget presented by President Clinton mary incentives that induced many current re- of Congress would vote for an amendment calls for moderate increases in these pro- that might some day require a balanced grams. Head Start funding will go from $3.535 tired members to serve military careers that budget, while at the same time one-half of billion to $3.935 billion. Funding for child nu- often spanned two or three wars. Now, they each House could vote for a balanced budget trition programs would be $8.06 billion in are upset at the broken promiseÐand the during this session of Congress. 1996, an increase from $7.7 billion this year. prospect of no coverage but Medicare, at a Those who recognize that term limitations The block grant would increase from $949 time when reductions in Medicare benefits are for legislators can truly be crippling look to million to $1.094 billion and $845 million is on the congressional table. other remedies to deal with what they con- proposed for the vaccine program. Another consideration is the recruitment and ceive to be the underlying problems. One set I believe these levels of funding are en- retention of quality medical personnel at our of remedies has to do with changes that tirely appropriate because these programs could reduce the advantages of incumbency, work. Furthermore, educating and nurturing military hospitals. Professional advancement including severe limitations upon political our children, preventing disease through im- means that medical personnel must see and contributions and campaign expenditures. (A munization, and providing quality child care treat a wide range of patients with a broad reconsideration by the United States Su- are critical to assuring the health and wel- spectrum of medical problems. Medicare-eligi- preme Court of its unfortunate First Amend- fare of our young people. We must not let ble retirees would provide that clinical experi- ment rulings with respect to these matters our commitment to our future be lost in the ence. should be encouraged.) Most of these rem- frenzy to cut the budget. Focusing our atten- Medicare subvention is an idea that makes edies, too, are more appropriate for legislation on these goals, in my view, will ensure sense for everyone. Older retirees have tion than for constitutional amendments, es- the prosperity of America for years to come. pecially since experiments and revisions are In closing, I am very proud to represent earned military health care through decades of apt to be needed. Louisville and Jefferson County, KY. Taking selfless service to this great country. It is time It is often said that those who hold legisla- care of the needs of the children in our com- for us to keep our promise to our veterans and tive offices today are virtually impossible to munity has always been a serious concern of provide them access to the VA and military defeat. But this is not, as many seem to be- our elected leaders like Louisville Mayor health care facilities of their choice. lieve, because incumbents are immune from E 740 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 1995 public scrutiny and control. On the contrary, country and those who have worn its uniform. on term limits for its Members. I have and incumbents these days tend to be very sen- He has done so with energy, integrity and continue to be a strong supporter of term lim- sitive, perhaps unduly so, to the opinions of skill. It is with pride that I commend him to you its. Term limits would help to deter Members their constituents. Indicative of what has long been happening is the fact that incum- with the highest praise I can render: ``Citizen, from acting in a career-oriented, self interested bents do say quite different things on the is- Patriot, Friend.'' manner and would promote decisions for the sues of the day, depending on precisely where f public good. In short, term limits would make they are from and what electorate they rely legislators more responsive to the people. upon. Public opinion polling makes it easier TRIBUTE TO SKIP CIOFFI The support for term limits has been dem- for each incumbent to tailor his words and onstrated by the 22 State term limits initiatives deeds to the opinions and immediate desires HON. FRANK PALLONE, JR. and polls showing 70 percent or more ap- of his constituents. Would Members of Con- OF NEW JERSEY gress who know they can be there for only a proval by the public. My State of Colorado few more years once they ‘‘learn the ropes’’ IN THE HOUSE OF REPRESENTATIVES was the first State to enact limits in 1990 with be inclined to devote themselves to their de- Thursday, March 30, 1995 a 12-year limit and in 1994 with a 6-year manding duties, unconcerned about prepar- House limit. ing the way for their subsequent career? Mr. PALLONE. Mr. Speaker, on Saturday, Four versions of term limits were offered It is likely, in any event, that most if not April 1, 1995, Mr. Henry R. ``Skip'' Cioffi will yesterday. In the end, it was the Colorado law all of the constitutional amending being agi- be honored by the Figli Colombo, Sons of Co- that I voted in favor of. I voted against the Din- tated these days (including the line-item lumbus, in a testimonial dinner at Mike gell-Peterson 12±12 years amendment be- veto) would be much better dealt with Doolan's Restaurant in Spring Lake Heights, through legislation that can be readily ad- cause it was retroactive, which has been re- NJ. It is a great honor and privilege to pay jected by States, and also because it would justed and, if need be, improved or even re- tribute to this special man and good friend pealed as circumstances change. supersede all State term limit laws. I voted in who played an important role in helping me f favor of the Inglis 6±12 yeas amendment be- get my start in politics. cause it was the same as the Colorado provi- TRIBUTE TO WAYNE ‘‘BOOMER’’ Mr. Cioffi is probably best known as the sion, 6 years for House Members and 12 BUCK mayor of Long Branch, NJ, my hometown. He years for Senators. I also voted in favor of the was first elected mayor in 1970, after having Van Hilleary 12±12 year amendment because HON. JOHN D. DINGELL served as a city councilman since 1962. He it would not supersede any State term limit was subsequently reelected to 4-year terms in OF MICHIGAN law. This amendment would have kept the IN THE HOUSE OF REPRESENTATIVES 1974 and 1978. His 12 years as mayor stand Colorado term limit law in place. I voted as the longest tenure of any directly elected Thursday, March 30, 1995 against the McCollum 12±12 years version be- mayor in the history of Long Branch. Mayor cause it would have superseded all other Mr. DINGELL. Mr. Speaker, Saturday, April Cioffi's record is an impressive and distin- State term limit laws. 8, 1995 will be a very special day for the State guished one. During his tenure, Ocean Boule- I believe the voters of Colorado who voted of Michigan and for the city of Taylor. On that vard was initiated, the police department was day, tribute will be paid to a great patriot and for 6 years in the House and 12 years in the reorganized, and taxes were stabilized. His vi- Senate know best. The Federal Government a great friend to the veterans in Michigan, sion led to creation of the Monmouth County Wayne ``Boomer'' Buck. should respect the desires of each State. The Park System's Seven Presidents Park, the McCollum amendment was flawed because it Boomer has served since June of 1994 as preservation of valuable ocean-front acreage, the State commander of the Michigan Depart- would have nullified all other State limits. If ei- restoration of the boardwalk, and the construc- ther the Inglis or Hilleary amendments had ment of Veterans of Foreign Wars. In that cation of a satellite facility for Brookdale Commu- pacity, he has worked tirelessly to provide vig- made it to final passage I would have enthu- nity College in downtown Long Branch. siastically voted yes. In my view, they were orous leadership to support the department's Mr. Speaker, Skip Cioffi's life story reads member posts, and guide their commanders. the only acceptable term limits proposals the like a great American success story. Mr. Cioffi House debated. As the State commander, he has been re- grew up in Monmouth County, attended the sponsible for the administration of a depart- Lyceum in Long Branch and Red Bank Catho- f ment with 88,000 members, comprised of vet- lic High School. He enlisted in the U.S. Marine erans of all conflicts from World War I to the Corps after high school, and served for 39 CAPT. ROBERT PEARSON: A TRUE present. months before being honorably discharged in CREDIT TO THE BADGE Wayne Buck was born and raised in Michi- December 1952. He has received degrees gan. He joined the U.S. Navy in 1956, and from Monmouth College and the University of served aboard a 7th Fleet destroyer in the Pennsylvania's Wharton School of Finance. HON. JAMES A. BARCIA South China Sea during a period of high ten- He has spent his entire career in public serv- OF MICHIGAN sion in that part of the world. For that, he was ice. In addition to his elected offices in Long awarded the China Service Ribbon. He re- Branch, he served as business administrator IN THE HOUSE OF REPRESENTATIVES turned to duty in the United States in 1957 of the public schools systems in Eatontown, Thursday, March 30, 1995 and was honorably discharged from the Navy NJ, and Elizabeth, NJ. In 1961 he married in 1962. Jean A. DeStafano, and they have four chil- Mr. BARCIA. Mr. Speaker, I rise today to Boomer has been active in the VFW since dren, Michael, Gina, Danielle, and Skip, Jr. honor Capt. Robert Pearson, the third district joining the Walter J. Smith Post 511 in New His daughter Gina did a great job during the commander of the Michigan State Police, as Britain, CT, in 1966. He became a life member 6 years she served as executive assistant in he retires after more than 23 years of service of the VFW in 1970. While living in Connecti- my Capitol Hill office. to the people of Michigan as a member of the cut, he served as an active member of his Mr. Speaker, it is an honor for me to pay Michigan Department of State Police. His de- home post as well as on committees at the tribute to my friend Skip Cioffi. I join with the votion to duty, care for the officers he com- district and department level. members of Figli Colombo in congratulating mands, and attention to the needs and con- After returning to his home State of Michi- him on his wonderful and exemplary career in cerns of the people of Michigan who called gan, Boomer served as an officer and com- public service. upon him during his time as a member of the mander of Post 9283 in Southgate, achieving department have earned him the thanks and f recognition as All State Commander in 1983. true respect of those whose lives he touched He later served in a district office, and was TERM LIMITS during a most memorable career. elected district four commander in 1987. His Robert Pearson was born in Waverly, TN, exceptional performance led to recognition as HON. WAYNE ALLARD and came to Michigan as a young boy. He at- outstanding district commander that year. He OF COLORADO tended both Ferris State University and Delta later served as POW/MIA department chair- IN THE HOUSE OF REPRESENTATIVES College, while serving as a member of the man for Michigan, as Michigan vice com- U.S. Marine Corps for 21¤2 years between en- mander, and became Michigan department Thursday, March 30, 1995 rollments. He is a Vietnam veteran, having ad- commander in June, 1994. Mr. ALLARD. Mr. Speaker, yesterday was a mirably served his country and earning a Mr. Speaker, my friend Wayne ``Boomer'' historic day. For the first time in history, the Presidential Unit Citation and a National De- Buck has devoted his life to service of his House of Representatives debated and voted fense award. March 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 741 He joined the State police in February 1972. I see a place where Constitutional rights reducing Federal regulations, and of risk as- Following graduation he was posted at Jack- are more than just words on paper, written sessments being applied to the rulemaking son, Detroit, Flint, Northville, and finally Sagi- long ago in an age of idealism. Foremost process, this act stands as a shinning exam- naw since April 30, 1989. Just as so many po- among these rights must be education. Qual- ity education, which sees to it that the Na- ple of the overwhelming benefits to society of lice officers do, his watchful eyes may have tion’s youth are ready to assume the respon- Federal regulation and oversight. helped protect many of us as we traveled sibilities of their parents. During November 1968, 78 coal miners lie through Michigan during his exemplary career. I see a place where certain Constitutional trapped deep beneath the Earth in a mine I have the pleasure and the privilege of per- guarantees are unnecessary. A place where near Farmington, WV. For the first time the discrimination on the basis of race, sex, or sonally knowing Captain Person. If any of you average American witnessed a coal mine dis- want to find an outstanding role model for our religion is not only unconstitutional, but un- aster as television coverage beamed this dev- children, look at Robert Pearson. If you need thinkable. to know what it means to be devoted to public I see an America whose citizens understand astating incident across the Nation. They saw service, look at Robert Pearson. It is no won- that ‘‘honor’’ and ‘‘duty’’ are more than just the horror, the sheer terror, on the faces of the cliches that sound good; that they are what der that a man of his skills and purpose has wives and children, and of the fellow workers, sets leaders apart from followers. I see a na- of those coal miners. The reaction of the served on numerous departmental boards and tion willing to pay the price of being a world committees, has been sought out by col- leader; willing to pay for a strong national American people was swift, and it was clearly leagues and law enforcement agencies to defense, and I see a nation willing to use its stated. Within 1 year Congress enacted the serve on their boards and committees, and strength to stand up for what’s honorable. landmark Coal Mine Health and Safety Act of has won an award from the Michigan State Because being a leader has nothing to do 1969, for the first time applying a Federal oc- Safety Commission for developing and with making the easy decisions, or even the cupational safety law to a specific industry. overseeing the C.Z.A.R.ÐConstruction Zone popular decisions; it’s being able to make More than 250 coal miners on average per- Accident Reduction Program. choices based on nothing more than ‘‘they’re the right thing to do.’’ ished annually while on the job during the 3- His dedication to his profession is exceeded I see a nation that has all but eliminated year period prior to passage of the 1969 act. only by his commitment to family, including his crime through the equal application of Over the last 3 years, the average number of wife Phyllis, and son Jason. Despite his very mercy and justice. A society that under- coal miner fatalities has totaled fewer than 50. demanding schedule, he still has made the stands that to be merciful without justice is This achievement was made without a loss of foolish, and to be just without mercy is tyr- time to be a very active member of St. Luke industry productivity, or for that matter, profit. C.M.E. Church, and a Prince hall Mason for annous. A society that rewards sympathy Mary `Mother' Jones, the union activist, after 25 years. only to those who are repentant, instead of seeing the plight of coal miners in West Vir- Mr. Speaker, I urge all of our colleagues to those with the most excuses. I see a nation who has come to the realiza- ginia during the earlier part of this century join me in wishing Captain Pearson the very tion that resource management isn’t such a best on his retirement. As he is joined by once exclaimed: ``When I get to Heaven I am difficult and confounding thing after all. For going to tell God Almighty about West Vir- friends and colleagues who will honor him at in the interest of development now and in a dinner this Saturday, let this man of distinc- the future, conservation is vital. A nation ginia!'' The good Lord must have listened. En- tion know that his career has earned him the that also realizes conserving a resource is tering this century as the most dangerous in- gratitude of the people of Michigan that he so pointless if not to develop that resource for dustry in the Nation, the coal industry is end- richly deserves. later generations. ing it as one of the most improved, and again, I see a nation that readily assumes respon- f without sacrificing productivity. sibility. Because personal accountability is But much more remains to be done. The im- critical to success in all areas of life; from VOICE OF DEMOCRACY CONTEST, provements made since 1969 offers little sol- ALASKA WINNER basic person to person honesty all the way to a national, political level. ace to the families of the 44 coal miners who I see a people who have risen above a cyni- perished in 1994. They offer little consolidation HON. DON YOUNG cal derision of their government. I see a citi- to the many coal miners who today suffer from OF ALASKA zenry who have balanced their democratic the crippling affects of black lung disease. IN THE HOUSE OF REPRESENTATIVES duty to critique their government, with a re- And so I say to my colleagues, take care in Thursday, March 30, 1995 spect for the same. After all if the voters are not responsible for their government, then what we do when considering changes to our Mr. YOUNG of Alaska. Mr. Speaker, with who is? Nation's safety laws. Take care that what we pride and honor I acknowledge Walter I see a people who also remember to re- wrought today, does not come back to haunt McInnis, of Eagle River, AK, for his accom- spect their children and senior citizens. Sen- us in the future. plishment of first place in the 1995 Veterans of ior citizens have made the sacrifices to get Foreign Wars of the United States and its La- the country in the leadership role it now en- f dies Auxiliary Voice of Democracy Broadcast joys; and the leaders of today must realize that they do not own the country, but in- Script-Writing Contest of the State of Alaska. UNJUSTIFIED GIVEAWAY TO THE stead are holding it in trust for the genera- OIL INDUSTRY Mr. McInnis will receive $1,000 in scholarship tions to come. funds to apply toward his collegiate education. In conclusion, I envision America continu- The Voice of Democracy Scholarship Pro- ing its prominent role in world affairs. gram was started 48 years ago with the en- America must also continue to set the exam- HON. GEORGE MILLER ple for personal freedom and equality. It is dorsement of the U.S. Office of Education and OF CALIFORNIA National Association of Broadcaster, Electronic crucial that the country reassume domi- Industries Association, and State Association nance in education, second best simply isn’t IN THE HOUSE OF REPRESENTATIVES of Broadcasters. Over the past 35 years the good enough. Respect and responsibility must be the axioms which the country Thursday, March 30, 1995 number of annual national scholarships has strives toward because a leader who does not risen to 47 totaling $109,000 with a $20,000 respect other’s opinions, and does not accept Mr. MILLER of California. Mr. Speaker, just scholarship to the school of choice going to responsibility for his actions, does not de- when you might have thought you had heard the first place winner. serve to be a leader. it all about the limitless greed of the special in- Mr. McInnis, a junior at Chugiak High f terests for more subsidies and favors, along School, has not decided on where he would comes the oil and gas industry, bellying up to like to attend college. He plans on pursuing a ANNIVERSARY OF THE COAL MINE the bar for a few more billion from taxpayers. career in law. His list of achievements include HEALTH AND SAFETY ACT This time, it's called a royalty holiday: For- the American Legion's Scholastic Achievement giving oil companies from paying royalties to Award and first and second year outstanding HON. NICK J. RAHALL II taxpayersÐwho own the oil and gasÐin and honor cadet in the National Junior ROTC OF WEST VIRGINIA cases where the lease is in deep water. Unit. IN THE HOUSE OF REPRESENTATIVES It pleases me to enter Mr. McInnis' winning essay into the CONGRESSIONAL RECORD. Thursday, March 30, 1995 ‘‘MY VISION FOR AMERICA’’ Mr. RAHALL. Mr. Speaker, 25 years ago, (By Walter McInnis) the Coal Mine Health and Safety Act went into My vision for America. effect. In this era of regulatory moratoria, of E 742 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 1995 Now, you would logically assume that, ab- Last week, many of us in this House were Force. His wife Muriel, is also active in civic sent some enticement or tax break, industry shocked when we heard Republican Members affairs, and has been a strong influence and would be unwilling to sink an offshore well in use animal analogies to justify cutting off aid source of support for Hank. deep water, thereby necessitating the royalty to poor- and middle-class families. Not only As well as a civic leader, Hank is a re- holiday to encourage exploration in otherwise were these arguments offensive, they highlight spected public servant who works well with all unattractive areas. But you would be wrong. the hypocrisy in the Republican approach to sides on an issue to build consensus where Indeed, the industry press is replete with re- Government. possible, and insuring that both sides are ports of growing interest and activity by indus- If the majority truly want to end the cycle of heard prior to a decision. His leadership, try in deep water areas. dependence, why not do so for the richest in knowledge, and experience will be missed, but According to a March 13, 1995, article in the our society, not just for the poorest? Why, at I know my colleagues join me in encouraging `Òil and Gas Journal,'' written by senior editor a time when working people are increasingly Hank to continue his civic involvement. A.D. Koen, `Ìmproved economics, better tech- living on the economic edge, do we need to f nology, and growing experience are converg- give multibillion dollar tax breaks to multi- ing in the Gulf of Mexico's ultradeep water national energy conglomerates to do what CONGRATULATINS TO MS. APRIL areas to fuel a new era of U.S. offshore devel- they are already doing: drilling for oil? GENTES opment.'' The author describes the factors And, never satisfied with a limited corporate contributing to this surge in Outer Continental tax break when a bigger one will do, some in Congress now are planning to expand the HON. PATRICK J. KENNEDY Shelf [OCS] development: ``Companies taking OF RHODE ISLAND the plunge into deeper water credit better eco- unneeded royalty relief to environmentally im- IN THE HOUSE OF REPRESENTATIVES nomics with providing the impetus to begin ex- portant waters in Alaska. ploiting discoveries. Lower finding, develop- The American people are not interested in Thursday, March 30, 1995 cutting social welfare programs in order to pay ment, and production costs make some of the Mr. KENNEDY of Rhode Island. Mr. Speak- for corporate welfare. They are justifiably tiring gulf's larger reservoirs in very deep water er, I rise today to extend congratulations on of high-priced lobbyists securing lucrative tax competitive with many other offshore pros- behalf of the U.S. Congress to Ms. April breaks and special treatment from the Repub- pects, United States or non-United States in Gentes, a resident of Rumford, RI who is a lican leadership while those too young, too any water depth.'' senior at Bishop Feehan High School in Attle- poor, or too weak are told they must sacrifice Deep water reserves in the gulf are provid- boro, MA. more. ing to be larger and more profitable than origi- Ms. Gentes has been named a national win- The oil industry is already proceeding with nally projected. According to a December 7, ner in the 1995 Voice of Democracy Program and profiting from deep water development 1994, New York Times article, deep water re- and recipient of a National Veterans of For- without additional royalty relief. We shouldn't serves are thought to hold 50 percent more oil eign Wars Scholarship Award. This distin- be bribing them to do what they are doing al- than the giant Prudhoe Bay fields in Alaska, guished program began 48 years ago and, ready. as much as 15 billion barrels. this year, had 125,000 participants competing The royalty holiday is a paid vacation for the In the November 21, 1994, issue of Forbes for 47 annual scholarships nationwide with the oil industry, and a bad deal for the taxpayer. magazine, Shell and British Petroleum officials submission of an essay on the subject of ``My stated that they could develop the first 500 f Vision for America.'' million barrels from the 2,933-foot deep MARS TRIBUTE TO COL. HENRY E. Mr. Speaker, I am proud to present Ms. field in the gulf at a cost of only $3 per barrel. STRICKLAND Gentes essay for the RECORD. Thus, even though the deep water fields are ‘‘MY VISION FOR AMERICA’’ expensive, they are large enough that the per HON. THOMAS M. DAVIS (By April Gentes) barrel production cost is exceedingly low, gen- OF VIRGINIA A world without prejudice and bigotry any- erating plenty of profit and reducing any jus- IN THE HOUSE OF REPRESENTATIVES where. A place where the word hatred does tification for royalty relief or tax breaks. Thursday, March 30, 1995 not exist. Somewhere where people will help Moreover, the technology is constantly im- one another and not think of their own needs proving, as noted in the Wall Street Journal on Mr. DAVIS. Mr. Speaker, it gives me great first. A place where children can run and January 25, 1995: `Ìndustry executives believe pleasure to rise today to pay tribute to Col. play and moms and dads won’t have to worry tension leg-platforms can be affordable in Henry E. Strickland, a distinguished gentleman about their safety. A land filled with people water as deep as 6,000 feet.'' from Fairfax County in Virginia's 11th Con- who are not poor, hungry, or homeless. A As a result of these disclosures, it was with gressional District. He will be honored by the place where all who are there feel loved and accepted. Somewhere where no man or some consternation that I read in the March Fairfax County Planning Commission on April woman, boy or girl, feels they are worthless 24, 1995, edition of The Energy Daily that 1, 1995. A graduate of the U.S. Military Acad- or can not make a difference in someone some congressional leaders and some officials emy at West Point, Hank moved to Fairfax else’s life. A place where forgiveness and in the administration are supporting a proposal County after a distinguished career in the U.S. trust go hand in hand. A land with no dis- to reduce substantially royalties owed on deep Army. ease, war or killing. This is my vision for water oil and gas leases on public lands in the Hank Strickland recently retired from the America. Gulf of Mexico. Fairfax County Planning Commission after I believe that every single person in this The new legislative proposal, S. 158, would service since April 1989. Under his tenure the world is here for a reason. I have a story I’m sure you’ve heard before but it ties in well provide a royalty holiday for producers that county planning commission replanned much about how my vision of America would be. It drill in deep waters in order to ``revitalize the of Fairfax County's high growth corridors, in- goes like this: One day a girl was walking domestic oil and gas industry.'' Under this ill- cluding the Route 28 corridor, Tyson's Corner, along a beach where thousands of star fish conceived scheme, the U.S. Department of and Reston Town Center. were washed up along the shore. The girl the Interior would forgive all royalty payments More importantly, as the Mason district started picking the star fish up, one by one, owed to the Federal taxpayer until all drilling member of the planning commission, Hank and throwing them back into the ocean. As expenses have been recovered. helped in the revitalization of the Baileys she was doing this a man walking noticed This royalty relief, in addition to the ex- Crossroads area, and worked with numerous her. He walked up to her and asked ‘‘little girl, don’t you see there are thousands of tremely favorable tax treatment the oil and gas civic associations to prevent commercial en- star fish here all washed up on the sand. You industry already enjoys, would make for a very croachment into the long established residen- can’t possibly save them all, so why are you generous gift during a time of fiscal constraint. tial neighborhoods. Neighborhoods from trying too?’’ The little girl looked up at the According to a Congressional Research Serv- Sleepy Hollow to Glen Forest have worked man and, hurt by his question, thought for a ice analysis provided to the Natural Resources with Hank in their efforts to balance the need moment. Then she replied ‘‘No, you’re right. Committee last year, the current effective tax for an expanded commercial base with their I can’t possibly save them all, but I can save rate for oil and gas companies is 17 percent, needs to preserve their residential quality of this one (and she picked up a star fish and and independent oil and gas producers are life. threw it back into the ocean.) and I can help this one’’, and she picked up another one and estimated to enjoy an effective tax rate of In addition to serving on the planning com- did the same. She continued on walking and zero, due to the benefits of depreciation, de- mission Hank served as chairman of the throwing the star fish back into the water pletion allowance, alternative minimum tax, Mason District Council, president of the feeling happy with what she could do to help. and other tax credits which the industry is al- Sleepy Hollow Civic Association, and former This story has so much meaning behind it. lowed under current law. chairman of the Mason District Land Use Task Instead of the girl being intimidated by the March 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 743 man’s frightfully true question, she kept on Mr. Pratt's appearance in Milwaukee. I ap- unelected staff, lobbyists, and agency bureau- going. She was not ashamed of what she plaud their commitment to the arts, which is crats. I can tell you that this is not what my could not do, rather she only thought of demonstrated by their efforts to share Mr. constituents want. what she could do. If everyone in America thought of one thing they could do to make Pratt's unique talent with our community. Mr. Mr. Chairman, to me it is also disingenuous someone else’s life a little brighter, our Speaker, I am personally looking forward to of the GOP to claim support for term limits country would be in pretty good shape. experiencing Mr. Pratt's performance, which and yet put forth a bill that will not affect them By starting out with lots of small things to was made possible by the benevolence of for at least another 19 years and does not do or ways of being there for other people, these businesses. speak to the issue of State preemption. This soon it will lead to big changes. By first f is just blatant, and frankly quite despicable, starting with the family and having peace political posturing. and happiness within the home, eventually TERM LIMITS CONSTITUTIONAL If you want term limits, if you believe they that peace and love will spread into society. AMENDMENT By learning to accept people’s differences are such a great idea, and think that many years of service in the U.S. Congress is inher- first in our communities we will then be able SPEECH OF to accept and understand all those around ently evil, why not make term limits retroactive us. By giving of our time and money to help HON. CARDISS COLLINS and also defer to those States with less than those struggling right in our area, they in OF ILLINOIS 12-year limits currently on the books? Maybe turn will help other people when they can. It IN THE HOUSE OF REPRESENTATIVES because you are trying to fool the American will be like one big domino effect of humans Wednesday, March 29, 1995 people. Well, let me tell you something, Mr. loving and caring for each other as God calls Chairman, the American people are not stupid. us to do. People will feel good about them- The House in Committee of the Whole They can see through such charades. selves being able to make a difference in House on the State of the Union had under someone else’s life. More people will want to Mr. Chairman, I vigorously urge defeat of consideration the joint resolution (H.J. Res. House Joint Resolution 73. The leadership in work together to meet common goals and 73) proposing an amendment to the Constitu- achieve individual and nationwide dreams. tion of the United States with respect to the this body better start concentrating on the real America will once again be the country of number of terms of office of Members of the needs of the American people, like jobs, ac- equal opportunities and freedom for every- Senate and the House of Representatives: cessible and affordable health care, commu- one. There will be no more people trapped in Mrs. COLLINS of Illinois. Mr. Chairman, I nity development and revitalization, and the fear or robbed of their pride. We will all be long-term economic and social growth of this viewed as people, people who love and ac- rise in opposition to House Joint Resolution cept, forgive and protect, one another. 73, in opposition to term limits for Members of country. if they don't begin to, it's a pretty safe I don’t believe that having this hope of Congress, and I urge my colleagues to reject bet that their terms will be limited regardless America is being naive. I believe it is putting this ill-conceived legislation. of the passage of this legislation. a lot of faith and trust into one another Why do I oppose term limits? Well for one, f through, and I know we can do this together. they are absolutely unnecessary. The voting With each of us having different yet special MOUNT HOPE FERC LICENSE gifts and talents, we are able to share these public always has, and will continue to have, with one another. If all of our hopes and as- complete control over the membership of both pirations are put together we will be able to the House of Representatives and the Senate. HON. RODNEY P. FRELINGHUYSEN have one vision of America that is a vision One need only to look back to last year's his- OF NEW JERSEY for everyone. toric November elections to recognize this IN THE HOUSE OF REPRESENTATIVES f fact. Those Representatives and Senators that were not doing the job their constituents want- Thursday, March 30, 1995 COMMENDATION OF AWADAGIN ed or expected were not reelectedÐpure and Mr. FRELINGHUYSEN. Mr. Speaker, I rise PRATT SYMPHONY SPONSORS simple. today to introduce legislation to extend the The reality that my Republican friends tend Federal Energy Regulatory Commission HON. THOMAS M. BARRETT to deemphasize and don't want to discuss is [FERC] license for the Mt. Hope Hydroelectric OF WISCONSIN that more than half the Members of this House Project in Rockaway Township, NJ. IN THE HOUSE OF REPRESENTATIVES have been elected only within the past 6 The proposed Mt. Hope Waterpower Project years. That's rightÐover 50 percent of this is an advanced pumped storage hydroelectric Thursday, March 30, 1995 Chamber are serving in their third term or plant which is the third largest hydroelectric Mr. BARRETT of Wisconsin. Mr. Speaker, I less. plant in the country to be licensed by FERC. rise today to salute the efforts of three busi- In addition, term limits are an affront to the Since its inception, the sponsors of this nesses in my district who have generously basic rights, responsibilities, and intelligence project have been diligently working to see sponsored the appearance of Mr. Awadagin of all American citizens. Our Federal Govern- that this proposal can become a reality. I intro- Pratt, an extraordinary pianist, to perform with ment functions best when the public and the duce this legislation today to allow the project the Milwaukee Symphony Orchestra this Congress act together to carry out the respon- developers to have every opportunity, in this weekend. sibility for moving our Nation forward. An edu- period of electric energy deregulation, to con- The sponsors, WMCS AM 1290 Radio, the cated and politically aware public is vital for vince power purchasers of the merits of this Milwaukee Community Journal, and the Mil- the strength of our democracy. project. waukee Times have worked together to spon- However, term limits take away the ability of This project will generate 2,000 megawatts sor and promote Mr. Pratt's much-anticipated voters to choose who they want to represent of electricityÐenough power to heat and light performances. Led by guest conductor Her- them at the Federal level by imposing an arbi- a 1¤2-million homes and businesses in the mann Michael, Mr. Pratt will share his gift for trary timetable on length of service without re- Northeast at times of peak demand. It brings the piano in a series of concerts to be held gard to a Member's effectiveness or respon- many benefits to the consumers of not only this weekend at Uihlein Hall in Milwaukee's siveness to the needs of his or her constitu- New Jersey but also New York, Pennsylvania, Performing Arts Center. ents. In effect, term limits say to the voters, Maryland, and Delaware. As an African-American and a virtuoso pian- ``You are not smart enough to know the issues In addition to power production, this project ist, Awadagin Pratt is recognized as one of the at hand, to know for whom to vote, to know will mean a significant reduction in air pollution most versatile and fastest rising stars in the who will best represent you and your fellow and will help New Jersey meet its Clean Air arts community. Mr. Pratt was named one of neighbors, therefore we'll help you out.'' This Act goals. It is estimated that up to 50 tons of the 50 Leaders of Tomorrow in Ebony maga- is a ridiculous, untrue, antidemocratic propo- air pollution in the regional area will be elimi- zine's 50th anniversary issue, and he recently sition and one at which people should be nated if Mt. Hope is used for power generation performed at the White House for President strongly offended. instead of burning traditional fossil fuels. and Mrs. Clinton. Mr. Pratt was also selected Term limits are patently nonsensical. The I am very encouraged by the progress this as winner of a 1994 Avery Fisher Career only thing that they will serve to do is deprive project has made thus far and I hope that with Grant and the 1992 Naumburg International this institution of several effective legislators this extension, the project will soon become a Piano Competition. who have the historical perspective and exper- reality. I urge my colleagues to cosponsor this Mr. Speaker, I am proud that WMCS Radio, tise necessary to tackle the major challenges important legislation and will work with the Milwaukee Community Journal, and the Mil- facing this body and turn greater power and Commerce Committee members to see that waukee Times recognize the cultural value of influence in Congress over to entrenched, this legislation is considered soon. E 744 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 1995 PT PHONE HOME PROGRAM gains in any given year. Even among those cans it is a widely discussed and remembered with high incomes it is not universalÐabout 52 fact, it is not so widely known that Hispanic HON. JACK QUINN percent of those with incomes of $200,000 or Americans were also segregated into their OF NEW YORK more and 23 percent of those with incomes own units during the war. between $100,000 and $200,000 realize cap- Many Hispanic Americans served proudly in IN THE HOUSE OF REPRESENTATIVES ital gains every year. Truly, a privileged few. WWII. They fought honorably to advance the Thursday, March 30, 1995 Both the Joint Committee on Taxation and cause of democracy and freedom in the world; Mr. QUINN. Mr. Speaker, I rise today to sa- the Department of Treasury agree that most of and they died on battlefields far from their lute the hard work of my constituents back in the benefit of a cut in capital gains taxes will homes and families all over Europe and in the Buffalo, NY, as we celebrate the completion of go to the richest 6 percent of all taxpayers: 76 pacific. In WWII alone, 12 Hispanics received the PT Phone Home Program at the Buffalo percentÐa full three-quartersÐof the tax ben- the Medal of Honor. Interestingly enough, per VA Medical Center on Saturday. efit will go to those with incomes of $100,000 capita, there are more Hispanic recipients of PT Phone Home is a cost-effective volun- or more. the Congressional Medal of Honor than any teer program which solicits equipment, labor, The Republicans have tried to characterize other ethnic group, for meritorious service to and donations from a variety of groups for pa- the capital gains tax cut as a major benefit to their country in times of war. tient bedside telephone service at VAMC's ordinary Americans, those who realize a cap- In act, WWII was a transforming event for across the Nation. VA officials, NYNEX, the ital gain infrequently when they sell Grandma's the Hispanic community. Many Hispanics who Service Employees International Union [SEIU] farm or a family business upon retirement. served in the Armed Forces returned to the Local 200C, and the Communications Workers This is patently misleading. United States to blatant discrimination in their of America [CWA] Local 1122 have been col- Seventy-one percent of all capital gains are hometowns. Many built on their gallant service laborating to bring the PT Phone Home Pro- realized by taxpayers who realize capital gains after they returned home by organizing and gram to Buffalo. almost every year, according to the Joint making it known that discrimination was no A patient bedside telephone initial report is- Committee on Taxation. These financially so- longer acceptable. sued by the Department of Veterans Affairs phisticated high rollers receive most of the dol- One of the organizations that galvanized recognized that without the efforts of the PT lars of capital gains, so naturally they are the Hispanic veterans into a potent political force Phone Home Program and its volunteers, the ones who will get most of the benefit from the was the American G.I. Forum, founded by my bedside telephone project would not have Republican planÐnot ordinary Americans who political and personal mentor, Dr. Hector Gar- been started at this point. work hard for what they earn. cia, also a winner of the Congressional Medal With the services of PT Phone Home, VA And, wealthy repeaters who realize gains al- of Honor, of Corpus Christi, TX. The G.I. has estimated that $18 million will allow the most every year are the ones who will be Forum, and other organizations founded by planned installation of patient bedside tele- helped the most by the Republican plan. veteransÐfor veteransÐregistered voters and phone systems to be completed. Without The Republicans have tried to characterize petitioned local and State governments to treat these services, estimates run closer to $80 the Democrats' analysis as flawed by saying Hispanics equally with other elements of their million. Without the direct involvement of the that the numbers that Democrats have quoted communities. volunteer organizations mobilized under PT on the average benefit per taxpayer were The G.I. Forum will join the Ramos Family, Phone Home, the cost of such a program is computed on the basis of the whole popu- and the U.S. Hispanic Chamber of Commerce certainly prohibitive. lation, instead of just taking account of those in this importantÐand long overdueÐcere- Experience with this worthwhile program who actually receive the tax cuts. When the mony. computations are done on the basis that the has convinced me that bedside telephones are f an absolute necessity for our VA hospitals na- Republicans prefer, the average tax cuts are much bigger. tionwide. Bedside telephone service allows TRIBUTE TO CESAR CHAVEZ nurses and support staff to spend more time Treasury Department figures show that on clinical activities and increases patient mo- when the total capital gains tax cut going to rale by allowing veterans invaluable contact those with incomes of $200,000 or more is HON. MARCY KAPTUR averaged over only the 52 percent of tax- with their family and friends. OF OHIO payers at that income level who realize capital The veterans who use our veteran hospitals IN THE HOUSE OF REPRESENTATIVES are here because of the sacrifices they were gains, the result is a tax cut of almost $7,800 willing to make for their country. They were per taxpayer in 1996. If that figure simply kept Thursday, March 30, 1995 willing to serve in the name of freedom, and pace with inflation, it would be $9,300 by Ms. KAPTUR. Mr. Speaker, I rise today to I am very happy to be part of an effort to give 2002. honor the birthdate of a genuine American them something in return. f hero, Cesar Chavez, which is on Friday, I believe we owe all participants in the PT HONORING HISPANIC-AMERICAN March 31. It is hard to summarize the accom- Phone Home Program a great debt of grati- WWII SERVICE MEN AND WOMEN plishments and impact of those citizens whose tude and would ask my colleagues to join me work not only changes the nature of the world in recognizing those who made the Buffalo HON. SOLOMON P. ORTIZ in which they livedÐbut extends beyond their project successful. OF TEXAS natural lives into the lives of those who will Mr. Speaker, I am certain you agree that all IN THE HOUSE OF REPRESENTATIVES only know them by their legacy. the medicine in the world cannot replace the Just as every African-American citizen feels therapeutic value of contact with family and Thursday, March 30, 1995 the impact of Martin Luther King Jr.'s legacy in friends. Mr. ORITZ. Mr. Speaker, I rise today to their lives, every Hispanic citizen, especially f bring the attention of my colleagues to a very those who work the farms, fruit orchards and important and emotional event that is occur- vegetable fields of America, will feel the im- CAPITAL GAINS TAX BREAKS IN ring on March 31, 1995Ðthe laying of a pact of the life of Cesar Chavez. REPUBICAN BILL WILL BENEFIT wreath at the Tomb of the Unknown Soldier by Before Cesar, America's migrant workers A PRIVILEGED FEW the widow of Sgt. Abelardo Montanez. had few rights. He became their voice and the Sergeant Montanez was killed in the inva- force that fought for basic human liberties and HON. SAM GIBBONS sion of Attu, AL, in World War II. His widow, labor rights. OF FLORIDA Mrs. Esperanza Ramos Montanez, will lay the When Cesar died he left a legacy to be IN THE HOUSE OF REPRESENTATIVES wreath today on behalf of the widows and emulated by future generations and the les- mothers of the Hispanic-American WWII serv- sons learned will resonate for years to come. Thursday, March 30, 1995 ice men and women, at the Arlington National A legacy that will make migrant workers a full Mr. GIBBONS. Mr. Speaker, the capital Cemetery. partner in the agricultural industry, and bring gains exclusion and indexing in the Repub- The Armed Services of WWII were vastly them to full membership in our society with all lican tax plan provides a huge benefit for a different from the Armed Services of 1995. In the benefits that full membership implies. very small number of wealthy taxpayers. the 1940's, the United States was still a seg- Ever so slowly, migrant workers are entering The Treasury Department tells us that only regated society, both in civilian and in military into the mainstream of our society and into a 8 percent of the population realize capital life. While the segregation of African Ameri- status for which they have long aspired and is March 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 745 long overdue. Cesar's dream is moving to- rebel groups from making raids into Turkey. A TRIBUTE TO THE HONORABLE wards reality. Whether it be by increasing edu- We must not be fooled by what they say. JUDGE NATHANIEL R. JONES cation, work and training opportunities; con- It is accepted policy in that country to deny tinuing the fight to grain a liveable wage, ben- official acknowledgement of a group that com- HON. JAMES A. TRAFICANT, JR. efits, and working conditions; or guaranteeing prises close to 20 percent of its total popu- OF OHIO their access to full citizenship and the right to lation. Because they have no special protec- IN THE HOUSE OF REPRESENTATIVES have their grievance addressed by whether tion under Turkish law, Kurdish civilians have Thursday, March 30, 1995 legal means available. been victim to a policy of discriminate harass- As we move forward as a community to- ment, persecution, even killing and wounding Mr. TRAFICANT. Mr. Speaker, it gives me wards ensuring equal opportunity, equal pro- at the hands of the Turkish establishment. great pleasure to stand here today to honor a tections and equal membership for all peoples The Turkish Government has been con- remarkable man from the 17th Congressional in our society, let us remember the contribu- demned time and time again by the United District of Ohio. Please join me today in hon- tions of one of the greatest teachers on the Nations, Helsinki Watch, and Amnesty Inter- oring the Honorable Judge Nathaniel R. Jones means and importance of this pursuitÐCesar on his retirement from the U.S. Court of Ap- Chavez. national for denying Kurds the basic civil liberties. These include the right to freedom of peals. f Judge Jones has served on the bench of self-determination and the right to freely ex- the Sixth Circuit, U.S. Court of Appeals since TRIBUTE TO ALPHONSE AUCLAIR press the richness of their cultural heritage. his appointment during the Carter administra- Mr. Speaker, this current situation is no dif- tion in 1979. This accounts for 15 years of HON. JACK REED ferent. Thousands of Turkish-born Kurds are service to his country. In addition, Judge OF RHODE ISLAND now living in northern Iraq, after fleeing Turkey Jones has devoted much of his time outside IN THE HOUSE OF REPRESENTATIVES last year because of harassment from Turkish the office to community events and civil rights Thursday, March 30, 1995 officials. Their lives have been shattered be- activities. Judge Jones has the further distinc- cause of the incessant attacks on their herit- Mr. REED. Mr. Speaker, I rise today to sa- tion of having served the National Association age, culture, and indeed, their very existence. for the Advancement of Colored People as lute Alphonse Auclair, a distinguished individ- These civilians have been caught in the ual from Rhode Island who through his dedi- Chief Legal Counsel. crossfire for too long. These civilians only cation and hard work, has selflessly served Mr. Speaker, it is rare that I have the oppor- seek the freedom to choose their own des- the people of Rhode Island in many capac- tunity to honor someone like Judge Nathaniel ities. tinies. At the very least, this Government's re- R. Jones who has given so much not only to Mr. Auclair is a lifelong resident of Rhode sponse should be to say in no uncertain terms his own community but also to the entire Island. He was born in Woonsocket, RI and that they be allowed to pursue this very basic country. My sincere appreciation goes out to was educated in area schools. On his 18th right. Judge Jones for the job he has done. May he birthday, November 9, 1942, Alphonse en- However, Mr. Speaker, we may be also be blessed with health, happiness and contin- listed in the U.S. Marine Corps. After serving partly to blame for the ongoing crisis in the ued success in the years to come. his country with valor and distinction in the Pa- mountains of Iraq. f cific, including the battle for Iwo Jima, Not only does the Turkish Government re- STATEMENT OF REPRESENTATIVE Aphonse Auclair returned to Rhode Island. ceive vast amounts of United States financial ROMERO-BARCELO´ Mr. Auclair served as a police officer in the aid, we and our allies also supply their govern- city of Woonsocket from 1952 through 1977, ment with large amounts of military hardware. ´ when he was elected to represent his commu- These weapons are in turn being used to wipe HON. CARLOS A. ROMERO-BARCELO nity in the Rhode Island State Senate. In this out whole villages, to kill innocent women and OF PUERTO RICO capacity, Mr. Auclair was a champion of veter- children. We should follow the lead of the Ger- IN THE HOUSE OF REPRESENTATIVES ans issues in Rhode Island. In 1962 he helped man Government and look to end our weap- Thursday, March 30, 1995 to found the St. Joseph's Veterans Associa- ons trade with Turkey. Â tion, which has played a key role in veterans Mr. ROMERO-BARCELO. Mr. Speaker, re- I believe, Mr. Speaker, all United States aid ducing costly and unnecessary regulatory bur- affairs in Woonsocket ever since. In addition to Turkey should be reviewed in light of their to working to improve the lives of dens has become a leading theme in the history with other ethnic groups in Cyprus and 104th Congress. Today, I am introducing leg- Woonsocket's veterans, Mr. Auclair was in- Armenia. And just as important, that govern- strumental in the building of a monument dedi- islation that promotes this goal. The Environ- ment's current activities in the mountains of cated to the many Rhode Islander's that made mental Protection Agency has demanded that Iraq should further make us question our prior- the supreme sacrific in the Vietnam war. Puerto Rico institute costly secondary treat- ities in that region. Mr. Speaker, on behalf of the citizens of ment at one of the island's wastewater treat- Rhode Island, I ask my colleagues to join me Mr. Speaker, Turkey does have the right to ment facilities despite any showing that it will in honoring a truly exceptional individual, Al- protect its borders and to protect its citizens improve the environment and without consid- phonse Auclair. from terrorism. However, this very right cannot ering whether less costly alternatives would be equally or even more effective. This legisla- f be used to justify continued harassment and persecution of innocent civilian populations. tion, first, provides for an independent study of TURKEY MUST CEASE ITS RE- We have supported the right of Iraqi-born the relative costs, benefits, and feasibility of LENTLESS ATTACKS AGAINST Kurds to pursue independence from the re- alternatives to secondary treatment for THE KURDISH PEOPLE gime in Baghdad. Our troops are in the moun- wastewater discharged through a deep ocean tains of northern Iraq at this moment, protect- outfall from the Mayaguez wastewater treat- HON. BOBBY L. RUSH ing Kurds from the Iraqi military. However, Mr. ment plant, and second, permits Puerto Rico to apply for, and EPA to consider, a waiver of OF ILLINOIS Speaker, we should look to protect the rights secondary treatment requirements under the IN THE HOUSE OF REPRESENTATIVES of all Kurds, regardless of where they were Clean Water Act if such a waiver is appro- born. Thursday, March 30, 1995 priate. The United States has warned the Turkish Mr. RUSH. Mr. Speaker, I rise today to ex- Mr. Speaker, this legislation is a reasonable, press my extreme dismay and strong con- Government that we are watching. I will say cost-effective solution to what has become an cerns about the recent actions of the Turkish also that the whole world should watch this sit- interminable, intractable series of negotiations Government. uation very closely. This will not only hold that and court battles between Puerto Rico and the The government in Turkey has once again government accountable but will also force EPA over abstruse points of administrative decided that it is easier to address dissention this country to reevaluate its foreign priorities lawÐat considerable expense to the American around its borders with military force than to and practices. taxpayers. Section 301(h) of the Clean Water sit down to talk with those whose only wish is Act provides that EPA may waive secondary to seek freedom from overwhelming oppres- treatment standards for publicly owned treat- sion. ment works [POTW's] that meet certain efflu- You will hear from the Turkish Government ent standards. But the EPA contends it is that this recent excursion into Kurdish-held time-barred from considering a waiver applica- areas in Iraq is only aimed at stopping Kurdish tion for the Mayaguez POTW. E 746 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 1995 Under the 1977 Clean Water Act Amend- make its case on environmental grounds.1 PERSONAL EXPLANATION ments, coastal communitiesÐmainland and is- Such logic applies fully to this legislation. landÐwere permitted a time-limited oppor- I urge our colleagues on the Transportation HON. PETER A. DeFAZIO tunity to apply for exemptions from secondary and Infrastructure Committee and on the Re- OF OREGON treatment requirements if they met very strin- sources Committee to consider this bill and its IN THE HOUSE OF REPRESENTATIVES gent environmental standards for ocean dis- common sense approach to the regulatory charges. Overall, EPA has granted 39 waiv- burden confronting Puerto Rico. I understand Thursday, March 30, 1995 ers. All applications were required to be sub- that the EPA is receptive to this change in the Mr. DEFAZIO. Mr. Speaker, on March 9, I mitted to EPA by December 29, 1982. The law, which can only improve the marine envi- was having dinner at a nearby restaurant with Puerto Rico Aqueduct and Sewer Authority ronment off the west coast of Puerto Rico, and the Oregon State labor commissioner and ap- [PRASA] submitted 12 waiver applications, parently my electronic beeper malfunctioned and 6 have been tentatively approved. Only which will apply these regulatory requirements with cost effectiveness and flexibility, rather and I missed a recorded vote on the Cox two applicationsÐincluding one for the Maya- amendment to H.R. 956 which would cap non- guez treatment facilityÐwere denied, in De- than rigidly and without regard to their consequences. economic pain and suffering damages in cember 1993. The EPA insists that the Maya- health care liability cases at $250,000. If I had guez POTW construct secondary treatment fa- f been present I would have voted ``no.'' cilities costing approximately $100 million, de- f spite significant evidence that other, far less- IN HONOR OF THE 25TH ANNIVER- costly alternatives would be equally, or even SARY OF THE PICO RIVERA ROBERT GARCIA BRINGS more, effective in protecting the surrounding BOBBY SOX ASSOCIATION HISPANICS TOGETHER marine environment. Puerto Rico has proposed construction of a deep water outfall situated more than 300 feet HON. BILL RICHARDSON deep and several miles from shore as an al- HON. ESTEBAN EDWARD TORRES OF NEW MEXICO ternative to secondary treatment at the Maya- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES guez POTW. This would save the Common- IN THE HOUSE OF REPRESENTATIVES Thursday, March 30, 1995 wealth about $65 million. Substantial scientific Mr. RICHARDSON. Mr. Speaker, our former evidence gathered from similarly situated Thursday, March 30, 1995 POTW's with deep ocean outfalls indicates colleague, Bobby Garcia, has spent many that such methods can achieve the equivalent Mr. TORRES. Mr. Speaker, I rise today to years trying to forge better relations among all of secondary treatment standards or better. commemorate the 25th anniversary of the people. As a co-founder of the Congressional The evidence was so compelling in the in- Pico Rivera Bobby Sox Association. Hispanic Caucus, he sought to unite Hispanic stance of San Diego, CA, that Congress last For the past 25 years, the Bobby Sox Asso- Members of Congress working toward com- year enacted, and the President signed into ciation has been providing an invaluable serv- mon goals. As a private citizen, he has contin- law, legislation permitting EPA to consider a ice to the young girls, and now the young ued to focus his attention on uniting Hispanics section 301(h) waiver application proposing a boys, of Pico Rivera. The association was es- in this country and throughout our hemisphere. similar alternative to secondary treatmentÐ tablished in 1970 by a group of parents deter- Recently, Mr. Garcia hosted a reception in notwithstanding that such a waiver otherwise mined to give their daughters the same oppor- Washington honoring the current chairman of would be time-barred under the Clean Water tunities to play on an organized team sport, as the Congressional Hispanic Caucus, our col- Act. Puerto Rico deserves the same oppor- their sons. The parents, led by Bobby Sox league, ED PASTOR. Mr. Garcia also invited tunity to implement cost-effective alternatives founder and president of the board, Mr. Ray representatives of the Latin American republics and Spain to further our common inter- and seek a section 301(h) waiver. Garcia, labored countless hours laying out ests. This is not simply an issue of fairness or fields, building dugouts, and constructing and cost-effectiveness; it is also an issue of I commend our former colleague for his staffing a snack bar, all for the love of their work in improving relations between people science. The Clean Water Act was intended to children and softball. improve the marine environment. There is sig- and countries and urge my colleagues to re- The whole community has a vested interest nificant scientific evidence that suggesting that view the following article which appeared in in the success of this program. Countless par- a new deep ocean outfall at the Mayaguez the Caribbean Business publication. POTW would best protect the surrounding ma- ents have taken time out of their schedules to [From Caribbean Business, Mar. 23, 1995] coach, manage, chaperon, and care for these rine environment. Furthermore, this legislation GARCIA SEES EXPANDED CAUCUS ROLE young girls. And, because of their efforts, the would require a scientific study of the issue by (By John Collins) return on their investment has been immeas- the U.S. Geological Survey, an impartial agen- Former Congressman Robert Garcia of New cy with no interest in the outcome. Puerto urable. York views the Congressional Hispanic Cau- Rico is willing to share 50 percent of the fi- These young women have all learned les- cus, of which he was a co-founder, as an im- nancing necessary for the study. sons in comradery and sportsmanship. In portant catalyst for bringing Hispanics, in There are numerous precedents of such lim- 1977, the Pico Rivera Bobby Soxers All-Stars the U.S. and elsewhere in the world, closer ited exceptions to the requirements of section led by coaches Jim Cafferty and Eddie Gomez together for the mutual benefit of all. 301. The municipal wastewater treatment con- experienced the thrill of winning a national Garcia and his wife, Jane, hosted a recep- struction grant amendments of 1981 included tion in honor of the new chairman of the championship. Indeed, the whole association CHC, Ed Pastor, an Arizona Democrat. To a provision that extended the date under is to be commended for putting forth the effort help familiarize members of the Diplomatic which section 301(h) waivers could be re- to ensure the participation of the nearly 6,000 Corps with the workings of Congress and how quested and specifically permitted the city of young girls who have graced the softball dia- Hispanic members might assist them in Avalon, CA, to receive such a waiver. The monds at Rio Vista Park over the past 25 achieving their legislative agendas, Garcia Water Quality Act of 1987 included a specific years. invited representatives of the Latin Amer- exception for the Irvine Ranch Water District ican republics and Spain to the reception. I applaud every individual who has had a that permitted it also to file for a waiver after Among those attending were ambassadors part in making the Bobby Sox of Pico Rivera the deadline. Raul Granillo Ocampo (Argentina), Sonia The 1981 provision specifically reexamined a success. I know that the memories carried Picado (Costa Rica), Ana Cristina Sol (El Salvador), Jesus Silva Herzog (Mexico), Ri- section 301(h) and concluded: ``failure to in the hearts of their daughters are priceless. As a new generation of young girls, and now cardo Alberto Arias (Panama), Jaime de broaden eligibility * * * risks requiring treat- Ojedo (Spain), and Pedro Luis Echevarria ment for treatment's sake, involving the ex- boys, stand ready to take the fields at Rio (Venezuela). Countries represented by other penditure of funds which could be better used Vista, I hope the dedicated spirit which has diplomats included Brazil and Guatemala. to achieve additional water quality benefits accompanied their predecessors will continue EXPANDED DIVERSITY elsewhere.'' This provision does not grant for many more generations of players to The CHC was organized in 1977 when there variances. It simply allows variances to be come. were only four Hispanics in Congress, includ- sought with the burden on the applicant to ing Garcia. Today, the caucus has grown to 18 members, 13 Democrats and five Repub- licans. The largest segment of the CHC is of 1 H. Rep. No. 97–270, 97th Cong. 1st Sess. at p. 17. Mexican descent, four are Puerto Ricans, March 30, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 747 three are Cuban and one is Guamanian. Coalition Chief Executive Officer Manuel IN SUPPORT OF THE ENDANGERED Three are women, including Rep. Lucile Roy- Mirabel. SPECIES ACT bal-Allard (D-Cal.), whose father was a CHC co-founder. The previous chairman was Rep. f Jose E. Serrano (D-N.Y.). The current first HON. NANCY PELOSI vice chairman is Resident Commissioner TO AMEND THE INDIAN GAMING OF CALIFORNIA Carlos Romero Barcelo (D-P.R.). REGULATORY ACT ON BEHALF IN THE HOUSE OF REPRESENTATIVES The caucus is dedicated to voicing and ad- OF LOCAL COMMUNITIES vancing, through the legislative process, is- Thursday, March 30, 1995 sues affecting Hispanics in the U.S. and insu- Ms. PELOSI. Mr. Speaker, I rise today to lar areas. HON. TERRY EVERETT offer my strong support for the Endangered THE SPIRIT OF MIAMI Species Act. For over 20 years, this landmark While a guest at President Bill Clinton’s OF ALABAMA legislation has been America's contract with historic Summit of the Americas in Miami IN THE HOUSE OF REPRESENTATIVES nature. last December, Garcia was determined to re- It has also ensured the survival and con- turn to Washington committed to assisting Thursday, March 30, 1995 the CHC perform a much more active role in servation of hundreds of native fish, wildlife fostering dialogue and interaction between Mr. EVERETT. Mr. Speaker, earlier this and plant speciesÐand with them our natural its members and Hispanics throughout the year, the U.S. Supreme Court agreed to re- heritage. hemisphere and elsewhere in the world. ‘‘My view the suit filed by the Seminole Indians that Mr. Speaker, the Endangered Species Act idea is for the caucus to help really make would allow tribes to sue States in order to has helped to preserve biological diversity Clinton’s Spirit of Miami work,’’ Garcia said. within our country by preserving species that enter into Class III gamingÐcasino gam- The Spirit of Miami is a declaration of com- are on the brink of extinction. Since 1973, 731 blingÐcompacts. The Court's interest in hear- mitment signed at the summit. He recalled U.S. species have been listed under the En- how active the CHC was in the 1970s and 1980s ing this case points to the long overdue need in fostering greater understanding of Latin dangered Species Act. Without this vital pro- for a restructuring of the Indian Gaming Regu- tection, many listed species, including our na- America. latory Act. One glaring flaw of the statute lies Although modest, Washington observers tional symbol, the bald eagle, would have long point to the important role Garcia performed with the current approval process for gaming since become extinct. in persuading the late House Speaker Thom- compactsÐthe local communities do not have Mr. Speaker, the Endangered Species Act is as O’Neill (D-Mass.) that Argentine Presi- a voice in these matters which will clearly im- at a decisive crossroads. dent Raul Alfonsin should be afforded an op- pact their quality of life. While it has come under attack from those portunity to address a joint session of Con- By way of background, under current law, who contend that it places unnecessary road- gress after he had decided such an invitation all that is required for Class III gaming ap- should not be extended in the post-Falklands blocks in the path of economic development, War climate. proval is a compact between the tribe and polls consistently show that the American peo- StateÐthe local community affected by the ple support the Endangered Species Act by ARGENTINE PRAISE gaming activity has no involvement in the ap- wide margins. Garcia’s initiative ‘‘proved that subjects of common interest are easily discussed among proval process. Moreover, under the current The American people know that to abandon diplomats and Hispanic legislators here, to law, State and local governments are prohib- the Endangered Species Act would be tanta- the benefit of all our countries,’’ Ambassador ited from assessing taxes on these gaming ac- mount to an open season on endangered wa- Granillo Ocampo told Caribbean Business tivities. I believe that the local community, terfowl, marine mammals, songbirds, and from Washington. ‘‘With regard to Argenti- whose infrastructure and public services will other federally protected wildlife. It would give na’s message to the U.S.—a message of polit- be strained by the operation of a gambling ca- a green light to international traffickers of fur- ical reliability and economic predictability sino, should be able to participate in the ap- bearing animals, wild birds, elephant ivory, ti- from a country where democracy has flour- gers, and other wildlife and wildlife products. ished, a market economy is growing and proval process. A full-fledged casino would The time to protect America's biological re- human and civil rights are prevalent—I place untold burdens on the police, fire, res- sources is now Mr. Speaker. I urge all of my would say it has been understood and fos- cue, and other public services of a small town. colleagues to support re-authorization of a tered in Congress with the help of the Con- The roads, bridges and water and sewer ca- gressional Hispanic Caucus.’’ strong Endangered Species Act. pabilities of a small or rural town would be in- The Argentine envoy said: ‘‘This was true f when the then-Congressman Bob Garcia adequate to handle the added demand and chaired the Caucus during the 1980s and re- usage. DELAURO HONORS AIR NATIONAL mains so under the chairmanship of Con- Today I am joined by a number of interested GUARD UNIT gressman Ed Pastor.’’ members in introducing legislation that will Although it is a busy time in Washington give local communities a voice in the approval and the House was in session, several members were able to attend the reception in- process. First, the elected governing body, HON. ROSA L. DeLAURO cluding Reps. Solomon P. Ortiz (D-Texas); such as the city council, mayor or county com- OF CONNECTICUT Bill Richardson (D-N.M.); Roybal-Allard; missioners, would be required to approve the IN THE HOUSE OF REPRESENTATIVES Esteban E. Torres (D-Cal.); Nydia Velazquez Tribal-State compact. Second, the local com- Thursday, March 30, 1995 (D-N.Y.); and Romero Barcelo accompanied munity will then have the opportunity to ap- ˜ by his wife, Dona Kate. Also present was prove the compact through a referendum. The Ms. DELAURO. Mr. Speaker, I would like to Rep. Benjamin A. Gilman (R-N.Y.), the congratulate the 103d Air Control Squadron of chairman of the House Foreign Affairs Com- inclusion of the local community in the gaming compact will not only reflect a more complete the Connecticut Air National Guard in Orange, mittee. CT. The Orange Unit's tremendous service to representation of the people of the affected CLINTON REPRESENTED our country has earned it the 1994 Air Force area, but I believe will foster a friendlier and Representing the Clinton administration, Outstanding Unit Award. among others, were U.S. Trade Representa- more cooperative relationship between the For more than a half-century, the Orange tive Mickey Kantor; Alexander Watson, as- tribes and the local communities in which they Air National Guard Unit has guaranteed our sistant secretary of State for Inter-American reside. Affairs; Judge Nelson A. Diaz, general coun- Nation's security and demonstrated that citizen Whether you are a proponent of opponent militiasÐsuch as the ones that fought for and sel of the U.S. Department of Housing & of casino gambling, the concerns of impacted Urban Development; Jeffrey Farrow, co- won freedom in this land over 200 years chairman, White House Inter-agency Work- local communities should be factored into the agoÐare still effective and necessary. With ing Group on Puerto Rico. HUD Secretary process. This legislation will go a long way to support from a small number of full-time Air Henry G. Cisneros was represented by his alleviate these concerns, and believe that it is Force personnel, the Orange Unit fields more wife, Mary Alice; and another HUD official, time for Congress to take action and amend than 250 airmen and women. These members Aida Alvarez, the director of the Office of the Indian Gaming Regulatory Act. of our community serve the United States Federal Housing Enterprise Oversight, was also there. Tony Rodham, brother of first through the Air National Guard while keeping lady Hillary Clinton, was also present. their commitments to careers and families. Among others in attendance were Puerto These National guardsmen and women de- Rico Commerce Development Administrator serve our deepest thanks for their selfless Juan Woodroffe and National Puerto Rican service. E 748 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 1995 Although the National Guard finds its roots being recognized for 40 years of spiritual lead- tion set a standard for future generations to in colonial militias, today's Guard has adapted ership and service. emulate. to keep up with the technological changes that Dr. Lazowski was born in Belitza, Poland, in f have reshaped our Nation's fighting force. The 1930. Eighteen years later, he emigrated to Orange Unit exemplifies this progress. The the United States and began taking classes A TRIBUTE TO JIM BRADY AND unit's communications expertise enables it to that would eventually lead to a bachelor of re- GUN CONTROL coordinate air missions and track aircraft using ligious education degree from Yeshiva Univer- radar and even satellite communications. sity in 1955; a bachelor of arts degree from HON. ANNA G. ESHOO The Orange Air National Guard Unit distin- Brooklyn College in 1956; a master of science OF CALIFORNIA guished itself among all Air Force units to earn degree from Yeshiva in 1960; a doctorate of IN THE HOUSE OF REPRESENTATIVES this well-deserved honor not only by standing Jewish literature from the Jewish Teachers Thursday, March 30, 1995 at the ready, but by actively participating in Seminary and People's University in 1970; numerous missions around the globe. When- and a doctorate of divinity from the Jewish Ms. ESHOO. Mr. Speaker, I rise to pay trib- ever duty called, they were there. Theological Seminary of America in 1992. ute to Jim Brady and the historic Brady law The Orange Unit has worked hard to stem Rabbi Lazowksi's first calling was as the which has reduced gun violence in America. the tide of illegal drugs entering our country by spiritual leader of Congregation Beth Sholom Tody marks the 14th anniversary of the at- tracking drug flights in the Colombian jungle, in Manchester, CT, where he served for 14 tack by a lone gunman on President Reagan as well as on the Texas-Mexican border. As outside of a Washington hotel which left Jim years. In 1969 he accepted the position of the first Air National Guard Unit to participate Brady critically wounded. spiritual leader of Beth Hillel Synagogue in in Operation Deny Flight to prevent air attacks Although severely disabled, Jim Brady has Bloomfield, CT. He was supported in his work in the former Yugoslavia, the Orange Air become a spokesperson for all Americans by his wife, the former Ruth Rabinowitz, and Guard Unit ably replaced an active Air Force who live in fear because of gun violence. their three sons, Barry, Alan, and David. Unit and coordinated air operations over this Without his leadership, I believe Congress dangerous area. The unit's communications It was during his tenure at Beth Hillel that would not have passed legislation requiring a support has been vital to U.S. forces in Haiti he began his work on behalf of many profes- 5-day waiting period before a person can pur- and NATO exercises in Turkey. sional, civic, and humanitarian organizations, chase a firearm. In these and other missions, the Orange Air including: the Rabbinical Assembly in Con- Mr. Speaker, waiting periods work. Guard Unit has set itself apart. Congratula- necticut; the Hartford Police Department; the In California over the past 2 years, our 15- tions, and thank you for your dedicated serv- Institute of Living; the National U.J.A. Rabbini- day waiting period has helped deny firearms ice. cal Cabinet; the Educators Assembly of the purchases to nearly 12,000 people, including f United States and Canada, American Associa- 6,000 people convicted of assaults and 141 tion of Jewish Educators; the Hartford Jewish people under restraining orders for domestic TRIBUTE TO RABBI PHILIP Federation; and Bloomfield Interfaith Homes. violence. LAZOWSKI Rabbi Lazowski is known not only for his Let's not fall victim to the gun lobby which spiritual leadership, but for his intellectual in- is flexing its muscles in an attempt to overturn HON. BARBARA B. KENNELLY tegrity that invites others to follow his exam- Federal laws supported by 92 percent of all OF CONNECTICUT ple. He is admired and respected by countless Americans. people, of all religious beliefs. IN THE HOUSE OF REPRESENTATIVES In the spirit of Jim Brady and millions of his Now, after four decades of selfless service, admirers across this country and on behalf of Thursday, March 30, 1995 Rabbi Lazowski is being recognized by the countless victims of unnecessary Mrs. KENNELLY. Mr. Speaker, I rise today congregants, colleagues, family, and friends. shootings, I urge Members to repel the gun to honor and pay tribute to Rabbi Philip His contributions to the Greater Hartford com- lobby's request to overturn the Brady law and Lazowski, Ph.D, of Bloomfield, CT, who is munity, the State of Connecticut, and the Na- the assault weapons ban. Thursday, March 30, 1995 Daily Digest

HIGHLIGHTS Senate confirmed Daniel Glickman as Secretary of Agriculture. Senate Adopted: Chamber Action (1) Bingaman Amendment No. 426 (to Amend- Routine Proceedings, pages S4837–S4953 ment No. 420), to restore funding for programs Measures Introduced: Ten bills and one resolution under the Community Services Block Grant Act. were introduced, today, as follows: S. 647–656, and Pages S4845±46 (2) Burns Amendment No. 428 (to Amendment S. Res. 97. Page S4924 No. 420), to broaden areas in which salvage timber Measures Reported: Reports were made as follows: sales are not to be conducted. Page S4869 S. Res. 24, providing for the broadcasting of press (3) Grassley/Dorgan Amendment No. 430 (to briefings on the floor prior to the Senate’s daily con- Amendment No. 420), to prohibit the use of funds vening, with an amendment in the nature of a sub- by the Secretary of Agriculture to delineate new ag- stitute. ricultural wetlands, except under certain cir- Special Report entitled ‘‘Legislative Activities of cumstances. Pages S4883±85 the Committee on Labor and Human Resources, U.S. (4) Kerrey/Cohen Amendment No. 435 (to Senate, During the 103d Congress, 1993–1994’’. (S. Amendment No. 420), to rescind certain funds for Rept. No. 104–22) GSA Federal buildings and courthouses. (By 45 yeas S. 652, to provide for a pro-competitive, de-regu- to 49 nays (Vote No. 122), Senate failed to table the latory national policy framework designed to acceler- amendment.) Pages S4891±92, S4895, S4915 ate rapidly private sector deployment of advanced (5) By 78 yeas to 16 nays (Vote No. 124), Shelby telecommunications and information technologies Amendment No. 437 (to Amendment No. 435), to and services to all Americans by opening all tele- rescind certain funds for GSA Federal buildings and communications markets competition. (S. Rept. No. courthouses. Pages S4896±99, S4914±15 (6) Hatfield (for Hollings/Biden) Amendment No. 104–23) Pages S4923±24 440 (to Amendment No. 420), to restore funding in Measures Passed: the Department of Justice’s Drug Court Program. Reporting Deadlines: Senate passed S. 464, to Pages S4916±18 make the reporting deadlines for studies conducted Rejected: in Federal court demonstration districts consistent (1) Murray Amendment No. 429 (to Amendment with the deadlines for pilot districts. Page S4939 No. 420), to establish procedures to expedite salvage timber sales. (By 48 yeas to 46 nays (Vote No. 121), Rules Clarification: Senate passed S. 532, to clar- Senate tabled the amendment.) Pages S4869±82 ify the rules governing venue. Page S4939 (2) Boxer Amendment No. 436 (to Amendment FEMA Supplemental Appropriations/Rescissions: No. 420), to delete the rescission of the funds appro- Senate continued consideration of H.R. 1158, mak- priated for the Department of Education for the ing emergency supplemental appropriations for addi- Technology for Education of All Students Program tional disaster assistance and making rescissions for in the amount of $5 million and for the Star Schools the fiscal year ending September 30, 1995, taking Program in the amount of $5 million; and to rescind action on amendments proposed thereto, as follows: $11 million of the funds available under the Depart- Pages S4844±S4919 ment of Defense Appropriations Act 1995, for acquisition of two executive aircraft. (By 48 yeas to 46 nays (Vote No. 123), Senate tabled the amendment.) Pages S4892±96 D 445 D 446 CONGRESSIONAL RECORD — DAILY DIGEST March 30, 1995

(3) Reid/Bryan Amendment No. 438 (to Amend- Additional Statements: Pages S4937±39 ment No. 420), to transfer funds raised from electric Record Votes: Six record votes were taken today. ratepayers for nuclear waste disposal to drug abuse (Total—125) Pages S4844, S4882, S4895, S4896, S4914±15 block grants. (By 77 yeas to 17 nays (Vote No. 125), Senate tabled the amendment.) Pages S4903±08, S4915 Recess: Senate convened at 9:20 a.m., and recessed (4) Reid Amendment No. 439 (to Amendment at 11:12 p.m., until 9:30 a.m., on Friday, March 31, No. 420), to transfer funds raised from electric rate- 1995. (For Senate’s program, see the remarks of the payers for nuclear waste disposal to rural health out- Acting Majority Leader in today’s RECORD on page reach programs. Pages S4908±15 S4939.) Pending: Hatfield Amendment No. 420, in the nature of a Committee Meetings substitute. Pages S4844±S4919 D’Amato Amendment No. 427 (to Amendment (Committees not listed did not meet) No. 420), to require Congressional approval of aggregate annual assistance to any foreign entity using AUTHORIZATION—DEFENSE the exchange stabilization fund established under Committee on Armed Services: Subcommittee on Person- section 5302 of title 31, United States Code, in an nel resumed hearings on proposed legislation author- amount that exceeds $5 billion. izing funds for fiscal year 1996 for the Department Pages S4846±69, S4884±91, S4915±16, S4919 of Defense and the future years defense program, fo- Murkowski Amendment No. 441 (to Amendment cusing on Reserve component programs, receiving No. 427), of a perfecting nature. Page S4919 testimony from Deborah R. Lee, Assistant Secretary Senate will continue consideration of the bill on of Defense for Regional Affairs; Maj. Gen. Donald Friday, March 31, 1995. W. Shepperd, USAF, Director, Air National Guard; Nominations Confirmed: Senate confirmed the fol- Maj. Gen. Max Baratz, USA, Chief, Army Reserve; lowing nomination: Maj. Gen. John R. D’Araujo, USA, Director, Army By unanimous vote of 94 yeas (Vote No. 120 National Guard; Lt. Gen. Edward D. Baca, USA, EX), Daniel Robert Glickman, of Kansas, to be Sec- Chief, National Guard Bureau; Rear Adm. Thomas retary of Agriculture. Pages S4843±44, S4959 F. Hall, USN, Chief, Naval Reserve; Rear Adm. Nominations Received: Senate received the follow- Richard M. Larrabeo, USCG, Chief, Office of Readi- ing nominations: ness and Reserve, Coast Guard; Maj. Gen. Robert A. Catherine Baker Stetson, of New Mexico, to be a McIntosh, USAF, Chief, United States Air Force Re- Member of the Board of Trustees of the Institute of serve; Brig. Gen. Ronald G. Richard, USMC, Assist- American Indian and Alaska Native Culture and ant Deputy Chief of Marine Corps Staff for Man- Arts Development for the remainder of the term ex- power and Reserve Affairs; Maj. Gen. Roger W. piring May 19, 2000. Sandler, USA (Ret.), Reserve Officers Association of Army nominations in the rank of general. the United States, Maj. Gen. Robert F. Ensslin, USA Routine lists in the Air Force, Army, Navy. (Ret.), National Guard Association of the United Pages S4953±59 States, and Maj. Gen. Ansell M. Stroud, Jr., ARNGR, Adjutants General Association of the Nomination Withdrawn: Senate received notifica- United States, all of Washington, D.C.; Col. Bradley tion of the withdrawal of the following nomination: T. MacDonald, USMC, Marine Corps Reserve Offi- Catherine Baker Stetson, of New Mexico, to be a cers Association, and Rear Adm. Philip W. Smith, Member of the Board of Trustees of the Institute of USNR (Ret.), Naval Reserve Association, both of Al- American Indian and Alaska Native Culture and exandria, Virginia; and Master Sgt. Michael P. Cline, Arts Development for a term expiring May 19, USA (Ret.), Enlisted Association of the National 2000, which was sent to the Senate on January 5, Guard of the United States, Subcommittee will meet 1995. Page S4959 again on Wednesday, April 5. Messages From the House: Pages S4919±20 AUTHORIZATION—DEFENSE Communications: Page S4920 Committee on Armed Services: Subcommittee on Acqui- Petitions: Pages S4920±23 sition and Technology resumed open and closed Statements on Introduced Bills: Pages S4924±31 hearings on proposed legislation authorizing funds Additional Cosponsors: Pages S4931±32 for fiscal year 1996 for the Department of Defense and the future years defense program, focusing on Amendments Submitted: Pages S4934±37 the Counterproliferation Support Program, receiving Authority for Committees: Page S4937 testimony from William B. Shuler, Deputy Assistant March 30, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 447 Secretary for Counterproliferation, Office of the As- sumed hearings on S. 440, to provide for the des- sistant to the Secretary of Defense for Atomic En- ignation of the National Highway System, focusing ergy; G. William Heiser, Director, Military Assist- on the use of crumb rubber in asphalt pavement and ance and Response, Office of the Under Secretary of the diversion of funds to State safety programs for Defense for Policy; Capt. Ronald D. Gumbert, USN, States without motorcycle helmet and safety belt use Assistant Deputy Director for Strategy and Policy, laws, receiving testimony from Senators Lautenberg, Office of the Joint Chiefs of Staff; and Gordon Campbell, Nickles, and Snowe; Mark L. Rosenberg, Oehler, Director, Non-Proliferation Center, Central Director, National Center for Injury Prevention and Intelligence Agency. Control, Centers for Disease Control and Prevention Subcommittee will meet again on Thursday, April (Atlanta, Georgia), Department of Health and 6. Human Services; Rhode Island State Senator Wil- SCIENCE AND TECHNOLOGY PROGRAMS liam Enos, Tiverton; New Hampshire State Rep- Committee on Commerce, Science, and Transportation: Sub- resentative Sherman Packard, Londonderry; Illinois committee on Science, Technology, and Space con- State Senator John Cullerton, Chicago; Marshall cluded oversight hearings on activities of the Office Moore, North Dakota Department of Transportation, of Science and Technology Policy and the proposed Bismarck; Frank Carlile, Florida Department of fiscal year 1996 budget for the National Science Transportation, Tallahassee; Gary Sauer, Maple Foundation, after receiving testimony from John H. Grove, Minnesota, on behalf of the National Asphalt Gibbons, Director, Office of Science and Technology Pavement Association; and Jed Billings, FNF Con- Policy; Neal F. Lane, Director, National Science struction, Inc., Tempe, Arizona. Foundation; Robert Swenson, Montana State Univer- Hearings continue on Thursday, April 6. sity, Bozeman; Royce Engstrom, University of South Dakota, Vermillion; John Saunby, Union Carbide FOREIGN AFFAIRS REORGANIZATION Technical Center, Salem, South Carolina; and Joseph Committee on Foreign Relations: Committee resumed Danek, EPSCOR Foundation, Washington, D.C. hearings on proposals to reorganize and revitalize MINING LAW REFORM American foreign affairs institutions, focusing on al- Committee on Energy and Natural Resources: Sub- ternatives to the Agency for International Develop- committee on Forests and Public Land Management ment, receiving testimony from Linda F. Powers, held hearings on S. 504, to modify the requirements ENRON Development Corporation, Houston, Texas; applicable to locatable minerals on public domain John D. Kasarda, Kenan Institute for Private Enter- lands, consistent with the principles of self-initiation prise, Chapel Hill, North Carolina; and John W. Se- of mining claims, and S. 506, to provide a reason- well, Overseas Development Council, Washington, able royalty from mineral activities on Federal lands, D.C. to specify reclamation requirements for mineral ac- Hearings were recessed subject to call. tivities on Federal lands, and to create a State program for the reclamation of abandoned hard rock FOREIGN AFFAIRS REORGANIZATION mining sites on Federal lands, receiving testimony from John D. Leshy, Solicitor, Department of the In- Committee on Foreign Relations: Subcommittee on terior; Jim Carter, Utah Division of Oil, Gas, and International Operations held hearings on proposals Mining, Salt Lake City; Dino DiCianno, Nevada De- to reorganize and revitalize American foreign affairs partment of Taxation, Carson City; Douglas C. institutions, receiving testimony from Richard M. Yearley, Phelps Dodge Corporation, Phoenix, Ari- Moose, Under Secretary of State for Management; zona, on behalf of the Mineral Resources Alliance John D. Holum, Director, United States Arms Con- and the National Mining Association; Steven C. trol and Disarmament Agency; Joseph D. Duffey, Borell, Alaska Miners Association, Anchorage; Lois Director, United States Information Agency; J. Brian VanHoover, Alliance of Independent Miners, Boise, Atwood, Administrator, Agency for International Idaho; Lynne Stone, Boulder-White Clouds Council, Development; Jeffrey E. Garten, Under Secretary of Ketchum, Idaho; Ed Whitelaw, University of Or- Commerce for International Trade; Robert M. egon, Eugene; and Philip M. Hocker, Mineral Policy Kimmitt, Lehman Brothers, and John Rhinelander, Center, Washington, D.C. Shaw, Pittman, Potts and Trowbridge, both of Hearings were recessed subject to call. Washington, D.C.; and William Schneider, Jr., NATIONAL HIGHWAY SYSTEM International Planning Services, Inc., Arlington, Vir- ginia. Committee on Environment and Public Works: Sub- Hearings were recessed subject to call. committee on Transportation and Infrastructure re- D 448 CONGRESSIONAL RECORD — DAILY DIGEST March 30, 1995 GAO General for Audit, and Leo Kornfeld, Senior Advisor Committee on Governmental Affairs: Committee held to the Secretary, all of the Department of Education; oversight hearings on the roles, mission, and oper- Cornelia M. Blanchette, Associate Director, Edu- ation of the General Accounting Office and its fu- cation and Employment Issues, Health, Education, ture direction, receiving testimony from Charles A. and Human Services Division, General Accounting Bowsher, Comptroller General of the United States, Office; Lynn M. Fawthrop, Roger Williams Univer- and James F. Hinchman, Special Assistant to the sity, Bristol, Rhode Island, on behalf of the Advisory Comptroller General, both of the General Account- Committee on Student Financial Assistance; Ru- ing Office; and R. Scott Fosler, Alan K. Campbell, dolph G. Penner, KPMG Peat Marwick, Washing- and Annmarie Walsh, all of the National Academy ton, D.C.; Larry M. Tait, Florida A&M University, of Public Administration, Washington, D.C. Tallahassee; James A. Belvin, Jr., Duke University, Hearings were recessed subject to call. Durham, North Carolina; Joseph A. Russo, Univer- sity of Notre Dame, Notre Dame, Indiana; Donald STUDENT LOAN PROGRAM M. Honeman, University of Vermont, Burlington; Committee on Labor and Human Resources: Subcommit- and Earl E. Dowling, Iowa State University, Ames. tee on Education, Arts and Humanities concluded oversight hearings on the implementation and ad- SENATE FLOOR PRESS BRIEFINGS ministration of the Federal Direct Student Loan Pro- Committee on Rules and Administration: Committee or- gram, focusing on the loan disbursement process, in- dered favorably reported, with an amendment in the cluding collection and servicing issues, after receiv- nature of a substitute, S. Res. 24, providing for the ing testimony from Madeleine Kunin, Deputy Sec- broadcasting of press briefings on the floor prior to retary, Steven A. McNamara, Assistant Inspector the Senate’s daily convening. h House of Representatives changes effectuating policies of the Federal Commu- Chamber Action nications Commission—clearing the measure for Sen- Bills Introduced: Fourteen public bills, H.R. ate action. Pages H3996±H4004 1360–1373; one private bill, H.R. 1374; and four H. Res. 121, the rule which waived points of resolutions, H.J. Res. 83–85 and H. Res. 124, were order against the conference report, was agreed to introduced. Pages H4030±31 earlier by a recorded vote of 244 ayes to 178 noes, Reports Filed: Reports were filed as follows: Roll No. 279. By a yea-and-nay vote of 224 yeas to H.R. 655, to authorize the Hydrogen Research, 201 nays, Roll No. 278, agreed to order the previous Development, and Demonstration Programs of the question on the rule. Pages H3986±95 Department of Energy, amended (H. Rept. 104–95); Robert H. Michel Rooms: House agreed to H. Res. and H.R. 1345, to eliminate budget deficits and man- 65, naming certain rooms in the House of Rep- agement inefficiencies in the government of the Dis- resentatives wing of the Capitol in honor of former trict of Columbia through the establishment of the Representative Robert H. Michel. Pages H4005±08 District of Columbia Financial Responsibility and Agreed to: Management Assistance Authority (H. Rept. The Thomas amendment in the nature of a sub- 104–96). Page H4030 stitute. Page H4008 Amend the preamble and the title. Page H4008 Speaker Pro Tempore: Read a letter from the Speaker wherein he designates Representative Legislative Program: The Majority Leader an- Largent to act as Speaker pro tempore for today. nounced the legislative program for the week of Page H3979 Monday, April 3. Agreed to adjourn from Thursday Health Insurance Costs: House agreed to the con- to Monday. Pages H4008±10 ference report on H.R. 831, to amend the Internal Late Report: Conferees received permission to have Revenue Code of 1986 to permanently extend the until midnight on Friday, March 31, to file the con- deduction for the health insurance costs of self-em- ference report on H.R. 889, making emergency sup- ployed individuals, and to repeal the provision per- plemental appropriations and rescissions to preserve mitting nonrecognition of gain on sales and ex- March 30, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 449 and enhance the military readiness of the Depart- U.S. Marshals Service; Philip Lader, Administrator, ment of Defense for the fiscal year ending September SBA; Rafael Borras, Acting Director, Minority Busi- 30, 1995. Page H4008 ness Development Agency; and William Ginsberg, Late Report: The Committee on Science received Assistant Secretary, Economic Development, Depart- permission to have until 5:00 p.m. today, to file a ment of Commerce. report on H.R. 655, Hydrogen Future Act of 1995. FOREIGN OPERATIONS APPROPRIATIONS Page H4008 Committee on Appropriations: Subcommittee on Foreign Calendar Wednesday: Agreed to dispense with Cal- Operations, Export Financing, and Related Agencies endar Wednesday business of Wednesday, April 5. continued appropriation hearings. Testimony was Page H4010 heard from Members of Congress and public wit- Late Report: The Committee on Government Re- nesses. form and Oversight received permission to have INTERIOR APPROPRIATIONS until midnight tonight to file a report on H.R. 1345, to eliminate budget deficits and management Committee on Appropriations: Subcommittee on Interior inefficiencies in the government of the District of and Related Agencies held a hearing on the National Columbia through the establishment of the District Park Service. Testimony was heard from Roger G. of Columbia Financial Responsibility and Manage- Kennedy, Director, National Park Service, Depart- ment Assistance Authority. Page H4024 ment of Interior. Senate Messages: Message received from the Senate LABOR–HHS–EDUCATION today appears on page H3979. APPROPRIATIONS Quorum Calls—Votes: One yea-and-nay vote and Committee on Appropriations: Subcommittee on Labor, one recorded vote developed during the proceedings Health and Human Services, Education and Related of the House today and appear on pages H3994–95 Agencies held a hearing on the National Cancer In- and H3995. There were no quorum calls. stitute and National Center for Research Resources, National Institute of Child Health and Human De- Adjournment: Met at 10:00 a.m. and adjourned at velopment and on the National Institute of Diabetes, 5:29 p.m. Digestive and Kidney Diseases. Testimony was heard from the following officials of the Department of Committee Meetings Health and Human Services; Edward J. Sondik, OVERSIGHT M.D., Acting Director, National Cancer Institute; Judith L. Vaitukaitis, M.D., Director, National Cen- Committee on Agriculture: Subcommittee on Resource ter for Research Resources; Duane Alexander, M.D., Conservation, Research and Forestry and the Sub- Director, National Institute of Child Health and committee on Fisheries, Wildlife and Oceans of the Human Development; and Phillip E. Gorden, M.D., Committee on Resources held a joint oversight hear- Director, National Institute of Diabetes, Digestive ing to review law enforcement activities on federal and Kidney Diseases. lands. Testimony was heard from Senator Kempthorne; Mollie Beattie, Director, U.S. Fish and MILITARY CONSTRUCTION Wildlife Service, Department of the Interior; Greg APPROPRIATIONS Matlock, Program Management Officer, National Committee on Appropriations: Subcommittee on Mili- Marine Fisheries Service, NOAA, Department of tary Construction continued appropriation hearings. Commerce; Alan G. Lance, Attorney General, State Testimony was heard from public witnesses. of Idaho; and public witnesses. TRANSPORTATION APPROPRIATIONS COMMERCE, JUSTICE, STATE AND Committee on Appropriations: Subcommittee on Trans- JUDICIARY APPROPRIATIONS portation and Related Agencies held a hearing on Committee on Appropriations: Subcommittee on Com- FAA Training. Testimony was heard from the fol- merce, Justice, and State and the Judiciary, and Re- lowing officials of the Department of Transportation: lated Agencies held a hearing on Federal Judiciary, Todd Zinser, Principal Investigator, Office of Inspec- and on Economic and Business Development. Testi- tor General; and David Hinson, Administrator, FAA. mony was heard from Richard S. Arnold, Chief Judge, Eighth Circuit, U.S. Court of Appeals; the TREASURY, POSTAL SERVICE, AND following officials of the Department of Justice: GENERAL GOVERNMENT APPROPRIATIONS Carol DiBattiste, Director, Executive Office of the Committee on Appropriations: Subcommittee on Treas- U.S. Attorneys; and Eduardo Gonzalez, Director, ury, Postal Service, and General Government held a D 450 CONGRESSIONAL RECORD — DAILY DIGEST March 30, 1995 hearing on OPM/OMB/GAO-Federal Personnel Is- ADMINISTRATION’S INTERNATIONAL sues, OPM and Inspector General for OPM. Testi- AFFAIRS BUDGET mony was heard from Alice M. Rivlin, Director, Committee on International Relations: Held a hearing on OMB; the following officials of the OPM: James B. the Administration’s International Affairs Budget King, Director; and Patrick McFarland, Inspector Request for Fiscal Year 1996. Testimony was heard General; and Timothy P. Bowling, Associate Direc- from Warren Christopher, Secretary of State; J. Brian tor, Federal Human Resources Management Issues, Atwood, Administrator, AID, U.S. International De- General Government Division, GAO. velopment Cooperation Agency; and Lt. Gen. Thom- VA, HUD, INDEPENDENT AGENCIES as Rhame, USA, Director, Defense Security Assist- APPROPRIATIONS ance Agency, Department of Defense. Committee on Appropriations: Subcommittee on Veter- ENFORCEMENT OF FEDERAL DRUG LAWS ans’ Affairs and Housing and Urban Development, and Independent Agencies concluded hearings on Committee on the Judiciary: Subcommittee on Crime NASA. Testimony was heard from Daniel S. Goldin, held a hearing on Enforcement of Federal Drug Administrator, NASA. Laws. Testimony was heard from the following officials of the Department of Justice: Louis J. Freeh, MARKETS AND TRADING Director, FBI; and Thomas Constantine, Adminis- REORGANIZATION AND REFORM ACT trator, DEA. Committee on Banking and Financial Services: Sub- OVERSIGHT committee on Capital Markets, Securities and Gov- ernment-Sponsored Enterprises held a hearing on Committee on the Judiciary: Subcommittee on Immi- H.R. 718, Markets and Trading Reorganization and gration and Claims held an oversight hearing on ver- Reform Act of 1995. Testimony was heard from ification of eligibility for employment and benefits. Representative Leach; Mary Schapiro, Chairwoman, Testimony was heard from Barbara Jordan, Chair, Commodity Futures Trading Commission; Arthur Commission on Immigration Reform; Robert L. Levitt, Jr., Chairman, SEC; and public witnesses. Bach, Executive Associate Commissioner, Policy and Planning, Immigration and Naturalization Service, ADMINISTRATION’S BUDGET Department of Justice; William Ludwig, Adminis- Committee on the Budget: Continued hearings on the trator, Food and Consumer Service, USDA; Wendell Administration’s Fiscal Year 1996 Budget, with em- E. Primus, Deputy Assistant Secretary, Human Serv- phasis on views of Members of Congress. Testimony ices Policy, Department of Health and Human Serv- was heard from Members of Congress. ices; Nelson Diaz, General Counsel, Department of Housing and Urban Development; Joseph A. CONSUMER’S PERSPECTIVE ON MEDICAL Antolin, Deputy Director, Field Operations, Depart- DEVICES ment of Public Aid, State of Illinois; Esperita John- Committee on Commerce: Subcommittee on Oversight son-Bullard, Eligibility Supervisor, Division of Social and Investigations held a hearing on A Consumer’s Services, Department of Human Services, City of Al- Perspective on Medical Devices. Testimony was exandria, Virginia; and public witnesses. heard from public witnesses. DEFENSE AUTHORIZATION FAIR LABOR STANDARDS ACT Committee on National Security: Subcommittee on Mili- Committee on Economic and Educational Opportunities: tary Personnel continued hearings on the fiscal year Subcommittee on Workforce Protection held a hear- 1996 national defense authorization request, with ing on the Fair Labor Standards Act. Testimony was emphasis on wartime vs. peacetime medical require- heard from Rudolph W. Giuliani, Mayor, City of ments. Testimony was heard from the following offi- New York; Christopher W. Waddell, Chief Counsel, cials of the Department of Defense: VAdm. James Department of Finance, State of California; and pub- LaPlante, USN, Director, Logistics, The Joint Staff; lic witnesses. Lt. Gen. Alcide M. LaNoue, USA, Surgeon General of the Army; VAdm. Donald F. Hagen, USN, Sur- DISTRICT OF COLUMBIA RESPONSIBILITY geon General of the Navy; Lt. Gen. Edgar R. Ander- AND MANAGEMENT ASSISTANCE ACT son, Jr., USAF, Surgeon General of the Air Force; Committee on Government Reform and Oversight: Ordered and Stephen Joseph, M.D., Assistant Secretary, reported H.R. 1345, District of Columbia Financial Health Affairs; Mark E. Gebicke, Director, Military Responsibility and Management Assistance Act of Operations and Capabilities Issues, National Security 1995. and International Affairs Division, GAO; and Neil March 30, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 451 Singer, Deputy Assistant Director, National Security Testimony was heard from Philip Lader, Adminis- Division, CBO. Hearings continue April 4. trator, SBA. DEFENSE AUTHORIZATION PHYSICIAN PAYMENT REVIEW Committee on National Security: Subcommittee on Mili- COMMISSION RECOMMENDATIONS ON tary Procurement continued hearings on the fiscal PHYSICIAN PAYMENTS year 1996 national defense authorization request, Committee on Ways and Means: Subcommittee on with emphasis on strategic lift. Testimony was heard Health held a hearing on the Physician Payment Re- from the following officials of the Department of view Commission Recommendations on Physician Defense: Lt. Gen. Richard E. Hawley, USAF, Prin- Payments. Testimony was heard from John cipal Deputy Assistant Secretary, Acquisition, De- Eisenberg, M.D. Chairman, Physician Payment Re- partment of the Air Force; Gen. Robert L. Ruther- view Commission; and public witnesses. ford, USAF, Commander in Chief, U.S. Transpor- DCI BUDGET WRAP-UP tation Command; and VAdm. Philip M. Quasat, USN, Commander, Military Sealift Command, De- Permanent Select Committee on Intelligence: Met in execu- partment of the Navy; and public witnesses. Hear- tive session to hold a hearing on DCI Budget Wrap- ings continue April 6. Up. Testimony was heard from departmental witnesses. GREENS CREEK LAND EXCHANGE ACT Committee on Resources: Held a hearing on H.R. 1266, Joint Meetings Greens Creek Land Exchange Act. Testimony was heard from Jim Lyons, Under Secretary, Natural Re- VETERANS PROGRAMS sources and the Environment, USDA; and Tom Joint Hearing: Senate Committee on Veterans’ Affairs Albanese, General Manager, Kennecott Greens Creek concluded joint hearings with the House Committee Mining Company, Juneau, Alaska. on Veterans’ Affairs on the legislative recommendations of certain veterans programs, after receiving MISCELLANEOUS MEASURES testimony from Ray H. Fuller, Veterans of World Committee on Resources: Subcommittee on Fisheries, War I; Carl E. Foley, Blinded Veterans of America; Wildlife and Oceans approved for full Committee Charles S. Prigmore, American Ex-Prisoners of War; action amended the following bills: H.R. 898, High James L. Brazee, Jr., Vietnam Veterans of America; Seas Fishing Compliance Act of 1995; H.R. 1139, and John C. Loberg, Military Order of the Purple Striped Bass Act of 1995; H.R. 1141, Sikes Act Im- Heart, all of Washington, D.C.; and Arthur W. provement Amendments of 1995; and H.R. 1175, Klingel, Jr., AMVETS, Lanham, Maryland. Marine Resources Revitalization Act of 1995. f OVERSIGHT COMMITTEE MEETINGS FOR FRIDAY, Committee on Resources: Subcommittee on Water and MARCH 31, 1995 Power Resources held an oversight hearing on De- (Committee meetings are open unless otherwise indicated) partment of Energy and Bureau of Reclamation Operational Issues. Testimony was heard from Daniel Senate P. Beard, Commissioner of Reclamation, Department Committee on Agriculture, Nutrition, and Forestry, to re- of the Interior; and the following officials of the De- sume hearings on proposed legislation to strengthen and partment of Energy: Dan Shafer, Administrator, improve United States agricultural programs, focusing on Western Area Power Administration; Forrest E. agricultural credit, 9:30 a.m., SR–332. Reeve, Acting Administrator, Southwestern Power Committee on Appropriations, Subcommittee on VA, HUD, and Independent Agencies, to hold hearings on Administration; Leon Jourolmon, Jr., Acting Admin- proposed budget estimates for fiscal year 1996 for the istrator, Southeastern Power Administration; and Department of Veterans Affairs, and Veterans Affairs Steve Wright, Vice President, Washington, D.C., Li- Service Organizations, 9:30 a.m., SD–138. aison Office, Bonneville Power Administration. House SBA OF THE FUTURE Committee on the Judiciary, Subcommittee on Crime, Committee on Small Business: Continued hearings on hearing on gun laws and the need for self-defense, 10 the SBA, with emphasis on the SBA of the Future. a.m., 2141 Rayburn. D 452 CONGRESSIONAL RECORD — DAILY DIGEST March 30, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, March 31 12:30 p.m., Monday, April 3

Senate Chamber House Chamber Program for Friday: After the transaction of any morn- Program For Monday: Consideration of the following 4 ing business (not to extend beyond 10 a.m.), Senate will Suspensions: resume consideration of H.R. 1158, FEMA Supplemental 1. H.R. 1345, the District of Columbia Financial Re- Appropriations/Rescissions. sponsibility and Management Assistance Act of 1995; 2. H.R. 716, the Fisherman’s Protective Act Amend- ments; 3. H. Res. 120, the Resolution Expressing the Sense of Congress Regarding the American Citizens Held in Iraq; and 4. H.R. 1271, the Family Privacy Protection Act.

Extensions of Remarks, as inserted in this issue

HOUSE Everett, Terry, Ala., E747 Pallone, Frank, Jr., N.J., E740 Filner, Bob, Calif., E739 Pelosi, Nancy, Calif., E747 Allard, Wayne, Colo., E740 Frelinghuysen, Rodney P., N.J., E743 Quinn, Jack, N.Y., E744 Barcia, James A., Mich., E738, E740 Gibbons, Sam, Fla., E744 Rahall, Nick J., II, W. Va., E741 Barrett, Thomas M., Wis., E743 Gilman, Benjamin A., N.Y., E737 Reed, Jack, R.I., E745 Collins, Cardiss, Ill., E743 Kaptur, Marcy, Ohio, E744 Richardson, Bill, N. Mex., E746 Davis, Thomas M., Va., E742 Kennedy, Patrick J., R.I., E742 Romero-Barcelo´ , Carlos A., Puerto Rico, E745 DeFazio, Peter A., Ore., E746 Kennelly, Barbara B., Conn., E748 Rush, Bobby L., Ill., E745 DeLauro, Rosa L., Conn., E747 Miller, George, Calif., E741 Torres, Esteban Edward, Calif., E746 Dingell, John D., Mich., E740 Mink, Patsy T., Hawaii, E739 Traficant, James A., Jr., Ohio, E745 Engel, Eliot L., N.Y., E738 Ortiz, Solomon P., Tex., E744 Ward, Mike, Ky., E739 Eshoo, Anna G., Calif., E748 Packard, Ron, Calif., E737 Young, Don, Alaska, E741

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